diff --git "a/uae-laws.csv" "b/uae-laws.csv" new file mode 100644--- /dev/null +++ "b/uae-laws.csv" @@ -0,0 +1,144302 @@ +Law kind,Law date & authority,Content +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (1) +Definitions +For the purpose of applying the provisions of this Decree -Law, the following words and +expressions shall have the meanings assigned thereto respectively, unless the context +requires otherwise: +State : The United Arab Emirates. +Minister : The Minister of Finance. +FTA : The Federal Tax Authority +Director -General : The Director General of FTA. +Business Day : Any weekday, except for weekends and public holidays of +the Federal Government. +Committee : The Tax Dispute Settlement Committee. +Competent Court : The federal court within the jurisdiction of which the +headquarters of FTA or any of its branches is located. +Tax + : Any federal tax levied by virtue of the Tax Law where the +management, collection and implementation thereof is +entrusted to the FTA. +Tax Law : Any federal law whereby the Tax is levied. +Tax Domicile +Certificate : A certificate issued by the FTA confirming the Tax domicile +of a person in the State, pursuant to the provisions of Article +(53) hereof. +Tax Resident : A person residing in the State, pursuant to article (53) hereof. +Federal Decree- Law No. (28) of 2022 on Tax Procedures 3 + Person : A natural or legal person. +Business : Any activities carried out regularly, continuously and +independently by any Person anywhere, such as industrial, +commercial, agricultural, professional, craft, service or +drilling activities, any activity related to the use of tangible or +intangible property, or any other activity determined by the +Tax Law. +Taxable Person : Any Person registered or required to be registered for the +purpose of the provisions of the Tax Law. +Taxpayer : Any person required to pay the Tax in the State under the +Tax Law, whether a Taxable Person or end consumer. +Tax Return : The information and data specified for tax ation purposes +and provided by the Taxable Person, according to the form +and mechanism designated by FTA, including the relevant +annexes and schedules +Tax Period : The period of time specified in the Tax Law for which the Tax due is required to be calculated. +Tax Registration : It is a procedure whereby a Person registers its name with +the FTA or the latter registers the same with it, as the case +may be, for Tax purposes. +Tax Registration +Number : It is a unique number issued by FTA for each Person for Tax +purposes. + +Registered +Person : The Taxable Person having a Tax Registration Number. +Legal +Representative : A guardian, trustee or curator with regard to incapacitated Persons or Persons with diminished capacity, or the court -appointed bankruptcy tru stee with regard to a +company undergoing bankruptcy, or any Person legally appointed to represent another Person. +Federal Decree- Law No. (28) of 2022 on Tax Procedures 4 + Due Tax : A Tax that is calculated and levied under the provisions of +the Tax Law. +Payable Tax : A Tax payable to FTA +Administrative Fines : Sums imposed on the Person by FTA due to the violation of the provisions of this Decree -Law, the Tax Law or the +cabinet resolutions issued in implementation thereof. +Refundable Tax : Amounts refundable by FTA to the Taxpayer, in whole or in part, purs uant to the Tax Law and this Decree -Law. +Tax Assessment : A decision made by FTA under article (23) hereof. +Assessment of +Administrative +Fines : A decision issued by FTA on the Administrative Fines. +Notification : Notifying the Person of decisions iss ued by the FTA, as per +the means set forth in this Decree -Law and the Executive +Regulations hereof. +Voluntary Declaration : +It is a form designated by FTA whereby the Taxpayer notifies FTA of any error or omission in the Tax Return, Tax +Assessment or tax recovery application, pursuant to the +provisions of article (10) hereof. +Register : The Tax Agent Register. +Tax Agent : Any Person registered with FTA authorized by another +Person to represent it before FTA, help it to perform its tax +obligations and e xercise its relevant Tax rights. +Tax Audit : It is a procedure carried out by FTA for auditing commercial records or any information, data or commodities related to a +Person to verify the fulfillment of their obligations under this +Decree- Law or the Tax L aw. +Tax Auditor + : Any FTA employee appointed to carry out the Tax Audit. +Tax Evasion : The Person's use of illegal means that result in reduced +Federal Decree- Law No. (28) of 2022 on Tax Procedures 5 + amount of the Due Tax, non -payment of Tax or recovery of a +Tax which the Taxpayer has no right to recover ac cording to +this Decree- Law or the Tax Law. +Executive +Regulations : The Executive Regulations of this Decree -Law. + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (2) +Objectives of this Decree- Law +This Decree -Law is intended to: +1. Regulate rights and obligations of the FTA, Taxpayers and any other Person dealing with +the FTA, in compliance with the provisions of this Decree -Law or the Tax Law. +2. Regulate common procedures and rules applicable to all tax laws in the State. + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (3) +Scope of Application +The provisions of this Decree -Law shall apply to the procedures related to the management, +collection and implementation of tax laws and Administrative Fines levied by FTA for +violating the provisions of this Decree -Law or the T ax Law. + +Part Two +Tax Obligations +Chapter One +Keeping Accounting Records and Commercial Books +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (4) +Record- Keeping +Any Person that carries out any business or is subject to a Tax obligation under the Tax Law +shall keep records for their accounting activities and commercial books, as well as any +tax-related information as determined by the Tax Law, in conformity with th e controls laid +Federal Decree- Law No. (28) of 2022 on Tax Procedures 6 + down by the Executive Regulations. + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (5) +Language +1. Every Person shall submit the Tax Return as well as data, information, records and +documents related to the Tax they are obligated or required to submit to the FTA in +Arabic. +2. Notwithstanding the provisions of Clause (1) above, FTA may accept the Tax Return and +the information, data, records and documents related to the Tax in any other language; +provided that the Person provides FTA with a translated copy of any of the same into +Arabic if required by the FTA, as stipulated by the Executive Regulations. +3. A Person that submits any translated copy of the data, information, records and any +other documents related to any tax to FTA shall be liable for the accuracy and validity of +such translated copies, and shall bear all relevant costs. The FTA may rely on the +translation submitted thereto. + +Chapter Two +Tax Registration +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (6) +Tax Registration, Deregistration and Amendment to Data +1. The Taxable Person may submit the registration application to the FTA pursuant to the +provisions set forth in the Tax Law. +2. The Registered Person shall: +a. Include its Tax Registration Number in all communications and transactions with +FTA and third parties according to the provisions of the Tax Law. +b. Notify FTA according to the form and mechanism designated by FTA of the +occurrence of any case that may require amendment to the information related to its +Tax Register kept at FTA, within twenty (20) business days from the occurrence date +of such case. +Federal Decree- Law No. (28) of 2022 on Tax Procedures 7 + c. Submit a deregistration application in accordance with the relevant provisions in the +Tax Law. +3. The Executive Regulations shall determine the Tax Registration and deregistration procedures as well as the amendment to its data. +4. Government bodies in charge of granting business licenses shall notify FTA upon +granting any license, no later than twen ty (20) business days from the issuance date of +the license, as stipulated in the Executive Regulations. + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (7) +Legal Representative +The Legal Representative shall: +1. Notify FTA of his appointment, within twenty (20) Business Days from the appoin tment +date, according to the procedures defined by the Executive Regulations; +2. Submit Tax Returns to FTA on behalf of the Taxable Person; and +3. Comply with any requirements under this Decree -Law and the Tax Law, as the case may +be. + + + + +Chapter Three +Tax Return and Payable Tax +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (8) +Tax Return Preparation and Submission +1. Every Taxable Person shall: +a. Prepare and submit the Tax Return to FTA pursuant to the provisions of this +Decree- Law and the Tax Law; and +b. Pay any Payable Tax within the time limit set forth in this Decree -Law and the Tax +Law. +Federal Decree- Law No. (28) of 2022 on Tax Procedures 8 + 2. Any incomplete Tax Return delivered to FTA shall not be admitted if the same fails to +contain the basic data defined by the Tax Law. +3. Any Taxable Person shall be responsible for the authenticity of information and data contained in the Tax Return and any communications with FTA. +4. Any Taxpayer shall pay the Payable Tax and the Administrative Fines within the time +limit defined in this Decree -Law and the Tax L aw. + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (9) +Determination of the Payable Tax +1. The Taxable Person shall, upon the payment of any amount to FTA, determine the type +of Tax and the Tax Period related to such amount, and FTA shall allocate the paid +amount accordingly. +2. When the Taxable Person pays any amount without determining the type of Tax or Tax Period, FTA may allocate the amount or a part thereof for the payment of any Tax or +amounts owed by the Taxable Person, as defined by the Executive Regulations. +3. If the Taxable Person pays an amount greater than the Payable Tax amount or has a credit balance with FTA, FTA may allocate the amount or the balance for the payment of any Tax or amounts owed by the Taxable Person, as defined by the Executive +Regulations. +4. If the Taxable Person pays an amount less than the Payable Tax amount, the provisions +set out in Chapter Fo ur of Part Three and Chapter Two of Part Fi ve hereof shall apply. + +Chapter Four +Voluntary Declaration +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (10) +1. If the Taxable Person finds out that the Tax Return submitted to FTA or the Tax +Assessment issued by FTA is incorrect in a way which causes the Payable Tax according +to the Tax Law be calculated in an amount less than the correct amount, they shall +submit a Voluntary De claration. +Federal Decree- Law No. (28) of 2022 on Tax Procedures 9 + 2. If the Taxpayer finds out that the tax recove ry application submitted to FTA is incorrect, +in a way which causes the recovery amount due to them under the Tax Law be +calculated at in an amount higher than the correct amount, they shall submit a Voluntary +Declaration. +3. If the Taxable Person finds out that the Tax Return submitted to FTA or the Tax +Assessment issued by FTA is incorrect, in a way which causes the Payable Tax according +to the Tax Law be calculated in an amount higher than the correct amount, they may +submit a Voluntary Declaration. +4. If the Taxpayer finds out that the Tax recovery application submitted to FTA is incorrect, +in a way which causes the recovery amount due to them under the Tax Law be +calculated at an amount less than the correct amount, they may submit a Voluntary +Decla ration. +5. If the Taxpayer finds out an error or omission in the Tax Return submitted to FTA, without a difference in the Tax amount due, they shall correct such return by submitting a Voluntary Declaration. +6. The Executive Regulations shall define th e detailed provisions related to the Voluntary +Declaration to the FTA, and the mechanism of applying the Administrative Fines levied +before the Voluntary Declaration. + +Part Three +Tax Procedures +Chapter One +Notification +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (11) +Methods of Notification +1. FTA shall notify the Person of any decisions or procedures through their address registered with the FTA. +2. The Person shall be deemed to have been notified of any decision and has received any communications if the FTA has sent Notifications and communications according to +Federal Decree- Law No. (28) of 2022 on Tax Procedures 10 + Clause (1) above. +3. The Executive Regulations shall define the means of Notification and communications. + + + + +Chapter Two +Tax Agents +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (12) +Tax Agent Registration +1. FTA shall create a Tax Agent Register. +2. Any Person may operate as a Tax Agent in the State only after fulfilling the registration +conditions, being registered in the Register and obtaining the license from the competent local authority. + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (13) +Requirements for Registration in the Register +1. The Executive Regulations shall determine the conditions, controls and procedures for +registration, suspension of registration and deregistration of the Tax Agent in the +Register, as well as rights and obligations of the Tax Agent. +2. The Tax Agen t shall notify FTA if they cease to operate as a Tax Agent, pursuant to the +controls and procedures set out in the Executive Regulations. + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (14) +Appointment of Tax Agent +1. The Person may appoint a Tax Agent to act on its behalf and in its name in respect of its obligations on Tax affairs under this Decree -Law or the Tax Law, without prejudice to +the liability of such Person under this Decree -Law or the Tax Law. +2. Subject to Clause (2) of article (15) above, FTA may not deal with the Tax Agent in +Federal Decree- Law No. (28) of 2022 on Tax Procedures 11 + respect of any Person if the latter notifies FTA of expiration of the agency or dismissal of +the Tax Agent, as described in the mechanism set by FTA. + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (15) +Records of the Person with the Tax Agent +1. The Tax Agent shall retain the information, documents, records and data related to any Person represented or that had been represented by the Tax Agent, within the period +and in such manner as described in the Executive Regulations. +2. The Tax Agent shall, upon FTA request, provide the same with all information, +documents, records and data in their possession required in respect of any Person +represented or that had been represented by the Tax Agent. + +Chapter Three +Tax Audi t +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (16) +FTA's Right to Conduct Tax Audit +1. FTA may conduct a Tax Audit of any Person in order to verify the compliance with the +provisions set forth in this Decree -Law and the Tax Law. +2. FTA shall notify the Person of a Tax Audit at least (10) ten days prior to the Tax Audit. +3. FTA may conduct the Tax Audit at FTA's headquarters, the business place of the Person +subject to audit or elsewhere at which such Person carries out their busine ss, stores +commodities or keeps records. +4. Notwithstanding the provisions of Clause (2) above, a tax auditor may access, without prior notice, to anywhere at which the Person subject to audit carries out its business, +stores commodities or keeps records, and may close down the same temporarily for conducting the audit for a period not exceeding (72) seventy two hours in any of the +following cases: +a. If FTA has serious reasons to believe that the Person subject to the Tax Audit is +involved or implicate d in Tax evasion in respect of the obligations of such Person or +Federal Decree- Law No. (28) of 2022 on Tax Procedures 12 + any other Person imposed by this Decree -Law or the Tax Law. +b. If FTA has serious reasons to believe that failure to temporarily close down the place +at which the tax audit is conducted may impede the audit. +c. If the Person that had been notified of the Tax audit under Clause (2) above attempts +to prevent the Tax auditor's access to the place at which the Tax audit is to be +conducted. +5. In all the cases set forth in Clause (4) above, the Tax auditor shall obtain prior written +consent of the Director -General or his representative and permission from the Public +Prosecution if the place required to be accessed is a housing place. +6. Premis es closed down under this Article shall be reopened after the lapse of the (72) +seventy -two hours, unless FTA obtains permission from the Public Prosecution that +permits the extension of the closure period for a similar period before the lapse of the +menti oned seventy -two hours. +7. The Executive Regulations shall determine the necessary procedures related to Tax audit. + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (17) +FTA's Right to Access to Original Records or Photocopies During Tax Audit +A Tax auditor may, while conducting the Tax Audit , access to original records or photocopies +thereof and take samples of goods, devices or other assets from the business place of the Person subject to the Tax Audit or those in its possession or seize the same, in accordance +with the controls defined by t he Executive Regulations. + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (18) +Tax Audit Timing +A Tax Audit shall be conducted during the normal business hours of FTA. If necessary, the +audit may be conducted beyond such times under extraordinary circumstances by a +decision of the Director -General or his representative. + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (19) +Federal Decree- Law No. (28) of 2022 on Tax Procedures 13 + New Information Appears After Tax Audit +Without prejudice to the provisions of article (46) hereof, FTA may audit any matter that +had already been audited if new information comes out that may affect the outcome of the +Tax audit; provided that such audit shall be subject to the Tax audit procedures in +accordance with the provisions of this Decree -Law and the Executive Regulations thereof. + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (20) +Cooperation During Tax Audit +Any Person subject to a Tax Aud it or their Tax Agent or legal representative shall be required +to provide all facilities and possible assistance to the Tax auditor in order to enable him to +perform his job. + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (21) +Rights of Persons Subject to Tax Audit +A Person subject to a Tax audit shall have the right to: + +1. Request Tax auditors to show their professional ID cards; +2. Obtain a copy of the Tax audit Notification; +3. Attend the Tax audit conducted outside FTA; and +4. Obtain copies of any original paper or digital documents that are seized or obtained by FTA upon the Tax audit, as defined by the Executive Regulations. + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (22) +Notification of Tax Audit Findings +1. FTA shall notify the Person subject to Tax Audit of the Tax Audit outcome within the +time limit and according to the procedures determined by the Executive Regulations. +2. The Person subject to Tax audit may access to and obtain the documents and +information relied upon by FTA for assessment of the Due Tax according to the controls set by the Executive Regulations. +Federal Decree- Law No. (28) of 2022 on Tax Procedures 14 + +Chapter Four +Tax Assessment and Assessment of Administrative Fines +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (23) +Tax Assessment +1. FTA shall issue a Tax Assessment to determine the value of the Payable Tax, Refundable +Tax or any other matters specified by the Tax Law or the Executive Regulations, and shall +notify the Taxpayer of the same within (10) ten Business Days from the issuance date +thereof in any of the following cases: +a. The Taxable Person fails to apply for the Tax Registration within the time limit +prescribed in the Tax Law. +b. Failure of the Registered Person to submit the Tax Return within the time limit +prescribed by the Tax Law. +c. The Registered Person's failure to pay the Tax indicated as a Payable Tax in the Tax Return submitted within the time limit prescribed in the Tax Law. +d. The Taxable Person has submitted an incorrect Tax Return. +e. The Registered Person's failure to calculate the Tax on behalf of another Person when he is obliged to do the same in accordance with the Tax Law. +f. If the Payable Tax is incomplete as a result of Tax Evasion by the Person or due to Tax Evasion in which he was involved. +g. Any other cases under the Tax Law. +2. FTA may issue an estimated Tax Assessment of the Payable Tax and the Refundable Tax if it is not possible to determine the actual amount of the Payable Tax or the authenticity +of the Tax Return. In this case, FTA shall: +a. Amend the estimated Tax Assessment issued under this Article based on new +information that may affect the subject of the Tax Assessment. +b. Notify the Person concerned of such amendments within (10) ten Business Days +following the amendment date. +3. The Executive Regulations shall specify the information or data to be included in the Tax Assessment. +Federal Decree- Law No. (28) of 2022 on Tax Procedures 15 + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (24) +Assessment of Administrative Fines +1. FTA shall issue an assessment of Administrative Fines and inform the Person of same +within (5) five Business Days in respect of any of the following violations: +a. The Person that carries out business or is subject to a Tax obligation under this +Decree- Law or the Tax Law fails to keep the required records and other information +specified both in this Decree -Law and the Tax Law. +b. The Person that carries out business or is subject to a Tax obligation under this Decree -Law or the Tax Law fails to submit the data, records and documents related +to the Tax in Arabic to FTA upon request. +c. The Taxable Person fails to submit the Tax Registration application within the time +limit specified in the Tax Law. +d. Failure of the Registered Person to submit a deregistration application within the +time limit specified in the Tax Law. +e. Failure of the Registered Person to inform FTA of any situation that may require +amendment to the information related to its tax re gister kept by FTA. +f. The Legal Representative of the Taxable Person fails to report his appointment as a +legal representative within the specified time limits. In such a case, fines shall be +collected from the funds of the Legal Representative. +1. The Legal Representative of the Taxable Person fails to submit the Tax Return within +the specified time limits. In such a case, fines shall be collected from the funds of the +legal representative. +h. Failure of the Registered Person to submit the Tax Retur n within the time limit +specified in the Tax Law. +i. The Taxable Person fails to pay the Due Tax within the time limit specified in the Tax +Law. +j. The Registered Person has submitted an incorrect Tax Return. +k. A Voluntary Declaration submitted by the Taxable Person or Taxpayer on errors in the Tax Return, Tax Assessment or the application for recovery of the Tax, in +Federal Decree- Law No. (28) of 2022 on Tax Procedures 16 + accordance with clauses (1) and (2) of article (10) above. +l. The Taxable Person or Taxpayer fails to make a Voluntary Declaration of errors in the +Tax Return, Tax Assessment or tax recovery application, in accordance with Clauses +(1) and (2) of article (10) of this Decree -Law before being notified that FTA +conducted a Tax Audit on it. +m. The Pers on that is subject to the Tax Audit or their Tax Agent or Legal Representative +fails to provide facilities for the Tax auditor, in violation of the provisions of article (20) of this Decree -Law. In such a case, fines shall be collected from the funds of the +Person or their legal representative or Tax Agent, as the case may be. +n. The Registered Person fails to calculate the Tax for another Person when the +registered Taxable Person is obligated to do the same in accordance with the Tax +Law. +o. Any other violation included in the Tax Law or under a resolution of the Cabinet. +2. The Executive Regulations shall specify the information and data to be included in the assessment of Administrative Fines. +3. The Cabinet shall issue a Resolution setting out the Administrative Fines for each of the violations mentioned in Clause (1) above, with regard to this Decree -Law, the Tax Law or +any other violation specified under a Cabinet resolution. +4. The amount of any Administrative Fine shall not exceed twice the Tax amount on which +the Assessment of Administrative Fines has been issued. +5. The imposition of any Administrative Fine under the provisions of this Decree -Law or +any other law shall not relieve any Person from their liability to pay th e Due Tax, in +accordance with the provisions of this Decree -law or the Tax Law. + + + +Chapter Five +Penalties, Procedures and Measures +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (25) +Tax Crimes and Penalties +Federal Decree- Law No. (28) of 2022 on Tax Procedures 17 + 1. The penalties set forth herein shall not prejudice to any severer penalty stipulated in any +other law. +2. A prison sentence and/or a fine not less than the evaded Tax amount and not more than (3) three times the amount of evaded Tax shall be inflicted on any Person committed the +Tax Evasion by one of the following act: +a. Deliberately refrains from paying any Payable Tax; +b. Deliberately reduces the actual value of its business or revenues or does not include +its associates business in order not to re ach the required registration limit, Tax rate or +other Tax threshold, as specified in the Tax Law; +c. Deliberately levies or collects amounts as a Tax without being registered; +d. Deliberately reduces the Tax due or engages, in any manner, in the Tax E vasion; +e. Deliberately performs or fails to perform any other act that would constitute a Tax +Evasion under this Decree -Law or the Tax Law. +3. A prison sentence and/or a fine not less than the amount of the Administrative Fine and +not more than (3) three times the amount thereof shall be inflicted on any Person that +abstains from paying the payable Administrative Fine, unless it is decided to be +exempted. +4. A prison sen tence and/or a fine not exceeding (AED 1,000,000) one million dirhams +shall be inflicted on any Person committing any of the following acts: +a. A Person that intentionally provides false information, data and documents to FTA; +b. A Person who intention ally hides or destroys documents, data, information or other +materials that are required to be kept and provided to FTA; +c. A Person who has stolen, abused or caused damage to documents or other materials kept by FTA; and +d. A Person who prevents or impedes employees of FTA from carrying out their duties. +5. If any of the above acts takes place and cause Tax Evasion or its facilitation or concealment, the penalty set forth in Clause (2) above shall be applicable. +6. Any Pe rson who is proven to have been involved directly in or caused one of the crimes +set forth in this Decree -Law or the Tax Law shall be penalized by the penalty prescribed +therefor in this Decree -Law, pursuant to the provisions of criminal involvement set fo rth +Federal Decree- Law No. (28) of 2022 on Tax Procedures 18 + in Decree- Law No. (31) of 2021, referred to hereinabove. +7. If multiple convicts are fined by one judgment in one crime, whether they are the +perpetrators or accomplices, they shall be jointly liable to pay the same. +8. Recidivism shall constitute an aggravating circumstance. For the purpose of this +Decree- Law or the Tax Law, a recidivist is any Person who is convicted by a final +judgment in one of the crimes set forth in this Article, whatsoever the penalty, then commits one of such crimes before t he lapse of (5) five years from the date on which the +said final judgment is rendered. +9. Without prejudice to the provisions of Clause (11) hereunder, any Person involved in a Tax Evasion crime shall be severally and jointly liable with the involved Per son for +paying the Payable Tax and the Administrative Fines. +10. When the Court renders a judgment on conviction, it shall order to publish the judgment +or a summary thereof with the appropr iate means at the expense of the convict, at the +request by FTA to the Public Prosecution. +11. The judgment on any penalty under the provisions of this Decree -Law or any other law +shall not exempt any Person from the liability for paying the Payable Tax or the +Administrative Fines. + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (26) +Procedures and Measures +1. A criminal action may be instituted against the crimes set forth in this Decree -Law or the +Tax Law only based on a written application from the Director -General. +2. Without prejudice to the cases in which the Law requires the confiscation ruling, the +Court may, when a judgment of conviction is rendered in respect of any crime set forth +in this Decree -Law or the Tax Law, order that the detected items and property be +confiscated, with out prejudice to bona fide third parties' rights. +3. Notwithstanding the provisions of Clause (2) above, FTA shall have the right to carry out the procedures of storage, transfer, retention, disposition, destroy, recycling or sale of +seized perishable, d iminishable or leakable items, or would otherwise affect the safety of +other goods and facilities in the same, along with disposing of left goods. +Federal Decree- Law No. (28) of 2022 on Tax Procedures 19 + 4. Any actions taken by FTA on the seized items shall not prejudice the liability for paying +the Payable Tax or the Administrative Fines, pursuant to the provisions of this +Decree- Law or the Tax Law. +5. The holder of right to seized items may request to rec over the same after paying the full +Tax, Administrative Fines and expenses due thereon, as the case may be. +6. Neither FTA nor its employees may be held liable f or malfunction or damage to the items +seized as a result of FTA's disposition thereof under this Article. +7. The Executive Regulations shall define the procedures and controls related to the application of Clauses (3), (4) and (5) above. + + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (27) +Reconciliation on Tax Evasion Crimes +1. Before a criminal action is instituted, FTA may enter into reconciliation on Tax Evasion +crimes and the deliberate abstention from the payment of the Administrative Fines set +forth in this Dec ree- Law or the Tax Law against the payment of the full Payable Tax and +Administrative Fines. FTA may, before instituting a criminal action, reconcile the crimes set forth in Clause (4) of article (25) above after the amounts defined by the Executive +Regula tions are paid. +2. The Public Prosecution may, after the criminal action is instituted and before a judgment +on conviction is rendered, order reconciliation on the crimes referred to in Clause (1) +above against the payment of the full Payable Tax and Adm inistrative Fines, plus an +amount equivalent to a percentage of the evaded Tax, as defined by the Executive +Regulations, or the amounts defined by the Executive Regulations for the crimes set +forth in Clause (4) of article (25) above. +3. The Public Prose cution may, after a judgment on conviction is rendered, order +reconciliation on the crimes referred to in Clause (1) above against the payment of the full Payable Tax and the Administrative Fines, plus an amount equivalent to a percentage +of the evaded Tax , as defined by the Executive Regulations, or the amounts defined by +the Executive Regulations for the crimes set forth in Clause (4) of article (25) above. +Federal Decree- Law No. (28) of 2022 on Tax Procedures 20 + 4. The reconciliation under Clauses (2) and (3) above shall be after consulting FTA. +5. The rec onciliation shall entail the lapse of criminal proceedings and the revocation of +effects arising therefrom. The Public Prosecution shall order a stay of execution of the +penalties imposed where the reconciliation is made during the execution thereof, even if the judgment has become final. +6. The Executive Regulations shall define the conditions, controls and procedures of +reconciliation set forth in this Article. + +Part Four +Tax Assessment Review, Objection and Challenge +Chapter One +Application for Tax Assessment Review +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (28) +Application for Tax Assessment Review +1. Without prejudice to the provisions of article (29) hereunder, any Person may submit an application to FTA for reviewing the Tax Assessment or part thereof issued against the +same and any associated Administrative Fines. +2. The application submitted under Clause (1) shall be reasoned, and shall be submitted within (40) forty Business Days from the date on which the Person is notified of the Tax +Assessment and the associated Administrative Fines. +3. FTA shall review the application submitted under Clause (1) above and shall be decided on within (40) forty Business Days from the date of receiving the said application. The +applicant shall be notified of the decisio n within (5) five Business Days from the date of +issuance. +3. The Person may submit an application for reconsideration, pursuant to article (29) +hereunder, against the decision issued under Clause (3) above, within (40) forty +Business Days from the date of notifying the Person of the decision, pursuant to Clause +(3) above, or expiry of the time limit within which FTA shall issue a decision on the +application and so notify the applicant. +Federal Decree- Law No. (28) of 2022 on Tax Procedures 21 + 5. No application for reviewing a Tax Assessment may be submitted or continued if a +reconsideration application for which has been submitted. +6. The application under Clause (1) above shall be submitted according to the form and mechanism identified by FTA. + +Chapter Two +Application for Reconsideration +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (29) +Application for Reconsideration +1. Any Person may submit an application to FTA for reconsideration of any decision or part +thereof issued by FTA against such Person. The application shall be reasoned, and shall +be submitted within (40) forty Business Days from the date on which the Person is +notified of the respective decision. +2. FTA shall consider and decide on the application by a reasoned decision within (40) forty +Business Days from the date of receiving the said application. The applicant shall be +notified of FTA decision within (5) five Business Days from the date of issuance. +3. An application for reconsideration on a Tax Assessment for which an application for +review had been submitted to FTA may be submitted only after FTA issues a decision or expiry of the time limit within which FTA shall issue a decision on the application and so +notify the applicant, pursuant to the provisions of article (28) and (35) above. +4. The application under Clause ( 1) above shall be submitted according to the form and +mechanism identified by FTA. + + + +Chapter Three +Objection Submitted to the Committee +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (30) +Federal Decree- Law No. (28) of 2022 on Tax Procedures 22 + Tax Dispute Settlement Committee +1. One or more standing committees to called ""Tax Dispute Settlement Committee"" shall +be formed under the chairmanship of a member of the Judiciary and the membership of +two experts from those enrolled in the Tax Experts Roll, who shall be appointed by a +decision of the Minister of Justice in coordination with the Minister. +2. The Cabinet shall issue a resolution on the Committee's rules of procedure, +remunerations of its members and the applicable procedures. + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (31) +Competences of the Committee +The Committee shall have the following competences: +1. To decide on objections filed against FTA's decisions on reconsideration applications. +2. To decide on reconsideration applications submitted to FTA and no decision has been +taken thereon, pursuant to the provisions of this Decree -Law. +3. Any other competences assigned to the Committee by the Cabinet. + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (32) +Objection Submission Procedures and Cases of Objection Rejection +1. An objection to the decision of FTA with regard to an application for reconsideration +shall be submitted within (40) forty Business Days from the date of Notification of FTA +decision. +2. The objection submitted to the Committee shall not be accepted in t he following cases: +a. If the application for reconsideration has not been submitted to FTA beforehand; +b. If the full tax subject of the objection is not paid; and +c. If the objection has not been submitted within the time limit set out in Clause (1 ) +above. +3. The Cabinet may, at the proposal of the Minister, issue a resolution for introducing any +modifications to the amount of Payable Tax, pursuant to Paragraph (b) of Clause (2) +above, for the purpose of submitting an objection under this Article. +Federal Decree- Law No. (28) of 2022 on Tax Procedures 23 + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (33) +Procedures of the Committee +1. The Committee shall consider the objection submitted thereto and decide thereupon +within (20) twenty Business Days from the date of receipt of the objection. +2. The Committee shall notify the objecting Per son and FTA of its decision within (5) five +Business Days from the issuance date thereof. +3. The decision of the Committee shall be final in respect of the objection if the total +amount of the Due Tax and the Administrative Fines specified therein does not exceed +AED (100,000) one hundred thousand dirhams. +4. In all cases, claims of tax disputes shall not be accepted before the Competent Court if +the objection is not filed with the Committee beforehand. + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (34) +Enforcement of the Committee's Decisions +1. Final decisions made by the Committee on disputes not exceeding AED (100,000) one hundred thousand dirhams shall be considered a writ of execution. +2. Decisions made on disputes exceeding AED (100,000) one hu ndred thousand dirhams +shall be considered a writ of execution if they are not challenged before the Competent +Court within a period of (40) forty Business Days from the date of the objection result +Notification. +3. The Committee's final decisions having the force of the writ of execution shall be +enforced by the enforcement judge of the Competent Court. + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (35) +Extension of Time Limits +1. FTA or the Committee, as the case may be, for any reason whatsoever, may extend any of the time limits set o ut in Clause (3) of article (28), Clause (2) of article (29) and Clause +(1) of article (33) above for a period specified by the Executive Regulations. +Federal Decree- Law No. (28) of 2022 on Tax Procedures 24 + 2. FTA or the Committee, as the case may be, at the request of any Person for any of the +reasons specified in the Executive Regulations, may grant such Person an extension for +any of the time limits set out in Clause (2) of article (28), Clause (1) of article (29) and +Clause (1) of article (32) above. +3. If the extension application submitted under Clause (2) above is rejected, pursuant to the +provisions of article (32) or (36) of this Decree -Law, the decision of FTA or the +Committee shall be final and irrevo cable or non -appealable, as the case may be. + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (36) +Appeal Proceedings Before Courts +1. Without prejudice to the provisions of article (34) and (37) above, FTA and the Person, +as the case may be, may appeal against the decision of the Committee before the +Competent Court within (40) forty Business Days from the date of notifying FTA or the +Person, as the case may be, of the decision of the Committee in any of th e following +cases: +a. Objection to the committee's decision in whole or in part. +b. No decision has been made by the Committee on an objection already submitted thereto in accordance with the provisions of this Decree -Law. +2. The Competent Court shall adjudicate the inadmissibility of the appeal against FTA in the +following cases: +a. In the cases of objection rejection by the Committee, as set out in Clause (2) of Article +(32) above. +b. The Person's failure to provide a doc ument proving the full payment of Tax to FTA. +c. The Person's failure to provide a document proving the payment of a percentage not less than (50%) of the Administrative Fines prescribed according to the Committee's decision or the court judgment, as the case may be, through the cash payment to FTA +or by providing an accredited bank guarantee in favour of FTA. +3. The Cabinet may, at the proposal of the Minister, introduce any modifications to the +amount set out in Paragraph (b) and the percentage set ou t in Paragraph (c) of article (2) +above. +Federal Decree- Law No. (28) of 2022 on Tax Procedures 25 + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (37) +Special Procedures for Objection and Appeal +Notwithstanding the provisions of Articles (31), (32), (33), (34) and (36) above, the Cabinet +shall issue, at the proposal of the Minister, a reso lution approving an alternative mechanism +for objection and appeal if parties to a dispute are any of the federal or local government +authorities set out in this Resolution. Until the said Cabinet resolution is issued and entered +into force, the provisions set forth in this Decree -Law shall apply to objections or appeals +filed by federal and local government authorities related to Tax disputes. + +Part Five +Tax Recovery and Collection +Chapter One +Recovery of Tax +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (38) +Tax Recovery Application +1. The Taxpayer may submit an application for recovery of any Tax he has paid if the same +is entitled to recover such Tax in accordance with the Tax Law and it is found out the +amount already paid exceeds the Payable Tax and the Administrative Fines, in +accordan ce with the procedures specified by the Executive Regulations. +2. FTA shall review the application submitted under Clause (1) and shall notify the +Taxpayer of its decision approving rejecting the application. + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (39) +Tax Refund Procedures +1. FTA shall make a set -off between the amount required to be refunded and any other +undisputed Payable Tax or Administrative Fines of the Taxpayer applying for the +recovery, in accordance with the Tax Return or Tax Assessment issued by FTA before the +refund of any amount related to a particular Tax. +Federal Decree- Law No. (28) of 2022 on Tax Procedures 26 + 2. FTA may abstain from refunding any amount mentioned in Clause (1) of this Article in +any of the following cases: +a. If it finds out that there are other disputed Tax amounts related to such Taxpayer. +b. If the Person is subject to Tax Audit. In such a case, FTA may not abstain from refunding the outstanding amount following the fulfillment of the conditions +identified by FTA Board resolution. +c. By virtue of a decision by the Competent Court. +3. FTA s hall refund the Tax under this Article in accordance with the procedures and +controls specified by the Executive Regulations. + +Chapter Two +Tax Collection +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (40) +Collection of Payable Tax and Administrative Fines +1. If the Person fails to pay the Payable Tax within the time limits specified in this +Decree- Law and the Tax Law, the following actions shall be taken: +a. FTA shall serve a Notification to the Person for payment of the Payable Tax and the +Administrative Fines within (20) twenty Business Days from the date of notification. +b. In case the Person fails to make the payment after being notified in accordance with Paragraph (a) of Clause (1) of this Article, the Director -General shall issue a decision +obligating the Person to pay the Payable Tax and the Administrative Fines, and such decision shall be notified within (5) five Business Days from the date of the decision, accompanied by the Tax Assessment and the assessment of Administrative Fines. +c. The decisi on of the Director -General on the Tax Assessment and assessment of +Administrative Fines shall be considered as a writ of execution for the purpose of +enforcement by the enforcement judge of the Competent Court. +2. If FTA finds out that the Payable Tax am ounts could be lost, the Director -General may +ask an interim relief judge of the Competent Court to issue an order on petition to attach +at the Person's property, at the possession of any one, adequate to collect such amounts. +Such amounts shall be under a precautionary attachment and may be disposed of only if +Federal Decree- Law No. (28) of 2022 on Tax Procedures 27 + the attachment is lifted by a judgment by the Competent Court at the request of the +Director -General. +3. The Tax and other amounts payable to FTA under the Tax Law shall take precedence over all fu nds of debtors thereof or Persons bound to pay the same to FTA under the +Law, based on the priority over all other debts, other than legal expenses. +4. Any Person who receives any amount as Tax, shall pay the same to FTA, and shall be treated with the same treatment of the Payable Tax. + +Chapter Three +Payment and Collection of Tax and Administrative Fines in Special Cases +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (41) +Liability for Paymen t of Tax and Administrative Fines in Case of Partnership + Without prejudice to any provisions in the Tax Law, if multiple Persons participate in +business that do not have an autonomous legal personality, each of them shall be held liable before FTA, severa lly and jointly, for the Payable Tax and the Administrative Fines for such +business. + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (42) +Liability for Tax Payment in case of Partnership +Without prejudice to any provisions in the Tax Law, if multiple Persons participate in business tha t do not have an autonomous legal personality, each of them shall be held liable +before FTA, severally and jointly, for the Payable Tax and the Administrative Fines for such +business. + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (43) +Payment of Tax and Administrative Fines in Special Cases +1. The amount of Payable Tax shall be paid in cases of death as follows: +a. For the Payable Tax of a natural Person prior to the date of his death, the Tax amount +shall be paid from the elements of the estate or of the inc ome generated from such +Federal Decree- Law No. (28) of 2022 on Tax Procedures 28 + estate before payout to the heirs or legatees. +b. If, after the estate is apportioned, it is founds out there is an outstanding Payable Tax, +the heirs and the legatees shall be held liable within their respective shares for +paymen t the Payable Tax, unless a certificate of discharge has been obtained from +FTA for the estate representative or any heir. +2. The Payable Tax and the Administrative Fines of the Taxable Person who is incapacitated or with reduced capacity, missing, lost or of unknown domicile and the like shall be paid by his legal representative from assets and property of the Taxable Person, subject to the +legislation in force in this regard. + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (44) +Payment and Administrative Fines of Tax in Case of Bankruptcy +1. An appointed bankruptcy trustee shall communicate with FTA to inform him of the Due +Tax or FTA's desire to conduct a tax audit for the specified Tax Period(s). +2. FTA shall inform the bankruptcy trustee of the amount of the Payable Tax or the tax aud it within (20) twenty Business Days following the receipt of the notification of the +bankruptcy trustee. +3. The bankruptcy trustee has the right to appeal, object to and challenge the assessment of +FTA or payment of the Due Tax. +4. The Executive Regulations shall specify the procedures for communication with FTA, +grievance, objection and payment of the Due Tax. + +Part Six +General Provisions +Chapter One +Confidentiality and Conflict of Interest +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (45) +Professional Confidentiality +1. Employees of FTA shall not disclose the information obtained or accessed to in their +Federal Decree- Law No. (28) of 2022 on Tax Procedures 29 + professional capacity or on account thereof during their work, except as determined or +defined in accordance with the Executive Regulations. +2. In all the cases re ferred to in Clause (1) above, disclosure may only be made after the +approval of the employees authorized by the Board of Directors of FTA, as defined by the Executive Regulations. +3. Employees of FTA shall, upon completion of their services, maintain their professional confidentiality and not to disclose the information they obtained or accessed thereto due to their job capacity only at the request of judicial authorities and in accord ance with the +Executive Regulations. +4. Any Person who has obtained information in accordance with the provisions of the +Decree- Law shall not disclose or use the information except for the very purpose for +which it was obtained, without prejudice to the liability resulting therefrom, where +necessary. +5. The Board of Directors of FTA shall issue the regulations and instructions concerning the +organization of internal procedures to protect the confidentiality of information in FTA +and the obligations of t he Tax Agent in this regard. + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (46) +Conflict of Interests +Any employee of FTA may not perform or engage in any tax procedures related to any +Person in the following cases: +1. In case of a kinship up to the fourth degree between the employee and such natural +Person; +2. In case of a common interest between the employee and such natural Person or one of their relatives up to the third degree; +3. In case of a personal or financial interest or any other relationship between the employee and such Person influencing the employee's ability to take an independent decision; and +4. In case the Director -General decides not to carry out any Tax procedures related to such +Person for the presence of any other case of conflict of interest. +Federal Decree- Law No. (28) of 2022 on Tax Procedures 30 + +Chapter Two +Time Limits & Prescription +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (47) +Prescription +1. Except for the cases set out in Clauses (2), (3), (6) and (7) hereunder, FTA may not +conduct a Tax audit or issue a Tax Assessment on the Taxable Person after (5) five years +from the end of the relevant Tax Period. +2. FTA may conduct a Tax Audit or issue a Tax Assessment on the Taxable Person after (5) five years from the end of the relevant Tax Period if they are notified of the +commencement of such Tax Audit prior to the lapse of the (5) five -year period; provided +that the Tax Audit or the Tax Assessment issuance, as the case may be, within (4) four +years from the date of the Tax Audit Notification. +3. FTA may conduct a Tax Audit or issue a Tax Assessment after (5) five years from the end +of the relevant Tax Period if such Tax Audit or the Tax Assessment issuance is related to a +Voluntary Declaration that had been submitted in the fifth year of the end of the Tax +Period; provided that the Tax Audit is made or the Tax Assessment is issued, as the case +may be, within on e year from the date of submitting the Voluntary Declaration. +4. The Cabinet, at the proposal of the Minister, may issue a resolution amending the time limit set for the completion of the Tax Audit or the issuance of the Tax Assessment, +pursuant to Claus es (2) or (3) above. +5. No Voluntary Declaration may be submitted following the lapse of (5) five years from +the end of the relevant Tax Period. +6. In case of Tax Evasion, FTA may conduct a Tax Audit within (15) fifteen years from the +end of the Tax Period during which the Tax Evasion occurred. +7. In case of non -tax registration, FTA may conduct a Tax Audit or issue a Tax Assessment +within (15) fifteen years from the date on which the Taxable Person was required to +make the tax registration. +8. The prescription set forth in this Article shall cease for any of the reasons set forth in Federal Law No. (5) of 1985, Enacting the Law of Civil Transactions or any superseding +Federal Decree- Law No. (28) of 2022 on Tax Procedures 31 + federal law. + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (48) +FTA's Right to Claim Payment +The Payable Tax and A dministrative Fines, which have been notified to the Taxable Person, +shall not lapse by prescription and may be claimed by FTA at any time. + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (49) +Time Limit for Tax Obligations +Unless a specific time limit is set for the performance of any obligat ion or any other action in +this Decree -Law or the Tax Law, FTA shall grant the Taxable Person a time limit for this +purpose compatible with the nature of the obligation or the procedure of not less than (5) +five Business Days and not more than (40) forty B usiness Days from the date of the incident +leading to the occurrence of the obligation or action. FTA may extend such time limit. + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (50) +Calculating the Time Limits +In all cases, the following rules shall apply upon calculating the time limits: +1. The Notification day or the day on which the incident for which the time limit occurred is not included in the time limit. +2. If the last day of the time limit is not a Business Day, the time limit shall be extended to +the subsequent first Business Day . +3. The time limits and dates set forth in this Decree -Law and the Tax Law shall be +calculated according to the Gregorian calendar. + + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (51) +Controls of Administrative Fines Payment in Installments, Exemption and +Refund +Federal Decree- Law No. (28) of 2022 on Tax Procedures 32 + 1. If FTA l evies or collects an Administrative Fine from any Person for violating the +provisions of this Decree -Law or the Tax Law, the Committee set out in Clause (2) +hereunder may, at the proposal of the Director -General, issue a decision approving the +payment of the Administrative Fine amount in installments or exemption from or +refunding, in whole or in part, such amount, in accordance with the controls and +procedures issued by virtue of a Cabinet resolution, at the proposal of the Minister. +2. FTA Board Chairman shall issue a resolution forming the Committee set forth in Clause +(1) above under his chairmanship or his deputy and membership of two members of the +Board. The resolution forming the Committee shall provide for the Committee's working +system and the me thod of holding its meetings. + +Chapter Three +Miscellaneous Provisions +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (52) +Proving the Authenticity of Data +The burden of proving the Tax Retur n authenticity shall lie with the Taxable Person. In cases +of Tax Evasion, the burden of proof shall lie with FTA. + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (53) +Judicial Police +The Director -General and Persons designated under a resolution of the Minister of Justice, in +agreement with t he Minister, shall have the capacity of judicial officers for detecting crimes +or violations against the provisions of this Decree -Law, the Tax Law or resolutions issued in +implementation thereof. + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (54) +Tax Resident +1. For the purpose of the Tax Law or any convention or arrangement to which the State is a +party, the Cabinet shall issue a resolution, at the proposal of the Minister, establishing +Federal Decree- Law No. (28) of 2022 on Tax Procedures 33 + the conditions whereby a Person can be deemed a Tax Resident. +2. FTA shall issue the Tax Domicile Cer tificate for the Tax Resident pursuant to the +provisions established by the Cabinet resolution. + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (55) +FTA Fees +By vir tue of a Cabinet resolution, at the proposal of the Minister, the fees payable to FTA +shall be identified, pursuant to the provisions of this Decree -Law and the Executive +Resolution thereof. + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (56) +Repeals +1. Federal Law No. (7) of 2017, on Tax Procedures, as amended, shall hereby be repealed. +2. Any provision contradicting or repugnant to the provisions of this Decree -Law shall +hereby be repealed. +3. The Executive Regulations of Federal Law No. (7) of 2017, on Tax Procedures, as +amended, and any other resolutions issued in implementation thereof shall hereby be +repealed, in so far as they do not contradict the provisions of this Decree -Law, until the +superseding Executive Regulations and resolutions are issued, pursuant to the provisions of th is Decree- Law. + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (57) +Executive Regulations +The Cabinet shall issue, at the proposal of the Minister, the Executive Regulations of this Decree- Law. + +" +tax,Federal Decree by Law No. (28) of 2022 Concerning Tax Procedures,"Article (58) +Publication and Entry into Force of the Decree- Law +This Decree- Law shall be published in the Official Gazette, and shall enter into force as of 1st +Federal Decree- Law No. (28) of 2022 on Tax Procedures 34 + March 2023. + + +Mohammed bin Zayed Al Nahyan +President of the United Arab Emirates + +Issued at the Presidential Palace – Abu Dhabi +Dated: 4 th Rabi' al -Awwal 1444 AH, +Corresponding to: 30 th September 2022 AD + " +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (1) +For the purpose of applying the provisions of this Resolution , the following words and +expressions shall have the meanings assigned thereto respectively, unless the context otherwise +requires: +State : The United Arab Emirates. +Minister : The Minister of Finance. +Authority : The Federal Tax Authority. Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 2 + Value Added Tax +(VAT) : A tax levied on the importation and supply of goods and services at +every stage of production and distribution, including the deemed +supply . +Tax : The Value Added Tax +GCC States : All the states, which are full members of the Cooperation Council +for the Arab States of the Gulf in accordance with the GCC Charter . +Applying States : The GCC States, which apply the Tax law under issued legislation . +Goods : Tangible properties which can be sup plied, including the real +property, water, and all types of energy determined by this +Resolution . +Services : Anything other than the goods, which can be supplied . +Standard Rate : The tax rate set out in article (3) of the Decree -Law . +Importation : Bringing goods or services into the State from abroad . +Relevant Goods : The goods imported and not exempted from the tax if supplied in +the State . +Relevant Services : The services imported, whose place of supply is in the State, and not +exempted from the tax if supplied in the State . +Person : A natural or legal person. +Taxable Person : Each person that is, or ought to be, registered for tax purposes under +the Decree -Law . +Taxpayer : Any person that is obligated to pay the tax in the State pursuant to +the Decree -Law, whether such person is a taxable person or an end +consumer . +Legal +Representative : The manager of a company, guardian, or custodian of a minor or +legally incompetent person, or any other person legally appointed +to repres ent another . +Tax Registration : A procedure under which a taxable person or the legal +representative thereof registers for the tax purposes at the Authority Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 3 + Tax Registration +Number (TRN) : A unique number assigned by the Authority to each person +registered for the tax purposes +Registrant : A taxable person holding a tax registration number . +Recipient of +Goods : The person to whom the goods are supplied or imported . +Recipient of +Services : The person to whom the services are supplied or imported . +Tax Return : The information and data specified for the tax purposes and +provided by the taxable person in accordance with the form +prepared by the Authority . +Consideration : Anything that has been received or expected to be received for the +supply of goods or services, whether it is cash payment or in any +other form recognized as compensation . +Business : Any activity that is practiced on an ongoing, regular, and +independent basis by any person and in any place, such as the +industrial, commerci al, agricultural, professional, handicraft or +service activity, excavation activities or any activity related to the +use of tangible or intangible properties . +Exempted Supply : The supply of goods or services for a consideration during the +practice of the business within the State, which shall not be taxed +and the input tax levied on may not be refunded, except under the +provisions of the Decree -Law . +Taxable Supply : The supply of goods or services for a consideration during the +practice of the business by any person within the State, not +including the exempted supply . +Deemed Supply : All that is regarded as a supply and treated as a taxable supply in +accordance with the cases set forth in the Decree -Law . Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 4 + Input Tax : The tax paid by, or du e from, a person when goods or services are +supplied to or imported by such person . +Output Tax : The tax levied on the taxable supply and on any supply which is +deemed taxable supply . +Refundable Tax : The amounts paid that may be refunded by the Authority to the +taxpayer under the provisions of the Decree -Law . +Due Tax : The tax that is calculated and levied under the provisions of the +Decree -Law . +Payable Tax : The tax which becomes due to be paid to the Authority. +Tax Period : A specific period for which the payable tax shall be calculated and +paid . +Tax Invoice : A written or electronic document in which any taxable supply and +its details are recorded . +Tax Credit Note : A written or electronic document in which any amendment to +reduce or cancel a taxable supply and its details are recorded . +Government +Agencies : Ministries, government departments and entities and federal and +local public authorities and institutions in the State . +Charities : National nonprofit societies and institutions of public welfare, +which are determined by a Cabinet resolution to be issued upon the +proposal of the Minister . +Mandatory +Registration +Threshold : An amount specified in this Resolution and if the value of tax able +supplies exceeds or is expected to exceed such amount, the supplier +shall apply for tax registration . +Voluntary +Registration +Threshold : An amount specified in this Resolution and if the value of taxable +supplies or taxable expenses exceeds or is exp ected to exceed such +amount, the supplier may apply for tax registration . +Transport -Related +Services : Transport, packaging and securing of cargo; preparation of customs +documents; container management services and loading, Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 5 + unloading, storage and movement of goods, or any other services +that are closely related or necessary for the completion of transport +services . +Business +Establishment : The place where the business is legally established in a country, in +accordance with its establishment decision and where important +management decisions are taken or the functions of the business’ +central administration are carried out . +Fixed +Establishment : Any fixed place of business other than the business establishment, +through which the person conducts its business on a regular or +permanent basis, and which has the sufficient human and technical +resources necessary to enable it to supply or receive goods or +services and includes the person’s branches . +Place of Residence : The place where a person has a business establishment or fixed +establishment, in accordance with the provisions of the Decree - +Law . +Non -Resident +Person : Any person that has no business establishment or fixed +establishment in the State and usually does not reside therein . +Related Parties : Two or more persons that are not economically, financially or +organizationally separated, where one can control the others either +by law or by acquisition of shares or voting rights. +Designated Area : Any area identified by a Cabinet Resolution issued upon the +proposal of the Minister, as a designated area for the purposes of +the Decree -Law . +Exportation : The departure of the goods from the State or providing the services +to a person whose business establishment or fixed establishment is +outside the State, including direct and indirect exportation . Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 6 + Direct +Exportation : An exportation of goods to a destination outside the applying states, +in which the supplier is responsible for arranging transport or +appointing an agent to act on his behalf in this regard . +Indirect +Exportation : An exportation of goods to a destination outside the applying states, +where the overseas customer is responsible for arranging the +receipt of goods from the supplier in the State and export ing the +goods or appointing an agent to act on his behalf in this regard . +Oversees +Customer : A recipient of goods who does not have a business establishment or +fixed establishment in the State, does not reside in the State, and +does not have a tax registration number. +Voucher : Any instrument entitling the holder to receive goods or services +against the value stated thereon or to obtain a discount on the price +of the goods or services and it does not include postage stamps +issued by the Emirates Post Group . +Capital Assets : Business assets designated for long -term use. +Capital Assets +Scheme : A scheme whereby the input tax initially refunded is adjusted based +on the actual use during a specific period . +Administrative +Fines : Amounts to be imposed on the person by the Authority for violating +the provisions of the Decree -Law and Federal Law No. (7) of 2017 +on Tax Procedures . +Tax Group : Two or more persons registered at the Authority as a single taxable +person for the tax purposes in accordance with the provisions of the +Decree -Law . +Notification : Notifying the concerned person or his tax agent or legal +representative of the decisions issued by the Authority through the +means provided for in Federal Law No. (7) of 2017 on the Tax +Procedures . Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 7 + Tax Evasion : The use of illegal means by a person, which causes reducing the +amount of the due tax, the non -payment thereof, or the refund of a +tax that such person is not entitled to refund in accordance with the +provisions of the De cree -Law . +Decree -Law : Federal Decree -Law No. (8) of 2017 Concerning the Value -Added +Tax (VAT). + +Part Two +Supply +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (2) +Supply of Goods +1. The transfer of ownership of goods or the right to dispose thereof from one person to another +shall include , inter alia : +a. Transfer of ownership of goods under a written or verbal agreement for any sale; +b. Transfer of ownership of goods for a consideration in a compulsory manner in accordance +with the applicable legislation. +2. For the purposes of Clause (1) of this Article, the transfer of the right to dispose of any assets +shall not be deemed a supply of goods unless the other person is able to dispose there of as an +owner. +3. Concluding a contract between two parties , whereby the ownership of g oods shall be +transferred at a later time , shall be deemed a supply of goods if the contract provides for a +transfer or intention to transfer the ownership o f goods or a future transfer of ownership of +goods. +4. The following shall be deemed a supply of goods: +a. Supply of water . +b. Supply of real properties, including any sale and lease contract . Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 8 + c. Supply of all forms of energy, includ ing electricity and gas, including biogas, coal gas, +liquefied petroleum gas, natural gas, oil gas, producer gas, refinery gas, reformed natural +gas, and tempered liquefied petroleum gas, and any mixture of gases, whether used for +lighting, heating, cooling, air conditioning or any other purpose. + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (3) +Supply of Services +1. Each supply not considered a supply of goods shall be treated as a supply of services, including +any of the following: +a. Granting, assignment, cessation, or surrender of a right . +b. Providing a facility or advantage . +c. Refraining from engaging in any activity, or not allowing the occurrence of, any activities, +or agreeing to carry out any activity. +d. Transferring an indivisible share in good s. +e. Transferring or licensing intangible rights, such as rights of authors, inventors and artists, +trademarks ’ rights , and rights deemed by the legislation of the State to be within such +category. +2. Notwithstanding the provision of Clause (1) of this article, the duties of a board member +performed by a nat ural person who is appointed a board member in any of the government +agencies or a private sector establishment shall not be considered a supply of services. + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (4) +Supply Composed of More Than One Component +1. If a person makes a supply composed of more than one component for a single price , such +person shall determine whether the supply constitutes a single composite supply or multiple +supplies. Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 9 + 2. The phrase “single composite supply” means any supply of goods or services , where the +supply has more than one component, taking into account the contract and circumstances of +the supply as a whole . +3. Any supply shall be considered a single composite supply in the following cases: +a. If the supply includes all of the following: +1. A principa l component . +2. A component or components essential or necessary to the supply , including incidental +elements which naturally accompany the supply , but generally are not a significant part +of it , or do not constitute an aim in themselves , but a means of bette r enjoying the +principal supply. +b. If the supply comprises two or more elements so closely linked as to form a single +indivisible supply which it would be artificial to split . +4. A single composite supply may occur under Clause (2) of this Article if all of the following +conditions are met: +a. The supplier shall not define or charge t he price of the different components of the supply +separately . +b. All components of the supply shall be supplied by a single supplier . +5. If a taxable person supplies more than one component for a single price and the supply is not +a single composite supply, then the supply of the components shall be deemed multiple +supplies. + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (5) +Exceptions from the Deemed Supply +1. The supply shall not be regarded as deemed supply in any of the following cases: +a. If the amount of the input tax for the related goods and services is not refunded. +b. If the supply is exempt from the tax. Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 10 + c. If the refunded input tax on the goods and services is adjusted in a ccordance with the +Capital Assets Scheme. +d. If the value of the supply of goods, for each recipient during the period of twelve months, +does not exceed (AED 500) five hundred dirhams and the supply is intended to use such +goods as samples or commercial gift s. +e. If the total output tax payable for all the deemed supplies per person for the period of +twelve months is less than (AED 2,000) two thousand dirhams . +2. For the purposes of Paragraphs (d) and (e) of Clause (1) of this Article, the period of twelve +months is the period which expires by the end of the month in which the person makes a +supply referred to in either of the Clauses. + +Part Three +Registration +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (6) +Application for Registration +For the purposes of mandatory or voluntary registration, the application for tax registration shall +contain all information requested by the Authority and shall be submitted through the means +specified by the Authority. + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (7) +Mandatory Registration +1. The Mandatory Registration Threshold shall be (AED 375,000 ) three hundred , seventy -five +thousand dirhams. +2. The person required to register for tax in accordance with the provisions the provisions of the +Decree -Law shall submit the application for tax registration to the Authority within (30) days +as of the date of being required to register. Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 11 + 3. If the person required to register for tax does not submit the application for tax registration , +the Authority shall register such person with effect fro m the date of being required to register +and shall impose the relevant penalties thereon in accordance with Federal Law No. (7) of +2017 on Tax Procedures. +4. If supplies made by a person exceed, in accordance with the Decree -Law, the Mandatory +Registration Threshold during the previous twelve -month period, the Authority shall register +the person with effect from the first day of the month following the month in which the +person is obligat ed to register, whether or not such person applies for tax registration , or from +such earlier date to be agreed upon between the Authority and the person . +5. If a person expects that the supplies thereof , in accordance with the Decree -Law, will exceed +the Ma ndatory Registration Threshold during the next (30) thirty days , the Authority shall +register such person with effect from the date on which there are reasonable grounds for +believing that the person will be required to register as set forth in this Clause, whether or not +the person notifies the Authority of the obligation to register for tax, or from such earlier date +to be agreed upon between the Authority and the person . +6. If a person who does not have a place of residence in the State is required to register in +accordance with the provisions of the Decree -Law, the Authority shall register him for tax +with effect from the commencement date of making supplies in the State, whether or not the +person notifies the Authority of the obligation to register for tax, or from such earlier date to +be agreed upon between the Authority and the person . +7. A taxable person who delays the registration for tax purposes in accordance with the +provisions of this Article shall be liable for calculating and paying to the Authority the due tax +on all taxable supplies and imports made there by before being registered . + + + + Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 12 + " +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (8) +Voluntary Registratio n +1. The Voluntary Registration Threshold shall be (AED 187,500 ) one hundred eighty -seven +thousand five hundred dirhams. +2. If a person applies for the tax registration voluntarily in accordance with the provisions of the +Decree -Law, the Authority shall register such person with effect from the first day of the +month following the month in which the application is submitted , or from such earlier date +as may be requested by the person and approved by the Authority. +3. If a person applies for the tax registration volu ntarily based on his expectation that the +supplies thereof, in accordance with the Decree -Law, will exceed the Voluntary Registration +Threshold during the next (30) thirty days , such person shall provide evidence of making +taxable supplies or incurring taxable expenses which exceed the Voluntary Registration +Threshold . +4. The Authority shall determine the evidence it deem s necessary to ensure the person’s +eligibility for voluntary tax registration . +5. For the purpose s of voluntary tax registration, the phrase “Taxable Expenses” means expenses +which are subject to the standard rate and incurred in the State by a person who has a place +of residence in the State. +6. No person shall register voluntarily unless he provides the Authority with evidence that he +practices a business in the State. + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (9) +Related Parties +1. For the purposes of the t ax group provisions, the definition of “Related Parties ” shall relate to +two legal persons in cases such as: +a. One or more persons practicing the business in a partnership and having any of the +following: Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 13 + 1. Voting right s in each of th e legal persons of 50% or more . +2. Market value interest in each of the legal persons of 50 % or more . +3. Control over each of the legal persons in any other way . +b. Each of persons is a related party with a third person. +2. Two or more persons shall be deemed related parties if they are economically, financially, or +organizationally related , taking into account the following: +a. Economic practices, which shall include at least one of the following: +1. Achieving a common commercial objective . +2. One person’s business benefiting another person’s business . +3. Supplying goods or services by businesses of different persons to the same +customer s. +b. Financial practices, which shall include at least one of the following: +1. Financial support provided by one person’s business to another person’s business . +2. One person’s business not being financially viable without another person’s +business . +3. Common financial interest s in the proceeds. +c. Organizational practices, which shall include any of the following: +1. Common management . +2. Common employees whether or not jointly employed . +3. Common shareholders or common economic ownership. +3. For the purposes of this Article: +a. “Market value interest” in a legal person means the ratio of the total market value of shares +and options owned by a person to the total market value of all shares in the legal person. +b. Any shareholding shall be disregard ed if there is another agreement, which contradicts +the same . In such case, the adjusted value in the shareholding shall be calculated in +accordance with the other agreement. + Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 14 + " +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (10) +Registration as Tax Group +1. A tax group shall nominate one of its registered members to act as the representative member +of such tax group. +2. An application for register ing a tax group shall be submitted by the representative member of +such tax group. +3. The Authority shall decide on any application for registration of two or more persons as a tax +group within 20 working day s as of the date of receipt of the application. +4. If an application for forming a new tax group is approved, the registration of such tax group +shall be valid accordi ng to the following: +a. From the first day of the tax period following the tax period during which the application +is received . +b. From any date as determined by the Authority. +5. The Authority may reject the application for registration as a tax group in any of the following +cases: +a. If the person s fail to meet the conditions prescribed for applying for registration as a tax +group in accordance with the provisions of the Decree -Law and article (9) of this +Resolution . +b. If there are serious grounds for believing that if the registration as a tax group is permitted, +it will enable tax evasion , or significantly decrease tax revenues of the Authority or +increase the administrative burden on the Authority . +c. If any of the person s included in the application is not a legal person. +d. If one of the person s is a government agency in accordance with article (10) and (57) of +the Decree -Law and the other person is not. +e. If one of the person is a charity in accordance with article (57) of the Decree -Law and the +other person is not. Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 15 + 6. The Authority may reject an application for adding a person to a tax group if such person does +not meet the conditions prescribed for applying for registration as a tax group in accordance +with the provisions of the Decree -Law or for the reasons mentioned in Clause (5) of this +Article. +7. If the Authority finds that two or more persons are in association as a result of their economic, +financial and organizational practices in business, the Authority may register them as a tax +group after considering the circumstance s of each case, including the presence of the factors +mentioned in Clause (2) of article (9) of this Resolution . +8. The Authority may only register a person within a tax Group in accordance with Clause (7) of +this Article if the two following conditions are met: +a. The business of such person shall include making taxable supplies or importing relevant +goods or relevant services . +b. All the taxable supplies or imports of relevant goods or relevant services of the business +by persons practicing the business shall exceed the Mandatory Registration Threshold. +9. The Authority may r eject the application for registration as a tax group if there are serious +reasons to suggest that such registration will significantly decrease the t ax revenue s. + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (11) +Amendment to Tax Group +1. The representative member appointed in accordance with article (10) of this Resolution shall +be entitled to apply to the Authority for any of the following: +a. Add ing another person to be a member of the tax group ; +b. Remov ing any member of such tax group ; +c. Nominat ing another member of the tax group to be the representative member after +obtaining the approval of the other member ; +d. Canceling the registration of the tax group. Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 16 + 2. For the purposes of Clause (1) of this Article, the Authority shall be entitled to accept any +applications from either: +a. The first day of the tax period following the tax period during which the application is +received; +b. Any date as determined by the Authority. +3. Any notification sent by the Authority to the representative member of any tax group shall be +deemed to be served on the representative member and all other members of the tax group. + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (12) +Effect of Tax Group Registration +1. The registration of persons as a tax group shall result in the following: +a. Any business practiced by a ny member of the tax group shall be deemed to be practiced +by the representative member and not by any other member of such tax group. +b. Any suppl ies made by a member of the tax group to another member of the same tax +group may be disregarded. +c. Any supply, whether or not taxable, made by a member of the tax group shall be deemed +to be made by the representative member. +d. Any import of relevant goods or relevant services made by a member of the tax group shall +be deemed to be made by the representative member. +e. Any supply of goods or services made for the benefit of a member of the tax group by a +person who is not a member of the tax group shall be deemed a supply to the +representative member. +f. Any output tax charged by a member of the tax group shall be deemed to be charged by +the representative member. +g. Any input tax incurred by a member of the tax group shall be deemed to be incurred by +the repres entative member. Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 17 + 2. For the purposes of Clause (1) of this Article, all members of the tax group shall be personally +and jointly liable for any payable taxes of the representative member. + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (13) +Aggregation of Related Parties +1. If it is found that two or more persons are in association as a result of their economic, financial +and organizational practices in the b usiness in accordance with Clause (2) of article (9) of this +Resolution , and such persons are not registered as a tax group and artificially segregate their +business, the value of the taxable supplies of each person shall be aggregated to determin e +whether they both have exceeded the Mandatory Registration Threshold and Voluntary +Registration Threshold. +2. If the business is not segregated artificially but the Authority finds that there is a shortfall in +tax revenues as a result of the segregation of such business , the Authority may aggregate the +taxable supplies of each of the person s to determine whether the total taxable supplies have +exceeded the Mandatory Registration Threshold and Voluntary Registration Threshold. +3. If any of the cases set forth in Clause (1) or (2) of this Article occurs , each of the person s shall +be treated as making taxable supplies made by the other related parties and shall apply for +tax registration if the Mandatory Registration Threshold is exceeded in accordance with the +provisions of the Decree -Law. + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (14) +Cancellation of Tax Registration +1. The registrant shall submit an application for cancellation of tax registration in accordance +with the cases set forth in the Decree -Law, within (20) working day s as of the date of +occurrence of any of them. +2. The Authority shall approve the application for cancellation of tax registration submitted by +the registrant when the two following conditions are met: Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 18 + a. The registrant ceases to mak e supplies referred to in article (19) of the Decree -Law and +does not expect to make any such supplies during the next 12 month s. +b. The value of supplies referred to in article (19) of the Decree -Law made by the registrant , +or the taxable expenses incurred thereby , during the preceding twelve months is less than +the Voluntary Registration Threshold and the Authority believes that the value of supplies +of such registrant , in accordance with the provisions of the Decree -Law, or the taxable +expenses expected during the next (30) days, is not expected to exceed the Voluntary +Registration Threshold. +3. If the application for cancellation of tax registration is approved, the Authority shall cancel the +tax registration of the registrant as of the last day of the tax period during which the registrant +has met the conditions for cancellation of tax registration or from such other date as may be +determined by the Authority. +4. If the Authority finds that the conditions set forth in Clause (2) of th is Article are met, and the +registrant does not apply for cancellation of tax registration , the Authority shall cancel the tax +registration of the registrant from the last day of the tax period during which the Authority +finds that the conditions have been met or from any other date as may be determined by the +Authority. +5. The tax registration of the registrant shall not be cancelled unless such registrant pays the total +tax and administrative fines due therefrom and submits all the t ax returns as required under +the Decree -Law and Federal Law No. (7) of 2017 on Tax Procedures. +6. For the purposes of Clause (5) of this Article, any goods and services forming part of assets of +the b usiness practiced by the registrant shall be deemed to be supplied by such registrant +immediately before the cancellation of his tax registration and he shall include the payable +tax in the final tax return, unless the business is practiced by a bankruptcy trustee in +accordance with the pro visions of Federal Law No. (7) of 2017 on Tax Procedures. +7. If the registrant applies for cancellation of tax registration due to the reduction of his taxable +supplies to less than the Mandatory Registration Threshold, the Authority shall cancel the tax +registration , if it approves the application , with effect from: Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 19 + a. The date specified by the registrant in the application; or +b. The submission date of the applicati on if the registrant does not specify the date of +cancellation of tax registration in his application . +8. If the Authority cancels the tax registration of the registrant , it shall notify the registrant of the +effective date of cancellation of tax registration within (10) working day s as of the issuance +of the cancellation decision . + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (15) +Cancel ing the Registration of Tax Group or Amendment Thereof +1. The Authority shall cancel the registration of any tax group if the following conditions are met: +a. If the person s registered as a tax group no longer meet the conditions for their registration +as a tax group in accordance with the Decree -Law. +b. If there is no longer an association based on their economic, financial and organizational +practices. +c. If there are serious reasons for believing that permitting the continuance of the +registration as a tax group would enable the t ax evasion or significantly reduce the tax +revenues of the Authority. +2. The Authority shall amend the composition of a tax group in any of the following cases : +a. A member shall be removed from a tax group if such member meets the conditions set +forth in Clause (1) of this Article . +b. A member shall be added to a tax group if the Authority believes that the activities carried +out by a person are deemed as part of the business practiced by the tax group in +accordance with Clause (7) of article (10) of this Resolution . +3. The representative member of a tax group shall notify the Authority in case that any member +is no longer eligible to be part of the tax group , within (20) working day s as of the date of +being non -eligible . Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 20 + 4. If the Authority decide s to cancel or amend the registration of a tax group , it shall give +notification of such decision and its effective date to the representative member within (10) +working day s as of the date of such decision. +5. If a taxable person is no longer a member of a tax group , the Authority shall assign a new tax +registration number to such person or re -activate the tax registration number thereof before +joining the tax group and shall treat the same as a registrant immediately following the +withdrawal from the tax group . +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (16) +Exception from Registration +1. Any taxable person wishing to apply for an exception from tax registration based on that all +of his supplies are zero -rated, shall submit an application to the Authority on the form and by +the means determined by the Authority. +2. The Authority shall scrutinize the application for exception from registration and it may +approve the exception from tax registration or notify the taxable person of rejection of his +application . +3. Any person excepted from tax registration shall notify the Authority if he makes any supplies +or imports of goods or services that are taxable at the standard rate. +4. The person shall give the notice provided for in Clause (3) of this Article within no more than +(10) working day s as of the date of making the supply or import that is taxable at the standard +rate. +5. If the person no longer meets the condition of exception from the tax registration, he shall be +obligated to register for the tax. + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (17) +Registration upon Entry into Force of the D ecree -Law +1. A person who will be taxable on the date of entry into force of the Decree -Law, shall apply for +tax registration prior to such date according to the dates as announced by the Authority. Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 21 + 2. The effective date of registration of the taxable person shall be 1 January 2018, if such person +notifies the Authority of his obligation to register for the t ax in accordance with Clause (1) of +this Article. +3. If a person registers for the t ax prior to the date of entry into force of the Decree -Law, such +person shall have the same rights and be subject to the same obligations as if he had registered +for the tax after the date of entry into force of the Decree -Law. + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (18) +Obligations before Cancellation of Tax Registration +The c ancellation of tax registration shall not exempt a person from his obligations and liabilities +stipulated in the Decree -Law that were applicable while he was still a registrant . + +Part Four +Rules on Supplies +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (19) +Due Tax at the Date of Supply +For the purposes of Articles (25), (26) and (80) of the Decree -Law, if the t ax is due because a +payment is made or a tax invoice is issued in respect of a supply of goods or services , the tax shall +be due to the extent of the payment made or stated in the tax invoice, and the remaining amount +of the d ue tax on such supply shall be payable in accordance with the provisions of the Decree - +Law. + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (20) +Place of Supply of Goods Delivered within the State Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 22 + In the event that the supply of goods requires that such goods exit and re -enter the State during +being transported from one location to another within State, the goods shall not be treated as +exported or imported if all the following conditions are met: +a. If the exit from and re -entry into the State takes place in the course of a journey between two +points with in the State. +b. If there is no significant break in the transport of goods whil e existing outside the State, and +any break is limited to what is reasonably expected in the course of normal transport of goods . +c. If the goods are not unloaded from the relevant means of transport whil e being o utside the +State. +d. If the goods are not consumed, suppli ed, or subject to any process while being outside the +State . +e. If the nature, quantity, or quality of the goods does not change as a result of exiting and re - +entering the State. + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (21) +Place of Supply of Services Related to Real Properties +1. For the purposes of the Decree -Law and this Resolution , the “real property ” shall include for +example: +a. Any piece of land upon which rights , interests or services can be created ; +b. Any building, structure or engineering work permanently attached to the land ; +c. Any fixture or equipment established as a permanent part of the land or permanently +attached to the building, structure or engineering work. +2. A supply of services shall be deeme d as related to a real property if the supply of services is +directly connected with the real property , or it is the grant of a right to use the real property . +3. A supply of services directly connected with the real property shall include the following : +a. Grant, transfer or assignment of any interest in or right over a real property ; Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 23 + b. Grant, transfer or assignment of a person al right to any interest in or right over a real +property ; +c. Grant, transfer or assignment of a license to occupy land or any other contractual right +exercisable over or in relation to a real property , including the provision and lease of +sleeping accommodation in a hotel or similar establishment ; +d. A supply of services by real estate experts or agents ; +e. A su pply of services involving the preparation, coordination and performance of +construction, destruction, maintenance, conversion and similar work. + + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (22) +Place of Supply of Certain Transport Services +1. The place of the supply of each transport service shall be the place where the supply of such +transport service commences, if the trip includes more than one stop and includes multiple +supplies in accordance with Clause (5) of article (4) of this Resolution . +2. The place of supply of transport -related services shall be the same as the pl ace of supply of +the transport service to which they relate. + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (23) +Telecommunication and E-Services +1. “Telecommunication Services” means transmitting , broadcasting, converting or receiving any +of the services listed below by using any communications equipment or devices that transmit, +broadcast, convert, or receive such service s by electrical, magnetic, electromagnetic, +electrochemical or electromechanical means any other means of communication, including: +a. Wired and wireless communications ; +b. Voice, music and other sounds; +c. Visual images; Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 24 + d. Signals used in broadcasting except for public broadcasts ; +e. Signals used for operat ing and control ling any machinery or devices ; +f. Services of an equivalent type which have a similar purpose and function. +2. “E-services” means services which are offered directly via the internet, an electronic n etwork, +or an electronic marketplace, including: +a. Supply of web domain s, web -hosting and remote maintenance of programs and +equipment; +b. Supply and updating of software; +c. Supply of images, text, and information electronically such as photos, screensavers, +electronic books and other digital documents and files; +d. Supply of music, films and games on demand; +e. Supply of online magazines; +f. Supply of advertising space on a website and any rights associated with such advertising; +g. Supply of political, cultural, arti stic, sporting, scientific, educational or entertainment +broadcasts, including broadcasts of events; +h. Live streaming via the internet; +i. Supply of distance learning services ; +j. Services of an equivalent type which have a similar purpose and function. +3. “Elect ronic Marketplace” means a distribution service to be operated by electronic means, +including by a website, internet portal, gateway, store, or distribution platform, and provided +that the following conditions are met : +a. It shall allow suppliers to supply e-services to customers. +b. The supplies made by the electronic marketplace shall be made by electronic means. + + + + Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 25 + " +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (24) +Evidence of Certain Supplies among the Applying State s +1. If a taxable person makes a supply of goods from the State to a person who has a place of +residence in another applying state , and the supply requires the goods to be actually moved +to such other applying state , the taxable person shall retain official and commercial evidence +of exportation of such goods to such other applying state . +2. The Authority may requests from a taxable pe rson who supplies goods or services to another +applying state to collect and retain any evidential information as well as what is stated in +Clause (1) of this Article, and provide the same by the means determined by the Authority. +3. The Customs Departments shall confirm the type and quantity of the exported goods with the +export ation d ocuments issued by them . + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (25) +Market Value +1. “Similar Supply”, with respect to the supply of goods or services , means any other supply of +goods or services which is similar to or substantially resembles , in respect of the +characteristics, quality, quantity, functional components, materials, and reputation, such +supply of goods or services . +2. The market value of a supply of goods or services at a given date shall be deemed the cash +consideration which the supply would generally achieve if supplied in similar circumstances +at such date in the State, being a supply freely offered and made between persons who are +not in association in any manner. +3. If the market value of a supply of goods or services at a given date cannot be determined as +stipulated in Clause (2) of this Article, the market value shall be the cash consideration which +a similar supply would achieve if supplied in similar circumstances at such date in the State, +being a supply freely offered and made between persons who are not in association in any +manner . Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 26 + 4. If it is not possible to determine the market value of a supply of goods or services as stipulated +in Clauses (2) and (3) of this A rticle, the market value shall be determined by reference to the +replacement cost of identical goods or services , provided that such supply is offered by a +supplier who is not in association with the recipient of goods or recipient of services in any +manner. + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (26) +Apportionment of Single Consideration +For the purposes of Clause (4) of article (34) and article (47) of the Decree -Law, if the +consideration payable to the taxable person relates to a supply of goods or services and matter s +other than the supply of goods or services , or to two different supplies of goods or services , the +taxable person shall specify the portion of the consideration that represents the market value of +each part of the supply in accordance with the provisions of article (25) of this Resolution . + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (27) +Tax Exclusive Price +1. The declared prices shall be inclusive of tax i n case of the taxable supply . +2. Notwithstanding the provisions of Clause (1) above, the taxable person may declare tax- +exclusive prices in the following cases: +a. Supply of goods or services for exportation ; +b. If the customer is a registrant . +3. If the declaration of prices as being exclusive of tax applies in accordance with Clause (2) of +this Article, the price shall be explicitly identified as being exclusive of tax. +4. Notwithstanding the provisions of Clause (1) above, the taxable person shall declare the price +as being exclusive of tax in the following cases: +a. Supply of relevant goods or relevant services to which the provisions of Clause (1) of +article (48) of the Decree -Law apply . Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 27 + b. Supply of taxable goods in accordance with Clause (3) of article (48) of the Decree -Law. + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (28) +Discounts , Subsidies and Vouchers +1. The State shall not be treated as providing a subsidy to the supplier if the subsidy or part +there of is a consideration for a supply of goods or services to the State. +2. The value of supply may be reduced in the case of a discount if the following conditions are +met: +a. The customer benefits from the reduction in price. +b. The supplier fund s the discount. +3. The value of a discount shall be the amount by which th e consideration is reduced. +4. The value of a discount shall not include the value of any voucher used, and any such +reduction shall be disregarded unless the voucher is provided for no consideration. +5. If the supplier issues and sells a voucher for considera tion that is less than the value stated on +the voucher, the value of discount shall be the difference between the value of the voucher +and the consideration paid for such v oucher. +6. The “Voucher” shall not include an instrument that gives the right to recei ve goods or services +or the right to receive a discount on the price of the goods or services unless the cash value +for which the voucher may be redeemed is identified when issuing the voucher . + +Part Five +Profit Margin Scheme +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (29) +Levying the Tax based on the Profit Margin +1. The taxable person may calculate and charge the tax on any taxable supplies on the basis of +the profit margin in the following cases : Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 28 + a. If the taxable person makes a supply of goods set out in Clause (2) of this Article after +having been purchased from any of the following : +1. A person who is not a registrant . +2. A taxable person who has calculated the tax on the supply on the basis of the profit +margin. +b. If the taxable person makes a supply of goods for which the i nput tax has not been +refunded in accordance with article (53) of this Resolution . +2. The goods set forth in Clause (1) of this Article mean goods that have been taxed before the +supply which shall be subject to the profit margin scheme and such goods are: +a. Used goods ; i.e. tangible moveable property suitable for further use as it is or after repair. +b. Antiques ; i.e. goods that are over 50 years old. +c. Collectors' items , including stamps, coins and paper money and other items of scientific, +historical or archaeological importance . +3. A taxable person may not calculate and charge the tax on the basis of the profit margin in +respect of goods stated in Paragraph (a) of Clause (1) of this Article if a tax invoice or other +document i s issued for such supply and the amount of the tax levied on the supply is +mentioned in the tax invoice or the document . +4. The profit margin shall be the difference between the purchase price of the goods and the +selling price there of, and shall be deemed to be inclusive of the tax. +5. Any taxable person shall keep the records mentioned below in respect of the supplies made +in accordance with this Article: +a. A stock book or similar record s showing details of each good s purchased and sold under +the profit margin scheme ; +b. Purchase invoices showing details of the goods purchased under the profit margin +scheme. If the goods are purchased from non -registrant p ersons, the taxable person shall +issue an invoice showing details of the goods himself, whi ch shall contain at least the +following information: +1. Name, address and tax registration number of the taxable person ; Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 29 + 2. Name and address of the person selling the good s; +3. Date of the purchase ; +4. Details of the goods purchased ; +5. Consideration payable in respect of the goods ; +6. Signature of the seller of the goods or his authorized signatory. +6. If a taxable person charge s a tax on a supply on the basis of the profit margin, such taxable +person shall issue a tax invoice which explicitly states that the tax is charged on the basis of +the profit margin, in addition to all other information to be mentioned in the tax invoice +except for the tax amount . + +Part Six +Zero -Rated Supplies +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (30) +Applying the Zero Rate to the Exportation of Goods +1. The direct exportation shall be subject to the zero rate if the following conditions are met: +a. The goods are physically moved to a place outside the applying state s or are put under a +customs suspension scheme in accordance with the GCC Common Customs Law , within +ninety (90) days as of the date of supply. +b. The exporter shall maintain o fficial and commercial evidence of exportation or customs +suspension. +2. The indirect exportation shall be subject to the zero rat e if the following conditions are met: +a. The goods are physically moved to a place outside the applying state s or are put under a +customs suspension scheme in accordance with the GCC Common Customs Law, within +ninety (90) days as of the date of supply in accordance with arrangement s to be agreed +upon by the supplier and the overseas customer at or before the date of supply Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 30 + b. The overseas customer shall obtain official and commercial evidence of exportation or +customs suspension in a ccordance with the GCC Common Customs Law, and provide a +copy thereof to the supplier. +c. The goods shall not be used or altered during the period between the supply and +exportation or customs suspension, except to the extent necessary to prepare the goods +for exportation or customs suspension. +d. The goods shall not leave the State in the possession of a passenger or crew member of +an aircraft or ship. +3. For the purposes of this Articl e, moving goods to a designated area from a place in the State +or a supply of goods to a designated area shall not be deemed an exportation of such goods. +4. For the purposes of Clauses (1) and (2) of this Article: +a. “Official evidence” means the e xportation documents issued by the local customs +departments in the emirate in respect of goods leaving the State. +b. “Commercial evidence” shall include any the following: +1. Air waybill (AWB); +2. Bill of lading ; +3. Consignment note ; +4. Certificate of shipment . +5. The evidence of exportation , whether official or commercial, shall identify the following: +a. The supplier ; +b. The consignor ; +c. The goods ; +d. The value ; +e. The exportation destination ; +f. The means of transport and route of the exported goods . +6. The Authority may identify other types of evidence according to the nature of the exportation +or the nature of the goods to be exported. Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 31 + 7. The Authority may extend the period of (90) days set out in Clauses (1) and (2) of this Article, +upon a written request of the suppl ier, if the Authority finds that any of the following occurs : +a. There are c ircumstances beyond the control of the supplier and the recipient of goods +which have prevent ed, or may prevent, the exportation of the goods within ninety (90) +days as of the date of supply . +b. The goods or a class of the goods cannot be exported d ue to the nature of the supply, +within ninety (90) days as of the date of supply . +8. The indirect exportation shall include a supply of goods in a departure area of an airport or +port to a passenger of an aircraft or ship if: +a. The goods leave the State in the possession of the passenger. +b. The supplier obtain s and retain s evidence , such as the details of the boarding pass of the +passenger, that the passenger intends to depart for a destinat ion outside the applying +state s. +9. If the person obligated to e xport the goods under this Article does not do so within the period +of (90) days or a longer period approved by the Authority under Clause (7) of this Article, the +tax shall be levied on the supply at the rate that would have been due on the supply if made +in the State. +10. For the purposes of this Article , any supply of goods shall be subject to the zero rate if the +goods intended for exportation are destroyed or cease to exist due to circumstances beyond +the control of both the supplier and the recipient of goods . +11. The Customs Departments shall check to confirm the type and quantity of the exported goods +with their exportation documents. + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (31) +Applying the Zero Rate to the Exportation of Services +1. The exportation of services shall be subject to the zero rate in the following cases. +a. If the following conditions are met: Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 32 + 1. The services are supplied to a recipient of services who has no place of residence in +any applying state and is outside the State when the services are performed . +2. The services are not supplied directly in connection with real propert ies situated in the +State or any improvement to such real propert ies or directly in connection with +moveable personal assets situated in the State when the services are performed. +b. If the services are actually performed outside the applying states or are the arrangement +of services that are actually performed outside the applying state s. +c. If the supply includes the provision of outbound tour packages, for the part relating to +such service. +2. For the purpose s of Paragraph (a) of Clause (1) of this Article, a per son shall be deemed as +being “outside the State” if his presence is only for a short period of less than one month and +if his presence in the State is not effectively connected with the supply. +3. Notwithstanding the provisions of Paragraph (a) of Clause (1) of this Article, a supply of +services shall not be zero -rated, if the supply is made under an agreement entered into, +whethe r directly or indirectly, with a non -resident r ecipient of services if all of the following +conditions are met: +a. The performance of services is, or it is reasonably foreseeable at the time of entering into +the agreement that the performance of services will be, received in the State by another +person, including but not limited to, an employee or a manager of the non-resident +recipient of services . +b. It is reasonably expected , at the time of entering into the agreement , that other person in +the State will receive the services in the course of making supplies for which the i nput tax +may not be refundable in full in accordance with article (54) of the Decree -Law. +4. For the purposes of Paragraph (c) of Clause (1) of this Article, service s that include the +“provision of outbound tour packages” mean the services that a taxable person provides in +packaging one or more tourism products and also services outside the applying state s, +including goods and services such as accommodation, meals, tr ansport, and other activities. + Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 33 + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (32) +Applying the Zero Rate to the Exportation of Telecommunications +Services +1. The exportation of telecommunications services shall be subject to the zero rate in the +following cases : +a. A supply of telecommunications services by a telecommunications supplier who has a +place of residence in the State to a telecommunications supplier who has place of +residence outside the applying state s. +b. A supply of telecommunications services initiated outside the applying states by a +telecommunications supplier who has a place of residence in the State to a person who is +not a telecommunications supplier and has a place of residence outside the State. +2. For the purposes of Paragraph (b) of Clause (1) of this Article, the place wher e a supply is +initiated shall be identified according to the following: +a. The place of the person who initiates the supply. +b. If Paragraph (a) of this Clause does not apply, the person who pays for the services . +c. If Paragraphs (a) and (b) of this Clause do not apply, the person who contracts for the +purposes of the supply . +3. For the purposes of this Article, the “telecommunications supplier” means a person whose +main activity is the supply of telecommunications services. + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (33) +Applying the Zero Rate to International Transport Services for Passengers and +Goods +1. The supply of international transport services for passengers and goods and transport -related +services shall be subject to the zero rate in the following cases: Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 34 + a. Services of t ransporting passengers or goods from a place in the State to a place outside +the State . +b. Services of transporting passengers or goods from a place outside the State to a place in +the State . +c. Services of transporting passengers from a place in the State to another place in the State +by sea , air or land as part of a supply of an international transport of such passengers if +the first place of departure and/ or the final destination is outside the State. +d. Services of transporting goods from a place in the State to another place in the State if the +services are supplied as part, or for the purpose, of the supply of services of transporting +goods either from a p lace in the State to a place outside the State or from a place outside +the State to a place in the State. +2. The following goods and services shall be zero -rated if they are supplied in respect of the +transport services for passengers or goods in accordance with the provisions of Clause (1) of +this Article or treated as taking place outside the State: +a. Goods which are supplied for use , consumption or sale by or on an aircraft or ship . +b. Services provided during the supply of transport services . +c. Service s of insurance , arranging the insurance, or arranging the transport of passengers or +goods . +3. A supply of postage stamp s issued by the Emirates Post Group shall be zero -rated where the +postage stamp may only be used or redeemed for transportation of goods to a p lace outside +the State. + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (34) +Applying the Zero Rate to Certain Means of Transport +The supply of means of transport shall be subject to the zero rate in the following cases: +1. A supply of an aircraft which is designed or adapted to be used for commercial transport of +passengers or goods and not designed or adapted for recreation, pleasure or sports ; Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 35 + 2. A supply of a ship, boat or floating structure which is designed or adapted for use for +commercial purposes an d not designed or adapted for recreation, pleasure or sports. +3. A supply of bus or train which is designed or adapted to be used for public transport of (10) +or more passengers. + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (35) +Applying the Zero Rate to Goods and Services Related to the Supp ly of Means +of Transport +1. Goods and services related to the supply of means of transport set forth in article (34) of this +Resolution shall be subject to the zero rate if they are any of the following: +a. Goods, except for fuel or other oil or gas products, that are supplied in the course of +operating, repairing, maintaining or converting means of transport in any of the following +cases: +1. The goods are incorporated into, affixed to, attached to or form part of such means of +transport. +2. The goods are used directly as consumable goods in the operation, repair, +maintenance, or conversion process and become unusable or worthless as a result of +such use . +b. Services which are supplied directly in connection with means of transport referred to in +article (34) of this Resolution for the purposes of operating, repairing, maintaining, or +converting such means of transport. +c. Services which are supplied directly in connection with parts and equipment of means of +transport referred to in article (34) of this Resolution for the purpose of repairing and +maintaining such parts and equipment, provided that any of the following conditions is +met : +1. The services are performed on board the means of transport. Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 36 + 2. The part or equipment is removed for repair or maintenance and is subsequently +reinstalled in the same means of transport. +3. The part is removed for repair or maintenance and is subsequently held in s tock for +the future use as a spare part in the same means of transport or another means of +transport. +4. The part cannot be repaired and is replaced by a similar part. + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (36) +Applying the Zero Rate to Precious Metals +1. The supply or import ation of investment precious metals shall be subject to the zero rate . +2. The “i nvestment precious metals” mean gold, silver and platinum that meet the following +standards: +a. The metal is of a purity of 99 percent or more. +b. The metal is in a form tradable in globa l bullion markets. + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (37) +Residential Buildings +1. The “residential building s” mean building s intended and designed for human occupation, +including: +a. Any building or part there of occupied by a person or expected to be occupied by a person +as his princ ipal place of residence ; +b. Residential accommodation for students or school pupils ; +c. Residential accommodation for armed forces and security forces; +d. Orphanages, nursing homes, and rest homes. +2. The “residential building” does not include any of the following: +a. Any place that is not a building fixed to the ground and can be moved without being +damaged ; Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 37 + b. Any building that is used as a hotel, hostel , bed and breakfast establishment, hospital or +the like ; +c. A hotel apartment which offers services in addition to the accommodation ; +d. Any building constructed or converted without a legal license . +3. Any building may be deemed as a residential building if a s mall part there of is used as an office +or workspace by the occupants, if it includes garages and gardens used in conjunction with it, +or if it includes any other features that may be said to comprise part of the residential building. + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (38) +Applyin g the Zero Rate to Buildings Specifically Designed to be Used by +Charities +1. The first sale or lease of a building, or any part thereof , shall be zero -rated if the building is +specifically designed to be used by a charity and solely for a relevant charitable activity. +2. For the purposes of Clause (1) of this Article, “relevant charitable activity” means an activity +not intended to make a profit or interest to any proprietor, member, or shareholder of the +charity, and one which is carried out by the charity in the course or furtherance of its +charitable purpose or objectives to carry out a charitable activity in the State as approved by +the Ministry of Community Development, or in accordance with the conditions of its +establishment as a charity under federal or local decree, or as otherwise licensed to operate +as a charity by an agency authorized to grant such licenses by the federal or emirate +governments. Such charitable purposes and objectives include, for example , ad vancing +health, education, public welfare, religion, culture, science and similar activities. + + + + + Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 38 + " +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (39) +Applying the Zero Rate to Converted Residential Building s +1. The first supply of a building, or any part there of, which is converted to a residential building +shall be zero -rate d, provided that the supply takes place within three ( 3) years as of the +completion of the conversion and the original building, or any part there of, has not been used +as a residential building and not comprise d part of a residential building within (5) five years +prior to the commencement of the conversion work. +2. The presence of shared or common facilities, or dividing walls or similar features in a +residential building shall not be sufficient grounds to consider the residential building or any +part there of as part of a n existing residential building. + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (40) +Applying the Zero Rate to Education al Services +1. The supply of educational services shall be subject to the zero rate if the following conditions +are met: +a. The supply of educational services is provided in accordance with the curriculum +recognized by the federal or local competent government agency regul ating the education +sector where the course is delivered. +b. The supplier of educational services is an educational institution recognized by the federal +or local competent government agency regulating the education sector where the course +is delivered. +c. If the supplier of educational services is a higher education institution, the institution shall +be either owned by the federal or local government or receive more than 50 % of its annual +fund ing directly from the federal or local government. +2. The supply of goods or services made by educational institutions referred to in Clause (1) of +this Article shall be zero -rated if the supply is directly related to the provision of a zero -rated +educationa l service. Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 39 + 3. Printed and digital reading material provided by educational institutions referred to in Clause +(1) of this Article and related to the academic curriculum shall be zero -rated. +4. Notwithstanding the provisions of Clause (2) of this Article, the following supplies shall not +be zero -rated: +a. Goods and services supplied by the educational institution referred to in Clause (1) or +made available to persons who are not enrolled in such educational institution. +b. Any goods other than educational materials provided by the educational institution +referred to in Clause (1) which are consumed or transformed by the students benefiting +from the educational service for the purposes of education. +c. Uniforms or any other clothing whi ch are required to be worn by the educational +institution referred to in Clause (1), whether or not supplied by the educational institution +as part of the supply of educational services. +d. Electronic devices related to the educational services, whether or n ot supplied by the +educational institution referred to in Clause (1) as part of the supply of educational +services. +e. Food and beverages supplied at the educational institution referred to in Clause (1), +including any supplies from vending machines or vouch ers in respect of food and +beverages. +f. Field trips, unless they are directly related to the curriculum of an education service and +are not predominantly recreational. +g. Extracurricular activities provided by or through the educational institution referred t o in +Clause (1) against fees additional to the fee s of the education service. +h. Membership of a student organization . + + + + Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 40 + " +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (41) +Applying the Zero Rate to Healthcare Services +1. The “healthcare services” mean any service supplied and generally recognized in the medical +profession as being necessary for treat ing the recipient of the supply , including the preventive +treatment. +2. Any supply of healthcare services shall be zero -rated , provided that : +a. It is made by a healthcare entity or institution, doctor, nurse, t echnician, dentist, or +pharmacy licensed by the Ministry of Health or by any other competent authority. +b. It is r elate d to the human health . +3. ""Healthcare services"" do not include any of the following: +a. Any part of a supply in relation to staying in or attending an establishment whose main +purpose is to provide holiday accommodation or entertainment so that any healthcare +service is incidental to the provision of the accommodation or entertainment. +b. Elective treatment for cosmetic reasons unless prescribed by a doctor or medical specialist +for treating or prevent ing a medical condition. +4. The supply of goods shall be zero -rated if it is a supply of any of the following : +a. Any drugs specified in a resolution issued by the Cabinet ; +b. Any medical equipment specified in a resolution issued by the C abinet ; +c. Any other goods not covered by Paragraphs (a) and (b) of this Clause , which are supplied +in the course of supplying zero -rated healthcare services that are necessary for the supply +of such healthcare services. + + + + + + Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 41 + Part Seven +Exempted Supplies +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (42) +Tax Treatment of Financial Services +1. For the purposes of this Article: +a. The “debt security” means any interest in or right to receive money owed, or to be owed +from any person, or any option to acquire any such interest or right . +b. The “ equity security” means any interest in or right to a share in the capital of a legal +person, or any option to acquire any such interest or right; +c. The “ life insurance contract” means a contract legally entered into to the extent that it +places sums at risk upon the contingency of the termination or continuance of human life, +marriage, similar relationships permitted under the applicable law, or the birth of a child. +d. The “ Islamic financial arrangement” means a written contract relat ing to a supply of +financ ing in accordance with the principles of Shariah. +2. Financial services are services associated with cash dealings or equivalent and the provision +of credit and include, for example, the following : +a. Exchange of currency, whether by the exchange of bank notes or coin, by crediting or +debiting accounts, or otherwise ; +b. Issue, payment, collection, or transfer of ownership of a check or letter of credit ; +c. Issue , allotment, drawing, acceptance, endorsement, or transfer of ownership of a debt +security ; +d. Provision of any loan, advance or credit ; +e. Renewal or variation of a debt security, equity security, or credit contract ; +f. Provision , taking, variation, or release of a guarantee, indemnity, security, or bond in +respect of the performance of obligations under a check , credit, equity security, debt +security, or in respect of the activities set forth in Paragraphs (b) to (e) of this Article ; +g. Operation of any current, deposit or savings account ; Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 42 + h. Provision or transfer of ownership of Sukuk such as derivatives, options, swaps, credit +default swaps, and futures ; +i. Payment or collection of any amount of interest, capital or dividend, or any other amount +in respect of any de bt security, equity security, credit, or life insurance contract; +j. Agreement or arrangement to carry out any of the activities set out in Paragraphs (a) to (i) +of this Clause, except for providing consultation in respect thereof . +3. The following financial s ervices shall be exempted from the tax : +a. The a ctivities set forth in Clause (2) of this Article , which are not carried out against an +explicit fee, discount, commission, or the like; +b. Issue , allotment, or transfer of ownership of an equity security or debt security; +c. Provision or transfer of ownership of a life insurance contract or provision of re -insurance +for such contract. +4. The supply of services set forth in Clause (2) of this Article shall be subject to the tax if the due +consideration thereof is an explicit fee, commission, discount, or the like . +5. Islamic financial products , being financial products under contract s complying with the +Islamic Shariah, which simulate the intention and ac hieve the same result as a non -Shariah +compliant financial product, shall be treated in a similar manner as the equivalent non - +Shariah financial product for the purpose of applying the exemption from the t ax. +6. Any supply made under an Islamic financial arr angement shall be treated in a similar manner +as the equivalent non -Shariah financial services in accordance with the provisions of the +Decree -Law and the decisions issued by the Authority, so that the tax treatment shall be the +same in the two cases . +7. If article (31) of this Resolution applies to a supply of financial services, such supply shall be +zero -rated. + + + Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 43 + " +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (43) +Exemption of Residential Buildings +1. The supply of residential buildings shall be exempt ed, except for zero -rated supplies , if the +term of the lease contract is more than (6) six months or the lessee of the property holds an +ID card issued by the Federal Authority for Identity and Citizenship. +2. The term of the lease contract referred to in Clause (1) of this Article shall be dete rmined with +reference to the contractual period and shall not take into account any period arising from a +right or option to extend the term of the lease contract or renew the contract . +3. For the purposes of Clause (1) of this Article, a ny right of any party to terminate the lease +contract early shall be disregarded . + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (44) +Exemption of Vacant Land s +The “ vacant land” means the land on which no completed or partially completed buildings or civil +engineering works are established . + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (45) +Exemption of Domestic Passenger Transport Services +1. The supply of domestic passenger transport services by a qualifying means of transport by +land, water, or air from a place in the State to another place in the State shall be exempt ed. +2. The “qualifying means of transport” means: +a. Any motor vehicle, including a tax i, bus, train, tram, monorail train or similar means of +transport designed or adapted for transport of passenger s. +b. Any passenger boat, ferry or other similar vessel designed or adapted for transport of +passengers . +c. Any helicopter or airplane designed or adapted for transport of passengers in accordance +with Federal Law No. (20) of 1991 on Civil Aviation. Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 44 + 3. Notwithstanding the provisions of Clause (1) of this Article, the passenger transport services +from a place in the S tate to another place in the State shall not be considered domestic +passenger transport service s if the transport is carried out by an aircraft and shall be deemed +as “international carriage” as defined in the Warsaw International Convention for the +Unific ation of Certain Rules Relating to International Carriage by Air 1929. +4. Notwithstanding the provisions of Clause (1) of this Article, the transport of passengers shall +not be deemed as domestic passenger transport services if it is undertaken in the contex t of a +pleasure trip whose main objective is sightseeing, or enjoyment of catering services, or other +forms of pleasure or entertainment. + +Part Eight +Calculating the Tax on Certain Supplies +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (46) +Imposing Tax on Supplies Composed of More than One Component +For the purposes of the supply composed of more than one component : +1. If the supply is a single composite supply as set forth in article (4) of this Resolution , the +supply shall be subject to the same tax treatment of the principal component of the supply. +2. If the supply composed of multiple components is not a single composite supply, the supply +of each component shall be treated as a separate supply. + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (47) +General Provisions Relating to the Importation of Goods +1. Without prejudice to the provisions of the Decree -Law and this Resolution , goods shall not +be treated as imported into the State according to the following: +a. If they are under a customs suspension scheme in accordance with the GCC Common +Customs Law, and provided that a financial guarantee or a cash deposit equal to the value +of the due tax is provided if requested by the Authority, in the following cases: Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 45 + 1. Temporary admission . +2. Goods plac ed in a customs warehouse . +3. Goods in transit . +4. Imported goods to be re -exported by the same person . +b. Imported goods into a designated area from a place outside the State. +2. The t ax shall not be due on any import ation of goods if exempted from customs duties as per +the following categories in accordance with the GCC Common Customs Law: +a. Goods imported by the armed forces and internal security forces ; +b. Personal effects and gifts in the possession of travelers ; +c. Importation of u sed personal effect s and household items brought by nationals residing +abroad or foreigners coming to reside in the State for the first time ; +d. Returned goods. +3. If a person import s goods to the State through another applying state , the tax shall not be due +on such import, if the Authority establishes that the t ax is due on the supply or transport of +goods in such other applying state . +4. The Authority may determine the procedures to be followed by importers and Customs +Departments in respect of the import ation of goods . + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (48) +Calculating the Tax Under the Reverse Charge Mechanism on Import ation of +Relevant Goods or Relevant Services +1. For the purposes of import ing r elevant goods, the provisions of Clause (1) of article (48) of +the Decree -Law shall apply if the following conditions are met: +a. At the time of import ation , the taxable person can prove his tax registration . +b. The taxable person has sufficient details for the Authority to verify the import ation and +the tax to be due there on and is able to provide the same to the Authority upon request . Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 46 + c. The taxable person provide s the Authority with its own customs registration number +issued by the competent Customs Department, and such Customs Depar tment verif ies +the import ation in accordance with the rules laid down by the Authority. +d. The taxable person cooperate s with, and complie s with any rules imposed by , the +Authority in respect of the import ation . +2. If the conditions stipulated in Clause (1) of this Article are not met, the taxable person shall +calculate the t ax in respect of the importation in accordance with Clause (1) of article (50) of +this Resolutio n. +3. If the taxable person who has a place of residence in the State receives a supply of goods or +services , and the place of supply is in the State, from a supplier who has no place of residence +in the State and does not charge a tax on the supply, the supply shall be treated as being of +relevant goods or relevant services subject to Clause (1) of article (48) of the Decree -Law. +4. If Clause (1) of article (48) of the Decree -Law applies, the taxabl e person shall : +a. charge the t ax on the value of the relevant goods or relevant services at the rate which +would be applicable if the supply of the relevant goods or relevant services is made by a +taxable person within the State. +b. declare and pay the due tax in the tax return which relates to the tax period in which the +date of supply for the relevant goods or relevant services takes place . +5. If the taxable person calculates the d ue tax in accordance Clause (1) of article (48) of the +Decree -Law, such taxable person shall keep the following documents relating to the supply: +a. The supplier’s invoice containing the details and consideration paid for the relevant goods +or relevant services . +b. In case of relevant goods, a statement issued by the relevant Customs Department +showing the details and value of the relevant goods. + + + Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 47 + " +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (49) +Payments for Goods Transferred to Another Applying State s +1. For the purposes of Clause (2) of article (48) of the Decree -Law, the taxable person shall pay +the due tax by using the payment method identified by the Authority. +2. The payment referred to in Clause (1) of this Article shall be made before or at the time of the +importation of the goods as determined by the Authority , unless expressly approved by the +Authority to defer the payment of the due tax . + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (50) +Import ation by Unregistered Persons +1. If relevant goods are imported by a person not registered for the t ax or if the taxable person +does not meet the conditions stipulated in Clause (1) of article (48) of this Resolution , the t ax +shall be paid to the Authority by or on behalf of the person before the goods may be released. +2. The Customs Departments shall cooperate with the Authority to ensure that the payable tax +on import ation has been settled before releasing the goods . +3. The t ax referred to in Clause (1) of this Article shall be settled using the payment method +determined by the Authority. +4. For the purposes of Clause (1) of this Article, if a person who is not registered for the t ax +imports goods hires an agent who acts on behalf of the person for the purposes of importing +the goods into the State and who is registered for the t ax in the Stat e, the agent shall be +responsible for the payment of the tax in respect of the importation of goods . +5. The obligation on the agent under Clause (4) of this Article to pay the t ax on behalf of another +person shall be met as part of the agent ’s tax return and pay the t ax as though he imported +the goods himself. +6. An agent who has paid tax in accordance with Clause (4) of this Article shall not recover as +input tax any tax paid on behalf of another person in accordance with obligations set out in +this Article. Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 48 + 7. If an agent pays the tax on behalf of another person is accordance with this Article, it shall +issue a statement to that other person which contains, at the minimum, all of the following +details: +a. The name, address, and tax registration number of the agent. +b. The date upon which the statement is issued. +c. The date of import ation of the relevant goods. +d. A description of the imported goods. +e. The amount of tax paid by the agent to the Authority in respect of the imported goods. +8. The statement issued by the agent to a person in accordance with this Article shall be treated +as a tax invoice for the purposes of the documentation requirements in Paragraph (a) of +Clause (1) of article (55) of the Decree -Law. + +Part Nine +Designated Area s +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (51) +Designated Areas +1. Any designated area specified by a resolution of the Cabinet shall be treated as being outside +the State and outside the applying states, subject to the following conditions : +a. The designated area is a specific fenced geographic area and has security measures and +customs controls in place to monitor entry and exit of individuals and movement of goods +to and from the area. +b. The designated area shall have internal procedures regarding the method of keeping, +storing, and processing of goods therein. +c. The operator of th e designated area complies with the procedures set by the Authority. +If the designated area changes the manner of operating or no longer meets any of the +conditions imposed on it that led to it being specified as a designated area under the +Cabinet Resolu tion , it shall be treated as if being inside the State. Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 49 + 2. The transfer of goods between designated areas shall not be subject to the t ax if the following +two conditions are met: +a. If the goods , or part thereof, are not released, and are not in any way used or altered during +the transfer between the designated areas. +b. If the transfer is undertaken in accordance with the rules for customs suspension in +accordance with the GCC Common Customs Law. +3. If goods are moved between designated areas, the Authority may require the owner of the +goods to provide a financial guarantee for the payment of tax , which such person may +become liable for if the conditions for movement of goods are not met. +4. If a suppl y of goods is made within a designated area to a person to be used by him or a third +person, then the place of supply shall be the State unless the goods are to be incorporated +into, attached to, or otherwise form part of or are used in the production or sale of another +good s located in the same designated area which itself is not consumed. +5. If a supply of goods is made within a designated area to a person to be used by him or by a +third person, th en the place of supply shall be the State, except for any of the following +situations: +a. The goods are to be incorporated into, attached to or otherwise form part of or are +used in the production or sale of another goods located in the same designated area +which itself is not consumed. +b. The goods have been delivered to a place outside the State with the supplier keeping +a commercial or official record proving it and a customs record proving that the goods +were evacuated from the designated area. +c. The goods have been evacuated from the designated area to a place inside the State +with the supplier keeping an official record proving that the value added tax has been +applied to this import. +6. The place of supply of water or any form of energy shall be considered to be inside the State +if the place of supply is in a designated area. Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 50 + 7. In exception to the provisions of clause (6) of this article, the place of supply shall be +considered outside the state if the suppled freight or delivery services were directly related to +goods whose place of supply is outside the State in accordance with paragraphs (b) and (c) of +clause (5) of this article, and the following conditions have been collectively met : +a. The freight or delivery services are supplied by the same supplier of goods . +b. The supplier of goods shall be a non -resident and not registered for tax . +c. The goods shall be sold through an electronic sales platform; and by ""electronic sales +platform"" it is means any type of electronic platform for online sales, including electronic +websites and applications, and that gathers people from sellers and buyers, and which +enables the selling and buying of goods with or without freight or delivery services. +d. The person owning the electronic sales platform shall not be the supplier of goods. +8. The place of supply of water or any type of energy shall be considered inside the State if the +place of supply was located in the designate area . +9. The goods present inside the designated area, for which its owner has not settled its tax, shall +be treated a s if it was imported into the State if: +a. The goods were consumed by the owner, unless the goods are incorporated into, attached +to or otherwise form part of or are used in the production of other goods located in a +designated area which are not consumed. +b. The goods are unaccounted for. +10. Any person established, registered or which has a place of residence in a designated area shall +be d eemed to have a place of residence in the State for the purposes of the Decree -Law. + + + + + + Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 51 + Part Ten +Calculation of the Due Tax +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (52) +Input Tax Refund in Respect of Exempt ed Supplies +1. Supplies referred to in paragraph (c) of Clause (1) of article (54) of the Decree -Law are the +supplies of financial Services, where the place of supply of these Services is treated as outside +the State and the recipient of services is outside the State at the time when the services are +performed. +2. For the purpose of Clause (1) of this Article a person is “outside the State” even if they are +present in the State, provided it is only a short -term presence in the State of less than a month, +or that his presenc e is not effectively connected with the supply. +3. Any tax paid by a person in another applying state on the importation of goods to the State +through that applying state or on the supply of goods to this person in such applying state +where the goods are then transferred to the State, is refundable in the State if the relevant +Goods will be used or are intended to be used in accordance with Clause (1) of Article 54 of +the Decree -Law and the following conditions are satisfied: +a. The tax able person keeps evidence that he has paid the t ax in another applying state in +respect of the relevant goods. +b. The tax able person has not recovered the tax paid in any other applying state . +c. The tax able person has complied with any additional reporting requirement that t he +Authority may specify. +4. If the first supply of a residential building by a taxable person is by way of lease which is zero - +rated in accordance with provisions of the Decree -Law, the tax able person may recover Input +Tax in full in respect of that supply regardless of any future intention to make later exempt +supplies in respect of that resident ial building. + + Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 52 + " +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (53) +Non -Refundable Input Tax +1. The i nput tax shall be non -refundable if incurred by a person in respect of the following +taxable supplies: +a. If the person is not a government agency as specified in a Cabinet Resolution in +accordance with article (10) and (57) of the Decree -Law, and there is provision of +entertainment services to anyone not employed by the person , including customers, +potential customers, officials, or shareholder or other owners or investors. +b. If a motor vehicle is purchased, rented, or leased for use in the business and is available +for personal use by any person. +c. If goods or services are purchased to be used by employees for no charge to them and for +their personal benefit including the provision of entertainment services, except in the +following cases: +1. If it is a legal obligation to provide such services or goods to such employees under +any applicable labor law in the State or designated area. +2. It is a contractual obligation or documented policy to provide such services or goods +to such employees in order that they may perform their role and it can be proven to +be normal business practice in the course of employing those people . +3. If the provision of goods or services is a deemed supply under the provisions of the +Decree -Law. +2. For the purposes of this Article: +a. The “entertainment services” mean hospitality of any kind, including the provision of +accommodation, food and drinks which are not provided i n a normal course of a meeting, +access to shows or events, or trips provided for the purposes of pleasure or entertainment. +b. The “motor vehicle” mean s a road vehicle which is designed or adapted for the +conveyance of no more than 10 people including the dr iver. A motor vehicle shall exclude +a truck, forklift, hoist, or other similar vehicle. Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 53 + 3. Provision of catering and accommodation services shall not be treated as entertainment +services where it is provided by a transportation service operator, such as an a irline, to +passengers who have been delayed. +4. A motor vehicle shall not be treated as being available for private use if it is within any of the +following categories: +a. a tax i licensed by the competent authority within the State . +b. a motor vehicle registered as, and used for purposes of an emergency vehicle, including +by police, fire, ambulance, or similar emergency service . +c. a vehicle which is used in a vehicle rental business where it is rented to a customer. + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (54) +Special Cases of Input tax +1. The amount of refundable tax that can be reclaimed by a taxable person in the tax period in +relation to the supply of goods or services made to him, is the amount of Input Tax that relates +to the portion of consideration in respect of the supply that has b een paid during such tax +period . +2. For the purposes of paragraph (b) of Clause (1) of article (55) of the Decree -Law, a taxable +person shall be treated as having made a payment of consideration for a supply to the extent +that the tax able person intends to m ake the payment before the expiration of six months after +the agreed date for the payment for the supply. + + + + + + + Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 54 + Part Eleven +Apportionment of Input Tax +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (55) +Apportionment of Input Tax +1. If there are quarterly tax period s, the tax year shall be as follows: +a. If a taxable person ’s tax period ends on 31 January and quarterly thereafter, the tax able +person ’s tax year shall end on 31 January of every year. +b. If a taxable person ’s tax period ends on last day of February and quarterly ther eafter, the +taxable person ’s tax year shall end on the last day of February of every year. +c. If a taxable person ’s tax period ends on 31 March and quarterly thereafter, the tax able +person ’s tax year shall end on 31 March of every year. +2. If the tax period is 12 months, the tax year shall be the same as the tax period . +3. If the tax period is 1 month, the tax year shall be the total tax period s in the year ending on +last day of the calendar year. +4. In any other case where Clauses (2) and (3) do not apply, the Authority shall specify the tax +year. +5. To determine the input tax that could be refundable , the tax able person shall apportion the +input tax as follows: +a. The input tax on supplies that wholly rel ate to supplies as specified in Clause (1) of Article +(54) of the Decree -Law made by the tax able person shall be refundable in full. +b. The input tax that does not relate to supplies as specified in Clause (1) of article (54) of +the Decree -Law made by the taxable person shall not be refundable unless provisions +allow otherwise. +c. The input tax that partly relates to supplies as specified in Clause (1) of article (54) of the +Decree -Law and partly not, shall be apportioned in accordance with Clause (6) of this +Article and only that part that relates to supplies as specified in Clause (1) of article (54) +of the Decree -Law shall be refundable . Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 55 + 6. The input tax that could be refundable shall be calculated as follows: +a. The tax able person shall calculate the percentag e of refundable tax calculated by +reference to article (54) of the Decree -Law to the sum of refundable tax and non - +refundable tax for the tax period . +b. The percentage calculated under paragraph (a) of this Clause shall be rounded to the +nearest whole number . +c. The percentage calculated under paragraph (b) of this Clause shall be multiplied by the +amount of the i nput tax referred to in Paragraph (c) of Clause (5) of this Article to establish +the refundable portion of such input tax. +7. The calculations referred to above shall be undertaken in respect of each tax period where +input tax incurred relates to making exempt ed supplies or to activities that are not in the +course of the b usiness. +8. At the end of each tax year the tax able person shall undertake the calculation mentioned in +Clause (6) of this Article, but in respect of the entire tax year just ended in the first tax period +of its subsequent tax year. +9. The input tax properly refundable for the tax year just ended as described in Cl ause (8) of this +Article shall be compared to the input tax amount actually recovered in all the tax period s +making up the tax year, and an adjustment to the refundable tax shall be made in the tax +period mentioned in Clause (8). +10. If the difference in any tax year between the refundable tax as calculated under this Article +and the refundable tax which would arise if a calculation is made which reflects the actual use +of the goods and services to which the input tax relates, exceeds AED 250,000 (two hundred +fifty thousand dirhams), the tax able person shall, in the tax period referred to in Clause (8) of +this Article, make an adjustment to the input tax in respect of the difference. +11. If the application of the calculations mentioned in this Article give s a result which the tax able +person considers would not reflect the actual extent to which the input tax relates to making +taxable supplies, he may apply to the Authority to authorize the u se of an alternative basis of +calculation based on the list of accepted mechanisms issued by the Authority. Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 56 + 12. The Authority may accept that the tax able person may use an alternative mechanism of +apportionment of input tax than that referred to in this Artic le from such future date and as +per any further conditions as determined by the Authority. +13. The tax able person may only apply to change the alternative mechanism with effect from at +least two tax years after he was first approved to use it. +14. The Authority may request such information from the tax able person as it believes is +necessary to make a decision regarding application made under Clause (11) of this Article. +15. If the Authority accepts the application made under Clause (11) of this Article, it shall iss ue a +notification to the tax able person setting out the alternative calculation method and +conditions for using of such method. + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (56) +Adjustment of Input Tax Post -Refund +1. If the i nput tax is refunded because it is attributed to supplies as specified in Clause (1) of +article (54) of the Decree -Law but, before the consumption of the goods or services upon +which that input tax is incurred the input tax becomes not so attributable, then the tax able +person shall be requ ired to repay such input tax. +2. If the i nput tax is not refunded because it is not attributed to supplies specified in Clause (1) +of article (54) of the Decree -Law but, before the consumption of the goods or services upon +which such input tax is incurred, the input tax bec omes attributable to supplies as specified +in Clause (1) of A rticle (54) of the Decree -Law, then the tax able person shall be able to recover +the i nput tax attributable to the use of the goods or services for making such supplies. +3. If the i nput tax is treated as subject to apportionment to calculate the input tax tha t could be +refunded , but before the consumption of the goods or services upon which such input tax is +incurred, the use of such input tax changes, then it shall be adjusted as follows: +a. If it becomes attributable to supplies as specified in Clause (1) of article (54) of the Decree - +Law , then the tax able person shall be able to recover the i nput tax not previously Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 57 + recovered to the extent that it is attributable to the use of the goods or services for making +such supplies. +b. If it ceases to be attributable to any supplies specified in Clause (1) of article (54) of the +Decree -Law, then the tax able person shall be required to repay such input tax. +4. The adjustments for change in use of goods or services under this Article shall be made only +if all of the following conditions are met: +a. The change in use occurred within five years of the date of supply of the relevant goods +and services . +b. The tax able person is not required to adjust the same input tax under mechanisms +provided in Articles (55) and (57) of this Resolu tion in which case those mechanisms will +apply. + +Part Twelve +Capital Asset Scheme +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (57) +Assets Considered Capital Assets +1. A Capital Asset is a single item of expenditure of the business amounting to AED 5,000,000 +or more excluding the t ax, on which tax is payable and which has estimated useful life equal +or longer than: +a. 10 years in case of a building or a part thereof. +b. 5 years for all Capital Assets other than buildings or parts thereof. +2. Items of stock, which are for resale, shall not be treated as capital assets. +3. Expenditure consisting of smaller sums which collectively amount to AED 5,000,000 or more +shall be treated as a single item of expenditure of AED 5,000,000 or more fo r the purposes of +this Article where the sums are staged payments for any of the following: +a. For the purchase of a building. +b. For the construction of a building. Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 58 + c. In relation to an extension, refurbishment, renewal, fitting out, or other work undertaken +to a building, except that where there is a distinct break between any such works being +undertaken they shall be taken to be separate items of expenditure. +d. For the purchase, construction, assembly or installation of any goods or immovable +property where components are supplied separately for assembly. + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (58) +Adjustments Under the Capital Assets Scheme +1. A capital asset eligible for the Capital Asset Scheme shall be monitored and the input tax +incurred shall be adjusted, as required in accordance with the provisions of this Article, over +a period of either (10) ten consecutive years for buildings or parts thereof or (5) five +consecutive years for other capital assets, commencing on the day on which the owner first +uses the capital asset for the purposes of its business. +2. Notwithstanding the provisions of Clause (1) of this Article, if a capital asset is destroyed, sold, +or otherwise disposed of before the end of the period referred to in Clause (1) of this Article, +the Capi tal Asset Scheme shall cease in respect of the asset in the tax year in which the asset +was destroyed, sold, or disposed of. +3. The tax year in which the capital asset is acquired shall be treated as Year 1 for the purposes +of the Capital Asset Scheme. +4. A taxable person shall keep a capital asset register and record therein the input tax incurred +on the capital asset in Year 1 (represented by “W” in this Article) as well as details of any +adjustments made to the input tax calculations under this Article. +5. The refundable input tax on the capital asset in Year 1 after any adjustment that may be due +under article (58) of the Decree -Law shall be recorded together with th e percentage that gave +rise to that refund (referred to as “X” in this Article). Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 59 + 6. At the end of each year from Year 2 onwards, the tax able person shall calculate the percentage +of Refundable Tax for that Capital Asset for that year in accordance with Artic le (58) of the +Decree -Law (referred to as “Q” in this Article). +7. If Q is not equal to X, the tax able person shall perform the calculation described in Clauses (8) +to (11) of this Article and shall make an adjustment to his Input Tax. +8. The tax able person shall calculate an amount (referred to as “R” in this Article) as: +a. One tenth of W multiplied by Q if the capital asset is a building or a part thereof; or +b. One fifth of W multiplied by Q if the capital asset is not a buildings or a part thereof. +9. The tax able person shall calculate an amount (referred to as “Z” in this Article) as: +a. One tenth of W multiplied by X if the capital asset is a building or a part thereof. +b. One fifth of W multiplied by X if the capital asset is not a buildings or a part thereof. +10. If R is more than Z, the tax able person shall increase his input tax by the difference. +11. If R is less than Z, the tax able person shall reduce his input tax by the di fference. +12. If the capital asset is disposed of by the tax able person in any year other than the final year or +the tax able person deregisters from tax and is required to account for tax on the asset as a +deemed supply, the use to which the capital asset is deemed to have been put in any +remaining years will be: +a. For making taxable supplies, where it is disposed of by way of a supply or deemed supply +that is subject to the t ax or would be subject to the t ax were it to be made in the State. +b. For making exempt ed supplies, where it is disposed of by way of a supply that is exempt +or would be exempt were it to be made in the State. +c. Not in the course of conducting business, where is it disposed of by way of a transaction +that is not deemed as supply in the course of business, unless it is deemed as a supply +according to the meaning provided in Clause (2) of article (7) of the Decree -Law. +13. If a taxable person transfer s his capital assets as part of a transfer of his Business or a part +thereof according to Clause (2) of article (7) of the Decree -Law, or to become a member of a +tax group , or to leave a tax group and immediately become a taxable person on a stand -alone +basis, then the tax year then applying shall end on the day the tax able person transfers the Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 60 + business or part of the Business, or becomes or ceases to be part of a tax group . On the next +day, the next tax year shall commence with the owner of the capital assets. +14. If a person who registers for tax has already owned a capital asset for the purpose of his +business before registration for tax, Year 1 shall be deemed to have commenced on the date +of first use by such person. +15. For the purposes of Clauses (12) and (13) of this Article, any adjustments that may be required +in respect of any such remaining years shall be included in the tax return relating to the tax +period in which the capital asset is disposed of. +16. Any adjustment s other than required under Clauses (12) and (13) of this Article shall be made +in the tax period mentioned in Clause (8) of article (55) of this Resolution . + +Part Thirteen +Tax Invoices and Tax Credit Notes +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (59) +Tax Invoices +1. A tax invoice shall contain all of the following particulars: +a. The phrase “Tax Invoice” clearly displayed on the invoice. +b. The name, address, and tax registration number of the registrant making the supply. +c. The name, address, and tax registration number of the recipie nt where he is a registrant . +d. A sequential tax invoice number or a unique number which enables identification of the +tax invoice and the order of the tax invoice in any sequence of invoices. +e. The date of issuing the tax invoice . +f. The date of supply if diff erent from the date the tax invoice was issued. +g. A description of the goods or services supplied. +h. For each good s or service, the unit price, the quantity or volume supplied, the rate of tax +and the amount payable expressed in AED. +i. The amount of any discount offered. Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 61 + j. The gross amount payable expressed in AED. +k. The tax amount payable expressed in AED together with the rate of exchange applied +where the currency is converted from a currency o ther than the UAE dirham. +l. If the invoice relates to a supply under which the recipient of goods or recipient of services +is required to account for the t ax, a statement that the recipient is required to account for +the t ax, and a reference to the relevant provision of the Decree -Law. +2. A simplified tax invoice shall contain all of the following particulars: +a. The phrase “Tax Invoice” clearly displayed on the invoice. +b. The name, address, and tax registration number of the registrant making the supply. +c. The date of issuing the tax invoice . +d. A description of the goods or services supplied. +e. The total consideration and the tax amount charged. +3. If there are or will be sufficient records available to establish the particulars of a supply, a +taxable person is not required to issue a tax invoice for the supply where the supply is a wholly +zero -rated supply. +4. If a taxable person is required to issue a tax invoice , the tax invoice shall meet the +requirements of Clause (1) of this Article. +5. Notwithstanding the provisions of Clause (4) of this Article, the tax able person may issue a +tax invoice that meets the requirements of Clause (2) of this Article in either of the following +cases : +a. If the recipient of goods or recipient of services is not a registrant . +b. If the recipient of goods or recipient of services is a registrant and the consideration for +the supply does not exceed (AED 10,000 ). +6. A taxable person shall not issue separate tax invoice s in respect of supplies where he makes +more than one supply of goods or services to the same Person and those supplies are included +on a summary tax invoice issued to the recipient of goods or recipient of services in the same +calendar month as the date of supply of those supplies. Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 62 + 7. If the Authority considers that there are or will be sufficient records available to establish the +particulars of any supply or class of supplies, and that it would be impractical to require that +a tax invoice be issued by the tax able person , the Authority m ay determine that, subject to +any conditions that the Authority may consider necessary: +a. Any of the particulars specified in Clauses (1) or (2) of this Article shall not be contained +on a tax invoice . +b. A tax invoice is not required to be issued in certain cases. +8. The tax able person may issue a tax invoice by electronic means provided that: +a. The tax able person shall be capable of securely storing a copy of the electronic tax invoice +in compliance with the record keeping requirements. +b. The authenticity of ori gin and integrity of content of the electronic tax invoice shall be +guaranteed. +9. If a recipient agrees to raise a tax invoice on behalf of a registrant supplier in respect of a +supply of goods or services , that document shall be treated as if it had been issued by the +supplier if the following conditions are met: +a. The recipient of the goods or services is a registrant . +b. The supplier and the recipient agree in writing that the supplier shall not issue a tax +invoice in respect of any supply to which this Clause applies. +c. The tax invoice shall contain the particulars required under Clause (1) of this Article. +d. The phrase “tax invoice raised by buyer” shall be clearly displayed on the tax invoice . +10. If a tax invoice is issued pursuant to Clause (9) of this Article, any invoice issued by the +supplier in respect of that supply shall be deemed not to be a tax invoice . +11. If an agent who is a registrant makes a supply of goods and services for and on behalf of the +principal of that agent, that agent may issue a tax invoice in relation to that supply as if that +agent had made the supply and provided that the principal shall not issue a tax invoice . +12. If the supply of goods or services is considered as supplied in an applying state , the tax able +person shall include the following additional particulars in the document issued: Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 63 + a. The tax registration number of the recipient of goods or services issued to him by the +competent authority of the applying state in which the supply is treated as taking place. +b. A statement identifying the supply as between the State and an applying state . +c. Any other information determined by the Authority. + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (60) +Tax Credit Note +1. The tax credit note shall contain the following: +a. The phrase “Tax Credit Note” clearly displayed on the invoice. +b. The name, address, and tax registration number of the registrant making the supply. +c. The name, address, and tax registration number of the recipient where he is a registrant . +d. The date of issuing the tax credit note . +e. The value of the supply shown on the tax invoice , the correct amount of the value of the +supply, the difference between those two amounts, and the tax charged that relates to +that differ ence in AED. +f. A brief explanation of the circumstances giving rise to the issuing of the tax credit note . +g. Information sufficient to identify the supply to which the tax credit note relates. +2. If, on application by a taxable person , the Authority considers that there are or will be +sufficient records available to establish the particulars of any supply or class of supplies, and +that it would be impractical to require that a tax credit note be issued by the tax able person , +the Authority may determine any of the following, subject to any conditions that the Authority +may consider necessary: +a. Any one or more of the particulars specified in Clause (1) of this Article shall not be +contained on a tax credit note . +b. A tax credit no te is not required to be issued. +3. The tax able person may issue a tax credit note by electronic means provided that: Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 64 + a. The tax able person shall be capable of securely storing a copy of the electronic tax credit +note in compliance with the record keeping requ irements. +b. The authenticity of origin and integrity of content of the electronic tax credit note shall be +guaranteed. +4. If a recipient of goods or recipient of services agrees to raise a tax credit note on behalf of a +registrant Supplier in respect of a supply of goods or services , that document shall be treated +as if it had been issued by the supplier if the following conditions are met: +a. The recipient of goods or recipient of services is a registrant . +b. The supplier and the reci pient of goods or recipient of services agree that the supplier shall +not issue a tax credit note in respect of any supply to which this Clause applies. +c. The tax credit note shall contain the particulars required under Clause (1) of this Article. +d. The phra se “tax credit note created by buyer” shall be clearly displayed on the tax credit +note . +5. If a tax credit note is issued pursuant to Clause (4) of this Article, any tax credit note issued by +the supplier in respect of that supply shall be deemed not to be a tax credit note . +6. If an agent who is a registrant makes a supply of goods and services for and on behalf of the +principal of that agent, that agent may issue a tax credit note in relation to that supply as if +that agent had made the supply and provided that the principal shall not issue a tax credit +note . +7. If approval has been granted by the Authority under Clause (2) of this Article, that approval +may be withdrawn at any time whe re the Authority considers that the conditions of that +approval have not been met. + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (61) +Fractions of Fils +If the tax levied on a supply is calculated to a fraction of a Fils, the tax able person is permitted to +round the amount to the nearest Fils on a mathematical rounding. Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 65 + Part Fourteen +Tax Returns and Tax Periods +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (62) +Duration of the Tax Period +1. The standard tax period applicable to a taxable person shall be a period of three calendar +months ending on the date that the Authority determines. +2. Notwithstanding the provisions of Clause (1) of this Article, the Authority may assign a person +or class of persons a shorter or longer tax period where it considers that a non -standard tax +period length is necessary or beneficial to: +a. Reduce the risk of tax Evasion. +b. Enable the Authority to improve the monitoring of compliance or collection of tax +revenues. +c. Reduce the administrative burden on the Authority or the compliance burden on a person +or class of persons. +3. If a taxable person is assigned the standard tax period , he may request that the tax period ends +with the month as requested by him, and the Authority may accept such request at its +discr etion. + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (63) +Tax Periods in the Case of Loss of Capacity +1. If a person becomes incapacitated, his current tax period shall end on the day before the +person became an incapacitated person. A new tax period shall commence on the day the +person became incapacitated person in the name of the legal representative. +2. For the purposes of Clause (1) of this Article , the “incapacitated person” means a registrant +who dies, or goes into liquidation or receivership, or becom es bankrupt or incapacitated. Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 66 + 3. For the purposes of the new tax period referred to in Clause (1) and subsequent tax periods, +the legal representative shall be treated as the registrant himself for the purposes of the +Decree -Law and this Resolution throughou t the period of incapacitation. + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (64) +Tax Returns and Payment of the Tax +1. A tax return shall be delivered to the Authority no later than the 28th day following the end of +the relevant tax period or by such other date as determined by the Authority. +2. A person whose registration has been cancelled shall provide a final tax return for the last tax +period for which he was registered. +3. The taxable person shall pay the payable tax by the means determined by the Authority so +that it is received by the Authority no later than the date specified in Clause (1) of this Article. +4. If the refundable tax for a tax period exceeds the d ue tax for such tax period , the excess +refundable tax may be repaid to the tax able person in accordance with the provisions of the +Decree -Law and Federal Law No. (7) of 2017. +5. Any tax return shall contain such details as the Authority may require in addition to at least +the following data : +a. The name, addre ss and TRN of the registrant ; +b. The tax period to which the tax return relates. +c. The date of the tax return submission. +d. The value of tax able supplies made by the person in the tax period and the output tax +charged. +e. The value of zero -rated taxable supplies made by the person in the tax period . +f. The value of exempt ed supplies made by the person in the tax period . +g. The value of any supplies subject to the provisions of Clauses (1) and (3) of article (48) of +the Decree -Law. Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 67 + h. The value of expenses incurr ed in respect of which the person seeks to recover the i nput +tax and the amount of the r efundable tax. +i. The total value of the due tax and the refundable tax for the tax period . +j. The payable tax for the tax period . + +Part Fifteen +Refund of Excess Tax +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (65) +Refund of Excess Tax +If the tax able person has excess refundable tax for a tax period and submits a request to the +Authority by the means specified by the Authority to be repaid the amount of the excess, then the +Authority shall refund the amount to the tax able person within the timelines and according to +the procedures set out in Federal Law No. (7) o f 2017 on Tax Procedures. + +Part Sixteen +Other Provisions Relating to Refund +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (66) +New Residence +1. If a person owns or acquires land in the State on which he builds, or authorizes the +construction of, his own residence, he shall be entitled to make a claim to the Authority to +refund the tax on the expenses of constructing the residence. +2. For the purposes of Clause (1) of this Article: +a. The claim may only be made by a natural person who is a national of the State. +b. The claim shall relate to a newly constructed building to be used exclusively as residence +of the person or his family. Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 68 + c. The claim may not be made in connection with a building which will not be used +exclusively as a residence by the person or his family, for example if it is to be used as a +hotel, guest hostel , hospital or for any other purpose not consistent with being use d as a +residence. +3. The refund claim in accordance with this Article shall be filed within six ( 6) months from the +date of completion of the newly built residence. For the purposes of this Clause, a ny newly +built residence shall be considered completed at t he earlier of the date the residence becomes +occupied, or the date when it is certified as completed by a competent authority in the State, +or as may otherwise be stipulated by the Authority. +4. The refund claim shall be submitted to the Authority in such ma nner and contain details as +determined by the Authority. +5. If the Authority refunds the tax in accordance with this Article, and following the receipt of +such refund the person breache s any condition stipulated in Paragraph (c) of Clause (2) of +this Article, the Authority may require the person to repay the amount of refunded tax. +6. The categories of expenses on which the person may claim a refund of tax under this Article +are: +a. Services provided by contractors, inclu ding services of builders, architects, engineers, and +other similar services necessary for the successful construction of the building . +b. Building materials, being goods of a type normally incorporated by builders in a +residential building or its site, but not including furniture or electrical appliances. + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (67) +Visitors for Business Purposes +1. The Authority shall apply the VAT Refunds for Foreign Businesses Scheme to allow the refund +of tax on expenses incurred in the State by a foreign entity which has no business +establishment or fixed establishment in the State or the applying state , and is not registered +in the State . Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 69 + 2. For the purpose s of this Article, the “foreign entity” means any person that practices a business +as defined in this Resolution and is registered as an establishment with the competent +authority in the state in which it is established. +3. Any foreign entity shall not be entitled to make a claim under the VAT Refunds for Forei gn +Businesses Scheme in the following cases: +a. If it makes supplies which have a place of supply in the State, unless the recipient of goods +or recipient of services is oblig ated to calculate the tax on such supplies in accordance +with Clause (1) of article (48) of the Decree -Law. +b. If the input tax is related to goods or services for which the tax may not be refundable in +accordance with article (53) of this Resolution . +c. If the foreign entity belongs to a state that does not permit VAT refund, in similar cases, to +entities that belong to the State. +4. A foreign tour operator shall not be entitled to make a claim under the VAT Refunds for +Foreign Businesses Scheme in connection with undertaking activities as a tour operator. +5. The claim for any refund shall be made on an electronic form provided by the Authority for +such purpose. +6. The claim form shall contain the particulars as may be required by the Authority , including: +a. Name and address of the foreign entity ; +b. Nature of activities of the foreign entity ; +c. Details of the registration of the foreign entity with the competent authority in the state +where it is established ; +d. Description of reasons for incurring expenses in the State ; +e. Description of activities carr ied out in the State ; +f. Details of expenses incurred in the State during the period of the claim. +7. The claim shall be accompanied by any documents or evidence as may be required by the +Authority. +8. The period of the claim shall be (12) calendar months. Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 70 + 9. The minimum tax that may be claimed under the VAT Refunds for Foreign Businesses Scheme +shall be (AED 2,000 ) two thousand dirhams . +10. Notwithstanding the provisions of Clause (1) and Paragraph (c) of Clause (3) and Clause (8) +of this Article, the b usinesses resi ding in any GCC State that is not considered to be an applying +state according to the Decree -Law and this Resolution , may claim refund of tax incurred on +goods and services supplied to them in the State. + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (68) +Tourist Visitors +1. The Cabinet may issue a resolution applying the Tax Refunds for Tourists Scheme +determining the following: +a. The effective date of the Scheme ; +b. The mechanism for tax refunds ; +c. Controls on claiming tax refunds ; +d. Processes for any verifications to be made under the Scheme ; +e. Any other conditions or procedures deemed necessary by the Cabinet for application of +the Scheme. +2. The following conditions shall apply to the Tax Refunds for Tourists Scheme: +a. The goods subject to the Tax Refunds for Tourists Scheme shall be supplied to an overseas +tourist who is in the State during the purchase of the goods from the supplier. +b. At the date of supply , the overseas tourist shall intend to depart from the State within +ninety (90) days from the date of supply , accompanied by the purchased goods . +c. The relevant goods shall be exported by the overseas tourist to a place outside the +applying state s within (3) months from the date of supply , subject to the conditions and +verification procedures as may be imposed by the Authority. +3. The “overseas tourist” means any natural person who is not resident in any of the applying +state s and is not a crew member on a flight or aircraft leaving an applying state . Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 71 + 4. The Authority may publish a list of goods that shall not be subject to the Tax Refunds for +Tourists Scheme. + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (69) +Foreign Governments +1. If the t ax is incurred by a foreign gov ernment , international organization , diplomatic bod y and +mission, or by an official thereof, such foreign government, international organization , +diplomatic bod y and mission shall be entitled to submit a claim on the form issued by the +Authority requesting repayment of the incurred tax. +2. The application of Clause (1) of this Article shall be subject to the following conditions: +a. Goods and services shall be acquired exclusively for official use. +b. The state in which the relevant foreign government, international organization , or +diplomatic body or mission is established or has its official seat shall exclude the same +type of bodies of the State from the any tax burden s in such state . +c. The refund claim shall be consistent with the terms of any international treaty or other +agreemen t concerning the tax liability of such foreign government, international +organization , or diplomatic body or mission. +d. The official of a foreign government, international organization , or diplomatic body or +mission who benefits from the refund shall not ho ld the UAE nationality or have a +residence visa under the sponsorship of an entity other than the foreign government, +international organization , or diplomatic body or mission itself, and shall not engage in +any business in the State. + + + + + Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 72 + Part Seventeen +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (70) +Transitional Provisions +1. For the purposes of Paragraph (e) of Clause (1) of article (80) of the Decree -Law, “acceptance +by the recipient of goods ” means the stage where the recipient of goods considers that the +supplier has fulfilled his obligations towards him. +2. In case of applying the provisions of Clause (1) of article (80) of the Decree -Law, the date of +supply shall be the date of entry into force of the Decree -Law only in respect of the amounts +of considerati on received or specified in the invoice issued before the entry into force of the +Decree -Law. +3. In case of Clause (3) of article (80) of the Decree -Law, the supply shall be deemed to have +been made in accordance with the following provisions: +a. For supplies to which the provisions of article (25) of the Decree -Law appl y, the date of +supply shall be determined in accordance with Clauses (1) to (6) of the said Article. +b. For supplies to which the provisions of article (26) of the Decree -Law apply , the supply +shall be deemed to be made in accordance with the provisions of the said Article. +4. For the purpose s of Clause (3) of this Article, if the date of supply in respect of a supply of +goods or services is before the entry into force of the Decree -Law , part of the supply is made +before the date of entry into force of the Decree -Law and another part thereof is made after +such date , the date of supply shall be treated as taking place after the entry into force of the +Decree -Law for such part of the supply actually taking place after the said date. +5. Any payment of consideration made before the date of entry into force of the Decree -Law +shall be dis regarded to determ ine whether a supply takes place before such date if, or to the +extent that, it appears to the Authority that it would not have been so made but for the tax. +6. In case of Clause (3) of article (80) of the Decree -Law, the consideration shal l be treated as +exclusive of the t ax and the recipient of goods or recipient of services shall be obligated to pay +the VAT plus the consideration if all of the following conditions are met: Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 73 + a. If the recipient of goods or recipient of services is a registrant . +b. If the recipient of goods or recipient of services has the right to recover the i nput tax +incurred on the supply either in full or in part. +7. Clause (6) of this Article shall apply only if the supplier requests , prior to the date of entry into +force of the Decree -Law, from the recipient of goods or recipient of services to confirm the +following information : +a. Whether the recipient of goods or recipient of services is registrant or is expect ed to be a +registrant on the date of entry into force of the Decree -Law. +b. The extent to which the recipient of goods or recipient of services expects to be able to +recover the t ax incurred on such supply. +8. The recipient of goods or recipient of services shall, w ithin (20) working day s as of the +date of receiving the request for information referred to in Clause (7) of this Article, +respond to the supplier in writing and provide the same with the requested information. +9. The supplier may rely on the information provided in accordance with Claus e (8) of this +Article for the purposes of determining the tax treatment of the supply. If the recipient of +goods or recipient of services intentionally provides false information that results in that the +supplier has to treat the consideration as inclusive of the t ax, the recipient of goods or +recipient of services shall not be entitled to reclaim the input tax on such supply. +10. In case that the recipient of goods or recipient of services fails to provide the information in +accordanc e with Clause (8) of this Article, the supplier may treat the c onsideration in respect +of the supply as exclusive of the tax and request the recipient of goods or recipient of services +to pay the t ax. +11. The supplier and the recipient of goods or recipient of services shall keep the records of the +request referred to in Clause (7) of this Article and the information provided in accordance +with Clause (8) of this Article. +12. For the purposes of Clause (6) of this Article, if the recipient of goods or recipient of services +makes sure that he is able only to recover the i nput tax in part, the consideration shall be +treated as exclusive of the t ax only to the extent that relates to the refundable input tax Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 74 + percentage that the recipient of goods or recipient of services discloses to the supplier under +Clause (8), and the remaining portion of the consideration relating to the supply shall be +treated as inclusive of the t ax. +13. In all cases, the supplier shall remain liable for calculat ing the t ax and pa ying it to the +Authority. +14. If a taxable supply is treated as a supply made periodically or successively, the t ax shall not be +charged on the portion of the consideration related to a supply made before the date of entry +into force of the Decree -Law. +15. Any GCC State shall be treated as an applying state in accordance with the provisions of the +Decree -Law and this Resolution if the following conditions are met: +a. If such GCC State treats the State similarly as an applying state in its issued legislation. +b. Full compliance with the provisions of the Unified Agreement for Value Added Tax (VAT) +of the Cooperation Council for the Arab States of the Gulf (GCC). + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (71) +Requirements for Record -Keeping +1. Subject to Clause (2) of this Article, any records required to be kept in accordance with the +provisions of the Decree -Law shall comply with the time periods, controls, and conditions for +keeping records provided for in Federal Law No. (7) of 2017 on Tax P rocedures and its +Executive Regulations. +2. Any records related to a real property required to be kept shall be held for a period of (15) +years following the end of the tax period to which such records relate. +3. If a government agency is listed in the Cabinet resolution under Clause (2) of article (72) of +the Decree -Law, such government agency may: +a. Reject the Authority’s request to take any records or cop ies there of from the premises of +the government agency ; Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 75 + b. Establish controls for the access of the Authority’s employees to the records and premises +of the government agency . +4. If the Authority holds any records of a government agency listed by the Cabinet under Clause +(2) of article (72) of the Decree -Law, the records shall be kept in such manner th at they can +be accessed only by the Authority ’s employees expressly authorized to review the records of +such government agency . + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (72) +Keeping Records of Supplies Completed +1. The records of all goods and services supplied by or for the benefit of the taxable person, shall +be kept and shall show the goods, services, suppliers and their agents in sufficient detail, so +as to enable the Authority to easily identify such goods and s ervices, suppliers and agents . +2. Subject to the provisions of article (78) of the Decree -Law, the taxable person that makes any +taxable supply of goods or services in the State shall keep the transaction's records to prove +the emirate wherein the fixed establishment related to such supply is located . +3. Notwithstanding the provisions of Clause (2) above, if the taxable person that makes any +taxable supply of goods or services does not have a fixed establishment in the State, the +following shall apply: +a. In the event that it has a headquarters in the State, it shall keep records of the transaction +to prove the emirate in which the headquarters is located. +b. In the event that it does not have a headquarters in the State, it shall keep records of the +transaction t o prove the emirate in which the supply is received. +4. Notwithstanding what is stated in Clauses (2) and (3) of this Article, in the event that the value +of taxable supplies made by the taxable person through electronic commerce exceeds the +amount of (AED 10 0,000,000) one hundred million dirhams During the calendar year, it shall +keep records of the transaction to prove the emirate in which the supply is received for the +period specified in Clause (6) of this Article. Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 76 + 5. For the purposes of Clause (4) of this Ar ticle, electronic commerce refers to the transaction +involving the sale of goods or services through electronic means, an electronic platform, a +store on social media, or electronic applications in accordance with criteria and conditions +specified by the M inister. +6. For the purpose of implementing the provisions of Clause (4) of this Article, the provisions +relating to taxable supplies via electronic commerce shall apply to each taxable person as +follows: +a. Starting from the first tax period that begins on or after 1 July 2023, and for a period of 18 +months for the taxable person whose taxable supplies made via electronic commerce has +exceeded the limit stipulated in Clause (4) of this Article during the cale ndar year ending +on December 31, 2022. +b. For a period of two years starting from the first tax period of the calendar year that begins +after the date of exceeding the taxable supplies made by the taxable person through +electronic commerce, the limit stipulat ed in Clause (4) of this article. + +Part Eighteen +Final Provisions +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (73) +The Authority shall be competent to issue clarifications and directives regarding the application +of the provisions of this Resolution . + +" +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (74) +Repeal of Conflicting Provisions +Any provision inconsistent or discrepant with the provisions of this Resolution is hereby repealed. + + + Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Value Added Tax 77 + " +tax,Cabinet Resolution No. (52) of 2017 Concerning the Executive Regulations of Federal Decree-Law No. (8) of 2017 on Value-Added Tax (VAT),"Article (75) +Publishing and Enforcement +This Resolution shall be published in the Official Gazette and shall enter into force as of 1st +January 2018 at the earlier of the following : +1. The time of opening of the business on 1 January 2018 ; or +2. 7 am on 1st January 2018. + + + + + + + + + + + + + + +Mohammad bin Rashid Al Maktoum +Prime Min ister + +Issued by us: +On: 7 Rabi al -Awwal 1439 A.H. +Corresponding to: 26 November 2017 AD. " +tax,The Cabinet Resolution No. (25) of 2018 Concerning Application of VAT for Gold and Diamond Among Registered Dealers in the State,"Article (1) +Definitions +In application of provisions of this Resolution, the following words and phrases shall +have the meanings assigned to th em, unless the context indicates otherwise: +Authority : The Federal Tax Authority. +Tax : Value Added Tax (VAT). +Taxable Person : Any natural or legal person that is registered or is +supposed to be registered for tax purposes +subject to Federal Decree -law No. (8) of 2017 . +Tax Registration : A registration procedure taken by the taxable +person or his legal representative for tax purposes +of the Authority . +Items : Gold, diamond and any of its basic products of +gold and diamond . Cabinet Resolution of 20 18 Concerning the Application of VAT for Gold and Diamond Among +Registered Dealers in the State 2 + Registered : The taxable who acquired a tax registration +number and is licensed by the competent +governmental authority to practice any business +relevant to the items . +Supplier : The registered who supplies items in the State . +Receiver : The person for whom the items are supplied . +Tax : The tax that is calculated and imposed subject to +Federal Decree -law No. (8) of 2017 . + +" +tax,The Cabinet Resolution No. (25) of 2018 Concerning Application of VAT for Gold and Diamond Among Registered Dealers in the State,"Article (2) +1. When a supplier supplies the items to a receiver that is registered in the State, and +the purpose of the receiver is to resell the items or to reuse it to produce or +manufacture any of these items, the following rules shall apply: +a. A supplier shall not be responsible for calculating the tax relevant to items +supply and shall not record it in its tax return if the registered receiver +recognises in writing the following: +1. Acquiring those items is in order to resell, reuse it in producing or +manufacturing any of such items . +2. It is registered on the date of supply. +3. The receiver shall calculate the tax on the value of the items supplied. +b. The receiver of the items shall calculate the tax on the value of the items +supplied and shall be liable for all tax obligations caused by that supply and the +calculation of the due tax. +2. Provisions stated in clause (1) of this article shall not be applicable in any of the +following cases : +a. If the supplier knows or is assumed to know that the receiver is not registered +on the date of supply . +b. If the supplier did not confirm that the receiver is registered at the Authority +pursuant to approved channels and details provided in the tax return . Cabinet Resolution of 20 18 Concerning the Application of VAT for Gold and Diamond Among +Registered Dealers in the State 3 + c. If the taxable supply is taxed for a zero -percentage subject to clause (1) or (8) +of article (45) of the Federal Decree -Law No. (8) of 2017. +3. If the supplier knows or is assumed to know that the rece iver is not registered for +due tax purposes and associated penalties relevant to supply. + +" +tax,The Cabinet Resolution No. (25) of 2018 Concerning Application of VAT for Gold and Diamond Among Registered Dealers in the State,"Article (3) +Issu ing the Executive Resolutions +The Minister of Finance shall issue the necessary Resolutions to implement the +provisions of this decision. + +" +tax,The Cabinet Resolution No. (25) of 2018 Concerning Application of VAT for Gold and Diamond Among Registered Dealers in the State,"Article (4) +Enforcement and Publication +This Resolution shall come into force as of 1/6/2018 and shall be published in the +Official Gazette. + + + + + + + + +Mohammed bin Rashid Al Maktoum +Prime Minister + +Issued by us: +On: 6 Ramadan 1439 A .H. +Corresponding to: 22 May 2018 AD " +tax,Cabinet Resolution No. (116) of 2022 Concerning the Determination of the Amount of Annual Income Subject to Corporate Tax,"Article (1) +Definitions +In applying the provisions of this Resolution, the following words and phrases shall have the +meanings indicated opposite each of them, unless otherwise stated: +State : The United Arab Emirates . +Ministry : Ministry of Finance . +Minister : Minister of Finance . +Authority : Federal Tax Authority . +Person : Any natural or legal person . +Taxpayer : A person who is subject to Corporate Tax in a country under the +Corporate Tax law . +Corporate Tax Law : Federal Decree -Law No. (47) of 2022 Concerning the Corporate Tax. +Corporate Tax : The tax imposed under the Corporate Tax Law on legal persons and +business income . +Taxable Income : Income subject to the Corporate Tax under the Corporate Tax Law . Cabinet Resolution of 20 22 Determining the Amount of Annual Income Subject to the Corporate Tax 2 + Tax Period : The period for which the tax return must be submitted . +Tax Return : Information provided to the Authority for Corporate Tax purposes in +accordance with the forms and procedures specified by the +Authority, including any schedules or attachments thereof, including +any amendment thereto . +Business : Any activity practiced regularly, continuously and independently by +any person and in any place, such as industrial, commerc ial, +agricultural, vocational, professional, service, excavation activities, +or any other activity related to the use of tangible or intangible +property . +Business Activity : Any transaction, activity, series of transactions, or series of activities +carried out by a person in the course of his business . + +" +tax,Cabinet Resolution No. (116) of 2022 Concerning the Determination of the Amount of Annual Income Subject to Corporate Tax,"Article (2) +Taxable Income Subject to the Corporate Tax at the Rate of (0%) Zero per Cent +1. For the purposes of Paragraph ( a) of Clause (1) of article (3) of the Corporate Tax Law, the part +of the Taxable Income of the Taxpayer that does not exceed the amount of ( AED 375,000) three +hundred and seventy -five thousand Emirati dirham s is subject to Corporate Tax at a zero rate +(0%) per cent in the tax period. This is regardless of whether the Taxpayer carries on several +businesses or busines s activities in that tax period . +2. If the Authority is acknowledged that one or more persons have separated their business or +business activity in a fictitious manner, the Taxable Income of all their business or business +activity is subject to Corporate Tax at the rate of (0%) zero per cent in the tax period with an +amount exceeding ( AED 375,000) three hundred and seventy -five th ousand Emirati dirham s, +this shall be deemed as an arrangement to obtain a Corporate Tax -related advantage in +accordance with Clause (1) of article (50) of the Corporate Tax Law . +3. For the purpose of the Authority verifying whether two or more persons have s puriously +separated their business or business activity, it shall consider whether the arrangement is +entered into for a legitimate commercial purpose. Also, whether the persons substantially carry +on the same busi ness or business activity with c onsidering all relevant facts and circumstances, +including but not limited to their financial, economic and organis ational ties. + Cabinet Resolution of 20 22 Determining the Amount of Annual Income Subject to the Corporate Tax 3 + " +tax,Cabinet Resolution No. (116) of 2022 Concerning the Determination of the Amount of Annual Income Subject to Corporate Tax,"Article (3) +Income Subject to the Corporate Tax at the Rate of (9%) Nine per Cent +For the purposes of paragraph (b) of Clause (1) of article (3) of the Corporate Tax Law, the Taxable +Income of the Taxpayer that exceeds the amount of ( AED 375,000) three hundred and seventy -five +thousand Emirati dirham s is subject to Corporate Tax at the rate of (9) nine per cent in the tax period +of relevance. + +" +tax,Cabinet Resolution No. (116) of 2022 Concerning the Determination of the Amount of Annual Income Subject to Corporate Tax,"Article (4) +Executive Resolutions +The Minister of Finance shall issue the necessary decisions to implement the provisions of this +decision. + +" +tax,Cabinet Resolution No. (116) of 2022 Concerning the Determination of the Amount of Annual Income Subject to Corporate Tax,"Article (5) +Publication and Enforcement +This Resolution shall be published in the Official Gazette, and shall come into force after (15) fifteen +days from the date of its publication. + + + + + + + + + +Mohammed bin Rashed Al -Maktoom +The Prime Minister + +Issued by us: +On: 06, Jumada II , 1444 A.H. +Corresponding to : 30 December 2022 AD " +tax,Cabinet Resolution No. (55) of 2019 Concerning the Excise Price of Tobacco Products,"Article (1) +Definitions +In the application of the provisions of this Resolution, the following words and phrases shall have +the meanings assigned against each, unless the text implies otherwise: +Excise Price : In accordance with the definition stipulated in article (1 3) of +Cabinet Resolution No. (52) of 2019 referred to above. +Water Pipe Tobacco : Tobacco intended for smoking using a water pipe and made of a +mixture of tobacco and glycerin, even though it contains aromatic +oils or extracts or molasses or sugar, and ev en if fruits flavors were +added to it. +Cigarettes rolls : All cigarette rolls whether regular or electronically heated. + Cabinet Resolution of 20 19 Concerning the Ex cise Price of Tobacco Products 2 + + " +tax,Cabinet Resolution No. (55) of 2019 Concerning the Excise Price of Tobacco Products,"Article (2) +Excise Price for Tobacco Products +The Excise Price shall be determined in accordance with article (13) of Cabinet Resolution No. +(52) of 2019 referred to above, provided that it shall not be less than: +a. (0.4) Dirham for every cigarette roll. +b. (0.1) Dirham for each gram of water pipe tobacco and ready to use tobacco and other similar +products. + +" +tax,Cabinet Resolution No. (55) of 2019 Concerning the Excise Price of Tobacco Products,"Article (3) +Enforc ing Provision of this Resolution +The Minister of Finance shall issue a resolution determining the date of enforcing this Resolution +provided that it shall be before 01 January 2020. + +" +tax,Cabinet Resolution No. (55) of 2019 Concerning the Excise Price of Tobacco Products,"Article (4) +Publication +This Resolution shall be published in the Officia l Gazette. + + + + + +Mohammed bin Rashid Al -Maktoum +Prime Minister + +Issued by us: +On: 03 Thu Al -Hijjah 1440 A .H. +Corresponding to: 04 August 2019 AD " +tax,Cabinet Resolution No. (85) of 2022 Concerning Determining the Tax Residence,"Article (1) +Definitions +In application of the provisions of this Resolution, the following words and phrases shall have the +meanings assigned to each of them, unless the context otherwise requires: +State : United Arab Emirates. +Minister : Minister of Finance. +FTA : The Federal Tax Authority. +Person : Natural or legal person. +Tax Resident : The person residing in the State as specified in Articles (3) and (4) of this +Resolution. +Business : Any activity that is practised regularly, continuously, and independently by +any person, such as industrial, commercial, agricultural, professional, craft +or service activity, excavation activities, or activities related to the use of +tangible or intangible property. Cabinet Resolution of 20 22 Determining the Tax Residence 2 + Residence +Permit : The permit or authorisation issued by the competent authorities in the +State to grant a natural person the right to reside or work within the +territory of the State, and it does not include any temporary permit to enter +the State for a specified period of time for the purposes of temporary travel, +tourism, sports, treatment or any other purpose. +Permanent +Residence : The place located in the State and available to the natural person at all +times. +International +Agreement : Any bilateral or multilateral agreement or any other agreement to which +the State is a party, and which has been ratified by the parties. +Tax +Residence +Certificate : A certificate issued by the FTA proving that the person is a Tax Resident in +the State. +Tax : Every feder al tax imposed under the Tax Law of which management, +collection and implementation is entrusted to the FTA. +Tax Law : Any federal law under which a tax is imposed. + +" +tax,Cabinet Resolution No. (85) of 2022 Concerning Determining the Tax Residence,"Article (2) +Objectives of the Resolution +This Resolution aims to define the requirements and conditions for determining a person as a Tax +Resident in the State. + +" +tax,Cabinet Resolution No. (85) of 2022 Concerning Determining the Tax Residence,"Article (3) +Legal Person +A legal person is considered a Tax Resident in the State in any of the following two cases: +1. If it was established, formed, or recognised in accor dance with the legislation in force in the +State, not including the branch that is registered by a foreign legal person in the State. +2. If it is considered a Tax Resident under the applicable Tax Law in the State. + Cabinet Resolution of 20 22 Determining the Tax Residence 3 + " +tax,Cabinet Resolution No. (85) of 2022 Concerning Determining the Tax Residence,"Article (4) +Natural Person +A natural perso n is considered a Tax Resident in the State if any of the following conditions are +met: +1. If his usual or main place of residence and the centre of his financial and personal interests +are in the State or if it fulfils the conditions and criteria specified b y a decision issued by the +Minister. +2. If he has been physically present in the State for a period of one hundred and eighty -three +days (183) or more, during the relevant twelve (12) consecutive month period. +3. If he has been physically present in the State fo r a period of ninety (90) days or more, during +the relevant twelve (12) consecutive months, and holds the nationality of the State, a valid +residence permit in the State or the nationality of any of the member states of the Gulf +Cooperation Council, and me ets any of the following: +a. Having a permanent place of residence in the State. +b. Practising a job or business in the State. + +" +tax,Cabinet Resolution No. (85) of 2022 Concerning Determining the Tax Residence,"Article (5) +Tax Residence Certificate +1. The person who is considered as a Tax Resident in the State in accordance with the provisions +of Articles (3) or (4) of this Resolution may submit an application to the FTA, for the purpose +of issuing his Tax Residence Certificate. +2. The application referred to in Clause (1) of this Article shall be submitted in accordance with +the form and manner dete rmined by the FTA. +3. If the FTA is satisfied that the applicant meets the conditions specified in Articles (3) or (4) of +this Resolution and that the application is submitted in accordance with Clause (2) of this +Article, it may approve the application and issue a Tax Residence Certificate. + + Cabinet Resolution of 20 22 Determining the Tax Residence 4 + " +tax,Cabinet Resolution No. (85) of 2022 Concerning Determining the Tax Residence,"Article (6) +International Agreements +1. If any international agreement specifies certain conditions for determining Tax Residence, the +provisions of that international agreement regarding the determination of Tax Residence +shall apply for the purposes of that international agreement. +2. The Minister shall issue a decision specifying the form and method of issuing certificates to +determine the Tax Residence for the purposes of the international agr eement. + +" +tax,Cabinet Resolution No. (85) of 2022 Concerning Determining the Tax Residence,"Article (7) +FTA's Powers and Cooperation Therewith +1. The FTA may request all information, data and documents related to any person from all +government agencies in the State for the purposes of implementing the provisions of this +Resolution. +2. All gove rnment agencies in the State must fully cooperate with the FTA for the purposes of +implementing the provisions of this Resolution, including providing the FTA with all +information, data and documents related to any person as required by the FTA. + +" +tax,Cabinet Resolution No. (85) of 2022 Concerning Determining the Tax Residence,"Article (8) +Executive Resolutions +1. The Minister shall issue the necessary decisions to determine the conditions, controls, and +criteria for the implementation of any of the provisions of this Resolution. +2. The FTA shall be responsible for issuing clarifications and directives for the implementation +of any of the provisions of this Resolution. + + Cabinet Resolution of 20 22 Determining the Tax Residence 5 + " +tax,Cabinet Resolution No. (85) of 2022 Concerning Determining the Tax Residence,"Article (9) +Resolution Publication and Entry into Force +This Resolution shall be published in the Official Gazette and shall enter into force as of 01 Marc h +2023. + + + + + + +Mohammed bin Rashid Al -Maktoum +Prime Minister + +Issued by Us: +On: 06 Safar 1444 AH +Corresponding to: 02 September 2022 AD " +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (1) +Definitions +For the purpose of applying the provisions of this Decree -Law, the following words and +expressions shall have the meanings assigned thereto respectively, unless the context requires otherwise: +State : The United Arab Emirates. +Minister : The Minister of Finance. +Authority : The Federal Tax Authority. +Value -Added +Tax (VAT) : A tax levied on the importation and supply of goods and services at every stage of production and distribution, including the +deemed supply. +Tax : The Value -Added Tax. +GCC States : All the states which are full members of the Cooperation Council for the Arab States of the Gulf, in accordance with the GCC +Charter. +Applying +States : The GCC States which apply the Tax law under a legislative +instrument issued thereby, and as defined by the Executive +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 3 + Regulations of this Decree -Law. +Goods : Tangible properties which can be supplied, including real +property, water and all types of energy, as defined by the +Executive Regulations of this Decree -Law. +Services : Anything, other than Goods, which can be supplied. +Importation : Brining Goods into the State from abroad, or receiving Services +from abroad. +Relevant +Goods : Goods imported and not exempted from the Tax if supplied in the State. +Relevant +Services : Services imported, whose place of supply is in the State, and not exempted from the Tax if supplied in the State. +Person : A natural or legal person. +Taxable +Person : Each Person that is, or ought to be, registered for the tax purposes under this Decree -Law. +Taxpayer : Any Person that is obligated to pay the Tax in the State, pursuant +to this Decree -Law, whether such Person is a taxable Person or an +end consumer. +Tax Registration : A procedure under which the Taxable Person or the legal +representative thereof registers for the Tax purposes at the Authority. +Tax Registration Number +(TRN) : A unique number assigned by the Authority to each Person +registered for the Tax purposes. +Registrant : A Taxable Person holding a Tax Registration Number. +Recipient of +Goods : The Person to whom the Goods are supplied or imported. +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 4 + Recipient of +Services : The person to whom the Services are supplied or imported. +Importer : In relation to the importation of Goods, an importer is the Person who acts as the importer of Goods on the date of Importation for the purposes of customs clearance. In relation to the importation +of Services, it means the recipient of such services. +Taxable +Trader : A Taxable Person in the Applying States, whose main activity is +the distribution of water and all types of energy, as defined by the Executive Regulations of this Decree -Law. +Tax Return : The information and data specified for the Tax purposes provided +by the Taxable Person in accordance with the form prepared by +the Authority. +Consideratio n : Anything that has been received or expected to be received for the supply of Goods or Services, whether cash payments or any +other forms recognized as compensation. +Business : Any activity that is practiced on a regular, ongoing and +independent basis by any Person and in any place, such as +industrial, commercial, agricultural, professional, handicraft or +service activity, excavation activities or any activity related to the +use of tangible or intangible properties. +Exempted +Supply : The supply of Goods or Services for a Consideration during the practice of the Business within the State, which shall not be taxed +and the input tax levied on may not be refunded except under the +provisions of this Decree -Law. +Taxable +Supply : The supply of Goods or Services for a Consideration during the practice of the Business by any Person within the State, not +including the Exempted Supply. +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 5 + Deemed +Supply : All that is regarded as a supply and treated as a Taxable Supply, in accordance with the cases set forth in this Decree -Law. +Input Tax : The Tax paid or payable by a Person when Goods or Services are supplied to, or importation is made, by such Person. +Output Tax : The Tax levied on the Taxable Supply and on any supply which is +deemed Taxable Supply. +Refundable +Tax : Amounts paid that may be refunded by the Authority to the Taxpayer under the provisions of this Decree -Law. +Due Tax : The Tax that is calculated and levied under the provisions of this +Decree- Law. +Payable Tax : The Tax which becomes due to be paid to the Authority. +Tax Period : A specific period for which the Payable Tax shall be calculated +and paid. +Tax Invoice : A written or electronic document in which any Taxable Supply +and its details are recorded +Tax Credit Note : A written or electronic document in which any amendment to reduce or cancel a Taxable Supply and its details are recorded. +Government +Agencies : Ministries, government departments and entities and federal and local public authorities and institutions in the State, or any other +entities receiving the treatment prescribed for Government +Agencies, in accordance with the resolutions issued by the +Cabinet for the purposes of applying the provisions of this +Decree- Law. +Charities : Non -governmental, non- profit organizations of public welfare, +which are determined by a Cabinet resolution to be issued upon +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 6 + the proposal of the Minister. +Relevant +Charitable +Activity : A non -profit activity generating no benefits for any owner, +member or shareholder of a Charity, and is performed by the Charity within its purposes or objects to carry out a charitable activity in the State or to promote such Charity, as approved by +the relevant authorities, or pursuant to its articles of +incorporation as a Charity under legislation, decree or federal or +local resolution, or based on its license, to carry out a charitable +activity through an authority granting such licenses on behalf of +the federal government or the Emirate's government. +Mandatory Registration +Threshold : An amount specified in the Executive Regulations of this +Decree- Law and if the value of Taxable Supplies exceeds or is +expected to exceed such amount, the supplier shall apply for the Tax Registration +Voluntary +Registration +Threshold : An amount specified in the Executive Regulations of this +Decree- Law and if the value of Taxable Supplies or taxable +expenses exceeds or is expected to exceed such amount, the +supplier may apply for the Tax Registration. +Transport -Rel +ated Services : Cargo transport, packaging and sealing; preparation of customs +documents; container management services and loading, +unloading, storage and movement of goods, or any other services +that are closely related or necessary for the completion of +transport services. +Business Establishment : The place where the Business is legally established in a state, in accordance with the establishment resolution, and where +important management decisions are taken or the functions of +the central administration are carried out. +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 7 + Fixed +Establishment : Any fixed place of Business other than the Business Establishment, through which the Person conducts its Business +on a regular or permanent basis and which has the sufficient +human and technical resources necessary to enable it to supply or receive Goods or Services, including the Person's branches. +Place of +Residence : The place where a Person has a Business Establishment or Fixed Establishment, in accordance with the provisions of this +Decree- Law. +Non -Resident +Person : Any person that has no Business Establishment or Fixed +Establishment in the State and usually does not reside therein. +Related Parties : Two or more Persons that are not economically, financially or organizationally separated, where one of them can control the +others either by law, shareholding or voting rights. +Customs Legislation : Federal and local legislation regulating customs in the State. +Designated +Area : Any area identified by a Cabinet Resolution, upon the proposal of the Minister, as a Designated Area for the purposes of this +Decree- Law. +Exportation : Taking Goods outside the State or providing Services to a person whose Business Establishment or Fixed Establishment is outside +the State. +Voucher : Any instrument entitling the holder thereof to get access to +Goods or Services against the value stated thereon or enclosed therein, or to obtain a discount on the price of Goods or Services, +and it does not include postage stamps issued by the Emirates +Post Group. +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 8 + Activities +Performed in a +Sovereign +Capacity : Activities performed by Government Agencies in their sole capacity, with or without a Consideration. +Capital Assets : Business assets designated for long -term use. +Capital Assets +Scheme : A scheme whereby the input tax initially refunded is adjusted based on the actual use during a specific period. +Administrative Fines : Amounts to be imposed on the Person by the Authority for +violating the provisions of this Decree- Law and Federal Law No. +(7) of 2017, on Tax Procedures. +Administrative Fine +Assessment : A decision issued by the Authority on due administrative fines. +Excise Tax : A tax levied by virtue of a law on particular Goods. +Tax Group : Two or more Persons registered at the Authority as a single +Taxable Person for the tax purposes, in accordance with the +provisions of this Decree -Law. +Pure Hydrocarbons : Any type of various pure compounds of a chemical formula composed only of hydrogen and carbon (Cx Hy). +Tax Evasion : The person's use of illegal means which cause reducing the +amount of the Due Tax, the non- payment thereof, or the refund +of a Tax that such Person is not entitled to refund. +Tax Audit : An action made by the Authority to audit business records or any +information, data or commodities related to a Person so as to +verify the fulfillment of their obligations, pursuant to the +provisions of this Decree -Law or the Tax Procedures Law. +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 9 + Tax +Assessment : Means the Tax Assessment as defined in the Tax Procedures Law. +Voluntary Disclosure : A form prepared by the Authority whereby the Taxpayer notifies the Authority of any errors or omissions in the Tax Return, Tax Assessment or tax refund application, pursuant to the provisions +of the Tax Procedures Law. +Tax +Procedures +Law : Federal Law No. (7) of 2017 , on Tax Procedures, as amended, and +any federal law superseding the same. + +Part Two +Scope and Rate of the Tax +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (2) +Scope of the Tax +The Tax shall be levied on: +1. Every taxable supply and deemed supply carried out by the taxable person. +2. Importation of the relevant goods except for what is specified by the Executive +Regulations of this Decree -Law. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (3) +Rate of the Tax +Subject to the provisions of Part VI of this Decree -Law, the standard rate of the tax to be +levied on any supply or importation shall be (5%) in accordance with the provisions of +article (2) hereof based on the value of the supply or importation specified in accordance +with the provisions of this Decree -Law. + + + +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 10 + " +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (4) +Responsibility for the Tax +The responsibility for the levied tax shall fall on the following: +1. The taxable person that makes any supply set forth in Clause (1) of article (2) of this +Decree- Law; +2. The importer of relevant goods; +3. The registrant acquiring goods in accordance with the provisions of Clause (3) of Article +(48) hereof. + +Part Three +Supply +Chapter One +Supply of Goods and Services + " +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (5) +Supply of Goods +The following shall be considered a supply of Goods: +1. Transfer of ownership of the Goods or the right to dispose thereof to another Person, as +determined by the Executive Regulations of this Decree -Law. +2. Concluding an agreement between two or more parties, which entails the transfer of +Goods later, under the conditions laid down in the Executive Regulations of this +Decree- Law. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (6) +Supply of Services +Each supply not considered a supply of goods shal l be deemed as a supply of services, +including any provision of services in accordance with what is determined in the Executive +Regulations of this Decree -Law. + +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 11 + " +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (7) +Supply in Special Cases +Notwithstanding the provisions contained in Articles (5) and (6) of this Decree -Law, the +following shall not be deemed as a supply: +1. Selling or issuing any Voucher, unless the received Consideration exceeds its declared +cash value, as determined by the Executive Regulations of this Decree -Law; +2. Transferring Business or independent part thereof from a Person to a Taxable Person to +continue such transferred Business; and +3. Any other supply identified by the Executive Regulations of this Decree -Law + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (8) +Supply Composed of more than one Component +The Executive Regulations of this Decree -Law shall define the conditions of the transaction +of the supply composed of more than one component for a single price, whether such +components are goods and/or services. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (9) +Supply by an Agent +1. Where goods and services are supplied by an agent acting on behalf of a principal, the supply shall be deemed to be made by the principal and for his benefit. +2. Where goods and services are supplied through an agent acting in his own name, the supply shall be treated as a direct supply by the agent and for his benefit. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (10) +Supply by Government Agencies +1. The government agency shall be deemed as making a supply in the course of business in the following cases: +a. If its activities are performed in a non -sovereign capacity. +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 12 + b. If its activities are in competition with the private sector. +2. The Cabinet shall issue a resolution, upon the proposal of the Minister, which shall +determine the government agencies, their activities considered to be performed in a +sovereign capacity and the cases where their activities are considered not in competition with the private sector. + +Chapter Two +Deemed Supply +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (11) +Cases of Deemed Supply +The following cases shall be regarded as deemed supply: +1. Supply of goods or services forming the whole assets of the taxable person or part thereof, but such goods or services no longer form part of the assets, provided that the supply is made for no consideration. +2. Transfer of goods forming part of the business assets of a taxable person in the State to +his business in one of the applying states, or from the taxable person's business in an +applying state to his business in the State, except in the case where such transfer is: +a. deemed temporary pursuant to the Customs Legislation. +b. made as part of another taxable supply of such goods. +3. Supply of goods or services for which input tax may be recovered but they have been +used in whole or in part for purposes other than the business, and such supply shall be +regarded as deemed supply within the limits of use for non- business purposes. +4. Goods and services owned by the taxable person at the date of cancellation of tax +registration. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (12) +Exceptions from the Deemed Supply +The supply shall not be regarded as deemed supply in the following cases: +1. If the amount of the input tax for the related goods and services is not refunded. +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 13 + 2. If the supply is an exempted supply. +3. If the refunded input tax on the goods and services is adjusted in accordance with the +Capital Assets Scheme. +4. If the value of the supply of goods, for each recipient during the period of twelve months, +does not exceed the amount determined by the Executive Regulations of this +Decree- Law and the supply is intended to use such goods as samples or commercial +gifts. +5. If the total output tax payable for all the deemed supplies per person for the period of +twelve months is less than the amount specified by the Executive Regulations of this +Decree- Law. + +Part Four +Tax Registration and Cancellation thereof +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (13) +Mandatory Tax Registration +1. Every Person who has a Place of Residence in the State or in one of the Applying States shall register for the Tax if: +a. The value of the supplies set forth in article (19) hereunder exceeds, during the previous (12) twelve -month period, the Mandatory Registration Threshold; or +b. It is expected that the value of the supplies set forth in article (19) hereunder will +exceed the Mandatory Registration Threshold during the next (30) thirty days. +2. Every Person who does not have a Place of Residence in the State or in one of the +Applying States shall register for the Tax if such Person makes supplies of Goods or Services and no other Person obligated to pay the Due Tax for such supplies is in the State. +3. The Executive Regulations of this Decree -Law shall determine the time limits during +which the Person shall notify the Authority of the necessity to register for the Tax and +the effective date of the Tax Registration. + +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 14 + " +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (14) +Tax Group +1. Two or more persons practicing the business may apply for the tax registration as a tax +group if the following conditions are satisfied: +a. Each of them shall have a business establishment or fixed establishment in the State. +b. The relevant persons shall be related parties. +c. One or more persons practicing the business in a partnership shall control the others. +2. The Executive Regulations of this Decree -Law shall define the cases where the Authority +may reject the application for registering the tax group. +3. No person who practices the business shall have more than one Tax Registration +Number, unless otherwise provided for in the Executive Regulations. +4. If the related parties fail to apply for the tax registration as a tax group in accordance +with Clause (1) of this Article, the Authority may assess their relation based on their +practice of the business on an economic, financial and organizational basis and register +the same as a tax group if it verifies their relation in accordance with the controls and +conditions established by the Executive Regulations of this Decree -Law. +5. The Authority may cancel the registration of the tax group under the provisions +contained in this Article, in accordance with the conditions laid down in the Executive +Regulations of this Decree -Law. +6. The Authority may make amendments to those registered as a tax group by adding or +removing some persons, upon request of the taxable person or in accordance with the +cases set out in the Executive Regulations. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (15) +Exemption from the Registration +1. The Authority may exempt the Taxable Person, whether registered or unregistered, from +the Tax Registration, upon their request, if their supplies are zero -rated only. +2. If any changes to the business of the Taxable Person who is exempted from the Tax Registration occur, pursuant to Clause (1) above, and lead, or would lead, to the +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 15 + elimination of the reason based on which they have been exempted, they shall notify the +Authority of such changes within the time limits and according to the procedures +identified by the Executive Regulations of this Decree -Law. +3. The Authority shall be entitled to collect the Due Tax and the Administrative Fines for +the period of exemption if it found that the Taxable Person is not entitled to be +exempted. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (16) +Tax Registration of Government Agencies +Government agencies to be determined by the Cabinet resolution referred to in Clause (2) of +article (10) of this Decree -Law shall apply for the tax registration and such registration may +not be cancelled except under a Cabinet resolution to be issued upon the proposal of the +Minister. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (17) +Voluntary Registration +Any person who is not liable to be registered in accordance with the provisions of this Part +may apply for the tax registration voluntarily in the following cases: +1. If such person proves, at the end of any given month, that the value of supplies set forth +in article (19) hereof or the taxable expenses incurred during the previous twelve +months has exceeded the Voluntary Registration Threshold. +2. If it is expected, at any time, that the value of supplies set forth in article (19) hereof or +the taxable expenses to be incurred during the next thirty days will exceed the Voluntary +Registration Threshold. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (18) +Tax Registration for Non -Residents +A non -resident person may not take the value of goods and services imported to the State +for the purpose of determining whether he is entitled to be registered if the calculation of tax +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 16 + for such goods and services is the responsibility of the importer in accordance with the +provisions of Clause (1) of article (48) of this Decree -Law. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (19) +Calculating the Tax Registration Threshold +For the purpose of determining whether a person exceeds the Mandatory Registration Threshold and the Voluntary Registration Threshold, the total value of the following shall be +calculated: +1. The value of taxable goods and services. +2. The value of relevant goods and relevant services received by the person if not +calculated under Clause (1) of this Article. +3. The value of the whole or relevant part of taxable supplies belonging to such person if he +acquires, in whole or in part, a business of a person who has made such supplies. +4. The value of taxable supplies made by related parties according to the cases defined by +the Executive Regulations of this Decree -Law. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (20) +Capital Assets +The supply of capital assets belonging to the person during practicing the business shall be +disregarded when determining whether a person exceeds the Mandatory Registration +Threshold or the Voluntary Registration Threshold. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (21) +Cases of Tax Deregistration +1. The Registrant shall submit to the Authority an application for the Tax deregistration in +any of the following cases: +a. If he ceases to make Taxable Supplies. +b. If the value of the Taxable Supplies made during the period of (12) twelve +consecutive months is less than the Voluntary Registration Threshold, and the case +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 17 + set out in Clause (2) of article (17) of this Decree -Law is not applicable to him. +2. The Authority may issue a Tax deregistration decision where it is convinced that the +retention of tax registration would adversely affect the tax system's integrity, pursuant to +the conditions and controls set forth in the Executive Regulations of this Decree -Law. +3. The Tax deregistration shall not invalidate the Authority's right to claim any tax due or +administrative fines. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (22) +Applying for Cancellation of Tax Registration +The registrant may submit to the Authority an application for cancellation of tax registration +if the value of the taxable supplies made during the period of previous twelve months is less +than the Mandatory Registration Threshold. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (23) +Voluntary Tax Registration Cancellation +The registrant shall not be entitled, pursuant to article (17) hereof, to submit an application +for cancellation of his tax registration within twelve months as of the date of his tax +registration. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (24) +Procedures, Controls and Conditions of Tax Registration and Cancellation +thereof +The Executive Regulations of this Decree -Law shall determine the procedures, controls and +conditions of the tax registration, cancellation thereof and rejection of applications for tax registration and its cancellation as set forth in this Part. + + + +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 18 + Part Five +Rules on Supply +Chapter One +Date of Supply + " +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (25) +Date of Supply +The tax shall be calculated on the date of supply of goods or services, which shall be the +earlier date of any of the following: +1. The date of transferring the goods if they are transferred under the supervision of the +supplier. +2. The date on which the goods are made available to the recipient if they are not +transferred under the supervision of the supplier. +3. The date on which the assembly or installation of goods is completed if there is an obligation to install and assemble the supplied goods. +4. The date on which the goods are imported in accordance with the Customs Legislation. +5. The date on which the recipient accepts the supply, or no later than twelve (12) months following the date on which the goods are transferred or made available to the recipient, +if the supply id made on a returnable basis. +6. The completion date of providing the services. +7. The date of receiving the payment or the date of issuing the tax invoice. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (26) +Date of Supply in Special Cases +1. The date of supply of Goods and Services for any contract that contains periodic +payments or consecutive invoices shall be the earliest date of the following: +a. The date of issuing any tax invoice; +b. The maturity date of the amount stated in the tax invoice; +c. The date of receiving the paid amount; or +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 19 + d. The date on which a year has lapsed following the date of supplying the goods or +services. +2. The date of supply, in cases where payment is made through vending machines, shall be the date on which the amount is collected from such machines. +3. The date of Deemed Supply of Goods or Services shall be the date of their supply, +disposal thereof, change of their use purposes or Tax deregistration, as the case may be. +4. The date of supply of Vouchers shall be the date of their issuance or supply thereafter."" + +Chapter Two +Place of Supply +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (27) +Place of Supply of Goods +The place of supply of Goods shall be in the State if such supply is made in the State and +does not involve Exportation from or Importation into the State. +2. The place of supply of installed or assembled Goods if exported from or imported to the +State shall be: +a. In the State if such Goods are assembled or installed in the State. +b. Outside the State if such Goods are assembled or installed outside the State. +3. The place of su pply of Goods that involves Exportation or Importation shall be as +follows: +a. Inside the State in the following cases: +i. If the supply involves Exportation to a place outside the Applying States; +ii. If the Recipient of Goods in an Applying State is not registered for the Tax in the +state of destination, and the total exports from the same supplier to such state +does not exceed the Mandatory Registration Threshold of such state; +iii. If the Recipient of Goods does not have a Tax Registration Number in the State +and the total exports from a supplier in an Applying State to the State exceeds the +Mandatory Registration Threshold; and +iv. If article (26.1) above is applicable and the title to Goods is transferred inside the +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 20 + State. +b. Outside the State in the following cases: +i. If the supply involves Exportation to a customer registered for the Tax purposes +in one of the Applying States. +ii. If the Recipient of Goods is not registered for the Tax purposes in one of the +applying state to which Exportation is made, and the total exports from the same +supplier to such state exceeds the Mandatory Registration Threshold of such state. +iii. If the Recipient of Goods does not have a Tax Registration Number and imports Goods from a supplier registered for the Tax in an Applying State from which +importation is made, and the total imports from the same supplier to the State do +not exceed the Mandatory Registration Threshold. +4. Goods shall not be treated as exported outside the State and then re -imported thereto if +such Goods are supplied in the State and the supply requires sending the Goods outside the State and then the re -entry thereof into the State, as per the cases defined by the +Executive Regulations of this Decree -Law. + + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (28) +Place of Supply of Water and Energy +1. The supply of water and types of energy defined by the Executive Regulations of this Decree- Law through a distribution system, shall be deemed to be made in the place of +residence of the taxable trader if the distribution is carried out by a taxable person whose place of residence in the State to a taxable trader whose place of residence in an +applying state. +2. The s upply of water and types of energy defined by the Executive Regulations of this +Decree- Law through a distribution system, shall be deemed to be made at the place of +actual consumption if the distribution is carried out by a taxable person to a non- taxable +person. + +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 21 + " +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (29) +Place of Supply of Services +The place of supply of services shall be the place of residence of the supplier. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (30) +Place of Supply in Special Cases +Notwithstanding the provisions of article (29) of this Decree -Law, the place of supply in +special cases shall be as follows: +1. If the Recipient has a place of residence in an Applying State and is registered for the tax +purposes therein, the place of supply shall be the place of residence of the Recipient. +2. If the Recipient is a Person practicing the Business and has a place of residence in the +State, and the supplier does not have a place of residence in the State, the place of supply +shall be in the State. +3. In case of the supply of Services related to Goods, such as t he Services of installation +related to Goods supplied by others, the place of supply shall be the place where such +Services are performed. +4. If the supply is leasing means of transport to a lessee who is a Untaxable Person in the +State and does not have a Tax Registration Number in an Applying State; the place of +supply shall be the place where such means of transport are made available to the +lessee. +5. In case of the supply of restaurant, hotel, and food and drink catering services; the place of supply shall be the place where such Services are actually performed. +6. In case of the supply of any cultural, artistic, sporting or educational Services or any +similar Services; the place of supply shall be the place where such services are +performed. +7. In case of the supply of Services related to a real property, as determined by the Executive Regulations of this Decree -Law, the place of supply shall be the place where +such real property is located. +8. In case of the supply of transport Services or transport -related services, the place of +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 22 + supply shall be where the transport starts. The Executive Regulations of this Decree -Law +shall determine the place of supply of transport services if the trip includes more than +one stop. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (31) +Place of Supply of Telecommunication and Electronic Services +1. The place of supply of telecommunications and electronic services stated in the +Executive Regulations of this Decree -Law shall be as follows: +a. Inside the State, if such services are used and enjoyed therein, to the extent of such +use and enjoyment. +b. Outside the State, if such services are used and enjoyed outside the State, to the +extent of such use and enjoyment. +2. The actual use and enjoyment of telecommunications and electronic services shall be where such services are used regardless of the place of contract or payment. + +Chapter Three +Place of Residence +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (32) +Business Establishment +The place of residence of the supplier or recipient shall be as follows: +1. The state where the business establishment of the person is located or where he has a fixed establishment, provided that he does not have a business establishment or fixed +establishment in any other state. +2. The state where the business establishment of the person is located or where he has a +fixed establishment, which is the most directly concerned with the supply if the business +establishment is located in more than one state or he has fixed establishments in more +than one state. +3. The state where the usual place of residence of the person is located if he has no business establishment or fixed establishment in any state. +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 23 + " +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (33) +Agents +The Place of Residence of the agent shall be the Place of Residence of the principal in the +following cases: +1. If the agent exercises, on a regular basis, the right of negotiation and entering into agreements on behalf of the principal. +2. If the agent keeps a stock of Goods to fulfill agreements for the supply thereof in favour +of the principal regularly. + +Chapter Four +Value of Supply +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (34) +Value of Supply +The value of any supply of goods or services for a consideration shall be as follows: +1. Where the supply is for a cash consideration in whole, the value of the supply shall be +the consideration less the tax. +2. Where the supply is for a consideration not in cash or a consideration not wholly in cash, +the value of the supply shall be calculated as the overall cash part plus the market rate of +the non -cash part of the consideration, and shall not include the tax. +3. In case of services received by the taxable person who is required to calculate the tax in +accordance with Clause (1) of article (48) of this Decree -Law, the value of the supply +shall be equal to the market rate of the consideration without addition of the tax +chargeable on such supply. +4. If the consideration is related to matters other than the supply of goods or services, the +supply shall be deemed to be for the part of the consideration as is properly attributable +to the supply as determined in the Executive Regulations of this Decree -Law. +The Executive Regulations of this Decree -Law shall determine the rules of defining the +market rate. + +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 24 + " +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (35) +Importation Value +The value of imported goods shall consist of: +1. The value of the goods for the customs purposes in accordance with the Customs +Legislation, including the value of insurance, freight, any customs duties and any excise +taxes to be paid on the importation of goods. The tax shall not be included in the value +of supply. +2. If it is not possible to determine the value of supply according to Clause (1) of this Article, the value shall be determined based on the alternate valuation rules set forth in the +Customs Legislation. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (36) +Value of Supply and Deemed Supply for Related Parties +Notwithstanding the provisions of Articles (34), (35) and (37) of this Decree -Law, the value +of the supply or Importation of Goods or Services between the Related Parties shall be +considered equal to the market rate if all the following conditions are fulfilled: +1. The value of the supply is less than the market rate. +2. If the supply is taxable and the Recipient of Goods or Recipient of Services is not entitled +to recover the full Tax to be levied on such supply as an Input Tax. + + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (37) +Value of Deemed Supply +Notwithstanding the provisions of Articles (34) and (35) of this Decree -Law, in case of the +deemed supply, when the taxable person purchases goods or services to make taxable supplies but he does not use the same for such purpose, the value of the supply shall be +equal to the total cost incurred by the taxable person to make such deemed supply of goods +or services. + +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 25 + " +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (38) +Tax -Inclusive Prices +The declared prices shall inclu de the tax in case of the taxable supplies. The Executive +Regulations of this Decree -Law shall determine the cases where prices do not include the +tax. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (39) +Value of Supply in case of Discount or Subsidies +When discounts are made prior to or after the date of supply or subsidies are provided by +the State to the supplier for such supply, the value of such supply shall be reduced in +proportion to such discounts or subsidies. +The Executive Regulations of this Decree -Law shall establish the conditions and rules of +calculating the tax when the discount is made. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (40) +Value of Supply of Vouchers +The value of the supply of any voucher shall be the difference between the consideration received by the supplier of the voucher and the declared cash value of the voucher. + + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (41) +Value of Supply of Postage Stamps +The value of the supply of postage stamps that enables the user to use the postal services in +the State shall be the amount shown on the postage stamp. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (42) +Temporary Transfer of Goods +If the goods are transferred temporarily from the local markets to a designated area or +outside the State to complete their manufacture or their repair for the purpose of +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 26 + re-importing the same to the State, the value of the supply, when re -imported, shall be the +value of the services performed. + +Chapter Five +Profit Margin +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (43) +Levying the Tax based on the Profit Margin +1. The registrant may, in any specific tax period, calculate and charge the tax on the basis of +the profit margin earned on the taxable supplies determined in the Executive +Regulations of this Decree -Law and not on the basis of the value of such supplies, and +shall notify the Authority thereof. +2. The Executive Regulations of this De cree- Law shall establish the conditions to be met for +the application of the provisions of this Article. + +Part Six +Zero Rate and Exemptions +Chapter One +Zero Rate +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (44) +Zero -Rated Supply and Importation +The supply and importation of goods and services specified in this Chapter made by the taxable person shall be a zero –rated supply. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (45) +Zero -Rated Goods and Services +The zero rate shall apply to the following Goods and Services: +1. The direct or indirect Exportation to outside the Applying States, as determined by the Executive Regulations of this Decree -Law. +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 27 + 2. Services of international transport of passengers and Goods, which starts or ends in the +State or passes through its territories, including Services related to such transport. +3. The air passenger transport inside the State if such transport is deemed to be +""international carriage"" in accordance with article (1) of the Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air signed in 1929. +4. The supply or Importation of air, sea and land means of transport used to transport +passengers and Goods in accordance with the classification and conditions set forth in +the Executive Regulations of this Decree -Law. +5. The supply of Goods or Services or the Importation of Relevant Goods related to the +means of transport set out in Clause (4) of this Article, which are designated for the +operation, repair, maintenance or transformation thereof. +6. The supply or Importation of rescue aircraft and salvage ships for rescue and assistance +by air or sea. +7. The supply of Goods and Services related to Services of the transport of Goods or +Passengers aboard land, air or sea means of transport, in accordance with the provisions +of Clauses (2) and (3) of this Article, which are designated for consumption on board; or +anything consumed by any means of transport, any installations or addition thereto or +any other use during the transport process. +8. The supply or importation of investment precious metals for investment purposes. The +Executive Regulations of this Decree -Law shall determine the precious metals and the +standards based on which they are deemed to be investment. +9. The first supply of residential buildings within (3) years, as of the date of completion of +construction, either through selling or leasing the same in whole or in part, in accordance +with the rules established by the Executive Regulations of this Decree -Law. +10. The first supply of buildings designed specifically to be used by Charities through selling +or leasing the same, in accordance with the rules established by the Executive +Regulations of this Decree -Law. +11. The first supply of buildings transformed from non -residential buildings to residential +ones through selling or leasing the same, in accordance with the conditions laid down in +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 28 + the Executive Regulations of this Decree -Law. +12. The supply or importation of crude oil and natural gas. +13. The supply of educational services and Related Goods and Services for nurseries, +preschool, elementary education, and higher educational institutions owned or funded by the federal or local government, as determined by the Executive Regulations of this +Decree- Law. +14. The supply of preventive and basic health care services and Related Goods and Services, +as determined by the Executive Regulations of this Decree -Law. + +Chapter Two +Exemptions + " +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (46) +Exempted Supply +The following supplies shall be exempted from the Tax: +1. The supply of financial Services as specified in the Executive Regulations of this +Decree- Law. +2. The supply of residential buildings through selling or leasing the same, except for those +zero- rated, in accordance with Clauses (9) and (11) of article (45) of this Decree -Law. +3. The supply of vacant lands. +4. The supply of local passenger transport. +The Executive Regulations of this Decree -Law shall establish the conditions and controls for +exempting the supplies mentioned in the preceding Clauses from the Tax. + +Chapter Three +Single Supply and Mixed Supplies + " +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (47) +Supply Composed of more than one Component +The Executive Regulations of this Decree -Law shall establish the controls for determining +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 29 + the tax treatment of any supply composed of more than one component for a single price, if +each component is subject to a different tax treatment. + +Chapter Four +Special Obligations for Calculating the Tax + " +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (48) +Reverse Char ge +1. If the Taxable Person imports the relevant Goods or relevant Services for the purposes of the Business thereof, such Person shall be deemed to have made a taxable supply by +himself and shall be responsible for all the Tax obligations and calculating the Due Tax +thereon. +2. Notwithstanding the provisions of Clause (1) of this Article, in case that the final +destination of the Goods when entering the State is another Applying State, the Taxable +Person shall pay the Due Tax on Importation of relevant Goods according to the +mechanism specified in the Executive Regulations of this Decree -Law. +3. If a Registrant makes a taxable supply in the State of any crude or refined oil, +unprocessed or processed natural gas or Pure Hydrocarbons to another Registrant and +the Recipient of Goods intends to either resell the purchased Goods as crude or refined oil, unprocessed or processed natural gas or Pure Hydrocarbons, or use the same to +produce or distribute any type of energy, the following rules shall apply: +a. The Registrant making the supply shall not charge the Tax on the value of the supply +of Goods stated in this Paragraph. +b. The Recipient of Goods shall calculate the Tax on the value of Goods supplied thereto and shall be responsible for all Tax obligations and calculating the due tax +thereon. +4. The provisions of Clause (3) of this Article shall not apply to any of the following cases: +a. If the Recipient of such Goods fails, before the date of supply, to submit a written +confirmation to the supplier that his acquisition of the Goods is for the purpose of +resale or to be used for producing and distributing any type of energy. +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 30 + b. If the Recipient of such Goods fails, before the date of supply, to submit a written +confirmation to the supplier that he is a Registrant and the supplier fails to verify the +Tax Registration of the Recipient of such Goods by the means approved by the +Authority, in accordance with the data contained in the confirmation. +c. If the taxable supply is zero -rated, in accordance with Clause (1) of article (45) of this +Decree- Law. +d. If the taxable supply includes a supply of Goods or Services other than the Goods set +out in Clause (3) of this Article. +5. If the Recipient of any Goods of crude or refined oil, unprocessed or processed natural +gas, or Pure Hydrocarbons confirms in writing to the supplier that he is a Registrant for +the purposes of applying Clause (3) of this Article, the following shall apply: +a. The supplier shall not be responsible for calculating the tax related to the supply +unless he knows or is supposed to know that the Recipient is not a Registrant on the +date of supply. +b. The recipient shall be obligated to calculate the Due Tax for the supply. +6. If the supplier mentioned in Paragraph (a) of Clause (5) of this Article is supposed to know that the Recipient of Goods is not registered for tax purposes on the date of +supply, the supplier and Recipient of Goods shall be jointly and severely liable for the +Due Tax and relevant fines in relation to the supply. +7. The Executive Regulations of this Decree -Law shall determine the following: +a. Conditions and cases of applying the mechanism set out n Clause (1) of this Article. +b. Additional duties related to record keeping for calculation of the Tax according to the +mechanism set out in Clause (1) of this Article. +c. The Cabinet may issue a resolution identifying other Goods or Services that are subject to the reverse charge mechanism, along with identifying terms and +conditions related thereto. + + + +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 31 + " +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (49) +Importation of Relevant Goods +The person other than the registrant shall pay the due tax on the importation of relevant +goods from outside the applying states at the date of importation according to the payment +mechanism specified by the Executive Regulations of this Decree -Law. + +Chapter Five +Designated Areas + " +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (50) +Designated Area +The ""Designated Area"" that meets the conditions established in the Executive Regulations of +this Decree- Law shall be treated as being outside the State. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (51) +Transfer of Goods in Designated Areas +1. Goods may be transferred from one designated area to another designated area without any tax due thereon. +2. The Executive Regulations of this Decree -Law shall determine the procedures and +conditions for the transfer of goods from and to a designated area and the method of +maintaining, storing and processing such goods therein. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (52) +Exceptions for Designated Areas +Notwithstanding the provisions of article (50) of this Decree -Law, the Executive Regulations +of this Decree -Law shall establish the conditions under which the business practiced in the +designated areas shall be deemed to be practiced inside the State. + + +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 32 + Part Seven +Calculation of the Due Tax +Chapter One +Due Tax for a Tax Period + " +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (53) +Calculation of the Payable Tax +The payable tax for any tax period shall be calculated as being equal to the total output tax +payable in accordance with the provisions of this Decree -Law, made during the tax period +less the total refundable input tax by the taxable person during the same tax period. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (54) +Refundable Input Tax +1. The input tax that is refundable by the taxable person for any tax period shall be the total +sum of the input tax paid for goods and services used or intended to be used for making +any of the following: +a. Taxable Supplies; +b. Supplies to be made outside the State when being taxable supplies if they are made +in the State. +c. Supplies specified in the Executive Regulations of this Decree -Law that are made +outside the State, and would have been treated as exempted from the tax if they are +made inside the State. +2. If a taxable person imports goods through another applying state and the intended final +destination of such goods is the State at the time of importation, the taxable person shall +be entitled to treat the tax paid for importation of goods to the applying state as a +refundable input tax under the conditions specified in the Executive Regulations of this +Decree- Law. +3. If a taxable person transfers goods to the State after being imported thereto in an applying state, the taxable person shall be entitled to treat the tax paid for the goods in +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 33 + the applying state as a refundable input tax subject to the conditions specified in the +Executive Regulations of this Decree -Law. +4. The taxable person shall not be entitled to recover the input tax in respect of the tax paid in accordance with Clause (2) of article (48) of this Decree -Law. +5. The Executive Regulations of this Decree -Law shall determine the cases where the input +tax is excepted from being refunded. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (55) +Refund of Refundable Input Tax in the Tax Period +1. Subject to the provisions of article (56) of this Decree -Law, the Refundable Input Tax +may be deducted under the Tax Return relating to the first Tax Period in which the +following conditions are met: +a. Where any of the following cases are fulfilled: +i. The Taxable Person receives and keeps the Tax Invoice, in accordance with the +provisions of this Decree -Law, provided that the tax invoice contains the details +of the supply related to the input tax, or keeps any other document, pursuant to Clause (3) of article (65) of this Decree -Law in respect of the supply for which the +input Tax is paid. +ii. The Taxable Person imports Goods and receives and keeps invoices and importation documents, pursuant to the provisions of this Decree -Law and the +Executive Regulations thereof, for the Importation for which the Input Tax has +been paid or stated in the Tax Return. +iii. The Taxable Person imports Ser vices and receives and keeps invoices, pursuant +to the provisions of this Decree -Law and the Executive Regulations thereof, for +the importation on which the input Tax has been stated in the Tax Return. +b. The Taxable Person pays the Consideration or any part thereof, as determined in the Executive Regulations of this Decree -Law. +2. If the Taxable Person entitled to recover the input Tax fails to do so during the Tax Period +in which the conditions stated in Clause (1) of this Article are met, he may include the +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 34 + refundable input Tax in the Tax Return for the subsequent Tax Period. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (56) +Input Tax Paid before the Tax Registration +1. The registrant may recover the refundable input tax paid before the tax registration +under the tax return submitted for the first Tax Period following the tax registration, paid +for all of the following: +a. Supply of goods and services made to him prior to the date of tax registration. +b. Importation of goods by him prior to the date of tax registration. on the condition that such goods and services are used to make supplies that give the right to refund +after the tax registration. +2. Notwithstanding the provisions of Clause (1) of this Article, the input tax may not be +refunded in any of the following cases: +a. Receiving goods and services for purposes other than making taxable supplies. +b. The input tax related to the depreciated part of the Capital Assets before the date of +tax registration. +c. If the services are received more than five years prior to the date of tax registration. +d. If a person transfers the goods to an applying state prior to the tax registration in the +State. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (57) +Refund of Tax by Government Agencies and Charities +1. ""Without prejudice to the general provisions o input tax r efund, a Cabinet resolution, to +be issued upon the proposal of the Minister, shall determine the Government Agencies +and Charities entitled to recover the full amount of the input Tax according to the +following: +a. The Input Tax paid by the Government Agency for the purposes of its sovereign +activities. +b. The Input Tax paid by the Charity for the purposes of its relevant Charitable Activity. +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 35 + 2. Notwithstanding the provisions of Clause (1) above, the following shall be excluded +from the refund: +a. The Tax excluded from refund, in accordance with the provisions of the Executive Regulations of this Decree -Law. +b. The Tax paid for Goods and Services used to make exempted supplies."" + +Chapter Two +Apportionment and Adjustment of the Input Tax + " +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (58) +Calculating the Refundable Input Tax +The Executive Regulations of this Decree -Law shall specify the method in which the +refundable input tax is calculated, if the input tax is paid for goods or services during a specific tax period to make supplies that give the right to refund pursuant to the provisions of article (54) and other supplies that do not give the right to refund, or for activities +performed not in the course of practicing the business. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (59) +Conditions and Mechanism of Input Tax Adjustment +The Executive Regulations of this Decree -Law shall determine the conditions and +mechanism for adjusting the input tax in the following cases: +1. If the taxable person attributes the Input Tax, either fully or partially, to make Taxable +Supplies, but changed the use, or the intended use, of those Goods or services prior to +making the Taxable Supplies. +2. If the taxable person attributes the Input Tax, either fully or partially, to make Exempt +Supplies, or for activities that do not fall within the conduct of Business, but changed the use or the intended use of the those goods or services related to the Input Tax prior to +making Exempt Supplies. + + +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 36 + Chapter Three +Capital Assets Scheme + " +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (60) +Capital Assets Scheme +1. If a capital asset is supplied or imported by a taxable person, the latter shall assess the +period of use of such asset and make the necessary adjustments to the Input Tax paid +pursuant to the Capital Assets Scheme. +2. A taxable person shall keep the records related to capital assets for at least ten years. +3. The Executive Regulations of this Decree -Law shall determine the following: +a. Capital assets subject to the provisions of this Decree -Law and their estimated useful +life. +b. The method of adjusting capital assets and the periods for which adjustments should +be made. +c. The cases where the period for keeping records of capital asset records is extended. + +Chapter Four +Adju stment of Tax after the Supply Date +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (61) +Cases and Conditions for Output Tax Adjustments +""The Registrant shall adjust the output Tax after the date of supply in any of the following cases: +a. If the supply is cancelled. +b. If the Tax treatment of the supply is changed due to a change in the nature of the +supply. +c. If the previously agreed Consideration for the supply is altered for any reason whatsoever. +d. If the Recipient of Goods or Recipient of Services returned them to the Registrant in +full or in part and the Consideration is returned in full or in part. +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 37 + e. If the tax is levied or tax transaction is applied erroneously. +2. Paragraph (e) of Clause (1) of this Article shall not apply where the place of supply was +treated by the supplier on the date of supply as being subject to Clause (1) of article (27), +but, as a result of a movement of the Goods, it turned out that it should have been treated as a supply place under paragraph (b/1) of Clause (3) hereof. +3. In order to adjust the output Tax, any of the following conditions shall be met: +a. If the output Tax amount charged on the supply stated in the Tax Invoice does not +match the Tax that shall actually be charged on the supply as a result of any of the +cases mentioned in Clause (1) of this Article. +b. If the Registrant submits a Tax Return for the tax period during which the supply +occurred and an amount was incorrectly calculated as being the amount of the +output Tax due for this supply as the result of any of the cases mentioned in Clause +(1) of this Article."" + + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (62) +Mechanism for Output Tax Adjustment +The output tax shall be adjusted according to the following: +1. If the output Tax due for the supply exceeds the output Tax calculated by the Registrant, +the Registrant shall issue a new Tax Invoice and shall calculate the additional amount of +the Payable Tax during the period which such an increase was identified. +2. If the output Tax calculated by the Registrant exceeds the output Tax which should have +been charged on the supply, the Registrant shall issue a Tax Credit Note according to the provisions of this Decree -Law, not later than (14) fourteen days of the date on which any +of the cases set out in Clause (1) of article (61) hereof occurs. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (63) +Adjustment due to the Issuance of Tax Credit Notes +Without prejudice to Clause (2) of article (62) of this Decree -Law, if the registrant issues a +Tax Credit Note to correct output tax charged to the recipient of goods or recipient of +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 38 + services, the tax stated in the Tax Credit Note shall be considered as: +1. A reduction of the output tax for the registrant of this tax credit note. +2. A reduction of the Input Tax by the recipient of goods or recipient of services for the Tax +Period during which the tax credit note was received. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (64) +Adjustment of Bad Debts +1. The registered supplier may reduce the output tax in a current tax period to adjust the output tax paid for any previous tax period if all of the following conditions are met: +a. Goods and services are supplied and the due tax is charged and paid. +b. the consideration for the supply is written off in full or part as a bad debt in the +accounts of the supplier. +c. The lapse of more than six (6) months following the date of supply. +d. The registered supplier notifies the recipient of goods and recipient of services of the amount of consideration for the supply that has been written off. +2. The registered recipient of goods or recipient of services shall reduce the refundable +input tax for the current tax period related to a supply received during any previous tax +period where the consideration has not been paid and all of the following conditions are +met: +a. The registered supplier reduced the output tax as stated in Clause (1) of this Article +and the recipient of goods and the recipient of Services has received a notification from the supplier of the Consideration being written off. +b. The recipient of goods and recipient of services received the Goods and services and +the relevant Input Tax was deducted. +c. The Consideration was not paid in full or in part for the supply for over (6) six +months. +3. The reduction stated in Clause (1) and (2) shall be equal to the Tax related to the +consideration which has been written off according to paragraph (b) of Clause (1) of this +Article. +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 39 + Chapter Five +Tax Invoices +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (65) +Conditions and Requirements for Issuing Tax Invoices +1. ""The Registrant shall, when making a Taxable Supply, issue an original Tax Invoice and +deliver it to the Recipient of Goods or Services. +2. The Registrant shall, when making a Deemed Supply, issue an original Tax Invoice and +deliver it to the Recipient of Goods or Services, if any, or keep it in his records if there is no Recipient of Goods or Services. +3. The Executive Regulations of this Decree -Law shall determine the following: +a. The data to be included in the Tax Invoice. +b. The conditions and procedures necessary for the issuance of an electronic Tax Invoice. +c. The cases where the Registrant is not obligated to issue and deliver a Tax Invoice to the Recipient. +d. The cases where other documents may be issued instead of the Tax Invoice, the +conditions thereof and the data to be contained therein. +e. The cases where a Person may issue a tax invoice on behalf of the registered supplier. +4. Any Person receiving any amount as Tax or for which a Tax Invoice is issued shall pay +such amount to the Authority, and shall receive the same Tax treatment of the tax due +under the provisions of this Decree -Law."" + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (66) +Document of Supply to an Applying State +Subject to the provisions of article (65) of this Decree -Law, each registrant who supplies +goods or services considered to be supplied in any of the applying states, shall deliver to the +recipient of goods and services a document containing all the information to be stated in the +tax invoice and any other data as specified in the Executive Regulations of this Decree -Law, +provided that such document is not titled ""Tax Invoice"" and does not contain any levied tax +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 40 + amount. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (67) +Date of Issuance of Tax Invoices +1. The Registrant shall issue the Tax Invoice within (14) days as of the date of the supply set +forth in article (25) and (26) of this Decree -Law. +2. The Executive Regulations of this Decree -Law shall identify the cases that are subject to +time limits other than the ones stated in Clause (1) above, or cases where the Tax Invoice shall be promptly issued, as per the controls set forth therein. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (68) +Rounding in Tax Invoices +For the purposes of determining the tax stated in the tax invoice, the Executive Regulations +of this Decree -Law shall define the method of calculation and the total value to be paid if the +tax is less than one fils of a UAE Dirham. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (69) +Currency Used in Tax Invoices +For the purposes of the tax invoice, if the supply is made in a currency other than the UAE +Dirham, the amount stated in the tax invoice shall be converted into the UAE Dirham +according to the exchange rate approved by the Central Bank in the State at the date of the +supply. + +Chapter Six +Tax Credit Notes +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (70) +Conditions and Requirements for Issuing Tax Credit Notes +1. The Registrant shall issue an original tax credit note when there is a reduction of the +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 41 + output tax on any supply made thereby pursuant to the provisions of Clause (2) of +article (62) of this Decree -Law and shall deliver the same to the recipient of goods or +recipient of services. +2. The registrant shall, when making a deemed supply, issue an original tax credit note if there is a reduction of the output tax on such supply pursuant to the provisions of Article +(61) of this Decree -Law and shall keep the same in his records. +3. The Executive Regu lations of this Decree -Law shall determine the following: +a. The basic data to be included in the tax credit note in cases where the taxable person +is obligated to issue such note. +b. The conditions and procedures necessary for the issuance of an electronic tax credit +note. +c. The cases where the registrant is not obligated to issue and deliver a tax credit note +to the recipient of goods or services. +d. The cases where other documents may be issued in instead of the tax credit note, the +conditions thereof and the data to be included therein. +e. The cases where a person may issue a tax credit note on behalf of the registered supplier. + +Part Eight +Tax Period, Tax Returns, Tax Payment and Refund of Tax +Chapter One +Tax Period +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (71) +Duration of the Tax Period +The Executive Regulations of this Decree -Law shall determine the tax period for which the +taxable person shall calculate and pay the tax and the exceptional cases in which the +Authority may amend the tax period. + + +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 42 + Chapter Two +Tax Returns and Payment of the Tax +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (72) +Submission of Tax Returns +1. The taxable person shall submit to the Authority the tax return at the end of each tax +period, within the time limits and in accordance with the procedures determined by the +Executive Regulations of this Decree -Law to declare all the supplies made or received +during such period. +2. The government agencies that may submit simplified tax returns to the Authority shall be determined by a Cabinet resolution issued upon the recommendation of the Minister. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (73) +Payment of the Tax +The Executive Regulations of this Decree -Law shall determine the time limits and +procedures for payment of the tax shown in the tax return as payable in accordance with the provisions of this Decree -Law. + +Chapter Three +Carrying forward the Excess of Refundable Tax and Tax Refund +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (74) +Excess Refundable Tax +1. Notwithstanding the provisions of the Executive Regulations of this Decree -Law, the +taxable person shall carry forward any excess of the refundable tax to the subsequent +tax periods and offset such excess against the payable tax or any administrative fines +imposed pursuant to the provisions of this Decree -Law or Federal Law No. (7) of 2017 +on Tax Procedures in the subsequent tax periods until such excess is fully utilized, in the +following cases: +a. If the refundable input tax of the taxable person, pursuant to this Decree -Law, +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 43 + exceeds the payable output tax for the same tax period. +b. If the tax paid by the taxable person to the Authority exceeds the payable tax in +accordance with the provisions of this Decree -Law, other than the case referred to in +paragraph (a) of Clause (1) of this Article. +2. If there is any excess for any tax period after being carried forward for a period of time, +the taxable person may submit to the Authority an application for requesting the refund +of such excess. The Executive Regulations of this Decree -Law shall determine the time +limits, procedures and mechanisms of returning any remaining excess to the taxable +person. + +Chapter Fou r +Further Provisions on Tax Refund +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (75) +Tax Refund in Special Cases +The Authority may, according to the conditions, rules and procedures set forth in the +Executive Regulations of this Decree -Law, refund the tax paid for any supply or importation +made by any of the following: +1. A national of the State with regard to the goods and services related to the construction +of a new house, which is not part of the person's business. +2. A non -resident person in the State or an applying state, who practices the business and is +not a taxable person. +3. A non -resident person with regard to the goods supplied for him in the State that will be +exported. +4. Foreign governments, international organizations, diplomatic bodies and missions in +accordance with the conventions to which the State is a party. +5. Any persons or categories to be determined under a Cabinet resolution, upon the +proposal of the Minister. + + +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 44 + Part Nine +Violations and Penalties +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (76) +Administrative Fine Assessment +Without prejudice to the provisions of the Tax Procedures Law, the Authority shall issue an +Administrative Fine Assessment to the Person and notify him thereof within five (5) working +days as of the date of issuance, in any of the following cases: +1. Failure by the Taxable Person to display the tax -inclusive prices, in accordance with the +provisions of article (38) of this Decree -Law; +2. Failure by the Taxable Person to notify the Authority of applying the Tax based on the +margin, in accordance with the provisions of article (43) of this Decree -Law; +3. Failure to adhere to the conditions and procedures to be followed for keeping the Goods +in a designated area or moving them to another designated area; +4. Failure by the Taxable Person to issue the Tax Invoice or a substitute document when making any supply; +5. Failure by the Taxable Person to issue the Tax Credit Note or a substitute document; or +6. Failure by the Taxable Person to comply with the conditions and procedures related to the issuance of the Tax Invoice and the Tax Credit Note electronically. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (77) +Tax Evasion +Without prejudice to the Tax Evasion cases set forth in the Tax Procedures Law, if it is proved +that a Person who is not a Registrant acquires Goods in accordance with Clause (3) of Article +(48) of this Decree -Law, and claims that he is a Registrant, he shall be deemed to have +committed a Tax evasion and shall be punished in accordance with the provisions of the Tax +Procedures Law. + + +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 45 + Part Ten +General Provisions +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (78) +Record Keeping +Without prejudice to the provisions related to record keeping contained in any other law, +every taxable person shall keep the following documents: +a. Records of all supplies or importation of goods and services; +b. All tax invoices and substitute documentation related to the receipt of goods or services; +c. All tax credit notes and substitute documentation received; +d. All tax invoices and substitute documentation issued; +e. All tax credit notes and substitute documentation issued; +f. Records of goods and services that have been disposed of or used for matters not related +to the business, referring to the tax paid for the same; +g. Records of goods and services purchased and for which the input tax has not been deducted; +h. Records of goods and services exported; +i. Records of adjustments and corrections made to the accounts and tax invoices. +j. Records of any taxable supplies made or received in accordance with Clause (3) of +article (48) of this Decree- Law, including any declarations submitted or received with +regard to such taxable supplies; +k. A tax record containing the following data: +a. The due tax on the taxable supplies; +b. The due tax on the taxable supplies according to the mechanism set out in Clause (1) of article (48) of this Decree -Law; +c. The due tax after the correction or amendment of an error; +d. The refundable tax for the supplies or importation; +e. The refundable tax after the correction or amendment of an error. The Executive +Regulations of this Decree -Law shall determine the following: +a. Periods, rules and conditions for keeping the records set forth in Clause (1) of this +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 46 + Article. +b. Rules and procedures for maintaining the confidentiality of the records to which +the Authority may have access in the case of the government agencies mentioned +in Clause (2) of article (72) of this Decree -Law. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (79) +Tax Registration Number +The taxable person or any person authorized in writing thereby shall mention the Tax Registration Number in each tax return, notice, tax invoice, tax credit note, any other +document related to the tax and any correspondences set forth in this Decree -Law or +Federal Law No. (7) of 2017 on Tax Procedures referred to above. + +Article (79 -bis) +Statute of Limitations +1. Notwithstanding the cases set forth in Clauses (2), (3), (6) and (7) of this Article, the +Authority shall not carry out a Tax Audit or issue a Tax Assessment for the Taxable +Person following the lapse of (5) five years from the end of the relevant Tax Period. +2. The Authority may carry out a Tax Audit or issue a Tax Assessment for the Taxable Person following the lapse of (5) five years from the end date of the relevant Tax Period, if the same is notified that the procedures of such Tax Audit have been commenced +before the lapse of the (5) five years; provided that the Tax Audit shall be carried out or +the Tax Assessment shall be issued, as the case may be, within (4) four years from the date of notification of the Tax Audit. +3. The Authority may carry out a Tax Audit or issue a Tax Assessment following the lapse of (5) five years from the end date of the relevant Tax Period if such Tax Audit or the Tax +Assessment issuance is related to a Voluntary Disclosure had been provided in the fifth +year of the end of the Tax Period; provided that the Tax Audit or the Tax Assessment issuance, as the case may be, is carried out within one year from the date of providing +the Voluntary Disclosure. +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 47 + 4. The Cabinet may, at the Minister's proposal, issue a resolution adjusting the time limit +specified for completing the Tax Audit or issuing the Tax Assessment, pursuant to +Clauses (2) or (3) above. +5. No Voluntary Disclosure may be provided following the lapse of (5) five years from the +end date of the relevant Tax Period. +6. In case of Tax Evasion, the Authority may carry out a Tax Audit or issue a Tax Assessment +within (15) fifteen years from the end of the Tax Period within which the Tax Evasion +occurs. +7. In case of tax registration failure, the Authority may carry out a Tax Audit or issue a Tax +Assessment within (15) fifteen years from the date on which the Taxable Person would +have been required to proceed with the Tax Registration. +8. The statute of limitations set out in this Article shall be interrupted for any of the reasons +set forth in Federal Law No. (5) of 1985, Enacting the Law of Civil Transactions, or any +other federal law superseding the same. + +Part Eleven +Final Provisions +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (80) +Transitional Provisions +1. If the supplier receives the Consideration or any part thereof or issues an invoice for +Goods or Services prior to the date of entry into force of this Decree -Law, the date of +supply shall be the same as the date of entry into force of the provisions of this +Decree- Law in the following cases if the same is made following the date of entry into +force of this Decree -Law: +a. Transferring Goods under the supervision of the supplier. +b. Placing Goods at the disposal of the Recipient. +c. Completing the assembly or installation of the Goods. +d. Issuing the customs declaration. +e. Accepting the supply by the Recipient. +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 48 + 2. In case of entering into an agreement prior to the date of ent ry into force of this +Decree- Law, which is related to a complete or partial supply made following the date of +entry into force of this Decree -Law and does not contain provisions on the tax +chargeable on such supply, it shall be treated as follows: +a. The Consideration shall be considered inclusive of the tax if levied under this +Decree- Law. +b. The Tax shall be calculated on the supply regardless of whether or not it has been +taken into account when determining the Consideration for the supply. +3. The Executive Regulations of this Decree -Law shall provide for the provisions on the +application of this Decree -Law to the case where the agreement is made prior to the date +of entry into force of this Decree -Law, but the supply is made wholly or partly after the +date of entry into force of this Decree -Law. +3. +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (81) +Revenue Sharing +The tax revenues and administrative fines to be collecte d in accordance with the provisions +of this Decree- Law shall be subject to sharing between the Federal Government and the +Emirates Governments, pursuant to the provisions of Federal Decree- Law No. (13) of 2016 +on the Establishment of the Federal Tax Authority. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (82) +The Executive Regulations +The Cabinet shall, upon the proposal of the Minister, issue the Executive Regulations of this +Decree- Law. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (83) +Matters not stipulated herein shall be subject to the provisions of the Tax Procedures Law. + + +Federal Decree- Law No. (8) of 2017 on Value -Added Tax (VAT) 49 + " +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (84) +Repeal of Conflicting Provisions +Any text or provision inconsistent or discrepant with the provisions of this Decree -Law is +hereby repealed. + +" +tax,Federal Decree by Law No. (8) of 2017 Concerning Value-Added Tax (VAT),"Article (85) +Publishing and Entry into Force +This Decree -Law shall be published in the Official Gazette and shall enter into force as of 1st +January 2018. + +Khalifa bin Zayed Al Nahyan +President of the United Arab Emirates + +Issued by us in the Presidential Palace, Abu Dhabi +On: 01 Dhul Hijjah 1438 AH. +Corresponding to 23 August 2017 AD. + + " +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (1) + Definitions +In the application of the provisions of this Decree -Law, the following words and expressions +shall have meanings assigned against each, unless the context otherwise requires: + State : United Arab Emirates. + Federal +Government : The government of the United Ar ab Emirates. + Local +Government : Any of the governments of the Member Emirates of the +Federation. + Ministry : Ministry of Finance. +Federal Law No. (47) of 2022 on Corporate and Business Tax 3 + Minister : Minister of Finance. + Authority : Federal Tax Authority. + Corporate Tax : The tax imposed by this Decre e-Law on juridical persons and +Business income. + Business : Any activity conducted regularly, on an ongoing and +independent basis by any Person and in any location, such as +industrial, commercial, agricultural, vocational, professional, +service or excava tion activities or any other activity related to the +use of tangible or intangible properties. + Qualifying +Income : Any income derived by a Qualifying Free Zone Person that is +subject to Corporate Tax at the rate specified in paragraph (a) of +Clause 2 of Article 3 of this Decree- Law. + Government +Entity : The Federal Government, Local Governments, ministries, +government departments, government agencies, authorities and +public institutions of the Federal Government or Local +Governments. + Government +Contr olled +Entity : Any juridical person, directly or indirectly wholly owned and +controlled by a Government Entity, as specified in a resolution +issued by the Cabinet at the suggestion of the Minister. + Person : Any natural person or juridical person. + Bus iness +Activity : Any transaction or activity, or series of transactions or series of +activities conducted by a Person in the course of its Business. + Mandated +Activity : Any activity conducted by a Government Controlled Entity in +accordance with the leg al instrument establishing or regulating +the entity, that is specified in a resolution issued by the Cabinet +at the suggestion of the Minister. + State's +Territory : The State's lands, territorial sea and airspace above it. + Natural +Resources : Water, o il, gas, coal, naturally formed minerals, and other +non -renewable, non- living natural resources that may be +Federal Law No. (47) of 2022 on Corporate and Business Tax 4 + extracted from the State's Territory. + Extractive +Business : The Business or Business Activity of exploring, extracting, +removing, or otherwise pr oducing and exploiting the Natural +Resources of the State or any interest therein as determined by +the Minister. +Non -Extractiv +e Natural +Resource +Business : The Business or Business Activity of separating, treating, refining, +processing, storing, transpo rting, marketing or distributing the +Natural Resources of the State. + Qualifying +Public Benefit +Entity : Any entity that meets the conditions set out in Article 9 of this +Decree -Law and that is listed in a resolution issued by the +Cabinet at the suggesti on of the Minister. + Qualifying +Mutual Fund : Any entity whose principal activity is the issuing of investment +interests to raise funds or pool investor funds or establish a joint +mutual fund with the aim of enabling the holder of such an +investment inte rest to benefit from the profits or gains from the +entity's acquisition, holding, management or disposal of +investments, in accordance with the applicable legislation and +when it meets the conditions set out in Article 10 of this +Decree -Law. + Exempt +Perso n : A Person exempt from Corporate Tax under Article 4 of this +Decree -Law. + Taxable +Person : A Person subject to Corporate Tax in the State under this +Decree -Law. + Licensing +Authority : The competent authority concerned with licensing or authorizing +a Business or Business Activity in the State. + License : A document issued by a Licensing Authority under which a +Business or Business Activity is conducted in the State. + Taxable +Income : The income that is subject to Corporate Tax under this +Decree -Law. +Federal Law No. (47) of 2022 on Corporate and Business Tax 5 + Fiscal Year : The period specified in Article 57 of this Decree -Law. + Tax Return : Information filed with the Authority for Corporate Tax purposes +in the form and manner as prescribed by the Authority, including +any schedule or attachment thereto, and any amendment +thereof. + Tax Period : The period for which a Tax Return is required to be filed. + Related Party : Any Person associated with a Taxable Person as determined in +Clause 1 of Article 35 of this Decree -Law. + Revenue : The gross amount o f income derived during a Tax Period. + Recognized +Stock +Exchange : Any stock exchange established in the State that is licensed and +regulated by the relevant competent authority, or any stock +exchange established outside the State of equal standing. + Resident +Person : The Taxable Person specified in Clause 3 of Article 11 of this +Decree -Law. + Non -Resident +Person : The Taxable Person specified in Clause 4 of Article 11 of this +Decree -Law. + Free Zone : A designated and defined geographic area within t he State that is +specified in a decision issued by the Cabinet at the suggestion of +the Minister. + Free Zone +Person : A juridical person incorporated, established or otherwise +registered in a Free Zone, including a branch of a Non -Resident +Person registe red in a Free Zone. + +Unincorporate +d Association : A relationship established under a contract between two or more +Persons, such as a partnership or trust or any other similar +association of Persons, in accordance with the applicable +legislation of the St ate. + Permanent +Establishment : A place of Business or other form of presence in the State of a +Non -Resident Person in accordance with Article 14 of this +Decree -Law. + State Sourced : Income accruing in, or derived from, the State as specified in +Federal Law No. (47) of 2022 on Corporate and Business Tax 6 + Income Article 13 of this Decree -Law. + Qualifying +Free Zone +Person : A Free Zone Person that meets the conditions of Article 18 of this +Decree -Law and is subject to Corporate Tax under Clause 2 of +Article 3 of this Decree -Law. + Investment +Manager : A Person who provides brokerage or investment management +services that is subject to the regulatory oversight of the +competent authority in the State. + Corporate Tax +Payable : Corporate Tax that has or will become due for payment to the +Authority in respect of on e or more Tax Periods. + Foreign +Partnership : A relationship established by contract between two or more +Persons, such as a partnership or trust or any other similar +association of Persons, in accordance with laws of a foreign +jurisdiction. + Foreign Tax +Credit : Tax paid under the laws of a foreign jurisdiction on income or +profits that may be deducted from the Corporate Tax due, in +accordance with the conditions of Clause 2 of Article 47 of this +Decree -Law. + Family +Foundation : Any foundation, trust or similar entity that meets the conditions +of Article 17 of this Decree -Law. + Interest : Any amount accrued or paid for the use of money or credit, +including discounts, premiums and profit paid in respect of an +Islamic financial instrument and other pay ments economically +equivalent to interest, and any other amounts incurred in +connection with the raising of finance, excluding payments of +the principal amount. + Accounting +Income : The accounting net profit or loss for the relevant Tax Period as +per the financial statements prepared in accordance with the +provisions of Article 20 of this Decree -Law. + Exempt +Income : Any income exempt from Corporate Tax under this Decree -Law. + +Federal Law No. (47) of 2022 on Corporate and Business Tax 7 + Connected +Person : Any Person affiliated with a Taxable Person as determine d in +Clause 2 of Article 36 of this Decree -Law. + Tax Loss : Any negative Taxable Income as calculated under this +Decree -Law for a given Tax Period. + Qualified +Business +Activity : Any activity that is specified in a decision issued by the Cabinet at +the suggestion of the Minister . + Foreign +Permanent +Establishment : A place of Business or other form of presence outside the State of +a Resident Person that is determined in accordance with the +criteria prescribed in Article 14 of this Decree -Law. + Market V alue : The price which could be agreed in an arm's -length free market +transaction between Persons who are not Related Parties or +Connected Persons in similar circumstances. + Qualifying +Group : Two or more Taxable Persons that meet the conditions of Claus e +2 of Article 26 of this Decree -Law. + Net Interest +Expense : Interest expense minus interest income as determined in +accordance with the provisions of this Decree -Law. + Bank : A Person licensed in the State as a bank or finance institution or +an equiv alent licensed activity that allows the taking of deposits +and the granting of credits as defined in the applicable legislation +of the State. + Insurer : A Person licensed in the State as an Insurer that accepts risks by +entering into or carrying out cont racts of insurance, in both the +life and non -life sectors, including contracts of reinsurance and +captive insurance, as defined in the applicable legislation of the +State. + Control : The direction and influence over one Person by another Person +in accord ance with the conditions of Clause 2 of Article 35 of this +Decree -Law. + Tax Group : Two or more Taxable Persons treated as a single Taxable Person +Federal Law No. (47) of 2022 on Corporate and Business Tax 8 + according to the conditions of Article 40 of this Decree -Law. + Withholding +Tax Credit : The Corporate Tax amount that can be deducted from the +Corporate Tax due in accordance with the conditions of Clause 2 +of Article 46 of this Decree -Law. + Withholding +Tax : Corporate Tax to be withheld from State Sourced Income in +accordance with Article 45 of this Decree -Law. + Tax +Registration : A procedure under which a Person registers for Corporate Tax +purposes with the Authority. + Tax +Registration +Number : A unique number issued by the Authority to each Person who is +registered for Corporate Tax purposes in the State . + Tax +Deregistration : A procedure under which a Person is deregistered for Corporate +Tax purposes with the Authority. + Tax +Procedures +Law : The federal law that governs tax procedures in the State. + +Administrativ +e Fines : Amounts imposed and collec ted under this Decree -Law or the +Tax Procedures Law. + +Chapter Two + Imposition of Corporate Tax and Applicable Rates +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (2) +Imposition of Corporate Tax +Corporate Tax shall be imposed on Taxable Income, at the rates determined under this +Decree- Law, and is payable to the Authority under this Decree -Law and the Tax Procedures +Law. + + +Federal Law No. (47) of 2022 on Corporate and Business Tax 9 + " +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (3) +Corporate Tax Rate +1. Corporate Tax shall be imposed on the Taxable Income at the following rates: +a. 0% (zero percent) on the portion of the Taxable Income not exceeding the amount +specified by virtue of a resolution to be issued by the Cabinet at the suggestion of the +Minister. +b. 9% (nine percent) on Taxable Income that exceeds the amount specified by virtue of +a resolution to be resolution issued by the Cabinet at the suggest ion of the Minister. +2. Corporate Tax shall be imposed on a Qualifying Free Zone Person at the following rates: +a. 0% (zero percent) on Qualifying Income. +b. 9% (nine percent) on Taxable Income that is not Qualifying Income under Article 18 +of this Decree -Law and any resolution issued by the Cabinet at the suggestion of the +Minister in respect thereof. + +Chapter Three +Exempt Person +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (4) +Exempt Person +1. The following Persons shall be exempt from Corporate Tax: +a. A Government Entity. +b. A Government Controlled Entity. +c. A Per son engaged in an Extractive Business, that meets the conditions of Article 7 of +this Decree- Law. +d. A Person engaged in a Non- Extractive Natural Resource Business, that meets the +conditions of Article 8 of this Decree -Law. +e. A Qualifying Public Benefit Entity under Article 9 of this Decree -Law. +f. A Qualifying Mutual Fund under Article 10 of this Decree -Law. +g. A public pension or social security fund, or a private pension or social security fund +that is regulated by the competent authority in the State and that meet s any other +Federal Law No. (47) of 2022 on Corporate and Business Tax 10 + conditions that may be prescribed by the Minister. +h. A juridical person incorporated in the State that is wholly owned and controlled by +an Exempt Person specified in paragraphs (a), (b), (f) and (g) of Clause 1 of this +Article and that: +i. Undertak es part or all of the activity of the Exempt Person. +ii. Is engaged exclusively in holding assets or investing funds for the benefit of the +Exempt Person. +iii. Only carries out activities that support those carried out by the Exempt Person. +i. Any other Person as may be determined in a resolution issued by the Cabinet at the +suggestion of the Minister. +2. A Person under paragraphs (a), (b), (c) and (d) of Clause 1 of this Article that is a Taxable Person insofar as it relates to any Business or Business Activity under Art icles 5, 6, 7 or 8 +of this Decree- Law, respectively, shall be treated as an Exempt Person for the purposes of +Articles 26, 27, 38 and 40 of this Decree -Law. +3. Persons specified in paragraphs (f), (g), (h) and (i) of Clause 1 of this Article, as +applicable, are required to apply to the Authority to be exempt from Corporate Tax in the +form and manner and within the timeline prescribed by the Authority in this regard. +4. The exemption from Corporate Tax under paragraphs (f), (g), (h) and (i) of Clause 1 of this Art icle, as applicable, shall be effective from the beginning of the Tax Period +specified in the application, or any other date determined by the Authority. +5. In the event that the Exempt Person fails to meet any of the conditions under the relevant provisions of this Decree -Law at any particular time during a Tax Period, such +Person shall cease to be an Exempt Person for the purposes of this Decree -Law from the +beginning of that Tax Period. +6. For the purposes of Clause 5 of this Article, the Minister may prescrib e the conditions +under which a Person may continue to be an Exempt Person, or cease to be an Exempt Person from a different date, in any of the following cases: +a. Failure to meet the conditions is the result of the liquidation or termination of the Person. +b. Failure to meet the conditions is of a temporary nature and will be promptly rectified, +Federal Law No. (47) of 2022 on Corporate and Business Tax 11 + and appropriate procedures are in place to monitor the compliance with the relevant +conditions of this Decree -Law. +c. Any other cases as may be prescribed by the Minister. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (5) +Government Entity +1. A Government Entity shall be exempt from Corporate Tax and the provisions of this +Decree- Law shall not apply thereto. +2. Notwithstanding Clause 1 of this Article, a Government Entity shall be subject to the +provisions of this Dec ree-Law if it conducts a Business or Business Activity under a +License issued by a Licensing Authority. +3. Any Business or Business Activity conducted by a Government Entity under a License +issued by a Licensing Authority shall be treated as an independent Business, and the +Government Entity shall keep financial statements for this Business separately from the +Government Entity's other activities. +4. The Government Entity shall calculate the Taxable Income for its Business or Business Activity specified in Clause 2 of this Article independently for each Tax Period, in +accordance with the provisions of this Decree -Law. +5. Transactions between the Business or Business Activity specified under Clause 2 of this Article and the other activities of the Government Entity sh all be considered Related +Party transactions subject to the provisions of Article 34 of this Decree -Law. +6. A Government Entity may apply to the Authority for all its Businesses and Business Activities to be treated as a single Taxable Person for the purposes of this Decree- Law +subject to meeting the conditions to be prescribed by the Minister. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (6) +Government Controlled Entity +1. A Government Controlled Entity shall be exempt from Corporate Tax and the provisions +of this Decree -Law shall not apply thereto . +2. Notwithstanding Clause 1 of this Article, a Government Controlled Entity shall be subject +Federal Law No. (47) of 2022 on Corporate and Business Tax 12 + to the provisions of this Decree -Law if it conducts a Business or Business Activity that is +not its Mandated Activities. +3. Any Business or Business Activity conducted by a Government Controlled Entity that is +not its Mandated Activity shall be treated as an independent Business and the +Government Controlled Entity shall keep financial statements for this Business +separately from its Mandated Activity. +4. The Government Co ntrolled Entity shall calculate the Taxable Income for its Business or +Business Activity that is not its Mandated Activity independently for each Tax Period, in +accordance with the provisions of this Decree -Law. +5. Transactions between the Business or Busines s Activity specified in Clause 2 of this +Article and the Mandated Activity of the Government Controlled Entity shall be +considered Related Party transactions subject to the provisions of Article 34 of this +Decree- Law. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (7) +Extractive Business +1. A Pers on shall be exempt from the Corporate tax and the provisions of this Decree -Law +shall not apply to its Extractive Business if it meets all of the following conditions : +a. The Person directly or indirectly holds or has an interest in a right, concession or +License issued by the Local Government to undertake its Extractive Business. +b. The Person is actually subject to tax under the applicable legislation of an Emirate in +accordance with the provisions of Clause 6 of this Article. +c. The Person has submitted a notification to the Ministry in the form and manner +agreed with the Local Government. +2. If a Person that meets the conditions of Clause 1 of this Article derives income from both +an Extractive Business and any other Business that is within the scope of this +Decree- Law, the following shall apply: +b. The income derived from the Extractive Business shall be calculated and taxed +according to the applicable legislation of the Emirate. +b. The income derived from the other Business shall be subject to the provisions of this +Federal Law No. (47) of 2022 on Corporate and Business Tax 13 + Decree -Law, unless that other Business meets the conditions of being exempted +from Corporate Tax under Article 8 of this Decree -Law. +3. For the purposes of Clause 2 of this Article, a Person shall not be considered to derive +income from any other Business if suc h other Business is supporting or incidental to that +Person's Extractive Business and the Revenue of such other Business in a Tax Period +does not exceed 5% (five percent) of the total Revenue of that Person in the same Tax +Period. +4. For the purposes of calcu lating the Taxable Income of the Person's other Business, the +following shall apply: +a. The other Business shall be treated as an independent Business, and financial +statements shall be kept for this Business separately from the Extractive Business. +b. Any commo n expenses shared between the Extractive Business and the other +Businesses of the Person shall be divided pro rata their respective Revenues in the +Tax Period, unless such expenses were taken into account at different percentages for the purposes of calculating the tax payable by the Person under the applicable +legislation of the relevant Emirate in respect of its Extractive Business, in which case +the expenses shall be divided in accordance with the latter percentage. +c. The Person shall calculate the Taxable Income for its other Business independently +for each Tax Period in accordance with the provisions of this Decree -Law. +5. Transactions between the Extractive Business and the other Business of the same Person +shall be considered Related Party transactions sub ject to the provisions of Article 34 of +this Decree -Law, unless such other Business is exempt from Corporate Tax under Article +8 of this Decree -Law. +f. A Person shall be considered actually subject to tax under the applicable legislation of +the Emirate for th e purposes of this Article if the Local Government imposes a tax on +income or profits, or a tax on royalty or revenue, or any other form of taxes, duties or +levy in respect of such Person's Extractive Business. +7. The exemption under this Article shall not ap ply to contractors, subcontractors, suppliers +or any other Person used or contemplated to be used in any part of the performance of the Extractive Business that does not in its own right meet the conditions to be exempt +Federal Law No. (47) of 2022 on Corporate and Business Tax 14 + from Corporate Tax under this Article or Article 8 of this Decree -Law. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (8) +Non -Extractive Natural Resource Business +1. A Person shall be exempt from Corporate tax and the provisions of this Decree -Law shall +not apply to its Non -Extractive Natural Resource Business where all of the follo wing +conditions are met: +a. The Person directly or indirectly holds or has an interest in a right, concession or +License issued by a Local Government to undertake its Non -Extractive Natural +Resource Business in the State. +b. The Person's income from its Non- Extr active Natural Resource Business is derived +solely from Persons that undertake a Business or Business Activity. +c. The Person is actually subject to tax under the applicable legislation of an Emirate in accordance with the provisions of Clause 6 of this Artic le. +d. The Person has made a notification to the Ministry in the form and manner agreed with the Local Government. +2. If a Person that meets the conditions of Clause 1 of this Article derives income from both a Non -Extractive Natural Resource Business and any ot her Business that is within the +scope of this Decree- Law, the following shall apply: +a. The income derived from the Non -Extractive Natural Resource Business shall be +calculated and taxed according to the applicable legislation of the Emirate. +b. The income deriv ed from the other Business shall be subject to this Decree -Law, +unless that other Business meets the conditions to be exempt from Corporate Tax +under Article 7 of this Decree -Law. +3. For the purposes of Clause 2 of this Article, a Person shall not be consider ed to derive +income from any other Business where such other Business is ancillary or incidental to +that Person's Non -Extractive Natural Resource Business and the Revenue of such other +Business in a Tax Period does not exceed 5% (five percent) of the total Revenue of that +Person in the same Tax Period. +4. For the purposes of calculating the Taxable Income of the Person's other Business, the +Federal Law No. (47) of 2022 on Corporate and Business Tax 15 + following shall apply: +a. The other Business shall be treated as an independent Business, and financial +statements shall be kept for this Business separately from the Non- Extractive Natural +Resource Business. +b. Any common expenses shared between the Non -Extractive Natural Resource +Business and the other Businesses of the Person shall be divided pro rata their respective Revenues in the Tax Period, unless such expenses were taken into account +at a different percentages for the purposes of calculating the tax payable by the Person under the applicable legislation of the relevant Emirate in respect of its +Non -Extractive Natural Resou rce Business, in which case the expenses shall be +divided in accordance with the latter percentage. +c. The Person shall calculate the Taxable Income for the other Business independently +for each Tax Period in accordance with the provisions of this Decree -Law. +5. Transactions between the Non- Extractive Natural Resource Business and any other +Business of the same Person shall be considered Related Party transactions subject to the +provisions of Article 34 of this Decree -Law, unless such other Business is exempt fro m +Corporate Tax under Article 7 of this Decree -Law. +6. A Person shall be considered actually subject to tax under the applicable legislation of +the Emirate, for the purposes of this Article if the Local Government imposes a tax on income or profits, a royalty or revenue tax, or any other form of tax, charge or levy in +respect of such Person's Non -Extractive Natural Resource Business. +7. The exemption under this Article shall not apply to contractors, subcontractors, suppliers +or any other Person used or contemplated to be used in any part of the performance of +the Non -Extractive Natural Resource Business that does not in its own right meets the +conditions of being exempt from Corporate Tax under this Article or Article 7 of this +Decree- Law. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (9) +Qualifying Public Benefit Entity +1. A Qualifying Public Benefit Entity shall be exempt from Corporate Tax if all of the +Federal Law No. (47) of 2022 on Corporate and Business Tax 16 + following conditions are met: +a. It is established and operated for any of the following: +i. Exclusively for religious, charitable, scientific, artistic, cu ltural, athletic, +educational, healthcare, environmental, humanitarian, animal protection or +other similar purposes. As a professional entity, chamber of commerce, or a +similar entity operated exclusively for the promotion of social welfare or public +benef it. +b. It does not conduct a Business or Business Activity, except for such activities that directly relate to or are aimed at fulfilling the purpose for which the entity was +established. +c. Its income or assets are used exclusively in the furtherance of the pur pose for which +it was established, or for the payment of any associated necessary and reasonable +expenses incurred. +d. No part of its income or assets is payable to, or otherwise available, for the personal +benefit of any shareholder, member, trustee, founder or settlor that is not itself a +Qualifying Public Benefit Entity, Government Entity or Government Controlled Entity. +e. Any other conditions as may be prescribed in a resolution issued by the Cabinet at the suggestion of the Minister. +2. The exemption under Clause 1 of this Article shall be effective from the beginning of the +Tax Period in which the Qualifying Public Benefit Entity is listed in the Cabinet decision +issued at the suggestion of the Minister or any other date determined by the Minister. +3. For the pur poses of monitoring the continued compliance by a Qualifying Public Benefit +Entity with the conditions of Clause 1 of this Article, the Authority may request any +relevant information or records from the Qualifying Public Benefit Entity within the +timeline specified by the Authority. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (10) +Qualifying Mutual Fund +1. A mutual fund may apply to the Authority to be exempt from Corporate Tax as a +Federal Law No. (47) of 2022 on Corporate and Business Tax 17 + Qualifying Mutual fund where all of the following conditions are met: +a. The mutual fund or the mutual fund's manager is subject to the regulatory oversight +of a competent authority in the State, or a foreign competent authority recognized +for the purposes of this Article. +b. Shares in the mutual fund are traded on the Recognized Stock Exchange, or are +marketed and made available sufficiently and widely to investors. +c. The main or principal purpose of the mutual fund is not to avoid corporate tax. +d. Any other conditions as may be prescribed in a decision issued by Cabinet at the +suggestion of the Minister. +2. For the purposes of mo nitoring the continued compliance by a Qualifying Mutual Fund +with the conditions of Clause 1 of this Article, the Authority may request any relevant +information or records within the timeline prescribed by the Authority. + +Chapter Four +Taxable Person and Corporate Tax Base +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (11) +Taxable Person +1. Corporate Tax shall be imposed on a Taxable Person at the rates determined under this Decree- Law. +2. For the purposes of this Decree -Law, a Taxable Person shall be either a Resident Person +or a Non -Resident Person. +3. A Resident Person is any of the following Persons: +a. A juridical person that is incorporated, established or otherwise recognized under the applicable legislation of the State, including a Free Zone Person. +b. A juridical person that is incorporated, established or otherwise recognized under the +applicable legislation of a foreign jurisdiction and is effectively managed and +controlled in the State. +c. A natural person who conducts a Business or Business Activity in the State. +d. Any other Person as may be determined in a resolution issued by the Cabinet at the suggestion of the Minister. +Federal Law No. (47) of 2022 on Corporate and Business Tax 18 + 4. A Non -Resident Person is a Person who is not considered a Resident Person under +Clause 3 of this Article and that: +a. Has a Permanent Establishment in the State as under Article 14 of th is Decree- Law; +b. Derives State Sourced Income as under Article 13 of this Decree -Law; or +c. Has a nexus in the State as specified in a resolution issued by the Cabinet at the +suggestion of the Minister. +5. A branch in the State of a Person referred to in Clause 3 of this Article, shall be treated as +one and the same Taxable Person. The Cabinet shall, upon a suggestion of the Minister +and in coordination with the relevant competent authorities, issue a decision specifying +the categories of Business or Business Activ ity conducted by a resident or non -resident +natural person that are subject to Corporate Tax under this Decree -Law. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (12) +Corporate Tax Base +1. A Resident Person, which is a juridical person, is subject to Corporate Tax on its Taxable +Income derived fr om the State or from outside the State, in accordance with the +provisions of this Decree -Law. +2. The Taxable Income of a Resident Person, who is a natural person, is the income derived +from the State or from outside the State insofar as it relates to the Business or Business +Activity conducted by the natural person in the State as set out in Clause 6 of Article 11 of this Decree -Law. +3. A Non -Resident Person is subject to Corporate Tax on the following: +a. The Taxable Income that is attributable to the Permanent Est ablishment of the +Non -Resident Person in the State. +b. State Sourced Income that is not attributable to a Permanent Establishment of the +Non -Resident Person in the State. +c. The Taxable Income that is attributable to the nexus of the Non -Resident Person in +the S tate as determined in a resolution issued by the Cabinet pursuant to paragraph +(c) of Clause 4 of Article 11 of this Decree -Law. + +Federal Law No. (47) of 2022 on Corporate and Business Tax 19 + " +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (13) +State Sourced Income +1. Income shall be considered a State Sourced Income in any of the following cases: +a. Where it is derived by a Resident Person. +b. Where it is derived by a Non -Resident Person and the income received has been paid +or accrued in connection with, and attributable to, a Permanent Establishment of that +Non -Resident Person in the State. +c. Where it is otherwise accrued in or derived from activities performed, assets located, capital invested, rights used, or services performed or benefitted from in the State. +2. Subject to any conditions and limitations that the Minister may determine, State Sourced +Income shall include, without limitation: +a. Income from the sale of goods in the State. +b. Income from the provision of services that are rendered or used or benefitted from in +the State. +c. Income from a contract insofar as it has been wholly or partly performed or +benefitted from in the State. +d. Income from movable or immovable property in the State. +e. Income from the disposal of shares or capital of a Resident Person. +f. Income from the use or the right to use any intellectual or intangible property in the +State, or from granting a per mission to use them in the State. +3. Interest that meets any of the following conditions: +i. The loan is secured by movable or immovable property located in the State. +ii. The borrower is a Resident Person. +iii. The borrower is a Government Entity. +h. Insurance or reinsuran ce premiums in any of the following cases: +i. The insured asset is located in the State. +ii. The insured Person is a Resident Person. +iii. The insured activity is conducted in the State. + + +Federal Law No. (47) of 2022 on Corporate and Business Tax 20 + " +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (14) +Permanent Establishment +1. A Non -Resident Person shall be deemed to hav e a Permanent Establishment in the State +in any of the following cases: +c. If it has a fixed or permanent place in the State through which the Business of the +Non -Resident Person, or any part thereof, is conducted. +b. If a Person has and habitually exercises an authority to conduct a Business or +Business Activity in the State on behalf of the Non -Resident Person. +c. If it has any other form of nexus in the State as specified in a resolution issued by the +Cabinet at the suggestion of the Minister. +2. For the purposes of paragraph (a) of Clause 1 of this Article, a fixed or permanent place +in the State includes: +a. A place of management where management and commercial decisions that are +necessary for conducting the Business are, in substance, made. +b. A branch. +c. An office. +d. A fac tory. +e. A workshop. +f. Land, buildings and other real property. +g. Installations or platforms for the exploration of renewable or non -renewable natural +resources. +h. A mine, an oil or gas well, a quarry or any other place of extraction of natural resources, including vessels and platforms used for the extraction of such resources. +i. A building site, a construction project, or place of assembly or installation, or +supervisory activities in connection therewith, but only if such site, project or activities, whether separately or together with other sites, projects or activities, last +more than (6) six months, including connected activities that are conducted at the site or project by one or more Related Parties of the Non -Resident Person. +3. Notwithstanding Clauses 1 and 2 of this Article, a fixed or permanent place in the State +shall not be considered a Permanent Establishment of a Non -Resident Person if it is used +Federal Law No. (47) of 2022 on Corporate and Business Tax 21 + solely for any of the following purposes: +a. Storing, displaying or delivering goods or merchandise belonging to th at Person. +b. Keeping a stock of goods or merchandise belonging to that Person for the sole +purpose of processing by another Person. +c. Purchasing goods or merchandise or collecting information for the Non -Resident +Person. +d. Conducting any other activity of a prep aratory or supporting nature for the Non - +Resident Person. +e. Conducting any combination of activities mentioned in paragraphs (a), (b), (c)and (d) of Clause 3 of this Article, provided that the overall activity is of a preparatory or +supporting nature. +4. Claus e 3 of this Article shall not apply to a fixed or permanent place in the State that is +used or maintained by a Non- Resident Person if the same Non -Resident Person or its +Related Party carries on a Business or Business Activity at the same place or at anoth er +place in the State where all of the following conditions are met: +a. Where the same place or the other place constitutes a Permanent Establishment of +the Non -Resident Person or its Related Party. +b. The overall activity resulting from the combination of the activities carried out by the Non -Resident Person and its Related Party at the same place or at the two places is +not of a preparatory or supporting nature and together would form a cohesive +Business operation, had the activities not been fragmented. +5. For th e purposes of paragraph (b) of Clause 1 of this Article, a Person shall be considered +as having and habitually exercising an authority to conduct a Business or Business +Activity in the State on behalf of a Non- Resident Person if any of the following +conditions are met: +a. The Person habitually concludes contracts on behalf of the Non -Resident Person. +b. The Person habitually negotiates contracts that are concluded by the Non- Resident +Person without the need for material modification by the Non -Resident Person. +c. The provisions of Paragraph (b) of Clause 1 of this Article shall not apply if the person +conducts a Business or Business Activity in the State as an independent agent and acts +Federal Law No. (47) of 2022 on Corporate and Business Tax 22 + for the Non -Resident Person in the ordinary course of that Business or Business A ctivity, +unless the Person acts exclusively or almost exclusively on behalf of the Non -Resident +Person, or if that Person cannot be considered legally or economically independent from +the Non -Resident Person. +7. For the purposes of Clause 3 of this Article, t he Minister may prescribe the conditions +under which the mere presence of a natural person in the State does not create a Permanent Establishment for a Non -Resident Person in any of the following cases: +a. If such presence is a consequence of a temporary and exceptional situation. +b. Where the natural person is employed by the Non- Resident Person, and all of the +following conditions are met: +i. The activities being conducted in the State by the natural person are not part of the core income -generating activities of the Non -Resident Person or its Related +Parties. +ii. The Non -Resident Person does not derive State Sourced Income. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (15) +Investment Manager Exemption +1. For the purposes of Clause 6 of Article 14 of this Decree -Law, an Investment Manager +shall be considered an independent agent when acting on behalf of a Non -Resident +Person, if all of the following conditions are met: +a. The Investment Manager is engaged in the business of providing investment management or brokerage services. +b. The Investment Manager is subject to the regulatory oversight of the competent +authority in the State. +c. The transactions are carried out in the ordinary course of the Investment Manager's Business. +d. The Investment Manager acts in relation to the transactions in an independent capacity. +e. The Investment Manager transacts on an arm's length basis with the Non -Resident +Person and receives due compensation for the provision of services. +Federal Law No. (47) of 2022 on Corporate and Business Tax 23 + f. The Investment Manager is not the Non -Resident Person's representative in the State +in relation to any other inco me or transaction that is subject to Corporate Tax for the +same Tax Period. +g. Any such other conditions as may be prescribed in a resolution issued by the Cabinet +at the suggestion of the Minister. +2. For the purposes of Clause 1 of this Article, ""transactions"" means any of the following: +a. Transactions in commodities, real property, bonds, shares, derivatives or securities of +all kinds. +2. Transactions of buying or selling any foreign currency or placement of funds against +interest. +c. Such other transactions permissib le to be carried out by the Investment Manager on +behalf of a Non -Resident Person under the applicable legislation of the State. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (16) +Partners in an Unincorporated Association +1. For the purposes of this Decree -Law, unless an application is made under Clause 8 of +this Article, and subject to any conditions the Minister may prescribe, the +Unincorporated Association itself shall not be considered a Taxable Person, and Persons +conducting a Business as an Unincorporated Association shall be treated as individual +Taxable Persons. +2. Where Clause 1 of this Article applies, a Person who is a partner in an Unincorporated Association shall be treated as: +a. Conducting the Business of the Unincorporated Association. +b. Having a status, intention, and purpose of the Uninco rporated Association. +c. Holding assets that the Unincorporated Association holds. +d. Being party to any arrangement to which the Unincorporated Association is a party. +3. For the purposes of Clause 1 of this Article, the assets, liabilities, income and expenses of +the Unincorporated Association shall be allocated to each partner pro rata their +distributive shares in that Unincorporated Association, or in the manner prescribed by +the Authority where the distributive share of a partner cannot be identified. +Federal Law No. (47) of 2022 on Corporate and Business Tax 24 + 4. The Taxab le Income of a partner in an Unincorporated Association shall take into +account the following: +a. Expenses incurred directly by the partner in conducting the Business of the +Unincorporated Association. +b. Interest Expense incurred by the partner in relation to c ontributions made to the +capital account of the Unincorporated Association. +5. Interest paid by an Unincorporated Association to a partner on their capital account shall +be treated as an allocation of income to the partner and is therefore not a deductible +expenses for the purpose of calculating the Taxable Income of that partners +incorporated Association. +6. For the purposes of calculating and settling the Corporate Tax Payable of a partner in an +Unincorporated Association under Chapter Thirteen of this Decree -Law, any foreign tax +incurred by the Unincorporated Association shall be allocated as a Foreign Tax Credit to each partner pro rata their distributive share in the Unincorporated Association. +7. A Foreign Partnership shall be treated as an Unincorporated Assoc iation for the purposes +of this Decree -Law if all of the following conditions are met: +a. The Foreign Partnership is not subject to tax under the laws of the foreign +jurisdiction. +b. Each partner in the Foreign Partnership is individually subject to tax with reg ards to +their distributive share of any income of the Foreign Partnership as and when the +income is received by or accrued to the Foreign Partnership. +c. Any other conditions as may be prescribed by the Minister. +8. The partners in an Unincorporated Association can make an application to the Authority +for the Unincorporated Association to be treated as a Taxable Person. +9. Where an application under Clause 8 of this Article is approved: +a. The provisions of Clauses 1 to 6 of this Article shall no longer apply to the partners in +the Unincorporated Association in respect of the Business conducted by the +Unincorporated Association. +b. Each partner in the Unincorporated Association shall remain jointly and severally +liable for the Corporate Tax Payable by the Unincorporated As sociation for those Tax +Federal Law No. (47) of 2022 on Corporate and Business Tax 25 + Periods when they are partners in the Unincorporated Association. +c. One partner in the Unincorporated Association shall be appointed as the partner +responsible for any obligations and proceedings in relation to this Decree -Law on +beha lf of the Unincorporated Association. +10. Where the application under Clause 8 of this Article is approved, the Unincorporated +Association shall be treated as a Taxable Person effective from the commencement of +the Tax Period during which the application is made, or from the commencement of a future Tax Period, or any other date determined by the Authority. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (17) +Family Foundation +1. A Family Foundation may submit an application to the Authority to be treated as an +Unincorporated Association for the purpose s of this Decree -Law if all of the following +conditions are met: +a. The Family Foundation was established for the benefit of identified or identifiable +natural persons and/or for the benefit of a public benefit entity. +b. The principal activity of the Family Foundation is to receive, hold, invest, spend +funds, or dispose of the assets associated with savings or investment, or otherwise +manage them. +c. The Family Foundation does not conduct any activity that would have constituted a +Business or Business Activity unde r Clause 6 of Article 11 of this Decree -Law had the +activity been carried out or its assets been held directly by its founder, settlor, or any +of its beneficiaries. +d. The main or principal purpose of the Family Foundation is not the avoidance of +Corporate Tax. +e. Any other conditions as may be prescribed by the Minister. +2. Where the application under Clause 1 of this Article is approved, the Family Foundation shall be treated as an Unincorporated Association effective from the commencement of +the Tax Period during which the application is made, or from the commencement of a +future Tax Period, or any other date determined by the Authority. +Federal Law No. (47) of 2022 on Corporate and Business Tax 26 + 3. For the purposes of monitoring the continued compliance by a Family Foundation with +the conditions of Clause 1 of this Article, the Authority may request any relevant +information or records from the Family Foundation within the timeline specified by the Authority. + +Chapter Five +Free Zone Person +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (18) +Qualifying Free Zone Person +1. A Qualifying Free Zone Person is a Free Zone Person that meets all of the following +conditions: +a. Maintains actual and sufficient existence in the State. +b. Derives Qualifying Income as specified in a resolution issued by the Cabinet at the suggestion of the Minister. +c. Has not elected to be subject to Corporate Tax under Article 19 of this Decree -Law. +d. Complies with Articles 34 and 55 of this Decree -Law. +e. Meets any other conditions as may be prescribed by the Minister. +2. A Qualifying Free Zone Person that fails to meet any of the conditions under Clause 1 of this Art icle at any particular time during a Tax Period shall cease to be a Qualifying Free +Zone Person from the beginning of that Tax Period. +3. Notwithstanding Clause 2 of this Article, the Minister may prescribe the conditions or +circumstances under which a Person may continue to be a Qualifying Free Zone Person, +or cease to be a Qualifying Free Zone Person from a different date. +4. The application of paragraph (a) of Clause 2 of Article 3 of this Decree -Law to a +Qualifying Free Zone Person shall apply for the remaind er of the tax incentive period +stipulated in the applicable legislation of the Free Zone in which the Qualifying Free Zone Person is registered, such period may be extended in accordance with any +conditions as may be determined in a resolution issued by th e Cabinet at the suggestion +of the Minister, but any one period shall not exceed (50) fifty years. + +Federal Law No. (47) of 2022 on Corporate and Business Tax 27 + " +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (19) +Election to be Subject to Corporate Tax +1. A Qualifying Free Zone Person may elect to be subject to Corporate Tax at the rates +specified under Clause 1 of Article 3 of this Decree -Law. +2. The election under Clause 1 of this Article shall be effective from either of: +a. The commencement of the Tax Period during which the election is made. +b. The commencement of the Tax Period following the Tax Period during wh ich the +election was made. + +Chapter Six +Calculating Taxable Income +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (20) +General Rules for Determining Taxable Income +1. The Taxable Income of each Taxable Person shall be determined separately, on the basis of adequate, standalone financial statements pr epared for financial reporting purposes +in accordance with the accounting standards accepted in the State. +2. The Taxable Income for a Tax Period shall be the Accounting Income for that period, +which was adjusted, as may be required, according to the followin g: +a. Any unrealized gain or loss under Clause 3 of this Article. +b. Exempt Income as specified in Chapter Seven of this Decree -Law. +c. Reliefs as specified in Chapter Eight of this Decree -Law. +d. Deductions as specified in Chapter Nine of this Decree -Law. +e. Transaction s with Related Parties and Connected Persons as specified in Chapter Ten +of this Decree -Law. +f. Tax Loss relief as specified in Chapter Eleven of this Decree -Law. +g. Any incentives or special reliefs for a Qualifying Business Activity as specified in a +resolutio n issued by the Cabinet at the suggestion of the Minister. +h. Any income or expenses that has not otherwise been taken into account in determining the Taxable Income under the provisions of this Decree -Law as may be +Federal Law No. (47) of 2022 on Corporate and Business Tax 28 + specified in a resolution issued by the Cab inet at the suggestion of the Minister. +i. Any other adjustments as may be specified by the Minister. +3. For the purposes of calculating the Taxable Income for the relevant Tax Period, and +subject to any conditions that the Minister may prescribe, a Taxable Pers on that prepares +financial statements on an accrual basis may elect to take into account gains and losses +on a realization basis in relation to: +a. all assets and liabilities that are subject to accounting for fair value or impairment +under the applicable acc ounting standards; or +b. all assets and liabilities held on capital account at the end of a Tax Period, whilst taking into account any unrealized gain or loss that arises in connection with the +assets and liabilities held on revenue account at the end of that period. +4. For the purposes of paragraph (b) of Clause 3 of this Article: +a. ""Assets held on capital account"" refers to assets that the Person does not trade, assets +that are eligible for depreciation, or assets treated under applicable accounting standards as property, plant and equipment, investment property, intangible assets, +or other non -current assets. +b. ""Liabilities held on capital account"" refers to liabilities, the incurring of which does +not give rise to deductible expenses under Chapter Nine of this Dec ree- Law, or +liabilities treated under applicable accounting standards as non - current liabilities. +c. ""Assets and liabilities held on revenue account"" refers to assets and liabilities other +than those held on a capital account. +d. An ""unrealized gain or loss"" in cludes an unrealized foreign exchange gain or loss. +5. Notwithstanding Clauses 1 and 3 of this Article, the Minister may prescribe any of the +following for the purposes of this Decree -Law: +a. The circumstances and conditions under which a Person may prepare financial +statements using the cash basis accounting. +b. Any adjustments to the accounting standards to be applied for the purposes of +determining the Taxable Income for a Tax Period. +c. A different basis for determining the Taxable Income of a Qualifying Business +Activity. +Federal Law No. (47) of 2022 on Corporate and Business Tax 29 + 6. Subject to any conditions prescribed under Clause 5 of this Article, a Taxable Person may +submit an application to the Authority to change its method of accounting from cash +basis to accrual basis from the commencement of the Tax Period in which t he +application is made or from the commencement of a future Tax Period. +7. In the case of any conflict between the provisions of this Decree -Law and the applicable +accounting standards, the provisions of this Decree -Law shall prevail to that extent. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (21) +Small Business Relief +1. A Taxable Person that is a Resident Person may elect to be treated as not having derived +any Taxable Income for a Tax Period where: +a. the Revenue of the Taxable Person for the relevant Tax Period and previous Tax +Periods does not ex ceed a threshold to be set by the Minister; and +b. the Taxable Person meets all other conditions prescribed by the Minister. +2. Where Clause 1 of this Article applies to a Taxable Person, the following provisions of +this Decree- Law shall not apply: +a. Exempt Income as specified in Chapter Seven of this Decree -Law. +b. Reliefs as specified in Chapter Eight of this Decree -Law. +c. Deductions as specified in Chapter Nine of this Decree -Law. +d. Tax Loss relief as specified in Chapter Eleven of this Decree -Law. +e. Article 55 of this Decree -Law. +3. The Authority may take the necessary measures to verify the compliance with the +conditions of Clause 1 of this Article, and may request any relevant information or +records from the Taxable Person within the timeline prescribed by the Authority. + +Chapter Seven +Exempt Income +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (22) +Exempt Income +Federal Law No. (47) of 2022 on Corporate and Business Tax 30 + The following income and related expenses shall not be taken into account in determining +the Taxable Income: +1. Dividends and other profit distributions received from a juridical person that is a Residen t Person. +2. Dividends and other profit distributions received from an Equity participation in a +foreign juridical person as specified in Article 23 of this Decree -Law. +3. Any other income from an Equity participation as specified in Article 23 of this +Decree- Law. +4. Income of a Foreign Permanent Establishment that meets the condition of Article 24 of +this Decree- Law. +5. Income derived by a Non -Resident Person from operating aircraft or ships in +international transportation that meets the conditions of Article 25 of th is Decree- Law. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (23) +Participation Exemption +1. Income from an equity participation shall be exempt from Corporate Tax, subject to the conditions of this Article. +2. A Equity participation means, owning equity at 5% (five percent) or more of the shares +or capital of a juridical person, referred to as a ""Participation"" for the purposes of this +Chapter if all of the following conditions are met: +a. The Taxable Person has held, or has the intention to hold, the Equity participation for +an uninterrupted period of at least (12) twelve months. +b. The Participation is subject to Corporate Tax or any other tax imposed under the +applicable legislation of the country or territory in which the juridical person is a +resident, which is of a similar character to Corporate Tax at a rate not less than the +rate specified in paragraph (b) of Clause 1 of Article 3 of this Decree -Law. +c. The ownership interest in the Participation entitles the Taxable Person to receive not +less than 5% (five percent) of the profits available for distrib ution by the +Participation, and not less than 5% (five percent) of the liquidation proceeds on +cessation of the Participation. +Federal Law No. (47) of 2022 on Corporate and Business Tax 31 + d. Not more than 50% (fifty percent) of the direct and indirect assets of the +Participation consist of ownership interests or entitlements that would not have +qualified for an exemption from Corporate Tax under this Article if held directly by +the Taxable Person, subject to any conditions that may be prescribed under paragraph (e) of this Clause. +e. Any other conditions as may be prescrib ed by the Minister. +3. A Participation shall be treated as having met the condition under paragraph (b) of Clause 2 of this Article where all of the following conditions are met: +a. The principal objective and activity of the Participation is the acquisition and holding +of shares or equitable interests that meet the conditions of Clause 2 of this Article. +b. The income of the Participation derived during the relevant Tax Period or Tax Periods substantially consists of income from an equity participation. +4. A Participation in a Qualifying Free Zone Person or an Exempt Person shall be treated as having met the condition under paragraph (b) of Clause 2 of this Article, subject to any conditions that may be prescribed by the Minister. +5. Where the conditions of Clause 2 of this Article continue to be met, the following income shall not be taken into account in determining Taxable Income: +a. Dividends and other profit distributions received from a foreign Participation that is not a Resident Person under paragraph (b) of Clause 3 of Article 11 of this +Decree- Law. +b. Gains or losses on the transfer, sale, or other disposition of Equity participation (or part thereof) derived after the expiry of the time period specified in paragraph (a) of +Clause 2 or Clause 9 of this Article. +c. Foreign exchange gains or losses in relation to Equity participation. +5. Impairment gains or losses in relation to Equity participation. +6. The exemption under this Article shall not apply to income derived by the Taxable +Person from an Equity participation insofar as: +a. the Participation may claim a deduction for the dividend or other distributions made to the Taxable Person under the applicable tax legislation; +b. the Taxable Person has recognized a deductible impairment loss in respect of the +Federal Law No. (47) of 2022 on Corporate and Business Tax 32 + Equity participation prior to the Equity participation meeting the conditions of Clause +2 of this Article; +c. the Taxable Person or its Related Party who is subject to Corporate Tax under this Decree- Law has recognized a deductible impairment loss in respect of a loan +receivable from the Participation. +7. Where the impairment loss referred to in paragraph (c) of Clause 6 of this Article is reflected in a subsequent Tax Period, the associated income of the Taxable Person shall be exempt from Corporate Tax in that Tax Period up to the amount of income from the +Equity participation that was not exempted under paragraph (C) of Clause 6 of this Article. +8. The exemption under this Article does not apply to a loss realized on the liquidation of a Participation. +9. The exemption under this Article shall no t apply for a period of (2) two years where a +Participation was acquired in exchange for the transfer of an ownership interest that did not meet the conditions of Clause 2 of this Article or a transfer that was exempted under +Article 26 or 27 of this Decre e-Law. +10. Where a Taxable Person fails to hold a 5% (five percent) or greater ownership interest in +the Participation for an uninterrupted period of at least (12) twelve months, any income +previously not taken into account under this Article shall be included in the calculation +of the Taxable Income in the Tax Period in which the ownership interest in the +Participation falls below 5% (five percent). +11. The Minister may prescribe that an ownership interest in the shares or capital of a +juridical person meets the m inimum ownership requirement under Clause 2 of this +Article where the acquisition cost of that ownership interest exceeds a threshold specified by the Minister. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (24) +Foreign Permanent Establishment Exemption +1. A Resident Person may elect to not take into account the income, and associated +expenses, of its Foreign Permanent Establishments in determining its Taxable Income. +Federal Law No. (47) of 2022 on Corporate and Business Tax 33 + a. Where Clause 1 of this Article applies, a Resident Person shall not take into account the +following in determining its Taxable Inco me or Corporate Tax Payable for a Tax Period: +a. losses in any of its Foreign Permanent Establishments, calculated as if the relevant Foreign Permanent Establishments were a Resident Person under this Decree -Law; +b. positive income and associated expenses in any of its Foreign Permanent +Establishments, calculated as if the relevant Foreign Permanent Establishment were a +Resident Person under this Decree -Law; and +c. any Foreign Tax Credit that would have been available under Article 47 of this Decree- Law had the elec tion under Clause 1 of this Article not been made. +3. For the purposes of this Article, ""income and associated expenses"" of a Taxable Person's +Foreign Permanent Establishments for a Tax Period is the aggregate of the income and +associated expenses in each of the relevant foreign jurisdictions. +4. In determining the income and associated expenses of a Foreign Permanent Establishment, a Resident Person and each of its Foreign Permanent Establishments shall be treated as separate and independent Persons. +5. For the pur poses of Clause 4 of this Article, a transfer of assets or liabilities between a +Resident Person and its Foreign Permanent Establishment shall be treated as having +taken place at Market Value at the date of the transfer for the purposes of determining +the Taxable Income of that Resident Person. +6. The exemption under Clause 1 of this Article shall apply to all Foreign Permanent +Establishments of the Resident Person that meet the condition specified in Clause 7 of +this Article. +6. The exemption under Clause 1 of t his Article shall only apply to a Foreign Permanent +Establishment that is subject to Corporate Tax or a tax of a similar character under the +applicable legislation of the relevant foreign jurisdiction at a rate not less than the rate +specified in paragraph (b) of Clause 1 of Article 3 of this Decree -Law. + + + +Federal Law No. (47) of 2022 on Corporate and Business Tax 34 + " +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (25) +Non -Resident Person Operating Aircraft or Ships in International +Transportation +Income derived by a Non -Resident Person from the operation of aircraft or ships in +international transportatio n shall not be subject to Corporate Tax where all of the following +conditions are met: +1. The Non -Resident Person is in the Business of any of the following: +a. International transport of passengers, livestock, mail, packages, merchandise or +goods by air or by sea. +b. Leasing or chartering aircraft or ships used in international transportation. +c. Leasing of equipment which are integral to the seaworthiness of ships or the +airworthiness of aircraft used in international transportation. +2. The Resident Person that performs any of the activities under Clause 1 of this Article is +exempt, or is not subject to a tax that is of a similar character to Corporate Tax, under the +applicable legislation of the country or territory in which the Non -Resident Person is +resident. + +Chapte r Eight +Reliefs +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (26) +Transfers Within a Qualifying Group +1. No gain or loss needs to be taken into account in determining the Taxable Income in +relation to the transfer of one or more assets or liabilities between two Taxable Persons +that are members of the same Qualifying Group. +2. Two Taxable Persons shall be treated as members of the same Qualifying Group where all of the following conditions are met: +a. The Taxable Persons are juridical persons that are Resident Persons, or Non -Resident +Persons that have a Per manent Establishment in the State. +b. Either of the Taxable Persons owns, directly or indirectly, ownership interest of at +Federal Law No. (47) of 2022 on Corporate and Business Tax 35 + least 75% (seventy -five percent) in the other Taxable Person, or a third Person owns, +directly or indirectly, ownership interest of at least 75% (seventy -five percent) in +each of the Taxable Persons. +c. None of the Persons are an Exempt Person. +d. None of the Persons are a Qualifying Free Zone Person. +e. The Fiscal Year of each of the Taxable Persons ends on the same date. +f. Both Taxable Persons prep are their financial statements using the same accounting +standards. +3. For the purposes of this Decree -Law, where a Taxable Person applies Clause 1 of this +Article: +a. the asset or liability shall be treated as being transferred at its net book value at the +time of transfer so that neither a gain nor a loss arises; and +b. the value of any consideration paid or received against the transfer of the asset or liability shall equal the net book value of the transferred asset or liability. +4. The provision of Clause 1 of this Article shall not apply where, within (2) two years from +the date of the transfer, any of the following occurs: +a. There is a subsequent transfer of the asset or liability outside of the Qualifying +Group. +b. The Taxable Persons cease to be members of the same Qualifying Group. +5. Where Clause 4 of this Article applies, the transfer of the asset or liability shall be treated +as having taken place at Market Value on the date of the transfer for the purposes of +determining the Taxable Income of both Taxable Persons f or the relevant Tax Period. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (27) +Business Restructuring Relief +1. No gain or loss needs to be taken into account in determining Taxable Income in any of the following circumstances: +a. A Taxable Person transfers its entire Business or an independent part of its Business +to another Person who is a Taxable Person or will become a Taxable Person as a result of the transfer in exchange for shares or other ownership interests of the +Federal Law No. (47) of 2022 on Corporate and Business Tax 36 + Taxable Person that is the transferee. +b. One or more Taxable Persons transfer th eir entire Business to another Person who is +a Taxable Person or will become a Taxable Person as a result of the transfer in +exchange for shares or other ownership interests of the Taxable Person that is the transferee, and the Taxable Person or Taxable Pe rsons that are the transferor cease to +exist as a result of the transfer. +2. Clause 1 of this Article applies where all of the following conditions are met: +a. The transfer is undertaken in accordance with, and meets all the conditions imposed +by, the applicable legislation of the State. +b. The Taxable Persons are Resident Persons, or Non -Resident Persons that have a +Permanent Establishment in the State. +c. None of the Persons are an Exempt Person. +d. None of the Persons are a Qualifying Free Zone Person. +e. The Fiscal Year of each of the Taxable Persons ends on the same date. +f. The Taxable Persons prepare their financial statements using the same accounting +standards. +g. The transfer under Clause 1 of this Article is undertaken for valid commercial or +other non -fiscal reasons which reflect economic reality. +3. For the purposes of this Decree -Law, where a Taxable Person applies Clause 1 of this +Article, all of the following shall be observed: +a. The assets and liabilities transferred shall be treated as being transferred at their net +boo k value at the time of transfer so that neither a gain nor a loss arises. +b. The value of the shares or ownership interests received under paragraph (a) of +Clause 1 of this Article shall not exceed the net book value of the assets transferred +and liabilities assumed, less the value of any other form of consideration received. +c. The value of the shares or ownership interests received under paragraph (b) of +Clause 1 of this Article shall not exceed the book value of the shares or ownership +interests surrendered, less the value of any other form of consideration received. +d. Any Unutilized Tax Losses incurred by the Taxable Person that is the transferor prior +to the Tax Period in which the transfer under Clause 1 of this Article was performed +Federal Law No. (47) of 2022 on Corporate and Business Tax 37 + may be deemed carried forw ard Tax Losses of the Taxable Person that is the +transferee, subject to the conditions to be prescribed by the Minister. +4. The provisions of this Article shall apply, as the context requires, where, in the case of a +transfer under Clause 1 of this Article: +a. shares or ownership interests are received by a Person other than the Taxable Person +that is the transferor; +b. shares or ownership interests are issued or granted by a Person other than the Taxable Person that is the transferee; or +c. no shares or ownership inte rests are received by the Taxable Person who is a partner +in an Unincorporated Association that is treated as a Taxable Person under Clause 9 +of Article 16 of this Decree -Law. +5. Where a Taxable Person transfers an independent part of its Business, paragraph (c) of +Clause 3 of this Article shall apply only to those Unutilized Tax Losses that can be +reasonably attributed to the independent part of the Business being transferred. +6. The provision of Clause 1 of this Article shall not apply where, within (2) two years from +the date of the transfer, any of the following occurs: +a. The shares or other ownership interests in the Taxable Person that is the transferor +or the transferee are sold, transferred or otherwise disposed of, in whole or part, to a +Person that is not a member of the Qualifying Group to which the relevant Taxable Persons belong. +b. There is a subsequent transfer or disposal of the Business or the independent part of +the Business transferred under Clause 1 of this Article. +7. Where Clause 6 of this Article app lies, the transfer of the Business or any independent +part of the Business shall be treated as having taken place at Market Value at the date of +the transfer. + +Chapter Nine +Deductions +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (28) +Deductible Expenses +Federal Law No. (47) of 2022 on Corporate and Business Tax 38 + 1. Expenses incurred wholly and exclusively fo r the purposes of the Taxable Person's +Business that are not capital in nature shall be deductible in the Tax Period in which they +were incurred, subject to the provisions of this Decree -Law. +2. For the purposes of calculating the Taxable Income for a Tax Per iod, no deduction is +allowed for the following: +a. Expenses not incurred for the purposes of the Taxable Person's Business. +b. Expenses incurred in deriving Exempt Income. +c. Losses not connected with or arising out of the Taxable Person's Business. +d. Such other expenses as may be specified in a resolution issued by the Cabinet at the suggestion of the Minister. +a. If expenses are incurred for more than one purpose, a deduction shall be allowed for: +a. Any identifiable part or proportion of the expenditure incurred wholly and exclusively for the purposes of deriving Taxable Income. +b. An appropriate percentage of any unidentifiable part or percentage of the expenses +incurred for the purposes of deriving Taxable Income that are determined on a fair +and reasonable basis, having r egard to the relevant facts and circumstances of the +Taxable Person's Business. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (29) +Interest Expense +Notwithstanding paragraph (b) of Clause 2 of Article 28 of this Decree -Law, Interest Expense +shall be deductible for the Tax Period in which it is incurred, subject to the other provisions +of Article 28 and Articles 30 and 31 of this Decree -Law. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (30) +General Interest Deduction Limitation Rule +1. A Taxable Person's Net Interest Expense shall be deductible up to 30% (thirty percent) of +the Taxable Person's accounting earnings before interest, taxes, depreciation and +amortization (EBITDA) for the relevant Tax Period, excluding any Exempt Income under +Article 22 of this Decree -Law. +Federal Law No. (47) of 2022 on Corporate and Business Tax 39 + 2. A Taxable Person's Net Interest Expense for a Tax Period is the amou nt of the Interest +Expense incurred during the Tax Period in addition to the amount of any Net Interest +Expense carried forward under Clause 4 of this Article, which exceeds the taxable +Interest income derived during that same period. +3. The limitation under Clause 1 of this Article shall not apply where the Net Interest +Expense of the Taxable Person for the relevant Tax Period does not exceed an amount +specified by the Minister. +4. The amount of Net Interest Expense that is not deductible under Clause 1 of this Article +may be carried forward and deducted in the subsequent (10) ten Tax Periods in the +order in which the amount was incurred, subject to Clauses 1 and 2 of this Article. +c. Interest Expense that is not deductible under any other provision of this Decree -Law +shall be excluded from the calculation of Net Interest Expense under Clause 2 of this +Article. +6. Clauses 1 to 5 of this Article shall not apply to the following Persons: +a. A Bank. +b. An Insurer. +c. A natural person undertaking a Business or Business Activity in t he State. +d. Any other Person as may be determined by the Minister. +7. The Minister may issue a decision to specify the application of Clauses 1 and 2 of this +Article to a Taxable Person that is related to one or more Persons through ownership or +control and the y are obligated under applicable accounting standards to have +consolidated financial statements. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (31) +Special Interest Deduction Limitation Rule +1. No deduction shall be allowed for Interest Expense incurred on a loan obtained, directly +or indirectly, from a Related Party in respect of any of the following transactions: +a. A dividend or profit distribution to the Related Party. +b. A redemption, repurchase, reduction or return of capital to the Related Party. +c. A contribution in the capital of the Related Party . +Federal Law No. (47) of 2022 on Corporate and Business Tax 40 + d. The acquisition of an ownership interest in a Person who is a Related Party or +becomes a Related Party following the acquisition. +2. Clause 1 of this Article shall not apply where the Taxable Person can demonstrate that the main purpose of obtaining the loan and carrying out the transaction referred to under Clause 1 of this Article is not to gain a Corporate Tax advantage. +3. For the purposes of Clause 2 of this Article, no Corporate Tax advantage shall be deemed to arise where the Related Party is subject to Corporate Tax or a tax of a similar character under the applicable legislation of a foreign jurisdiction on the Interest at a rate not less +than the rate specified in paragraph (b) of Clause 1 of Article 3 of this Decree -Law. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (32) +Entertainment Exp enses +1. Subject to Article 28 of this Decree -Law, a Taxable Person shall be allowed to deduct +50% (fifty percent) of any entertainment, amusement, or recreation expenses incurred during a Tax Period. +2. Clause 1 of this Article applies to any expenses incurred for the purposes of receiving +and entertaining the Taxable Person's customers, shareholders, suppliers or other +business partners, including, but not limited to, expenses in connection with any of the +following: +a. Meals. +b. Accommodation. +c. Transportation. +d. Admission fees. +e. Facilities and equipment used in connection with such entertainment, amusement or +recreation. +2. Such other expenses as specified by the Minister. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (33) +Non -deductible Expenses +No deduction is allowed for: +Federal Law No. (47) of 2022 on Corporate and Business Tax 41 + b. Donations, grants or gifts made to an entity that is not a Qualifying Public Benefit Entity. +2. Fines and penalties, other than the amounts awarded as compensation for damages or +breach of contract. +3. Bribes or other illicit payments. +4. Dividends, profit distributions or benefits of a similar natur e paid to an owner of the +Taxable Person. +5. Amounts withdrawn from the Business by a natural person who is a Taxable Person +under paragraph (c) of Clause 3 of Article 11 of this Decree -Law or a partner in an +Unincorporated Association. +6. Corporate Tax imposed on a Taxable Person under this Decree -Law. +7. Inputs' Value Added Tax incurred by a Taxable Person that is recoverable under Federal +Decree- Law No. (8) of 2017 referred to and what replaces it. +8. Tax on income imposed on the Taxable Person outside the State. +9. Such other expenses as specified in a resolution issued by the Cabinet at the suggestion +of the Minister. + +Chapter Ten +Transactions with Related Parties and Connected Persons +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (34) +Arm's Length Principle +1. In determining the Taxable Income, transactions and arrangements between Related Parties shall meet the arm's length standard as specified in Clauses 2, 3, 4 and 5 of this +Article and any conditions that may be prescribed in a decision issued by the Authority. +2. A transaction or arrangement between Related Parties shall be deemed to have met the +arm's length standard if the results of the transaction or arrangement are consistent with +the results that would have been realized if the Persons who were not Related Parties +had engaged in a similar transaction o r arrangement under similar circumstances. +3. The arm's length result of a transaction or arrangement between Related Parties shall be +determined by applying one or a combination of the following transfer pricing methods: +a. The comparable uncontrolled price met hod. +Federal Law No. (47) of 2022 on Corporate and Business Tax 42 + b. The resale price method. +c. The cost -plus method. +d. The transactional net margin method. +e. The transactional profit split method. +4. The Taxable Person may apply any transfer pricing method other than the methods +listed in Clause 3 of this Article where the Tax able Person can demonstrate that none of +the above methods can be reasonably applied to determine an arm's length result and +that any such other transfer pricing method used satisfies the condition of Clause 2 of +this Article. +5. The choice and application of a transfer pricing method or a combination of transfer +pricing methods under Clause 3 or 4 of this Article shall be made having regard to the +most reliable transfer pricing method and taking into account the following factors: +a. The contractual terms of the transaction or arrangement. +b. The characteristics of the transaction or arrangement. +c. The economic circumstances in which the transaction or arrangement is conducted. +d. The functions performed, assets employed, and risks assumed by the Related Parties entering into the transaction or arrangement. +e. The business strategies employed by the Related Parties entering into the transaction or arrangement. +7. The Authority's examination as to whether income and expenses resulting from the +Taxable Person's relevant transactions or arrangements meet the arm's length standard +shall be based on the transfer pricing method used by the Taxable Person in accordance +with Clause 3 or 4 of this Article, provided such transfer pricing method is appropriate +having regard to the factors mentioned in Clause 5 of this Article. +7. The application of the selected transfer pricing method or a combination of transfer +pricing methods in accordance with Clause 3 or 4 of this Article may result in an arm's +length range of financial results or indicat ors acceptable for establishing the arm's length +result of a transaction or arrangement between Related Parties, subject to any conditions specified in a decision issued by the Authority. +8. Where the result of the transaction or arrangement between Related P arties does not fall +Federal Law No. (47) of 2022 on Corporate and Business Tax 43 + within the arm's length range, the Authority shall adjust the Taxable Income to achieve +the arm's length result that best reflects the facts and circumstances of the transaction or +arrangement. +9. Where the Authority makes an adjustment t o the Taxable Income pursuant to Clause 8 +of this Article, the Authority shall rely on information that can or will be made available +to the Taxable Person. +10. Where the Authority or a Taxable Person adjusts the Taxable Income for a transaction or +arrangement to meet the arm's length standard, the Authority shall make a +corresponding adjustment to the Taxable Income of the Related Party that is party to the relevant transaction or arrangement. +11. Where a foreign competent authority makes an adjustment to a transaction or arrangement involving a Taxable Person to meet the arm's length standard, such Taxable +Person may submit an application to the Authority to make a corresponding adjustment +to its Taxable Income. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (35) +Related Parties and Controls +1. For the pu rposes of this Decree -Law, ""Related Parties"" means any of the following: +a. Two or more natural persons who are related up to the fourth degree of kinship or affiliation, including by way of adoption or guardianship. +b. A natural person and a juridical person wh ere: +2. the natural person or one or more Related Parties of the natural person are shareholders +in the juridical person, and the natural person, alone or together with its Related Parties, +directly or indirectly owns a 50% (fifty percent) or a greater owners hip interest in the +juridical person; or +3. the natural person, alone or together with its Related Parties, directly or indirectly +Controls the juridical person. +a. Two or more juridical persons where: +4. one juridical person, alone or together with its Related Par ties, directly or indirectly owns +a 50% (fifty percent) or a greater ownership interest in the other juridical person; +Federal Law No. (47) of 2022 on Corporate and Business Tax 44 + 5. one juridical person, alone or together with its Related Parties, directly or indirectly +Controls the other juridical person; or +6. any Pers on, alone or together with its Related Parties, directly or indirectly owns a 50% +(fifty percent) or a greater ownership interest in or controls such two or more juridical persons. +a. A Person and its Permanent Establishment or Foreign Permanent Establishment . +b. Two or more Persons that are partners in the same Unincorporated Association. +c. A Person who is the trustee, founder, settlor or beneficiary of a trust or foundation, +and its Related Parties. +7. For the purposes of this Decree -Law, ""Control"" means the ability of a Person, whether in +their own right or by agreement or otherwise to influence another Person, including: +a. The ability to exercise 50% (fifty percent) or more of the voting rights of the other Person. +b. The ability to determine the composition of 50% (fif ty percent) or more of the Board +of directors of the other Person. +c. The ability to receive 50% (fifty percent) or more of the profits of the other Person. +d. The ability to determine, or exercise significant influence over, the conduct of the Business and affairs of the other Person. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (36) +Payments to Connected Persons +1. Without prejudice to the provisions of Article 28 of this Decree -Law, a payment or +benefit provided by a Taxable Person to its Connected Person shall be deductible only if +and to the exten t that the payment or benefit corresponds with the Market Value of the +service, benefit or otherwise provided by the Connected Person and is incurred wholly +and exclusively by the Taxable Person for the purposes of the Taxable Person's Business. +2. For the pu rposes of this Decree -Law, a Person shall be deemed to be a Connected Person +of a Taxable Person if that Person is: +a. An owner of the Taxable Person. +b. A director or officer at the Taxable Person. +Federal Law No. (47) of 2022 on Corporate and Business Tax 45 + c. A Related Party of any of the Persons referred to in paragraphs (a) and (b) of Clause 2 +of this Article. +3. For the purposes of paragraph (a) of Clause 2 of this Article, an owner of the Taxable +Person is any natural person who directly or indirectly owns an ownership interest in the Taxable Person or Controls such Taxab le Person. +4. Where the Taxable Person is a partner in an Unincorporated Association, a Connected Person is any other partner in that same Unincorporated Association, and any Person that is a Related Party of that partner. +5. To determine that a payment or benef it provided by the Taxable Person corresponds +with the Market Value of the service or otherwise provided by the Connected Person in +exchange therefor, the relevant provisions of Article 34 of this Decree -Law shall apply as +the context requires. +6. Clause 1 of this Article shall not apply to any of the following: +a. A Taxable Person whose shares are traded on a Recognized Stock Exchange. +b. A Taxable Person that is subject to the regulatory oversight of a competent authority in the State. +c. Any other Person as may be d etermined in a resolution issued by the Cabinet at the +suggestion of the Minister. + +Chapter Eleven +Tax Loss Provisions +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (37) +Tax Loss Relief +1. A Tax Loss can be offset against the Taxable Income of subsequent Tax Periods to arrive +at the Taxable Income for those subsequent Tax Periods. +2. The amount of Tax Loss used to reduce the Taxable Income for any subsequent Tax Period cannot exceed 75% (seventy -five percent) or any other percentage as specified in +a resolution issued by the Cabinet at the suggestion of t he Minister of the Taxable +Income for that Tax Period before any Tax Loss relief, except in circumstances that may +be prescribed in a resolution issued by the Cabinet at the suggestion of the Minister. +Federal Law No. (47) of 2022 on Corporate and Business Tax 46 + 3. A Taxable Person cannot claim Tax Loss relief for: +a. Losses incurred before the date of commencement of Corporate Tax. +b. Losses incurred before a Person becomes a Taxable Person under this Decree -Law. +c. Losses incurred from an asset or activity the income of which is exempt, or otherwise +not taken into account unde r this Decree -Law. +4. A Tax Loss carried forward to a subsequent Tax Period shall be set off against the +Taxable Income of that subsequent Tax Period, before any remainder can be carried +forward to a further subsequent Tax Period, or any Tax Loss transferred under Article 38 +of this Decree -Law can be utilized. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (38) +Transfer of Tax Loss +1. A Tax Loss or a portion thereof may be offset against the Taxable Income of another +Taxable Person where all of the following conditions are met: +a. Both Taxable Persons ar e juridical persons. +b. Both Taxable Persons are Resident Persons. +c. Either Taxable Person has a direct or indirect ownership interest of at least 75% (seventy -five percent) in the other, or a third Person has a direct or indirect +ownership interest of at least 75% (seventy -five percent) in each of the Taxable +Persons. +d. The joint ownership under paragraph (c) of Clause 1 of this Article must exist from the start of the Tax Period in which the Tax Loss is incurred to the end of the Tax +Period in which the other Taxable Person offsets the Tax Loss transferred against its +Taxable Income. +e. None of the Persons are an Exempt Person. +f. None of the Persons are a Qualifying Free Zone Person. +g. The Fiscal Year of each of the Taxable Persons ends on the same date. +h. Both Taxable Pe rsons prepare their financial statements using the same accounting +standards. +2. Where a Taxable Person transfers its Tax Loss to another Taxable Person under Clause 1 +Federal Law No. (47) of 2022 on Corporate and Business Tax 47 + of this Article: +a. the Taxable Person which the Tax Loss is transferred to shall reduce its T axable +Income for the relevant Tax Period; +b. the total Tax Loss offset shall not exceed the amount allowed under Clause 2 of +Article 37 of this Decree -Law; and +c. the Taxable Person shall reduce its available Tax Losses by the amount of the Tax +Loss transferred to the other Taxable Person for the relevant Tax Period. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (39) +Limitation on Tax Losses Carryforward +1. Tax Losses can only be carried forward and utilized in accordance with the provision of Clause 2 of Article 37 of this Decree -Law provided that: +a. From the beginning of the Tax Period in which the Tax Loss is incurred to the end of +the Tax Period in which the Tax Loss or part thereof is offset against Taxable Income of that period, the same Person or Persons continuously owned at least a 50% (fifty +percent) ownership interest in the Taxable Person. +b. The Taxable Person continued to conduct the same or a similar Business or Business Activity following a change in ownership of more than 50% (fifty percent). +2. For the purposes of paragraph (b) of Clause 1 of this Article, relevant factors for +determining whether a Taxable Person has continued to conduct the same or a similar +Business or Business Activity following a change in the direct or indirect ownership include: +a. the Taxable Person uses some or all of the s ame assets as before the ownership +change; +b. the Taxable Person has not made significant changes to the core identity or operations of its Business since the ownership change; and +c. where there have been any changes, these result from the development or +exploi tation of assets, services, processes, products or methods that existed before +the ownership change. +3. Clause 1 of this Article shall not apply to a Taxable Person whose shares are listed on a +Federal Law No. (47) of 2022 on Corporate and Business Tax 48 + Recognized Stock Exchange. + +Chapter Twelve +Tax Group Provisions +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (40) +Tax Group +1. A Resident Person, which for the purposes of this Decree -Law shall be referred to as a +""Parent Company"", can make an application to the Authority to form a Tax Group with +one or more other Resident Persons, each referred to as a ""Subsidiary"" for the purposes +of this Chapter, where all of the following conditions are met: +a. The Resident Persons are juridical persons. +b. The Parent Company owns at least 95% (ninety -five percent) of the share capital of +the Subsidiary, either directly or indire ctly through one or more Subsidiaries. +c. The Parent Company holds at least 95% (ninety -five percent) of the voting rights in +the Subsidiary, either directly or indirectly through one or more Subsidiaries. +d. The Parent Company is entitled to at least 95% (ninet y-five percent) of the +Subsidiary's profits and net assets, either directly or indirectly through one or more +Subsidiaries. +e. Neither the Parent Company nor the Subsidiary is an Exempt Person. +f. Neither the Parent Company nor the Subsidiary is a Qualifying Fre e Zone Person. +g. The Parent Company and the Subsidiary have the same Fiscal Year. +h. Both the Parent Company and the Subsidiary prepare their financial statements +using the same accounting standards. +2. Notwithstanding paragraph (e) of Clause 1 of this Article, on e or more Subsidiaries in +which a Government Entity directly or indirectly owns at least a 95% (ninety - five +percent) ownership interest as specified in paragraphs (b), (c) and (d) of Clause 1 of this Article can form a Tax Group, subject to the conditions to be prescribed by the Authority. +3. An application made under Clause 1 of this Article shall be made to the Authority by the +Parent Company and each Subsidiary seeking to become members of the Tax Group. +4. A Tax Group formed under Clause 1 of this Article is treated as a single Taxable Person +Federal Law No. (47) of 2022 on Corporate and Business Tax 49 + for the purposes of this Decree -Law, represented by the Parent Company. +5. The Parent Company shall comply with all obligations set out in Chapters Fourteen, +Sixteen and Seventeen of this Decree -Law on behalf of the Tax Gro up. +6. The Parent Company and each Subsidiary shall be jointly and severally liable for +Corporate Tax Payable by the Tax Group for those Tax Periods when they are members +of the Tax Group. +7. The joint and several liability under Clause 6 of this Article for a T ax Period can be +limited to one or more members of the Tax Group following approval by the Authority. +8. The Parent Company and each Subsidiary shall remain responsible for complying with +the provisions under Article 45 of this Decree -Law. +9. A Subsidiary can jo in an existing Tax Group following submission of an application to +the Authority by the Parent Company and the relevant Subsidiary. +10. A Subsidiary shall leave the Tax Group in the following circumstances: +a. Following approval by the Authority of an application by the Parent Company and +the relevant Subsidiary. +b. Where the relevant Subsidiary no longer meets the conditions to be a member of the Tax Group as specified in Clause 1 of this Article. +11. A Tax Group shall cease to exist in any of the following circumstance s: +a. Following approval by the Authority of an application by the Parent Company. +b. Where the Parent Company no longer meets the conditions to form a Tax Group as +specified in Clause 1 of this Article, subject to the provisions of Clause 12 of this +Article. +12. The Parent Company of a Tax Group can make an application to the Authority to be +replaced by another Parent Company without a discontinuation of the Tax Group, in any +of the following circumstances. +a. The new Parent Company meets the conditions under Clause 1 of this Article relating +to the former Parent Company. +b. The former Parent Company ceases to exist and the new Parent Company or a Subsidiary is its universal legal successor. +13. Notwithstanding Clauses 11 and 12 of this Article, the Authority may, at its discr etion, +Federal Law No. (47) of 2022 on Corporate and Business Tax 50 + dissolve a Tax Group or change the Parent Company of a Tax Group based on +information available to the Authority, and notify the Parent Company of such action +taken. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (41) +Date of Formation and Cessation of a Tax Group +1. For the purposes of Art icle 40 of this Decree- Law, a Tax Group shall be formed, or a new +Subsidiary shall join an existing Tax Group from the beginning of the Tax Period specified in the application submitted to the Authority, or from the beginning of any +other Tax Period determ ined by the Authority. +2. For the purposes of paragraph (a) of Clause 10 of Article 40 and paragraph (a) of Clause +11 of Article 40 of this Decree -Law, the relevant member of a Tax Group shall be treated +as leaving that Tax Group from the beginning of the Tax Period specified in the +application submitted to the Authority, or from the beginning of any other Tax Period +determined by the Authority. +3. For the purposes of paragraph (b) of Clause 10 of Article 40 and paragraph (b) of Clause 11 of Article 40 of this De cree- Law, the relevant member of a Tax Group shall be treated +as leaving that Tax Group from the beginning of the Tax Period in which the conditions +under Clause 1 of Article 40 of this Decree -Law are no longer met. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (42) +Taxable Income of a Tax Gro up +1. For the purposes of determining the Taxable Income of a Tax Group, the Parent +Company shall consolidate the financial results, assets and liabilities of each Subsidiary +for the relevant Tax Period, eliminating transactions between the Parent Company and +each Subsidiary that is a member of the Tax Group. +2. The relevant provisions of this Decree -Law shall apply as the context requires to the Tax +Group. +3. Unutilized Tax Losses of a Subsidiary that joins a Tax Group (referred to in this Article as +""pre- Grouping Tax Losses"") shall become carried forward Tax Losses of the Tax Group, +Federal Law No. (47) of 2022 on Corporate and Business Tax 51 + and can be used to offset the Taxable Income of the Tax Group insofar as this income is +attributable to the relevant Subsidiary. +4. Where a new Subsidiary joins an existing Tax Group, Unut ilized Tax Losses of the +existing Tax Group cannot be used to offset the Taxable Income of the Tax Group insofar this income is attributable to the new Subsidiary. +5. The application of Clauses 3 and 4 of this Article is subject to the conditions of Articles 37 and 39 of this Decree -Law. +6. Where a Subsidiary leaves a Tax Group, Tax Losses of the Tax Group shall remain with +the Tax Group, with the exception of any Unutilized pre -Grouping Tax Losses of the +relevant Subsidiary. +7. On cessation of a Tax Group, Unutiliz ed Tax Losses of the Tax Group shall be allocated +as follows: +a. Where the Parent Company continues to be a Taxable Person, all Tax Losses shall +remain with the Parent Company. +b. Where the Parent Company ceases to be a Taxable Person, Tax Losses of the Tax +Grou p shall not be available for offset against future Taxable Income of individual +Subsidiaries, with the exception of any Unutilized pre -Grouping Tax Losses of such +Subsidiaries. +8. Paragraph (b) of Clause 7 of this Article shall not apply where there is a cont inuation of +the Tax Group under Clause 12 of Article 40 of this Decree -Law. +9. Clause 1 of this Article shall not apply where an asset or liability has been transferred +between members of the Tax Group and either the transferor or transferee leaves the +Tax Gr oup within (2) two years from the date of the transfer, unless the associated +income would have been exempt from Corporate Tax or not taken into account under any other provisions of this Decree -Law. +10. Any income that was not taken into account with regards to a transfer described in +Clause 9 of this Article shall be taken into account on the date the transferor or +transferee leaves the Tax Group, and shall result in a corresponding adjustment of the +cost base for Corporate Tax purposes of the relevant asset or liability. +11. The Tax Group shall prepare consolidated financial statements in accordance with +Federal Law No. (47) of 2022 on Corporate and Business Tax 52 + accounting standards applied in the State. + +Chapter Thirteen +Calculation of Corporate Tax Payable +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (43) +Currency +For the purposes of this Decree -Law, all amounts shall be quantified in the United Arab +Emirates dirham. Any amount quantified in another currency shall be converted at the +applicable exchange rate set by the Central Bank of the United Arab Emirates, subject to any +conditions that may be prescribed in a decision issued by the Authority. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (44) +Calculation and Settlement of Corporate Tax +The Corporate Tax due under this Decree -Law shall be settled in the following order: +1. First, by using the Taxable Person's available Withholding Tax Credit, as deter mined +under Article 46 of this Decree -Law. +2. To the extent that there is a residual amount after Clause 1 of this Article, by using the +Taxable Person's available Foreign Tax Credit as determined under Article 47 of this +Decree- Law. +3. To the extent that there is a residual amount after Clause 2 of this Article, by using any +credits or other forms of relief as specified in a resolution issued by the Cabinet at the suggestion of the Minister. +4. To the extent that there is a residual amount after Clause 3 of this Ar ticle, this amount of +Corporate Tax Payable shall be settled in accordance with Article 48 of this Decree -Law. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (45) +Withholding Tax +1. The following income shall be subject to Withholding Tax at the rate of 0% (zero percent) or any other rate as spe cified in a resolution issued by the Cabinet at the +Federal Law No. (47) of 2022 on Corporate and Business Tax 53 + suggestion of the Minister: +a. The categories of State Sourced Income derived by a Non -Resident Person as +prescribed in the resolution issued by the Cabinet pursuant to this Article, insofar as +such income is not attributable to a Permanent Establishment of the Non -Resident +Person in the State. +b. Any other income as specified in a resolution issued by the Cabinet at the suggestion +of the Minister. +2. The Withholding Tax payable under Clause 1 of this Article shall be deducted from the +gross amount of the payment and shall be remitted to the Authority in the form and +manner and within the timeline prescribed by the Authority. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (46) + Withholding Tax Credit +1. If a Person becomes a Taxable Person in a Tax Period, t he Person's Corporate Tax due +under Article 3 of this Decree -Law can be reduced by the amount of the Withholding Tax +Credit for that Tax Period. +2. The maximum Withholding Tax Credit under this Decree -Law is the lower of: +a. The amount of Withholding Tax deducte d under Clause 2 of Article 45 of this +Decree- Law. +b. The Corporate Tax due under this Decree -Law. +3. Any excess Withholding Tax Credit for a Tax Period as a result of Clause 2 of this Article shall be refunded to the Taxable Person in accordance with Article 49 of this +Decree- Law. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (47) +Foreign Tax Credit +1. Corporate Tax due under Article 3 of this Decree -Law can be reduced by the amount of +Foreign Tax Credit for the relevant Tax Period. +2. The Foreign Tax Credit under this Decree -Law cannot exceed the amount of Corporate +Tax due on the relevant income. +Federal Law No. (47) of 2022 on Corporate and Business Tax 54 + 3. Any unutilized Foreign Tax Credit as a result of Clause 2 of this Article cannot be carried +forward or carried back. +4. A Taxable Person shall maintain all necessary records for the purposes of claiming a Foreign T ax Credit. + +Chapter Fou rteen +Payment and Refund of Corporate Tax +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (48) +Corporate Tax Payment +A Taxable Person shall settle the Corporate Tax Payable under this Decree -Law within (9) +nine months from the end of the relevant Tax Period, or by such other date as determined by +the Authority. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (49) +Corporate Tax Refund +1. A Taxable Person may submit an application to the Authority for a Corporate Tax refund in accordance with the provisions of the Tax Procedures Law in the following +circumstances: +a. The Withho lding Tax Credit available to a Taxable Person exceeds the Taxable +Person's Corporate Tax Payable. +b. Where the Authority is otherwise satisfied that the Taxable Person has paid +Corporate Tax in excess of the Taxable Person's Corporate Tax Payable. +2. The Author ity shall issue the Taxable Person a notice of the Authority's decision on an +application under Clause 1 of this Article in accordance with the Tax Procedures Law. + +Chapter fifteen +Anti -Abuse Rules +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (50) +General Anti- abuse Rule +Federal Law No. (47) of 2022 on Corporate and Business Tax 55 + 1. This Article applies to a t ransaction or an arrangement if, having regard to all relevant +circumstances, it can be reasonably concluded that: +a. the entering into or carrying out of the transaction or arrangement, or any part +thereof, is not for a valid commercial or other non -fiscal r eason which reflects +economic reality; and +b. the main purpose or one of the main purposes of the transaction or arrangement, or +any part thereof, is to obtain a Corporate Tax advantage that is not consistent with +the intention or purpose of this Decree -Law. +2. For the purposes of this Article, a Corporate Tax advantage includes, but is not limited to, +the following: +a. A refund or an erroneous refund of Corporate Tax. +b. Avoidance or reduction of Corporate Tax Payable. +c. Deferral of the payment of Corporate Tax or exped iting its refund. +d. Avoidance of an obligation to deduct or compute the Corporate Tax. +3. Where the provisions of this Article apply to a transaction or arrangement, the Authority +may make a determination that one or more specified Corporate Tax advantages +obta ined as a result of the transaction or arrangement are to be counteracted or +adjusted. +4. If a determination is made under Clause 3 of this Article, the Authority shall issue an assessment giving effect to the determination, which may include: +a. allowing or dis allowing any exemption, deduction or relief in calculating the Taxable +Income or the Corporate Tax Payable, or any part thereof; +b. allocating any such exemption, deduction or relief, or any part thereof, to any other Persons; +c. recharacterizing, for the purpos es of this Decree- Law, the nature of any payment or +other amount, or any part thereof; or +d. disregarding the effect that would otherwise result from the application of other +provisions of this Decree -Law, and can make compensating adjustments to the +Corporat e Tax liability of any other Person affected by the determination made by +the Authority. +Federal Law No. (47) of 2022 on Corporate and Business Tax 56 + 5. For the purpose of determining whether this Article applies to a transaction or +arrangement, the following shall be considered: +a. The manner in which the transaction or arrangement was entered into or carried out. +b. The form and substance of the transaction or arrangement. +c. The timing of the transaction or arrangement. +d. The result of the transaction or arrangement in relation to the application of this +Decree- Law. +e. Any change in the financial position of the Taxable Person that has resulted, will +result, or may reasonably be expected to result, from the transaction or arrangement. +f. Any change in the financial position of another Person that has resulted, will result, +or may reas onably be expected to result, from the transaction or arrangement. +g. Whether the transaction or arrangement has created rights or obligations which +would not normally be created between Persons dealing with each other at arm's +length in respect of the relevant transaction or arrangement. +h. Any other relevant information and circumstances. +6. In any proceeding concerning the application of this Article, the Authority shall demonstrate that the determination made under Clause 3 of this Article is just and +reasonable . + +Chapter Sixteen +Tax Registration and Deregistration +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (51) +Tax Registration +1. Any Taxable Person shall register for Corporate Tax with the Authority in the form and +manner and within the timeline prescribed by the Authority and obtain a Tax +Registration N umber, except in circumstances prescribed by the Minister. +2. For the purposes of an exemption from Corporate Tax under this Decree -Law or for +purposes of Clause 6 of Article 53 of this Decree -Law, the Authority may require the +relevant Person under paragraphs (e), (f), (g), (h) and (i) of Clause 1 of Article 4 of this +Decree- Law, or the Unincorporated Association, as applicable, to register for Corporate +Federal Law No. (47) of 2022 on Corporate and Business Tax 57 + Tax and obtain a Tax Registration Number. +3. The Authority shall, at its discretion and based on the informat ion available to the +Authority, have the ability to register a Person for Corporate Tax effective from the date +the Person became a Taxable Person. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (52) +Tax Deregistration +1. A Person with a Tax Registration Number shall file a Tax Deregistration ap plication with +the Authority where there is a cessation of its Business or Business Activity, whether by +dissolution, liquidation, or otherwise, in the form and manner and within the timeline +prescribed by the Authority. +2. A Taxable Person shall not be dereg istered unless it has paid all Corporate Tax and +Administrative Fines due and filed all Tax Returns due under this Decree -Law, including +its Tax Return for the Tax Period up to and including the date of cessation. +3. If the Tax Deregistration application is approved, the Authority shall deregister the Person for Corporate Tax purposes with effect from the date of cessation or from such other date as may be determined by the Authority. +4. Where a Person does not comply with the Tax Deregistration requirements unde r this +Article, the Authority may, at its discretion and based on information available to the +Authority, deregister the Taxable Person effective from the later of either: +a. the last day of the Tax Period in which it became apparent to the Authority that the +conditions under Clause 2 of this Article have been met; or +b. the date the Taxable Person ceases to exist. + +Chapter Seventeen +Tax Returns and Clarifications +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (53) +Tax Returns +1. Subject to Article 51 of this Decree -Law, a Taxable Person shall file a Tax Return, as +Federal Law No. (47) of 2022 on Corporate and Business Tax 58 + applicable, to the Authority in the form and manner prescribed by the Authority no later +than (9) nine months from the end of the relevant Tax Period, or by such other date as +directed by the Authority. +2. The Tax Return shall include at least the following information, as applicable: +a. The Tax Period to which the Tax Return relates. +b. The name, address and Tax Registration Number of the Taxable Person. +c. The date of submission of the Tax Return. +d. The accounting basis used in the financial statements. +e. The Taxable Income for the Tax Period. +f. The amount of Tax Loss relief claimed under Clause 1 of Article 37 of this +Decree- Law. +g. The amount of Tax Loss transferred under Article 38 of this Decree -Law. +h. The available tax credits claimed under Articles 46 and 47 of this De cree- Law. +i. The Corporate Tax Payable for the Tax Period. +3. A Taxable Person shall provide the Authority with any such information, documents or records as shall be reasonably required by the Authority for the purposes of +implementing the provisions of this De cree- Law. +4. Notwithstanding the provisions of this Article and any other relevant provision of this Decree- Law, the Minister may prescribe the form and manner in which a Tax Return and +other information are to be filed with the Authority by a Taxable Person where the +disclosure of information may impede national security or may be contrary to the public +interest. +5. The Authority may request a Person under paragraphs (e), (f), (g), (h) and (i) of Clause 1 +of Article 4 of this Decree -Law to submit a declaration. +6. The Authority may, by notice or through a decision issued by the Authority, request the +authorized partner in an Unincorporated Association whose application to become +subject to corporate tax under Clause 8 of Article 16 of this Decree -Law was not +approve d, to file a declaration on behalf of all the partners in the Unincorporated +Association. +7. The Parent Company shall file a Tax Return to the Authority on behalf of the Tax Group. +Federal Law No. (47) of 2022 on Corporate and Business Tax 59 + " +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (54) +Financial Statements +1. The Authority may, by notice or through a de cision issued by the Authority, request a +Taxable Person to submit the financial statements used to determine the Taxable Income +for a Tax Period in the form and manner and within the timeline prescribed by the +Authority. +2. The Minister may issue a decision requiring categories of Taxable Persons to prepare and +maintain audited or certified financial statements. +3. For the purposes of Clause 1 of this Article, the Authority may request a partner in an +Unincorporated Association to provide financial statements sh owing all of the following: +a. The total assets, liabilities, income and expenses of the Unincorporated Association. +b. The partner's distributive share in the Unincorporated Association's assets, liabilities, +income and expenses. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (55) +Transfer Pricing Documentation +1. The Authority may, by notice or through a decision issued by the Authority, require a +Taxable Person to file together with their Tax Return a disclosure containing information +regarding the Taxable Person's transactions and arrangements with its Related Parties and Connected Persons in the form prescribed by the Authority. +2. If a Taxable Person's transactions with its Related Parties and Connected Persons for a Tax Period meet the conditions prescribed by the Minister, the Taxable Person shall +maintain both a master file and a local file in the form prescribed by the Authority. +3. The documentation under Clause 2 of this Article shall be submitted to the Authority +within (30) thirty days following a request by the Authority, or by any such other late r +date as directed by the Authority. +4. Upon a request by the Authority, a Taxable Person shall provide the Authority with any information to support the arm's length nature of the Taxable Person's transactions or +arrangements with its Related Parties and Con nected Persons, within (30) thirty days +following the request by the Authority, or by any such other later date as directed by the +Federal Law No. (47) of 2022 on Corporate and Business Tax 60 + Authority. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (56) +Record Keeping +1. Notwithstanding the provisions of the Tax Procedures Law, a Taxable Person shall +maint ain all records and documents for a period of (7) seven years following the end of +the Tax Period to which they relate that: +a. Support the information to be provided in a Tax Return or in any other document to be filed with the Authority. +b. Enable the Taxable Person's Taxable Income to be readily ascertained by the Authority. +2. Notwithstanding the provisions of the Tax Procedures Law, an Exempt Person shall +maintain all records that enable the Exempt Person's status to be readily ascertained by +the Authority for a period of (7) seven years following the end of the Tax Period to which +they relate. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (57) +Tax Period +1. A Taxable Person's Tax Period is the Fiscal Year or part thereof for which a Tax Return is required to be filed. +2. For the purposes of this Decree -Law, the Fiscal Year of a Taxable Person shall be the +Gregorian calendar year, or the (12) twelve -month period for which the Taxable Person +prepares financial statements. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (58) +Change of Tax Period +Notwithstanding Article 57 of this Decree -Law, a Tax able Person can make an application to +the Authority to change the start and end date of its Tax Period, or use a different Tax Period, subject to the conditions to be set by the Authority. +Federal Law No. (47) of 2022 on Corporate and Business Tax 61 + " +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (59) +Clarifications +1. A Person may make an application to th e Authority for a clarification regarding the +application of this Decree -Law or the conclusion of an advance pricing agreement with +respect to a transaction or an arrangement proposed or entered into by the Person. +2. The application under Clause 1 of this Ar ticle shall be made in the form and manner +prescribed by the Authority. + +Chapter Eighteen +Violations and Penalties +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (60) +Assessment of Corporate Tax and Fines +1. A Person may be subject to a Corporate Tax assessment in accordance with the Tax +Procedures Law and the decisions issued in the implementation of its provisions. +2. Notwithstanding the provisions of the Tax Procedures Law and the resolutions issued for the implementation of its provisions, the Authority may prescribe the circumstances +and conditions unde r which a Corporate Tax assessment may be requested by a Taxable +Person or issued by the Authority. +3. The Tax Procedures Law referred to in the preamble and the resolutions issued for the +implementation of its provisions shall determine the relevant penaltie s and fines +relevant to the implementation of this Decree -Law. + +Chapter Nineteen +Transitional Rules +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (61) +Transitional Rules +1. A Taxable Person's opening balance sheet for Corporate Tax purposes shall be the +closing balance sheet prepared for financial repor ting purposes based on the accounting +standards applicable in the State on the last day of the Fiscal Year that ends immediately +Federal Law No. (47) of 2022 on Corporate and Business Tax 62 + before the first Tax Period commences, subject to any conditions or adjustments that +may be prescribed by the Minister. +2. The opening balance sheet referred to in Clause 1 of this Article shall be prepared taking into consideration the arm's length principle in accordance with Article 34 of this Decree- Law. +3. For the purposes of Clauses 1 and 2 of this Article, and notwithstanding the provisions of +Article 70 of this Decree -Law, the provisions of Article 50 of this Decree -Law shall apply +to transactions or arrangements entered into on or after the date this Decree -Law is +published in the Official Gazette. +4. The Cabinet may, at the sugges tion of the Minister, issue a resolution prescribing other +transitional measures related to the implementation of this Decree -Law and the +application of its provisions. + +Chapter Twenty +Closing provisions +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (62) +Delegation of Power +The Minister may delegat e his powers under this Decree -Law, in full or in part, to the +Authority, where the Minister deems appropriate. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (63) +Administrative Policies and Procedures +The administrative policies, procedures and general instructions in relation to the requirem ents imposed on a Person under this Decree -Law shall be issued by the Authority +in coordination with the Ministry. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (64) +Cooperating with the Authority +All governmental authorities in the State shall fully cooperate with the Authority to carry out +Federal Law No. (47) of 2022 on Corporate and Business Tax 63 + whatever is required to implement the provisions of this Decree -Law and provide the +Authority with any data, information and documentation in respect of a Taxable Person or +an Exempt Person as may be requested by the Authority. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (65) +Revenue Sharing +Corporate Tax revenues and Administrative Fines collected under this Decree -Law shall be +subject to sharing between the Federal Government and the Local Governments based on the provisions of a federal law issued in this regard. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (66) +International Agreements +To the extent that the terms of an international agreement in force in the State are inconsistent with the provisions of this Decree -Law, the terms of the international +agreement shall prevail. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (67) +Implementing Decisions +1. Subject to the powers conferred to the Cabinet under this Decree -Law, the Minister and +the Authority shall issue the necessary decisions, within their respective powers, to implement the provisions of this Decree -Law. +2. The Cabinet may, at the suggestion of the Minister, issue implementing resolutions for +this Decree- Law. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (68) +Repeals +Any text or provisions contrary to or inconsistent with the provisions of this Decree -Law +shall hereby be repealed. + +Federal Law No. (47) of 2022 on Corporate and Business Tax 64 + " +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (69) +Application of this Decree -Law to Tax Periods +This Dec ree-Law shall apply to Tax Periods commencing on or after 1 June 2023. + +" +tax,Federal Decree by Law No. (47) of 2022 Concerning Corporate and Business Tax,"Article (70) +Publication and Entry into Force of this Decree -Law +This Decree- Law shall be published in the Official Gazette and shall enter into force (15) +fifteen days following the date of its publication. + + + " +tax,Cabinet Resolution No. (26) of 2018 Concerning the Refund value Added Tax Paid for the Services Provided in Exhibitions and Conferences,"Article (1) +Definitions +In application of Provisions of this Resolution, the following words and phrases shall +have the meanings assigned to them, u nless the context indicates otherwise: +State : The United Arab Emirates. +Authority : The Federal Tax Authority. +Tax : The Value Added Tax (VAT). +Person : A natural or legal person. +Items : Material properties that can be supplied, including +real estates, water, and all kinds of energy as +determined by the Cabinet Resolution No. (52) of +2017 . +Services : Anything that can be supplied other than items . Cabinet Resolution of 20 18 Concerning the Refund of the Value Added Tax Paid for Services Provided +in Exhibitions and Conferences 2 + Exhibition Services : Giving access, attendance, or participation right in +an exhibition or a conference, to grant the right to +occupy a space for the purpose of organizing an +exhibition or a conference . +Exhibition : Any event held under a permit given by relevant +Governmental authority for a period that is not +more than 7 days in order to exhibit, show or +provide items or services . +Conference : Any official meeting convened between persons of +common interest under a permit given by relevant +Governmental authority for a period that is not +more than 7 days . +Supplier : The licensed by the Authority to provide services of +exhibitions and conferences pursuant to terms and +procedures identified by the Authority . +Receiver : The person for whom services of exhibitions and +conferences are supplied or imported . +Registered : The taxable person or entity that has a tax +registration number . +Tax Period : The period determined for which due tax shall be +calculated and paid . +Tax Return : Information and details identified for tax purposes +provided by the taxable pursuant to the form +prepared by the Authority for this purpose . +Incorporation +Headquarters : The headquarter in which the business is duly +incorporated in a country under its incorporation +decision and important management decisions are +taken or central management jobs are practised +within such headquarter . Cabinet Resolution of 20 18 Concerning the Refund of the Value Added Tax Paid for Services Provided +in Exhibitions and Conferences 3 + Permanent Office : Any permanent workplace other than the +incorporation headquarter in which the person +practices his work regularly or permanently. Such +place has sufficient human and technical resources +that enable the person to supply or possess items +or services. This shall include the branches that +belong to such person . + +" +tax,Cabinet Resolution No. (26) of 2018 Concerning the Refund value Added Tax Paid for the Services Provided in Exhibitions and Conferences,"Article (2) +Tax Refund +The Authority may refund the supplier of exhibitions and conferences services +provided that the following shall be made: +a. The supplier shall apply to refund tax relevant to exhibitions and conferences +services on his tax return and for the same tax period within which the date +when these services were supplied occurred. +b. Import application shall be equal or less that the tax imposed on the supply of +exhibitions and conferences services. +c. The receiver of exhibitions and conferences services shall not have an +incorporation headquarter of a permanent of fice in the State. +d. The receiver of exhibitions and conferences services shall not be a registered +or required to be registered in the State. +e. The receiver of exhibitions and conferences services should not have paid the +tax for the supplier. +f. The supplier sh all acquire an acknowledgement in writing from the receiver of +exhibitions and conferences services shall not that the latter does not have an +incorporation headquarter of a permanent office in the State and is not +registered or required to be registered f or VAT purposes in the State. + + Cabinet Resolution of 20 18 Concerning the Refund of the Value Added Tax Paid for Services Provided +in Exhibitions and Conferences 4 + " +tax,Cabinet Resolution No. (26) of 2018 Concerning the Refund value Added Tax Paid for the Services Provided in Exhibitions and Conferences,"Article (3) +Issuing the Executive Resolutions +The Minister of Finance shall issue the necessary Resolutions to implement the +provisions of this Resolution. + +" +tax,Cabinet Resolution No. (26) of 2018 Concerning the Refund value Added Tax Paid for the Services Provided in Exhibitions and Conferences,"Article (4) +Repeals +Any provision contrary to or inconsistent with the provisions of this Resolution shall +be repealed. + +" +tax,Cabinet Resolution No. (26) of 2018 Concerning the Refund value Added Tax Paid for the Services Provided in Exhibitions and Conferences,"Article (5) +Publication and Enforcement +This Resolution shall come into force as of the date it is issued and shall be published +in the Official Gazette. + + + + + + + + + +Mohammed bin Rashid Al Maktoum +Prime Minister + +Issued by us: +On: 6 Ramadan 1439 A .H. +Corresponding to: 22 May 2018 AD " +tax,Federal Decree by Law No. (7) of 2017 Concerning Excise Tax,"Article (1) +For the purpose of applying the provisions of this Decree -Law, the following words and +expressions shall have the meanings assigned thereto respectively, unless the context requires otherwise: + +The State : The United Arab Emirates . +The Minister : The Minister of Finance. +The Authority : The Federal Tax Authority. +The Tax : The Excise Tax. +Excise Goods : Goods to be defined as taxable goods by a Cabinet resolution upon the +proposal of the Minister. +Importation : Brining goods or services into the State from abroad. +Exportation : The departure of the goods from the State. +Person : A natural or legal person. +Taxable +Person : Each person that is, or ought to be, registered for the tax purposes, +pursuant to the provisions of this Decree -Law. +Designated +Area : Any fenced area intended to be a free zone and cannot be entered or +exited except through a designated road, and any area identified by the +Authority as being subject to the supervision of a warehouse keeper, in +accordance with the provisions of the Execut ive Regulations of this +Decree -Law. +Federal Decree by Law No. (7) of 2017 on Excise Tax 3 + Warehouse Keep- +er : Any person who is approved and registered at the Authority to +supervise a designated area in accordance with the provisions of the +Executive Regulations of this Decree -Law. +Tax Registr ation : A procedure under which a taxable person or the legal representative +thereof registers for the tax purposes at the Authority. +Tax Registration +Number (TRN) : A unique number assigned by the Authority to each person regist ered +for the tax purposes. +Registrant : A taxable person holding a Tax Registration Number. +Importer : The person who acts as the importer of excise goods on the date of +importation for the purposes of customs clearance. +Tax Return : The information and data specified for the tax purposes and provided +by the taxable person in accordance with the form prepared by the +Authority. +Business : Any activity that is practiced on an ongoing, regular and independent +basis by any person and in any place and involves or may involve +trading in excise goods. +Refundable Tax : The paid amounts that may be refunded by the Authority to the +person, in accordance with the provisions of this Decree -Law. +Due Tax : The tax that is calculated and levied under the provisions of this +Decree -Law. +Payable Tax : The tax which becomes due to be paid to the Authority. +Deductible Tax : The tax paid, or deemed to have been paid, by the taxable person, +which may be deducted by the taxable person under the provisions of +this Decree -Law. +Tax Period : A specific period for which the payable tax shall be calculated and paid. +Administrative +Fines : Amounts to be imposed on the person by the Authority for violating +the provisions of this Decree -Law or the Tax Procedures Law. +Administrative : A decision issued by the Authority on due administrative fines. +Federal Decree by Law No. (7) of 2017 on Excise Tax 4 + Fine Assessm ent +Stockpiler : A person who owns excise goods and cannot evidence that such goods +have been previously subject to the tax under the conditions stipulated +in the Executive Regulations of this Decree -Law. +Customs Legisla- +tion : Federal and local legislation regulating customs in the State. +Applying States : The GCC States, which apply the Tax Law under issued legislation. +Tax Evasion : The person’ s use of illegal means which cause reducing the amount of +the due tax, the non -payment thereof, or the refund of a tax that such +person is not entitled to refund. +Tax Audit : An action performed by the Authority to audit business records, or any +informat ion, data or goods related to a person to verify the fulfillment +of its obligations, pursuant to the provisions of this Decree -Law or the +Tax Procedures Law. +Tax Assessment : The Tax Assessment as defined in the Tax Procedures Law. +Voluntary Disclo- +sure : A form prepared by the Authority by which a taxpayer notifies the +Authority of any errors or omissions in the Tax Return, Tax Assessment +or tax refund application, pursuant to the provisions of the Tax +Procedures Law. +Tax Procedures +Law : Federal Law No. (7) of 2017 on Tax Procedures, as amended, and any +federal law superseding the same. + +Chapter Two +Application, Scope and Calculation of the Tax +" +tax,Federal Decree by Law No. (7) of 2017 Concerning Excise Tax,"Article (2) +Application and Scope of the Tax + +1. The provisions of this Decree -Law shall apply to the excise goods determined under a +Federal Decree by Law No. (7) of 2017 on Excise Tax 5 + resolution issued by the Cabinet, upon the proposal of the Minister. +2. The tax shall be levied on the following activities related to the excise goods: +a. The product ion of excise goods in the State if such production is made in the course +of exercising the business; +b. The importation of excise goods; +c. The release of excise goods from a designated area; +d. Stockpiling excise goods in the State if such goods are stockpiled in the course of +exercising the business. + +" +tax,Federal Decree by Law No. (7) of 2017 Concerning Excise Tax,"Article (3) +Calculation of the Tax +The Cabinet shall issue, upon the proposal of the Minister, a resolution determining the tax +rates to be levied on the excise goods and the method of calculating the excise price, +provided that the tax rate to be levied on such goods does not exceed (200%) of the excise +price of the goods. + +" +tax,Federal Decree by Law No. (7) of 2017 Concerning Excise Tax,"Article (4) +Tax Obligations +1. The due tax shall be charged on the following: +a. The person practicing any of the activities set out in Clause (2) of article (2) of this +Decree- Law; +b. The person participating in any of the activities set out in Clause (2) of article (2) of +this Decree -Law if the person who practices the activity fails to meet the tax +obligation, in accordance with what is determined by the Executive Regulations of +this Decree- Law; +c. The warehouse keeper, where excise goods are released from a designated area and the payable tax is not previously paid, in accordance with what is determined by the +Executive Regulations of this Decree -Law. +2. The following persons shall be excluded from the provisions of Clause (1) of this Article: +a. The person who imports excise goods whose value is less than the value prescribed +Federal Decree by Law No. (7) of 2017 on Excise Tax 6 + by the Customs Legislation, if such excise goods are carried by the person on an +international trip and for non -commercial purposes; +b. The stockpiler in case of meeting the conditions stipulated by the Executive Regulations of this Decree Law. + +Chapter Three +Tax Registration and Cancellation thereof +" +tax,Federal Decree by Law No. (7) of 2017 Concerning Excise Tax,"Article (5) +Tax Registration +1. Any Person shall be prohibited from practicing any activity mentioned in Clause (2) +of article (2) of this Decree -Law before being registered for the tax purposes, in +accordance with the provisions of this Decree -Law. +2. Without prejudice to the provisions of Clause (1) of this Article, the person liable for +the due tax, pursuant to article (4) of this Decree -Law, shall submit to the Authority +an application for tax registration, pursuant to the provisions of the Tax Procedures +Law, within thirty (30) days as o f the end of any month during which such Person +practices or intends to practice the activities set forth in Clause (2) of article (2) of this Decree -Law, or as of the date of entry into force of this Decree -Law, whichever +comes later. +3. The Executive Reg ulations of this Decree -Law shall determine the effective date of +the tax registration referred to in this Article. + +" +tax,Federal Decree by Law No. (7) of 2017 Concerning Excise Tax,"Article (6) +Exemption from the Registration +1. Notwithstanding the provisions of Clause (1) of article (5) of this Decree -Law, the +Authorit y may exempt any person from the tax registration when the tax becomes +due, pursuant to Paragraphs (b) and (c) of Clause (2) of article (2) of this Decree -Law, +if the Authority finds that such person will not import excise goods on a regular basis, in acco rdance with what is determined by the Executive Regulations of this +Decree- Law. +Federal Decree by Law No. (7) of 2017 on Excise Tax 7 + 2. Whoever is exempted from the tax registration under Clause (1) of this Article shall +notify the Authority of any changes, which may make him subject to the tax in +accordance with the provisions of this Decree -Law, within the time limits and under +the procedures determined by the Executive Regulations of this Decree -Law. +3. A person that carries out im portation for purposes other than the practice of business +shall be exempt from the tax registration, without prejudice to the obligation to pay the tax due for such importation. +4. The person’s exemption from the registration, pursuant to the provisions o f this +Article, shall not prejudice its obligation to pay any due tax or administrative fine +under the provisions of this Decree -Law or any other law. + +" +tax,Federal Decree by Law No. (7) of 2017 Concerning Excise Tax,"Article (7) +Cancellation of Tax Registration +The registrant shall submit to the Authority an application for cancellation of tax registration +if he is no longer liable for the tax in accordance with the provisions of article (4) of this +Decree- Law within the time limits defined under the Executive Regulations of this +Decree- Law. + +" +tax,Federal Decree by Law No. (7) of 2017 Concerning Excise Tax,"Article (8) +Registration as Warehouse Keepers +1. Each person who operates or intends to operate a designated area shall apply for +registration as a warehouse keeper in accordance with the provisions of the Executive +Regulations of this Decree -Law. +2. The Executive Regulations of this Decree -Law shall determine the effective date of +registration referred to in Clause (1) of this Article. +3. Any person shall be prohibited from acting as a warehouse keeper before being +registered in accordance with the provisions of this Article. + + + + +Federal Decree by Law No. (7) of 2017 on Excise Tax 8 + " +tax,Federal Decree by Law No. (7) of 2017 Concerning Excise Tax,"Article (9) +Procedures, Controls and Conditions of Tax Registration and Cancellation +thereof +The Executive Regulations of this Decree -Law shall determine the procedures, controls and +conditions of the tax registration, canc ellation thereof and rejection of applications for tax +registration and its cancellation. + +Chapter Four +Rules of Tax Payment and Exemption therefrom +" +tax,Federal Decree by Law No. (7) of 2017 Concerning Excise Tax,"Article (10) +Date of Tax Calculation +The tax shall be calculated according to the following dates: + +1. The date of importing the excise goods; +2. The date on which the excise goods are acquired by the stockpiler, but if such acquisition +occurs prior to the date of entry into force of this Decree -Law, the date of tax calculation +shall be the date of entry into force of this Decree -Law. +3. As an exception to the two cases set forth in Clauses (1) and (2) of this Article, the tax +shall be calculated on the date when the excise goods are offered for consumption, in accordance with the provisions of the Execu tive Regulations of this Decree -Law. + +" +tax,Federal Decree by Law No. (7) of 2017 Concerning Excise Tax,"Article (11) +Tax -Inclusive Prices +The declared prices of excise goods shall, upon sale, include the tax. The Executive Regulations of this Decree -Law shall determine the cases where prices do not include the +tax. + +" +tax,Federal Decree by Law No. (7) of 2017 Concerning Excise Tax,"Article (12) +Exemption from the Tax +1. Excise goods that are exported shall be exempted from the tax. +Federal Decree by Law No. (7) of 2017 on Excise Tax 9 + 2. The Executive Regulations of this Decree -Law shall establish the conditions and controls +for exempting from the tax referred to in Clause (1) of th is Article. + +Chapter Five +Designated Areas +" +tax,Federal Decree by Law No. (7) of 2017 Concerning Excise Tax,"Article (13) +Designated Area +1. The designated area that meets the conditions established by the Executive Regulations +of this Decree -Law shall be treated, for the tax purposes, as being outside the State. +2. Notwithstanding the provisions of Clause (1) of this Article, the Executive Regulations of +this Decree -Law shall determine the conditions under which the business practiced +within the designated area shall be treated as being practiced inside the State. + +" +tax,Federal Decree by Law No. (7) of 2017 Concerning Excise Tax,"Article (14) +Transfer of Excise Goods in Designated Areas +1. The excise goods may be transferred from one designated area to another without any +tax due thereon. +2. The Executive Regulations of this Decree -Law shall determine the procedures and +conditions of the transfer of excise goods from and to a designated area and the method +of maintaining, storing, and processing such goods. + +Chapter Six +Calculation of the Due Tax +" +tax,Federal Decree by Law No. (7) of 2017 Concerning Excise Tax,"Article (15) +Calculation of the Tax +The payable tax levied on the taxable person for any tax period shall be calculated as the tax +due from the taxable person for such tax period less the total deductible tax as calculated in +accordance with the provisions of article (16) of this Decree -Law. + +Federal Decree by Law No. (7) of 2017 on Excise Tax 10 + " +tax,Federal Decree by Law No. (7) of 2017 Concerning Excise Tax,"Article (16) +Deductible Tax +1. The deductible tax shall consist of the following: +a. The tax paid on the excise goods that have been exported; +b. The tax paid on the excise goods that have become a component of another excise +goods on which the tax has become, or becomes, due; +c. Amounts paid to the Authority by mistake. +2. The Executive Regulations of this Decree -Law shall establish the conditions and controls +of deducting the tax in the cases mentioned in Clause (1) of this Article. + +Chapter Seven +Tax Period, Tax Return and Tax Payment +" +tax,Federal Decree by Law No. (7) of 2017 Concerning Excise Tax,"Article (17) +Tax Period +The Executive Regulations of this Decree -Law shall determine the tax period and the +exceptional cases in which the Authority may amend the tax period. + +" +tax,Federal Decree by Law No. (7) of 2017 Concerning Excise Tax,"Article (18) +Tax Return +The taxable person shall submit to the Authority the tax return at the end of eac h tax period, +within the time limits and in accordance with the procedures determined by the Executive +Regulations of this Decree -Law. + +" +tax,Federal Decree by Law No. (7) of 2017 Concerning Excise Tax,"Article (19) +Payment of the Tax +1. The taxable person shall pay the payable tax on the date of submitting the tax return , +in accordance with the provisions of article (18) of this Decree -Law and as per the +procedures to be determined by the Authority . +2. Any person exempted from the registration under Clause (1) or Clause (3) of Article +Federal Decree by Law No. (7) of 2017 on Excise Tax 11 + (6) of this Decree -Law shall pay the due tax at the time of importing excise goods . +3. Any person that receives any amount as a tax or any amount invoiced shall pay it to +the Authority. Such amount shall be subject to the same treatment established for +the due tax under the provisions of this Decree -Law. + +Chapter Eight +Carrying forward the Excess Refundable Tax +" +tax,Federal Decree by Law No. (7) of 2017 Concerning Excise Tax,"Article (20) +Excess Refundable Tax +1. The taxable person shall carry forward any excess refundable tax to the subsequent tax +periods and offset such excess against the payable tax or any administrative fine +imposed pursuant to the provisions of this Decree -Law or the Tax Procedures Law in the +subsequent tax periods until such excess is fully utilized, in the following cases: +a. If the deductible tax of the taxable person, pursuant to the provisions of article (16) of this Decree -Law, exceeds the due tax for the same tax period; +b. If the tax paid by the taxable person to the Authority exceeds the payable tax in accordance with the provisions of this Decree -Law. +2. If there is any excess for any tax period after being carried forward for a period of +time, the taxable person may sub mit to the Authority an application for claiming a refund of +such excess in accordance with the periods and procedures determined by the Executive +Regulations of this Decree -Law. + +" +tax,Federal Decree by Law No. (7) of 2017 Concerning Excise Tax,"Article (21) +Tax Refund in Special Cases +The Authority may, based on an app lication to be submitted thereto, may refund the tax to +the following: +1. Foreign governments, international organizations and diplomatic bodies and missions, +for the tax paid thereby while performing their official activities, in accordance with the +conditions, controls and procedures determined by the Executive Regulations of this +Federal Decree by Law No. (7) of 2017 on Excise Tax 12 + Decree- Law, subject to reciprocity. +2. The person who is registered in an applying state if he pays the due tax in the State and +then exports the excise goods to an applying state, in accordance with the conditions, +controls and procedures determined by the Executive Regulations of this Decre e-Law. +3. Any persons or categories to be determined under a Cabinet resolution, upon the +proposal of the Minister. + +Chapter Nine +Violations and Penalties +" +tax,Federal Decree by Law No. (7) of 2017 Concerning Excise Tax,"Article (22) +Administrative Fines Assessment +Subject to the provisions of Tax Procedures Law, the Authority shall issue an Administrative +Fine Assessment to the taxable person and notify him thereof within five (5) working days as +of the date of issuance, in case of committing any of the following violations: +1. Failure by the taxable person to display the tax -inclusive prices in accordance with the +provisions of article (11) of this Decree -Law; +2. Failure to adhere to the conditions and procedu res to be followed for transferring the +excise goods from a designated area to another and the mechanism of maintaining, +storing and processing the same; +3. Failure by the taxable person to provide the Authority with the price lists of excise +goods produ ced, imported or sold thereby, in accordance with the provisions of the +Executive Regulations of this Decree -Law. + +" +tax,Federal Decree by Law No. (7) of 2017 Concerning Excise Tax,"Article (23) +Tax Evasion +Without prejudice to the cases of tax evasion set forth in the Tax Procedures Law, a person +shall be deemed to have committed a crime of tax evasion and shall be punished pursuant +to the Tax Procedures Law if he commits any of the following : +1. Bringing or attempting to bring excise goods into or out of the State without paying the +Federal Decree by Law No. (7) of 2017 on Excise Tax 13 + due tax in whole or in part; +2. Producing, transferring, acquiring, storing, transporting or receiving excise goods for +which the due tax has not been paid with the intention of evading payment of the due +tax; +3. Placing false labels on exc ise goods, in violation of the provisions of Clause (2) of Article +(24) of this Decree -Law, with the intention of evading payment of the due tax or +receiving an unjustified refund; +4. Submitting any false, counterfeit or fabricated documents, returns or records, with the +intention of evading payment of the due tax or receiving an unjustified refund. + +Chapter Ten +General Provisions +" +tax,Federal Decree by Law No. (7) of 2017 Concerning Excise Tax,"Article (24) +Record Keeping and Evidentiary Requirements +1. Without prejudice to the provisions r elated to record keeping contained in any other +law, every taxable person shall keep the following records: +a. Records of all excise goods produced, imported or stockpiled; +b. Records of excise goods exported and evidence of such exportation; +c. Records of stock levels, including details of lost or destroyed items; +d. A tax record that shall contain the following information: +i. The due tax on the imported excise goods; +ii. The due tax on the produced excise goods; +iii. The due tax on the stockpiled excise goods; +iv. The deductible tax in accordance with the provisions of article (16) of this +Decree- Law. +2. The Cabinet shall, upon the proposal of the Minister, identify the excise goods on which +labels indicating that the tax has been paid shall be placed and the relevant conditions +and procedures. +3. The Executive Regulations of this Decree -Law shall determine the periods, +conditions and controls necessary for keeping the records set out in Clause (1) of this Article. +Federal Decree by Law No. (7) of 2017 on Excise Tax 14 + " +tax,Federal Decree by Law No. (7) of 2017 Concerning Excise Tax,"Article (25) +Tax Registration Number +The taxable person or any person authorized in writing thereby shall refer to the Tax +Registration Number in all correspondences and dealings with the Authority, tax return, and +any other document related to the tax. + +Article (25) BIS +Statute of Limitations +1. Notwithstanding the cases set forth in Clauses (2), (3), (6) and (7) of this Article, the Authority may not carry out a tax audit or issue a tax assessment for the taxable +person following the lapse of (5) five years from the end of the relevant tax period. +2. The Authority may carry out a tax audit or issue a tax assessment for the taxable +person following the lapse of (5) five years from the end of the relevant tax period if +he is notified that the procedures of such tax audit have been commenced before the +lapse of the five -year period; provided that the tax audit or the tax assessment, as the +case may be, is carried out within (4) four years from the date of notification of the +tax audit. +3. The Authority may carry out a tax aud it or issue a tax assessment following the lapse +of (5) five years from the end of the relevant tax period if such tax audit or tax +assessment is related to a voluntary disclosure provided in the fifth year of the end of +the tax period; provided that the t ax audit or the tax assessment, as the case may be, +is carried out within one year from the date of providing the voluntary disclosure. +4. The Cabinet may, at the Minister’s proposal, issue a resolution adjusting the time +limit specified for completing the tax audit or issuing the tax assessment, pursuant to +Clauses (2) or (3) of this Article. +5. No voluntary disclosure shall be provided following the lapse of (5) five years from the expiry of the relevant tax period. +6. In case of tax evasion, the Authorit y may carry out a tax audit or issue a tax +assessment within (15) fifteen years from the end of the tax period within which the +tax evasion occurred. +Federal Decree by Law No. (7) of 2017 on Excise Tax 15 + 7. In case of failure to perform the tax registration, the Authority may carry out a tax +audit or issue a tax assessment within (15) fifteen years from the date on which the +taxable person would have been required to perform the tax registration. +8. The statute of limitations set out in this Article shall be interrupted for any of the +reasons set forth in Fede ral Law No. (5) of 1985 Promulgating the Civil Transactions +Law, or any other federal law superseding the same. + +Chapter Eleven +Final Provisions +" +tax,Federal Decree by Law No. (7) of 2017 Concerning Excise Tax,"Article (26) +The Executive Regulations +The Cabinet shall, upon the proposal of the Minister, issue the Executive Regulations of this Decree- Law. + +" +tax,Federal Decree by Law No. (7) of 2017 Concerning Excise Tax,"Article (27) +Revenue Sharing +The tax revenues and administrative fines to be collected in accordance with the provisions +of this Decree- Law shall be subject to sharing between the Federal Government and the +Emirates' Governments, pursuant to the provisions of Federal Decree- Law No. (13) of 2016 +on the Establishment of the Federal Tax Authority. + +" +tax,Federal Decree by Law No. (7) of 2017 Concerning Excise Tax,"Article (28) +Matters not stipulated herein shall be subject to the provisions of the Tax Procedures Law . + +" +tax,Federal Decree by Law No. (7) of 2017 Concerning Excise Tax,"Article (29) +Repeal of Conflicting Provisions +Any text or provision inconsistent or conflicting with the provisions of this Decree -Law is +hereby repealed. + +Federal Decree by Law No. (7) of 2017 on Excise Tax 16 + " +tax,Federal Decree by Law No. (7) of 2017 Concerning Excise Tax,"Article (30) +Publishing and Entry into Force +This Decree -Law shall be published in the Official Gazette and shall enter into force as of 1st +October 2017. + + + + + + + +Khalifa bin Zayed Al Nahyan +President of the United Arab Emirates + + +Issued by us in the Presidential Palace in Abu Dhabi on: +Corresponding to 17 August 2017 AD. +On: 01 Dhul Qi'dah 1438 AH. + + " +tax,Cabinet Resolution No. (74) of 2023 on the Executive Regulations of Federal Decree-Law No. (28) of 2022 on Tax Procedures,"Article (1) +Definitions + +The definitions set forth in Federal Decree -Law No. (28) of 2022, referred to hereinabove, +shall be applicable hereto ; while the following words and expressions shall bear the +meanings assigned t hereto respectively, unless the context requires otherwise : +Decree -Law : Feder al Decree -Law No. (28) of 2022, on Tax Procedures. +Headquarters : The business place of the Taxable P erson, or any othe r place +in which they practice their business , store goods or keep +records. +Assets : Tangible and intangible assets, including machinery, +equipment, goods … etc., which the FTA deems to be owned, +leased out or used for purposes related to the engagement in +business activities by any Person. + +" +tax,Cabinet Resolution No. (74) of 2023 on the Executive Regulations of Federal Decree-Law No. (28) of 2022 on Tax Procedures,"Article (2) +Recordkeeping +1. Accounting recor ds and commercial books shall include the following: +a. Busi ness records and books in which payments, receipts, purchases, sales, +revenues, expenses and any other items required by the Tax Law or any other +applicable law are recorded , including without limitation the following: +1. Balance sheet and profit and loss account s; +2. Payrolls; +3. Fixed assets records; and +4. Inventory records and accounts (including quantities and values) kept at +the end of any relevant Tax Period , and inventory counting records of +inventory lists. Cabinet Resolution No. (74) of 2023, on the Executive Regulations of Federal Decree -Law No. (28) of 2022 +on Tax Procedures 3 + b. All documents supporting entries set out in accounti ng records and +commercial books, including without limitation: +1. Business c orrespondence, invoices, licenses and contracts; and +2. Documents containing details of any choice, assessment, determination or +calculation made by the Taxpayer pertaining to T ax affairs, including basis +or method of such assessment, determination or calculation made. +2. In addition to the accounting records and commercial books referred to in Clause +(1) above, the FTA may request any other information to verify the tax obligation s +of the Pers on through a series of auditable documents, including the liability of +such Person for registrat ion for the purposes of the Tax. + +" +tax,Cabinet Resolution No. (74) of 2023 on the Executive Regulations of Federal Decree-Law No. (28) of 2022 on Tax Procedures,"Article (3) +Recordkeeping Period +1. All accounting records, commercial books and information shall be kept in a way +that enable FTA or any employee authorized by it to verify the Tax obligations +imposed on the relevant P erson for the subsequent periods, unless otherwise +required by the Tax Law: +a. For (5) years subsequent to the relevant Tax Period for the Taxable Person; +b. For (5) ye ars as of the expiry date of the calendar year during which the +document i n question has been created for other non -taxable persons; and +c. For (7) years as of the expiry date of the calendar year during which the +document in question has been created pertaining to land registers. +2. In addition to the periods referred to in Clause (1) above, the Person shall keep the +records and books for the following extra perio ds in the following cases: +a. For extra (4) four years or until a dispute is resolved, whichever is later, in case +of a dispute be tween the FTA and the Person on the Person’s tax obligations; Cabinet Resolution No. (74) of 2023, on the Executive Regulations of Federal Decree -Law No. (28) of 2022 +on Tax Procedures 4 + b. For extra (4) four years if the Person is subject t o a tax audit that has not been +completed; +c. For extra (4) four years if the Person is notified that the FTA intends to carry +out a tax audit before the expiry of the period set out in Clause (1) above; or +d. For extra one year, commencing from the da te of submitting the Voluntary +Declaration, as for the Taxable Person that submits a Voluntary Declaration in +the fifth year from the expiry of the relevant Tax Period. +3. Subject to Clauses (1) and (2) above, a legal representative shall keep records and +books of the Person he represen ts for one year, a s of the d ate on which such legal +representation expires. + +" +tax,Cabinet Resolution No. (74) of 2023 on the Executive Regulations of Federal Decree-Law No. (28) of 2022 on Tax Procedures,"Article (4) +Method of Keeping Accounting Records and Commercial Books +1. Accounting records and commercial books shall be kept by any of the following +means: +a. Creating a register and keeping the original supporting documen ts of entries +mentioned therein; and +b. Creating a register and keeping the information mentioned in the original +documents, subject to the following: +1. The information mentioned in the reg ister must match t he data set out in +the original document, and must be available within the periods referre d +to in article (3) above; +2. The information must be saved or stored in a photocopy or electronic +format, where a copy thereof can be extracted, within the period set by the +FTA pursuant to th e provisions of article (48) of the Decree -Law, so that it +would be easily readable if the same is requested by the FTA; and Cabinet Resolution No. (74) of 2023, on the Executive Regulations of Federal Decree -Law No. (28) of 2022 +on Tax Procedures 5 + 3. The information must be saved or sto red in a manner that allows FTA to +verify the Person’s tax obligations. +2. The FTA may set rules for keeping information set out in the accounting records +and commercial books, and may set proper requirements to ensure the availability +of such information as if the original documents were kept. + +" +tax,Cabinet Resolution No. (74) of 2023 on the Executive Regulations of Federal Decree-Law No. (28) of 2022 on Tax Procedures,"Article (5) +Language +1. The FTA may accept the data, information, records and any oth er documents +related to any Tax to be submitted to the FTA in English , and may also , at is +discretion, instruct the Person to translate any or all of the above into Arabic. +2. The translation of a ny Tax Return, data, information, re cords, documents or other +books into Arabic shall be duly certified pursuant to the law governi ng translation +in the State, and shall be submitted to the FTA within the time limit set by it. + +" +tax,Cabinet Resolution No. (74) of 2023 on the Executive Regulations of Federal Decree-Law No. (28) of 2022 on Tax Procedures,"Article (6) +Procedures of Tax Registration and Deregistration and Data Amendment +1. A Tax Registration application shall be submitted to the FTA , as per the form and +mechanism designated by the same. The FTA may determine any supporting +documents to be submitted for such purpose. +2. The FTA shall review the Tax Registration application, as per the rules adopted by +the FTA in this regard. +3. The Tax Registration shall take place by assigning a Tax Registration Number to +the applicant or reactivating the pervious Tax Registration Number if the applicant +already has a suspended Tax Registration N umber. Cabinet Resolution No. (74) of 2023, on the Executive Regulations of Federal Decree -Law No. (28) of 2022 +on Tax Procedures 6 + 4. The Registered Person shall notify the FTA, as per the form and mechanism +adopted by the FTA , within (20) twenty Business Days of any change to data +retained by the FTA , including: +a. Name, address and email address. +b. Activity registered in the Trade License. +c. Legal form and partnership contract as for consortiums, and memorandum of +association or the equivalent. +d. Nature of business of the Registered Person; and +e. Address from which the Registered Person practices any business. +5. A Tax deregistration ap plication shall be submitted to the FTA , as per the form and +mechanism adopted by the same, and FTA may determine any supporting +documents to be submitted for such purpose. +6. The FTA shall review the Tax Deregistration application, as per the rules adopted +by the same for such purpose. +7. In cases the Registered Person fails to submit an application of Tax deregistration, +the FTA may terminate their Tax Registration according to the controls and +procedures set out in the Tax Law. +8. The Tax deregistration shall take place by suspending the Tax Registration +Number. +9. The FTA shall notify the Person of their Tax Registration, deregistration, or +reactivation according to the mechanism adopted by the same in this regard. + +" +tax,Cabinet Resolution No. (74) of 2023 on the Executive Regulations of Federal Decree-Law No. (28) of 2022 on Tax Procedures,"Article (7) +Obligations of Licensing Authorities in the State +Government authorities in charge of granting licenses to Persons to engage in business +shall, within (20) twent y Business Days from the date of issuing or renewing the License, Cabinet Resolution No. (74) of 2023, on the Executive Regulations of Federal Decree -Law No. (28) of 2022 +on Tax Procedures 7 + so notify the FTA, as per the mechanism determined by the FTA . The notification shall +include the following: +1. Name of licensee. +2. Type, number and date for issuing the trade license. +3. Registered address of licensee. +4. Description of business activity; +5. Data of owners, partners, and directors; and +6. Any other information required by the FTA . + +" +tax,Cabinet Resolution No. (74) of 2023 on the Executive Regulations of Federal Decree-Law No. (28) of 2022 on Tax Procedures,"Article (8) +Legal Representative +1. A Person appointed as a Legal Representative of a Taxable Person shall so notify +the FTA, as per the mechanism determined by it, and shall attach with the +notification an appropriate proof of his appointment. The notification shall +include the following: +a. Name and address of the Legal Representative. +b. Name, address and Registration Number (if any) of the Taxable Person +represented by the Legal Representative. +c. Term of appointment in case of fixed term; and +d. Responsibilities of the Lega l Representative. +2. The FTA may request any extra information on the appointment of the Legal +Representative, and may obtain such information from the Legal Representative, +the relevant Taxable Person and any other Person to verify such appointment. +3. When the FTA accepts the application for appointing the Legal Representative, the +FTA shall, within (20) Business Days following the acceptance date, notify the +Legal Representative of the same . + Cabinet Resolution No. (74) of 2023, on the Executive Regulations of Federal Decree -Law No. (28) of 2022 +on Tax Procedures 8 + " +tax,Cabinet Resolution No. (74) of 2023 on the Executive Regulations of Federal Decree-Law No. (28) of 2022 on Tax Procedures,"Article (9) +Allocation of Payments and Credit Balance +1. If the Taxable Person pays an amount to the FTA without identifying Tax Type or +Tax Period, FTA may allocate the amount or part thereof for paying any amounts +payable to the FTA for being owed by the Taxable Perso n, based on the order of +maturity of such amounts to the FTA . +2. If the payments received by the FTA , pursuant to Clause (1) above, exceed the +current obligations of the Taxable Person, FTA may register such amount in excess +as a credit balance against the T axable Person’s future obligations, unless the +Taxable Person requests to refund the surplus amount pursuant to article (38) of +the Decree -Law. +3. The FTA may allocate the credit balance or part thereof for the payment of any +amounts payable thereto owed by the Taxable Person, based on the order of +maturity of such amounts to the FTA . +4. The FTA shall notify the Taxable Person of the method of allocating the amounts +and the credit balance according to Clauses (1) and (3) above. + +" +tax,Cabinet Resolution No. (74) of 2023 on the Executive Regulations of Federal Decree-Law No. (28) of 2022 on Tax Procedures,"Article (10) +Submission of Voluntary Declaration +1. Where the Taxable Person becomes aware that the Tax Return submitted to the +FTA or the Tax Assessment issued by the FTA is inaccurate, which led to calculating +the Payable Tax, pursuant to the Tax Law, less than required , the following shall +be applicable: +a. If the amount is more than (AED 10,000) ten thousand dirhams, they shall +submit a Voluntary Declaration, within (20) twenty Business Days following +the date they become aware of the error. Cabinet Resolution No. (74) of 2023, on the Executive Regulations of Federal Decree -Law No. (28) of 2022 +on Tax Procedures 9 + b. If the amount is equal to (AED 10,000) ten thousand dirhams or less, they shall +act as follows: +1. If the Taxable Person is obliged to submit a Tax Return to the FTA , errors +shall be corrected in the Tax Return for t he previous Tax Period whose +submission has not been yet due, or in the Tax Return for the Tax Period in +which the error has been detected, whichever is earlier. +2. Submitting a Voluntary Declaration within (20) twenty Business Days +from the date of being aw are of the error in the absence of a Tax Return +through which they can correct the error, pursuant to Subclause (1) above. +2. If the Taxpayer finds that the tax refund application submitted to the FTA is +inaccurate, which led to calculating the amount that w ould have been refundable +under the Tax Law in excess to the accurate value, they shall submit a Voluntary +Declaration to the FTA within (20) twenty Business Days from the date of being +aware of the error, unless the same is arising from an inaccurate Tax Return or Tax +Assessment. In this case, the provisions of Clause (1) above shall be applicable. +3. If the Taxpayer finds an error or omission in the Tax Return submitted to the FTA , +with no difference in the Due Tax amount, they shall correct the error or su bmit a +Voluntary Declaration, as determined by the FTA . +4. For the purpose of implementing the provisions of this Article, the Voluntary +Declaration shall be submitted according to the forms and the mechanism +identified by the FTA . + + Cabinet Resolution No. (74) of 2023, on the Executive Regulations of Federal Decree -Law No. (28) of 2022 +on Tax Procedures 10 + " +tax,Cabinet Resolution No. (74) of 2023 on the Executive Regulations of Federal Decree-Law No. (28) of 2022 on Tax Procedures,"Article (11) +Means o f Notification +1. The FTA shall serve a notice to the Person or their Tax Agent or Legal +Representative, as the case may be, to the address registered with the same via any +of the following means: +a. Mail, registered mail, email or text messages on the mobile phone, smart +applications or electronic systems of the FTA ; +b. Posting on a prominent place at the Person’s Headquarters; or +c. Any other means to be agreed on between the Person and the FTA. +2. For the purpose of this Article, the registered address includes, w ithout limitation, +the address provided by the Person to the FTA , the Person’s usual address or last +place of residence or business known for the same. + +" +tax,Cabinet Resolution No. (74) of 2023 on the Executive Regulations of Federal Decree-Law No. (28) of 2022 on Tax Procedures,"Article (12) +Tax Agent Registration Conditions and Controls +1. A natural Person who desires to be registered in the Register of Tax Agents shall : +a. Be a person of good conduct and reputation ; +b. Have never been convicted of a felony or misdemeanor, even if he has been +rehabilitated; +c. Have the minimum level of the relevan t education and experience in taxation, +accounting or law in any of the following forms: +1. Career experience of not less than (3) three years acquired throughout the +previous five years, and holding at least a bachelor or master degree +accredited in taxatio n, accounting or law from an educational institution +recognized by the competent authority in the State; Cabinet Resolution No. (74) of 2023, on the Executive Regulations of Federal Decree -Law No. (28) of 2022 +on Tax Procedures 11 + 2. Career experience of not less than (3) three years acquired throughout the +previous five years, and holding a bachelor or master degree accredited in any +other field from an educational institution recognized by the competent +authority in the State, in addition to a valid professional certificate from a +recognized institution, as determined by the FTA ; and +3. Career experience of not less than (5) five ye ars acquired throughout the +previous eight years, and holding a bachelor or master degree accredited in +any other field from an educational institution recognized by the competent +authority in the State; +d. Complete any necessary training, as determined by the FTA , and successfully pass +any qualification tests, as determined by the FTA ; +e. Master spoken and written Arabic or English; +f. Have a professional liability insurance or be covered by the same under a +professional liability insurance contract, commensurat e with the nature and +business volume of the Tax Agent; +g. Have a license or work for an entity having a license from the competent +authority; and +h. Not be a current member of the Committee. +2. A legal Person that desires to be registered in the Register of Tax Agents must: +a. Be licensed as an audit firm, tax office or law firm; +b. Have a professional liability insurance or be covered by the same under a +professional liability insurance contract, commensurate with the nature and +business volume of the Tax Agent; +c. Have one of partners or managers fulfilling all the conditions prescribed for a +natural Person, as set out in Clause (1) above, supervising the services provided +by the legal Person and not working for another legal Person or for its favour; and +d. Fulfill any additional conditions determined by the FTA . Cabinet Resolution No. (74) of 2023, on the Executive Regulations of Federal Decree -Law No. (28) of 2022 +on Tax Procedures 12 + 3. An application for registration in the Register must be submitted to the FTA according +to the form and mechanism specified by the FTA . +4. FTA may, before deciding on the application for registration in the register, request +additional information from the applicant, and may request a personal interview with +the natural Person, pursuant to Clause (1) above, or with partner/manager, pursuant +to Paragraph (c) of Clause (2) above, as the case may be, or may inquire about the +references and documents mentioned in the registration application. +5. FTA shall provide for the provisions related to the procedures for registration of the +Tax Agent and cont inuation, renewal, suspension or revocation of the registration. + +" +tax,Cabinet Resolution No. (74) of 2023 on the Executive Regulations of Federal Decree-Law No. (28) of 2022 on Tax Procedures,"Article (13) +Procedures for Registration or Deregistration of the Tax Agent +1. The FTA shall examine the applications for registration in the Register, and shall +decide on the application or may request additional information within (15) +fifteen business days following the date of receipt. +2. If the FTA requests additional information pursuant to Clause (1) abov e, it shall +decide on the application within (15) fifteen Business Days from the date of +receiving such additional information. +3. If the FTA approves an application for registration in the Register, it shall so notify +the applicant within (5) five Business Days and request the payment of the due +fees. +4. The due fees shall be paid pursuant to Clause (3) above within 20 Business Days +from the date of Notification of the approval. If the due fees are not paid within +such time limit, the application shall be null and void. +5. The FTA shall register the Person in the Register of Tax Agents within (5) five +Business Days following the date of pay ment of the fees. Cabinet Resolution No. (74) of 2023, on the Executive Regulations of Federal Decree -Law No. (28) of 2022 +on Tax Procedures 13 + 6. The FTA may reject an application for registering the Person in the Register in any +of the following cases : +a. If the Person fails to fulfill any of the conditions specified in article (12) above; +or +b. If the registration will negatively affect the integrity of the tax system. +7. If the application is rejected, the FTA shall notify the applicant of the same within (5) +five Business Days from the date of the FTA ’s rejection of the application. +8. The registration in the Register shall be for (3) three years from the date of registration +for a natural Person, and for one year from the date of registration for a legal Pe rson. +The Tax Agent may submit an application to the FTA to renew their registration in the +Register in no later than twenty (20) Business Days before the expiry of their +registration and after the prescribed fees are paid within the time limit specified by +the FTA . +9. Any renewal application submitted after the expiration of the time limit specified in +Clause (8) above shall be treated as a new application and shall meet the conditions +specified in article (12) above. +10. If the Tax Agent fails to submit a regi stration renewal application before the expiry of +the time limits referred to in Clause (8) above, they shall be deregistered and +disengaged from all Persons they represent before the FTA, as of the expiry date of +their registration in the Register. +11. The Tax Agent shall notify the FTA if they cease to practice as a Tax Agent, pursuant +to Clause (2) of article (13) of the Decree -Law, as per the form and mechanism +determined by the FTA . +12. The FTA may remove the Tax Agent from the Register, upon their request; +13. The FTA shall remove the Tax Agent from the Register in any of the following cases: +a. If The FTA finds that they are unable to carry out their functions or duties, or that +they no long er fulfil the conditions set out in article (12) above; Cabinet Resolution No. (74) of 2023, on the Executive Regulations of Federal Decree -Law No. (28) of 2022 +on Tax Procedures 14 + b. If the FTA has serious reasons that the continuous registration of a Person as a Tax +Agent in the Register would negatively affect the integrity of the tax system in the +State; +c. If they commit any se rious violation of the provisions of the Decree -Law or the +Tax Law, or is involved in the Tax Evasion; or +d. If the FTA becomes aware that they are a current member of the Committee. +14. The FTA shall notify the Tax Agent and their principals of the deregistration +decision within (5) five Business Days from the date of issuance, and the Tax Agent +shall be notified of the grounds based on which such decision was issued. +15. Clause (14) above shall entail disengagement of the Tax Agent from all Person +they represent before the FTA, five (5) business days following the date of +Notification of the FTA ’s decision. + +" +tax,Cabinet Resolution No. (74) of 2023 on the Executive Regulations of Federal Decree-Law No. (28) of 2022 on Tax Procedures,"Article (14) +Obligations and Rights of the Tax Agent +1. When exercising their functions, the Tax Agent shall: +a. Assist the Person they represent before the FTA with regard to its Tax +obligations pursuant to the agreement concluded between them; +b. Keep any information obtained by the same in the course of performi ng their +functions as a Tax Agent confidential, without prejudice to any obligation to +disclose such information under law; +c. Continue fulfilling the requirements of their professional development +program, as determined by the FTA ; +d. Refrain from participati ng in any action or plan that could lead to violating any +law by any Person, or that could negatively affect the integrity and safety of the +tax system; and Cabinet Resolution No. (74) of 2023, on the Executive Regulations of Federal Decree -Law No. (28) of 2022 +on Tax Procedures 15 + e. Maintain information, documents, records and data related to any Person they +represent. +2. The Tax A gent may, while exercising their functions, rely on the information +obtained from the Person they represent, unless they have reasons to believe that +such information is incorrect. + +" +tax,Cabinet Resolution No. (74) of 2023 on the Executive Regulations of Federal Decree-Law No. (28) of 2022 on Tax Procedures,"Article (15) +Tax Auditing +1. Before making a decision to conduct a Tax Aud it, the FTA shall take into account +the following: +a. The Tax Audit must be necessary to protect the impartiality and integrity of the +tax system; +b. The responsibility of the Person or any associated Person for compliance with +the Decree -Law or the Tax Law; +c. Tax revenues expected to be collected; and +d. Compliance burdens and administrative burdens on both the FTA and the +associated Person, pertaining to conducting the Tax Audit. +2. The FTA may apply a Tax Audit to a Person that had been audited, taking into +accou nt the following: +a. Results of the previous Tax Audit; and +b. Any new information or data that would change the FTA’s situation. +3. FTA’s decision to conduct the Tax Audit shall be subject to the discretionary power +of the FTA , and no Person may object to or challenge such decision. + + Cabinet Resolution No. (74) of 2023, on the Executive Regulations of Federal Decree -Law No. (28) of 2022 +on Tax Procedures 16 + " +tax,Cabinet Resolution No. (74) of 2023 on the Executive Regulations of Federal Decree-Law No. (28) of 2022 on Tax Procedures,"Article (16) +Notification of the Tax Audit +1. The FTA shall notify the Person of the Tax Audit, at least (10) Business Days before +conducting the Tax Audit. The notice served by the FTA must make a reference to +the potential consequences that could result from obstructing a tax auditor from +practicing his duties. +2. For the purpose of applying Clause (4) of article (16) of the Decree -Law, the FTA +shall notify the Person in writing of the Tax Audit commencement to: +a. A tenant occupying the Headquarters if he is present when the Tax Audit starts; +or +b. A Person who acts as a responsible officer at the Headquarters in the absence +of the Tenant who occupies the Headquarters. +3. If the FTA is convinced that the Notification of the Person of the Tax Audit by the +means referred to in this Article is useless, it may notify the Person by posting the +notice at a prominent place at the Headquarters where the Tax Audit will be +conducted. + +" +tax,Cabinet Resolution No. (74) of 2023 on the Executive Regulations of Federal Decree-Law No. (28) of 2022 on Tax Procedures,"Article (17) +Tax Audit Pr ocedures +1. For the purpose of conducting the Tax Audit, the FTA may inspect/audit: +a. The Headquarters and documents and Assets therein; +b. Electronically -stored data and records; and +c. Accounting systems used by the Taxable Person. +2. For the purpose of applying Clause (1) above, a tenant occupying the +Headquarters or any Person that FTA deems controlling the same, in the absence +of the Tenant occupying the Headquarters, shall provide the FTA with all facilities +necessary for exercising its powers effectively. Cabinet Resolution No. (74) of 2023, on the Executive Regulations of Federal Decree -Law No. (28) of 2022 +on Tax Procedures 17 + 3. An employee of the FTA may accompany the Tax Auditor to the Headquarters +should the Tax Auditor deems such action necessary to enable him to exercise his +powers effectively. +4. The FTA shall notify the Person to provide any informat ion or show any +documents related to them or to any other Person should such documents or +information, at the desecration of the FTA , are necessary. +5. If the Person is notified to provide information or submit documents under Clause +(4) above, they shall pr ovide the same within the time limit and based on the form, +means and place set out in the Notification. +6. A tax auditor who practices auditing under an authorization issued by the Public +Prosecution shall show the approval issued by the FTA and the authorization +issued by the Public Prosecution, and shall prove his identity where required. + +" +tax,Cabinet Resolution No. (74) of 2023 on the Executive Regulations of Federal Decree-Law No. (28) of 2022 on Tax Procedures,"Article (18) +Seizure and Retention of Documents and Assets +1. Upon exercising his functions, the Tax Auditor may: +a. Take a copy of the documents; +b. Label the original documents and Assets to refer that they are under going +inspection; +c. Reserve documents and Assets; +d. Obtain information related to the Headquarters, Assets, documents and +accounting systems that have been audited and registered. +2. The Tax Auditor may impound any Assets or documents for periods determined +by him, in order to complete the Tax Audit. +3. If a document or asset is seized, pursuant to Paragraph (c) of Clause (1) above, the +FTA shall submit a report containing items seized within (10) ten B usiness Days Cabinet Resolution No. (74) of 2023, on the Executive Regulations of Federal Decree -Law No. (28) of 2022 +on Tax Procedures 18 + from the seizure date, or within any other period determined by the FTA for any of +the following Persons: +a. Owner of the document or Asset; +b. Tenant occupying the Headquarters in which the document or Asset has been +seized; or +c. Person where the document or asset was in his possession or under his control +immediately before being seized. +4. The report referred to in Clause (3) above shall include the following: +a. Purpose of the seizure on the document or Asset; +b. Nature and description of the documen t or Asset; +c. Place where the document or Asset is stored and the storage conditions; and +d. Expected period of seizure by the FTA . +5. The FTA may transfer, keep and store any documents or Assets that have been +seized under Clauses (1) and (2) above for the period required to complete the Tax +Audit, in accordance with the following conditions: +a. The documents or assets that have been seized or retained shall be returned to +the Person to whom the report was submitted, pursuant to Clause (3) above in +the best practicable condition. +b. The FTA may dispose of Assets which are perishable by nature, in accordance +with the FTA’s internal procedures. +6. The FTA shall notify the Asset’s owner or any Person specified in Paragraph (b) or +(c) of Clause (3) above, if it is not possible to notify the owner, of its desire to +dispose of the Asset, in whole or in part, and shall give him an opportunity to +entirely o r partially retrieve it before (10) ten Business Days from disposing of the +Asset, pursuant to Paragraph (b) of Clause (5) above. +7. The FTA shall assume no liability for any damage arising from the disposition of +Assets, pursuant to Paragraph (b) of Clause (5) above. Cabinet Resolution No. (74) of 2023, on the Executive Regulations of Federal Decree -Law No. (28) of 2022 +on Tax Procedures 19 + 8. If the Person whose asset or document is seized submits an application to access +thereto, the FTA may: +a. Allow him to access to such document or asset under its supervision, +photocopy or scan the document or photo the original and present the +photograph or scanned copy to the relevant Person; or +b. Reject the application if it deems that it would compromise: +1. The Tax Audit; +2. A Tax Audit related to another Person; +3. Any investigation related to any of the documents or assets required to be +accessed; or +4. Any criminal proceedings related to the document or asset required to be +accessed. +9. Where the FTA needs to keep records and books for a longer period, exceeding the +period set out in Clause (3) or article (3) above, it may seize and retain the same +for a period specified by it. + +" +tax,Cabinet Resolution No. (74) of 2023 on the Executive Regulations of Federal Decree-Law No. (28) of 2022 on Tax Procedures,"Article (19) +Result of Tax Audit +1. A Person that is subject to the Tax Audit shall be notified of the Tax Audit result, +within (10) Business Days of its completion. +2. A Person that is subject to the Tax Audit may access to or obtain the documents, +data and information based on which the FTA has assessed the Due Tax contained +in the results of the Tax Audit, based on an application to be submitted as per the +form specifi ed by the FTA within (20) twenty Business Days from the date of +Notification of the Tax Audit results. Cabinet Resolution No. (74) of 2023, on the Executive Regulations of Federal Decree -Law No. (28) of 2022 +on Tax Procedures 20 + 3. Subject to Clause (4) above, the FTA may provide the Person with the documents, +data and information required pursuant to Clause (2) above, within (10) ten +Business Days from receiving the application, as follows: +a. A hard or soft copy of the required documents, data or information. +b. An original copy of the required documents, data or information if such +documents, data or information belong to the Person that is subject to the Tax +Audit that submitted the application. +4. The FTA is not bound to provide the Person with the following: +a. Documents, data or information that could reveal any internal +correspondence or decisions taken by the FTA ; +b. Any confidential documents, data or information belonging to another Person; +and +c. Any documents, data or information that may be in the possession of the +Person that is subject to the Tax Audit that has submitted the application. In +this case, the FTA may provide the Perso n that is subject to the Tax Audit with +adequate information that allows them to identify the required documents, +data and information. + +" +tax,Cabinet Resolution No. (74) of 2023 on the Executive Regulations of Federal Decree-Law No. (28) of 2022 on Tax Procedures,"Article (20) +Tax Assessment +1. The Tax Assessment shall include adequate information to determine the value of +the Due Tax, Refundable Tax or any other matters determined by the Tax Law. It +shall include at least the following information of the relevant Person: +a. Name and address; +b. Tax Registration Number, if any; +c. Tax Assessment reference number; +d. Type of Tax under assessm ent; Cabinet Resolution No. (74) of 2023, on the Executive Regulations of Federal Decree -Law No. (28) of 2022 +on Tax Procedures 21 + e. Tax summary, including details of the declared Tax and adjustments made; +f. Grounds on which the Tax Assessment is based; +g. Net amount of the Tax payable to the FTA or which will be refunded by it; and +h. Due date for paying the Due Tax and the payment me thod. +2. When a tax amount due to the FTA is assessed and the Person is so notified, it shall +serve as a debt payable to the FTA , and may be collected on such grounds. + +" +tax,Cabinet Resolution No. (74) of 2023 on the Executive Regulations of Federal Decree-Law No. (28) of 2022 on Tax Procedures,"Article (21) +Assessment of Administrative Fines +1. The assessment of administrative fines shall include at least the following +information: +a. Name and address of the Person; +b. Tax Registration Number of the Taxable Person, if any; +c. Violation requiring the assessment of administrative fines; and +d. Summary of the administrative fines, including the following: +(1) Amount of the imposed administrative fine; +(2) Tax amount of the imposed administrative fine, if any; +e. Total administrative fines payable to the FTA . +2. When the amount of administrative fines is assessed and the person is notified +thereof, it shall serve as a debt payable to the FTA from the date of Notification, +and can be collected on that basis. + +" +tax,Cabinet Resolution No. (74) of 2023 on the Executive Regulations of Federal Decree-Law No. (28) of 2022 on Tax Procedures,"Article (22) +Procedures and Measures +1. The FTA may sell seized and abandoned goods that are damageable, reducibl e or +leakable, or that are in a condition that would compromise the safety of other Cabinet Resolution No. (74) of 2023, on the Executive Regulations of Federal Decree -Law No. (28) of 2022 +on Tax Procedures 22 + goods or the facilities existing therein, pursuant to the procedures contained in this +Article. +2. The FTA shall: +a. Draw up a report to record seized goods and reasons for sei zure; +b. Provide a copy of the report to the owner, and if it is not possible to notify the +owner, any Person specified in Paragraph (b) or (c) of Clause (3) of article (18) +above shall be notified; +c. Notify the goods owner, and if it is not possible to notify the owner, notify any +Person specified in Paragraphs (b) or (c) of Clause (3) of article (18) above of +the decision of selling goods, reasons therefor and the date scheduled for the +sale. +3. The sale under this Article shall be made in a public auction acco rding to the +procedures set by the FTA . +4. The FTA may destroy or dispose of the seized goods after notifying the owner in +the following cases: +a. Where it is not possible to sell the goods pursuant to this Article; or +b. Where the seized goods are perishable by nature to the extent that they may +lose their value, as per the internal procedures of the FTA . +5. The owner of seized goods may request to reco ver the same after paying the full +tax, administrative fines payable and any other expenses related to such goods; +provided that such goods are saleable and tradeable in the State, as per the +following conditions: +a. He shall notify the FTA within (5) five B usiness Days from the date of being +notified of the seizure; +b. He shall submit to the FTA evidence proving that: +1. He owns the seized goods; and +2. He has paid the full Tax, administrative fines and expenses related to such +seized goods. Cabinet Resolution No. (74) of 2023, on the Executive Regulations of Federal Decree -Law No. (28) of 2022 +on Tax Procedures 23 + 6. The FTA shall determ ine the procedures and controls for storing and transporting +the seized goods are damageable, reducible or leakable, or in condition that would +compromise the safety of other goods and facilities existing therein. + +" +tax,Cabinet Resolution No. (74) of 2023 on the Executive Regulations of Federal Decree-Law No. (28) of 2022 on Tax Procedures,"Article (23) +Conciliation on Tax Evasio n Offences +1. Before initiating a criminal action, the FTA may accept conciliation in respect of the +Tax Evasion offences and deliberate abstention from paying administrative fines +in return for paying the full Tax payable and administrative fines. +2. Before in itiating a criminal action, the FTA may accept conciliation in respect of the +offences set forth in Clause (4) of article (25) of the Decree -Law after paying an +amount of (AED 50,000) fifty thousand dirhams. If any of such offences causes a +Tax Evasion or leads to the facilitation or concealment thereof, the conciliation +shall be ma de by paying the consideration shown in Clause (1) above. +3. After the criminal action is initiated and during the phase of investigation and trial, +before a judgement of conviction is rendered and after consulting the FTA, the +Public Prosecution may accept conciliation on the tax offences in return for the +payment of the following amounts: +a. The full Due Tax and administrative fines, plus an amount equivalent to (50%) +of the tax amount evaded , pertaining to the offences set forth in Clause (2) of +article (25) of the Decree -Law; +b. The full Due Tax and administrative fines, plus an amount equivalent to (50%) +of the tax amount evaded , if any, pertaining to the offence of deliberate +abstention from paying the administrative fines set forth in Clause (3) of Article +(25) of the Decree -Law; or +c. An amount of (AED 100,000) one hundred thousand dirhams for offences set +forth in Clause (4) of article (25) of the Decree -Law. If any of such offences Cabinet Resolution No. (74) of 2023, on the Executive Regulations of Federal Decree -Law No. (28) of 2022 +on Tax Procedures 24 + causes a Tax Evasion or leads to the facilitation or concealment thereof, the +conciliation shall be made by paying the consideration shown in Clause (a) +above. +4. After a judgement of conviction is rendered and after consulting the FTA, the +Public Prosecution may reconcile Tax offences in return for the payment of the +following amoun ts: +a. The full Due Tax and administrative fines, plus an amount equivalent to (75%) +seventy five percent of the tax amount evaded , pertaining to the offences set +forth in Clause (2) of article (25) of the Decree -Law; +b. The full Due Tax and administrative fines, plus an amount equivalent to (75%) +seventy five percent of the tax amount evaded , if any, pertaining to the offence of +deliberate abstention from paying the administrative fines set forth in Clause (3) +of article (25) of the Decree -Law; or +c. An amount of (AED 200,000) two hundred thousand dirhams for offences set +forth in Clause (4) of article (25) of the Decree -Law. If any of such offences causes +a Tax Evasion or leads to the facilitation or concealment thereof, th e conciliation +shall be made by paying the consideration shown in Clause (a) above. +5. If more than one action of the actions set out in Clause (4) of article (25) of the +Decree -Law is committed for one purpose, and such actions are indivisibly related +to ea ch other, the conciliation shall be made for all such actions collectively, in +return for payment of the amount set out in Paragraph (c) of Clause (3), or +Paragraph (c) of Clause (4) above, as the case may be. + + Cabinet Resolution No. (74) of 2023, on the Executive Regulations of Federal Decree -Law No. (28) of 2022 +on Tax Procedures 25 + " +tax,Cabinet Resolution No. (74) of 2023 on the Executive Regulations of Federal Decree-Law No. (28) of 2022 on Tax Procedures,"Article (24) +Conciliation Conditions, Controls and Procedures +1. The conciliation application shall be submitted by the Person to the FTA on the +form prepared for such purpose, before a criminal action is initiated. The form shall +include an undertaking to pay the full amounts owed by them as a consideration +for the conciliation . +2. FTA shall decide either to accept or reject the conciliation application. If FTA +decides to accept the application, a report on the same shall be drawn up to record +the conciliation and the consideration th ereof and be signed by both parties, and +a copy thereof shall be delivered to the Person after paying the conciliation +consideration. +3. The conciliation application shall be submitted by the accused or convict, as the +case may be, at any stage of the crimin al action to the competent federal Public +Prosecution. +4. Before initiating the procedures of conciliation in Tax offences, the Public +Prosecution shall seek the opinion of the FTA . If no reply is received from the FTA +within (20) twenty business days, such action serves as implicit consent of the +conciliation . +5. The Public Prosecution shall draw up a report of the conciliation after the payment +of the full Tax, payable administrative fines and the additional consideration for +the conciliation , and shall be si gned by both the competent Public Prosecution +member and the accused or convict, and shall be approved by the Federal +Attorney -General. The report must include the following: +a. Data of the accused or convict; +b. A description of charges attributed to the accu sed or convict, date and place of +their occurrence and articles of law applicable thereto; +c. Amount of Tax and administrative fines payable; and Cabinet Resolution No. (74) of 2023, on the Executive Regulations of Federal Decree -Law No. (28) of 2022 +on Tax Procedures 26 + d. Stating the percentage and amount of the additional consideration for +conciliation . +The report shall be accomp anied by a proof of payment of the aforementioned +amounts. Where the administrative fines are paid in installments or are exempted, +pursuant to article (50) of the Decree -Law, or the payment of the additional +consideration of conciliation is postponed or p aid in installments, pursuant to +Clause (9) above, a plan of payment of deferred or installed amounts, as the case +may be, shall be attached to the report. The FTA and the Competent Court shall be +notified of the approved conciliation report, as the case m ay be. +6. The Public Prosecution shall order to stay the execution of the adjudicated penalty +if the conciliation is made during the execution thereof, even if the judgement +becomes final. +7. The completion of conciliation in accordance with the above shall terminate the +criminal action for the incident, subject of conciliation , and shall eliminate the +impacts arising therefrom. +8. Multiple accused or convicts in the criminal case shall not prevent the Public +Prosecution from proceeding with the conciliation proceedings with one or some +of them, and the effect of conciliation shall extend to all accused persons or +convicts in the sam e incident. +9. The Public Prosecution may, at the request of the accused person or convict, order +to postpone the payment of the conciliation consideration and to be paid in +installments according to the following conditions: +a. The postponement or installment must not include the tax payable or +administrative fines; +b. The period of postponement or installment must not exceed two years; and +c. The accused person or convict must provide adequate safeguards. +The Public Prosecution may revoke the order of postponemen t or installment if it +finds a reason for doing so. Cabinet Resolution No. (74) of 2023, on the Executive Regulations of Federal Decree -Law No. (28) of 2022 +on Tax Procedures 27 + 10. The conciliation shall be null and void and all effects thereof shall terminate where +the accused person or convict fails to comply with Clause (9) above or violates the +payment plan referred to in Claus e (5) above. +11. In all cases, the payment of the conciliation consideration, i.e. the Payable Tax and +administrative fines, shall be made in favour of the FTA . + +" +tax,Cabinet Resolution No. (74) of 2023 on the Executive Regulations of Federal Decree-Law No. (28) of 2022 on Tax Procedures,"Article (25) +Extension of Time Limits +1. The FTA may extend the time limit for deciding on an app lication for reviewing the +Tax Assessment and an application for reconsideration that fulfils the conditions +of formalities for (20) twenty Business Days if the extension is necessary to decide +on the application. +2. The Committee may extend a time limit for deciding on a Tax objection, which +fulfils the formal requirements, for (60) sixty Business Days if the extension is +necessary to decide on the objection. +3. The Committee may, at the request of stakeholders, extend the time limit for +submitting an applica tion for reviewing the Tax Assessment or an application for +reconsideration in cases assessed by the FTA . +4. The Committee may, at the request of stakeholders, extend the time limit for +accepting the submission of Tax objection if it found a reason beyond re asonable +control, an accident, unforeseen circumstances or force majeure precluded the +submission of the Tax objection within the prescribed time limits. +5. For the purposes of Clauses (3) and (4) above, the application shall be submitted +together with the e xtension justifications and reasons for the subject matter of +review, reconsideration or objection. + + Cabinet Resolution No. (74) of 2023, on the Executive Regulations of Federal Decree -Law No. (28) of 2022 +on Tax Procedures 28 + " +tax,Cabinet Resolution No. (74) of 2023 on the Executive Regulations of Federal Decree-Law No. (28) of 2022 on Tax Procedures,"Article (26) +Tax Refund Procedures +1. A Taxpayer that is entitled to refund the Tax under the Tax Law or the Decree -Law +may submit a refund application, as per the form and mechanism determined by +the FTA . +2. The FTA shall decide on the refund application under Clause (1) above, and shall +notify the Taxpayer of its decision within (20) twenty Business Days from the date +of submitting the refund application, or within any other time limit that may be +necessary to de cide on the refund application; provided that the Taxpayer is so +notified. +3. If the FTA approves the refund application, it shall, within (5) five Business Days +from the date of notification, pursuant to Clause (2) above, take actions to +reimburse the amoun t to the Taxpayer, as per the mechanism determined by the +FTA . +4. FTA may postpone the Tax refund until any due Tax Returns are submitted to the +FTA and have not been submitted when the Tax refund application is received. In +this case, the excess amount shal l be refundable after submitting such Tax Returns, +taking into account the conditions set forth in the Decree -Law and the Tax Law. + +" +tax,Cabinet Resolution No. (74) of 2023 on the Executive Regulations of Federal Decree-Law No. (28) of 2022 on Tax Procedures,"Article (27) +Payment of Tax and Administrative Fines in Bankruptcy Cases +1. If a business or part thereof enters into bankrup tcy proceedings and a bankruptcy +trustee is appointed thereto, the latter shall be treated as a representative of the +Person with respect to its business or part thereof up to the expiration of the term +of their appointment. Cabinet Resolution No. (74) of 2023, on the Executive Regulations of Federal Decree -Law No. (28) of 2022 +on Tax Procedures 29 + 2. The bankruptcy trustee shall n otify FTA of their appointment, within (20) twenty +Business Days from the date of their appointment pursuant to the provisions of +article (8) above. +3. The FTA shall inform the appointed bankruptcy trustee of the Due Tax amount or +of its desire to conduct a Tax Audit over specific Tax Period(s), within (20) twenty +Business Days from the date of notifying the FTA of the appointment of the +bankruptcy trustee , pursuant to Clause (2) above. +4. The bankruptcy trustee shall pay the Payable Tax to the FTA according to the +mechanism of paying the Payable Tax, pursuant to the Decree -Law and the Tax +Law. + +" +tax,Cabinet Resolution No. (74) of 2023 on the Executive Regulations of Federal Decree-Law No. (28) of 2022 on Tax Procedures,"Article (28) +Confidentiality and Disclosure of Information +1. Employees of the FTA and persons assigned by the FTA to implement the +provisions of the Decree -Law or the Tax Law shall, during and after their +employment and assignment, not disclose the information that was in their +possession or that they had accessed thereto during their employment or for +carrying out t heir assigned functions, except in the following cases: +a. The disclosure must be based on a decision by the judicial authority for the +purposes of a civil or criminal action before the competent court on a matter +falling within the FTA’s scope of work; +b. The disclosure must be made be for a competent government authority after +being determined by a decision of the Board of Directors, i.e. concluding a +memorandum providing for the disclosure, determining the permissible use of +the disclosed information and the procedures made for subsequent monitor, +security and permission and accuracy of information, including access to this +information by persons. Cabinet Resolution No. (74) of 2023, on the Executive Regulations of Federal Decree -Law No. (28) of 2022 +on Tax Procedures 30 + c. The disclosure must be in pursuance of international convention or treaties. +d. The disclosure must be related to the Person, their legal representative, or their +Tax Agent, at the request of one of them, on the Person’s file held by the FTA ; +and +e. The disclosure must be to one of the FTA ’s employees in charge and shall be +made at a place in accordance with the conditi ons of confidentiality, where by +the FTA expects that such Person will perform his duties and functions. +2. For the purposes of implementing the provisions of Clause (1) above, the “FTA +employees” shall mean: +a. The Chairman and Board Members; +b. The Director -General; and +c. Any other employee of the FTA . +3. For the purposes of implementing the provisions of this Article, the Board of +Directors shall specify the following: +a. The FTA employees and Persons assigned by it w hose jobs allow them to +disclose information and nature or category of such information permitted to +be disclosed; and +b. Date on which the disclosure is permitted. + +" +tax,Cabinet Resolution No. (74) of 2023 on the Executive Regulations of Federal Decree-Law No. (28) of 2022 on Tax Procedures,"Article (29) +Requesting Information and Documents +The FTA may request accounting records, commercial books and any other data and +information from any Person, in order to carry out its functions and powers under the +Decree -Law, the Tax Law and any executive resolution thereof. + + Cabinet Resolution No. (74) of 2023, on the Executive Regulations of Federal Decree -Law No. (28) of 2022 +on Tax Procedures 31 + " +tax,Cabinet Resolution No. (74) of 2023 on the Executive Regulations of Federal Decree-Law No. (28) of 2022 on Tax Procedures,"Article (30) +Repeals +1. Cabinet Resolution No. (36) of 2017, on the Executive Regulations of Federal Law +No. (7) of 2017, on Tax Procedures, as amended, shall hereby be repealed. +2. Any provision contrary to or in conflict with the present Resolution shall hereby +be repealed. +3. The resolutions issued by the FTA and the procedures applied by it, pursuant to +Cabinet Resolution No. (36) of 2017, on the Executive Regulations of Federal Law +No. (7) of 2017, on Tax Procedures, as amended, shall remain in force, in so far as +they do not con tradict the provisions of the present Resolution, until the substitute +resolutions and procedures are issued, pursuant to the provisions of this +Resolution. + +" +tax,Cabinet Resolution No. (74) of 2023 on the Executive Regulations of Federal Decree-Law No. (28) of 2022 on Tax Procedures,"Article (31) +Publication and Entry into Force +1. This Resolution shall be published in the Officia l Gazette, and shall enter into force +as of 1st August 2023. +2. Notwithstanding Clause (1) above, Clause (2) of article (12) above shall enter into +force as of 1st December 2023. + + +Mohammed bin Rashid Al Maktoum +Prime Minister + +Issued by Us: +Dated: 22nd Dhu al -Hijja 1444 AH, +Corresponding to: 10th July 2023 AD " +tax,Cabinet Resolution No. (41) of 2018 Concerning Applying Refunding System of Value Added Tax to Tourists,"Article (1) +Definitions +In application of Provisions of this Resolution, the following words and phrases shall have the +meanings assigned to them, unless the context indicates otherwise: +State : The United Arab Emirates. +FTA : The Federal Tax Authority. +Chairman : Chairman of the FTA Board of Directors. +VAT : The Value Added Tax. +GCC : All states that enjoy the membership of GCC in accordance with the +statutes of GCC countries . +Applying Countries : GCC states that apply VAT Law under an issued legislation . Cabinet Resolution of 20 18 Implementing the Refund System of the Value Added Tax to Tourists 2 + Tourist Coming +from Abroad System : Any natural person who is not a resident in the State or of any other +applying State and is not a member of a flight or naval crew; and +leaves the State to outside the applying one. +System : The operations under which VAT Refund mechanism shall be +provided to the tourist who is coming from abroad . +Operator : Service Provider(s) who are contracted to set up and operate the +system in the state . +Items : Physical personal possessions . +Retail Dealers : VAT -registered Business es in the State which supply items . +Purchase Without +VAT : Any purchase of any item by the tourist who is coming from abroad +for the purpose of refunding the paid VAT using the system . +Export : Items departure from the state . +Tax Period : The specified period over which VAT shall be calculated and paid. +The tax that was levied under Federal Decree -Law No. (8) of 2017 +concerning Value Added Tax and its payment date to FTA . +Output Tax : The supply tax that is levied by a retail dealer. + +" +tax,Cabinet Resolution No. (41) of 2018 Concerning Applying Refunding System of Value Added Tax to Tourists,"Article (2) +System Commencement Date +The President shall issue a decision specifying the Commencement Date of the system providing +that it shall be no later than 1 January 2019. + +" +tax,Cabinet Resolution No. (41) of 2018 Concerning Applying Refunding System of Value Added Tax to Tourists,"Article (3) +System Mechanism +1. The person shall meet all the following conditions to be qualified to refund VAT using the +system: +a. To meet the conditions that are stated in Clause No. 2 of Article No. 68 of the referred +Cabinet Resolution No. (52) of 2017. +b. To purchase the items from a retail dealer who participated i n the system. Cabinet Resolution of 20 18 Implementing the Refund System of the Value Added Tax to Tourists 3 + c. Items shall be purchased from the retail dealer in accordance with the requirements that +will be specified in a presidential decision. +d. Items shall be exported in accordance with the requirements that will be specified in a +presidential decision. +e. Such Items shall not be excluded by FTA from the system. +2. Each retail dealer who meets the participation requirements specified by the FTA shall have the +right to participate in the system. +3. If the tourist who is coming from abroad exp resses his wish to the retailer, who participates in +the system, to purchase without VAT, the retailer shall give the tourist the necessary documents +to claim VAT refund using the system as determined by FTA. These documents include tax +invoice that meets all the requirements stipulated in article (59) of the referred Cabinet +Resolution No. (52) of 2017. +4. The tourist coming from abroad shall apply for a direct VAT refund from the operator. The +operator in turn is required to refund the money upon receipt of the reasonable and sufficient +evidence as specified by FTA, on which the tax will be refunded to the tourist coming from +abroa d. +5. The Operator may charge fees to the tourist coming from abroad against refund management +using the System. He may also deduct t hese fees from the amount to be refunded to the tourist +coming from abroad in accordance with the President Decision; providing that these charged +fees shall not exceed what is approved by Prime Minister. +6. The operator shall cooperate with the customs depar tments of the State in cases in which the +tourist coming from abroad have to show the goods for which he wishes to recover VAT, which +may require verification and inspection in accordance with the conditions determined by FTA . +7. Customs departments shall coo perate with FTA and the Operator concerning verification and +inspection in accordance with the conditions determined by FTA. +8. If the operator refunds the amount of VAT related to a purchase without VAT to a tourist +coming from abroad in accordance with this Article properly, the operator may demand the +retailer, who sold the relevant items to the tourist coming from abroad, to directly pay the +amount of the refunded tax. Cabinet Resolution of 20 18 Implementing the Refund System of the Value Added Tax to Tourists 4 + 9. If the retail dealer pays the VAT amount to the Operator properly in accordance with thi s +Article, the retail dealer shall be able deem the VAT amount as a deduction from the Output +Tax that is to arise in the Tax Period in which the refund amount has been paid to the tourist +coming from abroa d. +10. The FTA may: +a. Specify the requirements including : procedural requirements; evidentiary, verification, +documentation and record keeping requirements which the tourist who is coming from +abroad, retailer, operator and any other person required to meet in order to apply the +system. +b. Enter into agreements wi th any person and specify the necessary conditions and +procedures related to system operation. + +" +tax,Cabinet Resolution No. (41) of 2018 Concerning Applying Refunding System of Value Added Tax to Tourists,"Article (4) +System Restrictions +The President shall issue a decision specifying the minimum amount of money that shall be applied +to refund requests in accordance with the System. + +" +tax,Cabinet Resolution No. (41) of 2018 Concerning Applying Refunding System of Value Added Tax to Tourists,"Article (5) +Issuance of Executive Resolutions +The President shall issue the necessary decisions to implement the provisions of this Resolution. + +" +tax,Cabinet Resolution No. (41) of 2018 Concerning Applying Refunding System of Value Added Tax to Tourists,"Article (6) +Repeals +Any provision contrary to or inconsistent with the provisions of this Resolution shall be repealed. + + Cabinet Resolution of 20 18 Implementing the Refund System of the Value Added Tax to Tourists 5 + " +tax,Cabinet Resolution No. (41) of 2018 Concerning Applying Refunding System of Value Added Tax to Tourists,"Article (7) +Provisions of the Resolution Enforcement +The provisions of this Resolution shall come into force as of the date on which it is issued and shall +be published in the Official Gazette. + + + + + + + + + + + + + + + + + + +Mohammed bin Rashid Al Maktoum +Prime Minister + +Issued by us: +On: 11 Dhul Qidah 1439 A.H. +Corresponding to: 24 of July 2018 AD " +tax,"Cabinet Resolution No. (23) of 2018 Concerning the Formation of Tax Disputes Resolution Committees, and its Relevant Regulations and Procedures","Article (1) +Definitions +In application of Provisions of this Resolution, the following words and phrases shall +have the meanings assigned to them, unless the context indicates otherwise: +Ministry : The Ministry of Justice. +Competent Minister : The Minister of Justice. +Object : A written or electronic objection submitted to +committees subject to provisions of law and this +Resolution . +Objector : A natural or legal person submitting the objection +either this is made by himself/itself, legal +representative or tax agent . +Authority : The Federal Tax Authority established pursuant to +Federal Decree -Law No. (13) of 2016. +Committee(s) : Tax disputes resolution committee (s). +Competent +Department : Department of tax disputes resolution committees at +the Ministry . + +" +tax,"Cabinet Resolution No. (23) of 2018 Concerning the Formation of Tax Disputes Resolution Committees, and its Relevant Regulations and Procedures","Article (2) +Formation of Committees +1. Permanent committees for tax disputes resolution shall be formed as follows: +a. Tax disputes resolution committee -Abu Dhabi. +b. Tax disputes resolution committee -Dubai. Cabinet Resolution of 20 18 Forming the Tax Disputes Resolution Committees, Its Bylaws, and +Procedures to be Followed before it 3 + c. Tax disputes resolution committee -Sharjah. +2. Each committee shall be headed by a judicial auth ority member and two expert +members registered at tax roll of experts and a resolution by the Minister shall be +issued for their appointment in coordination with the Minister of Finance. +3. Each committee shall have one judicial authority member and an expert listed in +the tax roll of experts standing -by, and a resolution by the Minister shall be issued +for their appointment in coordination with the Minister of Finance. +4. Membership period in committees shall be one year and may be renewed for a +similar period (s) for not more than three (3) years. +5. If the period expires and no resolution is taken to renew the membership, the +committee shall proceed its work until a resolution of renewal or reformation is +issued. + +" +tax,"Cabinet Resolution No. (23) of 2018 Concerning the Formation of Tax Disputes Resolution Committees, and its Relevant Regulations and Procedures","Article (3) +Venue for the C ommittees' Meetings to be Convened +1. Committees formed pursuant to this Resolution shall convene its meetings at the +headquarter determined by a resolution of the Minister. +2. Territorial jurisdiction of each committee shall be determined according to the +place in which the address of the objector indicated in the tax registration file at +the Authority is located. +3. The exception of clause (2) of this article is that tax disputes resolution committee +in Sharjah Emirate shall be the competent jurisdiction if the ad dress of the objector +as indicated in the tax resignation file at the Authority locates in Sharjah, Ras al - +Khaimah, Ajman, Fujairah, or Umm al -Quwain Emirates. +4. If the objector is a foreign company and its address indicted in its tax registration +file at th e Authority outside UAE, tax disputes resolution committee in Abu Dhabi +shall be the competent one to hear the objections submitted by such objector. +5. If there is a jurisdiction dispute, the competent Department formed pursuant to +article (15) of this Resol ution on the dispute of jurisdiction. Cabinet Resolution of 20 18 Forming the Tax Disputes Resolution Committees, Its Bylaws, and +Procedures to be Followed before it 4 + +" +tax,"Cabinet Resolution No. (23) of 2018 Concerning the Formation of Tax Disputes Resolution Committees, and its Relevant Regulations and Procedures","Article (4) +Subordination of Committees +1. Committees formed pursuant to provisions of this Resolution shall be subject to +Ministry of Justice and under its supervision with respect to administrative and +financial aspects. +2. Tax experts who are members of committees shall be subject to same obligations +and controls of judges and their equals subject to laws, regulations, and resolutions +applicable in the State. + +" +tax,"Cabinet Resolution No. (23) of 2018 Concerning the Formation of Tax Disputes Resolution Committees, and its Relevant Regulations and Procedures","Article (5) +Independence and Non-Conflict of Interest +1. Any member in the committees shall be prohibited to participate in the works of +the committee when hearing any objection in which the member or his wife has a +direct or indirect interest, or there is affinity, kinship or fourth degree t o objector, +or is the legal representative, guardian, or administrator of the objector. +2. In all cases, a committee member shall abstain to hear an objection when any of +the above cases stated in clause (1) of this article exists. The stand -by committee +memb er shall replace such member, as in the case, and the objection shall be +decided by that formation. + +" +tax,"Cabinet Resolution No. (23) of 2018 Concerning the Formation of Tax Disputes Resolution Committees, and its Relevant Regulations and Procedures","Article (6) +Functions of the Committee +The committees shall do the following: +1. Decides the objections submitted against the Authority decision on the motions +for reconsideration. +2. Decides motions submitted to the Authority and the Authority does not issue a +decision subject to provisions of the referred to Federal law No. (7) of 2017. Cabinet Resolution of 20 18 Forming the Tax Disputes Resolution Committees, Its Bylaws, and +Procedures to be Followed before it 5 + 3. No objection motion may not be submitted to any other committee if it was +previously submitted to one committee and that committee decided it. + +" +tax,"Cabinet Resolution No. (23) of 2018 Concerning the Formation of Tax Disputes Resolution Committees, and its Relevant Regulations and Procedures","Article (7) +Submitting an Objection +1. Objection motion shall be submitted to the competent administration. It may be +submitted through electronic objection system that is prepared by the Authority. +2. The objection shall be submitted according to the form determined for this +purpose, provided that it shall include the following documents and details: +a. Name, details and address of the objector. +b. Summary of the subject of the m otion and other motions submitted. +c. Supportive documents of the motion +d. Electronic addresses of the legal representative or tax agent of the objector, in +addition to any other email determined by the objector. +e. Any other documents relevant to the reasons of o bjection. +3. An objection shall be recorded in the registers prepared for this purpose according +to its date of submittal. The objector shall get a receipt of objection submittal that +includes number of objection and the competent committee that shall hear it . +4. Competent administration shall send the objection of the competent committee +within a period that shall not exceed two working days following its submittal day. + +" +tax,"Cabinet Resolution No. (23) of 2018 Concerning the Formation of Tax Disputes Resolution Committees, and its Relevant Regulations and Procedures","Article (8) +Hearing the Objection +1. The committee shall examine the objection submitted to it and shall decide it +within twenty -one working days from the date of receiving the objection. +2. The committee may, upon its discretion or subject to the motion of the objector, +permit to hold hearings where the objector, his legal representative or tax agent +attends. The committee may decide the motion pursuant to documents provided. Cabinet Resolution of 20 18 Forming the Tax Disputes Resolution Committees, Its Bylaws, and +Procedures to be Followed before it 6 + 3. The committee may extend the period to decide the objection to a period that shall +not exceed additional (20) twenty work ing days after the expiry of the period +stated in clause (1) of this article, if the committee have considerable reasons for +the purpose of deciding the objection. +4. Without prejudice to clause (3) of this article, the committee may allow the +objector to submit any new documents that were not attached to his motion, +subject to an excuse acceptable by the committee or if the committee considers +such documents necessary for deciding the objection. +5. In all cases, tax disputes claims shall not be ac cepted before competent court if no +objection is submitted first to the committee. + +" +tax,"Cabinet Resolution No. (23) of 2018 Concerning the Formation of Tax Disputes Resolution Committees, and its Relevant Regulations and Procedures","Article (9) +Events to Reject the O bjection +The committee shall issue a decision to refuse the objection submitted in the two +following cases: +1. If a motion is not submitted t o the Authority to reconsider its decision before the +objection is presented. +2. If objected taxes and administrative penalties are not paid. + +" +tax,"Cabinet Resolution No. (23) of 2018 Concerning the Formation of Tax Disputes Resolution Committees, and its Relevant Regulations and Procedures","Article (10) +Decisions issued by the committees are final in the following cases: +1. Decision of the committee shall be deemed final against the objection of the total +due taxes and administrative penalties relevant to that tax does not exceed AED +100,000. +2. Final decisions issued by the committee for tax disputes that does not exceed AED +100,000 shall be deemed a wr it of execution subject to the provisions of Federal +Law No. (7) of 2017 referred to in this resolution. +3. Final decisions issued by the committee for tax disputes that does not exceed AED +100,000 shall be deemed a writ of execution if they are not appealed before the Cabinet Resolution of 20 18 Forming the Tax Disputes Resolution Committees, Its Bylaws, and +Procedures to be Followed before it 7 + competent court within twenty (20) working days from the date the objection is +refused. + +" +tax,"Cabinet Resolution No. (23) of 2018 Concerning the Formation of Tax Disputes Resolution Committees, and its Relevant Regulations and Procedures","Article (11) +Appeal Against the Committees’ D ecisions +1. Without prejudice to article (10) of this Resolution, the Authority and the objector +may appeal against the decision of the committee before the competent court +within twenty (20) days from the date of the decision is issued by the committee, +otherwise the decision of the committee shall be deemed final and can be +appealed by any means. +2. Secretary of the committee shall send the objection file and all documents and +decision of the committee attached with it to the competent court within the +following two wor king days after the secretary receives a copy of the appeal brief +presented to the competent court. + +" +tax,"Cabinet Resolution No. (23) of 2018 Concerning the Formation of Tax Disputes Resolution Committees, and its Relevant Regulations and Procedures","Article (12) +The Committee ’s Secretary +Each committee shall have a secretary appointed by the Minister's resolution and shall +perform the following: +1. Receives objections from the relevant administration and provides the committee +members with the objection file with a date set for hearing. +2. Copies the decisions issued by the committee and presents them to the chairman +of the committee for execution. +3. Info rms the relevant administration and the objector with the decisions issued by +the committee with respect to the objection. +4. Sends the objection file with its documents to the competent court pursuant to +clause No. (2) of article No. (11) of this Resolution. Cabinet Resolution of 20 18 Forming the Tax Disputes Resolution Committees, Its Bylaws, and +Procedures to be Followed before it 8 + 5. Makes a quarterly report about the works made by the committee and the +objections decided, then such report is approved by the chairman of the committee +before sending it to the relevant administration. +6. Any other duties assigned by the chairman of the com mittee. + + " +tax,"Cabinet Resolution No. (23) of 2018 Concerning the Formation of Tax Disputes Resolution Committees, and its Relevant Regulations and Procedures","Article (13) +Functions of the Administration +Relevant administration shall perform the following: +1. Receives objections submitted against the decisions of the Authority and checks +that such objections fulfil the following details: +a. Name and details of the objector. +b. Number of the objected resolution, date of reporting and reasons of objection. +c. Date of submitting the motion to rehear to the Authority and the procedures +taken. +d. Payment of the due objected tax and administrative penalties, the sub ject of +the objection. +e. Ensures that there was no previous objection submitted by the objector against +the same decision of the Authority. +f. Ensures that clear address of the objector exists, his legal representative or tax +agent is identified. +2. Unifies the pa per and electronic forms used by these committees. +3. Prepares a quarterly report about the results of following up the committees' work, +including suggestions and recommendations. Such report shall be presented to the +head of the judicial inspection departme nt, provided that the report shall include +the following details: +a. Number of objections submitted to committees concerning the decisions of +the Authority. +b. How regular are the committees holding its sessions. +c. Number of sessions adjourned reasons for such act ion. Cabinet Resolution of 20 18 Forming the Tax Disputes Resolution Committees, Its Bylaws, and +Procedures to be Followed before it 9 + 4. Suggesting solutions of practical problems showing the committees' progress of +work and submitting such solutions to the heads of the committees for +consideration. +5. Gathering the principles contained in the decisions of committees and to circulate +them to other committees as preferential. +6. Receiving requests to committee member recusance and to refer such requests to +the department stipulated in article (15) of this Resolution. +7. Referral of jurisdiction disputes requests coming from the comm ittees and to refer +them to the department stipulated in article (15) of this Resolution within three +working days from the date on which such requests are received. + +" +tax,"Cabinet Resolution No. (23) of 2018 Concerning the Formation of Tax Disputes Resolution Committees, and its Relevant Regulations and Procedures","Article (14) +Recusance of Committee Members and its Procedures +An objector or the Authority may request recusance of any of the committee members +pursuant to the following procedures: +1. Recusance request shall be submitted to the relevant administration with its +reasons and supportive documents attached. +2. Relevant administration shall advi se the specific committee on the first working +day following the receipt of the recusance request. The committee shall suspend +deciding the objection until the recusance request is resolved. +3. Relevant administration shall refer the recusance request to the department - +stipulated in article (15) of this resolution within three working days from the date +the request is received. + +" +tax,"Cabinet Resolution No. (23) of 2018 Concerning the Formation of Tax Disputes Resolution Committees, and its Relevant Regulations and Procedures","Article (15) +Department Competent to Resolve Recusance and Jurisdiction +Disputes Requests +A department at Abu Dhabi Federal Court of Appeal Department shall be formed by a +resolution of the Minister. Such department will resolve the recusance requests Cabinet Resolution of 20 18 Forming the Tax Disputes Resolution Committees, Its Bylaws, and +Procedures to be Followed before it 10 + concerning the members of tax disputes resolution committees and jurisdiction +dispute referred to the department by tax disputes resolution committees. + +" +tax,"Cabinet Resolution No. (23) of 2018 Concerning the Formation of Tax Disputes Resolution Committees, and its Relevant Regulations and Procedures","Article (16) +1. The department formed pursuant to provisions of article (15) of this Resolution +shall resolve the recusance requests or jurisdiction dispute requests -as in the case - +within three (3) working days from the date of receip t and its decision shall be final +in this respect. +2. If a recusance request for any committee member is accepted in a way that may +cause non -quorum to convene, the stand -by judge member or expert shall replace +the one recused and the objection shall be heard by such formation. +3. If a decision from the relevant depratment is resolved to accept the full members +of the committee, such decision shall contain a referral of the objection to another +committee. This shall be an exception of the territorial jurisdcition provisions +stated in clause (2) of article (50) of this Resolution. +4. If a recusance request is dismissed, the objection shall be referred to the relevant +administration on the first working day following the issue date of the decision. +The rele vant administration shall refer the objection within three days to the +committee which shall resume its work subject to procedures stipulated in this +Resolution. +5. If a decision is issued by the relevant department resolving lack of jurisdiction of +the commi ttee to hear the objection, such decision shall include the relevant +committee to hear the objection and shall be referred to the administration to take +its procedures subject to provisions of this Resolution. +In all cases, the period determined for resolv ing the recusance or jurisdiction disputes +requests shall not be deducted from the period decided for the committee to resolve +the objection motion. + + Cabinet Resolution of 20 18 Forming the Tax Disputes Resolution Committees, Its Bylaws, and +Procedures to be Followed before it 11 + " +tax,"Cabinet Resolution No. (23) of 2018 Concerning the Formation of Tax Disputes Resolution Committees, and its Relevant Regulations and Procedures","Article (17) +Reimbursements +The Cabinet shall issue a resolution determining the reimbursements of the basic and +stand -by committee members and secretaries as suggested by the Minister. + +" +tax,"Cabinet Resolution No. (23) of 2018 Concerning the Formation of Tax Disputes Resolution Committees, and its Relevant Regulations and Procedures","Article (18) +Without prejudice to the provisions of clause (1) of article (7) of this Resolution: +1. The Authority shall make electronic records, forms, and systems to connect +between the Authority, committees, relevant administration, and competent +courts in order to manage their competences stipulated in this Resolution and in +collaboration with the Ministry of Finance and the Ministry for this end. +2. The Minister shall issue regulatory resolutions on the mechanism of work subject +to these electronic records, forms, and systems, including the requirements, +controls, and procedures. + +" +tax,"Cabinet Resolution No. (23) of 2018 Concerning the Formation of Tax Disputes Resolution Committees, and its Relevant Regulations and Procedures","Article (19) +Repeals +Any provision contrary to or inconsistent with the pr ovisions of this decision shall be +repealed. + + + + + + + + + + Cabinet Resolution of 20 18 Forming the Tax Disputes Resolution Committees, Its Bylaws, and +Procedures to be Followed before it 12 + " +tax,"Cabinet Resolution No. (23) of 2018 Concerning the Formation of Tax Disputes Resolution Committees, and its Relevant Regulations and Procedures","Article (20) +Publication and Enforcement +This Resolution shall come into force as of the date it is issued and shall be published +in the Official Gazette. + + + + + + + + + + + + + + + + + + +Mohammed bin Rashid Al Maktoum +Prime Minister + +Issued by us: +Date: 15 Sha'ban 1 439 A.H. +Corresponding to: 1 May 2018 AD " +tax,Federal Law No. (11) of 1981 Imposing Federal customs duty on imports of tobacco,"Article (1) +A federal customs duty shall be imposed on imports of tobacco and its products includ- +ing cigarettes, cigars, etc, whether manufactured or raw materials. + +" +tax,Federal Law No. (11) of 1981 Imposing Federal customs duty on imports of tobacco,"Article (2) +The tax rate shall be determined at (70%) Seventy Percent of the good’s price, calculat- +ed on the basis of its delivery at the port of arrival in the United Arab Emirates, in the +event it is imported from abroad. +A tax rate of (70%) Seventy Percent of the g ood’s manufacturing cost, in the event it was +manufactured, or its manufacturing was completed in the State, while taking into ac- +count any tax that may have been imposed on the materials included in its manufac- +turing. +The exports of such goods outside the State shall be exempted from the said tax. + +" +tax,Federal Law No. (11) of 1981 Imposing Federal customs duty on imports of tobacco,"Article (3) +Without prejudice to the provisions of the second paragraph of article (2), the goods +stipulated in article (1) shall be temporarily exempted from tax if its import was for the +Federal Law No. (11) of 1981 Imposing Federal customs duty on imports of tobacco 2 + purpose of re -exportin g thereof outside the State in their original condition. +It is conditional for such exemption that the importer pays to the competent authority a +cash deposit or provides a bank guarantee of the amount of the applicable tax and to +re-export the goods withi n one year from the date of such import. In the event of failure +to re -export such goods within one year, the tax shall become immediately payable. + +Article (3) BIS +50% (Fifty percent) of the revenues from the above referenced Tax shall be paid to the +Min istry of Finance and Industry, and the remaining 50% (Fifty percent) shall be paid to +the local government within which the tax was collected at one of its ports on within +which the goods were manufactured. The Ministry of Finance and Industry shall ap- +poin t financial controllers at sea, air, and land ports in the State to monitor and imple- +ment the provisions of this Law. + +" +tax,Federal Law No. (11) of 1981 Imposing Federal customs duty on imports of tobacco,"Article (4) +The Ministry of Finance and Industry shall, in cooperation with the local customs de- +partment in every emirate, collect the tax as provided by this Law. + +" +tax,Federal Law No. (11) of 1981 Imposing Federal customs duty on imports of tobacco,"Article (5) +The tax imposed hereunder shall be without prejudice to the local customs duties and +taxes levied or to be levied in the future, until the federal laws in connection with cus- +toms unity among th e emirates are issued. +Exemptions or tax discounts as set out in economical cooperation and double taxation +agreements shall not apply to the provisions of this Law. + +" +tax,Federal Law No. (11) of 1981 Imposing Federal customs duty on imports of tobacco,"Article (6) +A person that may avoid or attempt to avoid the payment of the tax levied by this Law +shall be punished by imprisonment for no later than six months and/or a fine two times +the applicable tax, and in both events to confiscate the subject goods. If such goods +cannot be confiscated, such person shall pay the same value of such goods . +Federal Law No. (11) of 1981 Imposing Federal customs duty on imports of tobacco 3 + Any other violation of the provisions of this Law or its executive bylaw shall be pun- +ished by a fine of AED 500 maximum. +All the above without prejudice to any severer penalty set out in any other law. + +" +tax,Federal Law No. (11) of 1981 Imposing Federal customs duty on imports of tobacco,"Article (7) +The executive bylaw of this Law shall b e issued under a resolution by the Minister of +Finance and Industry, in particular, such executive regulation shall indicate: +a. The Rules to be followed upon the calculation of the tax; +b. Such bodies allocated to collect the tax and the rules of such collection; +c. Any tax calculation, collection or other forms as required executing the provi- +sions of this Law and its executive regulation. + +" +tax,Federal Law No. (11) of 1981 Imposing Federal customs duty on imports of tobacco,"Article (8) +This Law shall come in force from the date of issue hereof and shall be published in the +Official Gazette . + + + + +Khalifa Bin Zayed Al Nahyan +The President of the United Arab Emirates + + +Issued by us in the Presidential Palace in Abu Dhabi on + 12 Shabaan 1401 Hijri, +corresponding to 14.6.1981 + + " +tax,"Cabinet Resolution No. (38) of 2017 Concerning the Excise Goods, Excise Tax Rates and Method of Calculating Excise Price","Article (1) +Definitions +For the purpose s of applying the provisions of this Resolution, the following words and +expressions shall have the meanings assigned thereto respectively, unless the context requires +otherwise: +State : The United Arab Emirates. +Authority : The Federal Tax Authority. +Tax : The Excise Tax. +Decree -Law : Federal Decree -Law No. (7) of 2017 Concerning the Excise +Tax. Cabinet Resolution of 20 17 Concerning the Excise Goods, Excise Tax Rates, and Method of Calculating Excise Price 2 + Excise Goods : Goods to be defined as taxable goods herein . +Taxable Person : Each person that is, or ought to be, registered for the tax +purposes pursuant to the provisions of the Decree -Law . +Importer : The natural or legal person that acts as the importer of +excise goods on the date of importation for the purposes +of customs clearance . +Excise Price : The price calculated in accordance wi th the provisions of +this Resolution . +Value Added Tax (VAT) : A tax levied on the importation and supply of goods and +services in accordance with Federal Decree -Law No. (8) of +2017 Concerning the Value -Added Tax (VAT) . + +" +tax,"Cabinet Resolution No. (38) of 2017 Concerning the Excise Goods, Excise Tax Rates and Method of Calculating Excise Price","Article (2) +Excise Goods +For the purposes of article (2) of the Decree -Law , the t ax shall be levied on the following excise +goods: +1. Tobacco and its products . +2. Soft drink s. +3. Energy drinks. + +" +tax,"Cabinet Resolution No. (38) of 2017 Concerning the Excise Goods, Excise Tax Rates and Method of Calculating Excise Price","Article (3) +Tobacco and Its Products +For the purposes of article (2) of this Resolution, tobacco and its products shall include all items +set forth in Chapter ( 24) of the Common Customs Tariff of the GCC States, which are imported, +cultivated or produced in the State. + + Cabinet Resolution of 20 17 Concerning the Excise Goods, Excise Tax Rates, and Method of Calculating Excise Price 3 + " +tax,"Cabinet Resolution No. (38) of 2017 Concerning the Excise Goods, Excise Tax Rates and Method of Calculating Excise Price","Article (4) +Soft Drink s +1. For the purposes of article (2) of this Resolution, soft drink s shall mean all of the following: +a. Any beverage that contains carbonated water, except for unflavored carbonated water. +b. Any concentrates, powder, gel, or extracts that can be converted into soft drinks . +2. For the purposes of this Article, soft drink s shall not include any beverage containing alcohol, +even if the product is considered a soft drink . +3. If the product referred to in Paragraph (b) of Clause (1) of this Article is previously taxed in the +State ; the soft drink produced from mixing such product with a gaseous agent at the place of +selling the product by a non -taxable person shall not be deemed as an excise good s for the +purposes of the Decree -Law and no tax shall be due there on. Further, the tax paid on the +product referred to in Paragraph (b) of Clause (1) of this Article may not be deemed as a +deductible tax in accordance with article (16) of the Decree -Law. +4. If any product is compatible with the definition of soft drink s set out in this Article and also +compatible with the definition of energy drink s set out in article (5) of this Resolution , such +product shall be classified a s an energy drink and shall be taxed at the rate applicable to +energy drinks. + +" +tax,"Cabinet Resolution No. (38) of 2017 Concerning the Excise Goods, Excise Tax Rates and Method of Calculating Excise Price","Article (5) +Energy Drinks +1. For the purposes of article (2) of this Resolution, energy drinks shall mean all of the following: +a. Any beverages marketed or sold as energy drink s that may contain stimulant s or provide +mental and physical stimulation, includ ing but not limited to caffein e, taurine, ginseng +and guarana and any ingredients that h ave an identical or similar effect as the said +ingredients . +b. Any concentrates, powder, gel, or extracts that can be converted into energy drink s. +2. For the purposes of this Article, energy drinks shal l not include any beverage containing +alcohol, even if the product is considered an energy drink . Cabinet Resolution of 20 17 Concerning the Excise Goods, Excise Tax Rates, and Method of Calculating Excise Price 4 + 3. If the product referred to in Paragraph (b) of Clause (1) of this Article is previously taxed in the +State; the energy drink produced from mixing such product with any other products at the +place of selling the product by a non -taxable person shall not be deemed as an excise goods +for the purposes of the Decree -Law and no further tax shall be due thereon. Further, the tax +paid on the product referred to in Paragraph (b) of Clause (1) of this Article may not be +deemed as a deductible tax in accordance with A rticle (16) of the Decree -Law. + +" +tax,"Cabinet Resolution No. (38) of 2017 Concerning the Excise Goods, Excise Tax Rates and Method of Calculating Excise Price","Article (6) +Tax Rate +For the purposes of article (3) of the Decree -Law, the t ax shall be levied on the excise goods +referred to in article (2) of this Resolution as per the following rate s: +Excise Goods Rate (%) +Tobacco and its products 100% +Soft Drinks 50% +Energy Drinks 100% + +" +tax,"Cabinet Resolution No. (38) of 2017 Concerning the Excise Goods, Excise Tax Rates and Method of Calculating Excise Price","Article (7) +Excise Price +1. In accordance with article (3) of the Decree -Law, the excise price shall be the higher of: +a. The price declared by the Authority for the excise good s in the price list issued thereby, if +any . +b. The designated retail price for such goods, less the tax included therein. +2. In order to deduct the value of the t ax included in the designated retail price , the following +calculations shall be used: +a. As to the e xcise goods taxable at a rate of (50%) of the excise price, the excise price shall +be equ al to two thirds of the designated retail price of such goods . +b. As to the excise goods taxable at a rate of (10 0%) of the excise price, the excise price shall +be equal to half of the designated retail price of such goods . Cabinet Resolution of 20 17 Concerning the Excise Goods, Excise Tax Rates, and Method of Calculating Excise Price 5 + 3. Notwithstanding the provision of Paragraph (b) of Clause (1) of this Article, the excise price +of soft drink s referred to in Paragraph (b) of Clause (1) of article (4) of this Resolution shall be +calculated in accordance with the mechanism determined by the Minister of Finance. + +" +tax,"Cabinet Resolution No. (38) of 2017 Concerning the Excise Goods, Excise Tax Rates and Method of Calculating Excise Price","Article (8) +Designated Retail Price +1. For the purposes of article (7) of this Resolution, the designated retail price shall be the higher +of: +a. The recommended retail price of the excise good s, which is specified, declared, and affixed +to the goods by the importer or producer. “The recommended retail price of the excise +goods ” shall mean the price achieved when the excise goods are sold for retail purposes +directly to the consumer, and it shall not include the cases of increasing the price due to +selling the excise goods in a hotel, restaurant, or similar facility for the purpose of +consumption in such facilities . +b. The average retail price of the goods in the market. +2. For the purposes of Paragraph (b) of Clause (1) of this Article, the taxable person shall +calculate the average retail price of the goods in the market as follows: +a. Identify ing the different retail prices of the excise goods in the market based on the +previous twelve months . +b. Deduct ing the value of the t ax included in the retail price in the market in accordance with +Clause (2) of article (7) of this Resolution or, if the retail price relates to a period preceding +the application of the tax, the full value of the retail price in the market shall be used . +c. Calculat ing the total excise goods sold at eac h retail price in the market in order to define +the total revenue s in the market for the period of twelve month s. +d. Divid ing the total revenues in the market by the total excise goods sold during the twelve - +month period . +e. Multiply ing the quotient as referred to in Paragraph (d) by the tax rate applicable to the +excise goods to arrive at the assumed tax due on the excise goods . Cabinet Resolution of 20 17 Concerning the Excise Goods, Excise Tax Rates, and Method of Calculating Excise Price 6 + f. Add ing the resulting values as referred to in P aragraphs (d) and (e) together to arrive at +the average retail price of such goods in the market. +3. The taxable person shall re -calculate the average retail price of the goods in the market at least +once every six (6) month s. In the event that the calculation of the average retail price results +in adjust ing the designated retail price in accordance with Clause (1) of this Article, such +adjustment shall be made from the tax period following the calculation of the average retail +price , or the tax period following the date in which the calculation is supposed to be made, +whichever i s earlier . +4. If the taxable person is unable to identify the designated retail price referred to in Paragraphs +(a) and (b) of Clause (1) of this Article, such taxable person shall notify the Authority thereof +within no less than (15) days prior to the date of submitting the tax return. +5. In the event that the Authority ascertains that the taxable person is unable to identify the price +referred to in P aragraphs (a) and (b) of Clause (1) of this Article, it may permit the taxable +person to calc ulate the tax based on the cost of the excise goods . +6. The designated retail price shall include all the duties and taxes due on the excise goods , +except for the value -added tax . + +" +tax,"Cabinet Resolution No. (38) of 2017 Concerning the Excise Goods, Excise Tax Rates and Method of Calculating Excise Price","Article (9) +Repeal ing Conflicting Provisions +Any provision inconsistent or discrepant with the provisions of this Resolution is hereby repealed. + + Cabinet Resolution of 20 17 Concerning the Excise Goods, Excise Tax Rates, and Method of Calculating Excise Price 7 + " +tax,"Cabinet Resolution No. (38) of 2017 Concerning the Excise Goods, Excise Tax Rates and Method of Calculating Excise Price","Article (10) +Publi cation and Enforcement +This Resolution shall enter into force as of 1st October 2017 and shall be published in the Official +Gazette. + + + + + + + + + + + + + + + + +Mohammed bin Rashid Al Maktoum +Prime Minister + +Issued by Us, +On: 4 Muharram 143 9 A.H. +Corresponding to: 24 September 2017 AD " +tax,Cabinet Resolution No. (37) of 2017 Concerning the Executive Regulations of Federal Decree-law No. (7) of 2017 on the Excise Tax,"Article (1) +Definitions +Upon applying the provisions hereof , and unless otherwise required by the context, the following +words and expressions shall have the meanings assigned thereto: +State : The United Arab Emirates. +Minister : The Minister of Finance. +FTA : The Federal Tax Authority. +Decree -Law : Federal Decree -Law No. (7) of 2017 Concerning the Excise Tax. +Excisable Goods : The goods labeled as taxable goods under a Cabinet Resolution +based on the Minister’s proposal . +Import : Arrival of goods from abroad to the State territories . +Export : Departure of the goods from the State territories including the direct +and indirect export . Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Excise Tax 2 + Direct Export : Exporting excisable goods to a destination outside the State where +the supplier assumes the responsibility for making arrangements for +transport or appointment of a shipping agent to act on his behalf . +Indirect Export : Exporting excisable goods to a customer abroad who assumes the +responsibility for arranging receipt of goods from the supplier inside +the State and then exporting them himself or through appointing a +shipping agent to act on his behalf . +Customer +Abroad : The person who is not residing in the State, has no establishment +therein and is not registered for tax purposes in the State . +Person : Natural or juridical person. +Taxable Person : Every person reg istered or required to be registered for tax purposes +by virtue of the provisions of the Decree -law. +Specified Area : Any fenced area established to be a free zone and the access thereto +or exit therefrom is permitted through a specific way, and any area +set by FTA as supervised by a warehouse keeper under the +provisions of the Decree -law. +Warehouse +Keeper : Any person accepted and registered at FTA for supervising a specific +area under the provisions of the Decree -law. +Tax Registration : A procedur e by virtue of which the taxable person or his legal +representative gets registered at FTA for tax purposes . +Tax Registration +Number (TRN) : A number issued by FTA to every person registered for tax purposes . +Registered +Person : The table person holding a tax registration number . +Importer : The Importer whose name appears as importer of excisable goods +on the date of import for the customs clearance purposes . +Tax Return : The specific information and data provided by the taxable person, +for tax purposes, on the form set for this purpose by FTA . Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Excise Tax 3 + Businesses : Any activity regularly, continuously, and independently carried out +by any person in any place which includes, or may include, trade in +excisable goods . +Recoverable Tax : The amounts paid and may be refunded by FTA to the person under +the provisions of the Decree -law. +Tax Due : The tax assessed and applied under the provisions of the Decree - +law. +Tax Payable : The tax due which becomes payable to FTA . +Taxable Period : The time duration in respect of which the tax due shall be assessed +and paid . +Storing Person : The person owning excisable goods and cannot prove that they have +previously been subject to tax under the conditions stated herein . +Customs +Legislation : The federal and local legislations regulating customs in the State . +Applying +Countries : The GCC countries applying the Tax Law according to an issued +legislation . +Free Zone Retail +Store : Any retail store in a specific area selling goods to the passengers +departing from the State . + +Part Two +Tax Compliance +" +tax,Cabinet Resolution No. (37) of 2017 Concerning the Executive Regulations of Federal Decree-law No. (7) of 2017 on the Excise Tax,"Article (2) +Taxable Persons +1. If the person who engages in the business according to item (1) of article (4) of the Decree - +law fails to satisfy the tax payment requirements, the person involved in any of the activities +set in item (2) of article (2) of the Decree -law shall be responsible for the tax due . This +includes without limitation: +a. The person falling within a supply chain for which the tax has not been paid . Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Excise Tax 4 + b. An investor or a person holding a financial interest in a supply chain for which the tax has +not been paid . +c. The owner of excisable goods in any case where he is the producer, importer, warehouse +keeper or storing person. +2. The warehouse keeper shall be responsible for payment of the tax due if the excisable goods +are released from a certain area and the person responsible for the tax payment fails to pay +the same in any of the following cases: +a. If the warehouse keeper fails to keep the records referred to in article (24) Decree -law. +b. If the warehouse keeper fails to meet any of the conditions imposed by FTA and +prescribed in item (6) of article (9) hereof. +c. If the warehouse keeper benefits in any way from the failure of the person responsible for +payment of the tax due . +3. The storing person shall not be responsible for payment of the tax due if the following +conditions are met: +a. If storing person owns excisable goods available for free trade for the business purpose in +the State provided that the tax has not been paid in respect of such goods, they have not +been exempted or have been returned or postponed. +b. The stored excisable goods shall not be surplus excisable goods under the provisions of +article (11) hereof. + +Part Three +Registration +" +tax,Cabinet Resolution No. (37) of 2017 Concerning the Executive Regulations of Federal Decree-law No. (7) of 2017 on the Excise Tax,"Article (3) +Application for Tax Registration +1. For the purposes of tax registration, the taxable person shall meet the following conditions +and requirements: +a. To submit an application for tax registration including all the information and data +required by FTA through the methods set by FTA . +b. To provide a financial guarantee as set by FTA and Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Excise Tax 5 + c. To abide by any additional requirements in terms of keeping of records, reports or +resolutions set and issued by FTA . +2. FTA shall reply to the person applying for tax registration within (20) twenty business days +from the date of receipt of application. +3. The validity date of the tax registration shall be the first day of the month in which the person +starts the business referred to in item (2) of article (2) of the Decree -law. +4. FTA may modify the amount of financial guarantee provided by the taxable person. +5. Any person , required to submit a tax registration application under article (2) of the Decree - +law, may apply for registration as a warehouse keeper subject to the conditions set forth in +article (9) hereof. + +" +tax,Cabinet Resolution No. (37) of 2017 Concerning the Executive Regulations of Federal Decree-law No. (7) of 2017 on the Excise Tax,"Article (4) +Exemption from Tax Registration +1. FTA may exempt the person from the tax registration if it has good reason to be believe that +such person will not import or export excisable goods from a specific area and then offer them +on regular basis for consumption. +2. For the purposes of item (1) of this Article , the expression “on regular basis” shall mean the +import or export of goods from a specific area more than one time no later than (6) six +months. +3. Notwithstanding the provisions of item (2) of this Article , if the person imports or exports +excisable goods from a specific area for four times within (24) twenty -four months, he shall +be treated as if he imports or exports such excisable goods from a specific area on regular +basis”. +4. The person exempted from tax registration under item (1) of this Article shall notify FTA, +within (20) twenty business days from the occurrence of any changes making him ta xable +under the Decree -law. The notice shall contain the information and data required by FTA and +shall be served in the way set by FTA for this purpose. Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Excise Tax 6 + 5. If the person no longer satisfies the conditions of exemption from registration as set forth in +item (1) of this Article , FTA shall register him from the date on which he is no longer satisfies +such condit ions. +6. If the import tax is due under the provisions of article (6) of the Decree -law, the person shall +pay the tax due amount before or on the date of import of excisable goods in the way set by +FTA for this purpose. + +" +tax,Cabinet Resolution No. (37) of 2017 Concerning the Executive Regulations of Federal Decree-law No. (7) of 2017 on the Excise Tax,"Article (5) +Rejection of Tax Registration Application +1. FTA may dismiss the tax registration application in the two following cases: +a. If it finds that the applicant does not intend to carry out any of the activities referred to in +item (2) of article (2) of the Decree -law. +b. If the applicant fails to provide the required information and data. +2. If FTA rejects the tax registration application, it shall notify the person of the dismissal decision +within (20) twenty business days from the date of receiving the application subject to the +procedures set forth in Federal Law No. (7) of 2017 referred to above. +3. If FTA rejects the tax registration application, the person may: +a. Apply for reconsideration of the decision subject to the procedures set forth in article (27) +of Federal Law No. (7) of 2017 referred to above. +b. Submit a further tax registration application under the provisions of article (3) hereof. + +" +tax,Cabinet Resolution No. (37) of 2017 Concerning the Executive Regulations of Federal Decree-law No. (7) of 2017 on the Excise Tax,"Article (6) +Tax Deregistration +1. The registered person shall notify FTA of the cancellation of his tax registration within (30) +thirty days from the date the registered person becomes no longer responsible for tax +payment under the provisions of article (4) of the Decree -law. +2. FTA shall deregister the registered person from th e day on which the registered person +becomes no longer responsible for tax payment under the provisions of article (4) of the +Decree -law. Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Excise Tax 7 + 3. FTA shall reply to the registered person’s deregistration application within (20) twenty +business days from the date o f receiving the application. +4. For the purposes of tax deregistration, the registered person shall comply with the following +conditions and requirements: +a. Payment of all the due taxes under the Decree -law. +b. Payment of all the due administrative penalties under the Decree -law and Federal Law +No. (7) of 2017 referred to above. +c. Submission of all due tax returns under the Decree -law and Federal Law No. (7) of 2017 +referred to above. + +" +tax,Cabinet Resolution No. (37) of 2017 Concerning the Executive Regulations of Federal Decree-law No. (7) of 2017 on the Excise Tax,"Article (7) +Rejection of Tax Deregistration Application +1. FTA may reject the tax deregistration application in the following cases: +a. If it finds that the person applying for tax deregistration intends to carry out any of the +activities referred to in item (2) of article (2) of the Decree -law within the next (12) +months. +b. If the person fails to prove to FTA that he is no longer responsible for tax payment under +the provisions of article (4) of the Decree -law. +c. If a period of less than (6) months lapses from the date of tax registration of the person +under the provisions of A rticle (3) hereof. +2. If FTA rejects the tax deregistration application, it shall notify the person of the dismissal +decision within (20) twenty business days from the date of receiving the application subject +to the procedures set forth in Federal Law No. (7 ) of 2017 referred to above. + +" +tax,Cabinet Resolution No. (37) of 2017 Concerning the Executive Regulations of Federal Decree-law No. (7) of 2017 on the Excise Tax,"Article (8) +Tax Registration on Commencement of Tax Application +1. The tax registration shall commence from the date set by FTA . Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Excise Tax 8 + 2. If FTA has good reason to believe that the taxable person failed to notify FTA of his +commitment to tax registration under the provisions of item (1) of this Article, FTA may +register him from the effective date of the Decree -law. + +" +tax,Cabinet Resolution No. (37) of 2017 Concerning the Executive Regulations of Federal Decree-law No. (7) of 2017 on the Excise Tax,"Article (9) +Registration as Warehouse Keeper +1. Any person , who operates or intends to operate a specific area , shall apply for registration as +a warehouse keeper. +2. The application for registration as a warehouse keeper shall contain the information and data +required by FTA and shall be served in the way set by FTA . +3. The effective date of registration as a warehouse keeper shall be from the date of FTA approval +of the application or any date requested by the person and accepted by FTA . +4. FTA shall issue a certificate of registration as warehouse keeper covering all the specific areas +for which he is responsible and where the production or storage of excisable goods without +clearance is permitted for consumption. +5. For the purposes of registrati on as warehouse keeper, FTA may apply the following +conditions : +a. To set the quantity of excisable goods which the warehouse keeper is allowed to store at +any time in every specific area for which he is responsible. +b. To set the type of excisable goods which t he warehouse keeper is allowed to keep in every +specific area for which he is responsible. +c. To require the warehouse keeper to provide financial guarantee in respect of every +specific area for which he is responsible as set by FTA . +d. To impose additional requ irements in terms of keeping records and reports and +submission thereof to FTA . +e. To set the level of physical security level required in every specific area for which he is +responsible. +f. To set the examinations the warehouse keeper is required to carry out in respect of the +excisable goods stored in every specific area for which he is responsible. Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Excise Tax 9 + g. To set the condition of access to and exit from every specific area for which he is +responsible as well as any other access or exit restrictions the warehouse keeper shall +impose. + +" +tax,Cabinet Resolution No. (37) of 2017 Concerning the Executive Regulations of Federal Decree-law No. (7) of 2017 on the Excise Tax,"Article (10) +Change of Warehouse Keeper Status +1. The warehouse keeper shall notify FTA of any changes he may experience, and which would +affect his registration as warehouse keeper , including the cases where the warehouse keeper +is no longer operating a specific area, in the ways set by FTA and within (30) thirty days from +the date of any of the following: +a. The date of expiry of the warehouse keeper’s responsibility for supervision an d +management of the specific area he is appointed as keeper. +b. The date of enforcement of the changes affecting the warehouse keeper’s condition. +2. FTA shall deregister the warehouse keeper from the date of the relevant occurrence. +3. FTA shall reply to the notic e served by the warehouse keeper within (20) twenty business +days from the date of receipt of the notice. +4. If the warehouse keeper applies for deregistration, FTA shall cancel his responsibility for the +specific area and shall not deregister him till the completion of all his duties and +responsibilities in respect of the period during which he was registered subject to the +conditions and requirements set by FTA . +5. Without prejudice to the provision of item (4) of this Article , if it is needed to continue the +operation of the specific area, the warehouse keeper applying for deregistration shall submit +a copy of the new warehouse keeper’s registration application unde r the provisions of Article +(9) hereof in addition to any other documents determined by FTA . + + + + + Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Excise Tax 10 + Part Four +Tax Payment Rules +" +tax,Cabinet Resolution No. (37) of 2017 Concerning the Executive Regulations of Federal Decree-law No. (7) of 2017 on the Excise Tax,"Article (11) +Storage +1. A person shall be treated as a storing person if he owns “excess excisable goods” in free trade +and which are available in the course of practice of businesses in the State and for which no +tax was paid in the past, it was exempted, returned or postponed. +2. “Excess excisable goods” shall mean the excisable goods to which all the following +requirements appl y: +a. They are owned by the storing person on the date on which the tax obligation arises, the +date on which the tax obligation increases or the date of commencement of effectiveness +of the Decree -law, whichever is earlier. +b. They shall be in excess of the monthly storage average of the storing person of such type +of excisable goods, whether purchases or produced, as determined based on the (12) +months period preceding the date set in paragraph (a) of this item. +c. The storing person shall own them prior to the date set in paragraph (a) of this item. +d. The storing person shall intend their sale in the course of practice of businesses in the +State. +3. As an exception from the provisions of paragraph (b) of item (2) of this Article , if the monthly +sale average of the excisable goods is assessed based on the (12) months period preceding +the date set in paragraph (a) of item (2) of this Article, and it is found that the storing person +has excisable goods since more than two months based on such averag e, regardless of the +monthly stock of such person, any goods in excess of two months shall be treated as excess +excisable goods and shall be taxable. +4. In the course of practice of his businesses in the State, any person shall keep audited records +indicating the quantity of his stock of excisable goods from the date of enforcement of the +Decree -law for the purposes of ensuring the excisable goods stock. + + Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Excise Tax 11 + " +tax,Cabinet Resolution No. (37) of 2017 Concerning the Executive Regulations of Federal Decree-law No. (7) of 2017 on the Excise Tax,"Article (12) +Offering Goods for Consumption +1. Excisable goods shall be offered for consumption in any of the following cases: +a. Production of the excisable goods +b. Getting the excisable goods out of a particular area and offering them for free trade. +2. For the purposes of paragraph (a) of item (1) of this Article , the excisable goods shal l be +treated as produced on the same date such goods arrive in any of the following conditions: +a. To be ready for retail sale +b. To be ready for consumption or sale if they are not intended for retail sale . +c. To be ready for sale to retailer if the excisable goods are of a type unintended for +consumption until they are added to another product at the retail sale point. +3. For the purposes of paragraph (b) of item (1) of this Article , the excisable goods shall be +treated as leaving the specific area and offered for free trade in any of the following cases: +a. If the excisable goods leave the specific area unless they are transported to another +specific area without launch for consumption or for export under the conditions referred +to in the Decree -law and th is Resolution. +b. If they are consumed or purchased for consumption inside the specific area. +c. If there is irregularity during the transport of the excisable goods from the specific area to +another area and this results in the offering of excisable goods for c onsumption. +d. If there is a damage or shortage in their quantity from a specific area or during their +transport from the specific area to another area or during their keeping in suspended +position under the customs legislations. +4. The word “irregularity” refer red to in paragraph (c) of item (3) of this Article shall mean any +circumstance occurring during the transport of the excisable goods from the specific area to +another area and such goods have not been transported according to the conditions set in +herein or in case the excisable goods are damaged or lost. +5. As an exception from the provision of paragraph (d) of item (3) of this Article , the excisable +goods shall not be treated as offered for consumption in the following cases: Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Excise Tax 12 + a. If the warehouse keeper respons ible for the excisable goods notifies FTA within (30) thirty +days from discovering any damage in the excisable goods or shortage in their quantity. +b. If it is found that the damage of the excisable goods or shortage of their quantity as a result +of a reasonable reason admitted by FTA . +6. The damaged goods may be destroyed after the lapse of (30) thirty days from notifying FTA if +FTA approves the destruction. +7. For the purposes of item (6) of this Article, the goods may be destroyed after the lapse of (30) +thirty days from notifying FTA unless FTA instructs to keep the goods in their condition for +inspection. +8. If FTA notifies the warehouse keeper within the period set in items (6) and (7) of its wish to +inspect the goods, the warehouse keeper shall keep the ex cisable goods until FTA completes +the inspection and issues its approval for the destruction. + +" +tax,Cabinet Resolution No. (37) of 2017 Concerning the Executive Regulations of Federal Decree-law No. (7) of 2017 on the Excise Tax,"Article (13) +Announced Price Include s Tax +1. The announced prices of excisable goods shall be inclusive of the tax if an agreement for +purchase of the goods is concluded and the goods have not been supplied before the date the +Decree -law comes into force, in the following cases: +a. If the buyer of the excisable goods intends to merge them to be come a component in +another taxable excisable good. +b. If the buyer of the excisable goods intends to export them to a place outside the State. +c. If the buyer is a foreign government, international organization or a diplomatic missio n +that is entitled to get back the paid tax under the provisions of item (1) of article (21) of +the Decree -law. +d. If the excisable goods are sold after the date the Decree -law comes into force to a person +who will export the excisable goods to an applying st ate and who will be taxable in such +state and is entitled to get back tax under the provisions of item (2) of article (21) of the +Decree -law. +e. If the buyer intends to resell the excisable goods. Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Excise Tax 13 + 2. The tax shall be become due in the cases referred to in item ( 1) of this Article in addition to +the price announced by the supplier. + +Part Five +Exempted Excisable Goods +" +tax,Cabinet Resolution No. (37) of 2017 Concerning the Executive Regulations of Federal Decree-law No. (7) of 2017 on the Excise Tax,"Article (14) +Exemption of Exported Goods +1. The excisable goods exported shall be exempted from tax if they are not offered for +consumption in the State and they have not been subject to tax previously in any of the +following cases: +a. If they are exported outside the State and provided that they are transported to the export +place under a suspended position according to the customs legislations and the +conditions and requirements set forth in item (11) of article (15) hereof. +b. If the export is for the consumption within an international flight depa rting from the State +which shall be transported to the export place under a suspended position according to +the customs legislations. +c. If they are purchased from a retail store in the duty free by a person who will export the +excisable goods directly provided that he provides a proof that they depart the applying +countries at the sale point. +2. The direct export shall be exempted from tax in case all the following conditions are me t: +a. The goods are actually exported by the importer to a place outside the State. +b. The exporter keeps an official and commercial proof of the export. +c. The goods are not used, whether in part or otherwise, and no changes are made thereto +in the period between the export and import unless to the extent necessary for +preparation of such goods for export. +3. The indirect export shall be exempted from tax in case all the following conditions are met: +a. The customer abroad exports the actually supplied goods to a place o utside the State. +b. The customer abroad gets an official and commercial proof of the export process and +submission of a copy thereof to the supplier. Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Excise Tax 14 + c. The goods are not used, whether in part or otherwise, and no changes are made thereto +in the period between the export and import unless to the extent necessary for +preparation of such goods for export. +4. For the purposes of items (2) and (3) and subject to the item (5) of this Article, +a. “Official proof” shall mean the export documents issued by the local customs d epartment +in the Emirate. +b. Commercial proof shall include: +1. Airway bill +2. Bill of lading +3. Shipping Document +4. Shipping Certificate +5. For the purposes of item (4) of this Article , FTA may set alternate forms in lieu of the evidence +proofs depending on the nature of the export or the nature of exported goods. + +Part Six +Specific Areas +" +tax,Cabinet Resolution No. (37) of 2017 Concerning the Executive Regulations of Federal Decree-law No. (7) of 2017 on the Excise Tax,"Article (15) +Specific Areas +1. The stored, kept or treated excisable goods in the specific area or those transported between +a specific area, and another shall be treated as not offered for consumption under article (12) +hereof . +2. For the purposes of article (13) of the Decree -law, the “specific area” is one of the following: +a. A free zone which shall meet the following conditions: +1. Availability of security controls for the restriction of access and exit of persons and +transport of goods from and to such specific area. +2. The s pecific area shall be subject to control and supervision by a customs department. +3. A warehouse keeper shall be appointed for the specific area. +b. Any area set by FTA if it meets the following conditions: +1. To be a geographically determined area Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Excise Tax 15 + 2. To security cont rols for the restriction of access and exit of persons and transport of +goods from and to such specific area subject to the regulations set by FTA . +3. A warehouse keeper shall be appointed for such area . +3. The specific area shall be registered through an applic ation to be submitted by the warehouse +keeper to FTA subject to the procedures FTA sets. +4. FTA may request the provision of a financial guarantee in respect of the registration of every +specific area as it sets. +5. Every person appointed as warehouse keeper shall control the specific area and supervise the +same and the transport of goods without their launch for consumption to another specific +area subject to the following conditions: +a. To keep the records of excisable goods available in the specific area at an y time subject to +item (8) of this Article. +b. To keep a proof on the excisable goods transported to another specific area without their +launch for consumption under item (8) of this Article. +c. Any other records as required by FTA in relation to a specific area the warehouse keeper +supervises. +6. The records referred to in paragraph (a) of item (5) of this Article may be kept by other +persons, but they remain the warehouse keeper’s responsibility. +7. The excisable goods imported to, received in or produced in a specif ic area or stored, kept, +treated or otherwise in any form in a specific area will not be taxable unless they are cleared +from the specific area or treated as offered for consumption under article (12) hereof. +8. The warehouse keeper shall keep the supporting documents required by FTA in relation to +the keeping of excisable goods in the specific area and the ways of treatment of such goods +and shall submit such documents upon request. Such kept documents shall be sufficient to +ensure the following: +a. The stock le vels at the specific area at any time . +b. The value and quantity of excisable goods entering to the specific area . +c. The value and quantity of excisable goods exiting from the specific area and offered for +consumption . Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Excise Tax 16 + d. The value and quantity of excisable goods transported to another specific area including +the details of such specific area . +e. The value and quantity of exci sable goods transported from the specific area for export +purposes . +f. The value and quantity of excisable goods produced within the specific area . +9. The transport of excisable goods from a specific area to another specific area inside the State +shall not be subject to tax in the following cases: +a. If the excisable goods or any part thereof are not offered for consumption during +transport . +b. If the excisable goods are not used or any change is made thereto in any way during their +transport . +c. If the transport takes place in accordance with the rules and regulations set by FTA . +10. For the purposes of article (14) of the Decree -law, the excisable goods are transported +between specific areas in the State subject to the following procedures: +a. The warehouse keeper in charge o f the specific area to which excisable goods are +transported shall issue a document with the following details: +1. The type of excisable goods to be transported . +2. The quantity and type of excisable goods to be transported . +3. The value of tax due in case the exci sable goods are offered for consumption in the +course of their transport to another specific area. +b. The warehouse keeper in charge of the specific area in which excisable goods are +delivered shall ensure that the excisable goods are received. +c. The excisable goods shall be accompanied by the document issued according to +paragraph (a) of this item during the transport of goods. +d. The document issued according to paragraph (a) of this item in relation to the transport +shall be provided to FTA upon request. +11. For the purposes of Articles (12) and (14) of this Decree -law, the excisable goods may be +transported between the specific areas inside the State or from a specific area for export +purposes if the following conditions are met: Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Excise Tax 17 + a. The warehouse keeper of the specific area from which excisable goods are transported +shall remain responsible until they are received by the warehouse keeper of the specific +area to which are transported or until they are exported. +b. The person in charge of transport of the excisable goods shall be taxable or a warehouse +keeper in any of the two areas. +c. In case of transport of excisable goods by a taxable person, prior approval shall be +obtained for transport of such excisable goods from the warehouse keepers and the +warehouse keeper may refuse the request of the taxable person for transport of such +goods. +d. The warehouse keeper shall keep a copy of all the approval s issued for the transport of +excisable goods by the taxable person. + +Part Seven +Calculation of Tax Due +" +tax,Cabinet Resolution No. (37) of 2017 Concerning the Executive Regulations of Federal Decree-law No. (7) of 2017 on the Excise Tax,"Article (16) +Deductible Tax +1. A taxable person who is entitled to deduct tax under article (16) of the Decree -law may +deduct the tax in his tax return in respect of the period during which the deduction right arises. +2. For the purposes of item (1) of this Article , the deductible tax amount equals the tax +previously paid in respect of the same goods. +3. For the purposes of evaluating the deductible tax under item (2) of this Article , the taxable +person may, if so, requested by FTA , submit proofs on the tax value previously paid in respect +of the same excisable goods. FTA shall set the way of submission of such proofs to ensure that +the taxable person has paid the tax. +4. For the purposes of item (3) of this Article , if the tax is paid in respect of the excisable goods +by another party within the supply chain, the taxable person shall keep the tax payment proof +as follows: +a. A copy of the excisable goods purchase voucher +b. Acknowledgment by the supplier confirming the payment of tax and val ue thereof. Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Excise Tax 18 + c. The information proving, in the way acceptable to FTA , that the excisable goods subject +of the claim are the same excisable goods in respect of which the tax was paid . +5. If the tax in respect of excisable goods becomes due in the State, the taxab le person may claim +tax refund under paragraph (a) of item (1) of article (16) of the Decree -law in the following +cases: +a. If the goods are exported to a country outside the applying countries. +b. If the goods are exported to an applying country and the tax was paid in respect of the +same goods. +c. If the goods are consumed in an international flight departing from the State. +6. Any tax deduction shall be on the basis of meeting the above conditions and the requirements +set by FTA . + +Part Eight +Tax Returns, Tax Periods and Tax Payment +" +tax,Cabinet Resolution No. (37) of 2017 Concerning the Executive Regulations of Federal Decree-law No. (7) of 2017 on the Excise Tax,"Article (17) +Tax Period Duration +1. The tax period duration shall be one calendar month. +2. FTA may decide that the first tax period of the taxable person after registration is longer than +the tax period duration set in item (1) of this Article . +3. As an exception from the provisions of item (1) of this Article , FTA may instruct the taxable +person to p rovide tax returns in respect of longer tax periods or approve his application for +such action. +4. The application referred to in item (3) of this Article shall be submitted to FTA in the way and +form set by FTA . + +" +tax,Cabinet Resolution No. (37) of 2017 Concerning the Executive Regulations of Federal Decree-law No. (7) of 2017 on the Excise Tax,"Article (18) +Tax Return +1. The taxable person shall submit a tax return in the way and form set by FTA . Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Excise Tax 19 + 2. The taxable person shall submit the tax return to FTA according to item (1) of this Article latest +by the 15th (fifteenth) day of the month following the respective tax period. + +" +tax,Cabinet Resolution No. (37) of 2017 Concerning the Executive Regulations of Federal Decree-law No. (7) of 2017 on the Excise Tax,"Article (19) +Tax Payment +1. The tax payable shall be settled through the ways set by FTA . +2. The taxable person shall settle the tax payable in respect of any month to FTA latest by the +15th (fifteenth) day of the next month. +3. The customs departments shall : +a. Verify the quantity of excisable goods imported to the State against the import +acknowledgment submitted by the importer before clearance of the excisable goods. If +the person is not taxable, the payment of any tax due and charges shall be verified. +b. Verify the quantity of excisable goods exported from the State against the export +document. + +" +tax,Cabinet Resolution No. (37) of 2017 Concerning the Executive Regulations of Federal Decree-law No. (7) of 2017 on the Excise Tax,"Article (20) +Submission of Periodic Tax Returns +1. The taxable person shall submit tax returns in the way and form set by FTA in respect of the +following: +a. Details of the excisable goods to be imported . +b. Details of the excisable goods produced in the State . +c. Details of the excisable goods transported from a specific area. +2. FTA shall set the dates for submission of tax returns referred to in item (1) of this Article . + + + + + + Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Excise Tax 20 + Part Nine +Refund of Excess Tax +" +tax,Cabinet Resolution No. (37) of 2017 Concerning the Executive Regulations of Federal Decree-law No. (7) of 2017 on the Excise Tax,"Article (21) +Refundable Excess Tax +1. The excess tax refund application which the taxable person may claim shall contain the +information and data set by FTA and shall be submitted through the ways set by FTA within +(5) five years from the date the person’s right to file the refund application arises. +2. Subject to FTA powers and its obligations specified in the Decree -law and this Resolution, FTA +shall refund the excess tax to the taxable person if it verifies h is entitlement to the refund. +3. Subject to item (6) of this Article , if FTA is required to refund the excess tax under item (2) of +this Article , this shall be carried out within the later of: +a. Two months from the submission of the refund application or +b. (21) twenty -one days from FTA review of the refund application if it so decides. +4. FTA shall not be required to refund any excess tax to the taxable person in case of expiry of a +period less than two tax periods from the end of the tax period during which the excess tax +results. +5. FTA may, at its sole discretion, refund the excess tax before the expiry of the period of two tax +periods in any of the following cases: +a. If the taxable person cancels his tax registration or +b. If FTA finds that the taxabl e person will be engaged in taxable businesses in the future and +that he is expected to have refundable excess tax for a period of not less than one year. +6. If the taxable person delays the submission of the tax return in respect of any tax period under +the provisions of the Decree -law, FTA may suspend the refund of any refundable amounts +until he submits any delayed returns. + + + + + Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Excise Tax 21 + Part Ten +Other Refund Cases +" +tax,Cabinet Resolution No. (37) of 2017 Concerning the Executive Regulations of Federal Decree-law No. (7) of 2017 on the Excise Tax,"Article (22) +Refund Applications in Special Cases +1. If any tax is paid by a foreign government, international organization or diplomatic mission, +the said tax refund application may be filed subject to the following conditions: +a. The excisable goods shall be obtained for official use exclusively. +b. If the country where the foreign government, international organization or diplomatic +mission is established and has official seat therein exempts the similar organizations of +the State from the burdens of any excise tax applicable in such country. +c. The ref und shall be in line with the conditions of any international convention or other +agreement on the tax obligations of such foreign government, international organization, +or diplomatic mission. +d. The excisable goods shall not have been obtained for the purpo se of resale or any other +commercial purposes. +2. If a registered person in an applying country pays the tax in the State, then he exports the +excisable goods to another applying country and pays the tax in the other applying country, +he may apply for tax ref und subject to the following conditions: +a. He shall not be registered in the State. +b. To submit the evidence supporting his application and proving that the person is taxable +in another applying country. +c. To submit the evidence confirming the payment of tax in respect of the excisable goods +in the State including the value of paid tax. +d. To submit the evidence confirming the export of excisable goods to another applying +country. +e. To submit the evidence confirming the payment of tax in respect of the excisable goods +in another applying country. +3. Subject to article (21) of the Decree -law, the tax refund application shall be submitted as +follows: Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Excise Tax 22 + a. Submission of the information and data requested by FTA and through the ways it sets. +b. If the application covers a period of n ot less than one month. +c. If the application covers a tax paid in respect of goods, the value of which is not less than +the amount set in a resolution from the Minister. +d. If the application is accompanied by the documents set by FTA . + +Part Eleven +Keeping the Tax Records +" +tax,Cabinet Resolution No. (37) of 2017 Concerning the Executive Regulations of Federal Decree-law No. (7) of 2017 on the Excise Tax,"Article (23) +Requirements of Keeping Tax Records +1. The taxable person shall keep the price lists of produced, imported, or sold excisable goods +and shall prov ide FTA with such records upon request. +2. For the purposes of item (1) of this Article , the price lists shall be sufficient to identify the +produced, imported or sold excisable goods and shall cover the details of values of such +excisable goods. +3. The required tax records shall be kept for the time periods and subject to the conditions and +regulations set forth in the Executive Regulations of the Federal Decree -law No. (7) of 2017, +referred to above. + +" +tax,Cabinet Resolution No. (37) of 2017 Concerning the Executive Regulations of Federal Decree-law No. (7) of 2017 on the Excise Tax,"Article (24) +Repeal of Conflicting Provisions +Every provision contradicting or conflicting with the provisions hereof shall be repealed. + + + + + + + Cabinet Resolution of 20 17 Concerning the Executive Regulations of Federal Decree -Law of 20 17 Concerning the +Excise Tax 23 + " +tax,Cabinet Resolution No. (37) of 2017 Concerning the Executive Regulations of Federal Decree-law No. (7) of 2017 on the Excise Tax,"Article (25) +Publi catio n and Enforcement +This Resolution shall enter into force from 01/10/2017 and shall be published in the Official +Gazette. + + + + + +Mohammed bin Rashid Al Maktoum +Prime Minister + +Issued by us: +On: 4 Muharram 1439 AH +Corresponding to : 24 September 2017 AD " +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (1) + Definitions +For the purpose of applying the provisions of this Decree -Law, the following words and +expressions shall bear the meanings assigned thereto respectively, unless the context requires +otherwise: +The State + : The United Arab Emirates. + +Federa l Decree Law of 2023 Regulating Insurance Activities 2 + The CBUAE + : The Central Bank of UAE. + +Board + : The CBUAE's Board of Directors. + +Chairman + : The Chairman of the Board. + +Governor + : The CBUAE's Governor. + +Free Zone + : Any financial free zone established in the State under the provisions of +Federal Law No. (8) of 2004, on Financial Free Zones, or any other +superseding law. + +Insurance +Company +(Insurer) + : An insurance company incorporated in the State and a foreign insurance +company licens ed to engage in insurance business in the State, either +through a branch or through an Insurance Agent. + +Reinsurance +Company + : A reinsurance company licensed to engage in reinsurance business, either in +the State or abroad. + +Companies + : Insurance and reinsurance companies. + +The Insured + : A Person that enters into an insurance policy with the Insurance Company +for their benefit or the benefit of the named Insured or the Beneficiary. + +Beneficiary + : A Person who initially acquires the Insurance Policy rights or to whom such +rights are legally transferred. +Federa l Decree Law of 2023 Regulating Insurance Activities 3 + +Insurance +Policy + : A contract between the Insurer and the Insured setting out the insurance +terms, rights and obligations of both parties or the rights of the insurance +Beneficiary, and the annexes attached to the policy constitute an integral +part thereof. + +Insurance +Agent + : A Person licensed or authorized the CBUAE, and is approved by the +Insurance Company and authorized to carry out insurance activities on its +own behalf or on behalf of a branch thereof. + +Insurance +Broker + : A legal person licensed by the CBUAE and acts as independent intermediary +in insurance and reinsurance operations between an insurance or re - +insurance applicant on the one side and any Comp any on the other side, +and receives, in consideration of its efforts, a commission from the +Company with which insurance or reinsurance is concluded. + +Surveyor and +Loss Adjuster + : A Person licensed or authorized by the CBUAE to detect and assess the +damage incurred as a result of the insured risk. + +Insurance +Consultant + : A Person licensed or authorized by the CBUAE to examine insurance +requirements for their clients and give advice in respect of the suitable +insurance coverage, assists in preparing insurance requirements and +receives their fees from their clients. + +Actuary + : A Person licensed or authorized the CBUAE to set the value and price of +Insurance Policies, and to asses the technical provisions, accounts and all +Federa l Decree Law of 2023 Regulating Insurance Activities 4 + matter related thereto. + +Health +Insurance +Claims +Management +Company + : A legal Person licensed the CBUAE to engage in health insurance claims +management business. + +Insurance - +Related +Professionals + : Any Person licensed or authorized the CBUAE to operate as an Insurance +Agent, Insurance Broker, Surveyor and Loss Adjuster, Insurance Consultant, +Actuary or health insurance claims manager, or any other profession related +to insurance as determined and regulated by a resolution of the Board. + +Branch + : A branch of the Company that carries out insurance activities in its own +name. + +Premium + : An amount of money paid or payable by the Insured under the Insurance +Policy and is called ""Contribution"" in Takaful insurance. + +Authorized +Manager + : A natural Person appointed b y a foreign insurance Company to manage its +branch in the State. + +Senior +Employee + : Any Person who occupies an executive position equivalent to the functions +of a director -general, Authorized Manager or the deputy or assistant of +either one, or any department director, internal audit director or branch +manager. +Federa l Decree Law of 2023 Regulating Insurance Activities 5 + +Technical +Provisions + : Provisions which the Insurer must deduct and retain to cover the Insured's +accrued financial obligations vis -a-vis the Insured, pursuant to the +provisions of this Dec ree-Law. + +Solvency +Margin + : A surplus in the value of the Company's existing assets over its liabilities to +such an extent that enables it to fulfil all its obligations and pay the required +insurance payouts once they become due without impeding the Company's +business or weakening its financial position. + +Minimum +Guarantee +Fund : An amount equal to one third of the required Solvency Margin or the +amount determined by the Board, whichever is greater. + +Auditor + : A Person authorized to carry out accou nting and audit functions in the +State. + +Takaful +Insurance + : A collective contractual scheme intended to achieve solidarity and +cooperation among a group of contributors to address certain risks, where +each one pays an amount of money called ""contribution"" to be deposited in +a Takaful insurance fund through which compensation is to be paid to +eligible persons when a risk is sustained. + +Higher Sharia +Authority +[HAS] + : The authority established under Federal Decree -Law No. (14) of 2018, +referr ed to hereinabove. + +Federa l Decree Law of 2023 Regulating Insurance Activities 6 + Person : A natural and legal Person. + +Commercial +Register + : The Register established with the competent authority under Federal +Decree -Law No. (37) of 2021, on the Commercial Register, or any other +superseding law. + + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (2) +Scope of Application +1. The provisions of this Decree -Law shall apply to the following categories: +a. Insurance Companies and Insurance -Related Professions; and +b. Holding companies that control or acquire (15%) of the volume of insurance +business in the State, or whose insurance activity and related services represent more +than (50%) of their revenues. The Board shall issue the controls governing the +operation of such Companies in the insurance activity. +2. The provisions of this Decree -Law s hall not apply to the Companies operating in the +financial Free Zones, save as specifically provided for in this Decree -Law. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (3) + Insurance Concept +An insurance is a contract whereby the Insurer undertakes to pay the Insured or the eligible +Beneficiary an amount of money, an arranged revenue or any other monetary compensation +in case the insured incident or risk has occurred, in return for Premiums or any other regular +payments to be paid by the Insured to the Insurer. + +Federa l Decree Law of 2023 Regulating Insurance Activities 7 + Chapter Two +Insurance Business +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (4) + Insurance Types +The insurance business shall be divided into the following types: +1. Insurance of Persons and fund accumulation operations; and +2. Property and liability insurance. +The resolutions, statutes, regulations and instructions issued by the Board shall determine the +insurance activities that fall under each insurance type of the above. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (5) +Compulsory Insurance +The Board may impose compulsory insurance against some risks under any regulatio ns +whereby the controls and conditions of insurance and other provisions related thereto are +identified. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (6) + Insurance Services Fees +1. The CBUAE shall charge fees for supervision and control, in addition to any other +chargeable fees for the services provided the CBUAE under the provisions of this Decree - +Law, including the services of issuing licenses and permits. +2. The Board shall issue a resolution determining the fees referred to in Clause (1) above, +and shall publish the same in the Official Gazette. + + +Federa l Decree Law of 2023 Regulating Insurance Activities 8 + " +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (7) +Establishment of Funds +The CBUAE may establish funds with an independent legal person for the purpose of +protecting policyholders, Beneficiaries and aggrieved persons. A resolution shall be issued by +the Board specifying the method of forming such funds and their objectives, mechanism of +finance, risks covered by them and benefits they provide when such risks occur, methods of +their termination and the provisions of their liquidation. + +Chapter Three +Functions of the Board and the Governor +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (8) +Functions of the Board +The Board shall adopt the policies, regulations and rules necessary for regulating insurance +business, pursuant to this Decree -Law, including the following: +1. The Solvency Margin and the Minimum Guarantee Fund controls according to the +generally -accepted international standards in this regard; +2. Basis of calculating the Technical Provisions; +3. Reinsurance criteria and controls; +4. Basis of investing the Company's assets; +5. Determining the Company's assets that meet the a ccrued insuring obligations; +6. Accounting policies to be adopted by the Company and the required forms to prepare +and present financial statements; +7. Basis of developing accounting books and records of the Companies, Agents, and +Brokers, along with determining the data to be recorded in such books and records; +8. Records which the Company commits itself to maintain and the description of such +Federa l Decree Law of 2023 Regulating Insurance Activities 9 + records, as well as data and documents that must be furnished to the CBUAE; +9. Conditions, controls and ethics for practicing the insurance and reinsurance activity and +the Insurance -Related Professions; +10. Anti -money laundering and combating terrorism financing and the financing of illegal +organizations in insurance activities, in cooperation with the relevant authoritie s; +11. Insurance policy rates it deems appropriate and the technical grounds thereof; +12. Controls and conditions for licensing the Companies and the Insurance -Related +Professionals; +13. Minimum capital for the Companies and the Insurance -Related Professionals; +14. Rules and controls necessary to protect clients of the Companies and Insurance -Related +Professionals and provide them the appropriate Insurance Coverage; +15. Conditions, rule and controls for approving Auditors of the Companies and the +Insurance -Related Professionals and their obligations; +16. Setting out and determining the Emiratization targets in the insurance sector, monitoring +the compliance with such targets and imposing penalties and fines on the Companies +and the Insurance -Related Professiona ls that do not comply with the same, and to that +end, it may coordinate with the relevant authorities or may entrust them with any of +such functions; provided that the Board shall set a mechanism for the retention and +disposition of amounts of such fines, and the CBUAE shall submits an annual report to +the Cabinet on the Emiratisation targets and the actions that have been taken to achieve +such targets; +17. Regulating Takaful Insurance business, including the provisions and procedures for +appointing and approvi ng the Sharia Supervisory Committee and the conditions +required to be fulfilled by its members; +18. The financial reporting system and the external audit of the Companies and the +Insurance -Related Professionals; +Federa l Decree Law of 2023 Regulating Insurance Activities 10 + 19. Regulations, rules, standards, directives and instructions related to inspection operations +and procedures of the Companies and the Insurance -Related Professionals; and +20. Regulations, rules and standards related to the competency of the Senior Employee. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (9) + Functions of the Gov ernor +1. The Governor shall issue the policies, regulations, statutes, instructions and rules +approved by the Board, and shall issue the resolutions and instructions necessary for +implementing the same. +2. The Governor shall be responsible for applying the provi sions of this Decree -Law and +the CBUAE's regulations and the Board's resolutions issued in pursuance thereof. +3. The Governor may delegate his functions set forth herein to any of his deputies, +assistants or other Senior Employees of the CBUAE; provided that the delegation is in +writing and for a specific period. + + +Chapter Four + Insurance Companies +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (10) + Engagement in Insurance Business +Any of the following Persons licensed the CBUAE may engage in insurance business in the +State: +a. An Insurance Company incorporated as a public joint -stock company in the State; and +b. A branch of a foreign Insurance Company. + +Federa l Decree Law of 2023 Regulating Insurance Activities 11 + " +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (11) + Prohibition of Combination of Insurance Operations +1. Insurance Companies may not combine persons and fund accumulation insurance +operations and property and liability insurance operations. +2. Existing companies licensed to carry out the two types of insurance before issuing +Federal Decree -Law No. (6) of 2007, referred to hereinabove, shall remain in practice. +3. The Companies referred to in Clause (2) above shall comply with the following controls: +a. Complete separation between persons and funds accumulation insurance operations +and property and liability insurance operations in terms of technical, financial, +technolog ical, administrative and legal procedures and the relevant technical, +administrative and financial systems and staff, except for the Company's Director +General; and +b. Drawing up all financial reports and statements required by virtue of this Decree - +Law and t he Board's instructions and resolutions on a unified aggregate basis, and on +the basis of the separation between persons and funds accumulation insurance +operations and property and liability insurance operations. +4. Notwithstanding the provisions of Clause (2) above, the Cabinet may, at the proposal of +the Board, issue a resolution obligating Insurance Companies to adjust their affairs +pursuant to the provisions of Clause (1) above, or may issue a resolution that such +Companies remain carrying out the two types of insurance and while being prohibited +from issuing new Insurance Policies combining the property and liability insurance and +the persons and funds accumulation insurance operations, in accordance with the +controls and requirements set by the C abinet in this regard. + + +Federa l Decree Law of 2023 Regulating Insurance Activities 12 + " +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (12) +Insurance with a Company Abroad +1. Insurance brokerage for funds or property existing in the State or for the liabilities arising +therefrom may only be carried out by an Insurance Company licensed under the +provisions of this Decree -Law. +2. The Company may reinsure any property inside and outside the State. +3. No Person may conclude an Insurance Policy with an Insurance Company outside the +State to cover any money or property in the State or liabilities arising therein. No lega l +person in the State may insure its personnel in the State with an Insurance Company +outside the State. +4. Notwithstanding the provisions of Clause (3) above, insurance may be made with an +Insurance Company in the State in case the required Insurance Coverag e is not available +in the State, or Insurance Companies abstain from, or unable to provide such coverage, +or for any other reasons decided the CBUAE, in accordance with the controls and +conditions determined by the Board in this regard. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (13) +Insurance Policy Language +1. The Insurance Policy shall be drawn up in the State in Arabic, and an accurate translation +into any other language may be attached therewith. In case of discrepancy in the +translation of the policy, the Arabic text shall prevail. +2. The policy's clauses exempting the Insurance Company from liability shall be written in +bold with a different colour, and must be approved by the Insured beforehand. +3. Insurance Policies may be electronically issued, in accordance with the terms and +conditio ns established by virtue of a resolution by the Board. +Federa l Decree Law of 2023 Regulating Insurance Activities 13 + 4. Notwithstanding the provision of Clause (1) above, the Governor may exclude certain +Insurance Policies from the condition of being drawn up in Arabic if so requested the +CBUAE. + +Chapter Five +Governan ce of the Companies +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (14) +General Framework of Governance +The CBUAE shall set the general framework for governance of the Companies, as well as the +regulations and rules for organizing the work of their boards of directors. the CBUAE shall also +set the conditions that must be fulfilled by board candidates and the conditions for appointing +their Senior Employees; provided that the Companies whose securities are listed on financial +markets of the State shall comply with the governance requirements issued by SCA. + + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (15) +Conditions of Appointment of Board Member, Director General or +Authorized Manager of the Company +A Person to be appointed as a board member, Director General or Authorized Manager of the +Company must: +1. Have never been convicted of a felony or misdemeanor involving moral turpitude and +breach of trust or of insolvency, unless rehabilitated; and +2. Have never been punished with any administrative sanction determined by a decision of +the Board, on the grounds of committing a v iolation of any of the provisions of this +Decree -Law or Federal Decree Law No. (32) of 2021, referred to hereinabove, in his +Federa l Decree Law of 2023 Regulating Insurance Activities 14 + capacity as a Director General or board member of a Company or beneficial owner +thereof or controlling over its capital, including the liability for causing loss, bankruptcy +or liquidation of the Company. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (16) + Prohibitions +1. The Company's chairman, board member, Director General and Authorized Manager or +who acts on their behalf shall be prohibited from: +a. Engaging in managing other competing Insurance Company or any company that +carries out the same or similar Insurance activity; +b. Competing the Company's business or carrying out any action or activity that +conflicts with the Company's interest; +c. Practicing as an Insuranc e Agent or Broker; or +d. Receiving a commission for any insurance operation. +2. Any Person who assumes the management of the Company or any employee thereof +may not be a representative of any shareholder of the Company. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (17) + Conditions for Appointment of Senior Employee +1. In order for a Senior Employee to be appointed, he/she must fulfil the same conditions +set forth in article (15) above, in addition to the fulfillment of the qualifications, +efficiency and expertise requiremen ts necessary for carrying out insurance operations. +The Company shall provide the CBUAE with a detailed statement containing the +academic qualifications, practical experience and documents supporting the above. +2. The Board shall issue a resolution defining t he academic qualifications, the practical +Federa l Decree Law of 2023 Regulating Insurance Activities 15 + experience and the documents referred to in Clause (1) above. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (18) + Vacant Position +The Company shall notify the CBUAE in case the position of the Company's board member, +Director General, Senior Employee or Authorized Manager becomes vacant. The Company's +board of directors or the Company, as the case may be, shall fill the vacant position within a +period not exceeding (30) days from the date of being vacant, after obtaining the approval of +the CBUAE. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (19) +Providing the CBUAE with Meeting Minutes +The Company's board of directors shall provide the CBUAE with copies of the board's minutes +of meetings and decisions related to the election of the Company's chairman, vice -chairman +and members authorized to sign on behalf of the Company and their specimen signatures, +within (7) seven days from date on which such decisions are issued. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (20) + Resignation of Board Members +Should the chairman and board members submit their resignations or should the vacant +positions reach one quarter of the Company's board members, the Governor shall: +1. Form an interim committee comprising experienced and specialized individuals and +appoint a chairman and vice -chairman thereto to assume the m anagement of the +Company; +2. Call for a general meeting within a period not exceeding (3) three months following date +Federa l Decree Law of 2023 Regulating Insurance Activities 16 + of forming the committee, renewable for a similar period only once, in order to elect a +new board of director of the Company. The Company sha ll bear the committee's +remunerations, as decided by the Governor. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (21) +Protection of the Company +1. The CBUAE shall take whatever measures it deems appropriate for the proper +functioning of the Company's business, in accordance with the controls d etermined by +the Board. To that end, the CBUAE may: +a. Request to hold a general meeting to discuss any subject the CBUAE deems critical; +b. Request to include any item the CBUAE deems necessary to be included on the +Company's general meeting agenda, even while the general meeting is being held; +and +c. Stay the execution of any decision issued by the Company's general meeting if it +contradicts the laws or regulations in force. +2. If the Company's general meeting is unable to take a decision on the appointment of its +Auditor, or if the appointed auditor rejects the appointment for any reason whatsoever, +the CBUAE may appoint an Auditor for a period of one fiscal year and determine their +fees at the Company's expense. +3. If the Company's general meeting is unable to ap point members of the Sharia +Supervisory Committee, pertaining to Companies where such committee is required, or +if this appointment is not possible for any reason, the CBUAE may appoint the members +of the Committee and fix their remunerations at the expens e of the Company. + + +Federa l Decree Law of 2023 Regulating Insurance Activities 17 + " +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (22) + Publication of the Call to the General Meeting +1. The Company may publish a call to hold the general meeting in newspapers only +following the approval of the CBUAE of the publishing. The Company may only include +any additional items on the general meeting's agenda subject to prior approval of the +CBUAE. +2. Subject to the provisions of Clause (1) above, a Company whose securities are listed on +financial markets may publish an invitation to the general meeting in newspaper s only +following the approval of SCA. +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (23) +Technical Provisions and Reserves Required to be Maintained +The Company, in implementation of the instructions issued by the Board, shall maintain the +following: +1. Solvency margin and the Minimum Guarantee Fund, as per the type of insurance carried +out by the Company; +2. Technical Provisions estimated at the end of each fiscal year; and +3. Reserves to be maintained in the State. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (24) +Appointment of Actuary +The Company licensed to engage in insurance business shall appoint or approve a registered +actuary, pursuant to the provisions of article (65) hereunder, within one month from date of +being granted the license, and shall so notify the CBUAE within one month from the date of +appointment or approval of the Actuary. + +Federa l Decree Law of 2023 Regulating Insurance Activities 18 + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (25) + Insurance Pool +Insurance Companies may together create one or more insurance pool(s) to provide an +Insurance Coverage of any branch of insurance or any specific operation for the benefit of the +pool, pursuant to the bylaw of each pool; provided that the CBUAE's prior approval is +obtained . + +Chapter Six + Obligations of the Company +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (26) +Payment of Compensation +The Insurance Company shall pay the compensation set out in the Insurance Policy to th e +Insured or to the Beneficiary, as the case may be, as soon as the insured incident occurs or the +insured risk is realized. Whereupon, the Insurance Company shall subrogate the Insured for +the indemnity it paid for damage in claims of the Insured vis -à-vis the party causing the +damage for which the Insurance Company's liability has arisen. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (27) +Insurance of Vehicles +The Insurance Company shall conclude the Insurance Policy for all motor vehicles licensed in +the State when so requested by stakeholders. The Board shall set the insurance rates as +commensurate with the severity of risks. + + +Federa l Decree Law of 2023 Regulating Insurance Activities 19 + " +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (28) +Provision of Data and Information +1. The Companies and the Insurance -Related Professionals shall provide any data or +information requested the CB UAE about them or about any Company possessively +related or associated therewith in any manner whatsoever, within the time limit set the +CBUAE. +2. The Company's Board of directors shall invite the CBUAE to attend the general meeting +before at least (15) fifte en days from date of its convention. the CBUAE may assign one +of its employees to represent it for such purpose. +3. the CBUAE may assign one or more of its employees to verify or audit any of the +Company's transactions, records or documents, within the normal business hours of the +Company. The Company shall put any of the aforesaid at the disposal of the so assigned +employee and shall cooperate with him to enable him to fully perform his duties. +4. CBUA may, based on the audit result, assign experts, consultants, Actuaries or Auditors +to audit/check the Company's operations, evaluate its positions and submit a report +thereon. The Company shall cooperate with them in a manner that enables them to fully +perform their duties. The company shall bear their remunerations, as determined the +CBUAE for any one of them. +5. The expert, consultant, Actuary or Auditor may not disclose to any third party +whatsoever any information concluded under Clause (4) above without obtaining the +CBUAE's written approval, except fo r the disclosure that is based on a court order. + + + + +Federa l Decree Law of 2023 Regulating Insurance Activities 20 + " +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (29) + Financial Reports +1. The Company shall provide the CBUAE with a detailed annual report on its operations +signed by the board chairman, the Authorized Manager or authorized signatories of the +Com pany, including the annual financial statements, financial reports reflecting detailed +profits and losses of the type of insurance carried out by the Company and each branch +thereof and the Auditor's report, within a period not exceeding (3) three months f rom +the end of the fiscal year. the CBUAE shall be delivered a copy of the report, at least (15) +fifteen business days before inviting to the general meeting. +2. The Company shall present the financial accounts and statements referred to in Clause +(1) above o nly after obtaining the CBUAE's approval. +3. The board chairman or Director General shall promptly notify the CBUAE if the +Company is exposed to serious financial or administrative situations compromising +rights of the Insured or Beneficiaries. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (30) + Insurance Policy Forms +1. The Company shall provide the CBUAE with forms of the Insurance Policies and their +approved annexes, including the general and special terms and conditions, the technical +grounds of such policies and the Premiums rates annexed thereto, and shall provide the +CBUAE with schedules of the redemption values of life Insurance Policies and funds +accumulation operations and the premiums rates annexed thereto. +2. Where the public interest requires or in case of imperf ection that may compromise the +interests of Policyholders, the CBUAE may request the Company to introduce an +amendment to the forms of Insurance Policies and their approved annexes, within the +Federa l Decree Law of 2023 Regulating Insurance Activities 21 + period determined the CBUAE for such purpose. +3. The Company shall provide the Insured and the Beneficiaries with copies of the +Insurance Policies and the annexes thereof after the amendment is introduced, within +the time limit set the CBUAE. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (31) + Disclosure and Transparency +The Companies shall comply with the principles of disclosure and transparency while dealing +with the Insured and the Beneficiaries and in all policies, documents, leaflets, advertisements, +publicity, articles and scientific materials issued by them, which are regulated by a resolution +by th e Board. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (32) +Auditor +1. The Company's Auditor shall submit a prompt report to the CBUAE, with a copy thereof +to the Company's board chairman in any of the following cases: +a. If they found out that the financial position of the Company does not enable it to +fulfill its obligations vis -a-vis the Insured or Beneficiaries or hinders its capacity to +fulfil the financial requirements set forth in this Decree -Law and the resolutions, +regulations, statutes and instructions issued thereunder related to t he financial +position of the Company; +b. If they found out that there is grief imperfection in the Company's performance of its +financial procedures, including entering data in its accounting records, and the +existence of material deficiencies in the internal controls that could pose a threat to +its financial position and stability; +Federa l Decree Law of 2023 Regulating Insurance Activities 22 + c. If they refuse or have reservations in respect of any certificate or statement issued by +the Company related to its income or financial statements; +d. If they fail to express their op inion on the Company's financial statements due to +material misrepresentations or fraud; +e. If they find out that the Company does not comply with the laws, resolutions, +regulations, statutes and instructions related to the Company's financial statements; +and +f. If they decide to resign or their reappointment to the Company is rejected. +2. the CBUAE may request the Auditor to furnish it directly, within a specific period, with +the information needed to monitor the Company's operations. +3. When the Audito r recommends that the financial statements filed thereto by the board +of directors be rejected, the Company's general meeting shall decide the following: +a. To return the financial statements to the Company's board of directors and ask the +latter to correct t he statements according to the Auditor's observations and are +deemed approved after the observations are corrected. +b. To refer the subject to the CBUAE to appoint a committee of expert Auditors and fix +their remunerations to be charged by the Company to adju dicate the subject matter +of the dispute between the Company's board of directors and its Auditor. Having +been presented again to, and approved by the general meeting, the Committee's +decision shall be binding and the financial statements shall be adjusted as per the +committee's decision. + + + + + +Federa l Decree Law of 2023 Regulating Insurance Activities 23 + Chapter Seven + Measures, Sanctions and Grievance +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (33) +Measure and Sanctions +1. the CBUAE may conduct regular inspection of the Companies to ensure the soundness of +their financial positions and their compliance with the provisions of this Decree -Law and +the technical bases of carrying out insurance and reinsurance operations. To that end, +the CBUAE may verify that the Company complies with the following: +a. Its fulfillment of its obligations and that the CBUAE shall not be held liable for its +failure to do so or its inability to continue in business; +b. The Company does not commit any violation of the provisions of this Decree -Law or +the resolutions, regulations, statutes or instructions issued in pursuance t hereof; +c. The adequacy of measures taken by the Company on the reinsurance of risks +assumed by the same; +d. Compliance with the license conditions necessary to engage in insurance business; +e. The Company's total losses shall not exceed (50%) fifty percent of its paid -up capital; +and +f. It shall not cease to conduct its business without legitimate justification. +2. Where the Company fails to comply with any provisions of Clause (1) above, the CBUAE +may impose whatever measures or sanctions it deems appropriate, and i t may impose +one or more of the following actions: +a. Serving a notice describing the nature of violation, procedures for remedying it and a +mechanism for regularization. +b. Requesting the Company or the headquarters of a foreign insurance company, as the +case m ay be, to take the necessary measures to regularize the administrative +Federa l Decree Law of 2023 Regulating Insurance Activities 24 + situations therein, including deposing the Company's Director General, Authorized +Manager or any Senior Employee thereof. +c. Deposing the Company's chairman and any board member proved to be responsible +for the current status of the Company. +d. Forming a neutral committee of experts to replace the Company's board of directors +for a period not exceeding (6) six months, renewable for similar period(s), if +necessary, and in all cases th e total periods may not exceed (24) twenty four months, +defining its functions and appointing its members, chairman and vice -chairman. The +Company shall bear the committee's fees, as determined the CBUAE. The procedures +for electing and forming a new board of directors shall be proceeded pursuant to the +provisions of Federal Decree -Law No. (32) of 2021, referred to hereinabove, at least +(30) thirty days before the expiry of the committee's work. +e. Taking the necessary actions to merge the Company into another Company, subject +to the approval of the Company into which it will be merged. +f. Preventing the Company from concluding new Insurance Contracts or preventing it +from carrying out one or more type of insurance. +g. Setting out a threshold limit for the total amou nts of Premiums that the Company +receives from the Insurance Policies issued by the same. +h. Maintaining assets in the State equivalent in value to all net obligations arising from +its business in the State, or a certain percentage of its value determined the CBUAE. +i. Restricting the Company's engagement in any of its investment activities related to +the Solvency Margin ratio, or obliging it to liquidate its investments in any of such +activities for such purpose, unless the same would cause harm to the Company, as +determined by the specialized expert. +j. Appointing an independent supervisory member from outside the CBUAE to attend +the Company's board meetings and participate in discussions, without having a vote, +Federa l Decree Law of 2023 Regulating Insurance Activities 25 + during decision -making, and the Board shall determine his functions and fees. +k. Suspension of the Company's license. +l. Revocation of the Company's license. +m. Restructuring of the Company. +n. Liquidation of the Company. +o. Imposing a fine on the Company not exceeding (AED 100,000,000) one hundred +million dirhams. +3. The provisions of Clauses (1) and (2) above shall apply to the Insurance -Related +Professionals, as commensurate with the nature of their professions. +4. The measures set out in Clause (2) above shall be imposed by virtue of a resolution of +the Govern or, other than the measures referred to in Paragraphs (e), (l), (m) and (n), +which shall be imposed by a resolution of the Board. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (34) + List of Violations and Fines +The Board shall issue a list of violations committed by the Companies and the Ins urance - +Related Professionals, pursuant to the provisions of this Decree -Law and the fines imposed +thereon. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (35) + Filing Grievances Against CBUAE's Decisions +1. A grievance committee shall be established by the CBUAE to consider grievances filed +against decisions, measures and administrative sanctions issued pursuant to the +provisions of this Decree -Law. The Board shall issue the necessary decisions on the +formation of the committee, rules of procedure, remunerations of its members, experts +Federa l Decree Law of 2023 Regulating Insurance Activities 26 + to be engaged and all matters related thereto. +2. Save as regulatory and supervisory policies, resolutions, regulations, directives and +instructions. The committee referred to in Clause (1) above shall decide on grievances +against the CBUAE's decisions, pursuant to the provisions of this Decree -Law and the +resolutions issued in pursuance thereof. +3. A grievance against a the CBUAE's decision shall be made within (20) twenty business +days from the date of notification of the decision in accordance with the mechanism +determined by the Board. The committee shall not accept grievances submitted after this +time limit. +4. Decisions falling within the competence of the Committee, pursuant to the provisions of +this Article, may not be challenged before courts before a grievance ag ainst them is filed +and decided. +5. No grievance may be filed before the committee set out in Clause (1) above against +decisions issued the CBUAE, pursuant to the provisions of Clause (2) of article (41) +hereunder. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (36) +Inspection +1. the CBUAE may assign any of its employees or any other licensed or authorized Person +to inspect the Company or any other Company owned by such Company or is affiliated +thereto, in order to ensure the soundness of its financial position and its compliance with +the provis ions of this Decree -Law and the resolutions, regulations, statutes and +instructions issued in pursuance thereof, as well as other laws and regulations in force in +the State. +2. the CBUAE shall coordinate with the relevant regulatory authority in case of the +inspection of Companies owned by the Insurance and Reinsurance Companies, +Federa l Decree Law of 2023 Regulating Insurance Activities 27 + Insurance -Related Professionals or associated Companies, which are governed by the +regulatory authorities. +3. the CBUAE may, in coordination with the relevant authorities in the State, i nspect +premises of any Person suspected to engage in any insurance and reinsurance business +or the Insurance -Related Professions. To that end, the CBUAE may obligate the +suspected Person to provide all information, documents and records related thereto and +to seize them. +4. The Companies and the Insurance -Related Professionals and companies owned by and +affiliated to the same shall provide the inspector with whatever data, information, +records, books, accounts and documents related to the subject of the inspec tion on the +dates specified by him. +5. The inspector may collect the necessary information and clarifications from any Person +with whom the Company or the owner of the Insurance -Related Profession has a +relationship with regard to the subject of the inspectio n. +6. The inspector may summon any Person at the time and place specified by them to +provide information, data, documents or records related to the inspection. +7. the CBUAE may assign one of its employees or a specialized expert to guide the +Company and the Insurance -Related Profession or supervise some operations within a +specific period determined the CBUAE. If the expert is from outside the CBUAE, the +Company and the Insurance -Related Profession shall pay his fees determined as +determined the CBUAE. +8. The Co mpany and the Insurance -Related Profession shall bear all expenses of inspection +and investigation that another person is assigned to carry out, pursuant to the provisions +of Clause (1) above, if it is proved that it violates the provisions of this Decree -Law and +the statutes and resolutions issued in pursuance thereof. + +Federa l Decree Law of 2023 Regulating Insurance Activities 28 + " +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (37) +Facilitation of Inspection +The Companies and Insurance -Related Professionals or any of their managers or employees +may not: +1. Prevent, obstruct, or hinder any employee or any o ther Person assigned the CBUAE from +carrying out inspection or audit under the provisions of this Decree -Law; +2. Conceal any data, records or books requested the CBUAE or whoever is assigned to carry +out inspection or audit; and +3. Issue any statements or give any inaccurate or misleading data, records or books. + +Chapter Eight + Funds of Insurance Companies +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (38) + Bank Deposit Amount +Every Insurance Company shall make a cash deposit in a bank operating in the State, as a +security for implementing its obligations set forth in this Decree -Law, the amount of which +shall be determined as follows: +1. (AED 4,000,000) four million dirhams for person and fund accumulation insurance +referred to in Clause (1) of article (4) above. +2. (AED 6,000,000) six million dirhams for property and liability insurance referred to in +Clause (2) of article (4) above. +By virtue of a resolution of the Board, the amount of the deposit referred to in Clauses (1) and +(2) above may be increased. The deposit shall be made to the order of the Governor. + + +Federa l Decree Law of 2023 Regulating Insurance Activities 29 + " +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (39) +Disposition of the Bank Deposit +The deposit may only be disposed of for the payment of debts arising from insurance +operations carried out by the Company; provided that a prior written authorization of the +Governor or his representative is obtained. +If the value of the deposit diminishes below the prescribed limit if it is disposed of, the +Company shall replenish the deposit amount within a period not exceeding (30) thirty days +from the date of the CBUAE's request to replenish the deposit amount. +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (40) + Mathematical Reserve of the Company +The Company that carries out the type of insurance referred to in Clause (1) of article (4) +above must keep in the State funds whose value is at least equivalent to the full amount of +the mathematical reserve of contracts concluded in the State or implemented therein. The +Board may reduce the percentage of reserve the Company is required to keep. +Such funds must be completely separated from the fun ds of other insurance operations. +When calculating the aforementioned reserve, the deposit referred to in Clause (1) of Article +(38) above shall be taken into account, so that whichever value is greater shall be applicable. + +Chapter Nine + License +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (41) +Approval and License +1. No Company may be incorporated in the State, and no branch of a foreign Insurance +Company may be opened and no new branch may be added without the approval of the +CBUAE. +Federa l Decree Law of 2023 Regulating Insurance Activities 30 + 2. No Person may engage in insurance business without having the relevant license issued +the CBUAE, which may, as it deems appropriate for the need of the national economy, +approve or reject the issuance of the license, and in case of rejection, the CBUAE shall be +reasoned. +3. The Board shall revoke the license if it has been issued based on false information. +4. No unlicensed Company may issue the Insurance Policy. Any Insurance Policy +concluded by an unlicensed Company shall be null and void, and a bona fide affected +party may claim compensation. +5. The Board shall s et the controls and requirements necessary for implementing the +provisions of Clauses (1) and (2) above. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (42) + Reinsurance Controls +The Company may not reinsure with another Company unless the other Company is licensed +to carry out the insurance type entrusted to reinsure it according to the regulations issued by +the Board. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (43) +Fiscal Year +The fiscal year of the Company shall commence on 1st January and end on 31st December +every year. However, the first fiscal year shall commence from the date of its registration in +the Commercial Register and end on 31st December of the following year. + + + +Federa l Decree Law of 2023 Regulating Insurance Activities 31 + Chapter Ten +Suspension and Revocation of the Company's License +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (44) +Cases of the Company's Suspension +The Governor may suspend the Company from carrying out one or more types of insurance +for a period not exceeding one year, while informing both the Company and the relevant +authority of the suspension decision, in any of the following cases: +1. In case the Company violates th e provisions of this Decree -Law or the resolutions, +regulations, statutes or instructions issued thereunder; +2. In case the Company lacks of any of the conditions required to be fulfilled in the license +under the provisions of this Decree -Law; +3. In case the Company fails to engage in business by carrying out any type of insurance +covered by the license, or ceases to engage in such business for of one year; +4. In case the Company is unable to fulfill its financial obligations; and +5. In case the Company refrains fro m implementing a final court judgement related to the +Insurance Policy; +The Company that has been suspended from carrying out one or more types of insurance shall +implement its obligations that had been arisen before the suspension decision is issued. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (45) +Removal of Suspension or License Revocation Reason +1. If the Company removes, within a period not exceeding one year from the date on which +the suspension decision is issued, the suspension reason, the Governor shall issue a +decision approving it to continue in insurance business, and the CBUAE shall inform the +relevant authority and the Company of the decision. +Federa l Decree Law of 2023 Regulating Insurance Activities 32 + 2. In the event that the time limit referred to in Clause (1) above expires and the Company +fails to remove the suspension reason, the Board shall delicense the type of insurance +subject of the suspension, and the CBUAE shall so inform the company and the relevant +authorities. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (46) +Impacts of Suspension or Revocation of the License +1. The procedures related to the suspension of business or revocation of the license for one +or more types of insurances under the decisions issued by the Board in this regard. +2. The issuance of a decision to suspend the business or revoke the license for one or more +types of insurance shall: +a. Prohibit th e conclusion of Insurance Policies for one or more types of insurance +subject of suspension or Revocation; and +b. Consider all rights and obligations arising from Insurance Policies concluded before +the suspension of business or revocation of the license effective and the Company +shall be liable for the same. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (47) +Relicensing the Company +If the license revocation reason is removed, the Company may, within a period not exceeding +one year from the date on which the revocation decision is issued, submit an application to +the CBUAE for licensing, accompanied by the documents proving the removal of the license +revocation reason. The Board may issue its decision on approval or rejection, provided that +the decision is reasoned, and the CBUAE shall inform the Company and the relevant +authorities of the decision. +Federa l Decree Law of 2023 Regulating Insurance Activities 33 + " +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (48) + Rejection of Relicensing Application +1. Where the Board rejects the relicensing application for all types of insurance, or if the +Company fails to submit a rel icensing application, within the time limit referred to in +article (47) above, the Company shall go into liquidation within a period not exceeding +one month from the date of expiry of such period or from the date of being notified of +the rejection decision . If the Company fails to go into liquidation, it shall be liquidated in +accordance with the provisions of this Decree -Law. +2. The Company shall be delicensed if a liquidation decision is issued against pursuant to +the provisions of this Decree -Law, a final court judgement of its liquidation is rendered +or is declared bankrupt under the legislation in force in this regard. + +Chapter Eleven +Foreign Insurance Companies and Representation Offices of Foreign +Insurance Companies +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (49) + Branch of Foreign Insurance Company +1. A foreign Insurance Company's branch shall appoint a manager to manage the branch, +who is authorized by a document attested by the relevant authorities to exercise all the +powers necessary to manage such br anch, including: +a. Issuing Insurance Policies and annexes thereof and paying the compensations arising +therefrom; +b. Representing the Company's branch before the CBUAE, competent court and other +relevant authorities; and +c. Receiving communications, notices and all correspondence served to the Company. +Federa l Decree Law of 2023 Regulating Insurance Activities 34 + 2. Before the engagement in Insurance Business, a foreign Insurance Company's branch +shall submit an application to the CBUAE for licensing the branch; provided that the +manager's appointment decision and the document referred to in Clause (1) above shall +be attached to the application. +3. The foreign Insurance Company's branch shall notify the CBUAE of the Authorized +Manager's name within one month from his appointment date, and shall appoint a +substitute within one mont h from the date on which position becomes vacant. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (50) + Bank Guarantee +The foreign Insurance Company's branch shall submit an irrevocable letter of bank guarantee +in favor of the CBUAE, in an amount not less than (AED 100,000,000) one hundred mil lion +dirhams in case of engagement in insurance activity, and an amount not less than (AED +250,000,000) two hundred fifty million dirhams in case of engagement in reinsurance +activity, in accordance with the instructions issued by the Board in this regard. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (51) +Final Account +The Foreign Insurance Company's branch shall provide the CBUAE with the total final +account, and shall publish it in two local daily newspapers, one of which is published in +Arabic. + + + + +Federa l Decree Law of 2023 Regulating Insurance Activities 35 + " +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (52) +Representation Offices of Foreign Insurance Companies +1. Representation offices of foreign Insurance Companies may not carry out their activities +related to insurance in the State before obtaining the relevant license from the CBUAE. +2. the CBUAE shall issue a r esolution regulating the functions of such offices. +3. The license shall be either accepted or rejected by virtue of a resolution of the Board, and +the CBUAE shall so notify the relevant authorities. + +Chapter Twelve + Insurance Companies of Persons and Fund A ccumulation Operations +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (53) + Policies Issued by Insurance Companies +The Companies engaged in insurance business for persons and fund accumulation operations +may not distinguish between the policies issued of the same type; in terms of insurance rat es, +the amount of profits distributed to policyholders or other requirements, unless such +distinguishment is generated from a difference in life chances for policies where the lifetime +has an effect, except for: +1. Reinsurance policies; +2. Insurance Policies of amounts that enjoy certain discounts according to the price lists +communicated to the CBUAE; and +3. Insurance Policies that include special conditions on the life of members of a single +family or a group of individuals related by a single professi on/job or any other social +bond. + + +Federa l Decree Law of 2023 Regulating Insurance Activities 36 + " +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (54) + Insurance Policy Rate Discount +Based on the Company's request, the CBUAE may agree to issue policies at discounts less the +normal prices if there are reasons that justify the same. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (55) +Assessment of Value of Liabilities +The Companies that engage in the insurance of persons and fund accumulation operations +shall examine the financial position of this type and assess the value of its obligations at least +once every (3) three years by an Actuary, as of the date of its engagement in business. +This assessment shall cover all insurance operations concluded by the Company inside and +outside the State separately. If the activity is carried out by a branch of a foreign Company, the +assessment sh all be limited to the operations whose contracts were concluded in the State or +carried out therein. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (56) + Examination of Financial Position +The assessment referred to in article (55) above shall be made whenever the Company is +desirous to examin e its financial position to determine the percentages of profits to be +distributed to shareholders or policyholders, or whenever it is desirous to announce this +position. +the CBUAE may request that this assessment be made at any time before (3) three years ; +provided that a period of not less than one year has elapsed from the date of the last +examination. + +Federa l Decree Law of 2023 Regulating Insurance Activities 37 + " +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (57) + Data of the Actuary's Report +The financial instructions of Insurance Companies issued by the Board, pursuant to this +Decree -Law, shall set the data required to be included in the Actuary's report on the result of +the assessment and examination referred to in Articles (55) and (56) above. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (58) +Attachments of the Actuary's Report +The Company shall send to the CBUAE a copy of the Actuary's report on the result of the +examination and assessment referred to in Articles (55) and (56) above, within six months +from the expiry of the period for which the examination was conducted, accompanied by the +following: +1. A statement of effective In surance Policies concluded by the Company inside or outside +the State on the date of conducting the examination. If the activity is carried out by a +branch of a foreign Company, the statement shall be limited to the policies concluded or +carried out in the State. +2. An acknowledgment by persons in charge of the Company's management that all data +and information necessary to draw up a correct report have been placed at the disposal +of the Actuary. +Following the expiry of the six -month period, as referred to in this Article, an additional period +may be given to the Company to submit this report; provided that this period does not exceed +three months. + + + +Federa l Decree Law of 2023 Regulating Insurance Activities 38 + " +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (59) +Reexamination of Financial Position +If it becomes clear to the CBUAE that the Actuar y's report does not reflect the true financial +position of the Company, the CBUAE may request a reexamination at the Company's expense +by an Actuary selected the CBUAE for this purpose. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (60) +Distributable Funds +1. Companies that engage in the insur ance of persons and fund accumulation may not +deduct, whether directly or indirectly, any part of their funds corresponding to their +obligations arising from the Insurance Policies to distribute it as a profit to shareholders +or Policyholders, or to pay an y amount beyond their obligations under the Insurance +Policies issued by the same. The distribution of profits shall be limited to the amount of +money in excess, as determined by the Actuary in their report, after conducting the +examination referred to in article (57) above. +2. For the purpose of applying the provisions of this Article, the Company's funds in the +State and abroad may be considered as one unit, without prejudice to the provisions of +article (23) above. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (61) +Savings Bonds +The Companies that engage in the insurance of Persons and fund accumulation may not issue +savings bonds for a period exceeding (30) years. If the duration of a bond is (25) years or more, +the value of its redemption after year (25) twenty fifth may not be less than the amount of the +full mathematical reserve. The Premiums to which savings bond holders are committed must +Federa l Decree Law of 2023 Regulating Insurance Activities 39 + be of equal or eroded value. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (62) + Data of Savings Bonds +Savings bonds shall provide for the termination conditions that the Company invokes vis -à- +vis a bondholder due to their delay in paying the Premiums. +However, the contract may be terminated before (3) three months from the due date of the +Premium and the bondholder failed to pay the premium if the bond is nominal, such per iod +shall apply from the date of notifying the bondholder under a registered letter. +Such bonds shall provide for the devolution of right thereto to the Beneficiaries due to the +bondholder's death, without imposing additional amounts or new requirements. +the CBUAE shall determine other data that must be included in the savings bonds. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (63) +Assessment of Insurance Policy Value +In the event of the bankruptcy or liquidation of the Company engaged in the insurance of +person or fund accumulation, the a mounts due to each holder of a policy not yet expired shall +be assessed as equal to its mathematical reserve on the day on which the liquidation decision +is issued or the bankruptcy declaration is ruled, calculated on the basis of the technical rules +for d efining Premiums at the time of concluding the policy. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (64) + Insurance Companies Operating in Financial Free Zones +Insurance Companies licensed to operate in the Financial Free Zones may not carry out any +activity, other than the reinsurance, outside such zones in the State, +Federa l Decree Law of 2023 Regulating Insurance Activities 40 + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (65) + Insurance -Related Professions +No Person may practice as an Insurance Agent, Insurance Broker, Surveyor and Loss Adjuster, +Insurance Consultant, Actuary, health insurance claims manager or any other professions +related to insurance without having the license or permit to practice the profession and being +registered in the register designated for such purpose, and in accordance with the conditions +determined by the Board, which include determinin g the liability of Insurance -Related +Professionals and organizing their business and the conditions of their registration in the +register. + +Chapter Thirteen + Transfer of Insurance Policies and Cessation of Operations +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (66) +Transfer of Insurance Po licies from Company to Company +The Company may transfer the Insurance Policies it has concluded in the State, including the +rights and obligations related to any type of insurance carried out by the Company, to another +Company or Companies that carries out the same type of insurance. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (67) +Insurance Transfer Application +1. The transfer application shall be submitted to the CBUAE, accompanied by the +documents related to the transfer agreement, and the transfer application shall be +published in two local daily newspapers, one of which is published in Arabic, at the +expense of the transfer applicant, or as per the mechanism determined the CBUAE; +Federa l Decree Law of 2023 Regulating Insurance Activities 41 + provided that the announcement shall refer to the right of policyholders, the +Beneficiaries or any interest ed party to file any objection to the CBUAE to such transfer, +within (10) business days from the date of the announcement; provided that the subject +of their objection and the grounds thereof are determined. +2. the CBUAE shall issue its approval of the transf er if no interested party objects thereto +within the period referred to in Clause (1) above. The decision shall be published in the +Official Gazette within one month from the date of its issuance, and it may be invoked +vis-à-vis the Insured, the Beneficiar ies and the Company's creditors, and the funds shall +be transferred to the Company to which the policies have been transferred, subject to +the provisions relating to the transfer of ownership and assignment of funds; provided +that the transferred funds are exempted from the registration fees under the provisions +relating to the transfer of ownership and assignment of funds. +3. If an objection is submitted within the period referred to in Clause (1) above, the TIPS +application shall be decided on only after an agreement is reached between the +interested parties or a final judgement is rendered on such objection. However, the +CBUAE may issue a decision approving the transfer; provided that a guarantee is +submitted by the Company to the CBUAE equivalent t o its obligations vis -a-vis the +objector, including the expenses that may be incurred for retaining any of the Company's +assets. +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (68) +Cessation of Insurance Operations +The provisions of Articles (66) and (67) above shall be applicable if any Compa ny is desirous +to cease the engagement in one or more types of insurance, or is desirous to free up its funds +required to be exist in the State for such type or types, after the Company provides a proof +that it has fulfilled its obligations for all policie s concluded within the State or carried out +therein, pertaining to such type or types regarding which it decided to cease its operations. +Federa l Decree Law of 2023 Regulating Insurance Activities 42 + Chapter Fourteen +Takaful Insurance Company +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (69) + Takaful Insurance Business +1. The provisions of this Decree -Law and the resolutions, regulations, statutes and +instructions issued thereunder shall apply to Takaful Insurance Companies, in so far as +they do not contradict the nature of its business, and they may not engage in insurance +business in such a man ner that violates the provisions and principles of the Islamic +Sharia, which must be reflected in its memorandum of association and articles of +association. +2. The Board shall issue a regulation setting out aspects of activities and the rules and +standards of the Takaful Insurance Company's business in a manner that is appropriate +with the nature of the license granted thereto. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (70) +Takaful Insurance Fund +Takaful Insurance Company shall establish a fund that has an independent legal personality, +in accordance with the controls and procedures identified under a resolution by the Board, +which shall report to the CBUAE, in which contribution amounts and their investment returns +are deposited, in addition to the Takaful reinsurance contri butions or the equivalent thereof +and their revenues. The fund shall bear all expenses and costs of insurance operations, and +shall be liable for the compensation under the provisions of Takaful Insurance Policies. + + + +Federa l Decree Law of 2023 Regulating Insurance Activities 43 + " +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (71) +Higher Sharia Board +1. The S upreme Sharia Board shall set the Sharia rules, standards and principles for Takaful +Insurance Companies business, and shall control and supervise of internal Sharia +supervisory committees referred to in article (72) hereunder. +2. Takaful Insurance Companies shall bear the expenses of the Higher Sharia Authority, +including the allocations, remunerations and expenses of its members, pursuant to the +articles of association of the Supreme Sharia Board. +3. Takaful Insurance Companies and the internal Sharia superviso ry committees shall +comply with fatwas and opinions issued by the Higher Sharia Authority. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (72) +Internal Sharia Supervisory Committee +1. An independent internal Sharia supervisory committee shall be formed in every Takaful +Insurance Company called ""the Internal Sharia Supervisory Committee"", comprising +experts and specialists in Islamic financial transactions jurisprudence. Such committee +shall supervise and approve all business, activities, products, services, contracts, +documents, and chart ers of the Company's business, and shall set the necessary Sharia +controls for the same under rules, principles and standards set by the Supreme Sharia +Authority, in order to ensure their compliance with the provisions of the Islamic Sharia. +Fatwas or opin ions issued by the committee shall be binding on the Company. +2. The general meeting of the Takaful Insurance Company shall be authorized to appoint +members of the internal Sharia Supervisory Committee, pursuant to provisions of +Decree Law No. (32) of 2021, r eferred to hereinabove, and the names of the members of +the Internal Sharia Supervisory Committee shall be presented to the Supreme Sharia +Federa l Decree Law of 2023 Regulating Insurance Activities 44 + Board to approve the same before being presented to the general meeting and a decision +is issued approving the appoin tment. +3. Members of the Internal Sharia Supervisory Committee may not occupy any executive +position in a Takaful Insurance Company, provide it services beyond the scope of the +Committee's work, act as shareholders in it or have or their relatives up to the s econd +degree have any interests related thereto. +4. Should a dispute is raised over a Sharia opinion between members of the Internal Sharia +Supervisory Committee, or there is a disagreement regarding a Sharia matter between +the Internal Sharia Supervisory Com mittee and the Company's board of directors in +question, the matter shall be referred to the Supreme Sharia Board, whose opinion shall +be final in this regard. +5. An internal department shall be established in every Takaful Insurance Company for the +internal Sharia supervision and to monitor the Company's compliance with fatwas and +opinions of the Internal Sharia Supervisory Committee. This department shall report +directly to the Company's Board of Directors, and its employees shall have no powers or +executive responsibilities vis -a-vis the business, activities and contracts reviewed or +supervised by them from a Sharia viewpoint. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (73) +Report of Internal Sharia Supervisory Committee +1. The Internal Sharia Supervisory Committee shall draw up an annual report, as per the +form determined by the Supreme Sharia Authority, showing whether Takaful Insurance +Company's management complies with the application of the provisions of Islamic +Sharia in the business and activities it engages in, products provi ded and contracts +concluded by it, and documents used by it. +2. The Internal Sharia Supervisory Committee's report shall be submitted to the Supreme +Federa l Decree Law of 2023 Regulating Insurance Activities 45 + Sharia Authority for approval before being presented to the general meeting. + +Chapter Fifteen +Provisions of Control, Ownership and Merger of the Company +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (74) +Controlling Stakes +1. No Person may, whether solely or jointly with related parties, own a controlling stake or +increase the controlling stake in the Company or exercise powers rendering him as the +owner of a controlling stake, without obtaining the approval of the CBUAE. +2. If it is established that a Person has violated the provision of Clause (1) above, the +CBUAE may impose one or more of the following measures: +a. Serving a violati on notice and giving the violator a time limit for regularization, in +accordance with the mechanism determined the CBUAE; +b. Depriving the violator of profits or benefits, in so far the violation is committed; +c. Preventing the violator from voting in the Compan y's general meeting or running for +membership of the Company's board of directors until the regularization is made or +the implementation of the procedure determined the CBUAE; +d. Suspending or revoking the violator's membership if he is a member of the +Compan y's board of directors; +e. Preventing the violator from disposing of the percentage that exceeds the controlling +stake without obtaining the prior written approval of the CBUAE; and +f. Any other measures decided by the Board. +3. The Board shall issue the regulations and instructions pertaining to determining parties +related to ownership percentages in the Companies' capitals and restrictions to shares +and cases of control, pursuant to the provisions of Federal Decree -Law No. (32) of 2021, +Federa l Decree Law of 2023 Regulating Insurance Activities 46 + referred to herei nabove, or any other superseding law. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (75) + Ownership of Insurance Company's Shares +An Insurance Company may, whether directly or jointly with associated Persons, own shares +of another Insurance Company or bonds convertible to shares only in acco rdance with the +controls and instructions issued by the Board in this regard. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (76) + Controls of Merger and Acquisition +1. A Company may merge with, or acquire any other Company, regardless of its activity, +and may transfer any part of its obligations to another Person only after obtaining the +prior approval of the CBUAE. +2. Subject to the legislation in force in the State on merger and acquisition, the Board may +issue the regulations, statutes, instructions and rules related to merger and acqu isition. + +Chapter Sixteen +Unbalanced Financial Position +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (77) +Restructuring +1. The Board shall set a framework for restructuring and liquidating the Companies, +including the controls, conditions and rules in this regard to reduce the impacts that may +be caused from the imbalance in its financial position. +2. the CBUAE may request the relevant authorities in the State to temporarily impound the +Company that suffers from an imbalance in its financial position and seize on its assets, +Federa l Decree Law of 2023 Regulating Insurance Activities 47 + property and r ights of its shareholders, issue a decision requesting the competent court +to liquidate or dissolve the Company in question and develop a plan to liquidate or +transfer its assets, liabilities, settlements and clearances, as the CBUAE deems +appropriate, and implement or supervise the implementation of the liquidation plan, +take a decision on the restructuring or submit a request for a bankruptcy declaration to +the competent court, pursuant to the legislation in force in this regard. +3. the CBUAE may coordinate with the relevant authorities of the State before the Board +issues any decisions in accordance with the provisions of this Article, whenever it deems +necessary. the CBUAE may request the competent judicial authorities to take +precautionary and e xpeditious measures and procedures and any other measures that +would protect policyholders, creditors, shareholders and their interests, or as dictated by +the public interest. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (78) + Restructuring Committee +1. For the purposes of restructuring the Com pany pursuant to the provisions of Paragraph +(m), Clause (2) of article (33) above, the Board may issue a decision dissolving the +Company's board of directors and forming a neutral committee to restructure the +company in accordance with Paragraph (d), Clau se (2) of article (33) above. The +committee shall submit a monthly report, or whenever so requested, to the CBUAE on +the progress of the restructuring procedures. +2. For such purpose, the restructuring includes managing the Company and organizing its +distress ed financial affairs by negotiating with all its creditors for determining the +Company's debts and how to be repaid by adopting a plan for the restructuring. +3. The committee referred to in Clause (1) above shall publish an announcement in The +Official Gazett e for (3) three consecutive business days in two local daily newspapers, +Federa l Decree Law of 2023 Regulating Insurance Activities 48 + one of them is published in Arabic, at the expense of the Company, which shall include +an invitation to all creditors to submit statements of the amount of their debts, +supported by d ocuments, within a period not exceeding (30) thirty days from the date of +publishing the last announcement. No statements submitted by any creditor may be +accepted following the lapse of such period. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (79) + Cases of Suspending Attachment or Enforcement Against the Company's +Property +1. Subject to the provisions set forth in any other legislation, the enforcement of any +attachment on the Company's property or assets, whether precautionary or enforcement +attachme nt, or any disposition of, or enforcement created against such property or assets +shall be suspended from the date of issuance of the restructuring decision until any of +the following cases are realized: +a. Expiry of the work period of the committee referred to in Clause (1) of article (78) +above; +b. Issuance of a decision by the Board, pursuant to the provisions of the Decree -Law, +rejecting the restructuring plan; +c. Creditors' rejection of the restructuring plan, pursuant to provisions of this Decree - +Law; and +d. Issuance of a decision by the Board to discontinue the restructuring procedures, +pursuant to the provisions of this Decree -Law. +2. The calculation of the dates for dismissal of a case for the lapse of time shall cease, as +regard to the procedure referred to i n Clause (1) above. + +Federa l Decree Law of 2023 Regulating Insurance Activities 49 + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (80) + Report of the Committee +1. The committee referred to in Clause (1) of article (78) above shall draw up its report on +the restructuring plan within a period not exceeding (15) fifteen days from the date of +consolidation of d ebts and invite creditors to approve the plan under an announcement +to be published in two local daily newspapers, one of which is published in Arabic, +provided that the plan is approved by creditors representing at least three -fourths of +non -preferred deb ts and unsecured by a pledge. +2. In the event that the creditors approve the plan, in accordance with the provisions of +article (a) of this Article, the committee shall submit this plan to the CBUAE and then be +submitted to the CBUAE and then to the Board for approval. +3. In the event that creditors reject the plan prepared in accordance with the provisions of +Clause (1) above, the Committee shall submit a report on the same to the CBUAE, which +shall submit it along with its recommendations to the Board. +4. The Board may take the appropriate decision on the plan submitted in accordance with +the provisions of Clause (1) above. In the event that the Board approves the plan, the +restructuring procedures shall be proceeded with, and in case of rejection, the Board +decides to take the appropriate action, pursuant to the provisions of Clause (2) of Article +(33) of this Decree -Law. +5. After completing the restructuring, a new Board of Directors of the company will be +elected, pursuant to the provisions of the legislation in force in the State. + + + +Federa l Decree Law of 2023 Regulating Insurance Activities 50 + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (81) +Discontinuance of Restructuring Procedures +If the Board finds out that the Company's positions are distressed, despite the application of +the restructuring plan or the futility of this plan, it may decide to discontinue the progress of +the restructuring procedures and take the appropriate action, in accordance with the +provisions of Clause (2) of article (33) above. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (82) +Appointment of Liquidator +1. Notwithstanding the provisions of Federal Decree -Law No. (32) of 2021, referred to +hereinabove, the provisions contained in this Decree -Law and the regulations and +resolutions issued thereunder shall apply to the Company's liquidation. The liquidation +shall be carried out by one or more liquidators appointed by the general meeting under a +special decision. If the liquidation is based on a court judgment, the court shall indicate +the method of liquidation and appointment the liquidator. The liquidator's appointment +decision shall specify his fees and powers, along with obliging him to provide a +guarantee if necessary. If the liquidator's fees are not determined in the appointment +decision, they shall be determined by the competent court. +2. The decision of appointing the liquidator shall be announced by registration in the +Commercial Register, and such announcement shall be published in two local daily +newspapers, one of which is published in Arabic, within a period not exceeding seven (7) +days from the date of the announcement. Such appointment may be in voked vis -à-vis +third parties only from the announcement date. +3. The authority of the Company's board of directors shall end when the Company goes +Federa l Decree Law of 2023 Regulating Insurance Activities 51 + into liquidation. In the course of liquidation, the Company shall retain the legal +personality to the extent ne cessary for the liquidation proceedings. The powers of the +Company's organizational units and affiliates shall be limited to the liquidation +proceedings that do not fall within the powers of liquidators. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (83) + Challenging the Liquidator Appoin tment Decision +1. Any stakeholder may challenge the decision issued by the Company's general meeting +on the liquidator's appointment before the competent court, within (40) forty days from +the date announcing the appointment decision. +2. The challenge referred t o in Clause (1) above may not discontinue the liquidation +proceedings, unless otherwise decided by the court. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (84) +Removal of Liquidator +The liquidator shall be removed based on the appointment method, and any decision or +judgment on the liquidator's appointment shall include the appointment of a replacement. +The liquidator's removal shall be published in two local daily newspapers, one of which is +published in Arabic. Such removal may be invoked vis -à-vis third parties only from the +annou ncement date. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (85) +Implications of Liquidation Decision +The issuance of the liquidation decision shall give rise to the following: +1. The liquidator adds the phrase ""under liquidation"" next to the name of the Company in +Federa l Decree Law of 2023 Regulating Insurance Activities 52 + all its documents and corres pondence; +2. Discontinuation of any authorization or signatory power issued by any entity, and the +liquidator shall be exclusively competent to grant any authorization or signatory power +required by the liquidation proceedings; +3. Discontinuation of the calculation of the lapse of time that leads to the dismissal of the +case with regard to any rights or claims due or existing in favor of the Company for a +period of one year from the date of issuance of the liquidation decision; +4. Discontinuation of cases an d proceedings brought by or against the for a period of six (6) +months, unless the court decides to proceed with such cases before the expiry of the +same, subject to the provisions of Clause (5) of this Article; and +5. Discontinuation of any procedural or exe cutive transactions against the Company, +unless such transactions are based on the request of a pledgee and related to the +pledged property, in such case, such transactions shall be discontinued or their +acceptance shall be prevented for a period of (6) si x months from the date on which the +liquidation decision is issued. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (86) +Decisions and Procedures Necessary for Liquidation +The liquidator may issue whatever decisions he deems appropriate and take whatever actions +he deems necessary to complete the liquidation, including: +1. Managing the Company's business to the extent required by the liquidation; +2. Making a record of all the Company's assets, in agreement with the Company's board of +directors, which is bound to deliver to the liquidator the Company's property, books and +documents; +3. Appointing any experts and specialists to help him to complete the liquidation +procedures, or appointing special committees and delegating them any of the tasks and +Federa l Decree Law of 2023 Regulating Insurance Activities 53 + powers vested in him; and +4. Appointing one or more l awyers to represent the Company under liquidation in any +cases or proceedings related thereto. +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (87) + Protecting the Company's Rights +1. The liquidator may take all actions that he deems necessary to protect the rights of the +Company, including: +a. Revoki ng any disposition or terminating any contract concluded by the Company, or +recovering any amount it has paid during the three months preceding the issuance of +the liquidation decision if its involves giving preference to a certain person over the +Company' s debt. The period shall be one year if the company has an ownership or +association relationship with that person. The preference shall be realized if the +action or procedure is unpaid or partially paid, or if it involves valuing property or +rights less th an its real value or contrary to its value prevailing in the market. +b. Revoking any disposition or terminating any contract concluded by the Company +with any Person who has an ownership or association relationship with it, or recover +any amount paid by the Company to either one, within the (3) months prior to the +issuance of the liquidation decision. +c. Agreeing with any of the Company's debtors on how to pay or pay in installments +any amounts or obligations incurred by them. +d. Terminating the employment of a ny of the Company's employees and paying their +dues. +e. Terminating any contract concluded by the Company with any Person before the +expiry thereof. +2. The liquidator shall take any of the procedures referred to in Clause (1) above by +notifying the Person under a written notice. However, this procedure may be challenged +Federa l Decree Law of 2023 Regulating Insurance Activities 54 + before the competent court, within whose jurisdiction the Company's head office is +located, within (30) days as of the date of notifying such Person. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (88) + Nullity of Pledges and Collaterals +1. All pledges, mortgages and collaterals created over any property or rights of the +Company during the (3) three months preceding the date of the issuance of the +liquidation decision shall be null and void. Such a period shall be one year if the pledges +or collaterals are in favor of a Person who has an ownership with, or is related the +Company. +2. Any decision of attachment at any property or right of the Company before the issuance +of the liquidation decision shall b e null, unless this decision is issued based on a +pledgee's request and is related to the pledged property. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (89) +Person Related to the Company +For the purposes of Articles (87) and (88) above, a person is deemed related to the Company +in any of the following cases: +1. If the Person is a member of the Company's board of directors, a manager at the +Company or has a joint business interest with either one; or +2. If he/she is a spouse of a member of the Company's board of directors or a manager +thereat or has a joint business interest with either one. + + + +Federa l Decree Law of 2023 Regulating Insurance Activities 55 + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (90) +Acts of the Liquidator +Subject to the provisions of the legislation in force in the State, the liquidator may repay the +Company's debts and may sell their property, whether movable or real property, at public +auction or by any other means, unless it stipulated in his appointment document that the sale +must be carried out in a specific way. However, the liquidator may sell the Company's assets +as a whole only by a special decision of the general meeting. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (91) +Notification of Creditors +1. Subject to the provisions relating to the Insured and the Beneficiaries of the Insurance +Policies, the liquidator shall, within (30) days from the date of the issuance of the +liquidation decision, publish a prominent announcement at a prominent place in two +local daily newspapers, one of which is published in Arabic, to notify creditors to submit +their claims against the company, whether payable or unpayable claims, within two +months if they are res idents in the State and three (3) months if they reside abroad. +2. The announcement shall be republished in the same manner promptly after the +expiration of a period of (14) fourteen days from the date of publication of the first +announcement. The statute of limitations for claims shall be calculated from the date of +publication of the first announcement. +3. If the liquidator or the competent court is satisfied that there is a legitimate excuse for a +creditor for his failure to submit his claim within the period referred to in Clause (1) +above, such period may be extended for further (3) three months maximum. +4. The period from the issuance of the liquidation decision to the publication of the +Federa l Decree Law of 2023 Regulating Insurance Activities 56 + announcement referred to in Clause (1) above shall not be calculate d within the period +prescribed for case dismissal on any rights or claims of creditors against the Company +under liquidation. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (92) + Notices Issued by the Liquidator +1. Subject to the provisions of Clause (2) below, the liquidator shall, within three (3) +months from the date of issuance of the liquidation decision, issue the below notices, +unless he finds justifiable reasons to exceed such period; provided that the total period +does not exceed six (6) months: +a. A notice with acknowledgment of receipt to each Insured or Beneficiary of the +Insurance Policy of the amount of their rights and obligations. +b. A notice of claim with acknowledgment of receipt to each debtor of the amount of +his debts and obligations vis -a-vis the Company. +2. An objection to the notice referred to in Clause (1) above may be filed to the liquidator +within (30) days from the date of notification. If no objection is made during such period, +the Insured, Beneficiary debtor shall be considered to have acknowledged the content of +the no tice. +3. The time limit prescribed for hearing a case shall be interrupted under the provisions of +Clause (2) above. +4. If the claim notice issued by the liquidator to a debtor, pursuant to the provisions of +Paragraph (b) of Clause (1), becomes final, the liquid ator may make a settlement with +the debtor or execute the notice against him under the provisions of the legislation in +force in this regard. + +Federa l Decree Law of 2023 Regulating Insurance Activities 57 + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (93) +Decisions Issued by Liquidator +1. The liquidator shall issue his decisions on the claims and objectio ns submitted to him, +pursuant to the provisions of article (92) above, within a period not exceeding (6) six +months from the date of submission. +2. If the liquidator fails to issue his decision within the period referred to in Clause (1) +above, the claims and objections shall be deemed to be rejected de jure. +3. Any stakeholder may challenge the liquidator's decision issued pursuant to the +provisions of Clauses (1) and (2) above before the competent court within whose +jurisdiction the Company's head office is located, within a period of (30) thirty days from +the date of being notified of the decision or from the date of the expiry of the period +referred to in Clause (1) above, whichever is shorter. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (94) +Precautionary Attachment +Notwithstanding the pr ovisions of any other legislation, the liquidator may file a motion to +the competent court to impose a precautionary attachment at any property belonging to the +Company's debtors, may or take any precautionary or expeditious measures against them, +pursuant to the provisions of the legislation in force, taking into account the following: +1. The liquidator shall be exempted from depositing a security such motion; and +2. The liquidator shall have issued a notice of claim to the debtor upon filing the +aforementioned motion, or shall issue it within (8) eight days subsequent to the issuance +of the decision. This notice shall be an alternative to the substantive action required to +be filed pursuant to the provisions of the Federal Civil Procedure Law. +Federa l Decree Law of 2023 Regulating Insurance Activities 58 + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (95) + Instituting a Case Against the Company +1. After the liquidation decision is issued, a creditor, debtor, Insured or Beneficiary may +institute a case against a Company under liquidation only in accordance with the +grounds and procedures referred to in this Decree -Law. +2. Subject to the provisions of Clause (1) of this Article, a Person affected by the liquidator's +actions or procedures may challenge the same before the competent court within whose +jurisdiction the Company's head office is located, pursuant to t he provisions of the +legislation in force in this regard. The court may confirm, nullify or amend such actions +and procedures, and may order the liquidator to take actions he is required to take. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (96) +Repayment of Debts +Debts owed by the Company under liquidation shall be paid according to the following order: +1. Rights of employees and workers payable for the last (4) four months; +2. Liquidator's fees, expenses incurred and the loans he obtained for the purposes of +completing the liquidation; +3. Rights of the Insured and the Beneficiaries of the Insurance Policies, and the liquidator +shall allocate the Company's assets, which represent the technical provisions required to +be retained under the provisions of this Decree -Law, to pay such obligations , and any +amount collected by the Company under the reinsurance arrangements shall constitute +part of the technical provisions; +4. Rights of other creditors, as per the order of priority under the provisions of the +legislation in force in this regard; and +Federa l Decree Law of 2023 Regulating Insurance Activities 59 + 5. Sha reholders' rights. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (97) +Submitting a Provisional Account for Liquidation Proceedings +1. The liquidator shall submit to the general meeting, every (6) six months, a provisional +account for the liquidation proceedings, and shall provide the informati on or data +requested by partners on the liquidation status, and shall complete his mission within +the period specified for the liquidation in his appointment decision. If no period is +specified, each partner may refer the matter to the competent court to d esignate the +liquidation period. +2. The liquidation period may be extended only by a decision of the general meeting after +reviewing a report by the liquidator stating the reasons why he failed to complete the +liquidation on time. If the period of liquidation is specified by the court, it may be +extended only with its permission. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (98) + Final Account of Liquidation Proceedings +1. Upon the completion of liquidation, the liquidator shall submit to the general meeting a +final account on the liquidation proceedings, and such proceedings shall complete upon +the ratification of the final account. +2. The liquidator shall announce the completion of the liquidation by registering the same +in the Commercial Register and publishing it in two local daily newspapers, one of which +is issued in Arabic, and the same may be invoked vis -à-vis third parties only from the +date of this announcement. Upon the completion of the liquidation, the liquidator shall +submit a request for striking the Company off the Comme rcial Register. +Federa l Decree Law of 2023 Regulating Insurance Activities 60 + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (99) +Communication of Notifications and Reports +1. Any notification or decision issued by the liquidator under the provisions of this Decree - +Law shall be communicated to the relevant Person in person or his legal representative, +or may be sent by registered mail with acknowledgment of receipt to his last address +kept with the Company under liquidation. +2. Any notification sent pursuant to this Article shall be deemed to have been duly +delivered to the recipient should such Person refuses to receive it. +3. If the communication is not possible, pursuant to the provisions of Clause (1) above, the +liquidator shall carry out the communication through publication in two local daily +newspapers, one of them is published in Arabic, for at leas t two times, and the relevant +Person shall bear the publication expenses, and this publication shall be considered +notification to him. + +Chapter Seventeen + General Provisions +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (100) + Emirates Insurance Union +1. Pursuant to the provisions of this Decree -Law, a professional union shall be established +called (Emirates Insurance Union), which shall have the legal personality and legal +capacity necessary to carry out all actions and acts that enable it to achieve its objectives. +2. All Companies and Insur ance -Related Professionals shall become a member of the +Emirates Insurance Union, in accordance with the controls and procedures determined +under a resolution by the Board. The Union shall establish committees for various +Federa l Decree Law of 2023 Regulating Insurance Activities 61 + insurance activities practiced by members. +3. the CBUAE shall supervise the business of the Emirates Insurance Union and approve its +articles of association, which define its functions, responsibilities and relationship with +the CBUAE, and shall establish its committees related to various insurance activities, and +the provisions relating to its general meeting, formation of its board of directors and +meetings of each one, fees of membership, annual subscription, rules for practicing the +profession, disciplinary procedures against it s members, and other provisions regulating +its affairs, the Emirates Insurance Federation shall replace all the Emirates Insurance. +4. The Emirates Insurance Association, established under Federal Law No. (6) of 2007, +referred to hereinabove, and all contract s, rights and obligations related to the Emirates +Insurance Association shall be devolved to the Union. +5. The Emirates Insurance Association's staff shall be transferred to the Emirates Insurance +Union, without prejudice to their acquired rights. +6. The legisla tion, policies, statutes and regulations applicable to the Emirates Insurance +Association shall apply to the Emirates Insurance Union, without prejudice to the +provisions of this Decree -Law, unless the superseding ones are issued. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (101) + Claims a nd Settlement of Insurance Claims +1. The Company shall process Insurance Claims in accordance with the provisions of the +Insurance Policies and the legislation in force, by applying the following procedures: +a. Issuing a decision on any Insurance Claim, in accordance with the provisions set out +in the instructions for the rules of professional practice and ethics. +b. In the event that any Insurance Claim is rejected, in whole or in part, the Company +shall clarify the reasons for its decision in writing. +2. If a di spute arises out over an Insurance Claim or if the stakeholder objects to the +Federa l Decree Law of 2023 Regulating Insurance Activities 62 + clarifications provided by the Company, the stakeholder may file a complaint to the +Banking and Insurance Dispute Settlement Unit, established pursuant to article (121) of +Federa l Decree -Law No. (14) of 2018, referred to hereinabove. +3. A complaint shall be filed according to the procedures approved by the Banking and +Insurance Disputes Settlement Unit. +4. One or more committees shall be established in the Banking and Insurance Disputes +Settlement Unit to settle disputes arising from insurance contracts, insurance business +and services. The Board shall issue the necessary decisions determining its competences, +powers, rules of procedure, remunerations of its members and fee collected by it, in +addition to the decisions related to its formation. The committee shall be chaired by a +judge with one or more judges selected the CBUAE as members. +5. The Company may not challenge the decisions of the committee referred to in Clause (4) +above on disp utes whose value does not exceed (AED 50,000) fifty thousand dirhams. +Such decisions shall be final and enforceable immediately upon their issuance. If dispute +value exceeds (AED 50,000) fifty thousand dirhams, the Company may challenge the +committee's dec isions before the Court of Appeal within (30) days, from the date of its +issuance or coming knowledge, otherwise, the challenge shall be inadmissible. +6. Without prejudice to the provisions of Clause (5) above, a stakeholder may challenge the +decisions of the committee referred to in Clause (4) above before the Court of Appeal, +within (30) days from the date of issuance of the decision or coming to knowledge; +otherwise, the challenge shall be inadmissible. +7. Cases arising from insurance contracts , business and services shall be inadmissible if +they are not presented to the committees formed in accordance with the provisions of +Clause (4) above. +8. The committee's decisions shall have the force of a writ of execution, and a challenge +shall stay the ex ecution of a decision on disputes whose value exceeds (AED 50,000) +Federa l Decree Law of 2023 Regulating Insurance Activities 63 + fifty thousand dirhams. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (102) +Confidentiality of Data and Information +1. All data and information related to insurance business and transactions related thereto +shall be of a confidential nature. Insurance Company's employees and Insurance -Related +Professionals and their employees are prohibited from giving and disclosing data and +information of the Insured or Beneficiaries or enable others to access thereto in cases +other than the ones authorized by law. Such prohibition shall remain in place even after +the termination of the relationship between the Company and the Insured or +Beneficiaries for any reason whatsoever. +2. The prohibition referred to in Clause (1) above shall apply t o all entities, Persons and any +Person who ex officio accesses directly or indirectly to data and information. +3. the CBUAE shall set the rules and conditions regulating the exchange of data and +information being the competent regulatory authority in the State. +4. The provisions of Clauses from (1) to (3) shall not violate the following: +a. Competences legally conferred on security and judicial authorities and the CBUAE +and its employees; +b. Duties entrusted to auditors of the relevant establishments; +c. The right of the entities mentioned in this Clause to disclose all or some data of +transactions of their clients necessary under the legislation in force in the State to +prove their rights in a legal dispute that arose between it and its clients in this regard; +and +d. The provisions set forth in the applicable laws and the ratified international +conventions, in addition to the special provisions regulating money laundering and +Federa l Decree Law of 2023 Regulating Insurance Activities 64 + combating the financing of terrorism and illegal organizations. +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (103) + Retention of Data and Information +1. Notwithstanding the provisions of any other legislation, electronic data shall be +probative if it complies with the legislative controls related thereto. +2. The Companies shall keep, for the legally prescribed period, a soft copy of the original +books, records, statements, documents, correspondence, telegrams, notices, and other +papers related to its business, and such electronic copy shall have the probative force of +the original, pursuant to the legislation governing the sa me. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (104) +Intervention in Proceedings and Notification of Investigations +1. Subject to the provisions of the Federal Civil Procedure Law, the CBUAE may request to +intervene in any case filed before judicial authorities to which one of its parties i s a +Company or Insurance -Related Profession. +2. All entities in charge of implementing the provisions of this Decree -Law and other +entities shall notify the CBUAE of any investigations or measures taken against any +Company or Insurance -Related Profession. the CBUAE may provide to such authorities +any clarifications, data or information that it may deem appropriate in this regard. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (105) +Penalty of Engagement in Insurance Business without License +Without prejudice to any severer penalty set forth in any other law, any Person that +breaches the prohibition set forth in Clauses (1), (2) and (4) of article (41) or the provisions +of article (65) above, shall be penalized by imprisonment and/or a fine not less than (AED +Federa l Decree Law of 2023 Regulating Insurance Activities 65 + 1,000,000) one million dirhams. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (106) +Submission of Data and Information by Government Authorities +All government agencies and Companies to which such agencies contribute and which +benefit from insurance business shall submit any data or information related to insurance +operations concluded by the same, as required the CBUAE within the period specified for the +same. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (107) +Cooperation with Local and International Authorities +the CBUAE may cooperate with regulatory authorities in other states to exercise its powe rs set +forth in this Decree -Law over the Companies and the Insurance -Related Professionals abroad, +in accordance with the following controls: +1. Observing the principle of reciprocity; +2. The subject of cooperation must not conflict with exigencies of the public interest and +public order; +3. It must coordinate with the relevant authorities in the State; and +4. It must comply with the provisions of the legislation in force in the State. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (108) Publication of Decisions +the CBUAE shall publish the decisions related to the issuance and suspension of the license or +relicense, or decisions related to the merger, ownership, restructuring, liquidation or +termination of the Companies in the Official Gazette and in two local daily newspapers, one +of which is publis hed in Arabic, at the expense of the Company, and at the CBUAE's website. +Federa l Decree Law of 2023 Regulating Insurance Activities 66 + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (109) +Publication of Draft Regulations and Rules +the CBUAE shall publish draft regulations and rules governing the business of the Companies +and Insurance -Related Companie s under a notice to be served to all relevant agencies to give +an opinion thereon, within the period identified the CBUAE. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (110) +Contribution and Ownership Percentages +1. The Board shall set the terms and conditions for citizens' and foreigners' ownership of +the Company's shares and the percentages of contribution to the capital thereof. +2. The Board shall determine the terms and conditions for citizens' and foreigners' +ownership and the percentages of contribution thereto. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (111) +Capacity of Judicial Officer +the CBUAE's employees identified by a resolution of the Minister of Justice, in coordination +with the Governor, shall have the capacity of judicial officer to detect acts committed in +violation of the provisions of this Decr ee-Law. + + + + + + +Federa l Decree Law of 2023 Regulating Insurance Activities 67 + " +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (112) +Adjustment of Affairs +Any Person that is governed by the provisions of this Decree -Law shall adjust their affairs in +compliance with the provisions of this Decree -Law within a period not exceeding (6) six +months from the effective date thereof, and may be extended for a similar period under a +resolution of the Cabinet, at the proposal of the Board. + +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (113) +Application of the Commercial Companies Law +The provisions of Federal Decree -Law No. (32) of 2021, referred to hereinabove, shall be +applicable to insurance business, in so far as they do not contradict the provisions of this +Decree -Law. +" +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (114) +Repeals +1. Federal Law No. (6) of 2007, Regulating Insurance Business, referred to hereinabove, +and a ny provisions repugnant to, or in conflict with the provisions of this Decree -Law +shall hereby be repealed. +2. The regulations, resolutions and circulars issued pursuant to the provisions of Federal +Law No. (6) of 2007, referred to hereinabove, shall remain e ffective, in so far as they do +not contradict the provisions of this Decree -Law, until the superseding regulations, +resolutions and circulars are issued. + + + + +Federa l Decree Law of 2023 Regulating Insurance Activities 68 + " +finance and banking,Federal Decree-Law No. (48) of 2023 Regulating Insurance Activities,"Article (115) +Publication and Entry into Force of the Decree -Law +This Decree -Law shall be published in the Official Gazette, and shall enter into force after (30) +thirty days from the publication date. + + + + + + + + + + +Mohammed bin Zayed Al Nahyan +President of the United Arab Emirates +Issued by Us at the Presidential Palace +Dated: 17 th Rabi' Al -Awwal 1445 AH, +Corresponding to: 2 nd October 2023 AD + + " +finance and banking,Federal Law No. (6) of 2010 on Credit Information,"Article (1) +For the purposes of applying the provisions of this Law, the following words and phrases shall +have the meanings ascribed thereto hereunder unless the context indicates otherw ise: +State: : The United Arab Emirates . +Central Bank : The Central Bank of the United Arab Emirates . +Credit +Information : The person's financial data, financial obligations, current and previous +payments, financial rights including the revenue, movable and +immovable assets thereof, any banking transactions and other +significant data and information relating to the credit information and +indicating the person's eligibility and creditworthiness submitted by the +information provider and based on which the c redit record is created. +Company : The Company established pursuant to the provisions hereof for the +purpose of carrying out credit information -related activities and +businesses. +Information +provider : Any entity that provides the credit information to the Company and +obtains the same through its usual business activities with any person +in accordance with this law and the executive regulations hereof, +including the Federal and local governmental bodies and institutions, +commercial and investment banks, financial institutions, insurance +companies and the companies established in the State or the free +zones. +Code of +conduct : A set of binding controls applicable to the information provider and the +information report recipient and aim at controlling the process of credit +information request, collection, preservation, analysis, categorization, +use and circulation . +Information +report +recipient : The person entitled to receive a credit information report in accordance +with the provisions of this law and its executive regulations . Federal Law No. (6) of 2010 on Credit Information 3 + Credit record : The record created by the Company and contains all the person's credit +information which is collected from different sources and arranged in +chronological order and based on which the credit information report +is m ade. +Information +report : A report issued by the Company at the request of the information +report recipient and contains the information that indicates the +person's eligibility and creditworthiness. +Creditor +Index : A score -based index issued by the Company based on the credit record +and determining the person's eligibility and potential in the different +credit and financial sectors. +Person : Any natural or legal person on whom credit information may be +provided . + +" +finance and banking,Federal Law No. (6) of 2010 on Credit Information,"Article (2) +Scope of law application +The provisions of this Law shall apply to: +1. The Company, Information Provider and Receiver of Information Report. +2. Any person that has a relation with the Credit Information as per the determination of the +Executive Regulations of this Law. + +" +finance and banking,Federal Law No. (6) of 2010 on Credit Information,"Article (3) +Credit Information Exchange Rules +This Law shall regulate the activities of Credit Information request, collection, keeping, +analysis, classification, use, circulation and protection and whatever relates to such +Information. + +" +finance and banking,Federal Law No. (6) of 2010 on Credit Information,"Article (4) +The process of Credit Information request, collection, keeping, analysis, classification, use, +circulation and protection; and preparation of Credit Records and Credit Information Reports Federal Law No. (6) of 2010 on Credit Information 4 + and the regulation of the same, shall be subject to the controls set up b y the Central Bank, +subject to the provisions of this Law and its Executive Regulations. + +" +finance and banking,Federal Law No. (6) of 2010 on Credit Information,"Article (5) +There shall be prohibited the collection and circulation of any information or data that relates +directly or indirectly to the details or facts that relate to the private life of the natural person +or his/her opinions, beliefs or health condition. + +" +finance and banking,Federal Law No. (6) of 2010 on Credit Information,"Article (6) +1. A credit information report recipient shall obtain the approval of the person about whom +inquiry is made, prior to the issuance of the report. This approval may be either in writing +or by any other legally acceptable means. +2. The Company may request to be provided with the credit information for the purpose of preparing and developing its credit information database, without having to obtain the +approval of the person concerned. +3. Notwithstanding Clause (1) of this Article, the information report recipient may request the Company to issue a credit information report on any of the person indebted thereto in accordance with the controls set out by the C entral Bank in this regard. +4. The credit index shall be requested and issued without requiring the approval of the person about whom the inquiry is made, in accordance with the controls set out by the Central Bank. + +" +finance and banking,Federal Law No. (6) of 2010 on Credit Information,"Article (7) + Credit Information and Credit Records and Credit Information Report being collected and +kept shall be prohibited to be used and circulated for any purposes other than those for which +the contracts have been concluded or for the purposes for which such inf ormation has been +provided, as per the provisions of this Law and its Executive Regulations. + +" +finance and banking,Federal Law No. (6) of 2010 on Credit Information,"Article (8) +The Credit Information and Credit Record and Credit Information Report shall be confidential Federal Law No. (6) of 2010 on Credit Information 5 + by nature and shall be used for the Company business pur poses only and among the parties +stipulated in this Law and as per its provisions, and may be accessed or revealed directly or +indirectly only with written consent of the respective person or his/her heirs or legal +representative or the proxy duly authoriz ed to do so, or subject to a request by the competent +judicial authorities and to the extent required for the investigations and claims tried before +such authorities. + +" +finance and banking,Federal Law No. (6) of 2010 on Credit Information,"Article (9) +1. The Company shall be established to practice the activities related to the c redit +information and shall enjoy the legal personality and capacity required to practice its +activities, and, in particular, it shall: +a. Organize the credit information's request, collection, preservation, analysis, categorization, use and circulation. +b. Prepare and process the credit record in due time, appropriately and in a secure +manner in accordance with the provisions set out in this law and its executive +regulations and the controls set out by the Central Bank. +c. Issue the credit information report an d any other reports and products related to credit +information. +d. Prepare and develop risk tools, standards and relevant matters. +e. Practice any activity related to the person's credit status in accordance with the information available to the company in the c redit record. +2. The Cabinet shall issue a resolution determining the Company's Articles of Association +and operation mechanism. + +" +finance and banking,Federal Law No. (6) of 2010 on Credit Information,"Article (10) +Any natural or legal person except for the Company shall be prohibited to exercise the activities of requesting, collecting, keeping, analyzing, classifying, using and circulating Credit +Information and whatever relates to such Information. + Federal Law No. (6) of 2010 on Credit Information 6 + " +finance and banking,Federal Law No. (6) of 2010 on Credit Information,"Article (11) +Without prejudice to the controls to be issued by the Central Bank the Company shall: +1. Not disclose or reveal any information in its possession to any Third -Party, except in +accordance with the provisions of this law and its executive regulations. +2. Establish advanced systems and a database that contains and keeps all that which +concerns the credit information, credit r ecord and credit information reports, and update +the same periodically. +3. Maintain the security of the Company and protect the Company's credit information from +loss, damage, illegal or insecure access, use or modification, including maintaining the +means of data support and recovery in emergencies. +4. Be committed to use the credit information in accordance with the provisions of this law +and the executive regulations hereof. + +" +finance and banking,Federal Law No. (6) of 2010 on Credit Information,"Article (12) +The information provider shall send to the Company the credit informatio n in accordance +with both the electronic system applicable at the Company and the controls set out by the Central Bank in this respect. + +" +finance and banking,Federal Law No. (6) of 2010 on Credit Information,"Article (13) +The Central Bank shall be linked to the Company's credit information database in accordance +with the mech anism prescribed by the Central Bank. + +" +finance and banking,Federal Law No. (6) of 2010 on Credit Information,"Article (14) +The information provider shall provide the Company with the credit information required +without imposing any financial burdens on the Company. + +" +finance and banking,Federal Law No. (6) of 2010 on Credit Information,"Article (15) +1. The Company shall conclude with the information report recipient an agreement regulating the credit information report use mechanism and the terms and conditions Federal Law No. (6) of 2010 on Credit Information 7 + relating to the credit information and form related to the protection and maintenance of +confi dentiality of credit information. +2. The Company may exchange reports and information related to non -citizens with the +credit information companies and centers outside the State on the basis of reciprocity and in accordance with the provisions of this law and its executive regulations, the controls +issued by the Central Bank and the agreements on the exchange of information approved by the competent bodies in the State. + +" +finance and banking,Federal Law No. (6) of 2010 on Credit Information,"Article (16) +The Central Bank Powers +The Central Bank, in its capacity as the controlling authority of the activities of the Company, +shall, as per the provisions of this Law, have the following powers: +1. Controlling and overseeing the Company well performing of the tasks assigned to it. +2. Setting up the controls pursuant to which the Company exercises its activities, and the +Code of Conduct and whatever relates to it. +3. Issuing any instructions or directions to the Company. + +" +finance and banking,Federal Law No. (6) of 2010 on Credit Information,"Article (17) +Penalties +There shall be sentenced to a minimum term of imprisonment of two years and/or a minimum +fine of AED 50.000 (AED fifty thousand) each and every person who: +1. Reveals Credit Information or Credit Information Report or Credit Record in cases other +than those authorized as per the provisions of this Law and its Executive Regulations. +2. Obtains Credit Information or Credit Information Report, or has access to Credit Record, +without obtaining the approvals required as per the provisions of this Law and its +Executive Regulations or by using fraudulent methods or incorrect information. +3. Violates the confidentialit y established for the Credit Information and the Credit Record +and the Credit Information Report. +4. Misrepresents in bad faith any data or submits any incorrect Credit Information to the +Company. Federal Law No. (6) of 2010 on Credit Information 8 + + +" +finance and banking,Federal Law No. (6) of 2010 on Credit Information,"Article (18) +Subject to the penalties stipulated in the previous Article, there shall be punished by +imprisonment and/or a minimum fine of AED 10.000 (AED ten thousand ) each and every +person who violates any of the provisions of this Law and the orders issued in enforc ement of +the same. + +" +finance and banking,Federal Law No. (6) of 2010 on Credit Information,"Article (19) +There shall be considered an aggravating circumstance the commitment of any of the crimes +stipulated by this Law by any public servant or any of the employees working at the Company. + +" +finance and banking,Federal Law No. (6) of 2010 on Credit Information,"Article (20) +Sentence to the penaltie s stipulated by this Law shall not prejudice any severer penalty +stipulated by any other law, or the civil liability of the violator. + +" +finance and banking,Federal Law No. (6) of 2010 on Credit Information,"Article (21) +General Provisions +Employees who are determined by a resolution by the Minister of Justice in agreement with +the Minister of Finance shall have the capacity of judicial officers in evidencing any actions +committed in violation of the provisions of this Law and the orders issued in enforcement of the same, within the jurisdiction of each of them respectively. + +" +finance and banking,Federal Law No. (6) of 2010 on Credit Information,"Article (22) +The Executive Regulations of this Law shall determine: +1. The mechanism of filing the request for Credit Information and the details of such +request. +2. Rights and obligations of all related parties. +3. The period for keeping the Credit Information and the period covered by the Credit Federal Law No. (6) of 2010 on Credit Information 9 + Information Record. +4. The authorities benefitting from the Credit Information and the payment that has to be +made in return for obtaining such Information in light of the cont rols stipulated by the +Central Bank in this respect. +5. The persons entitled to obtain the Credit Information Report. +6. The mechanism of submitting and examining complaints related to Credit Information. + +" +finance and banking,Federal Law No. (6) of 2010 on Credit Information,"Article (23) +The Ministry of Finance in coordination with the Central Bank shall develop this Law's +Executive Regulations which shall be issued by a resolution by the Cabinet of Ministers. + +" +finance and banking,Federal Law No. (6) of 2010 on Credit Information,"Article (24) +The controls that the Central Bank is empowered to draw up as per the Articles 4 , 11, 16, 23 +and 24 of this Law shall be issued and published in the Official Gazette. + +" +finance and banking,Federal Law No. (6) of 2010 on Credit Information,"Article (25) +Any provision in contradiction with the provisions of this Law shall be cancelled. + +" +finance and banking,Federal Law No. (6) of 2010 on Credit Information,"Article (26) +This Law shall be published in the Official Gazette, and shall be operative as of the day +following the date of issuing the same. + + +Khalifah Bin Zayed Al Nahyn +UAE President + +Issued by us in the Presidency Palace in Abu Dhabi on: +October 7th, 2010 AD. +Corresponding to Shawal 28th, 1431 H. " +finance and banking,Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP),"Article (1) +Definitions +In applying the provisions of this Law, the following words and expressions shall have the +meanings ascribed thereto, unless the context requires otherwise: + +State : The United Arab Emirates. +Government : The Federal Government of the State. +Ministry : Ministry of Finance. +Minister : Minister of Finance. +Federal Law No. ( 12) of 2023 on Regulating the Federal Public -Private Partnerships (PPP) 2 + Federal Public +Sector : Any ministry established in accordance with Federal Law No. (1) of +1972 Concerning the functions of ministries and the powers of +ministers, and its amendments, any federal authority, institution or +regulatory bodies, as well as any other bodies affiliated with the +federal government . +Concerned +Federal Agency : The federal ag ency responsible for proposing the project. + +General Budget +Committee : The committee formed by the Cabinet. + +Private Sector : Companies and commercial institutions (this shall not include +companies and commercial institutions wholly owned by the +government). +Potential +Partnership +Project + : Any project that is proven - after evaluating its feasibility - to +meet the criteria for partnership projects specified in the +Partnership Projects Guide. +Partnership +Project + : A contractual relationship between a federal agency (or several +federal agencies) and one or more part ners from the private +sector established in accordance with the provisions hereof, +which aims to provide a public service or operate a public facility. +Partner : Any legal person or coalition of legal persons, from the private +sector, that is a party to the partnership contract. + +Project +Company : Any company or institution established by the partner to +implement the project. + +Project +Agreement : A contract concluded by the concerned federal agency with the +partner with the aim of regulati ng the relationship between the +parties regarding the partnership project. +Federal Law No. ( 12) of 2023 on Regulating the Federal Public -Private Partnerships (PPP) 3 + Project Team : The team responsible for developing the project idea and +presenting it. +Grievance +Committee : A grievance committee formed by the Minister in accordance +with the pr ovisions of Clause (2) of article (20) hereof. +Partnership +Projects Guide : A guide issued in accordance with the provisions hereof and contains +the rules, provisions and procedures related to partnership projects. + +" +finance and banking,Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP),"Article (2) + Law Objectives +This Law aims to achieve the following: +1. Organising partnership projects between the federal public sector and the private sector +in the State. +2. Encouraging the priv ate sector to participate in development and strategic projects, and +increase investment in projects of economic, social and service value. +3. Enabling the government to efficiently and effectively implement the strategic projects +thereof +4. Benefiting from the financial, administrative, organisational, technical and technological +capabilities and expertise available in the private sector, to enable the community to obtain the best services in a way that achieves the best value for the cost. +5. Increa sing productivity and improving the quality of public services, while ensuring +effective management for the development of those services. +6. Transferring knowledge and experience from the private sector to the federal agencies, +and training and qualifying employees of federal agencies in the State to manage and +operate projects. +7. Implementing projects that provide added value to public money. +8. Reducing the burden of financial and operational risks on the government that may result from implementing projects. +9. Shifting in the management of some infrastructure projects and public services from implementation, operation, and direct management to other forms of implementation in +accordance with approved policies and controls to achieve quality. +Federal Law No. ( 12) of 2023 on Regulating the Federal Public -Private Partnerships (PPP) 4 + 10. Stimulating the competitiveness of projects in local, regional and global markets. + +" +finance and banking,Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP),"Article (3) + Scope of Application +The provisions of this law shall apply to any partnership project funded in whole or part by +the private sector and proposed by a federal agency. + +" +finance and banking,Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP),"Article (4) +Exclusions +The provisions of this law shall not apply to: +1. Partnership contracts concluded before the entry into force of this law in a manner that shall not conflict with the provisions of article (32) hereof; +2. Outsourcing the services specified in the Partnership Projects Guide; +3. Projects whose value is less than the financial limit stipulate d in the Partnership Projects +Guide; +4. Projects to privatise public assets and services; +5. Supply and procurement contracts related to national security identified in the +Partnership Projects Guide; and +6. Federal agencies, sectors and projects that are excluded pursuant to the Cabinet +resolution. + +" +finance and banking,Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP),"Article (5) +Competences of the Ministry +For the purposes of implementing this law, the Ministry shall have the following duties: +1. Proposing a guide for partnership projects and submitting Cabinet for approval; +2. Preparing and issuing a guide to the management and implementation of the +partnership project, including the provisions regulating the management and +supervision of partne rship projects during the implementation phase; +3. Preparing, issuing and amending evidence and all forms and documents related to +Federal Law No. ( 12) of 2023 on Regulating the Federal Public -Private Partnerships (PPP) 5 + partnership projects, subject to Clause (1) of this Article; +4. Proposing to update the legislation regulating partnership projects between federal +agencies and the private sector in accordance with international best practices; +5. Working to provide the appropriate environment to attract the private sector to +partic ipate in partnership projects and overcome difficulties that may hinder the success +of partnership projects; +6. Providing assistance and support to federal agencies in the process of offering partnership projects pursuant to the stipulations hereof, if n ecessary, and encouraging +federal agencies to use the partnership projects method; +7. Studying and evaluating the offers and feasibility studies submitted by the federal agencies and the private sector and determine the feasibility of presenting them as a partnership project, after coordination with the relevant authorities if the need arises; +8. Guiding federal agencies regarding the mechanism for preparing feasibility studies and +other studies related to evaluating partnership projects; +9. Providing advice to the federal agencies regarding the proposal and implementation of +partnership projects, if necessary, according to the Ministry discretion; +10. Creating a data record for partnership projects; and +11. Measuring the success of partnership projects on a regular basis and submitting periodic reports thereon to the General Budget Committee. + +" +finance and banking,Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP),"Article (6) + Concerned Federal Agency Competences +For the purposes of implementing this law, the concerned federal agency shall have +jurisdiction over the following: +1. Proposing partnership projects and preparing all the necessary studies to evaluate the +partnership project and determine the financial, economic, technical and social +feasibility of the project and the risks and implications thereof in accordance with the +requirements of the Partnership Projects Guide; +2. Preparing the initial budget for the partnership project in cooperation with the project +Federal Law No. ( 12) of 2023 on Regulating the Federal Public -Private Partnerships (PPP) 6 + team in accordance with the guides and models related to pr eparing budgets issued by +the Ministry and the Partnership Projects Guide; +3. Determining all the technical specifications and requirements related to the partnership +project; +4. Coordinating with the Ministry to for mulate the structure of the partnership project, +including determining the partnership methods appropriate to the nature of the project, +the nature of the contribution of the two partnership parties to the project, and the +distribution of shares and financ ial returns resulting from it; +5. Proposing fees for services related to the partnership project; +6. Supporting the project team in preparing the bidding documents and the terms and specifications booklet for the partnership project; +7. Implementing its obligations stipulated in the project agreement and exercising the +rights contained therein; +8. Coordinating with other government and federal agencies concerned with the project to ensure that the partnership project outputs are aligned with their p lans; +9. Supervising the private sector proper implementation of partnership projects in accordance with the provisions of article (25) of this law, without prejudice to the +powers of other regulatory bodies; +10. Working on overcoming the difficulties that prevent partnership projects from achieving +their desired goals in coordination with the competent authorities in the State; and +11. Preparing periodic quarterly reports for each of the partnership projects pr oposed +thereby and submitting the same to the Ministry. + + + +Federal Law No. ( 12) of 2023 on Regulating the Federal Public -Private Partnerships (PPP) 7 + " +finance and banking,Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP),"Article (7) +Project Team Formation +1. For each potential partnership project, a project team shall be formed, and the Partnership +Projects Guide shall specify the mechanism for forming the team. +2. The project team shall undertake the following: +A. Coordinating and managing the bidding procedures for the partnership project and +partner selection; +B. Preparing the initial budget for the project in coordination with the concerned federal agency; +C. Preparing the bidding documents, the terms and conditions booklet, the partnership +project specifications, and the project agreement; +D. Evaluating and opening bids in accordance with the evaluation procedures and criteria +specified in the bidding documents and the Partnership Projects Guide; +E. Ensuring the application of the principles of transparency, fair competition, and equal +opportunities in accordance with the provisions of this law and the Partnership Projects +Guide; and +F. Any other powers stipulated herein or in the Partnership Projects Guide. + +" +finance and banking,Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP),"Article (8) +Project Selection +1. The concerned federal agency, ministry, or private sector may propose a partnership project. +2. The Ministry shall decide, in agreement with the concerned federal agency whether the +project proposed to be presented as a partnership project deserves to be selected as a potential partnership project, in accordance with the criteria specified by the Partnership +Projects Guide. +3. When selecting a project as a potential partnership project, it shall be evaluated in +accordance with the procedures stipulated in the Partnership Projects Guide. +4. The Partnership Projects Guide shall specify the standards and studies required in the +project selection and approval stages. +Federal Law No. ( 12) of 2023 on Regulating the Federal Public -Private Partnerships (PPP) 8 + +" +finance and banking,Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP),"Article (9) + Project Proposal by the Federal Agency +When intending to conclude a partnership project, the federal agency shall abide by the +following: +1. Ensuring that the project meets the criteria for partnership projects specified by this law +and the Partnership Projects Guide, and studying the suitability of presenting any of its +projects as a partnership project; +2. Proposing the project in an alternative manner if there are strat egic reasons or reasons +related to the public interest; +3. Providing evidence that it has considered the option of partnership projects in relation to its projects whenever requested by the Ministry; and +4. Preparing a project presentation when it wish es to hold a partnership project, including +justifications for selecting the project, and submitting it to the Ministry in accordance +with the procedures specified in the Partnership Projects Guide. + +" +finance and banking,Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP),"Article (10) + Project Proposal by the Private Sector +1. The private sector may submit an initiative to any federal agency or the Ministry to +propose a project as a partnership project. The federal agency shall, whenever the initiative +is directly presented thereto, submit it to the Ministry in accordance with the procedures +contained herein and the Partnership Projects Guide. +2. The Partnership Projects Guide shall specify the provisions that regulate partnership +project initiatives submitted by the private sector, including the following provisions : +A. The mechanism for submitting initiatives and the method of evaluating, accepting and +presenting them; +B. Guarantees to protect confidential information, intellectual property rights, business +secrets, and any special exclusive rights associated with the initiative; and +C. Incentives and benefits provided to the initiative owner. + +Federal Law No. ( 12) of 2023 on Regulating the Federal Public -Private Partnerships (PPP) 9 + " +finance and banking,Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP),"Article (11) + Project Adoption +1. The federal agency or the private sector shall submit the project to the Ministry for +approval as a potential partnership project, including the details specified in the Partnership +Projects Guide. +2. The Ministry shall study the project and evaluate it in accordance with the requirements hereof and the Partnership Projects Guide. +3. If the project meets the requirements of partnership projects and there is no financial +approval for the project, the Ministry shall submit the proposal for the initial approval of the project by the General Budget Committee and after its approval, it shall be submitted to the +Cabinet for final adoption. +4. The Ministry may submit the project directly to the Cabinet in case of the absence of a +financial approval for the project. +5. In case of project adoption by the Cabinet, the Ministry shall notify the concerned federal +agency of the project approval. +6. The Partne rship Projects Guide shall specify the approvals required at each stage of +developing and launching the partnership project. + +" +finance and banking,Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP),"Article (12) +Budget Approval +1. The project team, in cooperation with the concerned federal agency, shall develop the +initial budget for the partnership project in accordance with the budget preparation +provisions issued by the Ministry. +2. No partnership project that entails expenses may be proposed to any federal agency +unless the cost of the project for the implementation duration thereof is fully approved by the government. + + + +Federal Law No. ( 12) of 2023 on Regulating the Federal Public -Private Partnerships (PPP) 10 + " +finance and banking,Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP),"Article (13) +Government Financial Guarantees +1. Subject to the legislation in force in the State, the co ncerned federal agency may - based +on the needs of the project - propose to the Ministry to issue a government guarantee to +secure the financial obligations of the federal agency stipulated in the terms of the project +agreement. +2. The Partnership Projects Guide shall specify the conditions and procedures for requesting +a government financial guarantee, and the mechanisms for deciding thereon. + +" +finance and banking,Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP),"Article (14) + Types of Partnership Projects +Partnership projects implemented in accordance with this law shall fall within one of the +following types: +1. Building, operating and transferring; +2. Building, owning, operating and transferring; +3. Building, owning and operating; +4. Financial benefit from the assets; +5. Building, owning, renting and transferring; +6. Management contracts; and +7. Any other types specified in the Partnership Projects Guide. + +" +finance and banking,Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP),"Article (15) + Bidding Methods and P rocedures +1. Partnership projects shall be proposed according to one of the following methods: +A. The two- stage method shall be as follows: + Stage One : During which a pre -qualification shall be conducted for a group of +private sector entities that have express ed interest in the project. + Second Two : During which the complete bidding documents shall be issued +exclusively to the potential partners who have been qualified. +Federal Law No. ( 12) of 2023 on Regulating the Federal Public -Private Partnerships (PPP) 11 + B. Expedited procedure method: The Bidding may be made through the expedited +procedure method, which consists of one stage - without a qualification procedure - in +any of the following cases: +1) There is a need to urgently put the project out for bidding; or +2) If the project team believes that there is no need to conduct qualification in the +event that there is a limited number of suitable potential partners in the market +or the absence of a complex technical aspect of the project, which makes the +competition li mited to financial aspects only, or for any other reason that does +not require the qualification of partners. +C. Direct appointment method : The Bidding may be conducted through the direct +appointment method, where the concerned federal agency negotiates directly with one +or more potential partners. This method shall be used only in the following cases: +1) The need to provide assets or provide a service in an urgent manner that is not +compatible with the procedures specified in paragraphs (A) and (B) of Clause (1) +of this Article; +2) The presence of one potential partner in the market with the ability to implement +the project; +3) The connection or attachment of some or all of the project components to +national security or the protection of state secrets; or +4) Any other necessary and urgent matters related to the public interest, provided +that the Minister agrees to use this procedure to raise them. +2. In the event that there is only one potential partner for the project, the concerned federal +agency may ter minate the tender or continue the bid and award the project to such potential +partner, after taking into account the following two conditions: +A. Fulfilling the requirements of the bidding documents; and +B. There is evidence of a sufficient value to cost ratio in the bid to achieve a +value -for-money assessment. +3. The Partnership Projects Guide shall specify the procedures for each of the bidding +methods mentioned in this article. + +Federal Law No. ( 12) of 2023 on Regulating the Federal Public -Private Partnerships (PPP) 12 + " +finance and banking,Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP),"Article (16) + Submitting P roposals +1. The proposal for the partnership project shall be submitted either by one partner from the +private sector or from a coalition consisting of several partners from the private sector. +2. In case of submitting the proposal by a coalition of partne rs, it shall be submitted in the +name of the coalition, and any member of the coalition shall be prohibited from submitting +individual proposals, whether directly or through another coalition, or from submitting the +proposal from a company in which one of the coalition members owns a majority of the capital or controls its management, unless the terms of the bid stipulate otherwise or with +the approval of the concerned federal agency. +3. Any federal agency may participate in the public bidding for the partnership project, after the Ministry approval of such participation. + +" +finance and banking,Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP),"Article (17) Evaluating Proposals +1. The project team shall study and evaluate the submitted proposals considering the +technical, financial and legal aspects, and determine the accepted and excluded ones, +provided that each proposal shall be given a score for evaluation in accordance with the +evaluation criteria specified in the bidding documents. +2. The project team shall submit its recommendations with the results of the proposals evaluation, including a list of proposals that have passed the minimum evaluation threshold, +to the ministry and the concerned federal agency for approval. +3. The project team may, whenever it deems this to be in the interest of the project and in +coordination with t he Ministry and the concerned federal agency, decide to request +additional clarifications after submitting the proposals, including but not limited to - asking +the bidders to submit their ""best and final bid"". +4. If the project team is unable to agree on t he project provisions and the project agreement +with the best bidder according to the evaluation results, the project team shall be entitled to stop the discussion with the best bidder and move on to negotiating the project provisions +and the project agree ment with the following bidders according to their descending order +on the list of bids that won the best rating. +Federal Law No. ( 12) of 2023 on Regulating the Federal Public -Private Partnerships (PPP) 13 + +" +finance and banking,Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP),"Article (18) + Cancellation or Modification of the B idding or P roject Procedures +1. The concerned federal agency, in coordination with the Ministry, may cancel or modify +the tender or project procedures at any time before awarding the project. +2. No party submitting a proposal for a partnership project may be entitled to claim a +compensation for cancelling or amending the bid or project. + +" +finance and banking,Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP),"Article (19) Tender Awarding Announcement +The concerned federal agency shall notify the awarded bidder that the bid has been +awarded thereto them, and inform the rest of the bidders of the result of the bid award. + +" +finance and banking,Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP),"Article (20) + Appealing Against Tender Proce dures +1. The private sector bidder for any project may submit, within a maximum of ten (10) days from the date of awarding the bid, a grievance request to the Ministry in the following cases: +A. The bidding documents or procedures violate the provisions hereof, the Partnership +Projects Guide, or other relevant laws; +B. The partner selection procedures violate the provisions hereof, the Partnership Projects +Guide, or other relevant laws in a way that affects transparency and fair competition +among bidder s; or +C. Proving a bribery, illegal commissions, bid rigging, fraud, or power abuse with the aim of +illegally influencing the tender procedures, to the extent that such actions have an actual +impact on the results of the tender aw ard, without prejudice to the provisions of any +other relevant law. +2. Grievances committee shall be established by a decision of the Minister to consider the submitted grievances related to the bidding procedures. The Partnership Projects Guide shall +spec ify the grievance mechanism, procedures, and durations. +3. The grievance request shall be based on one of the reasons referred to in Clause (1) of this +Federal Law No. ( 12) of 2023 on Regulating the Federal Public -Private Partnerships (PPP) 14 + Article and shall include an explanation of the direct impact of those reasons in weakening +the chance o f winning the bid or that they were the direct reason for losing the bid in the +event that the bid is awarded, along with all the documents supporting the application. +4. The Grievances Committee may suspend the tender procedures until the application is decided upon, whenever it finds the application worthy of consideration and that +continuing the procedures would significantly weaken the applicant chances of winning the bid. +5. If the Grievances Committee finds that the reasons for the grievance are valid , it shall issue +recommendations thereof, either to correct the wrong procedure, exclude one of the +applicants, or take any other measures; or reject the grievance because the reasons are not +valid, and submit its recommendations to the Minister for approv al before taking any action. + +" +finance and banking,Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP),"Article (21) + Project Agreement +1. The project team shall prepare the project agreement in coordination with the Ministry and the concerned federal agency in accordance with the provisions hereof and the +Partnership Projects Guide. +2. The Partnership Projects Guide shall specify the provisions that shall be included in the project agreement, including, but not limited to, provisions related to changing laws, +changing economic conditions due to unfores een circumstances when contracting, the +project agreement amendment, termination provisions, and compensation resulting from +termination. +3. The project agreement may include a statement of the financial revenues available to the private sector according t o one of the following methods: +A. Payments made in exchange for providing the project or service. +B. Granting the partner, the right to collect and retain revenues from the use of an asset or +service or to share in the revenue resulting from such use. +C. Combining the two methods referred to in Paragraphs (A) and (B) of Clause (3) of this +Article. +D. Any other method agreed upon. +Federal Law No. ( 12) of 2023 on Regulating the Federal Public -Private Partnerships (PPP) 15 + 4. The project agreement may require the partner to employ national workers or local +contractors and to use local materials, equipment and goods, and any of such requirements +shall be explicitly disclosed in the bidding documents. +5. After the period for submitting the grievance or deciding upon it has passed in accordance +with article (20) of this law, the project agreemen t shall be signed in Arabic - or English if +necessary - by the concerned federal agency and the partner to whom the tender is awarded. +6. The project agreement shall be subject to the laws in force in the State. + +" +finance and banking,Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP),"Article (22) + Troubled Projects +1. The concerned federal agency shall replace the partner and take control of the partnership project to ensure its continued implementation in cases where the partner fails to +implement the project and their failure is detrimental to the public interest, an interruption +in the services of a public facility, or the cessation of the provision of the public service +whose continuation is required by the public interest, without prejudice to the right of the +federal agency to claim any compensation for damages resulting from failure to implement the project. +2. The Partnership Projects Guide shall specify the provisions for troubled projects. + +" +finance and banking,Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP),"Article (23) + Mortgage +1. The partner may - after obtaining the approval of the concerned federal agency - +mortgage any of their assets and the following rights related to the project to guarantee the +financing they obtained to implement the project: +A. Mortgage of immovable and movable rights owned by a partner or the rights thereof to +the assets of the partnership project or project company. +B. Mortgage the right of the partner or the project company, if it is owned in the name and +for the account of any of them, to the revenues and payments resulting from the use of +the facility or service subject to the partnership project. +2. The concerned federal agency shall be a party to any agreement that gives the funding +Federal Law No. ( 12) of 2023 on Regulating the Federal Public -Private Partnerships (PPP) 16 + parties the right to replace the partner in the project agreement, and the concerned federal +agency may object to any of the funding parties. +3. The provision s regulating mortgages in accordance with the laws in force in the State shall +apply to the mortgages referred to in this article unless the project agreement stipulates otherwise. + +" +finance and banking,Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP),"Article (24) + Incentives and Exemptions +Incentives may be granted to priv ate sector partners in partnership projects, for the purpose +of increasing the attractiveness of the partnership project. The types of such incentives shall +be determined by a decision of the Cabinet based on the Minister recommendation. + +" +finance and banking,Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP),"Article (25) + Supervising the Project Implementation +The concerned federal agency shall supervise the implementation of the project and manage +the implementation phase in accordance with the provisions of the project agreement and +the guides and forms issued by the Ministry. The Ministry role in the implementation phase +shall be limited to monitoring and providing support to the concerned federal agency +whenever required. + +" +finance and banking,Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP),"Article (26) + Partnership Projects Guide Content +The Partnership Projects Guide shall specify the detailed provisions regulating partnership +projects, in particular: +1. Governance and procedures for offering partnership projects, including project +proposals, value -for-money assessments, market studies, project structuring and +management, bidding pro cedures, mechanisms for requesting clarifications, +conferences, and criteria for offering projects. +2. Special requirements related to the content of the bidding documents and the project +Federal Law No. ( 12) of 2023 on Regulating the Federal Public -Private Partnerships (PPP) 17 + agreement. +3. Special requirements related to any dates and time frames that shall be followed for the +bidding procedures. +4. Special requirements related to the criteria for selecting a partner and evaluating bids, as +well as the qualifications required for the project team. +5. The rules governing requesting the best and last offer and negotiating with a potential partner. +6. Requirements for disclosure and publishing the basic information related to presenting +partnership projects on websites and the media. +7. The provisions regulating the management of contracts and the supervision of +partnership projects during the implementation phase and the procedures for managing and implementing the project agreement, including the provisions for making payments +and the P owers Matrix determined by the federal agency. +8. The rules governing the change of control, the composition of partners, or the partner structure. +9. The rules governing force majeure and exceptional circumstances that may occur during +project impleme ntation. +10. The rules governing the termination of the project agreement and the compensation +mechanism upon termination. +11. The rules governing the arrangement of mortgages on assets related to the project and +any agreement that may grant the financing parties the right to replace the partner in +implementing the project or to control or acquire it. +12. Any other provisions t hat the law has regulated in the Partnership Projects Guide or that +the Cabinet decided to add. + +" +finance and banking,Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP),"Article (27) + Transparency and D isclosure in the Bidding Procedures +1. Bidding procedures shall be subject to the principles of transparency, freedom of compe tition and equal opportunities, and shall be implemented in accordance with the rules +and procedures stipulated in this law and the Partnership Projects Guide. +Federal Law No. ( 12) of 2023 on Regulating the Federal Public -Private Partnerships (PPP) 18 + 2. In order to achieve the principle of transparency and equal opportunities, the concerned +federal agency shall publish the following information to the public: +A. A summary of all major decisions related to the approval of the partnership project and +bidding procedures; and +B. Project awarding decision. + +" +finance and banking,Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP),"Article (28) + Project Company +1. In order to implement the project, the partner may establish the project company in +accordance with the laws in force in the State. The founding company shall comply with all +the provisions of the partnership agreement, and it may not be replaced, sold, or its +ownership waived (directly or indirectly) or enter into a contract with a third party without +the prior approval from the concerned federal agency and using the same mechanism by which the original partnership agreement was approved. +2. Foreign inv estors from outside the State may own the entire project company in +accordance with the commercial companies law in force in the State, unless stipulated otherwise by the bidding documents. + +" +finance and banking,Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP),"Article (29) + Partnership Projects Information Centre +The Ministry shall establish a data register for partnership projects and an evaluation system +for existing and implemented partnership projects. The Ministry may, whenever it deems +appropriate, publish useful information to the public on its website. + +" +finance and banking,Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP),"Article (30) + Consultant Appointment +1. The Ministry may appoint external consultants to provide assistance in the process of +selecting, structuring, offering, evaluating and supervising partnership projects whenever +necessary. +Federal Law No. ( 12) of 2023 on Regulating the Federal Public -Private Partnerships (PPP) 19 + 2. The Ministry may direct the concerned federal agency or the project team to appoint +external consultants whenever it deems optimal use of external resources. + +" +finance and banking,Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP),"Article (31) + Dispute Settlement +The state courts shall be competent to consider disputes arising from the implementation o f +the project agreement, and it may be agreed that disputes shall be settled through +alternative dispute resolution methods applicable in the state, including mediation, +arbitration, and resorting to an expert + +" +finance and banking,Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP),"Article (32) + Amending, Renewing or E xtendin g Partnership Project Agreements +1. The provisions of the agreements related to the partnership projects and concluded +before the applicability hereof shall apply as well as the applicable laws. +2. Such agreements and licences thereof, may not be amended, renewed, or extended except +in accordance with the provisions of this law, the Partnership Projects Guide, and the Guides +and forms issued by the Ministry. + +" +finance and banking,Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP),"Article (33) + Repeals +1. Any provision that violates or contradicts the provisions of this Law shall be abrogated. +2. Cabinet Resolution No. (1/1) of 2017 on the Procedures Guide for Partnership Between Federal agencies and the Private Sector, and Cabinet Resolution No. (4/8) of 2019 on the +Procedures Guide for Partnership Between Public and Private Se ctors in the UAE shall +remain applicable, until the partnership projects guide is issued, insofar that it does not +conflict with the provisions of this law +3. The provisions of the federal legislation regulating procurement and warehouse +management in the federal government shall not apply to partnership projects concluded in accordance with the provisions hereof. +Federal Law No. ( 12) of 2023 on Regulating the Federal Public -Private Partnerships (PPP) 20 + +" +finance and banking,Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP),"Article (34) + Law Publication and Enforcement +This Law shall be published in the Official Gazette, and shall enter into force as of the day +following the date of its publication. + + + +Signed +Mohammed Bin Zayed Al Nahyan +President of State of the United Arab Emirates + +Issued by Us at the Palace of the Presidency in Abu Dhabi: +On: Jumada I 13, 1445 H +Corresponding to: November 27, 2023 + + " +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (1) Definitions +In a pplying the provisions of this Law, the following words and expressions shall have the +meanings ascribed thereto, unless the context requires otherwise: +State : United Arab Emirates (UAE). +Government : The Federal Government of the State. +Ministry : Ministry of Finance +Minister : Minister of Finance +Powers +Delegation +Matrix : A document prepared by the Ministry, specifying the powers +of employees authorised to approve financial and +non -financial decisions related to government purchases and +the fina ncial limits associated therewith in accordance with +the procurement methods contained in this law and the +regulations implementing thereof. Such Matrix shall be issued +upon a decision of the Minister. +Federal +Agencies : The Ministries established by virt ue of Federal Law No. (1) of +1972 Concerning the Competences of Ministries and the +Powers of Ministers, as amended, and the Federal +Government bodies and authorities as classified in Articl e (3) +of the present Law. +Procurement : Any product, service or business needed by federal agencies. +Procurement : A set of procedures undertaken by the federal agency to +Federal Law No. (11) of 2023 Concerning procurement in the federal government 3 + Process secure procurements thereof in accordance with the +provisions of this law, and the executive regulations thereof +Annual +Procurement +Plan : The plan prepared by the federal agency to determine they +procurement requirements and needs thereof, in a manner +that achieves the public interest for the subsequent fiscal year +Emergency +Procurements : Emergency procurement to obtain necessary purchases in +situations where adhering to standard procurement +proced ures may result in undue delays, thereby jeopardising +the ability of the pertinent federal agency to promptly secure +the required purchases. +Procurement +System : The electronic or digital syste m, or any analogous system +employed by the federal agency, that regulates procurement +processes. This system facilitates secure communication and +interaction between suppliers and federal agencies, +culminating in the secure finalisation of contracts. +Furth ermore, it empowers federal agencies to announce +purchase orders and receive quotations from suppliers in +accordance with the provisions delineated in this law and the +executive regulations thereof. +Public Interest : Any direct or indirect benefits that a ccrue to the federal +agency, the government, and society as a result of the +purchase process and contribute to achieving the government +strategic visions and priorities. +Overall Value : The best result that the federal agency can achieve in +exchange for m oney by optimally exploiting resources +effectively and economically. +Supplier : Any natural or legal person who provides procurements in +accordance with the provisions of this law and the executive +regulations thereof. +Participating : Any natural or legal person submitting an offer for a new +Federal Law No. (11) of 2023 Concerning procurement in the federal government 4 + Supplier tender or bid opportunity related to a request to submit +procurement to a federal agency +Confidential +Information : Information designated as confidential pursuant to the +provisions of this law and the directives implementing thereof. +Sensitive +Business +Information : Information that, if disclosed, could adversely impact the +commercial interests of the supplier, encompassing details +such as profit margins and proprietary innovations. Such +sensitive information shall be determined pursuant to the +provisions of this law and the directives implementing thereof. +Tender +Announcement : A statement published on the procurement system to +announce a new procurement opportunity in accordance with +the provisi ons specified by this law and executive regulations +thereof. + +Public Tender : A procurement solicitation or invitation disseminated b y a +federal agency to the public via the procurement system. This +mechanism ensures that all interested suppliers are accorded +an equitable opportunity to submit proposals or offers thereof +for the requisite supplies or services. +Executive +Regulations : Regulations and policies issued by the Cabinet or its delegate +to implement this law. +Directives : Directives and procurement procedures promulgated by the +Minister to enforce the stipulations set forth in this law and +the executive regulations thereof. + +" +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (2) +Law Objectives +1. This law shall regulate the general framework for procurement in the government; and +2. This Law aims at achieving the following: - +a. Determine the principles, controls and standards for government procurement +Federal Law No. (11) of 2023 Concerning procurement in the federal government 5 + processes; +b. Enhance and direct procurement processes in federal agencies in line with the +government digital agenda; +c. Activate digital procurement systems and implement world -leading best policies and +practices throughout the procurement process; +d. Ensure equality, fair treatment and non- discrimination among all participating +suppliers; +e. Involve all relevant stakeholders and participants in the procurement process at federal agencies and ensure that they efficiently and effectively implement such +processes in orde r to guarantee the quality and achieve spending efficiency; +f. Promote integrity, trust, transparency and competition in all procurement process procedures while providing public value and upholding public interest, ensuring +adherence to quality benchmarks , sustainable development goals, and fostering +support for small and medium enterprises, thereby bolstering the national economy; +and +g. Provide flexibility, improve the performance of procurement and contracting processes, and enhance the efficiency of pl anning and procurement management at +the federal level. + +Chapter Two +Scope of Application and Exemptions +" +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (3) +Scope of Application +The provisions of this law shall apply to all procurement and contracting activities and procedures at the following federal agencies: - +1. Ministries and Central Agencies: Ministries established pursuant to Federal Law No. (1) +of 1972 , as amended, regarding the competencies of ministries and the powers of +ministers, councils and agencies and the like that exercise federal executive, legislative +and judicial powers; and +2. Independent Fed eral Agencies: Federal agencies established or are slated for +Federal Law No. (11) of 2023 Concerning procurement in the federal government 6 + establishment, in alignment with the prevailing legislation of the State with the aim of +carrying out specific government tasks or services. They operate under governmental +oversight and are characterised by the following attributes: - +a. Have the independent juristic personality and the legal capacity to act, prepare, +organise and implement its own budget, as granted either by law or by the +incorporation decision; +b. Have a special administrative and organisational structure; and +c. Non -Profit. + +" +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (4) +Exemptions to the Law Scope of Application +1. The provisions of this law shall not apply to the following entities: - +a. Armed forces and the Ministry of Defence; +b. State Security Service; +c. Federal agencies associated with international agreements, obligations, or +international organisations in related to the procurements carried out by such +agencies; +d. Construction projects and contracts; +e. Procurements of a military or security nature con ducted by the Ministry of Interior or +any security -oriented federal agency, sanctioned by the Minister or the relevant +agency head; +f. Procurements for the State representative missions abroad; +g. Procurements made outside the State for the purpose of bein g used abroad; +h. Procurements related to establishing, furnishing and equipping government offices outside the State; +i. Procurements related to medicines and medical supplies; +j. Partnership contracts between federal agencies and the private sector categ orised as +""partnership projects,"" governed by the stipulations outlined in the relevant +partnership project legislation; +k. Procurement and leasing processes of lands and existing building, as well as the sale, +Federal Law No. (11) of 2023 Concerning procurement in the federal government 7 + destruction, and disposal of assets and inven tory, all governed by pertinent +legislation, guidelines, and regulatory policies; +l. Investment activities undertaken by authorised federal agencies as per the governing +provisions and legislations. Such activities aim to achieve a commercial return or financial profit for the agency, distinct from securing requirements and business +thereof, and include transactions such as the acquisition and liquidation of stocks, bonds, currencies, and the like; +m. Financing operations and the issuance of guarantees by a ccredited federal agencies +in conformity with the prevailing provisions and legislations governing such activities; and +n. Federal agencies and procurements exempted based on a Cabinet Resolution, subsequent to consultation with the Ministry perspective. +2. The exemptions stipulated herein shall not exempt the relevant federal agency from being +guided by the provisions of this law, working to take into account objectives thereof, and striving to achieve the best public value for its purchases. + +Chapter Three +Governance and Competencies +" +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (5) +Procurement Process Governance +The present Law and the executive regulations thereof shall regulate the provisions related to the governance of the procurement process, including the role and responsibilities of +federal agencies, councils, committees, and organisational units concerned therewith. + +" +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (6) +Powers Delegation Matrix +1. Decisions regarding the procurement process shall be issued according to the Power +Delegation Matrix. +2. Each federal agency shall determine, by a decision of its head or an equivalent thereof, +Federal Law No. (11) of 2023 Concerning procurement in the federal government 8 + the personnel entrusted with the authorities outlined in the Powers Matrix provided by +the Ministry. +3. Federal agencies may review their own powers delegation matrix and request amendments thereon from the Ministry according to each agency requirements, without prejudice to the general framework of the Powers Delegation Matrix issued by the +Ministry. +4. Independent federal agencies may adopt their own powers delegation matrix, guided by +the Powers Delegation Matrix issued by the Ministry. + +" +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (7) +Federal Agencies Obligations +The Federal Agency shall abide by the following: - +1. Work on advance planning and determine its procurement requirements, including +preparing the annual procurement plan, all while striving to uphold the public best +interests. +2. Develop and implement mechanisms and plans to support the provision of procurement at the highest levels of quality and ensure the provision of the best public value; +3. Choose the appropriate procurement method in light of the requirements, risks, complexities, and supply strategy related to the targeted purchases; +4. Work to reduce the costs incurred when implementing the annual procurement plan, +taking into account achieving the best public value; +5. Manage comprehensive procurement processes for procurement, starting from +defining requirements to awarding procedures and signing contracts, with the +involvement of the necessary organisational units; +6. Ensure complianc e and harmonisation of procurement processes with the principle of +transparency at all stages, including full transparency in disclosing bid evaluation criteria; +7. Work to attract the best suppliers, upholding principles of impartiality and equal treatmen t among all participating vendors, while fostering a competitive environment; +Federal Law No. (11) of 2023 Concerning procurement in the federal government 9 + 8. Create opportunities to attract and encourage small and medium enterprises, national +procurement, local suppliers, and supporting the localisation policy, green companies, +sustainable commercial activities, or products that reduce carbon emissions and +environmental damage; +9. Act as a supervisory authority for all contracts, requests, procurement orders, +amendment requests, and other relevant procurement documents; +10. Manage p ost- contractual activities such as disputes and amendments, following up on +supplier performance, assessing risks, and appointing the appropriate people for +management thereof; and +11. Any other obligations determined under the regulations implementing this law. + +Chapter Four +Procurement system and Purchasing Principles +" +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (8) +Procurement System +1. Procurements shall be submitted through the procurement system unless the law or its +executive regulations stipulate otherwise. Independent federal agenc ies may submit +their procurements through the electronic or digital procurement system or any system used in the federal agency; +2. The regulations implementing this law shall specify the procedures for using the +procurement system, including corresponde nce and communication on the electronic +system, signing contracts, and other related matters that have the necessary legal effect; +3. The procurement system shall have the highest levels of privacy, confidentiality, security, +information transparency and ease of use, while ensuring the procedures integrity; and +4. The procurement system shall allow suppliers to access information and data related to +bids determined by the law and the executive regulations thereof. + + + +Federal Law No. (11) of 2023 Concerning procurement in the federal government 10 + " +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (9) +Transparency and Competition +1. All procurement process procedures shall be subject to the principles of transparency, +freedom of competition and equal opportunities at all stages and shall be implemented +in accordance with the rules and procedures stipulated in this law and its implementing +regulations. +2. To uphold the tenets of transparency and equal opportunities, the relevant federal +agency shall inform the participating suppliers of all major information and decisions +related to the bid or affecting fair competition amongst them. + +" +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (10) +Impartiality +Each federal agency shall adopt mechanisms that enhance the impartiality of the procurement processes and procedures thereof, including at least the following: - +1. All procurement procedures shall be sound, giving due consideration to the public +interest; +2. All personnel involved in procurement processes shall strictly adhere to principles of +integrity, neutrality, and the provisions of the law; +3. Any employee of a federal agency shall be restricted from engaging, either directly or indirectly, in the procurement processes of their respective agency, or via affiliated +companies, institutions, partnerships, or agencies in which they hold an interest; and +4. Employees in charge of the procurement process shall be educated on detecting and +reporting po tential conflicts of interest, and equipping them with protocols to address +such situations, in alignment with the regulations governing such matters. + +" +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (11) +Equality +In procurements procedures, the federal agency shall take into account non- discrimination +between participating suppliers, unless it decides to limit participation to certain categories +Federal Law No. (11) of 2023 Concerning procurement in the federal government 11 + in accordance with the stipulations of the law and the executive regulations thereof. + +" +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (12) +Protecting Supplier Information +1. Federal agencies shall protect suppliers confidential information and sensitive business +information, including information that affects fair competition between participating +suppliers. +2. The federal agency may not disclose confidential information or sensitive business +information except in the following cases: - +a. Upon a written consent of the relevant participating supplier; +b. Due disclosure in accordance with the provisions of the law, an international +agreement, a judicial order or the order of a regulatory authority; +c. Shall there arise a necessity for selective disclosure, it shall be explicitly stated in the +tender announcement documents and ratified by the suppliers upon participat ion +thereof in the tender process; or +d. Any other cases or provisions stipulated in the regulations implementing this law. + +" +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (13) +Public Interest +1. Federal agencies shall attainment of public interest when submitting any of their +procurements. +2. The public interest includes benefits that help achieve the government's strategic visions +and priorities, such as creating commercial opportunities for local companies and commercial activities, supporting small and medium enterprises, national products, local +suppliers, green companies, sustainable commercial activities, or products that reduce +carbon emissions and environmental damage. The regulations issued in implementation +of this law shall specify the special provisions and preferential features wit h regard to the +public interest in procurements processes. + +Federal Law No. (11) of 2023 Concerning procurement in the federal government 12 + " +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (14) +Procurements Overall Value +1. Purchasing decisions shall be based on achieving the highest public value and securing +the best possible outcomes against the cost of procurement throug hout the procurement +cycle and the contract duration and in accordance with the provisions of this law and its executive regulations. +2. The procurements overall value is achieved in the following cases: - +a. If the costs thereof offset the total benefits of the purchases; +b. If such value contributes to achieving the results sought to be achieved by the federal agency in terms of purpose, quality, etc.; or +c. If such value achieves the State public interest, whether social, environmental, +economic, cultural, or otherwise. + +" +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (15) +Procurement Planning +1. Each federal agency shall annually prepare a procurement plan concurrently with the preparation of its annual budget. This plan shall entail a strategic approach to address the +federal agency requirements, informed by a comprehensive analysis of market conditions, +proposed procurement methodologies, and associated risks. The plan shall detail +estimated costs budget, anticipated timelines, and evaluation metrics. Furthermore, it shall +articulate the public interest objectives sought through such procurements. Amendments +to this procurement plan by the federal agency during the fiscal year shall align with the +evolving priorities and exigencies thereof. +2. Federal agencies shall, before submitting procurements thereof, assess the public interest +to be achie ved and whether the purchases contribute to achieving any of the government +priority strategic outputs. +3. The federal agency may publish information about procurement plan thereof for the coming months or years, including key information about its work an d purchases for such +period. The federal agency may also publish a prior announcement about any potential +Federal Law No. (11) of 2023 Concerning procurement in the federal government 13 + purchases. +4. Publishing any information about the relevant federal agency procurement plan does not +entail any obligation thereon to submit such proc urements. + +Chapter Five +Procurement Provisions and Methods +" +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (16) +Procurement Methods +1. Federal agencies shall submit procurements thereof in a public tender announced through the procurement system, and they may use other procurement methods in +accordance with the provisions specified by this law and its implementing regulations, +provided that this shall not lead to limiting competition. +2. Taking into account the provisions of Clause (1) of this Article, federal agencies shall +choose the best purchasing method that achieves the highest public value for their +purchases. +3. The regulations implementing this law shall specify all types of purchasing methods and +their provisions and procedures. +4. When the federal agency wishes to solicit offers, it may pre -qualify the participating +suppliers to verify the availability of the necessary qualifications and capabilities, +including their technical capabilities, financial and administrative capabilities, the size of +their obligations, and their ability to pe rform. + +" +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (17) +Tender and Procurements Announcement +1. The federal agency shall publicly submit procurement bids, unless specific conditions +outlined in the regulations promulgated under this law necessitate alternative bidding +methodologies. +2. The advertisement process shall, at a minimum, encompass the following stages: - +a. Publish the procurement or tender opportunity announcement via the electronic or +Federal Law No. (11) of 2023 Concerning procurement in the federal government 14 + digital procurement system or any other system used by the federal agency; and +b. Provide the ability for participating suppliers to view all relevant bid documents. + +" +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (18) +Tender Announcement Content +The tender announcement shall encompass comprehensive details necessary for +participating suppliers to formulate and submit their bids, including, but not limited to, the +following: - +1. Name of Concerned Federal Agency; +2. Clarification of the used purchasing method; +3. Description of the required purchases, technical specifications thereof, plans and +drawings, if any, along wit h instructions and outputs; +4. Determination of the required or estimated quantities of purchases; +5. Contracting terms and conditions and contract duration; +6. The levels of service and implementation required to be achieved by the supplier; +7. Evaluation mechanism and criteria and the weight of each criterion; +8. Deadline for submitting bids and procedures for submitting the same on the +procurement system; and +9. Any other data deemed necessary by the federal agency to be included in the +ann ouncement. + +" +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (19) +Duration of submissions and response to the announcement +1. Participating suppliers shall have sufficient time to address the tender announcement. The federal agency shall judiciously determine this time -frame, factoring in pertin ent +elements such as the nature and complexity of procurement, as well as the extent of information and specifications essential for bid preparation. +2. In all cases, bidding period shall not be less than the periods specified by the regulations +implementing this law, and the federal agency may extend the period if deemed necessary thereby. +Federal Law No. (11) of 2023 Concerning procurement in the federal government 15 + 3. If the federal agency issues clarifications or amendments to the tender announcement, +the deadline for addressing the tender announcement may be extended in a way that +allows participating suppliers to take them into consideration. + +" +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (20) +Inquiries and requests from participating suppliers and providing timely +responses thereto +1. Participating suppliers may raise inquiries and request reasonable and necessary data to +evaluate the tender within the period specified by the tender announcement. +2. The federal agency shall respond to all reaso nable inquiries and requests urgently. Shall +the agency find itself unable to provide a timely response that allows participating +suppliers to formulate their submissions, it reserves the right to extend the response +deadline accordingly. +3. All participat ing suppliers in competition shall be notified of inquiries directed to the +federal agency concerning the bid and the corresponding responses provided. Nonetheless, the identity of the inquiring party or any confidential or sensitive +commercial information pertaining to individual suppliers shall remain undisclosed to +competitors. +4. A meeting may be held with the participating suppliers before submitting the final +responses, upon the request of any of them, to provide general information about the +project and clarify inquiries (if any). Notes for these meetings shall be recorded and +made available to all participating suppliers. + +" +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (21) +Tender Announcement Cancellation or Modification +1. The federal agency may cancel or amend the procedures for bidding or announcing the tender at any time before the deadline for submitting responses, in accordance with the +conditions and procedures specified by the regulations implementing this law, and no +bids may be opened after the cancellation decision. +Federal Law No. (11) of 2023 Concerning procurement in the federal government 16 + 2. The federal entity shall publish on the procurement system and inform all suppliers +participating in the tender at the same time of any cancellation or change that occurs in +the bid requirements or the tender announcement. +3. The federal agency shall provide suff icient time for participating suppliers, who have +previously submitted bids, to address any amendments. Shall it be deemed essential, the +agency may extend the bid submission deadline to facilitate suppliers in revising +responses thereof. + +" +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (22) +Bid Evaluation Criteria +1. Bids regarding tenders shall be evaluated in a transparent and fair manner using evaluation criteria related to the procurement subject, which may include the following: - +a. Financial Cost +b. Procurement operating and maintaining cost. +c. Duration of procurement delivery and completion. +d. Procurements conformity to the required characteristics and specifications (technical, environmental, practical, or otherwise). +e. Terms of payments and guar antees. +f. The experience, reputation, competence and professionalism of the supplier involved in providing the type of required procurements. +g. Any other evaluation criteria stipulated in the regulations implementing this law. +2. A margin of preference m ay be granted in favour of participating suppliers who achieve +the best public interest or added national value, or in favour of locally produced +procurements, or to stimulate local small and medium enterprises, in accordance with +the stipulations of the r egulations implementing this law. +3. Non -price evaluation criteria shall be impartial, aligned with the nature of the intended +procurements, and quantitatively measurable to the greatest extent feasible. +4. The tender announcement shall explicitly and comp rehensively delineate the criteria, +evaluation methodology employed, and the relative significance or weight assigned to each criterion. +Federal Law No. (11) of 2023 Concerning procurement in the federal government 17 + 5. Bids shall be evaluated in accordance with the evaluation criteria, methodology, and +assigned weights as delineated in the tender announcement. Any standards or +procedures not explicitly announced may not be employed, consistent with the +stipulations of this article . + +Chapter Six +Awarding Provisions and Controls +" +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (23) +Negotiation +1. The federal agency may negotiate with participating suppliers to reach a technical or +financial agreement in the cases specified by the executive regulations of the present +law. +2. Negotiating with participating suppliers is a mandatory step in the supply process if the +total value of the contract is higher than the value determined by the executive +regulations of the present law. + +" +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (24) +Excluding suppliers and cancelling the award decision +1. The federal agency may exclude participating suppliers f rom the bid for one of the +following reasons: - +a. The bid submitted by the participating supplier does not meet the minimum basic +requirements specified in the tender announcement. +b. Failure of the participating supplier in the implementation of previous p rocurement +proposed by one of the federal agencies, or any of the cases of stopping dealing with the supplier as determined by the regulations implementing this law; +c. Failure of the participating supplier to fulfil the financial obligations thereof towar ds +the government, including taxes, fees, etc.; +d. Failure of the participating supplier to adhere to the timelines stated in the bids request; or +Federal Law No. (11) of 2023 Concerning procurement in the federal government 18 + e. Any other reason specified by the Regulations implementing the Law. +2. The federal agency has the right to cancel the award decision if the awarded supplier +commits a serious error that affects transparency, integrity, or competition, such as +detecting any of the following: - +a. The supplier engagement in unethical practices or provision of incorrect data; +b. It is proven that the bid violates any of the legislation in force in the State; +c. If the award results in a negative impact on national security or the confidentiality of +sensitive government information; or +d. If the supplier offers bribery, illegal kickbacks, bid rigging, fraud, or power abuse with +the aim of illegally influencing the procedures of the procurement process, without +prejudice to the provisions of any other relevant law or legislation. +3. The federal agency shall inform the excluded participating supplier of the exclusion +decision and provide reasons on which this decision was based. +4. The regulations implementing this law shall determine the competent authority to issue +the exclusion decision in the federal agency. + +" +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (25) +Exclusion of a bid due to low price +1. A bid shall not be dismissed solely on the basis of a low price unless the federal agency determines that such a price is notably below the projected cost and current market +rates, p otentially jeopardising the supplier capability to meet contractual obligations. In +such instances, the concerned federal agency shall engage in deliberations with the supplier submitting the lower -priced offer, seeking a comprehensive breakdown of the +bid components and justification for the reduced price. Shall the agency entity remain +unconvinced of the supplier capacity to honour contractual commitments, it reserves +the right to decline the bid. +2. The federal agency shall inform the excluded supplier o f the exclusion decision and +provide reasons on which this decision was based. + + +Federal Law No. (11) of 2023 Concerning procurement in the federal government 19 + " +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (26) +Award +The bid shall be awarded in accordance with the procedures specified by the regulations +implementing this law and based on the evaluation criteria contained in the tender +announcement. The bid shall be awarded to the participating supplier who submitted the bid that meets the following elements: +1. Fulfilling the contract requirements and conditions and proving the abilit y and +capabilities necessary to implement the contract in accordance with the required +provisions. +2. Achieving the public interest and the best public value during the entire contract period. + +" +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (27) +Informing suppliers of bid awarding decision +1. Upon the conclusion of bid evaluations and the subsequent award decision, all +participating suppliers shall be duly notified of the selection of the winning bidder. +2. Shall the selected winning supplier fail to submit the requisite documents or execute the contract within the time -frame prescribed by the regulations under this law, without a +valid justification, the federal agency reserves the right, following due notice, to rescind the award. Subsequently, the agency may opt to award the contract to the next most +suitable participating supplier or decide to re -bid. + +" +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (28) +Publication of the Award Decision +The details of the award decision may be published on the procurement system within (30) thirty days from the completion of the award and the signing of the contract, and the +publication shall include all the main data of the bid in accordance with the stipulations of +the regulations implementing this law. + + +Federal Law No. (11) of 2023 Concerning procurement in the federal government 20 + " +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (29) +Award Decision Justifications +Without prejudice to the right of the participating supplier to file a grievance before the +relevant federal agency within the deadlines stipulated in Article (38) of this law, any +supplier not selected as the winner may petition the federal agency for elucidation on the reasons for their non -selection, encompassing both the merits and demerits observed during +the award process. Upon such a request for clarific ation, the federal agency shall furnish a +response within the duration stipulated in the regulations governing this law . + +Chapter Seven +Contract Provisions and Controls +" +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (30) +Procurement contract +The procurement contract shall regulate the provisio ns of the contract and the obligations +and rights of parties thereto and shall be prepared in a manner that shall not contravene this +law and the regulations implementing it. In the event of any disputes or disagreements +between the federal agency and the supplier, reference shall be to the procurement contract +as it is the legal document regulating the contractual relationship between them. + +" +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (31) +Preparing Procurement Contracts +1. The regulations issued in implementation of the present law shall s pecify the types and +forms of standard procurement contracts. +2. Federal agencies may draft contracts for their procurement processes as deemed +necessary depending on the nature and complexity of the procurement. + +" +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (32) +Contract Signing +The procurement contract shall be signed between the federal agency and the awarded +Federal Law No. (11) of 2023 Concerning procurement in the federal government 21 + supplier after being informed of the award decision and submitting a letter of guarantee of +good performance if required, in accordance with the procedures and forms specif ied by the +regulations implementing this law. + +" +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (33) +Amendment to the contract +1. Shall there arise a necessity to modify the contract or introduce alterations to the +proposal encompassing adjustments to project scope, timelines, e xpenses, or contractual +terms (such changes shall align with the guidelines, procedures, and prescribed limits +delineated in the regulations that accompany this law. ) Furthermore, requisite approvals +shall be secured in adherence to the Powers Delegation M atrix. +2. Any request to amend a procurement contract shall be based on acceptable reasons and justifications, and the availability of the necessary financial funds for any amendment +shall be verified, regardless of its value. + +" +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (34) +Contract Waive r and Subcontracting +1. The contracting supplier may not waive the contract or any part thereof to another +supplier nor may they subcontract except after obtaining prior written approval from the +federal agency. The regulations implementing this law shall specify the conditions and +controls in this regard. +2. The federal agency may provide payments directly to the sub -supplier, and the +regulations implementing this law shall determine the conditions and controls in this +regard. +3. The contracting supplier, in all cases, shall bear joint responsibility with any +subcontractor for the fulfilment and execution of the contract. + + + +Federal Law No. (11) of 2023 Concerning procurement in the federal government 22 + " +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (35) +Payment to Suppliers +1. Federal agencies shall make payments to suppliers in accordance with the stipulated +provisions and dates. +2. In the event of subcontracting, the contracting supplier shall remunerate the sub-suppliers promptly upon the agreed -upon payment timelines. It is imperative that +the payment terms established for sub -suppliers shall align with those mutually agreed +upon between the primary supplier and the relevant federal agency. + +" +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (36) +Intellectual Property +If the procurement includes the creation of new i ntellectual property rights that are expected +to benefit federal agencies, the tender announcement shall clearly state the purpose of such +rights and whether the federal agency intends to own them, obtain a licence to use them, or +intends to exploit them f or its activities in the future. + +" +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (37) +The enforced law and dispute resolution +1. The laws in force in the State shall be applied to the procurement contract. However, based on the approval of the minister or head of the relevant federal agency, w hen +deemed appropriate, it may be agreed upon to apply a foreign law on contracts executed abroad. +2. The parties shall implement obligations thereof stipulated in the contract in accordance +with its terms and conditions without prejudice to this law and t he executive regulations +thereof. If any party fails to implement its obligations, the other party may resort to the +competent courts within the State. +3. The executive regulations of the present law shall det ermine other means of settling +disputes resulting from the implementation of a procurement contract concluded in accordance with the provisions hereof and the procedures and conditions for resorting +Federal Law No. (11) of 2023 Concerning procurement in the federal government 23 + to such means. + +Chapter Eight +Considering Complaints +" +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (38) +Grievance against the decisions of the federal agency +1. Every participating supplier shall have the right to file a grievance before the federal +agency regarding any decision taken thereby prior to the awarding decision, within (5) +five business days as of the date of being notified of the decision. Each supplier shall also +have the right to file a grievance before the federal agency regarding the awarding +decision, within (5) five business days as of the date of issuing the award decision. +2. The federal agency shall impartially decide on the grievance within the period specified +in the regulations implementing this law. If such period lapsed without responding to the +grievance, this shall be considered a rejection of the grievance. +3. The regulations implementing this law shall specify the mechanisms and controls for +grievance and response, the relevant time limits, its procedures, and the authority +competent to decide thereon. + +Chapter Nine +General Provisions +" +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (39) +Procurement Contracts and Offering Documents Language +1. Contracts, offering documents, annexes thereof, and related correspondence shall be +drafted in Arabic, and English may be used instead as per the federal agency deems +necessary. +2. The procurement contract shall include c larification of the language adopted for +interpretation and implementation, and determine its specifications, plans, and +correspondence related thereto when two languages are used in drafting the contract or +document. +Federal Law No. (11) of 2023 Concerning procurement in the federal government 24 + " +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (40) +Contracting Among Federal Agencies +Federal agencies and wholly government -owned companies, whether at the local or federal +level, may contract with each other by direct agreement without substantive or procedural +subjection to this law, provided that they themselves shall undertak e the implementation of +the works or secure procurements, and they may also act on behalf of each other in initiating contracting procedures. + +" +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (41) +Exception from the provisions of the law +The Cabinet may make an exception to any provision of this law, as deemed necessary, and +upon the request of the relevant federal agency, specifying the subject of the exception and +justifications thereof. + +" +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (42) +Regulations implementing the Law +1. The Cabinet shall issue the regulations implementing this law, including the following: +a. Detailed terms, procedures and conditions of the procurements process on the procurement system; +b. Roles of organisational units concerned with procurement in federal agencies; +c. Define the tasks and roles of procurement committees in federal agencies; +d. Determine the methods, categories and levels of purchasing and the provisions +related thereto; +e. Provisions related to the procurement Powers Delegation Matrix; +f. Define procure ment processes and detailed provisions related thereto; +g. Determine the types and forms of contracts; +h. Non -conformities; +i. Forms used in procurement; and +j. Any provisions, procedures or work directives that may regulate procurement +Federal Law No. (11) of 2023 Concerning procurement in the federal government 25 + processes in federa l agencies, along with determining the entities concerned with +issuing them. +2. The Minister shall issue the necessary directives and procedures to implement the +provisions of this law and the executive regulations thereof. +3. Independent federal agencies may adopt their own procurement regulations or policies +in accordance with the provisions of this law, provided that their preparation is guided +by the regulations implementing this law. + +" +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (43) +Repeals +1. Any provision that violates or contradicts the provisions of this Law shall be repealed. +2. Cabinet Resolution No. (1/1) of 2022, pertaining to the endorsement of the digital +procurement policy for the federal government, and Cabinet Resolution No. (4) of 2019 , +addressing the procurement and warehouse management Regulations within the federal +government, shall persist in application, provided they shall not contradict the +stipulations of this law. Such c ontinuity remains in effect until the formulation and +issuance of regulations, directives, and any pertinent policies aligned with this legislation. + +" +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (44) +Contracts concluded prior to this law +Provisions of this law shall not apply to procurements by federal agencies concluded prior to its enactment. Such procurements shall remain governed by the contracts and legislations +applied thereto at the time of their formation. Any modifications, renewals, or extensions +thereof shall only be permissible in alignment with the regulations set forth in this law. + + + +Federal Law No. (11) of 2023 Concerning procurement in the federal government 26 + " +finance and banking,Federal Law No. (11) of 2023 Concerning procurement in the federal government,"Article (45) +Law Publication and Enforcement +This Law shall be published in the Official Gazette and shall enter into force as of the day +following the date of its publication. + + + + + + +Mohammed Bin Zayed Al Nahyan +President of the United Arab Emirates + +Issued by Us at the Palace of the Presidency in Abu Dhabi: +On: Jumada I 13, 1445 H +Corresponding to: November 27, 2023 + " +finance and banking,"Decretal Federal Law No (9) of 2018, Regarding Public Debt","Article (1) +Definitions +In the implementation of provisions of this decretal law, and unless the context otherwise +requires, the following words and expressions shall have the meaning cited against each: +The State: : The United Arab Emirates. +The +Government : The UAE Federal Government. +The Local +Government : The Government of any of the Union member emirates . +The Minister : The Minister of Finance. +The Ministry : The Ministry of Finance. +The Central +Bank : The Central Bank of the United Arab Emirates +The Governor : The Governor of the Central Bank +The Office : The Public Debt Management Office +Public Debt : Direct and indirect outstanding obligations, denominated in the UAE +Dirham or any other foreign currencies, owed by the Government, in +accordance with the provisions of this decretal law. +Local Public +Debt : Direct and indirect outstanding obligations, denominated in the UAE +Dirham or any other foreign currencies, owed by one Local Government or +more, in accordance with the provisions of this decretal law. Decretal Federal Law No (9) of 2018 Regarding Public Debt 3 + Public Debt +Instrument : Any debt instrument issued by the Government or which is a party of, in +accordance with this decretal law, and contains a commitment by the +Government to pay a certain amount of funds, including Islamic financial +instruments, treasury bonds, promissory notes, treasury bills, debt +rescheduling bills, government bonds, general or commercial loans, credit +facilities, or payment guarantees. +Local Public Debt +Instrument : Any debt instrument issued by the Local Government of any emirate or +which is a party of, in accordance with this decretal law, and contains a +commitment by the Local Government to pay a certain amount of funds, +including but not limited to financial instr uments referred to in the +definition of Public Debt Instrument. +Outstanding +Public Debt : The total current and outstanding balance of the issuances of the +Government and its related entities, which has not been paid. +Public Debt +Surplus : The remaining of the amount of the value of issued Public Debt +Instruments, which has not been committed in accordance with the +provisions of this decretal law. +Government +Own -Stable +Revenues : Fiscal revenues resulting from the provision of Government s ervices and +the carry -on of its various activities, for which no fixed and compulsory +amount is required to deem such a revenue as stable. This revenue may +vary between specific percentages, up or down, but not exceeding 10% of +the arithmetic average for t he last three (3) years. +Government +Entities : Public authorities and institutions, and corporations that are wholly owned +by the Government or owned wholly by a Government owned entity. +The Electronic +Registry : The electronic registry established at the Ministry for registering the +ownership of Public Debt Instruments. + + Decretal Federal Law No (9) of 2018 Regarding Public Debt 4 + " +finance and banking,"Decretal Federal Law No (9) of 2018, Regarding Public Debt","Article (2) +The Purposes of This Decretal Law +1. This Decree -Law regulates the general rules governing the issuance and management of +Public Debt in accordance with a prudent and safe policy, to manage its risks and minimize +its cost. +2. The Government may issue or be a party to one or a group of Public Debt Instruments to +achieve any of the following: +a. Support and develop a highly efficient financ ial market in the State. +b. Finance infrastructure projects and governmental development projects as approved by +the Cabinet. +c. Contribution of Public Debt Instruments to the development and diversification of +primary and secondary financial markets in the Stat e. +d. Support the implementation of the Central Bank's monetary policy. +e. Refinance or substitute an outstanding Public Debt. +f. Cover any financial guarantee issued by the Government in accordance with the +provisions of this decretal law. +g. Settlement of any other emergency government financial obligation approved by the +Cabinet, based on a proposal by the Minister. +h. Any other objectives that are consistent with the purposes of this decretal law, approved +by the Cabinet. + +" +finance and banking,"Decretal Federal Law No (9) of 2018, Regarding Public Debt","Article (3) +The Public Debt Management Office +1. An office for the management of Public Debt, shall be established, under the name of +""Public Debt Management Office"", in the Ministry, which is directly subordinate to the +Minister, and shall have the following jurisdictions: +a. Propose strategies and policies of Public Debt management in coordination with the +Central Bank and submit them to the Minister for approval by the Cabinet. Decretal Federal Law No (9) of 2018 Regarding Public Debt 5 + b. Implement strategies and policies approved by the Cabinet in coordination with the +Central Bank. +c. Provide advice to the Minister regarding the preparation of proposals related to the +issuance of Public Debt Instruments to be submitted to the Cabinet, in coordination with +the Central Bank. +d. Monitor financial risks and any other risks related to the issuance and trading of any Public Debt Instrument, and propose solutions to manage and monitor such risks. +e. Provide advice to the Minister regarding investment options for any Public Debt Surplus +through safe and highly liquid investment instruments, in coordination with the Central +Bank and the Emirates Investment Authority. +f. Provide advice to the Minister to determine the level of acceptable risks when borrowing or issuing any guarantees for the purpose of implementing any of the governmental +development projects. +g. Coordinate with the Central Bank regarding the management of issuance and sale of +Government bonds, treasury bills, and any other government securities. +h. Manage the issuance and sale of any other Public Debt Instruments, in coordination with the Central Bank. +i. Coordinate with t he Local Government in each emirate to support and develop highly +efficient primary and secondary financial markets, through the issuance of Public Debt Instruments in the State. +j. Provide advice to the Minister on policies and procedures to be undertaken in order to +reduce the costs of Public Debt portfolios, and to maintain the levels of associated risks +within acceptable levels. +k. Prepare the annual debt issuance plan. +l. Identify clear short - and long -term objectives for Public Debt management in the State. +m. Provide necessary reports regarding the proper management for the implementation of +Public Debt in the State. +n. Any other functions that are assigned to the Office by the Minister within the framework Decretal Federal Law No (9) of 2018 Regarding Public Debt 6 + of the purposes stipulated in this decretal law. +2. The Minister shall issue a resolution regarding the organizational structure of the Office and +the bylaws governing its functions. + +" +finance and banking,"Decretal Federal Law No (9) of 2018, Regarding Public Debt","Article (4) +Issuance of Public Debt Instruments +1. A law shall govern the issuance of Public Debt. This law shall specify the followin g: +a. The purposes of issuing the instrument(s). +b. The ceiling of the total amount for the instrument(s) to be issued. +c. The period of issuance and offering of the instrument(s) and the maturity date for +payment. +2. The Cabinet, based on a proposal by the Minister, may issue resolutions on the following: +a. Type of the Public Debt Instrument(s). +b. The way the Public Debt Instrument(s) is(are) to be offered. +c. Reissuance of the Outstanding Public Debt within the limits specified in the issuance law. +and may delegate the Minister to take necessary measures to implement the provisions of this +law regarding the management of the Public Debt Instrument(s) and the resolutions of the +Cabinet in this regard. + +" +finance and banking,"Decretal Federal Law No (9) of 2018, Regarding Public Debt","Article (5) +The terms of any Public Debt Instrument shall not be amended after announcing the conditions +of its offering and trading. + +" +finance and banking,"Decretal Federal Law No (9) of 2018, Regarding Public Debt","Article (6) +The Total Maximum Amount for Outstanding Public Debt +The total amount of Outstanding Public Debt shall not, at any time, exceed the amount determined by the Cabinet, at a maximum of Two Hundred Fifty per cent (250%) of the Decretal Federal Law No (9) of 2018 Regarding Public Debt 7 + Government Own- Stable Revenues. For the purposes of this article, neither the Public Debt +Surplus nor the proceeds of its investment shall be included in the total Outstanding Public Debt. + +" +finance and banking,"Decretal Federal Law No (9) of 2018, Regarding Public Debt","Article (7) +The share of Public Debt that is allocated for infrastructure projects or their financing shall not +exceed Fifteen per cent (15%) of the total Outstanding Public Debt at any time. + +" +finance and banking,"Decretal Federal Law No (9) of 2018, Regarding Public Debt","Article (8) +Management of the Public Debt Surplus +The Minister shall be authorized to conclude one agreement or more with the Central Bank and the Emirates Investment Authority or with both parties to invest any funds that have been +registered by the Ministry as Public Debt Surplus. + +" +finance and banking,"Decretal Federal Law No (9) of 2018, Regarding Public Debt","Article (9) +The Strategy of Public Debt Management +1. The Minister shall prepare a strategy and an action plan for the management of the Public +Debt and shall update it annually or whenever it deems necessary, in coordination with the Governor to achieve the objectives of this decretal law. +2. The Minister shall submit the strategy and the action plan for Public Debt Management to +the Cabinet for approval. +3. The strategy and the action plan for Public Debt Management shall be published in the +Official Gazette, following its approval by the Cabinet. + +" +finance and banking,"Decretal Federal Law No (9) of 2018, Regarding Public Debt","Article (10) +Settlement of Public Debt Instruments +1. A Public Debt Instrument shall be considered as an absolute and unconditional obligation +on the Government to be settled from its resources, and shall has a privilege right for Decretal Federal Law No (9) of 2018 Regarding Public Debt 8 + settlement before all other debt. +2. Funds req uired for the settlement of Public Debt and its service shall be included, annually, +in the State's general budget. +3. The Minister may delegate the Central Bank to withdraw, automatically, from the +Government's accounts held at the Central Bank for the settl ement of any of the Public Debt +Instruments. +4. Should the settlement date for Public Debt or any of its obligations fall on an official holiday of the government or banks operating in the State, the first following business day shall be +the due date for settlement, unless otherwise stated in the loan agreement, entered into by +the Government or any of the Government Entities. + +" +finance and banking,"Decretal Federal Law No (9) of 2018, Regarding Public Debt","Article (11) +Financial Guarantees of the Government +1. Without prejudice to the text of article (6) of this Decree by Law, the Gove rnment may +provide one governmental financial guarantee or more on behalf of any of the Government Entities, based upon a recommendation from the Minister and the Cabinet's approval. +2. The Cabinet shall, based upon a proposal by the Minister, issue a resolut ion to specify the +terms and conditions governing the issuance of the governmental financial guarantee. +3. The Minister shall be authorized, by virtue of this Decree by Law, to issue the required +governmental financial guarantee to implement the Cabinet resolution referenced in clause +(1) of this article. +4. The Minister shall notify the Federal National Council of the guarantees provided by the +government, when implementing the provisions of this article, within (30) thirty days – at +most – from the date of its provision. + +" +finance and banking,"Decretal Federal Law No (9) of 2018, Regarding Public Debt","Article (12) +Re-lending Borrowed Funds +Re-lending of collected funds from the issuance of any Public Debt Instrument may be approved, Decretal Federal Law No (9) of 2018 Regarding Public Debt 9 + by a Cabinet resolution in order to achieve any of the objectives specified in article (2) of this +decretal law. Such a resolution shall specify the category of eligible parties to borrow, total +amount allocated for re -lending, and the terms of settlement for the amount borrowed. + +" +finance and banking,"Decretal Federal Law No (9) of 2018, Regarding Public Debt","Article (13) +Public Debt Management Report +1. The Minister shall submit an annual re port regarding the management of the Public Debt to +the Cabinet for endorsement within the first three months of the beginning of each financial +year for the Government. The report shall include a review of the activities of the previous +financial year com pared to the approved strategy for the management of Public Debt along +with an overview for the current financial year's borrowing plans based on expectations +referred to in the State's annual budget. +2. The report shall be published in the Official Gazette o nce endorsed by the Cabinet. + +" +finance and banking,"Decretal Federal Law No (9) of 2018, Regarding Public Debt","Article (14) +Audit +1. The Office shall have one external auditor or more selected from the pool of licensed audit +firms in the State. The Minister shall issue a resolution to appoint the external auditor for a +one -year term, renewable, and shall determine in this resolution the applicable fees. +2. The external auditor shall conduct the audit of the accounts of the Office and shall prepare a +report every three (3) months regarding the extent to which the Office implements the +prov isions of this decretal law and the resolutions in implementation thereof with respect to +these accounts, and shall submit the report to the Minister. +3. The external auditor may, at any time, review records of the Office, its accounts, and all +other document s; and may request clarifications as deemed necessary for the performance +of its functions, review the outstanding rights and obligations related to the activities of the Office, in accordance with the provisions of this decretal law and the resolutions in +implementation thereof. Decretal Federal Law No (9) of 2018 Regarding Public Debt 10 + " +finance and banking,"Decretal Federal Law No (9) of 2018, Regarding Public Debt","Article (15) +Listing and Registration +1. Public Debt Instruments shall be issued in electronic forms (book -entry) and shall be +registered in an Electronic Registry. Public Debt Instruments may also be issued in the form +of paper certificates. +2. Public Debt Instruments offered for public subscription shall be listed on one financial market or more operating in the State, in accordance with the provisions of the Federal Law +No. (4) of 2000 , Regarding the UAE Securities and Commodities Authority & Market, and +amendments thereto. As an exemption from the provisions referred to in the aforementioned law an d the decisions issued pursuant thereto, Public Debt Instruments +shall be traded in accordance with the trading provisions issued for the implementation of +the provisions of this decretal law. +3. The Minister shall issue, in coordination with the Securities and Commodities Authority and +the Central Bank, all executive bylaws and resolutions that concern the issuance and +registration of Public Debt Instruments as well as the provisions of trading, clearing and +settlement, and the registration of any liabilitie s thereon, within six (6) months from the +date of this decretal law comes into effect. +4. Data and records in the registry of Public Debt Instruments, held in accordance with the +provisions of item (1) of this article, including records related to the trading of the Public +Debt Instrument, shall have authoritative legal power as granted by the decretal law to the +official documents. +5. As an exemption from the provisions and rules of evidence set forth in any other law, claims +that pertain to Public Debt Instrume nts may be documented by all legally recognized +methods of proof, including electronic data, telephone records, facsimile mailings, and e - +mail; provided that any of these correspondence methods is supported by the recipient of +the subject communication. + + Decretal Federal Law No (9) of 2018 Regarding Public Debt 11 + " +finance and banking,"Decretal Federal Law No (9) of 2018, Regarding Public Debt","Article (16) +Public Debt Management Offices in the Emirates +1. The Local Government in each emirate shall, in case of issuing Local Public Debt +Instruments, establish an office that has, at least, the same competencies as provided in +article (3) of this decre tal law, at the level of the concerned administration. +2. Each Public Debt Management Office in the concerned emirate shall take necessary measures to implement the provisions of item (1/i) of article (3) of this decretal law, and +shall, as requested, provide the Public Debt Management Office established in accordance +with this decretal law all the data, information, and statistics necessary for the preparation and issuance of reports, data, statistics, resolutions, and recommendations referred to in this +decr etal law. + +" +finance and banking,"Decretal Federal Law No (9) of 2018, Regarding Public Debt","Article (17) +Statute of Limitations for Claims +1. No claim by the Government for any dues that are owed by any party in accordance with +the provisions of this decretal law shall be heard beyond five (5) years following the +emergence of the claimed right. +2. No claim by any party for any dues that are owed by the Government in accordance with +the provisions of this decretal law shall be heard beyond five (5) years following the +emergence of the claimed right. + +" +finance and banking,"Decretal Federal Law No (9) of 2018, Regarding Public Debt","Article (18) +Exemption from Fees and Taxes +Issuance of any Public Debt Instrument, payment of its value, its returns, interest, or profits resulted therein shall not be subject to any federal or local fees or taxes. + + + Decretal Federal Law No (9) of 2018 Regarding Public Debt 12 + " +finance and banking,"Decretal Federal Law No (9) of 2018, Regarding Public Debt","Article (19) +Issuing of Loan Bonds by Government Entities +No Government Entity shall issue loan bonds or Islamic financial instruments without the prior +approval of the Cabinet. The request for approval shall include the amount of the loan bonds or +the Islamic financial instruments to be issued, the purpose of issuing them, and the financial +sources or the investments to be allocated for the settlement of incurred debt. + +" +finance and banking,"Decretal Federal Law No (9) of 2018, Regarding Public Debt","Article (20) +Oversight of Government Entities' Borrowing +Without prejudice to the provision of article (19) of this decretal law, the Office shall oversee the +borrowing or financing arrangements made by Government Entities, provided that the sum of +such arrangements, in any year, exceeds the capital of the relevant entity for the given year. The Office shall be authorized to request and receive necessary inform ation related to such +arrangements; and shall determine, upon receipt of such information, the policies and procedures to be considered by the concerned entity to manage its borrowing or financing arrangements. + +" +finance and banking,"Decretal Federal Law No (9) of 2018, Regarding Public Debt","Article (21) +Executive Bylaws +The Cabinet s hall issue necessary resolutions to implement the provisions of this decretal law. + + + + + + Decretal Federal Law No (9) of 2018 Regarding Public Debt 13 + " +finance and banking,"Decretal Federal Law No (9) of 2018, Regarding Public Debt","Article (22) +Decretal Law Publication and Application +This decretal law shall be published in the Official Gazette, and shall come into force on the day +following t he date of its publication. + + + + +Khalifa Bin Zayed Al Nahyan +President of the United Arab Emirates + + +Promulgated by us at the Presidential Palace, Abu Dhabi on: +Muharram 10, 1440 Hijri +September 20, 2018 Gregorian " +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (1) +Definitions +For the purpose of applying the provisions of this Decree Law, the following words and +expressions shall bear the meanings assigned thereto respectively, unless the context +requires otherwise: + The State : The United Arab Emirates + The Ministry : The Ministry of Justice + The Minister : The Minister of Justice + Head of Local +Judicial +Authority : The heads of local judicial bodies according to the legislation +regulating their work. + The Committee : The Lawyers and Legal Consultants Affairs Committee that is +established pursuant to article (79) hereof. + The Competent +Department : The Ministry's Lawyers and Legal Consultants Affairs +Department +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 3 + The Roll : A paper or electronic document kept by the Competent +Department f or recording the lawyers' data, and each of +which shall have an independent roll according to the +provisions of this Decree Law and its Executive Regulations. + The Register : The pape r or electronic document kept by the Competent +Department for recording the data of lawyers' assistants; i.e. +legal researchers, legal consultants and representatives, +according to the provisions of this Decree Law and its +Executive Regulations. + The Lawy er : The natural person whose name is recorded in the roll of +practicing or non -practicing lawyers with the Ministry. + Legal +Consultant : The natural person whose name is recorded in the roll of legal +consultants with the Ministry. + The profession : The legal profession or legal consultation profession + The Code : Regulations that set out a set of rules and controls that +regulate the work of the lawyers and their assistants, as well +as the professional ethics and conduct. + The Firm : The law firm o r legal consultation firm duly licensed in the +State, whether as a sole proprietorship or a professional +company. + The Foreign +Firm : The branch of a foreign firm or company duly licensed in the +State to engage in the legal profession and legal consultat ion +and which satisfies the requirements set out in article (70) +hereof. + Legal Fees : The monetary consideration payable to the lawyer or legal +consultant against performing the legal work assigned to him +/ her by the client. + Retainer +Agreement : An agreement between the lawyer or legal consultant and the +client, which sets out the agreed fees and payment method, as +well as the type and nature of the duties assigned to the +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 4 + lawyer or legal consultant + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (2) +Objectives of this Decree Law +This de cree law shall aim to: +1. Regulate the legal profession and legal consultation profession. +2. Develop the legal profession and legal consultation profession and upgrade the +efficiency of its practitioners; and +3. Promote the trust in those performing the legal profession and legal consultation +profession under the umbrella of specific professional, ethical and behavioral controls. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (3) +Scope of Application +1. The professions of this Decree Law shall apply to all persons and entities practicing the +legal profession and legal consultation profession in the State. +2. The emirates having local judicial authorities may regulate the legal profession and legal consu ltation profession in accordance with their own local legislation. + +Part Two +Practice of the Legal Profession +Chapter One +Independence and Controls of the Profession +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (4) +The legal profession is an independent, liberal profession regulated by this Decree Law, and contributes to achieving justice, ensuring the rule of law and promoting the right to defense. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (5) +Lawyers are the professionals who engage in the legal profession for the sake of providing judicial assistance to the wishing persons. In the course of performing their profession the +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 5 + lawyers shall have the rights and guarantees and shall be subject to the duties imposed on +them in accordance with the provisions of this Decree Law and its Executive Regulations +and the Code. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (6) +1. Only lawyers duly licensed in the State shall practice the legal profession or carry out any activities related thereto or use the title ""lawyer"" upon performing any other relevant +work. The legal profession's activities shall include, without limitation, the following +work: +a. Appearing on behalf of, and representing, the persons concerned before the court s, +the public prosecution, the committees of a judicial mandate, the investigation +bodies and the police, defending such persons in relation to the legal proceedings +instituted by or again them, and carry out relevant judicial work; +b. Giving legal opinion and advice; +c. Drafting the contracts and relevant legal procedures; and +d. Representing the parties in respect of any non- judicial legal work under a limited +power of attorney. +The courts, the public prosecution and government entities shall only admit t he lawyer's +legal representation if his / her name is recorded in the Roll of Practicing Lawyers kept with +the Ministry. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (7) +Without prejudice to article (9) hereof, only the lawyers admitted for pleading befo re the +Federal Supreme Court shall be allowed to appear before such a court on behalf of the +parties to the case and to file motions, appeals and statements of claim. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (8) +Notwithstanding the provisions of article (6) hereof: +1. The persons conc erned may authorize their spouses, in -laws or blood relatives up to the +fourth degree to appear on their behalf before the courts and judicial committees. +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 6 + 2. An attorney -in-fact appointed under a limited power of attorney may represent the legal +represen tative of the private legal person in relation to any legal proceedings, whether +before the Case Management Office or the Court, as the case may be. In which case, the +attorney -in-fact shall satisfy the following requirements: +a. To be a national citizen h aving full legal capacity; +b. To be holding a university degree in law or in Sharia and law from a university or +college recognized in th e State or the equivalent certificate thereof. In addition, the +Executive Regulations hereof shall set out the controls and requirements of the equivalent certificates; +c. To be an employee of the private legal person; and +d. To have its name recorded in t he Roll of Non -Practicing Lawyers. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (9) +Notwithstanding the provisions of Articles (6) and (7) hereof: +1. The State Lawsuits Department of the Ministry shall represent the ministries, government departments, and federal public bodies and institu tions in relation to filing +the motions, statements of claim, appeals and statements of defense, and, in general, performing all acts and activities relating to the handling of legal proceedings and +appeals before the courts of all jurisdictions, the arbit ral tribunals in the State and any +other entity having a judicial mandate under this Decree Law, whether the ministries, +government departments, and federal public bodies and institutions are acting as +Plaintiff or Defendant, both within and outside of the State. +2. Without prejudice to article (7) hereof, such entities may be represented by the +following persons in respect of performing the activities referred to in Clause (1) of this +Article: +a. The legal consultants who are employed by such entities, p rovided that their names +are recorded in the Roll of Non -Practicing Lawyers; and +b. The law firms in relation to certain important legal proceedings, subject to prior approval of the Minister. +3. The local gov ernment entities and State -owned companies may be represented by either +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 7 + the Ministry's State Lawsuits Department for carrying out the activities referred to in +Clause (1) of this Article, or the legal consultants and experts who are national citizens +employed by such entities, provided that their names are recorded in the Roll of Non -Practicing Lawyers. Such entities may also be represented by lawyers to carry out +the said activities, provided that the representing lawyers are admitted for pleading +before t he Court handling the underlying legal proceeding. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (10) +1. A non -national lawyer may be licensed to practice the legal profession in the State +subject to satisfying both the requirements set forth in Articles (13.2) , (13.3) , (13.4), +(13.6), (13.7 ), (13.8) , (13.9) and (13.10) hereof, and the following requirements: +a. The non -national lawyer must have practiced the legal profession for at least fifteen +(15) years, and is still registered as a practicing lawyer in the State wherein the legal +profession has been practiced by him; +b. The non -national lawyer must be a partner of a foreign law firm that is both duly +licensed in the State and satisfying the requirements set out in article (70) hereof, and +according to the conditions set out in the Exe cutive Regulations hereof, and must be +practicing the legal profession only through such a firm; +c. The non -national lawyer shall carry out the legal representation only in relation to the +legal proceedings handled by the specialized circuits to be determined based on a +decision of the Head of the Federal Judicial Council or the Heads of Local Judicial +Bodies, as the case may be, and excluding the criminal proceedings, administrative proceedings, family proceedings and personal status proceedings of Muslims ; and +d. The other requirements set out in the Executive Regulations of this Decree Law. +2. During, and on the occasion of, practicing the legal profession, the non -national lawyer +shall be subject to all the rights, obligations and disciplinary measures that are applicable +to the national lawyers and described herein. +3. The Executive Regulations of this Decree Law shall regulate the procedures and +controls of licensing and delicensing the non- national lawyers to practice the legal +professi on, as well as the licensing term and renewal mechanism. +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 8 + Chapter Two +Listing in Rolls of Lawyers +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (11) +Roll of lawyers shall be created by the Ministry as follows: +1. The Roll of Practicing Lawyers; +2. The Roll of Non- Practicing Lawyers; and +3. The Roll of Trainee Lawyers. + +Section One +Listing in Rolls of Practicing Lawyers +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (12) +1. The Rolls of Lawyers shall be divided into: +a. The Roll of Practicing Lawyers admitted before the Courts of First Instance and +Appeal; and +b. The Roll of Practicing Lawyers admitted before the Federal Supreme Court. +2. The Executive Regulations of this Decree Law shall set out the conditions and procedures of moving the lawyer's name from the Roll of Practicing Lawyers admitted +before the Cour ts of First Instance and Appeal to the Roll of Practicing Lawyers admitted +before the Federal Supreme Court. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (13) +Any lawyer whose name is listed in the Roll of Practicing Lawyers shall satisfy the following +requirements: +1. To be a national citizen; +2. To be at least twenty -one (21) calendar years of age; +3. To be of full legal capacity and good reputation and conduct, and has neither been +convicted by a court on the grounds of any felony or misdemeanor involving moral +turpitude or breach of trust, nor been convicted on disciplinary grounds in relation to +any of such crimes, even if rehabilitated; +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 9 + 4. To be holding a university degree in law or in Sharia and law or the equivalent certificate +thereof from a university or c ollege recognized in the State; +5. To successfully pass the training period determined and regulated by the Executive Regulations hereof; +6. To successfully pass the written exams and interview before a committee to be formed +by a resolution of the Min ister; +7. To successfully pass the medical examination in order to verify his eligibility to practice +the legal profession, as described in the Executive Regulations hereof; +8. To complete the necessary procedures and approval of listing not later than three (3) +months following the date of being notified of the listing application approval; +otherwise, his application shall be invalidated; +9. To submit a valid professional liab ility insurance policy, to be issued by an insurer duly +licensed to operate in the State, unless the lawyer's liability is covered by the insurance +policy of the law firm at which the lawyer works, according to the controls to be determined by the Minister ; and +10. To pay the prescribed fees. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (14) +Notwithstanding the provisions of Articles (13.5) and (13.6) hereof, any person who has +already occupied a judicial or public prosecution position or any legal position at the legal +departments of the ministries or government bodies, or performed any job equivalent to the +profession for a period of not less than three (3) years, may have his / her name listed in the +Roll of Practicing Lawyers admitted before the Courts of First Instance and Appeal or the +Federal Supreme Court, as regulated by the Executive Regulations hereof. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (15) +1. Listing in the Roll of Practicing Lawyers shall be valid for three (3) years renewable for a +similar period (s) at the request of the person concerned. +2. Listing in the Roll of Non -Practicing Lawyers shall be valid for five (5) years. +3. The Executive Regulations hereof shall determine the listing renewal conditions and +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 10 + controls. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (16) +1. The lawyer shall only practice t he legal profession after taking the following legal oath: "" I +swear by Allah, the Almighty Lord, that I shall perform my duties honestly and +honorably, respect the laws of the State, and preserve the profession and abide by +its ethics and core values"". +2. The lawyer admitted before the Federal Supreme Court shall take the oath before any +circuit of the Court, while the lawyer admitted before the other courts shall take the oath +before a circuit of the Courts of Appeal. +3. The lawyer's taking of the oath shall be record in a report a copy of which shall be kept in +his / her personal file at the competent department. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (17) +The Executive Regulations hereof shall set out the conditions and procedures of moving the +listing details from the Roll of No n-Practicing Lawyers to the Roll of Practicing Lawyers or +re-listing after removal of listing. + +Section Two +Listing in the Rolls of Trainee Lawyers +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (18) +The trainer shall have his / her name listed in the Roll of Trainee Lawyers subject to +satisfy ing the requirements set out in the Articles (13.1), (13.2), (13.3) and (13.4) hereof. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (19) +1. The application for moving the listing details of the trainee lawyer to the Roll of +Practicing Lawyers or to the Roll of Non- Practicing Lawyers shall be admitted within one +year of the date of successfully passing the training the training period and takin g the +legal oath ser forth in article (16) hereof. +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 11 + 2. The Executive Regulations of this Decree Law shall set out the training conditions and +procedures. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (20) +1. Each lawyer admitted for pleading before the Federal Supreme Court shall admit at least +one trainee lawyer at his / her law firm, and shall pay to the same a monthly +remuneration the minimum value of which is to be determined by the Committee. +However, the Committee may relieve the lawyer of admitting any trainee lawyer at his / her law firm if the surrounding circumstances so justify. +2. The Trainee Lawyer shall, during his / her practical training period, appear and plead before the Courts of First Instance and Appeal on behalf, and under the supervision, of the employer lawyer, acc ording to the conditions to be determined by the Executive +Regulations of this Decree Law. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (21) +No lawyer, whose name is listed in the Rolls of Practicing Lawyers, shall be permitted to assume any of the following positions: +1. Presidency or membership of the Cabinet; +2. Presidency of the Federal National Council; +3. The public office, and the Committee may, however, as determined by the Executive +Regulations of this Decree Law, grant an exemption to the faculty members of th e law or +Sharia and law at any university or faculty who are both nationals of the State and holder of PhD degree; +4. The private job, unless the same is conforming to Articles (8.2) and (23) of this Decree +Law. +If the lawyer occupies any of such positions in violation of the provision of this Article, any +disciplinary penalties shall be imposed on him / her as determined by article (86) of this +Decree Law. + + +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 12 + Section Three +Listing in the Roll of Non -Practicing Lawyers +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (22) +1. The following p ersons shall have their names listed in Roll of Non -Practicing Lawyers: +a. The Practicing Lawyer wishing to have his / her names moved to the Roll of +Non -Practicing Lawyers for whatever reasons; and +b. The Trainee Lawyer who has successfully completed his / her training period and +taken the legal oath provided for in article (16) of this Decree Law, and is wishing to +have his / her name moved to the Roll of Non -Practicing Lawyers. +2. The lawyer, who has any reason preventing him / her from practicing the legal profession, may submit an application to the Committee, within thirty (30 ) days of the +occurrence date of the underlying reason, to have his / her name moved to the Roll of Non -Practicing Lawyers; otherwise, he / she shall be held accountable on disc iplinary +grounds. When such a reason ceases to exist, he / she may request that his / her name be +re-listed in the Roll of Practicing Lawyers. +3. If the lawyer, whose name is listed in the Roll of Non -Practicing Lawyers prior to the +entry into force of the provisions hereof, is wishing to have his / her name moved to the Roll of Non -Practicing, provided that he / she is not subject to the provisions of Article +(14) hereof, and his name has neve r been listed in the Roll of Practicing, he / she shall be +subject to the provisions of Articles (13.6) and (13.8) of this Decree Law. +4. Lawyers, whose names are listed in the Rolls of Practicing Lawyers and Non -Practicing +Lawyers, shall have their affairs adjusted within one year following the date of entry into +force of the provisions of this Decree Law. +5. The persons, who satisfy the requirements set forth in article (13) of this Decree Law, +may have their names listed in the Rolls of Non- Practicin g Lawyers, as long as they work +for government entities or state -owned companies. The Executive Regulations of this +Decree Law shall determine the conditions and procedures for listing and the controls +for its renewal. + + +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 13 + " +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (23) +1. Subject to the p rovisions of Articles (6.2) and (7) of this Decree Law, the Lawyers, whose +names are listed in the Roll of Non -Practicing Lawyers, may practice the professional +duties described in article (6 ) of this Decree Law, through legal departments of the +private le gal persons licensed in the State. +2. Lawyers working at such departments shall have their names listed in a special register +kept with the competent department, and shall only be allowed to practice the profession after having their names listed in the Roll. The Executive Regulations of this +Decree Law shall determine the procedures, terms and conditions for listing their names +in, and removing their names from, the said Roll. +3. Lawyers working at such departments shall only pract ice the legal profession for the +benefit of their employers, and violating this prohibition shall be a ground for removing +their names from the Roll. In addition, they may only appear before the criminal courts +in respect of the civil claims relating to th e legal proceedings to which their employers +are a party, as well as the legal proceedings instituted against the managers or employees of their employers by virtue of their positions. +4. The prohibition provided for in Clause (3) of this Article shall n ot apply to the legal +proceedings involving them and their spouses and relatives up to the fourth degree, in respect of matters other than the judicial matters relating to their employers. + +Section Four +Removing Lawyers' Names from the Rolls +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (24) +Every Lawyer deregistered under a decision of the Committee shall have his / her name +removed from the Rolls of Lawyers. + + + + +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 14 + Part Three +Lawyers' Rights and Duties and Lawyer -Client Relationship +Chapter One +Rights of Lawyers +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (25) +While carrying out the duties of his profession, the Lawyer shall be treated with as much +respect as due for the profession. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (26) +The Lawyer shall have the full freedom to accept or reject legal representation in respect of any specific case based on his own c hoice, and may adopt the methods he / she considers +successful in accordance with the professional standards while defending the rights of his / her clients. In addition, the lawyer shall not be held liable for the contents of his / her oral +pleadings or w ritten submissions as required for the right of defense within the scope of the +law and professional ethics. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (27) +Subject to the provisions of laws regulating civil and criminal procedure, the Lawyer shall +have the right to: +1. Review the cases and judicial papers and obtain any data relevant to the cases managed +by him / her; +2. Attend at the court hearings and investigation sessions with his / her client in accordance +with the laws regulating civil and criminal procedure; and +3. Visit his / her client who is imprisoned at the public prisons and to meet with his / her +client in private at a decent place within the prison. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (28) +In no event may the Lawyer be questioned, nor may his / her office be searched for any matters i n relation to the performance of his / her profession, without prior permission from +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 15 + the Public Prosecution and an order of at least the Advocate General, in addition, the person +managing the investigation with the lawyer shall have the rank of at least a director of +prosecution. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (29) +No attachment may be imposed on the office firm of the Lawyer or the foreign firm or the assets of such firms that are necessary for practicing the profession. + +Chapter Two +Duties and Prohibitions of Lawyers +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (30) +1. The Lawyer shall attend in person in respect of the case assigned to him / her. +2. The Lawyer may, in writing, authorize any other Lawyer for appearance, pleading or taking any other litigation procedures on his / he behalf. +3. If the client stipulates under the power of attorney that the lawyer must appear in person +in respect of the cases assigned to him / her, the Lawyer shall comply with such a +requirement and may only authorize any third party to act on his / her behalf only when +necessary. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (31) +The Executive Regulations of this Decree Law shall determine the controls for +authorizations, and disciplinary measures shall be imposed against any lawyer who authorizes any other lawyer to appear on his / her behalf in violatio n of such relevant +controls. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (32) +1. Before accepting the legal representation, the Lawyer shall keep his / her client informed +of any circumstance that may potentially conflict with his / her interests; otherwise, he +shall refuse such representation. +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 16 + 2. The Lawyer shall keep his / her client informed of the stages and progress of the relevant +case, shall, in a timely manner, inform his / her client of the decisions and judgments +issued in respect t hereof, shall provide his / her client with the necessary advice and +consultation with regard to the case and challenging the judgment, and shall draw his / +her client's attention to the dates of appealing against the judgments and decisions. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (33) +While appearing before the courts, the Lawyer shall wear the court dress specified by the Ministry. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (34) +1. If the court appoints a lawyer to defend an accused in accordance with the provisions of +the Criminal Procedure Law, the Lawyer so appo inted shall appear and defend the +accused in all trial hearings in accordance with the controls set forth in article ( 32) of this +Decree Law. +2. When adjudicating on a case in respect of which a lawyer is appointed, the court shall +determine the latter's fees, and its decision in this regard shall be conclusive. The +Executive Regulations of this Decree Law shall determine the controls for determining +the fees of Lawyers appointed to handle criminal proceedings and the payment +mechanism thereof. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (35) +1. The Lawyer appointed in accordance with article (34) of this Decree Law shall carry out +the duties assigned to him / her, and may only step down for any reasons admitted by +the court. +2. The court shall take disciplinary measures an y Lawyer who either refuses to abide by the +appointment decision without a lawful reason or excuse or fails to properly perform his / her professional duties. + + +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 17 + " +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (36) +1. The Lawyer shall submit to the court his / her duly attested power of attorn ey at the first +hearing he attends on behalf of his / her client, unless the court approves the submission +of the same at the following hearing. +2. If the power of attorney is of a limited nature, it shall be kept in the case file, and if the +same is of a general nature, only its number, date, and issuing authority shall be recorded +in the transcript of the hearing and a copy thereof shall be kept in the case file. +3. If the client appears alongside the lawy er in the criminal case, the judge shall record the +same in the transcript of the hearing, and such appearance shall be valid in lieu of the +power of attorney. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (37) +1. When the legal representation is completed, the Lawyer shall return to his / her client the +power of attorney together with the original documents and paperwork belonging to the +client if requested by the latter. +2. If the Lawyer has not received his professional fees, he may obtain, at the expense of his / her client, photocopies of all paperwork that could be used as a ground for claiming his +/ her professional fees. +3. The obligation provided for in Clause (1 ) of this Article shall not include the delivery to +the client of the draft paperwork issued by the client in respect of the case, the letters received by the lawyer from the client, or the documents relating to the activities performed by the lawyer on his / her client's behalf, as long as the lawyer has not +received his / her professional fees for any such activities. +4. The client's right to request that the Lawyer deliver back to him / her the documents and paperwork, which were initially handed over to the lawyer, shall lapse either in the event +that the client fails to pay full professional fees of the lawyer or after the passage of five (5) years following the date of termination of their relationship, unless otherwise agreed +between them. + + +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 18 + " +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (38) +1. If the Lawyer wishes to step down or to have his / her legal representation for the client +terminated, he / she shall notify his / her client or the latter's representative either by +registered post with acknowledgment due or via e -mail, as the case may be . In addition, +the lawyer shall continue to handle the case procedures for not more than one month +following the date of sending the aforementioned notice, whenever the same is +necessary to defend the interests of the client or its representative, unless t he client or +the court notifies the lawyer that the termination is accepted. +2. If the Lawyer steps down or requests the termination of his / her legal representation for +the client when the case is being processed, he / she shall deliver to his / her client the +power of attorney, the original documents and paperwork and fees paid upfront, unless +otherwise agreed. +3. In all cases, the lawyer shall not be allowed to step down if the case is set for +adjudication, without the approval of the court hearing the underlying case. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (39) +1. The Lawyer may not engage in any activity that goes against the dignity or norms of the +legal profession, shall perform his / her duties honorably and honestly, and shall abide +by the ethics and professional conduct of the legal profession, including, in p articular, +those provided for in this Decree Law and its Executive Regulations and the Code. +2. Upon dealing with members of the judicial authority, the Lawyer shall act in a decent +manner that observes the dignity and standing of the judicial authority, and shall avoid +anything that may preclude the adjudication on cases or disturb the rule of law. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (40) +The Lawyer shall neither accept, nor continue to perform, legal representation with respect +to a case or legal procedure before any judge or pu blic prosecution member with whom the +lawyer knowingly has any relationship by marriage or blood up the fourth degree, even if +the adverse party of his / her client accepts the same. + +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 19 + " +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (41) +Any person, who had occupied a public or private job and left the same, and is currently +practicing the legal profession, shall not accept the legal representation, whether by himself +/ herself or through any lawyer acting on his / her behalf, in respect o f any case against his / +her former employer, within the year following the date of leaving his / her job, unless the +merits of the underlying case are relating to anything falling under his / her responsibility or +in respect of which he had performed any action with the former employer. In the latter +case, the lawyer shall never accept the legal representation whether by himself / herself or through any lawyer acting on his / her behalf. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (42) +1. The Lawyer shall be prohibited from engaging in b usiness activities. +2. The Lawyer may own and invest in financial and real estate assets. +3. Notwithstanding the provisions of Clause (1 ) of this Article, the Lawyer may engage in +the business activities specified by the Executive Regulations of this D ecree Law. +4. The Lawyer may be a founder, shareholder or partner of any company in respect of +which his / her liability is limited to the capital contribution provided by him / her. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (43) +The Lawyer may not accept the legal representation in respect of any legal proceeding +against any person or entity that had previously consulted him / her and allowed him / her +to get access to its documents and aspects of defense. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (44) +The Lawyer shall refrain from giving s tatements about the facts or information that comes to +his / her knowledge ex officio , unless the owner of such information accepts the same. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (45) +1. The Lawyer shall be prohibited from: +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 20 + a. Disclosing any secret ent rusted to him / her, whether orally, in writing or via e -mail, +means of modern technology or any other means of communication, or which comes +to his / her knowledge ex officio , unless the disclosure of the same would prevent the +commission of an offense af fecting a person's life or safety or would cause serious +damage to a person's property, or unless the disclosure of the same is an obligatory +duty under the laws in force in the State; +b. Revealing the personal matters that offend or spoil the reputation, honor or dignity of +the adverse parties, attorneys or witnesses, unless the same is necessary to defend the +interests of his / her client; +c. Disclosing any information about the cases assigned to him / her or any secret +entrusted to him / her; +d. Abusing the right to litigation, including prolongation of the proceedings; +e. Deceiving or misleading his / her client in any way; +f. Providing any assistance, even in the form of advice, to his / her client's adverse party +in respect of the same dispute in quest ion or any dispute thereto related, even after +the legal representation for such a client ends; +g. Accepting the legal representation in respect of any legal proceeding that had already +been handled by him / her or which falls within the scope of his / her area of +competence for the jobs covered by the provisions of article (14) hereof; or +h. Promoting, or attempting to promote, himself / herself in any manner that goes +against the ethics of the profession, by any means of promotion or enticement by +interme diaries. The Executive Regulations of this Decree Law shall determine the +controls and means of promotion. +2. Whoever violates the provisions of Clause (1) of this Article shall be subject to the +disciplinary measures, without prejudice to any other penalties set forth in this Decree +Law and the laws in force in the State. + + + +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 21 + Chapter Three +Legal fees +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (46) +1. The Lawyer shall have the right to receive legal fees for the professional activities he/she +performs within the limits of his / her power of attorney, and may recover the expenses +he/she incurs as required for handling the cases or duties assigned to him / h er. +2. The retainer agreement shall be executed in writing by any means prior to the performance of the agreed upon work, and the legal fee shall become due according to such an agreement. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (47) +The following aspects shall be taken into account upon determining the effort and estimating the legal fees due: +1. The type and nature of the work assigned to the Lawyer, the estimated effort and the skills required to perform the same; +2. The expected time required by the lawyer to com plete the work; +3. The importance of the case or the interests involved in the dispute; +4. The lawyer's experience, standing, seniority, degree of registration, and the reputation and prestige of his / her law firm; and +5. Expenses of the lawyer's fi rm for gathering the information, and other costs and +encumbrances. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (48) +Legal fees may be agreed upon in advance depending on the type, nature or circumstances of the work assigned to the Lawyer, or according to the hourly rate system adopted by the +firm for the handling and completion of the underlying work. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (49) +1. The retainer agreement shall set out the details of the work assigned to the Lawyer, as +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 22 + well as its requirements in accordance with the law, customary practice and the nature +of such work; +2. The retainer agreement may be relating to a legal proceeding, the execution or review of a contract or agreement, the giving of a legal opinion or advice, a stage of the legal proceeding such as appealing a judgment by any means of appeal or the initiation of +enforcement procedures, or just a specific procedural action in respect of any existing +legal proceeding, and the legal fees shall become due according to the agreement. +3. In the absence of a retainer agreement, the legal fees shall become due as follows: +a. If the work assigned to the lawyer is relating to a particular legal proceeding or any +phase thereof, such as appealing the judgment by any means of appeal, the lawyer +shall, as a prerequisite to be entitled to the legal fees, handle the procedures on +behalf of his / her client in respect of such a legal proceeding until both a judgment is +rendered on the merits thereof at the litigation instance for which the lawyer is appointed, and such a judgment is served upon the adverse party; +b. If the work assigned to the lawyer is relating to enforcement procedu res of a legal +proceeding, the lawyer shall, as a prerequisite to be entitled to the legal fees, handle the enforcement procedures on behalf of his / her client until a final judgment is +rendered by the court or where the enforcement procedures could not b e completed +due to any reasons beyond the reasonable will of the lawyer, and after exhausting all +legal procedures of enforcement; or +c. If the work assigned to the lawyer is relating to a specific procedural task in respect of a pending legal proceeding o r a specific procedure in respect of any enforcement +matter, the lawyer shall, as a prerequisite to be entitled to the legal fees, complete the +work assigned to him / her. +4. If the lawyer -client agreement provides that the legal fees shall be a percentage of the +court -awarded amount, such a percentage shall not exceed (25% ) of the value of the +court -awarded amount, and the Executive Regulations hereof shall determine the +conditions governing the lawyer's eligibility to receive such fees. In which case, n o fees +shall be due to the lawyer if the latter loses the underlying legal proceeding. + +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 23 + " +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (50) +If the lawyer is hired by several clients, each client shall be liable for his / her share in the +legal fees, with the exception of cases where each clien t undertakes to pay full fees to the +lawyer if either the subject of the work is indivisible or they agree under the retainer +agreement to jointly pay the legal fees. Any client who pays off the debt in either case shall +claim from the remaining clients th e payment of their respective shares. + + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (51) +If there are several lawyers handling a single case and are belonging to different law firms, +each lawyer of them shall be entitled to receive his / her fees accor ding to the retainer +agreement. In which case, the resignation or stepping down of any lawyer of them shall not +affect the legal representation of the other lawyers, unless the power of attorney stipulates +that all lawyers must jointly handle the same case . + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (52) +1. The lawyer shall receive his / her fees according to the retainer agreement with the +client. In addition, the Court that hears the case shall have the exclusive jurisdiction to +reduce, at the client's request, the agreed fees of the lawyer, if the court is convinced that +such fees are overestimated compared to the effort of the case and the benefit generated +by the client. Moreover, the Court may increase the value of the agreed fees at the +request of the lawyer if the latter makes eff ort and dedicates time for the underlying case +in excess of the effort and time initially estimated as being required from the lawyer +under the agreement and according to the consideration set forth in article (47) of this +Decree Law. +2. The legal fees may neither be reduced nor increased if their value is agreed upon after +the agreed work is completed. +3. In the absence of a retainer agreement, or of the retainer agreement is null and void, the +Court that hears the case shall, where the re is a matter of disagreement, determine the +fees due to the lawyer in the light of the effort made by the lawyer and the benefit +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 24 + generated by the client. +4. In all cases, the fees estimate application set forth in Clauses (1 ) and (3) of this Article +shall be submitted to the Court under a petition that is subject to the procedures and +controls of the writs on petitions referred to in the Civil Procedure Law and its Executive +Regulations, and shall be served upon the adverse party. +5. The lawyer ad client shall each have the right to file a grievance against the fees estimate writ within fifteen (15) days following the date of being notified of the underlying writ, +by requiring its adverse party to appear before the court issuing the writ. Such a +grievance shall be heard on an urgent basis. +6. If the legal fees that are a matter of disagreement belong to any work that has nothing to +do with the legal proceeding heard by the court, the lawyer and client may each institute +a case for estimating and claim ing the legal fees according to the standard rules for +instituting the case. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (53) +1. The lawyer's right to claim his / her legal fees shall lapse upon the passage of three (3 ) +years following the termination date of the legal represen tation, the completion date of +the underlying work or the date of removal of the lawyer, in the absence of any lawful excuse, whether the agreement is of an oral or written nature. +2. Where there are several tasks assigned to the lawyer, the prescriptive period set out in +the foregoing clause shall apply to every task thereof on a case -by-case basis. +Notwithstanding this stipulation, the prescriptive period shall only apply after the last of +such tasks is completed, in the event that the underlying tasks are inseparably +interconnected, or if it explicitly agreed that the fees shall only become due after all tasks +are completed. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (54) +1. If the case assigned to the lawyer is finalized by amicable settlement as authorized by the +client, the lawyer shall be entitled to full legal fees unless otherwise agreed with the +client. +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 25 + 2. If the case covered by the agreement gives rise to legal proceedings and activities that +have not been taken into consideration upon executing the agreement, the lawyer may +claim legal fees for the same. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (55) +The lawyer may not assign all or any part of the rights in dispute. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (56) +The lawye rs' legal fees and relevant expenses shall have a lien that is ranked directly next to +the government's rights over the client's gains resulting from the lawyer's effort or from the +judgment on the legal proceeding in question. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (57) +1. If the c lient removes the lawyer without a lawful reason after the lawyer has initiated the +task assigned to him / her, the client shall be required to pay the full legal fees agreed +upon, as if the lawyer has properly completed the whole work in favor of his / he r client. +2. If the lawyer is removed before initiating the task assigned to him / her, the lawyer shall +be entitled to fees for the effort made by him / her in preparation for initiating the +underlying task, but not exceeding (25% ) of the agreed- upon fe es. +3. In the absence of a retainer agreement, a case shall be instituted for estimating and +claiming the same according to the standard procedures of instituting the case. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (58) +1. If the client passes away and the heirs decide that the lawyer would not continue to act +as their lawyer, the latter shall be entitled to legal fees for the effort made by him / her, +taking into consideration the provisions of the retainer agreement between the lawyer +and the deceased client, if any. +2. In the absence of a retainer agreement between the lawyer and the deceased client, the +lawyer may institute a case for estimating and claiming the legal fees according to the standard procedures of instituting the case. +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 26 + Part Four +Paralegals +Chapter One +Legal Researchers and Consultants +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (59) +1. The work of the legal researcher and consultant shall be restricted to providing the legal +services – not including the pleadings and legal representation before the courts and +judicial committees – through the firm at which the same works. The paperwork of the +legal researcher and consultant shall be issued on the law firm's letterhead and signed by +a lawyer whose name is listed in the Roll of Practicing Lawyers of the same firm. +2. The legal researcher and consultant shall be prohibited from instituting or following up on the legal proceedings before the public prosecution or the courts of the State of all +instances by any means whatsoever, or representing third parties before the rental +dispute resolution committees or tax dispute committees or any committee of a judicial +mandate. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (60) +1. The competent department shall keep a register for recording the names of legal +researchers and consultants therein. +2. The legal researchers and consultants shall only perform their job duties after both +having their names listed in the register and payment of the prescribed fees. +3. The Executive Regulations of this Decree Law shall set out the conditions, controls and +procedures of listing and renewal of listing of the names in, and transfer and removal of +the names from, the said register. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (61) +1. Upon performing their duties, the legal researcher and consultant shall abide by the principles of honor, hones ty and integrity, shall safeguard the values of the profession, +and shall respect its norms and ethics, relevant laws and decisions in the State, and the +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 27 + Code. +2. Upon performing the legal services, the legal researcher and consultant shall be +prohibited from: +a. Signing the statements of claim and submissions to be filed with the courts of all +instances; +b. Signing retainer agreements with the clients, whether in h is / her own name or in +his / her capacity as a representative of the law firm; +c. Providing legal consultations for his / her own benefit or for the benefit of any +entity other than the law firm at which he / she is working; +d. Claiming from the client an in-kind share of any right in dispute; +e. Performing any work requested by the client if the same is involving violation of +the applicable legislation in the State or of the ethics and norms of the profession; +or +f. Managing or co -managing the law firm on behalf of the firm's owner in any way +whatsoever, except for the circumstances set out in the Executive Regulations of +this Decree Law. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (62) +The Competent Department may, at any point of time, verify the compliance by the legal +researcher and co nsultant with the duties and obligations set forth in this Decree Law and its +Executive Regulations and the relevant decisions. It may also request that any documents or +paperwork be provided by the affiliated firms or conduct any investigation to verify t he +same, after notifying the lawyer owing the firm. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (63) +The practicing legal consultant, who encounters any compelling circumstance that would +preclude him / her from the practicing the profession, may submit an application to the +Department in order to have his / her name moved to the Register of Non -Practicing Legal +Consultants within thirty (30) days according to the controls set out in the Executive +Regulations of this Decree Law. Once the compelling circumstance ceases to exist, the legal +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 28 + consultant concerned may submit an application to have his / her name moved back to the +Register of Practicing Legal Consultants. + +Chapter Two +Repres entatives +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (64) +1. The Competent Department shall keep a register that contains the names of representatives working at the law firms, in order to accept their dealings with the +federal judicial authorities and competent bodies. +2. The representative shall only perform his / her job duties at the law firm only after his / +her name is listed in the said register. +3. The Executive Regulations of this Decree Law shall set out the conditions, controls and procedures for listing the representatives' names in the said register and removing such +names from the same. +4. The Competent Department may, at any point of time, verify the compliance by the +representatives with the duties and obligations set forth in this Decree Law and its +Executive Regulations, and may request that any documents or paperwork be provided +by the law firms and their representatives, or conduct any investigation to verify the +same such compliance. +5. The representative or the lawyer owning the law firm at which the representative works, as the case may be, file a grievance against the decisions issued by the Competent +Department according to the procedures set out in the Executive Regulations of this +Decree Law. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (65) +The period of listing the representative's name in the Register shall be three (3 ) years +renewable for further similar periods against the prescribed fees, and the Executive +Regulations shall determine the requirements to be satis fied for the listing, and renewal of +listing, of the representatives' names in the said register. + +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 29 + " +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (66) +Upon performing his / her job duties, the representative shall abide by the principles of +honor, honesty and integrity, shall safeguard the values of the profession, and shall respect +its norms and ethics, and relevant laws and decisions in force in the State. In particular, the +representative shall: +1. Ensure that his / her work is performed in favor of the employer firm, and not in favor of +his / her personal interest or the interest of any third party; and +2. Respect the judges and their assistants. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (67) +The representative shall be prohibited from: +1. Pleading before the courts or public prosecution, or drawing up or signing any +submissions or statements of claim; +2. Delivering the representation deeds to the lawyers within the courtrooms; +3. Disclosing the secrets that come to his / her knowledge e x officio , unless such +disclosure would preclude the commission of a crime; +4. Promoting the law firm at the buildings of courts and public prosecutions or at any other +competent administrative authority; +5. Communicating with the cour t judges or members of the public prosecution, unless such +communication is based on their request; and +6. Dealing with any entity in his / her capacity as a representative once the registration period recorded in the card delivered to him / her from the competent department +expires, unless the same is renewed according to the procedures and periods described +in the Executive Regulations of this Decree Law. + +Part Five +Regulation of Law and Legal Consultation Firms and Companies +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (68) +The lawyer sh all practice the legal profession singlehandedly through his / her own law firm, +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 30 + in association with other lawyers whose names are listed in the Roll of Practicing Lawyers, in +partnership with an international law firm under the umbrella of a professional law +company, through a branch of a foreign law firm duly licensed in the State, or based on an +employment contract with a law firm or company that is licensed under this Decree Law. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (69) +1. National citizens, who are listed in the registers of legal consultants kept with the Ministry, may be licensed to practice the legal consultation profession that is relating to +the provision of non -judicial legal services, including, but not limited to, g iving the legal +opinion, advice and consultation, drafting and drawing up the contracts and documents +and relevant legal procedures, and other profession -related services that do not require +appearance with the litigants or representing them before the jud icial or +judicial- assigning entities. +2. The legal consultant shall practice the profession singlehandedly through his / her own +firm, in association with other legal consultants whose names are listed in the registers +of legal consultants with the Minis try under the umbrella of a professional legal +consultation company, through a branch of a foreign legal consultation firm duly licensed in the State, or based on an employment contract with a legal consultation firm +or company that is licensed under this Decree Law. +3. The owner or partners of the legal consultation firm shall not receive a license for +establishing a law firm. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (70) +The law firm or legal consultation firm may be a branch of a foreign firm. As a prerequisite for approving the lic ensing of the foreign firm's branch, the following requirements shall be +satisfied: +1. The parent foreign firm must have an outstanding international reputation in the legal field; +2. The parent foreign firm must have been operating for at least fiftee n (15) years in the +country of origin, and must have branches or subsidiaries in at least three (3) different +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 31 + countries; +3. The foreign firm's branch required to be licensed must have a manager in charge of the +branch's ac tivities in the State. Such a manager must have at least ten (10) years of +experience in the legal field, and must have his / her name listed in the Roll of Legal +Consultants with the Ministry; +4. The parent foreign firm and its branches must have at least twenty -five (25) partners, +and shall nominate at least two partners to represent it in the State; +5. Appointing national lawyers and legal consultants according to the quota to be +determined under a resolution of the Cabinet; +6. Developing and qualifying the national personnel operating at the firm, and transferring +the expertise and legal knowledge to them; +7. Providing training to national lawyers whose names are listed in the Roll of Trainee +lawyers; and +8. Satisfying any other requirements se t out in the Executive Regulations of this Decree +Law. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (71) +Every lawyer or legal consultant shall have an appr opriate firm for practicing the +professional services according to the controls set out in the Executive Regulations of this +Decree Law. In addition, the lawyer or legal consultant, as the case may be, shall keep the +Ministry notified within fifteen (15) days of the date of issue of the firm's license, of the +address of his / her firm and every change to it. Such a firm shall be deemed legally valid for +the legal and judicial notices and communications according to this Decree Law. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (72) +Any profes sional license for the firm may only be issued by the local economic departments +or the competent authorities in the free zones of the State or the legal consultant whose name is listed in the Roll of Practicing Legal Consultants kept with the Ministry bas ed on +prior approval of the Ministry. + +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 32 + " +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (73) +The lawyer or legal consultant shall not be allowed to have more than one firm in a single +city. If the lawyer or legal consultant has more than one firm in any emirate of the State, each +firm shall have at least one lawyer or legal consultant whose name is listed in the Roll of +Practicing Lawyers or Legal Consultants. +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (74) +The Competent Department shall keep a register of licensed firms in every emirate and free +zone, containing details of the firm's legal form and the areas of work performed thereby, +details of the license and its renewal, as well as the details of the part ners and managers of +such firms and any changes thereto. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (75) +1. The law firms and legal consultation firms shall have any of the following legal forms: +a. Sole proprietorship; +b. Professional company; or +c. Brach of a foreign firm. +2. The Executive Regulations of this Decree Law shall set out the controls, conditions and +procedures of licensing, suspending, delicensing and liquidating the law firms and legal +consultation firms that have the legal form of a sole proprietorship or a branc h of a +foreign firm. +3. The cabinet shall, based upon the Minister's proposal, issue the regulations of +professional law companies and legal consultation companies. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (76) +1. The committee may, based on a a well- grounded application to be submitted thereto by +the law firm or legal consultation firm, give permission to the firm to cease to provide the +legal services for a specific period of time, provided that the firm furnishes an +undertaking confirming the absence of any obligations on the part of the firm as a result +of providing the legal services, and that there would be no harm to the clients' interests. +2. The committee may revoke the license of the firm, provided that the firm furnishes +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 33 + an undertaking confirming the absence of any obligations on the part of the firm as a result +of providing the legal services, and that there would be no harm to the clients' interests. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (77) +The license of th e law firm or legal consultation firm shall either be temporarily suspended +by the Committee for a period not exceeding one year or be revoked by a decision of the +committee under any of the following circumstances: +1. If the law firm or legal consultation firm fails to have its license renewed for a period +exceeding ninety (90) days without a lawful excuse admitted by the Committee. +2. If the license granted to the firm is revoked by the licensing authority; +3. If a judicial order is issued suspending or revoking the license issued by the committee or licensing authority; +4. Liquidation of the firm; +5. If the firm merges with any o ther firm that practices the profession according to the +procedures and conditions set out in the Executive Regulations of this Decree Law; or +6. If the firm no longer satisfies, or fails to comply with, any licensing requirements, or +violates the legislation in force in the State or any of the provisions set out in the +Executive Regulations of this Decree Law. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (78) +Every stakeholder may file a written grievance with the Ministry against any of the decisions issued against himself / herself purs uant to the provisions hereof, within thirty (30) days +following the date of issue of the underlying decisions. Such a grievance shall be heard and +decided on by the committee whose decision shall be conclusive. + +Part Six +Supervision of the Law and Legal Consultation Profession +Chapter One +Lawyers and Legal Consultants Affairs Committee +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 34 + " +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (79) +A committee, to be known as the ""Lawyers and Legal Consultants Affairs Committee"" shall +be formed based on a resolution of the Minister, as follows: +The Undersecretary Chairman +A judge of the Federal Supreme Court Member +A judge of the Court of Appeal Member +A public prosecution member the rank of +at least Advocate General Member +The assistant undersecretary Member +Three practicing lawyers Members +A legal expert Member +Director of the Competent Department Member and Rapporteur + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (80) +1. The Committee shall exercise the following functions: +a. Decide on the applications for listing, renewal of listing, suspension, transfer and removal, of the names in / from the roll of lawyers and registers of legal consultants; +b. Moving the names from any roll to another roll of the lawyers and legal consultants ; +c. Giving opinion on the counterpart work of the lawyers; +d. Giving temporary permission to the lawyers of other State to conduct pleadings in particular legal proceedings; +e. Receiving and investigating the complaints and grievances according to the provisions of this Decree Law; and +f. Forming subcommittees among the members of the committee and assigning thereto certain duties of the committee. +2. The Executive Regulations of this Decree Law shall set out the committee's terms of +reference and the conditions for granting the temporary permission to the lawyers of +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 35 + other States to conduct pleadings before the courts of the State. + +Chapter Two +The Ministry's Competent Department +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (81) +The Competent Department may verify the compliance by the lawyers, legal consultants and +law firms with the duties and obligations set forth in this Decree Law and its Executive +Regulations and the relevant ministerial resolutions. It may also request that any documents +or paperwork be provided by the lawyers or law firms and shall take the appropriate +measures to verify the same, as determined by the Executive Regulations of this Decree Law, +and shall submit a report to the committee on any violations committed by the lawyers and +legal consultants. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (82) +1. The applications for listing, and renewal of li sting, in the rolls of lawyers shall be +submitted to the Competent Department on the relevant forms, accompanied by the +supporting documents of the application. +2. The committee may demand any further clarifications or information if deemed necessary. + +Part Seven +Judicial Assistance +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (83) +The public prosecution or the competent court, as the case may be, shall appoint a lawyer to represent the party who is relieved of the judicial fees due to its insolvency or as a means of +providing judicial assistance to the parties that are unable to handle the legal proceedings +that are required by this Decree Law to be handled by a lawyer. + + +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 36 + " +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (84) +If several lawyers refuse legal representation in respect of the legal proceedings that are +required by this Decree Law to be handled by a lawyer, the competent court shall, based on +the interested person's request, appoint a lawyer for such purpose. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (85) +If the lawyer passes away, is suspended, his / her name is removed fr om the roll, his / her +freedom is restricted, or becomes unable to conduct the legal representation, the court may, at the request of his / her client, appoint a lawyer, belonging to at least the same registration +rank, to temporarily replace him / her unt il the client hires any substitute lawyer, unless the +lawyer or his / her heirs nominate any substitute lawyer whose task would be to take the +necessary actions for safeguarding their interests. + +Part Nine +Disciplinary and Penal Liability +Chapter One +Disciplinary Liability +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (86) +Any lawyer or legal consultant, who violates the duties of his / her profession, breaches any +professional obligations, commits any of the prohibited acts set forth in this Decree Law or +its Executive Regulations or the decisions to be issued in implementation hereof or the Code, +or acts in any inappropriate way that spoils the prestige of the profession, shall be subject to +any of the following disciplinary penalties: +1. Warning; +2. Administrative fine of not less than A ED (5,000) five thousand dirhams, and not +exceeding AED (30,000) thirty thousand dirhams; +3. Suspension from practicing the profession for not more than two years; or +4. Irrevocably removing his / her name from the Roll or Register. +The Executive Regulations of this Decree Law shall set out the effects of the suspension and +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 37 + removal of the lawyer's / legal consultant's name from the Roll. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (87) +1. The Committee may either of the penalties set forth in Articles (86.1) and (86.2 ) of this +Decree Law, if it becomes convinced, in light of the evidence to be furnished by the party +concerned, that the underlying violation is insignificant. +2. The lawyer and legal consultant may each file a grievance with the Minister against the committee's decision of conviction, within fifteen (15) days of the date of receiving the +notice of the decision. +3. The Disciplinary Board may impose any of the penalties set forth in article (86) of this +Decree Law. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (88) +1. The complaint against the lawyer or legal consultant shall be filed with the committee against the prescribed fee, and the complainant may file a grievance against the +committee's decision to dismiss the complaint with the Minister within fifteen (15) days +of the date of being notified of the underlying decision. +2. If an insignificant violation is committed by the lawyer or legal consultant more than +once, or if the violation is of a significant effect, the matter shall be escalated to the +Public Prosecu tion. +3. Referral of the complaint to the Disciplinary Board shall be conducted based on an order of the Public Prosecution after an investigation to be conducted by the Public +Prosecution, and the latter may order that the complaint be dismissed. In all cases, the +committee shall be notified of the Public Prosecution's decision. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (89) +The lawyer's or legal consultant's resignation shall not be deemed a ground precluding the +imposition of disciplinary measures against them, for any wrongful acts committed in the +course of practicing the profession, within the three years following their resignation date. + +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 38 + " +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (90) +Disciplinary Board +The disciplinary board shall be formed based on a resolution of the Minister, under the +chairmanship of a chief judge of the Courts of Appeal, and shall have two members from the +Courts of Appeal. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (91) +1. The lawyer or legal consultant, as the case may be, shall be notified to appear before the competent disciplinary board by personal delivery, via email, or by any means of modern +communication, at least fifteen (15 ) days prior to the scheduled hearing date. If the +lawyer or legal consultant concerned fails to appear, the board may proceed with the +trial in absentia. +2. The lawyer or legal consultant, as the case may be, may appoint a lawyer to defend him / +her before the disciplinary board, and the latter may order that the lawyer or legal +consultant appear in person, if necessary. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (92) +The disciplinary board may, either sua sponte or based on the request of the Public +Prosecution or the Lawyer or Legal Consultant - as the case may be – who is referred to the +disciplinary board, summon any witnesses whose statement is deemed important. If any +witness fails to appear without any acceptable justification, or if any witness appears but willfully fails to give his / her statement, the board may impose on him / her a fine of not less +than AED (1,000) one thousand dirhams, and not exceeding AED (3,000) three thousand +dirhams. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (93) +Hearings of the disciplinary board shall be held behind closed doors, and the decisions shall +be issued after hearing the claims of the Public Prosecution and the defense of the Lawyer or +Legal Cons ultant - as the case may be – who is referred to the disciplinary board, or his / her +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 39 + legal representative. The board's decision shall be substantiated. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (94) +The disciplinary decisions shall be served by the legal means of service, and the delive ry of +the decision's photocopy to the Lawyer or Legal Consultant - as the case may be – shall be +deemed an actual service of the underlying decision. Disciplinary decisions shall not be +challenged by way of opposition. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (95) +1. The Public Prosec ution and the lawyer or legal consultant – as the case may be – who is +found guilty, may appeal against the disciplinary board's decision before the Federal Supreme Court, within fifteen (15) days following the date of issue of the underlying +decision with regard to the public prosecution, and within fifteen (15) days following the +date of serving the decision upon, or delivering a copy of the decision to, the lawyer +concerned. Such appeal shall be based on a statement of appeal to be filed with the +Federal Supreme Court. +2. The appeal shall be heard by the criminal cassation chamber behind closed doors, in +accordance with the rules set out in the Criminal Procedure Law referred to hereinabove. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (96) +1. The lawyer or legal consultant – as the case may be – against whom a final judgment is +rendered by the competent court or a decision is issued by the disciplinary board +removing his / her name from the Roll or Register, may, after the passage of at least three +(3) years, submit an applic ation to the Committee to have his / her name re -listed in the +Roll or Register. The committee may admit such application and decide that the name be +re-listed, unless the lawyer or legal consultant – as the case may be – is convicted on the +grounds of a c rime involving moral turpitude or breach of trust, even if rehabilitated. +2. If the committee decides that the application be rejected, the application may only be +re-submitted after one year following the rejection date. +3. In all cases, the decision shall be substantiated. +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 40 + Chapter Two +Criminal Liability and Penalties +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (97) +Whoever assaults a lawyer by hand or by threatening, insulting or defamatory speech in the +course of performing his / her professional duties, shall be penalized with imprisonment +sentence for a term of not less than one year and / or a fine of not less th an AED (50,000) +fifty thousand dirhams, and not exceeding AED (300,000) three hundred thousand dirhams. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (98) +Whoever, with intent to practice the profession without a license, leases a law firm's +premises although his / her name is not listed in the Roll of Practicing Lawyers, shall be +penalized with imprisonment sentence for a term of not less than three (3) months and / or +a fine of not less than AED (30,000) thirty thousand dirhams, and not exceeding AED +(100,000) three hundred th ousand dirhams. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (99) +Any lawyer, who knowingly leases out his / her law firm to a third party or enters into +partnership with somebody whose name is not listed in the Roll of Practicing Lawyers, shall +be penalized with a fine of not less than AED (50,000) fifty thousand dirhams, and not +exceeding AED (300,000 ) three hundred thousand dirhams. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (100) +Imprisonment sentence for a term of not less than three (3 ) months and / or a fine of not less +than AED (30,000 ) thirty thousand dirhams, and not exceeding AED (100,000) one hundred +thousand dinars, shall be imposed on: +1. Whoever impersonates a lawyer or practices the profession without having the +professional license according to the provisions hereof; and +2. Whoever practices the profession after his / her name is removed from the Roll of Lawyers. +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 41 + " +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (101) +A fine penalty of not less than AED (20,000) twenty thousand dirhams, and not exceeding +AED (200,000) two hundred thousand dirhams, shall be imposed on any person who +attempts, in consideration of a commission, to entice clients in favor of any lawyer. +Imprisonment sentence for a term of not less than one year shall be imposed in the event of +recidivism. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (102) +Imprisonment sentence for a term not exceeding six (6 ) months and / or a fine of not less +than AED (20,000) twenty thousand dirhams and not exceeding AED (100,000) one +hundred thousand dirhams, shall be imposed on any lawyer who accepts the legal +represent ation, or performs, or continues to perform, any of the professional duties set forth +in article (6.1) hereof despite being aware of the occurrence of conflict of interest, and +without keeping the client informed of the same. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (103) +The imposition of the penalties set forth in this Decree Law shall not prejudice any more severe penalties provided for in any other law. + +Part Ten +Final Provisions +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (104) +The Cabinet shall issue a resolution setting out the prescribed fees according to the provisions of this Decree Law and its Executive Regulations. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (105) +The Cabinet shall, based upon the Minister's proposal, issue a resolution setting out the criteria and requirements for classifying and evaluating the performance of the law firms, +lawyer and legal consultants, and designating the entity in charge of the implementation of +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 42 + such criteria and requirements, in order to ensure the achievement of international best +practices, while ensuring the confidently required in this resp ect. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (106) +The Cabinet shall, based upon the Minister's proposal, issue a resolution approving the Code of the Legal Profession and Legal Consultation Profession. Any violation of the provisions of +such a Code shall give rise to the disciplinary p enalties set forth in article ( 86) of this Decree +Law. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (107) +The Cabinet shall, based upon the Minister's proposal, issue the Executive Regulations of this Decree Law. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (108) +Employees of the Competent Department, whose names are listed in a resolution to be +issued by the Minister, shall have the capacity of judicial officers with regard to the crimes +committed in violation of the provisions of this Decree Law and its Executive Regulations +and the decisions issued in implementation hereof, within the area of competence of each of +them. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (109) +The Cabinet may, based upon the Minister's proposal, issue the regulations of administrative +penalties for the acts committed in violation of the provisions of this Decree Law and its +Executive Regulations. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (110) +The Minister shall issue the decisions required for implementing the provisions of this +Decree Law and its Executive Regulations. + +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 43 + " +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (111) +1. Federal Law No. (23) of 1991 Regulating the Legal profession, as amended, shall hereby +be repealed. +2. Any violation that goes against or conflicts with the provisions hereof shall hereby be +repealed. +3. The Executive Regulations and decisions in force upon the promulgation of this Decree +Law shall continue in full force and effect, insofar as they do not go against the +provisions hereof, until the Executive Regulations and implementing decisions of this +Decree Law are issued. + +" +finance and banking,Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds,"Article (112) +This Decree Law shall be published in the Official Gazette, and shall enter into force on +January 2, 2023. + + + + +Mohamed Bin Zayed Al Nahyan +President of the U nited Arab Emirates + + +Issued by us at the Presidential Palace, Abu Dhabi : +Date: 7 Rabi' I, 1444 AH +Corresponding to: 3 October, 2022 AD + + " +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (1) +In application of the provisions of this Law by Decree, the following words and phrases shall have the meanings assigned to each of them, unless the context otherwise requires: +State : United Arab Emirates (UAE). +Government : The Federal Government of the State. +Ministry : The Ministry of Finance. +Minister : The Minister of Finance. +Bank : The Central Bank of the United Arab Emirates. +Federal Enti ties : The Ministries established by virtue of Federal Law No. (1) of 1972 +Concerning the Competences of Ministries and the Powers of +Ministers, and the Federal Government bodies and authorities as +classified in article (3) of the present Decree -Law. +Cha irman of +the Federal +Entity : The concerned Minister, the Chairman of the Board of Directors, +the chairman of the entity or the persons of similar status. +Independent +Federal Entities : The Independent Federal Entities established according to the +applica ble legislation in the State, as indicated in article (3) of the +present Decree -Law. +Governmental : Establishments and companies owned wholly or partially (affiliated Federal Decree- Law No. (26) of 2019 Regarding Public Finance 3 + Companies companies) by the Federal Government or Federal Entities. +Fiscal Year : Twelv e Gregorian months, starting as of the first of January and +ending on the 31st of December of each year. +General State +Budget Law : The federal law issued in each Fiscal Year adopting the relevant +general budget. +General Budget : The Government budget ad opted by a federal law, which includes +the estimated general revenues and public expenditures of the +various Federal Entities during a specific fiscal year. +Supplementary +Budget : The additional financial appropriations issued by a federal law to +cover an y new policies that are not listed in the general budget, and +to determine the source of necessary financing resources. +General +Financial +Management : A set of rules, systems and operations applicable to the Federal +Entities by virtue of this Decree -Law, Cabinet resolutions, +ministerial decisions and circulars relating to the provision and +determination of the resources and their sources, allocation of the +public fund, and specification of its disbursement aspects, the +relevant controls, the accounting con trols, and the preparation of +the relevant financial reports. +Consolidated +Chart of +Accounts : A consolidated classification adopted by the Cabinet for the +accounts used in the Federal Entities for the classification and +registration of financial transact ions. +Financial +Strategy +(Financial +Framework) : Financial Strategy. +Medium -Term : The financial plan approved by the Cabinet, including the general +economic prospects, the resources policies, and expenditure +priorities, and the anticipated financial ris ks for not less than five (5) +years. +Medium -Term : A study containing the medium -term projections of total revenues Federal Decree- Law No. (26) of 2019 Regarding Public Finance 4 + Budget +Framework and expenditures, the difference between them, and the financing +mechanism required to cover the deficit, and the basic ex penditure +ceilings as specified by the Cabinet, not exceeding the Medium - +Term Financial Strategy (Financial Framework). +Medium -Term +Expenditure +Framework : A report prepared on the basis of administrative, economic and +programmatic classifications, as spe cified by the Cabinet, to +estimate the expenditures of the Federal Entities. +Programmes : A combination of activities and services offered and specified by the +Federal Entities and which aim to achieve the associated strategic +objectives. +Capital +Project s : The projects aiming for the establishment, possession, or renewal of +any assets owned by the Federal Entities. +New Capital +Projects : The Capital Projects for which no amounts have been allocated in +the General Budget, and which are created during the fiscal year. +Unified +Treasury +Account : The Government central account that is opened by the Minister and +into which all Federal Entities financial revenues are deposited. +Trust money : Third -party funds deposited in the Government bank accounts or +the Federal Entities bank accounts, that are maintained until the +fulfilment of the purpose intended. +Financial +Appropriations : The binding maximum ceilings of the categories of expenditure, +approved within the General State Budget Law. +Mid -Year : A half -year report prepared by the Ministry and Federal Entities, +describing and analysing the reached revenues, expenditures, and +the total performance related to the General Budget during the first +half of the fiscal year, including a review of the economic +assum ptions of the General Budget. +Budget Review : Budget and the updated projections regarding the budget of the +relevant fiscal year. +Federal Entity : The annual report prepared by every Federal Entity according to the Federal Decree- Law No. (26) of 2019 Regarding Public Finance 5 + Final Account instructions specified i n the annual financial circular issued by the +Minister, including the financial statements and accompanying +notes for the concluded fiscal year, subject to the accounting +standards approved by the Federal Government. +Consolidated +Final Account : An annual report including the consolidated annual financial +statements of the Federal Entities to be prepared by the Ministry +based on the financial statements submitted by the Federal Entities +according to the instructions specified in the annual financial +circul ar issued by the Minister. +Consolidated +Final Account +Approval Law : The federal law approving the consolidated annual financial +statements of the Federal Entities for the concluded fiscal year. +Approved +Accounting +Standards : The accounting principles a nd standards applied in the Federal +Government and developed based on the ""International Public +Sector Accounting Standards"" and the ""International Financial +Reporting Standards"". +Contingent +Expenses : Estimated financial amounts to confront a case which is not +included in the appropriations of the General Budget of the relevant +fiscal year, and which may not be deferred to the budget of the next +fiscal year, due to relevance to the public interest requirements. +General +Revenues : The resources of the Fed eral Government resulting from its public +and private property, the fees and taxes collected by the competent +Federal Entities, and the investment revenues in the various +economic activities, in addition to the transfers, contributions and +other financial resources, either sent or transferred to the Unified +Treasury Account, and which are allocated to meet the general +expenditures in the General Budget of the Federation. +Government +Guarantee : An undertaking, in writing, to a third party, under which the +Government commits to settle the liabilities of any Federal Entity on +whose behalf the Government wishes to grant the guarantee. Federal Decree- Law No. (26) of 2019 Regarding Public Finance 6 + Cash Reserve : An account financed by the actual cash surplus available, after +deducting all the liabilities and guarantees exp ected to be settled +during the subsequent fiscal year. +Special Reserve : A financial appropriation estimated annually to finance the +contingent expenses. + +Chapter Two +Objectives and scope of application hereof +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (2) +The objectives +This Decree Law aims at achieving the following: +1. Determining the rules for preparing the general budget, final accounts of the federal +entities and the Consolidated Final Account, and lay down the rules governing financial resources of the federal entities. +2. Establishing an integrated regulatory framework for general financial resources and +policies of federal entities by defining the following: +a. Principles of management and financial resources policies of federal entities. +b. General rules governing collection, management and disbursement of the financial +resources of federal entities. +c. Powers, competencies, authorities and responsibility for managing the financial +resources of the federal entities. +d. Minimum reports on the management of financial resources for federal entities. +e. Principles of governance, control and risk management related to the management +of financial resources for federal entities. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (3) +Decree -Law Application Scope +The provisions of the present Decree -Law shall apply to the Federal Entities classified f or its +purposes as follows: Federal Decree- Law No. (26) of 2019 Regarding Public Finance 7 + 1. Ministries and central bodies: The ministries established under Federal Law No. (1) of +1972 Concerning the Competences of Ministries and the Powers of Ministers, councils, +bodies and the like engaged in the executive, legislativ e and judicial federal activities. +2. Independent Federal Entities: The Federal Entities that are either established or will be +established according to the legislation in effect in the State, to perform specific public +tasks or services, and that operate un der the supervision of the Government, and: +a. Have the independent juristic personality and the legal capacity to act, prepare, +organise and implement its special budget, as granted either by law or by the +incorporation decision; +b. Have a special administrativ e and organisational structure; and +c. Not intended for profit. +3. Governmental Companies, subject to the relevant provisions contained herein. + +Chapter Three +Financial and Administrative Powers +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (4) +Powers of the Cabinet +1. The Cabinet shall have the follo wing powers: +a. Approval or amendment of the medium -term Financial Strategy (Financial +Framework) and budget framework. +b. Approval of Financing New Capital Projects. +c. Approving the draft law for linking the general budget and the attached schedules +for each fisc al year of the medium -term budget and any amendments thereto. +d. Approval of supplementary budget projects. +e. Approval of the draft law on adoption of the consolidated final account and the final +accounts not covered thereby and the accompanying schedules. +f. Issu ing policies and decisions related to the general budget and public financial +management. +g. Excluding some federal entities from the obligation to apply all or some of the +provisions hereof. Federal Decree- Law No. (26) of 2019 Regarding Public Finance 8 + 2. The Cabinet, upon proposal of the Minister, shall issue a decision specifying the terms +and conditions governing the issuance of the government guarantee. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (5) +Minister Powers +Upon the approval of the Cabinet, the Minister shall specify the State funds and resources management rules and the General Financial Management system, and shall coordinate the +State financial policies, at the federal level, and issue the relevant procedures and circulars. +The Minister may: +1. Propose the State general financial plans and policies, within the scope of the Ministry, +and refer t hem to the Cabinet for approval; +2. Propose the draft laws relating to the State general financial policy, in coordination with +the relevant authorities; +3. Issue procedures guidelines, circulars and decisions relating to the State General Budget +and general financial policy, and the rules for the preparation of the Final Account, to the +extent that is not inconsistent with the applicable legislation in the State; +4. Propose the consolidated financial policies, the consolidated chart of accounts and the general rule s for the regulation of the accounting operations and records according to +the accounting standards approved by the Federal Government, and refer them to the +Cabinet for approval; +5. Ensure general supervision on the preparation of the draft laws on the Gener al Budget +and the consolidated final account; +6. Propose the reduction of appropriations determined in the General Budget, in case there +is an exceptional decline of the financial resources of the Federal Entities, and refer the +same to the Cabinet for approv al; +7. Oversee all aspects of the implementation of the General Budget, including the +mechanism for the collection of the financial resources of the Federal Entities, the +controls on expenditures, and the Treasury operations applicable to the Federal Entities ; +8. Develop the rules for opening and closing the bank accounts of the Federal Entities; +9. Issue a decision regulating the transfer of the amounts necessary to cover the expenses Federal Decree- Law No. (26) of 2019 Regarding Public Finance 9 + of the Government from the Unified Treasury Account to another bank account or mo re; +and +10. Submit the following proposals to the Cabinet for approval: +a. Medium -Term Financial Strategy (Financial Framework). +b. Medium -Term Budget Framework proposal. +c. The draft general budget law. +d. The draft Supplementary Budget laws. +e. The Consolidated Final Accou nt draft law. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (6) +Ministry Competences +The Ministry shall: +1. Prepare the financial policy of the Federal Government; +2. Prepare the Medium -Term Expenditure Framework of the Federal Entities; +3. Study the draft Medium -Term Plan Budget of the Federal Entit ies to be taken into +consideration and make the relevant proposals, when necessary; +4. Prepare the draft General State Budget Law; +5. Follow up the implementation of the General Budget; +6. Develop the rules for incurring expenditures and collecting the financial re sources of the +Federal Entities, and for the management of bank accounts, assets and liabilities +accounts, and investment projects; +7. Oversee and follow up the implementation of the General Budget performance, including the mechanism for the collection of th e financial resources of the Federal +Entities, the expenditures controls, and the management of the Treasury operations in the Federal Entities, and submit reports in this regard to the Cabinet; +8. Manage the Public Treasury and organise the bank accounts of the Federal Entities, including opening and closing bank accounts, according to the provisions hereof; +9. Open zero- balance accounts for the Federal Entities at the commercial bank (s) +operating in the State, through which the relevant annual budgetary approp riations are +paid; Federal Decree- Law No. (26) of 2019 Regarding Public Finance 10 + 10. Review, examine and audit the financial and administrative transactions and records +having a financial impact on the Federal Entities, based on the public interest +requirements and the instructions issued by the Minister; +11. Oversee and man age the general Cash Reserve account of the Government, according to +the rules, legislation, policies and procedures in effect; +12. Develop and issue the consolidated financial policies and manuals, the Consolidated Chart of Accounts, and the general rules on the accounting closing periods, and prepare +the reports in the light of the approved accounting standards; +13. Develop and amend the financial and accounting policies of the Federal Entities and +refer them to the Cabinet for approval; +14. Prepare the consolidated Final Account; +15. Provide the necessary orientation, support, and training to the employees of the Federal +Entities with respect to the implementation of the present Decree -law, and the relevant +regulations, decisions and circulars; +16. Request any information or data relating to the bank accounts of the Government or any +Federal Entity from the banks operating in the State; +17. List the amounts necessary to settle the public debt dues and its service in the General State Budget, on annual basis; +18. Gather and prepare the governmental financial reports, in coordination with the local +Emirates; and +19. Coordinate with the Central Bank of the United Arab Emirates to ensure that the Bank monetary policy and the Federal Government financial policy are compatible during the +next f iscal year. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (7) +Management of public funds +The management of public funds exercised by the Minister in accordance with the provisions +hereof and its Executive Regulations aims at cash hedging which can be achieved by limiting +the level of current cash balances held in the Treasury Single Account through using tools that +allow the Government to safely invest surplus balances in short -term investment instruments. Federal Decree- Law No. (26) of 2019 Regarding Public Finance 11 + " +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (8) +Government Banking Procedures +The Minister or his authorized representative shall open government bank accounts, subject +to the following rules: +1. The basic bank account of the government shall be opened in the bank. +2. All resources of the federal entities covered by the Budget Appropriation Act shall be +deposited in the Treasury Sin gle Account and all payments shall be made thereto. +3. No account may be opened with any commercial bank without the prior written approval of the Ministry. +4. The Minister may open, suspend or close the bank accounts at local and foreign +commercial banks to fac ilitate the collection of resources or making the payment. The +balances of these bank accounts shall remain within the limits approved by the Minister, +and the surplus shall be transferred to the treasury single account in accordance with the +instructions issued by the Ministry. +5. The Minister may enter into agreements with the Bank and other local and foreign commercial banks qualified for the effective management of balances in temporary bank +accounts in accordance with the regulations issued by the Ministr y regarding the +procedures for opening, closing and managing such accounts. +6. The funds available, in one of the government bank accounts or of any Federal Entity accounts, shall be transferred to another government bank account or a bank account of +another Federal Entity at the request of the Minister and upon approval of the Cabinet +with the notification of all relevant authorities. +7. The Minister may link the funds available in the government bank accounts as short - +term deposits. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (9) +Presenting the draft financial legislation to the Ministry +All draft laws and bylaws that result in creating financial obligations or implications on the +general budget shall be referred to the Ministry for opinion before submitting the same to the +Cabinet. Federal Decree- Law No. (26) of 2019 Regarding Public Finance 12 + Chapter Four +Responsibilities and obligations of the federal entities and their employees +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (10) +Responsibilities and obligations of the federal entities and their employees +1. The decentralization and powers of the federal entities shall not prejudice their +respon sibility to apply the financial and accounting procedures and instructions in place +to preserve and dispose of their public funds. +2. Decentralization shall not prejudice the legal liability of the staff responsible for financial +and accounting functions in t he event that they violate the provisions hereof or its +executive regulations, laws, bylaws and decisions relating thereto. +3. The federal entities are responsible for planning, preparing and implementing their +budget and for the preparation of periodic finan cial reports and the final account. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (11) +Federal Entities Obligations +1. In coordination with the Ministry, the Federal Entities shall: +a. Meet the objectives specified in the Medium -Term Financial Strategy (Financial +Framework) as approved by the Cabinet, and obtain the Cabinet prior approval upon +amending any objective, to the extent not exceeding, in any case, the total financial +appropriations allocated for the said objectives at the amendment time; +b. Comply with the rules issued by the Ministry on th e application of the planning and +analysis systems of the approved strategic objectives, programmes and capital +projects; +c. Manage the financial resources efficiently and effectively; and +d. Implement the strategic objectives within the limits of the financial appropriations +allocated to the Federal Entities. +2. The Federal Entities may not borrow, lend or provide debt guarantees unless they do so +in coordination with the Ministry of Finance and in line with the relevant legislation. +3. The Federal Entities may not co nclude sponsorship contracts to fund events and Federal Decree- Law No. (26) of 2019 Regarding Public Finance 13 + activities, unless listed within its approved annual budget. The Federal Entities may +conclude the sponsorship contracts financed by the private sector according to the +regulatory rules of the Ministry. +4. The F ederal Entities shall provide any data or information requested by the Ministry +during the period specified in the request. + +Chapter Five +General Provisions of the General Budget +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (12) +General Budget +The general budget is the financial program of federal entities, which includes all their +estimated financial resources collected and estimated public expenditures for a given fiscal +year, to achieve economic and social development through the optimal distribution and efficient use of resources within the framework of the federal strategy for expenditures +expected from federal entities during a future fiscal year provided that balancing income and +expense shall be take into account, and developed in light of the medium -term financial +strategy (financial framework). + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (13) +Independent Budgets +The laws of the independent federal service entities, including independent federal entities +whose budgets are subject to approval of their governing body, may expressly provide for a +special independent budg et in which their detailed resources and expenses shall be presented +in a schedule to be attached to the law for linking general budget; moreover, these federal +entities shall be committing to: +1. its governance and management principles; +2. the consolidated acc ounts structure and provision of data and reports according to the +prescribed form, and within the time determined by the Ministry. + Federal Decree- Law No. (26) of 2019 Regarding Public Finance 14 + " +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (14) +Submitting Independent Budgets +The independent federal entities are obliged to submit their budget to the Ministry for +approval in the draft law for linking the general budget, on the date specified by the Minister +in the annual financial circular provided for in article (21) hereof. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (15) +Insertion into Draft Law for Linking the General Budget +1. The Minis try is obliged to register the budget appropriations of the independent federal +entities, including its own estimated financial resources, in the draft law for linking the +general budget. +2. No financial burdens shall be placed on the Government in the event that the +independent Federal Entity does not achieve any self -estimated resources unless the +public interest requires otherwise. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (16) +Medium- term Budget Draft Laws +Under a decision of the Cabinet, the federal entities may be authorized to prepare a draft +budget for a medium -term plan, the number of years of which shall be determined in a +decision of the Cabinet, including estimates of financial resources and expenditures for each +Fiscal Year, and the decision of the appropriations for this budget shall be made by the +Cabinet. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (17) +Medium- term Budget Amendments +In preparing the draft law for linking the general budget for each year of the medium -term +plan, the following shall be considered: +1. Any amendments to this Plan's Budget that were ap proved by the Cabinet. +2. Medium -term Financial Strategy (Financial Framework). Federal Decree- Law No. (26) of 2019 Regarding Public Finance 15 + 3. Medium -term Budget Framework. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (18) +Medium- term Budget Framework +The Medium -term Budget Framework shall point out the basis upon which the total +expenditures ceilings are determined in the annual budget and the estimates of the total +expenditures of the current Fiscal Year are only indicative ones for the upcoming Fiscal Year. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (19) +Disclosure of In -Kind Support +Federal Entities authorized to obtain in- kind suppor t shall disclose such support and the value +thereof in accordance with the form prepared by the Ministry for such purpose. The relevant +statement shall be submitted with the documents related to the draft Budget of such Federal Entity. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (20) +Accou nts Structure +1. The Cabinet shall issue the Consolidated Accounts Structure upon the Ministry's +proposal and the Federal Entities shall comply with the same. +2. The Federal Entities shall prepare the reports in accordance with the regulations and +rules determined in the Consolidated Accounts Structure. +3. The Ministry shall issue the directives and instructions necessary to enable the Federal +Entities of preparing their reports in accordance with the Consolidated Accounts +Structure. + +Chapter Six +Preparation of Gene ral Budget +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (21) +Financial Circular on Regulations of Preparation of the Draft General Budget Federal Decree- Law No. (26) of 2019 Regarding Public Finance 16 + The Minister shall issue a financial circular to the Federal Entities within the first week of the +third month of every Fiscal Year provided that such circ ular shall determine the Budget ceiling +and the date of submitting the draft General Budget to the Ministry. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (22) +Study and Analysis of Federal Entities' Initial Estimates +The Federal Entities included in the General Budget shall prepare the initial estimates of their financial resources based on the type thereof and state the sources thereof. Moreover, they +shall prepare the initial estimates of their current and capital expenses, consistent with the +strategic objectives and their approved activit ies of each program. Such initial estimates shall +include the performance measures and the financial efficiency indicators. +The initial estimates shall be submitted to the Ministry on the date determined by the Minister's circular mentioned in article (21) hereof. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (23) +Delay of the Federal Entities in Submitting the Draft General Budget +In case any Federal Entity delayed in submitting the draft Budget thereof to the Ministry on the date determined in the circular mentioned in article (21) hereof, the Ministry shall, upon +notifying such entity, prepare these estimates based on the current Fiscal Year Appropriations, +bearing in mind the changes and amendments made during the current Fiscal Year, the other +considerations, and its strategic programs an d objectives. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (24) +New Capital Projects +Upon proposing New Capital Projects based on the long -term capital expenditure plans, the +Federal Entities shall submit the following: +1. Approved title deed of the land allocated for the project or the decision issued by the +entity responsible for allocating the project's land. +2. The project's feasibility study. Federal Decree- Law No. (26) of 2019 Regarding Public Finance 17 + 3. The project's design scheme. +4. The project's timeline and the amounts required throughout the execution years. +5. All annual costs required for operation upo n completion of the project. +6. Any other requirements according to the circulars issued by the Ministry and competent +entities in this regard. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (25) +Appropriations for Completion of the Capital Projects +The executing Federal Entity shall, in coordination with the Ministry, propose the Financial Appropriations required for completing the projects, which are included in the General +Budget and the Independent Budgets, for the Fiscal Year for which the Budget was prepared. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (26) +Study and Assessm ent of the New Capital Projects +1. The Ministry responsible for developing the infrastructure shall study, assess and +approve the New Capital Projects to be established, acquired or renewed before +submitting the same to the Cabinet. +2. In case the total cost of any budgetary Capital Project is amended, the Federal Entity responsible for executing the project shall, in coordination with the Ministry, amend the +project's total cost and point out the reasons therefor. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (27) +Special Reserve +The Ministry shall annually estimate and allocate an amount for the Special Reserve within the General Budget for meeting the unforeseen or non -budgeted expenditures. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (28) +Resources Estimation +The Federal Entities shall estimate their financial resources and indicate the basis upon which Federal Decree- Law No. (26) of 2019 Regarding Public Finance 18 + the said estimation is based, along with the influencing factors during the relevant fiscal year. +The Ministry shall study and approve the same within the annual budget strategy proposal +and the draft General State Budget Law. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (29) +Balanced -Budget Principle +The Ministry shall endeavour to achieve a balanced -budget principle between the total +financial resources of the Federal Entities on the one side, and the total general expenditures on the other side. If there is a dis crepancy due to an increase in estimated expenditures over +anticipated revenues, the Ministry shall propose alternative sources of funding to achieve the +required balance. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (30) +Maximum Limit of Expenditures +If the total estimates of the initial e xpenditures exceed the estimates of the Federal Entities' +initial financial resources, the Ministry shall propose a maximum limit for the expenditures +that shall be complied with by the Federal Entities upon approval of the Cabinet. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (31) +Draft La w for Linking the General Budget +1. The Ministry shall prepare the draft Medium -term Budget Framework and submit the +same to the Cabinet. +2. The Ministry shall prepare the draft Law for linking General Budget, attached with all +explanatory reports and documents, and submit the same to the Cabinet. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (32) +Classification of Resources +When preparing the draft Law for linking General Budget, the Federal Entities' annual financial resources shall be classified in accordance with types of the resources mentione d in Federal Decree- Law No. (26) of 2019 Regarding Public Finance 19 + article (57) hereof. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (33) +Classification of Expenditures +When preparing the draft Law for linking General Budget, all annual expenditures shall be +classified according to the following classifications: +1. Staff remuneration. +2. Goods and services. +3. Subsidies. +4. Grants, donations and endowments. +5. Social benefits. +6. Other federal expenditures. +7. Capital expenditures. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (34) +Registration of Grants +The estimates of the grants, donations, endowments among others that are accepted by the +Federal Entities and consistent with the objectives and competencies thereof shall be +registered in the total resources of the Medium -term Budget Framework and in the estimate +of the resources of the draft Law for linking General Budget. In addition, the expenditures +related to management of such grants shall be determined in the draft General Budget of the +Federal Entity. + +Chapter Seven +Approval for the General Budget +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (35) +Draft Law for Linking the General Budget +The draft Law for linking the General Budget, the Budgets of the Independent Federal Entities +and the relevant documents shall be submitted to the Federal National Council at least two Federal Decree- Law No. (26) of 2019 Regarding Public Finance 20 + months before the beginning of the Fiscal Year for discussion and expressing opinions. +Afterwards, the Federal National Council shall refer the draft law to the Federal Supreme +Council, accompanied with the relevant remarks, for approval. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (36) +Notification of the Budget +The Ministry shall notify the Federal Entities of the Financial Appropriations allocated thereto +for the prepared Fiscal Year upon issuing the Law for linking the General Budget. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (37) +Monthly Provisional Financial Appropriations +In case the Law for linking the General Budget was not issued before the beginning of the +Fiscal Year, monthly pr ovisional appropriations may, upon the Ministry's proposal, be +approved under a federal decree based on one of twelve parts of the previous Fiscal Year Appropriations. + +Chapter Eight +Amendment to the General Budget +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (38) +Amendment to the General Bu dget +All off -budget expenditures, the expenditures exceeding the estimates mentioned in one +category and the transfer of any amount from one category to any of the General Budget +categories shall be governed by a law. However, such expenditure or transfer may be +approved by a decree law in cases of urgent need. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (39) +Supplementary Budget +1. The Ministry shall refer a draft federal law on the Supplementary Budget to the Cabinet in any of the following cases: Federal Decree- Law No. (26) of 2019 Regarding Public Finance 21 + A. Approval for new policies that have non- budge ted financial impacts. +B. Provision of funding to the necessary Capital Projects outside the budget cycle. +C. Any other cases as determined by the Cabinet. +2. The Supplementary Budget shall be issued under a federal law. +3. The Federal Entities shall only submit reque sts for supplementary appropriations during +the Fiscal Year when strictly necessary. In such case, they shall point out the sources of +the resources necessary to cover such requests. + +Chapter Nine +Implementation of the General Budget +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (40) +Implemen tation of the General Budget +The Federal Entities' financial resources and expenditures stemmed from transactions carried +out during the Fiscal Year shall be registered in the Fiscal Year's accounts according to the +accrual of right or debt and regardless of the date on which it shall be implemented. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (41) +Accounting System +The Government shall apply the accrual basis of accounting system in accordance with the UAE accounting standards. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (42) +Accounting Standards Board +1. Upon the Minister's decision, a government accounting standards board comprising +employees from the Ministry and highly qualified and experienced officials may be +formed and such decision shall determine the board's powers and responsibilities. +2. The Minister shall refer the re commendations of the accounting standards board +concerning the amendment and development of the accounting standards in the Federal Government to the Cabinet for approval. Federal Decree- Law No. (26) of 2019 Regarding Public Finance 22 + 3. The Federal Entities shall keep complying with the accounting policies and standards +currently approved by the Ministry until the Cabinet issues its decision. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (43) +Compliance with the Financial Appropriations +1. In implementing the budget, the Federal Entities shall comply with the limits of the +financial appropriations allocated f or them in the General State Budget Law. +2. The settlement of the general expenditures, their payment order, and the issuance of the means of payment by the Federal Entities, shall be made according to the applicable rules. The said expenditures shall not be disbursed unless they are determined and +payable according to the legislation in effect. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (44) +Contracts Conclusion +The Federal Entities may not enter into contracts that may incur financial obligations +exceeding the fiscal year to the coming fiscal year or years, unless according to the procedures +and controls approved by the Federal Government. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (45) +Adherence to Total Cost of the Projects +Notwithstanding the provisions of article (44) hereof, the total cost of the Capital Projects +mentio ned in the General Budget may be depended provided that when spending on the +project during the Fiscal Year begins, the Financial Appropriations allocated thereto in the +Budget for such year shall be complied with. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (46) +Multiannual Financial Appr opriations Allocation +The allocation of multiannual Financial Appropriations may be provided for in the General +State Budget Law to cover any future contractual obligations, provided that the ceiling on cash Federal Decree- Law No. (26) of 2019 Regarding Public Finance 23 + expenditure for the first fiscal year of the multiannual project and the total cost of the project +during the expected period of execution are determined. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (47) +Non -budgeted Projects +Upon obtaining the Cabinet's approval, the Federal Entities may establish Capital Projects, enter into association or launch tenders regarding the non -budgeted projects provided that +the provisions related to the Supplementary Budget mentioned herein shall be applied to such projects. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (48) +Non -Completion of the Capital Projects +In case any of the Capital P rojects was not completed during the Fiscal Year, the Financial +Appropriation or the rest thereof shall be deposited in the subsequent Fiscal Year's Budget related to the execution plan of such project. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (49) +Controls of Disbursement of Expenditur es +The Federal Entities shall spend on the projects included in the General Budget in accordance with the regulatory and legal controls determined under the provisions hereof. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (50) +Transfers +Subject to the provisions of article (38) hereof, finan cial transfers shall be made in accordance +with the controls and rules contained in the transfer policy issued by the Ministry and +approved by the Minister. + + Federal Decree- Law No. (26) of 2019 Regarding Public Finance 24 + " +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (51) +Use of the Special Reserve +The Special Reserve mentioned in article (27) hereof may, in accordance with the provisions +of a decision issued by the Cabinet, be used to fund some of the emergent or unforeseen +requirements that may occur during the current Fiscal Year provided that the beneficiary, +strategic objective and targeted program shall be determined. +Upon completing the execution, the competent Federal Entity shall prepare a table concerning +the usage and point out the Entity Final Account and the Consolidated Final Account in the +attached explanatory memorandum. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (52) +Non -executed Financial Appropriation +Without prejudice to the provisions of Articles (48) and (49) hereof, any budgetary Financial +Appropriation that was not fully executed during the Fiscal Year shall be invalid. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (53) +Maintaining Records and Report s +The Federal Entity shall maintain comprehensive electronic records and supporting documents regarding implementation of its Budget as well as the performance indicators and +reports in accordance with the regulations and dates determined by the Ministry. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (54) +Periodic Reports +The Ministry shall provide the Cabinet with a biannual report on the Federal Government +financial statements. + + + + Federal Decree- Law No. (26) of 2019 Regarding Public Finance 25 + Chapter Ten +Follow -up of Implementation of the General Budget +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (55) +Control and Internal Auditing +1. The competent administrative departments in the Federal Entities shall control +implementation of the General Budget in terms of collection of its resources, payment of +its expenditures, follow -up of performance and compliance with the legislations in force +in the State. +2. The Internal Auditing Office in the Federal Entity shall independently make investigations to ensure that the administrative department implements the General +Budget in accordance with the working mechanisms, policies, procedures, regulations +and risk management rules in force in such entity. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (56) +Federal Entities Reports +The Federal Entities shall provide the Ministry with the required monthly and biannual +financial reports and statements within the specified dates. + +Article (56) (bis ) +Governmental Companies Reports +The governmental companies determined by the Cabinet, based on the Minister proposal, shall provide the Ministry with the required reports and financial statements in the form, +content, and by the deadlines specified by the Ministry. + +Chapter Eleven +Financial Resources of Federal Entities +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (57) +Types of Resources +The financial resources of Federal Entities to be collected for purposes of budget preparation Federal Decree- Law No. (26) of 2019 Regarding Public Finance 26 + consist of the following: +1. Taxes, fees and returns that are im posed under a federal law. +2. Fees and Charges collected by the Government for its provided services. +3. The share of the General Budget borne by borne by each emirate in the State. +4. The Government's private property resources. +5. Contributions paid by retired milit ary personnel. +6. Fines and amounts awarded by a court judgement. +7. Investment returns and re -investing Government funds. +8. Grants, donations, endowments and the like. +9. Administrative fines. +10. Any other resources set by the Cabinet. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (58) +Taxation +The Cabinet shall impose or exempt the federal fees or returns of different types, except taxes, +under the decision of the Cabinet upon the proposal of the Minister, in accordance with +legislative provisions in force in the State. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (59) +Collection of Resou rces +Subject to the terms and conditions for the acceptance of earmarked grants, donations, endowments and the like. The relevant Federal Entity shall collect and adjust its resources +according to the legislations in force and the instructions of the Minis ter. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (60) +Local Fees +The Federal Entities shall not add or collect any fees for and local authority in any emirate +unless the Federal Entities coordinate this matter with the Ministry. + Federal Decree- Law No. (26) of 2019 Regarding Public Finance 27 + " +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (61) +Deductions from Resources +The Federal Entities shall not deduct any amounts of their resources under any circumstances +or for any reasons in accordance with the legislations in force. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (62) +Deposition of Resources +In accordance with article (8) hereof, the Federal Entities shall deposit the c ollected resources +to the Treasury Single Account in accordance with the rules and instructions set by the +Ministry. No certain revenue shall be allocated for certain expenditures unless the Cabinet +approve of such, excluding the grants, donations, endowme nts and the like. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (63) +Grants, Contributions, Donations and the Like +1. The Federal Entities may accept grants, contributions, donations and the like that are +consistent with the objectives and competencies of the said entities. A special budget +shall be prepared for this purpose. +2. Any grants, contributions, donations, and the like shall be entered into the accounting +records of the concerned Federal Entity, and classified according to their nature, based +on the Consolidated Chart of Accounts. They sh all also be included in the financial +statements of the year during which they are received. +3. The amounts of repeated and definitive grants, contributions, donations and the like +shall be listed within the annual budget of the Federal Entity. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (64) +Conclusion of Revenue -Sharing Contracts +No Federal Entity shall conclude any contracts with the private institutions, companies and +relevant entities in the UAE governments to provide services to the people on the basis of +sharing the revenues unless it w as approved by the Ministry and the Cabinet. The concluded Federal Decree- Law No. (26) of 2019 Regarding Public Finance 28 + contracts shall not be renewed before the Decree Law comes into force or after the expiration +thereof without the approval of the Ministry. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (65) +Private Sector Participation +No Federal En tity may enter into a contract with a private juristic person with the purpose of +participation in the management, functioning or operation of any public facility, unless +according to the regulating legislation in force in the Federal Government. + +Chapter Twelve +Federal Entities Final Account +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (66) +Financial Circular +The Minister shall issue a financial circular to all Federal Entities setting the rules, regulations, +accounting treatments and settlements that are necessary for carrying out the draft Federal +Entity Final Account and the Consolidated Final Account for the current Fiscal Year within the second week of the tenth month of each Fiscal Year. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (67) +Rules and Dates of Account Closure and Preparing the Final Account +1. Accounting periods shall be closed up to a maximum of the eighth day of the following +month. +2. The Minister shall set the date of account closure in the end of the Fiscal Year in the financial circular mentioned under article (66) hereof. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (68) +Federal Entity Draft Final Account +1. Notwithstanding the provisions mentioned in the laws of establishing the Independent Federal Entities, every Federal Entity shall prepare its draft final account for the Federal Decree- Law No. (26) of 2019 Regarding Public Finance 29 + concluded fiscal year, according to the basic rules set out in the present Decree- Law and +the financial circular issued by the Minister in this regard. The Federal Entity shall submit +the same to the State Audit Institution and a copy thereof shall be delivered to the +Ministry with its report on the extent of achievement of the performance goals, within +the time limits specified in the circular. +2. The Federal Entities and the competent administrative units shall be responsible for the control and verification of the validity of its final account statements and for the determination of the achievement of such goals. + +Article (68) (bis) +Independent Federal Entities Final Accounts Auditing +1. An independent federal entity may appoint a third -party auditor if provided for in the +relevant establishment law. The audited financial statements approved by the Board of +Directors shall be released prior to the date specified in the financial circular for the State Audit Institution to issue its initial report on the final account of that entity. +2. The independent federal entity shall send a copy of the approved third -party auditor +report to the Ministry of Finance no later than two weeks following the report approval date. + +Chapter Thirteen +Federal Government Consolidated Final Account +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (69) +Draft Consolidated Final Account +1. The Ministry shall prepare the consolidated final account, according to the provisions of the present Decree- Law and the accounting standards approved by the Federal +Government. +2. The Ministry shall prepare a federal draft law on the approval of the consolidated final +accoun t for the concluded fiscal year and refer the same to the State Audit Institution. + Federal Decree- Law No. (26) of 2019 Regarding Public Finance 30 + " +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (70) +Consolidated Final Accounts Draft Law +1. The Minister shall refer the Consolidated Final Accounts Draft Law in its final version no +later than the end of April o f the second fiscal year of the relevant fiscal year to which the +final account pertains, supported by the consolidated draft final account, the relevant report of the State Audit Institution, and the reply of the Ministry, to the Cabinet for +approval in t he version as it may deem appropriate, which in turn shall refer the same to +the Federal National Council to give its remarks prior to filing it to the Federal Supreme Council to be approved as a preliminary step for issuance. +2. The Independent Federal Entit ies for which no clause was singled out in the General +State Budget Law shall refer their financial statements approval drafts to the Cabinet, pursuant to the instructions issued by the Ministry. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (71) +Building up the Cash Reserve +1. The Ministry shall prepare a report illustrating the mechanism by which the Cash +Reserve, specified for the purposes of supporting the budget, is calculated. This report +shall be submitted to the Cabinet in order to issue its decision on determining the +percentage of the total General Budget that shall be registered for this purpose. This +account shall be funded and withdraw amounts therefrom in accordance with the +provisions of this decision. +2. The Government shall build up another Cash Reserve with a minimum of fifteen (15 ) +billion AED in order to support the government's financial situation. The minimum of the +Cash Reserve may be increased by decision of the Cabinet, provided that the Ministry shall manage it in accordance with the rules and regulations issued by decision of the +Cabinet upon the proposal of Minister. +3. Subject to Clauses (1) and (2) of this Article, the Ministry, after the Minister's approval on +the draft law final account of the ended Fiscal Year, shall transfer no more than seventy +(70%) percent of the Cash Reserves in excess of its needs to Emirates Investment +Authority. Federal Decree- Law No. (26) of 2019 Regarding Public Finance 31 + " +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (72) +Investing the Government Funds +Subject to the provisions of Federal Decree Law No. (4) of 2007 and the amendments thereof, +the Minister shall issue a decision on organizing the investment of the excess funds of the +public treasury in term deposits, each of them shall be renewable for only one year, provided that these funds shall be deposited in State banks. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (73) +Deposition of Excess Funds +1. All Federal Entities shall de posit any excess funds resulted from the annual budget +approved thereto in the law for linking the general budget and the amendments thereof +in the Treasury Single Account within thirty (30) days from the date of receipt of the +report of the State Audit In stitution on the preliminary draft final account for this entity +by the Ministry. +2. Upon the Minister's proposal, the Cabinet may issue a decision to oblige any Federal +Entity that has excess cash balance by the deposition of this balance in the Treasury +Single Account within the term specified in the decision or deducting the amount of this +excess cash from the instalments of funding its annual budget. + +Chapter Fourteen +Final Provisions +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (74) +Documents Retention +1. All financial and administrative docum ents, registers and instruments of different types +that have a financial impact and are related to any fiscal year shall be retained for at least ten years from the date of issuance of the Consolidated Final Account Law, provided that +the documents, regist ers and instruments requiring permanent preservation are +transferred to the national archives and national library. The said documents, registers +and instruments may be destroyed after the elapse of the stated period if it is established Federal Decree- Law No. (26) of 2019 Regarding Public Finance 32 + to the relevant en tity that they are deemed not necessary, according to the legislation in +force in the State. +2. The documents, registers and instruments may not be destroyed even after the elapse of +the stated period if they are the subject -matter of an investigation or admi nistrative or +judicial dispute. + +Article (74) (bis) +Disclosure Requirements Restrictions +No information, data, or reports may be released or circulated if doing so would: +a. harm the State economic interests; +b. affect security or international relations; or +c. cause financial losses to the State. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (75) +Transfer of Financial Appropriations and Allocations +1. In case a Federal Entity has undergone restructuring, merger or dissolution, or in case any programmes or activities existing between the Federal Entities have been +transferred, cancelled or merged, the Ministry shall be authorised to transfer the financial appropriations and allocations relating to the said entities, programmes or +activities. +2. The accounts of the Federal Entities that have been merged or dissolved shall be closed according to the procedures issued by the Minister. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (76) +Trust Money +1. The Federal Entity shall enter and list the received trust money as a liability in its accounting books until they are used for its intended purpose or is paid to the intended +beneficiary. +2. The Federal Entities shall deposit the trust money in independent accounts and they Federal Decree- Law No. (26) of 2019 Regarding Public Finance 33 + shall be managed by the Ministry, according to the procedures approved by the Federal +Government. +3. The action to claim any trust money sh all not be heard after five (5) years from the date +on which the right of recovery has arisen. After the elapse of the stated period, the trust money shall become public funds to be sent to the State Treasury. +4. Notwithstanding the provision of Clause (3) of this Article, and at the proposal of the +Minister, the Cabinet may issue a decision to refund any trust money that has become public funds after the elapse of the period set out in Clause (3) of this Article, if the right +of the claimant to recover the said funds is established. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (77) +Government Guarantees +1. The Cabinet, on the recommendation of the Ministry, may grant guarantees and pledges +for payment on behalf of any Federal Entity. +2. The decision of the Cabinet shall specify the requirements of gr anting this guarantee or +the procedures to be taken in order to reimburse any money paid by the Government +resulting from the guarantee of the Federal Entity. +3. Any money paid by the Government resulting from a government guarantee shall be +deemed owed debts to the Government. The Minister, in this case, may specify the +requirements for reimbursement of such amounts. +4. The beneficiaries of such guarantees shall be committed to submit monthly and periodic +reports concerning the payment of the debts related to th ese guarantees to the Ministry. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (78) +Limitation of Third -Party Debts +1. Any claim for debts or entitlements owed by the Federal Government entities that have not been sought to be addressed by their owners before the end of the fifth year +following the fiscal year in which they first became due shall not be heard. +2. The Federal Entities shall prepare a detailed statement of the debts that will be erased during the fiscal year within the first three months of the said year. The Federal Entities Federal Decree- Law No. (26) of 2019 Regarding Public Finance 34 + shall pr ovide the Ministry with a copy of the same. +3. The Federal Entity shall publish the extinguished debts that will be erased at the Federal +Government level, in the methods it may deem appropriate. +4. Notwithstanding the provision of Clause (1) of this Article, th e Minister may approve +the recovery of any due sum to its owner after the period for claiming it has passed, up +to a maximum of AED 300,000, if it is established that the owner has the right to claim +the recovery of these funds. Claims that total more than AED 300,000 ""three hundred +thousand UAE Dirhams"" shall be approved by the Cabinet. +5. Notwithstanding the provision of Clause (1) of this Article, trust money whose intended purpose has not yet passed shall not be subject to the statute of limitations. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (79) +Non -enforceability of Federal Entities' Debts to Limitation Periods +No limitation periods shall be applied to the Federal Entities' debts or claims filed against third parties. The relevant Federal Entity shall take all the administrative and legal procedures +available thereto in order to file a claim requesting to pay the debt once it is aware that this debt is due. + +Article (79) (bis) +Follow -up and Review of the State Dues +1. The Ministry shall review the State dues. To accomplish this, the Ministry has the power to review the financial records, follow up on revenue operations of the federal entities, +and verify that revenues are recorded, collected, and transferred to the Unified Treasury +Account in accordance with the procedures approved by t he Federal Government. +2. The Ministry shall provide the Cabinet with biannual reports on uncollected revenues in +the federal entities. + + + Federal Decree- Law No. (26) of 2019 Regarding Public Finance 35 + " +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (80) +Interruption of the Limitation Period +The limitation period provided in article (76/3) and (78) hereof shall be interrupted in case of +filing a claim, whether administrative or judicial, resulting the commencement of a new +period. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (81) +Debt Relief and Write- off +1. The Cabinet may relief the Federal Entities or individuals from the debts and entitlements , in whole or in part, due to the Federal Entities upon request from the +Minister, attached thereto the Ministry's vision, based on the request submitted by the +relevant Federal Entity under a written brief submitted to the Minister attached thereto +the re asons and justifications of such relief. +2. The Cabinet may specify special conditions to grant any relief according to the previous Clause. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (82) +Inventory Committees +1. A permanent inventory committee shall be established in each Federal Entity by a +decision of the competent ministry, the person acting as such or the director general of +the Independent Federal Entity that outlines the committee's missions and the Ministry and the State Audit Institution shall be notified of such decision. +2. The competent department of the Federal Entities is entitled to conduct an inventory for +in-custody cash whenever it deems it necessary. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (83) +Disciplinary Penalties +Without prejudice to any penalty mentioned in any other law, every employee breaching the prov isions hereof shall be penalized in accordance with the disciplinary penalties stated in the Federal Decree- Law No. (26) of 2019 Regarding Public Finance 36 + Human Resources Law in the Federal Government. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (84) +Replaced by Federal Law No. 7 of 2022. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (85) +Abolition of Legislations +1. Federal Law No. (1) of 2011 and amendments thereto, Federal Decree Law No. (8) of +2011 and amendments thereto and Decree Law No. (5) of 2017 shall be abolished. In +addition, any provision that comes in contrary to the provisions hereof shall be +abolished. +2. The regulations, decisions and circulars related to the above -mentioned Federal Law (1) +of 2011 and Federal Decree Law No. (8) of 2011 shall be applied, without prejudice to +the provisions hereof, until the alternative regulatio ns, decisions and circulars that are +going to replace them are issued. +3. The Federal Entities that are excluded from application of the provisions of the above - +mentioned Federal Law (1) of 2011 and Federal Decree Law No. (8) of 2011 by the +Cabinet shall be excluded from application of the provisions hereof until the Cabinet issues decisions to abolish them. + +" +finance and banking,Federal Decree Law No. (26) of 2019 Regarding Public Finance,"Article (86) +Publication and Enforcement of the Law +This Decree Law shall be published in the Official Gazette and shall come into force as of the +day following the date of its publication. + +Khalifa Bin Zayed Al Nahyan +President of The United Arab Emirates + +Issued by Us at the Presidential Palace in Abu Dhabi: +On: 5 Muharram 1441 H +Corresponding to: 4 September 2019 AD " +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (1) +Definitions +In application of the provisions of this Decree by Law, the following words and expressions +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 3 + shall have the meanings assigned thereto respectively unless otherwise required by the +context: + The State or UAE : United Arab Emirates + The Government : the Federal Government + The Ministry : Ministry of Finance + The Minister : Minister of Finance + The Central +Bank : the Central Bank of UAE + The Regulatory +Authorities in +the State : The Central Bank and the Securities and Commodities Authority +(SCA) +The Board of +Directors : Board of Directors of the Central Ban + The Governor : Governor of the Central Bank + The Public +Sector : The Federal Gov ernment, Governments of Emirates that are +Members at the Federation, authorities, institutions and public +companies fully owned thereby which provide public services +and do not primarily practice any activities pertaining to Money +and Capital Markets. + +Government- Affi +liated Entities : The legal person wherein either the government, any +government members of the Federation, or any of the companies +affiliated thereto owns more than fifty percent (50%) of its +capital. + Financial Free +Zones : Free Zones gover ned by the provisions of Federal Law No. (8) of +2004 Concerning Financial Free Zones, and the Laws amending +thereto. + Licensed +Financial +Institutions + : Banks and other financial inst itutions licensed under the +provisions of this Decree by Law to perform one or more of the +Licensed Financial Activities, including those performing all or +part of its activities in accordance with the provisions of Islamic +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 4 + Law, provided that said institut ions are incorporated inside the +UAE or other Jurisdictions, or have branches, subsidiaries or +representative offices thereto inside the UAE + Banks : Any legal person licensed in accordance wit h the provisions of +this Decree by Law to perform the ""accept deposits"" as a main +activity in addition to any other Licensed Financial Activities. + Other Financial +Institutions : Any legal person, other than banks, licensed in accordance with +the provisio ns of this Decree by Law to perform one or more +licensed financial activity. + Higher Sharia +Authority (HSA) : The Authority referred to in article (17) of this Decree by Law. + Money +Exchange House : The legal person licensed in accordance with this Decre e by Law +to perform the activities of cash exchange, monetary transfers +within or outside the UAE and any other businesses to be +defined by the Central Bank. + Representative +office : An office licensed in accordance with the provisions of this +Decree by L aw to represent a financial institution incorporated in +other jurisdictions. + Licensed +Financial +Activities : Financial activities licensed and controlled by the Central Bank as +set forth in article (65) of this Decree by Law. + Authorized +Person : Any na tural person authorized in accordance with the provisions +of this Decree by Law to perform any of the Designated Tasks. + Designated +Tasks : Tasks of the authorized person who performs them at any +Licensed Financial Institution or for the interest thereof which +affect the activity of the institution. + Central Bank's +Own Funds : The Capital and reserves of the Central Bank referred to in Article +(5) hereof. + +Foreign -Exchang: Foreign assets held by the Central Bank denominated in any +reserve curr ency. Such assets are held to cover the Bank's +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 5 + e Reserves liabilities. + Primary Dealers : Any bank that purchases, sells, or recovers any securities issued +by the Public Sector inside the UAE either for itself or on behalf +of third party in accordance with the terms and conditions +developed by the Central Bank. + Standing +Facilities : Monetary policy instruments that are available to a Licensed +Financial Institution to enable the latter to manage its liquidity, in +accordance with the controls and instructions issued by the +Central Bank and based on the provisions of this Decree -Law. + Financial +Infrastructure +System : Means either (1) Clearing and Settlement, or (2) Retail Payment +System whether established, operating, licensed or controlled by +Regulatory Authorities of the State. + Designated +System : The infrastructure system designated by the Central Bank to have +a regulatory importance in accordance with the provisions of this +Decree by Law. + Clearing and +Settlement +System : Any system established for the followin g purposes: (1) clearing +or payment of liabilities, or (2) clearing or settlement of liabilities +concerning transfer of certain book securities or transfer of those +securities. + Retail Payment +System : Any system intended to transfer moneys, instruments, +mechanisms and related arrangements whereby large volume of +payments of relatively low value in the form of cheques, credit +transfers, direct debits, or Payment Card Operations are handled. + Stored Value +Facility (SVF) : Non -cash facilities in an electron ic or magnetic form purchased +by the user to be used as a payment mean for commodities and +services. + Participant : In connection with financial infrastructure, it means any person +who is a party to the arrangement for which the system is +created. + Settlement : In connection with financial infrastructure, it means the person +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 6 + Institution who (1) provides settlement accounts for the participants, and +for any central settlement mediator in capital markets within the +clearing and settlement system in order to settle transfer orders +via the system, and provides credit facilities for settlement +purposes, if necessary, or (2) provides settlement services to any +retail payment system. + Default +Arrangements : In connection with financial infrastructure, it means s ystem +arrangements to limit systemic risks and other risks in case of the +presence of a Participant in the system who is or is likely to +become unable to fulfill his transfer -order liabilities. These +arrangements include any arrangements made by the system +operator or its settlement institution for: (1) netting of liabilities +accrued for or by the participant, (2) closing the open financial +position of a participant, or (3) liquidating collateral securities to +secure payment of liabilities owed by the parti cipant. + Transfer Order : In connection with Financial Infrastructure System, shall mean +any of the following instructions: +1. Instructions by a Participant to make funds at the disposal of +another Participant, to be transferred, on a book -entry basis, in +the accounts of the Settlement Institution for a Clearing and +Settlement System; +2. Putting the funds in another way under the control of a +Participant pursuant to the rules and procedures of the Financial +Infrastructure System; +3. Instructions to dischar ge from liability to pay for the purposes +of the operational rules of a clearing and Settlement System; +4. Instructions by a Participant either to settle an obligation by +way of transferring book securities, or transferring those +securities; +5. Instruct ions by a Participant which gives rise to assuming +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 7 + responsibility or discharge from the obligation to pay the +amounts owed for retail operations. + Netting : In connection with Clearing and Settlement System, means the +conversion of the various liabilities owed to or by a Participant +by or towards all the other Participants in the system into one net +liability owed to or by the Participant. + Mandatory +Reserve : The percentage of deposits existed at licensed financial +institutions received the deposit which the Board of Directors +may decide to be retained by the Central Bank as per the terms +and conditions developed thereby. + Eligible +Securities : Securities approved by the Central Bank and which the Licensed +Financial Institution may present as collaterals for withdrawal +from the Central Bank's funds, in accordance with the controls +and instructions issued by the Central Bank and based on the +provisions of this Decree -Law. + Currency : The UAE official national currency in the form of paper notes, +metal coi ns and digital currency, and its unit is referred to as the +""Dirham"". + Monetary Base : It includes the following: (1) Issued Currency; (2) Aggregate +balances of current accounts of Licensed Financial Institutions +with the Central Bank including the Mandat ory Reserve, in +addition to any other funds deposited with the Central Bank for +clearing and settlement operations; and (3) the outstanding +balance of securities and financial instruments issued by the +Central Bank. + Grievances and +Appeals +Committee : +The committee referred to in article (136) of this Decree by Law. + Person : Any natural or legal person, as the case may be. + Year : Calendar year. +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 8 + Part One +The Central Bank +Chapter One +Organization and Objectives of the Central Bank +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (2) +Autonomy of the Central Bank +1. The Central Bank shall be considered a Federal public institution having its own legal +personality. It shall enjoy the financial and administrative autonomy, and the legal +capacity required to conduct all duties and activities ens uring the achievement of its +objectives. +2. The Central Bank shall not be governed by the provisions of laws pertaining to public finance, tenders and auctions, public audit and public offices. It shall be governed by its +own regulations in these respect s. +3. The functions of State Audit Institution (SAI) as per Federal Law No. (8) of 2011 +Regarding Re -organization of the State Audit Institution, shall be confined to post -audit +of the Central Bank works. It may not interfere with running the Central Bank works, nor +challenge its policies. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (3) +The Central Bank Headquarters +The headquarters of the Central Bank and its official address shall be located in the UAE +capital. By virtue of the Board of Directors' approval, the Central Bank may establish +subsidiaries and open branches, offices and agencies thereof inside and outside the UAE. It +may appoint agents and correspondents inside and outside the UAE. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (4) +Main Objectives and Functions of the Central Bank +The Central Bank shall aim at achieving the following objectives: +1. Maintaining stability of the national Currency within the framework of the monetary +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 9 + system; +2. Contributing to the promot ion and preservation of stability of the financial system in the +State; +3. Ensuring prudent management of the foreign exchange reserves of Central Bank; and +4. Creating an appropriate environment to develop and enhance the role of the insurance +industr y in insuring individuals, property and liabilities against risks in order to protect +the national economy, encourage fair and effective competition, provide the best +insurance services at competitive prices and coverage, and localize jobs in the insurance +market. +For the purpose of achieving its objectives, the Central Bank shall undertake the following +functions and competencies: +a. Developing and implementing the monetary policy, taking into consideration the +general strategy of the State; +b. Exercising the right of currency issuance; +c. Regulating Licensed Financial Activities, establishing the foundations for carrying out +such activities, and determining the standards required for developing and promoting +prudential practices in accordance with the provisions of the present Decree -Law and +international standards; +d. Setting up appropriate regulations and standards for protection of customers of Licensed Financial Institutions; +e. Monitoring the credit status in the State to contribute to achieving balanced growth of +the national economy; +f. Managing foreign exchange reserves to hold, at all times, sufficient reserve assets denominated in foreign currencies to cover the Monetary Base in accordance with the +provisions of the present Decree -Law; +g. Regulating, developing, supervising and maint aining soundness of the Financial +Infrastructure in the State, including electronic payment systems, digital currency, and Stored Value Facilities; +h. Regulating, developing and supervising the insurance sector and business, and +proposing and implementin g the legislation governing the same; +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 10 + i. Receiving applications for establishing and opening branches and representative offices +of insurance and reinsurance companies, insurance agents and related professions, and +issuing the required licenses in accord ance with the legislation governing the same; +j. Protecting the rights of the insured and beneficiaries of insurance business and +monitoring the solvency of insurance companies to provide adequate insurance +coverage in order to protect such rights; and +k. Working on improving the performance and efficiency of insurance companies and +obliging them to abide by the code of professional conduct and ethics in order to +enhance their capacity to better serve beneficiaries of insurance and create positive +compe tition among them. + +Chapter Two +Capital, Reserves and Accounts of the Central Bank +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (5) +Capital and Reserves +1. The capital of the Central Bank shall be Twenty Billion Dirhams (AED 20,000,000,000); +2. A sum of Seventeen Billion, Five Hundred Million Dirhams (AED 17,500,000,000) shall +be transferred from the General Reserve Account to increase the capital to the limit +aforementioned in Clause (1) of this Article; +3. The capital may be increased by virt ue of a federal decree based on a proposal of the +Board of Directors presented by the Minister and approved by the Cabinet. Such +increase shall be paid either by way of transfer from the General Reserve Account or +directly by the Government; +4. The capit al of the Central Bank may be reduced only by virtue of a law; +5. The Central Bank s hall create a General Reserve Account which balance may not exceed +quadruple (4 times) of the paid -up capital aforementioned in Clause (1) of this Article. +Thereafter, the remaining net profits shall automatically be transferred to Government; +6. By the end of each fiscal year, the Board of Directors shall determine the Central Bank's annual net profits after deducting administrative and operational expenses, and +allocating necessary funds accounting for depreciation of assets, reserves, provisions to +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 11 + face the bad and doubtful debts, end of service benefits for the Central Bank staff, along +with the contingencies and/or for all other purposes as may be determined by the Board +of Directors, in addition to all other financial encumbrances normally deductible by +banks from their net profits, in general. The net profits for each fiscal year shall be +deposited in the General Reserve Account; +7. The Cabinet shall issue a resolution specifying the percentage of profits to be retained by the Central Bank until th e total balance of the General Reserve Account reaches the limit +aforementioned in Clause (5) of this Article; +8. Should the balance of the General Reserve Account at end of any fiscal year be insufficient to cover the losses of the Central Bank, the Gov ernment shall cover such +deficit. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (6) +Fiscal Year +The Central Bank's Fiscal Year shall begin on the first of January and shall end on the +thirty -first of December of every year. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (7) +Organizing Operations and Accounts +The Central Bank operations shall be performed, and the balance sheet and accounts shall +be prepared and maintained in accordance with the international standards and banking rules and practices. The Central Bank's transactions with third parties shall be considered +commercial. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (8) +Accounts Auditing +Board of Directors shall appoint and determine remuneration of one or more auditors to be +selected periodically to audit the accounts of the Central Bank. + +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 12 + " +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (9) +Accounting Statements and Reports to be submitt ed +1. The Central Bank shall submit an annual report on the following within three (3) months +as of the end of the fiscal year: +a. Final accounts of the Central Bank endorsed by the auditors. Said accounts shall be published in the Official Gazette; +b. Activities and business of the Central Bank throughout the year; +c. An overview of monetary, banking and financial developments in the UAE. +2. The Central Bank shall submit the following to the Minister: +a. A copy of the annual report aforemention ed in Clause (1) of this Article; +b. The information required by the Minister regarding monetary, banking and financial +developments in the UAE, in addition to a bi- annual report on all aspects pertaining +to said developments; +c. A quarterly statement of the assets and liabilities of the Central Bank. Said statement +shall be published in the Official Gazette. + +Chapter Three +Management of the Central Bank +Section One +Board of Directors +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (10) +Board Member +The Central Bank shall be managed by a Board of Directors comprised of (7) members including the Chairman of the Board and the Governor. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (11) +Appointment of Board Members +1. The Members of the Board of Directors shall be appointed by a Federal Decree based on +a Recommendation of the Cabinet for a four -year term, renewable for similar periods, +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 13 + and the Decree shall designate from among the Members of the Board the Chairman of +the Board and one or more Deputies. +2. The Chairman of the Board and the Deputies thereof and the Governor shall be +appointed on a Minister grade. +3. The Chairman of the Board shall issue a resolution to determine the powers of his +deputies. +4. Subject to the provisions of Clause (3) of this article, the Deputy Chairman of the Board +shall replace the Chairman of the Board in the event of his absence or his position being +vacant; likewise, the Governor shall replace the Chairman of the Board and his Deputies +in the case of their absence or their position being vacant. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (12) +Conditions of Membership +The following conditions shall be fulfilled by the board member: +1. Shall be an Emirati national; +2. Shall be an expert in economic or fin ancial or banking affairs; +3. May not have been declared bankrupt or ceased to repay his debts; +4. May not have been convicted of a crime or misdemeanor involving moral turpitude or +dishonesty unless he is rehabilitated; +5. Shall not be a working Minister except for the Chairman of the Board of Directors; +6. Shall not be a member of the Federal National Council (FNC); +7. Shall not be occupying any job, or position, or be a member of a board of directors of any +institution licensed by any regulatory authority in the UAE or by any other regulatory +authority in the financial free zones; +8. Shall not be a reviewer or auditor of accounts of a Licensed Financial Institution, or an owner or agent or a partner of any accounts au diting companies. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (13) +Resignation or Vacancy of a Position +In case that a board member files his/her resignation or his/her position becomes vacant for +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 14 + any reason, a successor shall be appointed for the remaining period of the term of office of +the Board in accordance with the membership conditions aforementioned in article (12) of +this Decree by Law. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (14) +Termination of Membership +1. Board membership shall terminate by the expiry of the board membership term without +renewal, or by death or resignation of a board member. It may be terminated also by +virtue of Federal Decree to be enacted upon approval of the Cabinet in the following +cases: +a. If the board member commits serious mistakes in the management of the Central +Bank or commits a serious violation to his duties; +b. If the member does not attend three (3) consecutive board meetings without the Board's approval, unless such absence is due to an official duty, annual or sick leave, +or for an acceptable excuse; +c. If the member ceases to fulfill any of the membership conditions aforementioned in article (12) herein; +d. If the member becomes unable to perform his duties for any reason. +2. Board members shall continue to perform their duties after expiry of their term of membership without extension until new members are appointed. + +Section Two +Terms of Reference and Meetings of the Board of Directors +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (15) +Powers and Duties of the Board of Directors +The Board of Directors shall enjoy, within the limits defined by the provisions of this +Decree- Law, full powers to achieve the objectives of the Central Bank. In particular, the +Board of Directors shall: +1. Approve the regulations, rules, standards, inst ructions and work controls to perform its +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 15 + tasks and functions, and take all measures and actions necessary to implement the +provisions of this Decree -Law; +2. Formulate policies concerning the use and management of private funds and the Central Bank's ass ets, and supervise the implementation of such policies; +3. Decide on issues pertaining to the issuance of currency and the withdrawal thereof from +circulation; +4. Issue the regulations regulating Licensed Financial Activities and decide on the issues +pertaining thereto, including control and supervision regulations and procedures and +specify terms and rules related to granting licenses for practicing Licensed Financ ial +Activities and permits for practicing the Designated Tasks; +5. Approve the regulations, rules, standards, instructions and work controls related to +insurance, reinsurance, insurance agents and professions and activities related thereto; +6. Formulate policies and approve regulations pertaining to prudential regulation, standards and guidelines concerning Licensed Financial Activities; +7. Develop the regulations and standards on the protection of Licensed Financial +Institutions' customers; +8. Approve the regulations, controls and procedures needed to counter money laundering +and combat the financing of terrorism and unlawful organizations; +9. Take necessary measures and actions and impose administrative penalties against any +person violat ing the provisions of this Decree -Law or the regulations issued in +implementation hereof; +10. Approve the regulations and rules pertaining to the maintenance of integrity and +efficiency of financial infrastructure systems licensed, established, develope d or +operated by the Central Bank; +11. Adopt risk management and compliance policies of the Central Bank; +12. Adopt the Articles of Association of the Central Bank, issue the organizational structure +and administrative, financial and technical regulations and specify powers and +competences within the limits of the provisions of this Decree -Law; +13. Adopt HR policies of the Central Bank; +14. Approve corporate governance rules of the Central Bank, including a collection of rules +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 16 + and regulat ions aiming at achieving quality and excellence of performance, in line with +the government strategic plans and their objectives; +15. Decide on loans and advances granted to the Government, pursuant to the provisions of +this Decree- Law; +16. Approve settlements and reconciliations pertaining to the Central Bank's functions; +17. Approve the Central Bank's draft annual budget and approve any amendments thereto throughout the year; +18. Approve annual final accounts of the Central Bank and annual net profits; +19. Establish an objection mechanism related to the insurance activity, pursuant to the legislation regulating the same; and +20. Examine all other issues falling within the sco pe of its powers and which would achieve +the objectives and perform the functions of the Central Bank pursuant to the provisions +of this Decree -Law. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (16) +Formation of Committees and Delegation of Powers +1. The Board of Directors may form commit tees, as deemed appropriate, to assist the Board +of Directors in performance of its tasks and competencies pursuant to the provisions of +this Decree by Law. Said committees may be formed from within or outside the Board of +Directors. Also, the Board of Dir ectors may form consultancy committees and councils +comprising persons from outside the Central Bank and may define the remunerations of +members of said committees and councils; +2. The Board of Directors may delegate some of its powers to the Chairman, the Governor, +or to any committee formed from within the Board of Directors; +3. The Board of Directors may review competencies and per formance of committees +formed pursuant to Clause (1) of this Article annually. It may take appropriate actions to +cause said committees adhere to professional and international standards, and to work and governance controls. + +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 17 + " +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (17) +The Higher Shar ia Authority (HSA) +1. Pursuant to this Decree -Law, a sharia authority called the ""Higher Sharia Authority +(HSA)"" shall be established and report to the Central Bank. The members of such +Authority shall not be less than five (5) members and not more than seven (7) members +from among experts and specialists in the jurisprudence of financial Islamic transactions. +2. The Board of Directors shall approve the Authority's working system, functions, +competences and the mechanism for funding costs of its establishment and continuation +of operation. +3. The Governor shall issue a resolution whereby the HSA shall be formed and the +members thereof shall be appointed. +4. Licensed Financial Institutions performing all or part of their business and activities +according to the Rules of Islamic Sharia shall bear all expenses of the Authority +aforementioned in Clause (1) of this Article, including allowances, remunerations and +expenses of its members, as decided by the Board of Directors. +5. The HSA shall develop the rules, standards and general principles applicable to licensed financial business and activities in compliance with the Rules of the Islamic Sharia. It +shall cont rol and supervise internal Sharia audit committees of the Licensed Financial +Institutions referred to in article (79) of this Decree -Law. +6. The HSA shall approve Islamic monetary and financial instruments issued and developed by the Central Bank to manage monetary policy operations in the State. It shall express its opinion on regulatory bylaws and instructions regarding business of +Licensed Financial Institutions that perform all or part of their business and activities in +accordance with the Rules of t he Islamic Sharia. +7. Islamic advisory opinions ""Fatwa"" and opinions of the HSA shall be binding on the +internal Sharia audit committees, referred to in article (79) hereinafter, and to Licensed +Financial Institutions performing all or part of their business and activities in accordance +with the Rules of the Islamic Sharia. +8. The HSA may seek the assistance of a specialized entity, if necessary, to conduct the +external Sharia audit of the business of any Licensed Financial Institution performing all +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 18 + or part of their business and activities in accordance with the Rules of the Islamic Sharia +and conditions and procedures set by the HSA at the expense of the relevant institution. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (18) +Appointment of Senior Officials at the Central Bank +The Board of Directors, upon nomination by the Governor, may appoint senior Central Bank +Officials, with titles of deputy, assistant governors, or any other titles deemed appropriate by +the Board of Directors. The decision whereby said deputies and assista nts are appointed +shall determine their competences, salaries, and remunerations. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (19) +Full- Time Employment at the Central Bank +1. The Governor, his deputies and assistants shall work at the Central Bank on a full- time +basis. None of them may hold any paid or unpaid position at, or be a member of the +Board of Directors of, any of the Regulatory Authorities in the UAE, or in the Financial +Free Zones; or be a member of the board of directors of any Licensed Financial +Institution. They may not be a direct or indirect party to contractual obligations +concluded by the public sector; +2. The prohibition aforementioned in Clause (1) of this Article shall not apply to any tasks entrusted to any of the aforementioned officials by the Government in the Public Sector, +including representation in international conferences, or representation of the Public +Sector on the various committees. This shall be s ubject to the approval of the Board of +Directors. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (20) +Remunerations and Benefits +The Board of Directors shall develop a system regarding remunerations, other benefits of the +Governor and the remunerations of the Chairman and board members. A Federal Decree +shall be issued in respect of the same. +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 19 + " +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (21) +Board Meetings +1. The Boa rd of Directors shall hold an ordinary meeting, at least once every sixty (60) days +upon invitation by the Chairman. +2. The Chairman of the Board may convene the Board whenever necessary. +3. The Chairman of the Board shall convene the Board of Director s upon request of the +board members of at least three (3). + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (22) +Quorum for Meetings +1. The Meeting of the Board of Directors shall not be valid unless attended by at least five +members including the Chairman, a deputy Chairman of the Board or the Governor. +2. The Decisions of the Board of Directors shall be issued by the majority of attending votes +and in the case of a tie, the Chairman of the Board shall have a casting vote. + +Section Three +Powers of the Chairman of the Board and of the Governor +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (23) +Powers of the Chairman of the Board +Without prejudice to the powers and competences of the Chairman of the Board of Directors, the Governor shall be the legal representative of the Central Bank and shall sign, +on its behalf, all instruments, contracts and documents. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (24) +Responsibi lities of the Governor +Without prejudice to any competences vested in the Board of Directors or the Board +Chairman, the Governor shall process all affairs of and manage the Central Bank, issue +regulations, statutes and policies approved by the Board of Dir ectors and issue decisions +necessary for the implementation thereof. The Governor shall be responsible for +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 20 + implementing this Decree -Law, the Central Bank's Statutes and the Board resolutions. He +may delegate any of his powers and competences to any of his deputies, assistants or some +senior officials of the Central Bank. + +Section Four +Other Provisions +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (25) +Exemption from Liability +1. The Central Bank, Board Member, m embers of committees formed by the Board of +Directors, whether from among or from outside the Board of Directors, the staff of the +Central Bank and its duly authorized representatives shall all be exempted from civil +liability towards third parties in resp ect of the following: +a. Performance, or failure to perform the tasks, powers, authorities and business of the Central Bank, or their own tasks, powers, and authorities, and all related practices; +b. The instructions, guidelines, declarations, data, st atements and opinions given +thereby in relation to performance of the Central Bank's tasks, powers, authorities and business, or their own tasks, powers, authorities and business. +2. They shall be exempted from these liabilities unless bad faith with the intention to cause +harm to third parties is proven. The Central Bank shall bear all charges, costs, expenses, +and attorney fees incurred in connection with defending the persons aforementioned in +Clause (1) of this Article in lawsuits pertaining to performance of their duties at the +Central Bank. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (26) +Confidential Information +1. The board members, members of committees formed by the Board of Directors, +employees or representatives of the Central Bank, experts, technicians, and academic +persons with whom the Central Bank deals may not disclose any of the information +banned to be disclosed unless disclosure thereof is made pursuant to the provisions of +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 21 + Clause (3) of this Article. This ban shall remain in effect until termination of m embership +or service or end of the task; +2. All and any information made available to any of the persons aforementioned in Clause +(1) of this Article by virtue of their positions or in the course of performance of their duties shall be deemed confidential so long as they are not available to the public +through formal or legal channels; +3. Information banned to be disclosed may be disclosed whenever such disclosure is +permitted or required by law, or whenever such disclosure is made to entities or +author ities inside the UAE or in other jurisdictions pursuant to provisions of article (28) +hereof. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (27) +Declaration of Conflict of Interests +1. Upon appointment thereof, and in case that any conflict of interests arises, board +members shall declare their interests which may conflict with their membership of the +Board of Directors. Should any board member have a personal interest in any +transaction or contract whereto the Central Bank is party, such member shall declare +such interest prior to discussing the issue, and shall withdraw from the meeting during +which such transaction or contract is discussed. He may not participate in voting +pertaining t hereto. This shall be made in accordance with the code of conduct and +governance rules issued by the Board of Directors. +2. Every employee or representative of the Central Bank shall disclose to his manager or his +immediate superior any interest which may be in conflict with performance of his tasks. +He may not participate in opinions expressed, decisions made or actions taken in this +regard; +3. The Board of Directors shall formulate the code of conduct for employees and representatives of the Central B ank, as well as procedures of disclosure, compliance, and +governance. + + +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 22 + " +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (28) +Cooperation with Local and International Authorities +1. Within the scope of its jurisdiction, and in accordance with the Law, the Central Bank +may cooperate with the regulatory authorities concerned in other countries and with +international institutions by way of providing assistance and exchanging information, +subject to the following: +a. The request shall be based on the principle of reciprocity; +b. The request may not be in contravention of any laws and regulations in force in UAE; +c. The request shall be serious and important; +d. The request may not be in conflict with the public interest and order public +requirements. +2. In coordination and collaboration with the regulatory authorities concerned, the Central +Bank shall exercise its powers over Licensed Financial Institutions operating outside the +UAE or in Financial Free Zones. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (29) +Seeking Assistance of Experts, Technicians, and Academic Persons +The Central Bank may seek assistance and define remuneration and allocations of experts, technicians, and academic persons. The Board of Directors may invite anyone to its meetings +for consultation and opinion on certain issues, provided that such persons shall have no +votes. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (30) +Publishing Draft Rules and Regulations +1. The Central Bank may publish the draft regulations and rules issued thereby in relation +to the regulation of the business of Licensed Financial Institutions and Licensed Financial +Activities in order to obtain opinion thereon by virtue of a public notice to the parties +concerned. +2. The Central Bank may invite the parties concerned to express their opinions on the draft +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 23 + rules and regulations aforementioned in Clause (1) of this Article, within the period +specified by the Central Bank. +3. The Central Bank may decide not to publish the draft regulations aforementioned in +Clause (1) of this Article if it deems such publication shall conflict with the public interest, with realizat ion of the Central Bank's objectives or with implementation of its +duties. + +Chapter Four +Monetary Policy and Financial Stability +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (31) +Monetary Policy Objectives +1. Monetary P olicy aims to maintain soundness and stability of the monetary system in the +UAE to ensure maintenance of required stability and confidence in the national +economy. +2. The Central Bank shall determine monetary instruments and practical means for +achievem ent of monetary policy objectives, including policies pertaining to management +of the exchange rate of the national currency and pertaining to money markets in the +UAE. +3. Upon proposal of the Board of Directors and approval of the Cabinet, the Central B ank +shall determine the exchange rate regime for the national currency. +4. For operational purposes, the Central Bank may adopt measures necessary to manage +and control the official exchange rate of the national currency as per the guidelines developed by the Board of Directors. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (32) +Mandatory Reserve +1. In line with the monetary policy objectives and the current and forecasted liquidity +position, the Central Bank may determine to impose minimum Mandatory Reserve on +each type of deposits or on total deposits held with Licensed Financial Institutions +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 24 + receiving deposits. The Board of Directors shall determine the method of calculating the +percentage of the mandatory reserve, as dee med appropriate thereby. +2. The Central Bank shall specify all operational arrangements concerning maintenance requirements of the Mandatory Reserve aforementioned in Clause (1) of this Article. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (33) +Control of Credit Positions +The Central Bank may develop and set regulations or rules specifying the maximum limits of credit transactions concluded between Licensed Financial Institutions and their customers +as compared to their total stable resources or total deposits of their cust omers. Such limits +may be applicable to a specific Licensed Financial Institution or to all Licensed Financial +Institutions. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (34) +Coordination between Monetary and Fiscal Policies +The Central Bank and the Ministry shall formulate a mechanism for coordinating monetary and fiscal policies to achieve balanced growth in the national economy. Such coordination +shall take place before the beginning of each fiscal year, and whenever necess ary. The +coordination shall be made in respect of volume of government expenditure, debts of the government and governments of emirates members of the Federation, +Government -Affiliated Entities, and companies and institutions owned or managed by the +govern ment, or wherein the government holds shares, and coordination shall be made in +respect of their plans regarding domestic and foreign public debt. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (35) +Designation of Systemically Important Licensed Financial Institution (SIFI) +The Central Bank s hall have the sole power to define any Licensed Financial Institution as +systemically important. In this course, the Central Bank may require the designated Licensed +Financial Institution to take required measures and procedures. +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 25 + " +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (36) +Domestic Mark et Statistics +1. The Public Sector and other agencies, deemed appropriate by the Board of Directors, +shall provide the Central Bank with all the information and statistics required for the +purpose of performing the tasks entrusted thereto pursuant to the provisions of this +Decree by Law. Such information and statistics shall include all monetary and economic statistics, as well as balance of payments statistics and consumer prices. The Central +Bank may publish all or part of these statistics as deemed app ropriate. +2. The Central Bank shall obtain the approval of other Regulatory Authorities in the UAE +regarding accessibility to and/or publication of non -public information and statistics in +relation to institutions regulated by of those authorities. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (37) +Research +1. The Central Bank may conduct research and analyses in areas of macro -economy, and +management of monetary policy, and banking and financial operations of strategic +importance to the UAE economy. +2. The Central Bank shall regular ly publish and issue statistical reports, quarterly and +annual reviews of the Central Bank briefs of policies and working papers that contain +analyses of relevant data to verify soundness and effectiveness of policies decisions. + +Chapter Five +Central Bank Operations +Section One +Operations with the Public Sector +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (38) +Advisor to the Government +The Central Bank shall advise the Government on matters falling within its jurisdiction, and shall express its opinion on monetary, banking, and financial affairs whenever required by +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 26 + the Government. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (39) +Financial Agent for the Government +1. The Central Bank shall take part in negotiations pertaining to the Government's +international monetary and financial treaties. The Central Bank may be entrusted to +implement the provisions of such treaties. +2. The Central Bank may, directly or through Primary Dealers, sell and manage securities +issued or secured by the Government or governments of emir ates members of the +Federation pursuant to an agreement with the government concerned. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (40) +Government Bank +1. For the purposes of achieving objectives of its monetary policy, and to satisfy the needs of the Government and governments of emirates members of the Federation for national +and/or foreign currencies, the Central Bank shall buy or sell foreign currencies from or to the government concerned and governments of emirates members of the Federation at +prevailing exchange rates; +2. The Central Bank shall conduct and provide banking transactions and services for the Government, whether inside the UAE or in other jurisdictions in return for fees. The +Central Bank may also perform and provide banking transactions and services for govern ments of member emirates of the Federation in return for fees; +3. The Government and governments of emirates members of the Federation shall open +accounts in national and foreign currencies with the Central Bank, and shall make +transfers through such accounts; +4. Government funds in national or foreign currencies shall be deposited with the Central Bank, and the latter shall pay or charge interest thereon in view of the prevailing market +rates. Governments of emirates members of the Federation may also deposit funds in +national or foreign cu rrencies with the Central Bank, and the latter shall pay or charge +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 27 + interest thereon in view of the prevailing market rates; +5. Other Public Sector entities may deposit their funds in national or foreign currencies +with the Central Bank. The Central Bank sh all pay or charge interest thereon as +determined by the Central Bank; +6. The Central Bank may grant advances or other credit facilities to the Government at +interest rates to be set in accordance with the terms and conditions of the agreement to +be execute d in this respect between the Central Bank and the Ministry, provided such +advances and credit facilities are granted for the purpose of covering a temporary +unforeseen deficit in Government revenues as compared to its expenditures. The +Government may not re -grant such loans or advances to any other entity. Granted +advances may at no time exceed ten percent (10%) of the government's average revenues realized in the budgets of the last three (3) years. The Government shall repay +these advances within a perio d not exceeding one (1) year as of the date of being +granted the same. In case of non -repayment of said advances on maturity date, the +outstanding balance shall be subject to a late payment interest rate provided for in the +agreement executed between the C entral Bank and the Ministry; +7. The Central Bank may subscribe to securities and debt instruments issued by the +Government for maturities exceeding one (1) year, only in the cases determined by the +Board of Directors. The Government shall repay the amount s due including interests on +maturity dates. In case of late or early payment, an interest rate shall be imposed, as +provided for in the debt agreement. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (41) +Investment and Use of Government Funds +Except for the funds deposited with the Central B ank in accordance with provisions of +article (40) of this Decree by Law, the Central Bank may not interfere in the investment and +use of Government funds, or funds of governments of emirates members of Federation +unless it has been entrusted to do so as pe r the agreement concluded by and between the +government concerned and the Central Bank. + +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 28 + Section Two +Transactions with Financial Institutions, Monetary Authorities and other +Central Banks +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (42) +Opening Accounts and Keeping Balances of Digital Curr ency +First: The Central Bank may open the following accounts: +1. National or foreign currencies accounts for Licensed Financial Institutions and may take +deposits therefrom. The Central Bank may pay or charge interest on such deposits as +agreed upon; +2. Accounts for monetary authorities, other Central Banks, foreign banks, international fi- +nancial and monetary institutions, Or Arab and international monetary funds. The Cen- +tral Bank may pay or charge interest on such accounts, and may act as an agent or cor- +respondent for these entities. +3. Accounts for monetary authorities, other Central Banks, foreign banks, international fi- +nancial and monetary institutions, as well as Arab and international monetary funds. +4. The Central Bank may open any other accounts within the limits and subject to the rules +and requirements issued by the Board of Directors. +Second: The Central Bank may keep other forms of financial accounts of digital currency +whatever its kind within the limits and subject to the rules and requirement s issued by the +Board of Directors. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (43) +Money and Capital Markets Transactions +The Central Bank may conduct the following money and capital markets transactions: +1. Purchase, re -purchase, sell, and accept deposits of gold bullion or coins and precious +metals; +2. Accept and take monetary deposits and pay or charge interest thereon pursuant to the +provisions of article (62) of this Decree by Law; +3. Issue bills payable on demand and other types of payable financial transfers at the +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 29 + Central Bank headquarters, branches, or offices of agents or correspondents thereof; +4. Conduct all foreign currency transactions and external transfers with the Governme nt, +governments of emirates members of the Federation, public entities, local and foreign +banks, licensed money exchange houses, other monetary authorities and Central Banks, as well as other Arab and international financial institutions and funds; +5. Issue securities in the name of the Central Bank, and sell, re -purchase, discount, +rediscount, and redeem such securities for the purposes of monetary policy transactions management; +6. Purchase, re -purchase, sell, discount and rediscount Eligible Securities and other +securities related to the management of its own funds and/or Foreign -Exchange +Reserves pursuant to the adopted terms and conditions; +7. Purchase, re -purchase, and sell commodities and securities compliant with Sharia +provisions in order to d evelop liquidity management instruments for Licensed Islamic +Financial Institutions; +8. Grant collateralized loans, advances, other credit facilities, and financing facilities +compliant with the provisions of Islamic Sharia to Licensed Financial Institutions for the purpose of managing monetary policy transactions in accordance with the terms and +conditions set from time to time and deemed appropriate by the Central Bank; +9. Grant collateralized loans and advances to monetary authorities, Central Banks, foreign +banks, and international financial institutions, and may obtain loans and advances +therefrom, provided that such transactions be consistent with the Central Bank's +functions and competencies. Interests or commissions may be paid or charged for this +purpose; +10. Obtain, guarantee or secure loans and advances, or grant credits in any currency, inside the UAE or in other jurisdictions, in accordance w ith the terms and conditions the +Central Bank deems appropriate for conducting its own business; +11. Conduct all other transactions which would help achieve the Central Bank's objectives. + + + +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 30 + " +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (44) +Protection of Licensed Financial Institutions +The Central Bank shall take all necessary measures it deems appropriate to ensure proper +functioning of Licensed Financial Institutions according to frameworks and limits set by the +Board of Directors. +To that end, the Central Bank may: +a. Call for the g eneral meeting of the Licensed Financial Institution to discuss any issue the +Central Bank deems important; +b. Request that any item the Central Bank deems required be listed on the agenda of the +general meeting of the Licensed Financial Institution; and +c. Suspend the implementation of any decision issued by the general meeting of the +Licensed Financial Institution if it violates laws and regulations in force. +2. The Central Bank may, at its sole discretion in urgent cases where the Licensed Financial +Institution that receive deposits undergoes liquidity pressures or is under crisis management +procedures, provide loans to such institutions to contribute to the enhancement and +protection of the financial system and the protection of the monetary system in the State. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (45) +Appointment of Primary Dealers +1. The Central Bank shall set the rules regulating securities issued thereby or by the +Governmen t in coordination with various stakeholders. Such rules shall include +issuance, custody, trading of these securities in the UAE. +2. The Central Bank may appoint Primary Dealers for securities issued inside the State +whether by the Central Bank or by the Public Sector in accordance with the terms and +conditions set by the Central Bank. +3. For the purpose of listing securities issued by the Public Sector in the State's stock markets, the Central Bank shall appoint Primary Dealers approved thereby who satisfy +the requirements of the regulatory authority concerned. + +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 31 + Section Three +Investment of Foreign -Exchange Reserves and the Central Bank's Own +Funds +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (46) +Foreign -Exchange Reserves +In accordance with the instructions and rules stipulated in the inve stment policy and the +guidelines approved by the Board of Directors, The Central Bank may invest the +Foreign -Exchange Reserves in all or any of the following instruments: +1. Gold bullions, gold coins and other precious metals; +2. Paper notes and coins, call money, and deposits in foreign countries; +3. Securities issued or secured by governments of foreign countries and relevant bodies, or by international monetary and financial institutions. +4. Financial derivatives and other f inancial instruments required for the management of +Central Bank's exposure to interest rates, exchange rates, credit, gold, and other precious metals rates; +5. Any other financial assets the Central Bank deems appropriate to invest therein as +Foreign -Exchange Reserves, subject to approval of Board of Directors. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (47) +Own Funds +In accordance with the investment policy and guidelines set by the Board of Directors, the +Central Bank may use or invest part of its Own Funds in the following manner: +1. Purchase and sell securities, and subscribe to loans issued or secured by the Public +Sector, or buy shares in any entity wherein the Government or governments of emirates +members of the Federation hold shares or is granted a privilege in the State; +2. Invest in investment projects and funds and financial institutions not licensed by the +Central Bank; and +3. Possess real estate properties, equity and movable properties and all relevant issues. + +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 32 + " +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (48) +Appointment of External Parties to Manage Foreign -Exchange Reserves and +the Central Bank's Own Funds +The Central Bank may appoint external parties to manage its Foreign Reserves and Funds in +accordance with the investment policy and guidelines set by the Bo ard of Directors. + +Chapter Six +Miscellaneous Provisions +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (49) +Establishment of Commercial or Financial Companies and Institutions +In the course of achievement of its objectives and performance of its tasks provided for in +article (4) herein, the Cen tral Bank may establish commercial and financial companies and +institutions, or companies or institutions established for any specific purpose, either solely +or in partnership with any other entities inside the State or in other jurisdictions. It may +perform any commercial activity or own moveable and immoveable assets as per the +controls issued by the Board of Directors. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (50) +Lien and Security for Special Rights +1. Debts of the Central Bank shall have the same lien of the Government debts over funds of its debtors. The Central Bank's debts shall be collected in the same method and by the +same means prescribed for the collection of the Government debts and funds. +2. Except for the Mandatory Reserve aforementioned in article (32) hereof, the Cen tral +Bank shall have a lien over the property of Licensed Financial Institutions for the +payment of all its claims and dues of cash balances or assets which constitute collaterals +for these claims and dues when falling due. +3. The Central Bank may purchase or own, by amicable agreement or by means of +compulsory sale, real properties and movable assets to satisfy any of its debts. Such +property shall be sold within the shortest possible time, unless the Central Bank decides +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 33 + to use them to conduct its business pursuant to the provisions this Decree -Law. +4. The Central Bank shall obtain adequate collaterals for satisfying its rights, including +pledge, mortgage or assignment. +5. If the Central Bank's secured rights are not fulfilled on the maturity date thereof, the +Central Bank may, following the lapse of (10) ten days of the date on which the debtor is +duly notified, proceed with the sale of the pledged assets, without prejudice to the +Central Bank's right to initiate other legal proceedings against the debtor until its secured rights are fully fulfilled. +6. Pledged property shall be sold, pursuant to Clause (5) of this Article, by the competent court at the request of the Central Bank. +7. The Central Bank shall collect its d ues from proceeds of the sale to be carried out +pursuant to the provisions of Clause (6) of this Article. Should such proceeds exceed the +amounts due to the Central Bank, the surplus shall be deposited in the Central Bank at +the debtor's disposal without p aying any interests. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (51) +Financial Exemptions +1. The Central Bank shall be exempted from the following: +a. Taxes, fees, and payments relevant to the capital, reserves, Currency issue, or income thereof; +b. Taxes, fees, and payments relevant to contributions, shares, or profits generated from companies and institutions wherein the Central Bank owns a share of its capital. +2. The Central Bank, the companies and institutions wherein it holds the majority of s hares +shall be exempted from bail bonds and court fees required by law. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (52) +Guardianship of Premises and Safe Transport of Funds and Assets +The Government shall provide security guards for the Central Bank to secure its premises, as +well as the security escort needed for the safe transport of funds and valuables free of +charge. +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 34 + " +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (53) +Dissolution of the Central Bank +The Central Bank may be dissolved only by virtue of a law specifying the manner and timing +of liquidation thereof. + +Part Two +Currency +Chapter One +Currency Unit and Issuance +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (54) +Currency Unit +The official Currency of the UAE is ""Dirham"" and s hall be referred as (? ? ?) in Arabic +alphabets and as (AED) in Latin alphabets. Dirham is subdivided into one hundred (100) fills. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (55) +Currency Issuance +1. Issuance of Currency shall be a privilege granted exclusively to the State which shall be +exercised solely and exclusively by the Central Bank. +2. No Person is allowed to issue or put into circulation paper banknotes, coins, or any in- +strument or cheques payable to bearer on demand which have the appearance of, or +purporting or are likely to be confused with the currency, and may be circulated in the +UAE or in any other country as a currency. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (56) +Currency Legal Tender +1. Paper banknotes and digital currency issued by the Central Bank shall be an absolute +legal tender valid for paym ent of any amount up to their full face value. +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 35 + 2. Coins issued by the Central Bank shall be legal tender valid inside the UAE for payment +of any amount up to its full face value but not exceeding fifty (50) Dirhams. Neverthe- +less, should such coins be prese nted to the Central Bank, the latter shall accept them +without any limitation to their value. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (57) +Specifications, Features and Denominations of Currency +1. Paper banknotes issued by the Central Bank sh all be of such denominations, designs, +and specifications as well as features decided by the Board of Directors. Paper banknotes +shall bear the signature of the Chairman of the Board. +2. The Board of Directors shall determine the weights, compositions, mix ratios, allowed +variation, and all other specifications of coins as well as the quantities required to be +minted of each denomination. +3. The Central Bank shall take the necessary proced ures for printing paper banknotes +aforementioned in Clause (1) of this Article, and minting coins aforementioned in Clause +(2) of this Article, in addition to all matters pertaining to such printing, minting and safe- +keeping of such paper banknotes and coin s as well as relevant printing plates and coin +dies. +4. The Central Bank shall issue the forms, specifications and designs of digital currency, re- +quirements and conditions of possession and all other features decided by the Board of +Directors. +5. The Centr al Bank shall publish resolutions whereunder Currency is issued pursuant to +the specifications, designs and all other features in the Official Gazette. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (58) +Gold, Silver and Commemorative Coins +1. The Board of Directors shall set up the conditio ns for sale and purchaser of gold and +silver coins with the Central Bank. +2. The Central Bank may issue commemorative banknote or coins for any party desiring for +the same, as per the rules and conditions set by the Board of Directors. +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 36 + 3. The Board of Directors shall determine the specifications, fineness, weights, +measurements, allowed variation and all other specifications of gold and silver coins, as +well as quantities required to be minted for each denomination. +4. The Central Bank shall take necessary actions for minting gold and silver coins +aforementioned herein, as well as all other matters related to minting and safekeeping +these coins and the relative parts, plates and dies. + +Chapter Two +Circulation and Withdra wal of Currency +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (59) +Paper Banknotes +1. New paper banknotes shall be put into circulation by virtue of a resolution by the Board +of Directors specifying denominations and quantities thereof. Such resolution shall be +published in the Official Gaze tte and shall be communicated to the public via +appropriate media. +2. The Board of Directors may, after approval of the Cabinet, withdraw from circulation any +denomination of paper banknotes against payment of their face value. A resolution to +this effec t shall be published in the Official Gazette and shall be communicated to the +public through appropriate media. +3. Paper banknotes withdrawal resolution shall specify the grace period within which +exchange is allowed, provided that said period may not be less than three (3) months +starting as of the date of publication of the resolution in the Official Gazette. Said grace +period may be shortened to fifteen (15) days, if necessary. +4. Paper banknotes not presented for exchange prior to expir y of the grace period set forth +in Clause (3) of this Article shall cease to be legal tender and may not be used for +transactions. However, holders of such paper banknotes shall have the right to redeem +them at their face value from the Central Bank within ten (10) years from the effective +date of the withdrawal resolution. Paper banknotes not exchanged upon passage of said +ten-year period must be taken out of circulation and their value shall be credited to +Central Bank account. +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 37 + 5. Paper banknotes withdr awn from circulation pursuant to the provisions of Clause (4) of +this Article shall be destroyed by the Central Bank in accordance with the instructions +issued by the Central Bank in this respect. +6. The Central Bank shall be under no obligation to refun d the value of any lost or stolen +paper banknotes, and shall not accept or redeem the value of counterfeit paper +banknotes. +7. The Central Bank shall pay value of torn, mutilated or imperfect paper banknotes +satisfying the conditions of the Central Bank in this regard. Paper banknotes not +satisfying those conditions shall be withdrawn from circulation without any +compensation to bearers thereof. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (60) +Metal Coins +1. Metal coins of various denominations shall be put into circulation by virtue of a resolution by the Board of Directors specifying the quantities thereof. This resolution +shall be published in the Official Gazette and shall be communicated to the public +through appropriate media. +2. Any denomination of the metal coins aforementioned in Clause (1) of this Article may be +withdrawn by virtue of a resolution by the Board of Directors and exchanged for payment of their face value. This resolution shall be published in the Official Gazette and +shall be communicated to the pu blic through appropriate media. +3. The withdrawal resolution shall specify grace period for exchanging withdrawn coins. Said period may not be less than six (6) months from the date of publication of the +resolution to this effect in the Official Gazette. +4. Metal coins not exchanged prior to expiry of the period aforementioned in Clause (3) of +this Article shall cease to be legal tender and may not be used for transactions. They shall +be taken out of circulation and their value shall be credited to the Central Bank account. +5. Should metal coins lose their features, become mutilated, diminished or changed in +shape for any reason other than normal use, the Central Bank shall withdraw such coins from circulation without compensating holders thereof. +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 38 + Arti cle (60) bis +Digital Currency +1. Board of Directors shall issue a resolution to introduce national digital currency into +trading and to withdraw the same when its face value is paid. Such resolution shall be +published in the Official Gazette and shall be announced to the public in appropr iate me- +dia. +2. The Bank shall not be responsible to refund the value of any digital currency that is miss- +ing, stolen or manipulated. The Bank shall not accept any counterfeit currency or pay its +consideration. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (61) +Currency Mutilation, Des truction and Shredding +No Person is permitted to mutilate, destroy or shred Currency in whichever manner. The +Board of Directors shall issue regulations on replacement of mutilated, destroyed or +shredded Currency. + +Chapter Three +Monetary Base +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (62) +Monetary Base Cover +The Central Bank shall, at all times, hold reserves of foreign assets to cover the Monetary +Base pursuant to the provisions of article (63) of this Decree -Law and such reserves of for- +eign assets shall consist of one or more of the follo wing: +1. Gold bullions and other precious metals; +2. Cash assets and deposits, and other monetary and payment instruments denominated in +foreign currencies that are freely convertible in global financial markets, including digital +currencies issued by the Central Banks and other monetary authorities. +3. Securities denominated in foreign currencies issued or guaranteed by foreign govern- +ments and the companies, entities, institutions, and agencies affiliated thereto, or by in- +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 39 + ternational monetary and financial institutions, or by multinational corporations, pro- +vided said securities be tradable in global financial markets. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (63) +Foreign -Exchange Reserves for the Monetary Base Cover +1. The market value of the Foreign -Exchange Reserves balance aforementioned in Article +(62) of this Decree by Law shall not, at any time, be less than seventy percent (70%) of +the value of the Monetary Base. +2. The Board of Directors may reduce the Monetary Base Cover percentage +aforementioned in Clause (1) of this Article for a period not exceeding twelve (12) +months. + +Part Three +Regulation of Licensed Financial Institutions and Activities +Chapter One +General Provisions +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (64) +Prohibition of Performing or Promoting Financial Activities without a +License +1. Licensed Financial Activities m ay be carried on inside or from within the UAE only +pursuant to the provisions of this Decree by Law, the regulations and resolutions issued in implementation thereof. +2. Promotion of any of the Licensed Financial Activities and financial products may be +performed inside or from within the UAE only pursuant to the provisions of this Decree +by Law, the regulations and resolutions issued in implementation thereof. The +promotion referred to in this item shall mean any form of communication, by any +means, wit h the intention to call for or to offer entry into any transaction, or an offer to +conclude any agreement concerning any of the Licensed Financial Activities. +3. The Board of Directors may issue the regulations, rules, standards and directives +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 40 + prohibitin g performance of any of the Licensed Financial Activities without prior +licensing, and prohibiting promotion of Licensed Financial Activities and financial +products. The Board of Directors may take all necessary measures and actions in this +regard. +4. The Board of Directors may exempt any activities, practices, or natural or legal persons, +either in general or in particular, from said prohibition to perform or promote Licensed +Financial Activities. + +Chapter Two +Licensing +Section One +Financial Activities Subject to Licensing +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (65) +Financial Activities +1. The following activities shall be considered financial activities subject to Central Bank +licensing and supervision pursuant to the provisions of this Decree by Law: +a. Taking deposits of all types, including deposits compliant with the provisions of +Islamic Sharia; +b. Providing credit facilities of all types, +c. Providing financing facilities of all types, including financing facilities compliant with +the provisions of Islamic Sharia; +d. Providing currency exchange and money transfer services; +e. Providing monetary intermediation services; +f. Providing stored values, electronic retail payments and digital money services; +g. Providing virtual banking services. +h. Arranging for and/or marketing Licensed Financial Activities; +i. Acting as a principal in financial products affecting the financial position of the +Licensed Financial Institution including, but not limited to, foreign exchange, +financial derivatives, bo nds and Islamic financial certificates ""Sukuk"", ownership of +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 41 + equities, commodities, and any other financial products approved by the Central +Bank. +2. The Board of Directors may: +a. Classify and define Licensed Financial Activities and the practices relating thereto. +b. Add, remove, or modify activities or practices to the list of Licensed Financial +Activities aforementioned in Clause (1) of this Article, following coordination and +agreement with the Regulatory Authorities in the State. Same shall be m ade via the +Financial Activities Committee referred to hereinafter in article (66) of this Decree by +Law. +3. In case a Licensed Financial Institution desires to perform financial activities other than +the activities aforementioned in Clause (1) of this A rticle but are licensed by the +Regulatory Authorities inside the State or by regulatory authorities in other jurisdictions. +Such institution shall obtain approval of the Central Bank prior to obtaining the license +from the regulatory authority concerned. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (66) +Financial Activities Committee +1. The Ministry shall form a technical committee cited as 'Financial Activities Committee' +by virtue of a Cabinet resolution. The Committee shall be chaired by the Minister and +shall comprise a representative of each of the Regulatory Authority in the State. The +Committee shall express opinion on any proposal to regulate any financial activity other than those provided for in the laws of regulatory authorities in the UAE. The Cabinet +resolution shall specify th e Committee's terms of reference and the mechanism for +discharge of its functions. +2. In case that the Financial Activities Committee proposes addition of a certain financial +activity not included in the laws of the regulatory authority concerned to the list of +activities licensed and controlled thereby, approval of the regulatory authority +concerned shall be obtained. + + +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 42 + Section Two +Licensing Financial Institutions +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (67) +License Applications +1. Any Person may submit to the Central Bank a license application to perform one or more +of Licensed Financial Activities, or to add one or more Licensed Financial Activities to an +issued license in accordance with the regulations issued by the Board of Dire ctors; +2. The Board of Directors shall issue regulations, rules and standards, and shall set +conditions for licensing performance of Financial Activities, including the following: +a. Fit and proper criteria; +b. Resources necessary for performance of the activity; +c. Controls and supervision systems; +3. The Board of Directors may, at its own discretion and as it deems appropriate for +safeguarding public interest, add any requirements or conditions to be fulfilled by the +license applicant. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (68) +Compliance with the Scope of the License +1. A Licensed Financial Institution shall carry on its business within the scope of the license granted thereto. +2. No person may introduce himself as a Licensed Financial Institution unless it is an already Licensed Financial Institution. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (69) +Deciding on the Application for License or Expansion of its Scope +1. The application for license or expansion of its scope shall be decided on within a period not exceeding sixty (60) working days from the date of satisfying the requirements and +conditions of the license. The lapse of such period without reply shall be deemed +rejection of the application. +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 43 + 2. The Central Bank may request the applicant to meet the requirements and conditions of +the license within the period it determines. +3. The Central Bank may reject the application or request the addition of any financial activity at its sole discretion, according to the absorptive capacity of the financial sector of the State and the requirements of the domestic market. The decision issued in this +regard shall be final and not appealable before the Grievances and Appeals Committee. +4. The applicant shall be notified of the substantiated rejection decision by means of an +official notice within a period not exceeding twenty (20) days from the date of its +issuance. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (70) +Imposing Conditions and Restrictions on a License +1. The Board of Directors may decide to impose, change, or cancel the conditions and +restrictions on the license of performing Licensed Financial Activities. +2. Prior to issuing its decision aforementioned in Clause (1) of this Article, the Board of Directors may request the financial institution concerned to provide its notes on the +reasons of the decision within the period specified by the Board of Directors. +3. The Licensed Financial Institution shall be notified of the reasoned decision by virtue of +an official notice to be sent within no more than twenty (20) work days as of the date of +issuing said decision. The notice shall include the following: +a. Content s of the decision; +b. Reasons entailing the decision; +c. Advising the Licensed Financial Institution of its right to file a grievance against the +decision before Grievances and Appeals Committee in accordance with the +provisions of this Decree by Law. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (71) +Suspension, Withdrawal, or Revocation of License +1. The Board of Directors may suspend, withdraw, or revoke a license granted to a Licensed Financial Institution in the following cases: +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 44 + a. If the Licensed F inancial Institution fails to meet, or is in breach of one or more of the +conditions or restrictions imposed on the license granted thereto; +b. If the Licensed Financial Institution breaches any of the laws and statutes in force in +the UAE, or any of the regulations, rules, standards, instructions, and guidelines +issued by the Central Bank; +c. If the Licensed Financial Institution fails to take any measures or actions determined +or developed by the Central Bank; +d. If the Licensed Financial Institutio n ceases to perform one or more of the Licensed +Financial Activities for a period exceeding one year; +e. If the business or activities are suspended for a period exceeding one year; +f. If the Central Bank deems, at its own discretion, that full or partial withdrawal, +revocation, or suspension of the license would be necessary for achieving the +objectives and discharging functions thereof; +4. If the Licensed Financial Institution concer ned submits an application for total or +partial suspension or revocation of the license; +h. If the Licensed Financial Institution's liquidity or solvency is exposed to risk; +i. If the capital of the Licensed Financial Institution decreases the minimum capital required in accordance with the provisions of this Decree by Law, or the regulations, +rules, or standards issued by the Central Bank. +j. If the Licensed Financial Institut ion is merged into another financial institution; +k. If the Licensed Financial Institution is declared bankrupt; +l. If the Licensed Financial Institution's officers, employees, or representativ es refrain +from cooperating with Central Bank's officers, representatives, or inspectors, or from +providing required information, statements, documents, or records; +m. If the license of a foreign Licensed Financial Institution is revoked, or if the same is +put under liquidation at the country wherein the headquarters is located, or if the +businesses of branch, companies or Representative Offices thereof in the UAE is +terminated; +2. The Licensed Financial Institution shall be notified of the reasoned wit hdrawal, +revocation or suspension decision by virtue of an official notice to be sent within no +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 45 + more than twenty (20) work days as of the date of making said decision. The notice shall +include the following: +a. Contents of the decision; +b. Reasons enta iling the decision; +c. Date of entry of the decision into force; +d. Advising the Licensed Financial Institution concerned of its right to file a grie vance +against the decision before Grievances and Appeals Committee in accordance with +the provisions of this Decree by Law. +3. After the Grievances and Appeals Committee decides on any grievance or appeal, if any, +or upon lapse of the grace period provid ed for under Clause (2) of this Article, the +decision made by the Central Bank shall be published in two local daily newspapers including one published in Arabic and the other to be published in English. The decision +shall be posted on the official website of the Central Bank and may be announced by any +other means if necessary. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (72) +Use of the Terms “Bank ” or “Masraf +1. The expressions ""Bank"" and ""Masraf"" or any other expression derived therefrom or +similar thereto in any language may not be us ed by entities other than Banks licensed in +accordance with the provisions of this Decree by Law in their business names, +advertisements, or in any manner which would mislead the public as to the nature of their businesses; +2. The following entities shall be excluded from to the provisions of Clause (1) of this +Article: +a. Foreign Monetary Authorities and Central Banks; +b. Any federation or association established for protection of Banks' interests; and +c. Any other institut ion exempted by the Board of Director. + + + +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 46 + " +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (73) +Entry on the Register +1. The Central Bank shall create an electronic register called ""Register of Licensed Financial +Institutions"" whereon financial institutions licensed by the Central Banks shall be +entered. The register shall include all data pertaining to these institutions and all +modifications thereof. Rules and requirements for entry on said register shall be set by +virtue of a resolution by the Board of Directors. The resolution licensing the se +institutions along with any amendments thereto shall be published in the Official Gazette. This Register shall be published in the official website of the Central Bank. +2. A Licensed Financial Institution may not commence any Licensed Financial Activity +unless it is entered on the register. +3. Fees of licensing and entry on the register shall be deposited in a special account with +the Central Bank. The Board of Directors shall make a resolutio n organizing the +operation of the account, and setting the rules for withdrawing funds therefrom. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (74) +Legal Form +1. Banks shall have the form of public joint -stock companies, as authorized by the law or +decree establishing them, with the excep tion of branches of foreign banks operating in +the State and specialized banks with low risks determined in accordance with the conditions and rules set by the Board of Directors. +2. Other Financial Institutions may have the form of joint -stock companies or limited +liability companies, in accordance with the conditions and rules issued by the Board of +Directors. +3. Exchange Houses and financial intermediaries may be sole proprietorships or have any +other legal form, in accordance with the conditions and rules issued by the Board of Directors. + + +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 47 + " +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (75) +Minimum Capital Requirements +The Board of Directors shall formulate regulations concerning the minimum capital +requirement for Licensed Financial Institutions, and conditions and instances of capital +increase or reduction. The regulations shall provide for the risk -based capital requirements, +and the necessary actions to be taken in case of capital shortfall, in addition to the measures +taken by the Central Bank in this regard. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (76) +Shareholding and Ownership in Licensed Financial Institutions +1. Without prejudice to the financial and commercial activities restricted to U AE nationals +prescribed in any other law, the Board of Directors shall determine the conditions and +controls for holding shares in Banks incorporated in the UAE and their capital contributions therein. In all cases national shareholding in banks may not be less than +sixty percent (60%). +2. The BOB may specify the conditions and controls concerning percentage of citizens' and +foreigners' ownership of shares and capital contributions in Other Financial Institutions +incorporated in the UAE. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (77) +Amendment of the Memorandum and Articles of Association +1. Licensed Financial Institutions shall seek Central Bank's approval of the amendments +made to their memorandum or articles of association. Such amendments shall only take +effect after entry thereo f on the register. +2. The Central Bank shall decide on the application, and in case of rejection of entry +thereof, the matter shall be presented to the Board of Directors who shall make a final +decision thereon. + + +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 48 + Section Three +Provisions for Licensed Islamic Financial Institutions +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (78) +Scope of Activity +1. Licensed Financial Institutions performing all or part of their activities and carrying on +their businesses in accordance with the provisions of Islamic Sharia may p erform the +Licensed Financial Activities mentioned hereinabove in article (65), whether for their +own account or for the account of or in partnership with third parties, provided such activities and businesses are compliant with provisions of Islamic Sharia. The Board of +Directors shall develop regulations specifying the activities, conditions, rules, and +standards of operation of these institutions in line with the nature of the license granted +thereto. +2. Licensed Financial Institutions aforementioned i n Clause (1) of this Article, in respect of +their businesses and activities compliant with provisions of Islamic Sharia which are +performed for the interest of their customers rather than their own interest, shall be +exempted from: +a. Provisions of Claus e (1) of article (93) of this Decree by Law; +b. Provisions of Clause (2) of article (93) of this Decree by Law, provided that such +exemption does not contradict the provisions of local statutes in force in the relevant +emirate member of the Federation. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (79) +Internal Sharia Audit +1. Every Licensed Financial Institution performing all or part of its activities and carrying on its businesses in accordance with the provisions of Islamic Sharia shall form an +independent internal audit committee called ""Internal Sharia Audit Committee"" +comprising experts and specialists of Islamic financial and banking transactions. Said +committee shall provide Sharia supervision over and approval of all businesses, +activitie s, products, services, contracts, documents and covenants of the institution +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 49 + concerned. The committee shall formulate necessary Sharia controls within the +framework of rules, principles and standards set and formulated by the HSA to ensure +their compliance with Islamic Sharia provisions. Consultations and opinions of said +committee shall be binding. +2. Internal Sharia Audit Committee shall be formed by the general meeting of the Licensed +Financial Institution concerned in accordance with the provisions of Commercial +Companies Law mentioned hereinabove. Names of nominated members of the Internal +Sharia Audit Committee shall be presented to the HSA for approval prior to presentation +of the same to the General Meeting and making a decision approving their app ointment. +3. Members of the Internal Sharia Audit Committee are not permitted to occupy any +executive position in the institution aforementioned in Clause (1) of this Article, or to +conduct any businesses falling outside the scope of work of the Committe e. They may +not be shareholders in said institution, and neither they nor any of their first -degree +relatives may have any interest therein. +4. In case that any disagreements about any legal issue arise among the members of +Internal Sharia Audit Committe e or between the Internal Sharia Audit Committee and +the board of directors of the institution concerned, the matter shall be referred to the +HSA which opinion thereon shall be final. +5. Every institution provided for in Clause (1) of this Article shall establish an internal +department or division, commensurate with the size of businesses and activities of the +institution concerned. Said department or division shall be responsible for Internal +Sharia Audit and for monitoring the compliance of the institut ion concerned with the +legal consultations ""Fatwa"" and opinions of the Internal Sharia Audit Committee. This +department or division shall report to the board of directors of the institution concerned. +Their staff may not have any powers or executive respon sibilities towards the +businesses, activities and contracts which they review or audit from Sharia perspective. +Said department or division shall be chaired by a Sharia Auditor to be appointed by the +board of directors of the institution concerned. + + +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 50 + " +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (80) +Internal Sharia Audit Committee's Report +1. Internal Sharia Audit Committee shall prepare an annual report to be presented at the +general meeting of the Licensed Financial Institution performing all or part of its +activities and businesses in accordance with Islamic Sharia. The report shall be prepared +using the form prepared by the HSA, and shall indicate the extent of compliance of +management of the institution concerned with the provisions of Islamic Sharia in terms +of all its activities, businesses, offered products, contracts concluded thereby, and +documentation used. Said report shall include the following: +b. A statement on the extent of independence of the Internal Sharia Audit Committee in +discharge of its function; +b. A statement on compliance of policies, accounting standards, financial products and +services, operations and activities in general, together with the memorandum, +articles of association, and financial statements of the relevant institution with the +provisions of Isla mic Sharia throughout the last fiscal year; +c. A statement on the compliance of distribution of profits, bearing of losses, costs, and +expenses among and by shareholders and investment account holders with the +Fatwas and opinions of the Internal Sharia A udit Committee; and +d. A statement on any other breaches to provisions of Islamic Sharia and to the controls +established by the HSA. +2. Internal Sharia Audit Committee shall submit its report to the HSA within no more than +two (2) months as of the end of the fiscal year in order for the HSA to express its opinion +thereon prior to holding the general meeting of the institution concerned. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (81) +Supervision by the State Audit Institution (SAI) +In case that a Licensed Financial Institution performing all or part of its businesses and +activities in accordance with Islamic Sharia is supervised by the State Audit Institution +pursuant to t he Re -organization of the State Audit Institution law aforementioned, the SAI +responsibilities shall be confined to post -auditing, and shall not interfere in the conduct of +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 51 + business or in the policies of these institutions. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (82) +Contravention of Islamic Sharia Provisions +Whenever it is established that a financial institution performing all or part of its businesses +and activities in accordance with the provisions of Islamic Sharia does not comply with such +provisions, as per Fatwas and opinions o f the Internal Sharia Committee, and Fatwas and +opinions of the HSA, the Central Bank shall inform the institution concerned accordingly +after consulting with the HSA, and shall request the institution to adjust its status under +supervision of the Internal Sharia Audit Committee within thirty (30) business days as of the +date on which it is notified of the same. The Central Bank shall adopt the appropriate corrective measures and actions in case of failure of the institution concerned adjust its +status. + +Section Four +Provisions on Undertaking Designated Tasks Entailing the Central Bank +Authorization +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (83) +Designated Tasks +1. The Board of Directors may issue regulations, rules, standards, conditions, and +instructions specifying Designated Tasks sub ject to Central Bank authorization, and +concerning the individuals who shall be required to obtain Central Bank authorization to undertake said tasks including requirements of fitness and properness, and requirements for exemption from certain standards or requirements; +2. Without prejudice to the provisions of Clause (1) of this Article, Designated Tasks subject +to Central Bank authorization shall include such functions carried out by board +members, chief executive officers, senior managers, executives, and Authorized +Individuals of Licensed Financial Institutions; +3. No one may undertake any of the Designated Tasks at a Licensed Financial Institution +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 52 + unless the Central Bank's prior authorization is obtained; +4. Licensed Financial Institutions shall adopt and take all measures and actions to ensure +that no officer, employee, or any other individual representing them shall undertake any +of the Designated Tasks without prior authorization of the Central Bank; +5. Any person authorized pursuant to the provisions of this Article shall abide by limits of +powers vested therein under the authorization; and +6. No person shall introduce itself as an Authorized Peron unless he is so authorized by the +Central Bank. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (84) +Application for Authorization to Undertake Designated Tasks +1. A Licensed Financial Institution may submit an application to the Central Bank for +authorization of any individual to undertake any of the Designated Tasks or to +undertake additional Designated Tasks. +2. The Central Bank may require the applicant to provide all necessary information enabling it to decide on the application. +3. A Licensed Financial Institution shall notify the Central Bank of any material changes +concerning the requirement for granting authorization to undertake the Designated +Tasks. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (85) +Deciding on of Application for Authorization to Undertake Designa ted +Tasks or to add others +1. Application for authorization or extension of the scope of authorization shall be decided +on within no more than twenty (20) business days as of the date of meeting all +conditions and requirements for authorization. Lapse of said period without making a +decision on the application shall be considered an implicit rejection thereof. +2. The Board of Directors may reject an application for authorization or for addition of +other Designated Tasks to an Authorized Person if the Bo ard of Directors deems that +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 53 + rejection thereof would serve public interest, or that the authorization conditions and +requirements are not fulfilled. +3. The applicant shall be notified of the rejection decision by way of an official notice within no more t han twenty (20) business days from date making said decision. The +notice shall include the following: +a. Content of the decision; +b. Reasons for the decision; and +c. A statement advising the applicant of its right to file a grievance against the rejection +decision with the Grievances and Appeals Committee pursuant to the provisions of +this Decree by Law. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (86) +Imposing Conditions and Restrictions on the Authori zation to Undertake +Designated Tasks +1. The Central Bank may decide to add conditions or restrictions to the Authorization to undertake Designated Tasks; +2. Prior to making the decision aforementioned in Clause (1) of this Article, the Central Bank may request the Licensed Financial Institution concerned to provide its notes on +the reasons of the decision within such period to be specified by the Central Bank; +3. The Licensed Financial Institution shall be notified of the decision by way of an official +notice within no more than twenty (20) business days from date making said decision. +The notice shall include the following: +a. Content of the decision; +b. Reasons for the decision; and +c. A statement advising the Licensed Finan cial Institution concerned of its right to file a +grievance against the decision with the Grievances and Appeals Committee pursuant +to the provisions of this Decree by Law. + + + +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 54 + " +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (87) +Suspension, Withdrawal, or Revocation of an Authorization to Undertake +Designated Tasks +1. The Central Bank may suspend, withdraw, or revoke the authorization granted to an +individual undertaking Designated Tasks under an official notice in the following cases: +a. If the Authorized Individual ceases to meet or becomes in violation of one or more of +the fitness and properness criteria and other conditions or restrictions imposed on +the authorization to undertake Designated Tasks; +b. If the Authorized P erson violates any of the laws and regulations in force in the UAE, +or the regulations, rules, standards, or guidelines issued by the Central Bank; +c. If the Authorized Person fails to adopt or take any measures or actions provided for +by the Central Bank; +d. If the Central Bank deems that full or partial withdrawal, revocation, or suspension of +the authorization helps in achieving objectives and discharging the functions thereof; +e. If the Authorized Person is declared bankrupt; or +f. If the Authorized Person refuses to cooperate with the officials, representatives, or +inspectors of the Central Bank, or refrains from providing required information or +records. +2. In all cases, the authorization shall be revoked in case that the License d Financial +Institution where the Authorized Person works files a revocation application or in case of +termination of the Authorized Person's relationship with said institution. +3. The Licensed Financial Institution where the Authorized Person works shall be notified +of the decision to withdraw, revoke, or suspend the authorization within no more than twenty (20) business days from date of making a decision to this effect. Such notice shall +include the following: +a. Content of the decision; +b. Reasons for the decision; +c. Date of entry of the decision into force; and +d. A statement advising the Licensed Financial Institution of its right to file a griev ance +against the decision with the Grievances and Appeals Committee pursuant to the +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 55 + provisions of this Decree by Law. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (88) +Prohibition of Undertaking Designated Tasks at Licensed Financial +Institutions +1. The Central Bank may prohibit any individual from performing or undertaking +Designated Tasks related to Licensed Financial Activities if the Central Bank considers +the individual concerned not fit and proper to perform or undertake such Designated +Tasks. +2. The Licensed Financial Institution concerned shall be notified of the decision to prohibit the individual concerned from performing or undertaking Designated Tasks therein by +virtue of an official notice within no more than twenty (20) business days as of date of +making said decision. Such notice shall include the following: +a. Content of the decision; +b. Reasons for the decision; +c. Date of entry of the decision into force; and +d. A statement advising the Licensed Institu tion and the person concerned of their right +to file a grievance against the decision with the Grievances and Appeals Committee +pursuant to the provisions of this Decree by Law. + +Chapter Three +Responsibilities of Licensed Deposit -Taking Financial Institut ions +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (89) +Compliance with the Central Bank's Instructions +1. Licensed Deposit -taking Financial Institutions shall comply with all rules, regulations, +standards, circulars, directives and instructions issued by the Central Bank in connection +with lending or other matters deemed necessary for achieving the Central Bank +objectives. +2. The Central Bank may adopt and take all necessary measures and actions, and may use +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 56 + all means which would ensure proper conduct of business at Licensed Deposit -Taking +Financial Institutions. Such instructions, directives, measures, procedures, or means may +either be g eneral for all Licensed Financial Institutions, or be specific for certain Licensed +Financial Institutions. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (90) +Risk Bureau at the Central Bank +The Risk Bureau at the Central Bank shall collect, exchange and process of credit +information obtaine d from Licensed Financial Institutions or any other party as deemed +necessary by the Central Bank. This bureau shall operate in accordance with the conditions and controls determined by the Board of Directors. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (91) +Protection of Depositors' Intere sts +1. Each Licensed Deposit -Taking Financial Institution shall prepare a quarterly statement, +in the form specified by the Central Bank, indicating all the credit and financing facilities +granted by said Institutions to: +a. Any member of its board of di rectors; +b. Any establishment or company where the institution concerned is a partner, director, +agent, guarantor or warrantor; +c. Any company where any board member of the institution concerned is a director or an agent; +d. Any company where an employee, expert or representative of the institution +concerned is a director, executive officer, agent guarantor or warrantor; +e. Any Person holding a controlling interest in the institution concerned, or in a +company related theret o as per provisions of article (95) of this Decree by Law; +f. Any subsidiary of the group owning the institution concerned; +g. Any company related to the institution concerned as per the controls set by the +board of directors; +h. Any person related directly or indirectly to any board member in the institution +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 57 + concerned as per the controls set by the board of directors; and +i. Any other Person determined by the board of directors as per its controls. +2. The Central Bank shall be provided with copy of the statement aforementioned in Clause +(1) of this Article within ten (10) days as of end of each quarter of the fiscal year, or as of +the date of request made by the Central Bank to this effect. +3. If it is shown from reviewing th e statement aforementioned in Clause (1) of this Article +that any of the credit or financing facilities granted by the Licensed Financial Institution, or that any exposure of a particular person may harm the interests of depositors of the +Licensed Financial Institution concerned, the Central Bank may take one or more of the +actions listed below: +a. Require the institution concerned to allocate provisions for these facilities, or to reduce its exposure to a particular person for such period and pursuant to such +mechanism determined by the Central Bank; and +b. Prohibit the institution concerned from providing further credit facilities to the person concerned, or impose certain restrictions on facilities granted to the person +concerned, as deemed appropriat e. + +Chapter Four +Prohibitions +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (92) +Prohibition of Conducting Specific Transactions + +1. The Central Bank may prohibit Licensed Financial Institutions from conducting all or part +of the following: +a. Dealing in specific assets, investments, or monetary and financial instruments; +b. Making certain dealings, or conduct specific transactions or commercial businesses; or +c. Dealing with specific persons. +2. The Board of Directors may issue rules, regulations and standards concerning the +transactions and operations aforementioned in Clause (1) of this Article, and may adopt +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 58 + and take necessary measures and actions, as deemed appropriate. +3. The Licensed Financial Institution concerned shall be notified of Central Bank's decision +by virtue of an official notice within a no more twenty (20) business days as of the date +of making said decision. The notice shall include the following: +a. Content of the decision; +b. Reasons for the decision; +c. Date of entry of the decision into force; and +d. A statement advising the Licensed Financial Institution of its right to file a grievance +against the decision with the Grievances and Appeals Committee pursuant to the +provisions of this Decree by Law. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (93) +Prohibition of Conducting Non -Banking Businesses +Banks may not conduct any non -banking businesses, including the following in particular: +1. Performing any commercial or industrial activities for its o wn account, or acquiring, +owning or trading in goods, unless acquisition or ownership of such goods is made by +way of settlement of debts due by third parties thereto, in which case the goods must be +disposed of within the period specified by the Central B ank. +2. Buying properties for its own account, except in the following cases: +a. Properties whose value does not exceed the percentage set by the Board of Directors of the total capital and reserves thereof. +b. Properties owned by virtue of direct settlement of debts exceeding the percentage aforementioned in paragraph (a) of this Clause, and in such case, the Central Bank +shall sell these properties within three (3) years. This period may be extended by an +appro val from the Central Bank based on the guidelines set by the Board of +Directors. +3. Buying, acquiring or dealing in shares of the Bank in excess of the ratios set by the Board +of Directors, unless the excess has been transferred thereto in settlement of a debt, in +which case, the Bank must sell the shares in excess of the said ratio, within two (2) years from date of acquisition thereof. +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 59 + 4. Buying shares of commercial companies, except within the percentage of the Bank's own +funds set by the Board of Di rectors, unless said shares are acquired in settlement of a +debt, in which case the excess must be sold within two (2) years from date of acquisition. +5. The Board of Directors shall issue regulations for Banks designating the maximum limits for buying and dealing in securities issued by any foreign government or entities +affiliated thereto, or by any foreign commercial company. These maximum limits shall +not apply to securities issued or guaranteed by the Public Sector. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (94) +Restriction on Granting Credit Facilities +1. Notwithstanding the provisions of article (153) of the Commercial Companies Law referred to, Licensed Financial Institutions may grant credit facilities to their board +members or employees and their relatives as determined by the Board of Directors. +2. The Board of Directors shall determine conditions and controls of credit facilities which +may be granted to the categories referred to in Clause (1) of this Article. +3. No Licensed deposit -taking Financial In stitution may grant credit facilities to its +customers against their shares therein. +4. The Board of Directors shall issue regulations for the licensed deposit -taking financial +institutions regarding the maximum limits of credit facilities granted for th e purpose of +constructing residential or commercial buildings. + +Chapter Five +Control and Supervision over Licensed Financial Institutions +Section One +Control and Supervision Provisions +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (95) +Provisions Concerning Holders of Controlling Interest +1. No person may hold or increase a controlling interest in any Licensed Financial +Institution, nor exercise any powers which would make it a holder of controlling interest, +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 60 + at the discretion of the Central Bank, unless the Central Bank's prior consent is obtained. +2. Licensed Financial Institution may not allow any person to hold a controlling interest +therein unless said institution obtains the Central Bank's prior consent. +3. The Board of Directors shall issue regulations, rules, standards, conditions, instructions, +and restrictions concerning controlling interests and instances of control. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (96) +Opening Bra nches inside the UAE and in Other Jurisdictions +Licensed Financial Institution may not open any branch or representative office thereof inside the UAE or in other jurisdictions, and may not relocate or closedown any existing +branch without Central Bank's p rior approval. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (97) +Providing Information and Reports to the Central Bank +1. Licensed Financial Institutions shall: +a. Provide the Central Bank with reports, information, statements, lists and other +documents determined and deemed necessary by the Central Bank for achieving the objectives and discharge of functions thereof; +b. Appoint qualified employees who shall be assigned to prepare the reports required by the Central Bank; and +c. Adopt appropriate measures to ensure that the persons assigned in accordance with the paragraph (b) of this Clause obtain the information required for preparation of the reports. +2. Licensed Financial Institutions may not ins truct, direct or agree with any of its directors, +officers, employees, agents representing it, or auditors of its accounts to refuse providing +the Central Bank with the requirements referred to in Clause (1) of this Article. +a. The Central Bank shall set rules and guidelines for regular compilation of information +from Licensed Financial Institutions. +4. The Central Bank shall specify the nature, forms and grace periods granted for submission of information. Licensed Financial I nstitutions shall provide such +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 61 + information in accordance with the instructions issued by the Central Bank in this +regard. +5. The provisions of this Article shall apply to branches of foreign Licensed Financial Institutions operating in the UAE. +6. The Board of Directors shall set the regulations, rules, standards, and instructions +regarding provision of requirements referred to in this Article, and may adopt and take all measures and actions deemed appropriate against the institution concerned or any of +its employees aforementioned in Para. (b) of Clause (1) of this Article. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (98) +Reporting Violations +1. Licensed Financial Institutions, their legal representatives, compliance officers, and +auditors shall be responsible for immediate reporting of any of the following to the +Central Bank +a. Occurrence of any material or fundamental developments which would impact the institution's activities, structure, or ove rall position; +b. Occurrence of any violation to the provisions of this Decree by Law or the +resolutions, regulations, or instructions issued in implementation thereof. +2. The persons aforementioned in Clause (1) of this Article shall not be considered to have +breached any of the obligations imposed thereon in case of filing a report as per provisions of this article or providing information or opinion to the Central Bank if they +are acting in good faith. The Licensed Financial Institution may not dismiss any of the +persons aforementioned in Clause (1) of this Article without the approval of the Central +Bank. +3. The Central Bank shall create a mechanism for reporting any violations aforementioned +in Clause (1) of this Article. + + + + +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 62 + " +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (99) +Submission of Information Required by the Central Bank on Financial +Position +1. Each Licensed Financial Institution shall provide the Central Bank with the statements +and reports pertaining to its financial position. +2. Each Licensed Financial Institut ion shall provide the Central Bank, with the following +within a no more than three (3) months as of the end of the fiscal year, or within such +period as the Central Bank may specify: +a. Copy of the audited balance sheet showing use of assets and liabilit ies arising from +operations of the institution concerned. +b. Copy of the audited profit and loss statement accompanied by any relevant notes. +c. Copy of the report of auditors concerning the institution concerned. +d. Copy of report of the board of directors of the institution concerned. +3. The Central Bank may also request the Licensed Financial Institution to provide the +following: +a. Copy of the interim profit and loss statement on a biannual basis, or for other periods +specified by the Central Bank. +b. Any other additional information, reports, or statements deemed necessary. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (100) +Merger and Acquisition +1. Licensed Financial Institution may not merge with or acquire any other institution, +regardless of the nature of its activity, nor transfer any part of its liabilities to another +Person unless the Central Bank's prior approval is obtained. +2. Without prejudice to the statutes in force in the UAE concerning merger and acquisition, +the Board of Directors may issue all regulations, rules, standards, conditions, +instructions, and directives pertaining to merger and acquisition. +3. Licensed Financial Institut ion shall be notified of Central Bank's decision rejecting the +proposed merger or acquisition by virtue of a notice within no more than twenty (20) +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 63 + business days as of the date of making said decision. The notice shall include the +following: +a. Content of the decision. +b. Reasons for the decision. +c. Date of entry of the decision into force. +d. A statement advising the Licensed Financial Institution concerned of its right to file a +grievance against the decision with the Grieva nces and Appeals Committee, in +accordance with the provisions of this Decree by Law. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (101) +Cessation of Business +No Licensed Financial Institution may cease to operate fully or partially or cease to perform +all or part of its Licensed Financial A ctivities unless approval of the majority shareholders +thereof and approval of the Central Bank is obtained. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (102) +Authority to Issue Instructions and Directives for Prudential Purposes +1. For the purposes of prudential regulation, the Board of Directors may issue necessary +instructions and directives for one or more Licensed Financial Institutions falling within a +specific category concerning: +a. Compliance with Central Bank instructions and directives relating to prudential ratios determined by the Board of Directors concerning capital adequacy, liquidity +ratio or any other purposes. +b. Adherence to provisions, or processing of specific assets. +c. Adherence to limits of large exposures. +d. Adherence to limits of exposures to related parties. +e. Satisfaction of any additional requirements pertaining to reporting. +2. The Central Bank may take any actions in addition to those aforementioned in Clause (1) +of this Article. +3. The Central Bank may instruct any subsidiary of a Licensed Financial Institution to take +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 64 + particular actions, or refrain from performing certain activities in case that: +a. The Central Bank is the consolidated regulatory authority over the institution +referred to in this Clause. +b. The Central Bank deems that such instruction is necessary for the exercise of +effective and consolidated prudential regulation of the institution referred to in this +Clause. +4. The instructions and directives aforementioned in Clause (3) of this Article may include +the following: +a. Obligating subsidiary of the Licensed Financial Institution concerned to suspend +provision of particular services or to abstain from performance of certain businesses +or activities including closure of any of its offices or branches outside the UAE if such +services, businesses or activities would expose the Licensed Financial Institution +concerned to additional risk, or to risks that may not be manage d effectively and +appropriately. +b. Obligating subsidiary of the Licensed Financial Institution concerned to take all +necessary actions to remove any impediments which would hinder effective +consolidated regulation. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (103) +Limits of Operations +The Central Bank may set limits whereto Licensed Deposit -taking Financial Institutions shall +adhere in their operations including the following: +1. The maximum of total discount operations or loans and advances the Licensed Financial +Institution is allow ed to make as of a certain date. +2. The maximum amount a Licensed Financial Institution may lend to a single person in +proportion to said person's own funds. +3. Any other limits the Central Bank may set. + + +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 65 + " +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (104) +Governance of Licensed Financial Institutions +1. The Central Bank shall formulate a general framework for governance of Licensed +Financial Institutions, and shall set rules and regulations organizing the works of their +boards of directors along with the requirements to be satisfied by nominees for +membership of their boards, and the requirements for appointment of their senior +officers; provided that Licensed Financial Institutions listed in the UAE's capital markets +shall adhere to the minimum requirements of corporate governance set b y the +regulatory authority concerned. +2. Licensed Financial Institutions must obtain Central Bank's prior approval of appointment +or nomination of any board member, renewal of board membership, an d appointment +senior staff, or renewal of the employment contract thereof. +3. The Board of Directors, as deemed necessary for the public interest, may reject appointment, nomination, or renewal of membership of any person in board of directors +of the Lic ensed Financial Institution, and may also reject appointment or renewal of the +employment contract of any of the senior staff of said institution. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (105) +Rule Book +The Central Bank shall prepare an electronic Rule Book containing all rules, regulations, +standards, resolutions, and circulars issued thereby pursuant to the provisions of this Decree +by Law. Said Rule Book shall be posted and updated regularly on the Central Bank's website. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (106) +Retroactive Effect of Central Bank Regulations and Resolutions +Regulations, resolutions, or instructions issued by the Central Bank pursuant to the provisions of this Decree Law shall not have a retroactive effect, and same shall not prevent +implementation of agreements between Licensed Financial Institutions and their customers +concluded prior to issuance of said regulations, resolutions or instructions. The Central Bank +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 66 + shall set the grace periods necessary to enable said institutions to adjust their stat uses in +accordance with the provisions of this Decree by Law. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (107) +Inspection +1. The Central Bank may, at any time as, deemed necessary and appropriate, send any of its +employees or any third party authorized to act on its behalf to Licensed F inancial +Institutions, the companies owned thereby, or their subsidiaries to ensure soundness of their financial positions, and their compliance with the provisions of this Decree by Law, the regulations and resolutions issued in implementation thereof, an d with any laws and +regulations in force in the UAE. +2. In case of inspecting companies owned by Licensed Financial Institutions and their +subsidiaries which are governed by Regulatory Authorities inside the UAE or in other +jurisdictions, the Central Ban k shall coordinate with the regulatory authority concerned +in this regard. +3. The Central Bank, in coordination with the entities concerned in the UAE, may inspect premises of any person suspected of performing any of the financial activities referred to +in article (65) of this Decree by Law without a license. In this respect, the Central Bank +may obligate the suspected person to provide all information, documents, and records +relating to the unlicensed Financial Activities, and may seize the same. +4. Licensed Financial Institutions, the companies owned thereby and their subsidiaries +shall provide the employees aforementioned in Clause (1) of this Article with all +information, records, books, accounts, documents and statements pertaining to the +matter su bject of inspection, along with any information he may request, on timely basis. +5. Within the framework of the inspection, the Central Bank employees may order any +person to appear on the time and place they may determine to provide them with information, data, documents, or records relating to the inspection process. +6. The Board of D irectors may issue regulations, rules, standards, directives and +instructions concerning the mechanisms and procedures for inspecting Licensed Financial Institutions. +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 67 + 7. The Central Bank may adopt and take all measures and actions as deemed appropriate +for achieving objectives and discharging functions thereof pursuant to the provisions of +this Decree by Law, and in case of detection of any violation of the provisions of this Decree by Law, or the regulations and resolutions issued in implementation there of, the +Central Bank may, in particular: +a. Impose restrictions on certain transactions or activities performed by the Licensed +Financial Institution concerned. +b. Request the Licensed Financial Institution concerned to take necessary actions to rectif y the situation immediately. +c. Appoint a specialized expert or a qualified Central Bank employee to provide advice +to the Licensed Financial Institution concerned, or to provide supervision over some +of its operations for such period to be specified by the Central Bank. In this respect, +the Licensed Financial Institution concerned shall bear remunerations of such +appointee if it is an expert from outside the Central Bank. +d. Take or adopt any other action or measure, or impose any penalties as deemed +appropriate. +8. Licensed Financial Institutions shall bear all costs of inspection and investigations +entrusted to any third party by the Central Bank in case of violation by the said +institution of the provisions of this Decree by Law, and the regulation and resolutions issued in implementation thereof. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (108) +Inspection of Entities Affiliated to National Licensed Financial Institution +Operating in Other Jurisdictions +In cooperation and coordination with the regulatory authorities concerned in other +jurisdictions, the Central Bank may delegate one or more inspectors or experts to inspect +entities affiliated to national Licensed Financial Institution operating in other ju risdictions. +The inspection shall include entities affiliated to national Licensed Financial Institution +operating in Financial Free Zones, in cooperation and coordination with the regulatory +authority concerned in the Financial Free Zones. +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 68 + " +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (109) +Expert's Report +The Central Bank may assign an expert or a person qualified and specialized in Licensed +Financial Activities to provide it with a report on a certain matter pertaining to direct and +indirect businesses and activities of a certain Licensed F inancial Institution as specified by +the Central Bank. This assignment shall be made in accordance with the conditions and procedures established by the Central Bank at the expense of the entities referred to in this +Article. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (110) +Judicial Offic er Capacity +Judicial officer capacity shall be conferred upon the Central Bank staff to be appointed by +virtue of a resolution by the Minister of Justice in coordination with the Governor and they +shall be responsible for establishing acts committed in vio lation to the provisions of this +Decree by Law. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (111) +Requesting Intervention in Lawsuits and Judicial Proceedings and +Notification of Investigations +1. Subject to the provisions of Civil Procedure Law, the Central Bank may request to +intervene in any lawsuit filed with judicial authorities to which a Licensed Financial +Institution is party. +2. Law enforcement authorities and other authorities concerned shall notify the Central Bank of any investigations or proceedings initiated against License d Financial +Institutions. The Central Bank may provide said authorities with any clarifications, +statements, or information as deemed appropriate in this regard. + + +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 69 + Section Two +Financial Accounts +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (112) +Licensed Financial Institution Fiscal Year +The fiscal year of a Licensed Financial Institution shall commence on the first day of January +and shall end on the thirty first of December every year except for the first fiscal year, which +shall begin on the date of registration thereof and shall end by the end of the following fiscal +year. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (113) +Licensed Financial Institutions Accounts +1. Branches of foreign Licensed Financial Institutions shall maintain separate accounts for +their total operations in the UAE, including the balance sheet and profit- loss account. +2. Branches and departments affiliated to a local or foreign Licensed Financial Institution +operating inside the UAE shall, for the purposes of bookkeeping, constitute one financial +institution. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (114) +Licensed Financial Institutions Auditors +1. Each Licensed Financial Institution shall, every year, appoint one or more auditors +approved by the Central Bank for auditing its accounts. Should the Licensed Financial +Institution concerned fail to appoint an auditor, the Central Bank shall appoint and +determine the remuneration of an auditor for the institution concerned which shall bear such remuneration. +2. Auditors' tasks shall include preparation of a report on the balance sheet and the profit and loss accounts for the shareholders, provided that said report shall state whether the +annual balance sheet and profit and loss accounts are true and acceptable, and whether the Licensed Financial Institution concerned has provided them with all the information and clarifications required for performance of their mission. The Licensed Financial +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 70 + Institution concerned shall provide the Central Bank with a copy of the auditors' report +accompanied by a copy of the balance sheet and the profit and loss account at leas t +twenty (20) business days before convening the General Meeting. +3. The General Meeting of a Licensed Financial Institution may not be convened prior to receipt of Central Bank's notes on the report. Within ten (10) business days as of the date +of recei pt of the report aforementioned in Clause (2) of this Article, The Central Bank +may make a decision not to approve the dividends proposed for distribution to +shareholders due to any shortfall in provisions, decline in the capital adequacy ratio +below the m inimum required ratio, or due to any reservation stated in the auditors' +report or any reservation of the Central Bank, which would impact distributable +dividends. +4. The auditors' report, together with the report of the board of directors of the License d +Financial Institution shall be read to the shareholders at the Annual General Meeting if +the institution concerned is incorporated in the UAE. Three (3) copies of each report shall be provided by the institution to the Central Bank within twenty (20) bus iness days as of +the date of holding the General Meeting. For Licensed Financial Institution incorporated in another jurisdiction, a copy of the auditors' report shall be forwarded to its head office, +and three (3) copies thereof shall be submitted to the Central Bank within twenty (20) +business days from date of issuance of the report. +5. The auditors may not be members of the board of directors of the Licensed Financial +Institution for which they are appointed to audit its accounts. They may not be +employees thereof or provide consulting services thereto. +6. A Licensed Financial Institution shall not grant credit facilities of whatever nature to the +auditors of its accounts. An auditor approved by the Central Bank may not commence its +tasks at a Licensed Financial Institution unless any obligations it may have towards such +institution are settled. +7. The auditors shall be r esponsible for the contents of their reports on the financial +statements of the Licensed Financial Institution concerned. In case of their failure to +perform the tasks entrusted thereto properly, or in case they violate the provisions of this Decree by Law , and the regulations and decisions issued in implementation thereof, the +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 71 + Central Bank may take any necessary measures or procedures, in collaboration and +coordination with the authorities concerned in the UAE, to deregister the auditors. +Further, the Cent ral Bank may, at its own discretion, take any administrative or legal +actions against the negligent or violating auditors. +8. The Central Bank may require auditors of a Licensed Financial Institution and the +companies owned thereby or subsidiaries thereo f to submit a report, at the expense of +the Licensed Financial Institution concerned, on their compliance with the provisions of +this Decree by Law and the regulations issued in implementation thereof. +9. The Board of Directors shall issue regulations an d create a register of approved auditors +who are authorized to audit the accounts of Licensed Financial Institutions. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (115) +Publication and Provision of Accounts Information +1. Each Licensed Financial Institution shall publish and make available the following information and data on its website and at all of its offices and branches inside the UAE: +a. A copy of the audited balance sheet and profits and losses statement, and a c opy of +the auditors' report. In case that the Licensed Financial Institution concerned is +incorporated in another jurisdiction, the publication and display shall be compliant +with the laws applicable in the relevant jurisdiction; +b. A list of names of bo ard members, executive officers, and their deputies or assistants; +and +c. Names of all subsidiaries or branches owned in whole or in part thereby, or +companies related to the Licensed Financial Institution concerned. +2. The Central Bank, as deemed appr opriate, may request any Licensed Financial +Institutions to publish or provide any information or statements pertaining to their accounts in addition to the information required under Clause (1) of this Article. + + + + +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 72 + Section Three +Restructuring and Liquidation of Licensed Financial Institutions +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (116) +Deterioration of the Financial Position +1. The Board of Directors shall develop a framework for the restructuring of the licensed +deposit -taking financial institutions to minimize the effects of the deterioration of their +financial positions on the financial system of the UAE, including the effects of the +deterioration of the financial positions of the companies owned thereby or affiliated thereto. +2. The restructuring f ramework shall include a set of prudential and qualitative triggers +signaling material risks which would lead to the deterioration of the financial position of +the institutions referred to in Clause (1) of this Article. For this purpose, the Central Bank +my adopt and take any of the following measures and actions for the protection of the +institution concerned and its depositors, as deemed appropriate: +a. Set a minimum liquidity ratio for the institution concerned which is commensurate +with the risks gene rated from its activities; +b. Obligate the institution concerned to provide additional financial resources to +support the paid -up capital as per the terms and conditions set by the Board of +Directors; +c. Make a decision whereunder the institution concerned is merged with another +Licensed Financial Institution; +d. Permit any Financial Institution to acquire the institution concerned; +e. Form an ad hoc committee to manage the institution concerned. Said committee +shall have the right to take whatever actions it deems appropriate, as per conditions +and controls set by the Board of Directors including the authority to make a decision +to stop or suspend all or part of the activities of the institution concerned e ither with +immediate effect or within another timeframe as well as consequential actions +f. The Central Bank may undertake, over a period specified by the Board of Directors, +management of the institution concerned, and shall, in this case, substitute +management of the institution concerned in respect of all powers, including financial +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 73 + and administrative powers. In addition, all powers and authorities of the board of +directors and the general meeting of said institution shall be frozen with an +immediate e ffect until expiry of the period of interim management. +g. Request competent authorities in the UAE to place the institution concerned under +interim custody and seize its assets, property and shareholders' equity; +h. Make a decision requesting the court of competent jurisdiction to render a judgment ordering the liquidation or dissolution of the institution concerned, and prepare a plan for the liquidation or transfer of its assets and liabilities as well as its settle ments +and releases, as deemed appropriate, and to implement or oversee the implementation of the liquidation plan, or decide the restructuring of the institution +or submit a request to the competent court to declare the bankruptcy thereof in +accordance wit h applicable laws; +i. Where a decision is made to merge or liquidate a Licensed Financial Institution incorporated in another jurisdiction and has a branch operating in the UAE, the same procedures applicable in the jurisdiction of incorporation concerne d shall apply if +said procedures provide better protection for customers in the UAE, unless otherwise agreed upon with the authority concerned; and +j. Adopt and take any other measures or actions in accordance with a decision by the Board of Directors. +3. Whenever deemed necessary, the Central Bank may coordinate with Federal and Local +entities concerned prior to making any decision by Board of Directors pursuant to the +provisions of this Article. Further, the Central Bank may request competent judicial +authorities to take precautionary and urgent measures, and any other arrangements, which would ensure protection of the funds and interest of investors and depositors, or +which would serve the public interest. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (117) +Publication of the Restructuring or Liquidation Announcement +1. In case of restructuring or liquidation of a Licensed Financial Institution, an +announcement to that effect shall be published in the Official Gazette and in at least two +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 74 + local daily newspap ers published in Arabic and in English, and for a period not less than +three (3) business days. +2. The announcement shall include the following: +a. A grace period of no less than three (3) months to enable customers of the Licensed +Financial Institutio n concerned to take necessary actions to reserve their rights; and +b. Details and tasks of the entity or liquidator assigned to perform the restructuring +procedures. +3. If the restructuring or liquidation of a Licensed Financial Institution is due to deregistration thereof from the Licensed Financial Institution register, either the +Chairman of the Board or his delegate may set in the deregistration decision the date of +closing down the institution concerned and determine the entity assigned to perform the +restructuring or to liquidate any outstanding operations on such date. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (118) +Monitoring the Efficacy of Licensed Financial Institutions under +Restructuring or Liquidation +The Central Bank shall continue to monitor the efficacy of any Licensed Financial Institution being reconstructed or liquidated until final closure of its offices. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (119) +No Prejudice to Provisions of Other Laws Concerning Restructuring or +Liquidation +The provisions of Articles Nos. (116), (117), and (118) of this Decree by Law law shall not preclude implementation of provisions of any other laws concerning restructuring and +liquidation in forc e in the State. + + + + +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 75 + Chapter Six +Protection of Customers +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (120) +Confidentiality of Banking and Credit Information +1. All data and information relating to customers' accounts, deposits, safe deposit boxes +and trusts with Licensed Financial Institut ions and all relevant transactions shall be +deemed confidential in nature, and may not be made available or disclosed, directly or +indirectly, to any third party without the written permission of owner of the account or deposit, his legal attorney or agent so authorized, and in cases authorized legally. +2. Prohibition to make such information available or to disclose the same shall survive +even after termination of relationship between the customer and the Licensed Financial +Institution for any reason. +3. Chairmen and members of boards of directors of Licensed Financial Institutions, their managers, staff, experts, consultants, or technicians are prohibited from providing or +disclosing any information or data pertaining to their customers, their accounts , deposits +or relevant transaction, and are prohibited from enabling others to have access to the +same unless permitted by law. +4. Said prohibition shall apply to all entities and persons having direct or indirect access to the aforementioned data and in formation by virtue of their professions, positions or +nature of work. +5. The Central Bank shall set rules and conditions organizing exchange of banking and +credit information in its capacity as the competent Regulatory Authority in the UAE in this regar d. +6. Provisions of Clauses (1) and (2) of this Article shall not prejudice the following: +a. The powers legally vested in security and judicial authorities, the Central Bank and its +employees; +b. Duties entrusted to auditors of the financial institution concerned; +c. The obligation of the institutions concerned to issue a certificate, upon the +beneficiary's request, of reasons for refusal to cash a cheque; +d. The obligation of institutions concerned to issue a certificate of partial payment of +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 76 + the value of a cheque pursuant to the provisions of the Commercial Transactions +Law referred to hereinabove; +e. The right of the institutions concerned to disclose whole or part of the data pertaining to their customer's transactions in order to establish the institution's right in connection with a legal dispute arising with its customer in respect of such +transactions; and +f. Provisions of laws and international agre ements in force the State, in addition to any +provisions concerning anti- money laundering, terrorist financing and illegal +organizations financing. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (121) +Protection of Clients of the Licensed Financial Institutions +1. The Central Bank shall create the regulations for protection of clients of licensed +financial institutions, in proportion to the nature of the activities practiced by such +institutions and the financial services and productions they provide. +2. The Centr al Bank may establish a unit with independent legal personality to receive and +decide on the complaints of clients of the licensed financial institutions. The Board of +Directors shall issue a decision to establish such unit and determine its functions, rules of +procedure and powers as well as the human resources and financial affairs regulations +applicable thereto. +3. The Central Bank and licensed financial institutions shall jointly work to raise the +community awareness about the types of banking service s and financial products and +the risks inherent in them, through all available means of communication and media, in +accordance with the controls set by the Central Bank. +4. Licensed financial institutions may not charge interest on accumulated interest, i.e. +compound interests, in respect of the facilities granted to clients. In this regard, the controls and rules set by the Central Bank in the control regulations issued thereby shall +be followed. + + +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 77 + Article (121) bis +Credit Facility Guarantees +1. The licensed financial institutions shall obtain the sufficient guarantees for all types of +facilities provided to the natural clients and private sole proprietorships, in accordance +with the client's income or the guarantee, if any, and the size of the re quired facilities, as +determined by the Central Bank. +2. No application, action or plea filed to the competent judicial authorities or the arbitral +tribunals by any licensed financial institution in respect of a credit facility provided for a +natural person or a private sole proprietorship shall be accepted if such financial +institution fails to obtain the guarantees referred to in Clause (1) of this Article. +3. The Central Bank may impose administrative an d financial penalties which it deems +appropriate on the licensed financial institutions which violate the provision of Clause +(1) of this Article, in accordance with article (137) of the present Decree -Law. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (122) +Deposits Guarantee Regulation +In coordination with the Ministry, the Board of Directors may develop regulations for +protection of deposits and the rights of depositors of Licensed Financial Institutions. Said +regulation may establish and determine structure of compensation fund. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (123) +Financial Inclusion +The Board of Directors shall develop necessary regulations and mechanisms to ensure that every natural person shall have access to all or part of financial services and products from +Licensed Financial Institutions suitable for him/ her. + + + + +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 78 + Part Four +Financial Infrastructure +Chapter One +Money Transfer and Settlement of Securities +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (124) +Clearing and Settlement Operations +1. The Central Bank may: +a. Establish, develop and/ or operate one or more clearing and settlement systems +concerning money transfers and settlement of securities issued by the Central Bank, +or the Public Sector, and for settlement of other obligations amongst the Participants +in this system. The Bank may perform the same on its own or in partnership w ith any +other party, or by entrusting such tasks to third parties; +b. Link the systems referred to in Para. (a) of this Clause to similar systems inside and outside the State; and +c. Create and/or operate central securities depository (CSD) systems for securities +issued by the Central Bank or the Public Sector, and data repository systems for +monetary and financial transactions in the State, and link such systems to similar +systems inside and outside the State. +2. The Central Banks shall coordinate with other regulatory authorities and bodies +concerned in the UAE in connection with creation of data repository systems for +monetary and financial transactions referred to in Para. (c) of Clause (1) of this Article. +3. The Board of Directors shall develop necessary regulations concerning the systems +referred to Clause (1) of this Article. + +Article (124) TER +Application for License of Financial Infrastructure System or Extension of its +Scope +1. Based on the regulations set by the Board of Directors, any legal person may file an +application with the Central Bank to obtain a license of financial infrastructure system or +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 79 + to expand the scope of a l icense previously issued. +2. The Board of Directors shall issue the regulations, rules, criteria and conditions +pertaining to the licensing of the financial infrastructure system, including: +a. Merit and eligibility criteria; +b. Resources required fo r the system; and +c. Control and supervisory systems. +3. The Board of Directors may require the license applicant to meet any further +requirements or conditions at its own discretion and as he deems to be in the public +interest. + +Article (124) QUATER +Deciding on the Application for License of Financial Infrastructure System or +Extension of its Scope +1. The application for license of financial infrastructure system or extension of its scope shall be decided on within a period not exceeding sixty (60) working days from the date +of satisfying the requirements and conditions of the license. The lapse of such period +without reply shall be deemed as rejection of the application. +2. The Central Bank may request the applicant to meet the requirements and co nditions of +the license within the period it determines. +3. The Central Bank may reject the application or request the expansion of the scope of the +license of a financial infrastructure system at its sole discretion, in accordance with the +absorptive ca pacity of the financial sector of the State and the requirements of the +domestic market. The decision issued thereby in this regard shall be final and not +appealable before the Grievances and Appeals Committee. +4. The applicant shall be notified of the s ubstantiated rejection decision by means of an +official notice within a period not exceeding twenty (20) working days from the date of +its issuance. + + + +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 80 + " +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (125) +Retail Payment Operations and Related Electronic Services +The Central Bank shall solely: +1. Have the authority to develop regulations, rules, and procedures relating to electronic +banking transactions, digital money, and Stored Value Facilities, and shall regulate +electronic Retail Payment Systems, and banking and financial electronic servic es +licensed and supervised thereby +2. Take all measures and procedures deemed appropriate to minimize the risks associated +with operations and systems referred to in Clause (1) of this Article to which the UAE's +financial and economic systems are exposed . + +Chapter Two +Powers and Functions of the Central Bank in respect of Financial +Infrastructure Systems +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (126) +Designation of Systems +1. The Central Bank may designate any Financial Infrastructure System as systemically +important if it deems, at its own discretion, that any operational malfunction or +inefficient performance of said system would negatively impact processing of the daily +operations of financial institutions operating in the UAE, or the stability of the financial +system in the UAE. +2. For the purposes of designating a certain financial infrastructure system, one of the +following requirements shall be satisfied: +a. The system concerned is operating in the UAE; +b. The system concerned has the capacity to accept clearing and settlement of financial +Transfer Orders denominated in national Currency, without prejudice to provisions +of article (28) hereof; or +c. The system concerned has the capacity to provide transfer , clearing or settlement of +financial Transfer Orders for retail payment activities denominated in any currency. +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 81 + 3. In case that the Central Bank intends to designate any of the Financial Infrastructure +Systems licensed thereby as systemically important, the Central Banks shall: +a. Notify the system operator or Settlement Institution, by virtue of an official notice, of +the Central Bank's intention to designate said system as systemically important, and shall clarify grounds of such intention. The notice shall include other terms and +conditions associated wit h the designation decision. +b. The notice referred to in Para. (a) of this Clause shall set a grace period of no less than +ten (10) business days from date of the notice within which the system operator or +its Settlement Institution may provide their opi nions or state the reasons why the +system should not be designated. +c. Make its decision whereby the designation of the system is granted within no more +than twenty (20) business days as of the date of receipt of responses from parties +concerned, or expi ry of the grace period stated in the notice without response. +4. The operator or the Settlement Institution of the Designated System may file a grievance +against the designation decision referred to in Clause (3) of this Article with the +Grievances and A ppeals Committee in accordance with the provisions of Part (V) of this +Decree by Law. +5. The Clearing and Settlement Systems established, developed, and/or operated in +accordance with the provisions of article (124) hereof shall be deemed as Designated Systems. +6. In case that the Central Bank intends to designate any of the Financial Infrastructure Systems licensed by any other Regulatory Authorities in the UAE or in other jurisdictions +as systemically important, the Central Bank shall express its opin ion in this regard to the +regulatory authority concerned. Should the regulatory authority concerned has no objection to such designation, it shall: +a. Notify the system operator or Settlement Institution, by virtue of an official notice, of +the grounds of such designation. The notice shall include other terms and conditions +associated with the designation decision. +b. The notice referred to in Para. (a) of this Clause shall set a grace period of no less than +ten (10) business days from date of the notice within which the system operator or +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 82 + Settlement Institution may provide their opinions or state the reasons why the +system should not be designated. +c. Make its final decision whether to approve or disapprove the Central Bank's request to designate the system concerned within no more than twenty (20) business days as of the date of receipt of responses from parties concerned, or expiry of the grace +peri od stated in the notice without response. +7. The Central Bank may revoke designation of a particular Financial Infrastructure System +licensed thereby, or request the regulatory authority concerned to take the same action if +the Central Bank deems, at its own discretion, that the system is no longer of systemic +importance. The regulatory authority concerned, the operator of the system, or its +Settlement Institution, as the case may be, shall be officially notified of such decision. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (127) +1. The Central Bank shall have the sole authority to supervise operations of systems +licensed thereby and to ensure their soundness, in accordance with relevant +international standards. For this purpose, the Central Bank may require the systems +operators or S ettlement Institutions to adopt necessary measures and procedures. +2. The Central Bank shall be responsible for monitoring the implementation of additional supervisory measures and procedures concerning Designated Systems licensed by other +Regulatory Aut horities whether inside the UAE or in other jurisdictions in cooperation +and coordination with the regulatory authority concerned, in this regard, the Central +Bank may request the regulatory authority concerned to: +a. Obligate operators of designated sys tems or settlement institutions of the same to +comply with Central Bank's instructions in this respect and any relevant international +standards; +6. Ensure proper and regular functioning of Designated Systems. +c. Ensure soundness of financial positions of operators of Designated Systems and their +Settlement Institutions, as necessary; and +d. Require the operators of the Designated Systems or their Settlement Institutions to +provide it with the information deemed necessary for achievement of its objectives +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 83 + and discharge of its functions. +3. The Central Bank may appoint whoever deemed appropriate from among experts and +advisors specialized in financial infrastructure to assist the Cen tral Bank in performing its +duties and functions in accordance with the provisions of Part (IV) hereof to keep in line +with best international standards and practices in this field. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (128) +Suspension or Revocation of the License +1. The Central Bank may suspend or revoke the license granted by the same to a Financial Infrastructure System, pursuant to the provisions of Articles Nos. (124) and (125) of this +Decree- Law, by virtue of an official notice to the respective operator or the S ettlement +Institution of such system, and may take necessary actions in this respect, as the case +may be, if it decides that such system is no longer capable of conducting its operations. +The Central Bank shall grant a time limit of no less than twenty (20 ) business days, as of +the date of the notification, within which the relevant system operator or the Settlement +Institution may file an objection to the Central Bank's decision on the suspension or +revocation of the license, and shall provide their justif ications for such objection in +accordance with the provisions of Part V. hereof. +2. In case the Central Bank considers that any Designated System licensed by any Regulatory Authorities in the State or in other jurisdictions is no longer capable of +conduc ting its operations, the Central Bank may request the relevant regulatory +authority under an official notice to suspend or revoke the license of said system and to take necessary actions in this respect, as the case may be. The relevant regulatory +authorit y shall have the right to approve or reject the request of the Central Bank. In case +of the approval, the procedures and controls applicable with such authority shall apply. +3. In all cases, the suspension or revocation of a license granted to a Designat ed System in +accordance with the provisions of this Article shall not affect any transaction cleared or +settled by the system concerned prior to the effective date of the suspension or +revocation. + +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 84 + " +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (129) +Authority to Develop Regulations and Instructions +1. The Board of Directors shall develop regulations, rules, instructions, directives, and +codes of conduct as deemed appropriate for the implementation of the provisions of +Part (IV) hereof, and to enable the Central Bank to achieve the objectives and to +discharge its functions, including the following: +a. Regulations, conditions and rules pertaining to licences granted by the Central Bank +pursuant to the provisions of Article Nos. (124) and (125) hereof to operators of +Financial Infrastructure Systems, the Settlement Institutions for such systems or +participants; and +b. Regulations, rules and standards pertaining to the designation of and supervision +over Financial Infrastructure Systems as per the pro visions of Articles Nos. (126) and +(127) hereof, and those pertaining to monitoring operations of said systems, and shall set rules of compliance applicable to participants. +2. The Central Bank may exempt operators of financial infrastructure systems lic ensed +thereby, settlement institutions affiliated to the former, and participants, either in general or in particular, from provisions of the regulations, rules, directives and controls +issued thereby. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (130) +Determining Violations +1. The Board of Directors shall develop regulations specifying types of violations pertaining to Financial Infrastructure Systems licensed by the Central Bank. Any of the following +instances shall be considered a violation to the terms and conditions relating thereto: +a. Violation of operational requirements of systems and of relevant settlement rules +and procedures. +b. Failure of an operator of a system or its Settlement Institution to comply with the +Central Bank request for information or documents. +c. Failure to comply with Central Bank's decisions and instructions, and failure to take a particular action deemed necessary by the Central Bank to render the system +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 85 + compliant with the criteria sets by the Central Bank. +d. Failure of an operator of a system or its Settlement Institution to report any action +taken under the systems Default Arrangements in respect of a participant. +e. Failure of a participant to notify the system operator, its Settlement Institutions and +the Central Bank of any of judgment rendered to declare said person bankrupt or +place it under liquidation. +f. Operating a system without obtaining a license in accordance with the provisions of Articles Nos. (124) and (125) hereof. +g. Failure of an operator of a system or its Settlement Institution to comply within a specified period with any request from the Central Bank or any other government +body in connection with any default. +h. Failure of an operator of a system to notify the Central Bank of judg ment rendered +declaring bankruptcy or liquidation of any participant. +i. Providing the Central Bank with incorrect or misleading information. +j. Adding an incorrect entry to any regist ration book or to any document related to a +particular system, or causing alteration, deletion or obliteration of such entry. +k. Any other action pertaining to clearing and settlement or retail payment transactions +deemed by the Central Bank a violation. +2. The Central Bank may take any actions, as deemed appropriate, to correct any violations +referred to in Clause (1) of this Article, and shall determine method settlement thereof. +3. The Central Bank shall officially notify the violating Person under provisions of Clause +(1) of this Article of any actions to be undertaken against it. The violating Person shall be granted a grace period of no more than ten (10) business days from date of the notice +within which it may file a grievance against the Centr al Bank decision. In case the +grievance is rejected, the violating person may refer the matter to the Grievances and +Appeals Committee pursuant to the provisions of this Decree by Law. The decision of the +Grievances and Appeals Committee shall be final. Sh ould the violating person not +respond to Central Bank's decision within the period prescribed in this Clause, the decision of the Central Bank shall be final and enforceable. + +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 86 + Chapter Three +Finality of Transactions and Proceedings +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (131) +Finality of Payment and Settlement +1. All transactions conducted through a Financial Infrastructure System meeting one of the +designation conditions aforementioned in Clause (2) of article (126) hereof shall be +final, irrevocable and irreversible in the following cases: +a. Transfer of money from or to the account of a participant; +b. Settlement of a payment obligation; and +c. Settlement of an obligation to transfer, or the actual transfer of book -entry securities. +2. Entry of any transfer or settlement pertaining to the transactions referred to in Clause (1) of this Article may not be cancelled, set aside, re -paid, reversed, rectified, or suspended +whether by a court judgment or order, or by law. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (132) +Precedence of Implementation of Rules and Procedures of Financial +Infrastructure Systems over Rules and Procedures of General Insolvency and +Bankruptcy +1. Upon commencement of liquidation of assets of a person under liquidation, insolvency, +financial res tructuring, or bankruptcy, none of the following operations and procedures +which have been carried out through Financial Infrastructure Systems meeting one of +designation conditions aforementioned in Clause (2) of article (126) hereof shall be affected to the extent that they are pertaining to the following: +a. A Transfer Order; +b. Any disposition of property pursuant to the Transfer Order; +c. Default Arrangements of such systems; +d. Rules and procedures of such systems concerning the settlement of Transfer Orders +not processed under the Default Arrangements of such systems; and +e. Any procedure taken to liquidate the securities deposited as security and related to +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 87 + parties participat ingin such systems, other than the Default Arrangements thereof. +2. Trustee, receiver in bankruptcy or any other person appointed to manage the +bankruptcy in cases of bankruptcy or liquidation may not take any actions or procedures +contrary to the provis ions of this Decree by Law, or actions or procedures which would +preclude or affect Default Arrangements of systems referred to in Clause (1) of this +Article. +3. In cases of bankruptcy or liquidation, no obligation arising out of a Transfer Order under +Default Arrangements of systems referred to in Clause (1) of this Article may be +established until the completion of the transfer or payment order. +4. A debt or other liability arising pursuant to Clause (3) of this Article may not be taken +into account, whenever such debt or liability is not proven, for the purposes of settling +debts of liabilities by way of setting -off, clearing, or netting until the completion of the +action taken under the Default Arrangements of such systems. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (133) +Netting of Obligations of Insolvent or Bankrupt Participating Parties +1. Operator of a Financial Infrastructure System, which meets any of the designation +conditions referred to in Clause (2) of article (126), may perform Netting of debit or +credit liabilities of a Participant in this system which are incurred before the point of time +when the competent court decides to declare the bankruptcy or liquidation of the participant concerned. +2. In case that Netting has been effected as provided in Clause (1) of this Article: +a. Liabilities already netted shall be set aside from the bankruptcy or liquidation +proceedings; and +b. Net unpaid liabilities owed to or by the Participant in the system that has not been +cleared yet shall be payable to the Participant and may be recovered for the benefit +of his creditors or are provable in the bankruptcy or liquidation, as the case may be. +3. Netting operations processed by the system concerned operator in accordance with +Clause (1) of this Article may not be cance lled during a bankruptcy or liquidation +process, nor any financial transfers already paid in accordance with Para. (a) of Clause +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 88 + (2) of this Article. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (134) +Reservation of Rights Pertaining to Transactions +1. Unless as otherw ise expressly provided for herein, this Decree by Law shall not limit, +restrict or otherwise affect: +a. Any right, title, interest, privilege, obligation or liability of a person resulting from any +transaction in respect of a Transfer Order that has been entered in a Financial +Infrastructure System meeting any of the designation conditions referred to in Clause +(2) of article (126). +b. Any investigation, judicial proceedings or remedies in respect of any such right, title, interest, privilege, obligatio n or liability. +2. Nothing in Clause (1) of this Article shall be construed to require: +a. Revocation of any netting process performed by the operator of the system concerned, whether pursuant to its Default Arrangements or otherwise; +b. Revocation of any Transfer Order given by a participant which has been entered into the system concerned; or +c. Reversal of a payment or settlement made under the operating rules of the system +concerned. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (135) +Obligation of Participant to Repor t Insolvency +1. A Participant in a Financial Infrastructure System, which meets any of the designation +conditions referred to in Clause (2) of article (126), shall notify the operator of the +system or its Settlement Institution, the regulatory authority concerned, and the Central +Bank, as soon as practicable, if it becomes aware of occurrence of any of the following +instances inside the UAE or in other jurisdictions: +a. Submission of a plea for declaration of bankruptcy or liquidation thereof; +b. Rendering a judgment declaring bankruptcy or liquidation thereof; or +c. Initiation of a bankruptcy or liquidation declaration upon the request of owners, +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 89 + shareholders, or management of a Participant. +2. A participant failing to notify of occurrence of an event referred to in Clause (1) of this +Article within the required timeframe shall not be deemed in violation in case that: +a. He has taken reasonable actions to comply with the provisions of Clause (1) of this +Article; or +b. The bodies referred to in Clause (1) of this Article were already aware of the relevant +event by the time the participant was required to notify the operator under the provisions of this Article. + +Part Five +Deciding on Grievances and Appeals +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (136) +Grievances and Appeals Committee +1. An independent committee called the ""Grievance and Appeal Committee"" shall be established under the provisions of this Decree -Law. The Cabinet shall issue, at the +proposal of the Board of Directors, a resolution on its formation, term of office, work +system and all procedures and rules related to the adjudication of grievances and +appeals, including fees payable for the examination thereof. +2. The formation of the committee shall include one or more judge(s) and two e xperts in +financial and banking matters. +3. Nominated committee's members may neither be members of the Board of Directors, +nor occupy any position at the Central Bank or at any of the Licensed Financial +Institutions. +4. The committee's chairperson or any of its members may not have any interest with any +party to the dispute; otherwise, he must disclose such interest. In such case, another +member shall be temporarily appointed to examine the dispute. +5. Except for regulations, guidelines, directives, policies and regulatory and supervisory +resolutions of a public nature, the Committee shall have the sole and exclusive +jurisdiction to decide on grievances and appeals filed against any decisions related to +financial and banking activities issued by the Central Bank, pursuant to the provisions of +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 90 + this Decree -Law. In order to carry out its functions, it may take all or some of the +following actions: +a. Summon any person to appear before the Committee to prov ide any evidence, +testimonies, information or statements, and examine the same; +b. Hear the testimony of any witnesses under the legal oath; +c. Assign any experts, as deemed appropriate, to express an opinion on any matter +related to the dispute; and +d. Take any actions and issue any instructions its deems appropriate to perform its functions. +6. No appeal against decisions falling within the Committee's functions may be admissible, +pursuant to the provisions of this Article, before being grieved or challenged before the +Committee and the grievance is decided, as the case may be. +7. If the Committee decides to reject or dismiss any grievance or appeal, the Committee +may impose a fine of not more tha n (AED 200,000) two hundred thousand Dirhams on +the applicant. +8. The Committee may stay the execution of the grieved or appealed decision, if it deems necessary, until a decision is made on the dispute. +9. No grievance or appeal against any decision m ay be admissible before the Committee +following the lapse of (15) fifteen business days of the date of notifying the stakeholder or where his knowledge is certainly established. +10. The decision made by the Committee on a grievance or appeal shall be fi nal and may be +challenged only before the Higher Federal Court within twenty (20) business days of +date of the decision notification. Upon request of the appellant, the Higher Federal Court +may stay the execution of the decision made by the Committee until the Court +adjudicates the disputed matter if it considers that the appeal is grounded on genuine +grounds and that the continuation in executing the Committee's decision shall have +irreversible consequences. + + +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 91 + Part Six +Administrative and Financial Penalties and Punishments +Chapter One +Administrative and Financial Penalties +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (137) +1. Without prejudice to any other penalties provided for in other laws in the State, in case a +violation is proven to have been commit ted by a Licensed Financial Institution or by an +authorized person of the provisions of this Decree -Law or resolutions, rules, standards or +instructions issued by the Central Bank in implementation thereof, or any measures +adopted by the Central Bank, including anti- money laundering and financing terrorism +and unlawful organizations, the Central Bank may impose, at its sole discretion, one or more of the following penalties or take any of the following measures: +a. Draw the violator's attention by any means whatsoever; +b. Obligate the violating Licensed Financial Institution to take necessary measures and actions that the Central Bank deems appropriate to rectify the violation; +c. Prevent the violating Licensed Financial Institution from conducting som e operations +or performing some Licensed Financial Activities, or impose any restrictions, +conditions or other limitations on practicing all or part of the operations and +activities; +d. Impose conditions or restrictions on the license of the violating Licensed Financial +Institution; +e. Reduce or suspend the violating Licensed Financial Institution's ability to withdraw +from the Central Bank's funds through the Standing Facilities; +f. Obligate the violating Licensed Financial Institution to deposit funds with the Central +Bank without an interest for the period the Central Bank deems appropriate, in +addition to the credit balance referred to in article (32) of this Decree -Law; +g. Impose a fine of four hundred (400) basis poin ts over the prevailing base interest +rate with the Central bank on any shortfall on the obligatory Reserve referred to in article (32) of this Decree -Law; +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 92 + h. Request the violating Licensed Financial Institution to return to customers the funds +obtained from as a result of the Institution's violation of the provisions of this +Decree- Law. In addition, any excess funds, including income and profits, shall be +transferred to the Central Bank; +i. Impose a fine amounting to one (1) to ten (10) times the value of unjust enrichment, +as determined by the Central Bank, which the violating Licensed Financial Institution +has illegally acquired as a result of the violation; +j. Impose a fine of no less th an (AED 2,000,000) two million Dirhams on the violating +Licensed Financial Institution; +k. Delink the violating Licensed Financial Institution from one or all Financial +Infrastructure Systems; +l. Withdraw the license of the violating Licensed Finan cial Institution and deregister +the same; +m. Impose conditions or restrictions on the authorization granted to the violating +Authorized Person; +n. Impose a fine of not less than (AED 100,000) one hundred thousand Dirhams and not exceeding (AED 2,000,000) two million Dirhams on the violating Authorized +Person; +o. Prohibit the violating Authorized Person from undertaking any of the Designated +Functions at the Licensed Financial Institution he works for, or at any other Licensed +Financial Institution. +p. Any other financial or administrative measures or penalties issued under a decision +of the Board of Directors. Such decision shall identify the authority authorized to +impose such penalties or measures. +2. Penalties provided for in Clause (1) shall be imposed by virtue of a resolution by the +Governor, except for the penalty provided for in Clause (l) where it shall be imposed by +virtue of a decision of the Board of Directors. +3. In all cases, the violator shall be notified officially of the reasoned decision not later than fifteen (15) business days of the date of said decision. Such notice shall include the following information: +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 93 + a. Content of the decision; +b. Reasons for the decision; +c. Effective date the decision; and +d. Advising the violator of its right to file a grievance against the decision before the +Grievance and Appeal Committee, pursuant to the provisions of this Decree -Law. + +Chapter Two +Punishments +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (138) +Without prejudice to any more severe punishment provided for in any law, committers of offences referred to in the following Articles shall be punished pursuant to the respective +punishments stated therein. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (139) +An employee or representative of the Central Bank, any member of the committees formed +within the Central Bank, or any Board Member who discloses any confidential information +in breach of provisions of article (26) of this Decree by Law shall be punished b y +imprisonment for a term not exceeding three (3) months and or a fine not exceeding one hundred thousand Dirhams (AED 100,000). + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (140) +Whoever issues Currency in contravention to the provisions of this Decree by Law shall be +punished by imprisonm ent for a term not exceeding twenty (20) years and/ or a fine not +exceeding one hundred million Dirhams (AED 100,000,000). + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (141) +Whoever intentionally mutilates, destroys or tears up Currency publicly shall be punished by +imprisonment and a fine that is not less than ten thousand Dirhams (AED 10,000) or one of +these two punishments. +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 94 + " +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (142) +1. Whoever contravenes the provisions of Clause (1) of article (68) of this Decree by Law +shall be punished by imprisonment and/ or with a fine not les s than two hundred +thousand Dirhams (AED 200,000) and not exceeding ten million Dirhams (AED +10,000,000). +2. Whoever contravenes the provisions of Clause (2) of article (68) of this Decree shall be +punished by imprisonment for a term not exceeding six (6 ) months and/ or with a fine +not less than one hundred thousand Dirhams (AED 100,000) and not exceeding five +million Dirhams (AED 5,000,000). + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (143) +Whoever violates the conditions and restrictions imposed on a licence granted to perform +Licensed Financial Activities shall be punished with a fine not less than two hundred +thousand Dirhams (AED 200,000) and not exceeding ten million Dirhams (AED +10,000, 000). + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (144) +Whoever contravenes the Central Bank's instructions regarding imbalance of the balance +sheet referred to in article (116) of this Decree by Law shall be punished by imprisonment +for a term not less than one (1) year, and/ or a fine of not less than one million Dirhams +(AED 1,000,000) and not exceeding ten million Dirhams (AED 10,000,000). + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (145) +Whoever contravenes any of the provisions of Article No. (72) of (96) of this Decree by Law +shall be punished by imprisonment and/ or a fine of not less than five hundred thousand +Dirhams (AED 500,000) and not exceeding ten million Dirhams (AED 10,000,000) Dirhams. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (146) +Whoever contravenes any of the provisions of article (83) of this Decree by Law shall be +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 95 + punished by imprisonment for a term of not less than one (1) year and/ or a fine of not less +than five hundred thousand Dirhams (AED 500,000) in addition to an extra daily fine of fifty +thousand Dirhams (50,000) in case of continued breach, which cumulatively may not +exceed five million Dirhams (AED 5,000,000). + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (147) +Whoever commits any of the following violations shall be punished by imprisonment for a term not exceeding two (2) years and/ or a fine of not less than five hundred thousand +Dirhams (AED 500,000) and not exceeding five million Dirhams (AED 5,000,000): +1. Provides incorrect or incomplete facts, information, or data included in any statements +or documents submitted to the Central Bank. +2. Conceals any fac ts from the statements, information, minutes, papers, or other +documents submitted to the Central Bank or to representatives, employees, and auditors +thereof. +3. Destroys, adjust or modifies any document relating to a matter under investigation by +the Ce ntral Bank, or sends or causes to be sent out of the State such a document. +4. Obstructs, resists, or causes the delay of the progress of an investigation by the Central Bank or the furnishing the Central Bank with information. +5. Connives with another person to commit any of the acts referred to in Clause (1) +through (4) of this Article. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (148) +Whoever intentionally discloses the confidential banking and credit information referred to +in article (120) of this Decree by Law shall be punished by imprisonment and a fine of not +less than one hundred thousand Dirhams (AED 100,000) and not exceeding five hundred +thousand Dirhams (AED 500,000). + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (149) +1. Where a violation was committed by a legal person, the official in charge of actual +management thereof shall be punished by the same punishments prescribed for actions +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 96 + committed in violation o f the provisions of this Decree by Law, whenever his awareness +of the violation is established, or if the violation is a result of his negligence or failure to +perform his duties. +2. The legal person shall be responsible jointly with the official in char ge of actual +management in respect of the imposed financial fines and damages if the violation was +committed in the name and on behalf of the legal person by one of its employees. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (150) +Whoever commits any of the violations relating to Financial Infrastructure Systems referred +to in article (130) of this Decree shall be punished by imprisonment and/ or a fine not less +than one hundred thousand Dirhams (AED 100,000) and not exceeding ten million Dirhams +(AED 10,000,000). + +Part Seven +General Provisions +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (151) +Scope of Application of this Decree by Law +Provisions of this Decree by Law shall apply to the Central Bank, Licensed Financial +Institutions, Licensed Financial Activities and persons governed thereby. This Decree by Law +shall not apply to the Financial Free Zones and the financial institutions regulated by the +authorities of these zones. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (152) +Statutes in Force to Remain in Force +Statutes, resolutions, and circulars issued pursuant to the provisions of Federal Law No. (10) +of 1980 Concerning the Central Bank, the Monetary System, and the Regulation of the +Banking Profession, as amended; and Federal Law No. (6) of 1985 Concerning Banks, +Financial Institutions, and Islamic Investment Companies shall remain in force until the +statutes, resolutions and circulars which shall replace them are issued within no more than +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 97 + three (3) years from the date of entry into force of this Decree by Law. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (153) +Adjustment of Statuses +All entities and persons governed by the provisions of this Decree by Law shall adjust their +statuses in accordance with the provisions of this Decree by Law within the period to be +specified by the Board of Directors. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (154) +Repealing Conflicting Provisions +Provisions contravening or conflicting with the provisions of this Decree by Law shall be repealed. Further, Federal Law No. (10) of 1980 Concerning the Central Bank, the Monetary +System, and the Regulation of the B anking Profession, as amended, and Federal Law No. (6) +of 1985 Concerning Banks, Financial Institutions, and Islamic Investment Companies shall +be repealed. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (155) +Fees and Charges +The Central Bank may impose fees and charges for providing services, and issuing licenses and authorizations, as deemed appropriate, in accordance with the nature and scope of +functions, activities, and the controls set by the Board of Dir ectors. A decision to this effect +shall be made by the Board of Directors and shall be published in the Official Gazette and on +the Central Bank's official website. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (156) +Enforceability of Judgments of Foreign Judicial Bodies +Judgments and decisio ns issued by foreign judicial and law enforcement authorities in +respect of national Licensed Financial Institutions and branches of foreign Licensed +Financial Institutions operating in the UAE shall apply in accordance with applicable legal +Federal Decree- Law No. (14) of 2018 Concerning the Central Bank and the Regulation of Financial Institutions +and Activities 98 + proceedings of laws in force in the UAE. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (157) +Interpretation of the Technical Terms Referred to in this Decree -Law +1. If there is any reference in any legislation applicable in the State to the UAE Dirham, +""Currency"", ""Cash"", ""Monetary Funds"" or ""Fund"" or any similar terminology, this shall +include the digital currency subject to provisions of this Decree -Law, unless context re- +quires otherwise. +2. Virtual assets defined in applicable legislations in the State shall not be deemed a cur- +rency subject to provision s of this Decree -Law. Regulations, by -laws and rules issued by +the Board of Directors shall be applicable to virtual assets and currencies if used as a +method or instrument of payment or exchange. +3. The Central Bank may issue a list of interpretation for all technical terminologies stated +in this Decree -Law and such list shall be published on the official website of the Central +Bank. + +" +finance and banking,"Federal Decree by Law No. (14) of 2018, Concerning the Central Bank and the Regulation of Financial Institutions and Activities","Article (158) +Date of Entry into Force of this Decree by Law +This Decree by Law shall be published in the Official Gazette, and shall enter into force on +the day following the date of its publication. + + +Khalifa Bin Zayed Al Nahyan +President of the United Arab Emirates + + + +Issued by us at the Presidential Palace in A bu Dhabi +Date: 13 th of Muharram 1440 A.H. +Corresponding to 23 rd of September 2018 A.D. " +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (1) +Definitions +In application of the provisions herein, the following words and expressions shall have the +meanings ascribed thereto, unless the context otherwise requires: +State : United Arab Emirates. +Government : Federal Government of the State. +Local Government : Government of any of the Emirates that are members of the +Union. +Cabinet : Cabinet of the State. +Ministry : Ministry of Finance. +Minister : Minister of Finance. +Federal Agencies : + Means any of the followin g Federal Agencies: + 1. Ministries and central bodies: The Ministries established +Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 2 + under Federal Law No. (1) of 1972 concerning the +Competences of Ministries and the Powers of Ministers, as +amended and the councils, bodies and the like that engaged in +the l egislative and judicial and executive federal activities. + 2. Independent Federal Agencies: The Federal Agencies that +are either established or shall be established in accordance +with the legislation in effect in the State, to perform specific +public tasks or services, and that operate under the +supervision of the Government, which: + A. The independent legal personality and the capacity to act, +prepare, organise and implement its special budget, is granted +either by law or by the incorporation resolution. + B. Have a special administrative and organisational structure. + C. Non -Profit. + 3. Government Companies: Establishments and companies +owned, wholly or partially, (Subsidiaries) by the Federal +Government or Federal Agencies. +Union Owned +Properties : Union O wned Properties described in article (4) and Clause +(1) of article (15) herein. +Property Assets +Register : + A Register established by the Ministry that contains data on +the Union Owned Properties, the transactions related to them, +and other matters related to them that this Decree by Law +requires to be noted in the Register. +Government Official : For the purposes herein, it includes: +Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 3 + 1. Every person holding a government position in any Federal +Agency. + 2. A representative of the Federal Agency in any Subs idiary, +including a member of the BOD representing the Federal +Agency in that company. + 3. Public employee, or person charged with a public service. +Union Owned +Properties allocated +to serve a Public +Facility : Any of the assets listed in Clause (1) of Art icle (4) herein. + +Union Non -Owned +Properties : Any of the assets listed in Clause (2) of article (4) herein. + +Private Union +Owned Properties : Any of the assets listed in Clause (3) of article (4) herein. +Private Union +Non -Owned +Properties : + Union Owned P roperties described in Clause (4) of article (4) +herein. +Subsidiary : + A company in which any Federal Agency owns shares not less +than (51%) of its capital. +Person : + The natural person and the private legal person that is not +considered a Federal Agency. +Act: + Creating a real or personal right over any of the Union Owned +Properties. + +Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 4 + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (2) + Scope of Application of the Decree by Law +Subject to the text of article (3) herein, this Decree by Law shall apply to Union Owned +Properties inside the State or abroad. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (3) +Property and Rights to which the provisions herein do not apply +The provisions of Articles (9) to (43) herein do not apply to: +1. Union Owned Properties allocated for the use and exploitation of the Armed Forces and Federal Security Agencies in the State. +2. Union Owned Properties that is organised, managed or disposed of by a special law to the extent that its provisions conflict with any provision herein. +3. The rights specified in Clause (5) of article (4) herein. +4. Union Owned Properties that are excluded by a resolution of the Cabinet. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (4) + Union Owned Properties +The following assets shall be deemed as Union Owned Properties: +1. Union Owned Properties that are actually allocated to serve a Public Facility or based on +a resolution of the Cabinet or based on a law, including: +a. Vacant lands and buildings that were previously granted or granted by a Local Gov- +ernment to the Government or any Federal Agency for the purpose of constructing +administrative buildings or other Public Facilitie s or for the purpose of managing or +Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 5 + operating them, which were owned or are being owned in accordance with the local +legislation in force in the Relevant Emirate. +b. Vacant lands and buildings located outside the State and granted to the Government or any Fed eral Agency, without prejudice to the provisions of article (22) herein. +c. Properties and buildings that are owned by the Government or whose ownership +devolves to the Government or any of the Federal Agencies inside the State or abroad, or that are built on previously granted lands or lands that are granted by a +Local Government to the Government or any Federal Agency, which are, directly or +indirectly, used to establish, manage, or operate a Public Facility. +d. Properties and buildings owned by the Government that are assigned, with or with- +out compensation, by any natural or legal person in favour of any Federal Agency, +which are, directly or indirectly, used to establish, manage, or operate a Public Facili- +ty. +e. All facilities owned by a Federal Agency and allocated for public use, such as roads, railways, federal bridges, and any other similar assets. +f. Properties by allocation owned by a Federal Agency and allocated to own, establish, +manage, or service any Public Facility, including stations, lines, and units for the +production, distribution, and transmission of energy, water, sewage, communica- +tions, mail, and lines and cables for the production, transmission, and distribution of +any of these Public Facilities. +2. Union Non -Owned Properties which are owned by the Gov ernment or a Federal Agency +and used to serve any of the properties specified in Clause (1) of this Article. +3. Private Union Owned Properties not allocated to serve a Public Facility, which include +vacant lands, buildings, and property. +4. Private Union Non- Own ed Properties owned by a Federal Agency that are not allocated +Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 6 + to serve a Public Facility, and include all types of movables, rights, cash funds, shares, +stocks, bonds, commercial papers, and all other Non -Property Funds owned by a Federal +Agency that are invested, reinvested, exploited, or used on a commercial basis, and the +resulting investments. +5. The accessory real rights assigned to any of the Union Owned Properties stipulated in Clauses (1) to (4) of this Article. +6. The rights arising from any of the Unio n Owned Properties stipulated in Clauses (1) to +(5) of this Article, including the distributable or non -distributable profits assigned to +them. +7. Assets stipulated in article (49) herein +8. Any other material or moral rights, warranties or guarantees of economi c value legally +established for any Federal Agency pursuant to a law. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (5) + Protecting the Union Owned Properties +Union Owned Properties are inviolable and shall be preserved. It may not be owned, gain +any right over it, possess, occupy, benefit in any way, or dispose of it in any way except in +accordance with the provisions of the law. It may not be seized or restrict its uses for any +reason. Any action taken in violation of the foregoing shall be void. Any encroachment on +Union Owned Properties s hall be removed in accordance with the provisions herein, +without prejudice to the right of the Federal Agency to resort to the Judicial Authorities, if +necessary. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (6) +Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 7 + Reporting Violations which are related to Union Owned Properties +1. The Governme nt Official shall prevent the abuse of Union Owned Properties and shall +immediately inform the Competent Authorities with any proof of violations related to +abuse, exploitation, or infringement in any way on Union Owned Properties. +2. Any person may immediate ly inform the Competent Authorities of his knowledge of any +behavior that violates the provisions herein. +3. For the purposes of this Article, the Competent Authorities shall mean the Ministry or the +Federal Authority supervising the Union Owned Properties or its occupants, or the +Security and Police Authorities according to the nature of the violation. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (7) + Government Official Prohibited Actions +The following actions shall be prohibited for Government Official: +1. Misuse of his position or work to achieve a benefit for himself or for others, or exploiting +his influence to facilitate for others to obtain any illegal benefit on any of the Union +Owned Properties. +2. Act as an broker, agent, or guarantor for any natural or legal person who contracts with +the Agency where he works to carry out work or provide a service related in any way to +the construction, maintenance, restoration, demolition, or contracting for the use or +transfer of ownership of any of the Union Owned Properties. +3. Use Union Owned Properties f or personal purposes or for purposes other than those +intended, whether in their custody or someone else custody. +4. Allow any person to use or exploit any of the Union Owned Properties or to occupy any +part thereof except the cases permitted under any applic able legislation. +Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 8 + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (8) + Security and Police Authorities Tasks +1. The State Security and Police Authorities – each within the limits of their jurisdictions – +shall, upon learning of an attack on any of the Union Owned Properties, seizing it, or +illegally exploiting it, or attempting any of that, take appropriate measures to prevent or +stop this attack immediately, without the need to receive any complaint or obtain any +permit or statement as long as the action takes place in a public place. +2. The State S ecurity and Police Authorities – each within their jurisdiction – shall provide +the necessary assistance to any party to protect the Union Owned Properties from any +danger threatening its use in accordance with the purposes assigned to it, or from the dang er of sabotaging, misusing, or exploiting it in any way other than its intended +purpose. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (9) +Disposal of the Union Owned Properties allocated to serve a Public Facility +Disposal of any of the Union Owned Properties allocated to serve a Public Facility shall be invalid unless the disposal is in accordance with the provisions herein and in accordance +with the relevant legislation in force. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (10) + Granting Rights or Guarantees for the Union Owned Properties allocated to +serve a Public Facility +No easement rights or any accessory real right or any guarantees or warranties or any +Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 9 + personal right on any part of the Union Owned Properties allocated to serve a Public Facility +may be granted, except in accordance with the cases permitted under any in force legislation and pursuant to a resolution of the Cabinet. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (11) +Demolition of Buildings and Public Facilities +1. Federal public buildings and facilities may not be demolished except after the approval +of the Cabinet, and based on a proposal from the Minister in coordination with the Local +Government. +2. Demolition of public buildings and facilities shall be for one of the following reasons: +a. Rebuilding. +b. The end of its lifespan. +c. It's destined to fall. +d. Its conflict with the urban master plan. +3. If the demolition is due to the reason stated in Paragraph (D) of Clause (2) of this Article, +the Local Government shall compensate the Government financially or in kind if the urban master plan is Non- Federal in accordance with the provisions stipulated herein. + + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (12) +Licensing the Union Owned Properties Use or Exploitation +Subject to Articles (5) and (10) herein, the Cabinet may authorise any person to use or exploit any part of the Union Owned Properties allocated to serve a Public Facility, in +impl ementation of the provisions of concession or partnership contracts between the public +and private sectors, considering the following: +1. This shall be in implementation of a law or a resolution of the Cabinet that authorises a +Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 10 + person to manage or operate any Public Facility of the Government under concession or +partnership contracts between the public and private sectors. +2. This License shall be limited to a specific time period. +3. The contract concluded with the person shall include a stipulation of his commitme nt to +all provisions herein relating to the Union Owned Properties protection, maintenance +and management. +4. This License does not affect the level of performance of the Public Facility service +prevailing before the issuance of the License . +5. The beneficiary o f the License shall not be one of those working for the Federal Agency +contracting with him or his relatives up to the fourth degree. The beneficiary shall not be +a legal person who works for any of the aforementioned or has a share in his ownership. Share holders in public joint stock companies shall be excluded from this. +6. Register any real rights arising from this License in the Property Registry with the +Competent Local Authority in the Emirate where the Property is located. +7. Use and exploitation shall not conflict with the local legislation and laws of each Emirate, +or with the interests of the Government, provided that coordination is provided between +the Concerned Parties in this regard. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (13) + The License Cancellation +1. The Cabinet shall issue a resolution to cancel the License issued to use or exploit any of +the rights stipulated in article (12) herein, or to temporarily suspend its validity in any of +the following cases: +a. The Right Holder fails to comply with the laws or agreements regulating this right. +b. The public interest requires it, or in response to an emergency or unforeseen +Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 11 + circumstances. +2. The resolution, in the case stipulated in Paragraph (b) of Clause (1) of this Article, shall +determine the amount of compensation – if applicable – decide d for the Right Holder, +considering the remaining period of the right and the value of the assets invested by the +Right Holder after deducting the value of their depreciation if the agreement between +the Right Holder and the Government Agency with which the Right Holder contracted +stipulated that these assets be returned to it at the end of the contract without +compensation. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (14) +Loss of a Public Facility Status +1. ""Union Owned Properties allocated to serve a Public Facility"" may be converted into Private Union Owned Properties in any of the following cases: +a. Expiry of the purpose of the Public Facility to which Union Owned Properties are allocated. +b. Union Owned Properties allocated to serve a Public Facility are unable to provide +public service in view of the period of its use, the deterioration of its condition, or its +inability for any reason to efficiently provide this service. +c. If the continued use of Union Owned Properties allocated to serve a Public Facility +constitutes a threat to public health, p ublic security, or public safety. +d. The office of the Public Facility shall be replaced with a new office. +2. The Cabinet, based on the recommendation of the Minister, shall issue a resolution to remove this status in accordance with the provisions of Clause (1 ) of this Article. +3. The same resolution referred to in Clause (2) of this Article, or a subsequent resolution, +shall determine how to exploit or dispose of Union Owned Properties that has ceased to +Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 12 + be a Public Facility. +4. Coordination shall be made with the G overnment of the Relevant Emirate if the land on +which the Property allocated to serve a Federal Public Facility is located is registered as +grant land, before issuing the resolution referred to in Clause (2) of this Article. +5. The description of the Union O wned Properties whose status has changed in accordance +with the provisions of this Article shall be amended to ""Private Union Owned Properties"" +by noting this in the Property Assets Register. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (15) + Provisions concerning Private Union Owned Properties +1. Private Union Owned Properties are all properties owned by any Federal Agency but not allocated to serve a Public Facility, including: +a. Properties or Properties by allocation that are not used to serve a Public Facility starting from the date of their ownership. +b. Properties whose status has ceased to be ""allocated to serve a Public Facility"" in +accordance with the provisions of article (14) herein. +c. Money that has disappeared or the public benefit allocated to it has ceased. +d. Union Owned Properties which are used for investment, reinvestment, contribution +or partnership in profitable economic projects. +2. Private Union Owned Properties, in terms of its acquisition, exploitation and disposal, +shall be subject to the provisions of its legislation, unless a special provision is provided +herein or any other legislation regulating its protection, use, exploitation or disposal. +3. By resolution of the Cabinet – based on a proposal from the Minister – any of the Union +Private Property or any of the rights assigned to it to any Federal Agency or Subsidiary +may be assigned, free of charge, +Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 13 + 4. By a resolution of the Cabinet – based on a proposal from the Minister – any +guarantees, securities or rights on any of the Private Union Owned Properties as a +guarantee or security for t he obligations of any Federal Agency or Subsidiary may be +provided. +5. The Head of the Federal Agency legally authorised to manage any of the Private Union +Owned Properties may decide to lease it or to lease any of its units pursuant to a +reasoned resolution, provided that this shall consider the conditions stipulated in the +regulations and resolutions regulating that in a manner that does not conflict with +applicable local legislation. +6. No sale of any of the Private Union Owned Properties may be made except by a +resolution of the Cabinet in accordance with the conditions stipulated in the regulations and resolutions regulating this. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (16) + Federal Union Owned Properties Management +For the purposes of implementing the provisions herein, the Ministry und ertakes the Federal +Union Owned Properties Management and for this purpose it may : +1. Establish manage, operate, maintain and update the Property Assets Register. +2. Establish the necessary rules, guidelines and laws to maintain safe and efficient performance of Union Owned Properties. +3. Contribute to identifying, analysing and assessing the difficulties and risks that affect the +performance or efficiency of Union Owned Properties and proposing appropriate +solutions to resolve these difficulties or reduce these ris ks. +4. Provide Coordination between the Relevant Federal Authority and the Competent +Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 14 + Authorities in any of the Emirates concerning the resolutions issued by the Government +of any Emirate to grant, change, replace, or recover Government land or property to the +Government, or arrange any rights over it, and contribute to the preparation of any +documents or contracts related to that. +5. Submit proposals and recommendations to the Relevant Federal Authority and the Competent Authorities in the Government in everythin g related to resolutions issued by +foreign parties granting the Government land or property to be used for headquarters, +embassies, consulates, and other diplomatic missions of the State abroad. +6. Provide coordination with the Competent Authority in the Rele vant Emirate to +implement the resolution of the Relevant Emirate to grant the Government any original +or accessory property right over any property or replace it, including carrying out all procedures and implementing all requirements to receive and Regist er the Property or +registering the Property right assigned to it in the name of the Government in the Property Assets Register and receive all Licenses , maps and shop drawings related to this +property. +7. Coordinate with the Federal Agency that operates, manages or supervises the +management of any of the Union Owned Properties abroad to ensure that the +Competent State shall issue documents and title deeds for these properties in the name +of the Government and shall receive the original copies of these document s and bonds +and maintain them in the Property Assets Register. +8. Recommend the inclusion of any of the Union Owned Properties within the funds +allocated to serve a Public Facility, or change the nature of its use, or cancel its facility +status, and a resolut ion shall be issued by the Cabinet to that effect. +9. Determine the market value of any of the Union Owned Properties or any of its rights +that are intended to be disposed of to third parties, or arrange for any rights over them to +Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 15 + such third parties, or appr ove that value when it is determined by any other party. +10. Determine the market value of any of the Union Owned Properties for any other +purposes or approve that value. +11. Express opinion on any project proposed by any Federal Agency to build, rebuild, +expand, maintain, or demolish any of the Union Owned Properties, unless a special law +requires that another Agency has jurisdiction to do so. +12. Establish the rules and guidelines that Federal Agencies shall comply with in order to +lease any property or use it for a fee. +13. Establish the rules and guidelines that Federal Agencies shall comply with in order to occupy any space in any of the Union Owned Properties from any Non- Federal Agency, +for or without compensation. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (17) +Powers to view information related to U nion Owned Properties +The Ministry Competent Employees may view any files, information, data, or maps related +to any of the Union Owned Properties, and obtain copies thereof for the purposes of +exercising its jurisdiction in accordance with the provisions of applicable legislation, unless +those files, information, data, or maps include information that is confidential in nature. It requires authorisation from the authorised person to do so. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (18) + Property Assets Register +1. The Ministry shall create electronic platform called the ""Property Assets Register"" to +Register Union Owned Properties, and each unit of Union Owned Properties shall have +Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 16 + its own register that shows the following: +a. Its title deed. +b. Its actual or estimated value when owned. +c. Any legal or contractual restrictions or judicial rulings related to its use or benefit. +d. Topographic data, plans, areas, location, boundaries of the Property and adjacent +properties, number of floors and uses of each floor, if any. +e. Any warranties prescribed in its f avour. +f. The value of the expenses spent to acquire it, maintain it, rehabilitate it, or register it +in the name of the Government. +g. Any other data specified by the Ministry. +2. The Federal Agency that operates, manages, or supervises the management of any of the Union Owned Properties shall register it in the Property Assets Register in accordance +with the provisions herein and the resolutions issued in implementation thereof. It shall +also update the Register for these properties whenever necessary. +3. The Ministr y shall supervise the protection, maintenance and efficiency of the Property +Assets Register. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (19) + Classification of the Property Assets Register +Land, space and buildings (Properties) for the purposes of their registration in the Property Asset s Register are divided into two categories: +1. Union Owned Properties allocated to serve a Public Facility. +2. Private Union Owned Properties. + +Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 17 + " +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (20) +Modifying data in the Property Assets Register +If any legal facts or actions occur or any final judicial rulings, laws, decrees or final +administrative resolutions are issued requiring the deletion, cancellation or amendment of any statement recorded in the Property Assets Register, the Federal Agency that operates, +manages or supervises that property shall mark that in the data for this property. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (21) + Recovered Properties +1. In the event that the Emirate or its Local Government requests the recovery of any of the +properties it granted to any of the Federal Authorities, the Ministry shall coordinate with +the Emirate or Local Government to ensure that the recovery request is made in +accordance with the following controls and conditions: +a. The recovery shall be for the purposes of urban planning, the Emirate infrastructure, +or any public benefit for the A gency requesting the recovery. +b. The Emirate shall compensate the Government for the properties to be recovered with similar properties, or with financial compensation, or with both. The value of +the compensation shall be determined in coordination with the Local Government. +c. A resolution shall be issued by the Cabinet approving recovery and compensation. +2. As an exception to Paragraph (B) of Clause (1) of this Article, the Emirate granting vacant land may recover it without compensation if it is not exploited b y the Agency to which it +is granted, in coordination with the Ministry and the approval of the Cabinet. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (22) +Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 18 + Union Owned Properties outside the State +1. The provisions stipulated herein apply to any of the Union Owned Properties located +outside the State to the extent that they do not conflict with the State contractual +obligations with any foreign party, the treaties or agreements to which the State is a +party, or with the laws of the State in which the Property is located. +2. The Agency that operates, manages, or supervises the management of any of the Union +Owned Properties outside the State shall be the Agency responsible for implementing +the provisions herein to the extent necessary to protect and care for these properties. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (23) +Obligati ons of the Federal Authorities that occupy any of the Union Owned +Properties +1. In addition to the obligations stipulated herein, every Federal Agency that occupies, +manages, or supervises the management of any of the Union Owned Properties shall +comply, as f ollows: +a. Provide a report showing the legal and surveying status of that property, estimating +its value, and indicating its architectural and constructional condition, along with +attaching its construction plan and any data or any facts, documents or papers +related in any way to the sources of its ownership or occupancy, within a period not exceeding (6) six months from the effective date herein. His authority shall provide +the Ministry with a copy of this report immediately upon completion of its +preparatio n, and it shall renew this data and provide the Ministry with a copy of it +whenever necessary. +b. Take appropriate actions to create an archive, updated whenever necessary, that +classifies all data and information referred to in Paragraph (A) of Clause (1) of this +Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 19 + Article. +c. Carry out maintenance and preservation of the Property and restoring, repairing and +replacing any of its damaged parts or facilities, unless otherwise stipulated in the law. +d. Provide insurance to the Property against fire risks by contracting with one of the +insurance companies operating in the State. +e. Inform the Ministry Immediately of any actions or behaviours or threats that constitute a violation of any of the provisions stipulated herein. +f. Provide all forms of assistance and support to the Ministry in order to enable it to +carry out its duties in accordance with the provisions herein. +g. Inform the Ministry Immediately of any unauthorised use of any part of the Property occupy, and provide the Ministry with all relevant information. +h. Provide any information or data requested by the Ministry concerning the condition +of the Property, its suitability for use, the necessary maintenance for it, and any information, data, statistics or maps in order to enable the Ministry to carry out its +tasks specifi ed herein. +2. The Federal Agency that operates any of the Union Owned Properties shall include +within its annual budget the amounts necessary to implement the obligations stipulated +in Clause (1) of this Article. +3. The Federal Agency that receives any of the Union Owned Properties for use, +exploitation, management, or supervision of its management shall, in the procedures for +receipt or management, consider the provisions stipulated in the Guide stipulated in +article (25) herein. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (24) + Controls for Priv ate Property Lease +Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 20 + 1. The Ministry shall issue a Guide that includes procedures and controls for leasing Private +Property by any Federal Agency. +2. The Guide stipulated in Clause (1) of this Article shall include the conditions for +requesting to lease a property , the procedures for selecting the appropriate property, +indicating the reasons for this selection, the procedures for signing the lease contract, +evaluating the lease value, and the lease contract form. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (25) + Controls and Requirements for Union Owned Properties Use and +Exploitation +The Ministry shall issue one or more Guides clarifying the controls and requirements for the use or exploitation of any of the Union Owned Properties, including its occupancy times, +occupancy density, and other specifications and requirements that achieve efficiency, security, safety, health, and cleanliness. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (26) +Compliance with the Rules and Regulations of City Planning and +Construction +When determining the uses or exploitation of any of the Union Owned Pro perties, the city +planning and building rules and regulations applicable in the area in which the Property is +located shall be considered. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (27) + The Property Optimal Use +Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 21 + The Federal Agency that occupies the Property may determine its occupancy and divide it +into units, offices, or sections as appropriate for its purposes, all of this considering the evidence stipulated in article (25) herein. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (28) +Informing the Ministry of the Property Aspects of Exploitation +The Federal Agency that occ upies for the first time any of the Union Owned Properties shall +notify the Ministry of the aspects of exploitation of its approved areas, indicating this on an illustrative plan, within a period not exceeding (3) three months from the date of its +occupancy. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (29) +The Ministry being Informed of the need for Excess Property Space +1. If it becomes clear to the Federal Agency that occupies the Property that a space of the Property is in excess of its need in accordance with the usage controls referred t o in +article (25) herein by more than (20%) of the total area of the Property intended for occupancy, it shall provide a report on this and send it to the Ministry. The report shall +include the opinion of the party occupying the Property concerning the pos sibility of its +need for this space within a period not exceeding one year from the date of its +occupancy of the Property. +2. The Ministry shall issue a resolution concerning how to exploit the unused space in a +way that reduces the resulting waste as much as possible. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (30) +Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 22 + Controls for the Exploitation of Area of Property occupied by a Federal +Agency +The Federal Agency may contract with any private company or office to exploit places or +spaces in the Property it occupies to provide any services that help it achieve its objectives, provided that: +1. This shall be necessary to enable the Contracting Party to perform its duties. +2. It shall stipulate the aspects and conditions of occupancy and the right of the Federal +Agency to suspend or terminate that occu pancy if the occupant violates these conditions +in the concluded contract. +3. The Contracting Party shall comply with the safety, health and hygiene aspects specified +in the Guide stipulated in article (25) herein. +4. The Contracting Agency shall vacate the spac e it occupies within the period specified in +the notice sent by the Relevant Ministry or Federal Agency to this Contracting Agency. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (31) + Lease of Space of Property occupied by Federal Agency +The Concerned Federal Agency that occupies any of the Union Owned Properties allocated to serve a Public Facility may lease some vacant spaces in the Property to any person to +provide an administrative service, public relations, or provide food and light beverages, +considering the following: +1. The lease shall b e in accordance with the provisions of planning, determining prices, and +procedures for leasing Union Owned Properties, which are determined by a resolution +of the Cabinet. +2. This does not affect the optimal use of the areas approved by that Agency in accord ance +Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 23 + with the provisions of article (28) herein. +3. The Federal Agency shall sign a ""Space Lease Contract"" with the person leasing according +to the form prepared by the Ministry for this purpose. +4. The person shall comply with the safety, health and hygiene asp ects specified in the +Guide stipulated in article (25) of this Decree of Law. +5. The Leasing Agency shall vacate the space it occupies within the period specified in the notice sent by the Relevant Ministry or Federal Agency to this Leasing Agency. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (32) + Residence in Union Owned Properties +No person may reside, permanently or temporarily, or exploit any of the Union Owned Properties or any part thereof, or those allocated to serve a Public Facility, or any part thereof +for sleeping or temporary housing, except in the following cases: +1. The Property shall include a part allocated for the residence of employee crews, workers, or operators of that Public Facility, or if the Property is allocated for the residence of any +employee of any Federal Agency, whet her in the State or abroad. +2. The Property has a specific space allocated for rest or temporary sleep for the alternates +who serve the Public Facility. +3. In emergencies, such as floods and natural or environmental disasters declared by the Concerned Authoritie s. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (33) + Union Owned Properties Exploitation and Illegal Use +1. No person may occupy, possess, use or exploit any of the Union Owned Properties in the +Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 24 + following cases: +a. Occupation, possession, use or exploitation is Illegal. +b. After the expiration of t he period specified by the Federal Authority for use or +exploitation, unless obtaining permit to extend that period. +c. If the use or exploitation violates the aspects of use or exploitation specified in the +granted License Document or in the signed agreement . +d. Not fulfilling any of essential obligations specified in the granted License or in the +agreement signed. The breach of obligation is considered fundamental if the use or +exploitation of any property or any of the machinery, equipment or other facilities +built on it or attached to it is in a way that exposes it to destruction, damage or +demolition or conflicts with the essential requirements and conditions of public health, public safety or public security. +2. If it becomes clear to it that a person has committed any of the acts described in Clause (1) of this Article, the Ministry or Federal Agency that occupies the Property shall notify +that person in writing of the occurrence of the violation and request to hand over the +Property to the Ministry or the Fede ral Agency within the specified period in the notice. +3. The Violator may file a appeal in writing to the Ministry in respect of the violation within (5) five working days from the date of his receipt of the notice stipulated in Clause (2) of +this Article, an d to attach with the appeal any documents proving that he did not commit +the violation. +4. If the Violator, after being informed in writing, does not submit the appeal or hand over +the Property within the period specified, the Head of the Federal Agency may issue a +resolution to vacate the Property. This resolution shall be implemented through the +Enforcement Departments of the Competent Court. + +Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 25 + " +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (34) + Union Owned Properties Appeal Committee +1. The Minister shall issue a resolution to form a Committee called the ""Union Owned +Properties Appeal Committee."" The same resolution shall determine the number of its members, the procedures for convening it, filing appeals before it, and the mechanism +for making its resolutions. +2. The Union Owned Properties Appeal Com mittee shall consider the appeals submitted to +the Ministry by the Violator against whom a notice has been issued by the Ministry or +the Federal Agency to hand over or vacate the Union Owned Properties. +3. If the Committee finds out that the Complainant has f allen into one of the cases specified +in Paragraphs (A) to (D) of Clause (1) of article (33) herein, it shall submit its +recommendation to the Ministry or the Concerned Federal Agency concerning the +violation to issue vacation order immediately in accordan ce with Clause (4) of Article +(33) herein. +4. The resolutions of the Committee issued concerning the appeal shall be final. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (35) + Vacation Order +The vacation order referred to in article (33) herein shall include the following: +1. The reasons for makin g the resolution, including the legal or contractual provisions on +which the resolution was based. +2. The name and address of the person against whom the resolution was made. +3. Data of the Property scheduled to be vacated. +4. Inform the person that the resolution will be implemented through the Enforcement +Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 26 + Departments of the Competent Court if he does not implement it voluntarily within the +period specified in the resolution. +5. Hold the person responsible for paying all expenses necessary to implement the +resolution and the value of the damages, if any. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (36) + Considering the Vacation Order as Enforcement Department +The vacation order issued in accordance with the provisions herein is considered +Enforcement Bond and the Competent Authorities shall take action to implement this bond +and take its necessary measures. The Competent Authorities shall assist in its implementation, even by force, whenever they are requested to do so. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (37) + The Cost incurred in implementing the Administrative order of Vacation +The person against whom vacation order is issued shall bear the cost incurred by the Ministry to implement the vacation order and the value of the damages it caused. The value +of the cost referred to shall be collected pursuant to order submitted to the Competent +Court. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (38) + The Decree by Law applies to the Union Non -Owned Properties +The provisions herein apply to the Union Non -Owned Properties unless there is a special +provision in their regard. + +Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 27 + " +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (39) +Disposal of the Union Non -Owned Properties +The purchase, supply, inventory, storage, disbursement, depreciation and sale of the Union +Non -Owned Properties shall be carried out in accordance with the provisions of the +legislation in force in this regard. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (40) +Guide to Use Mate rials, Papers and Stationery +The Ministry shall issue a Guide for the efficient and sustainable use of materials, papers, +and stationery allocated for use in Federal Agencies. The Head of each Federal Agency or his +authorised representative shall issue res olutions ensuring the implementation of this Guide, +including appropriate procedures when violating the provisions contained in the Guide or in the resolutions he issues in implementation thereof. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (41) +Transferring the Union Non- Owned Properties between the Federal +Agencies +The Union Non -Owned Properties may be transferred between Federal Agencies without +compensation, provided that this transfer takes place in accordance with the legislation in force in this regard. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (42) + Purchasing Va cant Lands or Buildings and Annexing them to Union Owned +Properties +Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 28 + Any vacant lands or buildings shall be purchased for the purpose of annexing them to Union +Owned Properties in accordance with the provisions determined by a resolution of the Cabinet. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (43) +Arrangement of Rights over the Property +1. If the implementation of any project to establish any Public Facility requires arranging +any original or accessory right in rem over any property owned by a Non- Federal +Agency, the Federal Agency in char ge of implementing the project or supervising its +implementation shall comply as follows: +a. Submit a memorandum to the Ministry explaining the reasons for arranging this +right, its estimated cost, the boundaries and dimensions of the Property on which +this r ight is requested to be arranged, and the Ministry views and recommendations +in this regard. +b. Submit a memorandum to the Cabinet containing its requests and the Ministry +recommendation. +2. Subject to the provisions of article (42) herein, if the Cabinet shall approve the purchase, the Relevant Federal Authority shall contract with the seller on behalf of the +Government after ensure that the Property is competent to fulfil the purpose intended +for it and that it is free of any claims, allegations or judicial dis putes. It is free of any legal +restrictions or agreements that limit its use. +3. If the purchase process is completed, and the purchased property is a Property, the +Relevant Federal Authority shall register it in the Property Assets Register. + +Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 29 + " +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (44) +Penalties +The imposition of the penalties stipulated in this Law shall be without prejudice to any more +severe penalty stipulated in any other Federal Law. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (45) +Any person who does not preserve the Union Owned Properties and its inviolability, ow n it, +or gain any right over it, Or possessed, occupied, or benefited from it in any way, or disposed of it in any manner in violation of the provisions of the law shall be punished by +imprisonment for a period of no less than (6) six months and not exceed ing (2) two years, +and a fine not exceeding (500,000) five hundred thousand dirhams, or one of these two +penalties. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (46) +Any Government Official who does not prevent the misuse of Union Owned Properties and +does not immediately inform the Compete nt Authorities of any violations proven to him +related to misuse, exploitation, or infringement in any way on Union Owned Properties shall be punished by imprisonment for a period not exceeding one year and a fine not less than +(50,000) fifty thousand dirh ams, or by one of these two penalties. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (47) +Any Government Official who exploits his position or work to achieve a benefit for himself +or for others, or exploits his influence to facilitate the Obtaining any illegal benefit on any of +the Union Ow ned Properties, shall be punished by imprisonment for a period not less than +Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 30 + one year and not exceeding (3) three years and a fine not less than (100,000) one hundred +thousand dirhams, or by one of these two penalties. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (48) +Any Government Official who commits the following shall be punished by imprisonment for +a period not exceeding one year and a fine of not less than (200,000) two hundred thousand +dirhams, or by one of these two penalties: +1. Act as broker, agent, or sponsor for any natural or legal person who contracts with the Federal Agency where he works. Carry out work or provide a service related in any way +to the construction, maintenance, restoration, demolition, or contracting for the use or +transfer of ownership of any of the Union Owned P roperties. +2. Use Union Owned Properties for personal purposes or for purposes other than those +intended for it, whether in his custody or in the custody of someone else. +3. Allow any person to use or exploit any of the Union Owned Properties or to occupy any part thereof except in accordance with the cases permitted under any applicable +legislation. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (49) +Final provisions +The provisions herein apply to any Property or Non- Property assets that are not owned by +the Government or a Federal Agency, and the law or provision requires their confiscation or +the jurisdiction or assignment of any Federal Agency to manage, supervise their +management, direct, maintain, guard, or preserve any of the resources affiliated with them +or store them, including endowments, trust funds, and seized or seized funds as long as they +Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 31 + are in the possession or under the management or supervision of any Federal Agency for +any reason. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (50) +The Cabinet has the power, based on the Minister recommendation, to approve the +follo wing: +1. Excluding any of the Union Owned Properties from applying some or all of the provisions herein to them. +2. Selling, mortgaging, or reclaiming Union Owned Properties and any actions transferring their ownership. +3. Procedures for settling any disputes – if any – related to the compensation required +from the Local Government for Union Owned Properties to be recovered. +4. Any powers and competencies related to Union Owned Properties. +The Cabinet may authorise any Ministry or Federal Agency to exercise all or some of the +powers assigned to it herein. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (51) +Procedures for Coordination, Management and Disposal of Union Owned +Properties +The following procedures shall be determined by a resolution of the Minister: +1. Coordination procedures between the Federal G overnment and the Local Government +concerning: +a. Union Owned Properties to be recovered. +b. Local Property whose costs are borne by the Federal Government and which are +Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 32 + proposed to be returned to the Local Government. +2. Procedures for managing and leasing Union O wned Properties and mechanisms for +disposing of it in accordance with the provisions herein. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (52) +Documenting Legal Transactions on Union Owned Properties +Without prejudice to the provisions contained herein, the legal transactions relating to t he +Union Owned Properties shall be documented in accordance with the provisions of the local +legislation in force in the Relevant Emirate in which the Property is located. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (53) +Decree by Law Enforcement +The Cabinet shall issue the resolutions re quired for enforcing the provisions of this Decree +by Law. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (54) +Continuation of Implementation of Previous Regulations until the Issuance +of the Decree by Law +The resolutions currently in effect concerning the Union Owned Properties shall continue to be implemented in a manner that does not conflict with the provisions herein until the +resolutions that replace them are issued to implement the provisions herein. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (55) Repeals +Federal Decree by Law No. (16) of 2018 concerning Properties of the Fede ral Government +Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 33 + shall be repealed, as is every legislation or ruling that violates or conflicts with the provisions +herein. + +" +finance and banking,Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties,"Article (56) +Publication and Entry Into Force of Decree by Law +This Decree by Law shall be published in the Official Gazette and shall come into force after (6) six months from the date of its publication. + + +Mohammed Bin Zayed Al Nahyan +President of the United Arab Emirates + +Issued by us at the Presidential Palace in Abu Dhabi: +On: 13 Rabi' I 1445 H +Corresponding to: September 28, 2023 . " +finance and banking,"Decretal Federal Law No (10) of 2018, Regarding Netting","Article (1) +Definitions +In the implementation of provisions of this decretal law, and unless the context otherwise +requires, the following words and expressions shall have the meanings cited against each: +State: : The United Arab Emirates . +The Ministry : The Ministry of Finance . +The Minister : The Minister of Finance . +The +Committee : Committee for Designation of Qualified Financial Contracts . +The +Regulatory +Authorities in +the State : The Central Bank of the United Arab Emirates, the Securities & +Commodities Authority, and the Insurance Authority . + +Financial Free +Zones : Financial free zones established in accordance with provisions of Federal +Law No (8) of 2004 referred to . +Qualified +Fina ncial +Contracts : Financial contracts established under an agreement, contract or any +transaction, including any terms and conditions attached thereto . +Cash : Money credited to an account in any currency, or any other monetary +claim for repayment of money, including money market deposits . +Multi -Branch +Netting +Agreement : A Netting Agreement between two parties under which any of the parties +enters into a Qualified Financial Contract through its Home Office in +addition to one or more of its branches or agencies located in countries +other than its Home Country . +Person : A natural person or a judicial person . Decretal Federal Law No (10) of 2018, Regarding Netting 3 + Insolvency +and +Bankruptcy +Procedures : Any procedure under the provisions of laws relating to bankruptcy, +insolvency, liquidation including any compulsory winding up procedure, +reorganisation, composition with creditors, receivership, conservatorship or +any other similar procedures in force in the State . +Insolvent : The Person in respect to whom Insolvency and Bankruptcy Procedures +have been initiated under laws in force in the State . +Liquidator : The Person who is in charge of liquidation or receivership procedures, or +nominated to carry out such procedures; or the trustee, conservator, +supervisor for such procedures or other Person or entit y, which administers +the affairs of an Insolvent during Insolvency and Bankruptcy Proceedings +under the laws in force in the State . +Collateral : All that is provided to secure or enhance a right or obligation arising out of +a Netting Agreement or a contract of Qualified Financial Contracts, and +including any of the following: +1. Cash in any currency; +2. Securities, and any rights or claims related thereto; +3. Guarantees, letters of credit and obligations to reimburse; and +4. Any asset commonly used as collateral in the State . +Collateral +Arrangement : Any margin, variation margin, collateral or security procedures or other +credit enhancement tools related to, or forming part of a Netting +Agreement or one or more Qualified Financial Contracts entered into +thereunder, or to which a Netting Agreement applies, including: +1. A pledge, mortgage, charge or any other form of security interest in +Collateral, wh ether possessory or non -possessory; +2. A title transfer Collateral Arrangement; and +3. Any guarantee, letter of credit or reimbursement obligation by or to +another party to a Qualified Financial Contract, in relation to those +contracts. +Title Transfer +Collateral : A margin, Collateral or security procedures related to a Netting Agreement +based on the transfer of title to Collateral, whether by outright transfer or Decretal Federal Law No (10) of 2018, Regarding Netting 4 + Arrangement by way of security, including a sale and repurchase agreement, securities +lending agreement, securities buy/sell -back agreement or a pledge or +mortgage in accordance with special terms and conditions . +Home +Country : The jurisdiction where any of the parties to a Netting Agreement is +incorporated, regulated or duly re gistered. +Home Office : The office at the Home Country of any party to a Netting Agreement . +Foreign Party : A party whose Home Country is outside the State or within the Financial +Free Zones . + +" +finance and banking,"Decretal Federal Law No (10) of 2018, Regarding Netting","Article (2) +Scope of Application of the Law +1. The provisions of this decretal law shall apply to all Qualified Financial Contracts, Netting +Agreements specified under this decretal law or Collateral Arrangement, which are entered +into by any Person in the State. +2. This decretal law does not apply to the Financial Free Zones and financial institutions licensed thereby to the extent where there are similar legislations governing similar cases +referred to in this decretal law. + +" +finance and banking,"Decretal Federal Law No (10) of 2018, Regarding Netting","Article (3) +Cases of Netting +Netting includes the following cases: +1. Termination, liquidation and/or acceleration of any payment, obligation to deliver +entitlement or obligation to make, receive or require payments or deliveries, under a Qualified Financial Contract entered into under a Netting Agreement or to which a Netting Agreement applies; +2. Calculation, estimation, or adoption according to an index of a close -out or termination +value, market value, liquidation value, replacement value or any other relevant value – +including the value of any damages, which may arise from a party's failure to enter into +or perform a transaction required to be entered into under or pursuant to provisions of a +Netting Agreement of the kind as referred to in this decretal law – in respect of each Decretal Federal Law No (10) of 2018, Regarding Netting 5 + obligation or entitlement or group of obligations or entitle ments terminated, liquidated +and/or accelerated under item (1) of this article; +3. Conversion of any values calculated or estimated under item (2) of this article into a +single currency; +4. Determination of the net balance of the values calculated under item (2) of this article, as +converted under item (3) of this article, whether by operation of set -off, offset, or net out +of obligations or otherwise; and +5. Entry by the parties into a transaction pursuant to or by virtue of which such a net +balance becomes payable directly or as part of the consideration for a specific asset or +the provision for the payment of damages relating to any non - performance of any such +transaction. + +" +finance and banking,"Decretal Federal Law No (10) of 2018, Regarding Netting","Article (4) +Cases of Netting Agreement +1. An agreement is considered a Netting Agreement in any of the following cases: +a. Any agreement between two Parties that provides for Netting of present or future +payment or delivery obligations or entitlements or obligations, or entitlement to make, receive or require payment or delivery, arising under or in connection with one or +more Qualified Financial Contracts entered into under such agreement by the parties to the agreement referred to as a ""Master Netting Agreement""; +b. Any master agreement between two parties that provides for Netting of the amounts +due under two or more Master Netting Agreements; +c. Any Collateral Arrangement such as credit support annexes or credit support deed +related to or forming part of one or more of the foregoing agreement referred to in +paragraphs (a) and (b) of this article; and +d. Any agreement or arrangement in accordance with Shari'ah rules, with a view to having similar purposes as any Netting Agreements or arrangement referred to in paragraphs (a), (b), and (c) of this article. +e. If it includes agreements, contracts or transaction s, which fall within the framework of +Qualified Financial Contracts referred to in article (5) of this decretal law. Decretal Federal Law No (10) of 2018, Regarding Netting 6 + 2. Any arrangement shall be deemed to be a Collateral Arrangement if it includes +agreements, contracts or transactions that fall within the fr amework Qualified Financial +Contracts referred to in article (5) of this decretal law or within the definition of Netting Agreements referred to in this article. +3. Any Netting Agreement and all Qualified Financial Contracts to which such netting +agreement applies shall constitute a single agreement. +4. A ""Netting Agreement"" shall include ""Multi- Branch Netting Agreement""; however, the +provisions of the Multi- Branch Netting Agreement referred to in this decretal law shall be +enforceable on the Foreign Party's Bran ch/Agency, in case of its separate insolvency. + +" +finance and banking,"Decretal Federal Law No (10) of 2018, Regarding Netting","Article (5) +Qualified Financial Contracts +Without prejudice to provisions of article (7) of this decretal law Qualified Financial Contracts +shall be final and enforceable and shall include the following: +1. All types of swaps in relation to currencies, interest rate, basis rate, or commodities; +2. Foreign exchange, securities, or commodities transactions, whether spot, future, forward +or other such transactions; +3. A cap, collar or floor transaction; +4. A forward rate ag reement; +5. A currency or interest rate future; +6. A currency or interest rate option; +7. Equity derivatives, such as an equity or equity index swap, equity forward, equity option or equity index option; +8. A derivative relating to bonds or other debt securities or to a bond or debt security index, +such as a total return swap, index swap, forward, option or index option; +9. A credit derivative, such as a credit default swap, credit default basket swap, total return +swap or credit default option; +10. An energy derivative, such as an electricity derivative, oil derivative, coal derivative or +gas derivative; +11. A weather derivative, such as a weather swap or weather option; Decretal Federal Law No (10) of 2018, Regarding Netting 7 + 12. A bandwidth derivative; +13. A freight derivative; +14. An emissions derivative, such as emissions allowance or emissions reduction +transaction; +15. An economic statistics derivative, such as an inflation derivative; +16. A property index derivative; +17. A securities contract, including (a margin loan and an agreement to buy, sell, borrow or +lend securities), such as a securitie s repurchase or reverse repurchase agreement, a +securities lending agreement or a securities buy/sell back agreement, including any such +contract or agreement relating to a loan based on mortgage loans, interests in mortgage +loans or mortgage related secur ities; +18. A commodities related contract, including agreements (to buy, sell, borrow or lend +commodities), such as a commodities repurchase or reverse repurchase agreement, a +commodities lending agreement or a commodities buy/sell back agreement; +19. A collateral arrangement; +20. An agreement to clear or settle securities transactions or to act as a depository for securities; +21. Any agreement, contract or transaction similar to any agreement, contract or transaction referred to in items (1) to (20) of this article, with respect to one or more reference items or indices relating to interest rates, currencies, commodities, energy products, electricity, +equities, weather, bonds and other debt instruments, precious metals, quantitative +measures associated with an occurrence, extent of an occurrence, or contingency +associated with a financial, commercial or economic consequence, or economic or +financial indices or measures of economic or financial risk or value; +22. Any derivative such as swap, forward, option, contract for differe nces or other derivative +in respect of, or combination of, one or more agreements or contracts referred to in items +(1) to (21) and item (23) of this article; and +23. Any Shari'ah -compliant contract or undertaking, which individually or together with any +other such contract or undertaking has or is entered into with a view to having an +economic effect similar to any instrument of a kind described in any of items (1) to (22) Decretal Federal Law No (10) of 2018, Regarding Netting 8 + of this article – including a murabaha contract, musawama contract, master +collateralize d Murabaha agreement, restricted and unrestricted wakala agreement, +alternative profit rate swap, alternative cross currency swap, alternative foreign +exchange forward, other alternative hedging and investment instruments, arboun principle, or unilateral w a'ad and single wa'ad. + +" +finance and banking,"Decretal Federal Law No (10) of 2018, Regarding Netting","Article (6) +Obligations Arising from Qualified Financial Contracts +The following shall be established pursuant to Qualified Financial Contracts, whether they are entered into or incurred at a certain time or within a certain period of time and whether or +not subject to any condition or contingency, pursuant to which: +1. Payment or delivery obligations are due to be performed or title to commodities or +assets is to be transferred for consideration or +2. Obligation to make payments or deliv eries, or to transfer title to commodities or assets +for consideration. + +" +finance and banking,"Decretal Federal Law No (10) of 2018, Regarding Netting","Article (7) +Committee for Designation of Qualified Financial Contracts +A committee named the 'Committee for Designation of Qualified Financial Contracts' shall be +formed in the Minis try by a resolution from the Minister, chaired by a representative of the +Ministry and includes in its membership two (2) representatives of each of the Regulatory +Authority in the State. The Committee shall have the following terms of reference: +1. Provide o pinion on topics related to Qualified Financial Contracts; +2. Designate any additional financial agreement, contract or transaction as a Qualified Financial Contract; +3. Remove or add any financial agreement, contract or transaction from the list of Qualified Financial Contracts referred to in article (5) of this decretal law; +4. Replace any financial agreement, contract or transaction in the list of Qualified Financial +Contracts referred to in article (5) of this decretal law with any another financial +agreement, contract or transaction; or Decretal Federal Law No (10) of 2018, Regarding Netting 9 + 5. Any other functions designated by the Cabinet. +The resolution shall specify the mechanism for discharge of the Committee's functions. + +" +finance and banking,"Decretal Federal Law No (10) of 2018, Regarding Netting","Article (8) +Enforceability of Qualified Financial Contracts +All Qualified Financial Contrac ts in accordance with the provisions of this decretal law shall +not be void, unenforceable, or not final for any reason related to aleatory contracts ( Gharar ) +provisions referred to in the Civil Transactions law. + +" +finance and banking,"Decretal Federal Law No (10) of 2018, Regarding Netting","Article (9) +Enforceability of Netting Agreements +Netting Agreements shall be final and enforceable in accordance with their terms, including +against an Insolvent, a guarantor, or any other Person providing security for any party to this +agreement, even if this Person becomes Insolvent. The execution of a Netting Agreement shall +not be suspended or stopped or otherwise impose conditions on its execution based on: +1. The appointment of, or any application for the appointment of a Liquidator or any action of the Liquidator; +2. Any other provision of law relating to Insolvency and Bankruptcy Procedures; or +3. Any other provision of law that may be applicable to an Insolvent. + +" +finance and banking,"Decretal Federal Law No (10) of 2018, Regarding Netting","Article (10) +Enforceability of Netting during Insolvency and Bankruptcy Proceedings +During Insolvency and Bankruptcy Proceedings relating to a party to a Netting Agreement, the obligations of any party to make payments or deliveries, which pursuant to that agreement +are converted into net claims or obligations or otherwise netted – including through entry by +the parties into a trans action of the kind referred to in item (5) of the definition of Netting +referred to in article (3) of this decretal law – shall take effect, in accordance with the terms +of the applicable Netting Agreement. +The same applies to Qualified Financial Contracts and to financial contracts and transactions Decretal Federal Law No (10) of 2018, Regarding Netting 10 + to which such Netting Agreement applies. + +" +finance and banking,"Decretal Federal Law No (10) of 2018, Regarding Netting","Article (11) +Scope of Powers of the Liquidator +Without prejudice to the provisions of the registered owner and beneficial owner referred to +in the legislations issued within the jurisdiction of the Regulatory Authorities in the State, any +powers of the Liquidator to perform or not to perform specific contracts or obligations, +transactions or claims will not prevent the term ination, liquidation, acceleration and/or +conversion into net claims or obligations of all payment or delivery obligations or +entitlements, and all obligations or entitlements relating to the making of payments or +deliveries in accordance with the provisio ns of one or more Qualified Financial Contracts +entered into under a Netting Agreement or to which a Netting Agreement applies. +Any of such powers shall apply only to the net amount due in respect of all of such Qualified Financial Contracts in accordance with the terms therein. + +" +finance and banking,"Decretal Federal Law No (10) of 2018, Regarding Netting","Article (12) +Limits on Application of the Provisions of the Insolvency and Bankruptcy +Laws Prohibiting Set -off, Offset or Net Out of Obligations +The provisions of a Netting Agreement, which provide for the determination of a net b alance +of the close -out values, shall be enforced in respect of an Insolvent and any other party in +accordance with its terms. The same shall apply in respect of market values, liquidation values and replacement values calculated in respect of accelerated and/or terminated payment or delivery obligations or entitlements under one or more Qualified Financial Contract entered +into under or in connection with a Netting Agreement. +The provisions of a Netting Agreement shall not be suspended, resolved, made cond itional or +not performed in any manner based on the provisions of the Insolvency and Bankruptcy laws +in force, which limit the exercise of rights to set -off, offset or net out obligations, entitlements, +payment amounts or termination values owed between an Insolvent and another party. + Decretal Federal Law No (10) of 2018, Regarding Netting 11 + " +finance and banking,"Decretal Federal Law No (10) of 2018, Regarding Netting","Article (13) +Preferences and Fraudulent Transfers +1. The Liquidator shall not annul, stop or refuse the performance of any of the following +operations, on the grounds of it constituting a preference due to a non -Insolvent: +a. any payment, transfer, delivery, substitution or exchange of cash, Collateral or any other interests, property, asset, or financial instruments, both conventional and +Shari'ah -compliant, under or in connection with a Netting Agreement made from the +Insolve nt party to the non - Insolvent party; +b. any obligations incurred under or in connection with a Netting Agreement by the +Insolvent and owing to the non -Insolvent to make any payment, transfer, delivery, +substitution or exchange of cash, Collateral or any othe r interest or property; or +c. any transaction entered into by the Insolvent in accordance with the terms of any +Netting Agreement in order to give effect to the netting provisions of this agreement. +2. As an exemption to the provisions of item (1) of this article, the Liquidator may have the +right to annul or stop or refuse the performance of the operations mentioned in it, where +there is clear and convincing evidence that the non -Insolvent party made such operations +with the intention to hinder, delay, or defrau d any party to which the Insolvent party was +indebted or became indebted, during or after the date such operations were made. + +" +finance and banking,"Decretal Federal Law No (10) of 2018, Regarding Netting","Article (14) +Prohibition to Limit, Suspend, or Delay Application of Provisions of Netting +Agreements +No limit, suspend, or delay application of otherwise enforceable provisions of a Netting +Agreement in accordance with articles nos. (9) and (10) of this decretal law under the +proceeding of stay or any other similar proceeding or order. + +" +finance and banking,"Decretal Federal Law No (10) of 2018, Regarding Netting","Article (15) +Realization and Liquidation of Collateral +The realization, appropriation and/or liquidation of collateral shall take effect or occur Decretal Federal Law No (10) of 2018, Regarding Netting 12 + without any requirement that prior notice shall be given to, or consent be received from, any +party, Person or entity, provided that: +1. There is no agreemen t between the parties otherwise and +2. Legislations in force in the State requiring that the realization, appropriation and/or liquidation of collateral is conducted in a commercially reasonable manner shall be +taken into consideration. + +" +finance and banking,"Decretal Federal Law No (10) of 2018, Regarding Netting","Article (16) +Enforce ability of a Multi- Branch Netting Agreement in an Insolvency of a +Foreign Party's Branch/Agency +1. The liability of a Foreign Party's Branch/Agency, in case of insolvency, or the liability of its Liquidator in the State under a Multi- Branch Netting Agreement shall be calculated as of +the date of the termination of the Qualified Financial Contracts entered into under such +Multi- Branch Netting Agreement in accordance with the terms of this agreement. The non - +Insolvent's right to receive payments shall be limited to the lesser of either (i) the Foreign +Party Net Payment Obligation or (ii) the Foreign Party's Branch/Agency Net Payment +Obligation. +2. The liability referred to in item (1) of this article otherwise paid to or received by the non - +Insolvent shall be reduce d by any amount in respect of the Foreign Party Net Payment +Obligation pursuant to such Multi- Branch Netting Agreement, which if added to the +liability of the liquidator would exceed the Foreign Party Net Payment Obligation, under this article. +3. The liability of the liquidator of an Insolvent branch or agency of a Foreign Party to the non - +Insolvent under a Multi- Branch Netting Agreement shall be reduced by the fair market +value of, or the amount of any proceeds of, Collateral that secures or supports the +obligations of the Foreign Party under the Multi- Branch Netting Agreement and has been +applied to satisfy the obligations of the Foreign Party pursuant to the Multi- Branch Netting +Agreement to the non -Insolvent. +4. The Foreign Party's rights to receive payment based on payments made in accordance with +its Insolvency and Bankruptcy Proceedings in other jurisdictions shall be limited as follows: Decretal Federal Law No (10) of 2018, Regarding Netting 13 + a. The liability of the non- Insolvent shall be reduced by any amount otherwise paid to or +received by the Liquidator or any other liquidator or receiver of the Foreign Party in its +Home Country or any other country in respect of the Foreign Party Net Payment +Entitlement pursuant to such Multi- Branch Netting Agreement, which if added to the +liability of the non -Insolvent under this article would exceed the Foreign Party Net +Payment Entitlement. +b. The liability of the non- Insolvent to the Liquidator pursuant to such Multi- Branch +Netting Agreement also shall be reduced by the fair market value of, or the amount of +any proceed s of the Collateral that secures or supports the obligations of the Non- +Insolvent and has been applied to satisfy the obligations of the non -Insolvent to the +Foreign Party pursuant to such Multi- Branch Netting Agreement. +5. The non -Insolvent to a Multi- Branch Netting Agreement which has a perfected security +interest in Collateral, or other valid title, lien or security interest enforceable against third +parties pursuant to such Multi- Branch Netting Agreement, may retain all such Collateral +and upon termination of such agreement in accordance with its terms apply such +Collateral in satisfaction of any claims secured by the Collateral, provided that the total amount so applied to such claims shall in no event exceed the Foreign Party Net Payment +Obligation, if an y. Any excess Collateral shall be returned. + +" +finance and banking,"Decretal Federal Law No (10) of 2018, Regarding Netting","Article (17) +General Provisions +1. A Foreign Party's Branch/Agency Net Payment Entitlement shall be the amount that would have been owed by the non -Insolvent Party, if any, to a Foreign Party, under a Multi- Branch +Netting Agreement, after Netting that Qualified Financial Contract entered into by the non - +Insolvent with the branch or agency of the Foreign Party, which takes place in the State +under such an agreement. +2. A Foreign Party's Branch/Agency Net Payment Obligat ion shall be the amount that would +have been owed by the Foreign Party, if any, to the non- Insolvent, under a Multi- Branch +Netting Agreement, after Netting those Qualified Financial Contracts entered into by the non -Insolvent with the branch or agency of t he Foreign Party, which takes place in the State Decretal Federal Law No (10) of 2018, Regarding Netting 14 + under such an agreement. +3. A Foreign Party Net Payment Entitlement shall be the aggregate amount owed by the non - +Insolvent – including all its subsidiaries and affiliates, if any, to the Foreign Party. This sh all +apply after giving effect to the Netting provisions of a Multi- Branch Netting Agreement +with respect to all Qualified Financial Contracts subject to Netting under such agreement +– or the aggregate amounts that would be owed if the relevant Multi- Branch Netting +Agreement provided for any payments to either party, upon termination of Qualified +Financial Contracts thereunder, under such agreement. +4. A Foreign Party Net Payment Obligation shall be the aggregate amount owed by the Foreign Party – including all its subsidiaries and affiliates to the non -Insolvent after giving +effect to the Netting provisions of a Multi- Branch Netting Agreement with respect to all +Qualified Financial Contracts subject to netting under such agreement. + +" +finance and banking,"Decretal Federal Law No (10) of 2018, Regarding Netting","Article (18) +Conflict with Other Laws +Any provisions of any other law contrary to or conflicting with the provisions of this decretal law shall be cancelled. + +" +finance and banking,"Decretal Federal Law No (10) of 2018, Regarding Netting","Article (19) +Decretal Law Publication and Application +This decretal law shall be published in the Official Gazette, and shall come into force one month following the date of its publication. + + Khalifa Bin Zayed Al Nahyan +President of the United Arab Emirates + +Promulgated by us at the Presidential Palace, Abu Dhabi on: +Muharram 10, 1440 Hijri +September 20, 2018 Gregorian " +finance and banking,Federal Decree- Law No. (16) of 2018 Concerning the Real Estate Properties of the Federal Government,"Article (1) +Definitions +In application of the provisions of this Decree by Law, the following words and expressions shall have the meanings ascribed thereto unless the context requires otherwise: +State: : The United Arab Emirates . +The +Government : The Federal Government of the State. +Minister : The Ministry of Finance. +Federal +Government : Ministries, government agencies, public bodies and institutions in the +Federal State. Federal Decree- Law No. (16) of 2018 Concerning the Real Estate Properties of the Federal Government 2 + bodies +Federation +Properties : Real estate properties including the empty lands registered in the name +of the Government or any other Federal government agency allocated +for public interest or any right in rem in real estate properties. +Disposition : Creating a right in rem or personal right for any of the Federation +properties. + +" +finance and banking,Federal Decree- Law No. (16) of 2018 Concerning the Real Estate Properties of the Federal Government,"Article (2) +Scope of Application +This Decree by law shall be enforced on all properties of the Federation inside and outside the +State, without prejudice to bilateral or international agreements applicable in the State. + +" +finance and banking,Federal Decree- Law No. (16) of 2018 Concerning the Real Estate Properties of the Federal Government,"Article (3) +Exception to the scope of application +The following shall be excluded from the application of the provisions of this Decree by Law: +1. Endowed real estate properties managed by the General Authority of Islamic Affairs and +Endowments or any other federal Governmental agency. +2. Any Federal body or properties of the Federation for which a Cabinet decision is issued. + +" +finance and banking,Federal Decree- Law No. (16) of 2018 Concerning the Real Estate Properties of the Federal Government,"Article (4) +Federation Properties +Properties of the Federation shall include the real estates including the empty areas of land as +follows: +1. Real estates granted by an Emirate to the Government or any Federal Government body. +2. Real Estates owned by the Government or any Federal Government body. +3. Real estates granted or assigned by a natural or legal person for the favour of the +Government or any Federal Government body. + + Federal Decree- Law No. (16) of 2018 Concerning the Real Estate Properties of the Federal Government 3 + +" +finance and banking,Federal Decree- Law No. (16) of 2018 Concerning the Real Estate Properties of the Federal Government,"Article (5) +Disposition of the Federation's Properties +1. Without prejudice to the provisions of article (15) of this Decree by Law, a Federal +Government body shall not dispose any property owned by the Federation unless a +consent of the Ministry is given. +2. The Ministry shall be the competent authority to determine the Government bodies to +benefit from any of the federation's properties subject to the provisions of this Decree by +Law and its executive resolutions. +3. Notwithstanding the provision of clause (1) of this article, the Cabinet may, after taking +the opinion and consent of the Ministry, appoint any Federal Government body to dispose some of the Federation's properties. + + +" +finance and banking,Federal Decree- Law No. (16) of 2018 Concerning the Real Estate Properties of the Federal Government,"Article (6) +Leasing +The Ministry, upon the request of the Federal Government body benefiting from some +properties of the Federation, may permit such body to lease an office, floor, space or any other +part that is not used by that body pursuant to the policies and procedures of leasing +Governmen tal buildings approved by the Cabinet. + +" +finance and banking,Federal Decree- Law No. (16) of 2018 Concerning the Real Estate Properties of the Federal Government,"Article (7) +Registration of Federation's Properties +1. Properties of the Federation shall be registered under the name of the Government at the real estate registers of competent local bodies or the State where the property is located. +2. The Ministry shall keep a register of the Federation's Properties. +3. Notwithstanding the provision of clause (1) of this article, the headquarters of +Diplomatic commissions of the State overseas may be registered in the name of the +Minis try of Foreign Affairs and International Cooperation subject to the provisions of +applicable laws of the host country. Federal Decree- Law No. (16) of 2018 Concerning the Real Estate Properties of the Federal Government 4 + " +finance and banking,Federal Decree- Law No. (16) of 2018 Concerning the Real Estate Properties of the Federal Government,"Article (8) +Without prejudice to article (6) of this Decree by Law, non -governmental Federal agencies +may not dispose any of the Federati on's properties unless by the consent of the Cabinet. A +third party shall not acquire a right in rem due to lapse of time. + +" +finance and banking,Federal Decree- Law No. (16) of 2018 Concerning the Real Estate Properties of the Federal Government,"Article (9) +Competence of the Cabinet concerning the properties of the Federation +The Cabinet may, upon a recommendation of the Minister: +1. decide to demolish, rebuild, expand or change the specifications and descriptions of any +of the Federation's properties, +2. Dispose any of the Federation's properties owned by the Government through sale or +substitution to a third party. The ownership of such properties shall be transferred to the +alienee in its condition at the time of disposition with all its rights and liabilities and the +alienee shall not be entitled to claim any indemnity against such rights. + +" +finance and banking,Federal Decree- Law No. (16) of 2018 Concerning the Real Estate Properties of the Federal Government,"Article (10) +Documentation of Federat ion's Properties +1. The Ministry or the competent Federal government body shall coordinate with the +competent authority in the relevant Emirate in order to acquire its decision to give or +grant the title of a government property in order to create community p roperties on such +property or to dispose it. The Ministry shall fulfil all procedures and documents relevant to this matter. +2. The Ministry shall coordinate with the Ministry of Foreign Affairs and International +Cooperation to ensure that relevant bodies in the State, where the headquarter of the +Diplomatic commission is located, issue ownership documents for the diplomatic +properties and buildings in the name of the State of the Ministry of Foreign Affairs and +International Cooperation. The Ministry shall re ceive a copy of such documents. + Federal Decree- Law No. (16) of 2018 Concerning the Real Estate Properties of the Federal Government 5 + " +finance and banking,Federal Decree- Law No. (16) of 2018 Concerning the Real Estate Properties of the Federal Government,"Article (11) +Title Deeds +Federal Governmental bodies, occupying Federal properties at the time of enforcement of this +Decree by Law, shall send the Ministry the title deeds of such properties with relevant maps +and schemes. Such Federal government bodies may keep a true copy of these documents. + +" +finance and banking,Federal Decree- Law No. (16) of 2018 Concerning the Real Estate Properties of the Federal Government,"Article (12) +Reclamation of the Federation's Properties +The Ministry shall reclaim the Federation's properties pursuant to a written receipt report when the Federal governme nt body does not need such property it occupies. The Cabinet +may, upon a recommendation from the Minister, allocate the benefit of those properties to +any other Federal government body. + +" +finance and banking,Federal Decree- Law No. (16) of 2018 Concerning the Real Estate Properties of the Federal Government,"Article (13) +Requirements to reclaim the Federation's Properties +If the Emirate demands the reclamation of any property it granted to the Government or any +Federal Government body, the Ministry shall coordinate with the relevant authority in the +Emirate to confirm that reclamation request is made subject to the following p rovisions and +conditions: +1. The reclamation shall be for infrastructure purposes or public interest of the Emirates +requesting to reclaim the property. +2. The Emirate shall compensate the Government for the properties required for +reclamation with similar prope rties or a fair compensation as agreed upon between the +Government and the local Government. +3. The request of reclamation shall be approved by a resolution from the Cabinet. + +" +finance and banking,Federal Decree- Law No. (16) of 2018 Concerning the Real Estate Properties of the Federal Government,"Article (14) +Exception of the reclamation provision +As an exception to the provisions of article (13) of this Decree by Law, the Emirate ranting the Federal Decree- Law No. (16) of 2018 Concerning the Real Estate Properties of the Federal Government 6 + empty land may reclaim it, without any material compensation if it was not exploited by the +grantee. This shall be made in coordination between the Ministry an d subject to the approval +of the Cabinet. + +" +finance and banking,Federal Decree- Law No. (16) of 2018 Concerning the Real Estate Properties of the Federal Government,"Article (15) +Commitment of Provisions of Law in the Properties of the Federation +A natural or legal person is prohibited to possess or seize or dispose any part of the +Federation's properties except subject to th e provisions decided in this Decree by Law or the +applicable laws of the State. + +" +finance and banking,Federal Decree- Law No. (16) of 2018 Concerning the Real Estate Properties of the Federal Government,"Article (16) +Penalties +Without prejudice to any more severe penalty stipulated by any other law, anyone who +violates the provision of article (15) of this law shall be punishe d by imprisonment for a period +that is not more than a year and a fine that shall not exceed AED (100.000) one hundred +thousand dirhams or one of these two penalties. The court shall rule to remove the violation +at the cost of the violator. + +" +finance and banking,Federal Decree- Law No. (16) of 2018 Concerning the Real Estate Properties of the Federal Government,"Article (17) +Executive Resolutions +The Cabinet shall, upon the proposal of the Minister, issue the resolutions necessary for the +execution of the provisions of this Decree by Law. + +" +finance and banking,Federal Decree- Law No. (16) of 2018 Concerning the Real Estate Properties of the Federal Government,"Article (18) +Transitional Governance +Resolutions and instructions relevant to the properties of the Federation, issued before the +enforcement of this Decree by Law, shall continue to apply to what is not contrary to its +provisions until necessary resolutions to execute the provisions of this Decree by Law are +issued. Federal Decree- Law No. (16) of 2018 Concerning the Real Estate Properties of the Federal Government 7 + " +finance and banking,Federal Decree- Law No. (16) of 2018 Concerning the Real Estate Properties of the Federal Government,"Article (19) +Repeals +Any provision contrary to or inconsistent with the provisions of this Decree by Law shall be +repealed. + +" +finance and banking,Federal Decree- Law No. (16) of 2018 Concerning the Real Estate Properties of the Federal Government,"Article (20) +Publication and Enforcement +This decree by Law shall be published in the official Gazette and shall come into force one month from the d ate of publication. + + + + +Khalifa Bin Zayed Al Nahyan +President of The United Arab Emirates + + + + + + + + +Issued by us at the Presidential Palace in Abu Dhabi : +Dated: 13 Muharram, 1440 AH +Corresponding to: 23 September, 2018 " +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (1) +Definitions +In application of the provisions of this Law by Decree, the following words and phrases shall +have the meanings assigned to each of them, unless the context otherwise requires: +State : United Arab Emirates . +Minister : Minister of Finance. +Competent +Authority : The local authority in the concerned Emirate competent with +verifying the validity of the Trust Instrument created in that +Emirate and registering it, in accordance with the provisions of +Articles (42) and (44) of this Law by Decree, respectively. +Person : Natural or legal person. +Trust : The legal person established by virtue of the Trust Instrument in +accordance with the provisions of this Law by Decree to achieve +the purpose of the Trust. +Settlor : A natural or legal person who creates the Trust and transfers its +Federal Decree by Law No. (31) of 2023 On Concerning Trust 2 + property thereto in accordance with the provisions of this Law by +Decree. +Trustee : A natural person, including the Professional Trustee, or a +profession legal person, appointed in acco rdance with the Trust +Instrument, to whom the authorities and powers identified in the +Trust Instrument and the provisions of this Law by Decree are +transferred to achieve the purpose of the Trust. +Professional +Trustee : A natural person licensed to car ry out the duties of the Trustee +according to the provisions of this Law by Decree or the +legalisation in force in the State . +Professional +legal person : A legal person licensed in the State, including in any of the +financial free zones, which is allowe d by the licence to carry out +the authorities and powers of the professional trustee. +Trust +Instrument : A written document prepared by the Settlor to determine the terms +and conditions relating to the Trust, including any amendments to +those terms and conditions. +Terms of the +Trust +Instrument : Terms stipulated in the Trust Instrument that express the will of +the Settlor and how to enforce and manage the Trust . +Trust +Property : Any movable or immovable property owned by the Trust, +including any interests related thereto or deemed a part thereof +and any existing or possible right, inside or outside State. The Trust +Property includes Dividends of the Trust in accordance with what +is specified by the Trust Instrument. +Dividends of +the Trust : All returns, interest, revenue and any profit resulting from an +investment or use or disposal of any of elements of the Trust +Property . +Beneficiary : The person entitled to a personal ri ght by virtue of the Trust +Instrument, including the person entitled to or may be entitled to, +in accordance with the Trust Instrument obtaining dividends or +Federal Decree by Law No. (31) of 2023 On Concerning Trust 3 + property of the Trust; and any person to whom the trustee has the +power to grant the dividends of the trust, including granting the +security right in his favour on the property of the Trust. +Record : A database maintained by the Competent Authority for registering +and documenting the Trust Instrument and any amendments +thereto. +Purpose of +the Trust : The purpose for which the trust is created in accordance with the +provisions of Clause (1) of article (6) of the Law by Decree. +Trust +Protector : A person appointed by the Settlor to protect the Trust, or +appointed in accordance with the mechanism determined by the +Trust Instrument . +Interested +Party : The Settlor, Trustee, Beneficiary, the legal representative of the +Beneficiary, or the Trust Protector. +Competent +Court : A court having the competence according to the Civil Procedures +Law. +Trust's +Validity +Certificate : A certificate issued by the Competent Authority in accordance with +the provisions of Clause (2) of article (42) of this Law by Decree. +Registration +Cer tificate : An official certificate issued by the Competent Authority in +accordance with the provisions of Clause (4) of article (44) of this +Law by Decree. +Financial +Free Zones : Free zones specified by virtue of the provisi ons of Federal Law No. +(8) of 2004 Concerning the Financial Free Zones. +Initial +Registration : The first procedure of registering the relevant Trust Instrument in +the Record and issuing a registration certificate, excluding any +subsequent registration of any amendment to the Trust Instrument +in the Record. + + + +Federal Decree by Law No. (31) of 2023 On Concerning Trust 4 + " +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (2) +Scope of Application of the Law by Decree +1. The provisions of this Law by Decree shall apply to every trust created in accordance +with its provisions, except for the Financial Free Zones that have legislation to regulate +the Trust created therein. +2. The Trust shall be subject to the provisions of the Trust Instrument, the provisions of this Law by Decree, its preamble, and the resolutions issued pursuant thereto, and not to any +other legislation. + +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (3) +Legal Personality of Trust and Ownership of Trust Property +1. The Trust shall acquire the legal personality as of the initial registration date and shall +have financial and administrative independence and the right to litigation, and shall be +represented by the Trustee. +2. Neither the Settlor nor the Trustee, nor their heirs or successors, are considered owners +of the Trust Property and its Dividends, and the Trust, its Property or Dividends do not +enter the estate of any of them in the event of death or in bankruptcy or liquidation +procedures taken against any of them. +3. The ownership of the Trust Property shall be transferred to the Trust once they are +transferred to the Trust in accordance with the rules. + +Chapter Two +Creation of the Trust +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (4) +Trust Property Requirements +1. The property transferred to the Trust must meet the following conditions: +a. The property must be owned by the Settlor, who has the right to dispose thereof +personally or through his legal representative, in accordance with the provisions of +this Law by Decree and any other legislation in force in the State. +Federal Decree by Law No. (31) of 2023 On Concerning Trust 5 + b. The property that will be transferred to the Trust must be disposable and free of any +established right of a third party. If the property is associated with an established +right of a third party, the ownership of such property shall be transferred to the Trust +associated with this right. +c. The property must be specific or specifiable, and include property that will be +realized in the future. +2. The transfer of the Settlor's property to the Tr ust is not a condition for its creation. +3. The Trust Property shall not subject to any financial disclosure by the Trustee unless +such disclosure is made by the Trustee in his capacity or in implementation of an order +from a Competent Court or in accordance with the legislation in force in the State. + +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (5) +Trust Instrument +1. The Trust Instrument shall fulfil the following conditions: +a. It must be approved by the Competent Authority in accordance with article (42) of +this Law by Decree. +b. It must be executed in a written form, and signed by the Settlor or each Settlor if they are multiple, in accordance with the procedures approved by the Competent +Authority. If the person appointed as Trustee, or one of the Trustees if they are +multiple, accepts his appointment in the manner specified in Clause (1/A) of Article +(15) of th is Law by Decree, the Trust Instrument may also be signed by that person. +c. It must be registered in the Record according to article (44) of this Law by Decree. +2. The Trust Instrument must include the following data: +a. Declaration of the Settlor's will to create the Trust. +b. Determination of the beneficiary of the Trust, or the mechanism of determining him. +c. Determination of the Trust Property or a statement of its description in a manner that +enables it to be ide ntified. +d. Determination of the Trust period and, in the event the period is not determined, the +Trust shall be deemed for life unless otherwise is established from the circumstances +as assessed by the Competent Court. +Federal Decree by Law No. (31) of 2023 On Concerning Trust 6 + e. Determination of the name by which the Trust shall be known. +f. Naming the Trustee or the mechanism of naming him to work in such capacity. +g. Determination of the authorities and powers of the Trustee. +3. In the event of the absence of either of the data mentioned in the Clause (2) of this +Article, except Paragraph (D) of Clause (2), the Trust Instrument shall be void. +4. The Trust Instrument may include: +a. Detailed data on determining the Beneficiary and the portion allocated for each +Beneficia ry, if they are multiple. +b. Whether the Beneficiary's share is a portion of the Dividends of the Trust Property or +a portion of the Trust Property itself. +c. The power of the Trustee to accommodate the interest of Beneficiaries when distributing the Trust Property to them without violation of the terms of the Trust +Instrument. +d. Determination of the conditions related to the management of the Trust Property. +e. Method of appointment, dismissal and replacement of the Trustee and any resulting +effects. +f. Effects resulting from the termination of the Trust. +g. Any other matters with regard to implementation of duties of Trustee or regulation of +the relationship between him and the Settlor, the Beneficiary or the Trust Protector. +h. Method of appointment of the Trust Protector and his powers. +i. A description of the purpose of the Trust. +j. Any other matters that may be included in the Trust Instrument according to the +provisions of this Law by Decree. +5. The registration of the Trust Instrument after reviewing the structure, terms, conditions, and clauses of the Trust Instrument and the is suance by the Competent Authority of a +Trust validity and enforceability certificate, is considered an argument on all party of the +validity and enforceability of the Trust unless its invalidity is proven in accordance with +the provisions of article (39) o f this Law by Decree. +6. The Trust Instrument and any document related thereto shall be written in Arabic or in +any other language, provided it is accompanied by a certified translation into Arabic; and +Federal Decree by Law No. (31) of 2023 On Concerning Trust 7 + in the event of a dispute, the original language in which the Trust Instrument is written +shall prevail. + +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (6) +Purpose of the Trust +The purpose of the Trust stated in the Trust Instrument must be clearly defined, legitimate +and achievable. + +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (7) +Increasing Trust Property +1. The Settlor may add additional property to the Trust, unless the Trust Instrument +stipulates otherwise. +2. The Trust Dividends shall be attached to the Trust Property. + +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (8) +Trust Period +1. Subject to Clause (2/D) of article (5) of this Law by Decree, the end of the Trust period +may be linked to an incident or a legitimate, specified and feasible reason, provided this +is expressly stated in the Trust Instrument. +2. If a period is set for th e Trust and the Trust Instrument does not stipulate the mechanism +for distributing the Trust Property at the end of such period, the Competent Court may, +upon the request of any Interested Party, and subject to the provisions of article (41) of +this Law by Decree, or issue a decision to distribute it. + +Chapter Three +Settlor +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (9) +Conditions of Settlor +1. If the Settlor is a natural person, he must meet the performance eligibility conditions in +Federal Decree by Law No. (31) of 2023 On Concerning Trust 8 + accordance with the provisions of the Federal Civil Transactions Law. +2. If the Settlor is a legal person, a decision shall be issued from the Competent Authority to +dispose of its property according to the incorporation documents of that person, and the +legislation applicable in the State. + +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (10) +Multiple Settlors +1. If there are multiple Settlors: +a. They shall take all decisions unanimously, without cons ideration to the contribution +of each Settlor to the Instrument Property, unless the Trust Instrument stipulates otherwise. +b. Each Settlor shall carry out his powers in accordance with the terms of the Trust +Instrument. +2. Each Settlor may delegate any of his powers granted thereto according to the provisions +of this law by Decree to another person, unless the Trust Instrument stipulates +otherwise. + +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (11) +Obligations of the Settlor +The Settlor shall be committed to: +1. Transferring the property to the Trust and transfer the authorities and powers to the +Trustee within a period not exceeding six (6) months as of the date of Initial Registration, +unless the Trust Instrument stipulates otherwise. +2. Delivering all do cuments, instruments and data related to the Trust Property to the +Trustee within the period stipulated in Clause (1) of this Article, unless the Trust +Instrument stipulates otherwise. + + + +Federal Decree by Law No. (31) of 2023 On Concerning Trust 9 + " +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (12) +Powers of the Settlor +1. The Settlor may keep for himself the following powers related to the Trust if the Trust +Instrument expressly allows it: +a. Termination of the Trust or revoking it in whole or in part. +b. Amendment or change of the Trust purpose. In this case, it is per missible to specify in +the Trust Instrument a certain period within which no amendment or change is +allowed, and the Settlor may make amendments or changes after this period ends, +provided this takes place during his life if he is a natural person. +c. Amendment of either of terms of the Trust Instrument in whole or in part, including +the cases stipulated in this Law by Decree. +d. The addition of a new Beneficiary or the exclusion of any Beneficiary from the Trust, +the amendment of the rights of any Bene ficiary, or the development of terms related +to determining Beneficiaries or their entitlement to the Trust Dividends, permanently +or temporary. It is permissible to specify in the Trust Instrument the party with the right to carry out the power stipulated in this Article and any other related terms. +e. The appointment or dismissal of the Trustee, Trust Protector or any other person appointed or given authorities or powers by virtue of the provisions of this Law by +Decree. +f. Change of the Trustee's obligations as stipulated by the Trust Instrument and the +restriction of the Trustee carrying out any of his authorities or powers and the registration thereof by written consent from the Settlor or any other person +determined in th e Trust Instrument. +g. Issuance of instructions to the Trustee with regard to the management, disposal, +method of use, exploitation or investment of the Trust Property, or the appointment or delegation of any person to do so, and any registration relatin g to any amendment +to the Trust Instrument. +2. The Settlor's exercise of any of the authorities and powers stipulated in Clause (1) of this +Article shall not be effective against the Trustee except as of the date on which the +Settlor or his representativ e notifies him thereof in writing, and any actions carried out +Federal Decree by Law No. (31) of 2023 On Concerning Trust 10 + by the Trustee in good faith before receiving this notification shall be considered valid. + +Chapter Four +Trustee +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (13) +Condition for Appointing the Trustee +1. The Trustee who is a natural p erson must meet the following conditions: +a. To have the eligibility of performance according to the legislation applicable in the +State. +b. To be of good character and conduct and to have never been convicted of a crime or +misdemeanour against honour or integrity, unless he has been rehabilitated; and this +shall be proven by virtue of a criminal case investigation certificate or something +simi lar issued by the competent authorities in the State. +2. If the Trustee is a legal person, it must be a Professional Legal Trustee. +3. Professional Legal Persons and Professional Trustees shall be licensed by each Emirate in +accordance with the licensing requirements and procedures determined by a Cabinet +Resolution upon on the Minister's proposal and in coordination with the competent authorities. +4. The Settlor may be both a Trustee and a Beneficiary. + +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (14) +Multiple Trustees +1. The Trust may have one Trustee or more as stipulated by the Trust Instrument. +2. If the Trust Instrument does not specify the number of Trustees, the Trust shall have one +Trustee, and the Settlor shall reserve the right to add one or more Trustees if the Trust +Instrument stipulates that, and he also has the right to grant this power to the Trustee Protector. +3. If there are multiple Trustees, the Trust Instrument must stipulate the following: +a. Distribution of authorities and powers related to the Tr ust between more than one +Federal Decree by Law No. (31) of 2023 On Concerning Trust 11 + Trustee. +b. The responsibility of each Trustee for his actions and dispositions within the limits of +his authorities and powers specified in the Trust Instrument. +The Settlor may appoint one of the Trustees, in the event of mult iple Trustees, as the main +Trustee to carry out the authorities and powers stipulated in the Trust Instrument or in this +Law by Decree. +1. In the event of multiple Trustees, if the Trust Instrument does not stipulate the method of +managing the Trust bet ween them and making decisions related to the Trust, they must +work together, and their decisions shall be taken in writing by an ordinary majority, except in cases where an urgent action is required to achieve the purpose of the Trust, or +where the requir ed action does not require an exchange of opinions, such as the receipt +or repayment of a debt, so that any Trustee may take the appropriate decision. +2. Subject to the provisions of the Trust Instrument, in the event of multiple Trustees, any +opposing Trustee shall have the right to object to the decision issued by the majority of Trustees, and his objection shall be recorded in writing in the decision its elf. +3. In the event of multiple Trustees, if the Trust Instrument does not specify the duties of each of them, they will be jointly responsible for the damage incurred by the Trust if it +results from a joint fault. +4. In the event that one of the Trus tees ceases to be eligible to assume his duties, the +remaining Trustees shall carry out their usual duties until a new Trustee is appointed. +5. In the event of multiple trusts, Trustees shall not be jointly liable for what one of them +does if he exceeds his authorities and powers stipulated in the Trust Instrument or is +arbitrary in its implementation. + +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (15) +Accepting or Rejecting the Appointment of Trustee +1. The person who has been named Trustee may accept or reject his appointment in this capacity, and any of the following is considered acceptance by him if he fulfils any of the +following within a period specified by the Settlor in the Trust Instrument, or within ten +(10) working days as of the date of Initial Registration if the Trust Instrum ent does not +Federal Decree by Law No. (31) of 2023 On Concerning Trust 12 + stipulate that period: +a. If the nominated person expressly consents to this appointment. +b. The signature of the nominated person on the Trust Instrument, if he is a natural +person, or the signature of the legally authorised person in the case of a legal person. +c. The transfer of authorities and powers over the Trust Property to the nominated +person and the commencement of performing his obligations as Trustee. +2. Any person who has been named Trustee is considered as rejecting of this appointment +in any of the following cases within a period specified by the Settlor in the Trust +Instrument, or within ten (10) working days as of the date of Initial Registration if the +Trust Instrument does not stipulate that period: +a. If the nominated person expressly rejects his appointment. +b. If the appointed person does not express his acceptance or rejection of the appointment. +3. The express acceptance or rejection of the appointment shall be sent by any written +means to the Settlor. In the event of the death of the Settlor, the acceptance or rejection +of the appointment shall be sent to any other appointed Trustee exercising his d uties +over the same Trust or to any other person who has the power to appoint the Trustee in +accordance with what stipulated in the Trust Instrument. +4. The Trust Instrument may stipulate the appointment of an alternative Trustee or the +method for select ing an alternative Trustee, in the event that the named Trustee rejects +or is deemed to reject the appointment. +5. The transfer of the property of the Settlor to the Trust shall not be completed except after +naming a person as Trustee and after he accept s his appointment in this capacity in +accordance with Clause (1) of this Article. In the event of multiple Trustees, at least one Trustee must accept his appointment in this capacity in accordance with Clause (1) of +this Article. + +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (16) +Trustee's Resignation, Relief from Duty, or Suspension +1. The Trustee may resign or request to be relieved from his position as Trustee after +Federal Decree by Law No. (31) of 2023 On Concerning Trust 13 + accepting his duties. +2. Subject to the provisions of the Trust Instrument, the resignation or request to be +relieved shall be submitted by any written means to the Settlor or the Trust Protector in +the event of the death or loss of capacity of the Settlor at least twenty (20) working days +before the effective date of the resignation or request to be relieved from the duty, +unless The Trust Instrument specifies a shorter period or the remaining Trustees +unanimously agree to a shorter period for the resignation or relief from duty to take effect. +3. The person who has authority to appoint the Trustee must respond to a request for his resignation or relief by any written means within ten (10) working days as of the date of +receipt of the request. The request for resignation or request for relief is dee med +accepted if there is no response within the specified period. +4. If the Trust Instrument does not regulate the terms and conditions of the resignation or +relief of the Trustee from his duties, or if the Trustee refuses to accept the resignation or relief from duties, the Trustee must submit the relevant request to the Competent Court +to issue a decision thereon, and if the Competent Court finds out that the purpose of the resignation is to disrupt the implementation of the Trust, it shall issue a decision to reject +the resignation, and obligate him to pay the damages resulting from that. +5. In the event of the death of the Settlor or his loss of legal capacity, the Settlor or the Trust +Protector may dismiss the Trustee for ceasing the performance of his duties for a period +exceeding three (3) months, even if the reasons for that are justified, unless the Trust +Instrument stipulates otherwise, and if the Settlor or the Trust Protector is unable to +dismiss the Trustee in accordance with the provisions o f this Clause, any relevant party +may request the Competent Court to issue a decision to dismiss the Trustee due to his cease to perform his duties for a period exceeding three (3) months, even if the reasons +for that are justified. +6. If the concerned T rustee commits a deliberate error or breaches his obligations +stipulated in the Trust Instrument or this Law by Decree, the Settlor or the Trust +Protector, in the event of the death of the Settlor or loss of his legal capacity, and upon the request of the remaining Trustees, if multiple, may order to suspend the Trustee from +Federal Decree by Law No. (31) of 2023 On Concerning Trust 14 + practising his authorities and powers or to fulfil his obligations for the period he +determines so as not to harm the purpose of the Trust; and in the event of multiple +Trustees, the Tr ustee who has been suspended from work in accordance with the +provisions of this Clause shall have the right to object to the decision of the Settlor or the +Trust Protector, as the case may be, and he must provide written notification of his +objection to t he remaining Trustees. + +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (17) +Dismissal of Trustee +Any of the Trustees shall be dismissed or a request to replace any of the members of the +board of directors of the Trustee shall be made if the Trustee is a legal person for any of the +reasons specif ied in the Trust Instrument, in accordance with the following: +1. The Settlor during his lifetime. +2. The Trust Protector in the event of the death or loss of legal capacity of the Settlor. +3. The remaining Trustees, if multiple, after the death of the Settlor, in the event that there is no Trust Protector. +4. The Competent Court upon the request of any interested party, in the event that the +Trustee cannot be dismissed in accordance with the provisions of clauses (1), (2) and (3) +of this Article. + +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (18) +Expiry of Trustee's Powers +1. The powers of the Trustee shall expire in any of the following cases: +a. Upon his death or loss of legal capacity if the Trustee is a natural person. +b. Upon liquidating his activity or declaring its bankruptcy if the Trustee is a legal +person. +c. Upon the expiration of the term of his appointment as specified in the Trust +Instrument. +d. Upon cancelling the Trustee's licence if he is a Professional T rustee or a Professional +Legal Person. +Federal Decree by Law No. (31) of 2023 On Concerning Trust 15 + 2. Subject to the terms of the Trust Instrument, and in the event that the powers of the +Trustee expire in accordance with Clause (1) of this Article and there is no appointed +Trustee to assume the duties related to the Trust, the Competent Court shall assign the +management of the Trust to a temporary Trustee or one or more Professional Legal +Persons until a new Trustee is appointed in accordance with the Trust Instrument or in +accordance with the provisions of this Law by Decree in the event that the Trust +Instrument does not include the method for appointing a new Trustee; and the Trust +shall remain under the management of the Professional Trustee or the Professional Legal +Person appointed temporarily until the new Trustee assumes his duties. +3. In the event of the expiry of the Trustee's capacity in accordance with Clause (1) of this +Article, and the terms and mechanism for replacing the Trustee are not specified in the +Trust Instrument, the Competent Court shall be responsible, upon the request of any +interested party, to appoint a new Trustee. +4. Any person appointed as replacement Trustee in accordance with Clause (3) of this Article shall enjoy all the authorities and powers that the replaced Trustee had, unless +otherwise is stipulated in the Trust Instrument or in the decision of the Competent C ourt +that has appointed the replacement Trustee. +5. The Trustee whose capacity has expired, or his heirs or successors, must hand over all +documents related to the Trust to the new Trustee in accordance with Clause (3) of this Article. +6. The replaceme nt of the Trustee shall not prejudice any obligation imposed by any other +applicable law regarding the consideration of dispositions made by the former Trustee in +relation to the Trust. + +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (19) +Effect of Expiry of Trustee's Powers +1. If the powers o f the Trustee expire for any reason and no other Trustee is appointed, the +Trust shall be effective until a new Trustee is appointed in accordance with the +provisions of this Law by Decree, unless the Trust Instrument stipulates otherwise. +2. If the powers of the Trustee expire for any reason other than death or loss of legal +Federal Decree by Law No. (31) of 2023 On Concerning Trust 16 + capacity, he must submit to both the Settlor and the Trust Protector or the Competent +Court, if he was appointed by it, an audited final account of the Trust accompanied by all +data, papers and documents related to the work he has undertaken in favour of the +Trust. He shall be considered a custodian of the Trust Property until he completes the +delivery of all supporting information and documents in his possession; and he must +take the necessary measures to transfer the rights over the Trust Property to the new +Trustee or the other Trustees, if multiple, as soon as possible. +3. If the powers of the Trustee expire due to death or loss of legal capacity, the heirs of the +Trustee or the legal representative of the Trustee, as the case may be, must notify the +Competent Court or any of the other Trustees, if multiple, of the death of their testator or +loss of his legal capacity within forty (40) working business days as of the date of death or loss of legal capacity or as of the date of their knowledge of the Trust if they were not +aware of it, and the Competent Court shall notify the Settlor, the Trust Protector and the +Beneficiary of the death of the Trustee or the loss of his legal capacity. +4. In the event of the death of the Trustee or his loss of legal capacity, his heirs or his legal +representative, as the case may be, are obligated to transfer the Trust Property in their +custody to a new Trustee in accordance with the provisions of the Trust Instrument or +pursuant to a decision from the Competent Court. +5. If the Trustee is a legal person and its capacity expires, the Compete nt Court may decide +that the person appointed by that legal person shall continue as Trustee. +6. If the heirs of the deceased Trustee do not have legal capacity, their legal representative +must implement the obligations stipulated in Clause (3) and Claus e (4) of this Article. +7. In the event of multiple Trustees, and the expiry of the capacity of Trustee for one or +more of the Trustees, the Trustee continuing in his position shall have all the authorities +and powers over the Trust Property, and he must fulfil all obligations until a new Trustee +is appointed. +8. The expiry of the capacity of Trustee for any reason shall not affect the continuation of +the Trust unless the Trust Instrument stipulates otherwise, provided that the new +Trustee, after his app ointment, shall exercise all the authorities and powers of the former +Trustee by force of law without the need for any action, excuse or notification. +Federal Decree by Law No. (31) of 2023 On Concerning Trust 17 + 9. The new Trustee must take the necessary measures to obligate any former trustee to +return and deliver the Trust Property, unless the Trust Instrument stipulates otherwise. +The new Trustee must demand compensation from the former Trustee for any damage +resu lting from any breach he caused during the period of his term, or in accordance with +the provisions of this Law by Decree. + +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (20) +Trustee Fees and Trust Management Expenses +1. The Trustee is entitled to fees for carrying out the tasks specified in the Trust Instrument, in accordance with the provisions stipulated in the Trust Instrument. +2. The Trust Instrument must specify the person who has the right to determine the Trustee's fees or to modify them by increase or decrease at any time after the creation of +the Trust. In the event that the Trust Instrument does not specify the Trustee's fees or a +mechanism for determining them, the fees may be determined or modified with the written consent of all Beneficiaries, or in the absence of such consent, by virtue of a +decision issued by the Competent Court at the request of any interested party. +3. It is permissible to stipulate in the Trust Instrument that the Trustee's fees are determined on the basis of a percentage of what the Trust benefits achieve during the +year, after deducting all expenses and fees, or in accordance with any other mechanism +specified in the Trust Instrument. +4. It is permissible to stipulate in the Trust Instrument that the Trustee has the right to recover the reasonable expenses he incurs due to the management of the Trust directly +from the Trust Property. If the Trust Ins trument does not stipulate that, the Trustee may +submit a request to the Competent Court to issue a decision to dispose of the Trust +Property to obtain compensation for those expenses. + +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (21) +Authorities and Powers of Trustee +1. The Tr ustee shall have all authorities and powers over the Trust Property, and he may +manage, use and dispose of it in all types of dispositions, and he may open bank +Federal Decree by Law No. (31) of 2023 On Concerning Trust 18 + accounts in the name of the Trust, unless this right is restricted by the Trust Instrument +or the provisions of this Law by Decree. +2. If the Trust Instrument includes a provision restricting the Trustee from disposing of the Trust Property, the Competent Court may, in the event of the death of the Settlor and the Trust Protector or their loss of legal capacity, at the request of the Trustee or the +Beneficiary, grant the Trustee the authority to dispose of the Trust Property, and in this +case this is required to be linked to the extent that achieves the purpose of the Trust. +3. It is permissible to expressly stipulate in the Trust Instrument that the Trustee is granted +discretionary authority regarding determining each Beneficiary's share of the dividends resulting from the Trust Property and the manner and time of its distribution. +4. If the im plementation of any of the terms of the Trust Instrument or any of the +provisions of this Law by Decree requires amending the authorities and powers of the +Trustee, the Trustee may, in the event of the death or loss of legal capacity of the Settlor +and Tru st Protector, submit a request to the Competent Court to issue a decision, and the +Competent Court may issue the decision that achieves the purpose of the Trust. +5. In the event that a legal person is appointed as Trustee, the decisions related to the management of the Trust shall be taken in accordance with the Trust Instrument. If the +Trust Instrument does not specify who has the authority to make such decisions, such decisions shall be taken by the authority competent to manage the legal person, such as the board of directors or its equivalent, as determined by its articles of association or the +applicable laws. + +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (22) +Delegation of Trustee's Authorities and Powers +1. The Trustee may not authorise another person to carry out any of his duties, whether +that person is also a Trustee or another party, except in any of the following cases: +a. If the Trust Instrument stipulates that. +b. If all Beneficiaries consent to that and the Trust Instrument allows them the same. +c. If the authorisation is necessary to enable the Trustee to perform his duties. +d. If the Competent Court approves the authorisation. +Federal Decree by Law No. (31) of 2023 On Concerning Trust 19 + e. If one of the Trustees is temporarily unable to exercise his duties due to an +emergency, he may authorise one of the other Trustees to carry out those duties. +f. If the Trustee is a Professional Legal Person and has a board of directors or something similar, and he authorises any person to carry out the duties of the Trustee; in which case, the Trustee and its board of directors shall be jointly +responsible for any breach of the Trust Instrument by the authorised person. +2. The Trustee may not authorise another person to perform any tasks beyond those +assigned thereto by virtue of the Trust Instrument or the provisions of this Law by +Decree. +3. The scope and conditions of the authorisation must be determined in accordance with +achieving the interests, purposes and conditions of the Trust, and the person authorised +by the Trustee must fulfil the specific and required obligations and exercise the +authorities and powers of the Trustee in a manner that achieves the purpose of the Trust. +4. If the Trust In strument allows the Trustee to authorise any person on his behalf without +specifying the authorised person, the Trustee shall only be liable personally for his error +in choosing or his error in the instructions he issued to this authorised person. +5. The provisions stipulated in this Law by Decree relating to the responsibility of the +Trustee for his actions shall apply to the person authorised in accordance with this +Article. +6. If the Trustee authorises others to carry out some of his duties in violation of the terms of +the Trust Instrument, he shall be responsible for the work of the authorised person as if +this work had been issued by him personally; and in this case, the Trust ee and the +authorised person shall be jointly responsible for the duties of the Trustee. + +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (23) +Obligations of the Trustee +The Trustee shall: +1. Cooperate with the Settlor with regard to transferring authorities and powers over the Trust Property t o him, taking into account the period specified in Clause (1) of Article +(11) of this Law by Decree. +Federal Decree by Law No. (31) of 2023 On Concerning Trust 20 + 2. Perform his obligations and exercise his authorities and powers in accordance with the +terms of the Trust Instrument and the provisions of this Law by Decree. +3. Exercise due diligence in exercising his authorities, powers and duties, preserve the Trust Property and their value, and dispose thereof in accordance with the terms of the Trust Instrument and the provisions of this Law by Decree. +4. Exercise his duties to achieve the purpose of the Trust, and he must preserve, develop +and dispose of the Trust Property in a way that benefits the purpose of the Trust. +5. Carry out all procedures and take all reasonable legal and physical measures to c ontrol +investment operations, preserve and protect the Trust Property, and protect any rights +related thereto. For this purpose, the Trustee may appoint any advisors, experts, +technicians, lawyers, financial, economic, and legal advisors and agents as he d eems +appropriate to help him in performing his duties; and he may determine and pay the fees +of each of them, and shall have any other right stipulated in the Trust Instrument in this +regard. +6. Represent the interests of the Trust and any legal requirem ents related to the Trust +before all authorities, including any authority competent to record any transaction involving the Trust Property. +7. Exercise his duties to achieve the purpose of the Trust through preserving, developing and disposing of the Tru st Property in a way that achieves the purpose of the Trust, +subject to what the Trust Instrument. +8. Disclose his capacity as a Trustee, and that the funds that are the subject of his actions are Trust funds when he carries out any contract or transaction related to the Trust. +9. Keep a record of all the Trust Property, and keep the Trust Property independently from +his personal property and any other property that he manages, enabling him to identify +it from his property or any other property. +10. Keep, maintain and disclose books and records in accordance with the provisions of this +Law by Decree. +11. Notify the Settlor or Beneficiaries in the event of the death or loss of legal capacity of the Settlor and the Trust Protector if he becomes aware of the existence of any matter that +would materially affect the value of the Trust Property or its investments. +Federal Decree by Law No. (31) of 2023 On Concerning Trust 21 + 12. Disclose in writing any direct or indirect personal interest that conflicts with the +requirements of his exercise of the duties of the T rustee. Disclosure shall be made +immediately upon his knowledge of such interest to the Settlor, the Trust Protector, the remaining Trustees and the Beneficiaries, and in the event of the death of the creator and Trust Protector or their loss of legal capacity, to the Competent Court; and in this case, +the Trustee must refrain from participating in any decision regarding any action that +might lead to a conflict of interest. In the event of a single Trustee, the Settlor or the Trust +Protector may, in the eve nt of the death of the Settlor or loss of capacity, appoint a +Profession Trustee to carry out transactions affected by conflict of interest, subject to the +provisions stipulated in the Trust Instrument. +13. Answer any inquiry directed thereto by the Set tlor or the Trust Protector in the event of +the death or loss of legal capacity of the Settlor, or the remaining Trustees, if multiple, or +any interested party, regarding the report issued thereby in accordance with the +provisions of article (25) of this L aw by Decree. +14. Perform any other obligations stipulated in this Law by Decree. + +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (24) +Restrictions on Trustee +Without prejudice to the provisions of the Trust Instrument, the Trustee may not: +1. Use the Trust Property for his benefit and personal benefit, or unlawfully achieve +financial gains as a result of carrying out his obligations. +2. Cause or allow others to use, benefit from, or make financial gains from the Trust Property, directly or in directly, in violation of the Trust Instrument. +3. Exploit the powers of the Trustee to harm the interests of the Beneficiaries or the purpose of the Trust. +4. Charge the Trust with any expenses other than the reasonable expenses necessary to +manage the Trust. + + +Federal Decree by Law No. (31) of 2023 On Concerning Trust 22 + " +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (25) +Reporting +The Trust Instrument must stipulate the Trustee's obligation to prepare a report specifying +the data and information that must be included, and the persons to whom the report shall +be submitted, provided that the report indicates the market value of the Trust Property, any +circumstances or facts that would affect this value by increase or decrease, and any matters +or facts that may affect the rights of the Beneficiary or the terms of management or +investment of the Trust Prop erty, as well as an appendix of the costs and expenses paid for +the management of the Trust or the preservation of its property. + +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (26) +Record Keeping and Disclosure +1. The Trustee must keep and maintain paper and electronic accounting books and records +audited by an independent auditor of the Trust, including the following: +a. All transfers of property, debts, acquisitions, disbursements and other transactions +relating to the Trust and Trust Property. +b. Complete and accurate information about the condition and value of Trust Property. +c. The financial status of the Trust periodically, every three (3) months, or according to +the duration of the Trust, whichever is less. +2. The Trustee must maintain the Trust accounts and records separately from the accounts +and records of any other work he carries out. +3. The Trustee is obligated to maintain all accounting records by any means possible for a +period of three (3) years, and if the Trustee is a legal person, this period shall be ten (10) years starting as of the year in which the Trust expires or is terminated . +4. It is permissible to stipulate in the Trust Instrument that the Trustee is obligated to +appoint an external auditor for the Trust. In the absence of such a provision in the Trust +Instrument, the Competent Court may appoint an external auditor for th e Trust if that +achieves the purpose of the Trust, and the Competent Court may determine the necessary expenses for that. +5. The Trustee is obligated to keep a record that includes the following information: +Federal Decree by Law No. (31) of 2023 On Concerning Trust 23 + a. The full name, address, and nationality o f the Trustee, Settlor, Beneficiary, and Trust +Protector. +b. The date on which the Trustee is appointed, the date he stops working, and any +conditions or restrictions on the authorities and powers of the Trustee. +c. A copy of the Trust Instrument provided by the Settlor. +d. A copy of the Trust Validity Certificate and registration certificate provided by the +Settlor. +6. Unless the Trust Instrument stipulates otherwise, any interested party may request access to the Trust accounts, and the Trustee must provide them with an annual audited +account of the Trust Property within three (3) months as of the beginning of the fiscal +year following the date of the creation of the Trust, unless the Trust Instrument or +subsequent agreement stipulates or the nature of dealing in Trust Property requires +otherwise. +7. Unless the Trust Instrument stipulates otherwise, the Trustee may not disclose the +reason for making any of his decisions under his authorities and powers, or the +implementation of a duty assigned thereto, or the method of exercising those authorities +and powers except to the Settlor, the Trust Protector, or to the remainin g of the Trustees, +if multiple. + +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (27) +Independence of Trustee +The Trustee shall exercise his authorities and powers specified in the Trust Instrument and +the provisions of this Law by Decree without interference or direction from the Settlor, +unless the Trust Instrument stipulates otherwise. + +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (28) + Responsibilit y of Trustee +1. The Trustee shall bear responsibility for any loss or destruction of the value of the Trust +Property as a result of his breach of the terms of the Trust Instrument, or due to his +intentional error, or as a result of his gross negligence in managing the Trust. If more +Federal Decree by Law No. (31) of 2023 On Concerning Trust 24 + than one Trustee participates in breaching the Trust, the responsibility shall be joint +among them. +2. If the Trustee disposes of the Trust Property in a manner that conflicts with the requirements of good faith and the disposee is aware of that, the disposition shall be null, and the two parties must restore the situation to what it was be fore the disposition +was made if that is possible. +3. If the Trust Instrument stipulates the sale of any part of the Trust Property within a certain period, and the Trustee extends that period for a reason he deems in the interest +of the Beneficiary, the burden of the Trustee falls on the Trustee to prove that extending +the term was in the interest of the Beneficiary; otherwise, he must compensate to the +extent of the decrease in the value of the sale or damage incurred by the Beneficiary. +4. The Truste e shall be liable for any damage to the Trust caused thereby as a result of +fraud, bad faith or grave negligence. +5. If the Trust Property are damaged for any of the reasons stipulated in Clause (1) of this +Article, the Trustee is obligated to compensate . +6. The Competent Court may compensate the Trustee from the Trust Property for any damages incurred thereby as a result of his work as Trustee. +7. The Professional Legal Person, if it is appointed as a Trustee or any person, board, director, or board of directors representing it, shall bear the full responsibility and obligations of the appointed Professional Trustee by virtue of this Law by Decree. +8. Lawsuits shall be filed by or against the Trust in the name of the Trust and the Trustee in +its capacity as Trustee. +9. The Trustee shall represent the Trust before the courts, government agencies, and third parties. In the event that a Professional Legal Person is appointed as Trustee, and this +person has a board of directors or something similar, the board or someone authorised +by the board shall represent the Trust before courts, government agencies, or third +parties. + + + +Federal Decree by Law No. (31) of 2023 On Concerning Trust 25 + " +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (29) +Cases of Non -Res ponsibility of Trustee +1. Any provision of the Trust that exempts the Trustee in whole or in part from personal +responsibility resulting from fraud, bad faith, grave negligence, or wilful error shall be +void. +2. Without prejudice to any of the provisions of this Law by Decree, the Trustee shall not be held responsible for any breach of his duties towards the Trust in any of the following +cases: +a. If the breach has occurred by any other person before the Trustee was appointed as +Trustee. +b. If the breach is caused by another Trustee in the event of multiple Trustees, unless +the primary Trustee concerned has contributed to the breach, or has known of the +occurrence of the breach by the other Trustee and has not taken legal measures to stop the breach in a timely manner. +c. If he acts in good faith, honestly, and reasonably in accordance with the Trust +Instrument and the provisions of this Law by D ecree. +d. If the Trust Instrument stipulates that the Trustee is exempted from liability or compensation as a result of breach of the Trust; however, the previous exemption +condition shall not be taken into account if the breach attributed to the Trustee +involves fraud, bad faith, grave, or wilful error. +e. Any other cases stipulated in the Trust Instrument or any of the legislation in force in +the State. + +Chapter Five +Beneficiary +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (30) + Determining the Beneficiary +1. The Beneficiary of the Trust must be identified either through his name or capacity, or by reference to his current or future kinship with the Settlor, or by stipulating in the Trust +Federal Decree by Law No. (31) of 2023 On Concerning Trust 26 + Instrument the mechanism for identifying the Beneficiary of the Trust. +2. If the Beneficiary is a natural person, he must be identified by name, or by affiliation to a +group or legal person, the class, degree of kinship, or by his connection to a specific +person, whether that person was alive when the Trust was created or not , or by his +connection to a class with certain characteristics that may be determined in the future. +3. It is permissible to stipulate in the Trust Instrument a specification of different shares for the Beneficiaries of the Trust benefits. +4. It is per missible to stipulate in the Trust Instrument specific conditions to the +Beneficiary's entitlement to or exclusion thereof from obtaining the Trust Dividends, whether temporarily or permanently. +5. The Beneficiary may not claim the Trustee for any of his rights to the Trust Property that +have not been added to the Trust Property. +6. If the Trust Instrument does not determine the Beneficiary or the mechanism for determining the Beneficiary, the Trust shall be void. +7. The Settlor or Trustee may be a Beneficiary. + +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (31) +The Beneficiary's Right to Trust Dividends +1. The Beneficiary shall have the right to receive the Trust Dividends, and he has the right to demand that the Trustee fulfil the obligations stipulated in the Trust Instrument and +the provisions of this Law by Decree and to preserve the rights of the Beneficiary related +to the Trust Property with any person, whether that person knows or is supposed to +know about the Trust. +2. If the Trust Instrument specifies the rights of the Beneficiaries without specifying the share of each of them, the Dividends of the Trust will be divided equally among them, +taking into account any restrictions contained therein in the Trust Instrument and the +provisions of this Law by Decree. +3. The Beneficiary's share of the Dividends of the Trust after he has been entitled theret o +and after it has been paid it thereto is considered part of his financial liability, taking into account any restrictions in this regard in the Trust Instrument and the provisions of this +Federal Decree by Law No. (31) of 2023 On Concerning Trust 27 + Law by Decree. +4. If there are multiple or successive Beneficiar ies and one of them has the right to use or +exploit any part of the Trust Property in accordance with the terms of the Trust +Instrument, his use or exploitation thereof must be in a way that does not result in the destruction of the Trust Property or causing a permanent defect thereto, and if it +becomes clear to the Trustee that the Beneficiary does not comply with that, he must +take the necessary measures to prevent this from occurring or from continuing to occur. +5. It is permissible to stipulate in the Trust Instrument to deprive the Beneficiary of his +share of the Dividends of the Trust or to suspend it for a limited period, or until a certain +event occurs, if the Beneficiary becomes insolvent or bankrupt or his pro perty is subject +to precautionary attachment for the benefit of his creditors, taking into account any restrictions in this regard in the Trust Instrument and the provisions of this Law by +Decree. +6. It is permissible to stipulate in the Trust Instrument that Beneficiary's share of the +Dividends of the Trust may be collected and delivered to him after a certain period or +after a certain event occurs. If the Trust Instrument does not stipulate the foregoing, the +Trustee may request the Competent Court to a llow the collection of the Beneficiary's +share if that achieves the purpose of the Trust. +7. The right to benefit from and collect the Dividends of the Trust may be related to a legitimate, specific and realisable event or cause stipulated in the Trust I nstrument. + +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (32) +The Beneficiary Assignment of His Right to the Dividends of the Trust +1. The Beneficiary who has reached the age of puberty or the legal representative of the incapacitated Beneficiary may refuse or give up, for the benefit of t he Trust, all or part of +his rights arising by virtue of the Trust Instrument or the provisions of this Law by Decree, even if he has previously received some of them, and the assignment of the right may be for a specific period or a permanent, and it is n ot permissible to retract it if the +Beneficiary completely assigns his right. +2. If the Trust Instrument stipulates a specific period for the Beneficiary to accept the Trust +Federal Decree by Law No. (31) of 2023 On Concerning Trust 28 + made for his benefit and that period passes without accepting it, this is considered a +rejection of the Trust by the Beneficiary who has reached the age of puberty . +3. If the Beneficiary rejects the Dividends accruing to his benefit from the Trust, the property received from the Dividends of the Trust shall return to the Settlor, unless the Trust Instrument stipulates otherwise. +4. The Beneficiary's assignment o f his right to the Dividends of the Trust must be in writing +and submitted to the Settlor or the Trustee in accordance with the terms of the Trust Instrument, and the Competent Authority must be notified. The representative of the +incapacitated Beneficiary may also submit a request to the Competent Court to approve +this Beneficiary's assignment of his right to the Dividends of the Trust. + +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (33) +The Beneficiary's Creditors Rights to Trust Property +Subject to the applicable legislation and the provision s of the Trust Instrument, the rights of +third party creditors of the Beneficiary are limited to the Beneficiary's share of the Trust Dividends in accordance with what is stipulated in the Trust Instrument and do not extend +to any other part of the Trust P roperty or any right against the Settlor, the Trust Protector, or +the Trustee. + +Chapter Six +Trust Protector +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (34) +Appointment of Trust Protector +1. The Settlor may appoint a Trust Protector or stipulate in the Trust Instrument the method of appointing him, specify his powers, and grant him the right to review the performance +of the Trustee and demand that he carries out his duties and prosecute him if the Trustee +does not commit to his duties and perform his duties. It is also permissible to stipulate in +the Trust Instrument that the Trust Protector is granted the power to appoint a Trustee or +add another Trustee, and dismiss the appointed Trustee and appoint a new Trustee to +Federal Decree by Law No. (31) of 2023 On Concerning Trust 29 + replace him, and determine the Trustee's fees or other powers of the Trust Protector. +2. It is permissible to stipulate in the Trust Instrument that the Trustee obtains the approval +of the Trust Protector when exercising any of h is authorities and powers. If the Trust +Instrument stipulates this, the Trustee will not be responsible for any losses resulting +from his exercise of those authorities or powers. +3. The Settlor may be appointed as the Trust Protector, but the Trustee may not be its +Protector. +4. The Trust Protector shall not be considered a Trustee merely by exercising the powers +stipulated in the Trust Instrument or this Law by Decree. +5. The Trust Protector shall be granted fees for providing his services and shall be +compensated for any related expenses incurred while exercising his powers in +accordance with the provisions of the Trust Instrument. If the Trust Instrument does not +specify the value of these fees or compensation, the Trust Protector may request the +Competent Court to determine a fair amount for the fees and expenses incurred thereby. + +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (35) +Trust Protector Restrictions +Subject to the provisions of this Law by Decree and the Trust Instrument, the Trust Protector +is prohibited from doing any of the following: +1. Putting himself in any position that conflicts with the requirements of his duties. +2. Unlawfully benefiting or making financial gains, directly or indirectly, because of his +appointment as Trust Protector. +3. Allowing or causing any other person to be directly or indirectly enriched by the Trust, in +violation of the Trust Instrument. +4. Concluding deals with the Trustee for his own account, or any transac tions related to the +Trust Property that lead to his benefit or the Trustee's benefit, directly or indirectly. + +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (36) +Expiry of Trust Protector's Powers +1. The Trust Protector may resign from his position, pursuant to a written notice submitted +Federal Decree by Law No. (31) of 2023 On Concerning Trust 30 + to the Settlor or to the person who has the right to appoint him in accordance with what +the Trust Instrument specifies. The resignation shall be effective as of the d ate of its +submission, unless the Trust Instrument stipulates otherwise. +2. If the Trust Instrument does not specify the person who has the right to accept the resignation of the Trust Protector and appoint a replacement, the resignation request +shall be submitted to the Competent Court with a copy to the Trustee, and the +Competent Court may accept or reject the resignation according to the circumstances +and interest of the Trust and appoint a new Trust Protector. +3. Subject to the provisions of the Tru st Instrument, the Trust Protector loses his capacity as +a Trust Protector if any of the following occurs: +a. If he is dismissed from his position in accordance with the provisions of the Trust Instrument, and if the Trust Instrument does not stipulate t he conditions for the +dismissal of the Trust Protector, then his dismissal shall be pursuant to a decision issued by the Competent Court at the request of an interested party. +b. If his resignation is accepted. +c. If a condition in the contract that causes him to be dismissed from his position or lose his powers is fulfilled. +d. If he accepts his appointment as Trustee. + +Chapter Seven +Competent Court +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (37) +Authorities of Competent court +1. The Competent Court shall have jurisdiction over matters related to the Trust, as stipulated in this Law by Decree. +2. The Competent Court may, upon the request of any interested party, decide on matters related to the Trust that are not expressly stipulated in this Law by Decree or in the Trust Instrument. + +Federal Decree by Law No. (31) of 2023 On Concerning Trust 31 + Chapter Eight +Withdrawal from, Amendment, Nullification and Termination of the Trust +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (38) +Withdrawal from the Trust and Amendment of the Trust Instrument +1. Subject to the provisions of Clause (2) of this Article, the Settlor or his authorised +representative during his lifetime may withdraw from the Trust in whole or in part, or +amend the Trust Instrument by notifying both the Competent Authority and the Trust ee +of such amendment or withdrawal, provided that the right of the Settlor to withdrawal +or amendment is explicitly stated in the Trust Instrument, and any amendment to the +terms of the Trust Instrument or withdrawal from the Trust does not affect any legitimate +act carried out by the Trustee relating to the Trust before he receives the notification to +amend the Trust Instrument or withdraw from the Trust. +2. It is not permissible to withdraw from the Trust or any part thereof if the Trust is used to guar antee rights entitled to others. + +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (39) +Nullification of Trust +1. The Competent Court may, at the request of any interested party or the Law by Decree enforcement authorities, as the case may be, may nullify the Trust in any of the following +cases: +a. If the Court decides that the creation of the Trust was the result of forgery or was +carried out under the influence of coercion or fault or was carried out by means of +fraud or deception, or based on incorrect data in violation of the Trust Instrumen t +and the provisions of this Law by Decree. Coercion, fault, fraud or deception is +refuted if the Trust Instrument is registered in the Record with the Competent +Authority after the issuance of The Trust Validity Certificate, unless evidence is +presented t o the court proving otherwise. +b. If it is proven that the purpose of the Trust is the evasion of the Settlor from paying debts, taxes, or any other financial obligations that must be paid. +Federal Decree by Law No. (31) of 2023 On Concerning Trust 32 + c. If it is proven that the purpose of the Trust does not comply with the provisions +stipulated in the Trust Instrument, and the Settlor, with the knowledge of the Trustee, +falsely tells the Competent Authority or any other party that the ownership of the +Trust Property has been transferred to the Trust, while in fact the Settlor retains +ownership of this property. +2. In the event that a ruling is issued to nullify the Trust by the Competent Court, the Trust Property shall be transferred to the Settlor or to his heirs in the event of his death, +without prejudice to the rights of bona fide third parties. + +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (40) +End of Trust +1. The Trust shall end in any of the following cases: +a. Withdrawal from the Trust or part thereof by the Settlor or whomever he delegates +this authority thereto during his lifetime if the Trust Instrument stipulates that this is permissible. +b. Expiry of Trust Period. +c. Achieving the purpose of the Trust when necessary. +d. Based on a written request submitted to the Trustee from all current Beneficiaries if +permitted in the Trust Instrument, and provided that the Beneficiaries have the +eligibility of performance and have full right to the Trust Property. +e. If the Settlor or Trustee and Trust Protector (if any) decide that continuation of the +Trust is no longer feasible to achieve the purpose of the Trust and would be +financially burdensome on the Trust Property. +2. The Trust may be terminated by a decision of the Compete nt Court, at the request of any +interested party, in any of the following cases: +a. If the Trust Property is insufficient to cover the costs necessary for the continuation +of the Trust. +b. If there is no Beneficiary or any person deemed to be a Benefic iary of the Trust +according to the terms of the Trust Instrument. + +Federal Decree by Law No. (31) of 2023 On Concerning Trust 33 + " +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (41) +Consequences of End of the Trust +1. When it ends, the Property of the Trust shall be disposed of accordin g to the method of +disposal stipulated in the Trust Instrument. If the Trust Instrument does not specify the +method of disposal, the Trust Property shall be returned to the Settlor if he is alive, or to +his heirs if it ends after his death. +2. The Truste e must request the Competent Court to issue a decision to terminate the Trust +in any of the following cases: +a. If the Trust Instrument does not stipulate the method of distributing the Trust Property. +b. If the Trustee is unable to distribute the Trus t Property according to the terms of the +Trust Instrument due to the absence of a Beneficiary, or if it is not possible to identify +a Beneficiary, or when the purpose of the Trust is achieved. +3. The Trustee must pay all the financial obligations of the Trust before distributing the +Trust Property, and he may keep part of the Trust Property in order to sell it, or obtain +appropriate guarantees, to cover any expenses he bears or may bear in the future related +to the management of the Trust, or to guarantee any present, future, conditional or +unconditional liabilities that may arise from the Trust. +4. If the right of one of the Beneficiaries to the Dividends of the T rust expires, the effects of +the termination apply to that Beneficiary without prejudice to the rights of the remaining +Beneficiaries. + +Chapter Nine +Approval and Registration of Trust +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (42) +Approval of Trust +1. The Trust Instrument shall be approved and registered by the Competent Authority in +the relevant Emirate in accordance with the mechanism issued by the Cabinet, based on +the Minister's proposal, to approve and register the Trust Instrument. +Federal Decree by Law No. (31) of 2023 On Concerning Trust 34 + 2. The Competent Authority shall: +a. Review the structure, terms and conditions of the Trust Instrument presented to it by +the Settlor, before completing the creation process, with the intention of expressing +an opinion on the extent to which it is compatible with the provisions of this Law b y +Decree and does not conflict with the public order in the State. +b. Issue the Trust Validity Certificate after verifying that the Trust Instrument is +compatible with the provisions of this Law by Decree, in preparation for registering +the Trust Instrument and any subsequent amendments thereto in accordance with +article (44 ) of this Law by Decree. +3. The Trust shall be deemed to have been properly created in accordance with the +provisions of this Law by Decree upon the adoption of the Trust Instrument and the +completion of the Initial Registration procedures. + +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (43) +Record +1. Subject to the provisions of Clause (2) of this Article, a record shall be established by a decision of the Competent Authority in each Emirate and maintained by the Competent +Authority in that Emirate. +2. The Cabinet shall issue, based on the Minister's proposal, a decision relating to the +Record specifying the following: +a. Framework of the registration procedures. +b. Data to be included in the Record. +c. Documents that must be issued upon completion of registration procedures. +d. Any other matters related to the establishment and management of the Record. + +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (44) +Registration of Trust Instrument +1. After issuing the Trust Validity Certificate in accordance with Clause (2) of article (42) of +this Law by Decree, the Settlor m ust submit a request to the Competent Authority to +register the Trust Instrument in the Record, and provide all the information necessary for +Federal Decree by Law No. (31) of 2023 On Concerning Trust 35 + this registration and requested by the Competent Authority. +2. The effects of the Trust Instrument shall take ef fect in accordance with the provisions of +this Law by Decree as soon as the Initial Registration is completed, and any amendment +to the Trust Instrument shall have its effects in accordance with the provisions of this Law by Decree once the procedures for registering that amendment in the Record are +completed. +3. The Competent Authority shall complete the Initial Registration after receiving and reviewing the following: +a. The Trust Validity Certificate issued by the Competent Authority in accordance with article (42) of this Law by Decree. +b. The Settlor signing the Trust Instrument before the Competent Authority. +4. The Competent Authority shall issue a registration ce rtificate stating that the Trust +Instrument has been registered in the Record. This registration certificate and the registered Trust Instrument shall be considered an official document in accordance with the provisions of the local and federal legislation in force in the State and shall be +evidence of proof unless it is proven that either of them has been forged by the legally prescribed methods. +5. The provisions of Clause (3) of this Article apply to amendments to the Trust Instrument. + +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (45) +Reg istration of Trust Property +1. Any transactions occurring on Trust Property in the name of the Trust shall be entered in +the official records of this property in accordance with the federal or local legislation in +force in the State. +2. Subject to the terms of the Trust Instrument, the Trustee shall have all authorities and +powers over the Trust Property, including, but not limited to, the following: +a. Any power to transfer ownership of Trust Property according to the Trust Instrument. +b. The authority to sign documents relating to Trust Property, without the need for the +consent of the Settlor or Beneficiary. + +Federal Decree by Law No. (31) of 2023 On Concerning Trust 36 + " +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (46) +Accessing the Record and Obtaining a Certified Certificate thereof +1. Subject to the relevant provisions of the Trust Instrument, the Settlor, the Trustee, and +the Trust Protector, as the case may be, have the right to view the Record related to the +Trust and obtain from the Competent Authority a certified certificate of the data or +information recorded in the Reco rd. +2. It is not permissible to disclose any data or information entered in the Record in cases +other than those stipulated in Clause (1) of this Article, unless this is in implementation +of an order issued by the Competent Court and in a manner that doe s not conflict with +the provisions of the Trust Instrument. + +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (47) +Confidentiality +1. The Trustee is prohibited from disclosing to any person any data, information or +documents related to the Trust or its accounts except in any of the following cases: +a. If the disclosure is within the limits stipulated in the Trust Instrument or this Law by +Decree. +b. If the nature of the transactions related to the Trust requires disclosure. +c. Based on an order issued by the Competent Court. +2. The Trust Instrument may stipulate conditions and controls that specify the scope of the +Beneficiaries o r the Trust holder's access to specific details in the Trust Instrument, +including details related to the method of distributing the benefits of the Trust to the +Beneficiaries, and the controls for the Trustee to make his decisions. + +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (48) +Respect of the Trust +1. The Trust is deemed to have been created pursuant to the Trust Instrument immediately +upon completion of the Initial Registration. +2. A Trust created in one of the Emirates of the State shall be respected by all other +Federal Decree by Law No. (31) of 2023 On Concerning Trust 37 + emirates, regardless of where the Trust Property are located. + +Chapter Ten +Penalties +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (49) +Applying the severer penalty +The penalties stipulated in this Law by Decree sh all not prejudice any severer penalty +stipulated by any other law. + +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (50) +Penalty for Harming the Trust or Settlor and Violating Certain Provisions of +this Law by Decree +Without prejudice to civil liability, a penalty of imprisonment and/or a fine no t exceeding +one million (1,000,000) AED shall be imposed on anyone who causes damage to the Trust, +the Settlor, or any Beneficiary as a result of wilfully violating the provisions of clauses (2) +and (4) of article (19), Clause (1) of article (22), Clauses (1) and (12) of article (23), article (24), Clauses (1), (2), (3), and (6) of article (26), article (35), or Clause (1) of article (47), of +this Law by Decree. + +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (51) +Penalty for Impersonating the Trustee +Without prejudice to civil liability, a penalty of imprisonment and/or a fine not exceeding +five thousand (500,000) AED shall be imposed on anyone who acts without a capacity or +presents himself as a Trustee and exercises his powers in this capacity, and h e shall be liable +for the acts he committed while impersonating the Trustee. + + + + +Federal Decree by Law No. (31) of 2023 On Concerning Trust 38 + Chapter Eleven +Supplementary and Final Provisions +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (52) +Non -Hearing of the Lawsuit +1. The lawsuit filed by any interested party against the Trustee regarding the Trustee's +breach of his obligations against that Beneficiary shall not be heard after three (3) years +have passed as of the date of his receipt of the Trust's external auditor's report or as of +the date on which he learned of the breach of the Trust, whichever is earlier. +2. In cases where the Beneficiary is a minor, the calculation of the period referred to in +Clause (1) of this Article starts as of the date on which the minor reaches the age of +puberty. +3. The lawsuit of the Trustee against another Trustee, in th e event of multiple Trustees, or +against any former Trustee, for breach of the Trust shall not be heard after three (3) years +have passed as of the date of expiration of his appointment as Trustee in accordance +with the provisions of this Law by Decree. +4. No other lawsuit against the Trustee for any breach of the Trust shall be heard after +fifteen (15) years have passed as of the date of breach of the Trust. +5. As an exception to the provisions of the Clauses of this Article, the expiry of the periods specified in this Article shall not prevent the Competent Court from: +a. Hearing the lawsuit case of fraud or deception against the Trustee, if the fraud is +commi tted by him or by a third party and the Trustee is aware of it when the +disposition has been made or if he must have inevitably known about it. +b. Hearing the lawsuit to recover the Trust Property that he transferred to himself or to +others in violation of the terms of the Trust Instrument or the provisions of this Law +by Decree. + +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (53) +Resolutions Necessary to Implement the Provisions of this Resolution. +The Cabinet shall, upon the presentation of the Minister, issue the Resolutions necessary to +Federal Decree by Law No. (31) of 2023 On Concerning Trust 39 + implement the provisions of this Resolution. + +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (54) +Repeals +1. Federal Decree by Law No. (19) of 2020 Concerning Trust shall be repealed, and the +resolutions issued in implementation thereof shall continue to be in force to the extent +that they do not conflict with the provisions of this Law by Decree, until resolutions that +replace them are issued in accordance with the provisions of this Law by Decree. +2. Any provision that violates or contrad icts the provisions of this Law by Decree shall be +repealed. + +" +finance and banking,Federal Decree by Law No (31) of 2023 Concerning Trust,"Article (55) +Publication and Entry Into Force of Law by Decree +This Law by Decree shall be published in the Official Gazette and shall enter into force as of +the day following the date of its publication. + + + + + +Mohammed Bin Zayed Al Nahyan +President of the United Arab Emirates + +Issued by us at the Palace of the Presidency in Abu Dhabi on: +25 September 2023 AD . +Corresponding to: 10 Rabi' I 1445 A.H. + + " +"labour, residency and leberal professions",Cabinet Resolution No. (97) of 2022 Concerning Mechanisms and Controls for Implementing the Unemployment Insurance Scheme,"Article (1) +Definitions +The definitions listed in the Federal Decree -Law No. (13) of 2022 , referred to herein +above , shall apply to this resolution. In addition, the following words and expressions +shall bear the meaning ascribed thereto , unless the context requires otherwise. +Basic +Insurance +Package +: The package that grants compensation to the insured at (60%) +of the contribution salary as described in this resolution, +without any additional benefits. Cabinet Resolution of 20 22 Concerning the Mechanisms and Controls of Implementing the +Unemployment Insurance Scheme 2 + Subscription +Salary : The basic monthly wage of the worker or the monthly basic +salary of the employee, based on which the insurance premium +and the compensation sum are calculated. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (97) of 2022 Concerning Mechanisms and Controls for Implementing the Unemployment Insurance Scheme,"Article (2) +Insurance Scheme 's Scope of Application +All workers/employees of the Federal Government and Private Sectors shall subscribe +to the Unemployment Insurance Scheme through purchasing an insurance policy +whereby the insured insures himself in the event of termination of his service in +accordance with the relevant cases of eligibility , with the e xception of the following +categories: +1. Investor ( The person owning and working at the establishment); +2. Domestic Workers ; +3. Temporary contract workers; +4. Juveniles under the age of (18) eighteen; +5. Citizens who have fulfilled the conditions for superannuation , or the retirees who +receive a retirement pension and have joined a new job . + +" +"labour, residency and leberal professions",Cabinet Resolution No. (97) of 2022 Concerning Mechanisms and Controls for Implementing the Unemployment Insurance Scheme,"Article (3) +Insurance Packages +Without prejudice to the legislation and procedures applicable by the Central Bank, it +is necessary to obtain the Ministry’s prior approval for the insurance packages offered +by the service provider in accordance with Federal Decree -Law No. (13) of 2022 +referred to hereinabove . + +" +"labour, residency and leberal professions",Cabinet Resolution No. (97) of 2022 Concerning Mechanisms and Controls for Implementing the Unemployment Insurance Scheme,"Article (4) +Service Provider Requirement s +In order for the service provider to obtain the approval of the Ministry for providing +unemployment insurance se rvice s, the service provider shall be required to : +1. Be an insurer licensed by the Central Bank; Cabinet Resolution of 20 22 Concerning the Mechanisms and Controls of Implementing the +Unemployment Insurance Scheme 3 + 2. Have a rating of not less than the minimum rating specified in the table below, or +an equivalent rating from other international rating agencies recognized by the +Central Bank, in accordance with the latest rating issued by the accrediting body. +Standard and +Poor Moody's AM Best Fitch Rating +BBB Baa B+ BBB +3. Be financially solvent according to the Central Bank's requirements ; +4. Have a governance structure that satisfies the requirements of the Central Bank; +5. Provide a proof that it is providing a high -quality and efficient service; and +6. Provide a proof that it has the systems , mechanisms and digital channels required +for providing the service to those insured on the Scheme . + +" +"labour, residency and leberal professions",Cabinet Resolution No. (97) of 2022 Concerning Mechanisms and Controls for Implementing the Unemployment Insurance Scheme,"Article (5) +Service Providers Obligations +The service provider shall conclude with the Ministry an unemployment Insurance +Service Agreement that sets out the following details : +1. The service provider's obligations vis-à-vis the insured; +2. The governance mechanisms for collecting the required insurance premiums; +3. The mechanisms for compensating the eligible insured persons; +4. Maintaining data confidentiality; +5. Standards and levels of service required from the service provider; and +6. Any other obligations defined by the Ministry. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (97) of 2022 Concerning Mechanisms and Controls for Implementing the Unemployment Insurance Scheme,"Article (6) +Insurance Premium Collection Mechanism +1. The service provider shall issue the insurance policy of the insured for a period of +not less than (12) twelve months . +2. Subscription shall be done, and insurance premiums shall be collected in +accordance with the mechanism to be established by a resolution of the Minister. +3. The insured may select the mechanism and the periodicity deemed appropriate for +the payment of the ins urance premiums specified in the approved insurance policy +and according to the mechanisms specified by the Minister. Cabinet Resolution of 20 22 Concerning the Mechanisms and Controls of Implementing the +Unemployment Insurance Scheme 4 + " +"labour, residency and leberal professions",Cabinet Resolution No. (97) of 2022 Concerning Mechanisms and Controls for Implementing the Unemployment Insurance Scheme,"Article (7) +Subscription Values +1. The insured shall pay the value of the basic insurance package premium in +accordance with the subscription salary value as follows: +a. The first insurance category: up to (AED 5) (five dirhams) per month, if the +subscription salary is (AED 16,000) (sixteen thousand dirhams) or less; and +b. The second insurance category: up to (AED 10) (ten dirhams) per month, if the +subscription salary exceeds (AED 16,000) (sixteen thousand dirhams). +2. The Cabinet may, based on the proposal of the Minister, amend the value of +subscription and the prescribed compensation values, and introduce new +categories. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (97) of 2022 Concerning Mechanisms and Controls for Implementing the Unemployment Insurance Scheme,"Article (8) +Security for Insurance Premiums Payment +1. Should the worker /employee fail to subscribe to the unemployment insurance +scheme , or should the insured fail to pay the prescribed insurance premium for (3) +three months from the due date of the underlying premium , [he] shall not benefit +from the Scheme , and, in which case, [he] shall subscribe or re -subscribe by +purchasing a new insurance policy the becomes effective as of the date of +purchase . In addition, [he] shall pay all the amounts due plus a fine to be collected +by the Ministry in the amount of (AED 400) four hundred dirhams in case of the +worker 's/employee's failure to subscribe to the Scheme , and (AED 200) two +hundred dirhams in the event of the insured's failure to pay the prescribed +insurance premiums for more than (3) three months. These amounts shall be +collected as follows: +a. By way of deduction from the insured's account designated for receiving his +wage as shown the Wages Protection System or any other alternative systems ; +or +b. By way of deduction from end of service gratuity or any other alternative +schemes . +2. The Minister shall s et the time frames for the registration of the insured and his +subscription to the Scheme , in addition to the controls and p rocedures required to Cabinet Resolution of 20 22 Concerning the Mechanisms and Controls of Implementing the +Unemployment Insurance Scheme 5 + ensure his commitm ent to the payment of the premiums and fines related to the +insurance policies and may allow the insured to pay the amount in installments or +exempt him from the fines referred to in this article. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (97) of 2022 Concerning Mechanisms and Controls for Implementing the Unemployment Insurance Scheme,"Article (9) +Conditions for Benefiting from Insurance Coverage +Without prejudice to article (5) of Federal Decree Law No. (13) of 2022 referred to +hereinabove , the insured shall be entitled to benefit from the insurance coverage if the +following conditions are met: +1. That term of the contribution of the insured is not less than (12) consecutive +months in the unemployment insurance scheme; +2. That the insured has paid all the insurance premiums in accordance with the +periodicity he has determined; +3. That the insured has provided evidence to that he is unemployed for any reason +other than his resignation. +4. That the insured has not been dismissed from work for disciplinary reasons under +the provisions of the applicable legislation regulating labor relation in the Private +Sector and Human Resou rces in the Federal Government. +5. That the claim is submitted within (30) thirty days from the date of the termination +of employment relation ship or the determination of the labor claim referred to the +court; +6. That no pending complaint for absence from work has been filed against the +insured; +7. That the claim for compensation is not based on cheating or fraud and that the +establishment i n which he wor ks is not a fictitious one ; +8. The loss of work is not the result of non -peaceful labor disturbances or +interruptions, whether they resulted in damage or not; +9. That the insured is residing in the State legally + + + + Cabinet Resolution of 20 22 Concerning the Mechanisms and Controls of Implementing the +Unemployment Insurance Scheme 6 + " +"labour, residency and leberal professions",Cabinet Resolution No. (97) of 2022 Concerning Mechanisms and Controls for Implementing the Unemployment Insurance Scheme,"Article (10) +Compensation Value +1. The compensation shall be paid on monthly basis at (60%) of the subscription +salary for up to (3) three months for each claim from the start date of +unemployment , so that the value of compensation does not exceed (AED 10,000) +ten thousand dirhams for the first category and (AED 20,000) twenty thousand for +the second category. +2. The maximum period for benefiting from the compensation within the term of +service of the insured within the labor market in the State shall not exceed (12) +twelve months. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (97) of 2022 Concerning Mechanisms and Controls for Implementing the Unemployment Insurance Scheme,"Article (11) +Additional Benefits +The insured may subscribe to additional benefit s of the basic package through +coordination with the service provider. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (97) of 2022 Concerning Mechanisms and Controls for Implementing the Unemployment Insurance Scheme,"Article (12) +Compensation Claim Mechanism +The insured shall submit the claim to the service provider within (30) thirty days from +the termination date of employment relation ship, by filing an application to benefit +from unemployment insurance scheme in accordance with the mechanism specified +under a resolution of the Minister and accompanied by the documents evidencing the +insured's eligibility for compensation. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (97) of 2022 Concerning Mechanisms and Controls for Implementing the Unemployment Insurance Scheme,"Article (13) +Obtaining Compensation from the Service Provider +In case the insured is eligible for compensation, the service provider shall pay the +compensation not later than two weeks from the date of receiving the claim that is +compatible with the established standards and the eligibility conditions. In addition, +the service provider shall transfer t he compensation amount to the account of the +insured in accordance with the method prescribed by the insured. The insurance Cabinet Resolution of 20 22 Concerning the Mechanisms and Controls of Implementing the +Unemployment Insurance Scheme 7 + coverage shall be paid under this scheme in addition to any other insurance coverage +by virtue of other insurance policies held by t he insured. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (97) of 2022 Concerning Mechanisms and Controls for Implementing the Unemployment Insurance Scheme,"Article (14) +Unemployment Insurance Scheme Governance Procedures +1. The service provider shall process the insurance claims in accordance with the +controls and conditions set out in the insurance policy and the legislation of the +Central Bank in force. The 1 Ministry shall notify the Central Bank should the +service provider violate the conditions and controls of the insu rance policy, so that +the disputes arising from the policy shall be settled in accordance with the +mechanism established by the Central Bank . +2. The Ministry shall perform the periodic review of the Basic Agreement, the +annexes of the Basic Agreement, the value of the insurance premiums and the +channels to access to the service , and in line with this, it shall do the measures +required to ensure the optimal implementation of this resolution. +3. The service provider shall provide the technical reports related to unemployment +insurance service, update the Ministry on the movement of the premium accounts +and deliver the amounts due to the insured on a monthly basis. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (97) of 2022 Concerning Mechanisms and Controls for Implementing the Unemployment Insurance Scheme,"Article (15) +General Provisions +1. If it is established that the insured has provided incorrect data on the subscription +salary, his contractual relation with his employer or the circumstance surrounding +the termination of his service, the service provider shall be entitled to recover the +full compensation amount disbursed to the insured, without prejudice to any +penalties imposed on the insured under the legislation applicable in the State. +2. If the employer's collusion with the employee to obtain the benefits of +unemployment insurance is es tablished, without prejudice to carrying out the +necessary measures to impose the penalties stipulated in the laws and resolutions +in force in the State, an administrative fine shall be imposed on the establishment +by the Ministry in the amount of (AED 20, 000) twenty thousand dirhams per case. Cabinet Resolution of 20 22 Concerning the Mechanisms and Controls of Implementing the +Unemployment Insurance Scheme 8 + 3. The courts of the United Arab Emirates shall have exclusive jurisdiction to hear and +adjudicate on any dispute arising from the implementation of the unemployment +scheme , which shall be subject to the laws and legisl ation in force in the United +Arab Emirates. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (97) of 2022 Concerning Mechanisms and Controls for Implementing the Unemployment Insurance Scheme,"Article (16) +Federal Gov ernme nt Employees +The Federal Authority for Government Human Resources shall, in coordination with +the Ministry of Finance, implement the provisions of this resolution as regards the +employees of the Federal Government. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (97) of 2022 Concerning Mechanisms and Controls for Implementing the Unemployment Insurance Scheme,"Article (17) +Subscription to the Scheme +1. The persons governed by the provisions of Federal -Law No. (13) of 2022 referred +to herein above shall subscribe to the Unemployment Insurance Scheme within a +4-month period from the date of entry into force hereof. +2. The Minister of Human Resou rces and Emiratization is hereby autho rized to +extend the time limit referred to in Paragraph (1) of this article in accordance with +the requirement for regulating the labor market . + +" +"labour, residency and leberal professions",Cabinet Resolution No. (97) of 2022 Concerning Mechanisms and Controls for Implementing the Unemployment Insurance Scheme,"Article (18) +Publication and Entry into Force +This Resolution shall be published in the official gazette and shall enter into force as +of the day following the date of its Publication . + +Mohammed bin Rashid Al Maktoum +Prime Minister + +Issued by us: +On: 18 Rabi ' Al Awwal 1444 A H +Corresponding to : 14 October 2022 AD " +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (1) +Definitions +In applying the provisions of this Decree -Law, the following words and expressions shall +have the meanings assigned to each of them, unless the context stipulates otherwise: +State : United Arab Emirates. +Ministry : Ministry of Economy . +Minister : Minister of Economy . +Authority : Securities and Commodities Authority . +Competent +Authority : The concerned local authority in each Emirate . +Profession : Auditing and Accounting Professions. +Chartered +Accountant : The natural person duly licensed pursuant to the provisions of this Decree- Law to practice the profession and p +rovide the +professional services stipulated in article (4) of this Decree -Law. +Licensing Office : An establishment duly licensed to practice the profession in +Federal Decree by Law of 2023 on Regulating the Auditing and Accounting Professions 2 + accordance with the provisions stipulated herein. +Final License : A certificate granted by the Ministry to a natural or legal person +meeting the licensing conditions stipulated in this Decree -Law or +its executive regulations, licensing them to practice the profession +within the State. +Economic License : A license grante d by the competent authority for economic +licensing, authorizing the accounting firm to engage in the +licensed activity within the Emirate. +Profession +Standards : Professional standards adopted by the Ministry for practicing the profession. +Other Confirm ation +Services : Services a chartered accountant or accounting firm is licensed to perform concerning financial statements, aiming to provide +guarantees to external parties regarding financial information +or to verify compliance with accounting standards, financial +rules, and internal controls of economic establishments. These +services include, but not limited to, internal audit services and +advisory reports related to financial monitoring, reliability of +electronic information systems, financial risk assessment, and +other services falling within the ambit of professional standards approved by the Ministry. +Professional Compliance Committee : +The committee formed pursuant to article (22) of this +Decree- Law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (2) +Decree -Law Objectives +This Decree -Law aims to: +1. Regulate the accounting and auditing profession and practise thereof within the State; +2. Enhance the efficiency of services and tasks associated with the profession, fostering increased confidence among the business community and investors investing therein; and +Federal Decree by Law of 2023 on Regulating the Auditing and Accounting Professions 3 + 3. Govern the accountability mechanisms for professionals in the event they are +substantiated to have engaged in or contributed to practices harmful to the business +community. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (3) + Scope of Application +1. The provisions of this Decree -Law shall apply to the following: +a. Chartered accountants and accounting firms practising the profession within the +State; and +b. Chartered accountants and accounting firms in free zones who wish to practice the profession outside the free zones within the State. +2. The provisions set forth in this Decree -Law shall not apply to government audit tasks +conducted by government oversight and accounting bodies, including their employees, +when exercising powers thereof over government agencies, companies, and institutions +subject to the oversight of those bodies in accordance with their respective est ablishment +laws. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (4) +Scope of Profession +The scope of the profession includes auditing and reviewing financial statements, as well as +other confirmation services and services related to the associated financial statements, all of +which adhere to the standards endorsed by the Ministry. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (5) +Competences of the Ministry +For the purposes of implementing the provisions of this Decree -Law, the Ministry shall +undertake the following competences: +1. Regulate the profession and granting professional licence to professionals thereof; +2. Establish and approve standards for the profession, review them, and work to develop +Federal Decree by Law of 2023 on Regulating the Auditing and Accounting Professions 4 + them, approve associate degree programmes related to the profession, and ensure the +integrity and efficiency of professional test s related to these certificates; +3. Identify the entities whose programmes are accredited by the Ministry, along with the certificates related to the profession issued thereby; +4. Monitor and inspect professionals and accounting firms and prepare reports o n them in +accordance with the stipulations of the executive regulations of this Decree -Law; +5. Refer the violations attributed to professionals and contained in the oversight and inspection reports prepared by the Ministry, along with the complaints, repor ts, and judicial +rulings received, to the Ministry Professional Compliance Committee for review and determination of suitable decisions; +6. Educate professionals and accounting firm about the key bulletins, periodicals, and studies pertinent to the profess ion; +7. Develop the profession work mechanisms in coordination with the relevant authorities in the State; +8. Participate in local and international events and conferences related to the profession; +and +9. Any other competences assigned to the Ministry in accordance with laws, regulations and +Cabinet resolutions. + +Chapter Two +Profession Practice and Licensing +" +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (6) +Profession Practice +1. No natural or legal person may practice the profession, or provide any of work or services +pertained thereto, wit hin the State, unless they have obtained the licences stipulated in the +Decree- Law in subject and the Executive Regulation thereof; +2. The chartered accountant shall practice the profession within the State according to the following stipulations: +a. Separ ately through their own firm; or +b. Working for an accounting firm or branch of a foreign accounting firm, licensed in +Federal Decree by Law of 2023 on Regulating the Auditing and Accounting Professions 5 + the State. +3. The accounting firm shall practice the profession within the State according to one of the +following legal forms: +A pr ofessional company consisting of two or more chartered accountants; +a. A professional company owned by one or more chartered accountants and in +partnership of an international accounting firm; +b. Branch of a foreign accounting firm; or +c. Any other form de termined by the Executive Regulation of this Decree -Law. +4. The executive regulations of this Decree -Law shall determine the provisions regulating +and conditions for licensing each of the forms referred to in this article; and +5. The accounting firm shall have its own name that includes evidence of the activity thereof, +which shall not conflict with the controls on economic names determined by the legislation +in force in the State. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (7) +Profession Practice Pledge +After obtaining the professional license from the Ministry and before commencing the work, +the chartered accountant is required to submit a written pledge to the Ministry, asserting +that the accountant shall ""perform the work with utmost honesty and integrity, uphold the +laws of the state, preserve the integrity of the profession, and adhere to its established +traditions and ethics. Furthermore, the chartered accountant the chartered accountant shall +comply with the approved standards and regulations of the profession within the State. +They shall not disclose the clients confidential information or any data entrusted thereto in +the course of their work, except as mandated by applicable laws and regulations, in accordance with the procedures determined by the Ministry."" + +" +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (8) +Professio nal Licence +1. Any individual aspiring to practice the profession within the State shall submit an application to the Ministry for the acquisition of a professional licence, following the +Federal Decree by Law of 2023 on Regulating the Auditing and Accounting Professions 6 + mechanisms endorsed by the Ministry. The executive regulations of this Decree -Law shall +specify the various types of professional licences, along with conditions, prerequisites, and +duration thereof, as well as provisions pertaining to their issuance and renewal +2. The title ""Chartered Accountant"" may not be used except after obtaining a professional +licence from the Ministry. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (9) +Amending Professional Licence Data +The chartered accountant or accounting firm shall notify the Ministry and the competent authority – as the case may be – of every amendment or change that occurs to the +professional licence data, within (30) thirty days from the date of the amendment or change. The executive regulations of this Decree -Law shall specify the conditions and manner of +notification, including the necessary accompanying documents to be submitted along with it. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (10) +Temporary Suspension of Professional Licence +1. A chartered accountant or accounting firm encountering circumstances that impede the practice of the profession shall promptly submit a request to te mporarily suspend the issued +professional licence to the Ministry. This request shall be made within thirty (30) days from +the identification of the impediment. +2. Upon resolution of the impediment, the chartered accountant may submit a request to the +Ministry to lift the temporary suspension of their professional licence. +3. The executive regulations of this Decree -Law specify the conditions, procedures, and +periods related to the temporary suspension of professional licensing and the mechanisms +for liftin g it. + + + +Federal Decree by Law of 2023 on Regulating the Auditing and Accounting Professions 7 + " +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (11) +Revocation of Professional Licence +1. Professional licence shall be revoked in the following cases: +a. Death of the chartered accountant; +b. Failure to renew the licence within the period specified in the Exec utive Regulations +of this Decree -Law; +c. Loss of any of the licensing requirements specified in the Executive Regulations of +this Decree- Law; +d. Upon the chartered accountant request; +e. Based on a request submitted by the firm owners collectively or throu gh legal +representative thereof; +f. By a court order or by decision of the Professional Compliance Committee; +g. Issuance of a final judicial ruling declaring the bankruptcy of the accounting firm; or +h. Any other cases determined by the Executive Regulati on of this Decree -Law. +2. The Executive Regulations of this Decree -Law shall specify the procedures for the +revocation of the professional licence and the obligations to be fulfilled by the chartered +accountant or accounting firm in the event of the licenc e revocation; and +3. The Ministry shall, at the expense of the accounting firm, publish an announcement of the +revocation of the professional licence issued to the firm, through publication means +approved thereby. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (12) +Restoration of the licence after revocation +1. A person whose professional licence has been revoked may, after a period of at least one +year from the date of revocation, apply to the Ministry for a new professional licence in +accordance with the provisions of this Decree -Law and exe cutive regulations thereof. +2. A person, whose professional licence has been revoked by a decision of the Professional +Compliance Committee, may apply to the Ministry after a period of (5) five years from the +date of the revocation decision to obtain a new professional licence. The Minister or +representative thereof may approve or reject the request based on the reasons for the +Federal Decree by Law of 2023 on Regulating the Auditing and Accounting Professions 8 + previous revocation decision. +3. An individual whose professional licence has been revoked by a court order may not seek +licence re storation. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (13) +Merger and Acquisition +Subject to the laws in force in the State, any accounting firm may merge with another +accounting firm, or acquire another, after obtaining the prior approval of the Ministry, in +accordance with the terms and procedures specified in the Executive Regulations of this +Decree- Law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (14) +Economic licence for Accounting Firms +An accounting firm shall obtain an economic licence before practising activity thereof. The +authority competent for economic licences in each emirate shall verify the Ministry approval +before issuing, amending, or revoking the economic licence for an accounting firm or +branches thereof. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (15) +The Authority accreditation of Accountin g Firms +1. An accounting firm may not provide auditing and review services for public joint -stock +companies and public investment funds, unless it has obtained accreditation from the +Authority. +2. Subject to the provisions of clause (1) of this Article and any other conditions set forth in +the laws applicable in the State, the accounting firm, assigned by banks, insurance +companies, investment companies for the account of others, and public joint -stock +companies in order to audit and review financial statem ents thereof, shall hold a license for +a minimum period of (5) five years. +3. The Authority Board of Directors shall approve any regulations, conditions, or fees for the +Federal Decree by Law of 2023 on Regulating the Auditing and Accounting Professions 9 + accreditation of accounting firms. +4. The Authority shall notify the Ministry of the names of the accounting firms accredited +thereby and of any criminal penalties issued against them or disciplinary penalties imposed +thereon by the Authority. + +Chapter Three +Professional Obligations and Prohibitions +" +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (16) +Professional Obligations +1. Without prejudice to the obligations set forth in the laws applicable, a chartered +accountant shall, in the course of professional practice, adhere by the following: +a. Exercise the necessary professional care during the performance of work thereof and +ensure the accuracy and validity of the data contained in the results of work thereof; +b. Prepare the required reports by themselves or by the employees under supervision +thereof; +c. Practise the profession or any of works thereof through an accounting firm or a branch thereof holding a professional licence and economic licence according to the +provisions of this Decree -Law; +d. Comply with the provisions of this Decree -Law, Executive R egulations thereof, the +resolutions issued in their implementation, and any other legislation related to the +profession; and +e. Any other obligations set out in the Executive Regulations of this Decree -Law. +2. The accounting firm shall commit to the follow ing: +a. Implementing an internal control system that includes the following: +1. Systems and procedures for compliance with the approved Code of Ethics and Professional Conduct; +2. Work methodologies and techniques for providing professional services that ensure +compliance with the approved professional standards; +3. A quality control system for professional performance compatible with the approved quality control standards of the Ministry; +Federal Decree by Law of 2023 on Regulating the Auditing and Accounting Professions 10 + 4. Continuous professional development for employees thereof; +5. Protection and confidentiality of client data and information; +6. Availability of a governance structure or system; +7. Systems and procedures for compliance with anti -money laundering laws in the +State; +8. Use of the signature approved by the Ministry for the chartered accountant on the +reports issued thereby and link name and professional licence number thereof with +the name and professional licence number of the firm; and +9. Ensure the safety and health of the professional services provided thereby. +b. Provide professional liability insurance for the accounting firm and chartered +accountants thereof, and the accountin g firm shall bear the full cost of the insurance +premiums; +c. Provide the Ministry – whenever requested – with the reports it issued, as well as the +documents, records, and supporting working papers, in the manner specified by the +Ministry; +d. Provide the Ministry – whenever requested – with the necessary data about activities +thereof; and +e. Inform the Ministry and the competent authorities, as the case may be, about any fraud, money laundering, or suspicion of either revealed thereto during th e +performance of professional services thereof. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (17) +Professionals Prohibitions +Without prejudice to the provisions of the applicable laws, the professionals are expressly prohibited from undertaking the following: +1. Practise the profession bef ore obtaining a professional licence from the Ministry, during +the temporary suspension of their professional licence, or during suspension thereof by a judicial ruling or by a decision of the committee; +2. Engage in trade in a manner that conflicts with t he Code of Professional Conduct; +3. Practise the profession or advertise it in a manner that conflicts with the code of +Federal Decree by Law of 2023 on Regulating the Auditing and Accounting Professions 11 + professional conduct and duties, or the laws and regulations applicable in the State. +Additionally, the professional may not engage in any work that is not in accordance with the +dignity and traditions of the profession; +4. Contract for any activities that conflicts with the independence of the chartered +accountant in activities that requires independence; +5. Buy securities for a client re ceiving their services, sell such securities either directly or +indirectly, or offer advice to any party concerning said securities; +6. Participate in the association or management of an establishment for which the +professional has previously provided serv ices or has worked in a permanent or temporary +capacity within the last (2) years from the date of the association or its beginning, whichever +comes first; +7. Be a partner or agent of one of the founders, partners, or managers of the establishment +with which the professional contracts; +8. Assume the roles of creditor or debtor in relation to the said client, except in instances +related to the remuneration for the professional services rendered; +9. Have any transaction or interest with the client or any part y related to the client to whom +professional services are being provided. This shall include, but not limited to, the chairman +and members of the board of directors, members of the senior executive management of +public and private joint -stock companies, co mpanies in which any of these contribute at +least (30%) of capital thereof, as well as subsidiaries, sister companies, or allies thereof; +10. Use the status of a chartered accountant when performing professional work that is not +related to the scope of the profession stipulated in this Decree -Law; and +11. Any other prohibitions specified by the Executive Regulations of this Decree -Law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (18) +Confidentiality of Information +The accounting firm and the chartered accountant may not disclose the secrets of the establishment of which the chartered accountant become aware as a result of professional +practice thereof, except in the following cases: +1. Based on the request or consent of the establishment; +Federal Decree by Law of 2023 on Regulating the Auditing and Accounting Professions 12 + 2. Pursuant to an order f rom a judicial authority or an official investigative authority; +3. Upon a request from the Ministry; +4. If the purpose is to prevent the occurrence of a crime or to report it, in such case, the +disclosure shall be only to the official competent authority; +5. If the purpose is to defend itself before an investigative authority or any judicial authority +and according to the needs of the defence. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (19) +Maintenance of data, documents, and records +1. Accounting firms shall maintain data, documents, and records related to contracted +activities that they have collected, created, processed, and stored, for a period of not less +than (10) ten years from the date of issuing the report to the client. If these data, documents, +and records are related to cases p ending before judicial authorities, the aforementioned +period shall be calculated from the date of the final ruling. +2. Partners shall be responsible for the maintenance referred to in paragraph (1) of this +Article in the event of the revocation or suspens ion of the professional licence of the +accounting firm. +3. The Executive Regulations of this Decree -Law shall specify the controls and procedures +necessary for the maintenance of the records, files, and data referred to. + +Chapter Four +Accountability and discipline of professionals +" +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (20) +Disciplinary Penalties +1. Without prejudice to criminal liability, every acco unting firm or certified public +accountant who violates the duties of practising the profession, its standards, or the rules of +conduct and ethics; or violates any obligations; or commits any of the prohibitions stipulated +in this Decree -Law, its executive regulations, or the decisions issued in implementation +thereof; or acts in a manner that degrades the profession, they shall be disciplinary held +Federal Decree by Law of 2023 on Regulating the Auditing and Accounting Professions 13 + accountable and one of the following disciplinary penalties shall be imposed on them: +a. Written warning; +b. An administrative fine of not less than ( AED 10,000) ten thousand UAE Dirhams and +not exceeding ( AED 1,000,000) one million UAE Dirhams; +c. Suspending the professional licence for a period of not less than one month and not +exceeding three (3) years; or +d. Professional licence revocation. +2. The disciplinary penalties stipulated in Clause (1) of this Article may be combined. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (21) +Procedures for holding professionals accountable +1. The Ministry shall refer violations of the provisions of this Decr ee-Law and its Executive +Regulations, attributed to professionals as a result of the monitoring and inspection work it +carries out, or the reports, complaints, and judicial rulings it receives, to the Professional +Compliance Committee for consideration and to decide what it deems appropriate regarding +them. +2. The Ministry, based on a recommendation of the Professional Compliance Committee, shall inform the competent public prosecutor about the violations committed by the +accounting firm or chartered accountant that entails a penal crime. +3. Subject to Clause (2) hereof, disciplinary measures may not be taken against an +accounting firm or a chartered accountant, if the decision on the alleged violation contingent +on the issuance of a final judicial ruling on it. +4. The voluntary retirement of a chartered accountant shall not preclude the disciplinary +measures against them for acts committed during the practice of the profession within the +five (5) years following their retirement. +5. The Authority shall be re sponsible for investigating the accounting firms certified thereby +if proven to be in violation of the provisions hereof while providing services to any companies or funds subject to the supervision of the Authority. The Authority Board of +Directors shall be authorised to approve the imposition of disciplinary penalties stipulated +herein on those firms and to establish a mechanism for appealing against such penalties. +Federal Decree by Law of 2023 on Regulating the Auditing and Accounting Professions 14 + " +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (22) +Professional Compliance Committee +1. A committee named the ""Professional Compliance Committee"" shall be established, by +ministerial decree, and comprise experts and professionals with expertise in the industry +and professional compliance. The formation decree shall specify the committee op erational +framework. +2. The committee shall: +a. Examine actions that violate the provisions of this Decree -Law and its executive +regulations, committed by chartered accountants and accounting firms referred thereto +by the ministry; +b. Impose the disciplinary penalties stipulated herein on those found to be in violation +thereof; +c. Recommend for the Ministry to notify the competent public prosecution if the violations +committed by an accounting firm or chartered accountant found involving a criminal +offence; +d. Express opinions on the violations of accredited accounting firms that the Authority wishes to seek the Committee feedback on before referring them to the public +prosecution, in accordance with its legally established jurisdiction; +e. Any other authorities vested in it by a decision of the Cabinet. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (23) +Grievance against disciplinary penalties +1. A person who have been subjected to a disciplinary penalty in accordance with the provisions hereof may submit a written reasoned grievance to the M inistry within (10) ten +working days from the date of notification of the contested disciplinary penalty. +2. A committee shall be established, by a ministerial decree, to review grievances against disciplinary penalties, presided by a specialised judge sel ected by the Minister of Justice. The +committee shall comprise four (4) experienced and specialised members chosen by the Minister. The decree shall specify the committee the operational procedures and the +grievance process before it. +Federal Decree by Law of 2023 on Regulating the Auditing and Accounting Professions 15 + 3. Decisions of the g rievance committee may be appealed before the competent court of +appeal within (20) twenty working days from the date of notification of the decision. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (24) +Reporting Crimes in violation of the Provisions Hereof +Every natural or legal person upon becoming aware of the occurrence of a crime in violation +of the provisions hereof shall inform the Ministry or the Public Prosecution of that same, as +the case may be, in accordance with the mechanisms specified by the ex ecutive regulations +hereof. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (25) +Civil Liability +A person suffering harm as a result of the work and services of a chartered accountant or +accounting firm shall be entitled to claim civil compensation for any damages sustained in +accordance with the rules and procedures in force under the legislation in force in the State. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (26) +Capacity of Judicial Control Officers +The employees of the Ministry or Authority, designated by a decision of the Minister of Justice in agreement with the Minister or the Chairman of the Authority, shall have the +capacity of judicial officers to prove violations of the provisions hereof, its Executive +Regulations, and the decisions issued in implementation thereof. + +Chapter Five +Penalties +" +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (27) +Without prejudice to any more severe penalty stipulated by other applicable laws, +individuals found to have committed the following actions shall be subject to a punishment +involving imprisonment for a period not less than three (3) months, along with a fine +Federal Decree by Law of 2023 on Regulating the Auditing and Accounting Professions 16 + ranging from one hundred thousand UAE Dirhams (AED 100,000) to two million UAE +Dirhams (AED 2,000,000), or imposition of either of these penalties: +1. Providing incorrect data or forged certificates for the purpose of obtaining a professional +licence; +2. Practi sing the profession without having a professional licence in accordance with the +provisions hereof; +3. Practising the profession during a period of suspension from practising the profession; or +4. Authenticating with his signature a report that was not pre pared thereby or by those +working under supervision thereof. +Upon conviction, the court may order the revocation of the professional licence or the +closure of the accounting firm. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (28) +Without prejudice to any more severe penalty stipulated by other applicable laws, +individuals found to have committed the following actions shall be subject to a punishment +involving imprisonment for a period of not less than one year and a fine of not les s than +(AED 300,000) three hundred thousand UAE Dirhams and not exceeding ( AED 5,000,000) +five million UAE Dirhams, or by one of these two penalties: +1. Knowingly authenticating a report that contradicts the truth while engaging in the +profession by signi ng; +2. Disclosing the secrets of the establishment acquired thereby while practising the +profession or because of it; or +3. Facilitating the commission of any financial crimes involving public funds, seizing the +money of persons, covering up the perpetrato r, or not reporting the same to the competent +authorities. +Upon conviction, the court may order the revocation of the professional licence or the +closure of the accounting firm. + + + +Federal Decree by Law of 2023 on Regulating the Auditing and Accounting Professions 17 + " +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (29) +Publishing the results, committee decisions, and judicial rulings +Subject to the applicable laws and regulations, the Ministry shall be entitled to publish, in +any of the means of publication decided thereby, the results of its work relating to +monitoring and inspection, the decisions of the committees stipulated herein, as well as the +final judicial rulings issued against professionals. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (30) +Lawsuits against professionals +The judicial authorities in the State shall notify the Ministry of the civ il and criminal +judgments issued against persons practising the profession as a result of their professional activities. + +Chapter Six +Final Provisions +" +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (31) +Profession Development Committee +The Cabinet, based on a proposal of the Minister, may form a committee to develop the +profession. The formation decision shall determine members, powers, and work system +thereof. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (32) +Grievance against a licensing rejection +1. In the event of rejection of a professional licence application or upon the lapse of twenty +(20) working days without a response from the Ministry from the date of submission, an +individual shall have the right to file a written grievance to the Minister or their authorised +representative within (10) ten working days following the notification of the rejection +decision or the expiration of the stipulated period. +2. In the event of a rejection or non- decision of the grievance within (10) ten working days +Federal Decree by Law of 2023 on Regulating the Auditing and Accounting Professions 18 + from its submission, the aggrieved party may, within (30) thirty days from the date of being +notified of the rejection or the expiration of the stipulated period for decision, appeal to the +competent court. +3. An appeal case regarding the decision shall not be accepted before the competent court +except following the completion of grievance procedures stipulated in this article. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (33) +Profession Standards +The standards of the profession, including the rules of conduct and ethics of the profession, shall be determined b y a decision of the Minister within (6) six months from the effective +date hereof. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (34) +Emiratisation +The Cabinet, based on a proposal of the Minister and upon coordination with the competent +authorities, may determine the percentages of Emiratisation in the accounting firms. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (35) +Complaints pending before the Disciplinary Board +Cases pending before the Auditor Disciplinary Board established pursuant to Federal Law +No. (12) of 2014, in which a decision has not been issued by the said Board before the +effective date hereof, shall be referred to the Professional Compliance Committee for +consideration and decide as it deems appropriate. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (36) +Reconciliation +Persons registere d with the Ministry in accordance with the provisions of Federal Law No. +(12) of 2014 on the Regulation of the Auditing Profession shall reconcile their status in +accordance with the provisions hereof within a period not exceeding one year as of the date +Federal Decree by Law of 2023 on Regulating the Auditing and Accounting Professions 19 + of its publication, and the Cabinet may extend the aforementioned period for the periods it +determines. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (37) +Fees +The prescribed fees for implementing the provisions hereof shall be determined by a +Cabinet resolution based on the Minister recommen dation and the Minister of Finance +presentation. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (38) +Regulations implementing the Decree- Law +1. The Cabinet shall issue, based on the Minister proposal, the executive regulations hereof and the necessary decisions to implement the provisions he reof. +2. The Cabinet, based on a proposal of the Minister, may issue a list with administrative +penalties for actions that violate the provisions hereof and the executive regulations thereof. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (39) +Repeals +1. The aforementioned Federal Law No. (12 ) of 2014 shall be repealed, as well as any +provision that violates or contradicts the provisions of this Decree -Law. +2. The regulations and decisions issued in implementation of the provisions of Federal Law No. (12) of 2014 regarding regulating the profe ssion of auditors shall continue to be +implemented until the necessary regulations and decisions are issued to implement the +provisions of this Decree -Law in a manner that shall not conflict with its provisions. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (41) of 2023 on Regulating the Auditing and Accounting Professions,"Article (40) +Publication and Entry Into F orce of Decree -Law +This Decree- Law shall be published in the Official Gazette and shall come into force after (6) +six months from the date of its publication. +Federal Decree by Law of 2023 on Regulating the Auditing and Accounting Professions 20 + Mohammed Bin Zayed Al Nahyan +President of the United Arab Emirates + + + + +Issued by Us at the Palace of the Presidency in Abu Dhabi: +On: 13 Rabi' I 1445 H +Corresponding to: September 28, 2023 + + " +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (1) +Definitions +In application of the provisions of this Decree by law, the following words and phrases shall have the meanings assigned to each of them, unless the context otherwise requires: + State : United Arab Emirates +Ministry : Ministry of Human Resources & Emiratisation. +Minister : Minister of Human Resources & Emiratisation. + Private +Sector : Companies, ins titutions, establishments, or any other +entities wholly owned by individuals or jointly with the +federal or local government, and companies and +establishments wholly owned by the federal or local +government unless their articles of Associations stipulate +that they are subject to the provisions of another law. + +Establishment + : Every economic, technical, industrial or commercial unit, or any other unit approved in the State, in which Workers are +employed and whose objective is to produce or market +commodit ies or to provide services, and which is licensed +by the Competent Authorities. + Employer + : Every natural or legal person employing one or more +Workers in return for a Wage. + Worker + : Every natural person authorised by the Ministry to work for +one of the licensed Establishments in the State, under the +supervision and direction of the Employer. +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 3 + Juvenile + : Every person who is between fifteen and eighteen years of +age. + Work + : Every human effort, whether intellectual, technical or +physical, perfor med according to different types of work. + Work Permit + : A document issued by the Ministry, according to which a +natural person is allowed to work for a licensed +Establishment. + Employment +Contract + : Every agreement concluded between the Employer a nd the +Worker, in which the latter commits to work for the Employer and under his supervision and direction, in return +for a wage that the employer is obligated to pay, according +to the contract forms specified by the Executive +Regulations of this Decree b y law. + Probation +Period + : The period that may be required by the Employer, which enables the Employer to evaluate the Worker's +performance, and enables the Worker to become familiar +with his job duties and familiarise himself with the work +environment, and according to which he shall determine +whether the employment contract shall be continued or +terminated in accordance with the provisions of this +Decree by law. + Warning +Period: + : The notice period specified in the employment contract, +which both parties to the contract shall abide by in the +event that either of them wishes to terminate the +employment contract. + Basic Wage + : The wage specified in the employment contract, which is +paid to the Worker in return for his work under the employment cont ract, on a monthly, weekly, daily, hourly +or piece -meal basis, and does not include any other +allowances or benefits in kind. +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 4 + Wage + : The basic wage, plus the cash allowances and benefits in +kind that are decided for the Worker under the +employment cont ract or this Decree by law, and it may +include: The benefits in kind that the Employer is obligated +to provide to the Worker or their cash equivalent, if they +are determined as part of the wage in the employment +contract or the articles of Association of t he Establishment, +or the allowances to which the Worker is entitled to in +return for the effort he exerts, or the risks he is exposed to +in the performance of his work, or any other reasons; or the +allowances given to meet the high cost of living, or a +percentage of sales, or a percentage of the profits paid in +return for what the worker markets, produces, or collects. + Business Day + : The official working day determined by the resolutions implementing this Decree by law. +Workplace + : The work location agreed upon in the employment +contract, or in which the worker performs the duties and +services agreed upon for the employer. + Continuous +Service : The uninterrupted service with the same Employer or his +legal successor from the date of commencement of w ork. + Day +Labourer: : Every worker receiving a daily wage. + Work Injury: + : Any of the occupational diseases stipulated in the table issued by virtue of Cabinet resolution or any other injury +arising from the Worker's work and sustained by the +Worker w hile performing and as a result of such work. It is +deemed as Work Injury any accident proven to be +sustained by the Worker on his way to or back from his +work, without any stopping or diversion from the usual route. +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 5 + Medical +Authority + : Any federal or local government entity concerned with +health affairs or any private health facility licensed to +provide health services in the State. + Worker's +family : Wife or husband, and male and female children. + Individual +Labour +Disputes : Any dispute between t he Employer and one Worker +individually, the subject matter of which is related to this Decree by law, its Executive Regulation and the resolution issued in implementation thereof. + Collective +Labour Disputes : Any dispute between the Employer and his Wo rkers, the +subject matter of which is related to the common interest of all Workers or a group of them. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (2) +Objectives +This Decree by law aims to achieve the following: +1. Ensuring the efficiency of the labour market in the State, which contributes to +attracting and maintaining the best competencies and future skills from the +workforce, and providing an attractive business environment for Employers, which +helps both parties to participate in achieving the State's national development goals. +2. Regulating labour relations and determining the rights and obligations of the parties +in this legal relation in a balanced manner. +3. Enhancing the flexibility and sustainability of the labour market in the State by ensuring the protection of the parties to the labour relation, its developments, and the exceptional +circumstances that they may face which may affect that relation. +4. Supporting and rehabilitating the capabilities and skills of Workers in the Private Sector, +in a manner that enhances the efficiency and productivity of the workforce in the labour +market in the State. +5. Providing protection to both parties to the labou r relation and enabling them to obtain +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 6 + their rights within the framework of this Decree by law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (3) +Scope of Application +1. The provisions of this Decree by law shall apply to all Establishments, Employers and +Workers in the Private Sector in t he State. +2. The following categories are not subject to the provisions of this Decree by law: +a. Employees of federal and local government agencies. +b. Members of the armed forces, police and security. +c. Domestic Workers. +3. The Cabinet may, upon a proposal by the Minister, exclude any category from being +subject to all or some of the provisions of this Decree by law, and specify the legislation +applicable thereto. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (4) +Equality and Non -Discrimination +1. Disc rimination between persons, on the grounds of race, colour, sex, religion, +nationality, social origin, or disability is prohibited, which would weaken equal +opportunities or would prejudice equality in obtaining or continuing a job and enjoying +its rights. The Employer is also prohibited from practising discrimination in jobs with the +same job functions. +2. Rules and procedures that enhance the participation of the State's citizens in the labour +market are not deemed as discriminatory. +3. Without prejud ice to the rights of working women stipulated in this Decree by law, all +provisions regulating the employment of workers without discrimination shall apply to working women. +4. A woman shall be paid a wage similar to a man's wage if she performs the same work, or +another work of equal value. A Cabinet resolution shall be issued, upon a proposal by the Minister, to determine the procedures, controls, and criteria necessary for evaluating +work of equal value. +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 7 + " +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (5) +Employment of Juveniles +1. It is prohibited to employ any person before he completes fifteen years of age. +2. The following are required to employ a Juvenile: +a. A written consent of his guardian or custodian. +b. A certificate of health fitness for the required work issued by the Medical Authority. +c. The actual working hours shall not exceed six hours per day, and shall include one or +more breaks, the total of which shall not be less than one hour. Such period(s) shall +be determined so that the Juvenile shall not w ork for more than four consecutive +hours. +d. He shall not work during the period between 7 pm and 7 am. +e. He shall not be employed in dangerous or arduous jobs or in jobs that are, by its +nature, detrimental to his health, safety or morals, which are determined by a +decision issued by the Minister in coordination with the Concerned Authorities. +f. He shall not be required to work overtime, or to stay at the workplace after the times +fixed for him, or to work on rest days or official holidays. +3. The Executive Regulation of this Decree by law shall define the juvenile employment +system, the procedures that the employer must abide by, the jobs in which it is +prohibited to employ juveniles and the controls for excluding entities that provide +juvenile vocational training and qualification, including charitable, educational and +training institutions, from some provisions of this Article. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (6) +Recruitment and Employment of Workers +1. Work may not be practised in the State, and the Employer may not recruit or employ any +Worker, except after obtaining a work permit from the Ministry in accordance with the +provisions of this Decree by law and its Executive Regulation. +2. The Executive Regulation of this Decree by law shall determine the conditions, controls and types of work permits, and the procedures for granting, renewing and cancelling +them. +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 8 + 3. It is not permissible to carr y out the activity of recruitment or mediation to recruit or +employ Workers without a licence from the Ministry, in accordance with the conditions +and procedures specified in the Executive Regulation of this Decree by law. +4. The Employer is prohibited f rom charging the Worker the fees and costs of recruitment +and employment or collecting them from him, whether directly or indirectly. +5. The Minister shall, in coordination with the Concerned Authorities in the State, issue the resolutions decisions regulating the jobs for which the recruitment and employment of +workers is prohibited, and the controls therefor. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (7) +Types of Work +1. The work types to be contracted shall be according to the following: +a. Full- time, which is working for one employer for the full daily working hours +throughout business days. +b. Part -time, which is working for one or multiple employers for a specified number of +working hours or days. +c. Temporary work, which is work of wh ich nature requires a specific period of time, or +which focuses on a specific job and ends by the completion thereof. +d. Flexible work, which is work of which hours or working days change according to the +volume of work and the economic and operational v ariables of the Employer. The +Worker may work for the Employer for times that change according to work +conditions and requirements. +e. Any other types specified by the Executive Regulation of this Decree by law. +2. The Executive Regulation shall determ ine the conditions and controls for work types, +and the obligations of both the worker and the employer, according to each type. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (8) + Employment Contract +1. The Employer must conclude an employment contract with the Worker, according to the +form of work agreed upon, provided that the contract is in two copies, one of which shall +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 9 + be kept by the Employer and the other shall be handed to the Worker, in accordance +with the forms specified by the Executive Regulation of this Decree by law. +2. The Worker or his representative may establish the employment contract, the amount of the wage and any of the rights he is entitled to under the provisions of this Decree by law and its Executive Regulation and the decisions issued in implementation t hereof, by all +means of evidence. +3. The employment contract shall be concluded for a definite period, renewable, based upon the parties' agreement. +4. In the event of an extension or renewal of the contract, the new period(s) shall be deemed to be an extension of the original period and shall be added thereto when +calculating the Worker's continuous service period. +5. If both parties continue to implement the contract after the expiry of its original term or +the expiry of the agreed -upon work without express agreement, the original contract +shall be deemed to be impliedly extended with the same conditions stated therein . +6. Subject to Clause (3) of this Article, the Executive Regulation of this Decree by law shall +determine the forms of employment contracts according to the approved skill levels, and +the provisions for changing the contract from one type of work to ano ther, and +registering them with the Ministry. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (9) +Probation Period +1. The Employer may appoint the Worker under the Probation Period for a period not +exceeding six (6) months as of the date of commencing work, and he may terminate the +Worker' s service during this period after notifying the Worker in writing at least fourteen +(14) days prior to the date specified for termination of service. +2. A Worker may not be appointed under probation more than once with one employer, and if the Worker su ccessfully passes the Probation Period and continues to work, the +contract becomes valid in accordance with the terms agreed upon, and that period must be counted within the service period. +3. In the event that the Worker wishes to move, during the Probation Period, to work for +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 10 + another employer in the State, he must notify the original Employer in writing within a +period not less than one month as of the date of his desire to terminate the contract. The +new Employer shall compensate the or iginal Employer with the costs of recruiting or +contracting with the Worker, unless agreed otherwise. +4. In the event that the foreign Worker wishes to terminate the employment contract, +during the Probation Period, to leave the State, he must notify the Employer in writing, at +least (14) fourteen days prior to the date specified for the termination of the contract. +And in the event that he wishes to return to the State and obtain a new work permit +within three (3) months as of the date of leaving, the ne w Employer shall pay the +compensation stipulated in Clause (3) of this Article, unless agreed otherwise between +the Worker and the original Employer. +5. If either party terminates the employment contract without observing the provisions of +this Article, it shall pay the second party a compensation equal to the Worker's wage for +the notice period or the remaining period of the notice period. +6. If the foreign worker leaves the State without being bound by the provisions of this +article, he will not be gr anted a work permit to work in the State for a period of one year +as of the date of leaving the State. +7. The Ministry may exempt some job categories, skill levels, or labour from the condition +of not granting a work permit, stipulated in Clauses (4) and (6) of this Article, in +accordance with the controls and procedures specified by the Executive Regulation of +this Decree by law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (10) + Non -Competition Condition +1. If the work assigned to the Worker allows him to know the Employer's clients or access +his work secrets, the Employer may stipulate in the work contract that the Worker shall +not, after the termination of the contract, compete with him or participate in any +competing project in the same industry; provided that such condition is specific in terms +of time, place and kind of work to the extent necessary to protect the legitimate business +interests, and that the period of non -competition shall not exceed two years as of the +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 11 + expiry date of the contract. +2. Said condition shall be null if the employer terminates the employment contract in +violation of the provisions of this Decree by law. +3. The lawsuit filed by the Employer for the Worker's violation of the provisions of this +article shall not be heard after the lapse of one year from the date of discovering the +violation. +4. The Executive Regulation of this Decree by law shall determine the provisions regulating this Article, and the skill levels or occupational professions th at may be excluded from +the provision of Clause (1) of this Article, in accordance with the conditions and controls specified by the Regulation. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (11) +Outsourcing Some of Employer's Tasks to Another Employer +The Employer may assign any of his work to another Employer; and in which case, the latter shall be solely responsible for the rights entitled by virtue of the provisions of this Decree by +law to his Workers performing such work, unless agreed otherwise be tween the two parties. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (12) +Assigning Worker to Other Work +1. It is not permissible to assign the Worker a work that is fundamentally different from the work agreed upon in the employment contract, unless necessary, or with the aim of +preventi ng the occurrence of an accident or repairing what resulted from such accident; +provided that such assignment is temporary in accordance with what is specified by the +Executive Regulation of this Decree by law. +2. The Employer may assign the Worker, in c ases other than those referred to in Clause (1) +of this Article, to perform a kind of work that is not agreed upon in the employment +contract, provided that the Worker agrees in writing. +3. If performing the work that is not agreed upon in the employment contract requires that +the Worker changes his place of residence, the Employer must bear all the financial costs +resulting therefrom, including the costs of the worker's displacement and residence. +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 12 + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (13) + Employer's Obligations +The Employer must: +1. Maintain Workers' files and records in accordance with the conditions, controls and +procedures determined by a resolution issued by the Ministry, provided that the period of maintaining the Worker's file shall not be less than two years as of the date of the end +of the Worker's service. +2. Not withhold the official documents of the Worker or force him to leave the State upon +the end of the labour relation. +3. Lay down work organisation regulations, such as the regulation of work instruct ions, +sanctions, promotions, bonuses, and other regulations and systems according to the +controls specified by the Executive Regulation of this Decree by law. +4. Provide the Worker with adequate accommodation licensed by the Competent +Authorities in acco rdance with the rules, conditions and standards in force in the State, +or pay him housing allowance, or include it in the wage. +5. Invest in developing the skills of Workers who work for him, and provide the minimum +amount of training, qualification and empowerment tools and programmes in +accordance with the provisions of this Decree by law and its Executive Regulation. +6. Provide the necessary means of prevention to protect Workers from the dangers of +occupational injuries and diseases that may occur d uring work, ensure the provision of +guidance and awareness regulations, provide appropriate training for workers to avoid +such risks, and conduct periodic evaluation to ensure that all work parties comply with +the requirements of health and occupational safety and security, in accordance with the +provisions of this Decree by law, its Executive Regulation, and the legislation in force in +this regard. +7. Take what is necessary to ensure that the Worker knows his rights and obligations at +work, in accordance with the tools and methods appropriate to the nature of work and its Workers. +8. Bear the costs of medical care for the Worker in accordance with the legislation in force +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 13 + in the State. +9. Bear the expenses of insurances, subscriptions and guarantees determined by the +legislation in force. +10. Not let the Worker perform work for others except in accordance with the provisions of +this Decree by law. +11. Give the Worker, at his request, upon the expiry of the employment contract, an experience certificate free of charge, indicating the date of his joining the work, the date on which his work ends, the total period of his service, the job title or the kind of work he +was pe rforming, the last wage he was receiving, and the reason for the end of the +employment contract, provided that the certificate shall not include anything that might +harm the Worker's reputation or reduce his employment opportunities. +12. Bear the expens es of returning the Worker to where he was recruited from or any other +place that the two parties have agreed upon, unless he has joined the service of another +Employer, or the reason for terminating the contract is due to the worker, in which case, the latter shall incur those expenses. +13. Provide a safe and appropriate work environment. +14. Perform any other obligations stipulated under the provisions of this Decree by law and +its Executive Regulations, Cabinet resolut ions, or any other legislation in force in the +State. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (14) +Prohibition of Forced Labour and Other Prohibitions +1. The Employer may not use any means that would make or force the Worker or threaten +him with any penalty to work for him or force him to perform work or provide a service +against his will. +2. Sexual harassment, bullying, or any verbal, physical or psychological violence against the +Worker by the Employer, his superiors, colleagues, or co -workers shall be prohibited. + + +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 14 + " +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (15) +Worker's Entitlements at the Time of His Death +1. In the event of the Worker's death, the Employer shall hand over to the worker's family +any wages or financial entitlements to the Worker in addition to the end -of-service +gratuity to which the worker is entitled in accordance with the provisions of this Decree by law and its Executive Regulation, within a period not exceeding ten (10) days as of +the date of death or as of the date of the Employer's knowledge of the Worker's death. +2. Subje ct to the provisions of Clause (1) of this Article, the Worker may specify in writing a +family member to receive his rights in the event of his death. +3. The employer shall bear all costs incurred in preparing and transporting the body of the +deceased Wo rker to his country of origin or place of residence if his relatives so request. +4. The Ministry may, in coordination with the Concerned Authorities, may establish a +mechanism to retain the Worker's entitlements in the event of his death if it is not +possible to hand them over to his family or those entitled thereto. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (16) +Worker's Obligations +The Worker must: +1. To perform the work personally under the direction and supervision of the Employer or +his representative, and in accordance with w hat is specified in the contract, and not to +outsource the work to any other worker or any other person. +2. Abide by proper conduct and ethical norms during work and display honesty and +professional integrity. +3. Preserve the means of production and wo rk tools in his custody and preserve them by +taking the necessary measures to keep them in the places designated for them. +4. Maintain confidentiality of the information and data to which he has access by virtue of his work, not disclose trade secrets, and return anything under his custody to the +Employer at the end of his service. +5. Not keep in a personal capacity any original copies of papers or paper or electronic +documents related to trade secrets without the permission of the Employer or his +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 15 + representative. +6. Implement the occupational safety and health instructions determined in the +Establishment in accordance with the legislation in force or work systems and +instructions. +7. Work during the approved business days and working hours specified in the +employment contract and communicate and interact effectively to efficiently accomplish +the tasks assigned thereto. +8. Work continuously and diligently to develop his functional and professional skills and +raise the level of performance he provides to the Employer. +9. Not work for others, in violation of the provisions of this Decree by law and other +applicable legislatio n in this regard. +10. Evacuate the accommodation provided thereto by the Employer, within a period not +exceeding thirty (30) days as of the d ate of the end of his service; however, the Worker +may remain in the accommodation after the expiry of the aforementioned period, upon +the Employer's approval, in return for the incurring the cost of accommodation, or what +is agreed upon in writing with th e Employer. +11. Perform any other obligations stipulated under the provisions of this Decree by law and +its Executive Regulations or any other legislation in force in the State. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (17) +Working Hours +1. The maximum normal working hours for Wor kers shall be eight (8) hours per day or +forty -eight (48) hours per week. +2. The Cabinet may, upon the proposal of the Minister and in coordination with the Concerned Authorities, increase or decrease the daily working hours for some economic +sectors or some categories of labour, in addition to the working hours, rest hours, and hours during which it is prohibited to work for certain categories of labour, according to +the classification of labour specified in the Executive Regulation of this Decree by law . +3. The periods spent by a Worker in travelling between his home and place of work shall +not be included in his working hours, except for some categories of Workers in +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 16 + accordance with the controls specified by the Executive Regulation of this Decree by law. +4. The Executive Regulation of this Decree by law shall determine the working hours in the +month of Ramadan. +5. In the event that the Worker works full- time, the original Employer, or any other +Employer for whom the Worker works in accor dance with the provisions of this Decree +by law, may not require the worker to work for him more than the hours agreed upon in +the employment contract, except with the Worker's written consent. +6. In the event that the worker desires to perform his work remotely, whether from inside +or outside the State, and with the approval of the Employer, the Employer may stipulate +specific working hours. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (18) +Consecutive Working Hours +The worker may not work for more than five (5) consecutive hours without a rest period or periods amounting in aggregate to not less than one hour. Working hours and rest periods +shall be regulated in the Establishment that operates on the shift system, or for some job +categories according to their nature - such as field jobs - and according to the labour +classification specified in the Executive Regulation of this Decree by law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (19) +Overtime +1. The Employer may require the Worker to work for additional working hours beyond the +normal working hours, provided that they do not exceed two hours per day, and he may +not be required to work for more than that except in accordance with the conditions and +controls specified in the Executive Regulation o f this Decree by law. In all cases, the total +working hours shall not exceed one hundred and forty -four (144) hours every (3) three +weeks. +2. If circumstances of work require that the Worker works for more than the normal +working hours, the extra time sh all be considered overtime, for which the Worker shall +receive a wage equal to that corresponding to his normal working hours - calculated +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 17 + according to the basic wage - plus an increase of at least twenty -five percent (25%) of +such wage. +3. If circumstan ces of work necessitate that the Worker works overtime between 10 pm +and 4 am, he shall be entitled to the wage determined for normal working hours - +calculated according to the basic wage - plus an increase equal to at least fifty percent +(50%) of such wa ge. Shift Workers shall be excluded from the above. +4. If circumstances of work necessitate that the Worker works on the rest day specified in +the employment contract or the work organisational regulation, he shall be +compensated with another rest day, o r with payment of the wage for that day according +to the wage established for normal business days, plus an increase not less than fifty +percent (50%) of the basic wage for that day. +5. The Worker may not be required to work for more than two consecutive rest days, +excluding day labourers. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (20) +Excluded Labour Categories +The Executive Regulation of this Decree by law shall determine the categories of labourers +that may be exempted from the provisions regarding working hours containe d in this +Decree by law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (21) +Weekly Rest +The worker shall be granted a paid weekly rest not less than one day, according to what is +specified in the employment contract or the work organisational regulation. It is permissible +by a Cabinet resolu tion to increase the weekly rest day stipulated in this Article. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (22) +Determining the Amount or Type of Wage and Paying It +1. The amount or type of wage shall be specified in the employment contract, and if it is not +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 18 + specified therein, the competent court shall determine it as a labour dispute. +2. The Employer is obligated to pay the wages to his Workers on their due dates in +accordance with the systems approved in the Ministry and the conditions, controls and +procedures specified in the Executive Regulation of this Decree by law. +3. The wages shall be paid in AED, and they can be paid in another currency if it is agreed +upon between the parties in the employment contract. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (23) +Method of Calculating Wages for Workers on Piecemeal Basis +The daily wage of Workers who receive their wages on piece -meal basis is calculated +according to the average of what the Worker received for the actual working days during the +six (6) months preceding the request or the lawsuit regarding any matter related to the +wage. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (24) +Transferring Monthly Wage Worker to Other Categories +A worker with a monthly wage m ay be transferred to the category of day workers or workers +appointed for a weekly, piece -meal or hourly wage, if the Worker agrees to this in writing, +and without prejudice to the rights acquired by the worker during the period he spent +working for monthly wage. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (25) +Cases of Deduction from Worker's Wage +1. No amount of money shall be deducted from the Worker's wage except in the following cases: +a. Recovering loans granted to the Worker, within the maximum monthly deduction rate from the Wor ker's wage stipulated in this Article, after obtaining the Worker's +written consent, and without any interests. +b. Recovering the amounts paid to the Worker in excess of his entitlements, provided +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 19 + that the amount deducted shall not exceed twenty percent (20%) of the wage. +c. Amounts deducted for the purposes of calculating contributions to bonuses, +retirement pensions, and insurances, in accordance with the legislation in force in +the State. +d. The Worker's contributions to the Establishment's savings fund or the loans owed to +the fund, approved by the Ministry. +e. Instalments of any welfare scheme or any other benefits or services provided by the +Employer and approved by the Ministry, provided that the worker agrees in writing +to participate in the scheme. +f. Amounts deducted from the Worker due to the violations he commits in accordance +with the sanction regulation in force in the Establishment and approved by the +Ministry, provided that it shall not exceed five percent (5%) of the wage. +g. Debts owed in implementation of a court judgment, provided that they shall not exceed a quarter of the wage due to the Worker, except for the alimony debt, where more than a quarter of the wage may be de ducted. In the event of multiple debts, the +amounts required to be paid shall be distributed according to the ranks of the privilege. +h. Amounts necessary to repair any damages caused by the Worker, as a result of his fault or violation of the Employer's instructions, that lead to the damage, destruction +or loss of tools, machines, products or materials owned by the Employer, provided +that the amount deducted shall not exceed the wage of (5) five days per month, and +no more amounts shall be deducted excep t upon the approval of the competent +court. +2. If there are multiple reasons for deduction from the wage, it is not permissible in all cases +for the percentage of deduction to exceed fifty percent (50%) of the wage. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (26) +Enabling Worker to Perform His Work +1. The wage shall be in exchange for the work, and the Employer is obligated to enable the +Worker to perform his work, otherwise he is obligated to pay his wage agreed upon. +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 20 + 2. The Executive Regulation shall determin e the procedures for the Worker's leaving work +in the event that he is not able to perform the work agreed upon in the employment +contract. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (27) +Minimum Wage +The Cabinet may, upon the proposal of the Minister and in coordinatio n with the Concerned +Authorities, issue a resolution setting the minimum wage for Workers, or any category of them. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (28) +Official Holidays and Requiring Worker to Work Therein +1. The Worker is entitled to an official leave with fu ll pay on the official holidays to be +determined by a Cabinet resolution. +2. If circumstances of work necessitate that the Worker works in any of the official +holidays, the Employer shall compensate him with another rest day for each day in +which he work s during the holiday, or with payment of the wage for that day according +to the wage established for normal business days, plus an increase not less than fifty percent (50%) of the basic wage for that day. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (29) +Annual leave +1. Without prejudice to the Worker's rights acquired for the period preceding the date of +enforcement of the provisions of this Decree by law, the Worker shall be entitled to an +annual leave with full pay of not less than: +a. Thirty days for each year of his extended service. +b. Two days for each month if his service period is more than six months and less than +one year. +c. A leave for parts of the last year he spent at work, in the event that his service ends +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 21 + before using his annual leave balance. +2. The part -time Worker is entitled to an annual leave according to the actual working +hours spent by the Worker with the Employer, the duration of which is specified in the +employment contract, in accordance with what is determined by the Executive Regulatio n of this Decree by law. +3. The Employer may agree to grant the Worker a leave from the balance of his annual leave during the Probation Period, and the Worker shall retain the right to be compensated for the remainder of his annual leave balance, if he have not passed the +Probation Period. +4. The Worker must enjoy his leave in the year of its entitlement, and the Employer may +determine the dates of these leaves in accordance with work requirements and in +agreement with the Worker or gran t them in rotation among the Establishment's +Workers in order to ensure the progress of his work, and he must notify the Worker of the specified date for enjoying his leave at least one month in advance. +1. The Worker may, upon the approval of the Employ er and in accordance with the +applicable organisational regulations in the Establishment, carry forward the balance of his annual leave, or days thereof, to the following year. +6. The Worker is entitled to the wage for the period of his annual leave. +7. Rest days established by law or by agreement shall be included in the annual leave +period if the annual leave enjoyed by the Worker is interrupted by, and is considered, +part of it, unless the employment contract or the organisational regulations in forc e in +the Establishment stipulate what is more beneficial to the Worker. +8. The Employer may not prevent the Worker from benefiting from his entitled annual +leave for more than two years, unless the Worker wishes to carry it forward or obtain a +cash allow ance for it in accordance with the organisational regulations in force in the +Establishment, and what is specified by the Executive Regulation of this Decree by law. +9. The Worker is entitled to receive wages for the days of the entitled rest days if he leaves the work before using it, regardless of their duration, in relation to the period for which +he has not obtained his leave. +10. The Executive Regulation of this Decree by law shall specify the rules and conditions for +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 22 + organising vacations and compensation for them. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (30) + Maternity Leave +1. The female Worker shall be entitled to maternity leave of (60) sixty days, accord ing to +the following: +a. The first forty -five (45) days with full pay. +b. The following fifteen (15) days with half pay. +2. The female Worker may, after using her maternity leave, be absent work without pay for +a period not exceeding forty -five (45) consecutive or intermittent days, if such absence is +due to an illness suffered by her or her child as a result of pregnancy or ch ildbirth and +that does not enable her to return to her work. Said illness shall be proven by a medical +certificate issued by the Medical Authority, and this period shall not be included in the +period of service for which the female Worker is entitled to th e end of service gratuity or +the period of contribution to the retirement system in accordance with the legislation in force in this regard. +3. The female Worker is entitled to the maternity leave stated in Clause (1) of this Article, if she gives birth after six (6) months or more of pregnancy, whether the foetus is born +dead or born alive then died. +4. The female Worker, in the event that she gives birth to a sick or disabled child whose +health condition requires a constant companion according to a me dical report issued by +the Medical Authority, is entitled to a leave of thirty (30) days with full pay starting after +the end of the maternity leave period, and she has the right to extend the leave for a +period of thirty (30) days without pay. +5. The Em ployer must grant the female Worker maternity leave whenever she requests it at +any time, starting as of the last day of the month immediately preceding the month in +which she is expected to give birth, and this shall be proven by a certificate from the +Medical Authority. +6. Obtaining the maternity leave or the absence referred to in this article shall not prejudice her right to obtain other leaves. +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 23 + 7. If the female Worker works for another Employer during the period of her leave +authorised in this article, the original Employer may deprive her of her wage for the +period of the leave or recover what he paid to her. +8. It is not permissible to terminate the service of a female Worker or to give her notice +because of pregnancy, or because she has obtained maternity leave, or because she is +absent from work in accordance with the provisions of this Article. +9. After returning from maternity leave and for a period not exceeding six (6) months as of +the date of giving birth, the female Worker is entitled to one or two rest periods per day +to breastfeed her child, provided that the period of both periods shall not exceed one +hour. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (31) + Sick Leave +1. If the Worker suffers an illness that is not caused by a work injury, he must inform the Employer or his representative of his illness, within a period not exceeding three (3) +business days and submit a medical report on his condition issued by the Me dical +Authority. +2. The Worker is not entitled to a paid sick leave during the Probation Period, but the +Employer may grant him a sick leave without pay, based on a medical report issued by +the Medical Authority that includes the necessity of granting th e leave. +3. After the Probation Period, the Worker may receive a sick leave of no more than (90) ninety consecutive or intermittent days per year, provided that it shall be calculated as +follows: +a. The first fifteen (15) days with full pay. +b. The f ollowing thirty (30) days with half pay. +c. The following period shall be unpaid. +4. The sick leave shall not be paid if the illness is a result from the Worker's misconduct, in +accordance with the cases specified in the Executive Regulation of this De cree by law. +5. The Employer may terminate the Worker's service after completing his sick leave referred to in this article, if he is unable to return to work, provided that the Worker +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 24 + receives all his financial dues in accordance with the provisions of this Decree by law +and its Executive Regulation. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (32) +Various holidays +1. The Worker is entitled to a paid leave in the following cases: +a. A mourning leave of five (5) days, in the event of the death of the spouse; and Thre e +(3) days in the event of the death of the mother, father, son, brother, sister, grandson, +grandfather or grandmother, starting as of the date of death. +b. Parental leave for a period of (5) five working days, for the Worker (whether the +father or the m other) who has a child, to care for his child, to be enjoyed, +continuously or intermittently, within a period of six (6) months as of the date of the +child's birth. +c. Any other leaves determined by the Cabinet. +2. The Worker may be granted a study leave for a period of ten (10) business days per year, +for the Worker who is enrolled - by affiliation or regularly - in one of the educational +institutions approved in the State, in order to perform the tests, provided th at the period +of service with the Employer is not less than two years. +3. The national Worker is entitled to a full- time leave to perform the national and reserve +service with pay, in accordance with the legislation in force in the State. +4. In order t o obtain the leaves referred to in this Article, a proof of the same must be +provided by the Concerned Authorities. +5. The Executive Regulation shall determine the provisions for granting and organising the +leaves referred to in this Article. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (33) +Leave Without Pay +1. The Worker may, upon the approval of the Employer, obtain leave without pay, other +than those referred to in this Decree by law. +2. The leave referred to in this Article shall not be inclu ded in the Worker's period of service +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 25 + with the Employer or within the period of contribution to the retirement system in +accordance with the legislation in force in this regard. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (34) +Absence After Leave +The Worker who does not return directly to work without a legitimate reason after the end +of his leave shall not be entitled to his wage for the period of absence following the end of +the leave. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (35) +Effecting the Warning Period in the Event of Termination of the Contract +During the Leave Period +In the event that either party to the employment contract desires to terminate the contract in +accordance with the provisions of this Decree by law and its Exe cutive Regulation, during +the period of the Worker's leave, the period of warning agreed upon in the employment +contract shall not start to take effect, except as of the day following the scheduled return of +the Worker from leave, unless agreed otherwise b y both parties. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (36) +Occupational Care and Safety +Establishments shall abide by the provisions contained in Federal Law No. (13) of 2020 +Concerning Public Health and all resolutions issued in implementation thereof, and any +other legislation iss ued in this regard. The Executive Regulation of this Decree by law shall +define the role of the Ministry and the provisions relating to Workers' safety, protection and health care. + + + +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 26 + " +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (37) +Compensation for Work Injuries and Occupational Illness +1. A Cabinet resolution shall be issued, upon a proposal by the Minister and in +coordination with the Concerned Authorities, to specify work injuries and occupational +illness, the conditions and procedures to be followed in the event of any of them +occur ring, the Employer's obligations in this regard, the amount of compensation due to +the Worker in the event of total permanent or partial permanent disability, the +compensation due to his family in the event of his death, and the rules for its distribution +and the amount thereof. +2. In the event that the Worker suffers a work injury or an occupational illness, the +Employer shall commit to do the following: +a. Bear the expenses of the Worker's treatment until he is cured and is able to return to +work or proven to be disabled, in accordance with the conditions, controls and +procedures specified in the Executive Regulation of this Decree by law. +b. If a work injury or occupational illness prevents the Worker from performing his +work, the Employer must pay the Worker the equivalent of his full wage for the +duration of the treatment or for a period of six (6) months, whichever is less. If the treatment period exceeds six (6) months, he shall be paid half the wage for another +six (6) months, or until the Worker is cured, proven to be disabled, or dies, whichever +is comes first. +3. If the work injury or occupational illness leads to the death of the Worker, the family of +the deceased shall be entitled to compensation equal to the basic wage of the Worker for +a period of twenty -four (24) months, provided that the value of the compensation shall +not be less than eighteen thousand (18,000) AED and not exceed two hundred thousand +(200,000) AED. The value of the compensation shall be calculated according to the basic +wage received by the Worker before his death, and the compensation shall be +distributed to the beneficiaries of the deceased Worker as determined by the Executive +Regulation of this Decree by law, while preserving the rights of the family of the +deceased from the end- of-service gratuity, and any other financial entitlements due to +the Worker. +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 27 + " +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (38) +Cases Where the Worker Is Not Entitled to Work Injury Compensation +The Worker shall not be entitled to compensation for a work injury, if it is proven through +the investigations of the competent authorities that any of the following cases have been +achieved: +1. The Worker deliberately injured himself for any reason. +2. The injury occurred under the influence of alcohol, narcotics, or other psychotropic +substances. +3. The injury occurred as a result of an intentional violation of the preventive instructions +displayed in visible places in the workplace, as determined by the Executive Regulation of this Decree by law. +4. The injury occurred as a result of wilful misconduct on the part of the Worker. +5. The Worker refused, without serious reason, to examine him or to follow the treatment decided by the Medical Authority . + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (39) +Disciplinary Sanctions +1. The Employer or his representative may impose any of th e following sanctions on the +Worker who violates the provisions of this Decree by law, its Executive Regulation and +the resolutions issued in implementation thereof: +a. Written caution. +b. Written warning. +c. Deduction from the wage not exceeding the wages of five (5) days per month. +d. Suspension from work for a period not exceeding fourteen (14) days, and non -payment of wages for the days of suspension. +e. Deprivation of the periodic raise for a period not exceeding one year, for +Establishments that adopt the system of periodic raises, which the Worker is entitled +to in accordance with the terms of the employment contract or the provisions of the +Establishment's organisational regulations. +f. Deprivation from promotion, in Establishments where there is a promotion system, +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 28 + for a period not exceeding two years. +g. Dismissal from service while preserving the Worker's right to end -of-service gratuity. +2. The Executive Regulation shall determine the conditions, controls, and procedures +necessary to impose any of the sanctions referred to in Clause (1) of this Article, and the +mechanism for grievance against them. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (40) +Suspension of Work +1. The Employer may suspend the Worker temporarily from work for a period not exceeding thirty (30) days, with the aim of conducting a disciplinary investigation with +him if the interest of the investigation so requires, with a suspension of half the wage +during the suspension period. If the investigation ends with being reserved, finding no +violation, or giving the Worker a warning sanction, the wage suspended during the +suspension period shall be paid to him. +2. The Employer may suspend the Worker temporar ily when he is accused of committing a +crime of physical assault or robbery of property or other crimes such as the abuse of honesty or breach of trust, until a final decision is issued by the competent judicial authority, and his wage shall be suspended f or the period of suspension. If a decision is +issued to release the Worker from standing a trial or acquit him for non -felony, or if the +investigation ends up being reserved due to insufficient evidence, he must be returned to +work with the full payment of his suspended wage. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (41) +Certain Controls for Imposing Disciplinary Sanctions +1. No disciplinary sanction may be imposed on the Worker for an act committed outside +the workplace unless it is related to work. +2. It is not permissible to impos e more than one disciplinary sanction for a single violation, +in accordance with the provisions of article (39) of this Decree by law. + +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 29 + " +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (42) +Cases of Termination of the Employment Contract +The employment contract shall be terminated in any of the following cases: +1. If the parties agree in writing to terminate it. +2. Upon the expiry of the period specified in the contract unless it is extended or renewed +in accordance with the provisions of this Decree by law. +3. At the request of one of the parties, provided that the provisions of this Decree by law +regarding the termination of the employment contract and the warning period agreed +upon in the contract are abided by. +4. The death of the Employer if the subject of the contract is related to his person. +5. The death of the Worker or his total permanent disability, as proven by a certificate issued by the Medical Authority. +6. The Worker has been sentenced by a final judgment of imprisonment for a period not +less than three (3) months. +7. The Establishment is closed permanently, in accordance with the legislation in force in the State. +8. The bankruptcy or insolvency of the Employer or any economic or exceptional reasons that prevent the continuation of the business, in accordance with the conditions, +controls and procedures specified by the Executive Regulation and the legislation in +force in the State. +9. The Worker's failure to fulfil the conditions for renewing the work permit for any reason +beyond the control of the Employer. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (43) +Employment Contract Termination Warning +1. Either party to the employment contract may terminate the contract for any legitimate reason, provided that the other party is no tified in writing, and commits to work within +the warning period agreed upon in the contract, provided that the period is not less than thirty (30) days, and not more than ninety (90) days. +2. The employment contract shall remain effective for the duration of the warning period +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 30 + referred to in this Article, and end upon the expiry of the period, and the Worker shall be +entitled to his full wage for that period according to the last wage received thereby, and +he must work during that period if the Employer asks him to do so. An agreement may +be made to exempt from the warning condition or reduce its duration while preserving +all the rights of the Worker for the warning period agreed upon in the employment +contract. The warning period must be the same for both parties unless it is in the interest +of the Worker. +3. The party who does not abide by the warning period must pay the other party a +compensation called a warning allowance, even if the failure to warn does not result in +harm to the ot her party. Such compensation shall be equal to the Worker's wage for the +entire warning period or the remaining part of it. +4. The warning allowance shall be calculated according to the last wage received by the +Worker for those who receive their wages b y month, week, day or hour, and according to +the average daily wage referred to in this Decree by law for those who receive their +wages by piece -meal. +5. If the employment contract is terminated by the Employer, the Worker has the right to be absent during the warning period for one unpaid working day per week, in order to +search for another job. The Worker may specify the day of absence provided that he +informs the employer thereof at least (3) three days prior to the day of absence. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (44) +Cases of Dismissal of Worker Without Warning +The Employer may dismiss the Worker without warning, after conducting a written +investigation with him, and the decision to dismiss shall be in writing and reasoned, and the +Employer or his representative shall hand it to the Worker in any of the following cases: +1. If it is proven that the Worker impersonates another person or has submitted false +certificates or documents. +2. If the Worker makes a mistake that results in a grave material loss to the Employer , or if +the Worker deliberately harms the property of the Employer and acknowledges the +same, provided that the latter shall inform the Ministry of the incident within seven (7) +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 31 + business days as of the time of his knowledge of the occurrence of the inciden t. +3. If the Worker violates the instructions of the Establishment's internal system related to +the safety of work and Workers or the workplace, provided that they are written and +displayed in a visible place, and that the Worker has been informed thereo f. +4. If the Worker fails to perform his basic duties according to the employment contract and +continues to breach them despite conducting a written investigation with him for this +reason and warning him twice of dismissal in case of repetition. +5. If the Worker discloses any of the work secrets related to industrial or intellectual +property, which results in losses to the Employer, missing an opportunity for the Employer or gaining a personal benefit to the Worker. +6. If during working hours he is found drunk or under the influence of a narcotic or +psychotropic substance or has committed an act contrary to public morals in the +workplace. +7. If in the course of his work, the Worker commits, against the Employer, the manager or +any of his superiors or colleagues, a verbal or physical assault or any other form of +assault punishable under the laws in force in the State. +8. If the Worker is absent from work without a legitimate reason or an excuse acceptable to +the Employer for more than twenty (20) non -consecutive days, or more than seven (7) +consecutive days. +9. If the Worker illegally exploits his job position to obtain personal results and gains. +10. If the Worker works for another Establishment without complying with the controls and +procedu res established in this regard. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (45) +Cases of Worker Leaving Work Without Warning +The Worker may leave work without warning while retaining his rights upon termination of +service in any of the following cases: +1. If the Employer breaches his obligations towards the Worker stipulated in the contract, +this Decree by law, or the resolutions issued in implementation thereof, provided that +the Worker notifies the Ministry fourteen (14) business days prior to the date of leaving +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 32 + work, and that the Employer has not removed the effects resulting from such breach +although he had been notified by the Ministry. +2. If it is proven that the Employer or his legal representative has assaulted the Worker or subjected him to viole nce or harassment during work, provided that he informs the +concerned authorities and the Ministry within five (5) business days as of the date he is +able to report. +3. If there is a grave danger in the workplace that threatens the safety or health of th e +Worker, provided that the Employer has known of its existence, and has not taken +measures that indicate its removal. The Executive Regulations of this Decree by law shall +specify the controls for grave danger. +4. If the Employer assigns the Worker to perform work that is fundamentally different from the work agreed upon under the employment contract, without the Worker's written +consent, except in cases of necessity in accordance with the provisions of article (12) of +this Decree by law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (46) +Termination of service due to medical unfitness +The Employer may not terminate the Worker's service for lack of health fitness, before he +has completed the leaves legally entitled to him, and any agreeme nt to the contrary shall be +void, even if it has been concluded before the provisions of this Decree by law come into +force. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (47) +Unlawful Termination of Worker's Service +1. The termination of the Worker's service by the Employer shall be unlawf ul if the +termination of the Worker's service is due to his filing a serious complaint to the Ministry +or filing a case against the Employer that has been proven to be true. +2. The Employer is obligated to pay a fair compensation to the Worker estimated by the +competent court, if it is proven that the dismissal is unlawful in accordance with Clause +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 33 + (1) of this Article. The amount of compensation shall be determined taking into account +the kind of work, the amount of damage incurred by the Worker and the d uration of his +service. In all cases, the amount of compensation must not exceed the wage of the Worker for a period of three (3) months, calculated according to the last wage received thereby. +3. The provisions of Clause (2) of this Article shall not prejudice the right of the Worker to +the warning allowance and the end -of-service gratuity entitled thereto in accordance +with the provisions of this Decree by law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (48) +Continuity of Employment Contracts +Employment contra cts in force at the time of a change in the form or legal status of the +Establishment shall remain effective, and the new Employer shall be responsible for +implementing the terms of those contracts, in addition to implementing the provisions of +this Decree by law and its Executive Regulation and the resolutions issued in +implementation thereof, as of the date of amending the Establishment's data with the Competent Authorities. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (49) +Transfer of Worker After End of the Employment Contract +In the event of the end of the employment contract in accordance with the provisions of this Decree by law, the Worker may move to work for another Employer in accordance with the +conditions and procedures specified in the Executive Regulation of this Decr ee by law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (50) +Unlawful Absence from Work +1. If the foreign Worker is absent from work, for no legitimate reason, before the end of the +contract period, no other work permit shall be gran ted thereto to join other work in the +State in accordance with the provisions of this Decree by law, for a period of one year as +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 34 + of the date of the absence from work. Also, no other Employer who knows of the +foregoing may employ him or keep him in his serv ice during that period. +2. The Ministry may exempt some job categories, skill levels, or labour from the provisions of Clause (1) of this Article, in accordance with the controls and procedures specified by the Executive Regulation of this Decree by law. +3. The Employer shall notify the Ministry of the incident of absence from work in accordance with the procedures specified in the Executive Regulation of this Decree by law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (51) +End -of-Service Gratuity for Full- Time Workers +1. The national Worker is entitled to an end -of-service gratuity upon the end of his service, +in accordance with the legislation regulating pensions and social security in force in the +State. +2. The foreign full- time Worker, who has completed one or more years of continuous +service, is entitled to an end -of-service gratuity upon the end of his service, calculated +according to the basic wage, as follows: +a. The wage of twenty -one (21) days for each year of the first five years of service. +b. The wage of t hirty (30) days for each year in excess of that. +3. The foreign Worker is entitled to a bonus for parts of the year in proportion to the +amount spent in work, provided that he has completed one year of continuous service. +4. The days of absence from work without pay shall not be included in the calculation of the duration of service. +5. Without prejudice to what is decided by legislation regarding the granting of pensions or retirement benefits to Workers in some Establishments, the end -of-service gratuity shall +be calculated according to the last basic wage received by the foreign Worker, for those who receive their wages by month, week, or day, and according to the average daily wage stipulated in the provisions of this Decree by law for those who re ceive their wages +by piece -meal. +6. The foregoing is provided that the total end -of-service gratuity for the foreign Worker +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 35 + does not exceed two years' wage. +7. The Employer may deduct from the end -of-servic e gratuity any amounts that are due by +law or by a judgment, in accordance with the conditions and procedures specified by the +Executive Regulation of this Decree by law. +8. The Cabinet may, upon the proposal of the Minister and after coordination with t he +Concerned Authorities, approve other alternative systems for the end -of-service gratuity +system, and the decision issued thereby shall specify the conditions, controls and mechanism of contribution to these systems. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (52) +End -of-Service Gratuit y for Workers of Other Types of Work +The Executive Regulation of this Decree by law shall define the mechanism for regulating +the end- of-service gratuity for foreign Workers in work types other than full- time, in a +manner that enhances the efficiency and attractiveness of the labour market, and what the +interests of both parties to the employment contract require. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (53) +Payment of Worker's Entitlement at the End of the Contract +The Employer shall pay the Worker, within fourteen (14) days as of the date of the end of the +contract, his wages and all other entitlements stipulated in this Decree by law and the +resolutions issued in implementation thereof, the contract or the Establishment's Articles of +Association. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (54) +Individual Labour Disputes +The text of article (54) of Federal Decree by Law No. (33) of 2021 Regulating Labour +Relations shall be replaced with the following text: +1. If the Employer, Worker or any beneficiary thereof dis putes concerning any of the rights +entitled to any of them under the provisions of this Decree by law, he is required to apply +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 36 + to the Ministry which shall examine the application and take whatever is considered +necessary for settlement of dispute between t hem amicably. +2. The Ministry shall issue a final decision on the dispute whenever the claim amount subject of the dispute does not exceed (50,000) Fifty Thousand Dirhams, or whenever the dispute was because of the non -adherence of any of the parties to the decision of +amicable resolution of the dispute previously issued by the Ministry and regardless of the claim amount. +3. The Ministry's resolution issued to decide upon the dispute in accordance with its +capacities stipulated in clause (2) of this article , shall have the power of an execution +writ, and it shall be appended with a writ of execution in accordance with the usual +procedures; and any party of the dispute parties may – within (15) fifteen business days +as of the day of notifying him of the resolution, file a case before the Competent Court of +Appeal to examine the dispute. The Court shall schedule a session to examine the case +within (3) three business days and shall rule upon it within (15) fifteen business days as of the date of filing the case ; and the judgment issued by the Court of Appeal – in +accordance with the provisions of this clause – shall be a final judgment. Filing the case +shall result in the suspending the execution of the aforementioned resolution. +4. The Ministry shall, in the ev ent that an amicable settlement is not possible within the +period specified by the Executive Regulation of this Decree by law, refer the dispute to the competent court and such referral must be annexed with a memorandum that +includes a summary of the dispu te, the parties' arguments, and the Ministry's +recommendation. +5. The Ministry may, during the course of the dispute, compel the Employer to continue +paying the Worker's wages for a maximum of two months, if the dispute causes the +Worker's wages to be susp ended, and in accordance with the Executive Regulation of +this Decree by Law. +6. The Minister may issue a resolution to impose other administrative procedures or measures on the Establishment, to avoid that the existing individual dispute may lead to +a col lective labour dispute that would harm the public interest. +7. The competent court shall, within three (3) business days as of the date of receipt of the +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 37 + application, set a date for a session to consider the lawsuit, and a summon to this effect +shall be se rved upon both parties of the dispute and it shall resolve the lawsuit promptly. +8. The competent court shall dismiss the lawsuit if the procedures referred to in article have not been followed. +9. The lawsuit for any rights entitled under the provisions o f this Decree by law shall not be +heard after the lapse of one year as of the date of the maturity of the right claimed. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (55) +Exemption from Judicial Fees +1. Labour lawsuits shall be exempted from judicial fees at all stages of litigation and execution, as well as the requests submit ted by Workers or their heirs of which value +does not exceed one hundred thousand (100,000) AED. +2. The Cabinet may - upon the proposal of the Minister of Justice - amend the value +referred to in Clause (1) of this Article, by increase or decrease, whenever necessary. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (56) +Collective Labour Disputes +1. If the Employer and all Workers of the E stablishment or a group of them have a dispute, +and an amicable settlement is not possible, the Employer or Workers must submit a +complaint to the Ministry in accordance with the controls and procedures specified in +the Executive Regulation of this Decree by law. +2. The Minister may impose administrative procedures or measures on the Establishment, +to avoid that the existing collective dispute may harm the public interest. +3. The Cabinet may - upon the proposal of the Minister - form one or more committ ees +called (the Collective Labour Dispute Committee), to consider collective the labour +disputes which the Ministry is unable to settle amicably. The issued decision shall specify +the formation, tasks, and system of work of such committees, the mechanism f or issuing +and implementing their decisions, and other provisions related to the proper conduct of work before the committees. + +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 38 + " +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (57) +Labour Inspection +1. The Ministry's staff, who are authorised by a decision issued by the Minis ter of Justice in +agreement with the Minister, shall have the capacity of judicial enforcement in proving +what is in violation of the provisions of this Decree by law and its Executive Regulation +and decisions issued in implementation thereof. They shall h ave the right to enter the +relevant establishments, detect violations, and issue the necessary reports. +2. The Executive Regulation of this Decree by law shall define labour inspection +procedures. + + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (58) +Penalties +The application of the penalties stipulated in this Decree by law shall not prejudice any +severer penalty stipulated by any other law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (59) +A fine not less than (20,000) AED and not exceeding (100,000) AED shall be imposed on any +person who: +1. Provides incorrect information or documents with the intention of recruiting a foreigner +to the State to work therein. +2. Obstructs or prevents a Worker assigned to implement the provisions of this Decree by law and its Executive Regulation and the res olutions issued in implementation thereof or +attempts or starts to attempt to prevent him from performing his job, whether by using +force, violence, or by threatening to use force or violence. +3. Discloses a work secret that he has had access thereto by virtue of his work as a public +servant charged with implementing the provisions of this Decree by law and its +Executive Regulation and the resolutions issued in implementation thereof, even after +leaving work. +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 39 + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (60) +A fine not less than (50,000) A ED and not exceeding (200,000) AED shall be imposed on any +person who: +1. Employs a Worker with no permit to work for him. +2. Recruits or employs a Worker and leaves him unemployed. +3. Uses work permits for purposes oth er than those for which they are issued. +4. Closes an Establishment or suspends its activity without taking the procedures for +settling the rights of Workers, in violation of the provisions of this Decree by law, its +Executive Regulation and the resolutions issued in implementation thereof. +5. Employs a juvenile in violation of the provisions of this Decree by law. +6. Agrees to employ a juvenile in violation of the provisions of this Decree by law, who has +guardianship or custodianship over the juvenile. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (61) +A penalty of imprisonment for a period not less than one year and/or a fine not less than two hundred thousand (200,000) AED and not exceeding one million (1,000,000) AED shall be +imposed on any person who exploi ts or misuses the electronic powers granted thereto to +access the Ministry's systems, or enables others to do so, resulting in a disruption in the +labour procedures or relations. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (62) +The fine imposed in accordance with the provisions of this Dec ree by law shall be repeatedly +imposed on Employers according to the number of Workers against whom the violation is +committed, not exceeding ten million (10,000,000) AED. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (63) +A fine not less than five thousand (5,000) AED and not exceeding one m illion (1,000,000) +AED shall be imposed on any person who violates any other provision of this Decree by law, +its Executive Regulation and the resolutions issued in implementation thereof. +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 40 + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (64) +In the event of repetition of any of the violations referred to in this Decree by law and its +Executive Regulation and resolutions issued in implementation of it, before the lapse of one +year as of the previous judgment against the perpetrator for a similar violation, the +perpetrator shall be punished by im prisonment and/or double the fine stipulated in this +Decree by law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (65) +Final Provisions +1. The rights stipulated in this Decree by law represent the minimum rights for Workers, +and the provisions thereof shall not prejudice any of the rights granted to the Worker +under any other legislation, agreement, acknowledgment, system, or employment +contract that grants the Worker rights that are more beneficial than the rights established +under the provisions of this Decree by law. +2. An Employer or Worker may not misapply the provisions of this Decree by law, its +Executive Regulation, and the resolutions issued in implementation thereof. Neither of +them may do any act that would pressure the freedom of the other or the freedom of +other Workers or Em ployers to achieve any interest or point of view adopted thereby, +which is incompatible with the freedom of work or the competence of the authority +competent to settle disputes. +3. Every condition that violates the provisions of this Decree by law, even if it is prior to its entry into force, shall be considered null unless it is more beneficial to the Worker; and every release, reconciliation, or waiver of the rights arising to the Worker under this +Decree by law shall be considered null, if it is in violation of its provisions. +4. The Employer may create and implement organisational programmes or organisational +regulations in the Establishment that are more beneficial to the Worke r than what is +established under the provisions of this Decree by law and its Executive Regulation. If +such programmes and regulations conflict with the provisions of this Decree by law, the +conditions that are more beneficial to the Worker shall apply. +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 41 + 5. The Employer may not review the terms and conditions of the valid employment +contract with the Worker prior to the issuance of this Decree by law, with the aim of +implementing the provisions of this Decree by law, unless such amendments aim to +achieve a greater interest and benefit for the Worker. The employment contract may be +updated upon its expiry in accordance with the provisions of this Decree by law. +6. The Employer or Worker may terminate the indefinite -term employment contract +concluded before the entry into force of this Decree by law, for a legitimate reason after +notifying the other party in writing for a period not less than thirty (30) days if the +service period is less than five (5) years; a period not less than sixty (60) days if the +service period is more than five (5) years; and a period not less than ninety (90) days if +the service period is more than ten (10) years. +7. The amounts of money enti tled to the Worker or his family members under the +provisions of this Decree by law shall have a priority over all the money of the Employer, and they shall be collected directly after the paying the amounts due to the public treasury and the legal alimony awarded to the wife and children. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (66) +Adopted Language +1. Arabic shall be the language adopted in all records, files, data, forms, and others stipulated in this Decree by law, its Executive Regulation and the resolutions issued in +implementation thereof. +2. The Employer is obligated to use Arabic in concluding contracts with Workers, and in writing and publishing instructions and circulars that he is obligated to issue; provided +that, besides Arabic, another language understood by the non -Arabic speaking Worker +shall be used, and the text in the other language shall match the Arabic text, and in the +event case of dispute, the Arabic text shall prevail. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (67) +Calculation of Periods and Dates +The periods and dates referred to in this Decree by law shall be calculated according to the +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 42 + Gregorian calendar; and in the implementation of this Decree by law, a calendar year shall +be deemed as three hundred and sixty -five (365) days, and the month shall be deemed as +thirty (30) days. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (68) +Regularisation +1. The provisions of this Decree by law shall apply to indefinite -term employment +contracts concluded in accordance with the afo rementioned Federal Law No. (8) of +1980. +2. Employers must rectify their situation and convert indefinite -term employment contracts +into fixed -term employment contracts, in accordance with the conditions, controls and +procedures stipulated in this Decree by law within one year as of the date of its entry +into force; and the Minister may extend this period for other periods as required by the +public interest. +3. Subject to the provisions of Clause (2) of this Article, the Employer may calculate the +end- of-service gratuity in accordance with the provisions of the indefinite -term +employment contract stipulated in the aforementioned Federal Law No. (8) of 1980. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (69) +Grievance Against Ministry's Decisions +The parties to the labour relation may file a grievance against the decisions issued by the +Ministry in accordance with the procedures specified in the Executive Regulation of this +Decree by law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (70) +Powers of the Cabinet +For the purposes of thi s Decree by law, the Cabinet shall: +1. Approve the conditions, controls, and procedures for classifying the Establishments subject to the provisions of this Decree by law, and the privileges offered for each +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 43 + category of these Establishments. +2. Approve the conditions, controls and procedures for classifying the skill levels of +labourers in the labour market subject to the provisions of this Decree by law, and the +privileges offered for each level. +3. Approve the conditions, controls and procedures for employing students of educational +institutions accredited in the State, in a manner that enhances the efficiency of the labour market and the competitiveness of labourers and enables Employers to benefit from human capabilities. +4. Approve the condition s and controls for employing disabled persons in the State, in jobs +appropriate to them and their physical, technical and intellectual abilities; determining +their rights, duties and privileges, in a manner that contributes to empowering this +category and involving them in the development process; and motivating Employers to +employ them and provide all means of support and empowerment to them. +5. Adopt policies, legislation and systems that would regulate the labour market in the +State, enhance the partic ipation of the State's citizens in the labour market, and motivate +Employers to attract and employ citizens. +6. Issue decisions that would limit the repercussions of any general exceptional +circumstances that the State is going through on the labour sect or in the State. +7. Change the periods, percentages, or values contained in this Decree by law, according to +the changes and needs of the labour market, and what is required by the public interest. +8. Determine the fees necessary to implement the provisions of this Decree by law and its +Executive Regulation. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (71) +Competences of the Ministry +For the purposes of this Decree by law, the Ministry shall: +1. Propose policies, strategies and legislation regarding the following: +a. Encouraging and motivating Establishments to invest in training and empowering +Workers, and raising their skill level, efficiency, and productivity. +b. Adopting modern and technological techniques and attracting the best competencies +Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations 44 + according to the requirements of the labour market in the State to raise productivity. +c. Training students of public and higher education institutions accredited in the State. +2. Developing unifie d models for the organisational regulations for labour relations in +Establishments and issuing controls and mechanisms for their adoption in the interest of +the Worker and the Employer. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (72) +The Executive Regulation +The Cabinet shall - upon the proposal of the Minister - issue the Executive Regulation of this +Decree by law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (73) +Repeals +1. Federal Law No. (8) of 1980 Regulating the Labour Relations shall be redeemed. +2. Any provision that violates or contradicts the provisions of this Decree by law is hereby +repealed. +3. The resolutions, systems, and rules in force before the entry into force of the provisions +of this Decree by law shall remain in force in a manner that does not conflict with its +provisions until the issuance of their replacements in accordance with the provisions of this Decree by law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations,"Article (74) +Publication & Enforcement of this Decree by law +This Decree by law shall by published in the Official Gazette and shall come into force as of +02 February 2022. +Khalifa h Bin Zayed Al Nahyan +President of the United Arab Emirates + +Issued by us at the Palace of the Presidency in Abu Dhabi: +On: 13/Safar/1443H +Corresponding to: 20/September/2021 " +"labour, residency and leberal professions",Cabinet Resolution No (106) Of 2022 Concerning The Executive Regulations Of Federal Decree-Law No. (9) Of 2022 On Domestic Workers,"Article (1) +Definitions +The definitions set out in Federal Decree -Law No. (9) of 2022, referred to hereinabove , +shall be applied; otherwise, the following words and expressions shall have the meanings +assigned thereto respectively, unless the context requires otherwise: +Law : Federal Decree -Law No. (9) of 2022 on Domestic Workers. +Preliminary +Agreement : A written agreement between a Domestic Worker +recruitment office and a Recruitment Agency abroad, which +provides for the conditions and qualifications to be fulfilled +by the Domestic Worker, based on the agreement concluded Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Law of 20 22 on Domestic +Workers 2 + between the Employer and the Domestic Worker recruitment +office. +Suspension of +Employer’s File : An action to be taken by the Ministry whereby the Employer +is not granted a permit for recruiting a Domestic Worker for +violating the provisions of the Law, the p resent Resolution or +the governing resolutions thereof, as per the time limits and +procedures set by the Ministry. + +" +"labour, residency and leberal professions",Cabinet Resolution No (106) Of 2022 Concerning The Executive Regulations Of Federal Decree-Law No. (9) Of 2022 On Domestic Workers,"Article (2) +Domestic Worker Occupations +The Domestic Worker occupations governed by the provisions of the Law and the present +Resolution shall be according to Schedule No. (1) attached to the present Resolution . + +" +"labour, residency and leberal professions",Cabinet Resolution No (106) Of 2022 Concerning The Executive Regulations Of Federal Decree-Law No. (9) Of 2022 On Domestic Workers,"Article (3) +Conditions for Licensing Domestic Worker Recruitment Offices +1. The following conditions shall be fulfilled to obtain a license for a Domestic Worker +recruitment office: +a. A person in a sole proprietorship or any partner in a legal person has never been +convicted of a crime involving mor al turpitude or breach of trust, a human +trafficking crime or the crimes set forth in the Law, unless he has been rehabilitated , +if he is sentenced to a custodial penalty or following the lapse of one year from the +judgment d ate if a fine is ruled. +b. The sole proprietorship or legal person shall provide to the Ministry a bank +guarantee in an a mount not less than, throughout the effective term of the license, +(AED 500,000) five hundred thousand dirhams, which shall be automatically +renewed , or provide security as an alternative to the guarantee, a s per the +mechanisms set by the Ministry. The Ministry may, as per the assessment of the risk +factor, request to increase the bank guarantee amount. The Ministry may allocate +the guarantee or security , in whole or in part, for the payment of any amounts Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Law of 20 22 on Domestic +Workers 3 + payable by the Domestic Worker recruitment Office to the Domestic Worker, +Employer or the Ministry for its failure to carry out its obligations , its failure to +comply with the instructions and decisions issued to it or its failure to pay any fine +that may be imposed on it. In all cases, the office shall replenish any shortage in the +guarantee amount within (30) thirty days from the shortage date. +c. A credit report shall be submitted by the license applicant and shall reflect its +financial position , whether the license applicant is a person, sole proprietorship or +partners in a legal person , provided that such report is issued by the competent +authority . +d. In case of combination of the activity of Mediation for recruiting Domestic Workers +and the activity of the Temporary Employment of Domestic Workers, a separate +license shall be obtained for each activity, in accordance with the conditions, +requirements and fees required for each activity. +e. Any other conditions set by a resolution of the Minister shall be met . +2. The license issued by the Ministry to the Domestic Worker office shall be annually +renewed, subject to the continuous fulfillment of all conditio ns required for the +license. +3. The Ministry may refrain from granting a license to the Domestic Worker recruitment +office in the following cases: +a. Where a licen se has been obtained and has been revoked or terminated by the +Ministry for any reason whatsoever . +b. Where a violation of the legislation in force and the regulations applicable in the +Minist ry is repeated by the license applicant ; and +c. Any other cases decided by the Ministry. +4. The Minister shall issue regulations on the mechanisms for licensing the practice of +the Dom estic Worker recruitment office activity should the office provide its services +via digital channels. +5. The license holder may not assign or sublet the license to third parties or introduce +any change to the partners , either by addition or substitution, without obtaining the +approval of the Ministry, as per the regulations applicable there in. Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Law of 20 22 on Domestic +Workers 4 + " +"labour, residency and leberal professions",Cabinet Resolution No (106) Of 2022 Concerning The Executive Regulations Of Federal Decree-Law No. (9) Of 2022 On Domestic Workers,"Article (4) +Obligations of Domestic Worker Recruitment Offices +In addition to the obligations prescribed for Domes tic Worker recruitment offices set out +in article s (4) and (5) of the Law and the resolutions issued by the Ministry, they shall +comply with the followin g: +1. Before having a Domestic Worker recruited for employment in the State, a +Dom estic Worker recruitment office shall: +a. Have the Domestic Worker medically examined to ensure h is medical fitness for +the wo rk he will perform, in terms of his physical, mental, and psychological +ability, and that he does not suffer from any chronic or infectious disease , as per +the cases identified by the accredited medical authorities in the State, or from any +health conditio ns that would reduce his ability to accomplish the work . +b. Make the Domestic Worker aware of all conditions required by the Employer to +be fulfilled by the Worker, including experience and educational qualifications . +c. Ensure the availability of a certificate of experience in the r equired profession if it +is among professions where the State requires certain certificates, such as nursing +and car driving. +d. Allow the Domestic Worker to review the job offer corresponding to the contract +form to be concluded between him and the Employer and obtain his signature for +approval . +e. Provide a certificate from the relevant authorities in the country of the Domestic +Worker certifying that he does not have criminal record s and that he is of good +conduct and behavior in the cases identified by the Ministry. +f. Provide a document pro ving that the office deals with officially accredited entities +in the State from which the Domestic Worker is recruited. +g. Provide a document stating its direct responsibility for paying any amounts as a +commission to facilitate the Domes tic Worker ’s arrival to the State and conclude +the contract, without charging the worker for such amounts; and +h. Perform any other obligations determined by a resolution of the Minister. Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Law of 20 22 on Domestic +Workers 5 + +2. Obligations Towards Recruitment Agencies Outside the State: +a. To meet the conditions and controls set forth in memoranda of understanding +signed by the Ministry with the s tate in which the agency is located, along with +disclosing to the Min istry the number and detail s of Domestic W orkers allocated +to the office. +b. To sign a Preliminary A greement w ith Recruitment Agencies abroad providing for +the conditions and qualifications required to be fulfilled by the Domestic Worker, +as well as the obligations and responsibilities towards him. +c. To prohibit any dealing with any Recruitment Ag ency, office, or person or with any +unlicensed entity abroad . In all cases, the Ministry may, based on reasons it deems +appropriate , prevent the office from dealing with any R ecruitment Agency or any +entity abroad . +d. To perform a ny other obligations determined under a resolution issued by the +Minister. +3. Obligations To wards the Ministry: +a. To adhere to strict confidentiality with regard to all data and information ac cessed +by the office in the course of practicing its activity, and not to use such data and +information nor publish or provide the same to other entities without the +Ministry’s approval. +b. To comply with the limits of fees o f Domestic Recruitment offices prescribed by +the Ministry for the services provided to the Employer or the Beneficiary, pursuan t +to the provisions of the Law, and not to collect any extra amounts. +c. To comply with the government service fe es determined by the Cabinet for the +services provided to clients and not to collect any extra amounts. +d. To provide a ll services of Domestic W orkers, including the provision of service +packages circulated by the Ministry at the rates approved there by. +e. To use electronic systems and software identified by the Ministry. +f. To conclude E mployment Agreements according to the forms approved under the +Ministry’s system. Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Law of 20 22 on Domestic +Workers 6 + g. To draft and manage records in such a manner as identified by the Ministry. +h. To create a database according to the forms and standar ds set by the Ministry, so +that it includes full information about Empl oyers being dealt with , their addresses +and categories of Domestic Worke rs recruited by the office and keep the same for +a period not less than (10) ten years. +i. Not to make its wo rkers available for recruitment by an Employer whose file is +suspended in the Ministry’ s system, exc ept in c ase of Temporary Employment and +subject to the Ministry’s approval. +j. To perform a ny other obligations established under a resolution issued by the +Minister. +4. Obligations Towards Employers: +a. To enter into a contract between it and the Employer/Beneficiary to govern the +obligations pertaining to the recruitment and employment of Domestic Worke rs, +as per the form approved in the Ministry’s system. +b. To recruit a Domesti c Worker as set out in the Preliminary A greement. +c. To perform a ny other obligations established under a resolution issued by the +Minister. +5. Where a Domestic Worker’s recruitment is made by designation /direct recruitment, +the Domestic Worker recruitment office shall be exempted from the obligations set +out in Paragraphs (b, c and g ) of Clause (1) of this article, provided that such +exemption does not prejudic e the public interest. +6. The Minister may, where neces sary, adjust the obligations set forth in this article , +taking into account the public interest. + + + + + + + Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Law of 20 22 on Domestic +Workers 7 + " +"labour, residency and leberal professions",Cabinet Resolution No (106) Of 2022 Concerning The Executive Regulations Of Federal Decree-Law No. (9) Of 2022 On Domestic Workers,"Article (5) +Procedures for Licensing Domestic Worker Recruitment Offices and +Renewing Their Licenses +The Minister shall issue a resolution stating the procedures and conditions for issuing and +renewing the licenses of Domestic Worker recruitment office s, as well as the cases and +procedures of suspension or revocation of their license s. + +" +"labour, residency and leberal professions",Cabinet Resolution No (106) Of 2022 Concerning The Executive Regulations Of Federal Decree-Law No. (9) Of 2022 On Domestic Workers,"Article (6) +Cases of Refunding the Fees for Recruiting the Domestic Worker to the +Employer +1. A Domestic Worker recruitment office shall refund to the Employer t he amount, in +whole or in part, paid by the latter in any of the following cases: +a. Lack of occupational competence and lack of good conduct of the Domestic +Worker throughout the Probation Period. +b. In case that the Domestic Worker terminates the contract or leaves the work in +cases other than the ones set out in article (10) of the present Resolution . +c. In case that the contract is terminated by the Employer for non -fulfillment of the +conditions agre ed upon in the Preliminary Agreement or the contract con cluded +between the Employer and the Domestic Worker recruitment office. +d. Any other cases identified under a resolution issued by the Minister. +2. The amount referred to in Clause (1) of this article , which shall be refunded by the +Domestic Worker office to the Employer, sh all be calculated as follows : (total cost of +recruitment /term of the Employment Agreement of the Domestic Worker in months) +x the remai ning period of the E mployment Agreement term. +3. Notwithstanding Clause (2) of this article , and in case of the occurrence of any of the +cases mentioned in Clause (1) of this article throughout the first month of the +Dome stic Worker ’s service, or where it is proved that the Dome stic Worker is +physically unfit during the Probation Period, the of fice shall refund the full fees for +recruitment to the Employer. Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Law of 20 22 on Domestic +Workers 8 + 4. In all the cases set out in this article, the Domestic Worker recruitment offi ce shall be +exempted from refunding the prescribed amount where the Domestic Worker is +recruited by designation/direct recruitment. +5. In addition to the Dom estic Worker recruitment office’ s obligation to refund fees for +recruitment to the Employer, it shall be bound to refund any government fees borne +by the Employer if it is proved , throughout the Probation Period , that the Domestic +Worker is physically unfit to perform the required domestic service. +6. The office shall refund the amounts mentioned above to the Employer within two +weeks from the date of returning the worker to the Domestic Worker recruitment +office or notification of his absence from work. +7. Where a Domestic Worker recruited by designation by name desires, throughout the +effective term of the first co ntract, to transfer to a new Employer, the new Employer +shall pay to the ori ginal Employer part of the amount that had been paid by the latter +to the Dom estic Worker recruitment office. Such amount sh all be calculate d according +to the same formula set out in Clause (2) of this article , in addition to paying +government fees that had been paid by the origina l Employer for the recruitment and +employment of the Domestic Worker, unless otherwise agreed upon between the +original Employer and the new Employer. +8. If the Domestic Worker, following the renewal of his contract, desires to transfe r to a +new Employer, the latter shall, in such case , pay any government fees that had been +paid by the original Employer to renew the contract if such transfer is made within the +first three months from the contract renewal, unless otherwise agreed upon between +the original Employer and the new Employe r. + +" +"labour, residency and leberal professions",Cabinet Resolution No (106) Of 2022 Concerning The Executive Regulations Of Federal Decree-Law No. (9) Of 2022 On Domestic Workers,"Article (7) +Arrangement of Working Hours and Daily Rest +The Employer may arrange the Domestic Worker ’s working hours to carry out the work +assigned over the day, as required by the nature of work or housework; provided that the +daily rest period of t he Domestic Worker is not less than (12) twelve hours a day, including Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Law of 20 22 on Domestic +Workers 9 + at le ast (8) eight consecutive hours. Times spent by the Domestic Worker without work, +break time or food time shall not be calculated within the actual working hours. + +" +"labour, residency and leberal professions",Cabinet Resolution No (106) Of 2022 Concerning The Executive Regulations Of Federal Decree-Law No. (9) Of 2022 On Domestic Workers,"Article (8) +Weekly Rest +A Domestic Worker shall be entitled to one -day weekly rest to be determined as agre ed +upon between him and the Employer. However, the Em ployer may employ the worker on +the day o f weekly rest; provided th at the worker is entitled to another rest day alternative +to the one he worked on or to compensation equivalent to the wage of such day, taking +into account that a worker may not be employed for more than two rest days in two +consecutive weeks, unless otherwise agreed upon . + +" +"labour, residency and leberal professions",Cabinet Resolution No (106) Of 2022 Concerning The Executive Regulations Of Federal Decree-Law No. (9) Of 2022 On Domestic Workers,"Article (9) +Temporary Employment and its Conditions +1. The provi sions of the Law shall appl y to a Domestic Worker who is employed on a +Temporary Employment basis, with regard to governing his relationship with both the +Domestic Worker recruitment office and the Beneficiary. +2. The Temporary Employme nt shall be subject to the following conditions: +a. The Domestic Worker recruitment office shall be licensed pursuant to the +provisions of the Law and its Executive Regulations. +b. The Domestic Worker who works on the basis of Temporary Employment shall +reside at the W orkplace identified by the Beneficiary, unless otherwise agreed +upon between both the Beneficiary and the Domestic Worker recruitment office; +and +c. A cont ract shall be concluded between the Domestic Worker recruitment office +and the Beneficiary , as per th e form prepared by the Ministry, and a copy thereof +shall be delivered to the Domestic Worker, as per the mechanisms identified by +the Ministry. Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Law of 20 22 on Domestic +Workers 10 + d. A Domestic Worker recruitment office may not, in its capacity as the Employer, +refrain from implementing any of the obligations required from it towards the +Domestic Worker due to the Beneficiary’s failure to fulfil the agreement concluded +there with. However , the office shall be responsible , jointly with the Beneficiary , +for performing such obligations, while preserving all legal rights of the office +towards such Beneficiary. + +" +"labour, residency and leberal professions",Cabinet Resolution No (106) Of 2022 Concerning The Executive Regulations Of Federal Decree-Law No. (9) Of 2022 On Domestic Workers,"Article (10) +Cases of the Domestic Worker ’s Leave of Work +1. A Domestic Worker may leave work in t he cases indicated below, while reserving his +rights, two weeks after notifying the Min istry of any of such cases, and the Employer ’s +failure to address th e reasons for leaving the work, namely: +a. Reduction of his Wage below th e agreed wage indicated in the E mployment +Agreement . +b. Failure of the Employer to fulfil their obligation s under the E mployment +Agreement . +2. A Domestic Worker ma y leave the work without notice if he is assaulted or humiliated +by the Employer or the Employer’s representative or in any form of sexual assault +punishable under the legislation in force in the State. In all cases, a Domestic Worker +shall report to the competent authorities promptly after being assaulted and serve a +notification to the Ministry within (3) three days from the date of leaving the work. +3. In all cases, a Domestic Worker shall return to the Domestic Worker recruitment office +that ha d recruited him to stay therein or specify another place for staying in, al ong +with indicating a means of communication with him and notifying the Ministry of the +same. +4. In any of the above cases, and without prejudice to the worker’s right to reserve his +rights for the period of his work, the Domestic Worker may transfer to anot her +Employer or leave the country, in accordance with the controls and procedures set +under a resolution issued by the Minister. Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Law of 20 22 on Domestic +Workers 11 + " +"labour, residency and leberal professions",Cabinet Resolution No (106) Of 2022 Concerning The Executive Regulations Of Federal Decree-Law No. (9) Of 2022 On Domestic Workers,"Article (11) +Work for Third Parties +1. A Domestic Worker may work for any person other than the employer, or the +Beneficiary mentioned in the E mployment Agreement only according to the +procedures identified by the Ministry. +2. Notwithstanding Clause (1) of this article , a Domestic Wor ker may be allowed to work +with any relative of the Employer up to the second degree, subject to the Domestic +Worker’s consent. + +" +"labour, residency and leberal professions",Cabinet Resolution No (106) Of 2022 Concerning The Executive Regulations Of Federal Decree-Law No. (9) Of 2022 On Domestic Workers,"Article (12) +Occupational Health and Safety Requirements +1. The Employer and Domestic Worker recruitment offices shall inform the Domestic +Worker, upon his employment, of his occupational hazards and the means of +prevention that shall be adopted by him and shall provide him wit h personal +protective equipment against occupational hazards and diseases, such as wears, +gloves, shoes and other tools and means that ensure his health and physical safety. +Moreover, the Employer shall provide necessary measures to protect the worker from +occupational hazards and diseases. +2. The Domestic Worker shall com ply with the instructions related to employment +security and safety and shall use preventive equipment and undertake to exercise due +care of such equipment in his possession . He shall not perform an act that may cause +failure to implement the said instruction s or misuse or inflict harm or damage on the +means intended to protect his health and safety. + +" +"labour, residency and leberal professions",Cabinet Resolution No (106) Of 2022 Concerning The Executive Regulations Of Federal Decree-Law No. (9) Of 2022 On Domestic Workers,"Article (13) +Settlement of Disputes +1. If a dispute arises out between the Domestic Worker and t he Employer and they fail +to settle it amicably, they shall refer it to the Ministry through the channels determined +by the Ministry. Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Law of 20 22 on Domestic +Workers 12 + 2. Once the Ministry receives the dispute, it shall follow the following procedures: +a. Present the dispute to the competent department at the Ministry or any other +entity determined by t he Ministry, which shall serve a notice to the parties to t he +compliant at the address mentioned in the compliant file to appear before it. +Where no address is mentioned in the compliant file, the notice shall be served to +the address listed in the Ministry’s files. +b. A competent legal researcher shall, after hearing the statemen ts of both parties , +propose reconciliation according to the applicable rules in the Ministry. +c. Where the amicable settlement between the parties to the dispute is impossible, +the Ministry shall refer the matter, together with a legal opinion, to the competent +court within two w eeks from the date on which the complaint is filed. +d. The complainant shall keep the Ministry informed of the matters taken place on +the hearing and adjudication of the acti on. +3. In all ca ses, no action may be admissible before the competent court before the +procedures set forth in this article are followed. +4. The Minister may issue a resolution establishing the contro ls and procedures to be +followed in case that a labor dispute causes the Domestic Worker’ s discontinuation of +his work with the Employer . + +" +"labour, residency and leberal professions",Cabinet Resolution No (106) Of 2022 Concerning The Executive Regulations Of Federal Decree-Law No. (9) Of 2022 On Domestic Workers,"Article (14) +Adjustment of the Domestic Worker ’s Status +A Domes tic Worker whose work permit is revoked or has expired shall adjust his status or +leave the State, pursuant to the laws, regulations and resolutions applicable in the State in +this regard. + +" +"labour, residency and leberal professions",Cabinet Resolution No (106) Of 2022 Concerning The Executive Regulations Of Federal Decree-Law No. (9) Of 2022 On Domestic Workers,"Article (15) +Cases of Suspension of the Employer’s File +The Ministry may suspend an Employer’s file in one of the following cases: Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Law of 20 22 on Domestic +Workers 13 + 1. Where the Employer commits a material breach of its obligations established by the +Law, the present Resolution and the reso lutions issued by the Ministry, or the +Agreement concluded with the Domestic Worker. +2. Failure to pay the Wage agreed upon in the Employment Agreement for more than +two months. +3. Where it is proved th at the Employer or on e of his family member has assaulted or +exposed the Domestic Worker to violence or harassment. +4. Where it is proved that a report of absence from w ork reported by the Employer is +invalid. +5. Any other cases decided by the Ministry. + +" +"labour, residency and leberal professions",Cabinet Resolution No (106) Of 2022 Concerning The Executive Regulations Of Federal Decree-Law No. (9) Of 2022 On Domestic Workers,"Article (16) +Administrative Penalties +1. Subject to the provisions related to the penalties set out in the Law, if the obligations +set out in the Law and the present Resolution are breached, the Ministry may impose +the administrative penalties set out in Schedule No. (2) attached to the present +Resoluti on to persons or Domestic Worker recruitment offices. +2. Persons or offices subject to the administrative penalties set out in Schedule No. (2) +attached to the present Resolution may file a grievance according to the mechanisms +approved by the Minister. + +" +"labour, residency and leberal professions",Cabinet Resolution No (106) Of 2022 Concerning The Executive Regulations Of Federal Decree-Law No. (9) Of 2022 On Domestic Workers,"Article (17) +General Provisions +1. The provisions of this Resolution shall apply to Agreements to be concluded after the +provi sions thereof enter into force and shall apply to Agreements concluded before +the entry into force upon the renewal of such Agreements or residence. +2. The Minister shall be authorized to iss ue a resolution determining the minimum +monthly sala ry/income of a foreign resident if he desires to recr uit or employ a +Domestic Worker, and he may set any other controls in this regard. Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Law of 20 22 on Domestic +Workers 14 + " +"labour, residency and leberal professions",Cabinet Resolution No (106) Of 2022 Concerning The Executive Regulations Of Federal Decree-Law No. (9) Of 2022 On Domestic Workers,"Article (18) +Repeals +Cabin et Resolution No. (22) of 2019 Issuing the Executive Regulations of Federal Law No. +(10) of 2017 on Domestic Workers is hereby repealed. Moreover, any provision +repugnant or contradicting the provisions of this Reso lution is hereby repealed. + +" +"labour, residency and leberal professions",Cabinet Resolution No (106) Of 2022 Concerning The Executive Regulations Of Federal Decree-Law No. (9) Of 2022 On Domestic Workers,"Article (19) +Implementing Resolutions +The Minister shall issue the resolutions necessary for implementing the p rovisions of this +Resolution. + +" +"labour, residency and leberal professions",Cabinet Resolution No (106) Of 2022 Concerning The Executive Regulations Of Federal Decree-Law No. (9) Of 2022 On Domestic Workers,"Article (20) +Publication and Enforcement +This Resolution shall be published in the Official Gazette and shall ente r into force as of +the date of entry into force of the Law. + + + + + +Mohammed bin Rashid Al Maktoum +Prime Minister + +Issued by us: +On: 06 Jumada A l-Awwal 1444 A H +Corresponding to: 30 November 2022 AD + Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Law of 20 22 on Domestic +Workers 15 + Schedule No. (1) +Occupations of Domestic Workers +Annexed to Cabinet Resolution No. (106) of 2022 Concerning the +Executive Regulations of Federal Decree -Law No. (9) of 2022 +on Domestic Workers + +Occupations of Domestic Workers +1 Servant +2 Sailor +3 Janitor +4 Herder +5 Parking Attendant +6 Camel Trainer +7 Falconer +8 Worker +9 Housekeeper +10 Cooker +11 Babysitter +12 Farmer +13 Gardener +14 Private Trainer +15 Private Tutor +16 Home Caregiver +17 Personal Assistant +18 Private Agronomist +19 Chauffeur + + + Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Law of 20 22 on Domestic +Workers 16 + Schedule No. (2) +Violations and Administrative Penalties +Annexed to Cabinet Resolution No. (106) of 202 2 Concerning the +Executive Regulations of Federal Decree -Law No. (9) of 2022 +on Domestic Workers + +First: Violations of Recruitment Offices +S N Description of the Violation Fine in AED +1 Failure to comply with the service package prices ap proved +by the Ministry or enter ing into a contract outside the +electronic systems. AED (5,000 ) per +case +2 Failure to use contract forms approved by the Ministry. AED (5,000 ) per +case +3 Presenting C.V of a Domestic Worker who has committed a +violation or against whom a complaint about his absence +from work is filed or enter ing into a contract with an +Employer for such worker . AED (5,000 ) per +case +4 To enter into a contract for a Domestic Worker who fails to +undergo the medical examination or to fulfill the conditions +for residence. AED (5,000 ) per +case +5 Failure to present service package prices approved by the +Ministry at a prominent place for clients. AED (2,000) +6 Failure to make the Domestic Worker available to the +Employer within the period agreed upon his recruitment for +work from outside the Sta te. AED (100) per day +up to AED (1,000) + +7 Failure to refund the recruitment amount, in whole or in +part, to the Employer within the time limit set out in the +Regulations (two weeks from the date of returning the +AED ( 2,000 ) per +case Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Law of 20 22 on Domestic +Workers 17 + Domestic Worker to the Domestic Worker recruitment +office, or from the date of reporting his absence from work). + +8 To entrust administrativ e or operational work of a +Dom estic Worker recruitment office to individuals, +company or establishment without the prior approval of +the Ministry. +AED (10,000) + +9 To collect any additional amounts other than the ones +prescribed pursuant to the laws, regulations and ministerial +resolutions issued in that respect. +AED (5,000 ) per +case +10 Failure to replenish the bank guarantee amount required +for the license within one month from the date of its +shortage. AED (10,000 ) per +case + +11 Closure of a Domestic Worker recruitment office or +suspension of the practice of the activity without obtaining +the prior approval of the Ministry. +AED (5,000) +12 Introduc e an a mendment to partners in the trade license +without obtaining the prior approval of the Ministry. AED (10,000) +13 Provid e any commercial or government services without +obtaining the prior approval of the Ministry. AED (10,000) +14 Failure to make a Domestic Worker aware of the authorities +competent to examine his compliant on any abuse of his +rights or liberties. AED (1,00 0) per +Domestic Worker + +15 Failure to meet the conditions and controls set forth in the +memoranda of understanding signed by the Ministry with +the states from which the Domestic Worker is recruited, or +failure to disclose to the Ministry the number and details of +the Domestic Workers allocated to the Domestic Worker +recruitment office. + +AED (5,000) Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Law of 20 22 on Domestic +Workers 18 + +16 Deal with any Recruitment Agency, person, of fice or any +other entity unlicensed in the State or in the state from +which the Domestic Worker is recruited, or deal with any +foreign entity which the Ministry prohibits dealing +therewith. +AED (10,000) + +17 To enter into a contract with an Employer whose file is +administratively suspended by the Ministry, apart from the +Temporary Employment subject to the prior approval of the +Ministry. +AED (2,000) +18 Failure to train the Domestic Worker using the guidance +materials approved by the Ministry. AED (1,000) per +Domestic Worker +19 + Failure to comply with any of the regulations, circulars, +resolutions, undertakings and other work manuals issued +by the Ministry for Domestic Worker recruitment offices. AED (5,000) + +Second : Violations of the Employer +S N Description of the Violation Fine in AED +1 Filing a malicious or fictitious report on the worker’s +absence from work. AED (5,000) per +Domestic Worker + +2 Where it is proved that incorrect documents or data are +submitted for obtaining a service or benefit. Not less than AED +(1,000) and not +more than AED +(10,000) per case + + +3 Failure to comply with the approved occupational health +and safety requirements and health prevention methods, as +set out in Federal Decree -Law No. (9) of 2022 on Domestic +Workers, and its Executive Regulations and the +implementing resolutions thereof, or any other legislation +in force in the State. Not l ess than AED +(1,000) and not +more than AED +(10,000) per case Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Law of 20 22 on Domestic +Workers 19 + +4 Employing a Domestic Worker without o btaining a work +permit for him, or failure to employ a Domestic Worker for +whom a work permit is issued or let him work f or third +parties without compliance with the conditions and +without adjusting his status. + AED (5,000) per +Domestic Worker +in breach + +5 Where it is proved that a Domestic Worker’s Wage is not +paid according to the regulations and time limits set by the +Ministry. Not less than AED +(500) and not +more than AED +(5,000) per +Domestic Worker +6 Where it is proved that the Employer or one of his family +member has assaulted or exposed t he Domestic Worker to +violence or harassment. AED (20,000) per +case + + +7 Where it is proved that the Domestic Worker is not +provided with proper accommodation or his needs are not +provided, including meals and proper clothes for the work +performance, o r that the Domestic Worker is employed in +an occu pation approved by the Ministry different from his +work nature without his consent. Not less than AED +(1,000 ) and not +more than AED +(10,000 ) per +Domestic Worker + + + + +8 Where it is proved that the Domestic Worker’s medical +treatment costs are not borne, as per the health system +applicable in the State, or that the necessary compensation +arising from occupational injuries and diseases is not paid , +as per the compensation established in the pr ovisions of +Decree -Law No. (33) of 2021 Regulating Labor Relations, +referred to hereinabove, and the resolutions issued in +implementation thereof. Such Employer’ s obligation shall +lapse only if the company pays the compensation set out in +this Item. + +Not less than A ED +(500 ) and not +more than AED +(5,000 ) per case Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Law of 20 22 on Domestic +Workers 20 + 9 Maintaining supporting documents of the Domestic +Worker. AED (500) per +Domestic Worker +10 Failure to register a Domestic Worker in the Wage +protection system, as per the mechanism issued by the +Ministry. AED (100) per +Domestic Worker + " +"labour, residency and leberal professions",Federal Decree by Law No. (47) of 2021 Concerning the Unified General Rules of Employment in the United Arab Emirates,"Article (1) +Definitions +In application of the provisions of this Law by Decree, the following words and phrases shall have the meanings assigned to each of them, unless the context otherwise requires: + State : United Arab Emirates. + Law : The Law regulating human resources in the Federal +Government Sector or labour relations in the private sector in +the States, and their executive regulations and resolutions +issued in implementation thereof. +Establishment(s) : + Every economic, technical, i ndustrial or commercial unit, or any +other unit approved in the State, which aims to produce or +Federal Law by Decree No. (47) of 2021 Concerning the Unified General Rules of Employment in the United Arab +Emirates 2 + market commodities or to provide services, and which is +subject to the provisions of this Law by Decree and licensed by +the Competent Authorities. + + Employer : The federal government entity, or any of the private sector +establishments in the State, as the case may be. +Employee/ +Worker : Every natural person who is an employee working for Federal +Governmental Authorities or a worker working in one of the +licen sed Establishments in the Private Sector in the State. +Employment +Contract : Every agreement concluded between the Employer and the +Employee or Worker, in which the latter commits to work for +the Employer and under its supervision and di rection, in return +for a wage that the Employer is obligated to pay, according to +the contract forms specified by the Law. + Basic Wage : The wage specified in the employment contract, which is +received by the Employer or Worker in return for his work +und er the employment contract, on a monthly, weekly, daily, +hourly or piece -meal basis, and does not include any other +allowances, bonuses or benefits in kind. + Wage : The basic wage, plus the cash allowances and bonuses and +benefits in kind that are decide d for the Employer or Worker. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (47) of 2021 Concerning the Unified General Rules of Employment in the United Arab Emirates,"Article (2) +Objectives of the Law by Decree +This Law by Decree aims to achieve the following: +1. Setting and unifying the general rules of labour for all job occupants and workers in the +state. +2. Enhancing the efficiency, attractiveness and sustainability of the labour market by +ensuring the protection of the parties to the relationship and its developments. +3. Determining the rights of all employees and workers in the State in a balanced manner. +Federal Law by Decree No. (47) of 2021 Concerning the Unified General Rules of Employment in the United Arab +Emirates 3 + 4. Creating balance and integration with regard to the attractiveness and efficiency of the +work environment between the public and private sectors. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (47) of 2021 Concerning the Unified General Rules of Employment in the United Arab Emirates,"Article (3) +Scope of Application +1. This Law by Decree shall apply to job occupants subject to the provisions of the Human Resources Law in the Federal Government and its Executive Regulation, as well as to +workers in the private sector in the State whose provisions are regulated by the Law +Regulating Labour Relations. +2. The Cabinet may, upon the proposal of the Minister of Human Resources and +Emiratisation, exclude any category from being subject to the provisions of this Law by Decree. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (47) of 2021 Concerning the Unified General Rules of Employment in the United Arab Emirates,"Article (4) +Equality and Non -Discrimination +Discrimination between persons, on the grounds of race, colour, sex, religion, nationality, +social origin, or disability is prohibited, which would weaken equal opportunities or would +prejudice equality in obtaining or continuing a job or work and enjoying its rights. +Discrimination is prohibited in jobs with the same job functions. +Rules and procedures that enhance the participation of the State's citizens in the labour +market are not deemed as discriminatory as stipulated in this Article. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (47) of 2021 Concerning the Unified General Rules of Employment in the United Arab Emirates,"Article (5) +General Controls for Work +1. The relationship between the Employer and the Employee or Worker shall be regulated +under a fixed -term employment contract. The Law shall define the conditions, controls +and procedures for contracting, and the obligations of both parties to the relationship. +2. It is prohibited to hire or employ persons under the age of eighteen (18) years. The Employer may hire or employ a person who has completed fifteen (15) years of age in +Federal Law by Decree No. (47) of 2021 Concerning the Unified General Rules of Employment in the United Arab +Emirates 4 + accordance with the rules and cases determined by the regulating legislation in t his +regard. +3. The Employer may appoint the Employee or Worker under the Probation Period for a +period not exceeding six (6) months as of the date of commencing work; and the Law shall determine the provisions in this regard. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (47) of 2021 Concerning the Unified General Rules of Employment in the United Arab Emirates,"Article (6) +Types of Work +1. The work types that be contracted shall be according to the following: +a. Full- time: Working for one Employer for the full daily working hours throughout +business days, whether from the workplace, remotely, or a hybrid work type, based on the employment c ontract, or what is agreed upon between the Employer and the +Employee or Worker. +b. Part -time: Working for one or multiple Employers for a specified number of working +hours or days, whether from the workplace, re motely, or a hybrid work type, based on +the employment contract, or what is agreed upon between the Employer(s) and the Employee or Worker. +c. Temporary work : Work of which nature requires a specific period of time, or which +focuses on a specific job and e nds by the completion thereof. +d. Flexible work: Work of which hours or working days change according to the volume +of work and the economic and operational variables of the Employer. The Employee or Worker may work for the Employer for times that change according to work +conditions and requirements. +e. Any other types specified by the Law. +2. The Law shall regulate the cases in which it is permissible to combine more than one type of work with more than one Employer. + + + +Federal Law by Decree No. (47) of 2021 Concerning the Unified General Rules of Employment in the United Arab +Emirates 5 + " +"labour, residency and leberal professions",Federal Decree by Law No. (47) of 2021 Concerning the Unified General Rules of Employment in the United Arab Emirates,"Article (7) +Working Hours +1. The maximum normal working hours shall be (8) hours per day or (48) hours per week. +The Law shall determine the controls for working and rest times, the hours in which work +is prohibited, the overtime that may be worked and their controls, and the payment that +the Employee or Worker shall receive for working overtime. +2. The Employee shall be granted a paid weekly rest not less than one day, which may be +increased in accordance with the Law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (47) of 2021 Concerning the Unified General Rules of Employment in the United Arab Emirates,"Article (8) +Wage +1. The Employee and Worker have the right to receive the wage agreed upon in the +employment contract in accordance with the controls and standards specified by the +Law. +2. The wage shall be paid in AED, and it can be paid in another currency if it is agreed upon +in the employment contract. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (47) of 2021 Concerning the Unified General Rules of Employment in the United Arab Emirates,"Article (9) +Leaves +1. Leaves in the public and private sectors for those who work full- time shall be according +to the following: +a. Annual leave: A period not less than thirty (30) days per year, and two (2) days per +month if the service period is more than six months and less than a year. Such leave +shall be with pay. +b. Maternity leave: A period not less than sixty (60) days, according to the following: +1. The first forty -five (45) days with full pay. +2. The following fif teen (15) days with half pay. +The female employee or worker may combine maternity leave with any other approved +leave. +Federal Law by Decree No. (47) of 2021 Concerning the Unified General Rules of Employment in the United Arab +Emirates 6 + The female employee or worker may not be dismissed or warned of dis missal for obtaining +maternity leave or for being absent from work for the same reason, whenever the Employer +has been notified thereof this in accordance with the Law. +After returning from the maternity leave, the female employee or worker shall be entitled to +an hour's rest to breastfeed the baby, for a period of no less than (6) six months as of the +date of delivery. The female employee or worker may divide the hour's rest into two periods. +c. Parental leave: A period of (5) five working days, for the Em ployee or Worker (whether +the father or the mother) who has a child, to care for his/her child, continuously or +intermittently, within a period of six (6) months as of the date of the child's birth. +d. Sick leave: A period not less than ninety (90) days, as follows: +1. The first fifteen (15) days with full pay. +2. The following thirty (30) days with half pay. +3. The following period shall be unpaid. +e. Mourning leave : A period not less than five (5) days, in the event of the death of the +spouse; and three ( 3) days in the event of the death of the mother, father, son, brother, +sister, grandson, grandfather or grandmother, starting as of the date of death. Such leave +shall be with pay. +f. Study leave: A period of ten (10) business days per year, continuously o r intermittently, +for the Employee or Worker who is enrolled - by affiliation or regularly - in one of the +educational institutions accredited by the Ministry of Education, whether the +educational institution is in or outside the State, in order to perform the tests. Such leave +shall with pay. +g. The national Employee or Worker is entitled to a full- time leave to perform the national +and reserve service, in accordance with the legislation in force in the State. +2. Official holidays: Its period shall be the same as the official holidays determined by a +Cabinet resolution. +3. The Law shall determine the rules and procedures for granting the aforementioned +leaves, the possibility of working during them, the cases and conditions for carr ying +forward the annual leave, and obtaining compensation therefor, as well as the rules and +procedures for granting any other leaves, whether with or without pay. +Federal Law by Decree No. (47) of 2021 Concerning the Unified General Rules of Employment in the United Arab +Emirates 7 + 4. The Employee or Worker with other types of work is entitled to an annual leave that is +calculated on the basis of proportionality with the hours or days of work; and the +conditions for its entitlement and duration shall be determined in the employment contract, and as determined by the Law. +5. The Employee or Worker may be granted a leave with out pay as determined by the Law +or the employment contract. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (47) of 2021 Concerning the Unified General Rules of Employment in the United Arab Emirates,"Article (10) +End of Service +The service of the Employee or Worker shall end upon the expiry of the employment contract, or according to the reasons specified by the Law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (47) of 2021 Concerning the Unified General Rules of Employment in the United Arab Emirates,"Article (11) +End -of-Service Gratuity +1. The end- of-service gratuity for the national Employee or Worker shall be in accordance +with the legislation regulating pensions and social security in force in the State. +2. The foreign full- time Employee or Worker, who has completed one year of continuous +service, is entitled to a gratuity upon the end of his service, calculated according to the +basic wage, of which minimum shall be as follows: +a. The wage of (21) days for each year of the first five years of service. +b. The wage of (30) days for each year in excess of that. +3. The end- of-service gratuity shall be for those who have work types other than +full- time, as determined by the Law. +4. Other systems may be adopted as alternatives to the end- of-service gratuity as +specified by the Law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (47) of 2021 Concerning the Unified General Rules of Employment in the United Arab Emirates,"Article (12) +General Provisions +1. Without prejudice to the provisions contained in this Law by Decree, the rules established +Federal Law by Decree No. (47) of 2021 Concerning the Unified General Rules of Employment in the United Arab +Emirates 8 + in this Law by Decree shall represent the minimum rights for workers in the pr ivate +sector. +2. The provisions of this Law by Decree shall not prejudice any of the rights determined for +the Employee or Worker under any other legislation, agreement, acknowledgment, system, programme or employment contract that grants the Employee or W orker rights +that are more beneficial than the rights established under the provisions of this Law by Decree. +3. The periods and dates stipulated in this Law by Decree shall be calculated according to +the Gregorian calendar. In application of the provisions of this Decree -Law, the Gregorian +year is 365 days and the month 30 days. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (47) of 2021 Concerning the Unified General Rules of Employment in the United Arab Emirates,"Article (13) +Publication & Enforcement of this Law by Decree +This Law by Decree shall by published in the Official Gazette and shall enter into force as of +02 February 2022. + + Khalifa Bin Zayed Al Nahyan +President of the United Arab Emirates + + +Issued by us at the Palace of the Presidency in Abu Dhabi: +On: 13/Safar/1443H +Corresponding to: 20 September 2021 AD + + " +"labour, residency and leberal professions",Cabinet Resolution No. (27) of 2020 On the Remote Work System in the Federal Government,"Article (1) +Definitions +In application of the provisions of this Resolution, the following words and phrases shall have the +meanings assigned thereto , unless the context indicates otherwise: +State : The United Arab Emirates. +Government : The UAE Government. +Cabinet : The Cabinet of the United Arab Emirates. +Federal Entity : Any ministry established in accordance with Federal Law No. 1 of 1972 +concerning the Competencies of Ministries and Powers of the Ministers, Cabinet Resolution of 202 0 Concerning the Remote Work System in the Federal Government 2 + and the amendments thereof; and any federal body, institutio n or +regulatory agencies of the Government . +Chairman of the +Federal Entity : The Minister, Chairman of Board of Directors, CEO of the entity or +equivalent . +Authority : Federal Authority for Government Human Resources . +Human +Resrouces Law : Federal Decree -Law No. (11) for 2008 Concerning The Human +Resources at the Federal Government and its amendments . +Executive +Regulation : Executive Regulation of the Federal Government Human Resource Law . +Employee : Any person who occupies a budgeted job. +Manpower +Budget : The budget adopted for the jobs and the ranks designated for the +employees and their privileges . +Human +Resources +Department : Organisational unit concerned with human resources in a federal entity . +Salary and +Grade Scales : Salary and grade scales for Federal Government employees as approved +by the Cabinet Resolution . + +" +"labour, residency and leberal professions",Cabinet Resolution No. (27) of 2020 On the Remote Work System in the Federal Government,"Article (2) +Scope of application +This Resolution shall apply to current and new national employees eligible to work remotely as +determined by the federal entities, in coordination with the Authority and in accordance with the +HR procedures and electronic systems approved in the Federal Government. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (27) of 2020 On the Remote Work System in the Federal Government,"Article (3) +Types of Remote Work +1. Part -time Remote Work: Where the employee can, at the request of his employer, divide his +work -time between the main workplace and remote workplace in equal or different +proportions per day, week or month. Cabinet Resolution of 202 0 Concerning the Remote Work System in the Federal Government 3 + 2. Full -time Remote Work: The jobs that can be performed completely from outside the official +workplace. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (27) of 2020 On the Remote Work System in the Federal Government,"Article (4) +Objectives +This Resolution aims at: +1. Providing multiple work options for employees and their entities to achieve a better work -life +balance, in a way that does not affect the employer’s goals. +2. Attraction and retention of talented persons. +3. Reducing the federal entities’ operational costs. +4. Providing governmental service outside official working hours. +5. Creating new unconventional jobs. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (27) of 2020 On the Remote Work System in the Federal Government,"Article (5) +Criteria for Choosing Jobs Suitable for Remote Work +The Federal Entities shall, upon determining the jobs suitable for remote work, abide by the +following criteria: +1. The jobs shall be divisible. +2. The jobs shall be automatable. +3. The jobs shall require specific inputs to be handled by electronic systems. +4. Any other criteria determined by the Entity in collaboration with the Authority. +In all cases, job suitable for working remotely shall be determined in coordination between the +entity and the Federal Authority for Government Human Resources. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (27) of 2020 On the Remote Work System in the Federal Government,"Article (6) +Mechanism for Choosing Employees to Work Remotely +1. Employees may be selected to work remotely in suitable jobs in accordance with the following +criteria: +a. The employee shall be occupying a job that can be performed remotely; Cabinet Resolution of 202 0 Concerning the Remote Work System in the Federal Government 4 + b. The employee has not been subject to any administrative penalties for breac h of Code of +Ethics and Professional Conduct for Civil Service. +c. The employee shall be honest and abide by quality and accuracy of work in addition to +confidentiality of information. +d. The employee has attained at least ‘Meets Expectations’ rate in the last p erformance +appraisal. +2. The rules and mechanisms of the Remote Work System stipulated in this Law, as well as +employment criteria contained in the Federal Government’s HR Law and relevant regulations, +shall apply to newly appointed employees. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (27) of 2020 On the Remote Work System in the Federal Government,"Article (7) +Methods and Mechanism for Implementing the Remote Work System +Federal entities shall make sure, while choosing remote jobs, that the outputs of these jobs are +delivered through the following mechanism: +1. Follow -up and delivery of outputs are made through electronic methods. +2. Implementation is done individually. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (27) of 2020 On the Remote Work System in the Federal Government,"Article (8) +Obligations of the Federal Entity Implementing the Remote Work System +The Federal Entity shall make sure that the following elements are available: +1. Identifying an efficiency meas urement mechanism, and setting standards, mechanisms and +standard time frames for each activity and outcome to be chosen. +2. Ensure the availability of a safe technological environment to carry out remote working, +taking into account the controls related to m aintaining the privacy and confidentiality of data +and codifying the powers to access the systems. +3. Ensuring the feasibility of implementing the remote work system in the entity. +4. Providing an electronic method to follow up the employees who work remotely, i ncluding +the method to call them, and make sure of their performance, accomplishments and outputs +and any other matter deemed necessary by the federal entity. + Cabinet Resolution of 202 0 Concerning the Remote Work System in the Federal Government 5 + " +"labour, residency and leberal professions",Cabinet Resolution No. (27) of 2020 On the Remote Work System in the Federal Government,"Article (9) +Appointment +An employee working remotely shall be subject to the same rules and controls stipulated in +Human Resource Law and its Executive Regulations. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (27) of 2020 On the Remote Work System in the Federal Government,"Article (10) +Probationary Period for New Employees +A new employee who is appointed under remote work system shall be placed on probationary +period for six (6) months, renewable for three (3) months. At the end of probation period, the +employee shall undergo a performance review by the immediate supervisor to assess his/her +capabilities in the light of productivity and performance criteria, to either recommend regular +appointment of the employee or termination of employment. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (27) of 2020 On the Remote Work System in the Federal Government,"Article (11) +Salaries and Financial Benefits +Salary and grade scales for a Federal Government employee appointed on remote work system +shall be subject to salary and grade scales approved for the Federal government employees as +issued by the Cabinet Resolution. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (27) of 2020 On the Remote Work System in the Federal Government,"Article (12) +Performance Appraisal of Employees Working Remotely +Notwithstanding the provisions of Performance Management System for the Federal +Government employees, performance of an emplo yee working remotely shall be assessed +according to the following elements: +1. Productivity, based on number of outcomes, tasks achieved out of target, and number of +deliverables. +2. Quality of outputs in terms of accuracy of deliverables. +3. Meeting deadlines for delivering tasks within the time frame specified in the contract and +percentage of abidance by the plan in agreement with the employer. Cabinet Resolution of 202 0 Concerning the Remote Work System in the Federal Government 6 + 4. Satisfaction of immediate supervisor and customers with the achieved outputs as agreed +upon. +5. Any other element determine d by the employer. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (27) of 2020 On the Remote Work System in the Federal Government,"Article (13) +Promotions +An employee working remotely shall be promoted according to the rules and controls stipulated +in the Federal Government’s Human Resource Law and its executive regulations, and in +compliance with the approved Employee Performance Management System. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (27) of 2020 On the Remote Work System in the Federal Government,"Article (14) +Transport +An entity may decide to transfer a remotely working employee to his/her original workplace, and +vice versa, internally or to any other entity, based on the requirements of work interest and in +accordance with provisions of transport in Federal Government’s Human Resource Law and its +executive regulations. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (27) of 2020 On the Remote Work System in the Federal Government,"Article (15) +Leave +An employee working remotely shall be entitled to all lea ves specified by the Human +Resource Law in the F ederal Government and its executive regulation. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (27) of 2020 On the Remote Work System in the Federal Government,"Article (16) +General provisions +1. An employee working remotely shall undertake to sign the following: +a. The Code of Ethics and Professional Conduct for Civil Service Document. +b. Confidentiality of Information Document attached herewith. +c. Agreement prohibiting subcontracting of Third parties attached herewith. +2. The provision of Human Resource Law in the Federal Government, its executive regulations, +and other related rules shall apply to any matter not provided for in this Resolution. Cabinet Resolution of 202 0 Concerning the Remote Work System in the Federal Government 7 + " +"labour, residency and leberal professions",Cabinet Resolution No. (27) of 2020 On the Remote Work System in the Federal Government,"Article (17) +Publication and Enforcement +This Resolution shall come into force as of the date of its issuance and shall be published in the +Official Gazette. + +Mohammed Bin Rashid Al Maktoum +Prime Minister + +Issued by Us: +On: 08 Sha'ban 1441 AH +Corresponding to: 02 April 2020 AD + Cabinet Resolution of 202 0 Concerning the Remote Work System in the Federal Government 8 + Appendix 1 +Undertaking of Data and Information Confidentiality and Security +For the purposes of maintaining the security and confidentiality of data and information in the +entity, regardless of its source or nature, and whether that information is kept on paper, computer +or any other means. +Based on the provisions of the Human Resources Law In the Federal Government, and its +executive regulations thereof, remote working system, laws , regulations and instructions for the +use of the intranet and internet, and pursuant to Cabinet Resolution No. 21 for 2013 regulating +information security in the Federal Government, I undertake to recognise and abide by the +following : +− All information, dat a and programmes of my entity, whether stored on hard disks, attached to +an email message or any other form, are the property of the entity and the Federal +Government. +− Using the entity’s information is subject to federal laws and ethical considerations. +− Accessing any financial or administrative information obtained in the context of executing my +duties is protected by the UAE laws, which I have to abide by. +− I will be granted access to the entity’s information system, the ""Bayanati"" system, or any other +system, the Internet, and e -mail for business purposes only. +− A breach of any of the information and data sources is considered illegal, as all data and +information, including those obtained from outside the entity, are subject to regulations that +prohibit copying and using such software. +− The entity is implementing the federal copyright laws that categorically prohibit any violation +of these copyright laws. +− That the entity has systems and programmes to monitor and record all information systems , +the Internet, and the use of e -mail. I am aware that these protection systems can register every +website on the network that I have visited, as well as advertisements, incoming and outgoing +email messages, files, information, and data that have been tran sferred from within or outside +the entity. I am also aware that the entity is regularly checking information systems and +internet activities and analysing their usage methods, and it will take the necessary measures +in case of inappropriate use. Cabinet Resolution of 202 0 Concerning the Remote Work System in the Federal Government 9 + I also re cognise that it is prohibited to: +− View, copy, or otherwise disclose confidential information of the entity to any Third party, +unless that is part of my job and an official assignment. +− Change, delete, destroy or dispose of any confidential information for any reason, without +obtaining written consent of the concerned officials in the entity. +− Discuss any confidential information with anyone other than concerned officials in the entity. +− Disclose any confidential information during my service o r even after the termination of my +employment at the entity. +− Share my passwords with other individuals or employees or use the entity’s information +systems using passwords of other employees. +− Leave laptops (iPad, memory chips, portable storage systems, etc .) in unsafe locations. +− Use illegally -obtained software. +− Install new software, or make changes to existing ones, whether hardware or software. +− Download programmes from the internet without the consent of the entity’s IT department. +− Take no actions that int erfere with the work of others, the network function, or any other +computers. +− Use data, information and software for commercial interests or personal purposes. +− Send messages, files, programmes, or other connections that contain personal insult to others. +− Take no action that may adversely affect the rights of employees or disclose their personal +information, or their financial benefits. +− +In order to protect confidential information, I undertake to: +− Keep my login details and passwords secret, change them re gularly, and not disclose them +to anyone else. +− Protect my computer applications from entering by anyone who is not authorised to do so +by logging out of the programme or any other way to ensure protection. +− Carefully make all arrangements that ensure safe use and confidentiality of information +when using the entity’s systems according to the license granted to me to access the +approved electronic systems. Cabinet Resolution of 202 0 Concerning the Remote Work System in the Federal Government 10 + − Inform my entity immediately upon my knowledge or reasonable suspicion, that the +password has been infected with a virus or used by unauthorised persons, or upon +suspicion of any activities that might violate the protection and confidentiality policies. +− Always use a safe work environment and act in the interest of the entity. +− Assume that the data may b e read by persons other than those to whom it is sent. +− Take all measures of protection against viral infections and access by unauthorised persons +to view the entity’s data. +I understand and recognise that if I fail to comply with the terms of this underta king and/or +breaching the approved information security system, I will be held legally accountable, in +addition to disciplinary liability by the entity, which has the right to decide the appropriate +penalty without prejudice to any punishment in accordance with other laws and regulations. + +By signing this undertaking, I acknowledge the compliance with all the statements and +provisions contained therein, subject to legal liability. + +Employee's Name: ......................................................... +Job No: ........................................................................... +Job Title :............................................................................. + Cabinet Resolution of 202 0 Concerning the Remote Work System in the Federal Government 11 + Appendix 2 +Undertaking Not to Enter Into Subcontracts to Complete Tasks +I, the emp loyee.......................... Work in a ministry /entity ................................................. As (job +title).................................................... Under the Remote Work System undertake to complete all the +tasks assigned to me by my entity on my own without asking or authorizing any legal or +material person to complete it on my behalf, or contracting others on this matter, and in case of +breaching this undertaking I will bear legal responsi bility for the consequences resulting from +such breach towards my entity and the Federal Government. + + +Name : ............................................................... +Signature : ........................................................... +Date : ................................................................... + " +"labour, residency and leberal professions",Cabinet Resolution No. (17) of 2024 Concerning the Executive Regulations of Federal Decree-Law No. (21) of 2022 Regulating the Profession of Experts before the Judicial Authorities,"Article (1) +Definitions +The same definitions set out in the above -referenced Federal Decree -Law No. (21) of 2022 +Regulating the Profession of Experts before the Judicial Authorities shall be applicable to this +Resolution . Other than that, the following words and expressions shall bear the meanings +assigned thereto respectively, unless otherwise required by t he context: +Ad-hoc Expert : A qualified natural person whose name is not listed in the Roster, but who +is working in a particular area of specialty with a federal or local +government entity, and has professional expertise in the field of their +work . +Subject - +Matter Expert : A natural person whose name is not listed in the Roster, is working in the +private sector in a particular professional or craft field, and has sufficient +knowledge and expertise in the field of their profession or craft . +Federal Cabinet Resolution of 2024 Concerning the Executive Regulations of Federal Decree -Law of 2022 Regulating the +Profession of Experts before the Judicial Authorities 2 + Department +Manager : The manager of an organizational unit concerned with the experts’ affairs +at the Ministry . +Decree -law : Federal Decree -Law No. (21) of 2022 Regulating the Profession of +Experts before the Judicial Authorities . + +" +"labour, residency and leberal professions",Cabinet Resolution No. (17) of 2024 Concerning the Executive Regulations of Federal Decree-Law No. (21) of 2022 Regulating the Profession of Experts before the Judicial Authorities,"Article (2) +Practice of Expert Profession +1. Only the expert or expert firms whose names are listed in the Roster may practice the expert +profession before the judicial authorities in the State. +2. Notwithstanding Clause (1) of this article, the litigants may agree to have an expert or an +expert firm - not listed in the Roster - appointed in order to draw up a report on the dispute +brought before the competent judicial authority or on any part thereof, provided that the +judicial authority approves their agreement. In addition, the judicial authority may engage +experts or expert firms whose names are not listed in the Roster. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (17) of 2024 Concerning the Executive Regulations of Federal Decree-Law No. (21) of 2022 Regulating the Profession of Experts before the Judicial Authorities,"Article (3) +Controls for Engaging Un registered Experts and Expert Firms +1. The judicial authority may, either sua sponte or based on the litigants’ agreement subject to +prior approval of the competent judicial authority, assign an ad -hoc expert, subject -matter +expert or expert firm not listed in the Roster, subject to the following controls: +a. The ad -hoc expert shall be assigned based upon a request by the competent department +to the expert’s employer, subject to the employe r’s approval on their nomination. +b. The unregistered subject -matter expert or expert firm shall be assigned based on +nomination by the competent department, provided that the expert furnishes a proof of +being specialized in the field of their craft or prof ession, including, among others, a +professional license or certificate or any other certificate of expertise. +Federal Cabinet Resolution of 2024 Concerning the Executive Regulations of Federal Decree -Law of 2022 Regulating the +Profession of Experts before the Judicial Authorities 3 + c. It shall be a prerequisite for assigning an ad -hoc expert, a subject -matter expert or an +expert firm , that the assignment occurs with regard to a field of expert services that is +unclassified or un registered in the Roster or rather in a fi eld of experts classified in the +Roster but the number of registered experts is insufficient. +d. For the non -UAE ad -hoc and subject -matter expert, they shall have a v alid residence +permit. +e. For the purpose of applying this article, the expert shall, before initiating their mission, +take the legal oath before a division of the competent court of appeal. +f. The unregistered ad-hoc expert, subject -matter expert or expert firm shall draw up a +report on their technical opinion on the subject of the dispute at issue, and may, for the +sake of drawing up such a report, seek the assistance of the competent department . +g. The ad -hoc experts, subject -matter experts or expert firms not listed in the Roster may be +included under a special classification in the Roster, subject to prior approval of the +Committee, in order to engage them in other disputes. +h. In all cases, any techn ical inspector may be engaged to give opinion on the subject of the +dispute at issue in the absence of a specialized expert registered in the Roster. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (17) of 2024 Concerning the Executive Regulations of Federal Decree-Law No. (21) of 2022 Regulating the Profession of Experts before the Judicial Authorities,"Article (4) +Roster of Experts and Expert Firms +A roster shall be created at the Ministry for listing the names of experts and expert firms in their +respective areas of special ty, and each of them shall have a separate file that incorporates all +matters related to the practice of the expert profession. The Roster shall include the following +details : +1. Name of the expert / expert firm; +2. Area of specialty of the expert / expert firm; +3. Nationality of the expert; +4. Registration Number ; +5. Registration Date; +Federal Cabinet Resolution of 2024 Concerning the Executive Regulations of Federal Decree -Law of 2022 Regulating the +Profession of Experts before the Judicial Authorities 4 + 6. Registration Expiry Date; +7. Contact Details; +8. ID details; and +9. Names of the experts hired by the expert firms and their respective nationalities. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (17) of 2024 Concerning the Executive Regulations of Federal Decree-Law No. (21) of 2022 Regulating the Profession of Experts before the Judicial Authorities,"Article (5) +Applications for Registration in the Roster +1. The expert shall submit the application for registration in the Roster to the competent +department on the relevant form, accompanied by the following documents: +a. For the UAE national, a c opy of the ID card; and for non -UAE national, a copy of the ID +card, passport and a val id residence permit in the UAE ; +b. A certificate issued by the competent medical authorities in the State to prove medical +fitness; +c. A certificate of good conduct and reputation to be issued by the competent authorities in +the State; +d. A copy of the academic qualification certificate issued by a recognized university or higher +institute in the State in the field of expert services intended for registration , subject to due +authentication and equivalency. Such a certificate shall be issued in Arabic, but if issued +in a foreign language, a certified legal translation into Arabic shall be provided. +e. A certificate of experience which establishes that the registra tion applicant is qualified in +the area of specialty after getting the academic qualification certificate, and +demonstrating the relevant details of the applicant’s experience, which shall not be less +than five (5) years for the UAE nationals and fifteen (15) years for the non -UAE nationals . +Such a certificate shall be issued in Arabic, but if issued in a foreign language, a certified +legal translation into Arabic shall be provided . +f. A written approval by the applicant’s employer or by the holder o f a valid business license +in the same area of specialty intended for registration or practicing under such a license. +Federal Cabinet Resolution of 2024 Concerning the Executive Regulations of Federal Decree -Law of 2022 Regulating the +Profession of Experts before the Judicial Authorities 5 + 2. The local expert firm shall submit the application for registration in the roster to the +competent department on the relevant for m, accompanied by the following documents: +a. A copy of the valid license issued by the competent licensing authority; +b. A copy of a proof of registration of the firm’s supervising manager in the Roster; +c. The names and registration numbers of the firm’s experts , provided that it has at least four +(4) experts. +d. Details of the specialties for which the firm is intended to be registered in the roster, +provided that they do not exceed four (4) specialties. +3. The international expert firm shall submit the applica tion for registration in the roster to the +competent department on the relevant form, accompanied by the following documents : +a. A copy of the valid license issued by the competent licensing authority; +b. A copy of the valid license of its headquarters outside the State, in addition to valid +licenses of at least two of its branches in different countries; +c. A certificate or any official document issued by the competent authority establishing that +the firm has had experience of at least ten (10) years in the areas of specialty intended for +registration; +d. A copy of a proof of registration of the firm’s supervising manager in the Roster; +e. The names and registration numbers of the firm’s experts, provided that it has at least f ive +(5) experts residing in the State . +f. Details of the specialties for which the firm is intended to be registered in the roster, +provided that they do not exceed f ive (5) specialties . +4. The competent department shall present the applica tion accompanied by the documents and +instruments referred to in Clauses 1, 2 and 3 of this article to the Committee for consideration +according to the mechanism set forth in article (6) of this Resolution. + + + + +Federal Cabinet Resolution of 2024 Concerning the Executive Regulations of Federal Decree -Law of 2022 Regulating the +Profession of Experts before the Judicial Authorities 6 + " +"labour, residency and leberal professions",Cabinet Resolution No. (17) of 2024 Concerning the Executive Regulations of Federal Decree-Law No. (21) of 2022 Regulating the Profession of Experts before the Judicial Authorities,"Article (6) +Registration Application Examination Procedures +1. The Committee shall scrutinize the application for registration of every expert through +scrutinizing all the data and documents attached therewith, reviewing the test set by the +Ministry for the expert and the score earned by the expert concerned according to the list of +scores set by the Committee for every specialty. The Committee shall then make a decision to +approve or reject the registration appl ication. +2. The Committee shall scrutinize the application for registration of every expert firm through +scrutinizing all the data and documents attached therewith, reviewing the documents and +curriculum vitae of the firm’s experts and assessing the extent of their fulfillment of the +requirements for registration under the intended category of expert services . The Committee +shall then make a decision to approve or reject the registration application . +3. If the Committee approves the registr ation of the expert or expert firm, as the case may be, in +the roster, the approval shall be communicated to the expert or expert firm concerned by the +competent department , and the latter shall be provided with the following details: +a. The address and locat ion of the office from which the registration applicant intends to +carry out the profession , with the exception of the public employee. +b. Provide a valid insurance policy against liability for professional errors, to be issued by an +insurer licensed to operate in the State, unless the expert’s liability is covered by the +insurance policy of the expert firm at which the expert works. +c. Payment of the prescribed fees according to the applicable mechanism. +9. The competent department, in coordination with the judicial institute, instruct the expert to +attend a specialized training course, according to its relevant training plan, before the expert starts +to practice the profession of expert. + + + + +Federal Cabinet Resolution of 2024 Concerning the Executive Regulations of Federal Decree -Law of 2022 Regulating the +Profession of Experts before the Judicial Authorities 7 + " +"labour, residency and leberal professions",Cabinet Resolution No. (17) of 2024 Concerning the Executive Regulations of Federal Decree-Law No. (21) of 2022 Regulating the Profession of Experts before the Judicial Authorities,"Article (7) +Roster Registration Term and Registration Renewal Applications +1. The expert and the expert firm shall each be registered in the Roster for a renewable term of +three (3) years, provided that the registration renewal application shall be submitted at least +thirty (30) days prior to the expiry date of the registration, according to the same conditions +applicable to the first -time registration. +2. No new tasks shall be assigned to the expert or the expe rt firm during the period between the +expiry date of registration of either of them and the renewal date of such registration. +3. Failure to submit a registration renewal application after the lapse of ninety (90) days +following the expiry date of registration shall give rise to removal of registration from the +Roster. +4. The renewal application shall be subject to the same procedures set forth in articles 5 and 6 +of this Resolution. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (17) of 2024 Concerning the Executive Regulations of Federal Decree-Law No. (21) of 2022 Regulating the Profession of Experts before the Judicial Authorities,"Article (8) +Practice of Expert Profession Through a Licensed Expert Firm +1. The expert shall practice the expert profession through an expert firm licensed by the +competent licensing authority in the State to carry out expert services as per the following +conditions: +a. The expert firm’s license shall cover the same specialty through which the expert intends +to carry out the expert activities; and +b. The expert’s name shall not be listed in any other expert firm. +2. The Committee shall issue a decision establishing the controls and procedures of transferring +the expert from one expert firm to another expert firm. +3. The provisions of this article shall not apply to an expert who is a public employee. + + +Federal Cabinet Resolution of 2024 Concerning the Executive Regulations of Federal Decree -Law of 2022 Regulating the +Profession of Experts before the Judicial Authorities 8 + " +"labour, residency and leberal professions",Cabinet Resolution No. (17) of 2024 Concerning the Executive Regulations of Federal Decree-Law No. (21) of 2022 Regulating the Profession of Experts before the Judicial Authorities,"Article (9) +Deregistration and Suspension of Professional Practice +The Committee shall scrutinize the applications for deregistration and suspension of practicing +the profession in accordance with the following controls and procedures: +1. The application shall be submitted to the Committee on the relevant form and shall be +accompanied by a proof of payment of all fees due. +2. For the application to be approved, it shall be submitted by the expert or the expert firm at +least ninety (90) days prior to the expiry date of registration, and shall include the relevant +reasons . +3. The expert or expert firm shall finalize all the activities and obligations assigned thereto before +submitting the application. +4. The Committee shall consider and scrutinize th e applications submitted and shall ensure +fulfillment of the necessary documents and requirements. +5. Under all circumstances, the Committee shall decide on such applications within sixty (60) +days following their submission date. +6. An applicant, whose applicat ion is rejected, may challenge the committee’s decision before +the competent court within thirty (30) days following the date of notification thereof or +following the expiration of the time limit set for deciding on the application with no reply +made . The court’s judgment in this respect shall be final. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (17) of 2024 Concerning the Executive Regulations of Federal Decree-Law No. (21) of 2022 Regulating the Profession of Experts before the Judicial Authorities,"Article (10) +Ceasing to Practice the Expert Profession +1. The expert or expert firm, as the case may be, may cease to practice the expert profession +where either has any impediment that would prevent it from practicing the same, according +to the following conditions and procedures: +a. The competent department shall be notified of the discontinuance of practicing the +profession, along with the discontinuance reasons. +Federal Cabinet Resolution of 2024 Concerning the Executive Regulations of Federal Decree -Law of 2022 Regulating the +Profession of Experts before the Judicial Authorities 9 + b. Registration in the Roster shall be valid on the discontinuance notification date. +c. The prescribed fee shall be paid according to the applicable mechanism. +2. The Committee shall consider and scrutinize the applications submitted and sh all ensure +fulfillment of the necessary documents and requirements. +3. Under all circumstances, the Committee shall decide on such applications within sixty (60) +days following their submission date. +4. An applicant, whose application is rejected, may challenge the committee’s decision before +the competent court within thirty (30) days following the date of notification thereof or +following the expiration of the time limit set for deciding on the application with no reply +made. The court’s judgment in this respec t shall be final. +5. The duration of discontinuance of practicing the profession shall be deemed part of the roster +registration period, and an application for resuming practice of the profession may be +submitted when such an impediment ceases to exist, provi ded that the profession practice +requirements are satisfied and the registration is still valid. +6. If the registration of an expert or an expert firm expires within the profession practice +discontinuance period, the registration shall be renewed according to the provisions of both +the Decree -Law and this Resolution. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (17) of 2024 Concerning the Executive Regulations of Federal Decree-Law No. (21) of 2022 Regulating the Profession of Experts before the Judicial Authorities,"Article (11) +Annual Performance Report +1. The competent department shall draw up an annual performance report to assess the +performance of the expert or expert firm, according to the Form No. (1) attached with this +Resolution, including the following aspects: +a. Dealing with the expert files and performance thereon; +b. The complaints filed against the expert or expert firm ; +c. The extent of commitment to professional development; +d. The extent of compliance with the Expert’s Code of Conduct; and +e. The overall assessment on technical inspection reports +Federal Cabinet Resolution of 2024 Concerning the Executive Regulations of Federal Decree -Law of 2022 Regulating the +Profession of Experts before the Judicial Authorities 10 + 2. The competent department may as sess the performance of the expert or expert firm on every +task entrusted to them based on meetings, opinion polls or any other assessment tool that +targets the parties to the case, and shall include the assessment findings in the annual +performance report referred to in Clause (1) of this article. +3. The competent department shall submit both the technical inspection reports and annual +performance reports to the committee so that the latter would take the necessary actions +thereon according to its powers set forth in article (19) of the Decree Law. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (17) of 2024 Concerning the Executive Regulations of Federal Decree-Law No. (21) of 2022 Regulating the Profession of Experts before the Judicial Authorities,"Article (12) +Appointment of Technical Inspector +1. The Minister may appoint Experts with knowledge and experience at the Ministry to perform +Expert Services in cases of a special nature, audit and technical inspection over the registered +Experts’ work and follow up on their reports in the cases assigned the reto, in cooperation of +the Judicial Inspection Department at the Ministry. +2. The appointment of the technical inspector referred to in Clause (1) of this article shall be +subject to the following controls: +a. The technical inspector shall have practiced the expert profession before the Courts of the +State for at least one year for the UAE national and five (5) years for the non -UAE +nationals. +b. The technical inspector shall not have practiced any expert duties beyond the scope of the +expert profession at the Ministry. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (17) of 2024 Concerning the Executive Regulations of Federal Decree-Law No. (21) of 2022 Regulating the Profession of Experts before the Judicial Authorities,"Article (13) +Technical Inspector ’s Functions and Powers +1. The technical inspector shall perform the following functions: +a. Review the procedural aspects conducted by the expert in the course of drawing up the +expert’s report, such as the notification, expert meetings, preparation of minutes of +Federal Cabinet Resolution of 2024 Concerning the Executive Regulations of Federal Decree -Law of 2022 Regulating the +Profession of Experts before the Judicial Authorities 11 + meetings and reports; assess the expert’s familiarity with the expert profession’s duties +before the courts; and assess the expert’s compl iance w ith the time period for completing +the task and submitting the report, based on the dates of referral and submission of the +report and comparing the same to the magnitude of the task entrusted to the expert. +b. Attend the expert meetings held by the ro ster experts in order to assess the skills of their +management of the meetings and commitment to time. +c. Scrutinize the reports drawn up by the expert and assess their efficiency and fulfillment of +the relevant requirements, and identify the extent of the ex pert’s compliance with the +preliminary judgment rendered by the competent court on referral to the technical +inspector . +d. Consider the technical conclusion drawn by the expert and identify whether the Court +relied upon the same or not. +2. The technical inspector shall draw up an assessment report on the expert’s performance +according to Form No. (2) attached with this Resolution, and shall submit the same to the +Department Manager. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (17) of 2024 Concerning the Executive Regulations of Federal Decree-Law No. (21) of 2022 Regulating the Profession of Experts before the Judicial Authorities,"Article (14) +Surprise Technical Inspection +The technical inspector may, based on the Department Manager’s instructions, conduct an urgent +and surprise inspection on an expert or expert firm in order to verify particular incidents, acts or +irregularities attributed to either of them or in relation to a particular incident, and shall draw up +a report on such a task and submit the same to the Department Manager. + + +Federal Cabinet Resolution of 2024 Concerning the Executive Regulations of Federal Decree -Law of 2022 Regulating the +Profession of Experts before the Judicial Authorities 12 + " +"labour, residency and leberal professions",Cabinet Resolution No. (17) of 2024 Concerning the Executive Regulations of Federal Decree-Law No. (21) of 2022 Regulating the Profession of Experts before the Judicial Authorities,"Article (15) +Technical Inspection Procedures +1. The technical inspector shall provide advice and guidance to the expert in the event that the +former detects any observations which demonstrate that the expert is unaware of certain +procedures or has unintentionally committed certain errors. +2. The expert, whose work has been inspected, shall be made aware of the observations +detected by the technical inspector in order to respond to the same within fifteen (15) days +following the date of n otification , and before the inspector draws up and submits the final +inspection report to the Department Manager. +3. The Department Manager shall present both the surprise technical inspection report and the +final technical inspection report on the expert’s work to the Committee in order for the latter +to take any of t he appropriate actions: +a. Send a “Thank You” letter to the committed expert against whom no negative +observations are detected, and a copy of such a letter shall be kept in the expert’s file; +b. Instruct the expert to undergo a training program to improve his performance; +c. Invite the expert to attend special guidance meetings for rectifying his errors; +d. Draw the expert’s attention to the observations detected; +e. Send a written warning to the expert, and a copy of such a warning shall be kept in the +expert’s file; or +f. Take any other appropriate action to cover the observations recorded in the technical +inspection repo rt. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (17) of 2024 Concerning the Executive Regulations of Federal Decree-Law No. (21) of 2022 Regulating the Profession of Experts before the Judicial Authorities,"Article (16) +The Implementing Resolutions +The Minister shall issue the necessary resolutions for implementing the provisions of this +resolution. + +Federal Cabinet Resolution of 2024 Concerning the Executive Regulations of Federal Decree -Law of 2022 Regulating the +Profession of Experts before the Judicial Authorities 13 + " +"labour, residency and leberal professions",Cabinet Resolution No. (17) of 2024 Concerning the Executive Regulations of Federal Decree-Law No. (21) of 2022 Regulating the Profession of Experts before the Judicial Authorities,"Article (17) +Repeals +The Cabinet Resolution No. (6) of 2014 concerning the Executive Regulations of Federal Law No. +(7) of 2012 Regulating the Profession of Experts before the Judicial Authorities, together with all +provisions that contradict or are repugnant to the provisions of this Resolution, shall hereby be +repealed. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (17) of 2024 Concerning the Executive Regulations of Federal Decree-Law No. (21) of 2022 Regulating the Profession of Experts before the Judicial Authorities,"Article (18) +Publication and Entry Into Force +This Resolution shall be published in the Official Gazette and shall enter into force as on the day +following its publication date. + + + + + + +Mohamed Bin Rashid Al Maktoum +Prime Minister + + +Issued by us : +On: Sha’ban 27th, 1445 H . +Corresponding to: March 8, 2024 AD. + +Federal Cabinet Resolution of 2024 Concerning the Executive Regulations of Federal Decree -Law of 2022 Regulating the +Profession of Experts before the Judicial Authorities 14 + The Forms attached with Cabinet Resolution No. (17) of 2024 +Concerning the Executive Regulations of Federal Decree -Law No. (21) of 2022 +Regulating the Profession of Experts before the Judicial Authorities + +Form No. (1): Performance Report +Expert’s Name: Type of Expert +Services : +Registration No. Registration Date: + +Assessment Elements Score Performance +Achieved +First: The Expert’s dealing with the Expert Services Files +The total expert services reports submitted by the expert, the +number of timely -completed reports, the reports submitted late by +the expert and the reasons for such delay, and the levels of such +reports in terms of strength and weakness. 20 +Second: Complaints filed against the expert +The number of complaints filed against the expert by either litigant +in relation to the cases on which final judgments have been +rendered, the decisions made on such complaints by the committee, +and the expert assessment findings from the perspective of the +parties to the case based on the meetings, opinion polls or any other +assessment tool. + + + + 25 +Federal Cabinet Resolution of 2024 Concerning the Executive Regulations of Federal Decree -Law of 2022 Regulating the +Profession of Experts before the Judicial Authorities 15 + Third: The expert’s commitment to professional development +How far the expert is committed to continuing and specialized +training and qualification program plans set by the competent +department, and the impact of the same on improving their +performance. 15 +Fourth: The expert’s conduct +How far the expert is compliant with the Code of Professional +Conduct and respects the norms and ethics of the expert profession 15 +Fifth: Technical Inspection Reports +The average scores earned by the expert as per the reports of +technical inspection on their work, and the extent of the expert’s +compliance with the competent department’s observations and +directions on performance improvement proposals. 25 +Total scores earned by the expert 100 +50 Poor 51-60 Average 61-80 Good 81-90 +Very +Good 91-100 +Excellent + + +Federal Cabinet Resolution of 2024 Concerning the Executive Regulations of Federal Decree -Law of 2022 Regulating the +Profession of Experts before the Judicial Authorities 16 + The Forms attached with Cabinet Resolution No. (17) of 2024 +Concerning the Executive Regulations of Federal Decree -Law No. (21) of 2022 +Regulating the Profession of Experts before the Judicial Authorities + +Form No. (2): Technical Inspection Report +Expert’s Name: Type of Expert +Services : +Registration No. Registration Date: +The Court: Case No.: + +Assessment Elements Score Performance +Achieved +First: The Procedural Aspects +1. Compliance with the dates and legal procedures as to the +notices , communications, attendance of the parties +concerned or their legal representatives, hearing the witness +statements, the organization and regularity of minutes of +meetings. 15 +2. Commitment to timely submission of the expert’s report +after careful review of the documents and memoranda and +fulfillment of the task elements according to the preliminary +judgment. 5 +Tota l +Second: Technical Aspects +1. Full understanding of the task’s subject and setting the +search steps from the first hearings. 10 +Federal Cabinet Resolution of 2024 Concerning the Executive Regulations of Federal Decree -Law of 2022 Regulating the +Profession of Experts before the Judicial Authorities 17 + 2. Identifying the required documents and the way of +scrutinizing them and recording their contents in the +minutes, and whether the content of all documents +submitted by the parties is recorded in the report. 15 +3. The level of making discuss ions with the liti gants as to the +merits of the dispute in order to fulfill the task elements, +conduct the inspections and hearing the witness statements. 10 +4. The extent of the expert’s familiarity with the laws and +resolutions that regulate the expert ’s work and +implemen tation of their relevant procedures. 10 +5. The ability to conclude the facts and identify areas of dispute +to eventually reach the results and true facts of the case. 10 +6. The extent of compliance with the general framework of +forms set by the Department for drawing up the reports 5 +Total 60 + + +Federal Cabinet Resolution of 2024 Concerning the Executive Regulations of Federal Decree -Law of 2022 Regulating the +Profession of Experts before the Judicial Authorities 18 + The Forms attached with Cabinet Resolution No. (17) of 2024 +Concerning the Executive Regulations of Federal Decree -Law No. (21) of 2022 +Regulating the Profession of Experts before the Judicial Authorities + +Form No. (2): Technical Inspection Report +Assessment Elements Score Performance +Achieved +Third: Professional Conduct +1. The extent of cooperation with the experts and teamwork in +the tripartite committee cases, and compliance with the +professional ethics and norms. 10 +2. How far the expert deals properly with the litigants and +parties concerned and keeps confidentiality of the +information 10 +Total 20 +Total expert assessment scores 100 +50 Poor 51-60 Average 61-80 Good 81-90 +Very +Good 91-100 +Excellent + + " +"labour, residency and leberal professions",Federal Law No. (10) of 2002 on Practicing the Veterinary Medicine Profession,"Article (1) +In the application of the provisions of this Law, the following words and phrases shall have +the meanings assigned to each of them, unless the context otherwise requires: + State : United Arab Emirates. + The Ministry : Ministry of Climate Change and Environment . + Minister : Minister of Climate Change and Environment . + Competent +Department : The department concerned in the Ministry + Concerned +Authority : The local authority in each Emirate concerned with the application +of the Law. + Veterinary +Medicine +Profession : Any of the activities of veterinary medical practices practised by +the Veterinarian. +Federal Law No. (10) of 20 02 on Practicing the Veterinary Medicine Profession 2 + Veterinary +Medical +Practices : Providing medical advice; practising scientific, research and +extension activities or examinations; dealing with animals, +whether throug h examination, treatment, prevention, surgeries, +births, artificial insemination; prescribing or dealing with +veterinary preparations; examining products, waste or animal feed; +and issuing veterinary health certificates. + Veterinarian : The person who holds a bachelor's degree or its equivalent in +Veterinary Medicine from a recognised university, and a licence to +practise the Veterinary Profession from the Ministry. + Allied +Veterinary +Medical +Professions : Professions specialised in pr oviding auxiliary work to the +Veterinary Medicine Profession, as determined by the Executive +Regulation of this Law. + Veterinary +Facility : Every non -governmental facility designated as a veterinary +hospital, veterinary clinic, veterinary laboratory, ve terinary drug +warehouse, veterinary pharmacy, veterinary scientific advisory +office, commercial productive farms, or artificial insemination +centre. + Veterinary +Hospital : The place designated and licensed to deal with animals, whether +through examinati on or any therapeutic, preventive, or diagnostic +practices, surgeries, births or artificial insemination, and which +contains a place equipped for the accommodation of animals for a +specified period under veterinary supervision. + Veterinary +Clinic : A fixed or mobile place, designated and licensed to deal with +animals, whether through examination, or any therapeutic or +preventive practices, surgeries, births or artificial insemination. + Veterinary +Laboratory : The place designated and licensed to c onduct veterinary analyses +and diagnostic tests for all animal species, products, waste and +feed. + Veterinary : The place designated and licensed for the import, storage and +Federal Law No. (10) of 20 02 on Practicing the Veterinary Medicine Profession 3 + Drug +Warehouse wholesale distribution of veterinary products. + Veterinary +Pha rmacy : The place designated and licensed for the retail sale of veterinary +products . + Veterinary +Scientific +Advisory +Office : The facility licensed to provide scientific consultations in all fields +of veterinary sciences. + Commercial +Productive +Farms : Facilities designated and licensed to keep domesticated productive +animals for commercial purposes, and they include farms of cows, +sheep, goats, camels, poultry and any other types specified by the +Executive Regulation of t his Law. + Artificial +Insemination +Centre : The facility licensed to use appropriate technologies to facilitate +artificial fertilisation without the need for natural insemination . + Animal : All types of animals including mammals, birds, reptiles, +amphibians, fish and crustaceans. + Animal +Samples : Samples taken from animals for diagnostic and laboratory +examination purposes. + +Chapter One +Licensing and registration of veterinarians +" +"labour, residency and leberal professions",Federal Law No. (10) of 2002 on Practicing the Veterinary Medicine Profession,"Article (2) +1. No person may practice the profession of veterinary medicine or veterinary assistant +professions in any veterinary facility, unless such person is licensed by and registered +with the Ministry to practice the same according to the provision s hereof. +2. A temporary license may be granted to practice the veterinary medicine profession or +veterinary assistant professions in accordance with the terms and conditions stipulated +by the executive regulations hereof. + +Federal Law No. (10) of 20 02 on Practicing the Veterinary Medicine Profession 4 + " +"labour, residency and leberal professions",Federal Law No. (10) of 2002 on Practicing the Veterinary Medicine Profession,"Article (3) +1. The applicant for a licence to practise the veterinary medicine profession must hold a +bachelor's degree in veterinary medicine or its equivalent from a recognised university in +the State. +2. A resolution issued by the Minister, in coordination with the Concerned Autho rity, shall +specify the requirements and other conditions necessary for issuing a licence to practise the veterinary medicine profession. + +" +"labour, residency and leberal professions",Federal Law No. (10) of 2002 on Practicing the Veterinary Medicine Profession,"Article (4) +Applications for license shall be submitted to the Ministry and shall be attached with the +necessary doc uments as determined by the Minister. + +" +"labour, residency and leberal professions",Federal Law No. (10) of 2002 on Practicing the Veterinary Medicine Profession,"Article (5) +The Ministry shall have the authority to decide upon the applications for license to practice +the veterinary medicine profession and veterinary assistant professions. The license +application shall be decided upon the Ministry within thirty days from the date of +submission thereof. The decision involving rejection of either the license or its renewal shall +be reasoned. + +" +"labour, residency and leberal professions",Federal Law No. (10) of 2002 on Practicing the Veterinary Medicine Profession,"Article (6) +Whoever has his application refused may complain about the decision and refer his +grievance to the Minister within thirty days as from the date of refusal and the decision of +the Minister in this concern shall be conclusive. + +" +"labour, residency and leberal professions",Federal Law No. (10) of 2002 on Practicing the Veterinary Medicine Profession,"Article (7) +A general registe r shall be established at the Ministry to record veterinarians and allied +veterinary medical professionals whom the Ministry has decided to license to practise the profession. This register shall be divided into the following sub -registers: +1. A register of veterinarians working in veterinary hospitals and clinics. +Federal Law No. (10) of 20 02 on Practicing the Veterinary Medicine Profession 5 + 2. A register of veterinarians working in veterinary laboratories. +3. A register of veterinarians working in veterinary pharmacies and veterinary drug +warehouses. +4. A register of veterin arians working in veterinary scientific advisory offices. +5. A register of veterinarians working in productive commercial farms. +6. A register of veterinarians working in artificial insemination centres. +7. A register of veterinarians working in the federal and local authorities. +8. A register of allied veterinary medical professionals. +Entry in the Register shall be made after paying the prescribed fees. National veterinarians +and allied veterinary medical professionals, and employees of federal and local authorities, +shall be excluded from the payment of fees. The Minister shall issue a resolution organising the register and specifying the data to be included therein. + +" +"labour, residency and leberal professions",Federal Law No. (10) of 2002 on Practicing the Veterinary Medicine Profession,"Article (8) +The decision of licensing for practicing the profession shall be handed over to the registered veterinarians and the Ministry shall periodically publish a list of their names and the +amendments occurring thereto. + +" +"labour, residency and leberal professions",Federal Law No. (10) of 2002 on Practicing the Veterinary Medicine Profession,"Article (9) +If the veterinarian has been infected with a disease or handicap that hinder him completely +or partially to practice the profession, he may continue to practice the profession upon the +approval of the Minister in view of the report of the competent medical committee. + +Chapter Two +Lice nsing for Establishments +" +"labour, residency and leberal professions",Federal Law No. (10) of 2002 on Practicing the Veterinary Medicine Profession,"Article (10) +1. The initial approval for licensing the facility shall be issued by a decision of the Minister. The final license shall be obtained from the entity concerned in accordance with its laws +and regulations. +Federal Law No. (10) of 20 02 on Practicing the Veterinary Medicine Profession 6 + 2. The Ex ecutive Regulations hereof shall set the conditions and controls for granting +veterinary facilities licenses. + +" +"labour, residency and leberal professions",Federal Law No. (10) of 2002 on Practicing the Veterinary Medicine Profession,"Article (11) +Health and technical specifications of establishments shall be determined through a +ministerial decree and the Ministry shall coord inate with the competent authority in the +Emirate to close the establishment if found after inspection not complying with the health and technical specifications. +The provisions herein shall be applied in case that the establishment changed its location. + +" +"labour, residency and leberal professions",Federal Law No. (10) of 2002 on Practicing the Veterinary Medicine Profession,"Article (12) +Each licensed veterinarian desired to join work with veterinary establishment shall inform +the Ministry about the address of the establishment before starting the work and this +obligation shall be applied to the new owner of the establishment . If the veterinarian is +absent or left the work in the establishment for any reason, the owner of the establishment has to close it and inform the ministry and the concerned authority in the Emirate unless he +has already informed them that an alterative licensed veterinarian is available to replace him. +The Ministry and the competent authority in the Emirate shall decide within thirty days as from the date of receiving the notification from the owner of the establishment and it shall not be permissible for the veterinarian to join the work with other establishments at the +same time. + +" +"labour, residency and leberal professions",Federal Law No. (10) of 2002 on Practicing the Veterinary Medicine Profession,"Article (13) +The Minister shall issue the general rules related to the measures on establishments and +shall instruct to ascertain that the performance of work is not valuating the provisions of this +law and the decisions issued in execution thereof. + +Article (13) BIS +The Executive Regulations hereof shall determine the classification and conditions of +Federal Law No. (10) of 20 02 on Practicing the Veterinary Medicine Profession 7 + practicing veterinary assistant professions. + +Chapter Three +Duties and Responsibilities of the veterinarian +" +"labour, residency and leberal professions",Federal Law No. (10) of 2002 on Practicing the Veterinary Medicine Profession,"Article (14) +Each lic ensed veterinarian shall be honest, sincere and shall keep to the behaviors and the +principles of the profession. +He has to cooperate with other health and veterinarian establishments in the country in +order to maintain the health of man and animals agains t the Zoonotic diseases. + +Article (14) BIS (1) +Sick animals may not be admitted in the veterinary hospital or clinic unless they are equipped and licensed to do so according to the conditions set out in the Executive +Regulations hereof. + +Article (14) BIS (2) +The veterinary physician may conduct experiments or research on animals only after +obtaining the approval of the Ministry. + +" +"labour, residency and leberal professions",Federal Law No. (10) of 2002 on Practicing the Veterinary Medicine Profession,"Article (15) +If the veterinarian suspected the infection of an animal with epidemic or contagious disease +he shall have the right to r etain it and inform the competent department or the concerned +authority in the Emirate immediately to take the necessary precautionary measures within 24 hours and he has to investigate the correct address of the owner of the animal. + +Article (15) BIS +The veterinary physician shall explain to the owner of the animal the expected medical results of the veterinary medical practices to be carried out by him. The animal owner shall +have the option either to accept or decline treatment unless the animal has an infectious or +Federal Law No. (10) of 20 02 on Practicing the Veterinary Medicine Profession 8 + epidemic disease. In case of surgery, the veterinary physician shall be required to obtain a +written declaration from the animal owner indicating his consent that the animal undergoes +such surgery. + +" +"labour, residency and leberal professions",Federal Law No. (10) of 2002 on Practicing the Veterinary Medicine Profession,"Article (16) +The veterinarian shall be considered responsible if he committed a mistake due to lack of experience, knowledge, diagnosis and treatment of disease which was the cause of injury to +the animal. + +" +"labour, residency and leberal professions",Federal Law No. (10) of 2002 on Practicing the Veterinary Medicine Profession,"Article (17) +It is impermissible to prepare, prescribe or change veterinary prescriptio ns except by +specialized veterinarian and the concerned establishment shall keep the prescriptions for +one year as from the date of its issuance and shall be registered in its official records to be +subject to the medicinal control. + +Article 17 BIS (1) +The veterinary facility in which the animal is treated shall maintain a register containing the +names and addresses of the owner of the animal, type of the animal, its medical history as +well as identification numbers, if any, its medical condition, all veterinary practices, their +respective dates, and final results of every case. + +Article (17) BIS (2) +Animal samples may not be sent outside the State without a prior permission from the Ministry. + +" +"labour, residency and leberal professions",Federal Law No. (10) of 2002 on Practicing the Veterinary Medicine Profession,"Article (18) +The veterinarian and the establishment shall abide by the decisions issued by competent +authorities for pricing the veterinary medications. + +Federal Law No. (10) of 20 02 on Practicing the Veterinary Medicine Profession 9 + Chapter Four +Penalties +" +"labour, residency and leberal professions",Federal Law No. (10) of 2002 on Practicing the Veterinary Medicine Profession,"Article (19) +Without prejudice to any more severe penalty provided for in any other law, a penalty of not +less than one year of imprisonment and/or a fine of not less than AED (10,000) ten +thousand dirhams and not exceeding AED (200,000) two hundred thousand dirhams sh all +be imposed on: +1. Those who practice the veterinary medicine profession or veterinary assistant professions without a license. +2. Those who submit incorrect documents or data, or used illegal methods to obtain the license to practice veterinary me dicine professions or veterinary assistant professions. +3. Those who used newsletters, signage, banners, or any other promotional materials to induce others to wrongfully believe that they have the right to practice the veterinary medicine profession or veterinary assistant professions. +The Court may order that the veterinary facility be closed and that its equipment and supplies related to the practice of the veterinary medicine profession be confiscated. +The license issued for the veterinary physician o r those who practice veterinary assistant +professions shall be deemed to have expired, and his name shall be removed from the general register for veterinary physicians and veterinary assistant professions as of the date on which the judgment becomes final. + +Article (19) BIS (1) +A penalty of one year of imprisonment and a fine of not less than AED (10,000) AED ten thousand dirhams and not exceeding AED (200,000) two hundred thousand dirhams shall +be imposed on every veterinary physician violates the provisions of Article 16 hereof. + +Article (19) BIS (2) +A fine of not less than AED (10,000) ten thousand dirhams and not exceeding AED +(100,000) one hundred thousand dirhams shall be imposed against every veterinary +Federal Law No. (10) of 20 02 on Practicing the Veterinary Medicine Profession 10 + physician who examined an animal, found out symptoms of one of diseases that should be +reported , and failed to report the same to the Ministry or the entity concerned. + +Article (19) BIS (3) +Imprisonment sentence and / or a fine of not less than AED (50,000) fifty thousand dirhams and not exceeding AED (500,000) five hundred thousand dirhams, shall be imposed against +every veterinary physician who conducts experiments or research on animals without +obtaining the approval of the Ministry. + +Article (19) BIS (4) +Imprisonment sentence and / or a fine of not less than AED (50,000) fifty thousand dirhams +and not exceeding AED (100,000,000) one million dirhams, shall be imposed against +whoever sends Animal samples outside the State without prior permission from the +Ministry. + +Article (19) BIS (5) +Imprisonment sentence and / or a fine of not less than AED (20,000) twen ty thousand +dirhams and not exceeding AED (200,000) two hundred thousand dirhams, shall be +imposed against those who establish a veterinary facility without license. + +Article (19) BIS (6) +Without prejudice to any more severe penalty provided for in any other law, the facility's +owner shall pay a fine of not less than AED (10,000) ten thousand dirhams and not exceeding AED (200,000) two hundred thousand dirhams in the following cases: +1. If the owner employs a veterinary physician or any occupier of a veterinary assistant +profession without obtaining the required license. +2. If the facility's owner of the establishment has knowledge that the license obtained by +the veterinary physician or the worker of veterinary assistant professions has been +granted on fr audulent grounds or deception on the part of the licensee. + +Federal Law No. (10) of 20 02 on Practicing the Veterinary Medicine Profession 11 + Article (19) BIS (7) +A fine of not less than AED (10,000) ten thousand dirhams and not exceeding AED +(150,000) one hundred fifty thousand dirhams shall be imposed against those who admit +sick animals in the veterinary hospital or clinic if the same is not equipped and licensed to do +so. + +" +"labour, residency and leberal professions",Federal Law No. (10) of 2002 on Practicing the Veterinary Medicine Profession,"Article (20) +Whoever is legally authorized to practice the profession and practiced it prior obtaining the +license shall be levied a fine not less than Dh. 1000 and shall not exceeding DH 5000 and +the court shall adjudge to close the establishment until he obtains the license. + +" +"labour, residency and leberal professions",Federal Law No. (10) of 2002 on Practicing the Veterinary Medicine Profession,"Article (21) +1. Criminal proceedings shall be initiated against the crimes st ipulated in this Law, which +are penalized by fine only, only by a written request issued by the Ministry or the entity concerned. +2. The crimes referred to in the preceding Item of this Article may be subject to conciliation +before the lawsuit is referre d to the competent court, subject to the payment of an +amount not exceeding half of the maximum fine prescribed for each relevant crime. +3. A de cision shall be issued by the Cabinet determining the rules of the conciliation and +the compensation for each crime referred to in Item No. 1 of this Article. +4. The Minister, the head of the entity concerned, or whomsoever assigned by any of them shall be entitled to impose any of the following disciplinary penalties against the +veterinary physician or whoever provides veterinary assistant professions in case any of +the provisions of this Law or its executive regulation have been violated: +a. Notice +b. Warning +c. Suspension from practicing the profession of veterinary medicine or veterinary assistant professions for not more than one year. +d. Withdrawal of the license and removing the name from the register of veterinary +physicians or from the reg ister of veterinary assistant professions. +Federal Law No. (10) of 20 02 on Practicing the Veterinary Medicine Profession 12 + 5. The Minister, the head of the Entity concerned, or whomsoever assigned by any of them +may impose any of the following administrative penalties against the facility in case any +of the provisions of this Law or its executive regulation have been violated: +a. Notice +b. Closing the facility for not more than six months. +c. Closing the facility permanently. +d. Revoking the license. + +Chapter Five +General provisions +" +"labour, residency and leberal professions",Federal Law No. (10) of 2002 on Practicing the Veterinary Medicine Profession,"Article (22) +The Employees designated under a decision by the Minister of Justice, in agreement with the +Minister or the head of the Entity concerned, shall have the Law Enforcement Officers capacity for detecting the violations of the provisions of this law and decisions issued in +implementation thereof. + +" +"labour, residency and leberal professions",Federal Law No. (10) of 2002 on Practicing the Veterinary Medicine Profession,"Article (23) +The Cabinet shall is sue a resolution on the due fees according to the provisions of this Law +and its executive regulation. + +" +"labour, residency and leberal professions",Federal Law No. (10) of 2002 on Practicing the Veterinary Medicine Profession,"Article (24) +All the existing establishments in the country shall adapt their situation with the provisions of this law within six months as from the d ate of its issuance. +Veterinary clinics which were existed before the issuance of this law shall be exempted from the condition stipulated in item (1) of article (10) of this law. + +" +"labour, residency and leberal professions",Federal Law No. (10) of 2002 on Practicing the Veterinary Medicine Profession,"Article (25) +The Minister shall issue the executive by -law of this law. + +Federal Law No. (10) of 20 02 on Practicing the Veterinary Medicine Profession 13 + " +"labour, residency and leberal professions",Federal Law No. (10) of 2002 on Practicing the Veterinary Medicine Profession,"Article (26) +All other laws or regulations may contradict the provisions of this law shall be considered +cancelled. + +" +"labour, residency and leberal professions",Federal Law No. (10) of 2002 on Practicing the Veterinary Medicine Profession,"Article (27) +This Law shall be published in the official Gazette and shall come into effect 30 days after its publishing. + + + + +Zayed Bin Sult an Al Nahyan +President of the United Arab Emirates + +Issued at the presidential palace in Abu Dhabi on: +September 29, 2002 AD. +On 21st of Rajab 1423 H. +Corresponding to Rajab 21st, 1423 H. + + + " +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2022 Concerning the Executive Regulations of Federal Law No. (12) of 2014 Regulating the Auditing Profession,"Article (1) +Definitions +The definitions mentioned in Federal Law No. (12) of 2014 shall apply to the present +Resolution. Otherwise, the following words and expressions shall bear the meanings +assigned thereto respectively, unless the context requires otherwise: +Fellowship Certifi cate : The fellowship certificate approved by the Ministry. +Register : Any register of auditors set forth in article (2) of the +present Resolution and created in the Ministry for +recording auditors in accordance with the provisions +of the Law and the present Resolution. Cabinet Resolution of 202 2 Concerning the Executive Regulations of Federal Law of 201 4 Regulating the +Auditing Profession 2 + Electronic Auditor Program : An information system in the information network +created by the Ministry to process, manage and store +electronic information on auditors’ services. +Law : Federal Law No. (12) of 2014 Regulating the Auditing +Profession, as amended. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2022 Concerning the Executive Regulations of Federal Law No. (12) of 2014 Regulating the Auditing Profession,"Article (2) +Registers of Auditors +Electronic registers shall be created in the Ministry for registering auditors, as follows: +1. Register of Auditors of Natural Persons Who Practice the Profession ; +2. Register of Auditors of Natural Persons Who Do Not Practice the Profession ; +3. Register of trainee auditors; +4. Register of Auditors of Legal Persons That Practice the Profession , including: +a. Local audit firms and companies ; +b. Branches of foreign audit firms and companies; and +c. Natural persons working for an auditor. +5. Register of Auditors of Natural and Legal Persons Practicing Activities Related to The +Profession , such as preparation of statutory financial reports , financial and administrative +accounting, tax accounting, internal auditing and forensic audit ( accounting expert) ; and +6. Any other registers required by work. + + Cabinet Resolution of 202 2 Concerning the Executive Regulations of Federal Law of 201 4 Regulating the +Auditing Profession 3 + " +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2022 Concerning the Executive Regulations of Federal Law No. (12) of 2014 Regulating the Auditing Profession,"Article (3) +Data for Entry into the Registers of Auditors +The registers referred to in article (2) of the present Resolution shall include the following +data and information: +1. Register of auditors of natural persons who practice the profession and who do not +practice the profession and trainee auditors shall include the following data and +information: +a. Personal information of an auditor, provided that it includes his name, date of birth, +date of obtaining the academic qualification, practical experience, address, phone +numbers, e -mail and regular mail; +b. An auditor’s registration number in the register an d the date of obtaining the same; +and +c. An auditor’s authorized official signature form +2. Register of auditors of legal person s: The data and information entered therein shall be +kept and classified in two files, one of which shall be dedicated for companies a nd firms +established inside the state and the other for branches of foreign audit companies licensed +to operate inside the state , in accordance with the provisions of the Law and the relevant +legislation, provided that both files include the following data : +a. Data of the company, including its name, type and address inside the state, number of +its branches, phone numbers, e -mail and regular mail; +b. Number of registration in the register and the date of obtaining the same; +c. Names of partners and the share of each partner; +d. Name of its representatives and authorized signatory; and +e. Nationality of the company in respect of branches of the foreign companies. + + Cabinet Resolution of 202 2 Concerning the Executive Regulations of Federal Law of 201 4 Regulating the +Auditing Profession 4 + " +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2022 Concerning the Executive Regulations of Federal Law No. (12) of 2014 Regulating the Auditing Profession,"Article (4) +Requi rements for Registration in the Register of Auditors of Natural Persons +Who Practice the Profession +1. The following requirements shall be met by any person who is registered in the register of +auditors of natural persons who practice the profession : +a. He shall be fully competent. +b. He shall have a valid ID. +c. He shall be of good conduct and has not been convicted of a felony or a misdemeanor +against honor or trust, under a final judgment, unless he has been rehabilitated. +Moreover, he has not been subject to a disciplinary penalty for reasons affecting the +integrity and honor of the profession or the position he occupied, unless three years +has passed since the issuance of the final judgment. +d. He shall at least hold a bachelor's degree recognized in the state in accounting or any +other discipline, provided that he has studied an equivalent of at least fifteen (15) +hours in accounting curricula approved by the Ministry. +e. He shall hold a valid fell owship certificate. +f. He shall have practical experience in the area of auditing of at least five (5) years after +obtaining the academic qualification. +2. In addition to the requirements set out in Clause (1) of this article , the following +requirements shall be met upon registering natural persons who are not nationals of the +state in the register of auditors who practice the profession: +a. He shall have a practical experience in auditing in the state as follows: +1. One year if he has experience of more than ten (10) years from abroad; +2. Two years if he has experience of five (5) to ten (10) years from abroad; and +3. Three years if he has experience of two (2) to five (5) years from abroad. Cabinet Resolution of 202 2 Concerning the Executive Regulations of Federal Law of 201 4 Regulating the +Auditing Profession 5 + 4. Subject to the preceding clause of this article , the Minister shall approve the +fellowship certificate program, the continuing vocational education programs , the +controls and the accredited authorities in this regard. +5. Subject to the provision of article (19) of the present Resolution, natural persons +who are registered in the register of auditors before the date of iss uance of the +present Resolution shall, if they do not hold a foreign fellowship certificate +recognized by the Ministry, adjust their statuses by holding a fellowship certificate +within two years from the date of i ssuance of the present Resolution. Those who +hold a foreign fellowship certificate shall continue the hours of continuing +vocational education that enable them to equate their certificates and obtain a +fellowship certificate within the said period. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2022 Concerning the Executive Regulations of Federal Law No. (12) of 2014 Regulating the Auditing Profession,"Article (5) +Documents for Registration in the Register of Auditors of Natural Persons +Who Practice the Profession +The application for registration in the register of auditors of natural persons who practice the +profession shall be submitted through the electronic means on the form designated by the +Ministry , accompanied by the following documents : +1. Valid fellowship certificate; +2. Valid ID; +3. Certificate of good conduct; +4. A copy of the academic degree certified or equated by the competent authority; +5. A copy of the experience certificate; +6. A colored and recent personal photograph; +7. A specimen of the auditor’s authorized signature; and Cabinet Resolution of 202 2 Concerning the Executive Regulations of Federal Law of 201 4 Regulating the +Auditing Profession 6 + 8. Any other documents required for completing the registration requirements by the +applicant under the requirements set forth in Claus e (2) of article (4) of the present +Resolution if the registration applicant is a non -national of the state. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2022 Concerning the Executive Regulations of Federal Law No. (12) of 2014 Regulating the Auditing Profession,"Article (6) +Documents for Transfer of Registration in the Register of Auditors of +Natural Persons Who Do Not Practice the Profession +The auditor shall submit an application for transfer of his registration to the register of +auditors of natural persons who do not practice the profession within no more than thirty +(30) days from the date of occurrence of any reason preventing him from pr acticing the +profession through the means designated by the Ministry on the form designated for such +purpose, accompanied by the following documents: +1. A letter from the applicant, indicating the reasons for applying for transfer to the register +of auditors of natural persons who do not practice the profession; and +2. The certificate of registration or renewal of registration in the register of auditors of +natural persons who practice the profession in the form approved by the Ministry. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2022 Concerning the Executive Regulations of Federal Law No. (12) of 2014 Regulating the Auditing Profession,"Article (7) +Re-registration in the Register of Auditors of Natural Persons Who Practice +the Profession +The registration in the register of auditors of natural persons who do not practice the +profession shall be transferred to the register of auditors of natural persons who practice the +profession in accordance with the following controls: +1. An application for re -registration in the register of auditors of natural persons who +practice the profession shall be submitted. +2. The requirements for registration in the register of auditors of natural persons who +practice the profession set forth in the Law and the present Resolution shall be met. Cabinet Resolution of 202 2 Concerning the Executive Regulations of Federal Law of 201 4 Regulating the +Auditing Profession 7 + 3. The documents required by the Ministry shall be updated and the requirements set out in +articles (4) and (5) of the present Resolution shall be met. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2022 Concerning the Executive Regulations of Federal Law No. (12) of 2014 Regulating the Auditing Profession,"Article (8) +Documents for Registration in the Register of Auditors of Legal Person s that +Practice the Profession +The application for registration in the register of auditors of legal person s that practice the +profession shall be submitted through the means designated by the Ministry on the form +designated for such purpose , accompanied by the following documents: +1. A co py of the certificates of registration of all natural partners in the company in the +register of auditors of natural persons who practice the profession. If one of the partners +is a legal person established outside the state, a certificate from the competent authority +in its state of nationality , indicating that it obtains a valid license to practice the profession +for at least five (5) years shall be submitted. +2. A copy of the partners’ IDs . +3. A copy of the company’s duly certified articles of associati on in Arabic. +4. A valid copy of the license issued for the company by the competent authority. +5. A valid copy of the documents of the professional liability insurance contract concluded +with one of the insurers operating in the state. +6. Specimens of the auditors ’ authorized signatures. +7. Any other requirements set out in the present Resolution. +Subject as aforesaid the sole proprietorship of auditors shall be treated as a legal person with +regard to the above -mentioned requirements to the extent necessary to be con sistent with its +nature. + + Cabinet Resolution of 202 2 Concerning the Executive Regulations of Federal Law of 201 4 Regulating the +Auditing Profession 8 + " +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2022 Concerning the Executive Regulations of Federal Law No. (12) of 2014 Regulating the Auditing Profession,"Article (9) +Submission of an Application for Registration of Branches of Foreign +Companies in the Register +The application for registration of branches of foreign companies in the register of auditors of +legal person s that practice the profession shall be submitted through the means designated +by the Ministry on the form designated for such purpose, accompanied by the following +documents: +1. A letter indicating that the commercial registration department concerned does not object +to the conduct of the registration procedures; +2. A copy of the memorandum and articles of association of the foreign parent audit +company, translated into Arabic and duly certified; +3. A certificate that the parent company practices the auditing profession in its home country +in accordance with the period set forth in the Law; +4. A copy of the certificates of registration of the branches of the foreign audit company , +provide d that they are valid and issued by the register of foreign companies; +5. A letter from the parent company, designating the names of representatives of the +branches to be registered , its signatories and their places of business in the state; +6. A copy of valid c ertificates of registration of the representatives of the company’s branches +in the register of auditors of natural persons who practice the profession; +7. A copy of the valid license issued by the competent authorities for all branches of the +company; +8. A vali d copy of the documents of the professional liability insurance contract concluded +with one of the insurers operating in the state. +9. Specimens of the authorized signatures of the auditors representing the branches of the +foreign audit company. + + Cabinet Resolution of 202 2 Concerning the Executive Regulations of Federal Law of 201 4 Regulating the +Auditing Profession 9 + " +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2022 Concerning the Executive Regulations of Federal Law No. (12) of 2014 Regulating the Auditing Profession,"Article (10) +Approval of the Application for Registration of an Auditor in the Register +1. In case of approval of an auditor’s application for registration of his name in the register, +the following procedures shall apply: +a. The applicant shall be notified of the appr oval of his registration. +b. The applicant shall be notified of the necessity to pay the registration fees. +c. The applicant’s signature on the undertaking, set forth in article (12) of the Law, shall +be ensured. +d. An electronic certificate shall be issued by the Ministry to indicate the registration of +the auditor’s name in the register. Such certificate shall include the data set forth in +article (13) of the Law and any other detailed data. +2. Registration in the registers set forth in the present Resolution shall b e valid for three (3) +years from the date of written approval of the registration application, unless the +registered auditor is no longer meets the requirements set forth in the Law and the present +Resolution. +3. The registration a pplicant may file a complain t to the Ministry within fifteen (15) days +from the date of being informed of the rejection of the registration application. +4. Subject to the preceding clause of this article, the registration applicant may resort to the +competent courts to file a challenge against the Ministry’s decision on the complaint +within thirty (30) days from the date of the resolution of the Ministry. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2022 Concerning the Executive Regulations of Federal Law No. (12) of 2014 Regulating the Auditing Profession,"Article (11) +Renewal of Registration in the Registers of Auditors +1. An applica tion for renewal of registration in the registers of auditors who practice the +profession shall be submitted to the Ministry on the form designated for such purpose +within sixty (60) days preceding the expiry of the valid registration. The application shal l +be accompanied by the following documents: Cabinet Resolution of 202 2 Concerning the Executive Regulations of Federal Law of 201 4 Regulating the +Auditing Profession 10 + a. A copy of the valid ID of natural auditors; +b. A valid copy of the documents of the professional liability insurance contract +concluded with one of the insurers operating in the state ; +c. A valid fellowship certificate; +d. A copy of the license issued by the competent authorities as for legal persons; +e. Implanting training programs concerning audit firms and companies; and +f. Any other requirements set forth in the present Resolution. +2. Registration in the register of auditors shall be renewed for a period of not less than one +(1) year and not more than three (3) years at the request of the registration applicant. +3. The auditor’s registration shall be cancelled if the auditor fails to renew his registration for +ten months from the date of expiry thereof, provided that a new application shall be +submitted to renew his registration in accordance with the provisions of the present +Resolution. +4. Subject to the preceding paragraph, the auditor may file a complaint about the +cancellation of registration as set forth in Clause (3) of this article if the delay in renewing +the registration is justifiabl e. The Minister may, if the compliant appears well founded, +cancel the decision according about which the complaint has been file d with regard to the +continuation of registration. +5. The cancellation of the decision about which the complaint is filed shall not prevent the +imposition of a fine for the delay in renewal of registration. The auditor shall pay such fine. +6. Subject to the prec eding clauses of this article, auditors shall adhere to the continuing +vocational education programs as a condition and requirement for renewal of +registration. + + Cabinet Resolution of 202 2 Concerning the Executive Regulations of Federal Law of 201 4 Regulating the +Auditing Profession 11 + " +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2022 Concerning the Executive Regulations of Federal Law No. (12) of 2014 Regulating the Auditing Profession,"Article (12) +Notice of Modification or Change +The auditor whose registration data or accompanying documents have been modified or +changed shall access his personal account in the electronic auditor program through the +website of the Ministry to submit a notice of modification, subject to the following +requirements: +1. The notice shall be submitted during the term of his registration in the registers of the +Ministry. +2. The notice shall be submitted by marking the data of the electronic program referred to in +this article within a period not exceeding thirty (30) days from the date of occurrence of +modification or change. +3. The duly certified documents and papers which confirm the occurrence of the +modification or change shall be accompanied. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2022 Concerning the Executive Regulations of Federal Law No. (12) of 2014 Regulating the Auditing Profession,"Article (13) +Registration of Natural Persons in the Training Register +Natural persons shall be registered in the register of trainee auditors in accordance with the +requirements set forth in article (4) of the present resolution, except for the requirement of +practical experience. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2022 Concerning the Executive Regulations of Federal Law No. (12) of 2014 Regulating the Auditing Profession,"Article (14) +Method and Requirements of Training +Audit firms and companies shall, upon implementing the training programs developed or +approved by the Ministry for those who desire to be registered in the register of trainees , +comply with the controls and standards set by the Ministry for the tr aining programs with +regard to diversifying the s ources and methods of training to include the following fields: +1. Financial and administrative accounting; Cabinet Resolution of 202 2 Concerning the Executive Regulations of Federal Law of 201 4 Regulating the +Auditing Profession 12 + 2. Tax accounting; +3. External auditing; +4. Internal auditing; and +5. Forensic audit, +Aiming at achieving knowledg e and awareness of the following: +1. The economic and commercial legislation in force in the state; +2. Financial, cost and government accounting; +3. Accounting and auditing standards; +4. Rules and ethics of the profession; +5. Preparation of financial statements and reports; +6. Quality controls standards for accounting and auditing firms; and +7. Any other programs required for training and work in the profession. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2022 Concerning the Executive Regulations of Federal Law No. (12) of 2014 Regulating the Auditing Profession,"Article (15) +Register of Natural and Legal Persons Practicing Activities Related to the +Profession +The provisio ns of articles (3) and (4) of the present Resolution shall apply to the register of +natural and legal persons practicing activities related to the profession to extent necessary to +be consistent with the nature of such register, provided that the provision s of such register +shall apply as determined by the Ministry in this regard. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2022 Concerning the Executive Regulations of Federal Law No. (12) of 2014 Regulating the Auditing Profession,"Article (16) +Controls for Professional Liability Insurance +A professional liability insurance policy shall be issued for the auditor by an insurer licensed +in the state. The insurance policy shall meet the following requirements: +1. It shall be issued in the name of the firm or company practicing the profession. Cabinet Resolution of 202 2 Concerning the Executive Regulations of Federal Law of 201 4 Regulating the +Auditing Profession 13 + 2. It shall cover civil liability and professional errors with regard to damage caused by +practicing the profession, unint entional errors and accidental omission, including liability +arising from workers of the auditor, whether firms, companies or branches of foreign +companies. +3. It shall be valid throughout the period of registration of the firm or company in the register. +4. The insurance coverage amount shall not be less than a percentage of the total annual +fees of the firm or company practicing the profession, depending on the segments +determined by the Ministry. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2022 Concerning the Executive Regulations of Federal Law No. (12) of 2014 Regulating the Auditing Profession,"Article (17) +Controls for Keeping Records, Files and Data +The auditor shall take the necessary procedures that enable him to keep his clients’ records , +files and data. To this end, he shall: +1. Notify persons and entities whose accounts are audited by him that the period during +which records are kept , referred to in the Law and the present resolution, is not less than +five (5) years, commencing from the end of the last financial year during which he audits +their accounts; +2. Maintain the confidentiality of the information mentioned in the records; +3. Continue to respect th e obligation of keeping records and files in accordance with the +provisions of the Law and the present Resolution in case of his suspension, termination +or retirement; +4. Notify the Ministry of any data, information or records lost or damaged due to any reason +and submit an official statement indicating the reason for loss or damage; +5. Keep an electronic copy of the records, files and data audited by him ; +6. Submit an application to the Ministry for transfer of clients’ records to another auditor if +he is writ ten off from the register in which he was registered, provided that he informs +them of the same within no more than fifteen (15) days; Cabinet Resolution of 202 2 Concerning the Executive Regulations of Federal Law of 201 4 Regulating the +Auditing Profession 14 + 7. Deliver the records to the respective clients or deliver the same to another auditor if he is +written off from the regist ers of the Ministry, provided that the clients’ records are +transferred in accordance with the provisions of Clause (6) of this article; and +8. Deliver the documents to the respective clients or destroy such records by punching or +shredding by using machines that prevent leakage of information contained therein or +disclosure of the same in any way after the expiry of the five (5) years prescribed for +record -keeping. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2022 Concerning the Executive Regulations of Federal Law No. (12) of 2014 Regulating the Auditing Profession,"Article (18) +Disciplinary Board and its Working System +1. The Auditor s Disciplinary Board formed in accordance with the provisions of article (28) +of the Law shall convene whenever necessary at the call of the Chairman of the Board and +at least three members. +2. The quorum of the Board’s meetings shall be valid in the presence of the Chairman and at +least two members . The Board’s decisions shall be issued by the majority of votes of the +attending members. In case of a tie, the Chairman shall have the casting vote. +3. The Board’s rapporteur shall develop a record to write the minute s, work, +recommendations and decisions of the Board. +4. The Board shall issue its decision s within no more than fifteen (15) days from the date of +its meeting . The decisions shall be written and reasoned. +5. The Board’s rapporteur shall provide the auditor with a copy of the Board’s decision by +registered mail within no more than ten (10) days from the date of issuance thereof or by +one of the means set out in article (31) of the Law. + + + + Cabinet Resolution of 202 2 Concerning the Executive Regulations of Federal Law of 201 4 Regulating the +Auditing Profession 15 + " +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2022 Concerning the Executive Regulations of Federal Law No. (12) of 2014 Regulating the Auditing Profession,"Article (19) +Repeals +Cabinet Resolution No. (21) of 2016 Concerning the Executive Regulations of Federal Law +No. (12) of 2014 Regulating the Auditing Profession is hereby repealed. Moreover, any +resolution or provision contradicting or inconsistent with the present Resolution is hereby +repealed. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2022 Concerning the Executive Regulations of Federal Law No. (12) of 2014 Regulating the Auditing Profession,"Article (20) +Publishing and Entry into Force of the Resolution +The present Resolution shall be published in the Official Gazette and shall enter into force +after four (4) days from the date of i ts publishing. + + + + + + + + + + +Mohammed bin Rashid Al Maktoum +Prime Minister + +Issued by Us: +On: 10 Shawwal 1443 AH. +Corresponding to: 11 May 2022 AD. " +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (1) Definitions +In applying the provisions of this Decree Law, the following words and expressions shall have the meanings ascribed thereto respectively, unless the context otherwise requires: + State: + United Arab Emirates. + TDRA: + Telecommunications and Digital Government Regulatory +Authority. + + Board: + Board of Directors of TDRA. + +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 3 + Chairman: + Chairman of the Board of Directors of TDRA. + + Government +Authorities: + Federal and local government authorities. + + Competent +Authorities: + Government Authorities responsible for matters related to +data protection and electronic security in the State, and the +Federal Authority for Identity and Citizenship, as the case may +be. + + Federal Authority +for Identity and +Citizenship: + The Federal Authority for Identity, Citizenship, Customs and +Port Security. + + Electronic: + Electromagnetic, photoelectric, digital, optical, or the like. + + Electronic +Transactions: + Any transaction that is made, executed, provided or issued in +whole or in part in electronic form, including contracts, +agreements and other transactions and services. + + Electronic Dealing: + Creating, signing, sending, receiving, storing or retrieving +Electronic Documents. + + Information Any electronic tool for performing logic and arithmetic +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 4 + Technology Means: + operations or for storing, sending and receiving data. + + Electronic +Document: + An electronic record or message, or an information statement +that is created, stored, extracted, copied, sent, communicated +or received by Information Technology Means, on any +medium, and is retrievable in a readable manner. + + Data: + A set of facts, measurements and observations in the form of +numbers, letters, symbo ls, or special shapes that are collected +to be used. + + Electronic +Information: + Any data or information that can be stored, processed, +generated and transmitted by Information Technology Means +in the form of text, images, audio, video, numbers, letters, +symbols, signs and else. + + Electronic +Information System: + A set of Information Programs and Information Technology +Means designed to create, process, manage, store and +exchange Electronic Information or the like. + + Originator: + A person, by whom, or on w hose behalf, the Electronic +Document is created or sent, whatever the case may be, but +does not include a person who provides services related to +processing, sending or storing such Electronic Document or +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 5 + other relevant services. + + Addressee: + A person wh o is intended by the Originator to receive the +Electronic Document, but does not include a person who +provides services related to receiving, processing or storing +Electronic Documents or other relevant services. + + Information +Program: + A set of data, ins tructions and commands processable by +Information Technology Means, intended to perform a certain +task. + + Automated +Electronic Medium: + An Electronic Information System that operates automatically +and independently, in whole or in part, without interventi on +by any natural person at the time of operation or response. + + Automated +Electronic +Transactions: + Transactions made or executed in whole or in part by an +Automated Electronic Medium. + + Authentication +Procedures: + Electronic procedures that aim to veri fy the identity of a person +or his/her legal representative or the authenticity and integrity +of the data received in any electronic form, including any +procedure that uses algorithms, symbols, words, identification +numbers, encryption and other data prote ction measures. +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 6 + Electronic +Identification +System: + Technical and organizational measures that use a person's +data to verify his/her identity and capacity for the purpose of +issuing his/her Electronic Identifiers. + + Electronic Identifier: + Any material or immaterial identifier issued through the +Electronic Identification System that includes personal +identification elements or data for the purpose of verifying a +person's identity. + + Digital Identity: + A special Electronic Identifier that gives a person access to +carry out Electronic Transactions, signatures and seals with +government or non -government authorities that adopt such +an identifier to provide their services. + + Trust Services: + The electronic services specified under Clause (1) of article +(17) hereof which a Trust Service Provider is licensed to +provide according to the License issued thereto. + + Qualified Trust +Services: + The electronic services specified under Clause (2) of article +(17) hereof which a Qualified Trust Service Provider is licens ed +to provide according to the License issued thereto. + + Electronic Signature +Authentication A document issued in electronic form by a Trust Service +Provider that links between the verification data of the +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 7 + Certificate: + Electronic Signature and a specific person and attributes it to +his/her Electronic Signature, confirming the name and identity +of such person or his/her pseudonym. + + Qualified Electronic +Signature +Authentication +Certificate: + An electronic signature authentication document issued by a +Qual ified Trust Service Provider based on the Electronic +Identification System and Authentication Procedures that +meets the conditions approved by TDRA in this regard. + + Electronic Signature: + A signature consisting of letters, numbers, symbols, sound, +finger print, or an electronic form processing system, attached +to, or logically associated with an Electronic Document, +verifying the identity of the Signatory and his/her approval of +the information contained in such document. + + Reliable Electronic +Signature: + An electronic signature that meets the conditions specified in +article (19) hereof. + + Qualified Electronic +Signature: + A Reliable Electronic Signature that is created by a qualified +electronic signature device, and is issued based on a Qualified +Electron ic Signature Authentication Certificate. + + Electronic Seal: + Data in electronic form that is attached to or logically +associated with an Electronic Document, used to verify the +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 8 + identity of the relevant person and the authenticity and +integrity of the data source in such document. + + Reliable Electronic +Seal: + An electronic seal that meets the conditions specified in article +(19) hereof. + + Qualified Electronic +Seal: + A Reliable Electronic Seal that is created by a qualified +electronic seal device, and is i ssued based on a Qualified +Electronic Seal Authentication Certificate. + + Electronic Seal +Authentication +Certificate : + A document issued in electronic form by a Trust Service +Provider that links between the verification data of the +electronic seal and a sp ecific legal person, confirming the +name and identity of such person. + + Qualified Electronic +Seal Authentication +Certificate: + An electronic seal authentication document that meets the +conditions approved by TDRA in this regard and is issued by a +Qualifie d Trust Service Provider based on the Electronic +Identification System and Authentication Procedures. + + Electronic Signature +or Seal Creation +Data: + Unique electronic data that is owned, supervised and +controlled by the Signatory and used to create an ele ctronic +signature or seal. + +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 9 + Signatory: + A person who creates an electronic signature or seal. + + Electronic Signature +or Seal Device: + Systems, software or devices that are used to create an +electronic signature or seal of its various levels in accord ance +with this Decree Law. + + Qualified Electronic +Time Stamp: + Data in electronic form which binds an Electronic Document +to a particular time establishing evidence that its content +existed at that time. + + Qualified Electronic +Delivery Service: + A servic e for the transmission of data between persons by +electronic means that provides evidence of sending and +receiving the data, protects transmitted data against the risk of +loss, theft, damage or any unauthorized alterations, and +confirms the identity of suc h persons. + + Person: + A natural or legal person. + + Relying Party: + A person who relies on electronic Trust Services to provide +services or transactions or to perform any other act. + + Qualified Trust +Mark: + A mark or logo that proves that the Trust Servi ce Provider is +qualified by TDRA to provide qualified electronic Trust +Services. +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 10 + + Trust Service +Provider: + A person who is licensed by TDRA, in accordance with the +provisions of this Decree Law and the Executive Regulations +thereof, to provide one or mor e Trust Services. + + Qualified Trust +Service Provider: + A Trust Service Provider who is granted the qualified status by +TDRA to provide Trust Services and Qualified Trust Services, +according to the status granted thereto. + + Licensee: + A legal person who i s licensed by TDRA in accordance with the +provisions of this Decree Law and the Executive Regulations +thereof. + + License: + An authorization issued pursuant to the provisions of this +Decree Law and the Executive Regulations thereof allowing +the Licensee to proceed with any Trust Services or Qualified +Trust Services. + + UAE Trust List: + A list prepared and published by TDRA that determines Trust +Service Providers, Qualified Trust Service Providers, the +services and data related thereto, the status of license and their +compliance with this Decree Law, the Executive Regulations +thereof, and the decisions issued by TDRA in implementation +thereof. +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 11 + + Compliance +Assessment: + An assessment made by TDRA, or any other entity authorized +thereby, to ascertain whether t he license applicants and +Licensees comply with the conditions, controls and standards +approved under this Decree Law and the decisions issued in +implementation thereof. + + Coordinated +Universal Time +(UTC ): + The time scale, based on the standard second, as defined by +the international standards. + + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (2) Applicability of the Decree Law +1. The provisions of this Decree Law shall apply to: +a. Persons who adopt Electronic Transactions , Trust Services and Qualified Trust +Services specified in accordance with the provisions of this Decree Law. +b. Electronic Transactions, Electronic Documents, Trust Services, Qualified Trust +Services, and the necessary procedures for completion thereof. +2. The Cabinet may add, delete or exclude any transaction, document, service or procedure +mentioned in Paragraph (B) of Clause (1) of this article, and may exclude any entity from +all or some of the provisions of this Decree Law. +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 12 + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (3) Objectives of the Decree Law +This Decree Law aims to: +1. Enhance trust, encourage and facilitate Electronic Transactions of all kinds, and protect +the rights of customers. +2. Keep pace with technological development to enhance Electronic Transactions in all sectors. +3. Promote digital transformation, investment, and provide electronic services to the +public. + + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (4) Competencies of TDRA +For the purposes of applying the provisions of this Decree Law, TDRA shall have the +following competencies: +1. Regulating the work and activities of the Licensees, including issuing, renewing, amending, suspending and canceling Licenses, exempting from licensing or some or all +of its conditions, and granting or withdrawing the qualified status, after ensuring that the +Licensees comply with the controls, standards and requirements agreed upon with the +Competent Authorities. +2. Issuing controls, procedures and standards related to the Electronic Identification +System, Authentication Procedures and Digital Ident ity, after coordination with the +Competent Authorities. +3. Issuing controls, procedures and standards related to Trust Services and Qualified Trust +Services, in particular the mechanism for creating, saving and validating Electronic +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 13 + Signatures, Electronic Seals, Electronic Documents electronically signed or sealed, and +Qualified Trust Mark specifications, after coordination with the Competent Authorities. +4. Assessing license applicants or those licensed thereby or by the compliance assessment +body and setting controls and conditions for regulating the work of compliance +assessment bodies. +5. Preparing, publishing and updating the UAE Trust List of Licensees, Trust Services and +Qualified Trust Services. +6. Supervising, controlling and inspecting Licensees, provided that coordination is made with the Central Bank of the United Arab Emirates regarding the inspection of the +financial institutions licensed thereby. +7. Receiving and adjudicating complaints and taking the necessary procedures and +measures with respect thereto. +8. Any other competencies assigned thereto by the Cabinet. + + +Chapter Two Electronic Transactions + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (5) Electronic Documents +1. An Electronic Document shall not lose its legal force or enforceability for being in +electronic form. +2. The data contained in Electronic Documents shall not lose its legal force for being +received, whenever the details of such data are accessible, within the Electronic +Information System of its Originator, with the Electronic Documents indicating the way +of such access. +3. Nothing in this Decree Law requires a person to use an Electronic Document without the +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 14 + consent thereof. +4. A person's consent to the use of the Electronic Document may be inferred from any +conduct that indicates such consent. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (6) Storage of Electronic Documents +1. If any legislatio n in force in the State requires the storage of a document, record or +information, for any reason, this requirement shall be fulfilled if that document, record +or information is stored in the form of an Electronic Document, while observing the +following: +a. Storing the Electronic Document in the form in which it is created, sent or received, +or in any form that may prove that it accurately represents the information originally +created, sent or received. +b. Keeping the information stored in a way that allows it to be used and referenced +later. +c. Storing such information, if any, that enables identification of the Originator of the +Electronic Document, the destination thereof, and the date and time of sending and +receiving same. +2. The obligation to store d ocuments, records or information in accordance with Paragraph +(C) of Clause (1) of this article shall not extend to include any information that is necessarily and automatically created merely to enable the sending or receiving of the +document. +3. Any pe rson may fulfill the requirements stipulated in Clause (1) of this article by using +the services of any other person, as long as such person complies with the conditions +stipulated in that Clause. +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 15 + 4. Government Authorities may set any additional requirem ents, that do not conflict with +the provisions of this Decree Law, for maintaining Electronic Documents that fall under +their jurisdiction. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (7) Writing +If any legislation in force in the State requires any information, statement, document, record, transaction or evidence to be in writing, or stipulates certain consequences in the event of +no writing, this requirement shall be considered met by the Electro nic Document if the +information contained therein is stored in a way that allows it to be used and referenced. + + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (8) Signatures and Seals on Electronic Documents +1. If any legislation in force in the State requires the affixation of a signature or seal on a document or record, or stipulates certain consequences in the event of not signing or +sealing a document or record, this requirement shall be considered met in the following +cases: +a. Using a means of identifying a pe rson and indicating the intention of such person +with respect to the information contained in the Electronic Document. +b. If the means used meets either of the following two conditions: +1) To be qualified for the purpose for which the Electronic Document is created or sent. +2) To meet the requirements set forth in Paragraph (A) of Clause (1) of this article, either alone or with any other evidence. +2. Any person may use any form of electronic authentication unless the law provides +otherwise. +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 16 + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (9) Original Document +If any legislation in force in the State requires the submission or storage of any document, +record, information or message in its original form, this requirement shall be considered met +by the Electronic Document in the following cases: +1. If there is technical evidence confirming the integrity of the information contained in the Electronic Document since the time when the document, record or information is +created for the first time in its final form as an Electronic Document. +2. If the Electronic Document allows presenting the information required to be submitted +whenever requested. +3. If there are any additional conditions related to the submission or storage of Electronic +Documents as determined by the Government Authority that supervises the submission +or storage of such records or information. + + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (10) Creation and Validity of Contracts +1. For contracting purposes, offer and acceptance may be expressed electronically. +2. A contract shall not lose its validity, evidential weight or enforceability merely because it is made in the form of one or more Electronic Documents. + + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (11) Automated Electronic Transactions +1. A contract may be made between Automated Electronic Mediums that include one or +more Electronic Information Systems that are prepared and programmed in advance for +this purpose. Such contract shall be valid, enforceable and legally effective even in the +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 17 + absence of personal or direct interference by any nat ural person in the process of making +the contract in these systems. +2. A contract may be made between an automated Electronic Information System in the +possession of a particular person and another person if the latter knows, or is supposed +to know, that such system will make or execute the contract automatically. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (12) Attribution +1. An Electronic Document is considered issued by the Originator if he has issued it +himself. +2. In the relationship between the Originator and Addressee, an Electronic Document shall +be considered issued by the Originator in the following cases: +a. If it is sent by a person who has the authority to act on behalf of the Originator. +b. If it is sent by an electronic medium automated and programmed to operate +automatically by or on behalf of the Originator. +3. In the relationship between the Originator and Addressee, the Addressee shall have the +right to consider the Electronic Document as issued by th e Originator and to act on this +basis in the following cases: +a. If the Addressee correctly applies a procedure previously approved by the +Originator for the purpose of ensuring that the Electronic Document has been +issued by the Originator for this purpose. +b. If the Electronic Document received by the Addressee has resulted from the actions of a person who, based on his relationship with the Originator or any +agent of the Originator, can access a method used by the Originator to prove that +the Electronic Document is issued thereby. +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 18 + 4. The provisions of Clause (3) of this article shall not apply in the following cases: +a. If the Addressee receives a notification from the Originator that the Electronic +Document has not been issued thereby, provided that the Addressee has been +given reasonable time to act according to the notification. +b. If the Addressee has known, or should have known, that the Electronic +Document is not issued by the Originator. +c. If it is unreasonable for the Addressee to consider the Electronic Document to be issued by the Originator or to act on this basis. +5. If an Electronic Document is issued or considered to be issued by the Originator or if the Addressee has the right to act on this basis in accordance with Clauses (1), (2) and (3) of +this article, the Addressee may, within the framework of its relationship with the Originator, consider the Electronic Document received as the document that the +Originator has inten ded to send and to act on this basis. +6. The Addressee may consider every Electronic Document received thereby as a separate +document and to act on this basis. Clause (7) of this article shall not apply if the +Addressee has known, or should have known, t hat the Electronic Document is a second +copy. +7. The provisions of Clauses (5) and (6) of this article shall not apply if the Addressee has known, or should have known, that an error has occurred in the Electronic Document as +a result of a technical failure during transmission. + + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (13) Acknowledgment of Receipt +1. If the Originator has not agreed with the Addressee that the acknowledgment of receipt +shall be in a certain form or manner, the acknowledgment of receipt may be made by the +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 19 + following: +a. Any message from the Addressee, whether by electronic, automated or any other +means. +b. Any conduct on the part of the Addressee which shall be sufficient to notify the +Originator of receipt of the Electronic Document. +2. If the Originator has stated that the Electronic Document is conditional on receiving an +acknowledgment of receipt, it shall not have any legal effect until the Originator receives +the acknowledgment. +3. Without prejudice to the provision of Clause (2) of this article, if the Originator requests an acknowledgment of receipt without specifying a date for receiving the +acknowledgment within a reasonable period, and unless a particular time has been specified or agreed upon, the Originator may send a notification to the Addressee statin g +that it has not received any acknowledgment of receipt and specifying a reasonable period during which the acknowledgment must be received. If the acknowledgment of +receipt is not received within the specified period, then it may deal with the Electronic +Document as if it has not been sent. +4. The provisions of Clauses (1), (2) and (3) of this article shall apply in cases where the +Originator has requested or agreed with the Addressee, before or when sending the +Electronic Document or through the Electronic Document, to send an acknowledgment +of receipt of the Electronic Document. +5. If the Originator receives an acknowledgment of receipt from the Addressee, the +Addressee shall be deemed to have received the relevant Electronic Document, unless +proven otherwise, and an acknowledgment of receipt does not mean acknowledgment +of the c ontent of the Electronic Document. +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 20 + 6. If the acknowledgment of receipt received by the Originator states that the relevant +Electronic Document has met the technical conditions, whether agreed upon or specified in the applicable standards, those condition s shall be considered met, unless proven +otherwise. +7. The provisions of this article shall not apply if there is an agreement between the +Originator of the Electronic Document and the Addressee to the contrary. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (14) Time and Place of Sending a nd Receiving Electronic Documents +1. Unless an agreement is made between the Originator and Addressee on the place and +time of sending and receiving the Electronic Document, the following shall apply: +a. The Electronic Document shall be considered sent w hen it enters an information +system that is not under the control of the Originator or the person who has sent +the document on behalf of the Originator. +b. The time of receiving the Electronic Document shall be determined according to the following: +1) If the Addressee has designated an information system for the purpose of +receiving the Electronic Document, the Electronic Document shall be +considered received at the time it enters the designated information system or at the time the Addressee extracts the Electronic Document, if it is sent to +an information system belonging thereto, other than the information system +designated to receive the document. +2) If the Addressee has not designated an information system, the Electronic +Document shall be considered d elivered when it enters an information +system belonging to the Addressee, regardless of the difference between the +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 21 + place where the information system is located and the place where the +Electronic Document is considered to have been received in accordance w ith +Clause (2) of this article. +2. Unless otherwise agreed between the Originator and Addressee, the Electronic +Document shall be considered to have been sent from the place where the Originator +has its place of business and received at the place where t he Addressee has its place of +business. +3. In applying the provisions of this article: +a. If the Originator or Addressee has more than one place of business, the place of +business shall be the one that is most closely connected with the relevant +transact ion or the principal place of business if there is no such transaction. +b. If the Originator or Addressee does not have a place of business, it shall be +considered their respective habitual residences. +c. The habitual residence of a legal person shall be the headquarters or the place +where it is incorporated. + +Chapter Three Service Provider Licensing + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (15) +1. No person may provide Trust Services except after obtaining a license from TDRA in +accordance with the provisions of this Decree Law and the Executive Regulations +thereof. +2. No person may provide Qualified Trust Services except after obtaining a license from TDRA and the qualified status in accordance with the provisions of this Decree Law and +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 22 + the Executive Regulations thereof. +3. The Executive Regulations of this Decree Law shall set the conditions, controls, +standards and procedures for the licensing referred to in this article. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (16) +1. The Federal Authority for Identity and Citizenship shall set the controls, standards, and +requirements that must be met by the license applicant, service provider, or Qualified +Service Provider in the following two cases: +a. Trust Services or Qualified Tru st Services directed to the government sector. +b. Trust Services or Qualified Trust Services that depend on the data or services of the Federal Authority for Identity and Citizenship. +2. TDRA shall verify that the license applicant, service provider or Q ualified Service +Provider complies with the controls, standards and requirements stipulated in Clause (1) +of this article. +3. TDRA shall suspend or cancel the License granted to a Trust Service Provider or a Qualified Trust Service Provider in the event of a violation of or non -compliance with +the controls, standards and requirements stipulated in Clause (1) of this article. +4. TDRA shall coordinate with the Federal Authority for Identity and Citizenship in all cases +stipulated in this article. + + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (17) Trust Services and Qualified Trust Services +Trust Services and Qualified Trust Services shall be determined according to the following: +1. Trust Services, including the following: +a. Creating an Electronic Signature and a Reliable Electronic Signature. +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 23 + b. Issuing an Authentication Certificate for the Reliable Electronic Signature. +c. Creating an Electronic Seal and a Reliable Electronic Seal. +d. Issuing an Authentication Certificate for the Reliable Electronic Seal. +e. Issuing an Authentication Certificate for the website. +2. Qualified Trust Services, including the following: +a. Qualified Electronic Signature creation services, including the following: +1) Issuing an Authentication Certificate for the Qualified Electronic Signature. +2) Issuing the Electronic Signature Device. +3) Managing the Qualified Electronic Signature Device remotely. +4) Storing data of the Qualified Electronic Signature. +5) Validating the Qualified Electronic Signature. +b. Qualified Electronic Seal creation service s, including the following: +1) Issuing an Authentication Certificate for the Qualified Electronic Seal. +2) Issuing the Qualified Electronic Seal Device. +3) Managing the Qualified Electronic Seal Device remotely. +4) Storing data of the Qualified Electronic Seal. +5) Validating the Qualified Electronic Seal. +c. Qualified Electronic Time Stamp creation service. +d. Qualified Electronic Delivery Service. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (18) Admissibility and Authenticity of Electronic Evidence and Trust +Services +1. The admissibility of an Electronic Document, Electronic Signature, Electronic Seal or +Electronic Transactions as evidence in any legal proceeding shall not be precluded by the +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 24 + mere fact that it is received in electronic form and processed through Trust Servic es and +Qualified Trust Services. +2. A hard copy of an official Electronic Document shall be considered conclusive evidence +to the extent that it is identical to the original of such document. +3. A Qualified Electronic Signature shall be considered equal in its authenticity to a manual signature and shall have the same legal effect so long as it meets the conditions +stipulated in this Decree Law and the Executive Regulations thereof. +4. A Qualified Electronic Seal of a legal person shall be considered evidence of the validity +and integrity of the original information to which the Electronic Seal is linked. +5. A qualified date and time shall be verified through the Qualified Electronic Time Stamp whenever it is linked to correct data. +6. The Qualified Electronic Delivery Service shall be considered valid and legally effective if +it meets the conditions stipulated in this Decree Law and the Executive Regulations +thereof. +7. The Reliable Electronic Signature and the Reliable Electronic Seal shall be considered valid and legally effective if the conditions stipulated in this Decree Law and the +Executive Regulations thereof are met. +8. Trust Services and Qualified Trust Services shall meet the conditions stipulated in this +Decree Law and the Executive Regulations thereof. + + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (19) Reliable Electronic Signature and Reliable Electronic Seal +An Electronic Signature or Electronic Seal shall be reliable if the following conditions are +met: +1. Be linked to, and fall under the full and exclusive control of, the Signatory. +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 25 + 2. Be capable of identifying the Signatory. +3. Be linked to the signed data in a way that can detect any alteration to such data. +4. Be created using technical and security techniques in accordance with the technical +requirements specified by the Executive Regulations of this Decree Law. +5. Any other conditions specified by the Executive Regulations of this Decree Law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (20) Qualified Electronic Signature and Qualified Electronic Seal +1. A Qualified Electronic Signature or Qualified Electronic Seal shall be valid if the +following conditions are met: +a. The Electronic Signature and Electronic Seal are created based on a valid and +qualified Authentication Certificate in accordance with the provisions of this +Decree Law. +b. The Electronic Signature and Electronic Seal are created using a Qualified Electronic Signature or Seal Device. +c. The data proving the validity of the Qualified Electronic Signature and Qualified Electronic Seal is identical to the data submitted to the Relying Party. +d. The data identifying the Signatory in the qualified Authentication Certificate is +properly submitted to the Relying Party, and in case of using pseudonymization +techniques, the Relying Party must be informed. +e. It is created using technical and security techniques in accordance with the +requirements specified by the Exec utive Regulations of this Decree Law. +f. Any other conditions specified by the Executive Regulations of this Decree Law. +2. The Qualified Electronic Signature and Qualified Electronic Seal validation service shall +be provided by the Qualified Trust Service Provider in accordance with the controls +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 26 + specified by the Executive Regulations of this Decree Law. +3. The Qualified Electronic Signature and Qualified Electronic Seal validation service shall +provide the Relying Party with the correct result to valid ate the signature and seal in an +automated, effective and reliable manner, and ensure the absence of any hacks. +4. The validation result of the Qualified Electronic Signature and Qualified Electronic Seal +shall be signed with a Reliable Electronic Signat ure or Reliable Electronic Seal by a +Qualified Service Provider or by any other method specified by the Executive +Regulations of this Decree Law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (21) Conditions for the Qualified Electronic Signature and Qualified +Electronic Seal Device +The Qualified Electronic Signature or Qualified Electronic Seal Device shall meet the following conditions: +1. Ensuring the confidentiality of the Electronic Signature or Seal Creation Data used. +2. Protecting the Electronic Signature or Seal Creation Data against any use by third parties +or forgery using the available technology. +3. The Electronic Signature or Seal shall be created once only. +4. The data to be signed shall not be modified or withheld from the Signatory before the signing or sealing process. +5. The Electronic Signature Creation Data shall be managed or created on behalf of the Signatory by the Qualified Trust Service Provider in accordance with the conditions, +standards and procedures specified by the Executive Regulations of this Decree Law. +6. Complying with the approved controls and procedures for the security and protection of +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 27 + information. +7. Any other conditions specified by the Executive Regulations of this Decree Law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (22) Storing the Data of Qualified Electronic Signatures and +Qualified Electronic Seals +A Qualified Trust Service Provider shall, when providing a data storage service for Qualified +Electronic Signatures and Qualified Electronic Seals, comply with the procedur es and +techniques that maintain the continuity of Trust Services and ensure the continued validity of the Qualified Electronic Signature in accordance with the conditions and period specified +by the Executive Regulations of this Decree Law. + + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (23) Qualified Electronic Time Stamp +The Qualified Electronic Time Stamp shall meet the following conditions: +1. The date and time are linked to the data in a way that prevents undetectable alteration of +the data. +2. Relying on an acc urate time source linked to UTC. +3. To be signed or sealed using a Reliable Electronic Signature or a Reliable Electronic Seal +by a Qualified Trust Service Provider, or by any other method specified by the Executive +Regulations of this Decree Law. +4. Any other conditions specified by the Executive Regulations of this Decree Law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (24) Qualified Electronic Delivery Service +The Qualified Electronic Delivery Service shall meet the following conditions: +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 28 + 1. To be provided by one or more Qualified Trust Service Providers. +2. Ensuring the identification of the sender based on a high level of security and trust, as +specified by the Executive Regulations of this Decree Law. +3. Ensuring the identification of the Addressee before the data is delivered. +4. Signing or sealing the sent data with a Reliable Electronic Signature or a Reliable +Electronic Seal by a Qualified Trust Service Provider or by any other method specified by +the Executive Regulations of this Decree Law. +5. Notifying both the sender and recipient of any necessary change in the sent data as +required by the service. +6. Stamping the time of sending and receiving data and any alterations thereto with a Qualified Electronic Time Stamp. +7. Any other conditions specified by the Executive Regulations of this Decree Law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (25) Authentication Certificates +1. An Authentication Certificate shall no longer be valid from the date of its cancellation. Such cancellation shall not apply retroactively to any Electronic Signature or Electronic +Seal made based on such certificate prior to that date. +2. No person may publish an Authentication Certificate if he knows that it is invalid or +cancelled, or if the p erson to whom it is addressed has refused to receive it. + + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (26) Qualified Trust Mark +A Qualified Trust Service Provider shall, when using a Qualified Trust Mark, comply with the +following requirements: +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 29 + 1. Indicating the Qualified Trust Services it is licensed to provide. +2. Linking the mark to an electronic link available to the public through its website that +leads to the UAE Trust Services List published by TDRA. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (27) UAE Trust List +1. TDRA shall create a list of the Licensees and their services and a list of the Electronic Identification System and the Qualified Electronic Signature and Seal Devices, include +them in the UAE Trust List and publish them by any means it deems appropriate. +2. The two lists referred to in Clause (1) of this article must include the basic information +about the Qualified Trust Service Providers, the Qualified Trust Services provided +thereby, and the details of the Qualified Electronic Signature and Qualified Electronic +Seal Devices. +3. The Executive Regulations shall set the controls and conditions for the inclusion of +Licensees, Trust Services and Qualified Trust Services in the UAE Trust List. + + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (28) Acceptance of Electronic Dealing and Trust Services +1. Nothing in this Decree Law requires a person to use or accept Electronic Dealing. +However, a person's consent to Electronic Dealing may be inferred from any conduct +that indicates such consent. +2. A person may use any form of Electronic Signatures or Electronic Seals, unless the +legislation in force provides otherwise. +3. The Digital Identity issued in accordance with the requirements of the Electronic +Identification System approved by TDRA, in coordination with the Federal Authority for +Identity and Citizenship, shall be adopted as a means of accessing the electronic services +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 30 + and transactions provided by Government Authorities. +4. The use of the Digital Identity issued through the Electronic I dentification System to +access government electronic services shall be considered to meet the requirements for +identification and personal presence if the Digital Identity provides the level of trust and +security required for dealing with those services in accordance with the provisions of this +Decree Law. +5. Government Authorities shall accept the use of Electronic Signatures, Electronic Seals, +Digital Identities of persons or Electronic Documents in the electronic services provided +thereby, by other Government Authorities or by whoever is delegated thereby, in +accordance with the form, standards and levels of trust and security determined by +TDRA. +6. Government Authorities may, according to their respective areas of competence +esta blished in the legislation in force, make Electronic Transactions, which will have the +same legal effect, in the following cases: +a. Accepting the filing, submission, creation or storage of documents in the form of +electronic records. +b. Issuing any docume nt, permit, license, decision or approval in the form of +electronic records. +c. Collecting fees or paying any other money in electronic form. +d. Tendering and receiving and awarding bids related to government procurement +electronically. +7. If the Governm ent Authority decides to carry out any of the acts mentioned in Clause (6) +of this article, it may specify the following: +a. The way or form in which such Electronic Documents shall be created, filed, +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 31 + stored, submitted or issued. +b. The controls, conditions, and procedures for tendering, receiving and awarding +bids and concluding government procurements. +c. The form of the Electronic Signature and Seal, and the level of security required. +d. The way and form in which such signature or seal shall be affixed to the +Electronic Document and the technical criteria that must be met by the Trust Service Provider to whom the document is submitted for storage and filing. +e. Processes, controls and procedures of monito ring related to the safety, security +and confidentiality of Electronic Documents, payments or fees. +f. Terms and conditions related to sending paper documents, if required in relation to the Electronic Documents for payments and fees. +8. Government Autho rities shall archive Electronic Documents affixed with a Reliable or +Qualified Electronic Signature or with a Reliable or Qualified Electronic Seal in accordance with the controls specified by the Executive Regulations of this Decree Law. + + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (29) Responsibilities of the Relying Party +1. A Relying Party shall be held responsible for the consequences of the failure thereof to take the necessary measures to ensure the validity and enforceability of an Authentication Certificate and to observe any rest rictions thereon. +2. A Relying Party shall be held responsible for the consequences of the failure thereof to take the necessary measures to ensure the validity and enforceability of a Digital Identity +when using it. +3. A Relying Party, in order to tru st and rely on an Electronic Signature or Electronic Seal, +shall observe the following: +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 32 + a. Determining the security level of the Electronic Signature or Electronic Seal +according to the nature, value or importance of the transaction that is intended to be confirmed by the Electronic Signature or Electronic Seal. +b. Taking the necessary measures to verify the identity of the Signatory and the +validity of the Authentication Certificate. +c. Taking the necessary measures to verify that the Electronic Signature or +Electronic Seal used meets the requirements. +d. Whether it knows, or is supposed to know , that the Electronic Signature, +Electronic Seal or Electronic Authentication Certificate has been breached or +cancelled. +e. Any previous agreement or transaction between the Signatory and the Relying +Party that has relied on the Electronic Signature, Elec tronic Seal or Authentication +Certificate. +f. Any other relevant factors. +4. If the reliance on the Electronic Signature or Electronic Seal is not acceptable, according to Clause (3) of this article, the party who has relied on them shall bear the risk o f +invalidity of such signature or seal and shall be responsible for any damage caused to the owner of the Electronic Signature or Electronic Seal or third parties. + + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (30) Responsibilities of the Signatory +A Signatory shall be held responsible for t he consequences of the failure thereof if the +following measures are not observed: +1. Exercising due diligence to avoid any unauthorized use of the Electronic Signature or +Seal Creation Data. +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 33 + 2. Notifying the concerned L icensee if it becomes known that there are doubts about +the level of security or validity of the Electronic Signature or Seal Creation Data +thereof that is used to create such signature or seal. +3. Ensuring the accuracy and integrity of any material data provided thereby in relation +to the Authentication Certificate throughout its validity period, in cases where the +use of this certificate is required. +4. Reporting any changes to, or lack of confidentiality of, the information contained in the Authentic ation Certificate. +5. Using valid Authentication Certificates. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (31) Responsibilities of the Digital Identity Owner +The owner of the Digital Identity shall be held responsible for the consequences of the failure thereof if the following measures are not taken: +1. Exercising due diligence to avoid any unauthorized use of the Digital Identity. +2. Notifying the concern ed parties and persons immediately if it becomes known that +there are doubts about the level of security of the Digital Identity used in an electronic service or transaction. +3. Ensuring the accuracy and integrity of any material data provided thereby in relation +to the Digital Identity throughout its validity period. + + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (32) Availability of Trust Services for People with Disabilities +Trust Services and Qualified Trust Services shall, whenever possible, be made available to +natural persons with d isabilities, in accordance with the procedures and techniques that suit +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 34 + their needs or the nature of their special situation. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (33) Electronic Identification System Security Levels +1. The levels of security and trust of the Electronic Identification System and the Digital +Identity issued thereby are three: low, medium and high, according to the following +general classifications: +a. Low level: means a low level of security and trust in t he Electronic Identification +System that provides a limited degree of trust and acceptability of the alleged +identity of a person, and refers to technical and administrative standards and +procedures aimed at reducing the risks of misuse or manipulation of that identity. +b. Medium level: means a medium level of security and trust in the Electronic +Identification System that provides a medium degree of trust and acceptability of +the alleged identity of a person, and refers to technical and administrative +stan dards and procedures aimed at minimizing the risks of misuse or +manipulation of that identity. +c. High level: means a high level of security and trust in the Electronic Identification +System that provides a high degree of trust and acceptability of the alleged +identity of a person, and refers to technical and administrative standards and +procedures aimed at eliminating any risks and preventing misuse or +manipulation of that identity. +2. A Licensee shall observe the following: +a. Indicating to the Relying Party the levels of security and trust of the Digital +Identity issued under the Electronic Identification System. +b. Ensuring compliance with the technical specifications, standards and procedures +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 35 + for the relevant level of security in the Electronic Identification System and Digital +Identity as approved by TDRA. +3. The Digital Identity used in Qualified Trust Services shall meet a high level of security +and trust. +4. TDRA shall, after coordination with the Competent Authorities, set the technical +conditions and standards that must be met in terms of security and trust levels, provided +that the following are observed: +a. Setting criteria for differentiating between the levels of security and trust according to the degree of trust and acceptability. +b. Authentication Procedures for the person requesting the issuance of the Digital +Identity. +c. The technical and security specifications of the Digital Identity, the procedures +for its issuance, and its issuing entity. +d. Authentication Procedures to confirm th e identity of any person to the Relying +Party. +e. Types of transactions and services provided by public or private entities. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (34) Issuance of Authentication Certificates +A Qualified Trust Service Provider shall, when issuing a Qualified Authentication Certificate, +verify the identity and capacity of the person to whom the certificate will be issued, by any +of the following means: +1. Ensuring the presence of the person or the legal representative of the legal person. +2. Using a Digital Identity that meets the conditions stipulated in this Decree Law +regarding high levels of security. +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 36 + 3. A Qualified Electronic Signature Authentication Certificate or a Qualified Electronic +Seal Authentication Certificate issued by another Qualified Trust Service Provider. +4. Any procedure applicable in the State that is equivalent to the person's presence, in +accordance with the conditions and procedures specified by the Executive Regulations of +this Decree Law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (35) Obligations of Licensees +The Licensees shall have the following obligations: +1. Notifying TDRA, the Competent Authorities and the concerned person of any violation +or breach of the security and integrity of the data, immediately upon becoming aware of +such violatio n or within the period specified by the decisions issued by TDRA. +2. Indicating to the Relying Party the levels of security and trust of the Digital Identity +issued under the Electronic Identification System. +3. Ensuring compliance with the technical and security specifications, standards and procedures for the level of security required in the Electronic Identification System as +approved by TDRA. +4. Submitting a biennial report issued by the compliance assessme nt body to TDRA +regarding compliance with the terms of the License issued thereto and the decisions +issued thereby. +5. Protecting personal data and implementing controls and procedures in accordance with +the requirements of the competent authorities and the legislation in force. +6. Taking all necessary measures to manage any risks that may arise to ensure the security and safety of electronic Trust Services and Qualified Trust Services in a way that +prevents the occurrence of any security incidents or b reaches or minimizes their effects if +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 37 + they occur. +7. Preparing a service termination plan in accordance with the requirements specified by +the Executive Regulations of this Decree Law. +8. Any other obligations specified by the Executive Regulations of this Decree Law or other +legislation in force in the State. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (36) Obligations of Qualified Trust Service Providers +Qualified Trus t Service Providers shall have the following obligations: +1. Complying with the terms of Licenses issued thereto. +2. Ensuring the accuracy of the material data in electronic Authentication Certificates +throughout their validity period. +3. Providing an appropriate means for the Signatories that enables them to report any +facts that raise doubts about any of the services provided thereby in accordance with +the Licenses issued thereto. +4. Providing Authentication Certificate cancellation service. +5. Notifying TDRA of any amendment to the data contained in the license application +or of their desire to suspend submission thereof in accordance with the conditions +and procedures specified by the Executive Regulations of this Decree Law. +6. Using technic ally reliable systems and products that ensure technical security and +are protected against any changes, modifications or hacks, as determined by TDRA and as approved by the Competent Authorities in this regard. +7. Keeping Electronic Documents, Electronic Signatures and Seals, and evidence related to identification for the period specified by TDRA. +8. Processing personal data in accordance with the legislation in force and the +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 38 + provisions of this Decree Law. +9. Creating and maintaining an updated datab ase of Authentication Certificates, in case +the Authentication Certificate service is provided by the Qualified Trust Service +Provider. +10. Developing an updated plan to terminate the provision of the electronic Trust Service to ensure the continuity of the service. +11. Refraining from providing the services in case of doubt about the accuracy of the +data or the validity of the document sub mitted to verify the information provided for +identification or establishment of the right to representation, or if there is a security impediment or risk. +12. Relying on official data sources of persons in the State to provide any of the +Qualified Trus t Services specified in the Licenses issued thereto. +13. Any other obligations specified by the Executive Regulations of this Decree Law or other legislation in force in the State. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (37) International Trust Services +Qualified Trust Services pro vided by Qualified Trust Service Providers outside the State shall +be recognized if they are similar to the level of services provided by Qualified Trust Service Providers in accordance with the provisions of this Decree Law and the decisions issued by +TDR A. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (38) Civil Liability +Trust Service Providers shall bear civil liability for any damages incurred by any person as a +result of breach of the obligations stipulated in this De cree Law, the Executive Regulations +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 39 + thereof and decisions issued by TDRA. + +Chapter Four Penalties + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (39) +Shall be punished by imprisonment and/or a fine of not less than one hundred thousand +(100,000) Dirhams and not more than three hundred thousand (300,000) Dirhams +whoever forges or participates in the forgery of an Electronic Document, Electronic +Signature, Electronic Seal, Authentication Certificate, Trust Services and other Qualified +Trust Services. +Shall be punished by temporary imprisonment and a fine of not less than one hundred and +fifty thousand (150,000) Dirhams and not more than seven hundred and fifty thousand +(750,000) Dirhams whoever forges or participates in the forgery of an Electronic Document, +Electronic Signature, Electronic Seal, Authentication Certificate, Trust Services and other +Qualified Trust Services of the federal or local government or federal or local public authorities or institutions. +Whoever knowingly uses the forged Electronic Document shall be punished with the same +penalty prescribed for the crime of forgery, as the case may be. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (40) +Shall be punished by imprisonment for a period of not more than one year and/or a fine of not less than one hundred thousand (100,000) Dirhams and not more than one million (1,000,000) Dirhams whoever: +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 40 + 1. Unlawfully exploits any Trust Services or Qualified Trust Services. +2. Uses fraudulent methods or takes a false name or an incorrect capacity to obtain any +Qualified Trust Services. +If any of the foregoing acts are carried out with the intention of committing a crime, this shall +be considered an aggravating circumstance. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (41) +Shall be punished by imprisonment for a period of not more than one year and/or a fine of +not less than fifty thousand (50,000) Dirhams and not more than five hundred thousand (500,000) Dirhams whoever creates, publishes or provides another person with an +Authentication Certificate, while being aware of any of the following: +1. The certificate is not issued by the Licensee whose name appears thereon. +2. The certificate is rejected by the Signatory whose name appears thereon. +3. The certificate i s cancelled, unless the purpose of publication is to confirm any +Electronic Signature or Electronic Seal used prior to such cancellation. +4. The certificate contains incorrect data. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (42) +1. Shall be punished by temporary imprisonment and/or a fine of not less than five +hundred thousand (500,000) Dirhams any person who, by any authority granted thereto +hereunder, has access to confidential information of a sensitive nature in electronic +record s, documents or correspondence, and intentionally discloses any of such +information in violation of the provisions of this Decree Law. +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 41 + 2. The penalty shall be imprisonment and/or a fine of not less than two hundred and fifty +thousand (250,000) Dirhams an d not more than five hundred thousand (500,000) +Dirhams, if the confidential information is not of a sensitive nature.The penalty shall be +imprisonment and/or a fine of not more than five hundred thousand (500,000) +Dirhams, if the negligence of the violato r causes the disclosure of any sensitive or +non -sensitive confidential information. The cases where information is disclosed for the +purposes of implementing the provisions of this Decree Law or any judicial procedure +shall be excluded from the provisions of Clause (1) of this article. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (43) +Shall be punished by imprisonment for a period of not more than six months and/or a fine +of not less than twenty thousand (20,000) Dirhams and not more than one hundred +thousand (100,000) Dirhams whoever intent ionally submits incorrect data to the Licensee +in order to issue or cancel an Authentication Certificate. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (44) +Shall be punished by a fine of not less than fifty thousand (50,000) Dirhams and not more than two hundred and fifty thousand (250,000) Dirhams whoever: +1. Is licensed to provide Trust Services or Qualified Trust Services and has violated the provisions stipulated in this Decree Law, the Executive Regulations thereof and the +decisions issued in implementation thereof w ith respect to these services. +2. Refuses to have its systems and operations from Trust Service Providers or Qualified +Trust Service Providers audited by compliance assessment bodies in accordance with +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 42 + the provisions of this Decree Law, the Executive Reg ulations thereof and the +decisions issued in implementation thereof. +3. Publishes an announcement or provides a description regarding the Trust Services, +Qualified Trust Services, or Qualified Trust Mark, with the intention of promoting or +misleading, in contradiction with the decisions issued by TDRA. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (45) +Shall be punished by imprisonment and/or a fine of not less than five hundred thousand +(500,000) Dirhams and not more than one million (1,000,000) Dirhams whoever: +1. Proceeds with any of the Trust Services or Qualified Trust Services without being +licensed or exempted from obtaining a license in accordance with the provisions of +this Decree Law, whether for the benefit of himself or others, or for the facilitation for +others. +2. Deliberately alters, destroys or conceals any document or information requested by TDRA in accordance with the provisions of this Decree Law. + + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (46) +Without prejudice to the rights of bona fide third parties, the court shall order the +confiscation of tools and devices used in committing any of the crimes provided for in this +Decree Law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (47) +Imposition of the penalties stipulated in this Decr ee Law shall not prejudice any more severe +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 43 + penalty stipulated in any other law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (48) Violations and Administrative Penalties +The Cabinet shall issue a decision specifying the acts that constitute a violation of the +provisions of this Decree Law, the Executive Regulations thereof and the decisions issued in +implementation thereof, as well as the administrative penalties to be imposed. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (49) Law Enforcement Capacity +The TDRA's employees who are designated by a resolution of the Minister of Justice, in +agreement with the Chairman, shall act as law enforcement officers to identify the violations of the provisions of this Decree Law, the Executive Regulations thereof and the decisions +issued in implementation thereof, within their respective co mpetencies. + +Chapter Five Final Provisions + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (50) Transitional Provisions +Those who are subject to the provisions hereof shall regularize their status in accordance with the provisions of this Decree Law and the Executive Regulations thereof within a period not exceeding one year from the date of enforcement. Such period may be extended +for another period or periods by a decisi on issued by the Cabinet based on a proposal of the +Chairman. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (51) Fees +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 44 + The Cabinet shall issue a decision determining the fees required for the implementation of +the provisions of this Decree Law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (52) Executive Regulations +The Cabinet shall, based on a proposal of the Chairman and after coordination with the +Competent Authorities, issue the Executive Regulations of this Decree Law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (53) Repeals +1. Federal Law No. (1) of 2006 on Electronic Commerce and Transactions shall be repealed. +2. Any provision contrary to or in conflict with the provisions of this Decree Law shall be +repealed. +3. The decisions and regulations applicable prior to the enforcement of the provisions of this Decree Law shall remain applicable, without prejudice to the provisions of this +Decree Law, until superseded by other decisions and regulations to be issued in +accordance with the provisions of this Decree Law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (22) of 2022 Regulating the Translation Profession,"Article (54) Publication and Entry into force of the Decree Law +This Decree Law shall be published in the Official Gazette and shall enter into force as of 2 +January 2022. + + + + + + +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 45 + + + + + + + + + + + + + + + + + + + + + + + + + + +Khalifa bin Zayed Al Nahyan +President of the United Arab Emirates + + +Issued by us, at the Presidential Palace in Abu Dhabi: +On: 13 Safar 1443 AH +Corresponding to: 20 September 2021 AD " +"labour, residency and leberal professions",Federal Law No. (7) of 2001 Concerning the Appointment of Convicted Nationals,"Article (1) +The convicted nationals shall be exempted from the rehabilitation condition upon their +appointment in government or private entities after the penalty has been executed or +pardoned, or after its forfeiture for prescription. + +" +"labour, residency and leberal professions",Federal Law No. (7) of 2001 Concerning the Appointment of Convicted Nationals,"Article (2) +Any provision that violates or contradicts the provisions of this Law shall be repealed. + +Federal Law No. ( 7) of 2001 Concerning the Appointment of Convicted Nationals 2 + + " +"labour, residency and leberal professions",Federal Law No. (7) of 2001 Concerning the Appointment of Convicted Nationals,"Article (3) +This Law shall be published in the Official Gazette and shall enter into force as of the date it +is published. + + + +Zayed Bin Sultan Al Nahyan +President of the United Arab Emirates + +Issued by Us at the Palace of the Presidency in Abu Dhabi: +On 11 Safar 1422 H. +Corresponding to 5 May 2001 AD + " +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (1) +Definitions +The definitions stipulated in the Federal Decree -Law shall be applicable to this Resolution with +the exception of the following terms whose meanings assigned to each of them, unless the +context otherwise requires: +Decree -Law : Federal Decree -Law No. (33) of 2021, Regulating Labour +Relations +Legislation : Collection of Resolutions, Guides and Circulars in relation to +employment at the Ministry of Human Resources and +Emiratization + + Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Regulating Labour +Relations 2 + " +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (2) +Classification of Establishments +Subject to the provisions of clause (1) of article (70) of the Decree -Law : +1. Establishments shall be classified in accordance with criteria that include economic activity, +volume of manpower, manpower’s cultural and demographic diversity and compliance with +legal regulations and support in implementing government directives with respect to +Emiratization, training, and development of skills. +2. The Cabinet shall issue, upon the Minister’s proposal , the resolutions necessary for the +classification of establishments and the privileges provided for each category of these +establishments to ensure the promotion of competitiveness within the labour market. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (3) +Classification of Workers +Subject t o the provisions of clause (2) of article (70) of the Decree -Law : +1. Workers subject to the provisions of the Decree -Law shall be classified into categories +according to criteria that include levels of skill s, education , productiv ity or profession or +wages or b ased on categories of residenc y. +2. The Cabinet shall issue, upon the Minister’s proposal , the resolutions necessary f or the +classification of the manpower’s skill levels within the labour market and the privileges +provided to each level to ensure the promotion of competitiveness within the labour market. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (4) +Rules on the Employment of Juveniles +1. Subject to the provisions of article (5) of the Decree -Law , the employment of juveniles shall +be prohibited for the following jobs and professions: +a. Hazardous or harmful jobs and industries. +b. Occupations that may, due to their nature or conditions they are p erformed under, +endanger the juveniles’ health or safety. Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Regulating Labour +Relations 3 + 2. It shall be determined by a Minister’s Resolution after coordinating with the concerned +authorities, the dangerous or arduous jobs or activities that may , due to its nature, result in +damages to the juvenile’s health, safety, or morals. +3. The employer, employing a juvenile, shall commit to the following procedures: +a. Keeping a special record for juveniles, which shows the juvenile’s name, age , guardian’s +the f ull name and contact details, the juvenile’s and his guardian place of residence , date +of employment and the work it is employed for. +b. Provid ing Insurance for the juvenile similar to regular manpower. +c. Training juveniles employed on how to use means of the safety and professional health. +d. Displaying in a visible place at the employment +4. Charitable, educational, and training institutions – as well as other bodies that aim to +rehabilitate or train juveniles professionally – shall be exempted of certain provisions of +article (5) of the Decree -Law and the provisions of this article in accordance with the +following controls: +a. The institution must be registered with the competent government authorities with such +description. +b. The institution’s main objective, for which it is registered, must be rehabilitation or +professional training or charitable, educational, or volunteering activities. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (5) +Work Models +1. Subject to the provisions of article (7) of the Decree -Law , a worker may be employed under +any of the work models stipulated in the mentioned article, with the following additional +models: +a. Remote work: the work is performed wholly or partially outside the workplace and the +connection between the worker and the employer shall be electronic instead of the +physical presence – whether the work was parttime or fulltime. Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Regulating Labour +Relations 4 + b. Shared Word : tasks and duties are shared between more than one worker to perform the +task agreed upon, and it shall reflect on the wage due to each of them in order to be +proportionate. Worker s shall be treated in accordance with the controls of parttime jobs. +2. The Ministry may create other work models based on the requirements of the labour market. +3. Subject to the provisions stipulated in the Decree -Law , the worker and employer shall abide +by the provisions stipulated in the employment contract in accordance with every model of +those mentioned in clause (1) of this article. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (6) +Types of Work Permits +1. Subject to the provisions of article (6) of the Decree -Law , the types of work permits shall be +determined as follows: +a. Work Permit ( Recruitment of worker s from outside the State): This type of work +permits enables establishments registered with the Ministry to recruit a worker from +outside the State. +b. Work Permit for Transfer: The permit under which a non -national worker can transfer +from and to an establishment registered with the Ministry. +c. Permit for those who are sponsored by their parents: The permit under which those +who are sponsored by their parents may be employed to work at an establishment +registered with the Ministry. +d. Temporary Work Permit: The permit under which a worker is employed for a job , whose +nature requires a limited period for its execution or completion at one of the +establishments registered with the Ministry. +e. Work Permit for a Mission: A permit that enables one of the establishments registered +with the Ministry, willing to recruit a worker from abroad to complete a temporary work +or a fixed project with a determined period. +f. Parttime Work Permit: This type of permits enables establishments registered with the +Ministry to employ a worker under a parttime employment contract for which its working Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Regulating Labour +Relations 5 + hours or days are less his counterparts who work fulltime. The worker may work for more +than one employer after obtaining the Ministry’s permission to do so. +g. Work Permit for Juvenile: The permit under which the person who has completed 15 +years of age and still under 18 years may be employed by an establishment registered with +the Ministry. +h. Permit for Training and Student Employment: This type of permits enables +establishments registered with the Ministry to train or employ a student in the State who +is 15 years of age in accordance with the determined controls and conditions that ensure +adequate training and employment environments. +i. National Work Permit/Citizens of the GCC: This type of permits enables +establishments registered with the Ministry to employ nationals or citizens of the States +of the Gulf Cooperative Council. +j. Work Permit for Holders of Golden Residency: This permit is granted to an +establishment registered with the Ministry, upon request, to employ a worker inside the +State who is holder of the golden residency. +k. Work Permit for a National Trainee: This permit is granted to establishments registered +with the Ministry willing to train a national in accordance with his approved educational +qualification. +l. Freelance Work Permit : This permit is granted to individuals who wish to independently +practice freelance work (with self -sponsorship for expat individuals) without sponsorship +from a particular employment entity or employer in the State, and without the +requirement of holding a valid employment contract, through which the natural person +realizes a direct income from providing his services for a limited period or to perform a job +or provide a specific service, whether it was for individuals or establishments, in a manner +that the said natural person is, in no way, an employee of such individuals or +establishments. +2. New types of work permits may be created, by virtue of a resolution issued by the Minister, +in accorda nce with the provisions of the Decree -Law . + Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Regulating Labour +Relations 6 + " +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (7) +Conditions, Controls and Procedures of Issuing, Renewing and Cancelling Work +Permits +1. Conditions of issuing work permits: +a. The worker’s age shall not be less than 18 years with the exception of the juvenile work +permit and the student training or employment permit. +b. It shall meet all the conditions stipulated in the applicable legislation in this regard, and +that is for special ized professions or any other occupations that require obtaining a permit +to practice the profession. +c. The job which the work will per form for the employer shall be in compliance with the +establishment’s activity. +d. The establishment’s license shall be valid with no record of violations that lead to the +suspension of its activity in accordance with the applicable regulations. +e. The application requesting the issuance of the permit must be submitted by the legally +author ized signatory on behalf of the establishment. +f. Any other conditions stipulated in a resolution issued by the Minister or his authorized +representative. +2. Procedures of renewing work permits: +a. Submitting the request through the channels determined by the Minis try. +b. Meeting the required conditions for the issuance of the permit. +c. Fulfilling the required certificates, documents, and educational qualifications. +d. Payment of the determined fees based on the permit’s type and the establishment’s +category in accordance with the approved establishment classification rules. +3. Procedures of cancelling work permits: +a. Submitting the request to cancel a work permit through the channels determined by the +Ministry. +b. Completing the required data and attachments. +c. Payment of Fines for the delay in issuing or renewing the work permit if available. Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Regulating Labour +Relations 7 + d. The establishment’s confirmation that it paid the worker all its dues. +e. Any ot her conditions stipulated in a resolution issued by the Minister or his authorized +representative. +4. The Ministry may refrain from issuing , renewing, or cancelling work permits or refrain +from taking the necessary legal procedures in the event any of the following +circumstances is proven: +a. Submission of any false documents. +b. If the establishment is fictious or does not practice its activity. +c. Failure to a bide by the Wage Protection System or any other systems approved for the +regulation of the labour market in the State. +d. Any other circumstances stipulated in a resolution issued by the Minister or his authorized +representative. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (8) +Free lance Work +1. Freelance work is an independent and flexible work system under which a natural person +generates a direct income through providing his services for a limited period or to perform a +task or provide a determined service, whether to individuals or establishments, provided that +the natural person is not considered, under any circumstance s, a worker of these individuals +or establishments. +2. The Cabinet shall issue, based upon the Minister’s proposa l, the necessary resolution that +determine the procedures and control s of registration of freelance work performers in the +Ministry’s systems and of obtaining , renewing, and cancelling a work permit, in order to +ensure the enforcement of flexibil ity and requirements of labour markets. + + Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Regulating Labour +Relations 8 + " +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (9) +Activity of Recruitment Agencies +1. Subject to the provisions of article (6) of the Decree -Law , the practice of any intermediary +works or temporary recruitment and outsourcing (individually or collectively) shall be +deemed as a practice of recruitment agencies activities, and the following definitions shall be +applicable within the scope of recruitment agencies a ctivities: +a. Intermediation: to bring the views of both parties of the business together and +whomever represents them , to negotiate the contractual terms on their behalf , and to hire +for the purpose of establishing a labour relationship, without the agency becoming party +to it. +b. Temporary Employment and Outsourcing: hiring the worker with the intention of +outsourcing to a third party , and the worker’s relationship will directly be with the agency +outsourcing his services to a third party (beneficiary). +c. Beneficiary: Any natural or legal person for whom the worker is hired under his +supervision in accordance with the temporary employment and outsourcing system , +whether be it for a limited period or to perform a task or provide a certain service. +d. Agency: Any individual corporation or with a legal personality that practices an activity +related to intermediation or temporary employment and outsourcing, to provide the +service of one or more workers, for a limited period or to perform a task or provide certain +services for the beneficiary. +2. To obtain a permit to pr actice any of the agency activities, the following conditions shall be +met: +a. The person in the individual corporation or any of the shareholders in the legal entity, +must not convicted of a crime involving breach of honor and trust, or a crime of human +trafficking or of the crime s stipulated in the Decree -Law , unless he has been rehabilitated +if he was sentenced with custodial penalty , or after the lapse of one year from the date of +the judgment – if the judgment imposed a fine. Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Regulating Labour +Relations 9 + b. The individual corporation or the legal entity must present to the Ministry a bank +guarantee that shall not – throughout the license’s validity - be less than (300) Three +Hundred Thousand Dirhams in case the license is for an intermediation agency, and not +less tha n One Million Dirhams in case the license is for a temporary employment and +outsourcing agency – or in the event both activities are combined. The guarantee shall be +automatically renewed, or an insurance system shall be submitted as an alternative to the +guarantee, and the Ministry may allocate some or all of the guarantee or insurance for the +payment of any amounts owed by the agency , for failu re to execute its obligations or for +non -adherence to the instructions and resolutions issued as a result. +c. Submitting the credit report of the license requestor, or the person in the individual +corporation and shareholders in a legal entity, issued by the competent authority. +d. Any other conditions stipulated in a resolution issued by the Minister. +3. The permit issued to the recruitment agencies by the Ministry, on an annual basis, shall be +renewed provided that the required conditions for the permit shall continue to be valid. +4. The controls of practicing activities of temporary recruitment /outsourcing are: +a. Refrain from providing workers for a beneficiary of the beneficiary company is +administratively suspended by the Ministry due to committing violations wit h regards to +the implementation of the Decree -Law and this resolution. +b. Refrain from providing workers to another agency, practicing the activity of temporary +employment, with the aim of employing them with the beneficiary. +c. If the person in the individual c orporation , or any of the shareholders in the legal entity, is +responsible for the implementation of the provisions of the Decree -Law and its executive +regulations on the manpower registered for him, and to notify the concerned authorities +at the Ministry in the event he becomes aware of any violation or breach of workers’ +rights, health or safety committed by the beneficiary. +d. Any other controls determined by the Ministry. +5. A contract shall be concluded with the beneficiary to ensure to governance of the relation +between the beneficiary and the worker registered with one of the recruiting agencies . Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Regulating Labour +Relations 10 + 6. The procedures to issue a license of a n agency of temporary employment and outsourcing or +intermediatio n are: +a. Submitting the request through the channels determined by the Ministry. +b. Meeting the required conditions for issuance the license. +c. Fulfilling the required guarantees and insurances. +d. Paym ent of the determined fees. +e. Any other procedures stipulated in a resolution issued by the Minister or his authorized +representative. +7. The procedures to suspend or cancel the license of recruitment agencies are: +The Ministry may suspend, temporarily, the age ncy’s license or cancel in the event any of +the following circumstances is proven to exist: +a. Lacking any of the conditions required for the issuance of the license. +b. If any of the documents or data, submitted for the purposes of the license, is proven to be +false. +c. If the agency commits any act involving any form of forced labour or human trafficking. +d. Failure to pay workers’ wages. +e. Violati ng any of the other conditions determined by the Ministry. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (10) +Employment Contract +Subject to the provisions of article (8) of the Decree -Law : +1. The employment contract shall include, in principal, the employer’s name and address, the +worker’s name, nationality, date of birth , and what is needed to prove his identity, his +qualifications, o ccupation or professions, date of joining work, place of work, working hours, +rest days, probation period if available, term of the contract, the wage as agreed upon +including benefits and allowances, length of the deserved annual leave, notice period, +procedures of terminating the employment contract and any other data determined by the +Ministry in accordance to what is re quired to regulate the relationship between both parties. Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Regulating Labour +Relations 11 + 2. It is permissible for the worker and employer to agree on inserting new clauses to the +approved contract templates, provided that these clauses are in compliance with the +provisions of the Decree -Law, this resolution, and legal regulations . +3. It is permissible to change the contract from one work model to another provided that the +following conditions are met : +a. Approval from both the employer and worker. +b. Settlement of all dues arising from the first contract. +c. Followin g the procedures determined by the Ministry. +4. The contracting between the worker and the employer shall be for the work pattern agreed +upon in accordance with contract templates approved in the Ministry’s system and they are: +a. Full -time employment contract. +b. Part -time employment contract. +c. Temporary employment contract. +d. Flexible employment contract. +e. Remote employment contract. +f. Employment sharing contract. +g. Any other employment contract templates stipulated in a resolution issued by the +Minister in accordance with the classification of manpower approved by the Cabinet and +work models. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (11) +Grant of a New Permit after Employment Contract Expiry during the Probation +Period +Subject to the provisions of clauses (4) and (6) of article (9) of the Decree -Law , the Ministry may +exempt certain workers of the condition of not granting the work permit in accordance with the +following controls: +1. The worker must have the skills , profession al or knowledge levels needed by the State. +2. The worker who is sponsored by his parents. Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Regulating Labour +Relations 12 + 3. Holders of the golden residency. +4. Any professional categor ies pursuant to the needs of the labour market in the State stipulated +in a resolution issued by the Minister under the manpower classification approved by the +Cabinet. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (12) +Controls of the Non -Compete Clause +1. Subject to the provisions of article (10) of the Decree -Law , in order to implement the non - +compete clause stipulated in the contract, the following shall be determined: +a. The geographical scope for the application of the clause. +b. The clause period, provided that it does not two years from the contract’s expiry date. +c. The work’s nature which causes gross damage to the employer’s leg itimate interests. +2. In the event a dispute concerning the non -compete clause arises, and it has not been settled +amicably, it shall be referred to the courts and the employer shall bear the burden of proving +the damage. +3. The non -compete clause shall not be applicable if the cause of terminating the contract is due +to the employer’s will or a breach of his legal or contractual obligations. +4. It may be agreed, in writing, that the non -compete clause shall not be applicable upo n +terminating the employment contract. +5. The worker shall be exempted from the non -compete clause stipulated in article (10) of the +Decree -Law in accordance with the following conditions: +a. Payment of a compensation to the previous employer , that does not exce ed three months +of the worker’s wage as agreed upon in the last contract, by the worker or the new +employer , provided that the previous employer’s approval to do so is in writing. +b. If the contract is terminated during the probation period. +c. Any professional categories , in accordance with the requirements of the labour market in +the State, stipulated in a resolution issued by the Minister under the manpower +classification approved by the Cabinet. Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Regulating Labour +Relations 13 + +" +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (13) +Assignment of the Worker to do Anothe r Work +1. Subject to the provisions of article (12) of the Decree -Law , the worker may be assigned to +perform another work that is fundamentally different in nature from his original work, as an +exception called upon by necessity to prevent an accident or to repair a damage caused by +the worker; and the maximum limit of the worker’s assignment to perform those activities +shall be (90) Ninety days per annum. +2. During the application of clause (1) of this article, it is understood that f undamental difference +shall mea n that the work assigned to the worker is totally and naturally different from his +profession or educational qualification. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (14) +Work Regulations +Subject to the provisions of article (13) of the Decree -Law , establishments that employ (50) or +more workers, shall set regulations to organize the work , such as a list of work instruction, +penalties and promotions and bonuses and the procedure s of terminating the labour +relationship, and subject to following controls: +1. Develop the regulations in a manner that does not contradict with the provisions and rules +stipulated in the Decree -Law , the provisions of this resolution and the legal regulation s. +2. The list of penalties must include the penalties that may be imposed on violating workers, and +the conditions and controls of its imposition. +3. The list of work instructions must include the daily working hours, weekend days , official +holidays, and the necessary measures and precautions to be considered to avoid work injuries +and fire hazards. +4. The list of promotions and bonuses must include the st andards and controls related to the +promotions and bonuses. Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Regulating Labour +Relations 14 + 5. The employer must inform the worker of the regulations stipulated in this article, by any +available means, and must make him aware of it in the language he understands. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (15) +Working Hours +Subject to the provisions of article (17) of the Decree -Law : +1. The time periods, which the worker spends commuting between his place of residence and +his workplace, shall counted as part of the working hours in the following circumstances: +a. The period the worker spends inside the mode of transport in the event of bad weather +and in response to the warnings by the National Meteorology Center concerning weather +changes and fluctuations. +b. The period the worker sp ends inside the mode of transport provided by the employer in +the event of a traffic accident or sudden malfunction. +c. The parties ’ explicit agreement on such in the contract . +2. The normal working hours shall be reduced by two hours during the holy month of Ramadan. +3. The employer may employ the worker for working hours additional to the normal working +hours provided that they do not exceed two hours per day unless the work is necessary to +prevent the occurrence of a gross loss or a serious accident or to elimi nate or mitigate its +effects. In all events, the total working hours must not exceed (144) One Hundred and Forty - +Four hours every (3) three weeks. +4. The following categories shall be exempted from the provisions relating to the maximum limit +of working hours : +a. Chairmen and members of board of directors. +b. Persons occupying supervisory positions if the occupants of such positions enjoy the +capacities of an employer. +c. Workers comprising the crew of maritime ships and workers employed at sea and enjoy +special service conditions due to the nature of their work. Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Regulating Labour +Relations 15 + d. Activities whose technical nature require its performance in s uccessive shifts or rounds +provided that the average of working hours does not exceed (56) hours per week. +e. Preparatory or supplementa ry activities which are required to be performed outside the +general time zones determined for work at the establishment. +5. The Minister may issue the resolution necessary to determine the activities stipulated in this +article in accordance with the requirements of the labour market. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (16) +Wages +Subject to the provisions of article (22) of the Decree -Law : +1. The employer shall commit to pay his workers’ wages on due dates and in accordance with +the following conditions, controls, and procedures: +a. The wages shall be paid on due dates and in the manner agreed upon in the contract and +in accordance with the regulations and standards developed by the Ministry. +b. All establishments registered with the Ministry shall pay its workers’ wages on their due +date through the Wage Protection System or any other syste m approved by the Ministry. +2. The Ministry may take the necessary legal procedures and measures stipulated in the Decree - +Law , this resolution, and legal regulations in relation to the establishment in the event of non - +payment of the agreed wage. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (17) +Failure to Enable the Worker to Perform His Work +Subject to the provisions of article (26) of the Decree -Law : +1. The employer shall commit to enabling the worker to perform his work, otherwise he shall be +obliged to pay him the wage agreed upon. +2. If refraining from enabling the worker to perform his work is due to circumstances outside the +employer’s will , the latter shall inform the worker of such circumstances and ensure the +payment of his wage. Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Regulating Labour +Relations 16 + 3. If the worker wishes to leave his work, he shall notify the employer of such will, and in all +events the worker may submit a labour claim in accordance with the applicable le gal +regulations. +4. The Ministry may, upon the submission of the claim, communicate with the employer and +grant him a period to enable the worker to perform his work; and in the event the employer +does not respond, the Ministry may cancel the worker’s employm ent permit and allow him to +transfer to another establishment without prejudicing his rights with the employer. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (18) +Annual Leave of Worker s Operating with the Part -Time Model +Subject to the provisions of clause (2) of article (29) of the Decree -Law , the worker employed +under a part -time work model shall be entitled of an annual leave in accordance with the actual +working hours the worker spends with the employer, and its durati on shall be determined based +upon the total working hours after converting it to working days, divided by the number of +working days per annum, multiplied by the leaves determined by law, with a minimum limit of +five working days per annum for annual leaves ; and in calculating these due leaves, the part of a +day shall be considered as a full day in accordance with the following: +1. The percentage shall be the ratio of the worker’s work under a part -time contract to the +worker’s work under a full -time cont ract. +2. The actual working hours shall be equivalent to a maximum of (8) eight working hours per +day. +3. The worker’s working hours, under a part -time contract, shall be equivalent to the number of +hours that have been contracted. +4. The equation shall be the yearly number of the worker’s working hours under a part -time +contract divided by the number of working hours under a full -time contract, multiplied by +100 , equals the percentage. + + Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Regulating Labour +Relations 17 + " +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (19) +Carrying Forward the Annual Leave or Earning Cash Renumeration Instead +Subject to the provisions of clauses (8) and (9) of article (29) of the Decree -Law : +1. The worker may carry forward , into the following year, what does not exceed half of the +annual leave or agree with the employer to receive its equivalent in cash in accordance with +the wage he earns at the time the leave is due. +2. In the event the worker’s service is terminated , he shall be entitled to receive a cash equivalent +of the balance of his annual leaves due by law in accordance with his basic salary. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (20) +No Paid Sick Leave Resulting from the Worker’s Misconduct +Subject to the provisions of article (31) of the Decree -Law : +1. The worker shall not be entitled to a sick leave in the following circumstance: +a. If the illness is a result of the Worker’s misconduct such as the consumption of alcohols or +use of drugs. +b. If the worker violates the special safety instructions in accordance with the enforced +legislation in the State, such as the instructions in relation with crisis and disasters or roads +and traffic r egulations or any safety procedures and controls determined in the +establishment’s regulations which the worker confirmed is aw areness, understanding and +commitment to it. +2. For the application of what is stipulated in clause (a) of this article , a report from the +concerned authorities in the State is required to prove hat the sickness is a result of the +worker’s misconduct. + + + + + Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Regulating Labour +Relations 18 + " +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (21) +Miscellaneous Leaves +Subject to the provisions of article (32) of the Decree -Law : +1. The worker may be granted a study leave to take tests, provided that he has obtained an +academic acceptance from on the accredited institutions or university faculties in the State , +indicating the type of studies, major and duration of the studies. The establishment may +request a proof of the dates on which the tests were taken. +2. The national worker shall be entitled to a full -time leave to perform the national and reserve +service , pursuant to the laws and regulations applicable in the State. +3. The worker shall be entitled to a mourning leave starting from the passing date provided that +he submits what pro ves the death upon his return to work. +4. The worker shall be entitled to a parental leave as stipulated in the Decree -Law provided that +he submits what proves the birth of his child. +5. It is permissible to combine the mourning, parental , annual, and unpaid leaves. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (22) +Workers’ Safety, Protection and Health Care +Subject to the provisions of article (36) of the Decree -Law : +1. Every employer shall: +a. Provide adequate prevention means to protect workers from the risks of occupation +injuries and illnesses that may occur during working hours, as well as fire hazards and all +other risks that may result from the use of machines and other work tools ; he shall as well +follow other prevention methods determined by the Ministry in this regard. +b. Put in a prominent and visible place at work detailed and clear instructions concerning +the means of fire prevention , protection of workers from risks they may be exposed to +during performing their work , ways to avoid it and ways to treat the accidents that may +result because of it, provided that such instructions are in Arabic and in another language Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Regulating Labour +Relations 19 + the workers understand when needed; and he shall put warning signs in front of +dangerous spots. +c. Inform his workers , before handing over the work to them, of the risks associated with +their professions such as fire hazards , risks of machines, falls, occupational illnesses and +others. +d. Delegate the supervision of first aids to a specialist in providing medical care and to supply +in each first aid kit box all the necessary items. +e. Provide the necessary means of fire prevention as well as appropriate extinguishers or +materials existing in the establishment and materials used in industries. +f. Take the necessary means to ensure, continuously, that the circumstances existing in +workplaces provide prevention sufficient for the worker’s healthcare and safety operating +in the establishment. +g. Take the adequate practical means to prevent, reduce or eliminate health hazards in +workplaces. +h. Take the necessary precautions to protect workers from the risks of falls , falling objects , +flying debris, sharp bodies, liquid chemical, or hot substances, flammable or explosive +substances, or any other substances that may cause damage ; he shall take , as well , the +necessary precautions to protect workers from hazards of compressed gases and +electricity. +i. Hang guiding boards in place of machineries or in the place of different operations +indicating the type of the necessary technical instructions – in Arabic – and in another +language the workers understand when needed. +2. The worker shall use protective equipment and clothing provided to him, apply the +employer’s instructions aimed for this protection from hazards, refrain from any act that may +obstruct such instructi ons, abide by all orders and instructions in relation with work safety +and security precautions , and use means of protection and undertake to take care of those in +his possession. The worker is prohibited from performing any act that may result in the non - +execution of the referenced instructions, misusing the means designated to protect the +worker’s safety and healthcare, or damaging and destructing such means. The employer may Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Regulating Labour +Relations 20 + implement the list of sanctions and penalties on every worker violating the provisions +stipulated in this clause. +3. The Ministry shall coordinate with the authorities concerned with workers’ public health and +professional care and safety in accordance with the following: +a. Monitor the employer’s commitment to provide health insurance for the workers in +compliance with the applicable legislation in the State. +b. Coordinate with the local and federal authorities concerned with the workers’ healthcare +and safety. +c. Verify , constantly, the standards and conditions set on the federal and local l evel in +relation to the workers’ health and safety and occupational injuries as well as monitoring +the workers’ adherence and abidance to it. +d. Supervise, inspect, and implement the administrative penalties on establishments +violating the professional health and safety instructions. +e. Circulate the decisions issued by the authorities concerned with the workers’ health and +safety. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (23) +Work Injuries +Subject to the provisions of articles (37) and (38) of the Decree -Law : +1. The employer undertakes, in the event the worker suffers from an occupational injury or +illness, to pay the costs of the worker’s treatment in accordance with the following conditions +and controls: +a. The worker shall be treated in any governmental or private health facility. +b. The treatment cost shall be continuous until the worker ���s recovery, or if his disability is +proven . +c. The treatment shall include the residence in the hospital, surgeries , x-ray photos and +laboratory tests as well as the purchase of medications, rehabilitation equipment , and the +supply of artificial limbs and p rostheses for those with a proven disability. Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Regulating Labour +Relations 21 + d. The treatment cost shall include the costs of commuting the worker undertakes for the +purposes of the treatment. +2. The worker shall abide by the orders and instructions in relation to the precautions of the +work’s security and safety and shall use prevention means and undertake to take care of those +in his possessio n; the worker is prohibited from performing any act that may result in the non - +execution of such instructions or in the misuse of the means designated for the protection of +the workers’ health and safety or in damaging or destructing such means. +3. The worker shall not be entitled to a compensation against the occupational injury if it is +proven, through the competent authorities, that the injury occurred due to a deliberate +violat ion of the precautionary instructions – announced in prominent place at the workplace +– provided that the employer commits to the following controls: +a. Make the workers aware of the detailed instructions about the means of fire prevention +and the workers’ pr otection from hazards they may be exposed to while performing their +work, in Arabic and in any other language the workers understand when needed. +b. Inform the worker, before performing the work, of its risks and obliging him to use +prevention means designed for the same and shall supply the appropriate tools for the +workers’ personal prevention and training them on how to use it. +c. Train the worker on the safety means stipulated in the workers’ protection instructio ns. +d. Educate the worker, when hired, about the risks of his job and the means of prevention +the worker should abide by ; and shall hang detailed written instructions for such +prevention in the workplace. +4. If the occupational injury or illness resulted in the worker’s death, the compensation shall be +paid to those who are entitled to it in accordance with the applicable legislation in the State +or in accordance with what the worker decides before his death. + + + + Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Regulating Labour +Relations 22 + " +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (24) +Controls for Imposing Disciplinary Penalties against the Workers +Subject to the provisions of article (39) of the Decree -Law : +1. The disciplinary penalties shall be imposed on the workers , provided that the appropriate +penalty is imposed in proportion with the severity and gravity of the committed violation, in +accordance with the following criteria: +a. The extent of the breach to the privacy of work -related data and information . +b. The violation’s impact on the worker or workers’ health and safety operating at the +establishment. +c. The financial impact of the violation. +d. The impact of the violation on the reput ation of the establishment and its workers as a +result of such violation committed. +e. The violating worker’s abuse of powers entrusted to him. +f. The percentage of the worker committing violations of various kinds. +g. The presence of a criminal or moral aspect in the committed violation. +2. The employer shall set a list of sanctions that identifies every penalty of the disciplinary +penalties set forth in article (39) of the Decree -Law . +3. None of the penalties, stipulated in article (39) of the Decree -Law , may be imposed on the +worker unless he has been notified , in writing, of what is attributed to him; and his statements +that must be hear d and defense realized shall be documented in a re port deposited in his +personal file and the penalty shall be appended at the end of the report. The worker shall be +notified , in writing, of the type and value of the penalties imposed on him, and the reasons for +imposing them and the penalty he shall bear in the event of recidivism. +4. The worker shall not be accused of a disciplinary violation that has been discovered for more +than (30) thirty days, and a disciplinary penalty may not be imposed against the worke r if +more than (60) days lapsed from the date of completing the investigation and establishing +the violation against the worker. Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Regulating Labour +Relations 23 + 5. Without prejudice to the worker’s right to submit a labour claim, the worker shall be entitled +to submit a grievance before the establishment’s management against any penalty imposed +against him. The gri evance shall be submitted to the establishment’s management with the +grieved penalty attached. The worker shall not be harmed for filing his grievance and the +employer shall notify the worker of the grievance’s outcome. +6. Subject to provisions of article (14) of this resolution, an employer who employs (50) of more +workers, shall publicize in a visible place – or through any other appropriate mean – the rules +for the complaints and grievances that is accessible to the workers . The rules shall stipulate +that the worker has the right to submit his complaint or grievance to the employ er or whoever +represents him, and that his grievance shall be responded to in writing within a limited +timeframe. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (25) +Termination of the Employment Contract due to the Employer’s Bankruptcy or +Insolvency +Subject to the provisions stipulated in Federal Decree -Law No. (9) of 2016 concerning +Bankruptcy, and Federal Decree -Law No. (19) of 2019 concerning Insolvency and the provisions +of clause (8) of article (42) of the Decree -Law : +1. The employment contract shall be terminated in any of the following events: +a. Issuance of a court judgment declaring the employer’s bankruptcy or insolvency in +accordance with the applicable legislation in the State in this regard. +b. Issuance of a decision from the concerned authorities stating the employer’s ina bility to +resume his activity for exceptional economic reasons beyond his control. +2. The Ministry may, based on its sole discretion, cancel the worker’s employment permit +pursuant to the court judgment declaring the employer’s bankruptcy, and it may grant th e +worker a new permit in accordance with the controls approved in this regard. + + Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Regulating Labour +Relations 24 + " +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (26) +Controls of Serious Threat +Subject to the provisions of clause (3) of article (45) of the Decree -Law , the controls concerning +serious threat at the workplace – which allows the worker to leave his employment without a +prior notice – shall be as follows: +1. The presence of a possible source of ignition. +2. Exposure to electrical wires connected to a power source which may cause an electric shock +or death. +3. Hazardous chemicals that may cause diseases. +4. Unusual temperatures that may cause burns. +5. Exposure to loud noises that may cause permanent hearing impairment. +6. Radiation that may cause a cancerous disease or blindness. +7. Biological threats that may cause illnesse s. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (27) +Transfer of Worker s +Subject to the provisions of article (49) of the Federal Decree -Law : +1. The worker may, upon expiry of his employment contract in accordance with the provisions +of the Federal Decree -Law , transfer to work for another employe r in accordance with the +following conditions and situations: +a. If the contract’s term, agreed upon between the part ies, has expired without being +renewed. +b. If the contract is termination while still in force in accordance with what is stipulated in +articles (42) and (45) of the Federal Decree -Law . +2. The Minister may issue a resolution determining the procedures of the wor ker’s transfer +determined in this article. + + Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Regulating Labour +Relations 25 + " +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (28) +Controls for Reporting the Worker’s Absence from Work +Subject to the provisions of article (50) of the Decree -Law : +1. The employer shall notify the Ministry of the worker’s absence from work in accordance with +the following controls and procedures: +a. The absence from work shall be for more than (7) consecutive days , without the +employer’s knowledge of the worker’s whereabouts or the means of communication with +him. +b. The absence from work form shall be completed in accordance with the procedures +determined by the Minister. +2. In the event the worker is absent from work , for an unjustified reason, before the expiry of the +contract’s term, he shall not be granted another wor k permit for a year starting from the date +of absence of work, with the following exceptions: +a. The worker who is sponsored by his parents. +b. The worker who applies for a new work permit for the same establishment. +c. The worker who has skill, professional or know ledge levels needed by the State. +d. Holders of the golden residency. +e. Any professional categories based on the needs of the labour market in the State +stipulated in a resolution issued by the Minister under the manpower classification +approved by the Cabinet. +3. The Minister may issue a resolution determining the mechanisms of reporting the absence +from work in accordance with the applicable digital system at the Ministry. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (29) +Controls for the Deduction from the Workers’ End of Service Pay +Subject to the provisions of clause (7) of article (51) of the Decree -Law : +1. The employer may deduct from the worker’s end of service pay any amount, due by virtue of +the law or a court judgment, in accordance with the following conditions and procedures: Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Regulating Labour +Relations 26 + a. The amounts owed by the worker that are necessary for the repayment of loans or +amounts paid in excess to what he is entitled to. +b. The repayment of amounts deducted for the calculation of contribution to pensions and +insurances, pursuant to the applicable leg islation in the State. +c. Amounts deducted from the worker because of violations committed subject to the list of +penalties applicable at the establishment and approved by the Ministry. +d. Debts owed pursuant to the execution of a court judgment against the work er. +e. Amounts to repair the damages caused by the worker attributed to his mistake or violation +of the employer’s instructions, which resulted in the damage , destruction or loss of tools, +machines, products, or substances owned by the employer. +2. The employer shall perform the procedures stipulated in the Decree -Law and this resolution +in the event the owed amounts resulted from violations the worker committed or as a result +of damages attributed to his mistake , provided that a period of (3) three months has not +lapsed on the amounts owed starting from the date they became due – unless otherwise is +agreed. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (30) +End of Service Pay for Workers Subject to Other Work Models +Subject to the provisions of article (52) of the Decree -Law , the end of service pay for workers +operating under a part -time or employment sharing model, and not under a full -time model, shall +be calculated as follows: +1. The annual number of working hours sti pulated in the employment contract divided by the +annual number of working hours under a full -time contract, multiplied by 100 equals the +percen tage multiplied by the value of the end of service pay under a full -time employment +contract . +2. The end of service pay shall not be applicable in the event of operating under a temporary +employment model or if its duration is less than a year. + Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Regulating Labour +Relations 27 + " +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (31) +Individual Labour Disputes +Subject to the provisions of article (54) of the Decree -Law : +1. In the event a dispute arises between the emp loyer and the worker, or anyone claiming +through them, concerning any of the rights entitled to any of them pursuant to the provisions +of the Decree -Law, an application concerning the same shall be submitted to the Ministry +who examines the application and take what it deems necessary to resolve the dispute +amicably. +2. In the event the amicable resolution of the dispute is not achievable, the Ministry shall refer +the dispute to the competent court within (14) Fourteen days as of the application date, and +the referral shall be appended with a memorandum summarizing the dispute, the parties ’ +arguments, and the Ministry’s recommend ation. +3. Every worker, whose claim has been referred to the court, shall register his case and a djust his +status in the State as soon as possible, and the Minister may issue the necessary resolutions +regulating the status of the worker and establishment afte r referring the claim to the court. +4. The worker shall be entitled to claim the wage of two months in the event he resume d his +work while the labour dispute – referred to the court – is still valid; in this event, the Ministry +may oblige the employer to pay such wage or refer a claim in this regard to the court. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (32) +Collective Labour Disputes +Subject to the provisions of article (59) of the Decree -Law : +1. If a dispute arises between the employer and all the workers or a group of them, and both +parties fail to resolve it amicably, the claimant must submit a claim in accordance with the +following controls and procedures: +a. The claim must be submitted through the channels determined by the Ministry. +b. Identifyi ng the type and value of the claims. +c. The claim must be submitted within two weeks from when the dispute started. Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Regulating Labour +Relations 28 + 2. The Ministry may address the concerned authorities to impose a precautionary custody on +the establishment to secure the workers’ rights. +3. The Ministry may cash out the bank guarantee or insurance allocated for the workers – +without the need to obtain the employer’s approval – in the event the workers’ claim is +proven to be valid or take an y other procedures or measures to ensure the payment of +workers’ dues. +4. The Ministry shall, in accordance with the procedures determined by virtue of a resolution +issued by the Minister for dispute resolution, and in the event a settlement is not achievable +for any reason or due to the parties not committing to the agreed settlement, refer the dispute +to the committee of collective labour disputes. +5. The committees of collector labour disputes – formed by virtue of a resolution issued by the +Cabinet based upon the Minister’s proposal – shall rule on disputes referred to it and its +decision shall be final and appended with the executive form by the competent court. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (33) +Procedures of Work Inspection +Subject to the provisions of article (57) of the Federal Decree -Law : +1. Work inspection shall be performed by competent inspectors from the Ministry’s employees, +and they shall have the following capacities and functions: +a. Monitor the proper execution of provisions of the Decree -Law , this resolution, and the +legal rules , and particularly those related to labour conditions, wages , and workers’ +prevention and protection while performing their work. +b. Provide employers and workers with information and technical guidance that ena ble +them to follow the best means to execute the provisions of the Decree -Law and this +resolution. +2. The acts committed in violation to the provisions of the Decree -Law , this resolution, and the +legal rules, shall be recorded in accordance with the following procedures: Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Regulating Labour +Relations 29 + a. If the inspector verifies, during his inspection, that a violation to the Decree -Law , +regulations or its executive resolutions thereof exists , he shall write a report to record the +violation and shall submit it to the competent authority to take the necessary measure +against the violator. +b. The inspector may, when necessary, request the competent administrative or security +authorit ies to provide the necessary assistance. +c. Employers and their representatives must provide the inspectors, entrusted with the work +inspection, with the facilitations and data necessary to perform their duty and must +respond to requests to appear before them or to send a d elegate whenever asked to do so. +3. The Minister may issue the necessary mechanism to regulate the inspectors’ activities and +procedures of inspection. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (34) +Administrative Penalties +Subject to the provisions of articles (58 ), (59), (60), (61), (62), (63) and (64) of the Federal Decree - +Law , and in the event of a violation to the provisions stipulated in the Federal Decree -Law and in +this resolution, the Ministry shall be granted the capacity of imposing administrative penalties as +stipulated in Artic le (3) of Federal Law No. (14) of 2016 referenced in the Federal Decree -Law . + +" +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (35) +Procedures of Grievances against the Ministry’s Resolutions +Subject to the provisions of article (69) of the Federal Decree -Law , both parties to the labour +relationship may file a grievance against resolutions issued by the Ministry in accordance with +the following procedures: +1. The application must be submitted thro ugh the channels determined by the Ministry to the +Grievances Committee within (30) thirty days from the date of knowing of the resolution. +2. The grievance application must be complete and inclusive all the data and documents +supporting the application. Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Regulating Labour +Relations 30 + " +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (36) +Emergency Situations +Subject to the provisions of the Federal Decree -Law : +1. It is p ermissible, during exceptional emergency situations which are determined by virtue of +a resolution issued by the Cabinet, to implement working mechanism suitable with the +conditions of such situations, during which the interest of all parties to the labour relationship +is considered; such mechanisms may include for example, but not limited to: +a. Implementation of working remotely. +b. Granting the worker a paid leave. +c. Granting the worker an unpaid leave. +d. Reduction of the worker ’s wage. +2. Without prejudice to what is stipulated in clause (1) of this article, the Minister shall issue the +resolution necessary for the implementation of adequate working mechanisms during +excep tional and emergency situations. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (37) +The Minister shall issue the resolutions necessary for executing the provisions of this resolution. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (38) +Any provision, contradicting or conflicting with the provisions of this resolution, shall be +repealed. + + + + + + Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Regulating Labour +Relations 31 + " +"labour, residency and leberal professions",Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulation of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations,"Article (39) +This resolution shall be published in the Official Gazette and shall come into force as of 02 +February 2022. + + + + + + + + + + + + + + + + + + +Mohammed bin Rashid Al -Maktoum +Prime Minister + +Issued by us, +On: 02 Rajab 1443 A .H. +Corresponding to: 03 February 2022 AD " +"labour, residency and leberal professions",Cabinet Resolution No. (79) of 2023 Adopting the Code of Professional Conduct and Ethics for the Public Service in the Federal Government,"Article (1) +The Code of Professional Conduct and Ethics for the Public Service in the Federal Government, +of which provisions are attached, shall be adopted. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (79) of 2023 Adopting the Code of Professional Conduct and Ethics for the Public Service in the Federal Government,"Article (2) +Cabinet Resolution No. (15) of 2010 Adopting the Code of Professional Conduct and Ethics +for the Public Service shall be repealed. + +Article (3) +This Resolution shall be published in the Official Gazette and shall enter into force as of the +day following the date o f its publication. + +Mohammed bin Rashid Al Maktoum +Prime Minister + +Issued by Us , +On: 22 Dhul Hijja 1444 A.H. +Corresponding to: 10 July 2023 AD Cabinet Resolution of 20 23 Adopting the Code of Professional Conduct and Ethics for the Public Service in the +Federal Government 2 + Code of Professional Conduct and Ethics for the Public Service in the Federal +Government Annexed to Cabinet Resolution No. (79) of 2023 + +Objectives +1. The Code of Professional Conduct and Ethics for the Public Service in the Federal +Government shall define the ethical standards that employees must adhere to, in order to +maintain public confidence, enhan ce integrity, prevent conflicts of interest, and protect +the reputation of the UAE Government. +2. This Code emphasises the shared responsibility to promote a culture of ethics and +integrity, through cooperation between managers and employees. + +Scope of Application +This Code shall apply to all employees of the Federal Entities, and the Federal Entities may +issue detailed codes of professional conduct and ethics commensurate with the nature of their +work. + +Public Servant Form +A public servant shall be a ro le model in his commitment to work ethics, his embodiment of +positive values, his support and inspiration to others, and his knowledge of local and global +changes and developments, in a manner that enhances competitiveness and levels of +performance. + +Guide lines +The Code is based on ethical principles that promote integrity, professionalism, serve the +public interest, and provides basic guidelines for the employee's commitment to work ethics +in the Federal Government, as indicated in the Pledge of Commitment Adhering to the +Principles of Professional Conduct and Ethics of the Public Service, attached to this Code. + +Obligations of the Federal Entity +1. Consolidating institutional values and creating a supportive work environment for the +employee. Cabinet Resolution of 20 23 Adopting the Code of Professional Conduct and Ethics for the Public Service in the +Federal Government 3 + 2. Raising awareness of the culture and principles of professional conduct and ethics of the +Public Service, supervising the enforcement of the Code, and disseminating it among +employees in the ways it deems appropriate. +3. Granting all of its employees access to the co ntents of the Code, and ensuring their +commitment to sign it electronically. +4. Providing safe channels for reporting conduct inconsistent with the principles of +professional conduct and ethics of the Public Service. +5. Conducting an investigation of the cases r eported, taking into account privacy and +providing protection for the reporting employee. +6. Imposing penalties in the event that the employee is proven to have violated the principles +of professional conduct and ethics of the Public Service, as stipulated in the Human +Resources Law, its Executive Regulation, and relevant laws and legislations . + +Obligations of the Employee +1. Reading and adhering to the principles of professional conduct and ethics of the Public +Service. +2. Informing his direct supervisor or the human resources department in the Federal Entity +of any violations of the principles of professional conduct and ethics of the Public Service +stipulated in the Pledge of Commitment, immediately upon their occurrence, or his +knowledge thereof. +3. Cooperating i n the event of accountability in accordance with the official procedures and +channels followed in the Federal Government and the relevant laws and legislations. + +Final Provisions +1. The employee plays an important role in maintaining the integrity and reputat ion of the +entity for which he works, by adhering to the principles of professional conduct and ethics +of the Public Service. Adherence to these standards, and immediate reporting of any +violations thereof, is necessary, because it contributes to maintaini ng public confidence in +the Government . +2. Non -compliance with this Code shall be dealt with seriously by the Employer, as all +employees must abide by it, and sign the Pledge of Commitment Adhering to the +Principles of Professional Conduct and Ethics of the P ublic Service attached to this Cod e. Cabinet Resolution of 20 23 Adopting the Code of Professional Conduct and Ethics for the Public Service in the +Federal Government 4 + Pledge of Commitment Adhering to the Principles of Professional Conduct +and Ethics of the Public Service + +In my capacity as an employee of the Federal Government, I pledge as follows: +1. Integrity: I shall act with integrity, honesty, and professionalism, adhering to the highest +ethical standards, and I shall avoid engaging in any inappropriate or unethical conduct. +2. Compliance: I shall review all applicable laws, systems, and policies, and any subsequent +updates thereto, and adhere to them duly. +3. Confidentiality: I shall maintain the confidentiality of information and data, and shall +only share what is authorised except after obt aining the required approvals, in accordance +with the relevant laws and regulations. +4. Conflict of Interest and Disclosure: I shall avoid any situation in which my job duties +conflict with my personal interests, and I shall disclose to the Employer any poten tial +conflict of interest. +5. Justice and Equality: I shall maintain impartiality, avoid bias when performing my +responsibilities, treat everyone fairly, and avoid showing any kind of favouritism. +6. Diversity and Inclusion: I shall contribute to promoting diver sity and inclusion in the +work environment, and shall avoid any discrimination against individuals or groups. +7. Gifts and Bribes: I shall not accept, request, take or offer bribes, and shall not accept or +offer any gifts unless they are in accordance with wh at is stipulated in the relevant +legislations. +8. Optimal Use of Government Resources: I shall use government resources for official +purposes only, and refrain from achieving any personal gains or benefits. +9. Compliance with the Ethics of Using Social Media Platforms: I shall use social media +in a responsible and professional manner at all times, and shall avoid harming the +reputation of the State or my Employer, subject to the relevant legislations. + +Acknowledgement and Approval +I, the undersigned ___________ _________, acknowledge that I have read the Code of +Professional Conduct and Ethics for the Public Service in the Federal Government and +understood what is stated therein, pledging to adhere thereto so as not to fall under liability. + " +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (1) +Definitions +For the purpose of applying the provisions of this Decree Law, the following words and +expressions shall bear the meanings assigned thereto respectively, unless the context +requires otherwise: + The State : The United Arab Emirates + The Ministry : The Ministry of Justice + The Minister : The Minister of Justice + Head of Local +Judicial +Authority : The heads of local judicial bodies according to the legislation +regulating their work. + The Committee : The Lawyers and Legal Consultants Affairs Committee that is +established pursuant to article (79) hereof. + The Competent +Department : The Ministry's Lawyers and Legal Consultants Affairs +Department +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 3 + The Roll : A paper or electronic document kept by the Competent +Department for recording the lawyers' data, and each of +which shall have an independent roll according to the +provisions of this Decree Law and its Executive Regulations. + The Register : The pape r or electronic document kept by the Competent +Department for recording the data of lawyers' assistants; i.e. +legal researchers, legal consultants and representatives, +according to the provisions of this Decree Law and its +Executive Regulations. + The Lawy er : The natural person whose name is recorded in the roll of +practicing or non -practicing lawyers with the Ministry. + Legal +Consultant : The natural person whose name is recorded in the roll of legal +consultants with the Ministry. + The profession : The legal profession or legal consultation profession + The Code : Regulations that set out a set of rules and controls that +regulate the work of the lawyers and their assistants, as well +as the professional ethics and conduct. + The Firm : The law firm o r legal consultation firm duly licensed in the +State, whether as a sole proprietorship or a professional +company. + The Foreign +Firm : The branch of a foreign firm or company duly licensed in the +State to engage in the legal profession and legal consultat ion +and which satisfies the requirements set out in article (70) +hereof. + Legal Fees : The monetary consideration payable to the lawyer or legal +consultant against performing the legal work assigned to him +/ her by the client. + Retainer +Agreement : An agreement between the lawyer or legal consultant and the +client, which sets out the agreed fees and payment method, as +well as the type and nature of the duties assigned to the +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 4 + lawyer or legal consultant + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (2) +Objectives of this Decree Law +This de cree law shall aim to: +1. Regulate the legal profession and legal consultation profession. +2. Develop the legal profession and legal consultation profession and upgrade the +efficiency of its practitioners; and +3. Promote the trust in those performing the legal profession and legal consultation +profession under the umbrella of specific professional, ethical and behavioral controls. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (3) +Scope of Application +1. The professions of this Decree Law shall apply to all persons and entities practicing the +legal profession and legal consultation profession in the State. +2. The emirates having local judicial authorities may regulate the legal profession and legal consu ltation profession in accordance with their own local legislation. + +Part Two +Practice of the Legal Profession +Chapter One +Independence and Controls of the Profession +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (4) +The legal profession is an independent, liberal profession regulated by this Decree Law, and contributes to achieving justice, ensuring the rule of law and promoting the right to defense. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (5) +Lawyers are the professionals who engage in the legal profession for the sake of providing judicial assistance to the wishing persons. In the course of performing their profession the +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 5 + lawyers shall have the rights and guarantees and shall be subject to the duties imposed on +them in accordance with the provisions of this Decree Law and its Executive Regulations +and the Code. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (6) +1. Only lawyers duly licensed in the State shall practice the legal profession or carry out any activities related thereto or use the title ""lawyer"" upon performing any other relevant +work. The legal profession's activities shall include, without limitation, the following +work: +a. Appearing on behalf of, and representing, the persons concerned before the court s, +the public prosecution, the committees of a judicial mandate, the investigation +bodies and the police, defending such persons in relation to the legal proceedings +instituted by or again them, and carry out relevant judicial work; +b. Giving legal opinion and advice; +c. Drafting the contracts and relevant legal procedures; and +d. Representing the parties in respect of any non- judicial legal work under a limited +power of attorney. +The courts, the public prosecution and government entities shall only admit t he lawyer's +legal representation if his / her name is recorded in the Roll of Practicing Lawyers kept with +the Ministry. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (7) +Without prejudice to article (9) hereof, only the lawyers admitted for pleading befo re the +Federal Supreme Court shall be allowed to appear before such a court on behalf of the +parties to the case and to file motions, appeals and statements of claim. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (8) +Notwithstanding the provisions of article (6) hereof: +1. The persons conc erned may authorize their spouses, in -laws or blood relatives up to the +fourth degree to appear on their behalf before the courts and judicial committees. +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 6 + 2. An attorney -in-fact appointed under a limited power of attorney may represent the legal +represen tative of the private legal person in relation to any legal proceedings, whether +before the Case Management Office or the Court, as the case may be. In which case, the +attorney -in-fact shall satisfy the following requirements: +a. To be a national citizen h aving full legal capacity; +b. To be holding a university degree in law or in Sharia and law from a university or +college recognized in th e State or the equivalent certificate thereof. In addition, the +Executive Regulations hereof shall set out the controls and requirements of the equivalent certificates; +c. To be an employee of the private legal person; and +d. To have its name recorded in t he Roll of Non -Practicing Lawyers. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (9) +Notwithstanding the provisions of Articles (6) and (7) hereof: +1. The State Lawsuits Department of the Ministry shall represent the ministries, government departments, and federal public bodies and institu tions in relation to filing +the motions, statements of claim, appeals and statements of defense, and, in general, performing all acts and activities relating to the handling of legal proceedings and +appeals before the courts of all jurisdictions, the arbit ral tribunals in the State and any +other entity having a judicial mandate under this Decree Law, whether the ministries, +government departments, and federal public bodies and institutions are acting as +Plaintiff or Defendant, both within and outside of the State. +2. Without prejudice to article (7) hereof, such entities may be represented by the +following persons in respect of performing the activities referred to in Clause (1) of this +Article: +a. The legal consultants who are employed by such entities, p rovided that their names +are recorded in the Roll of Non -Practicing Lawyers; and +b. The law firms in relation to certain important legal proceedings, subject to prior approval of the Minister. +3. The local gov ernment entities and State -owned companies may be represented by either +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 7 + the Ministry's State Lawsuits Department for carrying out the activities referred to in +Clause (1) of this Article, or the legal consultants and experts who are national citizens +employed by such entities, provided that their names are recorded in the Roll of Non -Practicing Lawyers. Such entities may also be represented by lawyers to carry out +the said activities, provided that the representing lawyers are admitted for pleading +before t he Court handling the underlying legal proceeding. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (10) +1. A non -national lawyer may be licensed to practice the legal profession in the State +subject to satisfying both the requirements set forth in Articles (13.2) , (13.3) , (13.4), +(13.6), (13.7), (13.8) , (13.9) and (13.10) hereof, and the following requirements: +a. The non -national lawyer must have practiced the legal profession for at least fifteen +(15) years, and is still registered as a practicing lawyer in the State wherein the legal +profession has been practiced by him; +b. The non -national lawyer must be a partner of a foreign law firm that is both duly +licensed in the State and satisfying the requirements set out in article (70) hereof, and +according to the conditions set out in the Exe cutive Regulations hereof, and must be +practicing the legal profession only through such a firm; +c. The non -national lawyer shall carry out the legal representation only in relation to the +legal proceedings handled by the specialized circuits to be determined based on a +decision of the Head of the Federal Judicial Council or the Heads of Local Judicial +Bodies, as the case may be, and excluding the criminal proceedings, administrative proceedings, family proceedings and personal status proceedings of Muslims ; and +d. The other requirements set out in the Executive Regulations of this Decree Law. +2. During, and on the occasion of, practicing the legal profession, the non -national lawyer +shall be subject to all the rights, obligations and disciplinary measures that are applicable +to the national lawyers and described herein. +3. The Executive Regulations of this Decree Law shall regulate the procedures and +controls of licensing and delicensing the non- national lawyers to practice the legal +professi on, as well as the licensing term and renewal mechanism. +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 8 + Chapter Two +Listing in Rolls of Lawyers +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (11) +Roll of lawyers shall be created by the Ministry as follows: +1. The Roll of Practicing Lawyers; +2. The Roll of Non- Practicing Lawyers; and +3. The Roll of Trainee Lawyers. + +Section One +Listing in Rolls of Practicing Lawyers +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (12) +1. The Rolls of Lawyers shall be divided into: +a. The Roll of Practicing Lawyers admitted before the Courts of First Instance and +Appeal; and +b. The Roll of Practicing Lawyers admitted before the Federal Supreme Court. +2. The Executive Regulations of this Decree Law shall set out the conditions and procedures of moving the lawyer's name from the Roll of Practicing Lawyers admitted +before the Cour ts of First Instance and Appeal to the Roll of Practicing Lawyers admitted +before the Federal Supreme Court. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (13) +Any lawyer whose name is listed in the Roll of Practicing Lawyers shall satisfy the following +requirements: +1. To be a national citizen; +2. To be at least twenty -one (21) calendar years of age; +3. To be of full legal capacity and good reputation and conduct, and has neither been +convicted by a court on the grounds of any felony or misdemeanor involving moral +turpitude or breach of trust, nor been convicted on disciplinary grounds in relation to +any of such crimes, even if rehabilitated; +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 9 + 4. To be holding a university degree in law or in Sharia and law or the equivalent certificate +thereof from a university or c ollege recognized in the State; +5. To successfully pass the training period determined and regulated by the Executive Regulations hereof; +6. To successfully pass the written exams and interview before a committee to be formed +by a resolution of the Min ister; +7. To successfully pass the medical examination in order to verify his eligibility to practice +the legal profession, as described in the Executive Regulations hereof; +8. To complete the necessary procedures and approval of listing not later than three (3) +months following the date of being notified of the listing application approval; +otherwise, his application shall be invalidated; +9. To submit a valid professional liab ility insurance policy, to be issued by an insurer duly +licensed to operate in the State, unless the lawyer's liability is covered by the insurance +policy of the law firm at which the lawyer works, according to the controls to be determined by the Minister ; and +10. To pay the prescribed fees. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (14) +Notwithstanding the provisions of Articles (13.5) and (13.6) hereof, any person who has +already occupied a judicial or public prosecution position or any legal position at the legal +departments of the ministries or government bodies, or performed any job equivalent to the +profession for a period of not less than three (3) years, may have his / her name listed in the +Roll of Practicing Lawyers admitted before the Courts of First Instance and Appeal or the +Federal Supreme Court, as regulated by the Executive Regulations hereof. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (15) +1. Listing in the Roll of Practicing Lawyers shall be valid for three (3) years renewable for a +similar period (s) at the request of the person concerned. +2. Listing in the Roll of Non -Practicing Lawyers shall be valid for five (5) years. +3. The Executive Regulations hereof shall determine the listing renewal conditions and +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 10 + controls. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (16) +1. The lawyer shall only practice t he legal profession after taking the following legal oath: +(""I swear by Allah, the Almighty Lord, that I shall perform my duties honestly and +honorably, respect the laws of the State, and preserve the profession and abide by +its ethics and core values"" ). +2. The lawyer admitted before the Federal Supreme Court shall take the oath before any +circuit of the Court, while the lawyer admitted before the other courts shall take the oath +before a circuit of the Courts of Appeal. +3. The lawyer's taking of the o ath shall be record in a report a copy of which shall be kept in +his / her personal file at the competent department. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (17) +The Executive Regulations hereof shall set out the conditions and procedures of moving the +listing details from the Roll of Non -Practicing Lawyers to the Roll of Practicing Lawyers or +re-listing after removal of listing. + +Section Two +Listing in the Rolls of Trainee Lawyers +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (18) +The trainer shall have his / her name listed in the Roll of Trainee Lawyers subject to +satisfying the requirements set out in the Articles (13.1), (13.2), (13.3) and (13.4) hereof. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (19) +1. The application for moving the listing details of the trainee lawyer to the Roll of +Practicing Lawyers or to the Roll of Non- Practicing Lawyers shall be admitted within one +year of the date of successfully passing the training the training period and takin g the +legal oath ser forth in article (16) hereof. +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 11 + 2. The Executive Regulations of this Decree Law shall set out the training conditions and +procedures. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (20) +1. Each lawyer admitted for pleading before the Federal Supreme Court shall admit at least +one trainee lawyer at his / her law firm, and shall pay to the same a monthly +remuneration the minimum value of which is to be determined by the Committee. +However, the Committee may relieve the lawyer of admitting any trainee lawyer at his / her law firm if the surrounding circumstances so justify. +2. The Trainee Lawyer shall, during his / her practical training period, appear and plead before the Courts of First Instance and Appeal on behalf, and under the supervision, of the employer lawyer, acc ording to the conditions to be determined by the Executive +Regulations of this Decree Law. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (21) +No lawyer, whose name is listed in the Rolls of Practicing Lawyers, shall be permitted to assume any of the following positions: +1. Presidency or membership of the Cabinet; +2. Presidency of the Federal National Council; +3. The public office, and the Committee may, however, as determined by the Executive +Regulations of this Decree Law, grant an exemption to the faculty members of th e law or +Sharia and law at any university or faculty who are both nationals of the State and holder of PhD degree; +4. The private job, unless the same is conforming to Articles (8.2) and (23) of this Decree +Law. +If the lawyer occupies any of such positions in violation of the provision of this Article, any +disciplinary penalties shall be imposed on him / her as determined by article (86) of this +Decree Law. + + +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 12 + Section Three +Listing in the Roll of Non -Practicing Lawyers +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (22) +1. The following persons shall have their names listed in Roll of Non -Practicing Lawyers: +a. The Practicing Lawyer wishing to have his / her names moved to the Roll of +Non -Practicing Lawyers for whatever reasons; and +b. The Trainee Lawyer who has successfully completed his / her training period and +taken the legal oath provided for in article (16) of this Decree Law, and is wishing to +have his / her name moved to the Roll of Non -Practicing Lawyers. +2. The lawyer, who has any reason preventing him / her from p racticing the legal +profession, may submit an application to the Committee, within thirty (30 ) days of the +occurrence date of the underlying reason, to have his / her name moved to the Roll of Non -Practicing Lawyers; otherwise, he / she shall be held accountable on disciplinary +grounds. When such a reason ceases to exist, he / she may request that his / her name be +re-listed in the Roll of Practicing Lawyers. +3. If the lawyer, whose name is listed in the Roll of Non -Practicing Lawyers prior to the +entry into force of the provisions hereof, is wishing to have his / her name moved to the Roll of Non -Practicing, provided that he / she is not subject to the provisions of Article +(14) hereof, and his name has never been listed in the Roll of Practicing, he / she shall be +subject to the provisions of Articles (13.6) and (13.8) of this Decree Law. +4. Lawyers, whose names are listed in the Rolls of Practicing Lawyers and Non -Practicing +Lawyers, shall have their affairs adjusted within one year following the date of entry into +force of the provisions of this Decree Law. +5. The persons, who satisfy the requirements set forth in article (13) of this Decree Law, +may have their names listed in the Rolls of Non- Practicing Lawyers, as long as they work +for government entities or state -owned companies. The Executive Regulations of this +Decree Law shall determine the conditions and procedures for listing and the controls +for its renewal. + + +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 13 + " +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (23) +1. Subject to the provisions of Articles (6.2) and (7) of this Decree Law, the Lawyers, whose +names are listed in the Roll of Non -Practicing Lawyers, may pract ice the professional +duties described in article (6 ) of this Decree Law, through legal departments of the +private legal persons licensed in the State. +2. Lawyers working at such departments shall have their names listed in a special register +kept with the competent department, and shall only be allowed to practice the profession after having their names listed in the Roll. The Executive Regulations of this +Decree Law shall determine the procedures, t erms and conditions for listing their names +in, and removing their names from, the said Roll. +3. Lawyers working at such departments shall only practice the legal profession for the benefit of their employers, and violating this prohibition shall be a gr ound for removing +their names from the Roll. In addition, they may only appear before the criminal courts +in respect of the civil claims relating to the legal proceedings to which their employers +are a party, as well as the legal proceedings instituted against the managers or +employees of their employers by virtue of their positions. +4. The prohibition provided for in Clause (3) of this Article shall not apply to the legal +proceedings involving them and their spouses and relatives up to the fourth degree, in respect of matters other than the judicial matters relating to their employers. + +Section Four +Removing Lawyers' Names from the Rolls +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (24) +Every Lawyer deregistered under a decision of the Committee shall have his / her name +removed from the Rolls of Lawyers. + + + + +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 14 + Part Three +Lawyers' Rights and Duties and Lawyer -Client Relationship +Chapter One +Rights of Lawyers +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (25) +While carrying out the duties of his profession, the Lawyer shall be treated with as much +respect as due for the profession. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (26) +The Lawyer shall have the full freedom to accept or reject legal representation in respect of any specif ic case based on his own choice, and may adopt the methods he / she considers +successful in accordance with the professional standards while defending the rights of his / her clients. In addition, the lawyer shall not be held liable for the contents of his / her oral +pleadings or written submissions as required for the right of defense within the scope of the law and professional ethics. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (27) +Subject to the provisions of laws regulating civil and criminal procedure, the Lawyer shall have the right to: +1. Review the cases and judicial papers and obtain any data relevant to the cases managed by him / her; +2. Attend at the court hearings and investig ation sessions with his / her client in accordance +with the laws regulating civil and criminal procedure; and +3. Visit his / her client who is imprisoned at the public prisons and to meet with his / her +client in private at a decent place within the pris on. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (28) +In no event may the Lawyer be questioned, nor may his / her office be searched for any matters in relation to the performance of his / her profession, without prior permission from +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 15 + the Public Prosecution and an order of at least the Advo cate General, in addition, the person +managing the investigation with the lawyer shall have the rank of at least a director of +prosecution. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (29) +No attachment may be imposed on the office firm of the Lawyer or the foreign firm or the assets of su ch firms that are necessary for practicing the profession. + +Chapter Two +Duties and Prohibitions of Lawyers +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (30) +1. The Lawyer shall attend in person in respect of the case assigned to him / her. +2. The Lawyer may, in writing, authorize any o ther Lawyer for appearance, pleading or +taking any other litigation procedures on his / he behalf. +3. If the client stipulates under the power of attorney that the lawyer must appear in person +in respect of the cases assigned to him / her, the Lawyer shall comply with such a +requirement and may only authorize any third party to act on his / her behalf only when +necessary. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (31) +The Executive Regulations of this Decree Law shall determine the controls for +authorizations, and disciplinary measures shall be imposed against any lawyer who authorizes any other lawyer to appear on his / her behalf in violation of such relevant +controls . + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (32) +1. Before accepting the legal representation, the Lawyer shall keep his / her client informed of any circumstance that may potentially conflict with his / her interests; otherwise, he +shall refuse such representation. +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 16 + 2. The Lawyer shall keep his / her client informed of the stages and progress of the relevant +case, shall, in a timely manner, inform his / her client of the decisions and judgments +issued in respect thereof, shall provide his / her client with the necessary advice and +consultation with regard to the case and challenging the judgment, and shall draw his / her client's attention to the dates of appealing against the judgments and decisions. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (33) +While appearing before the courts, the Lawyer shall wear the court dress specified by the +Ministry. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (34) +1. If the court appoints a lawyer to defend an accused in accordance with the provisions of +the Criminal Procedure Law, the Lawyer so appointed shall appear and defend the +accused in all trial hearings in accordance with the controls set forth in article ( 32) of this +Decree Law. +2. When adjudicating on a case in respect of which a lawyer is appointed, the court shall +determine the latter's fees, and its decision in this regard shall be conclusive . The +Executive Regulations of this Decree Law shall determine the controls for determining +the fees of Lawyers appointed to handle criminal proceedings and the payment +mechanism thereof. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (35) +1. The Lawyer appointed in accordance with article (34) of this Decree Law shall carry out +the duties assigned to him / her, and may only step down for any reasons admitted by +the court. +2. The court shall take disciplinary measures an y Lawyer who either refuses to abide by the +appointment decision without a lawful reason or excuse or fails to properly perform his / her professional duties. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (36) +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 17 + 1. The Lawyer shall submit to the court his / her duly attested power of attorne y at the first +hearing he attends on behalf of his / her client, unless the court approves the submission +of the same at the following hearing. +2. If the power of attorney is of a limited nature, it shall be kept in the case file, and if the +same is of a general nature, only its number, date, and issuing authority shall be recorded +in the transcript of the hearing and a copy thereof shall be kept in the case file. +3. If the client appears alongside the lawy er in the criminal case, the judge shall record the +same in the transcript of the hearing, and such appearance shall be valid in lieu of the +power of attorney. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (37) +1. When the legal representation is completed, the Lawyer shall return to his / her client the +power of attorney together with the original documents and paperwork belonging to the +client if requested by the latter. +2. If the Lawyer has not received his professional fees, he may obtain, at the expense of his +/ her client, photocopies of all paperwork that could be used as a ground for claiming his +/ her professional fees. +3. The obligation provided for in Clause (1 ) of this Article shall not include the delivery to +the client of the draft paperwork issued by the client in respect of the case, the letters +received by the lawyer from the client, or the documents relating to the activities +performed by the lawyer on his / her client's behalf, as long as the lawyer has not +received his / her professional fees for any such activities. +4. The client's right to request that the Lawyer deliver back to him / her the documents and +paperwork, which were initially handed over to the lawyer, shall lapse either in the event +that the client fails to pay full professional fees of the lawyer or after the passage of five +(5) years following the date of termination of their relationship, unless otherwise agreed +between them. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (38) +1. If the Lawyer wishes to step down or to have his / her legal representation for the client +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 18 + terminated, he / she shall notify his / her client or the latter's representative either by +registered post with acknowledgment due or via e -mail, as the case may be. In addition, +the lawyer shall continue to handle the case procedures for not more than one month +followi ng the date of sending the aforementioned notice, whenever the same is +necessary to defend the interests of the client or its representative, unless the client or +the court notifies the lawyer that the termination is accepted. +2. If the Lawyer steps down or requests the termination of his / her legal representation for +the client when the case is being processed, he / she shall deliver to his / her client the +power of attorney, the original documents and paperwork and fees paid upf ront, unless +otherwise agreed. +3. In all cases, the lawyer shall not be allowed to step down if the case is set for +adjudication, without the approval of the court hearing the underlying case. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (39) +1. The Lawyer may not engage in any activity that goes against the dignity or norms of the legal profession, shall perform his / her duties honorably and honestly, and shall abide +by the ethics and professional conduct of the legal profession, including, in p articular, +those provided for in this Decree Law and its Executive Regulations and the Code. +2. Upon dealing with members of the judicial authority, the Lawyer shall act in a decent +manner that observes the dignity and standing of the judicial authority, and shall avoid +anything that may preclude the adjudication on cases or disturb the rule of law. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (40) +The Lawyer shall neither accept, nor continue to perform, legal representation with respect +to a case or legal procedure before any judge or pu blic prosecution member with whom the +lawyer knowingly has any relationship by marriage or blood up the fourth degree, even if the adverse party of his / her client accepts the same. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (41) +Any person, who had occupied a public or private job and left the same, and is currently +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 19 + practicing the legal profession, shall not accept the legal representation, whether by himself +/ herself or through any lawyer acting on his / her behalf, in respect o f any case against his / +her former employer, within the year following the date of leaving his / her job, unless the merits of the underlying case are relating to anything falling under his / her responsibility or in respect of which he had performed any action with the former employer. In the latter +case, the lawyer shall never accept the legal representation whether by himself / herself or through any lawyer acting on his / her behalf. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (42) +1. The Lawyer shall be prohibited from engaging in b usiness activities. +2. The Lawyer may own and invest in financial and real estate assets. +3. Notwithstanding the provisions of Clause (1 ) of this Article, the Lawyer may engage in +the business activities specified by the Executive Regulations of this Decree Law. +4. The Lawyer may be a founder, shareholder or partner of any company in respect of +which his / her liability is limited to the capital contribution provided by him / her. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (43) +The Lawyer may not accept the legal representation in respect of any legal proceeding against any person or entity that had previously consulted him / her and allowed him / her +to get access to its documents and aspects of defense. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (44) +The Lawye r shall refrain from giving statements about the facts or information that comes to +his / her knowledge ex officio , unless the owner of such information accepts the same. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (45) +1. The Lawyer shall be prohibited from: +a. Disclosing any secret ent rusted to him / her, whether orally, in writing or via e -mail, +means of modern technology or any other means of communication, or which comes +to his / her knowledge ex officio , unless the disclosure of the same would prevent the +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 20 + commission of an offense af fecting a person's life or safety or would cause serious +damage to a person's property, or unless the disclosure of the same is an obligatory +duty under the laws in force in the State; +b. Revealing the personal matters that offend or spoil the reputation, honor or dignity of +the adverse parties, attorneys or witnesses, unless the same is necessary to defend the +interests of his / her client; +c. Disclosing any information about the cases assigned to him / her or any secret +entrusted to him / her; +d. Abusing the right to litigation, including prolongation of the proceedings; +e. Deceiving or misleading his / her client in any way; +f. Providing any assistance, even in the form of advice, to his / her client's adverse party in respect of the same dispute in quest ion or any dispute thereto related, even after +the legal representation for such a client ends; +g. Accepting the legal representation in respect of any legal proceeding that had already been handled by him / her or which falls within the scope of his / her area of +competence for the jobs covered by the provisions of article (14) hereof; or +h. Promoting, or attempting to promote, himself / herself in any manner that goes +against the ethics of the profession, by any means of promotion or enticement by +interme diaries. The Executive Regulations of this Decree Law shall determine the +controls and means of promotion. +2. Whoever violates the provisions of Clause (1) of this Article shall be subject to the +disciplinary measures, without prejudice to any other penalties set forth in this Decree +Law and the laws in force in the State. + +Chapter Three +Legal fees +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (46) +1. The Lawyer shall have the right to receive legal fees for the professional activities he/she +performs within the limits of his / her power of attorney, and may recover the expenses +he/she incurs as required for handling the cases or duties assigned to him / her. +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 21 + 2. The retainer agreement shall be executed in writing by any means prior to the +performance of the agreed upon work, and the legal fee shall become due according to +such an agreement. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (47) +The following aspects shall be taken into accou nt upon determining the effort and +estimating the legal fees due: +1. The type and nature of the work assigned to the Lawyer, the estimated effort and the +skills required to perform the same; +2. The expected time required by the lawyer to com plete the work; +3. The importance of the case or the interests involved in the dispute; +4. The lawyer's experience, standing, seniority, degree of registration, and the reputation and prestige of his / her law firm; and +5. Expenses of the lawyer's fi rm for gathering the information, and other costs and +encumbrances. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (48) +Legal fees may be agreed upon in advance depending on the type, nature or circumstances +of the work assigned to the Lawyer, or according to the hourly rate system adopted by the +firm for the handling and completion of the underlying work. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (49) +1. The retainer agreement shall set out the details of the work assigned to the Lawyer, as +well as its requirements in accordance with the law, customary practice and the nature +of such work; +2. The retainer agreement may be relating to a legal proceeding, the execution or review of +a contract or agreement, the giving of a legal opinion or advice, a stage of the legal +proceeding such as appealing a judgment by any means of appeal or the initiation of +enforcement procedures, or just a specific procedural action in respect of any existing +legal proceeding, and the legal fees shall become due according to the agreement. +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 22 + 3. In the absence of a retainer agreement, the legal fees shall become due as follows: +a. If the work assigned to the lawyer is relating to a particular legal proceeding or any +phase thereof, such as appealing the judgment by any means of appeal, the lawyer +shall, as a prerequisite to be entitled to the legal fees, handle the procedures on behalf of his / her client in respect of such a legal proceeding until both a judgment is +rendered on the merits thereof at the litigation instance for which the lawyer is +appointed, and such a judgment is served upon the adverse party; +b. If the work assigned to the lawyer is relating to enforcement procedures of a legal proceeding, the lawyer shall, as a prerequisite to be entitled to the legal fees, handle the enforcement procedures on behalf of his / her client until a final judgment is +rendered by the court or where the enforcement procedures could not b e completed +due to any reasons beyond the reasonable will of the lawyer, and after exhausting all +legal procedures of enforcement; or +c. If the work assigned to the lawyer is relating to a specific procedural task in respect of +a pending legal proceeding o r a specific procedure in respect of any enforcement +matter, the lawyer shall, as a prerequisite to be entitled to the legal fees, complete the work assigned to him / her. +4. If the lawyer -client agreement provides that the legal fees shall be a percentage of the +court -awarded amount, such a percentage shall not exceed (25% ) of the value of the +court -awarded amount, and the Executive Regulations hereof shall determine the +conditions governing the lawyer's eligibility to receive such fees. In which case, no fees +shall be due to the lawyer if the latter loses the underlying legal proceeding. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (50) +If the lawyer is hired by several clients, each client shall be liable for his / her share in the legal fees, with the exception of cases where each client undertakes to pay full fees to the +lawyer if either the subject of the work is indivisible or they agree under the retainer +agreement to jointly pay the legal fees. Any client who pays off the debt in either case sh all +claim from the remaining clients the payment of their respective shares. + +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 23 + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (51) +If there are several lawyers handling a single case and are belonging to different law firms, +each lawyer of them shall be entitled to receive his / her fees accor ding to the retainer +agreement. In which case, the resignation or stepping down of any lawyer of them shall not affect the legal representation of the other lawyers, unless the power of attorney stipulates +that all lawyers must jointly handle the same case . + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (52) +1. The lawyer shall receive his / her fees according to the retainer agreement with the +client. In addition, the Court that hears the case shall have the exclusive jurisdiction to +reduce, at the client's request, the agreed fees of the lawyer, if the court is convinced that +such fees are overestimated compared to the effort of the case and the benefit generated +by the client. Moreover, the Court may increase the value of the agreed fees at the +request of the lawyer if the latter makes eff ort and dedicates time for the underlying case +in excess of the effort and time initially estimated as being required from the lawyer under the agreement and according to the consideration set forth in article (47) of this +Decree Law. +2. The legal fees may neither be reduced nor increased if their value is agreed upon after the agreed work is completed. +3. In the absence of a retainer agreement, or of the retainer agreement is null and void, the +Court that hears the case shall, where the re is a matter of disagreement, determine the +fees due to the lawyer in the light of the effort made by the lawyer and the benefit +generated by the client. +4. In all cases, the fees estimate application set forth in Clauses (1 ) and (3) of this Article +shall be submitted to the Court under a petition that is subject to the procedures and +controls of the writs on petitions referred to in the Civil Procedure Law and its Executive +Regulations, and shall be served upon the adverse party. +5. The lawyer ad client shall each have the right to file a grievance against the fees estimate writ within fifteen (15) days following the date of being notified of the underlying writ, +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 24 + by requiring its adverse party to appear before the court issuing the writ. Such a +grievance shall be heard on an urgent basis. +6. If the legal fees that are a matter of disagreement belong to any work that has nothing to do with the legal proceeding heard by the court, the lawyer and client may each institute a case for estimating and claim ing the legal fees according to the standard rules for +instituting the case. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (53) +1. The lawyer's right to claim his / her legal fees shall lapse upon the passage of three (3 ) +years following the termination date of the legal representation, the completion date of +the underlying work or the date of removal of the lawyer, in the absence of any lawful +excuse, whether the agreement is of an oral or written nature. +2. Where there are several tasks assigned to the lawyer, the prescriptive period set out in +the foregoing clause shall apply to every task thereof on a case -by-case basis. +Notwithstanding this stipulation, the prescriptive period shall only apply after the last of +such tasks is completed, in the event that the underlying tasks are inseparably +interconnected, or if it explicitly agreed that the fees shall only become due after all tasks are completed. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (54) +1. If the case assigned to the lawyer is finalized by amicable settlement as authorized by the +client, the lawyer shall be entitled to full legal fees unless otherwise agreed with the +client. +2. If the case covered by the agreement gives rise to legal proceedings and activities that +have not been taken into consideration upon executing the agreement, the lawyer may claim legal fees for the same. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (55) +The lawyer may not assign all or any part of the rights in dispute. + +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 25 + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (56) +The lawyers' legal fees and relevant expenses shall have a lien that is ranked directly next to +the government's rights over the client's gains resulting from the lawyer's effort or from the +judgment o n the legal proceeding in question. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (57) +1. If the client removes the lawyer without a lawful reason after the lawyer has initiated the +task assigned to him / her, the client shall be required to pay the full legal fees agreed +upon, as if the lawyer has properly completed the whole work in favor of his / her client. +2. If the lawyer is removed before initiating the task assigned to him / her, the lawyer shall be entitled to fees for the effort made by him / her in preparation for initiating th e +underlying task, but not exceeding (25% ) of the agreed- upon fees. +3. In the absence of a retainer agreement, a case shall be instituted for estimating and claiming the same according to the standard procedures of instituting the case. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (58) +1. If the client passes away and the heirs decide that the lawyer would not continue to act as their lawyer, the latter shall be entitled to legal fees for the effort made by him / her, +taking into consideration the provisions of the retainer agreement bet ween the lawyer +and the deceased client, if any. +2. In the absence of a retainer agreement between the lawyer and the deceased client, the lawyer may institute a case for estimating and claiming the legal fees according to the +standard procedures of inst ituting the case. + +Part Four +Paralegals +Chapter One +Legal Researchers and Consultants +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 26 + " +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (59) +1. The work of the legal researcher and consultant shall be restricted to providing the legal +services – not including the pleadings and legal representation before the courts and +judicial committees – through the firm at which the same works. The paperwork of the +legal researcher and consultant shall be issued on the law firm's letterhead and signed by +a lawyer whose name is listed in the Roll of Practicing Lawyers of the same firm. +2. The legal researcher and consultant shall be prohibited from instituting or following up +on the legal proceedings before the public prosecution or the courts of the State of all +instances by any means whatsoever, or representing third parties before the rental +dispute resolution committees or tax dispute committees or any committee of a judicial +mandate. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (60) +1. The competent department shall keep a register for recording the names of legal +researchers and consultants therein. +2. The legal researchers and consultants shall only perform their job duties after both having their names listed in the register and pay ment of the prescribed fees. +3. The Executive Regulations of this Decree Law shall set out the conditions, controls and +procedures of listing and renewal of listing of the names in, and transfer and removal of +the names from, the said register. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (61) +1. Upon performing their duties, the legal researcher and consultant shall abide by the principles of honor, honesty and integrity, shall safeguard the values of the profession, +and shall respect its norms and ethics, relevant laws and decisions in the State, and the +Code. +2. Upon performing the legal services, the legal researcher and consultant shall be prohibited from: +a. Signing the statements of claim and submissions to be filed with the courts of all instances; +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 27 + b. Signing retainer agreements with the clients, whether in his / her own name or in +his / her capacity as a representative of the law firm; +c. Providing legal consultations for his / her own benefit or for the benefit of any entity other than the law firm at which he / she is working; +d. Claiming from the client an in -kind share of any right in dispute; +e. Performing any work requested by the client if the same is involving violation of +the applicable legislation in the State or of the ethics and norms of the profession; +or +f. Managing or co -managing the law firm on behalf of the firm's owner in any way +whatsoever, except for the circumstances set out in the Executive Regulations of +this Decree Law. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (62) +The Competent Department may, at any point of time, verify the compliance by the legal +researcher and consultant with the duties and obligations set forth in this Decree Law and its +Executive Regulations and the relevant decisions. It may also request that any documents or +paperwork be provided by the affiliated firms or conduct any investigation to verify the +same, after notifying the lawyer owing the firm. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (63) +The practicing legal consultant, who encounters any compelling circumstance that would +preclude him / her from the practicing the profession, may submit an application to the +Department in order to have his / her name moved to the Register of Non -Practicing Legal +Consultants within thirty (30) days according to the controls set out in the Executive +Regulations of this Decree Law. Once the compelling circumstance ceases to exist, the legal +consultant concerned may submit an application to have his / her name moved back to the Register of Practicing Legal Consultants. + + + +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 28 + Chapter Two +Representatives +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (64) +1. The Competent Department shall keep a register that contains the names of +representatives working at the law firms, in order to accept their dealings with the +federal judicial authorities and competent bodies. +2. The representative shall only perform his / her job duties at the law firm only after his / her name is listed in the said register. +3. The Executive Regulations of this Decree Law shall set out the conditions, controls and +procedures for listing the representatives' names in the said register and removing such +names from the same. +4. The Competent Department may, at any point of time, verify the compliance by the representatives with the duties and obligations set forth in this Decree Law and its Executive Regulations, and may request that any documents or paperwork be provided +by the law firms and their representatives, or conduct any investigation to verify the +same such compliance. +5. The representative or the lawyer owning the law firm at which the representative works, +as the case may be, file a grievance against the decisions issued by the Competent +Department according to the procedures set out in the Executive Regulations of this Decree Law. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (65) +The period of listing the representative's name in the Register shall be three (3 ) years +renewable for further similar periods against the prescribed fees, and the Executive +Regulations shall determine the requirements to be satis fied for the listing, and renewal of +listing, of the representatives' names in the said register. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (66) +Upon performing his / her job duties, the representative shall abide by the principles of +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 29 + honor, honesty and integrity, shall safeguard the values of the profession, and shall respect +its norms and ethics, and relevant laws and decisions in force in the State. In particular, the +representative shall: +1. Ensure that his / her work is performed in favor of the employer firm, and not in favor of +his / her personal interest or the interest of any third party; and +2. Respect the judges and their assistants. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (67) +The representative shall be prohibited from: +1. Pleading before the courts or public prosecution, or drawing up or signing any +submissions or statements of claim; +2. Delivering the representation deeds to the lawyers within the courtrooms; +3. Disclosing the secrets that come to his / her knowledge e x officio , unless such +disclosure would preclude the commission of a crime; +4. Promoting the law firm at the buildings of courts and public prosecutions or at any other competent administrative authority; +5. Com municating with the court judges or members of the public prosecution, unless such +communication is based on their request; and +6. Dealing with any entity in his / her capacity as a representative once the registration +period recorded in the card deliver ed to him / her from the competent department +expires, unless the same is renewed according to the procedures and periods described +in the Executive Regulations of this Decree Law. + +Part Five +Regulation of Law and Legal Consultation Firms and Companies +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (68) +The lawyer shall practice the legal profession singlehandedly through his / her own law firm, in association with other lawyers whose names are listed in the Roll of Practicing Lawyers, in +partnership with an international law firm under the umb rella of a professional law +company, through a branch of a foreign law firm duly licensed in the State, or based on an +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 30 + employment contract with a law firm or company that is licensed under this Decree Law. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (69) +1. National citizens, who are listed in the registers of legal consultants kept with the +Ministry, may be licensed to practice the legal consultation profession that is relating to +the provision of non -judicial legal services, including, but not limited to, g iving the legal +opinion, advice and consultation, drafting and drawing up the contracts and documents and relevant legal procedures, and other profession -related services that do not require +appearance with the litigants or representing them before the jud icial or +judicial- assigning entities. +2. The legal consultant shall practice the profession singlehandedly through his / her own firm, in association with other legal consultants whose names are listed in the registers +of legal consultants with the Minis try under the umbrella of a professional legal +consultation company, through a branch of a foreign legal consultation firm duly +licensed in the State, or based on an employment contract with a legal consultation firm +or company that is licensed under this Decree Law. +3. The owner or partners of the legal consultation firm shall not receive a license for +establishing a law firm. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (70) +The law firm or legal consultation firm may be a branch of a foreign firm. As a prerequisite +for approving the lic ensing of the foreign firm's branch, the following requirements shall be +satisfied: +1. The parent foreign firm must have an outstanding international reputation in the legal field; +2. The parent foreign firm must have been operating for at least fifteen (15) years in the +country of origin, and must have branches or subsidiaries in at least three (3) different +countries; +3. The foreign firm's branch required to be licensed must have a manager in charge of the +branch's activities in the State. Such a manager must have at least ten (10) years of +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 31 + experience in the legal field, and must have his / her name listed in the Roll of L egal +Consultants with the Ministry; +4. The parent foreign firm and its branches must have at least twenty -five (25) partners, +and shall nominate at least two partners to represent it in the State; +5. Appointing national lawyers and legal consultants ac cording to the quota to be +determined under a resolution of the Cabinet; +6. Developing and qualifying the national personnel operating at the firm, and transferring +the expertise and legal knowledge to them; +7. Providing training to national lawyers wh ose names are listed in the Roll of Trainee +lawyers; and +8. Satisfying any other requirements set out in the Executive Regulations of this Decree Law. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (71) +Every lawyer or legal consultant shall have an appr opriate firm for practicing the +professional services according to the controls set out in the Executive Regulations of this +Decree Law. In addition, the lawyer or legal consultant, as the case may be, shall keep the +Ministry notified within fifteen (15) days of the date of issue of the firm's license, of the +address of his / her firm and every change to it. Such a firm shall be deemed legally valid for +the legal and judicial notices and communications according to this Decree Law. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (72) +Any profes sional license for the firm may only be issued by the local economic departments +or the competent authorities in the free zones of the State or the legal consultant whose +name is listed in the Roll of Practicing Legal Consultants kept with the Ministry bas ed on +prior approval of the Ministry. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (73) +The lawyer or legal consultant shall not be allowed to have more than one firm in a single city. If the lawyer or legal consultant has more than one firm in any emirate of the State, each +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 32 + firm shall have at least one lawyer or legal consultant whose name is listed in the Roll of +Practicing Lawyers or Legal Consultants. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (74) +The Competent Department shall keep a register of licensed firms in every emirate and free +zone, containing details of the firm's legal form and the areas of work performed thereby, +details of the license and its renewal, as well as the details of the part ners and managers of +such firms and any changes thereto. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (75) +1. The law firms and legal consultation firms shall have any of the following legal forms: +a. Sole proprietorship; +b. Professional company; or +c. Brach of a foreign firm. +2. The Executive Regulations of this Decree Law shall set out the controls, conditions and +procedures of licensing, suspending, delicensing and liquidating the law firms and legal +consultation firms that have the legal form of a sole proprietorship or a branc h of a +foreign firm. +3. The cabinet shall, based upon the Minister's proposal, issue the regulations of professional law companies and legal consultation companies. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (76) +1. The committee may, based on a a well- grounded application to be submitted thereto by +the law firm or legal consultation firm, give permission to the firm to cease to provide the legal services for a specific period of time, provided that the firm furnishes an +undertaking confirming the absence of any obligations on the part of the firm as a result +of providing the legal services, and that there would be no harm to the clients' interests. +2. The committee may revoke the license of the firm, provided that the firm furnishes +an undertaking confirming the absence of any obligations on the part of the firm as a result +of providing the legal services, and that there would be no harm to the clients' interests. +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 33 + " +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (77) +The license of the law firm or legal consultation firm shall either be temporarily suspended +by the Committee for a period not exceeding one year or be revoked by a decision of the +committee under any of the following circumstances: +1. If the law firm or legal consultatio n firm fails to have its license renewed for a period +exceeding ninety (90) days without a lawful excuse admitted by the Committee. +2. If the license granted to the firm is revoked by the licensing authority; +3. If a judicial order is issued suspending or revoking the license issued by the committee or +licensing authority; +4. Liquidation of the firm; +5. If the firm merges with any o ther firm that practices the profession according to the +procedures and conditions set out in the Executive Regulations of this Decree Law; or +6. If the firm no longer satisfies, or fails to comply with, any licensing requirements, or +violates the legislation in force in the State or any of the provisions set out in the +Executive Regulations of this Decree Law. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (78) +Every stakeholder may file a written grievance with the Ministry against any of the decisions issued against himself / herself purs uant to the provisions hereof, within thirty (30) days +following the date of issue of the underlying decisions. Such a grievance shall be heard and +decided on by the committee whose decision shall be conclusive. + +Part Six +Supervision of the Law and Legal Consultation Profession +Chapter One +Lawyers and Legal Consultants Affairs Committee +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (79) +A committee, to be known as the ""Lawyers and Legal Consultants Affairs Committee"" shall be formed based on a resolution of the Minister, as follows: +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 34 + The Undersecretary Chairman +A judge of the Federal Supreme Court Member +A judge of the Court of Appeal Member +A public prosecution member the rank of +at least Advocate General Member +The assistant undersecretary Member +Three practicing lawyers Members +A legal expert Member +Director of the Competent Department Member and Rapporteur + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (80) +1. The Committee shall exercise the following functions: +a. Decide on the applications for listing, renewal of listing, suspension, transfer and +removal, of the names in / from the roll of lawyers and registers of legal +consultants; +b. Moving the names from any roll to another roll of the lawyers and legal +consultants; +c. Giving opinion on the counterpart work of the lawyers; +d. Giving temporary permission to the lawyers of other State to conduct pleadings +in particular legal proceedings ; +e. Receiving and investigating the complaints and grievances according to the +provisions of this Decree Law; and +f. Forming subcommittees among the members of the committee and assigning +thereto certain duties of the committee. +2. The Executive Regulat ions of this Decree Law shall set out the committee's terms of +reference and the conditions for granting the temporary permission to the lawyers of +other States to conduct pleadings before the courts of the State. + + +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 35 + Chapter Two +The Ministry's Competent Department +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (81) +The Competent Department may verify the compliance by the lawyers, legal consultants and +law firms with the duties and obligations set forth in this Decree Law and its Executive +Regulations and the relevant ministerial resolutions. It may also request that any documents +or paperwork be provided by the lawyers or law firms and shall take the appropriate +measures to verify the same, as determined by the Executive Regulations of this Decree Law, and shall submit a report to the committee on any violations committed by the lawyers and +legal consultants. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (82) +1. The applications fo r listing, and renewal of listing, in the rolls of lawyers shall be +submitted to the Competent Department on the relevant forms, accompanied by the supporting documents of the application. +2. The committee may demand any further clarifications or information if deemed +necessary. + +Part Seven +Judicial Assistance +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (83) +The public prosecution or the competent court, as the case may be, shall appoint a lawyer to +represent the party who is relieved of the judicial fees due to its insolvency or as a mean s of +providing judicial assistance to the parties that are unable to handle the legal proceedings that are required by this Decree Law to be handled by a lawyer. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (84) +If several lawyers refuse legal representation in respect of the legal proceedings that are required by this Decree Law to be handled by a lawyer, the competent court shall, based on +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 36 + the interested person's request, appoint a lawyer for such purpose. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (85) +If the lawyer passes away, is suspended, his / her name is removed fr om the roll, his / her +freedom is restricted, or becomes unable to conduct the legal representation, the court may, +at the request of his / her client, appoint a lawyer, belonging to at least the same registration +rank, to temporarily replace him / her unt il the client hires any substitute lawyer, unless the +lawyer or his / her heirs nominate any substitute lawyer whose task would be to take the +necessary actions for safeguarding their interests. + +Part Nine +Disciplinary and Penal Liability +Chapter One +Disciplinary Liability +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (86) +Any lawyer or legal consultant, who violates the duties of his / her profession, breaches any professional obligations, commits any of the prohibited acts set forth in this Decree Law or +its Executive Regulations or the decisions to be issued in implementation hereof or the Code, +or acts in any inappropriate way that spoils the prestige of the profession, shall be subject to +any of the following disciplinary penalties: +1. Warning; +2. Administrative fine of not less th an AED (5,000) five thousand dirhams, and not +exceeding AED (30,000) thirty thousand dirhams; +3. Suspension from practicing the profession for not more than two years; or +4. Irrevocably removing his / her name from the Roll or Register. +The Executive Regulations of this Decree Law shall set out the effects of the suspension and +removal of the lawyer's / legal consultant's name from the Roll. + + +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 37 + " +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (87) +1. The Committee may either of the penalties set forth in Articles (86.1) and (86.2) of this +Decree Law, if it becomes convinced, in light of the evidence to be furnished by the party +concerned, that the underlying violation is insignificant. +2. The lawyer and legal consultant may each file a grievance with the Minister against the +committee's decision of conviction, within fifteen (15) days of the date of receiving the +notice of the decision. +3. The Disciplinary Board may impose any of the penalties set forth in article (86) of this +Decree Law. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (88) +1. The complaint against the lawyer or legal consultant shall be filed with the committee +against the prescribed fee, and the complainant may file a grievance against the +committee's decision to dismiss the complaint with the Minister within fifteen (15) days +of the date of being notified of the underlying decision. +2. If an insignificant violation is committed by the lawyer or legal consultant more than +once, or if the violation is of a significant effect, the matter shall be escalated to the Public Prosecu tion. +3. Referral of the complaint to the Disciplinary Board shall be conducted based on an order of the Public Prosecution after an investigation to be conducted by the Public Prosecution, and the latter may order that the complaint be dismissed. In all cases, the +committee shall be notified of the Public Prosecution's decision. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (89) +The lawyer's or legal consultant's resignation shall not be deemed a ground precluding the imposition of disciplinary measures against them, for any wrongful acts committed in the +course of practicing the profession, within the three years following their resignation date. + + + +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 38 + " +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (90) +Disciplinary Board +The disciplinary board shall be formed based on a resolution of the Minister, under the +chairmanship of a chief judge of the Courts of Appeal, and shall have two members from the +Courts of Appeal. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (91) +1. The lawyer or legal consultant, as the case may be, shall be notified to appear before the +competent disciplinary board by personal delivery, via email, or by any means of modern +communication, at least fifteen (15 ) days prior to the sched uled hearing date. If the +lawyer or legal consultant concerned fails to appear, the board may proceed with the trial in absentia. +2. The lawyer or legal consultant, as the case may be, may appoint a lawyer to defend him / her before the disciplinary boar d, and the latter may order that the lawyer or legal +consultant appear in person, if necessary. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (92) +The disciplinary board may, either sua sponte or based on the request of the Public +Prosecution or the Lawyer or Legal Consultant - as the case may be – who is referred to the +disciplinary board, summon any witnesses whose statement is deemed important. If any +witness fails to appear without any acceptable justification, or if any witnes s appears but +willfully fails to give his / her statement, the board may impose on him / her a fine of not less than AED (1,000) one thousand dirhams, and not exceeding AED (3,000) three thousand +dirhams. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (93) +Hearings of the disciplinary board shall be held behind closed doors, and the decisions shall +be issued after hearing the claims of the Public Prosecution and the defense of the Lawyer or +Legal Consultant - as the case may be – who is referred to the disci plinary board, or his / her +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 39 + legal representative. The board's decision shall be substantiated. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (94) +The disciplinary decisions shall be served by the legal means of service, and the delivery of +the decision's photocopy to the Lawyer or Legal Cons ultant - as the case may be – shall be +deemed an actual service of the underlying decision. Disciplinary decisions shall not be +challenged by way of opposition. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (95) +1. The Public Prosecution and the lawyer or legal consultant – as the case may be – who is +found guilty, may appeal against the disciplinary board's decision before the Federal Supreme Court, within fifteen (15) days following the date of issue of the underlying +decision with regard to the public prosecution, and within fifteen (15) days following the +date of serving the decision upon, or delivering a copy of the decision to, the lawyer +concerned. Such appeal shall be based on a statement of appeal to be filed with the +Federal Supreme Court. +2. The appeal shall be heard by the crim inal cassation chamber behind closed doors, in +accordance with the rules set out in the Criminal Procedure Law referred to hereinabove. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (96) +1. The lawyer or legal consultant – as the case may be – against whom a final judgment is +rendered by the competent court or a decision is issued by the disciplinary board removing his / her name from the Roll or Register, may, after the passage of at least three +(3) years, submit an application to the Committe e to have his / her name re -listed in the +Roll or Register. The committee may admit such application and decide that the name be +re-listed, unless the lawyer or legal consultant – as the case may be – is convicted on the +grounds of a crime involving moral turpitude or breach of trust, even if rehabilitated. +2. If the committee decides that the application be rejected, the application may only be +re-submitted after one year following the rejection date. +3. In all cases, the decision shall be substantiated. +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 40 + Chapter Two +Criminal Liability and Penalties +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (97) +Whoever assaults a lawyer by hand or by threatening, insulting or defamatory speech in the +course of performing his / her professional duties, shall be penalized with imprisonment +sentence for a term of not less than one year and / or a fine of not less than AED (50,000) +fifty thousand dirhams, and not exceeding AED (300,000) three hundred thousand dirhams. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (98) +Whoever, with intent to prac tice the profession without a license, leases a law firm's +premises although his / her name is not listed in the Roll of Practicing Lawyers, shall be +penalized with imprisonment sentence for a term of not less than three (3) months and / or +a fine of not less than AED (30,000) thirty thousand dirhams, and not exceeding AED +(100,000) three hundred thousand dirhams. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (99) +Any lawyer, who knowingly leases out his / her law firm to a third party or enters into +partnership with somebody whose name is not listed in the Roll of Practicing Lawyers, shall +be penalized with a fine of not less than AED (50,000) fifty thousand dirhams, and not +exceeding AED (300,000 ) three hundred thousand dirhams. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (100) +Imprisonment senten ce for a term of not less than three ( 3) months and / or a fine of not less +than AED (30,000 ) thirty thousand dirhams, and not exceeding AED (100,000) one hundred +thousand dinars, shall be imposed on: +1. Whoever impersonates a lawyer or practices the pro fession without having the +professional license according to the provisions hereof; and +2. Whoever practices the profession after his / her name is removed from the Roll of +Lawyers. +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 41 + " +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (101) +A fine penalty of not less than AED (20,000) twenty thousa nd dirhams, and not exceeding +AED (200,000) two hundred thousand dirhams, shall be imposed on any person who +attempts, in consideration of a commission, to entice clients in favor of any lawyer. +Imprisonment sentence for a term of not less than one year shall be imposed in the event of +recidivism. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (102) +Imprisonment sentence for a term not exceeding six (6 ) months and / or a fine of not less +than AED (20,000) twenty thousand dirhams and not exceeding AED (100,000) one +hundred thousand dirhams, shall be imposed on any lawyer who accepts the legal +representation, or performs, or continues to perform, any of the professional duties set forth +in article (6.1) hereof despite being aware of the occurrence of conflict of interest, and +without keeping the client informed of the same. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (103) +The imposition of the penalties set forth in this Decree Law shall not prejudice any more +severe penalties provided for in any other law. + +Part Ten +Final Provisions +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (104) +The Cabinet shall issue a resolution sett ing out the prescribed fees according to the +provisions of this Decree Law and its Executive Regulations. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (105) +The Cabinet shall, based upon the Minister's proposal, issue a resolution setting out the criteria and requirements for classifying an d evaluating the performance of the law firms, +lawyer and legal consultants, and designating the entity in charge of the implementation of +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 42 + such criteria and requirements, in order to ensure the achievement of international best +practices, while ensuring th e confidently required in this respect. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (106) +The Cabinet shall, based upon the Minister's proposal, issue a resolution approving the Code of the Legal Profession and Legal Consultation Profession. Any violation of the provisions of +such a Code s hall give rise to the disciplinary penalties set forth in article ( 86) of this Decree +Law. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (107) +The Cabinet shall, based upon the Minister's proposal, issue the Executive Regulations of this Decree Law. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (108) +Employees of the Competent Department, whose names are listed in a resolution to be +issued by the Minister, shall have the capacity of judicial officers with regard to the crimes +committed in violation of the provisions of this Decree Law and its Executive Regulations +and the decis ions issued in implementation hereof, within the area of competence of each of +them. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (109) +The Cabinet may, based upon the Minister's proposal, issue the regulations of administrative penalties for the acts committed in violation of the provisions of this Decree Law and its +Executive Regulations. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (110) +The Minister shall issue the decisions required for implementing the provisions of this Decree Law and its Executive Regulations. + +Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 43 + " +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (111) +1. Federal Law No. (23) of 1991 Regulating the Legal profession, as amended, shall hereby +be repealed. +2. Any violation that goes against or conflicts with the provisions hereof shall hereby be +repealed. +3. The Executive Regulations and decisions in force upon the promulgation of this Decree +Law shall continue in full force and effect, insofar as they do not go against the provisions hereof, until the Executive Regulations and implementing decisions of this +Decree Law are issued. + +" +"labour, residency and leberal professions",Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession,"Article (112) +This Decree Law shall be published in the Official Gazette, and shall enter into force on +January 2, 2023. + + + + +Mohamed Bin Zayed Al Nahyan +President of the U nited Arab Emirates + + +Issued by us at the Presidential Palace, Abu Dhabi : +Date: 7 Rabi' I, 1444 AH +Corresponding to: 3 October, 2022 AD + + " +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (1) +The following words and expressions shall bear the meanings assigned thereto respectively, +unless the context indicated otherwise: + The State: The United Arab Emirates +The Ministry: The Ministry of Justice +The Minister: The Minister of Justice +Chief Justice of the +Competent Court: The presiding judge of the competent court of first instance +The Competent +Department: The Ministry's organiz ational unit in charge of notary affairs. +Department +Director: The Competent Department's director +The Committee: The Private Notary Admission Committee. +Notary: The natural person who performs the functions described in this +Federal Decree - Law Regulating the Notary Profession 3 + Decree Law, including both the Public Notary and Private Notary. +Public Notary: An employee of the Competent Department who is designated to +perform the notarial services according to the pr ovisions of this Decree +Law. +Private Notary: A natural person whose name is listed in the Competent Department's +roster, and is duly authorized to perform the notarial services, +according to the provisions of this Decree Law and its Executive +Regulations . +Register: A paper or electronic record in which the transactions managed by the +Notary are documented. +Instrument: Every document, contract, notice or deed that is executed or notarized +by the Notary, or which is served upon the persons concerned, +according to the provisions of this Decree Law or any other applicable +legislation. +Execution: The creation or drawing up and notarization of the underlying +instrument directly by the Notary at the request of the persons +concerned. +Notarization: The Notary's attestation of the underlying instrument and recording the +same in the register, according to the provisions of this Decree Law and +its Executive Regulations. +Person +Concerned: Anybody who requests that the Notary carry out any transaction +according to the provisions of this Decree Law and its Executive +Federal Decree - Law Regulating the Notary Profession 4 + Regulations. +The Minutes: A document that contains summarized d escription of the procedures +carried out by the Notary on the underlying instrument, depending on +the nature of every instrument, according to the provisions of this +Decree Law and its Executive Regulations. +Interpreter: A natural person whose name is li sted in the Ministry's interpreter +roster, or upon whom the Notary administers a legal oath to perform +interpretation services in relation to a particular transaction or a set of +specific transactions. +IT Means: Any electronic tool used for carrying out logical and arithmetic +calculations, or for storing, sending and receiving the data. +E-Document: An electronic record, email message or data statement that is created, +stored, extracted, copied, sent, communicated or received through any +IT means on an automated electronic medium, and is understandably +retrievable. +E-Signature: A signature made up of characters, figures, symbols, voice, fingerprint +or a processing system in an electronic form, and is reasonably attached +with or connected to an e -docume nt, and which confirms the identity +of the signer and the latter's acceptance of the content of the data +involved therein. +E-Information +System: A set of information programs and IT means that are used for the +creation, processing, management, storage an d exchange of +e-information and the like. +Federal Decree - Law Regulating the Notary Profession 5 + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (2) Scope of Application +The provisions of this Decree Law shall apply to all persons performing notarial duties in the +State, including the free zones, with the exception of the local judicial authorities whose +notarial services are governed by local legislation. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (3) Performing Notarial Duties +The notarial duties shall be exclusively performed by the following persons: +1. Public Notaries; +2. Private Notaries; and +3. Authorized consuls of the State. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (4) Functions of the Notary +The Notary shall perform the following functions: +1. Notarize the documents and contracts required to be notarized by the law or persons +concerned, according to the provisions of this Decree Law and its Executive +Regulations; +2. Administer the oath accordi ng to the provisions of this Decree Law and its Executive +Regulations; +3. Notarize the signatures of persons concerned; +4. Execute and notarize the affidavits; +5. Establish the date of private instruments as described in this Decree Law and its +Executive R egulations; +6. Notarize the wills of Non -Muslims; +Federal Decree - Law Regulating the Notary Profession 6 + 7. Execute and notarize the notices, communications and objections at the request of +the persons concerned according to the provisions of this Decree Law; +8. Communicate with the relevant bodies for conducting the necessary verification +when the execution or notarization referred to in [7] of this article cannot be made; +9. Affix the executive formula on the instruments according to the provisions of this +Decre e Law; and +10. Perform any other functions assigned to him according to the provisions of this +Decree Law or any other applicable legislation. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (5) Language of Instruments +The instrument executed by the Notary shall be in Arabic, and may, however, be executed in +any foreign language, according to the circumstances and subject to conditions to be +described in a resolution of the Minister. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (6) Execution and Notarization of Instruments +The Notary shall execute, notarize and keep the original s of the documents and instruments +required to be notarized by the law or persons concerned, shall deliver the copies required +by the persons concerned, and shall record the same in the register as described in the +executive regulations of this Decree Law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (7) Verification of Identity and Capacity of Persons Concerned +Before carrying out any transaction, the Notary shall take the following actions: +1. Verify the identity of the p ersons concerned, by reviewing the ID card, passport or +any other official document issued by the State; +Federal Decree - Law Regulating the Notary Profession 7 + 2. Verify the capacity, eligibility of the persons concerned and their acceptance of the +contents of the underlying transaction; and +3. Read out the co ntent of the underlying transaction and reveal the effects thereof, if +the same is executed or notarized by the Notary. In this respect, the Notary shall +record in the Minutes that the content of the underlying instrument has been read +out in the presence of the persons concerned, and that the latter have been +acquainted with, and accepted, such contents. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (8) Transactions of Persons with Special Needs +1. If any person concerned is uneducated, the Notary shall have his / her thumbprint +affixed to the instrument, and shall record the same in the Minutes. +2. If any person concerned is afflicted with a disability that precludes the affixation of his / +her signature or thumbprint, such a person shall designate any other person, whose +identi ty shall be verified by the Notary based on his / her ID document, passport or the +equivalent, to sign on behalf of the disabled person at the conclusion of the instrument, +and the same shall be recorded in the Minutes. +3. If the Notary is unfamiliar with the language of the persons concerned, he shall engage +an interpreter - whose name is listed in the Ministry's Interpreter Roster – to interpret +the matters required by the Notary in the presence of the persons concerned. Failing +which, the concerned perso ns shall be required to engage an interpreter upon whom the +Notary shall administer the oath. Such an interpreter shall sign at the conclusion of the +Instrument, and the same shall be recorded in the Minutes. +4. If any person concerned is afflicted with a disability that precludes his / her expression of +his / her will in an ordinary manner, the Notary shall either engage any specialized +Federal Decree - Law Regulating the Notary Profession 8 + interpreter, if any, or designate any person to provide assistance in this respect at the +request of the persons concerne d. The person so designated shall take the oath and sign +at the conclusion of the instrument, and the same shall be recorded in the Minutes. In +which case, the persons concerned shall pay the fees of the interpreter or assistant. +5. If any concerned person is afflicted with a mental disability, the curator appointed by the +competent court shall sign on his behalf. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (9) Register +1. The Competent Department shall keep a register in which the instruments are to be +recorded. The pages of such a registe r shall be numbered and arranged by date, and the +Register shall be free of any erasure, removal, addition or breaks. If, however, the +Register has any omission or typographical error, or where there is a need to make any +correction, removal or addition, t he same shall take place in a paper or electronic format +in the presence and under the signature of the persons concerned. In addition, the +Notary shall sign the correction according to the procedures set forth in the Executive +Regulations of this Decree L aw. +2. The Register referred to in Clause [1] of this article shall have the probative force of +evidence in respect of the data, information and instruments contained therein. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (10) Execution of Minutes and Delivery of Certificates +1. After the pe rsons concerned sign the Instrument, the Notary shall draw up, sign and +stamp a Minutes at the conclusion of the Instrument, and shall then deliver the same to +the persons concerned as described in the Executive Regulations of this Decree Law. +Federal Decree - Law Regulating the Notary Profession 9 + 2. Certifica tes extracted from the Register may be delivered to the concerned persons so +wishing, and may only be delivered to any third parties so requiring based on a written +order of the Department Director. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (11) Execution and Notarization of Affidavits +1. The Public Notary shall verify the identity, capacity, eligibility and consent of the persons +concerned before the affidavits are executed and notarized. +2. The Public Notary shall execute and notarize the affidavits after administering the oath +upon th e persons concerned, so that the oath shall only be administered for the purpose +of verifying the affidavits required by the persons concerned to be notarized. +3. The Private Notary may submit an application for administering the oath upon the +persons conc erned and notarizing their affidavits, according to the conditions and +procedures set forth in the Executive Regulations of this Decree Law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (12) Notarization of Signatures on Private Instruments +The Notary shall notarize the signatures of the pe rsons concerned on the private +instruments at their request, shall indicate such notarization in the register, and shall deliver +certificates to the persons concerned based on such register, according to the executive +regulations of this Decree Law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (13) Establishment of Private Instrument's Date +1. The Notary shall establish the date of private instruments by assigning serial numbers +thereto in the Register, and shall draw up a Minutes at the conclusion of the Instrument +Federal Decree - Law Regulating the Notary Profession 10 + establishing the date of its submission and the number of being recorded in the Register. +Such a private instrument shall be signed by, and stamped with the official seal of, the +Notary and then delivered to the persons concerned, as described in the executive +regulations of this Decree Law. +2. Date establishment certificates may be delivered to the persons concerned based on the +information extracted from Register, and may only be delivered to third parties based on +a written order of the Department Director. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (14) Wri t of Execution +1. The Public Notary shall, at the request of the persons concerned, have the writ of +execution affixed to the instruments executed or notarized by him according to the +provisions of this Decree Law, and which contain obligations that are we ll-substantiated, +of a specified value and due for performance, and only one copy thereof shall be +delivered to the person concerned having an interest for enforcing the content thereof. +2. A second copy of the underlying instrument to which the writ of execution is affixed may +only be delivered to the persons concerned based on a written order of the Department +Director, in the event that the initial copy is lost or could not be used. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (15) Notary's Obligations +The Notary shall: +1. Keep a regis ter for recording all the transactions that are executed or notarized by +him; +2. Keep in the register original copies of the instruments which are executed or +Federal Decree - Law Regulating the Notary Profession 11 + notarized or their dates are established by the Notary, or any other transaction +carried by the N otary, arranged by date; and +3. Keep a copy of any documents or paperwork relied upon by the Notary upon +carrying out the underlying transaction according to the provisions of this Decree +Law and its Executive Regulations. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (16) Notary's Prohibiti ons +The Notary shall be prohibited from: +1. Approving the signatures of employees of the federal or local government, public +authorities, public institutions or other government agencies affiliated to any of +them, on the certificates, documents or other pa perwork signed by them ex officio ; +2. Executing or notarizing the signatures or establishing the date of any instrument, if it +is proven that the person concerned is lacking the eligibility or capacity or if his +consent is not available, or where the subject of the underlying instrument is clearly +invalid, involves violation of the applicable legislation, pub lic order or public morals, +or is intended to circumvent any of the same. In which case, the Notary shall reveal +the reasons behind the rejection, so that any person concerned may file a grievance +with the Department Director against such rejection within seven [7] days of the +date of being aware thereof, and the latter's decision shall be final; +3. Executing or notarizing any instruments relating to the personal affairs of Muslims; +4. Executing or notarizing any instruments relating to the creation, amendment of the +provisions, or revocation, of endowment [waqf]; +5. Executing or notarizing any instruments relating to the creation, transfer, change or +termination of any title to, or righ t in-rem over, any real property; +6. Executing or notarizing any instruments whose execution or notarization falls within +Federal Decree - Law Regulating the Notary Profession 12 + the scope of competence of any other authority under the applicable legislation; +7. Performing any action in respect of which the Nota ry or any of his ascendants or +descendants, his spouse or their parents may have an apparent or hidden personal +intertest, or accepting any of such persons as an interpreter or assistant; +8. Disclosing to a third party any information relating to the perso ns concerned and +which comes to his knowledge ex officio; +9. Delivering any copy of any instrument to any person not a party to the underlying +transaction without a written permission of the Department Director; +10. Moving any register, instruments or othe r official papers that are kept in his custody +outside the office, and the Public Prosecution may review the same at the place in +which they are kept, and may request that the same be included in the file of any +pending case based on a decision of the chie f justice of the competent court. In +which case, a copy of the same shall be kept by the Notary after being attested by +both the Notary and Chief Justice of the Competent Court; +11. Moving to anywhere outside his office to carry out any transaction accordi ng to the +provisions of this Decree Law, except for the cases described in the executive +regulations of this Decree Law; or +12. Combining his office and any other public or private job at the same time, other than +the cases set forth in this Decree Law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (17) Legal Representation of the Persons Concerned +The Persons Concerned, or their legal representatives, shall appear before the Notary in +person. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (18) Use of IT Means +Federal Decree - Law Regulating the Notary Profession 13 + The Notary may use IT means for carrying out all the transactions tha t fall within the scope +of his competence under the provisions of this Decree Law, without necessarily requiring +the personal appearance of the persons concerned or their representatives before the +Notary. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (19) Submission of Transaction via IT me ans +The provisions of submitting the instruments, verifying the identity, registration, +appearance, payment of fees and notification, which are contained herein, shall be duly +performed if made, in part or in whole, using the IT means according to the appl icable +legislation. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (20) Issuance of Decisions via IT Means +The Minister may issue the decisions regulating the use of IT means for carrying out the +notarial services according to the provisions hereof. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (21) Confidentiality of E -Registers +Subject to the provisions of article [15] hereof, the registers shall be created and kept +electronically, shall be deemed confidential, and may only be circulated, reviewed, copied or +removed from the e -information system un der permission of the Department Director +according to the provisions hereof. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (22) Applicability of Information Security Regulations and Policies +The information secu rity regulations and policies that are applicable in the State shall apply +to the use of IT means described in this Decree Law and the decisions issued in +implementation hereof. +Federal Decree - Law Regulating the Notary Profession 14 + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (23) Probative Force of E -Signature and E -Document +The E -Signature a nd E -Document notarized in accordance with the provisions of this Decree +Law shall have the same probative force of the authentic signature or instrument as +provided for in the Law of Evidence in Civil and Commercial Transactions. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (24) Public Not ary Appointment Requirements +Whoever is appointed as a Public Notary shall satisfy the following requirements: +1. To be a UAE national; +2. To be of full legal capacity and medically fit; +3. To be of good conduct and reputation, and has never been sentenced by a court on +the grounds of any felony or misdemeanor involving moral turpitude or breach of +trust, even if subsequently rehabilitated; +4. To be holder of an academic degree in Law or Sharia and Law from a recognized +university or higher institute in the State, or an equivalent degree thereof; +5. To successfully pass the procedures and tests prescribed by the Ministry; and +6. To satisfy any other requirements described in the executive regulations of this +Decree Law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (25) Public Notary Appointment Mechanism +The Public Notary shall be appointed under a resolution of the Minister, and his place of +work at the courts or elsewhere shall be determined by the Competent Department. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (26) State Consuls' Performance of Pub lic Notary's Duties +Outside the State, the Public Notaries' duties shall be performed by the authorized consuls +Federal Decree - Law Regulating the Notary Profession 15 + of the State or their corresponding officers of the diplomatic missions, according to the +controls to be described in a cabinet resolution based on the Minister's proposal. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (27) Public Notary's Nature -of-work Allowance +Based on a cabinet resolution, the Public Notary may be entitled to a nature of work +allowance according to his professional grade. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (28) Legislation of Human Resources in the Federal Government +The legislation of human resources in the federal government, as well as the regulations +governing the public office affairs, shall apply to whoever is appointed as a Public Notary. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (29) Private Notary's License +1. The Private Notary may only practice his duties in the State after being both licensed by +the Committee and registered in the Roll, according to the provisions of this Decree Law +and its Executive Regulations. +2. The Competent De partment shall create a roster for the registration of Private Notaries, +and the Executive Regulations of this Decree Law shall indicate the details of such roster +and the procedures for registration therein. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (30) Private Notary Licens ing Requirements +The Private Notary shall satisfy the following requirements as a perquisite for getting +licensed: +a. To be a UAE national; +b. To be of full legal capacity and medically fit; +Federal Decree - Law Regulating the Notary Profession 16 + c. To be of good conduct and reputation, and has never been sente nced by a court on +the grounds of any felony or misdemeanor involving moral turpitude or breach of +trust, even if subsequently rehabilitated; +d. To be holder of an academic degree in Law or Sharia and Law from a recognized +university or higher institute in the State, or an equivalent degree thereof; +e. To have already engaged in the judicial or legal jobs described in the executive +regulations of this Decree Law for a minimum period of three [3] years; +f. To submit a valid insurance policy against professio nal liability, issued by an insurer +duly licensed to operate in the State, in conformity with the controls determined by +the Minister; +g. His name must not have been removed from the Roster, unless three [3] years have +lapsed following the issue date of th e decision or judgment; +h. To successfully pass the procedures and tests prescribed by the Ministry; and +i. To pay the prescribed fees; and +j. To satisfy any other requirements set forth in the Executive Regulations of this +Decree Law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (31) Lawye r's Performance of Private Notary's Duties +The practicing lawyer may perform the duties of the Private Notary if the Lawyer concerned +satisfies the requirements set forth in article [30] hereof. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (32) Private Notary's Performance of Notarial Duties +The Private Notary shall perform his notarial duties through a firm duly licensed for this +purpose or through a licensed law firm, according to the controls and procedures set forth in +the executive regulati ons of this Decree Law. +Federal Decree - Law Regulating the Notary Profession 17 + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (33) Composition of Private Notary Admission Committee +The Minister shall issue a resolution composing a committee to be known as [Private Notary +Admission Commit tee], comprising at least six [6] members, including the chairman and +deputy chairman, in addition to the Notary Public. The resolution so issued shall determine +the committee's terms of reference. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (34) Private Notary Admission Committee's Functi ons +1. The Committee shall perform the following functions: +a. Consider and decide on the applications for the licensing and renewal of licensing of +the Private Notary, applications of license revocation and abstention from +performing Private Notary's duti es, as described in the executive regulations of this +Decree Law; +b. Consider and decide on the applications for transfer of the Private Notary from an +office to another; +c. Consider the acts committed by the Private Notary in violation of the provisions o f +this Decree Law and its executive regulations, and which are referred thereto by the +Competent Department; +d. Consider the complaints filed against the Private Notary or its firm, and shall decide +that the same be either disregarded or referred to the Pu blic Prosecution; and +e. Perform any other functions assigned to the Committee under this Decree Law and +its Executive Regulations. +2. The Committee shall issue substantiated resolutions in the event that any of the +applications referred to in Clause [1.A] of this article is rejected. +Federal Decree - Law Regulating the Notary Profession 18 + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (35) Complaints against Private Notary +1. The Competent Department shall keep the Private Notary notified of any complaint +failed against him in order to respond thereto not later than fifteen [15] business days +following the date of being notified. +2. The Competent Department shall refer the complaint, together with the Private Notary's +response thereto, to the Committee in order for the latter to decide that the same be +either disregard or referred to the Public Pro secution for instituting and proceeding with +the disciplinary case before the Disciplinary Board. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (36) Composition of Private Notary Disciplinary Board +1. The Minister shall issue a resolution composing a board to be known as [""Private Notary +Disciplinary Board""], under the chairmanship of a chief justice of the Courts of Appeal, +and having two judges of such courts as nominated by the Competent Judicial Bod y in +which they work. The resolution so issued shall determine the board's terms of +reference. +2. The Disciplinary Board may designate an employee of the Court of Appeal to assume the +secretarial duties of the board. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (37) Initiation of Disciplina ry Action +1. The disciplinary action shall be initiated by the Public Prosecution before the +Disciplinary Board under a petition that contains the violations and supporting evidence. +2. The Public Prosecution shall notify the Private Notary to appear before the Disciplinary +Federal Decree - Law Regulating the Notary Profession 19 + Board, at least ten [10] business days prior to the scheduled hearing date, and shall +follow up on the disciplinary action until the same is decided on. +3. The Discipl inary Board may conduct any necessary investigations, and may delegate any +of its members to perform the same. +4. The Disciplinary Board may proceed with the disciplinary action in the event that the +Private Notary concerned fails to attend the Disciplinar y Board's hearings without any +acceptable excuse. +5. The Disciplinary Board may temporarily suspend the Private Notary from performing his +duties until the trial is completed. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (38) Disciplinary Board's Hearings and Challenging its Judgments +1. The Disciplinary Board's hearings and deliberations shall take place behind closed doors. +2. The Private Notary shall appear in person before the Disciplinary Board, and may submit +his defense in writing or engage a lawyer. +3. If the Private Notary fails to appear before the Disciplinary Board, ab absentia judgment +may be rendered against him after verifying that the Private Notary has been duly +served. +4. The Disciplinary Board shall issue its decisions by majority based on the ir supporting +grounds, and the decision so issued shall be served upon the Private Notary within ten +[10] days following its date of issue. +5. The Public Prosecution and Private Notary may each challenge the judgment rendered +by the Disciplinary Board befo re the competent court of appeal within thirty [30] days +Federal Decree - Law Regulating the Notary Profession 20 + following its date of issue in respect of the judgment rendered in presence of the Private +Notary, and following the date of being served upon the Private Notary if issued in +absentia. +6. The Private Notary shall not suffer any harm on the grounds of his appeal against the +judgment issued by the Disciplinary Board. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (39) Adjudication on the Disciplinary Action +The judgment rendered in respect of the disciplinary action shall include the groun ds relied +upon, and such grounds shall be read out when the judgment is being announced at a +closed -door hearing. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (40) Disciplinary Penalties to be Imposed on Private Notary +1. Any disciplinary penalty may only be imposed on the Private Notary ba sed on a decision +of the Disciplinary Board, after a written investigation is conducted and the Private +Notary's statements are heard according to the provisions of this Decree Law. +2. The disciplinary penalties to be imposed on the Private Notary shall be as follows: +a. Warning; +b. License suspension for not more than six [6] months; or +c. License revocation and irrevocable removal of the Private Notary's name from the +Roster. +3. The penalties imposed on the Notary Public shall be without prejudice to the civil or +criminal accountability, if necessary. + +Federal Decree - Law Regulating the Notary Profession 21 + General Provisions +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (41) Taking the Legal Oath +1. The Notary may only perform his duties after the legal oath is taken. +2. The Notary shall take the following oath before the Minister: [""I swear by Almighty God +that I will perform my work with full accuracy, honesty and Faithfulness, and that I will +safeguard the confidentiality of my job secrets""]. +3. An oath -taking minutes s hall be drawn up and kept in the Notary's file with the +Competent Department. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (42) Competent Department's Supervision of Notary's Work +The Competent Department shall supervise, and conduct administrative and technical +inspection on, the Notary's work, as described in the executive regulations of this Decree +Law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (43) Obtaining Copies of the Instruments kept in The Notary's Files +The Persons Concerned may obtain a copy of any paper o f their own instruments kept in the +Notary's files or recorded in the Register, as described in the executive regulation of this +Decree Law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (44) Instrument Correction +1. Any typographical or arithmetic errors in the instrument, which are committ ed in the +course of the Notary's performance of his duties, shall not affect the validity of the same. +In which case, however, the Notary shall correct any such error. +Federal Decree - Law Regulating the Notary Profession 22 + 2. If any error is committed by the persons concerned in relation to any of the informat ion +and data recorded in the instrument, the Notary may, at their request, correct the same. +3. The executive regulations of this Decree Law shall determine the controls and +procedures for implementing this article. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (45) Official Seals and Writ of Execution Seals +The Ministry shall approve the official seals of the Notary, as well as the seals of the writs of +execution for the transactions carried out by him, according to the provisions set forth in the +executive regulati ons of this Decree Law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (46) Arrest and Investigation +The Notary may undergo arrest and investigation, and his office may be inspected in relation +to matters associated with his notarial duties, only based on an order of the Public +Prosecution. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (47) Notary Code of Ethics and Professional Conduct +The Minister shall issue a code that outlin es the ethical principles for the notary professions, +as well as the guidelines and controls to be observed by the Notary. Violation of any +provision of the Code shall entail proportional disciplinary penalties. + +Crimes and Penalties +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (48) Penalty for Performing Notarial Duties without License +Federal Decree - Law Regulating the Notary Profession 23 + Whoever performs the professional duties of a notary without holding a relevant license +shall be sentenced to imprisonment for a period of not less than six [6] months and / or a +fine of not less than AED [30, 000] thirty thousand dirhams and not exceeding one hundred +thousand dirhams [AED 100,000]. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (49) Penalty for Disclosure of Work Secrets +Any Notary who discloses any secret that comes to his knowledge ex off icio shall be +sentenced to imprisonment for a period of not less than six [6] months and / or a fine of not +less than AED [30,000] thirty thousand dirhams and not exceeding one hundred thousand +dirhams [AED 100,000]. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (50) Imposing Harsher Penalty Prescribed by Other Law +Imposing the penalties set forth herein shall be without prejudice to harsher penalty +provided for in any other law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (51) Capacity of Judicial Officers +Employees of the Competent Department, who are named in a resolution of the Minister, +shall, within their respective areas of competence, have the capacity of judicial officers in +respect of the crimes committed in violation of the provisions of this decree law and its +executive regulations as well as the decisions issued i n implementation hereof. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (52) Administrative Penalty Regulations +The Cabinet shall issue administrative penalty regulations based upon the Minister's +Federal Decree - Law Regulating the Notary Profession 24 + proposal in respect of the acts committed in violation of the provisions of this Decree Law +and its Executive Regulations. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (53) Government Bodies' Exemption from Fees +Federal and local government bodies shall be exempted from the fees in respect of all +transactions carried out by the Notary. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (54) Fees +The Cabinet shall, based upon the Minister's proposal and presentation of the Minister of +Finance, issue a resolution determining the fees of transactions carried out by the Public +Notary and the fees of the Private Notary. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (55) The Executive Reg ulations +The Cabinet shall, based upon the Minister's proposal, issue the Executive Regulations of +this Decree Law, within six [6] months following the date of being published in the official +gazette. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (56) The Executive Resolutions +The Minister s hall issue the resolutions required for implementing the provisions of this +Decree Law and its Executive Regulations. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (57) Repeals +1. The Federal Law No. [4] of 2013 Regulating the Notary Profession, as amended, as well +Federal Decree - Law Regulating the Notary Profession 25 + as any provision that goes against or conflicts with the provisions hereof, shall all be +repealed. +2. The Executive Regulations and resolutions that are in force when thi s Decree Law is +issued shall continue in full force and effect insofar as they do not conflict with the +provisions hereof, until the Executive Regulations of this Decree Law and decisions +issued in implementation hereof are issued. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (20) of 2022 Regulating the Notary Profession,"Article (58) Publicati on & Entry into Force +This Decree Law shall be published in the Official Gazette, and shall enter into force three +[3] months following the date of its publication. + + + + + + + + +Mohamed Bin Zayed Al Nahyan +President of the United Arab Emirates + + +Issued by us in the Presidential Palace, Abu Dhabi +On: 30 Safar, 1444 AH +Corresponding to: 26 September, 2022 " +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (1) +Definitions +In applying the provisions of this Law by Decree, the following words and expressions shall +have the meanings assigned to each of them, unless the context stipulates otherwise: +State : The Council of Ministers of the United Arab Emirates +Cabinet : The Central Bank of the United Arab Emirates +Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government 2 + Federal Government : The Government of the United Arab Emirates +Federal Entities : Any ministry established in accordance with Federal +Law No. (1) of 1972 C oncerning the functions of +ministries and the powers of ministers, and its +amendments, as well as any federal authority, +institution or regulatory bodies affiliated with the +federal government . +Chairman of the +Federal Entity : The Minister, the Chairman o f the Board of Directors +(BOD), the Head of the Entity, or the like, as the case +may be. +Authority : The Federal Authority for Government Human +Resources (FAHR) +Competent +Authority : The authority entrusted with appointment powers +Human Resources Department : +The administrative unit concerned with human +resources in the federal entity + +Employee : A person who occupies a position in the federal entity +according to the human resources mechanisms and +procedures approved by the federal government . +Citizen : A natural person who holds the nationality of the +United Arab Emirates . +General cadre : Employees of the federal entities who are subject to unified grade and salary scale +s approved by the +Council of Ministers by Resolution No. (23) of 2012 +Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government 3 + or any subsequent amendments thereto. +Basic Salary : The salary determined for the beginning of the job +grade scale and any increases thereof . +Gross salary : The basic salary in additi on to the approved bonuses +and allowances that the employee receives . +Year : The calendar year +Month : A unit of time of thirty days +Working day : The official working day +Employment +Contract : The contract that shall regulate the job relationship +between the employee and any federal entity +Notice period : The notice period specified in the employment +contract, which requires both parties to abide by the +contract in case eit her of them wishes to terminate it . +Line Manager : The person in charge of the organisational unit in +which the employee works . +Medical Authority : Any federal or local government entity concerned +with health affairs or any private health facility +licensed to provide health services in the State +Medical Committee : The medical committee to be formed by a resolution +of the Minister of Health and Community Protection + + + + +Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government 4 + " +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (2) +Scope of Application +1. The provisions of this Law by Decree shall apply to civil servants in federal entities, +including entities whose establishm ent legislation stipulates the existence of +independent human resources regulations. +2. Federal entities and their employees shall be excluded from the application of the +provisions of this Law by Decree, that shall be excluded by a resolution of the Cou ncil of +Ministers, provided that the exception resolution shall specify the provisions and +obligations of these entities, with the obligation of these entities to provide the following +data to the human resources working for them, including wages and salar ies and all +procedures related to human resources, by linking with the laws approved by the FAHR. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (3) +Human Resources Management Tasks +1. The Human Resources Department in the federal entities shall implement and apply the +provisions stipulated herein and any resolutions or regulations issued for its implementation. +2. The organisational units concerned with each federal entity shall refer to this +Department in all technical matters related to human resources. +3. The Human Resources Department in the federal entity shall refer to the FAHR in matters it encounters when implementing the provisions thereof and the resolutions and regulations issued for its implementation. +4. The concerned organisational units of the federal entity shall abide by the principles and policies stipulated herein and ensure that they shall be applied to employees in a fair and +equal manner, with the aim of creati ng a work environment that stimulates +performance. + + + + +Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government 5 + " +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (4) +Organisational Structure +Federal entities shall have their own organisational structures that are commensurate with +their compet ences and needs, and shall be approved by the Council of Ministers. A +resolution by the Council of Ministers shall determine the mechanisms for preparing, +approving and amending such structures. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (5) +Human Resource Planning and Job Budgeting +1. Within its general budget, each federal entity shall have an annual human resources +budget commensurate with its approved organisational structure. +2. The Executive Regulation herein shall define all aspects related to planning human resources and approvi ng their budget in accordance with the financial rules in force in +the State. +" +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (6) +Recruitment Patterns +1. Recruitment in federal entities shall be according to one of the following employment patterns: +a. Full -time: Working for one federal entity for the full daily working hours throughout +the official working days, whether from the workplace, remotely, or in a hybrid work +mode based on the employment contract or what is agreed upon between the federal entity and the employee. +b. Part -time: Working for a federal entity for a specific number of working hours or +days scheduled for work, whether from the workplace, remotely, or in a hybrid work +style, based on the employment contract or what shall be agreed upon between the +federal entity and the employee. +c. Temporary work: The work whose implementation nature requires a specific +period, or it focuses on work in itself and ends with its completion. +d. Flexible work: The work whose hours or working days change accor ding to the +Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government 6 + volume of work and the economic and operational variables at the employer, and +the employee may work for the employer at variable times according to the working +conditions. +2. It is permissible, based on the FAHR recommendation, by a resoluti on of the Council of +Ministers - to amend the employment patterns mentioned in this Article, add other +patterns, or cancel any of them. +3. The Executive Regulations herein shall specify the provisions for each type of +employment mentioned in this Article, the conditions for appointment thereto, the types +of contracts related to each of them, their forms, their durations, and any other aspects +related to employment in the federal government, as well as the cases in which it is +permissible to combine more t han employment pattern with more than one employer +and its controls. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (7) +The Appointing Authority +Appointment to jobs in federal entities shall be according to the following: +1. By a federal decree based on the approval of the Council of Minis ters for jobs at the rank +of under -secretary, director general, or the like. +2. By a resolution of the Council of Ministers for jobs at the rank of assistant +under -secretary, executive director, or the like. +3. By a resolution of the head of the federa l entity or whomever, he delegates for the rest of +the jobs and other grades. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (8) +Appointment to Jobs +1. Nationals of the State shall have priority in being appointed to any of the vacant jobs at +the federal authorities. Non- nationals may be appointed in the absence of citizens who +meet the conditions and requirements of the vacant job. +2. It is not permissible to appoint employees who have some marital or kinship relationship +Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government 7 + in the federal entity except wi thin the limits of the conditions specified by the Executive +Regulation herein. +3. Discrimination between persons on the basis of race, colour, sex, religion, national or +social origin, or disability, which has the effect of impairing equality of opportu nity or +impairing equality in obtaining or maintaining employment and enjoyment of its rights, +shall be prohibited. Discrimination is prohibited in jobs with the same job functions. The +measures taken by the federal government concerning benefiting from th e capabilities +of Emirates cadres and enhancing their competitiveness in the federal entities shall not +be considered discrimination. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (9) +Probationary Duration +1. The Employee appointed for the first time shall be subject to a probationary duration of (6) six months, which can be extended for a similar period if the employee performance during the first period is low. The Council of Ministers may exempt or reduce that period +for those appointed at the rank of under -secretary, general manager, or the like in the +federal entities. +2. By a competent authority resolution for the appointment, the Employee transferred from +an external party may be subjected to the probationary period referred to in Clause (1) of this Article. +3. The Line Manager shall conduct a careful follow -up to evaluate the performance and +behaviour of the Employee regularly, as determined by the Executive Regulations herein. +4. During the probationary duration, the service of the Employee may be terminated if it is +proved that he is incompetent or unfit to carry out his job duties or because of his poor performance by a resolution of the authority concerned with the appointment, in +accordance with the approved mechanisms, provided that he shall be given a no tice +period of not less than (5) five working days. +5. An Employee may resign from his job during the probationary duration, provided that he +shall notify his Employer through his direct supervisor within a period of no less than (5) +five working days. +Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government 8 + " +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (10) +Scale and Salary Scales +1. All grade and salary scales of federal entities shall be approved by the Council of +Ministers as follows: +a. As for the scales of grades and salaries of the general staff, they shall be proposed by +the FAHR in coordination with the Ministry of Finance and submitted to the Council +of Ministers for approval. +b. As for the scales of grades and salaries of other cadres, they shall be proposed by the +concerned authority and submitted to the Council of Ministers after reviewing by the +FAHR and the Ministry of Finance. +2. Upon his appointment, the Employee shall be granted a starting salary equal to the grade for the job for which he is appointed. He may also be given a higher salary according to +what is determined by the Executive Regulations herein in the event that he has the +more elevated experience, qualifications or skills and in accordance with the controls +and mechanisms specified by the job evaluation and description law or any other +supported systems. +3. The gross salary shall be approved within the grades and salaries scale. +4. The federal entities shall abide by the scale of grades and salaries approved by them in +accordance with the provisions herein. No exceptions or amendments may be made to +it, or any new bonuses, allowances, bonuses, annual financial grants, or other +amendments may be approved except after the approval of the Council of Ministers. +5. The scales of grades, salaries, and allowances approved by the federal entities prior to the entry into force of the provisions herein shall continue to work, and no amendment may be made to them except by a resolution of the Council of Ministers. + + + + +Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government 9 + " +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (11) +The impact of appointment and the minimum salary of a national employee +The Employee shall be entitled to the salary of the position for which he is appointed as of +the date of commencing work. The Council of Ministers may issue a resoluti on specifying +the minimum gross salary for national employees. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (12) +Retirement of Citizen Employees +1. The Citizen Employee shall be registered in the retirement programme in effect with the General Pensions and Social Security Authority. +2. The monthly subscriptions of the Insured National Employees shall be deducted for the purpose of transferring them to the General Pensions and Social Security Authority in accordance with the legislations issued in this regard. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (13) +Transfer, Ass ignment, Secondment and Borrowing +1. An Employee may be transferred from a federal entity to another federal entity or a local entity without prejudice to his financial entitlements unless he agrees to the transfer or +the transfer is at his request, and he may not be transferred to the private sector except at +his request. +2. The Employee may be delegated within the federal entity or to another federal entity. +3. An Employee may be seconded to any federal or local entity, to companies owned by the +federal government, to the private sector, or international bodies and organisations, and any of the employees of those entities may be seconded to the federal government. +In all cases, the Executive Regulations herein shal l regulate all provisions and controls +relating to transfer, assignment, secondment and borrowing. + + + +Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government 10 + " +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (14) +Promotions + An Employee may be promoted as a job or financial promotion. The Executive Regulations +herein shall specify the types of promotions, their conditions and controls, their financial or +functional impact, and all related provisions. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (15) +Training and Scholarships +1. Federal entities shall preserve trained and qualified human resources, train their +employees and develop their knowledge, skills, and job capabilities in accordance with +the training and development law issued by the Council of Ministers based on a +proposal by the FAHR. +2. The federal authorities may provide care for the following groups: +a. National high school graduates to study some vocational and technical disciplines. +b. Some national employees work for it to complete their university or postgraduate +studies or obtain accredited professional certificates, according to their job and +professional needs. +In all cases, the Executive Regulations herein shall specify any conditions or controls related +to the care of national employees. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (16) +Delegation on Official Missions +The Executive Regulation herein shall determine the controls for dispatching employees on +official missions, whether inside or outside the State, the fees for dispatch and r elated +provisions. + + + +Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government 11 + " +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (17) +Leaves +1. Leaves shall be classified according to the provisions herein as follows: +a. Annual leave; +b. Maternity Leave; +c. Parental leave; +d. Sick Leave; +e. Bereavement leave; +f. Study leave; +g. Performing national and reserve service leave; and +h. Leave without pay. +2. An Employee may not stop working, except within the limits of his approved leave +periods, or with an acceptable excuse accepted by the entity in accordance with the provisions herein, its Executive Regulations, and the implementing regulatory +resolutions for them; otherwise, the interruption from work is considered an absence +without an acceptable excuse and a reason for termination of service in accordance with +the provisions h erein. +3. The Council of Ministers may decide on other types of leave such as waiting period +leave, pilgrimage leave, patient escort leave and other leaves, and regulate the +procedures and rules for granting and entitlement thereto. + + +" +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (18) +Annual Leave +1. The Employee appointed according to the full -time pattern shall be entitled to annual +leave with a total salary as follows: +a. (30) Thirty working days for the incumbents of the special grade (B) or above. +b. (22) Twenty- two working days for the rest of the jobs. +2. An Employee may take the annual leave all at once or divide it into different periods after +Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government 12 + obtaining the approval of his Line Manager. He may also combine the annual leave with +any other leave he is entitled to in accordance with the provisions stipulated herein. +3. The Executive Regulations herein shall determine the number of annual leave days that +an employee may carry over or compensate for and the mechanism for entitlement to +annual leave for employees working in other employment modes. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (19) +Maternity Leave +1. The full -time employee shall be entitled to maternity leave with a total salary of ninety +(90) days. +2. An Employee may not combine maternity leave with leave without pay. +3. After returning from maternity leave, and for a period not exceeding (6) six months as of +the date of delivery, the female employee shall be entitled to one or two rest periods per +day to breastfeed her child, provided that the duration of the two periods shall not +exceed two hours. +4. The Executive Regulations herein shall determine the provisions and controls for granting this license . + +" +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (20) +Parental leave +The Employee shall be entitled to parental leave with a gross salary for a period of (5) five +working days for the Employee (whether the father or the mother) who has a newborn to +take care of his child, who is entitled thereto continuously or intermittent ly within (6) six +months as of the date of the childbirth. + + + +Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government 13 + " +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (21) +Sick Leave +1. An Employee sick leave shall be authorised according to a medical report approved by an +official medical authority for a period not exceeding (5) five consecutive working days at +a time and a maximum of (15) fifteen working days per year. If the duration of the illness +exceeds that, the authorisation for such leave shall be based on a medical report issued +by the Medical Committee. +2. The fifteen (15) working days shall be the first with a gross salary, and any period +exceeding that shall be deducted from the balance of the Employee annual leave if he +has a balance, and if he does not have a balance, it shall be considered without a sal ary. +3. If the Employee exceeds (15) fifteen working days in a year, the federal entity shall refer the employee to the medical committee to decide what it deems appropriate regarding +his health condition. +4. The Employee sick condition shall be reviewed if it lasts for a period of more than (6) six +months. In this case, the medical committee shall decide to extend this leave for a period +not exceeding (6) additional six months or recommend termination of his services for +lack of health fitness. +5. Job- related illnesses and chronic illnesses that the Ministry of Health and Prevention +determines in coordination with the FAHR and sicknesses in which the medical +committee decides to prevent the employee from carrying out his job duties for the +period spec ified by the committee shall be excluded from the application of the +provisions of Clause (2) of this Article, where the employee shall be paid in these cases, his gross salary for the duration of the sick leave. The Executive Regulations shall specify the maximum leave period in these cases. +In all cases, the Executive Regulations herein shall specify the controls for granting and +extending this leave and other related provisions. + + + +Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government 14 + " +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (22) +Bereavement Leave +The Employee shall be granted mourning leave with a total salary for a period of (5) five +days in the event of the death of any of his first- degree relatives and a period of (3) three +days in the event of the death of any of his second -degree relatives, st arting as of the date of +death. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (23) +Study Leave and Exam Leave +1. The head of the federal entity or his authorised representative may grant the national +employee a paid study leave on a full -time or part -time basis in order to obtain a +qualifi cation higher than the general secondary certificate from educational institutions +accredited by the Ministry of Education, provided that the qualification shall meet the +needs of the federal entity. +2. The head of the federal entity or his authorized representative may grant the citizen +employee registered in any of the learning programmes - in-person or remotely in +educational institutions accredited by the Ministry of Education, whether inside or +outside the State, leave with a gross salary to perform the semester and annual exams, +provided that its duration shall be determined the actual days of the exams. +3. The Executive Regulations herein shall determine the terms, conditions, and controls for granting a study leave. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (24) +Performing national and reserve service Leave +The national employee shall be entitled to a paid leave to perform the national and reserve +service in accordance with the legislation in force in the State. + + + +Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government 15 + " +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (25) +Unpaid Leave +The head of the federal entity or whomever he authorizes may grant the Employee an +unpaid leave for a period not exceeding (30) thirty days in one year, provided that the +Employee shall have serious reasons that require him to be granted this leave and provided +that he shall have exhausted all his annual leaves, and this leave shall not be counted in the +employee term of service. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (26) +Work Relationships +1. Federal entities shall create a motivating and empowering work environment that +enables al l its employees and organisational units to achieve the highest levels of +performance and results and contributes to achieving the government goals, and shall be characterised by the following: +a. Providing outstanding and innovative suggestions and ideas easily; +b. Providing equal opportunities for staff development; +c. Achieving security and justice, and meeting the basic requirements of the Employee; +d. Considering the cultural diversity and individual differences of employees; and +e. Fulfilling occupational health and safety requirements. +2. The Employee shall maintain the buildings, vehicles, devices, equipment, and other public property owned by the federal entity and use them for work purposes, and in +accordance with the applicable legislation and regulations. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (27) +The Employee Professional Ethics and Obligations +The Employee shall act in an appropriate manner consistent with the standards of behavior +adopted for public positions, as determined by the Professional Conduct and Ethics +document of the public position issued by the Council of Ministers based on the FAHR +proposal, and he shall, in particular, adhere to the following: +Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government 16 + 1. Respecting laws, systems and regulations related to the performance of job duties and +responsibilities, and abide by the legislation in force in the State; +2. Performing the tasks entrusted to him with accuracy, care and integrity in order to +achieve the goals and interests of the federal entity in which he works; +3. Exercising job duties in good faith, free of malicious intent or negligence that may cause +violation of the provisions herein, its Executive Regulations or resolutions implementing +them, or harm the public interest; +4. Providing distinguished services to all clients in a professional, balanced manner +characterised by friendliness and love of assistance; +5. Acting in a way that preserves the reputation of the government in general and the entity in which he works in particular; +6. Adhering to the highest ethical standards in his behaviour and conduct; +7. Respecting the rights and duties of co- workers and treat them with courtesy; +8. Using public funds as required by honesty, diligence, and avoiding waste; +9. Adhering to the information security law in the federal entities; +10. Not to exploiting the information obtained during the performance of his job duties; +11. Adhering to the terms and conditions for the use of social media by federal employees; +12. Not accepting any bribes; +13. Not to accept gifts except in accordance with the controls specified by the Executive +Regulations of this Law by Decree. +14. Not to exploit his position, or the relationships that he establishes during his work in +order to influence or improperly interf ere in the procedures carried out by the +competent investigation authorities, whether from within or outside the federal entity; and +15. Adhering to any other relevant regulations issued by the Council of Ministers in this regard. + + +Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government 17 + " +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (28) +Disclosure of information and delivery of documents and materials +1. An Employee shall be prohibited, during and after his term of service in the federal +entity, from disclosing any confidential information, whether written, electronic, or oral, +or in an y form, unless he obtains prior written permission from his Employer, and +whether that information is related to the federal entity with which he works or with any +other entity, or with those who deal with these entities. +2. Upon termination of his servi ce with the federal entity for any reason whatsoever, the +Employee shall hand over to the federal entity all documents, files, materials, disks, and +programmes he has, and any property belonging to the federal entity in which he works +or belonging to any of the federal entities and other relevant entities, even if he did not +include confidential information. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (29) +Conflict of Interest +An Employee shall, during the performance of his job duties, avoid any conflict of interest +that may occur between his private activities and the interests of the government and its +operations, and he shall also avoid any work in which any suspected conflict of interest may +arise. He shall in particular, avoid the following: +1. Participation in any process or official resolution that directly or indirectly affects the +success of a contractor or supplier who is one of his relatives up to the fourth degree, and +kinship includes kinship and affinity. +2. Participation in any resolution that may lead to granting any benefits, lands, or licences to any of his relatives up to the fourth degree. +3. Participation in any official process or resolution that directly or indirectly affects the success of a supplier, contractor, or project in which the employee is a partner in any +way, and that leads to his obtaining a percentage, share or material benefit, directly or indirectly. +Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government 18 + 4. Exploiting his position or leaking any information obtained by virtue of his work to +achieve specific goals or get exceptional service or treatment from any party. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (30) +Official Working Days and Hours +A resolution of the Council of Ministers shall determine the days and number of official +working hours in the federal entities. The number of working day s or hours may vary +according to the type and nature of the work assigned to the employee. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (31) +Overtime +The federal entity may assign the employee to perform additional work tasks after the +official working hours, during the weekends, or during the official holidays. +The Executive Regulations herein shall specify the controls for assigning employees to overt ime work and the cash compensation for overtime hours or compensatory leave days. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (32) +Official Holidays +A resolution of the Council of Ministers shall determine the official holidays of the federal government. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (33) +Occupational Health and Safety +The federal entity shall be committed to the following: +1. Providing a work environment that maintains occupational health and safety for its +employees in accordance with the Occupational Health and Safety Manual for Federa l +Government Employees issued by the FAHR; +Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government 19 + 2. Insuring its employees against injuries and accidents that occur during work. The +Executive Regulation herein shall specify the mechanisms and controls that the federal +entity shall abide by. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (34) +Job Violations +1. Every employee who violates the duties stipulated herein or its Executive Regulations, or +the resolutions implementing them, or deviates from what is required in the work of his +position, shall be administratively punished with one of the penalties outlined in article (35) herein without prejudice to civil liability or penal when necessary. The Employee +shall not be exempted from administrative penalties unless he proves that his +commission of job- related violations was in implementation of a written order issued to +him by his direct boss or his employer, despite a written warning of the violation, and in +this case, the responsibility lies with the source of this regard. +2. Criminal authorities shall be notified if it appears that what the Employee committed +involves a criminal offence. +3. More than one administrative penalty may not be imposed on an Employee for the same +act or violation. +4. The Employee resignation shall not prevent the continuation of the administrative +procedures related to the violation committed by him, and the Employer may stop paying any financial dues to the Employee, until the completion of the investigation +procedures and the issuance of a final resolution that he is not responsible. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (35) +Administrative Penalties +1. The federal entity, in the event that the Employee commits any violation of the provisions herein, its Executive Regulations, or the resolutions implementing them, may +impose the following administrative penalties: +a. Linear attention; +Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government 20 + b. Written warning; +c. Deduction from the basic salary not exceeding (10) ten days wage for each violation +and not exceeding (60) sixty day s per year; +d. Suspension from work without gross pay for a period of not less than one month and +not more than (3) three months; and +e. Dismissal from service while preserving the Employee right to a retirement pension +or end- of-service gratuity. +2. The appropriate penalty shall be imposed on the Employee according to the severity and +seriousness of the violation committed. The Executive Regulations herein shall regulate +the mechanisms of investigation and disposal of these violations, as well as the +mechanisms of their imposition. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (36) +Abolition of the legal effect of administrative sanctions +The legal effect of the administrati ve penalties imposed on the Employee shall be cancelled, +and they shall be considered as if they did not exist upon the expiration of the periods specified by the Executive Regulations herein, provided that they shall be calculated as of +the date of issuance of the administrative penalty. This provision shall not apply in the event +that the Employee returns to commit any violation before the expiry of these periods. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (37) +Suspending the Employee from work and stopping the payment of his salary +The federal entity may suspend the employee from work, stop paying all or some of his +salary and refer him to the judicial authorities due to proof of job violations that represent +criminal offences punishable by law. The Executive Regulations herein shall determine the +provisions and controls related to the aforementioned cases, the cases of violations +abatement, and any other related provisions. +Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government 21 + " +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (38) +Service Termination Reasons +The Employee service ends for any of the following reasons: +1. Failu re to pass the probationary period successfully; +2. Functional incompetence; +3. Unfitness; +4. Absence from work without acceptable justification for a period of (10) ten consecutive +working days or (20) twenty separate working days during one year; +5. Substitution to localise jobs for non -citizens; +6. Restructuring; +7. Dismissal by resolution of the Council of Ministers; +8. Issuance of a federal decree to terminate service; +9. Dismissal from service by a resolution related to an administrative offence or dismissal by a court ruling; +10. Convicted of a felony or misdemeanour violating honour, trust or morals; +11. Sentencing him to imprisonment for a period exceeding (3) three months in any felony +or misdemeanour; +12. Withdrawing or forfeiting the nationality of the State from the Employee; +13. Not renewing or terminating the employment contract before its expiration date; +14. Resignation; +15. Reaching the retirement age; +16. Referral to retirement before reaching the legal age; and +17. Death. +The hiring authority may decide not to terminate the service stipulated in Clause (4) herein +when the Employee expresses an excuse, and the hiring authority accepts it. The period of +absence, in this case shall be considered leave without pay. +In all cases, the Executive Regulations herein shall specify the conditions and mechanisms related to each reason for termination of service mentioned in this Article. + +Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government 22 + " +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (39) +Service Termination Authorisation +Termination of service reasons mentioned in article (38) herein shall be issued by a +resolution of the competent authority for appointment, with the exception of the following: +1. Dismissal of the Employee in accordance with Clause (7) of article (38) herein, in which +a resolution is issued by the Counci l of Ministers, based on the recommendation of the +head of the concerned federal entity, with the payment of the gross salary for the warning period prescribed for his grade, provided that this period shall not be counted among the duration of his service with the federal entity. +2. The termination of service due to death; a resolution shall be issued accordingly by the competent head of the federal entity or his authorised representative. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (40) +Resignation and Notice Period +The Executive Regulation herein shall define the controls and mechanisms related to +resignation and the time frame for its acceptance. +The notice period, its reduction or exemption from it, or the termination of the employment +contract and all its provisio ns. +" +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (41) +Indemnity +1. The entitlements of the national employee shall be calculated at the end of his service in +accordance with the provisions of Federal Law No. (7) of 1999 issuing the Pensions and +Social Security Law and amendments thereof. +2. The Employee (non -national) appointed on a full -time basis shall be entitled, at the end +of his service, to an end -of-service gratuity calculated according to the basic salary at the +rate of: +a. The basic salary for (21) days for each of the first five years; and +b. The basic salary for (30) days for each year of more than this. +Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government 23 + 3. The Indemnity shall be calculated for the Employee who works in other modes of work +based on a percentage an d proportionality from the mechanism set forth in Clause (2) of +this Article. +4. The Employee shall not be entitled to the indemnity if his service period in the federal +entity is less than one continuous year. +5. For the purposes of calculating the in demnity, the warning period and the total number +of days of due leave that the Employee has not used in accordance with the provisions +herein shall be considered part of the period of service, and part of a month shall be considered a full month. +6. Subj ect to the Federal Law on Pensions and Social Security, the end -of-service gratuity +shall be paid to the Employee who obtains the nationality of the State based on the last +basic salary upon his acquisition of the State nationality, without prejudice to any +agreement contained in the employment contract between the employee and the entity with regard to the wage for which the gratuity shall be calculated. +7. The Federal Entity shall have the right to deduct any amounts from the Employee indemnity, to pay the debts and obligations owed by him to the federal entity in accordance with the provisions of the applicable legislation. +8. The Council of Ministers may adopt other patterns and mechanisms for calculating and +paying end- of-service remuneration and the rules for its disbursement. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (42) + Mechanism for calculating indemnity benefits for continuing employees +The indemnity for non -national employees wh o are continuing their work shall be +calculated in accordance with the previous regulations in force in the federal entity until the day preceding the date of entry into force herein, provided that the reward for them shall be +calculated in accordance with article (41) herein as of the date of its enforcement. + + + +Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government 24 + " +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (43) +Grievance Committee +1. A Grievance Committee shall be established in each federal entity to consider employee +grievances regarding penalties imposed on them by the Employer or any other +procedures or resolutions taken against them. +2. The Executive Regulations herein shall regulate the procedures and duration for +submitting a grievance, the provisions for the formation of the committee, its working +mechanisms and the issuance of its resolutions, and other provisions related thereto. +3. The Employee shall complain about the resolutions issued in his regard before the +Grievance Committee before objecting thereto, and submitting the grievance shall not +result i n stopping the implementation of the resolution complained of. +4. The Federal Entity shall be committed to the resolution of the Grievance Committee and may not object to it in accordance with article (44) herein. +5. The Grievance Committee shall issue its resolution not to accept the grievance if the +applicant has no interest in it or if it is not submitted in accordance with the periods and +procedures specified by the Executive Regulations herein. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (44) + Objections Committee +1. By a resolution of the head of the FAHR, a committee called the ""Objections Committee"" +shall be formed to consider objections submitted by federal government employees to the resolution of the Grievances Committee in accordance with the procedures, +mechani sms and periods specified by the Executive Regulations herein. The resolutions +issued by the Objections Committee shall be final. +2. The lawsuit filed by the Employee before the judiciary based on the provisions herein or +its Executive Regulations or the resolutions issued for their implementation shall not be +accepted if it was not preceded by resorting to the Grievances Committee and the +Objections Committee within the periods and in accordance with the procedures and +conditions specified by the Executive Regulations herein. +Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government 25 + " +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (45) +Cases +1. Cases related to administrative resolutions issued in application of the provisions her ein +shall not be heard after the expiration of a period of (60) sixty days as of the date of +certain knowledge of the resolution. +2. Cases relating to challenges to federal decrees issued to terminate service shall not be +heard. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (46) +Issuing Executive Regulations, Resolutions and Regulatory Laws +The Council of Ministers, based on the FAHR proposal, shall issue the following: +1. The Executive Regulations herein; +2. Job evaluation and description law in the federal government; +3. Performance management law for federal government employees; +4. Training and development law for federal government employees; +5. Rewards and incentives law for federal government employees; +6. Work law in the federal government under emergency conditions; +7. Any other resolutions or regulations related to the provisions herein. + + +" +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (47) +Final Provisions +1. The re solutions of the Council of Ministers issued prior to the issuance herein regarding +the exception of some federal entities from the application of the Human Resources Law in the Federal Government or some of its provisions shall be considered valid unless the +Council of Ministers decides otherwise. +2. The grade and salary scales approved prior to the entry into force of the provisions herein shall remain in force unless they are amended by the Council of Ministers. +Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government 26 + 3. The Council of Ministers may change the periods stipulated herein according to the +changes and needs of the work, and what is required by the public interest. + + +" +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (48) +Repeals +1. Federal Law by Decree No. (11) of 2008 Concerning Human Resources i n the Federal +Government and its amendments shall be repealed. +2. The resolutions, regulations, and laws implementing Federal Law by Decree No. (11) of +2008 shall continue t o be in force, to the extent that they do not conflict with the +provisions herein, until the issuance of the laws, regulations, and resolutions that replace +them. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (49) of 2022 on Human Resources in the Federal Government,"Article (49) +Publication and Entry into Force of the Law by Decree +This Law by Decree shall be published in the Official Gazette, and shall be effective from +January 02, 2023. + + + + + +Mohammed Bin Zayed Al Nahyan +UAE President + +Issued by us in the Presidency Palace in Abu Dhabi on: +On: Rabi' al- Awwal 07, 1444 H +Corresponding to: October 03, 2022. " +"labour, residency and leberal professions",Cabinet Resolution No. (33) of 2022 Concerning Work Injuries and Occupational Diseases,"Article (1) +Definitions +The definitions stated in the aforementioned Federal Law No (33) of 2021 shall apply to this +Resolution; otherwise, the following words and phrases shall have the meanings assigned to each +of them, unless the context r equired otherwise: +Medical Authority : Any federal or local governmental health facility that provide +health affairs in the State or any private health facility licensed to +provide health services in the State / +Health Authority : Any federal or local governmental authority concerned with +regulating health affairs, each within the lim its of its competence . + +" +"labour, residency and leberal professions",Cabinet Resolution No. (33) of 2022 Concerning Work Injuries and Occupational Diseases,"Article (2) +Identification of Work Injuries & Occupational Diseases +1. Occupational diseases shall be determined according to T able No. (1) attached hereto. Cabinet Resolution of 20 22 Concerning Work Diseases and Occupational Injuries 2 + 2. Work injuries that result in permanent total disability shall be determined in accordance with +Table (2) attached hereto. +3. Work injuries that result in permanent partial disability shall be determined in accordance +with Table (3) attached hereto. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (33) of 2022 Concerning Work Injuries and Occupational Diseases,"Article (3) +Procedures and Requirements to be Followed in the Event of Work Injuries or +Occupational Diseases +If a worker sustained a work injury or an occupational disease as shown in Tables 1, 2, and 3 +attached thereto, the employer or his legal representative sh all act as follows: +1. Report the incident to the medical authority. +2. Report the competent police station according to the geographical scope. The report shall be +made immediately in the event of a work injury as a result of an accident or any injury other +than occupational disease, and the notification shall be from the date of the employer +knowledge of the existence of a suspected occupational disease. +3. Report the Ministry through the channels designated for that within a maximum period of +(48) forty -eight hours from the date of his knowledge of the suspected occupational disease +or from the time of the occurrence of any other work injury, provi ded that the notification +shall include the name, age, occupation, nationality, work destination, and identity number +of the worker and a brief description of the accident or the occupational disease, its +circumstances, and the procedures that were taken t o aid and treat the worker. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (33) of 2022 Concerning Work Injuries and Occupational Diseases,"Article (4) +Conducting Investigations into Work Injuries & Occupational Diseases +1. The competent investigation authority at the police station shall carry out the necessary +inference and investigation procedures according to the procedures followed in this regard, +immediately after receiving the report, provided that these procedures shall prove whether +the occurrence of the injury was work -related or not, and whether its occurrence was +expected or it was the result of any of the following reasons: +a. If the injury was a deliberate self -injury; Cabinet Resolution of 20 22 Concerning Work Diseases and Occupational Injuries 3 + b. If the injury was a result of a direct consequence of the worker deliberate misconduct; +c. If the injury occurred under the influence of alcohol, drugs or other psychotropic +substances; +d. If the injury was a direct consequence of a deliberate violation of the precautionary +instructions affixed in conspicuous places at the workplace. +2. An inspector from the Ministry or the relevant authorities (health authorities or +municipalities) shall assist the investigation authorities in collecting evidence if necessary. +3. The statements and information included in the investigation shall be conside red mere +inferences to be used by the medical authority, and it shall have the final decision regarding +the existence of a work injury or not. +4. The investigation authority shall also provide the Ministry with a copy of the result of the +procedures it carri ed out, along with a copy of the inference record. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (33) of 2022 Concerning Work Injuries and Occupational Diseases,"Article (5) +Medical Report +1. Upon completion of treatment, the treating medical authority shall prepare a report on the +work injury or occupational disease, in which it shall specify the injury, the type o f +occupational disease, the cause of any of them, the date of its occurrence, its relevance to +work, the duration of treatment, the degree of disability, whether it was total or partial, and +the extent of the ability of the injured worker to continue to wo rk. +2. The report of the medical authority shall be approved by the federal or local governmental +health authority affiliated to it. The approval shall be based on the recommendation of a +specialised medical committee or through any other system followed by the health authority. +The report shall be given to the worker and a copy thereof to the employer, and a copy thereof +shall be sent to the Ministry. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (33) of 2022 Concerning Work Injuries and Occupational Diseases,"Article (6) +Details of the Work Injuries & Occupational Diseases +1. All medical authorities in the State shall periodically provide the Ministry with data on work +injuries and occupational diseases that they receive through approved electronic systems, Cabinet Resolution of 20 22 Concerning Work Diseases and Occupational Injuries 4 + provided that the data shall include the name of the worker, identification number, +nationality, plac e of injury, date of injury, Emirate, degree of injury, and name of the health +authority. +2. All medical authorities shall record the data referred to in the item (in the national health file +of the patient) of this article through the approved systems, and health authorities in the +country shall verify this before approving the report. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (33) of 2022 Concerning Work Injuries and Occupational Diseases,"Article (7) +Employer Obligation for Work Injuries and Occupational Diseases +Compensation +In cases of work injuries and occupational diseases, the employer shall pay the due compensation +to the worker according to the Tables attached hereto, taking into account the following +provisions: +1. The total disability of the function of any organ or part of the body shall be equivalent to the +total loss of that organ or part of the body. +2. If the injured worker was left -handed, all compensations listed in the attached tables for left - +hand injuries shall be considered as if they were for the right -handed. +3. In cases of corruption, mutilation or abnormal change of any body organ or any part of the +body or any of the senses not mentioned in the tables attached hereto, the degree of disability +shall be assessed by the competent medical committee. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (33) of 2022 Concerning Work Injuries and Occupational Diseases,"Article (8) +Updating Schedules +The Minister, in coordination with the Ministry of Health and Community Protection, may update +Table No. (1) attached hereto regarding occupational diseases if needed. + + + + + Cabinet Resolution of 20 22 Concerning Work Diseases and Occupational Injuries 5 + " +"labour, residency and leberal professions",Cabinet Resolution No. (33) of 2022 Concerning Work Injuries and Occupational Diseases,"Article (9) +Publication and Enforcement +This Resolution shall be published in the Official Gazette and enter into force as of the day +following the date of its publication in the Official Gazette. + +Mohammed bin Rashid Al Maktoum +Prime Minister + +Issued by Us , +On: 10 Ramadan 1443 A.H. +Corresponding to: 11 Apri l 2022 AD + Cabinet Resolution of 20 22 Concerning Work Diseases and Occupational Injuries 6 + SCHEDULES ANNEXED TO CABINET RESOLUTION NO. 33 OF 2022 +REGARDING WORK INJURIES & OCCUPATIONAL DISEASES + +SCHEDULE NO. (1) +Occupational Illness + +Disease -Causing Work Diseases + Serial +No. +Any occupation that requires use or handling of +lead or its compounds containing lead. Poisoning by lead and lead +compounds 1 +Any occupation that requires the production, use or +disposal of mercury and its components, in addition +to any work involving e xposure to dust or gases of +mercury or its components or materials containing +mercury. Poisoning by mercury and its +compounds 2 +Any occupation that requires the production, use or +disposal of arsenic and its components, in addition +to any work involving exposure to dust or gases of +mercury or its components or materials containing +arsenic. Poisoning by arsenic and its +compounds 3 +Any occupation that requires use or handling of +antimony or its components or exposure to the dust +or gases of antimony or its components or items +containing antimony. Poisoning by Antimony and its +contents 4 +Any occupation requiring use or handling of +phosphorus or its components or exposure to the +dust or gases of phosphorus or its components or +items containing phosphorus. Poisoning by phosphorus and +its compounds 5 +Any occupation that requires use or han dling of +benzene and its derivatives or its compounds or Poisoning by petroleum and its +similar products, gases, or its 6 Cabinet Resolution of 20 22 Concerning Work Diseases and Occupational Injuries 7 + exposure to the dust or vapours of benzene +whether in solid, liquid or gaseous form. + various compounds and +derivatives +Any occupat ion that requires the production, use or +disposal of Manganese and its components, in +addition to any work involving exposure to dust or +gases of mercury or its components or materials +containing Manganese. Poisoning by manganese and +its compounds 7 + +Disease -Causing Work Diseases + Serial +no. +Any occupation that requires use or handling of +sulphuric metal or its components or any items +having sulphuric content or exposure to the dust +and gases of sulphuric metal and its components or +any items having sulphuric content. Poisoning by sulphur and its +compounds 8 +Any occupation that requires use or handling of +chloroform or carbon tetrachloride or exposure to +the gases containing them. Poisoning with anaesthesia or +carbon tetrachloride 9 +Any occupation that requires exposure or radium or +any o ther radio -active substance or X=rays. Diseases caused by radium or +x-ray reflective materials 10 +Any occupation that requires use or handling of tar +or coal tar equipment, mineral oil or kerosene (or +cement, flour or similar dust or any of their +compound s, products or residues). Incurable skin diseases, skin +and eye burns 11 +Any occupation that requires recurrent or +continuous exposure to reflection of light, heat or +radiation emitted by molten glass, hot or molten +metals or exposure to powerful light and high +temperature that could cause harm to eye or sight. Effect on the e ye due to heat +and light and their effects 12 Cabinet Resolution of 20 22 Concerning Work Diseases and Occupational Injuries 8 + Any occupation that requires exposure to silicon +dust or any items with silicon content in a +concentration of more than 5%, such as work in +rock cement factories, sandblasting of metals or any +other occupatio n requiring a similar exposure, as +well as any work requiring exposure to asbestos or +cotton dust to such an extent as to result in such a +disease. Diseases resulting from +exposure to: +1 – Silica dust. +2 – Asbestos dust. +3 – Cotton dust. +4 – Any other dust that may +cause lung injury. 13 +Any occupation that requires contact with animals +affected by such a disease or with their skins, horns +and hair. Anthrax 14 +Any occupation that requires contact with animals +affected by this disease. Ascites disease 15 +Any occupation in hospitals providing treatment +patients affected by this disease. Pulmonary Tuberculosis 16 +Any work in hospitals specialized in the treatment +of this disease. Enteric Fever 17 + + Cabinet Resolution of 20 22 Concerning Work Diseases and Occupational Injuries 9 + SCHEDULE NO. (2) +PERMANENT TOTAL DISABILITY COMPENSATION ASSESSMENT + +Percentage Nature Of Permanent Disability Disability +Degree +100 1. Loss of both arms from the shoulder, or loss of any two or +more body parts. +Total 100 2. Total loss of eye sight or loss of both eyes. +100 3. Total Paralysis. +100 4 Imbecility or total mental deficiency. +100 5. Wounds or injuries to the head or brain that cause a +constant headache. +100 6. Total disfigurement of face. +100 7. Wounds and injuries in the chest and internal organs that +cause permanent and complete disruption in the functioning +of the organs. + +Table No. (3) +PERMANENT PARTIAL DISABILITY COMPENSATION ASSESSMENT +Percentage Nature Of Permanent Disability Disabili ty +Degree +90 1. Loss of both legs from the thigh. +Partial 85 2. Loss of hands from the elbow or above. +80 3. Severe disfigurement of the face. +70 4. Total loss of both hands from the elbow. +70 5. Total loss of right arm from shoulder joint or from the +elbow. +70 6. Loss of both legs from the knee or above. +60 7. Total loss of left arm from the shoulder joint or from the +elbow. Cabinet Resolution of 20 22 Concerning Work Diseases and Occupational Injuries 10 + +Percentage Nature Of Permanent Disability Disability +Degree +60 8. Loss of one leg from the knee or above. +60 9. Loss of the right arm from or below the elbow. +60 10. Loss of one leg from the thigh. +60 11. Loss of both legs from below the knee. +60 12. Loss of right hand fingers including thumb. +50 13. Loss of left arm from above or below the elbow. +50 14. Loss of the left hand fingers including thumb. +50 15. Loss of one leg below the knee. +50 16. Total and permanent loss of hearing. +45 17. Loss of tongue or permanent dumbness. +45 18. Loss of both feet from the ankle or below. +45 19. Loss of genital organ. +45 20. Loss of sight of one eye. +38 21. Loss of right hand from the wrist. +35 22. Loss of thumb or four fingers of the right hand. +34 23. Loss of left hand from the wrist. +25 24 Loss of thumb or four of the left hand fingers. +20 25. Loss of one foot from the ankle or below. +20 26. Loss of all toes of one foot including the big toe. +15 27. Loss of three of the right hand fingers excluding the thumb. +15 28. Loss of the index finger of the right hand. +10 29. Loss of the phalanges joint of the right hand thumb. +10 30. Loss of the index finger of the left hand. +10 31. Loss of three of the left hand fingers excluding the thumb. +10 32. Loss of all toes foot of one excluding the big toe. + + Cabinet Resolution of 20 22 Concerning Work Diseases and Occupational Injuries 11 + Percentage Nature Of Permanent Disability Disability +Degree +10 33. Loss of big toe of one foot. +6 34. Loss of the last phalanges joint of the left foot great toe. +6 35. Loss of the right hand middle finger. +6 36. Loss of the left hand middle finger. +6 37. Loss of the right hand annular finger. +6 38. Loss of the left hand annular finger. +6 39. Loss of the right hand auricular finger. +6 40. Loss of one finger of the left hand. +5 41. Loss of the phalanges joint of any finger excluding the +thumb. +5 42. Loss of the right hand index finger second joint. +5 43. Loss of the foot toes excluding the great toe. +3 44. Loss of one molar tooth. +2 45. Loss of one canine tooth. + " +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (1) +Definitions +The same definitions contained in Federal Decree -Law No. (49) of 2022 Concerning H uman Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 2 + + Resources in the Federal Government shall apply to this Resolution, and otherwise, the following +words and phrases shall have the meanings assigned to each of them, unless the context +otherwise requires: +Human Resources Law / +Law : Federal Decree -Law No. (49) of 2022 Concerning Human +Resources in the Federal Government. +FAHR Chairman : Chairman of the Federal Authority for Government Human +Resources. +Employment Offer : Initial approval of the appointment by the Employer. +Grade and Salary Scale : The approved scales of grades and salaries for Federal +Government employees. +Probationary Period : The period stipulated in the Law, which enables the Entity to +evaluate the Employee's performance, and enables the +Employee to familiarise himself with his job duties and access +to the work environment, based on which, the Employment +Contract is continued or terminated in accordance with the +provisions of the Human Resources Law and this Resolution. +Organisational Unit : The administrative unit stated in the organisational structure +of the Federal Entity +Table of Powers and +Liabilities : A document issued by the Chairman of the Federal Entity +specifying the employees entrusted with the implementation +of the powers that may be delegated in accordance with the +provisions of the Human Resource s Law, its Executive +Regulation and the resolutions issued in implementation +thereof. +Outsourcing : The implementation of part of the tasks and operations +entrusted to Federal Entities through companies to which +some government services are outsourced, and which are Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 3 + + contracted in accordance with the procedures prescribed in +this regard. +Persons with disabilities : Every person suffering from a temporary/ permanent, full/ +partial deficiency or infirmity in his physical, sensational, +mental, c ommunicational, educational or psychological +abilities to an extent decreasing the possibility of satisfying his +ordinary requirements in the conditions of people without +disabilities. +Grievance Committee : The committee formed in each federal entity to c onsider the +grievances of employees against the sanctions imposed on +them by the employer or any other procedures or decisions +taken against employees. +Committee for +Considering Objections : The committee formed at the level of the Federal Government +to consider the objections of employees of federal entities to +the resolutions or procedures issued against them. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (2) +Scope of Application +1. The provisions of this Resolution shall apply to civil servants in federal entities, including +entities whose establishment legislation stipulates the existence of independent human +resources regulations. +2. Federal entities and their employees that are excluded by a Cabinet Resolution shall be +excluded from the application of the provisions of this Resolution , provided that the exception +decision shall specif y the provisions and obligations of those entities, and said entities shall +provide real -time data for human resources working for them, including wages and salaries +and all procedures re lated to their human resources by linking with the systems approved by +the FAHR. Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 4 + + 3. The Cabinet resolutions issued prior to the issuance of Federal Decree -Law No. (49) of 2022 +Concerning H uman Resources in the Federal Government and this Resolution, concerning the +exclusion of certain federal entities from the application of the Human Resources Law in the +Federal Government or some of its provisions, shall be considered in force unless the Cabine t +otherwise decides. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (3) +Human Resources Department Tasks +1. The Human Resources Department in the Federal Entity shall implement and apply the +provisions stipulated in this Resolution and any resolutions or systems issued in +implementation thereof. +2. The concerned organi sational units of each federal entity shall refer to that department in all +technical matters related to human resources. +3. The Human Resources Department in the Federal Entity shall refer to FAHR in the matters it +encounters when implementing the provisions of the human resources legislation adopted in +the Federal Government. +4. The concerned organi sational units of the Federal Entity shall abide by the principles and +policies stipulated in this Re solution and any resolutions or systems issued in implementation +thereof, and ensure that they are applied to employees fairly and equally with the aim of +creat ing a work environment that stimulates performance. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (4) +Table of Powers and Liabilities +The Chairman of the Federal Entity shall issue a Table of Powers and Liabilities related to this +Resolution in accordance with the Powers Guidelines issued by FAHR in this regard. Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 5 + + Human Resource Planning +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (5) +Organi sational Structure +1. Federal entities shall have their own organi sational structures that are commensurate with +their competences and needs, and shall be approved by the Cabinet . +2. When preparing and updating organi sational structures, federal entities shall abide by the +mechanisms st ipulated in the Organisational Structures Preparation Guide approved by the +Cabinet . +3. Any update to the organisational structure from the level of departments and above shall be +approved by the C abinet , and what is less than that shall be appro ved by the Chairman of the +Federal Entity in accordance with the Organisational Structures Preparation Guide or +mechanisms approved by the C abinet in this regard. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (6) +Job Budget ing +The Federal entity shall plan the jobs of the organisational units listed in the organisational +structure in an effective manner and in a manner that ensures focus on the main objectives and +processes of its work, in order to ensure that these jobs cover all the tasks entrusted to the Federal +Entity a nd without overlap or conflict between those jobs , in light of the provisions contained in +the job evaluation and description system approved by the Federal Government, the approved +human resources systems and manuals, and the workforce planning system. + Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 6 + + " +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (7) +Human Resources Budget +Within its general budget, each federal entity shall have an annual human resources budget that +is commensurate with its approved organisational structure , in accordance with the manpower +planning system and the relevant human and financial resources systems and manuals. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (8) +Amendment of Financial Allocations +The Chairman of the Federal Entity or his authori sed representative may amend the financia l +allocations for the vacant jobs included in the approved human resources budget within the limits +of the budget allocated for those jobs , and in accordance with the financial rules in force in the +Government, provided that such amendment does not entail any additional financial burdens on +the approved Federal Entity's budget or on the approved human resources appropriations in +accordance with the approved financial systems in this regard. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (9) +Employment Patterns and Types of Work +1. Recruitment in federal entities shall be made according to one of the foll owing employment +patterns : +a. Full -time : Working for one federal entity for the full daily working hours throughout +official working days. +b. Part -time: Working for a federal entity for a specific number of working hours or days +scheduled for work. +c. Temporary work: Work f or full daily working hours daily throughout working days, but +within a temporary contract period, in order to carry out work of which nature requires a +specific period or focuses on a specific work and ends upon its completion, provi ded that Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 7 + + its duration is less than one year. +d. Flexible work : Working for a federal entity with the possibility of changing the hours or +working days according to the volume of work and the economic and operational +variables of the Employer. +2. The types of work approved in federal entities shall be as follows: +a. In-house work : Work performed by the employee as determined by the Entity , eithe r at +its headquarters or at the headquarters of any of its branches, throughout the official +working days and hours. +b. Remote work from within the State : It is when t he employee work s or carries out job +tasks from outside the workplace but from within the State, in accordance with the +provisions of the Remote Work System issued by the C abinet upon the proposal of FAHR , +provided that the employee receives the financial allocations determined by the same +system. +c. Remote work from outside the State : It is when the employee works or carries out job +tasks from outside the State , in accordance with the provisions of the Remote Work +System from outside the State issued by the Cabinet upon the proposal of FAHR , provided +that the employee receives the financial allocations determined by the same system. +d. Intensive working hours (compressed work week): It is the work under which the +employee covers the entire official weekly working hours in fewer working days per week, +up t o a maximum of ten (10) hours per day and four (4) working days per week. +e. Hybrid work: A work system based on mixing in -house work with remote work, where it +is agreed and contracted with the employee to perform part of the tasks of the job or work +required of him from the headquarters of the Entity and the other part through remote +work, with the permissibility of mixing more than one pattern of other work patterns. +3. The benefits and wages of the employee shall vary according to the employment pattern , the +type of work contracted with the employee, and the mechanisms and benefits of contracting. +In all cases, the Employer may contract with the employee to carry out the tasks required of him Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 8 + + from the Entity's headquarters or from outside it, or with in a work pattern that is a hybrid of the +above patterns as required by its work interest, and the Chairman of the Federal Entity or his +authorised representative may change the type of work of the employee during the valid period +of the contract or at the end of its term based on the works' interest and requirements and in +accordance with the conditions and controls contained in this Resolution and the systems issued +by the Cabinet in this regard. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (10) +General Controls for Contracting +1. The term of the contract according to any pattern of employment shall not exceed three (3) +years, renewable based on the employee's job performance, except the temporary contract, +which shall be less than one year, as determined by the Employer. +2. The job shall be occupied or the tasks agreed upon in the federal entities shall be carried out +in accordance with one of the employment patterns and types of work st ipulated in article (9) +of this Resolution, and in accordance with the human resources procedures and systems +adopted in the Federal Government, including obtaining the necessary approva ls from the +competent authorities. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (11) +Mechanism of Transforming Employment Pattern or Type of Work +1. The Employer may, based on what is required by its work interest and in accordance with the +approved human resources procedures, change the patter n of employment, type of work or +contracting mechanism during the validity period of the contract or upon its expiry, in +accordance with the controls contained in this Resolution , and within the financial allocations +approved in the Entity's budget. +2. The Employer may, at the request of the employee, change the pattern of employment or the +type of work with him, provided that the request is commensurate with the work interest of Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 9 + + the Federal Entity, up to a maximum of two times during the period of his service in the Federal +Government . +3. In the event that the pattern of employment is changed from one pattern to another, the +mechanism for calculating leaves , promotions, bonuses and end -of-service gratuity shall +be modified so that they are calculat ed as pro rata of the hours or days of work for which +the employee is contracted compared to the full-time pattern . +In all cases, the employee's employment pattern or type of work must not be changed before +staying in the previous pattern for one year. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (12) +Financial Allocations +The salary prescribed for the job and the associated benefits, allowances or wages for carrying out +the agreed tasks shall vary according to the pattern of employment and the type of work with the +employee, as follows: +1. Subject to the pattern of employment and type of work, the employee shall be entitled to +the salary of the grade in which he is appointed in accordance with the Grade and Salar y +Scale approved by the Federal Entity or according to the special benefits or the benefits of +the expe rts and consultants attached to this Resolution or the wage for performing the +services and tasks agreed upon under the contract concluded with the employee in the +event of full official working hours. +2. The salary or wage st ated in Clause (1) above for the employee in the event of part -time +shall be calculated as pro rata with the w orking hours or days. +3. The employee who works in a temporary work pattern shall receive the salary of the grade +on which he is appointed in accordance with the Grade and Salar y Scale approved by the +Federal Entity, or according to the special benefits, or the benefits of the experts and +consultants attached to this Resolution , or the wage for performing the services and tasks +agreed upon u nder the contract concluded with the employee, provided that the pattern Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 10 + + of employment, type of work and the time frame of the contract for less than one year are +taken into account . +4. The employee who works remotely shall receive the financial allocations d etermined by +the remote work system issued by the Cabinet upon FAHR's proposal . + +Provisions on Employment Patterns in the Federal Government +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (13) +Full -Time Pattern +1. Appointment shall be made on a full -time basis in accordance with the following provisions: +a. The existence of the financial allocation for appointment in the approved budget of the +Employer . +b. The candidate for appointment must have one of the qualifications, exper tise or skills in +the field of work of the job in which he is appointed in accordance with the job evaluation +and description system. +c. The employment contract shall be concluded in accordance with the provisions of this +Resolution. +2. The employee of this pattern shall receive the salary prescribed for the grade he occupies and +the benefits prescribed there for in accordance with the Grade and Salar y Scale approved by +the Federal Entity, or according to the special benefits, or the benefits of the experts and +consul tants attached to this Resolution , or the wage for performing the services and tasks +agreed upon under the contract concluded with the employee, and according to the nature +and type of job and within the limits of the financial allocations approved in the Entity's +budget. +3. The types of work applicable to full -time employees shall be as follows: +a. Full -time in-house or remote work from within the State , or a hybrid work pattern . +b. Remote w ork from outside the State in accordance with the Law issued in this regard. +c. Intensive working hours not exceeding ten (10) hours per day and four (4) working days Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 11 + + per week. +d. Hybrid working pattern that combines the above patterns. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (14) +Part -Time Pattern +1. Appointment in the p art-time pattern shall be made in accordance with the following +provisions: +a. The existence of the financial allocation for appointment in the approved budget of the +Employer . +b. The candidate for appointment must have one of the qualifications, exper tise or skills in +the field of work of the j ob in which he is appointed in accordance with the job evaluation +and description system. +c. The employment contract shall be concluded in accordance with the provisions of this +Resolution. +d. Working hours shall not be less than (8) hours and not more than (32) hours per week, +and working days shall be not less than one working day and not more than (4) four days +per week. +e. Part -time working hours shall be either in-house, remote , or both, or as agreed upon and +in a manne r that does not conflict with the interest of work. +2. Appointment shall be made according to a monthly gross salary, determined according to the +grade of the vacant job on the basis of the employee's gross salary, or according to special +benefits, or the ben efits of experts and consultants attached to this Resolution , or the wage of +services based on the nature and type of the job assuming that he works full -time in the job +for which he is appointed at the beginning of the appointment divided by the number of +monthly official working hours multiplied by the actual working hours that the employee +works during the month. +3. The employee's employment pattern may be changed from a part -time pattern to a full -time Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 12 + + pattern and vice versa at the employee's requ est and as determined by the Employer if the +interest of the work so requires, provided that the change is on the same job and the same +grade, and that the financial allocation for the grade is available, and in accordance with the +provisions of this Resol ution . +4. Subject to Clause (2) of this article, a part -time employee may be promoted or transferred in +accordance with the provisions of the Human Resources Law, this Resolution and the +Performance Management System. +5. The FAHR shall issue a guide line to regul ate the procedures and mechanisms for calculating +wages, leaves and promotions for part -time employees in a manner that does not conflict with +the provisions of the Human Resources Law and this Resolution . +6. In matters not covered by a special provision in t his article, the part -time employee shall be +subject to the other provisions and rules contained in this Resolution . +7. The types of work applicable to the part -time employee shall be as follows: +a. Part -time in -house or remote work from within the State, or a hybrid work pattern. +b. Part -time remote work from outside the State . +c. Hybrid work that combines the above patterns . +8. The part -time employee may work in more than one federal entity or work in a federal and +local or private sector entity. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (15) +Temporar y Work Pattern +1. Appointment based on a t emporary work pattern shall be in accordance with the following +provisions: +a. The existence of the financial allocation for appointment in the approved budget of the +Government Entity . +b. The candidate for appointment must have one of the qualifications, expertise or skills in +the field of work of the job in which he is appointed in ac cordance with the job evaluation Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 13 + + and description system. +c. The employment contract shall be concluded in accordance with the provisions of this +Resolution. +d. The existence of a work of which nature of implementation requires a specific period or +focuses on a s pecific work and ends upon its completion. +e. The employee appointed in the temporary employment pattern shall be entitled to the +salary of the grade in which he is appointed in accordance with the Grade and Salar y Scale +approved by the Federal Entity or according to the special benefits or the benefits of the +experts and consultants attached to this Resolution for performing the services and tasks +agreed upon under the contract concluded with the employee and according t o the nature +and type of the job. +f. The appointment shall be for a period less than one year , and the Federal Authority may +conclude a new contract with the employee if the interest of the work so requires. +2. The employee appointed by the temporary employment pattern shall be entitled to the +following leaves: +a. Mourning leave with pay in accordance with the provisions of this Resolution . +b. Sick leave with pay by virtue a medical report approved by a medical authority for a period +not exceeding five (5) consecutive or intermittent working days, and what exceeds that +shall be without pay. +c. Leave without pay for a period of five (5) consecutive or intermittent working days . +3. The mourning leave and sick leave stated in this article shall be payable during the single +contractual period. +4. The Employer may terminate the contract of an employee appointed under this article at any +time during the contract period, provided that he is notified one month before the date +determined for termination of his service . +5. The non -national employee must have a valid residence permit in a manner that does not +conflict with the legislation in force in the State in this regard. Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 14 + + 6. The employee appointed in the temporary employment pattern shall not be entitled to an end - +of-service gr atuity for the period of his service. +7. Based on what is required by the interest of work during or at the end of the temporary +contract period, an employee appointed in a temporary work pattern may be appointed in a +permanent position commensurate with his qualifications, exper tise and abilitie s, provided +that his contract s hall be amended and that his service period in the Federal Authority begins +as of the date of his appointment to a permanent job. +8. The types of work applicable to employees appointed in the temporary employment pattern +shall b e as follows: +a. Temporary work in-house or remotely from within the State or in a hybrid work pattern. +b. Temporary remote work from outside the State . +c. Temporary work with intensive working hours. +d. Hybrid work that combines the above patterns. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (16) +Flexible Working Pattern +1. Appointment in a flexible work pattern shall be made with variable times according to the +conditions and requirements of work and according to what is agreed upon between the +employee and the Employer, in accordance with the follow ing provisions: +a. The existence of the financial allocation for appointment in the approved budget of the +Employer . +b. The candidate for appointment must have one of the qualifications, exper tise or skills in +the field of work of the job in which he is appoint ed in accordance with the job evaluation +and description system. +c. The employment contract shall be concluded in accordance with the provisions of this +Resolution. +d. According to this pattern, the employee shall receive the salary prescribed for the job grade Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 15 + + he occupies and the benefits prescribed for it in accordance with the Grade and Salar y +Scale approved by the Federal Entity or according to the special benefits or the benefits of +the experts and consultants attached to this Resolution , the wage for performing the +services and tasks agreed upon under the contract concluded with the employee and i n +accordance with the nature and type of the job and within the limits of the financial +allocations approved in the Entity's budget. +2. The types of work applicable to the employee appointed in the flexible working pattern shall +be as follows : +a. Full -time in -house or remote work from within the State, or a hybrid work pattern. +b. Remote work from outside the State in accordance with the system issued in this regard. +c. Intensive working hours. +d. Hybrid work that combines the above patterns. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (17) +Appointment According to the Benefits of Experts and Consultants +The Chairman of the Federal Entity or his authorised representative may, in accordance with the +matrix of powers and liabilities approved by the Federal Entity , appoint experts and consultant s +with the expertise and competence needed by the Federal Entity on a full -time , part -time or +temporary basis, in accordance with the human resources procedures and systems adopted in the +Federal Government and the following provisions: +1. The contracted pers on must have academic qualifications, speciali sed certificates and +practical experience in the same field of the job which he is required to occupy and accomplish +its tasks . +2. The existence of the financial allocation within the approved budget of the Employ er. +3. It is not permissible to appoint employees according to the benefits of experts and consultants +to perform administrative or executive functions. +4. The appointment shall be on the benefits of experts and advisors only for the incumbents of Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 16 + + the positions (consultant/ expert) or (assistant consultant/ assistant expert). +5. The contracted person shall receive a monthly amount, including allowances, bonuses and +benefits that are agreed upon, including end -of-service gratuity, within the limits of the +financial allocations approved in the budget, not exceeding the financial ceiling st ipulated in +Annex No. (5) attached to this Resolution , taking into account granting the employee a salary +of pro rata if the pattern of employment is in part-time , to be dis bursed from the approved +financial item in the budget of the Federal Entity, while abiding by the financial procedures +manual approved by the Federal Government . +6. Notwithstanding the provisions of this article, the Chairman of the Federal Entity may, as an +exception whenever the work interest so requires , and with the approval of the Cabinet , allow +the appointment of experts and consultants without fulfilling the condition of the minimum +period of experience of ten (10) years, or that the financial ceiling is exceeded for them, +provided that the value of the required increase is available within the budget of the Federal +Entity. +7. Experts and consultants shall be subject to the provisions of the leaves stipulated in this +Resolution . +8. The disbursement of the benefits of experts and consultants shall be suspended in the event +that the employee takes any leave for a period exceeding three (3) months , for the duration of +the leave, provided that it is disbursed after the end of the leave. +9. The contract of the employee on the job may not be amended to add the benefits of experts +and consultants until the lapse of twelve (12) months as of the last promotion granted to the +employee. +10. The financial benefits of the employee appointed according to the benefits of exp erts and +consultants may not be increased and his category may not be changed to a higher category +unless a fter a t least three (3) years as of the previous amendment. +11. The benefits of experts and consultants may not be increased for the employee except within +a maximum of (25) of the previous gross salary, whether when renewing or amending any of Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 17 + + the terms of the contract . +12. The employee appointed according to the benefits of experts and consultants shall not be +entitled to a periodic bonus or any o ther bonus , tuition fee allowance, travel ticket allowance +or in -kind housing. +13. (National) experts and consultants shall be subject to the provisions of pensions and social +security adopted by the Federal Government . +14. The non -national employee appointed according to the benefits of experts and consultants +shall not be entitled to an end -of-service gratuity for his service years with the Federal Entity. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (18) +Appointment According to Special Benefits +The Chairman of the Federal Entity or his authorised representative may, in accordance with the +matrix of powers and responsibilities adopted in the Federal Entity , appoint any one with the +expertise and competence needed by the Federal Entity, in accordanc e with the special benefits +specified in Annex No. (6) attached to this Resolution , in any of the vacant senior positions (from +the second grade to the special grade (A) or its equivalent ), whether full -time, part -time, or +temporary, in-house or remotely, in accordance with the following provisions: +1. The existence of the approved and prescribed financial allocations for the vacant position in +accordance with the special benefits attached to this Resolution . +2. The candidate for appointment must ha ve academic qualifications and practical exper tise in +accordance with the job evaluation and description system. +3. The qualification, exper tise or skill must be in the same field of work as the job in which he is +appointed . +4. It is not permissible to appoint e mployees according to special benefits allocations to perform +administrative or executive job duties. +5. It is not permissible to combine any type of promotion with the increase of special benefits +before twelve (12) months have elapsed after either of them. Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 18 + + 6. The contract of an employee on the job may not be amended by adding special benefits until +after twelve (12) months a s of the last promotion received by the employee. +7. The employee's special benefits may only be increased within a maximum of (25%) of the +previous gross salary, whether when renewing or amending any of the terms of the contract. +8. The Chairman of the Federal Entity or his authorised representative may, in accordance with +the matrix of powers and responsibilities a dopted in the Federal Entity m ay approve all +functional and financial privileges granted in accordance with the ceiling of special benefits +attached to this Resolution , in line with the special needs of his entity and within the limits of +the appropriations included in the budget, and not exceeding the ceiling of special benefits +attached to this Resolution , taking into account granting the employee a salary on a pro rata +basis if he works in a part -time employment pattern. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (19) +Student Employment and Training Manual +The FAHR shall issue a manual that includes the terms, controls and conditions for the +employment and training of students in Federal Entities. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (20) +Priority in Appointment +1. The State's nationals shall have priority in appointment to any of the vacant jobs in F ederal +Entities, and non -nationals may be appointed in the absence of nationals who meet the +conditions and requirements of the vacant job. +2. Discrimination on the basis of race, colour, sex, religion, national origin, social origin, or +disability , that would impair equal opportunities or prejudice equality in obtaining or retaining +a job and enjoy ing its rights , is prohibited, as well as discrimination in jobs with the same job +tasks . The measures taken by the Federal Government to benefit from the capabilities of +Emirati cadres and enhance their competitiveness in Federal Entities shall not be considered Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 19 + + as discrimination. +3. The basic criterion for priority when recruiting in Federal Entiti es is based on the skill set +possessed by the employee and on the results of the evaluation and tests that the employee +undergoes by the Employer. +4. Qualified disabled nationals shall be a ssigned tasks that suit their health status, provided that +they are provided with all the means appropriate to perform their job duties and their +workplaces are equipped with the means and requirements that suit the nature of their special +needs. +5. The FAHR shall , in coordination with the concerned authorities, determin e the nature of the +arrangements needed by people with disabilities in the work environment to ensure the safe +conduct of their work. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (21) +General Provisions on Employment +Subject to article (10) of this Resolution, the employment contract shall be signed after the +issuance of the appointment decision by the Competent Authority in accordance with the human +resources procedures and systems adopted in the Federal Government an d the fulfilment of the +following: +1. The candidate must successfully pass all medical tests and examinations, and any other +procedures decided by the Entity. +2. Submit ting electronic copies of scientific certificates approved, certified and equ ated by the +Compe tent Authority in the State and in accordance with the mechanisms approved by the +Federal Government, along with electronic copies of practical experience certificates certified +in accordance with the legislation in force. +3. Work shall commence within a peri od of months (2) as of the date of signing the job offer or +as of the date specified by the Federal Entity, and the period may be extended for a similar +period. Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 20 + + 4. The employment contract shall be subject to the provisions contained in the Human +Resources Law , this Resolution, the Performance Management System and other related +systems and the provisions contained in the contract form attached to this Resolution . +5. The signing of the contract shall be in accordance with the mechanisms determined by the +FAHR . +6. A contract is considered to be the document adopted over any previous agreement with the +employee. +7. The employee may be appointed in any type of contract or work patterns stated in this +Resolution . + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (22) +Search and Selection +1. Each federal entity shall seek to select and appoint the most qualified individuals to fill its +vacan t jobs , while a biding by the standards of excellence, efficiency, justice and objectivity +during all stages of research and selection. +2. The Human Resources Department in the Federal Region shall search for the best suitable +candidates for its vacan t jobs , giving priority to filling vacant jobs for candidates from within +the Federal Entity. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (23) +Personal Interview +1. No a ppointment shall be made without an interview with the candidate for the job by the +concerned department, and the candidate for the job from outside the State shall not be called +for an interview , except after conducting a telephone or video interview with him. +2. The Federal Entity may conduct any tests or carry out any procedures to evaluate the +candidate for the job in accordance with the systems and guidelines issued by the FAHR. +3. The most competent candidates for the job shall be selected in terms of fulfilling the Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 21 + + requirements for the job, skills, behavio ural qualities, competence and professionalism, +according to the job evaluation and description system. +4. During the final interview, the Human Resources Department shall provide the selected +candidate with general in formation about the Federal Entity in accordance with the +procedures stipulated in the Guid eline of the Induction Program for New Employees in the +Federal Government and related guidelines . +5. The Federal Entity may provide a travel ticket for the candidate i n the event that he is recruited +from outside the State in addition to the accommodation costs as deemed by the FAHR not +exceeding three (3) days. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (24) +Attraction, Recruitment , and Employment Process +The Human Resources Department in the Federal Entity is responsible for managing and +coordinating the employment process to fill vacant jobs and providing technical help , advice and +assistance to the requesting departments and sections with the aim of secu ring their needs of +suitable candidates in accordance with the Human Resources Policies and Procedures Guideline +and the systems adopted in the Federal Government. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (25) +General Conditions f or Appointment +Without prejudice to any special conditions and requirements for occupying the job, and with the +need for the candidate to submit supporting and evidentiary documents, the candidate for +appointment in one of the public service jobs shall meet the following conditions: +1. He shall be of good conduct and behavio ur. +2. His age shall not be less than the legal age approved for work ing in the State. +3. He m ust have scientific and practical qualifications, or the skills necessary to occupy the job. +4. He shall s uccessfully pass all job -related tests and interviews. Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 22 + + 5. He shall be medically fit. +6. He sh all not have been dismissed from previous service due to financial or behavio ural +(ethical) violations. +7. The applicant must have proof of his national and reserve service status if he is one of the +categories subject to the scope of application of the provisions of the Federal Law for National +and Reserve Service in the State. +8. Any other conditions determined by the Federal Entity. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (26) +Appointing Authority +1. Appointment in vacant jobs in Federal Entities shall be as follows: +a. By a federal decree based on the approval of the Cabinet , for jobs at the rank of +undersecretary, director general or the like. +b. By a Cabinet resolution , for jobs at the rank of assistant undersecretary or executive +director or the like . +c. For t he other jobs, the powers of appointment shall be in accordance with the Table of +Powers and Liabilities approved by the Chairman of the Federal Entity. +2. The employment contracts for the job of undersecretary or director general and the job of +assistant undersecretary o r executive director or the like shall be approved by the Chairman +of the Federal Entity after the issuance of the decision of the Competent Authority approving +the appointment, and the contracts for the other jobs shall be approved in accordance with +the Table of Powers and Liabilities approved by the Chairman of the Federal Entity. + Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 23 + + " +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (27) +Appointment of Retired Military and Civilian Nationals in the Federal +Government +1. A military or civilian retiree may be appointed to fill vacant jobs or carry out tasks in any of the +Federal Entities in accordance with the legislation adopted in the State, based on any of the +patterns of employment or types of work in the Government Entity, provided that the +candidate for appointment is not a military and civilian retiree whose services were +terminated in their previous employer by firing , dismissal or referral to retirement by a +disciplinary decision or a final court judgment . +2. The retired military person who is appointed in the Federal Government shall be granted a +lump sum on the basis of the starting salary determined for the rank in which he is appointed +plus (50% ) of the prescribed housing allowance, and shall not be entitled to an end -of-service +gratuity upon the termination of his service. +3. The retired civil ian who is appointed in accordance with the provisions of this article shall be +entitled to financial alloca tions in accordance with the Pensions and Social Security Law. +4. The retired military or civilian pe rson shall not be entitled to end -of-service gratuity except +within the limits of the Pensions and Social Security Law and the legislation adopted in this +regard. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (28) +Outsourcing +The Federal entity may outsource some job tasks to outsourcing service providers in accordance +with the controls contained in the Outsourcing Manual approved by the Cabinet . Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 24 + + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (29) +Probationary Period +1. The first -time employee shall be subject to a probationary period of (6) six months, which may +be extended for a similar period if the employee's performance is low, and the Cabinet may +exempt or reduce that period for those appointed in the rank of undersecr etary, director +general or the like in Federal Entities. +2. It is permissible, by a decision issued by the competent appointing authority, to subject the +employee transferred from an external entity (federal, local, semi -governmental or private +sector) to the probationary period referred to in Clause (1) of this article. +3. The employee's direct superior shall carry out a c lose follow -up to evaluate the performance +and behavio ur of the employee according to clear principles during the probationary period, +in acco rdance with the human resources procedures and systems adopted in the Federal +Government, and provide all help , assistance and guidance to improve his job performance +and behavio ur before the end of the probationary period, and in light of the evaluation result, +he shall recommend either to fix him in the job, extend the probationary period in accordance +with this Resolution , or terminate his services if it is proven that he is unf it for the job. +4. The probationary period of the employee shall be extended to the same period as any leave +granted there to during the probationary period. +5. During the probationary period, the service of the employee may be terminated if it is proved +that he is incompetent or unfit to perform his job duties or due to his unsatisfactory +performance by a decision of the competent appointing authority, in accordance with the +approved mechanisms, provided that he is granted a notice period of not less than five (5) +working days. +6. The employee may resign from his job during the probationary period, provided that his +employer is notified by his direct superior within a period of not less than five (5) working +days. Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 25 + + 7. The entitlements of the employee whose services are terminated for job incompetence during +the probationary period shall be calculated according to the following: +a. Gross salary due until the end of his last working day. +b. Travel ticket allowance for him and his eligible family members in the event of leaving t he +State if stipulated in the employment contract. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (30) +Code of Ethics and Professional Conduct Document of the Public Service +Before commencing his duties, the employee shall review the Code of Ethics and Professional +Conduct Document of the Public Service for Federal Government Employees, the Information +Security System, the Regulation Organising the Use of Social Media, and any manuals, regulations +or systems subsequently issued in this regard, and he shall sign a statement indicating that he has +reviewed their content in accordance with the mechanisms determined by the Entity. + +Bonuses and Allowances +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (31) +Grade and Salary Scales +1. All grades and salaries of federal entities shall be approved by the Cabinet as follows: +a. As for the scales of grades and salaries of federal entities that apply the general cadre scale, +they shall be proposed by the FAHR in coordination with the Ministry of Finance and +submitted to the Cabinet for approval. +b. As for the scales of federal entities that have their own grade and salary scale , the +concerned authority shall propose them and submit them to the Cabinet for approva l, +after reviewing them and obtaining the views of the FAHR and the Ministry of Finance on +them . +2. The basis for a doption and review of all grade and salary scales shall be as follows: Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 26 + + a. The grade for the job in the Federal Government shall be determined in accordance with +the mechanism determined by the job evaluation and description system issued by a +decision of the Cabinet upon a proposal from the FAHR. +b. Equal pay for males and females. +c. The gross salary sh all be approved within the Grade and Salary Scale . +3. Federal entities shall abide by the Grade and Salary Scale adopted therein in accordance with +the provisions of the Human Resources Law, and no exceptions or amendments may be m ade +there to, and no new bonuses, allowances, bonuses, annual financial grants or other +amendments may be approved, except after the approval of the Cabinet . +4. The scales of grades, salaries and allowances adopted in F ederal Entities shall continue to be +in force before the provisions of Federal Decree -Law No. (49) of 2022 Concerning H uman +Resources in the Federal Government and this Resolution enter into force, and no amendment +may be made to them except by a resolution issued by the Cabinet . +5. Federal entities that have their own salary scales previously approved by the boards of +directors shall submit such scales to the Cabinet for approval, within six (6) months as of the +date of issuance of this Resolution . + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (32) +Effect of Appointment +1. The job s hall be determined for the employee upon appointment on the basis of the +employee's set of skills and competences based on the results of the evaluation and tests +conducted by the employer of the employee. +2. Upon his appointment, the employee shall be granted a starting salary linked to the job grade +in which he is appointed, in accordance with the approved grade and salary scales, and the +employee shall be entitled to his salary as of the date of his actual commencement of the job. +3. The competent appointing authority may grant the employee whose period of experience +exceeds the period required to occupy the job (5%) of the basic salary of the job grade in which Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 27 + + he is a ppointed for each year of experience, to be added to the beginning of the link ed salary , +provided that it does not exceed (50%) of the value of the basic salary or the starting salary of +the next grade, whichever is less, provided that the experience is in the same field of the job, +and the availability of the financial allocation, and in accordance with the controls and +mechanisms determined by the job evaluation and description system . +4. The employee's work pattern and the type of contract must be taken into account when +determining the salary of the appointed employee, as stated in this Resolution . + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (33) +Minimum Salary for National Employees +The Cabinet may issue a resolution specifying the minimum gross salary for national employees, +which shall be reviewed whenever necessary. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (34) +Updat ing Grade and Salary Scales +A resolution shall be issued by the Cabinet to update the grade and salar y scales as follows: +1. Based on a proposal from the FAHR in coordination with the Ministry of Finance regarding +the general cadre scales . +2. Based on a proposal from the Federal Entity after the review of the FAHR and the Ministry of +Finance regarding the entities that have their own grade and salar y scales . + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (35) +Academic Qualification Bonus +1. A national employee shall be entitled to a monthly bonus for a master's degree or a +doctoral degree and their equiva lent according to the following: +a. One thousand (1000) AED for master's degree. Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 28 + + b. Two thousand (2000) AED for doctoral degree. +2. To be entitled to this bonus , the academic degree must correspond to the nature of the +employee's work, without prejudice to the rights acquired prior to the entry into force of +this Resolution . +3. Said allowance shall be granted to all those entitled there to, even if the condition f or +occupying the job requires obtaining these qualifications, provided that such degrees are +certified and equ ated by the competent authorities in the State in accordance with the +legislation in force. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (36) +Technical Bonus +1. National employees who occupy technical, speciali sed or vocational positions or who have +distinguished technical skills shall be granted a technical bonus at the rates determined in the +table st ated in Annex (4) attached to this Resolution . +2. To grant this bonus , the following con ditions must be met: +a. The employee must have a university degree or its equivalent, a post -secondary diploma +or its equivalent in the field of speciali sation, or have a distin guished technical skill that +qualifies him to occupy technical, speciali sed or vocational jobs . +b. The employee must be practi sing a speciali sed, technical or vocational work in the entity +in which he works, and said bonus shall continue to be paid in the event that he assumes +a supervisory position related to such technical work. +3. The technical bonus shall continue to be paid to nationals and non -nationals to whom the +bonus has already been paid in accordance with the rules governing th e same in this +Resolution . +4. The payment of this bonus shall be suspended in the event of the absenc e of any of the +conditions for obtaining it, as well as in the event of the employee's transfer, secondment or +delegation on a full -time basis to a job whose occupant is not entitled to such bonus, or if he Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 29 + + takes any paid leave for a period exceeding three (3) months. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (37) +Categories Subject to Technical and Academic Qualification Bonus +The academic qualification bonus and the technical bonus prescribed under articles (35) and (36) +of this Resolution shall be granted to national employees subject to the grade and salary scales +approved by Cabinet Resolution No. (23) of 2012, and any subsequent amendments thereto. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (38) +Mechanism for Adding New Jobs to Qualify for Technical Bonus +1. The FAHR's Federal Committee for the Evaluation and De scription of Jobs shall be responsible +for classifying and determining the jobs for which the technical bonus is paid in coordination +with the Federal Entities. +2. The Federal Entity that deems it necessary to add new jobs to the ones that are entitled to a +technical or vocational bonus shall submit a case study to the FAHR on the jobs proposed to +be added to the jobs eligible for this bonus, including the following: +a. A statement of the job description for each proposed job. +b. Indicate the importance of the job compared to similar jobs and at the same level in other +organisational units. +c. Mak ing a comparison of salaries and wages in the labo ur market for jobs to be classified +as technical/ speciali sed/ vocational . +d. Provid ing a vision of the expected cost stating the estimated numbers of employees +occupying those jobs in the concerned entity. +e. Provi ding a statement of the competitors that recruit persons with competences who work +in the same jobs for which a technical, speciali sed or vocational bonus is required , +supported by statistics . +f. Job turnover and the time required to recruit the incumbents of the jobs targeted for the Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 30 + + bonus , supported by statistics. +3. The Federal Entity shall submit to the FAHR and the Ministry of Finance a vision f or the jobs +eligible for this bonus , including numbers and cost, for approval before submitting it to the +Cabinet for approval. +In all cases, the disbursement of this bonus shall be suspended when any of the conditions for +granting it stipulated in this Resolution is not met. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (39) +Retirement of Nationals +1. The National employee s hall be registered in the retirement programs in force with the +General Pension and Social Security Authority (GPSSA) . +2. The monthly contributions of the insured employees shall be deducted by the employer for +the purposes of transferring them to the GPSSA in accordance with the legislation in force in +this regard. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (40) +Periodic Bonus +1. The employee shall be granted a periodic bonus as a lump sum to be determined in the Grade +and Salary Scales not exceeding (1 ,000) AED per month, to be added to his basic salary at the +beginning of January of each year, based on the level of his annual performance evaluation in +accordance with the Performance Management System , and according to the Federal +Government 's deci sion whether t o grant it or not during the annual cycle . +2. Subject to the provisions of Clause (1) above, the periodic bonus shall be disbursed to the new +employee on the first of January following the expiry of at least one year as of the date of his +appointment. Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 31 + + Transfe r, Secondment, Loan , and Borrowing +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (41) +Trans fer +The employee may be transferred from one federal entity to another federal entity or to a local +entity without prejudice to his financial dues, unless he refuses to do so , or upon his request . He +may also be transferred to the private sector upon his request, in accordance with the human +resources procedures approved by the Federal Government , and in accordance with the following +controls and provisions: +1. The transferred employee must meet the conditions for occupying the job to which he is +transferred. +2. His serv ice shall be deemed to be continuous subject to any effects thereof in accordance with +the provisions of the Pensions and Social Security Law. +3. The transferred employee shall retain his entitlements and the annual leave balances due +there to from the employer from which he is transferred, if the transfer is within the Federal +Government. +4. The entity to which the employee is transferred shall bear al l costs and fees that may result +from the transfer, including any differences in contribution premiums in accordance with the +provisions of the Pensions and Social Security Law. +5. The transfer of the n employee outside the Federal Entity shall be with the co nsent of the entity +from which he is transferred and the entity to which he is transfer red. +6. The employee may be transferred to a job commensurate with his medical condition based +on the report of the Medical Committee and in accordance with the transfer ru les stipulated +in this Resolution . +7. The employee may be transferred to a higher vacant job in the entity to which he is transfer red, +provided that he meets the conditions necessary to occupy it in accordance with the +provisions of the Human Resources Law, this Resolution and the Job Evaluation and +Description System, and in accordance with the provisions of promotion. Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 32 + + 8. The employee may be transferred to any other federal entity with the same job grade and +financial allocations, and in the even t of the transfer of the employee during the fiscal year, his +salaries and financial allocations shall continue to be disbursed from the entity from which he +is transferred until the end of the fiscal year, provided that the budget procedures are followed +in this regard. +9. Any of the employees may be transferred within the Federal Entity based on the requirements +of the work interest. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (42) +Power of Transfer +The powers of transfer shall be as follows: +1. The position of undersecretary, director general or the like, by a decision issued by the +Chairman of the Federal Entity based on the approval of the Cabinet in the event of transfer +within the Federal Entity and by a federal decree in the event of transfer outside the Federal +Entity. +2. The position of assistant undersecretary or executive director or the like, by a decision issued +by the Chairman of the Federal Entity based on the approval of the Cabinet in the event of +transfer within the Federal Entity, and a Cabinet resolution in the event of transfer outside the +Federal Entity +3. Other jobs , by a decision issued by the Chairman of the Federal Entity or his authorised +represe ntative in the event of transfer within the Federal Entity and with the approval of +chairm an of the entity from which it is transferred and the chairman of the entity from which +it is transferred in the event of transfer outside the Federal Entity to any other entity, in +accordance with the human resources procedures and systems approved by the Federal +Government . +4. As an exception to the provisions of the above Clauses , any employee may be transferr ed from +his employer to any other federal entity with or without his grade and financial allocations, by Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 33 + + a Cabinet resolution , based on the requirements of the public interest. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (43) +Secondment +By virtue of a decision issued by the Chairman of the Federal Entity or his authorised +representative, t he employee may be seconded within the Federal Entity or to another federal +entity in accordance with the human resources procedures and approved approv als to carry out +the duties of a vacant job or replace its absent incumbent in accordance with the following +conditions: +1. The employee may not be seconded to more than one job in addition to his original job. +2. The secondment shall be in addition to or withou t his original duties. +3. It is not permissible to second to a job of a grade that is three grades higher than the current +grade of the employee. +4. The secondment decision shall determine the duration of secondment and may be extended +for similar periods by a decision issued by the same authority competent with secondment . +5. The seconded employee shall be subject to all the provisions in force in the entity to which he +is seconded, save the periodic bonus, promotion an d termination of service, which are subject +to the provisions in force at his original employer. +6. The employee's secondment may be terminated at any time before the expiry of its duration . +7. The imposition of sanctions for violations committed by the employee seconded outside the +Federal Entity shall be within the competence of the entity to which he is seconded , if the +secondment is on a full -time basis and in accordance with the administrative procedures and +sanctions in force there in. +In all cases, the appr oval of the Cabinet shall be required to second the occupants of the positions +of undersecretary, director general, assistant undersecretary, executive director , or the like , to any +other entity . Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 34 + + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (44) +Secondment A llowance +The employee shall be granted a secondment allowance from the entity to which he is seconded +as of the date of assuming the duties of secondment at the rate of (25%) of the starting basic salary +of the grade to which he is seconded, provided that: +1. The secondment must be in addition to his original job duties. +2. The period of secondment shall exceed (2) months. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (45) +End of Secondment +Upon the expiry of the secondment period, the employee may be transferred or promoted to the +job to which he has been seconded, in accordance with the provisions of the transfer and the +provisions of promotion stipulated in this Resolution. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (46) +Loan +1. By virtue of a decision issued by the Chairman of the Entity or his authorised representative, +the employee may be loaned to any federal or local entity, to companies owned by the Federal +Government or to the private sector for a period not exceeding one year, after which the +employee shall be returned to his employer or transferred to the borrowing entity. +2. By virtue of a Cabinet resolution, the employee may be loaned to any of the Arab, foreign or +regional entities and organi sations for a period not exceeding one year, which may be +extended to similar periods by a Cabinet resolution , in accordance with the following +provisions and controls: +a. Approval of the competent authorit ies at the lending entity and the borrowing entity. Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 35 + + b. Coordination with the Ministry of Foreign Affairs and International Cooperation. +3. The loaned employee shall receive his gross salary, leaves and other entitlements from the +borrowing entity to which he is delegated a s of the date of commencement of the loan until +the date of its expiry, provided that this is agreed upon before commencing the loan . +4. If the loan is to regional or international entities based outside or inside the State, the +employee shall be entitled to his gross salary from his original employer in addition to any +amounts, benefits or allo cations received from the borrowing entity, and the Cabinet may +grant the employee additional benefits if circumstances so require. +5. The loaned employee shall be entitled to his leaves from the borrowing entity. +6. The Federal Entity shall have the right to fill the job that becomes vacant due to the loan inside +or outside the State ; and upon the employee's return from the loan , it must return him to a job +determined by the original employer without prejudice to his job grade and financial +entitlements. +7. The duration of loan shall be included when calculatin g the pension or retirement gratuity. +8. During the period of loan , the loaned employee shall be subject to the policies and procedures +applicable to the borrowing entity, save termination of service which falls under the authority +of his original employer. +9. The imposition of sanctions for violations committed by the loaned employee s hall be within +the jurisdiction of the borrowing entity in accordance with the administrative procedures in +force therein , provided that the lending entity s hall be notified of the violation committed by +him and the administrative sanctions imposed there on. +10. The performance of the loaned employee is evaluated in coordination with the borrow ing +entity in accordance with the Federal Government Employees Performance Management +System. +11. The loaned employee may be promoted at his original employer during the loan period in +accordance with the procedures in force at the lending entity. In all cases, the loaned employee +shall not be entitled to any leaves from the lending entity. Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 36 + + In all cases, the approval of the Cabinet is required for the loan of the positions of undersecretary, +director general, assistant undersecretary, executive director or the like , to any other entity . + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (47) +Borrowing +By virtue of a decision of the chairman of the entity or his authorised representative, any of the +employees of federal entities, local, Arab or foreign governments, Arab, foreign or regional entities +and organi sations, or the private sector may be borrowed to work for them in accordance with +the periods specified in the borr owing decision, and they may be extended for similar periods . In +all cases , the following conditions are required: +1. Approval of the lending and borrow ing entities . +2. The borrowing decision shall specify the entity that incurs the salaries and entitlements of the +borrowed employee, including any differences in the contribution premiums to the retirement +program that applies to the loaned employee. +3. The borrowing federal entity must obtain the approval of the Ministry of Foreign A ffairs and +International Cooperation if it desire s to borrow from entities outside the State , or from Arab, +foreign or regional entities and organi sations. +4. The borrowing federal entity must obtain the approval of the Ministry of Finance to borrow +the emplo yee in the event that the value of the financial allocations for the loaned employee +exceeds the value of the financial allocations specified for the job grade that he will occupy +during the borrowing period in the federal entity's budget. +In all cases, th e approval of the Cabinet is required to borrow the incumbents of the positions of +undersecretary, director general, assistant undersecretary, executive director or the like, to any +other entity . + Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 37 + + " +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (48) +Extension of Loan and Borrowing +Notwithstanding the provisions of article (46) and article (47) of this Resolution , the period of +loan and borrowing between federal entities and any other entity shall not exceed one year, after +which the employee shall either be returned to a currency en tity or transferred to the entity to +which he is loaned , and the period shall not be extended except after obtaining the approval of +the Cabinet . + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (49) +End of Loan and Borrowing +1. The loan or borrowing shall end in the following cases: +a. The expiry of the loan or borrowing period or the expiry of the extension period. +b. Upon a written request from the loaned or borrowed employee, and the approval of the +lending and borrowing entities. +c. Upon the request of the lending entity or the borrow ing entity . +2. The loaned employee must return to the lending entity within (5) five working days as of the +date of expiry of the loan if it is inside the State , and within one month if the loan is outside +the State , unless otherwise agreed upon between hi m and hi s original employer. +3. The party wishing to terminate the loan or borrowing must give the other party at least one +month's written notice before the end date of the loan or borrowing . + +Performance and Reward +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (50) +Performance Management System +The employee's performance shall be evaluated in accordance with the provisions of the +Performance Management System issued by the Cabinet upon the FAHR 's proposal. Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 38 + + " +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (51) +Measuring Productivity +The FAHR shall issue a guide line to measure the product ivity and efficiency of federal government +employees to support entities in promoting and achieving their goals, in accordance with +standards, mechanisms and digital solutions that support productivity measurement. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (52) +Rewards and Incentives +Rewards and incentives shall be granted to the employee in accordance with the provisions of the +Rewards and Incentives System issued by the Cabinet upon the proposal of the FAHR and in +coordination with the Ministry of Finance. + +Promotions +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (53) +Types of Promotions +Employees may be promoted according to the following types of promotions: +1. Functional promotion. +2. Financial promotion . +3. Exceptional (functional or financial ) promotion. +4. Fast track for promising government talent s. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (54) +Functional Promotions +The functional promotion s hall be carried out in accordance with the human resources +procedures and digital approvals approved by the Federal Government, and according to the +following: Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 39 + + 1. Promotion to a vacant position according to the following conditions: +a. The promotion must be for the next direct grade . +b. Achiev ing the performance levels required for promotion according to the Performance +Management System. +2. Promotion to a vacant new position due to restructuring or to redistributin g of duties and +liabilities, with a maximum of two grades from the current grade of the employee to be +promoted, provided that the required level of performance is achieved . +3. The promotion of the employee shall be made by granting him the starting salary of the grade +to wh ich he is promoted or by granting him a financial increase of (10%) of the basic salary of +the grade to which he is p romoted, whichever is higher. +4. The employee may not be functionally promoted unless after the lapse of three (3) years as of +the previous ex ceptional functional promotion. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (55) +Financial Promotions +Upon the approval of the Chairman of the Federal Entity or his authorised representative, the +employee may be granted a financial promotion at his current job grade, at a maximum rate not +exceeding (10%) of the basic salary . The employee may be promoted at lower rates, provided that +the employee achieves the performance levels required for promotion in accordance with the +Performance Management System . + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (56) +Exceptional Promotions +Upon the approval of the Chairman of the Federal Entity or his authorised representative, the +employee may be promoted as an exception, in accordance with the Performance Management +System and as follows: +1. Exceptional functional promotion: A distinguished employee may receive an exceptional Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 40 + + functional promotion by no more than t wo grades to a vacant position, provided that the +employee is granted the starting salary of the grade to which he is promoted, or a financial +increase of (20%) of his current basic salary, whichever is higher, provided that the employee +has the skills and abilities that suit the requirements of the new job. +2. Exceptional financial promotion: A distinguished employee may receive an exceptional +financial promotion not exceeding (20%) of his basic salary on his current job grade. +3. The employee may not be exceptionally promoted unless after at least three (3) years as of the +previous exceptional promotion. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (57) +Fast Track for Promising Government Talent s +1. Notwithstanding the provisions of this Resolution, it is permissible, by virtue of a decision +issued by the Chairman of the Federal Entity, if the interest of work so requires, to promote the +talented employee with high efficiency and outstanding achievement , who is considered one +of the most promising leaders or competencies in the government, acco rding to the Fast Track +for Government Talents, to three job grades, provided fulfilling that the following: +a. Achieving a performance level for the last two years at level (5) or its equivalent, according +to the approved Performance System . +b. The talents, efficiencies and skills enjoyed by the employee sh all be reflected in increasing +the quality and productivity of the employer according to performance indicators, to be +measured and documented a s well as the results of evaluating the employee's abilities . +c. The percentage of employees classified within the cate gory of promising government +talents annually , according to the Fast Track , shall not exceed (5%) of the total employees +working in the Federal Entity. +d. The financial allocations for promotion shall be available in the approved budget of the +Entity. +e. The emp loyee may not be promoted according to this Track except once throughout the Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 41 + + period of his service in the Federal Government . +f. The employee's promotion according to this Track shall not prevent him from obtaining +any other promotion after a period of twelve (12) months. +2. If the promotion of the employee in accordance with this Track reaches the grade of assistant +undersecretary or executive director or the like, a resolution shall be issued by the Cabinet to +its effect , and if it reaches the grade of undersecretary or director general or the like, a federal +decree shall be issued to its effect . + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (58) +General Provisions on Promotions +Promotion controls shall be as follows: +1. The existence of the financial allocation for any type of promotion. +2. The existence of a v acan t job for functional promotion, exceptional promotion, or the F ast +Track for Promising Government Talent s. +3. The issuance of the promotion decision by the c ompetent appointing authority, except for the +financial or exceptional financial promotion of the undersecretary, the director general, the +assistant undersecretary, the executive director or the like in the Federal Entity, which shall be +by virtue of a de cision to be issued by the Chairman of the Federal Entity after coordination +with the concerned authorities in accordance with the procedures approved by the Federal +Government. +4. The p romotion shall be effective as of the date of issuance of the decision regarding it , and no +promotion may be granted retroactively . +5. The order of seniority of the appointment shall not be taken into account when considering +promotion, unless the performance evaluation is equal. +6. The employee may not receive any type of promotion until after twelve (12) months as of the +date of the last promotion. +7. The employee may not be promoted during a study leave, except for doctors or any other Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 42 + + category determined by the Cabinet . +8. All types of promotions shall follow the controls and procedures of human resources and +digital approvals a dopted in the Federal Government before the issuance of the promotion +decision. +9. No administrative sanction shall have been imposed on the employee during the evaluation +year unless the legal effect thereof is erased . +10. The employee must achieve the required level of perfo rmance in accordance with the +approved Performance Management System . +11. The Federal Entity may not reappoint any person in a grade higher than the grade he has +occupied within one year as of the date of termination of his service, with the intention of +violating the promotion controls stipulated in this Resolution. +12. Priority for promotion s hall be given to employees with speciali sed or vocational certificates +who have future skills based on the results of the ability evaluation . +13. The employee from the supervisory category must pass the ability evaluation for personnel +and resources management in accordance with the manual issued by the Cabinet upon the +FAHR 's proposal. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (59) +Adjustment of Employees' Status es +The status es of employees holding university qualifications or vocational or speciali sed +certificates in the Federal Government shall be a djusted in accordance with the provisions of the +Cabinet resolution to be issued in this regard upon the proposal of the FAHR . + Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 43 + + Training & Development +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (60) +General Policy +1. Federal entities are committed to maintaining trained and qualified human resources, as well +as training their employees and developing their functiona l knowledge, skills and capabilities +in accordance with the Training and Development System issued by the Cabinet upon the +FAHR 's proposal. +2. When developing a training plan, the priority shall be given to employees of Federal Entities +for digital and self-learning and development programs in order to enhance their skills +through e -learning platforms a dopted in the Federal Government in accordance with the +mechanisms, controls and procedures adopted in this regard. +3. The aim of training and development sh all be to obtain vocational or speciali sed certificates +in order to support the efficiencies , capabilities and skills of Federal Government employees +to enhance government work and in accordance with future trends . +4. The Federal Entity shall motivat e its emp loyees to obtain self-learning and continuing +education to develop their skills and abilities. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (61) +Training Plans +Federal entities shall develop and implement annual plans for the training and qualification of +employees at all levels of employment in light of the results of performance evaluation , and +whenever the need arises. + + Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 44 + + " +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (62) +Scholarships +1. Federal Entities may provide scholarships to the following categories: +a. Graduates of high school nationals to study professional or technical specialties . +b. Some of its national employees to complete their undergraduate or postgraduate studies +or to obtain accredited vocational certificates according to their functional and +professional needs. +2. The Cabinet shall , upon the FAHR 's proposal, issue a system of scholarships for employees +and attract ing students to complete their studies to obtain university or vocational certificates . + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (63) +Training Needs and Mechanisms of R egistration for Training +Subject to the provisions of article (61) of this Resolution, the Federal Entity shall determine the +annual training needs of its employees, in light of the strategic objectives and policies adopted +therein , and analyse the training and development needs t hrough multiple sources, such as +annual performance evaluations of employees and their managers, and in accordance with the +mechanisms of the approved training and development system. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (64) +Authority Competent with I ssuing the Decision to Delegate to T raining Courses +and Programs +1. Employees are authori sed to enrol in training courses and programs with financial impact by +virtue of a decision issued in accordance with the Table of Powers and Liabilities approved by +the Entity, whether the training is in person or electronically ; and this includ es all types of +training, including obtaining vocational or speciali sed certificates or to enhance skills in line +with the requirements of government work. Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 45 + + 2. In the absence of a financial impact, employ ees shall be authorised to enrol in training +courses and programs of any kind by the organisational unit concerned with training in +the federal entity in coordination with the organisational unit to which the employee +belongs. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (65) +Nomination to Attend Training Courses and Programs +1. Employees may be delegated to training courses and programs outside or inside the State +within the limits of the financial allocations approved for them. +2. When nominating some of their employees to attend training courses and programs, Federal +Entities shall abide by the following: +a. Commitment to the dates set for training courses and programs that are accurately +determined by the training bodies abroad. +b. Ensur ing the existence of financial allocations in the budget of the Federal Entity to +calculate the expenses resulting from the delegation . +3. The training course or program shall have a direct connection to the work carried out by the +delegate or wh o will join him in accordance with his career and the individual development +plan determined by the Performance Management System and the Federal Government +Employees Training and Development System issued by the Cabinet upon the proposal of the +FAHR and in accordance with the human resources procedures and systems adopted in the +Federal Government. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (66) +Fees for Digital Courses and Training Programs +In the event of approving that the employee is enroll ed in a digital training program, the Federal +Entity shall incur the fees for the course /the digital training program, and the fees for obtaining +vocational and speciali sed certificates only, and in which case, the employee shall not be entitled Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 46 + + to any allowances or other expenses granted to t he employee who is personally d elegated inside +or outside the State to attend training programs and courses. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (67) +Duties of the Trainee in Training Courses and Programs +The delegate or participant in the training course or program shall comply with the following: +1. Attend ing the course or training program on a regular basis according to the approved +schedules. +2. Preserving the reputation of the State. +3. The trainee shall achieve the results set by the employer to measure the impact of the train ing. +4. Abiding by the approved training and development system. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (68) +Termination of Employee Participation in Training Course +1. In accordance with the Table of Powers and Liabilities , the participation of the delegated +employee in the training course or training program may be terminated if his circumstances, +work need or public interest so require. +2. In the event that the delegate violates the obligations stipulated in this Resolution , the course +shall be terminated and the delegate shall be obli gated to refund all the financial allocations +disbursed there to and he shall be subjected to appropriate disciplinary sanctions. + +Official and Training Missions +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (69) +Authority Competent With Delegation to Official Missions +1. Delegation to official mission inside or outside the Sate shall be by virtue of a decision +issued by the authority determined by the Table of Powers and Liabilities. The Chairman Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 47 + + of the Federal Entity may also delegate non -government employees who are related to or +competent with the objectives of the mission to official missions outside the State or +include them in official delegations . The delegate shall be treated according to the category +determined by the delegation decision, provided that the decision specifies the entity +incurring the costs . +2. The delegation decision shall include a statement of the nature and objectives of the +mission, the employee assigned to perform it, the entity to which he is delegated, and the +duration of the delegation. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (70) +Duration of Delegation to Official M ission s +1. The duration of the “outside the State ” delegation shall be determined by the duration and +nature of the official mission in addition to the period of round -trip travel, provided that the +period does not exceed one day before or after the mission if the duration of the delegation +trip exceeds (1 0) hours. +2. The duration of the “inside the State ” delegation shall be determined by the actual days of the +official mission. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (71) +Duties of the D elegate in Official Mission +The delegate shall: +1. Observe ethical conduct standards in all his acts, in a manner that reflects the civilised image +of the State. +2. Dedicate his time to the purpose for which he is delegated, and must be of a good conduct +maintain ing the reputation of the State and respecting the traditions of the country to which +he is delegated . +3. Notify his employer of any obstacles that he may encounter during the period of delegation Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 48 + + through official channels. +4. Submit, upon his return, a detailed report on the results of the offic ial mission to which he has +been delegated . + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (72) +Allocations for Delegation to Training Programs and Official Missions +1. In addition to his gross monthly salary, the employee delegated to an official mission, training +course or program to obtain vocational or speciali sed certificates “outside the State ” shall be +granted a delegation allowance for each day spent on the mission or course / program, and +said allowance shall include accommodation, food, petty cash and transportation expenses, +as shown in Table (A) contained in Annex No. (2) attached to this Resolution . +2. The employee delegated to an official or training mission “outside the State ” shall be regarded +as fully ente rtained if the entity to which he is delegated provides accommodation, food and +transport allowance or expenses. +3. If the entity to which the employee is delegated does not provide, during the official mission +or training course , the expenses of accommodatio n, the employee shall be regarded as +partially entertained and shall be entitled to the allowance stated in the Table referred to +above. +4. The Federal Entity shall incur the accommodation and living expenses of the delegate on an +official mission, course or training program within the State in addition to his gross monthly +salary, provided that the distance from the workplace exceeds one hundred (100) kilometr es, +and that the duration of the mission or course exceeds one day. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (73) +Travel Tickets for Training Programs or Official Missions +1. The travel class for the employee delegate d to an official or training mission outside the State +shall be as shown in Table (B) contained in Annex No. (2) attached to this Resolution. Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 49 + + 2. The employee shall be entitled to a ticket from the workplace in the State to the country to +which he is delegated and vice versa. +3. Notwithstanding the provisions of this Resolution , the travel class for the employee entitled +to an economy class shall be amended to business class for official missions in which the travel +period exceeds ten (10) hours. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (74) +Medical Treatment of a Delegate to O fficial or Training Mission +The employee delegated to an official mission, course or training program outside the State is +entitled to the expenses of medical treatment during the delegation period, to be paid by virtue of +receipts certified by the State's Embassy, one of its competent offices, or the responsible health +authorities in the country of d elegation , as the case may be, provided that these expenses are paid +from the approved budget of the Federal Entity. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (75) +Other Expenses +1. The Government shall incur the expenses of transporting government al baggage and official +papers required for the official mission. +2. The employer of the employee delegated to an official or training mission shall be responsible +for obtaining the required visas and the fees for their issuance from the concerned authorities , +while the employee shall be responsible for ensuring that his passport and all other official +documents are in good order and valid. + Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 50 + + Leaves and Types Thereof +" +"labour, residency and leberal professions",Cabinet Resolution No. (48) of 2023 Concerning the Executive Regulation of Federal Decree by Law No. (49) of 2022 of Concerning Human Resources in Federal Government,"Article (76) +Leaves +1. Vacations shall be classified as follow s: +a. Annual leave. +b. Maternity leave. +c. Parental leave. +d. Sick leave. +e. Mourning leave. +f. Study leave. +g. National and reserve service leave. +h. Leave without pay. +i. Iddah leave. +j. Hajj leave. +k. Patient accompanying leave outside the country. +l. Patient accompanying leave within the country. +m. Sabbatical leave to represent the State. +n. Sabbatical leave for self -employment. +2. An employee may not be absent from his work, except within the limits of his approved leave +periods, or with an acceptable excuse accepted by the Entity in accordance with the provisions +of the Human Resources Law or this Resolution , and the regulatory decisions implementing +them ; otherwise , the absence from work shall be considered an absence without an +acceptable excuse and one of the reasons for termination of service stated in the Decree -Law . + Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 51 + + Article (77) +Annual Leaves +1. The full -time employee shall be entitled to annual leave with full pay as follows: +a. Thirty (30) working days for incumbents of jobs in the special grade (B) and above , and +the like. +b. Twenty -two (22) working days for other jobs . +2. The Chairman of the Federal Entity may recall the employee from his authorised annual leave +to return to work before the expiry of its duration , if the interest of work so requires, provided +that the remaining days of leave are rolled over for him in accordance with the approved +procedures, or he is allowed to exhaust them before the end of the year. +3. The employee may take the annual leave consecutively or divide d into different periods after +obtaining the approval of his direct superior, and he may also combine the annual leave with +any other leave to which he is entitled in accordance with the provisions stipulated in the +Decree -Law . +4. If the period to which the em ployee is entitled from the annual leave differs due to his +promotion or modification of his grade, his annual entitlement shall be adjusted accordingly +as of the date of issuance of the promotion decision or modification of the grade. +5. The employee may not claim a sick leave if it occurs during his annual leave. +6. In the event that the sick leave taken by the employee during his annual leave extends beyond +the end of the annual leave, then the remainder of the sick leave shall be calculated as of the +day on w hich the employee is scheduled to return to work after the end of the annual leave, +in accordance with the rules determined for calculating the sick leave and st ipulated in this +Resolution . + + + + Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 52 + + Article (78) +Provisions of Annual Leave +1. The employee shall exhaust his annual leave during the year for which he is entitled thereto , +and if he is unable to take the full balance due for that year due to the urgent requirements +and conditions of work, he must then exhaust a period not less than half of the period of +annual leave he is entitled to. +2. The employee may carry forward half of the unexhausted balance of the annual leave entitled +to his job grade to the following year, and in which case he shall not benefit from the +additional days thereof. +3. As an exception from the provisions of Clause (2) of this article, the employee who joins the +national and reserve service may exhaust the balances of his annual leaves to which he is +entitled for the period of his nationa l service within a period not exceeding 31 December of +the year following the year in which his period of national service ends, or he may be grant ed +a cash allowance for such leaves if the employer deems it appropriate, and the cash allowance +shall be paid in accordance with the basic salary. +4. Subject to the provisions of this article, the employee shall not be entitled during his service +to a cash all owance for the remaining and unexhausted balance of his annual leave. +5. In the event of expiry of the employee's service, he shall be paid a cash allowance for the +balance of his annual leaves legally due in accordance with the basic salary. +6. If the employee' s service ends before the completion of the year for which the annual leave is +due, the number of exhausted leave days plus whatsoever entitled thereto after the service +expiry date shall be deducted. + +Article (79) +Annual Leave for Educational Cadres +The dates of annual leave s for workers in public schools and centr es for the disabled persons shall +be determined in accordance with what is set by the Ministry of Education, the Emirates Schools Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 53 + + Establishment, the Ministry of Community Development, univer sities and higher education +institutions, each within the limits of its competence ; and other sectors may be added in +accordance with this article, by virtue of a Cabinet resolution . + +Article (80) +Reasons for Not Being Entitled to Annual Leave +The employee shall not be entitled to annual leave for the following periods: +1. The d uration of a study or scholarship leave. +2. The duration of the employee's absence from work (without pay). +3. The period of imprisonment of the employee in execution of a court j udgment issued against +him, in cases where the termination of service is not legally determined . +4. The employee's service period during the probationary period if his service ends during this +period for any reason. + +Article (81) +Maternity Leave +1. A full -time female employee shall be entitled to maternity leave with a gross salary of ninety +(90) days. +2. The female employee shall be entitled to the maternity leave stated in Clause (1) of this article, +if the delivery takes place after six (6) months or more of pregnancy, whether the foetus is +stillborn or born alive and then dies. +3. The female employee's obtaining maternity leave or absence referred to in this article shall +not prejudice her entitlement to other leaves. +4. The service of the female employee may not be terminated and she may not be warned of the +same due to pregnancy, maternity leave, or absence from work in accordance with the +provisions of this article. +5. Upon her return from maternity leave, and for a period not exceeding six (6) months as of the Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 54 + + date of delivery, the female employee shall be entitled to one or two periods of rest per day to +breastfeed her child, provided that the two periods combined do not exceed two hours. +6. Weekly and official holidays occurring with in th e maternity leave period shall be counted as +part of the duration of the leave, as well as week ends and official holidays that coincide with +the beginning or end of the leave. +7. Accrual of the entitlements of the end -of-service gratuity, pension contribution s and annual +leave shall continue as usual during the approved maternity leave . +8. If the female employee is granted a sick leave during the maternity leave, the maternity leave +shall not be extended to cover the period of such leave. +9. The female employee shall be granted maternity leave during the probationary period, +provided that the probationary period shall be extended to cover the period of such leave. + +Article (82) +Parental Leave +The employee shall be entitled to parental leave with a gross salary of five (5) working days for +the employee (father or mother) for who m has a child is born , to be taken consecutively or +intermittently within a period of six (6) months as of the date of the child's birth. + +Article (83) +Sick Leave +1. The employee shall be granted a sick leave if his health condition prevents him from carrying +out his work or to ward off any health risks for himself and others based on a medical report +from an accredited medical authority. +2. The employee must inform his direct superior in accordance with the human resources +procedures approved in the Federal Government about the leave sick immediately after being +granted the leave, unless there is an excuse that prevents him from doing so . +3. The maximum sick leave s hall be calculated in one incident or during the year according to Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 55 + + the working days. +4. Weekends, official holidays or any other holidays shall b e counted within the sick leave if they +coincide with it . +5. The employee shall be authorised to take a sick leave by virtue of a medical report approved +by an official medical authority for a period not exceeding five (5) consecutive working days +at a time a nd not exceeding fifteen (15) working days per year . If the sick period exceeds (5) +five consecutive working days or exceeds the maximum limit of (15) intermittent working +days, the authori sation for such leave shall be according to a medical report approved by the +Medical Committee. +6. The first fifteen (15) working days shall be with a full pay , and any period exceeding that shall +be deducted from the employee's annual leave balance if he has a balance, and if not, it shall +be considered without pay. +7. If the employee exceeds fifteen (15) working days per year, the Federal Entity shall refer the +employee to the Medical Committee to decide what it deems appropriate regarding his health +condition. +8. The employee's medical condition shall be reviewed if it con tinues for a period exceeding six +(6) months, and in this case, the Medical Committee shall decide to extend this leave for a +period not exceeding (6) additional six months or recommend the termination of his services +due to health unfitness. +9. The following shall be excluded from the application of the provisions of Clause (6) of this +article: +a. Illness because of to the job (work injury). +b. Sick leaves granted according to medical reports approved by the Medical Committee. +c. Medical conditions according to which the Medical Committee decides to prevent the +employee from carrying out the duties of his job for the period determined by the +Committee. +In the above cases, the employee shall be paid his full salary for the duration of sick leave. Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 56 + + 10. The employee shall be authorised to take a sick leave for a period not exceeding one year with +a full pay if the illness is the result of a work injury, and if his illness continues longer than that, +he shall be referred to the Medical Committee to review his medical condition, which may +extend this leave for a period not exceeding (6) additional months, or recommend the +termination of his services for health unfitness, in accordance with the provisions of the +Pensions and Social Security Law. +11. In the applicatio n of the provisions of the Human Resources Law and this Resolution, work +injury means any injury that occurs as a result of an accident that occur s during or because of +the performance of work, or developing an occupational disease determined by the +compet ent medical committee and in accordance with the legislation in force in this regard . +The accident that occurs while the employee is going to or returning from work shall be +considered a work injury, taking into account occupational health and safety proce dures. +12. The Federal Entity may extend the probationary period to cover the period of the approved +sick leave taken by the employee. + +Article (84) +Mourning Leave +1. The employee shall be granted mourning leave with full pay as follows: +a. For a period of five (5) days in the event of the death of any of his first -degree relatives +(father, mother, son, daughter, wife ). +b. For a period of three (3) days in the event of the death of any of his second -degree relatives +(grand parent , brothers, sisters, grandchildren) . +2. The m ourning leave shall start as of the date of death. +3. The m ourning leave may be combined with annual leave and leave without pay. +4. One of the spouses' relatives i s considered to be the same degree of kinship for the other +spouse. +5. If the death happens to occur during the weekend s, public holidays or during the employee's Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 57 + + authorised days off, he shall not be compensated for the number of days of mourning leave. +6. The e mployee shall report the death of one of his relatives provid ing acceptable proof after +returning from the leave, in accordance with the legislation in force. + +Article (85) +Study Leave and Examination Leave +1. Without prejudice to the provisions of article (62) of this Resolution, the Federal Entity may, +upon the approval of its Chairman or his authorised representative, sponsor some of its +national employees by granting them a paid study leave on a full -time or part -time basis , +including costs, tuition fees or only the s alary, for the purpose of obtaining a qualification +higher than a high school c ertificate from educational institutions approved by the Ministry +of Education, provided that the qualification is in line with the needs of the Federal Entity. +2. The academic qualification or vocational or speciali sed certificates must be in line with the +current and future needs of the Federal Entity. + +Article (86) +Provisions and Controls for Granting Study Leave +A national employee may be granted a study leave in accordance with the following provisions +and controls: +1. He m ust have academic acceptance from one of the institutes or colleges recogni sed by the +Ministry of Education , indicating the type of study, special isation and duration of study. +2. The employee's service period in the Federal Entity shall not be less than one year, with the +exception of medical staff. +3. The employee must have a performance evalua tion at level (3) and above or its equivalent. +4. The academic qualification or professional certificate required to be obtained must be +consistent with his career path and commensurate with the nature of the Federal Entity's work +and needs. Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 58 + + 5. The employee may not combine more than one scholarship. +6. He must have not been previously dismissed from an academic authority for disciplinary +reasons or due to poor educational achievement. +7. Study leave abroad may not be authorised if the study is available within the State , except for +reasons estimated by the Chairman of the Federal Entity or his authorised representative. +8. By virtue of a decision issued by the Chairman of the Federal Entity or his authorised +representative, the delegate may be granted six (6) months to study a foreign language inside +or outside the State , and it may be extended for a maximum of six (6) more months, based on +reports received from the State's embassy, cultural attachés, diplomatic missions abroad or +from the educational institute inside the State ; and said period shall be deemed as study leave. +9. The Federal Entity shall coordinate with the institute or university in which the employee +stud ies for the purposes of providing it with reports on the progress of the study. +10. The employee w ho is on a full -time study leave shall not be entitled to annual leave during +the period of study, and he shall be subject to the systems and procedures in force with +regard to annual and other leaves in institutes and colleges throughout the duration of the +study leave. +11. The s tudy leave is considered an actual period of service for the employee, and s hall be +included in the entitlement to the periodic bonus in accordance with the rules of the +Performance Management System ; and end -of-servic e gratuity or payment of pension +contributions. +12. The performance of the employee on full -time study leave shall be evaluated in light of the +results of academic achievement and based on the reports received by the employer. + +Article (87) +Extension of Study Leave +Subject to Clause (1/E) of article (89) of this Resolution: +1. The Chairman of the Federal Entity or his authorised representative may extend the Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 59 + + employee's study leave if there are urgent circumstances entailing the same , provided that the +extension request is based on academic justifications or requirements related to the academic +authority. +2. The Chairman of the Federal Entity or his authorised representative may grant an employee +who is still on study leave to obtain an academic qualification another study leave if he obtains +an academic acceptance to study for a qualification higher than the previous one. + +Article (88) +Obligations of the Delegate on S tudy Leave +The employee delegated on a study leave inside or outside the State shall abide by the following: +1. Attend ing the study regularly according to the approved schedules. +2. Completion of the study within the prescribed and authorised period. +3. Obtaining the academic qualification for which he is delegated. +4. Not to change the speciali sation for which he is delegated, or to transfer his stud y to another +country, university, college or institute without the prior approval of the Chairman of the +Federal Entity or his authorised representative. +5. He shall serve the entity that delegated him for a period equal to the duration of the study +leave ; however, said period may be spent in another federal or local government entity upon +the approval of the Chairman of the Federal Entity or his authorised representative, and in the +event of breach ing this obligation, the delegate shall be obligated to refund all expenses and +financial allocations disbursed there to during the study leave in accordance with the +legislation in force in this regard, including the salaries he received from the entity for which +he works, unless he is fully or partially completely exempted. +6. He must commence his work within fifteen (15) days, if the study leave is inside the State, and +within a period not exceeding one month if it is outside the State, as of the date of obtaining +the academic qualification or as of the date of the end of the study leave period, whichever is +earlier ; otherwise , he shall be deemed as absent from work, and the provisions prescribed in Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 60 + + this regard shall apply to him , unless otherwise is agreed upon between the Entity and the +delegate. + +Article (89) +Termination of Study Leave +1. The Chairman of the Federal Entity or his authorised representative may terminate the +employee's study leave in any of the following cases: +a. Discontinuing the study without an acceptable excuse based on the study reports received +on the delegate from the State's embassy, cultural attachés or diplomatic missi ons. +b. Changing the scientific speciali sation for which he is delegated, the academic entity he is +enrolled in, or the approved country of study without obtaining the prior approval of the +Chairman of the Federal Entity or his authorised representative. +c. Committing any disgraceful act or behavio ur or engaging in any act that may harm the +interests or reputation of the State or practi sing any activity that constitutes a violation of +the legislation in force in the country of study. +d. Failure to join the study for justifications that are not accept ed by the Chairman of the +Federal Entity , in whic h case, the period of absence shall be deducted from the balance of +his annual leaves and what exceeds it shall be counted as absence from work without pay. +e. Failure to pass the tests prescribed for his transition to the next stage of study more than +once d uring the period of study, and the Chairman of the Federal Entity may, where +necess ary, waive this case for one additional time. +2. The Chairman of the Federal Entity may terminate the study leave due to the need and +conditions of work or public interest, in which case, the employee shall be exempted from +refunding all fees, expenses, financial allocations and salaries disbursed thereto throughout +the period elapsed from the leave. +3. The s tudy leave may be suspended at the request of the employee due to circumstances +estimated by the Chairman of the Federal Entity , in which case , the study leave shall be Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 61 + + extended for a period equal to the period of suspension. +4. In all cases, this shall not p rejudice disciplinary accountability when necessary. + +Article (90) +Refund of Tuition Fees and Expenses +Except for what is stated in Clauses (2 and 3) of article (89) of this Resolution , the employee shall +refund all fees, expenses, financial allocations and salaries disbursed there to throughout the +period of his study in the event of termination of the study leave, unless he is fully or partially +exempted in accordance with the legislat ion in force in this regard. + +Article (91) +Undergoing Semester and Annual Exam ination s +1. The Chairman of the Federal Entity or his authorised representative may grant the national +employee registered in any of the self -learning or continuous distance learning programs +(inside or outside the State) , the national employee who joins regular evening study inside the +State in one of the recogni sed colleges, institutes or schools, or the employee enrolled in a +program to obtain vocational or speciali sed cert ificates and develop skills, a leave with full pay +to undergo the semester and annual exam ination s for those academic programs and discuss +postgraduate theses, provided that the duration of such leave is determined based on the +actual days of examination . The foregoing shall not apply to monthly exam ination s or to any +admission or registration examinations or the discussion of study projects during the +semester. +2. The national employee may be granted an additional leave not exceeding three (3) days prior +to the start of the examinations referred to in Clause (1) of this article if the examinations are +performed outside the State, provided that the total leaves do not exceed ten (10) days per +year without including the actual days of the examination. +3. The nati onal employee may be granted a short study permit for two hours per day to attend Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 62 + + classes in any approved study program until the end of that program, and said permi t shall not +be granted i f the official working hours do not conflict with the dates of the classes. + +Article (92) +National and Reserve Service Leave +The national employee shall be entitled to paid leave to perform national and reserve service in +accordance with the legislation in force in the State. + +Article (93) +Leave Without Pay +1. The Chairman of the Federal Entity or his authorised representative may grant the employee +a leave without pay for a period not exceeding thirty (30) days per year, provided that the +employee has serious reasons that require granting him such leave. +2. To grant a leave without pay, the following conditions must be met: +a. The employee sh all not have a balance of annual leave. +b. The granting of the leave shall not affect the progress and regularity of work in light of the +requirements and interest of work. +c. Any other conditions determined by the Federal Entity. +3. Week ends and public holidays coinciding with unpaid leave shall be considered as part of it. +4. In exceptional emergency circumstances determined by the Cabinet , the employer may grant +the employee a leave without pay during such circumstances as required by its work interest. + + + + + + Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 63 + + Other Leaves +Article (94) +Iddah Leave +1. A Muslim female employee whose husband dies shall be granted an Iddah leave with full pay +for a period of four (4) months and ten (10) days as of the date of death. +2. The female employee shall inform her direct superior of the death of he r husband in +accordance with the human resources procedures approved by the Federal Government, and +attach the death certificate duly approved and authenticated by the official authorities, +whether inside or outside the State , according to the place of death. +3. Accrual of entitlements such as end -of-service gratuity, pension contributions and annual +leave shall cont inue as usual during the approved Iddah leave . + +Article (95) +Hajj Leave +1. The Muslim employee shall be granted a leave for a period of fifteen (15) days with full pay to +perform Hajj only once during the period of his service. +2. The employee may combine the Hajj leave with the annual leave. +3. The Hajj leave may not be granted until after successfully completing the probationary period, +and the employee shall, upon his return, provide the necessary proof to perform Hajj. +4. The Hajj leave not obtained by the employee is not considered an acquired right for him, and +therefore is not included in the calculation of the annual leave balance upon the employee's +end of service. + + Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 64 + + Article (96) +Patient Accompanying Leave Outside the State +1. The Chairman of the Federal Entity or his authorised representative may grant the national +employee an exceptional leave for a period of one month with full pay in order to accompany +a patient relative ( spouse , parent , son, daughter, sibling ) for treatment outside the State based +on a recommendation from an official medical authority in the State . +2. The Chairman of the Federal Entity may, upon a recommendation from the State's embassy in +the country of treatment or the medical committee formed at the Ministry of Health and +Prevention, extend said leave for a maximum of two (2) months with full pay . +3. Any extension of such leave exceeding what is mentioned in Clauses (1) and (2) above for any +reason shall be deemed to be leave without pay. +4. Any approval subsequent to grant ing the same employee during the year a patient +accompanying leave outside the State for the same or any other case shall be considered leave +without pay. +5. The patient accompanying leave outside the State shall not be granted in the following cases: +a. If the employee works on a temporary contract, part -time contract, or works remotely. +b. For t he employee who is still on probationary period. +c. For the employee who is undergoing an underperformance handling program . +6. Notwithstanding the provisions of this article, the Chairman of the Federal Entity may, for +humanitarian cases at his discretion, grant or extend this leave to the employee, provided that +there is a recommendation from the Medical Committee or the State's embassy in the country +of treatment, supporting the decision to grant or extend such cases. + + + Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 65 + + Article (97) +Patient Accompanying Leave Inside the State +1. The Chairman of the Federal Entity or his authorised representative may grant the national +employee an exceptional leave for a period of one month based on the recommendation of a +medical authority, in order to accompany his other spouse or any of his children or one of his +parents in the event of receiving treatment inside the State and if the patient's condition +requires his stay in the hospital, provided that it is calculated according to the following: +a. First fifteen (15) days, with full pay. +b. The following fifteen (15) days shall be deducted from the balance of the employee's +annual leave if he has a balance, and if he does not have a balance, it shall be considered +unpaid. +This leave may not be extended for another period. +2. Upon the employee's return, he must submit to h is employer a report issued by the medical +entity in which the patient receives treatment, including the patient's name, the date of +admission to the hospital, who was accompanying him, the date of discharge if he has +completed the treatment, and any data requested by the employee's employer. If the +employee does not submit this report, the direct superior shall recommend to the Human +Resources Department taking the necessary action against the employee. +3. The patient accompanying l eave inside the State shall not be granted in the following cases: +a. If the employee works on a temporary contract , a part -time contract, or works remotely. +b. For t he employee who is still within the selection period. +c. For the employee who is undergoing an underperformance handling program . +4. The Chairman of the Federal Entity may, for humanitarian cases , grant such leave to the +employee as an exception to what is stated in Clause (3) of this article. + Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 66 + + Article (98) +General Provisions on Leave s +1. Leaves due to the employee shall be granted within the limits of the periods authorised by the +Competent Authority. +2. The employee's service period shall be considered continuous while he enjoys any of the +prescribed and authorised leaves. +3. The employee shall commence his work on time after the end of the authorised leave, +otherwise he shall be deemed to be absent from wor k. +4. The employee shall not be entitled to any of the prescribed leaves for the periods of his +unauthorised absence from work. +5. The Competent Authority may allow an employee to take more than one type of leaves +consecutively in accordance with the provisions of the Human Resources Law and this +Resolution . +6. During the period of transfer, secondment and loan of the employee to another entity , his +leaves shall be calculated and his entitlements to each type of leave shall be determined until +the end of the day preceding the effective date of the transfer, secondment or loan , where the +employee shall be authorised to take his leaves from the entity to which he is transfer red, +seconded or loaned in accordance with the r ules applicable therein. +7. An employee may not be absent for work except within the limits of the leaves granted to him, +and in the event that the employee is absent from work or does not return after the end of the +leave granted there to, the following actio ns shall be taken against him : +a. In the event that the Competent Authority accepts the excuse of the employee who has +been absent from work, the period of absence shall be deducted from the balance of his +annual leaves if he has a balance ; and if it is not enough, the excess period shall be +considered as absence from work without pay and the period that was calculated as +absence from work shall not be counted as part of the employee's period of service. +b. In the event that the Competent Autho rity does not accept the employee's excuse for Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 67 + + absence from work, he shall be subject to the sanctions stipulated in the table of violations +related to the official working hours leading to termination of service. + +Sabbatical Leave +Article (99) +Sabbatical Leave to Represent the State +1. The Chairman of the Federal Entity or his authorised representative may grant the national +employee an exceptional sabbatical leave with full pay , in order to carry out any work or tasks +related to representing the State in national teams, sports or cultural activities, or for any other +similar reasons that are not directly related to the work of the Federal Entity for which the +employee works, at the request of the official authorities concerned with those fields for a +period of one month, which may be extended for similar periods not exceeding six (6) months, +if the activity is included in the pre -scheduled plans and schedules in the requesting entity +without prejudice to the requirements of the employer. +2. To be eligible for sabbatical leave, the following conditions must be met: +a. The employee must have qualifications, speciali sed experience, skills or talent in the fields +mentioned in the pre ceding Clause . +b. Participation to represent the State shall be upon a writt en request from the official +authorities concerned with these fields and for the period determined and in accordance +with the approved systems in this regard . +3. The employee shall receive his gross salary from the Government Entity to which he belongs, +in ad dition to any bonuses or incentives he receives from the concerned official authority for +which he works during the exceptional leave period, in addition to his annual and sick leave +from the entity for which he works in accordance with the applicable syst ems , and he shall +not be entitled to an annual or sick leave balance for the period of leave from the Government +Entity to which he belongs ; and upon his return, his annual and sick leave shall be calculated +on pro rata basis as to the remaining period of the year. Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 68 + + 4. The period of leave shall be included in the entitlement to periodic bonus , promotion and +payment of pension contributions. +5. Upon t he expiry of the sabbatical leave, th e entity for which the employee works shall submit +a report to the employee's original employer stating the work that has been accomplished +during the pre ceding period and the level of efficiency of his performance of such work and +achievements. + +Article (100) +Sabbatical Leave for Self-Employment +The national employee may be granted a sabbatical leave for self -employment in accordance with +the mechanisms and conditions determined by the Cabinet in this regard. + +Employment Violations +Article (101) +Personal Conduct and Violations +1. The employee shall demonstrate appropriate attitude and behaviour in line with the +standards of conduct adopted for public service, in accordance with the Code of Ethics and +Professional Conduct Document for Public Service , the Information Security Regulation in the +Federal Government, the Regulation Organising the Use of Social Media by Federal Entities +Employees issued by the Cabinet , and any regulation / system issued subsequently in this +regard ; and he shall adhere to the laws in force in the State . +2. Any employee who violates the job duties in accordance with the provisions of the Human +Resources Law or breaches the requirements of his job shall be administratively sanctioned +without prejudice to any civil or criminal liability , when ever necessary. +3. The employee shall not be exempted from administrative sanctions unless it is proven that he +committed the violations related to the job in implementation of a direct order issued there to Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 69 + + by his direct superior, even after drawing the direct superior's attent ion to the violation ; in +which case , the issuer of the order shall be held accountable . +4. The employee's employer shall inform the Public Prosecution if it is found that what the +employee committed involves a criminal offen ce. +5. The employee may not be administratively punished for the same act or violation more than +once or be subjected to more than one sanction . + +Article (102) +Employment Disputes +In order to reduce employment problems and disputes that occur in the work environment, the +Federal Entity is committed to maintaining effective and fair communication relation ship s with +its employees, by adopting immediate procedures to resolve such problems and disputes without +prejudice to the employee's right to file grievanc es that must be settled through the internal +procedures of the Federal Entity in a transparent and fair manner, while giving the employee +sufficient opportunity to defend his point of view. + +General Principles +Article (103) +Management of Violations +The Human Resources Department in the Federal Entity shall be responsible for imposing the +appropriate sanction from the sanctions stipulated in article (107) of this Resolution on any +employee who commits an administrative or behavio ural violation, includ ing violations related +to official working hours, save the sanction of dismissal from service . It may recommend the +Chairman of the Entity or his authorised representative to temporarily suspend the employee +from work and seek the assistance of experts in technical matters or form teams of specialists from +within the Entity to investigate the violation of a technical nature , where necessary . Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 70 + + Article (104) +Criteria for Gravity of Violations +The Human Resources Department in the Federal Entity shall take into account the degree of +gravity of the violation when imposing the sanction in accordance with the following guiding +criteria : +1. The extent of breach of confidentiality of data and informatio n related to the employer. +2. The financial impact of the violation. +3. The impact of the violation on the reputation of the Federal Entity and its employees as a result +of committing the violation. +4. The violating employee 's abuse of his power . +5. The rate of the employee 's repetition of violations of all types . +6. The existence of a criminal or moral aspect in the violation committed. +7. Violation of the Code of Ethics and Professional Conduct of the Public Service . +8. Exploiting social media to harm the reputation of the Entity or Government. + +Article (105) +Procedures for Notifying the Human Resources Department of the Violation +1. The Human Resources Department in the Federal Entity shall be notified of the employee's +commission of the violation in accordance with the human resources procedures followed in +the Federal Government and its approved digital systems by the employee's sup eriors, +explaining the violation attributed to the employee and the evidence and presumptions +related thereto. +2. The Human Resources Department in the Federal Entity shall notify the violating employee of +the type of violation attributed there to and summon h im for investigation within a period not +exceeding three (3) working days, and in the event that the employee does not appear on the +scheduled date, it may take action and proceed with the investigation procedures in his +absence. Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 71 + + 3. The Human Resources Depart ment in the Federal Entity shall, within (2) weeks, study the +violation, evidence and presumptions, impose the appropriate sanction in accordance with +the legislation in force, and notify the employee of the sanction imposed there on. + +Article (106) +Procedure for Considering the Violation +1. The Human Resources Department in the Federal Entity shall consider the violation +committed by the employee and then decide the following: +a. Dismissal of the request because there is no violation. +b. Dismissal of the requ est for not establishing the attribution of the violation to the +employee. +c. Dismissal of the request for lack of importance, in the event that what was attributed to +the employee does not deserve imposing a sanction . +d. Dismissal of the request for insufficient evidence. +e. Establishing the employee's liability and sanctioning him with one of the appropriate +administrative sanctions stipulated in this Resolution , with the exception of the sanction +of dismissal from service, which requires a recommendati on thereon to be submitted to +the competent appointing authority. +2. The decision of the Human Resources Department in the Federal Entity must be reasoned and +proportionate to the incident established against the violating employee. +3. The employee shall be noti fied of the sanction decision issued against him and the +organisational unit to which he belongs shall also be notified of the same . +4. The Chairman of the Federal Entity or his authorised representative may , upon a +recommendation from the Human Resources Department in the Federal Entity, may suspend +the violating employee from work as a precaution and suspend the payment of half of his +salary until the end of the grievance and objection procedures, and if the em ployee is +acquitted, the investigation with him shall be closed ; or if he is punished by issuing a verbal or Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 72 + + written warning against him , he shall be paid the suspended salary amount, but if a severe r +penalty is imposed on him, the Chairman of the Federal Entity or his authorised representative +shall take the decision he deems fit regarding his suspended salary . +5. In the event that the Human Resources Department in the Federal Entity deems that the what +the employee has commi tted involves a financial violatio n, it shall submit the matter to the +Chairman of the Federal Entity to consider referring the matter to the Audit Bureau for +investigation in accordance with its establishing law, and the sanctions recommended by the +Audit Bureau shall be issued by virtue of a decision issued by the Chairman of the Federal +Entity or his authorised representative. +6. If the act committed by the employee constitutes a criminal offen ce, the Human Resources +Department in th e Federal Entity shall submit a recommendation to the Chairman of the +Federal Entity to refer the employee to the Public Prosecution, and such referral to the criminal +investigation shall not prevent the imposition of an administrative sanction on him unle ss +such administrative penalty is subject to resolving the criminal offence . +7. If the Human Resources Department in the Federal Entity deems that the sanction of +dismissal from service is commensurate with the facts established against the employee, +it shall submit a recommendation to this effect to the appointing competent authority. + +Article (107) + Administrative Sanctions +1. The sanctions for violations that may be imposed on the employee by his employer shall be +as follows: +a. Written caution . +b. Written warning . +c. Deduction from the basic salary an amount not exceeding ten (10) days' wage for each +violation and not exceeding sixty (60) day s' wage per year. +d. Suspension from work without pay for a period not less than one month and not Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 73 + + exceeding three (3) months. +e. Dismissal from service while preserving the employee's right to the pension or end -of- +service gratuity. +2. The appropriate sanction shall be imposed on the employee according to the gravity and +seriousness of the violation committed. + +Grievances +Article (108) +Grievance Committee +A committee called the “Grievance Committee ” shall be formed by virtue of a decision issued by +the Chairman of the Federal Entity, to consider the grievances of employees against the sanctions +imposed there on by the employer or any other procedures or decisions taken against them ; to be +headed by one of the senior management employees in the Federal Entity, provided that his grade +is not less than the special grade or its equivalent in Federal Entities, in addition to a number of +members, provided that they include a representative of the Legal Affairs Department in the +Federal Entity. + +Article (109) +Competences of the Grievance Committee +The Grievance Committee shall be competent to consider grievances submitted there to by +employees against administrative sanctions or procedures or any form of grievance by reviewing +the investigation fil e and hearing whomever it deems appropriate to give testimony on the +incident under investigation . It may also refer the matter to the Human Resources Department in +the Federal Entity to complete any aspects or deficiency in the investigation and return it to it and +complete the examination of the grievance and issue its decision thereon as follows: +1. Rejecting the grievance in form. Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 74 + + 2. Accepting the grievance in form and rejecting it in subject matter . +3. Accept ing the grievance in form and reduce or cancel the sanction . +The grievance shall not be harmed due to his grievance, and the Grievance Committee may not +amend the sanction by imposing a sanction severe r than the one grieved against . + +Article (110) +Grievance Mechanism +1. The employee may submit a grievance to the Grievance Committee in accordance with the +human resources procedures and digital systems adopted in the Federal Government against +the sanctions that the Human Resources Department in the Fede ral Entity to has decided to +impose on him, or any other administrative decisions or procedures issued against him, within +a period not exceeding five (5) working days as of the date of informing the employee of the +decision, excluding performance evaluation grievances, which are governed by the provisions +of the Performance Management System. +2. The employee shall file a grievance against the decisions issued against hum before the +Grievance Committee prior to objecting to them before the Objections Committee formed in +accordance with article (129) of this Resolution . Filing the grievance shall not result in +suspending the implementation of the decision grieved against . + +Article (111) +Grievance Procedures +1. The Grievance Committee shall receive the grievance request in accordance with the human +resources procedures followed by the Federal Government and its approved digital systems. +2. The Committee shall review all the papers related to the violation or the subject of the +grievance and request any clarifications related to the violation from the organisational unit +to which the employee belongs. +3. The Grievance Committee shall hear the te stimony of witnesses, if any, and discuss their Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 75 + + statements . The testimony of one witness may not be heard in the presence of another +witness, and the grievance procedures shall be confidential . +4. The Grievance Committee shall consider and deci de on the griev ance submitted there to by +the employee within (2) weeks as of the date of receipt of the request . + +Article (112) +Grievance Committee Decisions +1. The decisions of the Grievance Committee shall be final in the grievances submitted there to +regarding the imposition of written Caution and notice sanctions , and the employee may +object to the rest of the sanctions imposed there on before the Committee for Considering +Objections in accordance with the provisions of this Resolution . +2. The Federal Entity shall abide by the decision of the Grievance Committee and may not object +to it. +3. The Grievance Committee shall issue its decision not to accept the grievance if the person +filing it has no interest there in or if it is not submitted in accordance with the periods and +procedures specified in this Resolution . + +Article (113) +Cancellation o f Legal Effect +The legal effect of sanctions shall be cancelled upon the expiry of the following time periods: +1. Three (3) months in case of a written caution . +2. Six (6) months in case of a written notice . +3. One year in the case of other sanctions. +In all cases, the period shall be calculated as of the date of imposing the sanction , and the +cancellation of the sanction shall result in deeming it as if it never existed in terms of legal effect, +and the aforementioned sanction shall not be cancelled before the expiry of these periods . The +Human Resources Department in the Federal Entity shall follow the human resources procedures Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 76 + + and digital systems adopted in the Federal Government to maintain an electronic record of the +employee on the sanctions impos ed there on. + +Article (114) +Complaining About Work Environment +The employee may file any complaint related to the work environment to the Human Resources +Department in the Federal Entity, and this department shall review and study the complaints +submitted there to and submit recommendations and proposed solutions thereon to the +employer's senior management and follow up on them until they are resolved . In all cases , the +employee may not object to working hours, job grade, salary or bonuses . + +Article (115) +Employee's Suspension From Work and Suspension of his Salary +The Federal Entity may suspend the employee from work, suspend the payment of all or part of +his salary and refer him to the judicial authorities, due to proven job violations that constitute +criminal offen ces punishable by law in accordance with the provisions st ipulated in the Human +Resources Law and this Resolution . + +Article (116) +Continuation of Administrative Procedures Related to Violation +The resignation of the employee shall not pre vent the continuation of the administrative +procedures related to the violation committed there by, provided that the payment of any financial +entitlements to the employee is suspended by the employer until the completion of the +investigation procedures and the issuance of a final decision that he is not held liable . Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 77 + + Article (117) +Drop ping the Employment V iolation +1. The employment violation shall be dropped upon the death of the employee or the lapse of +two (2) years as of the date of committing it, and this period shall be interrupted in the second +case by taking any of the investigation procedures thereo n by the employer or by the +competent judicial authorities, and a new period shall apply as of the date of the last procedure +taken on the violation. +2. If multiple employees are accused of committing the same violation, the int erruption of the +period for one of them shall result in the interruption of the period for the others, even if no +procedures that interrupt the period have been taken against them , provided that a new +dropping period begins as of the day following the last procedure taken thereon . + +Article (118) +Referral to the Judiciary for Criminal Offen ce +If an employee is referred to the judiciary for committing a criminal offence, the Chairman of the +Federal Entity or h is authorised representative may suspend the employee from work and +suspend the payment of his salary until a final court judgment is issued on the crime attributed +there to. + +Article (119) +Termination of Service Due to Hono ur and Honesty Offences +The services of an employee shall be terminated if he is convicted of any felony or misdemeano ur +involving breach of honour , honesty or morals, or if he is convicted of any felony or other +misdemeano ur and sentenced to any imprisonment penalty for a period exceeding three (3) +months. + Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 78 + + Article (120) +Dealing With Employee After Investigation or Conviction +1. The employee shall be re turned to his job and paid the suspended salary in the event that +the investigation with him is closed or a decision is issued that there is no reason to institute +a criminal case against him or to acquit him of the charge against him, provided that this +does not prevent him from being held administratively accountable and subjected to +appropriate administrative sanctions. +2. The employee shall be re turned to his job without payment of the suspended salar y if he is +convicted of any misdemeano ur that does not breach hono ur and honesty and is +sentenced to imprisonment for a period not exceeding three (3) months or a fine or if he is +sentenced to a suspended fine or imprisonment. + +Article (121) +Preventive Detention +An employee who is held in pr eventive detention for a crime not arising from or because of the +job, unless it is related to a crime breaching hono ur, honesty or morals, shall be treated as an +employee who has been absent from work, provided that the period of absence shall be deducted +from the balance of his leaves, and if it is not sufficient, such period shall be considered as a leave +without pay. + +Article (122) +Imprisonment Pursuant to a Court Judgment +Every employee who is imprisoned in execution of a court judgment in a civil case shall be +suspended from work and deprived of his gross salary for the duration of his imprisonment , and +the Chairman of the Federal Entity may terminate his services if the p eriod of imprisonment +sentenced exceeds three (3) months. Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 79 + + Article (123) +Employee Suspended From Work +If a decision of dismissal from work is issued against a suspended employee, his service shall be +deemed terminated as of the date of suspension and no salaries shall be paid to him for the period +of suspension. + +Article (124) +Violations of Loaned E mployee +The imposition of sanctions for viol ations committed by the loaned employee shall be within the +competence of the entity to which he was loaned in accordance with the administrative +procedures and sanctions in force therein , provided that his original employer is informed of the +violation committed there by and the administrative sanctions imposed there on. + +Article (125) +Objection to Grievance Committee 's Decision +The employee may object in writing to the decision of the Grievance Committee issued to impose +any sanctions other than written caution and notice, by way of submitting an objection in +accordance with the human resources mechanisms and digital systems adop ted in the Federal +Government, to the Committee for Considering Objections formed in the FAHR in accordance +with article (128) of this Resolution , within a period not exceeding five (5) working days as of the +date of being informed of the decision ; otherwise , the decision of the Grievance Committee shall +be considered final. + + Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 80 + + Article (126) +Employment R ights of Objector +The employee's right to object to the decision of the Grievance Committee shall not prejudice his +other employment rights enjoyed u nder the legislation in force. + +Article (127) +Objections +The employee's objection must include the following data: +1. The e mployee's name, workplace, job and address . +2. A statement of the procedures and decisions issued against him. +3. The decision issued by the Grievance Committee regarding what has been attributed to him +and the date of issu ing it and informing him thereof. +4. The s ubject matter of the objection and the reasons on which it is based, accompanied by the +documents he deems important to submit. + + +Article (128) +Committee for Considering Objections +A committee shall be formed in the FAHR by virtue of a decision issued by its Chairman, called the +“Committee for Considering Objections”, which shall be competent to consider objections to the +decisions issued by the Grievance Committee regarding the sanctions imposed on employees +other than the sanctions of written caution and notice, or any procedures or decisions issued +against them. The Committee shall have a rapporteur chosen by the Chairman from other than its +members without having a voteCabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 81 + + +Article (129) +Mechanism of Work of the Committee for Considering Objections +The Committee shall receive the objection submitted by the employee in the light of the decision +issued by the Grievance Committee or any sanctions or procedures issued against him, and the +mechanism of work thereon shall be as follows: +1. Consider ing the obj ection submitted by the employee in light of the decision of the Grievance +Committee, if any, and all the documents attached there to within three (3) weeks as of the +date of receipt of the request , and i f the Committee does not receive a response from the +employer of the objecting employee within ten (10) working days as of addressing it, the +Committee can take its decision to consider the submitted documents. +2. In order to exercise its competences , the Committee shall act as follow s: +a. Assigning whomever it deems appropriate to conduct the necessary research or studies +related to the subject of the objection, and the person assigned may review the papers and +records and request the data he deems necessary. +b. Summoning whomever it deems app ropriate from the employee's employer to hear his +statements or obtain the necessary statement regarding the objection submitted there to +by the employee. +c. Contact ing all federal entities ' employees if it deem s it necessary, and if this is related to +the sub ject of the objection. +d. Request ing an opinion from any other competent federal entity on the subject of the +objection if it deems it necessary, and seek opinion when preparing the decision to be +issued regarding the objection submitted by the employee. + +Article (130) +Procedures of the Committee for Considering Objections +1. The Committee for Considering Objections shall issue its decision on the subject of the +objection submitted by the employee by the majority of its members, and in the event of Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 82 + + parity , the Chairman shall have the casting vote. T he Committee for Considering Objections +shall issue its decision as follows: +a. Rejecting the objection in form. +b. Accepting the objection in form and rejecting it in subject matter. +c. Accepting the objection in form and reduce or cancel the sanction . +2. The Federal Entity shall implement the decisions issued by the Committee for Considering +Objections in the Federal Gover nment related to its employees within ten (10) working days +as of the date of informing the Federal Entity of the decision. +3. The decisions issued by the Committee for Considering Objections shall be final. +4. The case filed by the employee before the judiciary in accordance with the provisions of the +Human Resources Law, this Resolution and the resolutions issued in implementation thereof, +shall not be accepted if it is not preceded by resorting to the Grievance Committee and the +Committee for Considering Objections within the periods, procedures and conditions +specified in this Resolution . + +Article (131) +Notifying the Employee of the Committee for Considering Objections ' Decision +The employee shall be notified of the Committee's decision with a statement of its reasons, within +three (3) working days as of the date of its issuance, and his employer shall be informed of th e +same . + +Article (132) +Attending the Meeting of the Committee for Considering Objections +An employee who resorts to the Committee for Considering Objections in Federal Entities may +submit a request to the employer to obtain a leave or break to attend the various sessions of the +Committee. Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 83 + + Corporate Culture +Article (133) +Code of Ethics and Prof essional Conduct Document of the Public Service +1. All employees of Federal Entities must re ad the Code of Ethics and Professional Conduct +Document of the Public Service , the Information Security System in Federal Entities, the +Regulation of the Use of Social Media by Employees of Federal Entities , and any manuals or +regulations subsequently issue, and they shall pass any relevant training in accordance with +the human resources procedures in the Federal Government and its digital systems. +2. The Human Resources Department in the Federal Entity sh all work to provide a way for the +employee who cannot be trained so that he can understand it by any means and sign the +commitment to it ; and the employees must be introduced to it. +3. Any employee who fails to read and train on the Document shall be subjected to a sanction +by the Human Resources Department. +4. The human resources departments in Federal Entities shall inform and train new employees +on the Code of Ethics and Professional Con duct Document of the Public Service , the +Information Security System in Federal Entities, the Regulation of the Use of Social Media by +Employees of Federal Entities, and any other manuals subsequently issued in this regard. + +Article (134) +Customer Service +Federal entities must serve customers in accordance with the best standards and procedures and +in an effective professional manner that meets their aspirations by establishing distinguished +relationships with them, and in order to achieve this, the employee must: +1. Not engage in any promotional activity related to customers, and must be completely neutral +in dealing with them. +2. Reject any attempt by any of the customers to provide any inducements or personal benefits +in order to receive a special treat ment , and in al l cases, the employee must inform the +competent authorities in the Federal Entity of such attempts. Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 84 + + 3. Respect others, their privacy and intellectual property and not cause harm to them or their +work. +4. Show moderation in his actions and dealing with everyone in accordance with the Customer +Charter. + +Article (135) +Gifts and Bribes +1. The employee is prohibited from accepting any gifts unless it is a symbolic promotional gift +bearing the name and logo of the entity providing it, provided that the Federal Entity +determines the organisational unit that is allowed to accept gifts on its behalf in order to +distribute them in accordance with the controls and standards a dopted in the Federal Entity. +2. Gifts may only be presented and distributed in the name of the Federal Entity and by the +organisational unit approve d thereby . +3. Subject to the provisions of the legislation in force in the State, the employee is prohibited +from accepting, taking, offering o r requesting bribes. +4. For the purposes of this Resolution , bribery means the provision of any sum of money, a +particular service or anything of material or moral value to any public servant in order to spoil +the course of work by taking any action that woul d: +a. Expedite any work that the employee is required to perform. +b. Lead to the employee's refusal to perform the work assigned there to. +c. Lead to the employee mediating with another employee to terminate a transaction or take +a procedure in violation of the legislation in force. +In all cases, all suspected or reported cases of bribes must be investigated, and if it is proven by +the investiga tion or if there is strong evidence that the employee has requested, accepted, received +or paid another employee any bribe, he shall be transferred to the competent judicial authorities +without prejudice to the right of the Federal Entity to take action re lated to violations against the +violating employee in accordance with the procedures and controls stipulated in the Human +Resources Law and this Resolution . Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 85 + + +Article (136) +Conflict of Interest +During the performance of his job duties, the employee shall avoid any conflict of interest that +may occur between his private activities and the interests and operations of the Government, a nd +he shall also avoid any action in respect of which any suspici ons of conflict of interest may be +raised ; and in particular he shall avoid the following: +1. Participation in any official process or decision that directly or indirectly affects the success of +a contractor or supplier who is a relative up to the fourth degr ee, including marital or blood +relatives . +2. Participation in any decision that may lead to granting any benefits to any of his relatives up +to the fourth degree, including marital or blood relatives . +3. Participat ion in any official process or decision that dir ectly or indirectly affects the success of +a supplier, contractor or project in which the employee is a partner in any way, and which +leads to hum receiving a percentage, share or material benefit, directly or indirectly. +4. Exploiting his job position, or leaking any information obtained by virtue of his work to +achieve certain goals or obtain a special service or treatment from any party. + +Article (137) +Working for Others +The employee is prohibited from working for others with or without pay without the prior written +consent of the Federal Entity in which he works ; and in all cases, the employee's work for others +must not negatively affect his duties and job tasks, and shal l not reflect negatively on the Federal +Entity. + + Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 86 + + Article (138) +Employment of Relatives +It is not permissible to appoint employees who have some marital or blood relationship up to the +second degree in the same organisational unit, or within the same direct supervisory relationship ; +and in all cases , the employee shall not participate in any decisions or recommendations related +to the appointment, transfer or promotion of any of them. + +Article (139) +Health, Safety and Environment Policy +The FAHR issues a manual for occupational health and safety for Federal Government employees. + +Article (140) +Official Working Days and Hours +1. The official working days and number of working hours in Federal Entities throughout the +year shall be determined by a resolution issued by the Cabinet . +2. The Chairman of the Federal Entity may adopt a regulation organising flexible working hours +according to the work need and within the limits of the number of hours approved per week. +3. Official holidays for F ederal Entities in the State shall be in accordance with the resolutio n +issued by the Cabinet . + +Article (141) +Shift System +1. The shift system is intended to provide service for (24) hours through the method of rotation +between employees within certain periods or hours to provide service or job tasks. +2. The Federal Entity may apply the shift system to all or some of the jobs or organisational +divisions therein according to the conditions and requirements of their work, provided that +the total working hours of the employee do not exceed (48) hours per week . + Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 87 + + Article (142) +Compliance with Official Working Hours +1. All employees shall abide by the prescribed working hours and sign in and out of work +electronically or by other means a dopted in the Entity to indicate the actual time of work on +the dates prescribed for the approved work pattern. +2. The Chairman of the Federal Entity or his authorised representative may exempt any +employee he deems appropriate from this obligation if the nature of their work so requires. +3. The employee shall inform his direct su perior if he is unable to go to work and leave on official +hours due to emergency circumstances in accordance with the mechanisms determined by +the Entity. +4. Official working hours shall be allocated to the employee who works in -house to perform job +duties and he may not leave the workplace during official working hours except with the prior +permission of his direct superior in accordance with the human resources procedures in the +Federal Government Entity and its approved digital syst ems. +5. The employee who works remotely shall perform the tasks and assignments required of him +at the times and dates determined by the employer and in accordance with the remote work +systems adopted in this regard. + +Article (143) +Official Working Hours Violations +1. The direct superior is primarily responsible for reporting the employee's com pliance with the +official working hours, whether from in-house or remotely, taking the necessary measures +regarding the imposition of the penalty, and informing the Human Resources Department in +the Federal Entity of th e same . The Human Resources Department shall, in accordance with +the approved regulations , verif y violations related to official working hours, and the direct +superior's commitment to the sanctions prescribed in the Table contained in Annex No. (3) +attached to this Resolution . +2. The Human Resources Department in the Federal Entity is committed to ensuring that the Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 88 + + direct superiors are committed to playing their role in following up on the com pliance of their +employees with official working hours , and in the event that it is proven that any direct +superior does not comply with this, it shall sanction him in accordance with the legislation in +force. +3. The Table of Violations of Official Working Hours contained in Annex No. (3) attached to this +Resolution may be amended by a virtue of decision issued by the FAHR Chairman if the public +interest so requires. +4. The sanctions imposed on the employee shall be reasoned and the employee shall be notified +thereof within three (3) working days as of the date of issuance thereof . +5. No more than one sanction may be imposed on the employee for the same violation. +6. If the employee commits more than one violation during the week, each violation shall be +considered separate in terms of type and repeated in terms of the number of times ; and the +direct superior shall , in coordination with the Human Resources Department i n the Federal +Entity, impose the most severe penalty for the most serious violation in light of the number of +repetitions of the total violations committed and shown in the a forementioned Table, +regardless of the gradation. +7. If the employee repeats the violation for the fourth time during one year, the Human +Resources Department in the Federal Entity shall impose a higher penalty in accordance with +the types of penalties st ipulated in article (107) of this Resolution. + +Article (144) +Compensation for Working in Weekends +1. The direct superior may assign the employee to work in week ends , in accordance with the +requirements and interest of work. +2. The employee assigned to work in week ends shall be granted days equal to the number of +days during which he worked in lieu thereof. +3. In all cases, the employee may not be granted cash compensation for the days he worked +during the week ends . Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 89 + + +Article (145) +Compensation for Work During P ublic Holida ys +1. The direct superior may assign the employee to work during a public holiday, in accordance +with the requirements and interest of work. +2. The employee assigned to work during public holidays shall be granted days equal to the +number of days during which he worked in lieu thereof. + +Article (146) +Overtime Compensation System +The employee shall be granted compensation for the overtime work assigned there to outside the +official working hours in accordance with the following controls: +1. The employee shall be assigned additional work after the official working hours. +2. The assignment shall be issued by the director of the department to which the employee +belongs, including the nature of the work to be performed by the employee and the number +of working hours requ ired to complete it. +3. The payment of cash compensation for overtime work shall be limited to the employee who +occupies the fourth grade or its equivalent in Federal Entities or below. +4. The number of overtime hours shall be calculated after the employee perfo rms the minimum +official working hours. +5. The compensation may be granted leaves in lieu of overtime at the rate of one day for every +(8) working hours. +6. The compensation for overtime shall not exceed (30%) of the basic salary per month, and not +exceed two th ousand (2,000) AED per month. +7. The disbursement shall not exceed the allocat ion for this purpose in the budget of the Federal +Entity. +8. The overtime assigned shall meet the actual work needs. Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 90 + + +Termination of Service +Article (147) +Reasons for Termination of Service +The employee's service shall be terminated for any of the following reasons: +1. Failure to pass the probationary period . +2. Functional incompetence. +3. Medical u nfitness. +4. Absence from work without acceptable justification for a period of ten (10) consecutive +working days, or twenty (20) intermittent working days during one year. +5. Replacement with the intention of Emiratisation . +6. Restructuring. +7. Layoff by a Cabinet resolution . +8. Issuance of a federal decree terminating the service. +9. Dismissal from service by a decision related to an administrative violation or dismissal by a +court judgment . +10. Conviction of a felony or misdemeano ur breaching honour , honesty or morals. +11. Being s entenced to imprisonment for a period exceeding three (3) months for any felony or +misdemeano ur. +12. Withdrawal or revocation of the nationality of the State from the employee. +13. Not renew ing the employment contract, or terminat ing it before the expiry of its term. +14. Resignation. +15. Reaching the retirement age. +16. Retirement before reaching the legal age. +17. Death. + Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 91 + + Article (148) +Authority of Termination of Service +Termination of service for the reasons stated in article (147) of this Resolution shall be issued by +the appointing competent authority, except for the following: +1. Laying off the employee, which shall be by virtue of a Cabinet resolution , issued upon a +recommendation from the concerned Chairman of the Federal Entity, with the payment of the +total salary for the notice period prescribed for his grade, provided that this period is not +counted as part of his service period with the Federal Entity. +2. Term ination of service due to death, which shall be by virtue a decision issued by the +Chairman of the Federal Entity or his authorised representative. + +Article (149) +Failure to Pass Probationary Period +1. The employer may terminate the employee's service d uring the probationary period, if it is +proven that he is incompetent or unfit to carry out his job duties or due to his unsatisfactory +performance, by a decision issued the competent appointing authority based on a +recommendation from the concerned employ ee's direct superior in accordance with the +approved mechanisms, provided that he is granted a notice period not less than five (5) +working days. +2. The employee whose service is terminated during the probationary period shall not be paid +any financial allowa nce for the notice period. + +Article (150) +Job I ncompetence +1. The competent appointing authority may terminate the service of the employee due to his job +incompetence if he obtains an annual evaluation in accordance with the level and time frame +determined by the Performance Management System for this purpose. +2. In all cases, the equivalent of the gross salary for the notice period pre scribed for his grade Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 92 + + shall be paid, without prejudice to his other entitlements. + +Article (151) +Medical Unfitness +1. The service of the national employee shall be terminated for health reasons in accordance +with the provisions and procedures followed by the GPSSA . +2. The competent appointing authority may terminate the services of the non -national employee +if the Medical Committee proves his unfitness to perform the duties of his job. +In all cases, the employee's services shall be terminated directly with the payment of the +equivalent of the gross salary for the notice period prescribed for his job grade, provided that this +period shall not be counted as part of his service with the Fed eral Entity. + +Article (152) +Absence F rom Work +1. The service of the employee shall be terminated in the event of being absent from work +without prior permission or an acceptable excuse for a period exceeding (10) consecutive +working days or twenty (20) intermittent working days during one year. +2. The termination of the employee's service in accordance with the provisions of this article +shall be as of the date of the first day on which he is absent from work if the period of absence +is continuous and as of the day following the day on which the period of absence reach es +twenty (20) working days if the period of absence is intermittent. +3. The employee whose service is terminated due to absence from work shall not be paid any +financial al lowance for the notice period . + +Article (153) +Replacement with the Intention of Emiratisation +The service of the non -national employee may be terminated by a decision issued by the +competent appoint ing authority due to the Emiratisation of the job he occupies, provided that the Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 93 + + employee is given notice thereof and the total salary of the notice period prescribed in his +employment contract shall be paid, provided that this period shall not be counted as part of the +period of his service with the Fed eral Entity. + +Article (154) +Restructuring +The employee's service may be terminated based on the financial and administrative effects +resulting from the restructuring of organisational units or jobs therein, provided that the +employee is given a notice thereof and the gross salary of the notice period prescribed in his +employment contract shall be paid, provided that this period shall not be counted as part of his +service period with the Federal Entity. + +Article (155) +Layoff by Cabinet Resolution +The service of an employee may be terminated by virtue of a layoff resolution issued by the +Cabinet upon a recommendation from the concerned Chairman of the Federal Entity, for any +reason, with the payment of the gross salary for the notice period prescribed for his grade, +provided that this period is not counted as part of his service period with the Federal Entity. + +Article (156) +Issuance of Federal Decree +The employee's service shall be terminated by virtue of a feder al decree , with the payment of the +gross salary for the notice period prescribed for his job grade, provided that this period is not +counted as part of his service period with the Federal Entity. + Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 94 + + Article (157) +Termination of Service by Decision Related to Administrative Violation +or Dismissal by Court Judgment +1. The service of an employee may be terminated by virtue of a decision issued by the competent +appointing authority based on a court judgment to dismiss him, or for disciplinary reasons +based on a recommendation from the Human Resources Department in the Federal Entity. +2. The Human Resources Department in the Federal Entity shall determine in its +recommendation, according to each case, the notice period and the entitlements that may be +disbursed to the employee or deducted from him in accordance with the provisions of the +Human Resources Law and this Resolution . +3. The service of the employee whose service is terminated by a court judgment shall be deemed +terminated as of the date of issuance of the final judgment. +4. The employee whose service is terminated by virtue of a court judgment or administrative +violation shall not be entitled to a financial allowance for the notice period. + +Article (158) +Conviction of F elony or Misdemeano ur +1. The service of the employee shall be terminated in the event that he is convicted of any felony +or misdemeano ur breaching honour , honesty or morals, and the employer may terminate his +service in the event that he is convicted of any felony or other criminal misdemeano ur, and +sentenced to any imprisonment penalty for a period exceeding three (3) months, as of the date +of issuance of the final judgment. +2. The employee whose service is terminated in accordance with the provisions of this article +shall not be paid any financial allowance for the notice period. + + + + Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 95 + + Article (159) +Imprisonment for More than T hree (3) M onths +1. The employer may terminate the service of an employee who is imprisoned pursuant to a +court judgment in a civil case , if the period of imprisonment exceeds three (3) months. +2. The date of the final judgment shall be adopted as the date of ter mination of the employee's +service if the employer decides to terminate the service of the employee against whom the +judgment is issued. +3. The employee whose service is terminated in accordance with the provisions of this article +shall not be paid any financ ial allowance for the notice period. + +Article (160) +Withdrawal or Revocation of Nationality from Employee +1. The service of an employee whose nationality is revoked or withdrawn shall be terminated as +of the date of issuance of the decree. +2. The employee whose service is separated for this reason shall not be entitled to a financial +allowance for the notice period. + +Article (161) +Not Renew ing or Terminat ing Contract Before its E xpiry +The competent appointing authority shall have the right not to renew or terminate the employee's +contract at any time, provided that the employee is given notice thereof and in accordance with +the conditions stipulated in the contract and this Resolution . + +Article (162) + Resignation +1. The employee may resign from his job by means of a request that includes notifying the +Federal Authority within the prescribed notice period as specified in the employee's contract. +2. The resignation shall be considered accepted in the event th at the Federal Entity does not take Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 96 + + the appropriate decision thereon and if it inform s the employee there of in writing within one +month of submission. + +Article (163) +Reaching Retirement Age +1. The service of an employee shall be terminated upon reaching the age of retirement in +accordance with the legislation in force in this regard, unless his service is extended by a virtue +of a decision issued by the Chairman of the Federal Entity or his auth orised representative. +2. The Federal Entity shall notify the employee when it does not wish to extend his service if he +reaches the retirement age, no less than (6) six months before reaching the retirement age, +that h is service will not be extended, and tha t it will be terminated in accordance with the +legislation in force so that he can arrange his own affairs after retirement. + +Article (164) +Retirement Before Reaching Legal Age +Based on a policy issued by the Cabinet upon the proposal of the Ministry of Finance in +coordination with the FAHR , and in accordance with the Pensions and Social Security Law, the +service of the national employee may be terminated and he may be referred to retirement before +reaching the legal age for retirement, whether at his desire or the desire of the employer in +accordance with the conditions determined by the same policy. + +Article (165) +Death +1. The service of the employee shall be terminated upon his death. +2. If the employee naturally dies during his service with the Federal Entity, or as a result of an +accident outside the workplace not because of suicide, the Federal Entity shall pay a lump sum +to the person whom the employee specified in writing before his death , equivalent to the gross +salaries of three months in addition to the full gross salary of the month in which the death Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 97 + + occurs , and any other entitlements stipulated in the Law. +3. If the employee does not specify the person mentioned in the preceding Clause , such salaries +shall be paid to his dependents at the time of his death equally between males and females. +4. The amounts stipulated in this article shall be considered a grant that may not be considered +part of th e end -of-service entitlements or deducted from them in any way, nor may they be +seized or set off against any amounts that may be due to the Federal Authority by the deceased +employee. +5. In the event that a non -national employee dies during his service with the Federal Entity, and +his family wishes to bury him in his country, the Federal Authority shall incur the costs of +transporting his body to the nearest international airport in his country in addition to one +ticket for one of the dead body's companions. + +Article (166) +Notice Period +1. The employee shall continue his work until the expiration of the notice period. However, the +Federal Authority may, at the request of the employee, reduce the notice period after accepting +the resignation and immediately terminat e his services, provided that he agrees to pay the +notice allowance due there to or deduct it from his entit lements , provided that this period is +not counted as part of his service period with the Federal Entity. +2. The Federal Entity may, on its own initiative, terminate the service of the resigned employee, +provided that it pays him his total salary due to him fo r this period. +3. The Federal Entity may exempt the resigned employee whose request to reduce the notice +period is approved from paying the notice allowance due to the Federal Entity + +Article (167) +Interviews Investigating Reasons for Resignation +The Human Resources Department in the Federal Authority shall conduct a personal interview +with each employee who resigns from his job or requests the non -renew al of his contract, with Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 98 + + the aim of collecting the necessary data to improve and develop work sy stems and policies . + +Article (168) +End -of-Service Gratuity +1. The entitlements of the national employee upon the end of his service shall be calculated in +accordance with the provisions of Federal Law No. (7) of 1999 promulgating the Pensions and +Social Security Law, as amended. +2. Upon termination of his service, the (non -national) employee appointed in the full -time +pattern basis shall be entitled to an end -of-service gratuity calculated according to the basic +salary as follows : +a. The b asic salary for (21) days for each of the first five years. +b. The b asic salary for (30) days for each of years exceeding th e years stated above . +3. The end -of-service gratuity for the employee who works in other patterns of work shall be +calculated on a pro rata basis as to the mechanism st ipulated in Clause (2) of this article. +4. The employee shall not be entitled to an end -of-service gratuity if his service period in the +Federal Entity is less than one consecutive year. +5. For the purposes of calculating the end -of-service gratuity, the notice period and the total +number of days of leave due that the employee has not exhausted in accordance with the +provisions of the Human Resources Law and this Resolution shall be counted as part of the +period of service and the part of the month shall be considered a full month. +6. Subject to the Federal Law Concerning Pensions and Social Security, the end -of-service +gratuity shall be paid to the employee who obtains the nationality of the State on the basis of +the last basic salary before obtaining the nationality of the State. +7. The Federal Entity shall have the right to deduct any amounts from the employee's end -of- +service gratuity to pay for the debts and obligations owed by him to the Federal Entity in +accordance with the provisions of the legislation in force. +8. The Cabinet shall adopt other patterns and mechanisms for the payment of end -of-service +gratuity and the rules for its disbursement. Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 99 + + Article (169) +Mechanism of Application of End-of-Service Gratuity +End -of-service gratuity is payable as follows: +1. Non -national employees who are continuing their jobs prior to the entry into force of this +Resolution : their end -of-service gratuity shall be calculated in accordance with the previous +systems in force in the federal entity prior to the issuance of this Re solution . +2. After the entry into force of this Resolution : the end -of-service gratuity entitlements shall be +calculated for all non -national employees (continuing and new) in accordance with article +(168) of this Resolution . + +Article (170) +Interpretation of Regulations and Relevant Matters +The FAHR is responsible for interpreting the regulations and systems related to human resources. + +Article (171) +Signing Contracts +Federal entities shall ensure that all employees shall, as of the date of their appointment or upon +the expiry of their contracts, sign the Employment Contract Form contained in Annex (1) attached +to this Resolution , which is intended for all patterns of work in accordance with the human +resources procedures and digital systems adopted in the Federal Government. + +Article (172) +Final Provisions +1. Cabinet resolutions issued prior to the issuance of Federal Decree -Law No. (49) of 2022 +Concerning H uman Resources in the Federal Government, regarding the exemption of some +federal entities from the application of the Human Resources Law in the Federal Government +or some of its provisions, shall be considered effective unless the Cabinet decides otherwise. Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 100 + + 2. The approved grade and salary tables shall continue to be in force before the provisions of +Federal Decree -Law No. (49) of 2022 Concern ing Human Resources in the Federal +Government enters into force, and they cannot be amend ed except by virtue of a Cabinet +resolution . +3. The Cabinet may change the periods, percentages or values mentioned in this Resolution +according to the variables and needs of work, and what is required by the public interest. +4. Accommodation allowance, as well as allowances related to health insurance, travel ticket s +and children's education shall be granted in accordance with the systems adopted in this +regard in the Federal Government, provided that any allowance that the employer decides to +grant to the employee is mentioned in the annual benefits clause contained in the +employment contract. +5. The FAHR shall , in coordination with the Ministry of Finance and the concerned federal +entities, shall supervise the implementation of the procedures for accommodating current +employees on the categories corresponding to their gross salaries in accordance with the +conditions and controls stipulated in this Resolution. + +Article (173) +Repeals +1. The resolutions below shall be repealed , as well as any other resolutions or provisions that +conflict with the provisions of this Resolution : +a. Cabinet Resolution No. (1) of 2018 Concerning the Executive Regulation of Federal +Decree -Law No. (11) of 2008 Concerning Human Resources in the Federal Government +and its amendments. +b. Cabinet Resolution No. (21) of 1999 Concerning Financial Allocations for Retired Military +Personnel Appointed in the Federal Government. +c. Cabinet Resolution No. (17) of 2011 Determining the Ceiling for Financial and In-Kind +Privileges for Private Contracts , and its amendments. +d. Cabinet Resolution No. (221/9 M/1) of 2015 Approving Forms of Contracts for National Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 101 + + and Non -National Experts and Con sultants . +2. The previous resolutions , regulations and systems shall continue to be in force to the extent +that they do not conflict with the provisions of the Human Resources Law and this Resolution , +until the issuance of the systems , regulations and resolutions that replace them. + +Article (174) +Publication and Enforcement +This Resolution shall be published in the Official Gazette and shall enter into force as of 1 July +2023. + + + + + + + + + + + + + + +Mohammed Bin Rashid Al Maktoum +Prime Minister + +On: 15 Shawwal 1444 H +Corresponding to : 5 May 2023 AD Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 102 + + Annex No. (1) +Unified Employment Contract Form for Federal Government Employees + +Clause No. (1) +This contract has been concluded o n Corresponding to / / between: + +Federal Entity/ Authority ................ Represented by / +In his capacity of ............... , hereinafter referred to as First Party +And the employee / +National : +Non -National : +Nationality: +Passport Number: +ID Card Number: +Marital Status: +Military Retiree: +Civilian Retiree: +Address: +Emirate: +Region : +Phone N o.: +Mobile N o.: +P.O Box : +Hereinafter referred to as Second Party. + +Pursuant to the appointment decision issued by the competent authority of the First Party , No. +(....) for the year (....) dated (..../.../...) , and since the Second Party has completed the procedures +required for his appointment in accordance with the legislation in force, the two parties agreed on Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 103 + + the following : +Clause No. (2) +Preamble +The previous preamble and any documents or annexes submitted by the Second Party , required +as a condition f or appoint ment shall be considered an integral part of this contract, as this contract +shall be considered null if they are proven to be invalid . This contract , after being sign ed, shall be +considered the final approved document agreed upon with the employee and sha ll replace any +previous agreement. + +Clause No. (3) +Appointment, Salary , and Position +1. The First Party agree s to appoint the Second Party to work for him in : Sector/ ........... +Department /........... in accordance with the terms of this contract and according to the +following data: +Employment Pattern : ........................................ +Type of Work: ……………………………………. +Advantages (None, Experts & Consultants, Special): ........................................ +Job: ........................................ +Grade: ........................................ +Basic Salary: ........................................ +Special bonus or any other allowances for the employee accordi ng to the systems adopted +in the Government (to be clarified if any ): ........................................ +Gross salary ( Including basic salary and all bonuses and allowance + ........................................ +Other annual benefits according to the systems +adopted in the F ederal Government (if any) : ........................................ +2. The employer may transfer the employee to any other job, whether within the Entity or to +another Government Entity, based on the interest and requirements of the work. Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 104 + + +Clause No. (4) +Validity of Contract +Subject to the Clause (5) below, this contract shall be valid for a period of (...) (The Entity shall +determine the duration of the contract based on the nature of the Entity's work no t exceeding +three (3) years), starting as of the date of / / 20 to / / 20 , renew able in accordanc e +with the legislation in force with the consent of both parties. + +Clause No. (5) +Probationary Period +1. The “Second Party ” shall be subject to a probationary period of six (6) months, which may be +extended for another six (6) months. +2. The “First Party ” may terminate the service of the Second Party after a notice period of five (5) +working days, if it is proven that he is incompetent, and the Second Party may resign during +the pr obationary period after submitting a similar notice period. + +Clause No. (6) +Leaves +1. The Second Party shall be granted annual leave paid with full pay (..... working days) according +to the job grade, provided that this leave is not due until after the successful completion of the +probationary period. +Note: (The leave of the employee of the educational cadre shall be in accordance with the +academic calendar det ermined by the competent authorities. ) +2. The Second Party shall grant other leaves in accordance with the conditions and controls +stipulated in Federal Decree -Law No. (49) of 2022 Concerning Human Resources in the +Federal Government , its Executive Regulation , and the resolutions issued in implementation +thereof. + Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 105 + + Clause No. (7) +Notice Period +The notice period prescribed for the Second Party shall be for a period of (..... day) in accordance +with the provisions of the Executive Regulations of Federal Decree -Law No. (49) of 2022 on +Human Resources in the Federal Government. +Note: (The Entity shall determine the notice period based on the job grade and the nature of the +Entity's work for no more than three (3) months). + +Clause No. (8) +Prom otions & Bonuses +The promotions of the Second Party are subject to the provisions stipulated in Federal Decree - +Law No. (49) of 2022 Concerning Human Resources in the Federal Government, its Executive +Regulation , and the resolutions issued in implementation thereof. + +Clause No. (9) +Working Hours +Working hours, public holidays, and compensation for overtime wo rk shall be in accordance with +the provisions of Federal Decree -Law No. (49) of 2022 Concerning Human Resources in the +Federal Government, its Executive Regulation, and the resolutions issued in implementation +thereof. + +Clause No. (10) +Reasons for Termination of Service +The Second Party shall be subject to t he reasons for termination of service st ipulated in Federal +Decree -Law No. (49) of 2022 Concerning Human Resources in the Federal Government, its +Executive Regulation, and the resolut ions issued in implementation thereof. + Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 106 + + Clause No. (11) +Second Party Obligations +1. The Second Party shall abide by the provisions of Federal Decree -Law No. (49) of 2022 +Concerning Human Resources in the Federal Government, its Executive Regulation, and the +resolutions issued in implementation thereof , the Code of Ethics and Professional Conduct +Document of the Public Service , the Information Security System, the Regulation Organising +the Use of Social Media by Employees of Federal Entities, and any regulations or systems +issued subsequently in this regard. +2. The Second Party shall be oblig ated to perform all duties, tasks and liabilities related to the +job, and to perform his duties accurately and honestly in accordance with the job description, +and any other tasks related to his work assigned there to by his superiors. +3. The Second Party shall refrain from the prohibitions contained in any of the legislation in force +in the State. +4. He shall maintain the confidentiality of anything he has access to by virtue of his job, whether +during the continuation of his relationship with work or after it. +5. The Second Party acknowledges its acceptance to perform the tasks and liabilities of the job +entrusted there to in accordance with the terms of this contract, Federal Decree -Law No. (49) +of 2022 Concerning Human Resources in the Federal Government, its Executive Regulation, +and the resolutions issued in implementation thereof , and any relevant legislation. + +Clause No. (12) +Instruments & Documents +Upon termination of his service for any reason, the Second Party shall hand over to the First Party +the property, equipment, documents, correspondence, reports, drawings, plans, files, and the like, +owned by the First Party ; and the Second Party undertakes not to keep or use any assets or copies +thereof, and to hand them over to the First Party, whether paper, electronic or in any other form. + Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 107 + + Clause No. (13) +Amendment to the Contract +The First Party shall have the right, during the validity of this contract or upon the expiry of its +duration , to change any of the terms contained in this contract, whether by modification , +cancellation or deletion as required by the interest of work in the Federal Gove rnment . + +Clause No. (14) +Termination of the Contract +The First Party has the right, as required by the interest of his work, to terminate this contract +during its validity duration or to terminate it before the expiry of its duration based on the +legislat ion and regulations adopted in the Federal Government , and without giving reasons. + +Clause No. (15) +Deduction of Financial Entitlements +The First Party shall have the right to deduct any amounts from the entitlements of the Second +Party in accordance with the provisions of the legislation in force to pay for the debts and +obligations owed to the First Party by the Second Party . + +Clause No. (16) +Emergenc ies +In emergenc ies, and in accordance with the controls determined by the Cabinet , the First Party +may grant the Second Party an exceptional unpaid leave for the period determined by the +Chairman of the Federal Entity . + +Clause No. (17) +Competent Courts +The Federal Courts of the United Arab Emirates shall have the jurisdiction to consider all disputes Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 108 + + arising from the performance of this contract. + +Clause No. (18) +End -of-Service Gratuity +1. The provisions of the Pensions and Social Security Law, as amended, shall apply to the Second +Party (national ) for the duration of this contract. +2. The Second Party (non -national ) shall be entitled to end -of-service gratuity in accordance +with the provisions stipulated forth in the Executive Regulations of Federal Decree -Law No. +(49) of 2022 Concerning Human Resources in the Federal Government. +3. The non -national employee appointed according to the benefits of experts and consultants +shall not be entitled to an end -of-service gratuity for years of service with the Federal Entity. + +Clause No. (19) +Cop ies the Contract +This contract is drawn up in Arabic in two original copies, as each party ha s a copy to act by virtue +thereof , and when the contract is in another language in addition to Arabic, the contract drawn up +in Arabic shall prevail in the event of any discrepancy. + +First Party Second Party + + Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 109 + + Annex No. (2) +Table No. (A) +Concerning the Allocations f or Delegation to O fficial and Training Missions + +Job & Grade of Delegate Delegate 's +Position Head of +Delegation Member of +delegation and/or +single delegate +Entitlement Hospita bility Hospita bility +Without Full Without Full +Undersecretary, Director +General and the like. Head of +Delegation +Allowance 1,050 525 - - +Travel +Allowance 3,000 1,500 3,000 1,500 +Total 4,050 2,025 3,000 1,500 +Assistant Undersecretary and +the like. Travel +allowance 3,000 1,500 3,000 1,500 +Employees of S pecial Class to +Grade Two , and those at their +level. Travel allowance 2,500 1,250 2,500 1,250 +Employees of Grade Three and +below or equivalent. Travel allowance 2,000 1,000 2,000 1,000 + + Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 110 + + Table No. ( B) +Concerning Travel Tickets for a Delegate to Official Mission, Program or +Training Course Outside the State +Job Grade Travel Class +Undersecretary, Director General and the like. First Class +Assistant Undersecretary and the like, and employees of special +grades. Business Class +First -class employees and below or equivalent. Economy Class + + Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 111 + + Annex No. (3) +Concerning Official Working Hours Violations + +Type of Violation Gradation of Sanction During the Year +First time Second time Third time +First: Violations related to prescribed working hours without an acceptable excuse +Late reporting to +work for no more +than two hours, +more than that shall +be treated as +employee absent +from work. Written Caution Written Notice Deduction of one day +from gross salary +Absence from work +without legal +permission for three +days or less Deduction of one +from salary + days of +absence Deduction of two days +from gross salary + +days of absence Deduction of three +days from gross salary ++ days of absence +More than three +days and less than +ten days Deduction of three +days from salary + +days of absence Deduction of four +days from gross salary ++ days of absence Deduction of five days +from gross salary + +days of interruption +Second: Violations related to electronic signature accord ing to the mechanisms adopted +in the Federal Government +Failure to sign in and +out without an +acceptable excuse Deduction of one day +from gross salary Deduction of two +days from gross salary Deduction of three +days from gross salary +Manipulation of the +signing in and out +system Deduction of five +days from gross salary Referred to the Human Resources Department +to determine a higher sanction Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 112 + + Third: Violations related to leaving the workplace without permission or an acceptable +excuse +Leaving the +workplace without +permissi on or +excuse acceptable to +the direct superior Written Caution Written Notice Deduction of one day +from gross salary +Fourth: Violations related to the actual regularity of working hours +Being present +without acceptable +justification in a +place other than the +place designated for +work Written Caution Written Notice Deduction of one day +from gross salary +Sleep ing at work Deduction of two +days from gross salary Referred to the Human Resources Department +to determine a higher sanction + + Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 113 + + Annex No. (4) +Concerning Technical Allowance + +Category Eligible for Bonus Bonus Value +Incumbents of technical/ vocational/ specialised jobs ( who hold +university qualifications ), which include engineering jobs of all +specialties, IT jobs, agricultural engineering jobs, and geology jobs. (50%) of the basic salary +with a maximum of +(5,000) AED per month. +Incumbents of technical/ vocational/ specialised jobs (who hold +post -secondary diploma), which include assistant engineering jobs +in all specialties, IT jobs and agricultural guides. (30%) of the basic salary, +with a maximum of +(2,500) AED per month. + + Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 114 + + Annex No. (5) +Concerning the Table of Benefits of Experts and Consultants + +Category of +Benefits of +Experts and +Consultants National Employee +The corresponding job +grade in the General +Cadre Basic +Salary Number of years of +experience + Maximum +Gross Monthly +Salary (AED)* +A Special ( A) 34,000 (20) years and above 120 ,000 +B Special ( B) 25,00 (15) years to (19) years 90,000 +C Grade One 17,300 (10) years to (14) years 55,000 +Appoint ment according to the benefits of experts and consultants for the national employee shall +only be for the incumbents of the jobs of (consultant/ expert) or (assistant consultant/ assistant +expert) who occupy Grade One to Special Grade (A) or equivalent in the approved grade and +salary table . +* All salary breakdown prescribed for the job grade in which the expert or consultant is appointed +shall be included in the Grade and Salary Table adopted in the Federal Entity or by virtue of any +other decisions within the gross monthly salary granted there to, not exceed ing the maximum limit +stated above. + +Category of +Benefits of +Experts and +Consultants Non -National Employee +The +corresponding job +grade in the +General Cadre Basic +Salary Number of years of +experience + Maximum +Gross Monthly +Salary (AED)* +A +Grade One 7,475 (20) years and above 120 ,000 +B (15) years to (19) years 90,000 +C (10) years to (14) years 55,000 +Appointment according to the benefits of experts and consultants for the non -national employee Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 115 + + shall only be for the incumbents of the jobs of (consultant/ expert) or (assistant consultant/ +assistant expert) who occupy Grade One or equivalent in other approved grade and salary table s. +* All salary breakdown prescribed for the job grade in which the expert or consultant is appointed +shall be included in the Grade and Sal ary Table a dopted in the Federal Entity or by virtue of any +other decisions within the gross monthly salary granted thereto, not exceed ing the maximum limit +stated above. Cabinet Resolution of 20 23 Concerning the Executive Regulations of Federal Decree -Law of 20 22 Concerning Human +Resources in the Federal Government 115 + Annex No. (6) +Concerning the Table of Special Benefits + +Job Grade National Employee Non -National Employee +Basic Salary Maximum +Gross Monthly +Salary (AED) Basic Salary Maximum +Gross Monthly +Salary (AED)* +Special ( A) 34,000 100 ,000 - - +Special ( B) 25,500 76,000 - - +Grade One 17,300 51,000 7,475 85,000 +Grade Two 15,940 48,000 6,900 60,000 +Appointment according to special benefits shall only be for the incumbents of senior positions +who occupy Grade Two to Special Grade (A) or equivalent in the approved grade and salar y tables . +* All salary breakdown prescribed for the job grade in which the employee is appointed according +to special benefits shall be included in the Grade and Salary Table adopted in the Federal Entity or +by virtue of any other decisions within the gross monthly salary granted thereto, not exceeding +the maximum limit stated above. + " +"labour, residency and leberal professions",Cabinet Resolution No. (27) of 2019 Concerning the Public Holidays in the State,"Article (1) +Public Holidays for the Public and Private Sector in the State, shall be as follows : +Holiday Date Number of Days +Gregorian New Year 1 January 1 day +Eid Al -Fitr From 29 Ramadan to 03 +Shawwal - +Arafa Day 09 Thu Al -Hijjah 1 day +Eid Al -Adha 10-11-12 Thu Al -Hijjah 3 days +Hijri New Year 1 Muharram 1 day +Commemoration Day 30 November 1 day +National Day 2-3 December 2 days + Cabinet Resolution of 20 19 Concerning the Public Holidays in the State 2 + " +"labour, residency and leberal professions",Cabinet Resolution No. (27) of 2019 Concerning the Public Holidays in the State,"Article (2) +With the exception of Eid Holidays, the Cabinet may by a resolution postpone any of the +aforementioned public holidays in article (1) of this Resolution to the beginning or end of the +week. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (27) of 2019 Concerning the Public Holidays in the State,"Article (3) +It is not permissible to postpone a public holiday if it falls on another public holiday or on the +weekend. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (27) of 2019 Concerning the Public Holidays in the State,"Article (4) +Local governments may determine any other public holidays, not mentioned in this resolution, +for its own government departments and in stitutions for any special occasions related to it or for +any other reason. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (27) of 2019 Concerning the Public Holidays in the State,"Article (5) +Cabinet Resolution No. (17) of 2009, aforementioned, shall be repealed as well as any provision +conflicting or contradicting with the provisions of this Resolution. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (27) of 2019 Concerning the Public Holidays in the State,"Article (6) +This Resolution shall come into force as of its date of issuance and shall be published in the official +gazette . + +Mohammed bin Rashid Al Maktoum +Prime Minister + +On: 25 Rajab 1440 A H +Corresponding to: 01 April 2019 AD +Issued by us, + " +"labour, residency and leberal professions",Federal Decree by Law No. (27) of 2018 Concerning Equality in Wages between Men and Women,"Article (1) +Definitions +In application of the provisions of this Decree -Law, the following words and expressions +shall have the meanings ascribed thereto unless the context requires otherwise: + State : United Arab Emirates. +Governmental +Bodies : Federal Governmental Ministries, Authorities, Institutions, +Centres, Councils and Offices . + Salaries : Basic salaries. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (27) of 2018 Concerning Equality in Wages between Men and Women,"Article (2) +Provisions of this Decree -Law shall apply to Federal governmental bodies. + + +Federal Decree- Law No. (27) of 2018 Concerning Equality in Wages between Men and Women 2 + " +"labour, residency and leberal professions",Federal Decree by Law No. (27) of 2018 Concerning Equality in Wages between Men and Women,"Article (3) +The Government may not discriminate or distinguish in its applicable regulations and +systems between labourers on the basis of gender concerning the value of salaries paid for +any labourer at the same job grade, unless there are other reasons that require otherwise, +such as academic qualification, specialization, professional skills, expertise or competences. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (27) of 2018 Concerning Equality in Wages between Men and Women,"Article (4) +Any provision contrary to or inconsistent with the provisions of this Decree -Law shall be +repealed. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (27) of 2018 Concerning Equality in Wages between Men and Women,"Article (5) +This decree- Law shall be published in the official Gazette and shall come into force 14 from +its date of publication. + + +Khalifa Bin Zayed Al Nahyan +President of The United Arab Emirates + + + +Issued by Us at the Presidential Palace in Abu Dhabi: +Dated: 13 Muharram, 1440 H +Corresponding to: 23 September 2018 AD + + " +"labour, residency and leberal professions",Federal Decree by Law No. (13) of 2022 Concerning Insurance against Unemployment,"Article (1) +Definitions +In implementing the provisions of this Decree by Law, the following terms and phrases +shall have the meaning assigned to each, unless the context requires otherwise: +State : The United Arab Emirates. +Ministry : The Ministry of Human Resources and Emiratization. +Minister : The Minister of Human Resources and Emiratization. +Central Bank : The Central Bank of the UAE. +Scheme (Insurance : A scheme that aims to compensate the insured with a cash +Federal Decree by Law No. (13) of 2022 Concerning Insurance against Unemployment 2 + against +Unemployment +Scheme) amount for a limited period, in the event of unemployment, in +return for a subscription fee collected from the +worker/employee, in accordance with the provisions of this +Decree by Law and the Cabinet Resolutions regulating the +same. +Insured : The worker/employee who works in the private sector in the +State or in the federal government sector, who is subscribed to +the scheme in accordance with the provisions of this Decree by +Law and the Cabinet Resolutions regulating the same. +Worker/Employee : Every natural person working in the private sector in the State +or in the federal government sector. +Unemployment +Insurance : The unemployment resulting from terminating the services of +the insured at the employing entity in accordance with the +provisions of this Decree by Law and the Cabinet Resolutions +regulating the same. +Compensation : The amount which the insured is entitled to in the event of +unemployment in accordance with the provisions of this +Decree by Law and the Cabinet Resolutions regulating the +same. +Private Sector : Companies, institutions, establishments, or any other entities +owned by individuals wholly or jointly w ith the federal or local +government, and companies and establishments wholly +owned by the federal or local government unless the laws +incorporating them provide otherwise. +Federal +Government +Sector : Any Ministry established in accordance with Federal Law No. +(1) of 1972 on the Competences of Ministries and Capacities of +Ministers and its amendments thereof, as well as any federal +authority, institution or regulatory body affiliated with the +federal government. +Federal Decree by Law No. (13) of 2022 Concerning Insurance against Unemployment 3 + Service Provider : Insurance Companies licensed by the Central Bank, and that +meet the conditions for practicing the activity of the +unemployment insurance service provider, which are issued by +the Cabinet after consulting the Central Bank, or any other +governmental entity assigned by the Cabinet to provide +unemployment insurance services. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (13) of 2022 Concerning Insurance against Unemployment,"Article (2) +Objectives of the Decree by Law +This Decree by Law aims to achieve the following: +1. Guarantee the availability of an income, for a limited period of time, to the insured +during the unemployment period until alternative job opportunities become available, in +accordance with the provisions of this Decree by Law. +2. Enhance the competitiveness of the Emirati human resources within the labor market +and provide them with a social protection umbrella that guarantees the duration of a +decent life for them and their families until alternative job opportunities become +available. +3. Attract the world's best skilled labour talents and retain it within the State's labour +market to reach a competitive economy of knowledge. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (13) of 2022 Concerning Insurance against Unemployment,"Article (3) +Scope of Application +1. The pr ovisions of this Decree by Law shall apply to all workers of the private and federal +government sectors in the State, with exception to the following categories: +a. An Investor (owner of the facility in which he works). +b. Domestic workers. +c. A worker with a temporary contract. +d. Juveniles who are less than eighteen (18) years of age. +e. Retirees who receive a pension and have joined a new employment. +Federal Decree by Law No. (13) of 2022 Concerning Insurance against Unemployment 4 + 2. The Cabinet may, based upon the Minister's proposal, amend the scope of application of +this Decree by Law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (13) of 2022 Concerning Insurance against Unemployment,"Article (4) +Establishment of the Unemployment Insurance Scheme +Pursuant to the provisions of this Decree by Law, an unemployment insurance scheme shall be established in the State, which aims to compensate the insured with a cash amount – for +a limited period of time – in the event of unemployment; and the Cabinet shall, based upon +the Minister's proposal, determine the scheme's mechanism, operation, and application, and the value of the insured's monthly subscription; and it shall set any conditions or +procedures, or impose any penalties necessary for the implementation of the scheme. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (13) of 2022 Concerning Insurance against Unemployment,"Article (5) +Conditions for Entitlement to Compensation and its Suspension +The following shall be required by the insured to be eligible for compensation: +1. The insured's subscription period shall not be less than (12) twelve consecutive months in the scheme. +2. The insured should not be dismissed from his job for disciplinary reasons in accordance with the provisions of the Law Regulating of Labour Relations and the Law on Human +Resources in the Federal Government, and any relevant applicable legislation. +3. The claim for compensation should not be through fraud or deception, or if it turns out that the facility within which the insured works is fictitious; in such event, the penalties and sanctions stipulated in the Law on the Regulation of Labour Relations and any other +legislation in force in the State shall apply to the facility and the insured. +4. The compensation payment shall be suspended if the worker/employee joins another +employer during the compensation entitlement period. +5. The Cabinet may, based upon the Minister's proposal, amend the conditions for +entitlement to compensation. + +Federal Decree by Law No. (13) of 2022 Concerning Insurance against Unemployment 5 + " +"labour, residency and leberal professions",Federal Decree by Law No. (13) of 2022 Concerning Insurance against Unemployment,"Article (6) +Value and Period of Compensation +1. The compensation shall be on a monthly basis at the rate of (60%) of the subscription +salary and capped at AED 20,000 (Twenty Thousand UAE Dirhams) per month for a +period of (3) three months from the date of unemployment. +2. The maximum period for compensation shall be (3) three months for each claim, provided that the coverage period does not exceed (12) twelve months during the +period of service of the insured in the labour market in the State. +3. The insured may agree on additional benefits with the private service provider. +4. Without prejudice to the provisions of this clauses (1) and (2) above, the Cabinet may, +upon the Minister's proposal and after coordinating with the concerned authorities, +amend the rates, values, and periods stipulated in this article, in order to achieve more +benefits for the insured. +5. The disbursement of compensation to which the insured is entitled hereunder shall be +without prejudice to any other compensation or entitlements prescribed under any +legislation in force in the State. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (13) of 2022 Concerning Insurance against Unemployment,"Article (7) +Implementing Resolutions +The Cabinet shall issue the resolutions necessary for implementing the provisions of this +Decree by Law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (13) of 2022 Concerning Insurance against Unemployment,"Article (8) +Publication and Enforcement of the Decree by Law +This Decree by Law shall be published in the Official Gazette and shall come into force as of +the day following its date of publication. + + +Federal Decree by Law No. (13) of 2022 Concerning Insurance against Unemployment 6 + Mohamed bin Zayed Al- Nahyan +President United Arab Emirates + +Issued by us at the Presidential Palace in Abu Dhabi, +On: 19 / Safar / 1444 A.H. +Corresponding: 15 / September / 2022 AD + + " +"labour, residency and leberal professions",Cabinet Resolution No. (16) of 2024 on the Executive Regulations of Federal Decree-Law No. (20) of 2022 Regulating the Notary Profession,"Article (1) +Definitions +The definitions set forth in Federal Decree -Law No. (20) of 2022, referred to +hereinabove, shall apply to th is Resolution . In addition , the following words and +expressions shall bear the meanings assigned thereto respectively , unless the context +requires otherwise: +Profession : The notary profession , whether carried out by the Public +Notary or the Private Notary. +Office : An office licensed by both the Competent Licensing Authority +and the Ministry for carrying out the Profession in the State. +Competent +Licensing Authority : The local authority or free zone authority, as the case may be, +in charge of issuing the Office’s professional license. + Federal Cabinet Resolution of 20 24 on the Executive Regulations of Federal Decree -Law of 2022 Regulating the Notary +Profession 2 + License : The document issued by the Ministry, and which includes its +approval for the Private N otary to carry out their duties +through the O ffice. +Roster : The Private Notary registration roster. +Institute : The Judicial Training Institute of the Ministry of Justice. +Decree -Law : Feder al Decree -Law No. (20) of 2022, Regulating the Notary +Profession. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (16) of 2024 on the Executive Regulations of Federal Decree-Law No. (20) of 2022 Regulating the Notary Profession,"Article (2) +Procedures for Execution and Notariz ation of +Documents, Contracts and Instruments +The Notary shall execute and notarize docum ents, contracts and instruments according +to the following procedures: +1. The Person Concer ned shall submit an application , as per the form designated for +such purpose, for carrying out the transaction , accompanied by the documents +necessary for identity verification , such as an identity card, passport or any other +official document issued by the S tate. +2. The Notary shal l verify the eligibility of the P ersons Concerned an d their capacities +and their satisfaction with the transaction content . To that end , the Notary may use +IT Means that ensure the identity verification and appearance of the Persons +Concerned, such as visual communication and other means of remote +communication. +3. The Persons Concerned shall sign the document, contract or instrument, subject of +the transaction. +4. The N otary shall add a notarization report at th e end of the document, contract or +instrument to be signed and stam ped by their seal and shall attached with the +underlying document or contract . Federal Cabinet Resolution of 20 24 on the Executive Regulations of Federal Decree -Law of 2022 Regulating the Notary +Profession 3 + 5. The Concerned Person shall pay the prescribed fees, as per the applicable +mechanism. +6. The original document, contract or instrument, subject of the transaction , shall be +kept in the Notary’s records , and the transaction shall be recorded in the R egister. +7. The Person Concerned shall receive a copy of the document, contract or instrument, +subject of the tr ansaction, including the report referred to in Clause (4) above. +The Notary shall comply with the contr ols set forth in article (8) o f the Decree -Law, +pertaining to transactions of people with special cases. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (16) of 2024 on the Executive Regulations of Federal Decree-Law No. (20) of 2022 Regulating the Notary Profession,"Article (3) +Administration of Oath +An oath shall be administered before the Notary according to the following procedu res: +1. The Notary shall read out the instrument, subject of the oath administration , before +the Persons Concerned . +2. The oath taker shall take the legal oath by saying: “I swear by Almighty God ,” and +shall then mention the wording that relates to the content of the instrument . An oath +taker may take the oath, at their request, according to the conditions prescribed in +their religion. +3. The Notary shall record oath administration procedures in the report, which shall be +signed by the Persons Concerned and the Notary. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (16) of 2024 on the Executive Regulations of Federal Decree-Law No. (20) of 2022 Regulating the Notary Profession,"Article (4) +Execution and Notariz ation of Affidavits +1. The Notary shall verify the eligibility of the Persons Concerned and their capacities +and consent before executing and notarizing the affidavits. +2. The Public Notary shall execute and notarize the affidavits after administering oath +to the Persons Concerned, as set out in article (3) above. The administ ration of oath Federal Cabinet Resolution of 20 24 on the Executive Regulations of Federal Decree -Law of 2022 Regulating the Notary +Profession 4 + shall be limited to verifying affidavits that the Persons Concerned desire to have +them notarize d. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (16) of 2024 on the Executive Regulations of Federal Decree-Law No. (20) of 2022 Regulating the Notary Profession,"Article (5) +Administration of Oath and Notarization of +Affidavits by the Private Notary +1. The Private Notary shall have the power to administer oath and notarize affidavits , +as per the follo wing conditions and procedures: +a. He must submit an application to the Competent D epartment, as per the +form designated for such purpose, for grant ing them the power to administer +oath and notarize affidavits , accompanied by the documents specified by the +Committee for such purpose; +b. His name must be registered in the Roster for a period of not l ess than three +(3) years; and +c. He must have never been sanction ed by a disciplinary sanction for any +violation of the provisions of the Decree -Law or the present Resolution +throughout the three years preceding the submission of the application. +2. The Competent D epartment shall present the application to t he C ommittee to decide +thereon within (40) forty business days from the date of its submission, and the +applicant shall be notified of the decision within ten (10) business days f rom the date +of issuance. In the event that the Committee issues a decision of ap proval, it shall be +recorded in the register designated for such purpose . +3. The Committee sha ll issue a reasoned decision rejecting the grant ing of the power to +administer oath and notarize affidavits. Whoever has his application rejected may +file a grievance to the Minister against the rejection decision within ten ( 10) business +days from the date of being notified or of becom ing aware of the decision . The +decision issued by the Minister shall be final. Federal Cabinet Resolution of 20 24 on the Executive Regulations of Federal Decree -Law of 2022 Regulating the Notary +Profession 5 + 4. The Private N otary whom the C ommittee agreed to grant the power to administer +oath and notarize affidavits shall stamp instruments with a special seal showing the +Commi ttee’s approval number to grant such power, as set out in the register referred +to in Clause (2) above, and shall com ply with the same controls set out in articles (3) +and (4) above. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (16) of 2024 on the Executive Regulations of Federal Decree-Law No. (20) of 2022 Regulating the Notary Profession,"Article (6) +Notarizing and Recording Dates of Signatures on Unofficial instrument s +1. The Notary shall: +a. Notarize sign atures of the Persons Concerned on unofficial instrument s; and +b. Record dates of unofficial instrument s. +At the request of the Persons Concerned; provided that the underlying +transaction is re corded in th e Register and a report thereon is recorded and +be signed by , and stamped by the seal of the Notary and be delivered to the +Persons Concerned. +2. For applying Clause (1) above , the same procedur es set out in article (2) above shall +be applicable. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (16) of 2024 on the Executive Regulations of Federal Decree-Law No. (20) of 2022 Regulating the Notary Profession,"Article (7) +Keeping Copies of Documents and Instruments +1. When exercising their duties, as set out in the Decree -Law and the present +Resolution, the Notary shall keep a copy of any documents relied on when carrying +out the transaction. +2. For the purposes of applyi ng this A rticle, the documents referred to above mean any +official documents presented by the Perso ns Concerned for the verification of +identity , such as an identity card, passport or any other o fficial document issued by +the S tate, in addition to any other official documents that the Notary deems Federal Cabinet Resolution of 20 24 on the Executive Regulations of Federal Decree -Law of 2022 Regulating the Notary +Profession 6 + necessary to verify the eligibility, capacities and consent by the Persons C oncerned of +the content of the transaction. +3. Copies of the aforesaid documents shall be kept in the register designated for such +purpose , and failure to do the same shall con stitute a basis to hold the Notary +accountable on disciplinary grounds . + +" +"labour, residency and leberal professions",Cabinet Resolution No. (16) of 2024 on the Executive Regulations of Federal Decree-Law No. (20) of 2022 Regulating the Notary Profession,"Article (8) +Official Seals and Writ of Execution Seals +1. The Ministry shall approve official seals of the Notary and writ of execution seals as +regards the transactions carried out by the Notary, as follows: +a. The official seal of the Notary shall bear the logo of the M inistry, and shall +have the following wording on the stamp “The Notary Public and +Notarization Department - the Ministry of Justice”. +b. The writ of execution seal shall bear the following phrase: +“The competent authorities and bodies shall take necessary actions to +enforce this instrument , and shall provide assist ance for enforcing the same , +even if by force , whenever they are requested to enforce it.” +2. The official seal of the N otary and the writ of execution seal shall be governed by the +provisions of electronic seals set forth in Federal Decree Law No. (46) of 2021, on +Electronic Transactions and Trust S ervices. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (16) of 2024 on the Executive Regulations of Federal Decree-Law No. (20) of 2022 Regulating the Notary Profession,"Article (9) +Procedures of Corrections in the Register +1. The Register shall be free of any scraping, deletion, addition or breaks. +2. Data recorded in the Register may only be modified in the following cases: +a. In case of omission in recording the data in the Register; Federal Cabinet Resolution of 20 24 on the Executive Regulations of Federal Decree -Law of 2022 Regulating the Notary +Profession 7 + b. In case of material or clerical error in any of the data recorded in the Register; +and +c. In case such correction, deletion or addition is necessary, a s the direc tor of +the Competent D epartment deems appropriate in this regard. +3. The data of the Register, whether in hard or soft format, shall be corrected accord ing +to the following procedures: +a. The competent Notary shall submit a report requesting a correction in the +Registe r’s data to the director of the C ompetent Department, indicating the +reason for the correction, as per the cases set out in Clause (2) above; +b. The competent N otary shall provide the Person Concerned with a copy of the +report requesting correction in the Register, afte r being approved by the +director of the Competent D epartment; +c. The competent Notary shall take the corrective action i n the Register in the +presence of the Persons C oncerned and shall request them to sign an +acknowledgment ap proving the correction in the Register; and +d. The competent N otary shall sign the Re gister next to the correction of their +data . +4. The above procedures shall not pre clude the applicability thereof pursuant to the +provisions for using the information technolo gy means in the Notary’s functions, as +set f orth in the Decree -Law and the provisions of Federal Decree -Law No. (46) of +2021, on Electronic Transactions and Trust Services. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (16) of 2024 on the Executive Regulations of Federal Decree-Law No. (20) of 2022 Regulating the Notary Profession,"Article (10) +Controls and Procedures for Correcting Instrument s +1. The Notary may correct material clerical or arithmet ical errors in the Instrument that +the Notary detects while practicing their functions , shall notify the Persons +Concerned of the correction before making it , and shall only make the correction +after their approval. Federal Cabinet Resolution of 20 24 on the Executive Regulations of Federal Decree -Law of 2022 Regulating the Notary +Profession 8 + 2. The notary public shall correct any error that may have been made by the Persons +Concerned on the data and information recorded in the Instrument, at the request of +the Persons C oncerned or their legal representatives, in accordance with the +following procedures and controls: +a. The Persons Concerned shall send the correction application on the +electronic system to the N otary who conducted the transaction, the person +acting on his own behalf or the Department Director , as the case may be. +b. The Notary shall verify the nature of a material error and its place in the +Instrument to assess how possible to be modified . +c. If the correction is found possible , the N otary shall record the data or +information in the Instrument, subject of the transaction. +d. The N otary shall sen d the corrected Instrument to the Persons Concerned via +the electronic system, after paying the fee prescribed for the correction. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (16) of 2024 on the Executive Regulations of Federal Decree-Law No. (20) of 2022 Regulating the Notary Profession,"Article (11) +Obtaining a Copy of Instruments Retained in the Notary’s Files +The Persons Concerned may obtain a copy of any of their Instruments retained in the +Notary’s files o r recorded in the R egister, in accordance with the following procedures: +1. The Persons C oncerned shall submit an application to the Competent D epartment +on the form designated for such purpose, accompanied by the documents that +identify their capacities and the transaction number for which a copy of the +Instrument papers or the data recorded in the R egister are required . +2. The Competent Department shall review the app lication to verify the applicant’ s +capacity and that the applied Instrument belongs to the applicant . +3. The Department shall send a copy of the required papers to the Persons C oncerned +after the prescribed fee is paid, as per the applicable mechanism. + Federal Cabinet Resolution of 20 24 on the Executive Regulations of Federal Decree -Law of 2022 Regulating the Notary +Profession 9 + " +"labour, residency and leberal professions",Cabinet Resolution No. (16) of 2024 on the Executive Regulations of Federal Decree-Law No. (20) of 2022 Regulating the Notary Profession,"Article (12) +Conditions for Registration of the Private Notary in the Roster +In order for a person to be registered in the Roster, he must: +1. Be a citizen of the State; +2. Be fully capacitated and medically fit; +3. Be of good conduct and behavior, and never been convicted of a felony or +misdemeanor that involves moral turpitude or breach of trust , even if he has been +rehabilitated; +4. Hold a degre e in law or Sharia and law from a university or higher institute +recognized in the State, or the equivalent degree; and +5. Have previously worked for a period of not less than three (3) years in the judiciary, +the Public Prosecution, the Department of L egislation and State Litigation , teaching +of law or Sharia and law at a university or higher institute recognized in the State, the +Notary P ublic, the legal profession, legal departments of ministries or government +authorities , private legal persons or other legal professions equivalent to the +judiciary and the Public Prosecution, as determined by the Committee , including: +a. Legal officers of the military judiciary, courts or Military Prosecution/ Armed +Forces; +b. Members of the Police Judicial Council/Ministry of Interior; +c. Legal a dvisors and researchers serving at federal or local government +authorities; and +d. Legal advisors of commercial companies, public -benefit associations and +private organizations; +6. Provide a valid professional liability insurance policy issued by an insurance +company licensed to operate in the State, as per the cont rols determined by the +Minister; +7. Have not been previously removed from the Roster, unless three years have elapsed +since the date of issuance of the decision or judgment; Federal Cabinet Resolution of 20 24 on the Executive Regulations of Federal Decree -Law of 2022 Regulating the Notary +Profession 10 + 8. Successfully pass the training program and tests prescribed by t he Institute; +9. Practice the P rofession through a decen t and appropriate O ffice; and +10. Pay the prescribed fees. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (16) of 2024 on the Executive Regulations of Federal Decree-Law No. (20) of 2022 Regulating the Notary Profession,"Article (13) +Data of Registration in Private Notary Roster +The Private N otary ’s Roster must include the following information: +1. The Private Notary’s name, date of birth, academic degree and date of award , +practical experience and contact details; +2. Registration number and date in the Roster; +3. Registration expiration date; +4. Office name and address and any modification thereto, and name of the O ffice +director; +5. The Private N otary ’s specimen signature ; +6. Complaints filed against the Private N otary, actions taken thereon, violations +committed and the penalties imposed on the Notary ; +7. Data of professional liability insurance policy; and +8. Any other data that the C ommittee decides to add to the Roster. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (16) of 2024 on the Executive Regulations of Federal Decree-Law No. (20) of 2022 Regulating the Notary Profession,"Article (14) +Procedures of Registration in the Private Notary ’s Roster +The registration in the Roster shall be made according to the following procedures: +1. An application for registration in the Roster shall be submitted to the Competent +Department, as per the form designated for such purpose , accompanied by the +following documents: +a. A copy of the applicant’s ID card or passport ; Federal Cabinet Resolution of 20 24 on the Executive Regulations of Federal Decree -Law of 2022 Regulating the Notary +Profession 11 + b. A copy of the applicant’ s academic degree, issued by a recog nized university +or higher institute, duly attested by the competent authority in the State; +c. A certificate o f good conduct for the applicant issued by the competent +authority in the State; +d. A copy of the a pplicant’s practical experience certificate; +e. A medical fitness certificate of the registration applicant, issued by the +competent authority in the State; +f. A statement of the O ffice through which the applicant will carry out their +duties; and +g. A proof that the applicant has successfully pas sed the training program and +the tests prescribed by the Institute. +2. The Competent Department shall record the registration app lication in a list +prepared for such purpose, and the registration applicant shall be given notice for +submitting their application. +3. The Department shall refer the registration application s that have fulfilled the +documents set out in Clause (1) above to the Committee, within (40) business days +from the date o f submitting the application, to examine them and verify that they +meet all nec essary conditions and documents in this regard. +4. The Committee shall issue its decision on the application of registration in the Roster, +within (40) forty business days from the referral date, and the application shall be +deemed rejected upon th e lapse of the above time limit without issuing a decision on +the application. +5. If the C ommittee approv es the application for registration in the Roster, the +registration applicant shall do as follows to complete the procedures of their +registration : +a. Paying the fee prescribed for the registration ; +b. Submit ting a duly certified copy of the O ffice lease agreement or certificate of +title for the O ffice through which he will practice their Profession, or a Federal Cabinet Resolution of 20 24 on the Executive Regulations of Federal Decree -Law of 2022 Regulating the Notary +Profession 12 + statement of the address of the O ffice through which he will conduct their +business. +c. Providing a valid professional liability insurance policy, issued by an +insurance company licensed to operate in the State . + +" +"labour, residency and leberal professions",Cabinet Resolution No. (16) of 2024 on the Executive Regulations of Federal Decree-Law No. (20) of 2022 Regulating the Notary Profession,"Article (15) +Private Notary Term of Registration in the Roster +1. The Private Notary shall be registered in the Roster for (3) three years, renewable for +similar terms, at their request. +2. The Private Notary shall submit a renewal applicati on at least (20) twenty business +days prior to the expiry of their registration , accompanied by a document proving the +update and development of their skills in the area of Notary Public over the past +three years, whet her through training courses or scientific and practical +participations in symposiums, conferences or oth er areas that indicate the update of +such skills, which area organized by the Judicial Training Institute. +3. The Private Notary del ay in renewing their registration for (70) seventy business day +following the expiry thereof, without an excuse acceptable to the Committee, shall +entail the removal of their registration from the Roster. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (16) of 2024 on the Executive Regulations of Federal Decree-Law No. (20) of 2022 Regulating the Notary Profession,"Article (16) +Deregistration in the Roster +1. The Private Notary ’s name shall be removed from the Roster by decision of the +Committee in any of the following cases: +a. Death; +b. Upon a written application from the Private Notary; +c. Failure to renew the registration after (70) seventy business days from the +expiration thereof witho ut a n excuse acceptable to the Committee; and Federal Cabinet Resolution of 20 24 on the Executive Regulations of Federal Decree -Law of 2022 Regulating the Notary +Profession 13 + d. One of the license terms, as set out in the Decree -Law and this Resolution, +has been lost. +2. The Private N otary shall be removed from the Roster by a decision issued by the +Committee, based on any of the following cases: +a. A court ruling of conviction is rendered on a crime involving moral turpitude +or breach of trust ; or +b. A decisio n is issu ed by the Disciplinary Board to remove their name from the +Roster. +3. Upon the deregistration of the Private Notary from the Roster, he shall hand over the +official seals, records and files to the Department . +4. The Department shall receive official seals, records and files in the event of the death +of the Private N otary, in accordance with the proce dures defined by a decision of the +Minister. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (16) of 2024 on the Executive Regulations of Federal Decree-Law No. (20) of 2022 Regulating the Notary Profession,"Article (17) +Temporary Cessation of P racticin g the P rofession +1. The Committee may, based on an application submitted thereto by the Private +Notary if the latter suffer s an accident or an impediment that would preclude them +from practicing the P rofession, or for any other reason accep ted by the Committee, +authorize them for a specific period to cease to practic e their functions ; provided that +they submit an undertaking that there are no obligation s on t he O ffice arising from +such application, without prejudice to the interests of the Persons Concerned , and +after the prescribed fee is paid. +2. The Private N otary may request to resume their duties , and the C ommittee may +auth orize them to do the same after verifying that the reason preventing them from +performing their functions no longer exists , and after the prescribed fee is paid. + Federal Cabinet Resolution of 20 24 on the Executive Regulations of Federal Decree -Law of 2022 Regulating the Notary +Profession 14 + " +"labour, residency and leberal professions",Cabinet Resolution No. (16) of 2024 on the Executive Regulations of Federal Decree-Law No. (20) of 2022 Regulating the Notary Profession,"Article (18) +Controls fo r the Notary’s Movement Outside the Office +1. The Public Notary may only move outside their office to conduct any transaction set +forth in the Decree -Law in the following cases: +a. The transaction must be related to a Muslim woman who is unable to le ave +the marital home during the Sharia waiting period of Iddah ; +b. The transaction must be related to a person with disability who is unable to +appear before the Public N otary due to their disability; +c. The transaction must be related to a patient who is unable to appear before +the public notary due to their medical condition; and +d. Any other special case or emergency circumstances de termined by the +director of the Competent D epartment or his representativ e. +2. When practicing the P rofession, the Private N otary may conduct any transaction +stipulated under the Decree -Law outside their Office whenever he deems it +necessary in view of the nature of the transaction or the condition of the Person +Concerned , taking into account the applicability of the provisions of the disciplinary +liability in the event that he unjustifiably violates the prohibition stipulated in this +article. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (16) of 2024 on the Executive Regulations of Federal Decree-Law No. (20) of 2022 Regulating the Notary Profession,"Article (19) +Licens ing Terms of the O ffice +1. The Private N otary shall practice their duties through an O ffice licensed for this +purpose or through a licensed law firm . +2. In order to obtain the O ffice license, the following conditions must be fulfilled: +a. The owner or tenant of the O ffice required to be licensed must be registered +in the Roster as a Private N otary; Federal Cabinet Resolution of 20 24 on the Executive Regulations of Federal Decree -Law of 2022 Regulating the Notary +Profession 15 + b. His Office must be suitable for receiving clients or visitors an d carrying out +the duties of a N otary, and must be equipped with the facilities and supplies +specif ied by the Competent D epartment; +c. Must have a valid professi ona l license from the relevant Licensing A uthority +in the State; +d. Must be equipped with office equipment and electronic devices , including an +electronic information system and information technology means necessary +to practice as a Private N otary , as deci ded by the Competent D epartment; +e. The Private N otary’s professional liability insurance contract must be valid +throughout the license term; and +f. Paying the prescribed license fee. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (16) of 2024 on the Executive Regulations of Federal Decree-Law No. (20) of 2022 Regulating the Notary Profession,"Article (20) +Procedures for I ssuing the Office L icense +The O ffice license shall be issued according to the following procedures: +1. The license applica tion shall be submitted to the Competent D epartment , as per the +form designated for such purpose, accompanied by the following documents: +a. A copy of the ID card or pa ssport of the license applicant; and +b. A copy of proof of registration of the Private Notary, the owner of the O ffice +whose license is required. +2. The Competent D epartment shall record the License application in a list designated +for such purpose, and the License applicant shall be given a notice of submitting their +application. +3. The Competent Department shall refer the License application to the Committee to +examine it and decide whether or n ot to grant the initial approval, within (10) ten +business days from the date of submitting the application that fulfils the conditions, +requirem ents and documents. To that end , the C ommittee may request any other +documents it deems necessary. Federal Cabinet Resolution of 20 24 on the Executive Regulations of Federal Decree -Law of 2022 Regulating the Notary +Profession 16 + 4. The L icense applicant shall complete the professional License procedures of the +Office with the competent Licensing A uthority in the State , and shall complete the +conditions and requirements for obtaining the License within a time limit not +exceeding (70) seven ty business days, as of the date of being granted the initial +approval. +5. The Competent D epartment shall co nduct an on -site inspection and examination of +the Office required to be licensed, in order to ensure that all requirements for +obtaining the license a re fulfilled , and i t may take any of the following actions: +a. Making a recommendation to the C ommittee to grant the License to the +applicant if he fulfil s all requirements necessary to pr actice as a Private +Notary. +b. Granting the applicant an additional period not exceeding fifty (50) business +days to fulfill or complete the requirements for obtaining the License. If the +applicant fails t o do so, the Committee shall be recommende d to revoke the +initial approval granted to the applicant, and to notify the c ompetent +Licensing A uthority to revoke the professional license granted to them . +6. The Competent D epartment shall present the application to the Committee to decide +thereon within (40) forty business days from the date of its submission, and the +applicant shall be notified of the decision within (10) ten business days from the date +of its issuance. In the event that the Committee issues a decision approving the +License application, the L icense applica nt shall be ordered to pay the prescribed fee. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (16) of 2024 on the Executive Regulations of Federal Decree-Law No. (20) of 2022 Regulating the Notary Profession,"Article (21) +Term of the Office License and R enewal +1. The License term shall be one year, renewable for similar terms, based on a n +application to be submitted by the person having the capacity . +2. The License renewal application shall be submitted at least twenty (20) business +days prior to the expiry of the L icense term . Federal Cabinet Resolution of 20 24 on the Executive Regulations of Federal Decree -Law of 2022 Regulating the Notary +Profession 17 + 3. The notary public service may not be provided through the Office after the License +term thereof expires . +4. The Competent D epartment shall notify the competent Licensing A uthority to +revoke the O ffice’s license in any of the following cases: +a. In case the L icense renewal application is rejected; and +b. If the O ffice fails to renew the L icense within seventy (70) business days from +the date of its expiration witho ut an excuse acceptable to the C ommittee. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (16) of 2024 on the Executive Regulations of Federal Decree-Law No. (20) of 2022 Regulating the Notary Profession,"Article (22) +Controls of the Office Management +While managing the O ffice, a licensed Notary shall: +1. Place the registration certificate and the license at a clearly visible place easily +accessible by the public; +2. Create a record to draw up and record transactions, as decided by the Competent +Department; +3. Maintain files ordered by date for the original copies of Instruments drawn up, +documented or their date is recorded by the Notary, or any other transaction; +4. Provide a periodic report to the Competent D epartment on transactions conducted +and a copy of transactions drawn up, documented or registered by the Notary, and +any other transactions carried out by the Notary pursuant to the provisions of the +Decree -Law and the present Resolution, as decided by the Competent Department; +5. Notify the Competent D epartment of the Private Notaries who work with the Notary +at the Office and any change that occurs to them, within (10) ten business days of +the change , to take actions it deems appropriate in this regard; +6. Notify the Competent D epartment of every amendment or change that occurs t o the +data of the professional L icense issued by the com petent Licensing A uthority in the +State to the Notary , or any other statement on the O ffice, within (20) twenty Federal Cabinet Resolution of 20 24 on the Executive Regulations of Federal Decree -Law of 2022 Regulating the Notary +Profession 18 + business days from the date of the change, in order to take the actions it de ems +appropriate in this regard; +7. Maintain a special record in which data of transactions completed by the Notary and +their date and names of the parties thereto are recorded for the period determined +by the Competent D epartment; +8. The registration of all Private N otaries working at the O ffice must be valid, and mus t +be working thereat on a full -time basis; +9. Place a sign at a visible place at the O ffice stating the fees charged fo r services +provided by the Office and the fees the Notary charges for each transact ion, in both +Arabic and English; +10. Represent the O ffice before the Ministry; and +11. Not advertise oneself by any means of advertising in a way inconsist ent with the +traditions of the Notary P rofession, or seek to do so by means of advertising or +inducement using mediators . In all cases, prior permission fro m the Commit tee of +the means of advertising shall be required. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (16) of 2024 on the Executive Regulations of Federal Decree-Law No. (20) of 2022 Regulating the Notary Profession,"Article (23) +Practicing the Profession through a Licensed Law F irm +If the Private N otary practices notarial duties through a licensed law firm, the following +controls shall apply : +1. The law firm’s license must be valid; +2. A special and separate part of the law firm must be allocated to the private notary; +and +3. The activity of practicing the P rofession of Notary P ublic must be included in the +license issued by the competent authoritie s to the law firm. + + Federal Cabinet Resolution of 20 24 on the Executive Regulations of Federal Decree -Law of 2022 Regulating the Notary +Profession 19 + " +"labour, residency and leberal professions",Cabinet Resolution No. (16) of 2024 on the Executive Regulations of Federal Decree-Law No. (20) of 2022 Regulating the Notary Profession,"Article (24) +Functions of the Committee +1. The Committee shall: +a. Examine and decide on applications for licensing and renew ing the L icense of +the Private N otary , and applications for the revocation of the license and +cessation of business , and shall decide thereon; +b. Examine and decide on applications for transferring the Private N otary from +one Office to another; +c. Consider acts committed by the Private N otary in vi olation of the p rovisions +of the Decree -Law and the present Resolution, as referred to i t by the +Competent Department; +d. Examine complaints filed against the Private N otary or the Office, in order to +decide either to file or refer them to the Public Prosecution; +e. Decide on applications for administering oath and notarizing affidavits by the +Private Notary; +f. Supervise the Roster; +g. Decide on applications for registration of practicing lawyers to practice as a +Private Notary; +h. Decide on the Office licensing applications; +i. Develop training programs that the Private Notary is required to attend; and +j. Any other functions assigned under the Decree -Law or the present +Resolution. +2. The Committee shall decide on any of the applicati ons referred to in Paragraphs (a), +(g) and (h ) of Clause (1) above within (40) forty business days from the date of its +submission, and the applicant shall be notifi ed of the decision within (10 ) ten +business days from the date of issuance. +3. The Committee shall issue its decisions rejecting any of the applications referred to in +Paragraphs (a), (g) and (h) of Clause (1) above reasoned. A person whose application Federal Cabinet Resolution of 20 24 on the Executive Regulations of Federal Decree -Law of 2022 Regulating the Notary +Profession 20 + is rejected may challenge the Commi ttee’s decision of rejec tion before the +competent court, within (10) t en business days from the date of being notified of the +decision or the lapse of the time limit for deciding on the application without a +response, and its ruling in this case shall be f inal . + +" +"labour, residency and leberal professions",Cabinet Resolution No. (16) of 2024 on the Executive Regulations of Federal Decree-Law No. (20) of 2022 Regulating the Notary Profession,"Article (25) +Supervision of the Competent D epartment +over the Notary’s Functions +1. The Competent D epartment shall supervise the Notary’s functions , and their +functions shall be subject to administrative and technical in spection by it on an +annual and unscheduled periodic basis or whenever required by exercising the +following powers and procedures: +a. Supervising the progress of administrative and technical wo rk and verifying +its regularity; +b. Inspecting the work of the N otary and collecting data that leads to knowing +the degree of their competence and keenness to perform the duties and +requir ements of their work; +c. Monitoring, examining and reviewing all types of transactions carried out by +the Notary and verifying their compliance with their administrative and +technical duties. +d. Examining records of the Notary. +e. Inspecting the validity and integrity of procedures for notarizing , drawing up +or recording the date of private documents and any other transactions within +their competence, pursuant to the provisions of the Decree -Law or any other +legislation in force. Federal Cabinet Resolution of 20 24 on the Executive Regulations of Federal Decree -Law of 2022 Regulating the Notary +Profession 21 + f. Verifying whether the Notary is aware and familiar with the legislation and +decisions related to their work, in particular the obligations and prohibitions +of the N otary. +g. Verifying whether the Notary complies with the professional norms and +ethics and guideline that he is required to follow. +h. Any other functions or competences entrusted by the committee to it. +2. The C ompetent Department shall submit reports on the results of the administrative +and technical inspection of the Private N otary to the Committee to consider them, in +accordance with its powers set forth in the Decree -Law and the present Resolution. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (16) of 2024 on the Executive Regulations of Federal Decree-Law No. (20) of 2022 Regulating the Notary Profession,"Article (26) +Executive Resolutions +The Minister shall issue the resolutions necessary for executing the provisions of the +present Resolution. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (16) of 2024 on the Executive Regulations of Federal Decree-Law No. (20) of 2022 Regulating the Notary Profession,"Article (27) +Repeals +Cabinet Resolution No. (39) of 2014, on the Executive Regulations of Federal Law No. +(4) of 2013, Regulating the Notary Profession , and any provision repugnant to, or in +conflict with , the provisions of this Resolution, shall hereby be repealed. + + + + + + + Federal Cabinet Resolution of 20 24 on the Executive Regulations of Federal Decree -Law of 2022 Regulating the Notary +Profession 22 + +" +"labour, residency and leberal professions",Cabinet Resolution No. (16) of 2024 on the Executive Regulations of Federal Decree-Law No. (20) of 2022 Regulating the Notary Profession,"Article (28) +Publication and Entry into Force +This Resolution shall be published in the Official Gazette, and shall enter into force as of +the day following the date of its publication. + + + + + + + + + + +Mohammed bin Rashid Al Maktoum +Prime Minister + +Issued by Us: +On: Sha ’ban 27th, 1445 H. +Corresponding to: March 8th, 2024 AD . + + + + " +"labour, residency and leberal professions",Cabinet Resolution No. (18) of 2024 on the Executive Regulations of Federal Decree-Law No. (22) of 2022 Concerning Regulating the Translation Profession,"Article (1) +Definitions +The definitions stated in the aforementioned Federal Decree -Law No (22) of 2022 +shall apply to this Resolution; otherwise, the following words and phrases shall have +the meanings assigned to each o f them, unless the context otherwise requires: +A means of communication used by the deaf, people +with hearing disabilities, and those unable to +communicate verbally. It is based on converting spoken +words and phrases into hand and body movements. : Sign Language +The Director Organisational Unit concerned with the +affairs of Translators in the Ministry. : Managing Director +The employee appointed in the Ministry to carry out the +tasks of auditing and technical inspection of the work of +Translators. : Technical +Inspector +Annual Performance Assessment carried out by the +Competent Department on the Translator work. : Assessment +Federal Cabinet Resolution of 2024, On the Executive Regulations of Federal Decree -Law of 2022 Concerning +Regulating the Translation Profession 2 + Federal Decree -Law No. (22) of 2022 Concerning the +Regulation of Translation Profession : Decree -Law : + +" +"labour, residency and leberal professions",Cabinet Resolution No. (18) of 2024 on the Executive Regulations of Federal Decree-Law No. (22) of 2022 Concerning Regulating the Translation Profession,"Article (2) +Practising the Translation Profession +The Translation Profession may not be practised in the country except after being +registered in the List and obtaining a licence in this regard from the Competent +Licensing Authority. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (18) of 2024 on the Executive Regulations of Federal Decree-Law No. (22) of 2022 Concerning Regulating the Translation Profession,"Article (3) +List of Translators and Translation Houses +A List shall be established in the Ministry for the Registration of Translators and +Translation Houses, and each of them shall have a file in which everything related to +the affairs of practising the profession of the translation shall be added. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (18) of 2024 on the Executive Regulations of Federal Decree-Law No. (22) of 2022 Concerning Regulating the Translation Profession,"Article (4) +Data of Translators and Translation Houses +The List referred to in article (3) of this decision includes the following data: +1. Name of the Translator/Translation House. +2. Language of translation. +3. Registration n umber and date of the Translator/Translation House. +4. The Translator nationality. +5. Registration expiry date. +6. Contact information. +7. Identity data. +8. Names of Translators who work for the Translation House. +9. Names of partners in the Translation House, and their details. +10. Names of directors in the Translation House, and their details. +11. Translation House licence number. +Federal Cabinet Resolution of 2024, On the Executive Regulations of Federal Decree -Law of 2022 Concerning +Regulating the Translation Profession 3 + " +"labour, residency and leberal professions",Cabinet Resolution No. (18) of 2024 on the Executive Regulations of Federal Decree-Law No. (22) of 2022 Concerning Regulating the Translation Profession,"Article (5) +Conditions for Registering Sign Language Interpreter +Subject to the conditions stipulated in article (5) of the Decree -Law , Sign Language +Interpreter is required to be registered in +The List shall be as follows: +1. To be highly competent in communicating in sign language and spoken language. +2. To be understanding of the deaf, their characteristics and culture. +3. To have direct contact with deaf individuals and groups in various places, such as +deaf clubs and events. +4. To have diverse skills for different translation situations, such as educational, +health, legal, tele vision, and others. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (18) of 2024 on the Executive Regulations of Federal Decree-Law No. (22) of 2022 Concerning Regulating the Translation Profession,"Article (6) +Review the Registration Application in the List +The Committee shall review the Registration Application in the List in accordance with +the following conditions and controls: +1. Registration Application shall be submitted on th e forms prepared for this purpose. +2. The Committee shall examine and review the submitted Applications and +complete the necessary documents and papers, after paying the prescribed fees. +3. The Committee shall refer Applicants for completed Registration Applications to +take a written and oral technical test, or one of them, according to the forms +determined by the Ministry in this regard. +4. The Applicant for Registration shall pass the tests referred to in Clause (3) of this +article in accordan ce with the success rates determined by the Committee. +5. If the Applicant for Registration passes these tests according to the prescribed +percentages, the Committee shall issue its decision to register the Applicant on the +List. The decision shall be announc ed within (10) ten working days from the date +of its issuance and the Applicant shall be instructed to pay the prescribed fees for +Registration in accordance with the established mechanism. +Federal Cabinet Resolution of 2024, On the Executive Regulations of Federal Decree -Law of 2022 Concerning +Regulating the Translation Profession 4 + 6. In all cases, The Committee shall decide on the Registration Appli cation within (60) +sixty days as of the date of its submission. +7. Applicant with rejected Application may appeal against the resolution issued by +the Committee before the Competent Court within (30) thirty days as of the date +of being informed of it or the e xpiry of the period for deciding on the Application +without a response, and the judgment issued in this regard shall be final. +8. Applicant with rejected Application or who has not passed the required tests may +submit a new Application after the expiry of a p eriod of not less than (6) years and +months from the date of submitting his previous Application. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (18) of 2024 on the Executive Regulations of Federal Decree-Law No. (22) of 2022 Concerning Regulating the Translation Profession,"Article (7) +Controls for Using Translators and Translation Houses not Registered +in the List +The Competent Judicial Authority may seek the assistance of a Translator or +Translation House who is not registered in the List, in accordance with the following +controls: +1. The Competent Judicial Authority shall apply to the Ministry to provide Translators +who are proficient in the Arabic language and the language to be translated, to +carry out translation work. +2. Any Translators or Translation Houses not registered in the List are used if +translation is required in a language for which there are no licensed Translators +registered in the List. +3. The hired T ranslator shall be fully proficient in the language to be translated from +and into, in reading, writing, and speaking, based on the accredited certificates he +provides proving this. +4. The Ministry shall address foreign diplomatic missions accredited to the S tate +within (3) three working days of receiving the request of the Competent Judicial +Authority to provide a Translator to carry out translation work in the event that +one of its nationals is accused in the case. +Federal Cabinet Resolution of 2024, On the Executive Regulations of Federal Decree -Law of 2022 Concerning +Regulating the Translation Profession 5 + 5. Technical Inspectors may support to carry o ut translation work, after the approval +of the Committee. +6. The Competent Judicial Authority shall bear the fees of the translator or the +translation house, if it decides to seek the assistance of any of them in criminal +claims according to their fees. +In al l cases, the Translator shall be required to take the legal oath before undertaking +the duties assigned to the Translator. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (18) of 2024 on the Executive Regulations of Federal Decree-Law No. (22) of 2022 Concerning Regulating the Translation Profession,"Article (8) +Updating Translators Skills +The Translator shall exercise due diligence to update his skills and keep abreast of +developments in the field of the language he is licensed to translate, by attending +specialised courses in the field of translation and the language he is licensed to +translate from and into, and training programmes prepared by the Ministry during the +peri od of his Registration in the List, for no less than one course per year. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (18) of 2024 on the Executive Regulations of Federal Decree-Law No. (22) of 2022 Concerning Regulating the Translation Profession,"Article (9) +Cancellation of Registration and Suspension of Activity +The Committee shall review requests to cancel Registration suspend practising the +activity in accordance with the following procedures: +1. The Application shall be submitted to the Committee on the form prepared for this +purpose, provided that evidence of payment of the prescribed fee is attached to it. +2. For the Application to be accepted, it shall be submitted by the Translator or +Translation House at least ninety (90) days before the Registration expiration date, +including its reasons. +3. The Translator or Translation House shall complete all the work and obligations +assigned to him before submitting th e Application. +4. The Committee shall examine and review the submitted Applications and +complete the necessary documents and papers. +Federal Cabinet Resolution of 2024, On the Executive Regulations of Federal Decree -Law of 2022 Concerning +Regulating the Translation Profession 6 + 5. In all cases, it shall be considered that the Committee shall decide on the +Applications within (60) sixty days as of the date of their submission. +6. Applicant with rejected Application may appeal against the resolution issued by +the Committee before the Competent Court within (30) thirty days as of the date +of being informed of it or the expiry of the period for deciding on the Ap plication +without a response, and the judgment issued in this regard shall be final. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (18) of 2024 on the Executive Regulations of Federal Decree-Law No. (22) of 2022 Concerning Regulating the Translation Profession,"Article (10) +Suspension from Practising the Translation Profession +1. The Translator or Translation House registered in the List may suspend practising +the Translation Profession whenever an obstacle prevents them from practising, in +accordance with the following conditions and procedures: +a. Inform the Competent Department of ceasing to practice the profession no +less than (10) ten working days before the suspe nsion, with an explanation +of the reason for the suspension through the means decided by the +Competent Department. +b. The entry in the List shall be effective on the date of notice of suspension. +c. Pay the prescribed fee according to the established mechanism. +2. The Committee shall examine and review the submitted Applications and +complete the necessary documents and papers. +3. In all cases, it shall be considered that the Committee shall decide on the +Applications within (60) sixty days as of the date of their submi ssion. +4. Applicant with rejected Application may appeal against the resolution issued by +the Committee before the Competent Court within (30) thirty days as of the date +of being informed of it or the expiry of the period for deciding on the Application +without a re sponse. and the judgment issued in this regard shall be final. +5. The period of suspension from practising the Translation Profession shall be +calculated within the period of Registration in the List. The Translator or the +Translation House may request to re -practice it when that impediment is removed, +Federal Cabinet Resolution of 2024, On the Executive Regulations of Federal Decree -Law of 2022 Concerning +Regulating the Translation Profession 7 + provided that the conditions for practising and the validity of their Registration +shall be met. +6. If the Registration expires during the period of suspension of practising the +Translation Profession, it shall be renewed in accordance with the provisions of +the Decree -Law and this resolution. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (18) of 2024 on the Executive Regulations of Federal Decree-Law No. (22) of 2022 Concerning Regulating the Translation Profession,"Article (11) +Hand -Over Translator ID and Stamp +The Translator shall hand over Translator ID and Translation Stamp to the Competent +Department in the following cases: +1. Suspens ion from practising the profession. +2. Cancellation of Registration. +3. Cancellation of his Registration from the Register. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (18) of 2024 on the Executive Regulations of Federal Decree-Law No. (22) of 2022 Concerning Regulating the Translation Profession,"Article (12) +Annual Performance Report +1. The Competent Department shall prepare an annual performance report to assess +the Translator work, in terms of his general technical level in the translation work +he has undertaken, the complaints registered against him, the extent of his +commitment to professional development, the Translation Charter, and his +general rating in the tech nical inspection reports, in accordance with the form +attached to this decision. +2. The Competent Department shall submit technical inspection reports and annual +performance reports to the Committee to take the necessary action regarding them +in accordance wi th its powers stipulated in article (17) of the Decree -Law . + + + + +Federal Cabinet Resolution of 2024, On the Executive Regulations of Federal Decree -Law of 2022 Concerning +Regulating the Translation Profession 8 + " +"labour, residency and leberal professions",Cabinet Resolution No. (18) of 2024 on the Executive Regulations of Federal Decree-Law No. (22) of 2022 Concerning Regulating the Translation Profession,"Article (13) +Duties and Powers of Technical Inspectors +The Minister may appoint Translators in the Ministry with experience and expertise in +the field of direct translation for the following tasks: +1. Review a sample of the work of Translators and Translation Houses, estimate the +efficiency and accuracy of their work, and complete it correctly. +2. Review complaints filed against Translators and Translation Houses and prepare +reports on the m. +3. Conduct urgent and sudden inspection of Translator or Translation House to +confirm certain facts, actions or transgressions attributed to either of them, or +related to a specific incident. +4. Conduct periodic inspection in accordance with the technical sta ndards and +requirements issued by the Committee. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (18) of 2024 on the Executive Regulations of Federal Decree-Law No. (22) of 2022 Concerning Regulating the Translation Profession,"Article (14) +Technical Inspection Procedures +1. The Technical Inspector shall provide advice and guidance to the Translator if the +Technical Inspector has comments, or if the Translator or Translation House +commits some unintentional errors. +2. The Translator or Translation House whose work has been technically inspected +shall be informed of the comments given by the Technical Inspector in order to +respond to them within (15) fifteen days from the date of his notice thereof, before +the Inspector prepares his final technical report and submits it to the Director of +the Department. +3. The Director of the Department shall present the annual performance report and +any other reports prepared by the Depa rtment or the Technical Inspector on the +work of Translators and Translation Houses to the Committee to take any of the +appropriate measures: +a. letter of thanks to the professional Translator or Translation House for with +no comments, and keep a copy of that letter in their file. +Federal Cabinet Resolution of 2024, On the Executive Regulations of Federal Decree -Law of 2022 Concerning +Regulating the Translation Profession 9 + b. Translator is subject to a training programme for improvement of his +performance. +c. Invite the Translator to attend special orientation meetings to address +errors. +d. Referral to the Disciplinary Board in cases that require it. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (18) of 2024 on the Executive Regulations of Federal Decree-Law No. (22) of 2022 Concerning Regulating the Translation Profession,"Article (15) +Repeals +Cabinet Resolution No. (7) of 2014 on the Executive Regulations of Federal Law No. +(6) of 2012 concerning regulating the Translation Profession shall be repealed, and +every provision that contradicts or conflicts with the provisions of this Resolution is +repealed. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (18) of 2024 on the Executive Regulations of Federal Decree-Law No. (22) of 2022 Concerning Regulating the Translation Profession,"Article (16) +Publication and Entry into Force of the Resolution + This Resolution shall be published in the Official Gazette and enter into force as of the +day following the date of its publication. + + +Mohammed Bin Rashid Al Maktoum +Prime Minister + +Issued by Us: +On: Sha'ban 27th, 1445 H . +Corresponding to: March 08 th, 2024 AD. + +Federal Cabinet Resolution of 2024, On the Executive Regulations of Federal Decree -Law of 2022 Concerning +Regulating the Translation Profession 10 + Form attached to Cabinet Resolution No. (18) of 2024 +On the Executive Regulations of Federal Decree -Law No. (22) of 2022 +Concerning Regulating the Translation Profession + +""Performance Report"" + Licensed +Translation +Language: Translator +Name: + Registration Date: Registration +Number: + +Elements of Assessment Degree Achieved +performance +First: The Translator dealings with the documents +being translated +View the total number of translated documents, and the +Translator level of translation in terms of strength and +weakness. +Extent of his commitment to transferring the content of +documents into the translated language. +15 +Second: Registered complaints against the +Translator +The number of registered complaints against the +Translator from clients, and the decision taken regarding +them by the Committee. +20 +Third: The Translator commitment to professional +dev elopment +The extent of the Translator commitment to the plans of +continuous and specialised training and qualification +15 +Federal Cabinet Resolution of 2024, On the Executive Regulations of Federal Decree -Law of 2022 Concerning +Regulating the Translation Profession 11 + programmes decided by the Ministry and its impact on +improving his performance. +Fourth: The Translator behaviour +The extent of the Translator commitment to the Code of +Professional Conduct and his respect for the traditions +and ethics of the Translation Profession. +15 +Fifth: General commitment to the obligations +imposed by the Law be Decree. +The extent of compliance with what the federal Decree - +Law law shall specify regarding the Translator +obligations. +20 +Sixth: Technical Inspection Reports +Review the total technical inspection reports on the +Translator work, what was recorded in them, and the +extent of his compliance 5 with the directives of the +competent administration and its observations +regarding proposals to improve performance. +15 +Total Translator Rating Scores 100 +50 Weak 51-60 +Average 61-80 Good 81-90 Very +good 91-100 +Excellent + " +"labour, residency and leberal professions",Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners,"Article (1) +Definitions +In application of the provisions of this Law by Decree, the following words and phrases shall +have the meanings assigned to each of them, unless the context otherwise requires: + State : United Arab Emirates. + ICA : The Federal Authority for Identity, Citizenship, Customs and Ports Security. + Chairman : Chairman of The Federal Authority for Identity, Citizenship, Customs and +Ports Security. + Foreigner : : Anyone who does not hold the nationality of the State. + Visa : An official document issued in accordance with the provisions of this Law +by Decree that enables an Foreigner to enter the State and stay therein for +Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners 2 + the period of permit granted thereto. + Residence +Permit : An official document issued in accordan ce with the provisions of this Law +by Decree that enables an Foreigner to reside in the State for the period +specified in the document. + Ports : The State's official land, air and sea ports specified for the entry and exit of +the Foreigner, which are dete rmined by a Cabinet resolution upon the +proposal of the Chairman. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners,"Article (2) +Scope of Application +1. The provisions of this Law by Decree shall apply to the Foreigner wishing to enter or +reside in the State, including the Free Zones. +2. The following shall be excluded from the application of the provisions of this Law by +Decree: +A. Heads of States and their family members. +B. Heads and members of diplomatic and consular missions accredited to the State and +their families. +C. Those exempted under international agreements to which the State is a party, within +the limits of those agreements. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners,"Article (3) +Implementing Body +The ICA shall be solely responsible for implementing the provisions of this Law by Decree. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners,"Article (4) +Conditions for Foreigner's Entry to the State +1. The following conditions are required for an Foreigner to enter the State: +A. Possession of a valid and approved passport that authorises its holder to return to +the country from which it was issued, or any approved documents that take its place. +Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners 3 + B. Obtaining a valid visa. +C. Entry and exit through the approved ports in the State. +D. Any other conditions stipulated by in the Executive Regulation of this Law by Decree. +2. Citizens of states countries for which a Cabinet resolution is issued upon the proposal of +the Chairman are exempted from the requirement to obtain a valid visa. +3. The Chairman or his authorised representative may, in case of necessity, make an exemptio n from all or some of the conditions stipulated in this Article, or whoever he +deems to exempt by a special permission from obtaining a visa. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners,"Article (5) +Foreigner's Obligations +The Foreigner shall: +1. Enter or exit the State through the approved ports. +2. Register his data when entering and exiting the country, in accordance with the procedures and controls specified in the Executive Regulation of this Law by Decree. +3. Notify the ICA in the event of any change in his entry, residence and work data, or in the event of a dispute between him and the contracting entity, in accordance with the procedures and periods specified by the Executive Regulation of this Law by Decree; and +the entity contracting with the Foreigner shall abide by the same obligation. +4. Not to engage in any activity or work except in accordance with the legislation in force in the State. +5. Leave the State upon the expiry or cancellation of his visa unless he has obtained a residence permit in the State in accordance with the provisions of this Law by Decree +and its Executive Regulation. +6. Leave the State upon the cancellation or expiry of the residence permit unless it is +renewed. The Executive Regulation of this Law by Decree shall specify the period during +which Foreigners must leave the State, as well as the terms and periods of the extension of the stay. +7. Abide by any other obligations stipulated by the Executive Regulation of this Law by Decree. +Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners 4 + " +"labour, residency and leberal professions",Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners,"Article (6) +Obligations of Drivers of Mean of Transportation +Captains of ships and planes, and drivers of cars, trains, and other means of transportation +must, upon their arrival or departure from the State, provide the competent employee in the +ICA with the documents and data specified by the Executive Regulation of this Law by +Decree. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners,"Article (7) +Foreigner's Visas +1. The ICA shall be responsible for issuing, renewing and cancelling visas in accordance +with the provisions of this Law by Decree and its Executive Regulation. +2. The Executive Regulation of this Law by Decree shall determine the types of visas in the +State and the controls and conditions for their issuance, duration, renewal and cancellation, and the cases where they may be changed to residence permits. +3. Embassies and consulates representing the State abroad may issue visas in accordance +with the contr ols specified by the Executive Regulation of this Law by Decree. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners,"Article (8) +Residence Permits for Foreigners +1. The ICA shall be responsible for issuing, renewing and cancelling residence permits in +accordance with the provisions of this Law by Decree and its Executive Regulation. +2. The Executive Regulation of this Law by Decree shall determine the types of resid ence +permits in the State and the controls and conditions for their issuance, duration, renewal and cancellation. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners,"Article (9) +Foreigner's Bringing in His Family Members +An Foreigner who has obtained a residence permit in the Stat e may bring in his family +members, in accordance with the terms and conditions set by the Executive Regulation of +Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners 5 + this Law by Decree. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners,"Article (10) +Cancellation of Visa or Residence Permit in Special Cases +Without prejudice to any resolutions issued by t he Cabinet, the Chairman may, at any time, +cancel any visa or residence permit prior to the expiry of its term, for reasons related to the +public interest or in case the Foreigner violates the provisions of this Law by Decree, its +Executive Regulation, or the resolutions issued in implementation thereof, excluding the +violation of the provisions of Articles (22) and (24) of this Law by Decree. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners,"Article (11) +Cancellation and Expiry of Visa or Residency +Every Foreigner whose visa or residence permit has been cancelled or expires, and has not +renewed it - in the cases where this is permissible - or has not left the State within the +periods specified by the Executive Regulation of this Law by Decree, shall be subject to an +administrative for each day he resides illegally in the State as of the date of the expiry of +these periods. The value of said fine shall be determined by a Cabinet resolution. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners,"Article (12) +Foreigner's New -Born +If an Foreigner has a new -born in the State, he must do the following within four (4) months +as of the date of birth: +1. Obtaining documents to prove the identity of his new -born in accordance with the +legislation and procedures in force in his country. +2. Establishing the res idency of his new -born. +In the event of non -compliance with Clauses (1) and (2) of this Article, an administrative fine +shall be imposed on him for each day starting as of the expiry date of the aforementioned +period. The value of said fine shall be determined by a Cabinet resolution. + +Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners 6 + " +"labour, residency and leberal professions",Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners,"Article (13) +Exemption From Fine +The Chairman or his authorised representative may decide to exempt from all or part of the +fine stipulated in Articles (11) and (12) of this Law by Decree. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners,"Article (14) +Foreigner's Documents +1. During the period of his stay in the State, the Foreigner must submit, whenever +requested to do so, the passport or the document that takes its place, answer any +questions asked to him about data, and, upon request, report to the ICA or the police +headquarters at the time set for him. +2. If the event of loss or damage of an Foreigner's passport, he must inform The ICA about +the same within twenty -four (24) hours as of the date of the loss or damage. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners,"Article (15) +Deportation of Foreigners +1. The Federal Public Prosecutor or his authorised representative and the Chairman or his +authorised representative may order the deportation of the Foreigner even if he has a +visa or residence permit, if such deportation is required by the public interest, public +security, public morals, or public health, or if he has no apparent means of subsistence. +2. The Foreigner's deportation order may include the Foreigner members of his family supported by him. +3. The Chairman or his authorised representative may detain the Foreigner whose +deportation order is issued, after the approval of the Federal Public Prosecutor, and for a +period not exceeding thirty (30) days, extendable for a similar period if such detention is +necessary to implement the deportation order. + + + + +Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners 7 + " +"labour, residency and leberal professions",Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners,"Article (16) +Expenses of Deported Foreigner +The Chairman may order that the expenses of deporting the Foreigner and his family and +removing him from the State be from the money of said Foreigner if he has money or at the +expense of his employer in violation of the prov isions of the Law by Decree; otherwise the +ICA shall bear the expenses of deportation or expulsion. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners,"Article (17) +Settlement of the Interests of Deported Foreigner +If an Foreigner who is ordered to be deported or expelled has interests in the State that +require settlement, he shall be given a period of time to liquidate them after he submits a +guarantee. The Executive Regulation of this Law by Decree shall specify th e controls for this +period. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners,"Article (18) +Entry of Deported Foreigner +1. The Foreigner who has previously been deported may not return to the State without a +permission from the Chairman. +2. Subject to the provisions of Articles (11) and (12) of this Law by Decree, the Foreigner +shall be expelled from the State by an order of the ICA if he does not have a residence +permit or the period of the permit has expired or has been cancelled. He may no t be +given another permission to enter the State unless he fulfils the conditions and +procedures necessary for entry in accordance with the provisions of this Law by Decree. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners,"Article (19) +Penalties +If an Foreigner arrives in the State by any means of transportation in violation of the +provisions of this Law by Decree and its Executive Regulation, the ICA may order his +deportation and assign the driver or captain of the means of transport in which he arrived or +Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners 8 + the driver or captain of any other means belo nging to the same owner to expel that +Foreigner from the State, and the owner of the means of transport shall bear the costs of +deportation. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners,"Article (20) +The imposition of the penalties stipulated in this Law by Decree shall not prejudice any severer pen alty stipulated by any other law. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners,"Article (21) +Any Foreigner who is arrested in the State after illegally infiltrating or entering it shall be +punished with imprisonment. The court shall order the deportation of the Foreigner and the +confiscation of the funds obtained by the Foreigner from any activity or work carried out +during that period. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners,"Article (22) +1. The driver or captain of any means of transportation who brings in or takes out or +attempts to bring in or take out an Foreigner to or from the State in violation of the +provisions of this Law by Decree shall be punished with temporary imprisonment. +2. The same penalty stipulated in the preceding Clause shall be imposed on whoever +guides, instructs, or assists in any form of assistance an infiltrator to get into or out of the State. In all cases, the court shall order the confiscation of the means of comm itting the +crime without prejudice to the rights of bona fide third parties, and the court shall also +order the deportation of the Foreigner. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners,"Article (23) +A penalty of imprisonment for a period not exceeding six (6) months and/or a fine not less than five thousand (5,000) AED and not exceeding ten thousand (10,000) AED, shall be +imposed on whoever gives a false statement with the intent of evading the provisions of this Law by Decree, and the court may order the deportation of the Foreigner. + +Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners 9 + " +"labour, residency and leberal professions",Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners,"Article (24) +1. A penalty of imprisonment not exceeding ten (10) years shall be imposed on whoever +forges a visa or residence permit, or any official document on the basis of which these +visas or permits are issued, with the intent of evading the provisions of this L aw by +Decree. +2. The same penalty shall be imposed on whoever uses any of the documents referred to in this Article knowing that it is forged. +3. In all cases, the court must order the deportation of the Foreigner. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners,"Article (25) +1. A fine of fifty thousand (50,000) AED shall be imposed on anyone who employs, +harbours or provides a place of residence to an Foreigner in violation of the provisions of +this Law by Decree. The penalty shall be imprisonment and a fine of fifty thousand +(50,000) AED in the event or repetition. +2. Whoever recruits an Foreigner for the purpose of work in accordance with the provisions +of this Law by Decree and does not employ him or leaves him to work for others without +following the legal procedures stipulated in this regard, shall be punished with the same +penalty stipulated in Clause (1) of this Article. In all cases, the fine shall be multiplied as +per the number of violators. +3. Anyone who recruits an Foreigner for the purpose of work in accordance with the +provisions of this Law by Decree shall be exempted from the penalty if he reports that +the Foreigner has left his work, in accordance with the provisions of the Executive +Regul ation of this Law by Decree. In this case, he shall be compensated by an amount of +ten thousand (10,000) AED as a deduction from the amount of the fine imposed in +accordance with Clause (1) of this Article. The value of the Foreigner's travel ticket shall +also be deducted from the amount of the fine. +4. A penalty of imprisonment for a period not less than two months and a fine of one hundred thousand (100,000) AED shall be imposed on whoever uses or harbours an +infiltrator. +5. The fine shall be multiplied as per the number of violators who are employed or +Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners 10 + harboured, not exceeding five million (5,000,000) AED. +6. Without prejudice to the penalties stipulated in the previous Clauses, if it is proven that a +farm or estate or part of any of them has been allocated to harbour violating or +infiltrating workers, the court shall order the demolition or removal of that part of the building. +7. In all cases, the court shall order the deportation of the violating Foreigner, and shall also order the deportation o f the Foreigner who has employed him or harboured him upon +repetition. +8. The owner of the farm or estate shall be exempted from the determined penalty if it is proven that he has not been aware of the incident subject of the crime. +9. The crimes stipulated in this Article shall be excluded from the application of the provisions of mitigating circumstances stipulated in the Penal Code. +10. For the purposes of this Article, a farm is every land designated for the cultivation and growin g of plants, and an estate is every place designated for raising some types of +animals. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners,"Article (26) +Anyone who fails to pay the fine referred to in article (8) of this Law by Decree shall be punished with imprisonment not exceeding three (3) months or a fine not exceeding ten +thousand (10,000) AED, and the court may order his deportation. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners,"Article (27) +A penalty of imprisonment or a fine not less than ten thousand (10,000) AED shall be imposed on whoever exploits, assists, participates in or facilitates , by any means, a visa in a +manner inconsistent with the purpose for which it has been granted in violation of the provisions of this Law by Decree and its Executive Regulation. The penalty shall be +multiplied as per the number of violators, and the court shall order the deportation of the +Foreigner. + + +Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners 11 + " +"labour, residency and leberal professions",Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners,"Article (28) +A fine not less than fifty hundred (50,000) AED shall be imposed on any legal person whose +any of its represen tatives, directors, agents or employees have committed any of the crimes +stipulated in this Law by Decree for it or under its name. The court may order the closure of +the place in which he carries out his activity for a period not exceeding six (6) months, and +the fine shall be multiplied as per the number of violations. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners,"Article (29) +Anyone who fails to pay the fine referred to in Articles (11) and (12) of this Law by Decree +shall be punished with imprisonment not exceeding three (3) months or a fine not +exceeding four thousand (4,000) AED, and the court may order his deportation. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners,"Article (30) +Except for the penalties determined for the crimes stipulated in this Law by Decree, whoever violates the provisions of this Law by Decree or its Executive Regulation or the resolutions +issued in implementation thereof shall be punished with imprisonment f or a period not less +than one month and/or a fine not less than ten thousand (10,000) AED. The fine shall be +multiplied as per the number of violators. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners,"Article (31) +Whoever attempts to commit a crime punishable by virtue of this Law by Decree or +particip ates therein by conspiring, aiding, inciting or tempting others to commit such crime +shall be punished with the penalty determined for the perpetrator himself. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners,"Article (32) +In application of the penalties stipulated in the preceding Articles, the provision s of the +Articles relating to suspension of execution, replacement of penalty, and judicial pardon, +contained in the Penal Code, shall not apply. + +Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners 12 + " +"labour, residency and leberal professions",Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners,"Article (33) +The Federal Supreme Court shall decide on the crimes referred to in Articles (22) and (24) of +this Law by Decree, and the other courts, each within the limits of its jurisdiction, shall +decide on other crimes. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners,"Article (34) +Administrative Violations and Sanctions +Without prejudice to the penalties stipulated in this Law by Decree, the Cabinet shall issue a resolution specifying the acts that constitute a violation of the provisions of this Law by +Decree, its Executive Regulation, the resolutions issued in implementation thereof, and the +administrative sanctions to be imposed. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners,"Article (35) +Settle ment of the Violators' Situations +The Cabinet Ministers may, upon th e proposal of the Chairman, settle the situation of +violators of the provisions of this Law by Decree, its Executive Regulation and the +resolutions issued in implementation thereof, organise exemption cases, and impose fines +on administrative violations. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners,"Article (36) +The Executive Regulation +The Cabinet shall - upon the proposal of the Chairman - issue the Executive Regulation of +this Law by Decree. + +" +"labour, residency and leberal professions",Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners,"Article (37) +Repeals +1. The aforementioned Federal Law No. (6) of 1973 shall be repealed, as well as any +provision that violates or contradicts the provisions of this Law by Decree. +2. The resolutions, systems, and rules in force prior to the entry into force of the provisions +Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners 13 + of this Law by Decree shall remain in force in a manner that does not conflic t with its +provisions until the issuance of their replacements in accordance with the provisions of +this Law by Decree. +" +"labour, residency and leberal professions",Federal Law by Decree No. (29) of 2021 Concerning Entry and Residence of Foreigners,"Article (38) +Publication and Entry into Force of the Law by Decree +This Law by Decree shall be published in the Official Gazette and shall enter into force thirty +(30) days as of the date of its publication. + + +Khalifa Bin Zayed Al Nahyan +President of the United Arab Emirates + +Issued by us at the Palace of the Presidency in Abu Dhabi: +On: 9 Safar 1443 H +Corresponding to: 16 September 2021 AD + + " +"labour, residency and leberal professions",Federal Law No. 9 of 2006 Concerning Residential Register and the Identity Card,"Article (1) +In the application of this law, the following words and expressions shall have the meanings +Federal Law No. (9) of 2006 Concerning Residential Register and the I dentity Card 2 + respectively assigned to them unless the contract required another meaning: +State : The United Arab Emirates. +Authority : Emirates ID Authority +Board : The Authority's Board of Directors +Chairman : The Board Chairman +Director General : The Authority Director General +Authorities +Concerned : The federal and local government and other authorities determined by +decision of the Council of Ministers upon proposal by the Chairman. +Population +Register : The register of the State population containing personal data and civil +events +Personal Data : The data that characterize every individual in particular and contain any of +form of fingerprints, blood group, name an d date of change therein if any, +address and residence, date and place of birth, sex, religion, nationality, +residence for expatriates, marital condition, registration numbers of +parents, husband, wife or children, academic qualification and +specialization , job, profession and employment place, and any other data +determined by the Board on the proposal of the Director General. +Collected +Statistics : Total figures of one or more population data entered in the Authority's +registers from which social, econom ic, security, cultural or other indicators +can be inferred. +Card : The identification (ID) card issued in accordance with the provisions hereof. +ID Number : The unified number provided for in the decree promulgating Federal Law +No. (2) of 2004 referred to above. + +Chapter One +Establishment of & Registration in the System +" +"labour, residency and leberal professions",Federal Law No. 9 of 2006 Concerning Residential Register and the Identity Card,"Article (2) +A Population Register System shall be established for the registration of personal dat a, civil +events of UAE nationals and expatriates residing in the State. + +Federal Law No. (9) of 2006 Concerning Residential Register and the I dentity Card 3 + " +"labour, residency and leberal professions",Federal Law No. 9 of 2006 Concerning Residential Register and the Identity Card,"Article (3) +Personal data and civil events of individuals shall be entered in the Population Register +System according to what the Board decides on the proposal of the Director Gener al. +Every citizen or expatriate residing in the State and entered in the Population Register +System shall be designated a fixed number called the ID number. +All Authorities Concerned shall record this number in individuals' transactions, registers and files and use it for organizing and keeping such transactions, registers and files without +disrupting the organization or keeping methods applied by such authorities. + +" +"labour, residency and leberal professions",Federal Law No. 9 of 2006 Concerning Residential Register and the Identity Card,"Article (4) +1. Individuals subject to the provisions of this Law shall apply to register their names in the +Residential Register System within the time limits and stages determined by the Board's +decision. +2. The registration application request shall be submitted by the concerned person or his representative, or in accordance to the Board' s decision. + +" +"labour, residency and leberal professions",Federal Law No. 9 of 2006 Concerning Residential Register and the Identity Card,"Article (5) +Authorities Concerned shall within the limits of their respective attributions notify the +Authority of any personal data, civil events and any changes or amendments to such data or +events within the time limits pursuant to the pro cedures determined by the Board decision +on the proposal of the Director General. + +" +"labour, residency and leberal professions",Federal Law No. 9 of 2006 Concerning Residential Register and the Identity Card,"Article (6) +Subject to the provisions of Para 1 of article (4) hereof , individuals entered in the Population +Register System shall notify the Autho rity of any change or amendment to their personal +data or civil events within the time limits and pursuant to the procedures determined by the +Board on the proposal of the Director General. The person who receives such notification shall give the notifier relevant proof after identifying him. +In all cases, notification by the person concerned or his representative shall take place in conformity with the Board decision on the proposal of the Director General. +Federal Law No. (9) of 2006 Concerning Residential Register and the I dentity Card 4 + " +"labour, residency and leberal professions",Federal Law No. 9 of 2006 Concerning Residential Register and the Identity Card,"Article (7) +The Authority may request individuals and special artificial persons covered by the +provisions hereof to give any data or information they may have concerning themselves if +the same is necessary for the Population Register System or the other registers of the +Authority. Relevant procedures an d time limits shall be determined by the Chairman's +decision after the Board approval is obtained. + +" +"labour, residency and leberal professions",Federal Law No. 9 of 2006 Concerning Residential Register and the Identity Card,"Article (8) +Embassies and consulates of the State located abroad shall notify the Authority of personal data, civil events and any changes therein that are received from citizens residing within +their jurisdictions. + +Chapter Two +Identification Cards +" +"labour, residency and leberal professions",Federal Law No. 9 of 2006 Concerning Residential Register and the Identity Card,"Article (9) +The Authority shall issue to every individual entered in the Population Register System a card called the identification (ID) card. +Subject to the provisions of article (4) hereof , an application must be submitted to extract +the card for any person who attains the age of fifteen years within six months from the date of attaining this age. +A decision shall be made by the Board on the pr oposal of the Director General to determine +the form of the card, the details it must contain and the procedures for extracting it. +Proving the identity with this card exclusively shall be approved subject to what the council +of ministers may decide. + +" +"labour, residency and leberal professions",Federal Law No. 9 of 2006 Concerning Residential Register and the Identity Card,"Article (10) +Without prejudice to the provisions of Article 9 of this Law, and except for cases of necessity determined by the Board of Directors upon the proposal of the Director General, no +employee, user, worker, student or whoever person may be accepted, used or retained +unless he/she has the card. +Federal Law No. (9) of 2006 Concerning Residential Register and the I dentity Card 5 + This prohibition's enforcement date and implementation mechanism shall be determined by +a Board resolution upon the proposal of the Director General and published in the Official +Gazette. + +" +"labour, residency and leberal professions",Federal Law No. 9 of 2006 Concerning Residential Register and the Identity Card,"Article (11) +If the card is lost, damaged, or changed in respect of the data recorded therein, the holder +shall notify the same to the Authority within the time limits and pursuant to the procedures +determined by the Board decision on the proposal of the Director General. + +Chapter Three +Extraction of Data +" +"labour, residency and leberal professions",Federal Law No. 9 of 2006 Concerning Residential Register and the Identity Card,"Article (12) +Every individual may obtain an official copy of the personal data pertaining to his person, ancestors, descendants or wives. Similarly, the family head may extract such data for the +individuals he has register ed in accordance wit h the text of Para 2 of article (4) hereof. +Such data may not be given to any person other than those mentioned in the preceding +paragraph without a special power of attorney from the person concerned, provided that +such power of attorn ey is authenticated in conformity with established rules. + +" +"labour, residency and leberal professions",Federal Law No. 9 of 2006 Concerning Residential Register and the Identity Card,"Article (13) +Without prejudice to the provisions of article (12) hereof, the Authorities Concerned may +obtain from the Authority an official copy of the data entered in the population register if t he +same is necessary for it to undertake their functions in accordance with the executive regulations hereof. + +" +"labour, residency and leberal professions",Federal Law No. 9 of 2006 Concerning Residential Register and the Identity Card,"Article (14) +The Director General may, in conformity with the rules determined by the Board give +comprehensive statistical data for the purposes of scientific research, community and +demographic studies. Persons interested in obtaining such data shall be required to submit +Federal Law No. (9) of 2006 Concerning Residential Register and the I dentity Card 6 + an application using the Authority -prepared form accompanied by the Board -determined +documents. The Director General s hall be entitled to reject the application and inform the +applicant of such rejection in writing after verifying the viability of such information for the +required purposes and fulfilling any other conditions deemed necessary by the Board. +The rejection de cision may be appealed within the time limits and pursuant to the +procedures determined by the Board on the proposal of the Director General. The Chairman's decision on the appeal shall be final. + +" +"labour, residency and leberal professions",Federal Law No. 9 of 2006 Concerning Residential Register and the Identity Card,"Article (15) +Any person having obtained information pursuant to the provisions of Articles (13) and (14) hereof shall not use the same for other than the purpose wherefore the Authority agreed to +give him such information and shall abide by the conditions whereon such information has +been given to him. +Without pr ejudice to the penalty prescribed in article (18) hereof, the Authority may not +give violators the data they may request in the future for any period it may determine. + +Chapter Four +Penalties +" +"labour, residency and leberal professions",Federal Law No. 9 of 2006 Concerning Residential Register and the Identity Card,"Article (16) +""The Cabinet shall, upon the proposal of the Board, issue a resolution specifying the fines that the Authority shall impose on any person who violates any of the provisions of Articles +6 and 10 of this Law, amounting to no more than AED 1,000. The fine shall be multiplied by +the number of persons a gainst whom the violation has been committed."" + +" +"labour, residency and leberal professions",Federal Law No. 9 of 2006 Concerning Residential Register and the Identity Card,"Article (17) +There shall be punished by a fine of no more than five thousand Dirhams any person who +violates the provisions of article (7) hereof . + +" +"labour, residency and leberal professions",Federal Law No. 9 of 2006 Concerning Residential Register and the Identity Card,"Article (18) +Federal Law No. (9) of 2006 Concerning Residential Register and the I dentity Card 7 + Without prejudice to any stricter penalty provided for in any other law, there shall be +punished by imprisonment for a period of no more than six month and a fine of no more +than five thousand Dirhams or either penalty any person who gives incorrect inform ation +for the Population Register System. + +" +"labour, residency and leberal professions",Federal Law No. 9 of 2006 Concerning Residential Register and the Identity Card,"Article (19) +Without prejudice to any stricter penalty provided for in any other law, there shall be +punished by imprisonment for a perio d of no more than six month and a fine of no more +than five thousand Dirham s or either penalty any person who, in bad faith, violates Articles +(14) and (15) hereof. + +" +"labour, residency and leberal professions",Federal Law No. 9 of 2006 Concerning Residential Register and the Identity Card,"Article (20) +There shall be considered an aggravating circumstance, the violation by representatives, +managers, agents or Board members of the artificial person of the provisions of article (14) +or (15) hereof. +In case of those mentioned in the preceding paragraph being convicted, the Court may decide that the person affiliated to the convict be suspended from pursuing his activity for +the period it may determine if the violation is committed in his name or for his interest. + +" +"labour, residency and leberal professions",Federal Law No. 9 of 2006 Concerning Residential Register and the Identity Card,"Article (21) +Without prejudice to any stricter penalty provided for in any other law, there shall be +punished by imprisonment for a period of no less than three month and no more than three +year s any person who discloses a work secret, a datum of the population register, any other +data, information or collected statistics registered by the Authority that he may have access +to by reason of his job. + +Chapter Five +General Provisions +" +"labour, residency and leberal professions",Federal Law No. 9 of 2006 Concerning Residential Register and the Identity Card,"Article (22) +Federal Law No. (9) of 2006 Concerning Residential Register and the I dentity Card 8 + The population register and identity card system shall be implemented according to the +stages to be determined by the Board on the proposal of the Director General. + +" +"labour, residency and leberal professions",Federal Law No. 9 of 2006 Concerning Residential Register and the Identity Card,"Article (23) +The forms pertaining to the application of the provisions hereof shall be de termined by the +Board on the proposal of the Director General. + +" +"labour, residency and leberal professions",Federal Law No. 9 of 2006 Concerning Residential Register and the Identity Card,"Article (24) +Fees of the procedures pertaining to the application of the provisions hereof shall be determined by the Council of Ministers on the proposal of the Board. + +" +"labour, residency and leberal professions",Federal Law No. 9 of 2006 Concerning Residential Register and the Identity Card,"Article (25) +A natio nal committee may be formed by a decision of the Council of Ministers on the +proposal of the Board to review the personal data before they are entered in the population +register or the other registers of the Authority. The decision forming the committee sh all +determine its functions while its operational procedures shall be determined by the +executive regulations hereof. + +" +"labour, residency and leberal professions",Federal Law No. 9 of 2006 Concerning Residential Register and the Identity Card,"Article (26) +The executive regulations hereof shall determine the correction procedures of the personal +data and civil events already en tered in the population register. + +" +"labour, residency and leberal professions",Federal Law No. 9 of 2006 Concerning Residential Register and the Identity Card,"Article (27) +Data entered in the card, population register, the other registers of the Authority, certificates +and their official extracts shall be deemed evidence in respect of the entries recorded therein +unless a conc lusive adjudication proves anything to the contrary, or that they are invalid or +false. +" +"labour, residency and leberal professions",Federal Law No. 9 of 2006 Concerning Residential Register and the Identity Card,"Article (28) +The Chairman may authorize the Vice Chairman to assume some of the functions assigned +Federal Law No. (9) of 2006 Concerning Residential Register and the I dentity Card 9 + to him hereunder. The Vice -Chairman shall act for the Chairman in his absence. +" +"labour, residency and leberal professions",Federal Law No. 9 of 2006 Concerning Residential Register and the Identity Card,"Article (29) +The Minister of Justice shall by agreement with the Chairman issue a decision vesting some +of the Authority personnel the capacity of Judicial Officers to record any violations of the +provisions hereof and the decisions issued for th e implementation thereof within their +respective spheres of competence. + +Chapter Six +Final Provisions +" +"labour, residency and leberal professions",Federal Law No. 9 of 2006 Concerning Residential Register and the Identity Card,"Article (30) +The Chairman shall issue the executive regulations hereof after obtaining the approval of +the Board. + +" +"labour, residency and leberal professions",Federal Law No. 9 of 2006 Concerning Residential Register and the Identity Card,"Article (31) +Any provision contrary or contradictory to the provisions hereof shall be repealed. + +" +"labour, residency and leberal professions",Federal Law No. 9 of 2006 Concerning Residential Register and the Identity Card,"Article (32) +This law shall be published in the official gazette and applied from the date of publication. + + + + +Khalifa Bin Zayed Al Nahayan + President of the United Arab Emirates + + +Issue by us in the Presidential Palace at Abu Dhabi +On : 9 Rabie Al -Aakher 1427 A.H. +Corresponding to 7 May 2006 A.D. " +"labour, residency and leberal professions",Federal Decree by Law No. (9) of 2022 Concerning Domestic Workers,"Article (1) +Definitions +In applying the provisions of this Decree -Law, the following words and expressions shall +have the meanings assigne d to each of them, unless the context requires otherwise: + State : Means the United Arab Emirates. + Ministry : Means the Ministry of Human Resources and Emiratisation. + Minister : Means the Minister of Human Resources and Emiratisation. + Domestic +Work : Means the service rendered by the Worker to the Employer or +their Family at the Workplace in accordance with the provisions +of this Decree -Law. + Worker : Means a natural person authorized by the Ministry to perform a +Federal Decree- Law No. (9) of 2022 On Domestic Workers 2 + Domestic Work for a fee, under the management, supervision +and direction of the Employer or the Beneficiary, as the case may +be. + Employer : Means every natural person or Recruitment Agency hiring a +Worker to perform a Domestic Work. + Family : Means the person with whom the Employer is related by kinship +or intermarriage relationship or takes care of them in accordance +with the legislation in force in the State. + Workplace : Means the place designated for permanent or temporary +residence for t he Employer, their Family, the Beneficiary of the +service, or their Family, including private farms and the like. + Recruitment +Agency : Means the agency licensed in accordance with the provisions of +this Decree -Law (whether it has a physical headquarters or +digital channels), to mediate for the recruitment of Workers or +for the Temporary Employment of Workers. + Direct +Recruitment : Means the case when the Recruitment Agency, based on the will +and knowledge of the Employer, brings in a Worker specified b y +name from outside the list of Workers registered with the +Recruitment Agency. + Temporary +Employment : Means a system whereby the Worke r Recruitment Agency +employs its Domestic Workers with the intention of making +them available to a third party (the Beneficiary) to perform a +work subject to the provisions of this Decree -Law, and the +performance of such work is under the supervision and +management of the Beneficiary. + Mediation : Means a service provided by the Recruitment Agency to the +Employer to bring the Worker to be registered on the Employer's +file and without the agency becoming a party to the work +relationship that may arise as a result of this mediation. + Beneficiary : Means every natural person who employs a Worker to work for +Federal Decree- Law No. (9) of 2022 On Domestic Workers 3 + them and under their management, supervision and direction +according to the Temporary Employment system, whether for a +specific period of time or to per form a specific task/service. + Employment +Agreement : Means every fixed -term agreement concluded between the +Employer and the Worker that defines the rights and obligations +of both parties according to the Form approved by the Ministry. + Probation +Perio d : Means the period required by the Employer on the Worker, +which enables the Employer to evaluate the performance of the +Worker and enables the Worker to become familiar with their +job duties and see the work environment, according to which the +Employme nt Agreement can be continued or terminated in +accordance with the provisions of this Decree -Law, its +implementing regulations and the decisions issued in +implementation of them. + Basic Wage : Means the Wage stipulated in the Employment Agreement and +given to the Worker in return for their work under the +Employment Agreement, and no other allowances or benefits in +kind are included in it. + Wage : Means the Basic Wage plus all allowances, bonus es and any +other benefits stipulated in the Employment Agreement - if any. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (9) of 2022 Concerning Domestic Workers,"Article (2) +Objectives +This Decree -Law aims to: +1. Regulate work relations with Workers and determine the responsibilities of the parties to +the relationship in a way that guarantees their rights and obligations in a balanced +manner. +2. Provide a suitable work environment for Workers in accordance with the legislation and +international agreements in force in the State. + +Federal Decree- Law No. (9) of 2022 On Domestic Workers 4 + " +"labour, residency and leberal professions",Federal Decree by Law No. (9) of 2022 Concerning Domestic Workers,"Article (3) +Scope of Application +1. The provisions of this Decree -Law shall apply to the Recruitment and Employment of +Workers whose occupations are set out in the Executive Regulations of this Decree -Law. +2. The Minister may amend the professions stipulated in Clause (1) of this article in +accordance with the needs and requirements of the labour market in the State. +3. In the event that the Worker travels with the Employer or their Family abroad, the two +parties to the Employment Agreement made in accordance with this Decree -Law shall be +bound by the provisions contained therein unless the law of the foreign country requires +otherwise. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (9) of 2022 Concerning Domestic Workers,"Article (4) +Licensing of Recruitment Agencies +1. It is prohibited to engage in Recruitment or Temporary Employment of Workers without obtaining a licence from the Ministry, in accordance with the conditions +specified in the Executive Regulations of this Decree -Law and the decisions issued by +the Ministry . +2. It is not permissible to recruit or employ a Worker except in accordance with the +conditions and procedures stipulated in this Decree -Law and its Executive Regulations +and the decisions issued by the Ministry and any legislation in force in the State in this +field and with observance of the legal conditions necessary for licensing each +profession - if any . +3. It is prohibited to recruit or employ a Worker whose age is less than (18) eighteen Gregorian years. +4. In the event of the Recruitment of Worker s or their Temporary Employment it is +prohibited to: +a. Discriminate among Workers on the basis of race, colour, gender, national origin, social origin, or disability, impairing equal opportunities or prejudice equality in +obtaining or continuing a job and enjoying its rights. +b. Practise verbal or physical sexual harassment against the Worker. +Federal Decree- Law No. (9) of 2022 On Domestic Workers 5 + c. Practise forced labour or do any action that falls within the framework of human +trafficking, in accordance with the laws issued, or the agreements ratified by the +State. +5. Employ Workers in jobs to which the provisions of this Decree -Law do not apply, except +after obtaining the approval of the Ministry. +a. The Minister shall issue a decision specifying the necessary controls for the work of +Recruitment Agencies for Workers and the conditions that must be met by the Employer to allow them to recruit and employ Workers subject to the provisions of +this Decree -Law. The Minister shall also issue the rules, procedures and Forms to be +used by such Agencies. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (9) of 2022 Concerning Domestic Workers,"Article (5) +Obligations of Recruitment Agencies +The Recruitment Agencies must abide by the following: +1. They may not bring a Worker from the Worker's count ry without informing them of the +type and nature of work, the amount of wages and obtaining proof of the Worker's +physical capabilities, adequate health and psychological and professional preparedness, +and meeting other conditions determined by the Executive Regulations of this +Decree- Law and the decisions issued by the Ministry, provided that the nature of each +profession is taken into account. +2. They shall not demand, by itself or through third parties, or accept from any Worker, +whether before or afte r starting work, any commission in return for obtaining the work +or charging them any expenses. +3. They shall conduct the necessary medical examinations for the Worker within a period not exceeding (30) thirty days at most prior to their entry into the State. +4. They shall familiarize the Worker with the customs and traditions of the society in the State. +5. They shall secure adequate housing and subsistence for Workers (whether registered +with the Agency or mediated by the Agency to recruit them for a period of time before +moving to work or those who were returned to the Agency for any reason) subject to the +Federal Decree- Law No. (9) of 2022 On Domestic Workers 6 + rules and regulations regulating labour accommodation in the State and according to +any other requirements set by the Ministry. +6. They shall treat the Wo rker in a good way and protect them against violence. +7. They shall raise the Worker's awareness about the authorities competent to consider their complaints regarding any violation of their rights and freedoms. +8. They shall hand over to the Employer a booklet of Wage receipts or any other mechanism to ensure that the Worker receives their Wages in accordance with the mechanisms and channels specified by the Ministry. +9. They shall bear the expenses of returning the Worker to the Worker's country and +providing a substitute for them or refunding the amounts paid to the Employer in +accordance with the decisions issued by the Ministry. +10. They shall commit to any additional obligations imposed on the Recruitment Agencies +towards Workers, Employers, the Ministry and employment agencies outside the State in +accordance with the cases specified by the Executive Regulations of this Decree -Law and +the decisions issued by the Ministry. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (9) of 2022 Concerning Domestic Workers,"Article (6) +Domestic Labour Recruitment Contract +1. A contract shall be made in accordance with the Form approved by the Ministry between the Recruitment Agency and the Employer to regulate the obligations relating to the +recruitment of the Worker, provided that such contract includes in particular the +following: +a. The conditions set by the Employer to be met by the Worker recruited by the +Recruitment Agency. +b. The basic rights and obligations of the Employer to wards the Worker, especially +the type of work and the amount of remuneration. +c. The financial obligations necessary for the transfer of the Worker from the +Worker's country to the State and in exchange for the services due to Recruitment +Agency. After obt aining the approval of the Council of Ministers, the Minister may +issue the system of controls and fees for the services provided by the Recruitment +Federal Decree- Law No. (9) of 2022 On Domestic Workers 7 + Agency. +d. The specified period for the implementation of the recruitment procedures. +2. If the Worker Recruitment Agency violates the conditions agreed upon in the contract +stipulated in Clause 1 of this article, then the Employer shall have the right to refuse to employ the Worker recruited. In this case, the provisions stipulated in the Executive +Regulatio ns of this Decree -Law and any relevant decisions issued by the Ministry +regarding the provision of an alternative Worker or refunding the recruitment fees to the +Employer shall apply without prejudice to the right of the Employer to claim +compensation from the Recruitment Agency for any damage they may sustain due to +breach of the contract. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (9) of 2022 Concerning Domestic Workers,"Article (7) +Employment Agreement +1. The Employer must conclude an Employment Agreement with the Worker in accordance +with the Form and mechanisms appr oved by the Ministry in this regard and deliver a +copy thereof to the Worker. +2. The Employment Agreement shall include the names of its parties, the Workplace, the +date of execution, the date and type of work, the date of commencement, the term of the +Agreement, the amount of the Wage, the Basic Wage, the method of payment of the +Wage, the permitted leaves for the Worker, the Probationary Period, if any, the rest +periods, and the cases that may result in the termination of the contract, in addition to +any other conditions required by the nature of Work and included in the contract Form +approved by the Ministry. +3. The Employment Agreement's term shall be a limited period namely two years, and may be renewed for the same period. If the two parties contin ue to implement it after the +expiry of its original term, the original contract shall be considered implicitly extended with the same conditions contained therein, including the term condition. With the consent of both parties, the Employment Agreement may be terminated before the +expiry of its term. + +Federal Decree- Law No. (9) of 2022 On Domestic Workers 8 + " +"labour, residency and leberal professions",Federal Decree by Law No. (9) of 2022 Concerning Domestic Workers,"Article (8) +Probation Period +The Employer may appoint the Worker under a Probation Period not exceeding (6) six +months from the date of commencement. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (9) of 2022 Concerning Domestic Workers,"Article (9) +Working Hours and Weekly Rest +1. The Worker shall have be entitled to a paid weekly rest day in accordance with what is specified in the Executive Regulations of this Decree -Law. They may be required to work +on a weekly rest day, in which case they shall be entitled to an alternative day of rest or +payment of the equivalent of a day's Wage. +2. The executive decisions issued by the Ministry shall regulate the working and rest times +so that the daily rest for the Worker is not less than (12) twelve hours per day, of which +(8) eight must be consecutive. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (9) of 2022 Concerning Domestic Workers,"Article (10) +Leaves +1. The Worker shall be entitled to an annual leave of no less than (30) thirty days for each year. It shall be paid before it is taken, and if the service period is less than a year and +more than (6) six months, then the Worker shall be entitled to a two -day leave for each +month of service. The Employer may set the date of the annual leave, and, when +necessary, may divide it into a maximum of two periods. +2. If the working conditions require that the Worker works during all or part of their annual +leave and the period of leave during which they worked is not carried over to the +following year, then the Employer must pay them their Wages in addition to a leave +allowance equal to their Wages for the days they worked during that period. In all cases, +the Worker may not be required to work during their annual leave for more than once in +two consecutive years. +3. In calculating the annual leave period, the legally p rescribed vacation days are included +Federal Decree- Law No. (9) of 2022 On Domestic Workers 9 + if the annual leave enjoyed by the Worker is interrupted, and shall be considered a part +of it. +4. If the Worker wishes to travel to their country to take their annual leave then the Employer shall bear the price of the ir return ticket once for every two years. If the two +parties agree to terminate or not renew the Employment Agreement after the annual +leave, then the Employer shall bear their one -way ticket. +5. If the Employment Agreement expires or is terminated by one of its parties without the +Worker having obtained their annual leave, then the Worker shall be entitled to a cash +compensation equal to their Wages for the number of leave days due to them. Such +allowance is calculated according to the last Wage received by the Worker. +6. The Worker is entitled to a sick leave for a period not exceeding (30) thirty days in each contractual year. The Worker shall take such leave, whether consecutive or not, +whenever their need for it is proven by a medical report issued by a health authority +approved by the State. +It is calculated as follows: +a. The first (15) fifteen days shall be paid. +b. The following (15) fifteen days shall be half -paid. +7. If the illness resulted from the misconduct of the Worker, then they shall not be entitled +to any paid or half -paid sick leaves. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (9) of 2022 Concerning Domestic Workers,"Article (11) +Employer's Obligations +The Employer shall abide by the obligations contained in the Employment Agreement in +addition to the following: +The Employer shall: +1. Provide the Worker with all they need to perform the work agreed upon. +2. Provide suitable accommodation for the Worker. +3. Provide the Worker with meals and appropriate clothes to perform the Work as long as they work on a full- time basis and not on a temporary basis unless agreed otherwise. +4. Pay the Wage of the Worker in accordance with the Employment Agreement, the +Federal Decree- Law No. (9) of 2022 On Domestic Workers 10 + provisions of this Decree -Law, and the decisions issued by the Ministry. +5. Bear the costs of the medical treatment for the Worker in accordance with the health +system in force in the State or provide health insurance in accordance with the +legislation in force in the State. +6. Treat the Worker in a good manner that preserves their dignity and the safety of their +body. +7. Refrain from requiring the Worker to work for others except in accordance with the +terms and conditions stipulated in the Executive Regulations of this Decree -Law and the +decisions issued by the Ministry. +8. Refrain from employing any Worker unless such Worker is licensed to work in +accordance with the provisions of this Decree -Law, its implementing regulations and +decisions issued by the Ministry. +9. Pay the necessary compensation resulting from work injuries and occupational diseases +in accordance wit h the compensations stipulated in the provisions of the +aforementioned Decree -Law No. (33) of 2021 regarding the regulation of labour +relations and the decisions issued in implementation t hereof. Such obligation shall not +be forfeited by the Employer unless the concerned insurance company pays the +compensation stipulated in this Clause. +10. Refrain from employing the Worker in a profession different from the nature of their +work except w ith their consent and provided that it is one of the professions mentioned +in the Executive Regulations of this Decree -Law. +11. Ensure the right of the Worker to keep their own identification documents. +12. Pay the heirs of the Worker, who died during service, the Wage for the month in which such Worker died plus any other entitlements to the Worker. +13. Refrain from receiving, directly or indirectly, any amounts or prices from the Worker, +unless the same is stipulated in this Decree -Law, its Executive Regulations, decisions +issued by the Ministry, or in the contract Form approved by the Ministry. +14. Notify the Ministry of any violation by the Worke r of what is imposed by the legislation +in force. In this case the Employer must abide by what the Ministry decides in this regard. +15. Bear the expenses of returning the Worker to their country in accordance with the +Federal Decree- Law No. (9) of 2022 On Domestic Workers 11 + provisions of this Decree -Law and its Executive Regulations. +16. Commit to any other obligations stated in this Decree -Law or decided by its Executive +Regulations or decisions issued by the Ministry. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (9) of 2022 Concerning Domestic Workers,"Article (12) +Worker's Obligations +The Worker shall abide by the obligations contained in the Employment Agreement in +addition to the following: +The Worker shall: +1. Perform the work by themselves according to the direction and supervision of the +Employer and in accordance with the provis ions of the Employment Agreement, and in +performing it they should exercise the necessary care and not stop working without an +acceptable excuse. +2. Observe the customs and traditions of society and adhere to public morals. +3. Comply with the Employer' s instructions regarding the implementation of the agreed +work, unless these instructions contradict the contract, law, public order, public morals, +or expose the Worker to danger or legal accountability. +4. Preserve the Employer's property, work tools, and all that is in their custody or at their +disposal, fully take care of them, and take all necessary measures to preserve them and +their safety. +5. Respect the privacy of the Workplace and not disclose secrets that are known to them by +virtue of their work, even after its completion. +6. Refrain from using work tools outside the Workplace without the approval of the +Employer. They shall keep such tools in the places designated for them. +7. Provide the necessar y aid and assistance in cases of disasters and dangers that threaten +the Workplace or the safety of those inside it. +8. Refrain from working under any form except under a work permit issued to them by the +Ministry and in accordance with the terms of such permit. +9. Commit to any other obligations stated in this Decree -Law or decided by its +Executive Regulations or decisions issued by the Ministry. +Federal Decree- Law No. (9) of 2022 On Domestic Workers 12 + " +"labour, residency and leberal professions",Federal Decree by Law No. (9) of 2022 Concerning Domestic Workers,"Article (13) +Occupational Care and Safety +The Employer and the Worker shall abide by the approved occupatio nal health and safety +requirements and health prevention methods as stipulated in the Executive Regulations of +this Decree- Law and any other legislation in force in the State. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (9) of 2022 Concerning Domestic Workers,"Article (14) +Temporary Recruitment +1. In the case of Temporary Employment, the Recruitment Agency shall be the Employer, without prejudice to the obligations of the Worker towards the natural person or their +Family benefiting from the service. The Executive Regulations of this Decree -Law shall +regulate the terms of Temporary Employment. +2. The provisions of this Decree -Law shall apply to Recruitment Agency Workers who work +under the Temporary Employment system for the Beneficiary in terms of regulating their +relationship with the Beneficiary. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (9) of 2022 Concerning Domestic Workers,"Article (15) +Wage +1. The monthly Wage shall be paid in UAE dirhams within a period not exceeding (10) ten +days from its due date. The Ministry may set the system it deems most appropriate for +the manner and guarantee of payment of Wages. +2. The Worker shall be entitled to Wages from the date of their entry into the State or from +the date of their status adjustment. The payment of the Wage shall be evidenced by a +written receipt or any other means of proof decided by the Ministry. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (9) of 2022 Concerning Domestic Workers,"Article (16) +Pay Deductions +1. If the Worker commits an act resulting from their grave mistake or violation of +instructions that results in harm to the Employer by losing or destroying tools, machines, +Federal Decree- Law No. (9) of 2022 On Domestic Workers 13 + products or materials owned by the latter, or what is in the custody of the Worker or at +their disposal, then the Employer, either with the consent of the Worker or with the +approval of the Ministry if the Worker does not agree, shall deduct from the Wage an +amount not exceeding a quarter of what is necessary to re dress the damage as estimated +by the Ministry. If neither of the two parties agrees to what the Ministry decides, the +dispute shall be referred to the court. +2. Deductions from the Wages of the Worker shall be deducted from the Wages necessary +for the pa yment of debts in implementation of a judicial ruling, provided that it does not +exceed a quarter of such Wage. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (9) of 2022 Concerning Domestic Workers,"Article (17) +Wage Suspension +1. A Worker who is in pretrial detention shall have their Wages suspended for the duration of such detention. +2. If the criminal case is filed on the basis of a notification from the Employer and the criminal investigation does not result in trial or a final judgment is issued acquitting the +Worker, then the Worker shall be paid their Wages for the period of det ention, and in the +event of conviction they shall be deprived of their Wage. +3. If the criminal case is filed on the basis of a notification from a person other than the Employer, and the Worker is eventually convicted, then the suspended Wage shall not be +paid. However, if the criminal investigation does not result in trial or the Worker is acquitted, then the informant is obliged to pay the Wages, unless the Worker agrees with +the informant to waive the Wages. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (9) of 2022 Concerning Domestic Workers,"Article (18) +Leaving Work +1. The Execut ive Regulations of this Decree -Law and the decisions issued by the Ministry +shall determine the cases in which a Worker may leave work. +2. The Employer must notify the Ministry within (5) five days of the absence of the Worker +from work without a legitim ate reason. +Federal Decree- Law No. (9) of 2022 On Domestic Workers 14 + 3. The Worker must also notify the Ministry within two (2) days of leaving work without +the knowledge of the Employer. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (9) of 2022 Concerning Domestic Workers,"Article (19) +End of Employment Agreement +1. The Employment Agreement ends in one of the following cases: +a. Expiry of its term unless renewed in accordance with the provisions of this Decree -Law +and its Executive Regulations. +b. The death of the Worker or their disability during and because of work. The disability is established and its percentage is determined b y a report from a specialized medical +commission. The Employer shall bear the costs of returning the incapacitated Worker or the body of the deceased Worker to the Worker's country. +c. Death of the Employer; the Employment Agreement may continue to the end of its +term in case of agreement between the Family and the Worker. +d. The Worker is convicted in a felony or sentenced to a freedom -restricting penalty in a +felony or misdemeanour. +e. The agreement of the parties to terminate the Employment Agreement. +f. The Worker's exhaustion of their sick leaves or their lack of physical ability to perform +work. +g. The absence of the Worker from work without an acceptable excuse during the +contractual year for a period of (10) ten consecutive days or (15) fifteen non - +consecutive days. +h. Evidence of a breach by one of the parties to the Employment Agreement of the +obligations prescribed by law or agreement. In this case, the provisions of article (20) +of this Decree -Law shall apply. +2. The Employer shall pay all the Wo rker's financial entitlements within (10) ten days from +the date of the Employment Agreement's expiry, according to the cases and in the manner specified by the Executive Regulations. + + +Federal Decree- Law No. (9) of 2022 On Domestic Workers 15 + " +"labour, residency and leberal professions",Federal Decree by Law No. (9) of 2022 Concerning Domestic Workers,"Article (20) +Termination of Employment Agreement +1. Either party to the Employment Agreement may terminate it unilaterally if the other +party breaches its obligations specified in articles (11) and (12) of this Decree -Law. +2. If the Employment Agreement is terminated by the Employer for a reason not attributed to the Worker, then the Employer shall be required to provide a ticket for the Worker's +return to the Worker's country, and the Employer shall also pay any other dues to the +Worker owed by the Employer. +a. If the Employment Agreement is terminated by the Worker after the Probationary +Period and for a reason attributed to the Worker, then the obligations shall be as +specified in the following cases: +b. In the case of Direct Recruitment, the Worker shall bear the cost of returning the +Worker to the Worker's country and any other dues to the Employer that are owed +by the Worker. In the event that the Worker is unable to bear the cost of returning to +the Worker's country, the Employer shall bear such cost. +c. If the Worker is recruited through a Recruitment Agency, then the provisions of +article (5) of this Decree -Law shall apply. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (9) of 2022 Concerning Domestic Workers,"Article (21) +Worker Transfer +1. The Worker shall have the right to transfer to a new Employer, provided that all contractual requirements contained in the Employment Agreement are fulfilled, taking +into account the rights of the original Employer, and in accordance with the conditions and procedures issued by a decision of the Minister. +2. The Employer shall not be bound by the expenses of returning the Worker to th e +Worker's country if the Worker joins another job in accordance with the provisions of this Decree- Law, its implementing regulations and decisions issued by the Ministry. + + +Federal Decree- Law No. (9) of 2022 On Domestic Workers 16 + " +"labour, residency and leberal professions",Federal Decree by Law No. (9) of 2022 Concerning Domestic Workers,"Article (22) +End -of-Service Gratuity +Based on the Minister's proposal, the Council of Ministers may approve the systems and +mechanisms for calculating and paying the end -of-service gratuity for Workers. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (9) of 2022 Concerning Domestic Workers,"Article (23) +Settlement of Disputes and Complaints +1. Should a dispute arise between the Employer and the Worker and they fail to settle it +amicably, they shall refer it to the Ministry. In this case, the Ministry shall have the right +to take the following measures: +a. The Ministry shall take the measures it deems appropriate to settle the dispute amicably in accordance with the procedures stipulated in the Executive Regulations +of this Decree -Law and the decisions issued by the Ministry. +b. In the event that an amicable settlement is not reached within the period specified in the Executive Regulations of this Decree -Law, the Ministry shall refer the dispute to +the competent court. The referral shall be accompanied by a memorandum +containing a summary of the dispute, the arguments of the two parties, and the +Ministry's recommendations. +2. The M inistry shall have jurisdiction to consider complaints submitted by Employers +and Recruitment Agencies. +To this end, it may take the following actions: +a. The Ministry shall take the measures it deems appropriate for reaching an amicable settlement between the two parties in accordance with the provisions of this Decree- Law, its Executive Regulations and the decisions issued by the Ministry. +b. If such amica ble settlement is not reached within two weeks from the date of +submitting the complaint, then it will be referred to the competent court. +3. In the event of a dispute arises between the Worker and the Worker Recruitment Agency, the provisions stipulated in Paragraph (1) of this rticle shall apply to such +dispute. +4. A lawsuit filed before the competent court by any of the parties to the Employment +Federal Decree- Law No. (9) of 2022 On Domestic Workers 17 + Agreement shall not be accepted unless the procedures stipulated in this Decree -Law +and its Executive Regulat ions are observed. +5. Upon examining the disputes and complaints referred to in this article, if the Ministry +discovers any violations of the provisions of this Decree -Law or its Executive +Regulations, the Ministry shall take measures to hold to account an y violators and +impose on them the penalty stipulated in this Decree -Law, its Executive Regulations +and related legislation in accordance with the mechanisms to be determined by a decision from the Minister. +6. Subject to the provisions of this article, th e Ministry shall have the right, during the +consideration of the dispute or complaint, and in accordance with the mechanisms it +specified, to require the concerned Recruitment Agency to fulfill any obligations +assigned to the Recruitment Agency under the p rovisions of this Decree -Law, its +Executive Regulations, or the Employment Agreement, whether towards the Worker, the Employer or the Beneficiary, as the case may be. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (9) of 2022 Concerning Domestic Workers,"Article (24) +Inspection +1. The Ministry's officials designated by a decision of the Min ister of Justice, in agreement +with the Minister, shall have the capacity of judicial officers in proving actions that violate +the provisions of this Decree -Law and its Executive Regulations and the decisions issued +in implementation of them. +To this end, they may perform the following tasks: +a. Monitor the implementation of the provisions of this Decree -Law, its Executive +Regulations and the decisions issued in implementation thereof. +b. Hold to account any violators of the provisions of this Decree -Law, its Executive +Regulations, and the decisions issued in implementation thereof. +c. Inspect Recruitment Agencies. +d. Inspect Workplaces and residence of Workers, including those of Workers p rovided +by Recruitment Agency. +2. Inspectors may not enter the residence of the Employer's Family except with the +Federal Decree- Law No. (9) of 2022 On Domestic Workers 18 + permission of their owners or the permission of the Public Prosecution, in any of the +following two cases: +a. A complaint is filed by the Work er or the Employer. +b. Reasonable evidence of violations of the provisions of this Decree -Law and its +Executive Regulations and the decisions issued in implementation thereof is found. +3. Shall be excluded from the provisions of article (2) of this article the Workers' places of +residence and Workplaces, such as farms, manors, and the like, which are not considered a home for the Employer and their Family. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (9) of 2022 Concerning Domestic Workers,"Article (25) +Administrative Violations and Penalties +1. The Executive Regulation of this Decree -Law shall determine the administrative +penalties for acts that violate the provisions of this Decree -Law, its Executive Regulations +and the decisions issued in implementation thereof. +2. The Executive Regulation of this Decree -Law and the decisions issued by the Ministry +shall determine the cases in which certain administrative measures may be taken against the Employer, the Worker, or Recruitment Agency to obligate them to comply with the provisions of this Decree -Law. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (9) of 2022 Concerning Domestic Workers,"Article (26) +Lawsuits +1. The State courts shall have jurisdiction to consider disputes and lawsuits brought for violation of the provisions of this Decree -Law and its Executive Regulations and the +decisions issued in implementation thereof. +2. Lawsuits for any of the rights arising under the provisions of this Decree -Law shall not be +heard after the lapse of (3) three months from the date of termination of the Work +relationship. +3. Lawsuits filed by Workers in accordance with the provisions of this Decree -Law shall +be exempt ed from all judicial fees at all stages of litigation, and their consideration shall +be urgent. +Federal Decree- Law No. (9) of 2022 On Domestic Workers 19 + " +"labour, residency and leberal professions",Federal Decree by Law No. (9) of 2022 Concerning Domestic Workers,"Article (27) +Penalties +1. The application of the penalties stipulated in this Decree -Law shall not prejudice any +severer penalty stipulated in any other law. +2. Shall be imprisoned for a period not exceeding (6) months and/or charged a fine of no +less than (20,000) Twenty Thousand Dirhams and no more than (100,000) One +Hundred Thousand Dirhams any person who: +a. Provides incorrect information or documents wit h the intention of recruiting a +Worker to the State to work in it. +b. Obstructs or prevents an official assigned to enforce the provisions of this +Decree- Law and its Executive Regulations and the decisions issued in +implementation thereof, or attempts or s tarts to prevent such official from +performing their job, whether by using force, violence or threatening to use the same. +c. Divulges a work secret that they had come to know by virtue of their work as a +public servant charged with enforcing the provision s of this Decree- Law and its +Executive Regulations and the decisions issued to implement them, even after leaving such job. +3. Shall be fined an amount of not less than (50,000) Fifty Thousand Dirhams and not +exceeding (200,000) Two Hundred Thousand Dirh ams any person who: +a. Hires a Worker who is not authorized to work for them. +b. Recruits or hires a Worker then leaves them without work. +c. Uses work permits for Workers for purposes other than those for which they are +issued. +d. Closes or ends the business of a Worker Recruitment Agency without taking the +procedures for settling the Workers' rights in violation of the provisions of this +Decree- Law, its Executive Regulations and the decisions issued in +implementation of them. +e. Recruits a Worker under the age of (18) eighteen Gregorian years in violation of +the provisions hereof. +Federal Decree- Law No. (9) of 2022 On Domestic Workers 20 + f. Facilitates the abandonment by a Worker of such Worker's work or provides +them with shelter for the purpose of exploiting the Worker or provide the Wor ker +with unauthorized employment. +4. Shall be imprisoned for a period not exceeding a year and/or charged a fine of no less than (200,000) Two Hundred Thousand Dirhams and no more than (1,000,000) One +Million Dirhams any person who: +a. Engages in the act ivity of any Mediation or Temporary Employment of Workers +in the State without a licence in accordance with the provisions of this +Decree- Law and its Executive Regulations and decisions implementing them. +b. Exploits or misuses the electronic powers grante d to them to access the Ministry's +systems, or enables others to do so, resulting in a breach of the procedures, work +relationships, or the Ministry's systems. +5. A Recruitment Agency that fails to comply with any of the provisions of this Decree -Law +or its Executive Regulations or the decisions implementing them, shall be punished with +a fine of not less than (50,000) Fifty Thousand Dirhams and not exceeding (200,000) +Two Hundred Thousand Dirhams. +6. A fine of no less than (5,000) Five Thousand Dirhams and not more than (1,000,000) +One Million Dirhams shall be imposed on anyone who violates any other provision of +this Decree- Law or its Executive Regulations or the decisions implementing them. +7. The fine imposed in accordance with the provisions of th is Decree- Law and its Executive +Regulations or the decisions implementing them shall be multiplied by the number of Workers in respect of whom the violation occurred, and up to a maximum of +(10,000,000) Ten Million Dirhams. +8. In the event of re- committing any of the violations referred to in this Decree -Law and its +Executive Regulations and decisions implementing them before the lapse of one year +from the date of the judgment, the penalty shall be doubled for the offender. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (9) of 2022 Concerning Domestic Workers,"Article (28) +Final Provisions +1. The rights stipulated in this Decree -Law represent the minimum rights of Workers. The +Federal Decree- Law No. (9) of 2022 On Domestic Workers 21 + provisions of this Decree -Law do not prejudice any of the rights granted to the Worker +under any other legislation, agreement, acknowledg ment, regulation, or Employment +Agreement that entitles the Worker to rights more beneficial than the rights established +under the provisions of this Decree -Law. +2. Upon the proposa l of the Minister, the Council of Ministers shall have the power to +change the periods mentioned in this Decree -Law in a manner that achieves a balance in +the relationship between the concerned parties and stipulated in this Decree -Law or as +required by th e public interest. +3. The Council of Ministers, or whomever it delegates, shall determine the minimum salary/monthly income for a foreign resident in the event they desire to recruit or +employ a Worker, and shall set any other controls in this regard. +4. Every condition in an Employment Agreement or contract that contradicts the provisions +of this Decree -Law, its Executive Regulations and the decisions implementing them, +even if it is prior to its enforcement, shall be null and void unless it is more be neficial to +the Worker. +5. Arabic is the language approved in all records, files, data, Forms, contracts and other +provisions of this Decree -Law and its Executive Regulations and the decisions issued in +implementation of them, provided that, beside Arabic, another language understood by the non -Arabic speaking Worker is provided. It shall be taken into account that the +non -Arabic text fully matches the Arabic text. In the event of discrepancies, the Arabic +text shall prevail. +6. All amounts owed to the Worker or their heirs pursuant to the provisions of this +Decree- Law shall have a priority over all of the Employer's movable and real estate +funds. They shall be collected immediately after collecting the amounts due to the public treasury and legal alimon y. +7. In all cases of ending the work relationship, the Ministry shall have the authority to grant +the Worker a new work permit, or not to grant it, for the periods it deems appropriate in +accordance with the rules it determines in this regard. + + +Federal Decree- Law No. (9) of 2022 On Domestic Workers 22 + " +"labour, residency and leberal professions",Federal Decree by Law No. (9) of 2022 Concerning Domestic Workers,"Article (29) +Fees +Based on a proposal by the Minister and presented by the Minister of Finance, the Council of +Ministers shall issue a decision determining the fees necessary to implement the provisions +of this Decree -Law and its Executive Regulations. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (9) of 2022 Concerning Domestic Workers,"Article (30) +Executive Regulations +Upon the Minister's presentation, the Council of Ministers shall issue the Executive Regulations for this Decree -Law within (3) three months from the date of its publication. + +" +"labour, residency and leberal professions",Federal Decree by Law No. (9) of 2022 Concerning Domestic Workers,"Article (31) +Repealing +1. Law No. 10 of 2017 on Domestic Workers is hereby repealed, as is any provision that +contradicts or contradicts with the provisions of this Decree -Law. +2. The decisions, regulations, and r ules that were in force prior to the issuance of this +Decree- Law shall continue to be in force in a manner that does not conflict with this +Decree- Law's provisions, until the issuance of their replacements in accordance with the +provisions of this Decree -Law. + + + + + + + + + +Federal Decree- Law No. (9) of 2022 On Domestic Workers 23 + " +"labour, residency and leberal professions",Federal Decree by Law No. (9) of 2022 Concerning Domestic Workers,"Article (32) +Publication and Implementation +This Decree- Law shall be published in the Official Gazette and shall come into force after (3) +three months from the date of its publication. + + + + + + +Mohammed bin Zayed Al Nahyan +President of the United Arab Emirates + +Issued by us at the Presidential Palace - Abu Dhabi +Date of Issue : 9th Safar 1444 AH +Corresponding to : 5th September, 2022 AD + " +"labour, residency and leberal professions",Cabinet Resolution No. (12) of 2023 Concerning the Freelance Work Leave for Employees of the Federal Government,"Article (1) +For the purpose of applying the provisions of this Resolution, and unless the context requires +otherwise, the following words and expressions shall have the meanings assigned thereto +respectively: +Federal Entity : Any ministry established in accordance with Federal Law No. (1) of +1972 concerning the Competences of Ministries and the Powers of +Ministers, as amended, as well as any authority, institution or +regulatory agencies affiliated to the Federal Government. +Head of the +Federal Entity : The Minister, the Chairman of the Board of Directors, the He ad of the +Entity, or the like, as the case may be. Cabinet Resolution of 20 23 Concerning Full -Time Self -Employment Leave for Federal Government Employees 2 + Employee : The national employee who occupies one of the positions mentioned +in the budget of the Federal entity, exclusive of temporary or part -time +employment contracts. +Citizen : A person who holds the nationality of the United Arab Emirates. +Authority : The Federal Authority for Government Human Resources. +Leave : The full -time self -employment leave. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (12) of 2023 Concerning the Freelance Work Leave for Employees of the Federal Government,"Article (2) +Scope of Application +This Resolution shall apply to the Federal Entities, except for companied owned by the Federal +Government. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (12) of 2023 Concerning the Freelance Work Leave for Employees of the Federal Government,"Article (3) +The Authority Competent to Grant the Leave +The Head of the Federal Entity may grant the leave to the employee in accordance with the +conditions and controls set forth in this Resolution. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (12) of 2023 Concerning the Freelance Work Leave for Employees of the Federal Government,"Article (4) +Conditions and Control s for Granting the Leave +In order for the leave to be granted, the following conditions shall be met: +1. The employee’s purpose of the leave shall be to establish his economic enterprise in the +private sector, manage an existing enterprise or participate with others in establishing an +economic enterprise . +2. The employee shall obtain the necessary licenses for his economic enterprise from the +competent authorities in the State , has documents proving that he has initiated or is initiating +the procedures necessary for obtain ing the required licenses, or prove that he has a previous Cabinet Resolution of 20 23 Concerning Full -Time Self -Employment Leave for Federal Government Employees 3 + enterprise that he wishes to manage by himself or is a partner with others in an economic +enterprise . +3. The criteria contained in the manuals issued by the Authority in coordinati on with the +Ministry of Economy shall be met. +4. The percentage or number prescribed by the Federal Entity to grant its employee this leave +shall be complied with as determined by the Authority . +5. The employee shall have obtained a performance evaluation not less than 2 or its equivalent +by his employer . +6. The employee's total period of service in the entities he has worked for ( Federal or local) shall +not be less than (5) five years . +7. The employee shall have performed the national service or have evidenc e of his status. +8. The employee shall not be committed to service for his employer due to dispatch on a study +mission, unless the employer decides otherwise. +9. The employee shall satisf y any other additional conditions or controls set by his employer. +10. The employee shall undertake not to use the channels , electronic means, or other means +available to his employer to promote his economic enterprise. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (12) of 2023 Concerning the Freelance Work Leave for Employees of the Federal Government,"Article (5) +The Term of the Leave and Financial Allocations +The term of the leave shall be one year within which the employee shall receive (50%) of his total +salary , exclusive of the bonuses a nd allowances associated with the job. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (12) of 2023 Concerning the Freelance Work Leave for Employees of the Federal Government,"Article (6) +The Number of Employees Eligible for Obtaining the Leave +The Authority shall specify the number or ratio of the employees eligible for the leave on an +annual basis at the level of the Federal Government in accordance with the interest of work. + Cabinet Resolution of 20 23 Concerning Full -Time Self -Employment Leave for Federal Government Employees 4 + " +"labour, residency and leberal professions",Cabinet Resolution No. (12) of 2023 Concerning the Freelance Work Leave for Employees of the Federal Government,"Article (7) +Duties of Employees +The employee shall continue in his workplace after obtaining the approval of the leave for a +period of not less than the notice period prescribed for his job grade according to the contract +concluded with him, provided that all the tasks assign ed to him are handed over to a nother +employee during such period, and such period is not included in the leave period. +The head of the Federal Entity or whomever he authorizes may cancel or reduce the +aforementioned period, as required by the interest of work in the Federal Entity . + +" +"labour, residency and leberal professions",Cabinet Resolution No. (12) of 2023 Concerning the Freelance Work Leave for Employees of the Federal Government,"Article (8) +Termination of the Leave +The leave period shall expire in the following cases : +1. Upon expiration of the approved leave period; or +2. At the request of the employee and the approval of the head of the Federal Entity or any +person authorized thereby . + +" +"labour, residency and leberal professions",Cabinet Resolution No. (12) of 2023 Concerning the Freelance Work Leave for Employees of the Federal Government,"Article (9) +Combined Leaves +The employee may combine this leave with the leave without pay and annual leave. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (12) of 2023 Concerning the Freelance Work Leave for Employees of the Federal Government,"Article (10) +General Provisions +1. During the leave period, the employee shall be subject to the provisions of Law of Human +Resources in the Feder al Government and its Executive Regulations, and all the resolutions +issued based thereon. +2. During the leave, the employee shall not be entitled to the annual leave or any type of +promotion, incentives, bonuses , or any other type of leave or promotions. Cabinet Resolution of 20 23 Concerning Full -Time Self -Employment Leave for Federal Government Employees 5 + 3. Official holidays or any other holidays during the leave period shall be considered as part of +it and the employee shall not be granted an extension or compensation therefor . +4. The employee's participation in retirement shall continue throughout the leave peri od where +the leave period shall be considered as a continuous per iod of service of the employee. +Further, the employee's monthly retirement deduction shall continue on the basis of +calculating the employee's contribution salary before obtaini ng the leave, and the employee +shall assume his contribution rate . The employer shall transfer all the monthly contributions +due from him to the General Pension and Social Security Authority on the scheduled dates. +5. After the end of the leave period, the employee shall return to his original job in the F ederal +Entity , or to any other job approved by the employer, as required by the interest of work . + +" +"labour, residency and leberal professions",Cabinet Resolution No. (12) of 2023 Concerning the Freelance Work Leave for Employees of the Federal Government,"Article (11) +Implementing Resolutions +The Chairman of the Authority shall issue the resolutions and manuals necessary for the +implementation of this Resolution. To this end, he may amend the conditions and controls +contained in this Resolution as required by the interest of work in the Federal Government . + +" +"labour, residency and leberal professions",Cabinet Resolution No. (12) of 2023 Concerning the Freelance Work Leave for Employees of the Federal Government,"Article (12) +Publi cation and Enforcement +This Resolution shall be pu blished in the Official Gazette and shall enter into force as of +01/01/2023 . + +Mohammed bin Rashid Al -Maktoum +Prime Minister + +Issued by Us +On: 10 Shaaban 1444 A .H. +Corresponding to : 02 March 2023 AD " +"labour, residency and leberal professions",Cabinet Resolution No. (42) of 2024 Concerning the Rewards and Incentives Scheme for Federal Government Employees,"Article (1) +Definitions +The same definitions set forth in Federal Decree -Law No. (49) of 2022, on Human +Resources of the Fe deral Government, shall apply to the present Resolution; otherwise, +the following words and expressions shall bear the meanings assigned thereto +respectively, unless the context requires otherwise: +Scheme : The Rewards and Incentives Scheme for Federal Government +Employees. +Committee : The Rewards and Incentives Committee of the Federal Entity +referred to in this Resolution. + Cabinet Resolution of 20 24 Concerning the Rewards and Incentives Scheme for Federal Government +Employees 2 + " +"labour, residency and leberal professions",Cabinet Resolution No. (42) of 2024 Concerning the Rewards and Incentives Scheme for Federal Government Employees,"Article (2) +Objectives +The Scheme aim s to: +1. Provide mechanisms that enable the Federal Entities to motivate their work ing teams +and employees in recognition of their valuable con tributi on and achievements, and +retai n talented and competent public employees , so as to enhance the culture of +loyalty, competiveness and achievement and upscale levels of overall performance; +and +2. Achieve transparency, fairness and equal opportunities in granting rewards to eligible +persons , in line with the objectives and directions of the F ederal G overnment. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (42) of 2024 Concerning the Rewards and Incentives Scheme for Federal Government Employees,"Article (3) +Scope of Application +1. The provisions of this Resolution shall apply to the Employees serving at the Federal +Entities governed by the provisions of Federal Decree -Law No. (49) of 2022, on +Human Resources of the Federal Government, of different job grades, e mployment +patterns and types of work. +2. The following categories shall b e excluded from the application of the provisions of +this Resolution: +a. Employees on probation; +b. Employees appointed on a temporary employment basis if the term of the contract +is less than (3) three months; +c. Employees whose service has terminated for whatever reason, except for +Employees whose service has terminated for reaching the age of retirement; +d. Outsourced Employee s; +e. Members of teams and committees to who m financial allowances are paid out +under any legi slation in force; and +f. The entities that have their own rewards and incentives policies and regulations . + +" +"labour, residency and leberal professions",Cabinet Resolution No. (42) of 2024 Concerning the Rewards and Incentives Scheme for Federal Government Employees,"Article (4) Cabinet Resolution of 20 24 Concerning the Rewards and Incentives Scheme for Federal Government +Employees 3 + Types of Incentives +The Resolution defines two major types of incentives that ca n be granted to E mployees of +the Federal Government Entities , as follows: +1. Financial Incentives: Including cash bonuses or incentives, or other forms of +financial recognition . +2. In-Kind Incentives: Including certificates, awards or any other forms of in-kind +recognition . + +" +"labour, residency and leberal professions",Cabinet Resolution No. (42) of 2024 Concerning the Rewards and Incentives Scheme for Federal Government Employees,"Article (5) +General Provisions +In order for any of the financial incentive s set forth herein to be disbursed , the following +requirements shall be fulfilled : +1. Appropriations must be available in the approved budget of the Federal Entities . +2. No single employee may concurrently benefit from both an annual performance +bonus and any type of promotion, adjustment of special benefits or benefits of experts +and consultants during the same year. A period of not less than (12) twelve months +must have lapsed following the last promotion or adjustment of benefits or annual +performance bonus received by the employee. +3. An annual performance bonus and any other bonus under the categories set forth in +the present Scheme may be concurrently combined, without prejudice to the +stan dards and conditions stipulated for each category. +4. An Employ ee may be granted more th an one bonus or in -kind rewards , as per the +categories described hereunder, within one year, except for annual performance +bonuses that are granted once a year, taking into account the conditions related +thereto . +5. The total value of all categories of bonuses, including an annual performance bonus, +that an Employee can obtain in one year under the provisions of the present +Resolution , must not exceed (AED 100,000) one hundred thousand dirhams . Cabinet Resolution of 20 24 Concerning the Rewards and Incentives Scheme for Federal Government +Employees 4 + 6. The E mployee must not have been subject to an administrative sanction during the +year of nomination for any of the bonuses set forth in this Resolution , unless the legal +effect thereof has been eliminated. +7. The C ommittee may add other standards or requirements, as required by the interest +of work. +8. The C hairman of the Federal Entity may grant UAE national Employees , whose service +has terminated for reaching the age of retirement , pursuant to Federal Law No. (7) of +1999, on Pensions and S ocial Insurances, as amended, and Federal Decree -Law No. +(57) of 2023, on Pensions and Social Insurances, a cash or in-kind reward ; provided +that the value of the reward does not exceed (AED 50,000) fifty thousand dirhams, +except for employees whose service has terminated by retirement and who are paid +financial rewards under any other incentive policies or programs. +9. The Federal Entity may submit proposals to add extra categories or types of rewards +by submitting them as a recommendation to the Federal Authority for Government +Human Resources for consideration and decision, and then be submitted by FAHR for +approval by the Cabinet. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (42) of 2024 Concerning the Rewards and Incentives Scheme for Federal Government Employees,"Article (6) +Categories of Rewards and Incentives +The Employee, work team members or participant from outside the Federal Entity may be +granted one of the following Rewards and Incentives : +1. Annual Performance Bonus: Associated with the results of the annual performance +management system and the levels of competency and productivity, and shall be +granted as set out in Annex (1) hereunder. +2. Bonus for Outstanding Achievements : It includes categories to be honored for +value -added ac hiev ements at the level of the Federal Entity (beyond the job duties and +responsibilities), and shall be granted as set out in Annex (1) hereunder, including the +following categories: +a. Exceptional Teams : It is granted to team members who have successfully +achieved projects or exceptional achievements with a ta ngible positive effect , Cabinet Resolution of 20 24 Concerning the Rewards and Incentives Scheme for Federal Government +Employees 5 + whether such projects or achievements of the work team are at the Government +level or at the Federal Entity ’s level. +b. Achievement Makers : It is granted to Employees who demonstrate outstanding +or extraordinary efforts in implementing functions that suppo rt government +orientations or the Entity ’s stra tegy, raising the Entity ’s efficiency or improving the +services provided to relevant categories . +c. Innovation Pioneers : It is granted to E mployees or work team members who +introduce creative ideas, in accordance with the standards of the proposal system +ado pted by the Federal Entity ; provided that the introduced innovations +contribute to achieving tangible results in developing government operations and +services, improving levels of performance, productivity and effectiveness, realizing +additional revenues, reducing the Entity ’s expe nses, designing initiatives that have +an effect on the Entity or the G overnment or other priorities set by the Entity . +d. Top Competitors : It is granted to Employees or work team members who won or +took fi rst ranks of competitions at the Federal Entity , in accordance with the +mechanisms adopted for competitions or awards. +e. Immediate H onor ing: Immediate recognition given to E mployees, upon +nomination by the Direct Superior, for their valuable contribution to the Entity ’s +area of work, or for taking initiative to efficiently and effectively implement or +achieve an achievement beyond the scope of job duties . +3. Reward for Impressive Patriotic Accomplishments : It includes categories honored +for rooting the values of national identity and consolidating the State’s reputation and +enhancing its competitiveness and global leadership. I t is granted in accordance with +Annex (1) hereunder, including the following categories: +a. Patriotic Accomplishment : It is granted to employees or work team members +who enhanced the UAE’s reputation worldwide through their notable +contributio n to making a tangible positive effect on the State’s position worldwide , +achieving advanced results for the State in international competitiveness report s, +enhancing the values and culture of the UAE worldwide , obtaining international +recognition, winning elections or voting for chair ing inter national committees or Cabinet Resolution of 20 24 Concerning the Rewards and Incentives Scheme for Federal Government +Employees 6 + winning regio nal or international competitions and othe r relevant fields as +determined by the Entity . +b. Social Accomplishments : It is granted to Employees or work team members who +have contribut ions or voluntary work that have a positive effect on the society or +environment. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (42) of 2024 Concerning the Rewards and Incentives Scheme for Federal Government Employees,"Article (7) +Functions and Responsibilities +By virtue of a resolution of the Chairman of the Federal Entity , a Rewards and Incentives +Committee shall be formed in each Federal Entity , under the chairmanship of the +Undersecretary or the Director -General or the li ke, and comprising members of the Entity , +and a rapporteur for the C ommittee, in order to implement the provisions of this +Resolution in accordance with the following functions and responsibilities: +The Entity Functions & Responsibilities +The Chairman or his +delegate 1. Approving annual budgets of the Rewards and +Incentives Scheme , in accordance with the +mechanisms and procedures approved by the Federal +Government. +2. Approving lists o f Employ ees who are entitled to +rewards , and the value of rewards and incenti ves for +each one . +The Rewards and +Incentives Committee 1. Reviewing the annual budget of the Scheme at the +level of the Federal Entity , and proposing funds +required to be allo cated within the budget of the +Federal Entity . +2. Complyi ng and following the procedures set out in the +framework of governance and procedure s for +granting rewards and incentives, as set out in this +Resolution, attached as Annex (2) hereunder. Cabinet Resolution of 20 24 Concerning the Rewards and Incentives Scheme for Federal Government +Employees 7 + 3. Examining applications, approving the list of +Employees and the values of rewards and submit ting +them to the C hairman of the Entity or his delegate fo r +approval, taking into account that the maximum total +value of all categories of rewards , includi ng the annual +performance bonus, that an employee can obtain a +year under the provisions of this Resolution, an +amount of (AED 100,000) one hundred thousand +dirhams. +4. Submitting meeting minutes of the Committee and +having the same approved by the chairman of the +Committee. +5. Drawing up regular reports on the results of app lying +the Rewards and Incentives Scheme to the Federal +Entity . +The HR Department 1. Reviewing nomination applications in accordance +with the standards and conditions set out in this +Resolution, making any comments on the same and +submit ting them to the C ommittee for consideration, +taking into account that the maximum total value of +all categories of rewards , including the annual +performance bonus, which an employee can obtain a +year under the provisions of this Resolution, an +amount of (AED 100,000) one hundred thousand +dirhams. +2. Coordinating with the depar tment of finance to +ensure that the necessary f inancial allocations are +available before submitting any requ ests or +recommendations to the C ommittee. Cabinet Resolution of 20 24 Concerning the Rewards and Incentives Scheme for Federal Government +Employees 8 + 3. Regular review of the Entity’s mechanisms for +granting rewards and incentives, and evaluating the +effectiveness of implementing the Scheme . +4. Maintaining all recor ds and documents (decisions of +payment of rewards ) related to the nominations and +the justifications of each one . +The Department of +Finance 1. Ensuring the availability of fina ncial allocations +necessary for paying out rewards and incentives, in +accordance with the approved Federal Entity ’s budget. +2. Paying out rewards and giving in -kind rewards upon +the issued resolutions and the approved financial +allocations. +3. Making sure that the maximum total value of all +categories of rewards , including the annual +performance bonus, that an employee can obtain a +year under the provisions of this Resolution, an +amount of (AED 100,000) one hundred thousand +dirhams. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (42) of 2024 Concerning the Rewards and Incentives Scheme for Federal Government Employees,"Article (8) +Submission of Annual Reports on the Scheme Application Results +The Rewards and Incentives Committee of the Federal Entities shall submit repo rts, per +annum or upon request, to the Federal Authority fo r Government Human Resources on +the results of implementing the Rewards and Incentives Scheme at the level of the Federal +Entity . The reports shall include clear information on Employees and work teams and their +members who benefit from this Resolution, in accordance with the categories and +conditions set forth therein, along with the significant observations and justifications +supporting the same. + + Cabinet Resolution of 20 24 Concerning the Rewards and Incentives Scheme for Federal Government +Employees 9 + " +"labour, residency and leberal professions",Cabinet Resolution No. (42) of 2024 Concerning the Rewards and Incentives Scheme for Federal Government Employees,"Article (9) +Repeals +Cabinet Resolution No. (18) of 2015, on the Regulations for Granting Rewa rds and +Incentives for Empl oyees of the Federal Government, and any provision that conflicts +with, or repugnant to the provisions of this Resolution , shall hereby be repealed. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (42) of 2024 Concerning the Rewards and Incentives Scheme for Federal Government Employees,"Article (10) +This Resolution shall be published in the Official Gazette, and shall enter into force as of +the day following the date of its issuance + + + + + +Mohammed bin Rashid Al Maktoum +Prime Minister + +Issued by Us: +Dated: 6th Shawwal 1445 AH +Corresponding to: 15th April 2024 AD + Cabinet Resolution of 20 24 Concerning the Rewards and Incentives Scheme for Federal Government +Employees 10 + Annex (1) to Cabinet Resolution No. (42) of 2024 +Concerning the Rewards and Incentives Scheme for Federal Government +Employees + +First: Annual Performance Bonuses: +Bonus Name Annual Bonus +Description The Federal Entity may grant an annual bonus to E mployees who +have distinguished themselves in achieving the targets and +function s assigned to them in accordance with th e performance +management system, and who have scored (3) or higher or the +equivalent grade in the performance appraisal , in accordance +with the allocated budget of the Entity for such bonus . +Bonus Value • Performance appraisal (5) or the equivalent – up to 200% of +the total salary. +• Performance appraisal ( 4) or the equivalent – up to 150 % of +the total salary. +• Performance appraisal (3) or the equivalent – up to 100% of +the total salary. +Provided that the maximum total value of all categories of +bon uses (all types of rewards, including bonuses, in -kind rewards +and the annual performance bonus) , which can be granted to the +Employee under the provisions of this Resolution, an amount of +(AED 100,000) one hundred thousand dirhams. +Conditions & +Controls 1. The Employee must have completed at least one year of +service at the Federal Entity . +2. The E mployee must be on duty from 1st January to 31st +December. +3. The Employee must have efficiently and effectively achieved +his job targets according to the performance management Cabinet Resolution of 20 24 Concerning the Rewards and Incentives Scheme for Federal Government +Employees 11 + syste m, and must have scored (3) or higher or the equivalent +grade , which make s the E mployee eligible for the annual +bonus , subject to the approval of the Chairman of the Entity +and the b udget allocated for such bonus. +4. The C hairman of the Entity may add other standards or +requirements for granting the annual performa nce bonus, as +required by the interest of work. +5. The total salary includes the bas ic salary, b onuses, allowances +set forth in the ap proved grading and salary scale, and does +not include n on-recurring financial elements, i.e. housing +allowance , travel allowance , assignment allowance … etc.. +6. If the E mployee’s service terminates before 31st March, the +Employee sha ll not be entitled to an annual bonus. +Frequency To be granted o ne time and may not be recurred in one year. +Beneficiaries Employees of the Entity who are governed by the performance +management system of the Federal Entity . + + Cabinet Resolution of 20 24 Concerning the Rewards and Incentives Scheme for Federal Government +Employees 12 + Second: Bonuses for Outstanding Achievements : +Category/Bonus +Name Exceptional Teams +Description It is granted to work team members who have successfully +achieved projects or exceptional achievements with a tangible +positive effect , whether such projects or achievements of the +work team are at the Government level or at the Federal Entity ’s +level. +Bonus Value Up to (AED 20,000) twenty thousand dirhams for each team +member. +Conditions & +Controls The E mployee must have completed at least one year of service +at the Federal Entity . +Frequency To be granted o ne time, and may be grante d up to (3) three +times a year; provided that the bonus amount does not exceed +(AED 60,000 ) sixty thousand dirhams a year for each team +member. +Beneficiaries Team members. + +Category/Bonus +Name Achievement Makers +Description It is granted to E mployees who demonstrate outstanding or +extraordinary efforts in implementing tasks that support +government orientations or the Entity ’s stra tegy, raising the +Entity ’s efficiency or improving the services provided to +relevant categories. +Bonus Value Up to (AED 10,000 ) ten thousand dirhams. +Conditions & +Controls The E mployee must have completed at least one year of service +at the Federal Entity . +Frequency To be granted one time for each achievement , and may be +grante d up to (3) three times a year, provided that the bonus Cabinet Resolution of 20 24 Concerning the Rewards and Incentives Scheme for Federal Government +Employees 13 + amount does not exceed (AED 30,000) thirty thousand +dirhams a year. +Beneficiaries The Employee. + +Category/Bonus +Name Innovation Pioneers +Description It is granted to E mplo yees or work team members who +introduce creative ideas, in accordance wit h the standards of +the proposal system adopted by the Federal Entity ; provided +that the introduced innovations contribute to achieving +tangible results in developing government operations and +services, improving levels of performance, productivity and +effectiveness, realizing extra revenues, reducing the Entity ’s +expenses, designing initiatives that have an effect on the Entity +or the government or other priorities as set by the Entity . +Bonus Value Up to (AED 7,000) seven thousand dirhams. +Conditions & +Controls The innovation must be docum ented in the regulations of the +Federal Entity and the application thereof must be approved. +Frequency To be granted one time for each proposal/innovation , and may +be grante d up to (3) three times a year; provided that the bonus +amount for each E mployee/ member does not exceed (AED +21,000) twenty one thousand dirhams a year. +Beneficiaries The Employee or team members. + +Category/Bonus +Name Top Competitors +Description It is granted to E mployees or work team members who won or +took first ranks in competitions at the Federal Entity , in +accordance with the mechanisms approved for competitions +or awards. Cabinet Resolution of 20 24 Concerning the Rewards and Incentives Scheme for Federal Government +Employees 14 + Bonus Value Up to (AED 10,000) ten thousand dirhams, or per each team +member. +Conditions & +Controls 1. The competition (competitions or awards) must have clear +mechanisms and standards. +2. The winner must have fulfilled all terms and conditions of +the competition. +Frequency To be granted one time for the same achievement, and may be +grante d up to (3) three times a year; provided that the bonus +amount for each E mployee/member does not exceed (AED +30,000) thirty thousand dirhams a year. +Beneficiaries The Employee or team members. + +Category/Bonus +Name Immediate Honoring +Description Immediate recognition given to E mployees, upon nomination +by the Direct S uperior , for their valuable contribution to the +Entity ’s area of work, or for taking initiative to implement or +efficiently and effectively achieve an achievement beyond the +scope of job duties. +Bonus Value A bonus or i n-kind reward up to (AED 1,000) for the E mployee. +Conditions & +Controls 1. The E mployee may not be granted the bonus/reward for +more than one time in the same month. +2. The C ommittee shall set the c ontrols for granting such +bonus and shall so notify officials of the Entity . +3. When the Direct Superior desires to grant a bonus, he is +required to send an application and show the justi fications +to the HR department, and the depa rtment of finance shall +pay out the bonus according to the approved mechanisms +and controls after being approved by the undersecretary or +his delegate. Cabinet Resolution of 20 24 Concerning the Rewards and Incentives Scheme for Federal Government +Employees 15 + 4. Departments of fi nance are required to reflect the controls +as per the mechanisms approved in the financial +procedures. +Frequency To be granted one time for the same achievement , and may be +grante d up to (3) three times a year; provided that the bonus +amount per E mployee does not exceed (AED 3,000) three +thousand dirhams a year. +Beneficiaries Employees of , or below the fifth job grade or the equivalent. + +Third: Bonuses for Impressive Patriotic Accomplishments: +Category/Bonus +Name Patriotic Accomplishment +Description It is granted to Employees or work team members who +enhanced the UAE’s reputation worldwide through their +notable contribution s to making a tangible positive effect on +the State’s position worldwide, achieving advanced results for +the State in an international competitiveness report, enhancing +the values and culture of the UAE worldwide, obtaining +international recognition, winn ing elections or voting for +chairing international committees, or winning regional or +international competitions and other relevant fields +determined by the Entity . +Bonus Value Up to (AED 20,00 0) twenty thousand dirhams per E mployee or +working team memb er. +Conditions & +Controls The E mployee or teams must have the documents and +evidence that support the nomination. +Frequency To be granted one time, and may be grante d up to (3) three +times a year; provided that the bonus amount per +Employee/member does not exceed (AED 60,000 ) sixty +thousand dirhams a year. Cabinet Resolution of 20 24 Concerning the Rewards and Incentives Scheme for Federal Government +Employees 16 + Beneficiaries Employees or team members. + +Category/Bonus +Name Social Accomplishment +Description It is granted to Employees or work team members who have +contributions or voluntary work that have a positive effect on +the society or environment, including without limitation: +• Self -initiative to volunteer in serving the society; +• Making contributions t hat enhance the quality of life; and +• Making a positive change and influencing the society. +Bonus Value Up to (AED 3,000) three thousand dirhams per E mployee or +team member. +Conditions & +Controls 1. The E mployee must have completed at least one year of +service at the Federal Entity ; +2. The Employee or work teams must have the documents +proving hours or certificates of voluntarism; and +3. The Employee must have contributed to voluntary or social +activities beyo nd the scope of duties at the Entity . +Frequency To be granted one time, and may be granted up to (3) three +times a year; provided that the bonus amount per +Employee/member does not exceed (AED 9,000) nine +thousand dirhams a year. +Beneficiaries The E mployee or team members. + + Cabinet Resolution of 20 24 Concerning the Rewards and Incentives Scheme for Federal Government +Employees 17 + Annex (2) to Cabinet Resolution No. (42) of 2024 +on the Rewards and Incentives Scheme for +Federal Government Employee + +Governance Framework and Procedures for Granting Rewards and Incentives at Federal Entities + + + + + +Nomination +The nomination for any type of bonuses/ rewards may be made to the Employee or work teams direc tly by self- +nomination, Direct Superior or colleagues at the Federal Entity . An exception to the above is the annual bonus, which is +based on the Employee’s performance appraisal according to the performance management system of the Entity . All +nominations shall be submitted to the HR department of the Entity . +Submitting Supporting Documents +A nominee for a bonus shall submit such data that supports his nomination, in accordance with the criteria described for +each category in Annex (1), attached herewith, including quantitative and qualitative indicators that support the +description of each category. +Budgetary Check +The Rewards and Incentives Committee of the Entity must ensure the availa bility of budgets allocated for paying out +bonuses, in coordination with the finance department and in accordance with the appropriations approved for the Entity . +Data Validation +The Rewards and Incentives Committee shall verify all nominations received for the honor ing category, in accordance +with the Rewards and Incentives Scheme , and shall verify the supporting evidence and da ta provided by the nominees +and verify their authenticity, i n coordination with the HR dep artment. +Evaluation & Selection +Based on the data validation results, the Rewards and Incentives Committee shall select nominees accordin g to the +standards, conditions and controls for each category, and shall document them in the decisions of paying out allocations, +and shall submit the lists /decisions to the Chairman of the Entity or his delegate for approval. Nomination +Submitting +Supporting +Documents +Budgetary +Check Data +Validation Evaluation +& Selection Honoring Cabinet Resolution of 20 24 Concerning the Rewards and Incentives Scheme for Federal Government +Employees 18 + Honoring +The HR department shall coordinate with the department of finance to pay out the amount s, then, a list of E mployees or +teams whose bonuses have been approved shall be announced, as per the announcement mechanism s adopted by each +Entity . + " +"labour, residency and leberal professions",Cabinet Resolution No. (18) of 2022 Concerning the Classification of Private Sector Establishments Subject to the Provisions of the Law Regulating Labour Relations,"Article (1) +Classification Categories of Establishments +The establishments subject to the provisio ns of Federal Decree -Law No. (33) of 2021, referred to, +shall be classified into three categories: +1. First category. +2. Second category. +3. Third category. Cabinet Resolution of 20 22 Concerning the Classificat ion of Private Sector Establishments Subject to the Provisions of +the Law Regulating Labour Relations 2 + " +"labour, residency and leberal professions",Cabinet Resolution No. (18) of 2022 Concerning the Classification of Private Sector Establishments Subject to the Provisions of the Law Regulating Labour Relations,"Article (2) +First Category +Establishments shall be classified within the first category, provided that they comply with all +procedures related to the aforementioned Federal Decree -Law No. (33) of 2021, executive +regulations thereof and all resolutions issued by the Ministry of Human Resources and +Emiratisation regarding Work permits and contracts for citizens a nd the wage protection system, +at a rate of 100%, in addition to meeting one of the following criteria: +1. Raise its Emiratisation rates annually in accordance with the resolutions of the Council of +Ministers at a rate not less than 3 times the target. +2. Cooper ating with the Emirati Talent Competitiveness Council (Nafis) in terms of hiring and +training Emirati citizens, with a number of no less than 500 citizens per year. +3. To categorize the projects of young citizens, small and medium, at the local or federal lev el, or +of an innovative nature . +4. To be among the training and employment centres that support the implementation of the +workforce planning policy by promoting cultural and demographic diversity in the labour +market in the country. +5. To be within the targeted economic sectors and activities as determined by the Council of +Ministers based on the proposal of the Minister of Human Resources and Emiratisation. +6. To be among the establishments affiliated with the Higher Corp for Specialized Economic +Zones (Zone Corp). + +" +"labour, residency and leberal professions",Cabinet Resolution No. (18) of 2022 Concerning the Classification of Private Sector Establishments Subject to the Provisions of the Law Regulating Labour Relations,"Article (3) +Second Category +Establishments shall be classified in the second category, provided that they comply with all +procedures related to the aforementioned Federal Decree -Law No. (33) of 2021, executive +regulations thereof, and all resolutions iss ued by the Ministry of Human Resources and +Emiratisation regarding work permits and contracts for citizens and non -citizens and the wage +protection system, in addition to the commitment to the workforce planning policy by promoting +cultural and demographic diversity in the labour market in the approved country. + Cabinet Resolution of 20 22 Concerning the Classificat ion of Private Sector Establishments Subject to the Provisions of +the Law Regulating Labour Relations 3 + " +"labour, residency and leberal professions",Cabinet Resolution No. (18) of 2022 Concerning the Classification of Private Sector Establishments Subject to the Provisions of the Law Regulating Labour Relations,"Article (4) +Third category +Establishments shall be classified within the third category, according to the following criteria: +1. All establishments that are not committed to the policy of manpower plan ning by promoting +cultural and demographic diversity in the labour market in the approved country. +2. Establishments that the Ministry has proven to have violated the provisions contained in the +aforementioned Federal Decree -Law No. (33) of 2021 or executive regulations thereof or +ministerial resolutions issued in implementation of them and in the manner issued by a +resolution of the Minister of Human Resources and Emiratisation. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (18) of 2022 Concerning the Classification of Private Sector Establishments Subject to the Provisions of the Law Regulating Labour Relations,"Article (5) +Transitional Period +As an exception to the provisions of article (3) regarding commitment to the policy of manpower +planning by promoting cultural and demographic diversity in the labour market in the approved +country, establishments that have 50 or more workers shall be classified in the transitional period, +and the Minis try, in coordination with the Ministry of Finance, determines the time frame for the +end of the period transitional. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (18) of 2022 Concerning the Classification of Private Sector Establishments Subject to the Provisions of the Law Regulating Labour Relations,"Article (6) +Transferring Facilities from One Category to Another +The Ministry of Human Resources and Emiratisation may transfer the facili ty from one category +to another based on its fulfilment of the criteria and controls of the category to which it will be +transferred and stipulated in this resolution. + Cabinet Resolution of 20 22 Concerning the Classificat ion of Private Sector Establishments Subject to the Provisions of +the Law Regulating Labour Relations 4 + " +"labour, residency and leberal professions",Cabinet Resolution No. (18) of 2022 Concerning the Classification of Private Sector Establishments Subject to the Provisions of the Law Regulating Labour Relations,"Article (7) +Classification of New Establishments +New establishments, regardless of the size of the establishment, shall be classified within the +second category provided that they adhere to the policy of manpower planning by promoting +cultural and demographic diversity in the labour market in the approved country when issuing +work permits. The third category shall be classified if any of the criteria set out in article (4) of this +Resolution are met. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (18) of 2022 Concerning the Classification of Private Sector Establishments Subject to the Provisions of the Law Regulating Labour Relations,"Article (8) +Protection of Labour Rights +1. The establishments subject to Federal Decree -Law No. (33) of 2021, referred to, shall be +obligated to pay a bank guarantee of (3000) Dirhams for each worker or insurance for each +worker, in accordance with the mechanisms approved by the Ministry of Human Resources +and Emiratisation. +2. As an exception to Clause (1) of this article, establishments that are cla ssified by the Ministry +of Human Resources and Emiratisation as high -risk shall be obligated to ensure each worker +in accordance with the mechanisms approved by the Ministry. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (18) of 2022 Concerning the Classification of Private Sector Establishments Subject to the Provisions of the Law Regulating Labour Relations,"Article (9) +Executive Resolutions +The Minister of Human Resources and Emiratisat ion shall issue the necessary resolutions to +implement this Resolution. + +" +"labour, residency and leberal professions",Cabinet Resolution No. (18) of 2022 Concerning the Classification of Private Sector Establishments Subject to the Provisions of the Law Regulating Labour Relations,"Article (10) +Repeals +Cabinet Resolution No. (26) of 2010 Concerning th e Classification System for Establishments +Subject to the Law on Regulating Labour Relations and Bank Guarantees Established thereon, and +amendments thereof , shall be repealed, and any provision that contradicts or contravenes with +the provisions of this resolution shall also be repealed. + Cabinet Resolution of 20 22 Concerning the Classificat ion of Private Sector Establishments Subject to the Provisions of +the Law Regulating Labour Relations 5 + " +"labour, residency and leberal professions",Cabinet Resolution No. (18) of 2022 Concerning the Classification of Private Sector Establishments Subject to the Provisions of the Law Regulating Labour Relations,"Article (11) +Publication and Enforcement +This Resolution shall be published in the Official Gazette and shall come into force as of June 01, +2022. + + + + + + + + + + + + + + + + + + +Mohammed bin Rashid Al Maktoum +Prime Minister + +Issued by Us: +On: 11 Shaban 1443 A.H. +Corresponding to: 14 March 2022 AD + " +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (1) Definitions +For the purposes of applying the provisions of the Present Decree -Law, the following words +and expressions shall bear the meanings assigned thereto respectively, unless the context +requires otherwise: + The State (UAE ): + The United Arab Emirates. + The Ministry: + The Ministry of Justice. + The Minister: + The Minister of Justice. + The Competent +Licensing +Authority: + The local authority competent to issue professional licenses for +experts and expert firms. + + The Competent +Judicial +Authority: + Courts and the Public Prosecution. + + The Competent +Court of Appeal : + The court of appeal determined by virtue of a resolution of the +Minister. +Federal Decree by Law of 2022 Regulating the Profession of Experts 3 + The Committee: + The Experts' Affairs Committee formed under article (21) of the +present Decree -Law. + The Board: + The Experts and Expert Firms Disciplinary Board established +under article (24) of the present Decree -Law. + The Competent +Department: + The organizational unit concerned with experts' affairs at the +Ministry. + Profession of +Experts: + A te chnical work practiced, based on the assignment of the +Competent Judicial Authority or the litigants' agreement, as the +case may be, by experts to submit their technical or scientific +reports to the Competent Judicial Authority as per the areas of +their sp ecialties. + The Roster: + The Roster of Experts and Expert Firms at the Ministry. + Expert Services: + A specialized work practiced, based on the assignment of the +Competent Judicial Authority or the litigants' agreement, as the +case may be, by the Expert t o express a verbal or written technical +opinion in any case or incident assigned thereto. + Expert: + A natural person licensed to practice the profession of experts, +whether he is appointed in the Ministry or registered in the +Roster. + Expert Firm: + A legal person licensed to practice the Profession of Experts in the +State and registered in the Roster, including local and +international expert firms. +Federal Decree by Law of 2022 Regulating the Profession of Experts 4 + Technical +Inspector: + An expert with relevant knowledge and experience who is +appointed in the Compet ent Department and who performs +technical audit and inspection of the Expert Services and follows +up on their reports and technical competent in the actions +assigned thereto. + The Code of +Conduct: + A set of professional, ethical and behavioral norms and r ules +which the Expert and Expert Firms shall adhere to when +performing the expert Services. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (2) Objectives of the Law +The present Decree -Law aims at achieving the following: +1. Regulating the Expert Services before the judicial authorities; +2. Providing the judicial authorities with qualified Experts, in a way that helps ensure +the accuracy of court decisions and judgments delivered by them; +3. Developing the Expert Services and improving the efficiency of Experts, with a view +to expediting judi cial procedures; and +4. Boosting confidence in those who perform the Expert Services within specific +professional, ethical and behavioral norms. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (3) Applicability +The provisions of the present Decree -Law shall apply to any person who performs the +Expert Services before the judicial authorities in the State, with the exception of the local +judicial authorities and arbitration centers which regulate the Profession of Experts before +them under their local legislation. +Federal Decree by Law of 2022 Regulating the Profession of Experts 5 + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (4) Practice of the Pr ofession of Experts +1. Any expert or expert firms not registered in the Roster may not practice the Profession of +Experts before the judicial authorities in the State. +2. Notwithstanding the provision of Clause (1) of this article, the litigants may agree to +assign an Expert or Expert Firm who is not registered in the Roaster to prepare a report +on the dispute pending before the Competent Judicial Authority or on part thereof, +provided that the Competent Judicial Authority approves their agreement. The judi cial +authority may seek assistance of unregistered experts or expert firms. +3. The Executive Regulations of the present Decree -Law shall set the controls for seeking +assistance of unregistered Experts or Expert Firms, referred to in Clause (2) of this Arti cle. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (5) The Roster of Experts and Expert Firms +1. There shall be created, at the Ministry, a Roster for registering Experts and Expert Firms +in the specialties for which they are registered. Each Expert shall have a file in which +anything related to the affairs related to the practice of the profession shall be recorded. +2. All information about Experts and Expert Firms determined by the Executive Regulations +of the present Decree -Law and a ny update thereto shall be recorded in the Roster. +3. By virtue of a resolution of the Minister, the classification, categories and specialties of +Experts and the controls and requirements for determining the technical specialties +whereby Experts are lic ensed, depending on the needs of the competent judicial +authorities. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (6) Conditions of Registration of the Expert in the Roster +Federal Decree by Law of 2022 Regulating the Profession of Experts 6 + In order for an Expert to be registered in the Roster, the following conditions shall be +fulfilled: +1. He shall be ful ly competent and medically fit. +2. He shall be of good conduct and good reputation, and shall have never been +convicted of a felony or a crime involving moral turpitude or dishonesty, if he had +been rehabilitated. +3. He shall have a university degree from one of the universities or higher institutes +accredited in the State in the area of specialization for which his registration is +required. +4. His practical experience in the area of experience for which registration is required +shall not be less than five (5) years for nationals and fifteen (15) years for +non -nationals. +5. The number of areas of specialization for which his registration in the R oster is +required shall not exceed two areas in the same business sector. +6. He shall have the approval of the entity he works for or the holder of a valid +commercial license in the same specialization for which his registration is required or +shall work b y such license. +7. He shall attend the training courses designated for Experts and organized or +determined by the Ministry, in accordance with the training plan approved thereby +in this regard. +8. He shall pass the examinations determined by the Ministry. +9. He provide a valid professional liability insurance policy issued by one of the +insurance companies licensed to operate in the State, unless the Expert's liability is +covered by an insurance policy of the Expert Firm for which he works, in accordance +with the controls set by the Minister. +Federal Decree by Law of 2022 Regulating the Profession of Experts 7 + 10. He shall have never been struck off the Roster, in implementation of a decision by +the Board or the Competent Court of Appeal, unless three (3) years has been elapsed +since the issuance of the decision or judgment. +11. He shall pay the prescribed fees. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (7) Conditions of Registration of Expert Firms in the Roster +In order for an Expert Firm to be registered in the Roster, the following conditions shall be +fulfilled: +1. As for local Expert Firms: +a. It shall be licensed to operate in the State by the Competent Licensing Authority, and +its license shall be valid. +b. Its supervising manager shall be an Expert registered in the Roster. +c. The number of Experts in the local Expert Firm shall not be less than four (4) Experts, +provided that they are registered in the Roster. +d. The number of areas of specialization for which its registration in the Roster is +required shall not exceed four areas of specialization. +e. It shall provide a valid professional liability insurance policy for the benefit of the +Ministry throughout the duration of the registration. Such insurance policy shall be +issued by one of the insurance companies licensed to operate in the State, in +accor dance with the controls set by the Minister. +f. It shall pay the prescribed fees. +2. As for international Expert Firms: +a. It shall be licensed to operate in the State by the Competent Licensing Authority, and +its license shall be valid. +Federal Decree by Law of 2022 Regulating the Profession of Experts 8 + b. Its provide a v alid license of the main branch outside the State, in addition to +providing valid licenses of at least two branches thereof in different states. +c. Its practical experience in the area of specialization for which registration is required +shall not be less than ten (10) years. +d. Its supervising manager shall be an Expert registered in the Roster. +e. The number of Experts in the international Expert Firm shall not be less than five (5) +Experts, who shall be residents in the State and qualified, provided that their +documents and resumes which meet the conditions are submitted to the Committee +for approval of the area of experience required. +f. The number of areas of specialization for which its registration in the Roster is +required shall not exceed five areas of specialization. +g. It shall provide a valid professional liability insurance policy issued by one of the +insurance companies licensed to operate in the State, in accordance with the controls +set by the Minister. +h. It shall pay the prescribed fees. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (8) Exemption from Certain Conditions of Registration in the Roster +The Committee may exempt some natural persons or Expert Firms from certain conditions +of registration in the Roster, set forth in articles (6) and (7) of the present Decree -Law, in any +of the following two cases: +1. Licensing employees of the government agencies; +2. Any Expert who has been registered in the Roster prior to the entry into force of the +present Decree -Law, in the event that the Committee finds that he has the necessary +competency and experience through reviewing his record and the number of expert +servic es which have been assigned to him and he has accomplished. +Federal Decree by Law of 2022 Regulating the Profession of Experts 9 + 3. Persons with scarce expertise, in cases where there are no similar Experts registered +in the Roster, or their number is insufficient. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (9) Procedures for Registration in the Roster +1. The Committee shall examine the application for registration in the Roster in accordance +with the conditions and controls set by the Executive Regulations of the present +Decree -Law. +2. The Committee shall decide on the application within sixty (60) days fr om the date of +submission and notify the applicant of the decision within ten (10) working days. Any +Expert whose application has been rejected may challenge the decision issued by the +Committee before the competent court within thirty (30) days from the d ate of being +notified thereof or the lapse of the period for decision on the application without reply. +The judgment rendered in this regard shall be final. +3. Any Expert whose application has been rejected may submit a new application after no +less than s ix (6) months from the date of rejection of the application for registration. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (10) Term of Registration in the Roster +1. The term of registration of the Expert and Expert Firm in Roster shall be three (3) +renewable years, provided that the rene wal application is submitted at least thirty (30) +days prior to its expiration date in accordance with the same conditions of registration +for the first time. +2. No new tasks shall be assigned to the Expert or Expert Firm from the expiration date of +thei r respective registration until the renewal thereof. +3. Failure to submit an application for renewal of registration after ninety (90) days from its +expiration date shall entail striking off the Roster. +Federal Decree by Law of 2022 Regulating the Profession of Experts 10 + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (11) Taking Legal Oath +1. No Expert shall perform the Expert Services before taking the legal oath. +2. The Expert shall take the legal oath after being registered in the Roster before a circuit of +the Competent Court of Appeal. The legal oath shall be read as follows: +3. ""I swear by Almighty God that I will perform the duties of my profession +accurately, honestly and sincerely and in such a manner that preserves its dignity +and honor and I will respect the principles and traditions of the profession."" There +shall be drawn u p an oath record which shall be kept on the file of the Expert with the +Competent Department. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (12) Practicing the Profession of Experts through a Licensed Expert +Firm +The Expert shall practice the Profession of Experts through a licensed Expert F irm in the area +of his specialization to perform the Expert Services in accordance with the conditions and +controls set by the Executive Regulations of the present Decree -Law, with the exception of +the Expert who is a public official. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (13) Ceasin g to Practice the Profession of Experts +1. The Expert or the Expert Firm, as the case may be, may cease to practice the Profession of +Experts if there is an impediment to the practice of the profession, provided that the +Competent Department is notified of cessation to practice the profession as determined +by the Executive Regulations of the present Decree -Law. +2. The period of cessation to practice the Profession of Experts shall be counted in the term +Federal Decree by Law of 2022 Regulating the Profession of Experts 11 + of registration in the Roster. He may apply for re -practicing the same when such +impediment is removed, provided that the conditions of practicing the profession and +validity of his registration. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (14) Obligations of Experts +Upon practicing the Profession of Experts, the Expert shall abide by the following: +1. Carrying out the Expert Services accurately, honestly and sincerely and in such a +manner that preser ves its dignity and honor and respecting the principles and +traditions of the profession in accordance with the Code of Conduct; +2. Performing the task assigned thereto on his own. The Expert and Expert Firm may +seek assistance of any experts working there with in performing the task assigned +thereto, provided that the same is under his responsibility and supervision; +3. Not disclosing the information to which he has access by virtue of his performance +of the Expert Services; +4. He or any of his relatives up to the fourth degree shall not have any direct or indirect +interest in any work related to the merits of the case in which he provides Expert +Services; +5. If the Expert is a public official, the entity he works for shall not be a party to the +dispute pend ing; +6. He shall not accept to provide the Expert Services in a dispute on which he has +previously been consulted by a party thereto, even if verbally, or the documents of +which has been accessed thereby or on which he has previously issued any Expert's +consulting reports upon referring the matter to courts; +7. Improving and developing his skills in the area of specialization for which he is +Federal Decree by Law of 2022 Regulating the Profession of Experts 12 + licensed, with a minimum of thirty (30) training hours every year or according to the +training plan approved by the M inistry; +8. His name and registration number and the name of the Expert Firm he works for +shall be affixed to all prints, correspondence, certificates and reports signed thereby; +9. Notifying the Ministry of his address and of any change to it and updating his data +with the Ministry within one month from the date of such change; +10. Performing all actions related to the Expert Services and responding to the +competent judicial authorities if he is called for discussion and clarification on the +date scheduled by such authorities; +11. Keeping a special record in which he records the information on the Expert Services +he has accomplished; and +12. Keeping a true copy of the report he has prepared for at least five (5) years, +commending from the date o f filing the report with the competent court or +delivering the same to the party requesting the report. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (15) Cases of the Expert's Withdrawal from Performing the Expert +Services +The Expert shall withdraw from performing the Expert Services assigned thereto in any of +the following cases: +1. If he is a relative or an in -law of any of the litigants up to the fourth degree; +2. If he, his spouse or any of his relatives up to the second degree has outstanding +litigation with any disputant unless such litigation arises after the appointment of the +Expert with the intent of disqualifying him; or +3. In case of occurrence of any of the cases referred to in Clauses (4), (5) and (6) of +article (14) of the present Decree -Law. +Federal Decree by Law of 2022 Regulating the Profession of Experts 13 + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (16) Committee of Experts +1. The Competent Judicial Authority may form a committee consisting of more than one +Expert to jointly work to express their opinion on a pending dispute or action, provided +that the reso lution issued by the Competent Judicial Authority specifies the role and +responsibilities of each Expert. +2. Experts shall jointly record the results in a final report signed by all of them, unless the +resolution provides for otherwise. +3. If one of the Ex perts has an opinion different from the opinion of another Expert in the +Committee of Experts, he may express his own opinion in the final report. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (17) Notification of Criminal Actions +All the competent judicial authorities shall notify the Compe tent Department of the criminal +actions instituted against Experts and Expert Firms and the judgments rendered against any +of them within a period not exceeding five (5) working days from the date of filing the +actions or rendering the judgments, as the ca se may be, with regard to the performance of +the Expert Services or the crimes involving moral turpitude or dishonesty. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (18) Procedures for Assessment of the Expert's Work +1. The Competent Department shall prepare an annual performance report to assess the +Expert's work in accordance with the criteria and forms determined by the Executive +Regulations of the present Decree -Law. +2. The Expert's technical assessment report shall be deposited in his personal file with the +Competent Department after serving a copy thereof on the Expert, and no person other +Federal Decree by Law of 2022 Regulating the Profession of Experts 14 + than the Competent Department, the Expert concerned with the report and the +Commi ttee shall have access to such report. +3. The Competent Department shall deliver the performance report to the Expert within +ten (10) working days from the date of approval of the report by the Competent +Department. The Expert may lodge a complaint in writ ing about the technical +assessment report with the Committee within thirty (30) days from the day following the +date of being notified of the report. +4. The Committee shall issue its decision on the complaint, whether rejecting the same or +amending the res ult of the technical assessment, within thirty (30) days from the date of +lodging the complaint, and the decision issued thereby on the complaint shall be final +and may not be appealed before any entity. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (19) Effects of the Result of the Assessme nt +In the event that the Expert's technical assessment result is average or poor, the Committee +shall take any of the following actions and measures against the Expert as it deems +appropriate, according to the following sequence: +1. Sending a written warni ng to the Expert to address the causes of his poor +performance if he gets such assessment score for the first time; +2. Obligating the Expert to take specialized training courses and pass the tests +determined by the Committee; +3. Suspending the Expert from providing the Expert Services before the competent +judicial authorities for a period not exceeding six (6) months, in the case that he gets +such assessment score after receiving a written warning or after being obligated to +take specialized training course s and passing the tests determined by the Committee; +or +Federal Decree by Law of 2022 Regulating the Profession of Experts 15 + 4. Striking the Expert off the Roster in the case that he repeatedly gets such assessment +score after being suspended from providing the Expert Services. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (20) Cases of Striking the Expert or Expert Firm off the Roster +The Expert and Expert Firm shall be struck off the Roster by virtue of a decision issued by the +Committee in any of the following cases: +1. As for the Expert: +a. If he no longer fulfills any of the conditions of registration; +b. If he becomes unable to perform his work due to his health condition, based on a +report to be issued by a specialized medical committee; +c. If he repeatedly gets an average or poor technical assessment; or +d. At a request submitted by him. +2. As for the E xpert Firm: +a. If it no longer fulfills any of the conditions of registration; +b. If it does not renew its registration within the time limit referred to in article (10) +of the present Decree -Law; or +c. At a request submitted by the legal representative of the Expert Firm. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (21) Establishment and Formation of the Experts' Affairs Committee +1. A committee to be known as the ""Experts' Affairs Committee"" shall be formed under the +present Decree -Law and shall report to the Ministry. +2. The Committee's formation and rules of procedures shall be determined under a +resolution issued by the Minister, provided that the number of its members is not less +than five (5), in addition to two members selected from the Experts appointed at the +Federal Decree by Law of 2022 Regulating the Profession of Experts 16 + Competent Department. The resolution shall designate the chairman and vice -chairman +of the Committee. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (22) Competences of the Experts' Affairs Committee +The Committee shall be competent to: +a. Examine and decide on applications for registration of Experts and Expert Firms in +the Roster and applications for canceling the registration and ceasing to practice the +Profession of Experts submitted by the Expert or Expert Firm, as the case may be, as +determined by the Executive Regulations of the present Decree -Law; +b. Examine complaints related to the Experts and Expert Firms to decide either to +dismiss the complaint or refer the same to the Public Prosecution; +c. Examine the reports submitted thereto on the Exper ts and Expert Firms and take the +necessary action, as determined by the Executive Regulations of the present +Decree -Law; +d. Examine complaints lodged by the Expert about the annual performance assessment +report; and +e. Perform any other competences assigne d thereto under the present Decree -Law and +the resolutions issued hereunder. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (23) Referral of Complaints to the Committee +The Competent Department shall notify the Experts or Expert Firms, as the case may be, of +any complaint lodged against them in order to respond to it within a period not exceeding +fifteen (15) working days from the date of being notified thereof. The complaint, +accompanied by the response of the Expert or Expert Firm and the response of the Technical +Inspector, shall be referre d to the Committee to either decide to dismiss the complaint or +Federal Decree by Law of 2022 Regulating the Profession of Experts 17 + refer the same to the Public Prosecution to institute and initiate the disciplinary action +before the Board. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (24) Establishment and Formation of the Disciplinary Board +1. There shall be established under the present Decree -Law a board to be known as ""the +Experts Disciplinary Board"" which is competent to discipline Experts and Expert Firms. +2. The Minister shall issue a resolution forming the Board and determining its rules of +procedur e. The Board shall be headed by a president of the courts of appeal and formed +of two members selected from the judges thereof and nominated by the Competent +Judicial Authority they work for. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (25) Instituting and Investigating into the Disciplina ry Action +1. The disciplinary action shall be instituted before the Board by the Public Prosecution, by +filing a statement containing the violations and the supporting documents. +2. The Board may conduct the investigations it deems necessary and may assign one of its +members to conduct the same. +3. The Board may temporarily suspend the Expert or Expert Firm from performing their +work until the conclusion of their trial. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (26) Conduct of Trial Proceedings +1. If the Board decides to conduct the trial proceedings for all or some of the violations, it +shall order the Expert or the Director of the Expert Firm, as the case may be, to appear +before it within at least five (5) working days, based on a decision issued by the +chairman of the Board. +Federal Decree by Law of 2022 Regulating the Profession of Experts 18 + 2. The order to appear shall contain an adequate description of the subject matter of the +action and the prosecution evidence. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (27) Hearings of the Board and Appealing its Judgments +1. The Board's hearings shall be held in camera and the Expert or the Director of the Expert +Firm, as the case may be, shall appear in person before the Board and may submit his +defense in writing or seek the assistance of an attorney. +2. If Expert or the Director of the Expert Firm fails to appear, the judgment may be delivered +in absentia after verifying the notification thereof. In such case, The Expert or Expert Firm +shall be notified of the decision within ten (10) days from the date of issuance thereo f. +3. The Public Prosecution and the Expert or Expert Firm may appeal the judgment delivered +by the Board before the Competent Court of Appeal within thirty (30) days from the date +of issuing the decision if issued in presence of the Expert, and from the d ate of notifying +the Expert or the Director of the Expert Firm of the decision if issued in absentia. +4. No Expert or Expert Firm shall be prejudiced by appealing the judgment delivered +against them by the Board. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (28) Judgments Delivered in Disci plinary Actions +The judgment delivered in the disciplinary action shall include the grounds on which it is +based, and such grounds shall be read out upon pronouncing the judgment in a hearing held +in camera. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (29) Disciplinary Penalties +The disciplinary penalties to be imposed on the Expert or Expert Firm shall be as follows: +Federal Decree by Law of 2022 Regulating the Profession of Experts 19 + 1. Reprimand and suspending the assignment of cases for a period of three (3) months; +2. Warning and suspending the assignment of cases for a period of six (6) month s; +3. Suspension of registration for a period of one (1) year; or +4. Finally striking the Expert or Expert Firm off the Roster. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (30) Expert's Fees and Expenses Allowance +1. The Expert and Expert Firm are entitled to receive the fees and expenses allowance +estimated by the Competent Judicial Authority or agreed upon by the litigants, as the +case may be, after completing the Expert Services required, at the request of the Expert or +Expert Firm. They may request to disburse part of the fees at any st age. +2. The Competent Judicial Authority shall take into account, when determining the fees and +expenses allowance, the classification of the Expert and Expert Firm, in addition to the +following controls related to the assigned task: +a. The size and comple xity of the assigned task; +b. The tasks performed thereby, the time taken to complete the same, and their +implementation stages; +c. The extent of his commitment to implement the assigned task, and how he +covers all its elements; +d. The quality of the Expert Services rendered thereby, and the achievement of the +goal for which he has been assigned; +e. The extent of his adherence to the rules of performing the Expert Services; +f. The result of the technical assessment of his performance when accompli shing +the assigned task; and +g. The expenses verified by the Competent Judicial Authority to have been incurred +thereby due to the performance of the necessary and required Expert Services to +Federal Decree by Law of 2022 Regulating the Profession of Experts 20 + accomplish the assigned task, including the cost of preparing th e place of +meeting with the disputants, the travel expenses incurred for inspection, the fees +paid for obtaining any papers, certificates, maps or documents, and the fees paid +to any specialists and technicians hired for tasks that fall outside the scope o f his +specialization. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (31) Fees of Experts and Expert Firms in Criminal Actions +The Competent Judicial Authority shall bear the Expert's fees if it decides to seek his +assistance in criminal actions unless it decides charge the complainant such f ees. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (32) Code of Conduct for Experts and Expert Firms +The Minister shall issue the Code of Conduct for Experts and Expert Firms. Any violation of +any provision thereof shall entail the imposition of any of the disciplinary penalties set forth +in article (29) of the present Decree -Law. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (33) The Penalty for Preventing the Expert from Performing His Work +Any person who hinders the Expert from performing the task assigned thereto shall be +punished by a term of imprisonment of not less than three (3) months and not more than +one (1) year and/or a fine of not less than (AED 10,000) ten thousand dirhams and not more +than (30,000) thirty thousand dirhams. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (34) The Penalty for Impersonating an Expert +Any person who impersonates an exper t and is not registered in the Roster or has been +struck off or suspended and has practiced the Profession of Experts or issued an Expert's +Federal Decree by Law of 2022 Regulating the Profession of Experts 21 + report or a consulting report based on such capacity, in violation of the provisions of the +present Decree -Law, shal l be punished by a term of imprisonment of not less than one (1) +year and/or a fine of not less than (AED 50,000) fifty thousand dirhams and not more than +(300,000) three hundred thousand dirhams. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (35) The Penalty for the Expert's Breach of His O bligations +Any Expert who breaches any of the obligations referred to in Clauses (1), (2), (3), (4), (5) +and (6) of article (14) of the present Decree -Law shall be punished by imprisonment and/o r +a fine of not less than (AED 50,000) fifty thousand dirhams and not more than (100,000) +one hundred thousand dirhams. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (36) Imposition of the Severer Penalty +Imposition of the penalties set forth in the present Decree -Law shall not prejudice the +imposition of any severer penalty set forth in any other law. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (37) Appointment of Experts to Assist Judges +Subject to the provisions of the present Decree -Law, and by virtue of a resolution of the +President of the Federal Judiciary or the presid ent of the local judicial authority, each within +his respective area of competence, one or more local or international experts may be +appointed to assist judges in hearing the actions pending before the court, in accordance +with the controls and procedures set by the Civil Procedure Code. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (38) Appointment of the Technical Inspector and Determination of +Federal Decree by Law of 2022 Regulating the Profession of Experts 22 + His Tasks +1. The Minister may appoint Experts with knowledge and experience at the Ministry to +perform Expert Se rvices in cases of a special nature, audit and technical inspection over +the registered Experts' work and follow up on their reports in the actions assigned +thereto, in cooperation of the Judicial Inspection Department at the Ministry. +2. The Executive R egulations of the present Decree -Law shall set the conditions of +appointment of the Experts referred to in Clause (1) of this article and determine their +tasks and powers and the nature of inspection tasks over the Expert Services assigned to +them. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (39) Capacity of Judicial Officers +Experts appointed in the Competent Department and designated by a resolution of the +Minister shall be deemed judicial officers in respect of detecting the violations of the +provisions of the present Decree -Law, the Exe cutive Regulations hereof and the resolutions +issued hereunder, within their respective areas of competence. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (40) Administrative Penalty Regulations +The Cabinet may issue the administrative penalty regulations, upon the proposal of the +Minister, for the actions performed in violation of the provisions of the present Decree -Law +and the Executive Regulations hereof. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (41) Adjustment of Affairs +Experts and Expert Firms shall adjust their affairs in accordance with the provisions of the +present Decree -Law, the Executive Regulations hereof and the resolutions issued hereunder +Federal Decree by Law of 2022 Regulating the Profession of Experts 23 + within one (1) year from the date of entry into force of the provisions he reof. Such time limit +may be extended for another similar period by virtue of a resolution of the Cabinet. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (42) Fees +The Cabinet shall issue, upon the suggestion of the Minister and the proposal of the Minister +of Finance, a resolution determinin g the fees required for implementing the provisions of +the present Decree -Law. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (43) Executive Regulations +The Cabinet shall issue, upon the proposal of the Minister, the Executive Regulations of the +present Decree -Law within six (6) months from t he date of publishing in the Official +Gazette. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (44) Implementing Resolutions +The Minister shall issue the necessary resolutions to implement the provisions of the present +Decree -Law. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (45) Repeals +1. Federal Law No. (7) of 2012 Regulatin g the Profession of Experts Before Judicial +Authorities is hereby repealed and any provision contradicting or contrary to the +provisions of the present Decree -Law is hereby repealed. +2. The executive regulations and resolutions in force upon enacting the present +Decree -Law shall remain in force, without prejudice to the provisions hereof, until the +Federal Decree by Law of 2022 Regulating the Profession of Experts 24 + issuance of the executive regulations and resolutions thereof. + +" +"labour, residency and leberal professions","Federal Decree by Law No. (21) of 2022, Regulating the Profession of Experts before Judicial Authorities","Article (46) Publishing an d Entry into force of the Decree -Law +The present Decree -Law shall be published in the Official Gazette and shall enter into force +as of 2 January 2023. + + + + + + + + + +Mohammed bin Zayed Al Nahyan +President of the United Arab Emirates + + +Issued at the Presidential Palace – Abu Dhabi +On: 30 Safar 1444 AH; +Corresponding to: 26 September 2022 AD; + " +economy and business,Federal Law No. (15) of 2020 on Consumer Protection,"Article (1) +Definitions +In applying the provisions of this Law, the following words and expressions shall have the +meanings ascribed thereto, unless the context requires otherwise: + State : United Arab Emirates (UAE). + Ministry : Ministry of Economy + Minister : Minister of Economy + Competent +Authority : : The relevant emirate's local competent authority responsible for +applying the provisions of this Law. + Relevant +Authorities + : The federal or local governmental authorities concerned with +supervising and controlling the works of the provider in the sectors +they supervise or control. + Committee : The Supreme Committee for Consumer Protection + Department : The administrative unit concerned with consumer protection +affairs at the Ministry. + Standard +Specifications : Obligatory standard specifications approved by the Emirates +Standardisation and Metrology Authority in the State. + + Consumer + : Any natural or legal person obtaining a commodity or service for or +without a fee to satisfy their own or another person's needs, or +who is dealt with or contracted in this regard. + Provider + : Any legal person who offers a service or manufactures, distributes, +trades in, sells, supplies, exports, imports or plays a part in +producing or trading or storing a commodity in order to provide +Federal Law of 2020 on Consumer Protection 4 + same to the consumer, or who is dealt with or contracted in this +regard. + Advertiser + : Any legal person advertising – by themselves or through a third - +party – a commodity, service or information using different means +of advertising and publicity, whether the advertiser is the provider +themselves or a person licensed to do so. + Commodity + : Any natural substance or industrial, agricultural, animal, +manufactured, intellectual or technological product, including the +primary elements of the substances and the components that go +into the product. + Labelling + : The labels or any written, printed, drawn or engraved information +showing the commodity's components or its maintenance, s torage +or date of expiry. + Price + : The price of the commodity or the service, or the usage fee, as the +case may be. + Service : Everything offered to the consumer whether for or without charge. + Defect + : A lack in the quality, quantity or efficiency or a difference in the +outer appearance, size or components of the commodity or service +resulting from an error in its design, manufacturing, production or +its being supplied to the consumer, leading to their harm or to +preventing them totally o r partially from using it; provided the +defect does not result from an action of the consumer. + Flaw + : Anything that befalls the commodity after its production or to the +service after its provision, which causes harm to the consumer or +prevents them totally or partially from using it; provided the flaw +does not result from a misconduct from an action of the consumer. +Federal Law of 2020 on Consumer Protection 5 + + Commercial +Fraud + : Deceiving the dealer by any means, whether by replacing or +changing the commodity's nature, amount, type, p rice, +fundamental nature, origin, source, validity or any other matter +related thereto, or providing false or misleading commercial data +on the promoted products including defrauding, imitating and +cheating the service by not complying with the existing le gislation +in the State or containing false or misleading data. + Discounts + : Offering to sell the commodity for discounted prices or providing +the services for lower prices during a specified period using +whatever means. + Promotion + : Marketing the commodities or services via a prize draw, or by +distributing gifts or advertising and publicising the commodities or +services through special offers or any other means. + Warranty + : A written or implicit declaration from the provider or the +representative thereof that the commodity or the service of the +warranty is free from defects or flaws and complies with the +standard specifications, and that they undertake to repair any flaw +or defect occurring to the commodity, re -provid e the service or +replace the commodity within a specific period. + After -Sales +Services : Taking care of the commodity or the service by maintaining its +quality, including spare parts, maintenance and technical support. + Recovery + : Withdrawing the defected or dangerous commodity through the +provider, or via the concerned authority or relevant authority in +the State, or the country of origin or any other state. + Misleading : Advertising a commodity or service based upon misleading +Federal Law of 2020 on Consumer Protection 6 + Advertising + information or omitting fundamental or core information related +to the commodity or the service, which affects the consumer and +leads them to contract whereas they would not have contracted +were it not for such information. Advertisin g fake or untrue prizes +or discounts is considered misleading advertising. + Invoice + : Any instrument sufficient by itself to prove the transaction or +contracting with the consumer on a commodity or service, +provided it contains the data required by thi s Law or its Executive +Regulation. + +" +economy and business,Federal Law No. (15) of 2020 on Consumer Protection,"Article (2) +Objectives of the Law +This Law aims to protect all consumer rights, especially: +1. The quality of the commodity or service and the purchase as per the advertised price. +2. Maintaining the consumer's health and safety upon their purchase of the commodity or +receipt of the service without causing them harming when using the commodity or +receiving the service. +3. Encouragement of sound consumption patterns. + +" +economy and business,Federal Law No. (15) of 2020 on Consumer Protection,"Article (3) +Application of the Law +The provisions of this Law shall apply to all commodities and services inside the State, +including the free zones, and the operations related thereto that are carried out by the +provider, advertiser or commercial agent which includes those carried out via e -commerce if +the provider is registered inside the State, without prejudice to the international conventions +and agreements to which the State is a party. +Federal Law of 2020 on Consumer Protection 7 + +" +economy and business,Federal Law No. (15) of 2020 on Consumer Protection,"Article (4) + Consumer Rights +All prescribed obligations pursuant to this Law shall be regarded as consumer rights, +including: +1. Providing suitable and safe environment when purchasing a commodity or receiving a +service. +2. Obtaining true information on the commodities purchased, used or consumed or the +service received. +3. Educating and raising consumers' awar eness of their rights and obligations. +4. Consumers exercising the right to choose the most suitable product and service available +in the market according to their desire. +5. Protecting consumers' privacy and data security and not using these for the purposes of +promotion and marketing. +6. Protecting consumers' religious values, customs and traditions when providing them +with any commodity or when they receive any service. +7. Fair and quick settlement for consumers' disputes. +8. Obtaining fair compensation for the damages caused to them or their property as a +result of purchasing or using the commodity or receiving the service. +9. All other rights prescribed by the existing legislation in the State. +It shall be permitted to add other rights upon a resolution from t he Cabinet. + +" +economy and business,Federal Law No. (15) of 2020 on Consumer Protection,"Article (5) +The Supreme Committee for Consumer Protection + A Committee titled the ""Supreme Committee for Consumer Protection"" shall be formed by a +resolution from the Cabinet upon a proposal from the Minister and shall be affiliated to the +Federal Law of 2020 on Consumer Protection 8 + Ministry. It shall be chaired by the Minister and include the membership o f a number of +members. The said resolution shall determine the Committee's competences and working +system. + +" +economy and business,Federal Law No. (15) of 2020 on Consumer Protection,"Article (6) +Coordination with the Relevant Authorities +1. The Department shall coordinate with the relevant authorities to ensure the protection +of consumer rights. +2. The Department shall submit periodic reports to the Committee on the coordination +with the relevant authorities. +3. The Executive Regulation of this Law shall determine the controls of implementing this +Article. + +Chapter Two +Obligations of the Provider, the Advertiser and the Commercial Agent +" +economy and business,Federal Law No. (15) of 2020 on Consumer Protection,"Article (7) +Labelling +1. Upon offering the commodity for sale, the provider shall be required to place the +labelling on its cover or package, or in a clear and legible place, a nd to clarify how to +install and use it, in accordance with the existing legislation in the State with regard to +the standard specifications. +2. If the use of the commodity involves risk, the provider shall be required to warn against +this clearly as prescrib ed by the Executive Regulation of this Law. + + +Federal Law of 2020 on Consumer Protection 9 + " +economy and business,Federal Law No. (15) of 2020 on Consumer Protection,"Article (8) + Price of the Commodity and Service +1. Upon offering the commodity for sale, the provider shall be required to clearly write the +price thereon. +2. Advertising the prices of commodities and services offered by the provider must not be +misleading. +3. The provider shall be required to provide the consumer with a detailed invoice +containing its trade name, address, commodity type, price and quantity or the service +type, price and details and any ot her data prescribed by the Executive Regulation of this +Law. +4. The invoice must be in Arabic and the provider may add any other language at their +discretion. + +" +economy and business,Federal Law No. (15) of 2020 on Consumer Protection,"Article (9) +Addressing Contingencies +In case of a crisis, contingencies or unusual situations in the internal and external markets, the +Minister shall take all necessary procedures to protect the interest of consumers and prevent +their harm. He may issue a resolution determining the prices of selling any commodity or +commodities and all providers in t he State shall be bound by such a resolution. + +" +economy and business,Federal Law No. (15) of 2020 on Consumer Protection,"Article (10) +Obligations of the Provider in Honouring the Warranty +1. The provider shall be required to honour all warranties, provide the required spare parts +and maintenance, replace the commodity or return its cash value and be committed to +the after -sales service of the sold commodity during the period specified. +2. The provider shall be required to guarantee the service it provided and that it is free from +Federal Law of 2020 on Consumer Protection 10 + defects and flaws during a period commensurate with the nature of such service, +otherwise it shall return the amount paid by the consumer or a part thereof, or correctly +re-provide the service. +3. The Executive Re gulation of this Law shall determine the controls of implementing this +Article. + +" +economy and business,Federal Law No. (15) of 2020 on Consumer Protection,"Article (11) +Obligations of the Commodity and Service Provider upon Discovering a Defect Upon +discovering a defect or risk in the commodity or the service likely to harm the consumer when +using it, the provider shall be required to inform the Ministry or the competent authority +immediately of the possible damages and how to prevent them, and to remove the +commodity from the market immediately and declare this, as prescribed by the Executive +Regulation of the Law. + +" +economy and business,Federal Law No. (15) of 2020 on Consumer Protection,"Article (12) +Flaw in the Commodity or Service +In case of discovering a flaw in the commodity or service, the provider shall be required to +repair, replace or recover the commodity and reimburse its price or re -provi de the service +without charge, as prescribed by the Executive Regulation of this Law. + +" +economy and business,Federal Law No. (15) of 2020 on Consumer Protection,"Article (13) +Obligations Upon Reoccurrence of the Flaw +If the same flaw occurs in the commodity three (3) times during the first year from the +consumer receiving it, and which fundamentally affects the quality of the commodity's +functionality, the provider shall be required to either replace it with a new one of the same +type and specifications without any cost to the consumer or recover it and reimburse its value, +Federal Law of 2020 on Consumer Protection 11 + in accordance with what is prescribed by the Executive Regulation of this Law. + +" +economy and business,Federal Law No. (15) of 2020 on Consumer Protection,"Article (14) +Provisions of Warranty and Prices of After -Sales Service +The Minister shall issue resolutions determining the periods and terms of the warranty an d +prices of after -sales service as per the type and nature of each commodity or service. + +" +economy and business,Federal Law No. (15) of 2020 on Consumer Protection,"Article (15) +Obligations of the Service Provider +Contracts concluded by the provider shall be required to provide for repair, maintenance or +after -sales service, or the return or replacement of the commodity or the reimbursement of its +value within specified period from the date of the defect or flaw occurring, according to what +is prescribed by the Executive Regulation of this Law. + +" +economy and business,Federal Law No. (15) of 2020 on Consumer Protection,"Article (16) + Commerc ial Agencies +Subject to the provisions of legislation governing commercial agencies and enforced in the +State, the commercial agent or distributor shall adhere to the following: +1. Honoring all the warranties provided by the producer or the agent for the commodity or +the service under the agency. +2. Providing the consumer with a similar commodity to use free of charge if the execution +of the warranties stipulated in Clause (1) of this Article exceeds (7) seven days, until such +time as these warranties have be en fulfilled. +3. The agent shall adhere to all the obligations of the provider, as stipulated in this Law, if +the service or commodity is provided through it. + +Federal Law of 2020 on Consumer Protection 12 + " +economy and business,Federal Law No. (15) of 2020 on Consumer Protection,"Article (17) +Describing the Commodity or Service with False Data +The advertiser, provider and commercial agent are prohibited from describing the commodity +or service in a manner containing false data or from advertising it in a misleading way. + +" +economy and business,Federal Law No. (15) of 2020 on Consumer Protection,"Article (18) +Promotion Licensing +The provider is prohibited from promoting the commodities or services or from making +general discounts to the prices or from advertising them in any way, until they obtain a prior +license from the competent authority. + +" +economy and business,Federal Law No. (15) of 2020 on Consumer Protection,"Article (19) + Monopoly +Subject to the provisions of the existing legislation in th e State, the provider is prohibited from +concealing the commodity, refraining from selling it or from not providing the service to the +consumer for the purpose of controlling the price, monopolising the commodity or obliging +the consumer to purchase certai n quantities of the commodity, or adding certain terms for +using the service or selling a commodity or another service with it, or charging a price higher +than the declared price; according to what is prescribed by the Executive Regulation of this +Law. + +" +economy and business,Federal Law No. (15) of 2020 on Consumer Protection,"Article (20) + The Commodity's Conformity to the Approved Standard Specifications and +Rules of Public Health and Safety +The provider shall be required to ensure the conformity of the commodity or service to the +Federal Law of 2020 on Consumer Protection 13 + standard specifications, terms and controls related to health and safety and the relevant +existing legislation in the State. + +" +economy and business,Federal Law No. (15) of 2020 on Consumer Protection,"Article (21) +Prohibition of Including a Term Harmful to the Consumer +The provider is prohibited from including any term upon contracting with the consumer that +woul d cause the consumer harm. Every term in a contract, invoice or otherwise shall be +deemed void if it would exempt the provider from any of the obligations provided in this Law. +The Executive Regulation of this Law shall determine the controls of the terms that are not +harmful to the consumer. + +Chapter Three + Consumer Rights' Protection +" +economy and business,Federal Law No. (15) of 2020 on Consumer Protection,"Article (22) + The Ministry and Competent Authority’s Role in the Protection of +Consumer Rights +1. The Ministry shall supervise the application of the general policy for consumer protection +in cooperation with the competent authorities, and in particular the following: +a. Raising the awareness and educating the consumer in a manner that contributes to his +protection from the risks of certain commodities and services including the e -commerce +services. +b. Publishing the resolutions and recommendations that contribute to i ncreasing consumer +awareness. +c. Controlling the movement of prices and limiting their increase. +d. Workings towards realizing the principle of competition and combating misleading +advertising and monopolization. +Federal Law of 2020 on Consumer Protection 14 + e. Receiving complaints from consumers an d the Consumer Protection Association and taking +the necessary procedures thereon; the Executive Regulation of this Law shall develop a +system for receiving complaints and the procedures necessary in their regard, and establish +coordination between the Min istry and the competent authority. +2. A Cabinet resolution shall be issued concerning the schedule of administrative penalties +and financial fines which the Ministry or Competent Authority – as the case may be – impose +them on the provider. + +" +economy and business,Federal Law No. (15) of 2020 on Consumer Protection,"Article (23) + Use of Experts and Laboratories +Subject to the aforementioned Federal Law No. (28) of 2001, as amended, the Ministry or +competent authority – whenever required or in the event of a conflict between the provider +and the consumer – may request to inspect t he commodity or the service at the laboratories, +on condition that the provider incurs the cost of the inspection if it is found that the +commodity is invalid. +The Executive Regulation of this Law shall determine the controls of applying this Article. + +" +economy and business,Federal Law No. (15) of 2020 on Consumer Protection,"Article (24) +The Consumer's Right to Claim Compensation +1. The consumer shall have the right to claim compensation for the personal or material +damages caused to them as a result of using the commodity or the service, in accordance +with the existing legislation in the State. Any agreement made otherwise shall be +deemed void. +2. The damages resulting from misuse or from use in a manner which violates the method +of use shall be excluded from the provision of Clause (1) of this Article. + +Federal Law of 2020 on Consumer Protection 15 + " +economy and business,Federal Law No. (15) of 2020 on Consumer Protection,"Article (25) +E-Commerce +1. The e -commerce providers registered within the State shall be required to provide the +consumers and competent authorities in the State with their names, legal statuses, +addresses, licensing authorities and sufficient information in Arabic on the provided +commodity or service, and its specifications, terms of contracting, payment and +warranty; as prescribed by the Executive Regulation of this Law. +2. The Ministry or the competent authority shall not be deemed responsible for the e - +commerce transactio ns made through providers who are not licensed within the State. + +" +economy and business,Federal Law No. (15) of 2020 on Consumer Protection,"Article (26) +Use of Arabic in Data, Advertising and Contracts +The data, advertising and contracts related to the consumer must be in Arabic, and it shall be +permitted to use other languages alongside Arabic. + +" +economy and business,Federal Law No. (15) of 2020 on Consumer Protection,"Article (27) + Prohibition, Administrative Seizure or Withdrawal of Commodities +Subject to the applicable legislation, the Minister or his representative and the competent +authority – in the event of necessity or urgency after receiving information or reports from +competent authorities about a harmful commodity or a commodity representing a risk to the +consumer – may issue a resolution prohibiting the import of the commodity, its +administrative detention or withdrawal from the m arkets (if it as entered them). + + + + +Federal Law of 2020 on Consumer Protection 16 + Chapter Four Penalties +" +economy and business,Federal Law No. (15) of 2020 on Consumer Protection,"Article (28) +The application of the penalties stipulated in this Law shall not prejudice any more severe +penalty provided by any other law. + +" +economy and business,Federal Law No. (15) of 2020 on Consumer Protection,"Article (29) +Whoever violates any of the provisions of Articles (7), (10), (11), (12), (15), (16), (17) and (21) +and the provisions of Clauses One, Two and Three of article (8) of this Law, shall be +imprisoned for no longer than two years and fined no less than 10,000 (ten thousand) +Dirhams and n o more than 2,000,000 (two million) Dirhams, or by one of these penalties. +The penalty shall be doubled in the event of re -offence. + +" +economy and business,Federal Law No. (15) of 2020 on Consumer Protection,"Article (30) +Whoever violates any of the provisions of Articles (18), (19), (20) and (26) and the provisions +of Clause Fou r of article (8) of this Law, shall be imprisoned for no longer than six months and +fined no less than 3,000 (three thousand) Dirhams and no more than 200,000 (two hundred +thousand) Dirhams, or by one of these penalties. +The penalty shall be doubled in the event of re -offence. + +" +economy and business,Federal Law No. (15) of 2020 on Consumer Protection,"Article (31) +Upon the conviction of any of the crimes stipulated in this Law, the competent court may +order: +1. The confiscation or destruction of the commodity and used material and tools, at the +cost of the convicted party. +2. The closure of the shop or the place where the crime occurred for no longer than three +months. +Federal Law of 2020 on Consumer Protection 17 + 3. The publication of the judgement of conviction at the cost of the convicted party in two +daily local newspapers, one of them issued in Arabic. + +" +economy and business,Federal Law No. (15) of 2020 on Consumer Protection,"Article (32) +Whoever illegally disposes, by any means, of the commodities and tools seized by the +competent authority shall be imprisoned for no longer than two months and fined the +equivalent to double the market value of the seized commodities and tools, or by one of these +penalties. + +Chapter Five +Final Provisions +" +economy and business,Federal Law No. (15) of 2020 on Consumer Protection,"Article (33) +Adjustment of Status +The provider, commercial agent and advertiser shall adjust their statuses in accordance with +the provisions of this Law within a year from the date it is enforced. Such a period shall be +extended to other similar periods by a resolution from the Cabinet upon a proposal from the +Minister. + +" +economy and business,Federal Law No. (15) of 2020 on Consumer Protection,"Article (34) + Judicial Police +Employees designated by a resolution of the Minister of Justice, in agreement with the +Minister or the chairman of the Concerned Authority, shall have the capacity of judicial +officers for proving all violations, within their jurisdiction, of the provisions of this Law, its +Executive Regulation and the decisions issued in the implementation th ereof. + +Federal Law of 2020 on Consumer Protection 18 + " +economy and business,Federal Law No. (15) of 2020 on Consumer Protection,"Article (35) +Appeal +It shall be permitted for all interested parties to appeal in writing to the Minister or the Head +of the competent Authority – as the case may be – the resolutions and procedures taken +against them under the provisions of this Law within fifteen (15) worki ng days from the date +of being notified of the resolution or procedure which is being appealed; provided it is +accompanied by all supporting documents and instruments. A judgement shall be made on +the appeal within thirty (30) days from the date it is subm itted, and the decision issued +thereon shall be final. Failure to reply within the said period shall be deemed a rejection to the +request. + +" +economy and business,Federal Law No. (15) of 2020 on Consumer Protection,"Article (36) +Executive Regulation +The Cabinet shall issue the Executive Regulation of this Law upon a proposal fro m the +Minister within six months from the date it is published. + +" +economy and business,Federal Law No. (15) of 2020 on Consumer Protection,"Article (37) + Repeal +1. The aforementioned Federal Law No. (24) of 2006 is hereby repealed, as well as any +provision that violates or contradicts the provisions of this Law. +2. The regulations and resolutions applying the aforementioned Federal Law No. (24) of +2006 shall remain in force without contradiction to the provisions of this Law, until +regulations and resolutions have been issued to replace them. + + +Federal Law of 2020 on Consumer Protection 19 + " +economy and business,Federal Law No. (15) of 2020 on Consumer Protection,"Article (38) +Publication and Enforcement of Law +This Law shall be published in the Official Gazette and shall come into force as of the day +following the date of its publication. + + + + + + + + + + + + + + +Signed +Khalifa bin Zayed Al -Nahyan +President of the United Arab Emirates +Issued by us a t the Palace of the Presidency in Abu Dhabi: +On: 24 Rabi' al -Awwal 1442 AH +Corresponding to: 10 November 2020 AD + + " +economy and business,Federal Law No. 2 of 1984 concerning GCC nationals engaging in economic activities in the State,"Article (1) +The natural and non -natural citizens of States of Arab Gulf Cooperation +Council shall be allowed to practise their economic activity in the industrial and agricult ural +fields, animal and fish resource and contracting in the United Arab Emirates provided that +Federal Law concerning GCC nationals engaging in economic activities in the State + 2 + the percent of the citizens of the States of the Cooperation Council doesn't exceed +75% of the project capital, and this shall be during the first five years fr om the date of +activating this law, and after this period the work in these field shall be released, + +" +economy and business,Federal Law No. 2 of 1984 concerning GCC nationals engaging in economic activities in the State,"Article (2) +The following practitioners and employees of any nationality of the States of the Arab +Cooperation Council shall be allowed to register in th e United Arab Emirates: +- Medicine +- Legal profession +- Accounting and review +- Engineering including engineering offices +- Managerial, economic, technical, agricultural, fishing and industrial consultations, +and practicing the indicated professions shall be allowed on the condition of having a +permit, making the registration and meeting the required conditions of practicing these +professions, + +" +economy and business,Federal Law No. 2 of 1984 concerning GCC nationals engaging in economic activities in the State,"Article (3) +The Minister of finance and Industry in organization with Ministers, each one is in his +jurisdiction, and the interested authorities in the U.A.E shall issue the orders and draft laws +necessary to apply provisions of this law. + +" +economy and business,Federal Law No. 2 of 1984 concerning GCC nationals engaging in economic activities in the State,"Article (4) +All provisions that violate provisions of this law shall be deleted, + +Federal Law concerning GCC nationals engaging in economic activities in the State + 3 + " +economy and business,Federal Law No. 2 of 1984 concerning GCC nationals engaging in economic activities in the State,"Article (5) +This law shall be announced in the official gazette and applied from the first of March, 1983. + + + + + + + + + + + + + + +Zayed Bin Sultan Al Nahyan +The President of the United Arab Emirates + + + +Issued in the Presidency Palace of Dubai + on Muharram 14th , 1410 +Corresponding to August 15th, 1984 " +economy and business,Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations,"Article (1) +Definitions +In applying the provisions of this Law, the following words and phrases shall have the meaning ascribed to each of them unless the context otherwise requires: +State : United Arab Emirates +Ministry : Ministry of Economy +Minister : Minister of Economy +Competent +Authority : The Local Government in each Emirate or the Concerned Authority +in the Emirate to issue Cooperative Association licences in +accordance with the legislation in force in the Concerned Emirate +Cooperative +Association : Association consisting of people united by common goals through +which they seek to achieve their aspirations and goals in order to +meet their various economic, social, cultural and other needs, in +accordance with the provisions of this Decree by Law and its +Executive Regulations +Person : Natural or legal person +Committee : The temporary Committee for the incorporation stage, appointed +from among the Founder members, with its competencies +concerning incorporation and registration with the Competent +Authority, and representing the Cooperative Association +Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations 3 + throughout this stage + General +Assembly : The members who hold a quorum and enjoy voting rights at the +time of the General Assembly +Member : The person who owns Cooperative Association shares, except for +holders of financing shares and Financial Instruments +Strategic +Partner : Holder of the financing share or Financial Instruments whose entry +results in the provision of technical, financial, operational or +marketing support for the public benefit of the Cooperative +Association +Register of +Cooperative +Association : The Register that shows the ownership of the members, the rights +and the observations made thereon +BOD : Cooperative Association BOD +A BOD member : BOD Membe +Managing +Director : A BOD member assigned by the BOD to supervise the executive +management of the Cooperative Association in exchange for a +salary to be determined by the BOD +Executive +Management : The Managing Director, the Chief Executive Officer, the General +Manager, their Deputies, and whoever acts for them + +" +economy and business,Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations,"Article (2) +Objectives of the Decree by Law and Principles of Cooperative Associations +1. This Law by Decree shall aim to achieve the following: +A. Enhance the role of Cooperative Associations in achieving sustainable development, +benefiting their members, and achieving market balance; +B. Regulate the licensing and operation of the Cooperative Association Sector and its activities in the State; +C. Enhance the ability of Cooperative Associations to be self -reliant; +D. Enable community members and its various groups to establish Cooperative +Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations 4 + Associations; +E. Develop non -traditional Cooperative Association sectors and activities; +F. Governance of Cooperative Associations laws and regulations; and +G. Achieve the principles of Cooperative Associations represented in the following: +i. Voluntary and open membership for those who fulfil the membership +conditions; +ii. Supervision of Cooperative Associations by members; +iii. Economic participation by members; +iv. Awareness and capacity building; +v. Cooperation between Cooperative Associations; +vi. Take care of community affairs; and +vii. The voting power of the members is equal and is not linked to the number of +shares, subject to article (10) of this Decree by Law. +2. The Ministry shall establish the General Policy for Cooperative Associations in a way that +achieves the objectives of this Decree by Law, which is intended for each type and +category of Cooperative Associations, in coordination with the Competent Authority, +and it is approved by the Cabinet. + +" +economy and business,Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations,"Article (3) +Obligations of Cooperative Associations +In order to achieve the principles of Cooperative Associations and the objectives of this Decree by Law, Cooperative Associations shall comply as follows: +1. Implement the general policy of Cooperative Associations, plans and programmes +necessary to achieve their objectives; +2. Contribute voluntarily to achieve social responsibility, including allocating a percentage +of Cooperative Association annual profits; or accumulated earnings for community +responsibility; +3. Exercise exclusively the activities specified in the Articles of Association; +4. Improve the social and economic level of its members; +Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations 5 + 5. Implement the approved system for the governance of Cooperative Associations; +6. Not to interfere in polit ics or to stir up hatred and sectarian, racial, religious or ethnic +conflicts or issues affect the security of the state or its system of government; and +7. Provide office or headquarters for the Cooperative Association in accordance with the +conditions specified by the Competent Authority + +" +economy and business,Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations,"Article (4) +Scope of Application of the Law by Decree +The provisions of this Decree Law shall apply to Cooperative Associations that are established or existing at the time of its issuance. + +" +economy and business,Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations,"Article (5) +Types of Cooperative Associations +1. Cooperative Associations are divided into categories, and the Executive Regulations of this Decree by Law shall specify the special conditions, standards, and provisions in each +category, including the volume of revenue, the volume of capital, and the nature of the +Cooperative Association activity. +2. Cooperative Associations shall take any of the following types: +A. Consumer Cooperative Associations; +B. Productive Cooperative Associations; +C. Cooperative Associations of employees and professionals; +D. Community Cooperative Associations; +E. Service Cooperative Associations, including financial, health, educational and housing; +F. Digital Cooperative Associations and Platform Cooperative Associations; and +G. Any other types approved by the Cabinet upon a recommendation from the Ministry. + + + +Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations 6 + " +economy and business,Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations,"Article (6) +Legal Personality +1. Upon its declaration, the Cooperative Association shall have a legal personality and a +financial liability independent of the members. +2. Subject to the previous Clause of this Article, a legal person for the Committee shall be established on a temporary basis during the incorporation period to the extent necessary +to establish it. +3. The legal personality of the Committee shall expire in any of the following cases: +A. When forming the first BOD of the Cooperative Association. +B. Non -approval of the Competent Authority on its registration. +C. Failure to complete its incorporation procedures for any reason, in accordance with the provisions and period specified in the Executive Regulations of this Decree by +Law. + +" +economy and business,Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations,"Article (7) +Institutional Governance and Discipline +1. Cooperative Associations are subject to the system of corporate governance and +discipline for Cooperative Associations. +2. The Ministry shall prepare standards and provisions for governance and institutional +discipline of Cooperative Associations for approval by the Cabinet. + +Chapter Two +Establishment of the Cooperative Associatio n +" +economy and business,Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations,"Article (8) +Representing the Cooperative Association in the establishment stage +1. The Founders shall elect from among themselves the Committee, with the membership of (3) three persons at a minimum, including a Chairman, Vice -Chairman and Financial +Officer. +Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations 7 + 2. The Committee u ndertakes the task of completing the procedures for establishing the +Cooperative Association with the Competent Authority. +3. During the establishment period, the Committee undertakes to represent the +Cooperative Association with others and to contract in its name, including the rights and obligations that this entails, and to the extent necessary for the establishment of the +Cooperative Association. + +" +economy and business,Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations,"Article (9) +Responsibility of the Committee concerning the Incorporation Phase +1. Subject to the provisions of Articles (6) and (8) of this Decree by Law, the Founder s +determine the powers and functions of the Committee and undertake the approval of +contracts and disbursements during the incorporation stage. +2. Subject to the previous Clause of this Article, the Committee shall be considered the legal representative of the Cooperative Association and is exclusively delegated to it in all +works, disposals and functions, including legal, judicial and notary public, in addition to works, contracts, disposals and opening bank accounts for the Cooperative Association +under the incorporation phase. +3. The Committee shall be fully responsible for the validity, accuracy and completeness of +the information and documents submitted to the Competent Authority during the +incorporation phase of the Cooperative Association and until its expiration and completion of its work. +4. The Founders shall be responsible for any damages that may befall the Cooperative Association or third parties as a result of violating the rules and procedures of +incorporation specified in this Decree by Law and the decisions issued for its +implementation. +5. The Founders shall be jointly liable for the obligations of the Cooperative Association +during its incorporation phase, as well as for the funds raised by the Cooperative +Association. +6. It is deposited in the Cooperative Association account and the funds subscribed to in its +Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations 8 + shares, until it is handed over to the BOD.In the event that the Cooperative Association is +not declared, the Founders bear the responsibility jointly towards others. + +" +economy and business,Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations,"Article (10) +Membership +1. The Executive Regulations of this Decree by Law shall regulate the terms and conditions for the formation of the BOD, its terms of reference, and the provisions relating to +renunciation and exit, heirs, and voting. +2. Subject to the previous Clause of this Article, the Cooperative Association shall be +established from a number of not less than (10) ten persons, and it is permissible, by a +decision of the Head of the Competent Authority, to make an exception from that if an +acceptable reason is found. +3. A member of a Cooperative Association is required to fulfil the following conditions and requirements: +A. Conditions specified in the Articles of Association of the Cooperative Association +approved by the Competent Authority; +B. The member shall be a Citizen whenever the Cooperative Association is one of the typical Consumer Cooperative Associations in the retail sector; +C. Enjoy legal capacity; +D. The age of a natural person shall not be less than (18) eighteen years, or (3) three years from incorporation if it is a legal person. The minimum requirement for a legal +person is excluded when the legal person is owned by a government agency; +E. Subject to the previous Clause of this Article, the Competent Authority may reduce or +increase the period of incorporation of the legal person in accordance with the +criteria and conditions specified in this regard; and +F. Any other requirement determined by the Ministry or the Competent Authority in +coordination with the Ministry. +4. The General Assembly of the Cooperative Association shall be composed of the +members. +Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations 9 + 5. Cooperative Associations shall keep a register called the ""Cooperative Association +Register"" in which all data concerning members, their capacities, the number of shares +they own, and any procedure or restriction on those shares are indicated, in accordance +with the conditions and procedures specified by the Minister. +6. The Cooperative Association shall have a capital to the extent necessary to achieve its +objectives, consisting of nominal shares of equal value, and the Executive Regulations of +this Decree by Law specify all the provisions regulating the shares of the Cooperative +Association. This shall include the mechanism of subscription, issuance, trading and +disposal thereof, the profits due on the shares, the rights of the member, and the terms +and conditions for raising and decreasing the capital, and it shall apply in that regard the +following: +A. The Cooperative Association capital shall consist of cash shares and in -kind shares, +or one of them, in accordance with the controls specified in the Executive +Regulations of this Decree by Law. +B. Cash contributions shall be deposited in a bank in the State, and the bank may not +pay them except to the BOD of the Cooperative Association after submitting proof of +the declaration of the Cooperative Association with the Competent Authority. +C. In-kind shares are financially assessable assets and are not commitments or the +provision of a service or supply. +D. The Cooperative Association capital may be increased by accepting new members, or +converting bonds or instruments into shares in the Cooperative Association. +E. The capital may be reduced in accordance with the conditions, controls and +procedures specified in the Executive Regulations. +F. Increasing or decreasing the capital does not require amending its Articles of +association, and the procedures stipulated in the Executive Regulations or ministerial +decisions are followed in this regard. +G. The Cooperative Association may borrow from the private or public sector and issue +bonds and instruments of all kinds in support of the Cooperative Association +activities in accordance with the controls issued by the Ministry after coordination +Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations 10 + with the Competent Authority in this regard. +7. Subject to the categories of Cooperative Associations referred to in Clause (1) of Article +(5) of this Decree by Law, Cooperative Associations are subject to the following +provisions: +A. Non -Basic Cooperative Association: Each member of a Non -Basic Cooperative +Association shall have only one vote, regardless of the number of shares he owns; +B. Basic Cooperative Associations: The Articles of Association of the Basic Cooperative Association shall grant special privileges to major shareholder members and to grant +multiple voting rights and distinct preferential rights under conditions and controls, +including the following: +i. The size of the member investments in the Cooperative Association, provided that they are not less than the percentages specified in the Executive Regulations +in this regard. +ii. The Articles of Association shall specify the number of votes granted to the +number of shares of the major shareholder members. +iii. The volume of the member transactions or contributions to the Cooperative Association, so that they are not less than the percentages specified in the +Executive Regulations of this Decree by Law out of the total transactions or +contributions of the members. +iv. The percentage of representation of Senior Shareholder members who enjoy +multiple voting rights shall not exceed one -third of the BOD members. +v. The percentage of the votes of the Senior Shareholders collectively shall not +exceed (35%) of the total votes of the members of the Cooperative Association. +vi. Any other conditions specified by the Executive Regulations of this Decree by Law or the Articles of Association of the Cooperative Association. +vii. As an exception to the previous Clauses, the Competent Authority may, after +coordination with the Ministry, approve special voting systems for licensed +Cooperative Associations. +C. General provisions for Basic and Non -Basic Cooperative Associations: All members +Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations 11 + have one vote when voting on the special resolution. +8. The Cooperative Association may issue Financial Instruments and financing shares +under conditions and criteria regulated in the Executive Regulations of this Decree by +Law, including the following: +A. That these Financial Instruments and financing shares do not have the right to vote +in Cooperative Association. +B. The Holder of Financial Instruments and financing shares is a Strategic Partner. +C. The Holder of Financial Instruments and financing shares is not considered a +member of the Cooperative Association. +D. Financial Instruments and financing stocks may not be traded or transferred except +with the approval of the Cooperative Association BOD. +E. Any privileges, conditions or other standards that do not contradict the Articles of +Association of the Cooperative Association. +9. As an exception to the provisions of this Article, the Competent Authority may issue +decisions regulating the increase of the capital of Cooperative Associations that fall +within its jurisdiction, including the provisions regulating the increase of the capital of +such Cooperative Associations through the inclusion of new members or the +contribution of the local government to the capital of the Cooperative Association. + +" +economy and business,Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations,"Article (11) +Incorporation, Management and Finances +1. Incorporation Application of Cooperative Association +A. The application for registration of the Cooperative Association shall be submitted to the +Competent Authority, accompanied by the Memorandum of Association and Articles of +Association, in accordance with the requirements, terms, conditions, and forms specified +in the Executive Regulations of this Decree by Law and the Ministry decisions in this regard. +B. The Competent Authority shall decide on a registration application within a period of +(20) twenty working days, and during that period it may meet with the Committee and +Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations 12 + request any additional information, and upon approval of the application, the +registration shall be publicised. +C. The Executive Regulations of this Decree by Law specify the criteria, terms and conditions for the establishment, publicity and management of the Cooperative Association, the distribution of profits, its liquidation or termination and other works and +activities and any necessary forms in this regard. +D. Upon the declaration of the Cooperative Association, the Cooperative Association shall +bear all the costs and expenses incurred by the Committee for the purposes of +incorporation, and the Auditor Report for these expenses shall be presented to the +Constituent General Assembly for discussion and approval. +2. Board of Directors (BOD) +A. The Cooperative Association shall have a BOD that manages its affairs and consists of a +number of members that are not less than (3) three members and not more than (9) nine +members. +B. Subject to the previous Clause of this Article, the Minister may specify another number +for the BOD membership of certain types of Cooperative Associations. +C. The Articles of Association of the Cooperative Association shall determine the method of +forming the BOD, the number of its members, and the term of membership. The number +of its members shall be individual, and the term of membership does not exceed (3) three Gregorian years, starting from the date of election or appointment. +D. Subject to the previous Clause of this Article, the BOD membership may be returned or +renewed more than once. +E. The BOD shall be elected by the General Assembly by secret ballot in accordance with the rules and procedures specified in the Executive Regulations of this Decree by Law. +F. The Ministry shall issue a decision specifying the conditions, controls, and procedures +that the Cooperative Association shall comply with in forming the BOD and nominating +for membership. +G. The membership of more than one BOD for more than one Cooperative Association that aims to achieve the same activity may not be combined, nor to combine the capacity of +Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations 13 + chairing the BOD, his Deputy, or Executive Management in the same Cooperative +Association, or even with another Cooperative Association, just as the Managing +Director is not permitted to be a CEO, General Manager of another Cooperative +Association. +H. The BOD shall elect from among its members, by secret vote, a BOD Chairman and a +Vice- Chairman who replaces him in the event of his absence or an impediment to it, and +a Managing Director may be elected for the Cooperative Association. +I. The BOD Chairman shall be the legal representative of the Cooperative Association +before the judiciary and in its relations with third parties, unless the Articles of +Association the Cooperative Association stipulates that its General Manager or CEO is +the one who represents it before the courts and in its relations with third parties. The +BOD Chairman may delegate some of his powers to other BOD members. +J. The Competent Authority may, on its own initiative or based on a report from the Auditor or the supervisory Authorities of the Cooperative Association, or at the request of (10%) of the members of the Cooperative Association, at a minimum, dissolve the +BOD of the Cooperative Association and appoint a new BOD, for a period not exceeding +(3) three years. Or temporary for the conduct of business, not exceeding six months, +during which the General Assembly is invited to elect a new BOD to replace it, if it +appears to it that the BOD is unable to carry out its tasks or is unable to achieve the objectives of the Cooperative Association, or if there are financial or administrative +irregularities in the Cooperative Association that harm the Cooperative Association or its +members. +K. Unless the Competent Authority decides to renew the appointment of the BOD +appointed in accordance with the text of the previous Clause of this Article, the BOD +shall call for elections for the BOD at least one month before the expiration date of its +term, in accordance with the procedures stipulated in the Articles of association of the +Cooperative Association. +L. l. Subject to the previous Clauses of this Article, the Competent Authority may appoint and replace the BOD members and renew their membership in the Cooperative +Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations 14 + Association, whether at the incorporation Phase or after its declaration.Subject to the +previous Clause of this Article, the BOD appointed by the local authority prior to the +issuance of this Decree by Law shall continue to manage the affairs of the association, +for a period of (3) three years from the date of its issuance, unless the Competent Authority decides to invite the General Assembly to elect a new BOD before this period +expires. +3. General Assembly and Constituent General Assembly +The Executive Regulations of this Decree by Law specify the controls, conditions, and +procedures of the Cooperative Association General Assembly, including the invitation to the +meeting, the meeting schedule, the quorum for the validity of the meeting, the voting +mechanism, the powers of the General Assembly, and cases of inability to elect the BOD or +appoint an Auditor, and others. +4. Opening and Managing Branches +For the Cooperative Association may open branches for it in the State after the approval of the Competent Authority for the new branch. +5. Financial Accounts of the Cooperative Association and its Balance Sheet +A. The Cooperative Association shall keep organised records and financial accounts in +accordance with international accounting standards and names that reflect a true and +fair picture of the Cooperative Association profits or losses for the fiscal year and place them at the end of the fiscal year. It shall also comply with any requirements stipulated +in this Decree by Law and the decisions issued in implementation thereof and the +Articles of Association of the Cooperative Association. +B. The Financial Statements shall be approved by the signature of the BOD members or the +BOD Chairman and its Auditor, who in turn prepares his report on the Financial +Statements in accordance with professional principles. +C. The fiscal year of the Cooperative Association shall commence on January 1 of each year +and ends on December 31 of the same year, with the exception of the first fiscal year, +which shall commence from the date of its publication and ends on December 31 of the +following year. +Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations 15 + D. The Financial Statements of the Cooperative Association for the fiscal year shall be duly +audited prior to the annual meeting of the General Assembly by (15) fifteen days at least, +and the board shall prepare a report on the Cooperative Association activity, the +outcome of its business and its financial position at the end of the fiscal year and the method it proposes for distributing the net profits. It shall provide a copy It is reported to +each of the members and the Competent Authority and made available on the website of +the Cooperative Association. +E. The Audited Financial Statements shall be published on the website within (15) fifteen days from the date of approval of the budget by the General Assembly, and a copy +thereof shall be deposited with each of the Ministry and the Competent Authority. +F. Subject to the two previous Articles, the annual net profits shall be distributed as follows: +a. Returns on transactions are granted to each member according to the volume of his +dealings with Cooperative Associations. +b. Returns on shares for all members at the rate approved by the General Assembly, +subject to the provisions stipulated in the Articles of Association. +c. Returns derived from financing shares or Financial Instruments. +d. The remuneration of the BOD members as determined by the General Assembly, not +exceeding (10%) of the annual net profits. +e. The Executive Regulations of this Decree by Law shall regulate the terms and +conditions regulating the distribution of profits, including any other allocations for +the distribution of net profits. +6. Legal Reserve +A. (10%) of the Cooperative Association net profits shall be deducted every year and +allocated to form a legal reserve, unless the Articles of Association specify a higher +percentage. +B. The General Assembly may suspend this deduction when the legal reserve reaches +(50%) of the Cooperative Association capital, unless the Articles of Association shall +specify a higher percentage. +C. The legal reserve may not be distributed as profits to the shareholder members or +Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations 16 + returns on financing shares or Financial Instruments. +7. Optional Reserve +The Articles of Association of the Cooperative Association may stipulate the allocation of a +certain percentage of the net profits to establish an optional reserve, which shall be allocated for the purposes stipulated in the Articles of Association, and may not be used for any other +purposes except by a decision issued by the General Assembly. +8. Cooperative Association Dissolution and Liquidation +A. The Cooperative Association shall be dissolved and liquidated in any of the following +cases: +a. according to the provisions specified in the Articles of Association. +b. Issuance of a final judgment by the Competent Court. +c. Issuance of a decision by the Competent Authority if the Cooperative Association is unable to achieve its objectives or goes beyond the limits of the Cooperative +Association objectives. +d. Any other cases determined by the Executive Regulation of this Law by Decree. +B. Those concerned may appeal the liquidation decision before the Competent Court within (15) fifteen days from the date of notifying the Cooperative Association Decision. +2. The Executive Regulations of this Decree by Law shall determine the provisions regulating the liquidation and termination of the Cooperative Association, the appointment of a liquidator, the basis for determining his fees, duties, powers, and the +period required for liquidation. +D. Subject to the previous Clause of this Article, a liquidator may not be appointed if he is +an Auditor for the accounts of the Cooperative Association in any o f the periods. +E. Subject of the provisions of Clause (7) of article (10) of this Decree by Law, the Cooperative Association shall be subject to the legislation in force concerning liquidation +in matters not provided for in this Decree by Law or its Executive Regulations. The +priority rights of financing stocks and Financial Instruments are among the privileged +rights upon liquidation, with their privileges in applying for the fulfilment of other +obligations and other debts. +Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations 17 + 9. Special Resolution +A. special decision shall be issued concerning the essential matters of the Cooperative +Association, including amending the Articles of Association. The Memorandum of +Association, changing the legal form of the Cooperative Association, dissolving or merging it, dismissing the BOD members, changing the BOD any cases in which the +Articles of Association require a special decision to be amended. +B. The Executive Regulations of this Decree by Law regulate the special conditions, +requirements, and percentages concerning the special decision. + +Chapter Three +Supervision and Control +" +economy and business,Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations,"Article (12) +Auditor +1. The Cooperative Association shall have one or more Auditors to be appointed and +whose fees shall be determined by the General Assembly, based on the nomination of +the BOD. +2. The provisions stipulated in the law regulating the profession of Auditors and its +Executive Regulations apply to Auditors, including the terms of appointment and other +provisions and standards concerning the practice of the profession of Auditors. +3. The Executive Regulation of this Decree by Law shall specify the terms and conditions +for the Auditor, including the duration of the appointment of the Auditor, his powers, +obligations and responsibilities, and the contents of the Audit Report he is assigned to +prepare. +4. The accounts for the fiscal year are audited by the Auditor who prepares a report on +them, and they are approved by the BOD and submitted to the General Assembly, +together with the Auditor Report, within (4) four months from the end of each fiscal year +for the Cooperative Association. +5. The Cooperative Association shall deposit a copy of the final budget, the Audited +Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations 18 + Financial Statements and the Auditor Report with the Competent Authority and make it +available on its website within (7) seven days of the meeting of the General Assembly to +which the accounts and the Auditor Report were submitted and submit it to the +Competent Authority. + +" +economy and business,Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations,"Article (13) +Control +1. The Ministry and the Competent Authority shall be responsible for supervising and controlling the Cooperative Association, its activities, its members and shareholders in accordance with the provisions of this Decree by Law and its Executive Regulations. +2. The Committee shall app oint a Licensed Auditor, after approval by the Competent +Authority, to audit the Committee expenses during the establishment of the Cooperative +Association. The General Assembly shall appoint him thereafter. + +" +economy and business,Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations,"Article (14) +Inspection and Judicial Enforcement +1. Employees designated by a resolution of the Minister of Justice or the head of the local +judicial authority in consultation with the Minister or in agreement with the Competent +Authority, as the case may be, shall have the capacity of judicial reviewers to establish which occur in violation of the provisions of this Law, its implementing regulations and +the decisions made pursuant to them, each within their competence. +2. Judicial enforcement officers have the competence to inspect Cooperative Associations +in coordination and cooperation with the Competent Authority. + + + + + +Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations 19 + Chapter Four +Penalties +" +economy and business,Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations,"Article (15) +Administrative Penalties and Violations +1. The Cabinet, based on a recommendation from the Minister, after coordination with the +Competent Authorities, issues a decision regulating administrative fines and violations, +and that the decision includes specifying the bodies that impose administrative fines on +the Cooperative Association and the controls and procedures for signing and appeal against them. +2. The imposition of an administrative fine does not absolve oneself of liability for acts +committed contrary to the provisions of the legislation in force. +3. The Cooperative Association shall appeal before the Competent Court within (60) sixty +working days from the date of learning of the rejection of the appeal, after which the +decision shall be immune from appeal before any party. + +" +economy and business,Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations,"Article (16) +Crimes and Penalties +1. The imposition of the penalties stipulated in this Law shall be without prejudice to any more severe penalty stipulated in any other law. +2. A fine of not less than (200,000) two hundred thousand dirhams and not more than +(1,000,000) million dirhams shall be imposed on whoever submits false or misleading +information in the Memorandum of Association, Articles of Association, prospectus +Subscription, data, annual reports, financial statements, or financial position. +3. A fine of not less than (100,000) one hundred thousand dirhams and not more than +(1,000,000) million dirhams shall be imposed on members of the BOD and any of the +senior executive management who recommended the distribution of profits to members +or others, or the distribution of bonuses to members of the Board in violation of the +provisions of this Decree by Law or its Executive Regulations or any of the decisions +issued pursuant thereto, as well as every Auditor who approved such distribution with +Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations 20 + his knowledge of the violation. +4. A fine of no less than (100,000) one hundred thousand dirhams and no more than +(1,000,000) one million dirhams shall be imposed on anyone who unlawfully uses a +name or slogan that appears to the public that this work or project is Cooperative Association, as well as anyone who uses a Cooperative Association logo untruly and any +person or An entity that has practised any business suggesting that it is Cooperative +Association without registration contrary to the provisions of this Decree by Law, and the Court shall order the removal of the name and the publication of the judgment, at +the expense of the convict, in one of the local daily newspapers. +5. A liquidator who recommended the distribution or distribution to members of the +Cooperative Association asse ts, or who performed any practice, procedure, or act +contrary to the professional principles established in the legislation in force, shall be +punished with a fine of not less than (50,000) fifty thousand dirhams and not exceeding +(500,000) five hundred thousand dirhams. Carries out the established obligations. +6. A criminal case shall be filed against the legal representative of the Cooperative +Association for the crimes committed by the Cooperative Associations. + +Chapter Five +Listing in financial markets, transition to trading companies and +acquisitions +" +economy and business,Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations,"Article (17) +Listing in Financial Markets +The Cooperative Association may list its shares in the stock markets in the State in +accordance with the terms and conditions regulating it from the financial stock market. + +" +economy and business,Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations,"Article (18) +Establishment of Cooperative Association Companies and Acquisitions +1. The Cooperative Association to establish companies in any way and in accordance with +the requirements and procedures specified by the Competent Authorities. +Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations 21 + 2. Subject to the Articles of association of the Cooperative Association, the Cooperative +Association may, after obtaining the approval of the Competent Authority, acquire the +shares of other companies and Cooperative Associations. + +" +economy and business,Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations,"Article (19) +Transforming the Cooperative Association into a Commercial Company +1. The Cooperative Association may transform into a company in the manner specified in +the Companies Law in accordance with the terms and conditions specified in the +Executive Regulations of this Decree by Law. +2. Obtain the approvals of the Competent Authorities. + +Chapter Six +Strategic Partner, Endowments and Grants +" +economy and business,Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations,"Article (20) +Strategic Partner +1. The Cooperative Association, according to a special decision, approving the entry of a +Strategic Partner, and the Ministry shall issue a decision that determines the conditions, +percentages, and procedures for the entry of the Strategic Partner into the Cooperative +Association. +2. The BOD of the Cooperative Association shall present to the General Assembly a study showing the benefits that the Cooperative A ssociation will reap from the inclusion of the +Strategic Partner. +3. The Ministry and the Competent Authority shall refuse the entry of the Strategic Partner if such entry would violate the laws of the State or the applicable regulations or harm the public interest. + + + +Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations 22 + " +economy and business,Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations,"Article (21) +Grants and Gifts +1. The Cooperative Association, according to a special decision, may obtain donations and +grants after obtaining the approval of the Competent Authority in accordance with the +legislation in force in the State. +2. Cooperative Associations shall obtain the approval of the Granting Authorities concerning any actions or acts related to grants and gifts, when these agencies are +governmental. + +" +economy and business,Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations,"Article (22) +Delegation of Competence and Coordination with the Competent +Authorities +1. The Cabinet, based on the Minister proposal, may delegate any of the Ministry competencies stipulated in this Decree by Law to the Competent Authority. +2. Subject to the previous Clause of this Article, the Competent Authority shall undertake +the electronic link with the Ministry. + +" +economy and business,Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations,"Article (23) +Data Sharing +The Competent Authority shall share with the Ministry all data related to the Cooperative +Association and any updates thereof by linking it to the economic register, including the +Financial Statements and budget approved by the General Assembly, the Auditor Report, +and the decisions of the General Assembly. It also provides the Ministry with any other +information or data upon the Ministry request. + +" +economy and business,Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations,"Article (24) +Regularisation +Existing Cooperative Associations at the time of enforcement of the provisions of this Decree +Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations 23 + Law shall regulate not exceeding two years from the date of its entry into force, provided +that this period may be extended by a decision of the Cabinet based on the recommendation +of the Minister. + +" +economy and business,Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations,"Article (25) +Forfeiture Liability Lawsuit +Any decision issued by the General Assembly to discharge the BOD does not result in the +forfeiture of the civil liability lawsuit against the members of the BOD due to the mistakes +they make in carrying out their mission. It shall lapse with the lapse of one year from the +date of the meeting of that assembly. Nevertheless, if the act attributed to the BOD members constitutes a criminal offense, the civil liability lawsuit shall not lapse unless the criminal +lawsuit lapses. + +" +economy and business,Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations,"Article (26) +Social Responsibility +1. The Cooperative Association, after the approval of the Competent Authority and the issuance of a decision by the General Assembly, may allocate a percentage of its annual +profits or the accumulated profits for social responsibility. +2. The Cooperative Association shall disclo se on its website after the end of the fiscal year +whether or not it has carried out its social responsibility. +3. The Auditor Report and the annual Financial Statements of the Cooperative Association shall include the entity or entities benefiting from these community contributions. + +" +economy and business,Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations,"Article (27) +Mergers +1. The Cooperative Association, after the approval of the Competent Authority, to merge +with another Cooperative Association. +2. The Competent Authority may, on its own initiative or at the request of the Cooperative +Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations 24 + Association BOD, decide to merge more than one Cooperative Association that falls +within the scope of its competence, if this merger would achieve the interests of the +Cooperative Association movement in the Emirate or the interests of the members of +those Cooperative Associations. The Competent Authority issues provisions, rules, conditions and procedures for merging Cooperative Associations in this case. +3. Pursuant to the provisions of this Article, when the merger is between Cooperative Associations in different Emirates, this requires the approval of the Competent Authority in each Emirate. + +" +economy and business,Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations,"Article (28) +Establishment of joint Cooperative Associations and Cooperative +Association Union +1. Any number of licensed Cooperative Associations may form joint Cooperative Associations among themselves, to produce or import what is required for the activity of +these Cooperative Associations or to serve their various purposes. +2. For Cooperative Associations of the same kind to establish a union among themselves in +accordance with the terms and conditions regulating that in the Executive Regulations of +this Decree by Law. +3. The legal personality of each of the joint Cooperative Associations and the union of Cooperative Associations is established upon their declaration. + +Chapter Seven +Final Provisions +" +economy and business,Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations,"Article (29) +Fees necessary to implement the Decree by Law +The Cabinet, upon the recommendation of the Minister and the proposal of the Minister of +Finance, shall issue a decision specifying the fees prescribed in connection with this Decree +by Law. +Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations 25 + " +economy and business,Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations,"Article (30) +Executive Regulation +1. The Cabinet, based on a proposal of the Minister, shall issue the Executive Regulations +for this Decree by Law within six (6) months from the date of its enforcement. +2. The Cabinet delegates any of its powers to the Minister. + +" +economy and business,Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations,"Article (31) +Repeals +1. Federal Law No. (2) of 1975 concerning the organisation of agricultural Cooperative +Associations, Federal Law No. (13) of 1976 concerning Cooperative Associations, as well +as every provision that contradicts or conflicts with the provisions of this Decree by Law +are repealed. +2. Pursuant to the previous Clause of this Article, the regulations and decisions issued in implementation of Federal Law No. (2) of 1975 AD and Federal Law No. (13) of 1976 +referred to above shall continue to be in force, provided they do not conflict with the +provisions of this Decree by Law. + +" +economy and business,Federal Law by Decree No. (6) of 2022 Concerning Cooperative Associations,"Article (32) +Law by Decree +This Law by Decree shall be published in the Official Gazette and shall come into force after +(3) three months from the date of its publication. + + +Mohammed Bin Zayed Al Nahyan +President of the United Arab Emirates + +Issued by us at the Palace of the Presidency in Abu Dhabi: +On: Muharram 19, 1444 H +Corresponding to: August 17, 2022 " +economy and business,Cabinet Resolution No. (4) of 2018 Forming the Financial Restructuring Committee.,"Article (1) +Definitions +For applying the provisions of this Resolution, the following words and expressions +shall have the meaning assigned thereto respectively , unless the context requires +otherwise: +State : The United Arab Emirates. +Ministry : The Ministry of Finance. +Minister : The Minister of Finance. +Emirate : Any of the member emirates of the Federation. +Committee : The Financial Restructuring Committee formed +according to the provisions of this Resolution. Cabinet Resolution of 20 18 Forming the Financial Restructuring Committee 2 + Competent Supervisory +Body : The local or federal government body nominated by +a resolution to be issued by the Cabinet. +Competent Authority : The local government body concerned. +Financial Institution : Banks and other institutions licensed by the +competent supervisory body for pro viding the +financial services according to the legislation in +force in the State. +Debtor : The applicant of Financial Restructuring according +to the provisions of this Resolution. +Bankruptcy Law : Federal Decree -Law No. (9) of 2016 Concerning +Bankruptcy. + +" +economy and business,Cabinet Resolution No. (4) of 2018 Forming the Financial Restructuring Committee.,"Article (2) +Formation of the Financial Restructuring Committee +1. The Committee shall be composed of nine (9) members under chairmanship of the +Deputy Minister and with the membership of the representatives of the following +entities: +a. The Ministry of Finance; +b. The Ministry of Economic; +c. The Ministry of Justice; +d. The Ce ntral Bank; +e. The Securities and Commodities Authority; +f. The Government of Abu Dhabi +g. The Government of Dubai +h. The Government of Sharjah +2. Each entity r eferred to in Item (1) of this A rticle shall nominate its experienced and +competent representative for the membership of the Committee . The Minister +shall issue a resolution for approving their membership in the Committee . Cabinet Resolution of 20 18 Forming the Financial Restructuring Committee 3 + 3. The Committee shall select from a mong its members, a Vice -Chairman at its first +meeting to act on behalf of the chairman in his absence or in the event of vacancy +in chairmanship for any reason what soever . +4. The term of company's membership shall be (3) three years and may be renewed +for other similar terms according to the procedures r eferred to in Item (2) of this +Article. +5. If the term of the membership expires and no new members have been appointed, +in such case, the members whose memberships expired shall continue to carry out +their tasks until the Committee is reformed . +6. If a vacancy occurs in the membership of the Committee for any reason, it shall not +affect the continuity of the Committee 's work, provided that the members thereof +shall be at least (7) seven members. The appointment of the member shall be made +by replacing the member whose pos ition became vacant for the remain ing period +of its membership according to the provisions of Item (2) of th is Article. + +" +economy and business,Cabinet Resolution No. (4) of 2018 Forming the Financial Restructuring Committee.,"Article (3) +Secretariat of the Committee +1. The Committee shall have a Secretariat , whose administrative, financial, and +technical affairs shall be supervised by The Ministry. +2. The Minister shall issue the resolutions required for the appointment of one of the +Ministry 's employee to carry out the Committee Secretary's functions , and the +appointment of one or more employee (s) to assist the Committee Secretary in his +functions , and their competences and functions shall be determined in the +Minister's resolution. +3. The Ministry shall open one or more bank account (s) in which the fees of the +Financial Restructuring experts shall be deposited . Such account shall be subject +to the supervision of the Chairman of the Committee or his delegate in this regard. + + + Cabinet Resolution of 20 18 Forming the Financial Restructuring Committee 4 + " +economy and business,Cabinet Resolution No. (4) of 2018 Forming the Financial Restructuring Committee.,"Article (4) +Committee Meetings +1. The Committee shall hold its meetings at least once each (4) four years or as +needed upon the call of its Chairman or the Vice -Chairman in the absence thereof , +and such call shall be accompanied with the agenda of the meeting. +2. The quorum for the Committee's meetings shall be constituted by the majority of +the members, provided that the Chairmen or Vice -Chairman shall be amongst the +attendees . +3. Each member shall have one vote , and t he decisions of the Committee shall be +made by a majority vote of the present members . In the case of equal votes, the +Chairman of the Committee shall have the casting vote. +4. The Chairman of the Committee , or Vice -Chairman in his absence, may call any +person who deems appro priate to attend its meeting and participate in its +discussions, but shall not have the right to vote. +5. The deliberations and decisions of the Committee shall be recorded in minutes +signed by the Chairman of the meeting and the members present . +6. The decisions of t he Committee may be adopted by circulation in respect to the +necessary issues determined by the Chairman of the Committee. + +" +economy and business,Cabinet Resolution No. (4) of 2018 Forming the Financial Restructuring Committee.,"Article (5) +Functions of The Committee +The Committee shall have the following functions : +1. Supervising the management of the procedures of Financial Restructuring of the +financial institutions in order to facilitate reaching a consensual agreement +between the debtor and his creditor with the support of one or more expert(s) +assigned by the Committee in this regard according to the requirements and +procedures set forth in this Resolution . +2. Approving t he roster of experts of Financial Restructuring and Bankruptcy affairs +for carrying out the work assigned thereto according to the provisions of Cabinet Resolution of 20 18 Forming the Financial Restructuring Committee 5 + Bankruptcy Law, in coordination with the Ministry of Justice or the Local Authority +in the Emirates having local jurisdiction. +3. Approving the requirements and procedures for the registration in the experts ' +roster drawn up by the Committee in accordance with the provisions of this +Resolution. +4. Setting a schedule of the fees of the appointed experts and any expenses borne by +the latter due to the procedures of the Financial Restructuring . +5. Establishing and organizing a register of the persons for whom court rulings are +issued, whether for imposing any restrictions ordered by the court or losing their +legal competence pursuant to the provisions of the Bankruptcy Law, and +determining i ts form , the data included therein the persons that have the right to +access thereto , its requirements and other relevant judgments. +6. Submitting periodic reports to the Minister on its work, achievements, and +proposals. +7. Forming one or more sub-committee (s) fro m its members to carry out some duties +falling within its competence. In such case, the sub -committee shall submit reports +on the results of its work to the Committee for approv al. +8. Organizing and sponsoring the initiatives intended to raise public awareness +about the Bankruptcy Law and understand ing its objectives. + +" +economy and business,Cabinet Resolution No. (4) of 2018 Forming the Financial Restructuring Committee.,"Article (6) +Requirements for Financial Restructuring +Any financial institution may submit an application for Financial Restructuring to the +Committee, according to the following requirements: +1. In case the financial institution faces current or projected financial difficulties . +2. The financial institution shall not be in a status of debt payment cessation or in a +financial state of indebtedness, in accordance with the definition of the cessation +of payment and the definition of the financial indebtedness set out in the +Bankruptcy Law for a period exceeding thirty consecutive days. Cabinet Resolution of 20 18 Forming the Financial Restructuring Committee 6 + 3. The financial institution shall not be subject to preventive composition or +bankruptcy procedures . +4. The financial institution has not be en subject to Financial Restructuring +Procedure s during the year preceding the application . +5. The applicant shall provide t he Committee with the following: +a. A proof of his authorization to submit an application for the Financial +Restructuring of the financial institution. +b. A statement containing a brief description of the financial position of the +institution , as well as detailed information about its financial rights and +obligations and its employees. +c. A copy of the commercial license of the financial institution , its Memorandum +and Articles of association. +d. An assessment of the funding needs to meet the financial institution's +obligations within the (12) months following the submission of the application +and the method of the repayment of the funding it may need in cases the +funding is required . +6. Any other requirements or documents required by the Committee. + +" +economy and business,Cabinet Resolution No. (4) of 2018 Forming the Financial Restructuring Committee.,"Article (7) +Deciding on the Application +1. The Committee shall examine the application for Financial Reconstructing and the +statements attached thereto. The decision shall be made for approval or rejection +no later than fifteen (15) working days from the date of its receipt, and its decision +issued in this regard shall be final, provided that its decision is substantiat ed in case +the application is rejected . +2. The Committee may postpone its deci sion on the application if the applicant is +required , within a specified time limit , to provide additional information on the +financial and economic status of the financial institution . +3. The Committee shall include in the application approval decision an estimate d +amount to cover the costs and expenses of the expert and the method of payment . Cabinet Resolution of 20 18 Forming the Financial Restructuring Committee 7 + The Committee may decide to pay a proportion of such costs as a down payment +within a specified period before the commencement of the Financial Restructuring +Procedures . +4. The Committee shall notify the applicant , in writing , of its decision no later than +(5) five working days from the date of its issuance . + +" +economy and business,Cabinet Resolution No. (4) of 2018 Forming the Financial Restructuring Committee.,"Article (8) +1. The obligation of the debtor to the request of initiating the procedures in +accordance with the provisions of Part IV of the Bankruptcy Law shall be +suspended for the duration of the Financial Restructuring if the debtor fails to pay +its debts in due time for a period exceeding (30) consecutive days as a result of +the disturba nce of its financial position or in case it becomes in a financial state of +indebtedness after the decision of the Committee to accept the application for the +Financial Restructuring , in accordan ce with the provisions of this R esolution. +2. The provisions of Item (1) of this Article and the decision of the Committee to +approve the application for Financial Restructuring shall not prevent any of +debtor's creditors to exercise his right to submit an application to the competent +court for Financ ial Restructuring and the Bankruptcy of the debtor in accordance +with the provisions of Part IV of the Bankruptcy Law. The Financial Restructuring +shall be automatically terminated upon admission of the application by the court. + +" +economy and business,Cabinet Resolution No. (4) of 2018 Forming the Financial Restructuring Committee.,"Article (9) +Appointment of the Expert +1. The Committee shall appoint one or more expert(s) from among the experts +registered with it in accordan ce with the provisions of this R esolution if it +approves the application for Financial Restructuring . +2. The debtor may designate in the application for Financial Restructuring one or +more expert(s) referred to in Item (1) of this Article, provided that the committee +shall have the power to decide either to approve or reject the appointment of the +designated experts. Cabinet Resolution of 20 18 Forming the Financial Restructuring Committee 8 + 3. The expert who is appointed in accordan ce with the provisions of this R esolution +shall not be a creditor of the debtor , subject to his control or head thereof, has not +receive d from him during the twenty -four months prior to submitting the +Financial Restructuring application a remuneration or bonus related to the nature +of his profession or his experience, and shall not be related to him up to fourth +degree . +4. The Committee shall inform the chosen expert of its decision and the initial fees +it estimates for the assignment he is required to perform . +5. The expert shall, in the event of the acceptance of the decision of hi s appointment, +disclose to the C ommittee , in writing , any potential conflict of interests that may +affect his performance of the assignment entrusted to him as a result of the +Financial Restructuring Procedures , and he shall express that he is willing to take +up his task , provide the time and effort required to carry out his role , accept the +fees determined by the Committee and inform the Committee of any conditions +relating to his acceptance of the appointment. +6. In the event that the procedures for appointing the expert are completed in +accordance with the provisions of this Article, the Committee shall notify all +parties concerned. +7. The Committee may, either of its own volition or upon the request of the debtor , +appoint an expert from out of the roster of experts referred to in I tem (1) of this +Article , in the absence of the experts specialized in the required field in the roster +of experts. +8. The Committee may replace the expert , upon the request of the expert , of its own +volition or upon the request of the debtor , if it finds that it shall be in the interest +of the Financial Restructuring Procedures , provided that it shall determine the +rights of the expert, and its decision shall be final. +9. For justified reasons approved by the Committee, the expert may request the +appointment of one or more specialist expert (s) to deal with specific matters. + + Cabinet Resolution of 20 18 Forming the Financial Restructuring Committee 9 + " +economy and business,Cabinet Resolution No. (4) of 2018 Forming the Financial Restructuring Committee.,"Article (10) +Financial Restructuring Procedures +1. The Financial Restructuring Procedures shall commenc e from the date on which +the Committee 's decision to appoint the expert is made . +2. The expert shall inform the C ommittee within (10) working days from the date of +his appointment of the period in which the Financial Restructuring Procedures +are expected to be completed. +3. The Committee shall make a decision determining the period of the completion +of the Financial Restructuring Procedures and may , for justified reasons , extend +the period on its own or upon the request of the expert. + +" +economy and business,Cabinet Resolution No. (4) of 2018 Forming the Financial Restructuring Committee.,"Article (11) +The expert appointed in accordance with the provisions of this Resolution shall : +1. Asse ss the economic and financial status of the debtor. +2. Facilitate a consensual agreement between the debtor and its creditors and any +of its contractors . +3. Provide the debtor with the proposals in order to continue his business and retain +his employees . +4. Submit monthly reports to keep the Committee informed of the progress of +Financial Restructuring Procedures . +5. Any other tasks assigned thereto by the Committee. + +" +economy and business,Cabinet Resolution No. (4) of 2018 Forming the Financial Restructuring Committee.,"Article (12) +Debtor's Right to Manage its Business +The appointment of an expert in accordance with the provisions of this Resolution +shall not affect the right of the debtor to manage his own business , and the same shall +not relieve him from any legal or contractual obligations arising from the practice of +his business. + Cabinet Resolution of 20 18 Forming the Financial Restructuring Committee 10 + " +economy and business,Cabinet Resolution No. (4) of 2018 Forming the Financial Restructuring Committee.,"Article (13) +Termination of Financial Restructuring Procedures +Subject to the provisions of Item (3) of article (10) of this Resolution: +1. The Financial Restructuring Procedures shall be terminated if an agreement +regarding Financial Restructuring between the debtor and its creditors is reached . +2. The Committee may decide to terminate the Financial Restructuring in any of the +following cases: +a. The applicant non -payment of the fees and expenses determined by the +Committee . +b. If the expert concludes that an agreement cannot be reached between the +debtor and its creditor . +c. Upon the request of the debtor, provided that the Committee sh all ensure that +the reasons for the application for the Financial Restructuring have ceased to +exist. +3. The Committee shall inform the applicant for Financial Restructuring, in writing, of +any decision regarding the termination of the Financial Restructuring Procedures. + +" +economy and business,Cabinet Resolution No. (4) of 2018 Forming the Financial Restructuring Committee.,"Article (14) +Confidentiality of Information +All information and data related to the Financial Restructuring Procedures shall be +considered confidential and shall not be disclosed by the expert or any other person +to anybody other than the parties concerned with such procedures . + +" +economy and business,Cabinet Resolution No. (4) of 2018 Forming the Financial Restructuring Committee.,"Article (15) +Registration in the Roster of Expert s +A natural or legal person may apply for registration in the roster of experts created by +the Committee in accordanc e with the form prepared by the Committee for this +purpose. The application shall be deposited with the secretariat of the Committee. + Cabinet Resolution of 20 18 Forming the Financial Restructuring Committee 11 + " +economy and business,Cabinet Resolution No. (4) of 2018 Forming the Financial Restructuring Committee.,"Article (16) +The documents supporting the application shall be attached to the application referred +to in article (15) of this Resolution in accordance with the requirements set forth in +the Registration Form in the Experts Roster . The Committee may verify the +authenticity of such documents. + +" +economy and business,Cabinet Resolution No. (4) of 2018 Forming the Financial Restructuring Committee.,"Article (17) +The Secretary of the Committee shall submit the application for registration in the +roster of experts to the Committee in order to make a decision thereon no later than +fourteen (14) working days after verifying that the application fulfi lls the requirements +for submission. + +" +economy and business,Cabinet Resolution No. (4) of 2018 Forming the Financial Restructuring Committee.,"Article (18) +The fees of the registration in the roster of experts referred to in article (15) of this +Resolution shall be collected in accordance with Federal Law No. ( 7) of 2012 referred +to. + +" +economy and business,Cabinet Resolution No. (4) of 2018 Forming the Financial Restructuring Committee.,"Article (19) +The Committee may set certain procedures or requirement for passing specialized +courses in the field of Financial Restructuring and Bankruptcy before the registration +in the roster of experts. + +" +economy and business,Cabinet Resolution No. (4) of 2018 Forming the Financial Restructuring Committee.,"Article (20) +If the Committee rejects the application for the registration of the expert in the roster +of experts or writes off its registration therefrom , its decision shall be reasoned, and in +all cases, the decision in this regard shall be final. + + + Cabinet Resolution of 20 18 Forming the Financial Restructuring Committee 12 + " +economy and business,Cabinet Resolution No. (4) of 2018 Forming the Financial Restructuring Committee.,"Article (21) +The experts , whose registration is approved , shall be regist ered in the roster of experts . +A summary of the experts' information included in this roster shall be provided on the +elec tronic pages determined by the C ommittee. + +" +economy and business,Cabinet Resolution No. (4) of 2018 Forming the Financial Restructuring Committee.,"Article (22) +The Committee shall provide the Ministry of Justice and local authorities in each +emirate having local jurisdiction with its roster of experts, which allows them to +perform the functions set forth in the Bankruptcy Law . + +" +economy and business,Cabinet Resolution No. (4) of 2018 Forming the Financial Restructuring Committee.,"Article (23) +General Provisions +Any provision that contradicts or in conflict with the provisions of this Resolution shall +be repealed. + +" +economy and business,Cabinet Resolution No. (4) of 2018 Forming the Financial Restructuring Committee.,"Article (24) +This Resolution shall be published in the Official Gazette and shall enter into force +from the day following its issuance . + + + + + + +Mohammed bin Rashid Al -Maktoum +Prime Minister + +Issued by Us +On: 18 Jumada Al -Awwal 1439 A .H. +Corresponding to: 4 February 2018 AD " +economy and business,"Federal Law by Decree No. (22) of 2020 Concerning the Distribution of Competencies and Powers between the Securities and Commodities Authority (SCA), and The securities and commodities licensed in the State","Article (1) +The securities and commodities licensed in the State, each according to their competence, +shall solely assume all the operational and executive powers and competencies established +for the SCA, as mentioned in Federal Law No. (2) of 2015 concerning commerci al companies, +and those contained in Federal Law No. (4) of 2000 concerning the UAE SCA and Market, and +the regulations, rules and decisions issued in implementation thereof. + +" +economy and business,"Federal Law by Decree No. (22) of 2020 Concerning the Distribution of Competencies and Powers between the Securities and Commodities Authority (SCA), and The securities and commodities licensed in the State","Article (2) +Without prejudice to the text of Article 1 of this Law by Decree, the SCA shall have the +authority to regulate, monitor, and supervise securities and commodities in the State. + +" +economy and business,"Federal Law by Decree No. (22) of 2020 Concerning the Distribution of Competencies and Powers between the Securities and Commodities Authority (SCA), and The securities and commodities licensed in the State","Article (3) +For the purposes of implementing the provisions of this Law by Decree, the boards of d irectors +of the SCA, and SCA managers, shall undertake the operational and executive competencies + +Federal Law by Decree No. (22) of 2020 Concerning the Distribution of Competencies and Powers +between the Securities and Commodities Authority (SCA), and the securities and commodities licensed in +the State 2 + established for the board of directors of the SCA and the SCA CEO, as the case may be. + +" +economy and business,"Federal Law by Decree No. (22) of 2020 Concerning the Distribution of Competencies and Powers between the Securities and Commodities Authority (SCA), and The securities and commodities licensed in the State","Article (4) +The SCA shall coordinate with the markets, each within th e limits of their competence, to +transfer all regulations and data related to the market implementation of the competencies +entrusted to it under the provisions of this Law by Decree. + +" +economy and business,"Federal Law by Decree No. (22) of 2020 Concerning the Distribution of Competencies and Powers between the Securities and Commodities Authority (SCA), and The securities and commodities licensed in the State","Article (5) +The Cabinet or whomever it authorises may issue all necess ary decisions to implement the +provisions of this Law by Decree, including specifying the operational and executive powers +and competencies established for the SCA, and these decisions shall be published in the +Official Gazette. + + +" +economy and business,"Federal Law by Decree No. (22) of 2020 Concerning the Distribution of Competencies and Powers between the Securities and Commodities Authority (SCA), and The securities and commodities licensed in the State","Article (6) +The Cabinet o r whomever it authorises, upon the request of the concerned market, may form +one or more committees, whose competence and powers shall be defined in the formation +decision, to carry out the operational and executive competencies stipulated in Articles One +and Five of this Law by Decree, until all logistical arrangements at the markets are completed +to carry out these competencies. The decision to form the Committee, their competence and +powers shall be published in the Official Gazette. + + +" +economy and business,"Federal Law by Decree No. (22) of 2020 Concerning the Distribution of Competencies and Powers between the Securities and Commodities Authority (SCA), and The securities and commodities licensed in the State","Article (7) +Any te xt or provision contained in any other legislation that violates or contradicts the +provisions of this Law by Decree shall be repealed. + + + + + +Federal Law by Decree No. (22) of 2020 Concerning the Distribution of Competencies and Powers +between the Securities and Commodities Authority (SCA), and the securities and commodities licensed in +the State 3 + +" +economy and business,"Federal Law by Decree No. (22) of 2020 Concerning the Distribution of Competencies and Powers between the Securities and Commodities Authority (SCA), and The securities and commodities licensed in the State","Article (8) +This Law by Decree shall be published in th e Official Gazette and shall be enforced as of the +day following the date of its publication. + + + + + + + + + + + + + + + + +Khalifa bin Zayed Al Nahyan +President of the UAE + + + +Issued by Us at the Presidency Palace in Abu Dhabi: +Date: 10 Safar 1442 H +Corresponding to: September 27, 2020 " +economy and business,Federal Law No. (3) of 2020 Regulating the Strategic Stock of Food Commodities in the State,"Article (1) +Definitions +In application of the provisions of this Law, the following words and expressions shall have the meanings ascribed thereto unless the context requires otherwise: +State : United Arab Emirates. +Ministry : The Ministry of Economy. +Ministry : The Ministry of Economy. +The competent +Entity : The Government Federal or local Entity that is duly authorised to organise, supervise or control the strategic stock of food +commodities. +The Authority : National Emergency, Crisis and Disasters Management Authorit . +Warehouse : The place dedicated by the registered vendor to store food +commodities and save the same as a strategic stock. +Food +commodities : All food commodities as determined by the Ministry. +Strategic +Stock of Food +Commodities : All food commodities specified by its names and quantities +required to be stored subject to provisions of this Law. +Safe Stock : +The specified percentage the strategic stock of food +commodities must less than it subject to provisions of this Law. +Commodities Stock : A group of activities the provider and registered vendor perform in connection with the provision and safety of stored +Federal Law No. 3 of 2020 on Regulating the Strategic Stock of Food Commodities in the State 3 + Management commodities subject to the Resolution issued by the Minister. +Provider : The producer or importer who provides food commodities for +distributors and vendors, whether inside or outside the State. +Registered +Vendor : Any person who conducts a business in connection with food commodities and is licensed in the State for the purpose of the +application of this Law. +Register : The register where providers and vendors are recorded and +categorised. + +" +economy and business,Federal Law No. (3) of 2020 Regulating the Strategic Stock of Food Commodities in the State,"Article (2) +Applicability +Provisions of this Law shall be applicable to the provider and the registered vendor. + +" +economy and business,Federal Law No. (3) of 2020 Regulating the Strategic Stock of Food Commodities in the State,"Article (3) +Competencies of the Ministry +For the purposes of application of provisions of this Law, the Ministry shall have the +following competencies: +1. Proposing policies, plans and programs relevant to the strategic stock of food +commodities in coordination with the competent entity and to present the same to the +Cabinet for approval. +2. Coordination with the joint economic committees of States providing the commodities concerning the programs that relate to the strategic stock of food commodities. +3. Putting the plans and programs of the volume and quantity of the safe stock and +increasing the capacity of the strategic stock of food commodities in case of the increase +of demand for food commodities at the State level. +4. Preparation of reports, studies, statistics and economic assessment concerning food +commodities and estimation of the volume of consumption and determining the surplus +and shortage. +5. Preparation of databases about the production and provision of food commodities in the +Federal Law No. 3 of 2020 on Regulating the Strategic Stock of Food Commodities in the State 4 + State and countries of origin and follow up the databases of the providers. +6. Coordination and execution of policies to ensure, maintain and keep the strategic stock +of food commodities, in collaboration with the Authority and the competent entity, to +achieve a safe strategic stock of food commodities. +7. Review periodically with the competent entity to check the current balance of food +commodities at the registered vendor. +8. Supervision of databases and electronic connection preparation with respect to +warehouses, the strategic stock of food commodities and requirements of food +commodities storing. +9. Monitoring the compliance of providers and registered vendors to the laws and +instructions relevant to the execution of provisions of this Law. +10. Determining and updating a list of food commodities. +11. Determining the volume of the strategic stock of food commodities and percentage of +the safe stock. +12. Reviewing the reports of the competent entity or any other relevant entities and taking +what is required. +13. Reporting recommendations to the Minister concerning the grant of incentives and +facilities for registered vendors. +14. Submitting reports periodically to the Cabinet concerning the strategic stock of food +commodities in the State. +The Minister may form a subcommittee or committees to execute the aforementioned competencies in this Article. + +" +economy and business,Federal Law No. (3) of 2020 Regulating the Strategic Stock of Food Commodities in the State,"Article (4) +Register +The Minister shall, after coordination with the competent entity, establish a register to record and categorise providers and vendors. +Conditions and procedures of registration shall be determined by a resolution of the +Minister. + +Federal Law No. 3 of 2020 on Regulating the Strategic Stock of Food Commodities in the State 5 + " +economy and business,Federal Law No. (3) of 2020 Regulating the Strategic Stock of Food Commodities in the State,"Article (5) +Obligations of the provider and registered vendor +The provider and the registered vendor shall abide by the following: +1. Maintain the safe stock subject to the provisions of this Law. +2. Supply the strategic stock of food commodities upon request. +3. Electronic connection with the competent entity and the Authority to ensure the +continuous follow up of quantities, kinds and condition of the strategic stock of food +commodities. +4. Execution of resolutions issued by the competent entity. +5. Distribution of the strategic stock of commodities in case of emergencies, crises or +disasters according to the distribution plans prepared by the Authority in coordination +with the competent entity. + +" +economy and business,Federal Law No. (3) of 2020 Regulating the Strategic Stock of Food Commodities in the State,"Article (6) +Warehouses and Storage Conditions +The registered vendor shall manage the strategic stock of food commodities according to the +following: +1. Designation of the site, space and volume of the warehouse dedicated for the strategic stock of food commodities, provided that it shall be inside the State. +2. Informing the competent entity with the site of the warehouse. +3. Keeping and managing the strategic stock of food commodities as per specifications and +measurements approved in the State. + +" +economy and business,Federal Law No. (3) of 2020 Regulating the Strategic Stock of Food Commodities in the State,"Article (7) +Incentives and facilities +Incentives and facilities may be granted to the provider and registered vendor according to the conditions and requirements for which a Cabinet resolution shall be issued based on the +proposal of the Minister and upon coordination with the competent entity. + +Federal Law No. 3 of 2020 on Regulating the Strategic Stock of Food Commodities in the State 6 + " +economy and business,Federal Law No. (3) of 2020 Regulating the Strategic Stock of Food Commodities in the State,"Article (8) +Penalties +The application of the penalties stipulated herein shall not prejudice any more severe +penalty stipulated by any other law. + +" +economy and business,Federal Law No. (3) of 2020 Regulating the Strategic Stock of Food Commodities in the State,"Article (9) +1. Whoever violates the provision of Paragraphs (1, 2 and 4) of article (5) of this Law shall +be punished of a penalty of no less than (500.000) five hundred thousand dinars and no +more than (2.000.000) two million dinars. +2. Whoever violates the provisions of Paragraphs (3) of article (5) and article (6) of this +Law shall be punished of a penalty of no less than (100.000) five hundred thousand +dinars and no more than (1.000.000) one million dinars. +3. Whoever violates the provisions of Clause (5) of article (5) of this Law shall be punished +of a penalty of no less than (1.000.000) one million dinars and no more than +(5.000.000) five million dinars. +4. The penalties established for the violations stipulated herein shall be doubled in cases of +recidivism. + +" +economy and business,Federal Law No. (3) of 2020 Regulating the Strategic Stock of Food Commodities in the State,"Article (10) +Judicial Enforcement +Employees who are determined by a resolution by the Minister of Justice in agreement with +the Minister or the head of the competent entity shall be granted the power of judicial +officer in proving the violation of the provisions of this Law, Regulation and the resolutions +issued for its enforcement, each within their area of competence. + +" +economy and business,Federal Law No. (3) of 2020 Regulating the Strategic Stock of Food Commodities in the State,"Article (11) +Repealing the Violating Provision +Any provision contrary to or inconsistent with the provisions of this Law shall be repealed. + +Federal Law No. 3 of 2020 on Regulating the Strategic Stock of Food Commodities in the State 7 + " +economy and business,Federal Law No. (3) of 2020 Regulating the Strategic Stock of Food Commodities in the State,"Article (12) +Executive Resolutions +The Minister shall issue the resolutions necessary for the enforcement of the provisions of +this Law. + +" +economy and business,Federal Law No. (3) of 2020 Regulating the Strategic Stock of Food Commodities in the State,"Article (13) +Law Publication and Entering into Force +This Law shall be published in the Official Gazette, and it shall come into force on the day following the date of its publication. + + +Khalifah Bin Zayed Al Nahyn +UAE President + +Issued by us at the Presidential Palace in Abu Dhabi: +Date: 06 Sha'ban 1441 H +Corresponding to: 30 March 2020 + + " +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (1) +Definitions +For the purpose of applying the provisions of this Decree -Law, the following words and +expressions shall have the meanings assigned thereto respectively, unless the context +requires otherwise: +The State: : The United Arab Emirates. +The Ministry: : The Ministry of Economy. +The Minister: : The Minister of Economy. +Relevant +Authority: : The competent local authority. +Sectoral +Regulatory +Agencies: : The federal authorities empowered, under their governing legislation, +to regulate, monitor or supervise a certain economic sector in the +State. +Competit ion: : Carrying out economic activities according to the market mechanisms +without affecting or restricting such mechanisms, which would cause + +Federal Decree- Law No. (36) of 2023 Regulating Competition 2 + harms to trade, development and consumer's interest. +Relevant +Market: : A market which consists of two elements; namely: + - Relevant Products: Products comprising each goods or service or a +set of all goods or services which are regarded, by reason of their +prices, characteristics and intended use, as interchangeable or +substitutable in terms of meeting a certain need of consumers. + - Relevant Geographic Area: A physical or digital place where the +supply and demand of a product or service converge and where the +conditions of competition are similar or homogeneous. +Economic +Activity: : Every activity that is basically related to production, distribution or +supply of products and goods or provision of services in the State. +Undertaking: + : Any person that engages in an economic activity, its associated person +or any association of such persons, regardless of its legal form, +including the head office of the undertaking or branches of its +representative office. +Agreements: + : Agreements, arrangements, consortia or pract ices between two or +more undertakings, any cooperation among undertakings, or decisions +made by associations of undertakings, whether they are written or +verbal, explicit or implicit, public or confidential. +Dominant +Position: + : A position that any undertaking holds, making it capable, either +individually or in collaboration with other undertakings, of controlling +or influencing the Relevant Market. +Economic +Concentration : Any act resulting in complete or partial transfer (merger or acquisition) +of the ownership or usufruct rights of property, rights, equity, shares or +obligations of an undertaking to another, empowering the +Undertaking or a group of undertakings to directly or indirectly control +another undertaking or group of undertakings. +The +Committee : The Competition Regulatory Committee under the provisions of this +Decree -Law. + + +Federal Decree- Law No. (36) of 2023 Regulating Competition 3 + " +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (2) +Objectives of the Decree- Law +This Decree -Law is intended to protect and enhance competition and combat monopolistic +practices through the following: +1. Providing a stimulating environment for undertakings to enhance effectiveness, +competitiveness and consumer's interest and achieve a sustainable development in the +State; and +2. Maintaining a competitive market governed by market mechanisms, in line with the principle of economic freedom, by prohibiting agreements, conducts and acts that +constitute abuse of a dominant position, monitoring all economic concentrations and +avoiding any act that would distort, lessen, restrict or prevent free competition. + +" +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (3) Applicability +The provisions of this Decree -Law shall apply to all undertakings, in relation to their +economic activities in the State, to the exploitation of intellectual property rights inside and +outside the State, and to economic activities practiced outside the State and affecting competition in the State. + +" +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (4) +Exclusions +The following shall be excluded from the application of the provisions of this Decree -Law: +1. Any agreement, practice or conduct related to a specific good or service which another +law containing provisions related to the development of rules and procedures for +considering anti- competitive practices and cases of exemption and related to the +economic concentrations charges a Sectoral Regulatory Agency with developing the +competition rules thereof, unless such Sectoral Regulatory Agency requests in writing +the Ministry to undertake this matter, in whole or in part, and the Ministry agrees to the +same; +2. Undertakings owned by the Federal Government, as determined by a Cabinet resolution, + +Federal Decree- Law No. (36) of 2023 Regulating Competition 4 + at the Minister's proposal and after coordination with the Relevant Authority; and +3. Undertakings owned by a government of an emirate, which carry out their activities in +such emirate, as determined by a resolution by the local government. + +" +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (5) +Restrictive Agreements +1. There shall be prohibited agreements between undertakings, whose subject, purpose or +impact is to distort, lessen,, prevent or restrict competition, and which lead to: +a. Setting selling or purchasing prices of goods or services, directly or indirectly, by increasing, decreasing or fixing prices, contrary to the market price, in a manner that +negatively affects competition; +b. Determining the conditions of sale, purchase or service performance and the like; +c. Collusive tendering or bidding in auctions, tenders, Dutch auctions and other supply +offers; +d. Freezing or limiting production, development, distribution or marketing operations +or other economic activities; +e. Collusive refusal to purchase from a specific undertaking(s) or sell or supply to a +specific undertaking(s), and preventing or obstructing the exercise of their activity; +and +f. Restricting the free flow of goods and services to/from a specific market, including +the unlawful concealment or storage or preventing the trade of goods, or otherwise +fabricating the abundance of goods to be traded in an unreal price. +2. Subject to the provisions of Federal- Decree Law No. (3) of 2022 Regulating Commercial +Agencies, and any other replacement law, there shall be prohibited agreements between +undertakings that would distort, lessen, restrict or prevent competition, particularly agreements that are intended to: +a. Share markets or segment customers on the basis of geographical areas, distribution centers, type of customers or seasons and periods, or on any other basis that +negatively affects competition; and +b. Take actions to obstruct the entry of undertakings to the market, exclude them from + +Federal Decree- Law No. (36) of 2023 Regulating Competition 5 + the said market or obstruct accession to existing agreements or business alliances. + +" +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (6) +Abuse of Dominant Position +1. Any undertaking which, either individually or in collaboration with other undertakings, +holds a dominant position in the relevant market, or in a significant and influential part +thereof, shall be prohibited from performing any act or conduct which constitutes such +an abuse of position as its object or effect is to distort, lessen, restrict or prevent competition. Such acts and conducts may include: +a. directly or indirectly imposing prices or conditions of reselling of goods or services; +b. selling a good or providing a service at a price lower than its actual cost, with the aim +of hindering competing undertakings from entering the relevant market, excluding +them from such market, or inflicting losses thereon, which prevent them from continuing their activities; +c. unjustifiably discriminating between costumers in identical contracts in relation to +the prices or quality of goods and services or terms of their sale or purchase +contracts; +d. obliging a costumer not to deal with a competing undertaking; +e. total or partial rejection of making a transaction in accordance with usual commercial terms without any justification or objective reason; +f. unjustifiably refusing, limiting or hindering the sale or purchase of goods or services in a manner that leads to imposing unreal prices; +g. making the conclusion of a contract or agreement for the sale or purchase of goods or services subject to acceptance by the other party of supplementary obligations +related to other goods or services which, by their nature or according to commercial +usage, have no connection with the subject of the original transaction or agreement; +h. intentionally publishing incorrect information about products or their prices; +i. reducing or increasing the supply of available quantities of a product in order to +create artificial scarcity or abundance of supply; +j. controlling or limiting production, markets or technological development; + +Federal Decree- Law No. (36) of 2023 Regulating Competition 6 + k. if an undertaking unjustifiably prevents or obstructs other undertakings from +accessing its private networks, its facilities, or any physical or digital infrastructure it +owns or exploits while the same is the only, basic, and economically feasible solution +for practicing the economic activity or entering the relevant market. +2. The dominant position referred to in Clause (1) of this Article shall be established in any +of the following cases: +a. If the share of any undertaking, singly or in partnership with other undertakings, in +the relevant market exceeds the percentage of the total transactions in the relevant +market as determined by the Cabinet; +b. When having the ability to influence, which would cause harm to the relevant +market as indicated in the Executive Regulations of this Decree -Law. + +" +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (7) +Abuse of Economic Dependence +Any undertaking shall be prohibited from performing any act or conduct, which constitutes +an abuse of economic dependence in which a costumer has no alternative solutions for +marketing or supply; particularly any act or conduct whose object or purpose is to: +1. directly or indirectly impose prices or conditions of reselling of goods or services; +2. unjustifiably discriminate between costumers in identical contracts in relation to the +prices or quality of goods and services or terms of their sale or purchase contracts; +3. obliging a costumer not to deal with a competing undertaking; +4. totally or partially reject making a transaction in accordance with usual commercial +terms without any justification or objective reason; +5. unjustifiably refuse, limit or hinder the sale or purchase of goods or services in a manner +that leads to imposing unreal prices; +6. make the conclusion of a contract or agreement for the sale or purchase of goods or +services subject to acceptance by the other party of supplementary obligations related to +other goods or services which, by their nature or according to commercial usage, have +no connection with the subject of the original transaction or agreement; +7. control or limit production, markets or technological development. + +Federal Decree- Law No. (36) of 2023 Regulating Competition 7 + " +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (8) +Prohibition of Predatory Pricing +1. In accordance with the controls established by the Executive Regulations hereof, setting +or applying prices of selling to consumers which are excessively lower than the costs of +production, manufacturing and marketing shall be prohibited when the goal or result of +such practice is to drive an undertaking or one of its products out of the relevant market +or to prevent such undertaking or one of its products from entering the relevant market. +2. Making general price cuts as provided for in Federal Law No. (15) of 2020 on Consumer Protection, as amended, and its Executive Regulations, or any other replacement law, or +the liquidation of commercial shops shall be exempt from the provisions of Clause (1) of +this Article. +3. The Cabinet may, upon the Minister's proposal, exempt any price cuts or sales +quotations that are excessively low, in line with the requirements of the economic status. + +" +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (9) +Exemptions +1. Agreements or practices which the relevant undertakings prove to be necessary for +promoting economic development, improving the undertakings' performance and +competitiveness, developing production or distribution systems or brining certain +benefits to the consumer, provided that they do not result in: +a. Imposing limitations or restrictions that go beyond what is necessary to achieve the objectives mentioned in Clause (1) of this Article; +b. Completely eliminating competition in the relevant market or a significant part +thereof. +2. The relevant undertakings shall give the Ministry notice of the agreements or practices +referred to in Clause (1) of this Article on the form designated for this purpose, and +attach the documents determined by the Executive Regulations of this Decree -Law. +3. The exemption referred to in Clause (1) of this Article shall be granted by a reasoned +resolution of the Minister or his authorized representative, based on the Committee's + +Federal Decree- Law No. (36) of 2023 Regulating Competition 8 + recommendation, in accordance with article (10) of this Decree -Law. +4. The relevant undertakings shall notify the Ministry of any draft amendment to the +agreements or practices referred to in Clause (1) of this Article, for which they are +previously granted an exemption, within (30) thirty days from the date of drafting such +amendment. +5. The Executive Regulations of this Decree -Law shall lay down the rules of giving notices +and documents to be attached to the application for obtaining an exemption or draft amendment. + +" +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (10) +Exemption Resolution issued by the Minister +1. The Minister or his authorized representative shall issue the resolution referred to in Clause (1) of article (9) of this Decree -Law within (90) ninety days, and such period may +be extended for another (45) forty -five days from the date of receiving the notice which +shall meet the required conditions and contain the required documents. Failure to issue +a resolution by the Minister regarding the expiration of the said period shall be deemed +as a rejection of such agreements or practices. +2. Upon completion of the formal examination of the application and the supporting data and documents, the Ministry shall a notice of the fulfillment of the formal requirements +of the application. +3. The Ministry shall examine the application to verify whether the conditions stipulated in +Clauses (1) and (2) of article (9) of this Decree -Law are met. +4. The Minister or his authorized representative may specify the duration of the exemption issued under this Article or make such exemption subject to periodic review. +5. The Minister or his authorized representative may issue a reasoned resolution on the +notices given in accordance with the provisions of article (9) of this Decree -Law as +follows: +a. Approving or rejecting agreements or practices and their amendments; +b. Approving the enforcement of agreements or practices and their amendments, provided that the relevant undertakings commit to implement the conditions and + +Federal Decree- Law No. (36) of 2023 Regulating Competition 9 + obligations determined by the Minister or his authorized representative. +6. The Minister or his authorized representative shall issue a resolution cancelling the +approval of the exemption in any of the following cases: +a. If it becomes clear that the circumstances and reasons for which the approval has +been issued no longer exist. +b. If the relevant undertak ings fail to fulfill the conditions and requirements based on +which the approval has been granted. +c. If it becomes clear that the information based on which the approval has been issued +is misleading or incorrect. + +" +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (11) +Exemption of Certain Contract Categories +Categories of contracts and related economic activities, which are necessary for promoting +economic development, improving the undertakings' performance and competitiveness, +developing production or distribution systems or brining certain benefits to the consumer, +may be exempt from the application of the provisions of Articles (5), (6), (7) and (8) of this +Decree- Law, by virtue of a resolution of the Minister or his authorized representative in +coordination with the Relevant Authority, provided that they do not result in completely +eliminating competition in the relevant market or a significant part thereof. + +" +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (12) +Conditions of Economic Concentration +1. In order to complete economic concentration operations that would affect the level of +competition in the relevant market, and in particular create or strengthen a dominant +position, the relevant undertakings shall submit an application on the form designated +for this purpose to the Ministry at least (90) ninety days prior to the completion thereof and shall attach the required documents, if any of the following conditions is met: +a. The total value of annual sales of such undertakings in the relevant market, for the +last fiscal year, shall exceed the amount determined by the Cabinet, upon the + +Federal Decree- Law No. (36) of 2023 Regulating Competition 10 + Minister's proposal. +b. The total share of such undertakings shall exceed the percentage of the total +transactions in the relevant market during the last fiscal year, as determined by the +Cabinet. +2. The Executive Regulations of this Decree -Law shall establish the controls of submitting +the application for economic concentration, the documents to be attached thereto, and +its examination mechanisms. + +" +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (13) +Verifying the Economic Concentration Operations +1. The Ministry shall verify the economic concentration operations referred to in Article +(12) hereof in accordance with the procedures identified by the Executive Regulations of +this Decree- Law. +2. The Minister or his authorized representative shall issue the resolution referred to in +article (12) hereof within (90) ninety days, and such period may be extended for another +(45) forty -five days from the date of receiving the complete application which shall meet +the required conditions. During the said period, the relevant undertakings shall not +perform any acts or procedures to complete economic concentration operations. The failure to issue a resolution by the Minister or his authorized representative shall be deemed as a rejection of the economic concentration operations. +3. The relevant undertakings may submit, on their own initiative, an undertaking to take measures intended to eliminate the harmful impact on competition resulting from an +economic concentration when submitting the application or within a period not +exceeding (30) thirty days from the date of receiving the complete application which +shall meet the required conditions. +4. The Ministry may request stakeholders to express their opinion about the economic +concentration by publishing its basic information on the Ministry's website. The +Executive Regulations of this Decree -Law shall determine the time limit and controls of +requesting the stakeholders to express their opinions. +5. Every stakeholder shall have the right to provide the Ministry with any data or + +Federal Decree- Law No. (36) of 2023 Regulating Competition 11 + documents concerning the economic concentration examined by the Ministry, and the +Executive Regulations of this Decree -Law shall determine the time limit and controls of +submitting such data and documents. +6. Every stakeholder shall have the right to file an appeal with the Ministry about an economic concentration examined by the Ministry. The Executive Regulations of this +Decree- Law shall determine the time limit and controls of submitting such appeal. +7. The Ministry may request any additional information or documents related to the +economic concentration. + +" +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (14) +Interruption of Time Limits of Considering the Economic Concentration +1. Time limits of considering applications for approval of economic concentrations stipulated in article (13) of this Decree -Law shall be interrupted in any of the following +cases: +a. When the Ministry requests the relevant undertakings to provide additional +information to verify the economic concentration in accordance with the provisions +of Clauses (4), (5) and (7) of article (13) hereof; +b. When the Ministry requests a technical opinion or additional information in accordance with the provisions of Clause (2) of article (19) and Clause (2) of Article +(20) hereof; or +c. When an appeal is filed by a stakeholder in accordance with the provisions of Clause +(6) of article (13) hereof. +2. Time limits of considering the economic concentration shall begin to run again after the Ministry receives the data and information requested from the relevant undertakings or +the Relevant Authorities in accordance with Clause (1) of this Article. + + +" +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (15) +Deciding on Applications for Economic Concentration +1. The Minister or his authorized representative may take a reasoned decision on + +Federal Decree- Law No. (36) of 2023 Regulating Competition 12 + applications for economic concentration submitted in accordance with the provisions of +Articles (12) and (13) of this Decree -Law, as follows: +a. Approving the economic concentration if it does not adversely affect competition or +it has economic benefits that outweigh any adverse effects on competition; +b. Approving the economic concentration, provided that the relevant undertakings +pledge to implement the conditions and obligations pledged thereby or determined by the Minister for this purpose; +c. Rejecting the economic concentration; +d. Announcing that the conditions stipulated in article (12) of this Decree -Law do not +apply to the economic concentration. +2. The Minister or his authorized representative shall issue a resolution cancelling the +approval referred to in Clause (1) of this Article if any of the cases referred to in Clause +(6) of article (10) of this Decree -Law is found. + +" +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (16) +Competition Regulatory Committee +There shall be formed, pursuant to this Decree -Law, a committee to be known as ""the +Competition Regulatory Committee"", which shall report to the Minister. The Committee's formation and rules of procedure shall be determined by a resolution to be issued by the +Cabinet, upon the Minister's proposal. + +" +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (17) +Competences of the Competition Regulatory Committee +The Competition Regulatory Committee shall have the following competences: +1. Proposing the general policy for protecting competition in the State, and presenting it to +the Minister to take necessary actions; +2. Scrutinizing issues related to the application of the provisions of this Decree -Law, and +making recommendations thereon to the Minister; +3. Proposing legislation and procedures of protecting competition, and presenting them to + +Federal Decree- Law No. (36) of 2023 Regulating Competition 13 + the Minister; +4. Making recommendations to the Minister on exempting practices in accordance with +the provisions of Articles (9) and (10) of this Decree -Law; +5. Preparin g an annual report on the Committee's activities to be presented to the Minister; +and +6. Any other matters related to competition protection entrusted therewith by the Minister, +or Federal Authorities or Relevant Authorities in the State. + +" +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (18) +Competences of the Ministry +The Ministry shall have the following competences related to competition affairs: +1. Implementing the competition policy in cooperation with the Relevant Authorities in the State; +2. Coordinating with the Relevant Authorities in the State to combat any form of activities +or practices in breach of the provisions of this Decree -Law; +3. Preparing a register of notices and complaints; +4. Collecting information about, and investigating, anti- competitive practices, conducting +investigations, based on a complaint or at its own initiative, addressing such practices in +cooperation with the Relevant Authorities, and making recommendations to the Minister on the decisions to be taken in this regard to take the actions he deems +appropriate; +5. Receiving complaints about decisions issued by the Minister or his authorized +representative pursuant to this Decree -Law and taking appropriate actions thereon. +6. Conducting studies and collecting information and data related to competition in the markets and issuing reports thereon in cooperation with the Relevant Authorities; and +7. Any other tasks in relation to competition assigned thereto by the Cabinet. + + + + +Federal Decree- Law No. (36) of 2023 Regulating Competition 14 + " +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (19) +Obligations of Ministry's Employees and Committee Members +1. For the purposes of applying the provisions of this Decree -Law, the Ministry's employees +shall: +a. take adequate measures to protect the confidentiality of information which the +Ministry has access to or businesses provide to the Ministry, and the disclosure of +which could cause serious harm to the commercial interests of the businesses or +their owners or conflict with the public interest; and +b. not disclose information to which the Ministry has access except to persons concerned or at the request of the Relevant Authorities. +2. Members of the Committee mentioned in article (16) of this Decree -Law shall perform +the obligations of the Ministry's employees set out in this Article. + +" +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (20) +Requesting Technical Opinions +1. The Ministry may request the Relevant Authorities and Sectoral Regulatory Agencies to provide it with a technical opinion about: +a. The practices and actions covered by the provisions of this Decree -Law, based on +complaints filed therewith or under automatic investigative procedures; +b. Applications for exemption or economic concentration of the relevant undertakings. +2. The Relevant Authority or Sectoral Regulatory Agencies, as the case may be, shall +provide the Ministry with their opinions within one month from the date of receiving the +request for a technical opinion in accordance with Clause (1) of this Article. +3. The Executive Regulations of this Decree -Law shall establish the controls of requesting +technical opinions from the Relevant Authorities and Sectoral Regulatory Agencies. + +" +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (21) +Coordination between the Ministry and Relevant Authorities +1. The Relevant Authority shall consider anti- competitive practices, related exemption + +Federal Decree- Law No. (36) of 2023 Regulating Competition 15 + applications, and applications for approval of economic concentration that would affect +competition and the general balance of the relevant market at the Emirate level if the +following two conditions are met: +a. The relevant undertakings shall be situated only in the same emirate. +b. The impact of such practices shall not go beyond the borders of the emirate. +2. Subject to Clause (1) of this Article, the Relevant Authority shall inform the Ministry of its +consideration of anti- competitive practices, related exemption applications, and +applications for approval of economic concentration. The Ministry may take part with +the Relevant Authority in considering the same. +3. Subject to Clause (1) of this Article, the Relevant Authority shall consider +anti- competitive practices, related exemption applications, and applications for approval +of economic concentration in accordance with the same procedures and requirements +stipulated in this Decree -Law and its Executive Regulations, and it shall inform the +Ministry of any decision taken thereon. +4. The Executive Regulations of this Decree -Law shall establish the controls and +procedures for considering anti- competitive practices, related exemption applications, +and applications for approval of economic concentration by the Relevant Authorities. + +" +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (22) +Coordination between the Ministry and Sectoral Regulatory Agencies +1. Sectoral Regulatory Agencies having no law or bylaws regulating th eir own competition +rules may consider anti- competitive practices, related exemption applications, and +applications for approval of economic concentration that would affect competition and +the general balance of the relevant sector, at a written request for undertaking such task +to be submitted to the Ministry and subject to the approval thereof by the Ministry. The +Ministry may take part with the Sectoral Regulatory Agency in considering the same. +2. The Sectoral Regulatory Agency shall consider the case set forth in Clause (1) of this Article in accordance with the same procedures and requirements stipulated in this Decree- Law and its Executive Regulations, and it shall inform the Ministry of any +decision taken thereon. + +Federal Decree- Law No. (36) of 2023 Regulating Competition 16 + 3. The Executive Regulations of this Decree -Law shall establish the controls for considering +anti- competitive practices, related exemption applications, and applications for approval +of economic concentration by the Sectoral Regulatory Agencies. + +" +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (23) +Administrative Penalties +The Cabinet shall issue a resolution on the administrative penalties that the Ministry or the +Relevant Authority, as the case may be, may impose on any undertaking when it violates any +of the provisions of this Decree -Law, its Executive Regulations or the resolutions issued in +implementation thereof. + +" +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (24) +Penalties +1. Whoever violates the provisions of Articles (5), (6), (7) and (8) and Clauses (2) and (4) of +article (9) of this Decree -Law shall be punished by a fine of not less than (AED 100,000) +one hundred thousand dirhams and not more than (10%) ten percent of the annual total sales realized by the violating undertaking in the State during the last ending fiscal year. +2. If the annual total sales realized by the violating undertaking in the State during the last +ending fiscal year cannot be computed, the penalty shall be a fine of not less than (AED +500,000) five hundred thousand dirhams and not more than (AED 5,000,000) five +million dirhams. + +" +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (25) +1. Whoever violates the provisions of article (12) of this Decree -Law shall be punished by a +fine of not less than (2%) two percent and not more than (10%) ten percent of the annual total sales of goods or service revenue subject of the violation realized by the +violating undertaking in the State during the last ending fiscal year. +2. If the annual total sales or revenue realized by the violating undertaking in the State +during the last ending fiscal year cannot be computed, the penalty shall be a fine of not + +Federal Decree- Law No. (36) of 2023 Regulating Competition 17 + less than (AED 500,000) five hundred thousand dirhams and not more than (AED +5,000,000) five million dirhams. + +" +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (26) +Any relevant undertaking that violates the provisions of Clause (2) of article (13) hereof shall be punished by a fine of no less than (AED 50,000) fifty thousand dirhams and not +more than (AED 500,000) five hundred thousand dirhams. + +" +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (27) +Whoever prevents the employees concerned with enforcing the provisions of this +Decree- Law from performing their duties in accordance with the powers granted thereto +pursuant to the provisions of this Decree -Law and its Executive Regulations, withholds +information and data that would serve the investigation process or provides or destroys misleading information and data shall be punished by a fine of not less than (AED 50,000) +fifty thousand dirhams and not more than (AED 500,000) five hundred thousand dirhams. + +" +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (28) +Whoever violates the provisions of article (19) of this Decree -Law shall be punished by a +fine of not less than (AED 50,000) fifty thousand dirhams and not more than (AED 200,000) +two hundred thousand dirhams. + +" +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (29) +Upon rendering a judgment of conviction, the court may order the closure of the +undertaking for a period of not less than (3) three months and not more than (6) six months. +Furthermore, the court may order that the wording of its judgment be published once or +twice in at least two local daily newspapers at the expense of the violator. + +" +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (30) +1. The imposition of the penalties prescribed herein shall not prejudice any more severe + +Federal Decree- Law No. (36) of 2023 Regulating Competition 18 + penalties prescribed in any other law. +2. The imposition of the penalties prescribed herein shall not prejudice the right of the +injured party to have recourse to the court to claim damages arising from violating any of +the provisions of this Decree -Law. + +" +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (31) +Competition -Related Actions +Competition -related actions shall be heard summarily, and the competent court may render +a decision of stay or suspension of any conduct until a final judgment is delivered. + +" +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (32) +Filing Complaints about Violations +Any stakeholder may file a complaint with the Ministry or the Relevant Authority about any +violation of the provisions hereof, in accordance with the controls established by the +Executive Regulations of this Decree -Law and the resolution issued in implementation +hereof. + +" +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (33) +Instituting Criminal Actions and Reconciliation +1. Except as provided for in article (28) of this Decree -Law, the criminal action related to +the crimes stipulated in this Decree -Law may not be instituted, except at a written +request of the Minister or his authorized representative. +2. The Minister or his authorized representative may reconcile with the violator with respect to any of such acts before bringing the criminal action to the court. The +reconciliation shall be made against the payment of an amount not less than double the +minimum fine, and the Executive Regulations of this Decree -Law shall establish the +reconciliation rules. + + + +Federal Decree- Law No. (36) of 2023 Regulating Competition 19 + " +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (34) +Complaints and Appeals about Decisions +1. Any stakeholder may file a written complaint about any decision issued pursuant to the +provisions of this Decree -Law with the Minister, the chairman of the Relevant Authority +or the chairman of the Regulatory Agency, as the case may be, within (15) fifteen +working days from the date of being notified of the decision or procedure subject of the +complaint. The complaint shall be accompanied by all supporting documents and +papers. It shall be decided upon within (30) thirty days from its filing date, the decision +issued thereupon shall be final, and failure to respond within the aforementioned period +shall be regarded as a dismissal of the complaint. +2. The complainant may appeal the decision dismissing the complaint before the +competent court within (30) thirty days from the date of being notified of this decision or +the lapse of the time limit of deciding upon the complaint without giving notice to the complainant. +3. In all cases, no appeal shall be filed with the court unless a complaint about the decision +is filed and a decision dismissing the complaint is issued or the time limit stipulated in +Clause (2) of this Article elapses without giving notice to the complainant. + +" +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (35) +Law Enforcement Officers +Employees to be identified by a resolution of the Minister of Justice or the president of the +judicial authority, as the case may be, in agreement with the Minister, the Relevant Authority +and the Sectoral Regulatory Agency, as the case may be, each within the respective area of +competence, shall have the capacity of law enforcement officers to detect and prove +violations of the provisions of this Decree -Law and the regulations and resolutions issued in +implementation hereof. + + + + +Federal Decree- Law No. (36) of 2023 Regulating Competition 20 + " +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (36) +Fees +The Cabinet shall issue, upon proposal of the Minister of Finance, a resolution determining +the fees required for implementing the provisions of this Decree -Law. + +" +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (37) +Limitation and Prescriptive Periods of Complaints +The prescriptive period of complaints about anti- competitive practices shall be (5) five years +from the date of their commission, except for the practices proven to continue and whose +effects harmful to competition last for more than (5) five years. + +" +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (38) +Executive Regulations +The Cabinet shall issue the Executive Regulations of this Decree -Law within (6) six months +from its date of entry into force. + +" +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (39) +Repeals +1. Federal Law No. (4) of 2012 Regulating Competition and any provision inconsistent with +or repugnant to the provisions of this Decree -Law are hereby repealed. +2. The regulations and resolutions issued pursuant to the provisions of Federal Law No. (4) of 2012, including the Resolution Forming the Competition Committee, shall remain in +force until they are replaced by others in accordance with the provisions hereof. + + + + + + +Federal Decree- Law No. (36) of 2023 Regulating Competition 21 + " +economy and business,Federal Decree-Law No. (36) of 2023 Regulating Competition,"Article (40) +Publishing and Entry into Force +This Decree -Law shall be published in the Official Gazette and shall enter into force (3) three +months following its publishing date. + + + +Mohamed bin Zayed Al Nahyan +President of the United Arab Emirates + + +Issued by us in the Presidential Palace, Abu Dhabi +On: 13 Rabi' al- Awwal 1445 AH; +Corresponding to 28 September 2023 AD + " +economy and business,Cabinet Resolution No. (55) of 2021 Determining the List of Activities with a Strategic Impact,"Article (1) +Definitions +In implementing the provisions of this Resolution, the following words and phrases shall have +the meaning assigned to each of them , unless the context requires otherwise: +State : United Arab Emirates. +Competent Authority : The authority competent for companies’ affairs at the +concerned emirate. +Regulatory Authority : The federal authority concerned with regulating the activity +with a strategic impact. +Committee : The Committee of Activities with a strategic impact. +List of Activities with a +strategic Impact : The list that includes the activities subject to the necessary +controls for licensing companies that engage in any of these +activities in accordance with the requirements and +conditions of the Regulatory Authority. Cabinet Resolution of 20 21 Determining the List of Activities with a Strategic Impact 2 + Foreign Investor : A natural or legal person who doesn’t carry the nationality +of the State and invests in the State. + +" +economy and business,Cabinet Resolution No. (55) of 2021 Determining the List of Activities with a Strategic Impact,"Article (2) +List of Activities with a Strategic Impact +1. The list of activities with a strategic impact and the controls for licensing companies that +engage in any of these activities shall be determined as shown in the following table: +# Activity Regulatory +Authority Conditions & Controls +1 Security and +Defense +Activities and +Activities of +Military nature Ministry of Defense +and Ministry of +Interior Subject to the approval and requirements +of the Ministry of Defense or Ministry of +Interior – each in its own field – in terms +of: +a. Determining the percentage of +national participation and/or +percentage of the foreign +investor’s participation in the +capital . +b. Determining the percentage of +national participation and/or +percentage of the foreign +investor’s participation in +membership of board of directors +(if applicable). +c. Any other conditions or controls +deemed by the Ministry of +Defense or the Ministry of +Inte rior. Cabinet Resolution of 20 21 Determining the List of Activities with a Strategic Impact 3 + +2 Banks, Exchange +Houses, Finance +Companies and +Insurance +Activities +Central Bank of the +United Arab Emirates Subject to the approval and requirements +of the United Arab Emirates Central Bank +in terms of: +a. Determining the percentage of +national participation and/or +percentage of the foreign +investor’s participation in the +capital. +b. Determining the percentage of +national participation and/or +percentage of the foreign +investor’s participation in +membership of board of directors +(if applicable). +c. Any other conditions or controls +deemed by Central Bank. + 3 Money Printing +4 Telecoms Public Authority for +the Regulation of the +Telecommunications +Sector and the +Digital Government Subject to the approval and requirements +of the Public Authority for the Regulation +of the Telecommunications Sector and +the Digital Government in terms of: +a. Determining the percentage of +national participation and/or +percentage of the foreign +investor’s participation in the +capital. Cabinet Resolution of 20 21 Determining the List of Activities with a Strategic Impact 4 + b. Determining the perc entage of +national participation and/or +percentage of the foreign +investor’s participation in +membership of board of directors +(if applicable). +c. Any other conditions or controls +deemed by the Authority. + +5 Pilgrimage (Hajj) +and Umra +Activities +Public Autho rity for +Islamic Affairs and +Endowments Subject to the approval and requirements +of the General Authority of Islamic Affairs +and Endowments in terms of: +a. Determining the percentage of +national participation and/or the +percentage of the foreign +investor’s pa rticipation in board of +directs (if applicable). +b. Any other conditions or controls +deemed by the Authority. 6 Quran +Memorization +Centers + +2. List of activities with a strategic impact with a determine percentage of national participation +in it: +# Activity Conditions & Controls +7 Services related to fisheries The percentage of national participation in +this activity shall be 100% + + Cabinet Resolution of 20 21 Determining the List of Activities with a Strategic Impact 5 + " +economy and business,Cabinet Resolution No. (55) of 2021 Determining the List of Activities with a Strategic Impact,"Article (3) +Procedures to Approve the Licensing of Companies that Engage in Any of the +Activities with a Strategic Impact +1. A foreign investor – who wishes to engage in an activity with a strategic impact in accordance +with clause (1) of article (2) of this resolution – shall submit the license application to the +competent authority in accordance with the controls and conditions stipulated in federal and +local legislation related to the activity. +2. The competent authority shall submit the application to the regulatory auth ority within a +timeframe that doesn’t exceed (5) working days from the date of receiving an application +meeting the requirements in accordance with the provisions of clause (1) of this article. +3. The regulatory authority shall issue – within a maximum period of (14) fourteen working +days from the date of receiving the application or of fulfilling all the conditions and +requirements in accordance with clause (2) referenced above – its decision as per the +following: +a. Approval of the application and determining t he percentage of national participation, and +any controls and conditions deemed by the authority in accordance to clause (3) of this +article. +b. Rejection. +4. The regulatory authority shall notify its decision to the competent authority in order to take +the appr opriate procedure in accordance with the conditions stipulated in clause (3) of this +article. + +" +economy and business,Cabinet Resolution No. (55) of 2021 Determining the List of Activities with a Strategic Impact,"Article (4) +Amending Ownership in Activities with a Strategic Impact +Companies, licensed in any of the activities with a strategic impact, shall abide by all th e +applicable legislation in the State. + + Cabinet Resolution of 20 21 Determining the List of Activities with a Strategic Impact 6 + " +economy and business,Cabinet Resolution No. (55) of 2021 Determining the List of Activities with a Strategic Impact,"Article (5) +Reports +The competent authority shall submit to the committee, periodically and every three months, a +report of the licensed projects with a strategic impact and any amendments that may occur in +terms of ownership or shareholders. + +" +economy and business,Cabinet Resolution No. (55) of 2021 Determining the List of Activities with a Strategic Impact,"Article (6) +Publication and Enforcement +This Resolution shall be published in the official gazette and shall come into force as of +01/06/2021. + + + + + + + + + + + +Mohammed bin Rashid Al -Maktoum +Prime Minister + +Issued by us, +On: 18 Shawwal 1442 A .H. +Corresponding: 30 May 2021 AD " +economy and business,"Federal Law No.(11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping","Article (1) +In application of the prov isions of this Law, the following words and expressions shall have +the meanings assigned thereto respectively, unless the context requires otherwise: +The State : The United Arab Emirates. +The Ministry : The Ministry of Industry and Advanced Technology. +The Minister : The Minister of the Ministry. +The Competent Ministry : The competent local authority in each emirate. +The Committee : The Committee for Controlling Trading in Precious Metals and Stones. +Hallmarking : Stamping precious metals with a mark indicating their type, legal standard of fineness and level of purity +Official Hallmark : The Hallmark approved in the State by the Ministry. +Foreign Hallmark : The Foreign Hallmark recognized by the Ministry. +Registered Body : The local or foreign government body registered with the Ministry. +Accredited Body : The body that meets the requirements of the Emirates National Ac- +creditation System (ENAS) in accordance with the Law on the Es- +tablishment of the Ministry of Industry and Advanced Technology. +Federal Law No. (11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping 3 + Hallmarking Body : The body accredited or registered with the Ministry to stamp the +precious metals with the official hallmark. +Certification Body : The body accredited or registered with the Ministry for certification in the field of precious metals and stones. +Precious Metals : Gold, silver, platinum, and platinum -group metals, whether in the +form of wrought or unwrought articles. +Precious Stones : Natural organic and inorganic gemstones, artificial gemstones and semi -precious stones set out in the Executive Regulations of this +Law +Wrought Articles : Each piece wholly or partly made of a precious metal of purity not +lower than the standards of purity specified in the Executive Regu- +lations of this Law. Such articles shall also include alloys, medals +and internationally circulated coins, coins that no longer have fi- +nancial value or coins that have historical value. +Unwrought Arti- +cles : Unmanufactured precious metal alloys. +Articles of Low Fineness or Articles +of Low Purity : Each piece of precious metal of purity lower than the standards of +purity specified in the Executive Regulations of this Law. +Inlaid Articles : Each piece of precious metal or others inlaid with precious metals +or stones. +Plated Articles : Each piece of precious or non -precious metal plated with a precious +metal. +Legal Standards of +Fineness : the figures showing the ratio of the pure precious metal in wrought or unwrought articles as well as the number of parts or fractions per +thousand of pure metal by mass in such articles. +Millesimal : One part per thousand (1/1000). +Certificate : A document issued by the accredited or registered body, which +contains identification details of precious stones, pieces of jewelry +Federal Law No. (11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping 4 + or precious metals in accordance with the resolutions issued in im- +plementation of the provisions of this Law. +Identification Card : A card which is affixed, placed or attached to the precious stones, a piece of jewelry or wrought precious metals that cannot be hall- +marked, and contains identification details of such stones and met- +als in accordance with the international standards defined by the +Executive Regulations of this Law. + +" +economy and business,"Federal Law No.(11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping","Article (2) +Legal standards of fineness of precious metals licensed pursuant to the provisions of this +Law shall be determined as follows: +A. Gold Jewelry: +a. 24 karat gold, which is the pure gold and has a millesimal fineness of 999. +b. 22 karat gold, which has a millesimal fineness of 916. +c. 21 karat gold, which has a millesimal fineness of 875. +d. 18 karat gold, which has a millesimal fineness of 750. +e. 16 karat gold, which has a millesimal fineness of 666. +f. 14 karat gold, which has a millesimal fineness of 583. +g. 12 karat gold, which has a millesimal fineness of 500. +B. Silver Jewelry: +a. Standard of fineness of 999, which is the pure silver and has a millesimal fineness of +999. +b. Standard of fineness of 925, which has a millesimal fineness of 925. +c. Standard of fineness of 835, which has a millesimal fineness of 835. +d. Standard of fineness of 830, which has a millesimal fineness of 830. +e. Standard of fineness of 800, which has a millesimal fineness of 800. +C. Platinum Jewelry: +a. Standard of fineness of 999, which is the pure platinum and has a millesimal fineness +of 999. +Federal Law No. (11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping 5 + b. Standard of fineness of 950, which has a millesimal fineness of 950. +c. Standard of fineness of 900, which has a millesimal fineness of 900. +d. Standard of fineness of 850, which has a millesimal fineness of 850. +The Cabinet may add other legal standards of fineness, upon the proposal of the Minister of +Industry and Advanced Technology, if necessary. + +" +economy and business,"Federal Law No.(11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping","Article (3) +The Executive Regulations of this Law shall determine the precious stones and platinum -group metals in accordance with the international standards. + +" +economy and business,"Federal Law No.(11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping","Article (4) +Sale, offering for sale or possession for the purpose of sale of wrought articles shall be +prohibited unless they are stamped with the official hallmark or the foreign hallmark. If +there is insufficient space on an article to be hallmarked, such article shall be accompanied +by the Identification Card. + +" +economy and business,"Federal Law No.(11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping","Article (5) +Precious metals, whether wrought or unwrought and precious stones may not be exported +unless they are accompanied by the certificate or identification card as determined by the +Executive Regulations of this Law. + +" +economy and business,"Federal Law No.(11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping","Article (6) +The following shall not be covered by the provisions of hallmarking stipulated in this Law: +1. Unwrought Articles; +2. Official coins that no longer have exchange value or that have historical value or official +medals of precious metals or inlaid metals that are offered or sold; +3. Antiques of historical and artistic value; +4. Equipment, tools and their parts used for the purposes of scientific, industrial or medical +research; +Federal Law No. (11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping 6 + 5. Alloys not earmarked for sale, provided that they are accompanied by the certificate; +6. Articles of gold or platinum, and platinum -group metals of weight lower than one gram, +and articles of silver of weight lower than five grams; +7. Precious metals fit for smelting and recycling and not fit for offering for sale or use; +8. Any other articles exempted by a resolution of the Cabinet upon the proposal of the +Minister. + +" +economy and business,"Federal Law No.(11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping","Article (7) +1. The Official Hallmark shall contain the following elements: +A. A mark denoting the type of the precious metal in accordance with the Executive +Regulations of this Law. +B. The standard of fineness or purity of the precious metal in accordance with the +Regulations of this Law. +C. The distinctive shape approved by the Ministry, which indicates the hallmarking +body. +2. The Executive Regulations of this Law shall determine the mechanism and conditions of +hallmarking and issuance of certificates of precious metals and stones. + +" +economy and business,"Federal Law No.(11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping","Article (8) +The Executive Regulations of this Law shall regulate the provisions of trading in articles of low fineness, articles of low purity, inlaid articles and plated articles and the minimum size +or weight of the precious stones, which do not require identification card or certificate. + +" +economy and business,"Federal Law No.(11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping","Article (9) +If a wrought article contains precious stones, it shall be accompanied by the identification +card or certificate showing the details of such stones in accordance with the Executive +Regulations of this Law. + + +Federal Law No. (11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping 7 + " +economy and business,"Federal Law No.(11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping","Article (10) +1. Plated wrought articles shall be stamped with the hallmark of the same wrought article. +2. If more than half the weight of the wrought article is made of a precious metal and the +remaining of the wrought article is made of another precious metal or more, the wrought +article shall be stamped with the hallmark of the heavier precious metal. + +" +economy and business,"Federal Law No.(11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping","Article (11) +It shall be prohibited to sell precious stones as individual pieces, offering or possessing the +same for the purpose of sale unless they are accompanied by the identification card or +certificate showing the details of such stones as determined by the Executive Regulations of +this Law. + +" +economy and business,"Federal Law No.(11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping","Article (12) +The solder may not be used for the purpose of increasing the weight of a wrought article. +Legal standards of fineness of solders to be used in wrought articles and the ratio thereof to +the total weight of such articles shall be determined by a resolution of the Chairman in +coordination with the competent Ministry. + +" +economy and business,"Federal Law No.(11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping","Article (13) +1. No body may engage in the activity of hallmarking or certification of precious metals or stones unless such body is accredited or registered with the Ministry. +2. The Executive Regulations of this Law shall determine the required conditions for +accrediting and registering the hallmarking bodies and certification bodies in the field of precious metals or stones in the State. + +" +economy and business,"Federal Law No.(11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping","Article (14) +The Minister shall, in coordination with the competent Ministry, issue a resolution +recognizing the official hallmarks of foreign states. + +Federal Law No. (11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping 8 + " +economy and business,"Federal Law No.(11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping","Article (15) +It shall be prohibited to hold exhibitions for wrought articles or precious stones without +obtaining a license from the competent Ministry in accordance with the conditions and +procedures specified by the Executive Regulations of this Law. + +" +economy and business,"Federal Law No.(11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping","Article (16) +1. The hallmarking body shall be competent to determine the ratio of the pure precious +metal in the article to be assayed or hallmarked and identify its type in terms of being +wrought or unwrought. +2. The certification body shall be competent to identify the type and specifications of the +precious stones. + +" +economy and business,"Federal Law No.(11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping","Article (17) +1. There shall be formed, under a resolution of the Cabinet upon the proposal of the +Minister and in coordination with the competent Ministry, a committee of experts and +specialists to be known as the ""Committee for Controlling Trading in and Hallmarking +Precious Metals and Stones"". +2. The Committee may seek assistance of experts and specialists, as it deems appropriate, +to consult them in the matters referred thereto, but they shall have no vote. +3. The resolution forming the Committee shall determine its work system and +remuneration of its members. + +" +economy and business,"Federal Law No.(11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping","Article (18) +The Committee shall have the following competences: +1. Considering the reports referred to it by the Ministry or by the competent Ministry on +the violations of the provisions of this Law, its Executive Regulations and the resolutions +issued in implementation hereof; +2. Recommending to impose one of the following penalties, without prejudice to the +penalties set out in this Law: +Federal Law No. (11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping 9 + Serving notice on the violator; or + A fine of not more than (AED 50,000) fifty thousand dirhams. +3. Expressing an opinion on technical matters related to the implementation of the +provisions of this Law, its Executive Regulations and the resolutions issued in implementation hereof, which are referred to it by the Minister or by the competent +authority; and +4. Providing recommendations, proposals and periodic reports to the Minister on the +matters referred to it to take the appropriate decision. + +" +economy and business,"Federal Law No.(11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping","Article (19) +Any person upon whom one of the penalties stipulated in article (18) of this Law is imposed may appeal the same before the competent court within thirty (30) working days from the +date of being notified of the penalty. + +" +economy and business,"Federal Law No.(11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping","Article (20) +Whoever commits one of the following acts shall be punished by imprisonment for no less +than two years and/or a fine of no less than (AED 500,000) five hundred thousand dirhams +and no more than (AED 1,000,000) million dirhams: +1. Stamping wrought articles with counterfeited hallmarks; +2. Deliberately selling, offering for sale or possessing for the purpose of sale wrought articles bearing counterfeited hallmarks or trading therein; +3. Counterfeiting the certificates of precious metals or stones; +4. Practicing the activity of hallmarking precious metals or issuing certificates in the field of +precious metals or stones without being registered or accredited by the Ministry; +5. Making a change or alteration in wrought articles after being hallmarked, in any way that +may make the same nonconforming to the standard of fineness stamped thereon; +6. Making a change or alteration in precious stones after issuing their certificates, in any +way that may change the properties or features of the stone; or +7. Deliberately selling, offering for sale, possessing for the purpose of sale or trading in +Federal Law No. (11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping 10 + altered wrought articles. + +" +economy and business,"Federal Law No.(11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping","Article (21) +Whoever commits one of the following acts shall be punished by imprisonment for no less +than one year and no more than two years and/or a fine of no less than (AED 250,000) two +hundred fifty thousand dirhams and no more than (AED 500,000) five hundred thousand +dirhams: +1. Trading in wrought articles of precious metals without being hallmarked, subject to the +provisions of article (6) of the Law; +2. Trading in the field of precious metals or stones without bearing an identification card or certificate issued by the certification body; +3. Trading in the field of precious metals or stones under a certificate issued by a body +other than the certification body; or +4. Trading in wrought articles stamped with hallmarks other than the official hallmark or +foreign hallmark. + +" +economy and business,"Federal Law No.(11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping","Article (22) +1. Each accredited body shall be punished by a fine of no less than (AED 100,000) one +hundred thousand dirhams and no more than (AED 500,000) five hundred thousand +dirhams if it: +A. issues a certificate in the field of precious metals or stones, showing incorrect details +thereof; +B. issues a certificate in the field of precious metals or stones, showing information not +conforming to the reality of the metal or stone; or +C. stamps the wrought articles with a nonconforming hallmark. +2. In case of repetition, the penalty shall be doubled and the accreditation granted shall be +cancelled. + + +Federal Law No. (11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping 11 + " +economy and business,"Federal Law No.(11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping","Article (23) +Whoever violates any other provision of this Law shall be punished by a fine of no less than +(AED 50,000) fifty thousand dirhams and no more than (AED 100,000) one hundred +thousand dirhams. + +" +economy and business,"Federal Law No.(11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping","Article (24) +The court may, upon conviction: +1. order to confiscate the articles subject matter of the violation; +2. order to close the shop for a certain period to be specified in the judgment; +3. rule, in case of repetition, to cancel the license. + +" +economy and business,"Federal Law No.(11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping","Article (25) +The penalties stipulated in this Law shall not prejudice any severer penalty provided for in +any other law. + +" +economy and business,"Federal Law No.(11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping","Article (26) +The capacity of judicial officers shall be conferred upon the employees who are determined +by a resolution of the Minister of Justice in agreement with the Minister and in coordination +with the competent Ministry, each within his area of competence, to detect the violations of the provisions of this Law, its Executive Regulations and resolutions issued in +implementation hereof. +Such employees shall have the required experience and competence in the field of precious +metals and stones. + +" +economy and business,"Federal Law No.(11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping","Article (27) +Licensing fees and charges of other services shall be determined by a resolution of the Cabinet upon the proposal of the Minister and in coordination with the Ministry of Finance. + + +Federal Law No. (11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping 12 + " +economy and business,"Federal Law No.(11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping","Article (28) +The bodies subject to the provisions of this Law shall adjust their statuses in accordance with +the provisions hereof within six months from the date of entry into force of this Law. + +" +economy and business,"Federal Law No.(11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping","Article (29) +The Cabinet shall, based on the proposal of the Minister and in coordination with the competent Ministry, issue the Executive Regulations and resolutions necessary to +implement the provisions of this law within six months from the date of its publication in +the Official Gazette. + +" +economy and business,"Federal Law No.(11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping","Article (30) +Any provision contrary to or inconsistent with the provisions of this Law and Federal Law +No. (9) of 1993 referred to above are hereby repealed. The regulations and resolutions in +implementation thereof shall remain in force, to the extent the same does not contradict with the provisions of this Law until the regulations and resolutions that supersede are issued. + +" +economy and business,"Federal Law No.(11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping","Article (31) +This Law shall be published in the Official Gazette and shall enter into force six months from +the day following the date of its publication. + + +Khalifa bin Zayed Al Nahyan +President of the United Arab Emirates + +Issued by us in the Presidential Palace, Abu Dhabi: +On: 21 Muharram 1437 AH. +Corresponding to: 3 November 2015 AD. + + " +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (1) +For the purpose of applying the provisions of the present Decree -Law, the following words +Federal Decree- Law No. (36) of 2021 on Trademarks 2 + and expressions shall denote the meanings assigned thereto respectively, unless the context +requires otherwise: +State : The United Arab Emirates. +Ministry : The Ministry of Economy. +Minister : The Minister of Economy. +Grievance +Committee : The Trademark Grievance Committee, formed by virtue of the +Minister's resolution, pursuant to the provisions of article (14) of +the present Decree -Law. +Competent Court : The Federal Court of Appeal. +Civil Court : The Federal or Local Court of First Instance, as the case may be. +Hologram Mark : A photographic depiction of a visible spectrum used to display a +holographic 3D image of the underlying object. The trademark is +displayed as either a single view of the sign in which the entire +hologram effect appears, or as several views of the hologram +from different angles when needed. +Collective +Trademark : A trademark used to distinguish the goods or services of member +entities of a certain organization that has the legal personality. +Geographical +Indications : Any indicator denoting that a certain commodity has originated +in a territory of a member state of the WTO, or otherwise in a +region, location or place of such territory, if the type, goodwill or +other features of the commodity are essentially attributed to its +geographical origin. +Register : The Trademark Register +Drawing + : Any design that involves a range of visuals (any artistic +composition). +Symbol : Any single visual drawing. +Inscriptions : Engraved marks. +Photos : Photos of a human being, whether the owner of the project or +otherwise. +Federal Decree- Law No. (36) of 2021 on Trademarks 3 + Bulletin of the +Ministry : The trademark bulletin issued by the Ministry. Such Bulletin may +be published in an electronic format on the Ministry's website. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (2) +Every object that has a distinctive form, including names, words, signatures, letters, symbols, +figures, addresses, stamps, drawings, photos, inscriptions, packaging, figurative elements, +shapes, color, set of colors or a combination of such elements, or a sign or a set of signs, +including 3D marks, hologram marks or any other mark used or intended to be used to +distinguish the commodities or services of a particular organization from the commodities or +services of any other organizations, to indicate that a particular service is performed, or to +conduct monitoring or inspection of the commodities or services, shall constitute a +trademark. Objects related to sound and smell may also be classified as a trademark. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (3) +The following objects may neither be deemed a trademark or part thereof nor be registered +as a trademark: +1. A mark that is lacking any distinctive feature or made up of details that are merely the designation commonly given to commodities and services, familiar drawings or normal +images of commodities and services. +2. Expressions, drawings or marks offending public morals or the public order. +3. Public logos, flags, military rank insignias, badges of honour, national and foreign +accolades, coins, banknotes and any other symbols related to the State or other States or +Arab or foreign organizations or an institution thereof or any imitation of any of them. +4. Symbols of the Red Crescent or the Red Cross and other similar symbols and the signs imitating the same. +5. Marks identical or similar to symbols of a religious nature. +6. Geographical names and details if the use thereof would likely cause a confusion as to the source or origin of the underlying commodities or services. +7. A third party's name, surname, photo, logo or nickname, unless he or his heirs approve +Federal Decree- Law No. (36) of 2021 on Trademarks 4 + the use thereof in advance. +8. Details related to honors or scientific degrees whose registration applicant fails to prove +that he is legally entitled thereto. +9. Marks that would mislead the public or that include false information about the origin or +source of commodities or services or their other features, as well as marks that contain a +tradename owned by third parties. +10. Marks owned by natural or legal persons who are prohibited to be dealt with under the +legislation in force in the State. +11. A trademark identical or similar to any other trademark that had been lodged or registered by third party for the same commodities or services or for related +commodities or services, if the use of the trademark whose registration is applied for +would give rise to an impression of a connection between them and other commodities +or services of the registered trademark's owner or would affect the latter's interests. +12. The trademark of some commodities or services whose registration would undermine +some commodities or services with an already registered trademark; +13. The trademarks that involve copying, imitation, translation, Arabization, or vocal translation of a third party's famous trademark or part thereof, and which are intended +to be used for distinguishing commodities or services identical or similar to those +distinguished by the famous trademark; +14. The trademarks that involve copying, imitation, translation, Arabization, or vocal +translation of a third party's famous trademark or an essential part, and which are +intended to be used for distinguishing commodities or services that are not identical or +similar to those distinguished by the famous trademark, if such usage would likely +indicate a connection between those commodities and services and the famous +trademark, and it would be likely, in the event of registration of such a trademark, that +such registration could inflict damage upon the interests of the owner of the famous +trademark; +15. The trademarks that include the following expressions or phrases: ""franchise, franchised, registered, registered drawing , copyright"" or any other similar words or expressions; +Federal Decree- Law No. (36) of 2021 on Trademarks 5 + Any 3D trademark consisting of a shape resulting from the nature of the commodities +specified in the registration application or required for achieving a technical result, where +there are no particular elements that differentiate such shape from other shapes. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (4) +Registration of the Famous Trademark +1. The famous trademark, whose reputation goes beyond the geographical boundary of the +State in which it has been registered and extends to the other Countries, may only be +registered for identical commodities or services if an application to this effect is submitted by +the owner of such a trademark or if the latter's consent is provided. +2. In order to determine whether the trademark is famous or not, the extent to which the +public concerned is aware of such trademark as a result of its promotion, period or +registration or usage, the number of countries in which this trademark has been registered +or has become famous, or its value or effect on the promotion of the commodities or +services distinguished by the famous trademark, shall be taken into consideration; +3. The famous trademarks may not be registered to distinguish commodities or services not identical or similar to those which are distinguished by such trademarks in the following two cases: +A. If the use of the trademark indicates a linkage between the commodities or services required to be distinguished and the commodities and services of the owner of the famous trademark; or +B. If the use of the trademark would inflict damage upon the interests of the owner of the famous trademark; + +Chapter Two +Trademark Registration and Deregistration +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (5) +A register shall be created at the Ministry, to be known as the ""Trademark Register"", in which all the trademarks and their owners' names, addresses, type of business activities, +Federal Decree- Law No. (36) of 2021 on Trademarks 6 + descriptions of the commodities and services covered by the trademarks, any changes, +assignment, transfer, pledge, license of use or any other modifications involving the +trademarks, shall be recorded in the Register. +Any person may apply to obtain a copy of the data set out in the register against the +prescribed fees. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (6) +The Right to Register the Trademark +Any natural or legal person shall be entitled to have the trademark thereof registered in accordance with the provisions hereunder. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (7) +Trademark Registration Application +The application for trademark registration shall be submitted to the Ministry in accordance with the conditions, controls and procedures specified in the Executive Regulations of this +Decree Law. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (8) +Registration of Trademark for More than One Category +1. A single application may be submitted for the registration of a trademark under one or +more categories of commodities or services, in accordance with the Executive Regulations +hereof; +2. The commodities or services shall not be deemed similar to one another just because they +are listed under the same category, while the commodities or services shall not be deemed +different from one another just because they are listed under different categories of the +same classification determined by the Ministry. + + +Federal Decree- Law No. (36) of 2021 on Trademarks 7 + " +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (9) +Registration of a Set of Identical Trademarks +A single application may be submitted for the registration of a set of trademarks that are +identical in their essential elements and whose differences are limited only to matters not +essentially affecting their particularity, such as the color or the data of the commodities or +services related thereto, provided that such commodities or services are listed under the +same category. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (10) +Registration of A Single Trademark by Two or More Persons +If two or more persons apply simultaneously for registration of the same trademark or similar or nearly identical trademarks under one category of commodities or services, their +applications shall be suspended until either of the disputants gives up the trademark in favour of the other party or a final judgment is rendered by the competent court on the +dispute. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (11) +Priority Right to Apply for Trademark Registration +If the trademark applicant or the successors thereof in title are wishing to have the priority +right to apply for registration of the trademark based on a former application filed in a +Member State of Paris Convention on Industrial Property, a multilateral international +convention to which the State or any Gulf Cooperation Council State is a party or a bilateral +agreement to which the State is a party, the applicant shall be required to attach with the +application a copy of the former application and a statement indicating the former +application's date and number and the State in which it has been submitted, within a 6-month period of the date of the registration application on which the priority right +depends. Otherwise, the applicant's right to claim registration priority shall be extinguishe. + + +Federal Decree- Law No. (36) of 2021 on Trademarks 8 + " +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (12) +Trademark Registration Controls and Procedures +1. The Ministry may establish the restrictions and amendments required to determine the +trademark and to prevent its confusion with any other previously registered trademark or +any trademark whose registration has been previously applied for; +2. Should the applicant fail to reply to the Ministry within a 30 -day time limit running from +the date of being notified of the restrictions or amendments set by the Ministry to determine +the trademark and to prevent its confusing with any other trademark, the applicant shall be +deemed as having waived the application thereof. +3. The Ministry shall decide on the registration application within a 90 -day time limit of the +date of the submission thereof, subject to meeting the conditions set out in this Decree Law +and the Executive Regulations hereof. +4. Should the Ministry refuse to register the trademark for any reason, or render the +registration contingent upon certain restrictions or amendments, it shall notify the applicant +or his delegated person in writing of the reasons for its decision, and this notification may be +served electronically. +5. The Executive regulations hereof shall determine the other procedures and controls for the registration of trademarks. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (13) +Grievance Against the Rejection or Suspension of Registration +1. The registration applicant or the trademark owner or his authorized representative may submit to the Grievance Committee a grievance against the Ministry's decision to dismiss or +suspend the registration application, within 30 days of the date of receiving the dismissal +notice. Further, the applicant may appeal against the Grievance Committee's resolution +before the competent court within 30 days of the date of being notified of such resolution. +2. If the registration applicant fails to appeal against the resolution dismissing the +application thereof within the time limit set out in the preceding clause or fails to implement +the condition upon which the application is contingent within the time limit set out in clause +Federal Decree- Law No. (36) of 2021 on Trademarks 9 + (1) of this article, the applicant shall be deemed as waiving the application. +5. In all cases, the court shall not admit the case seeking revocation of the Ministry decision +to dismiss the application for registration or suspending the trademark registration if no +grievance has been filed against the same. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (14) +Grievance Committee +1. A committee called ""Trademark Grievance Committee"" shall be established at the Ministry under the chairmanship of a competent judge to be nominated by the Minister of Justice, +and shall have two experienced members to be appointed by the Minister. This Committee +shall be competent to hear the grievances filed by the interested parties against the decisions issued by the Ministry in enforcement of provisions of this Decree -Law and its Executive +Regulations and the decisions issued in implementation hereof. +2. The minister shall issue a decision nominating the members of the Trademark Grievance +Committee and determining its terms of reference and the procedures for filing the +grievances with it. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (15) +Trademark Announcement +1. Should the Ministry approve the trademark, it shall, prior registering it, announce the +trademark on the Ministry's Bulletin at the expenses of the registration applicant, in +accordance with the procedure set out in the Executive Regulations of this Decree Law. The +announcement shall indicate the deadline for filing any objection to the trademark registration. +2. Each interested party may, within 30 days of the date of publication, to submit an +objection to the Ministry against the registration of the trademark in accordance with the +procedures and means enshrined in the Executive Regulations hereof. + + +Federal Decree- Law No. (36) of 2021 on Trademarks 10 + " +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (16) +Procedures for Deciding on the Objections Submitted to the Ministry +The Executive Regulations of the present Decree -Law shall define the procedures to be +applied by the Ministry for deciding on the objections submitted to it. +The provisions on the grievances and appeal set out in article (13) hereof shall apply to the +Ministry's decision to reject the objection. +A grievance or appeal against the decision to reject the objection shall not result in +suspending the procedures for registering the trademark, unless the competent court +decides to suspend the implementation of the decision issued to register the trademark +under consideration in the objection. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (17) +Trademark Registration Certificate +1. If the trademark be registered, the legal effect of its registration shall commence of the +date of submitting the application. The owner of the trademark shall be given a +certificate including the following information: +a. The registration number of the trademark. +b. Number and date of priority as well as the name of the State in which the application +has been submitted, if any. +c. Date of submission of the application, date of registration of the trademark and +expiry date of the protection. +d. The trademark owner's name, surname, place of residence and nationality. +e. A certified copy of the mark. +f. Details of the goods or services for which the trademark is allocated, and the +trademark's category. +2. The owner of a registered trademark shall enjoy the right to prevent any third party, who fails to obtain his consent, from using the trademark or an identical or similar mark +thereof, including any geographical indication in trading for distinguishing goods or +services connected to those for which the trademark has been registered, whenever such +Federal Decree- Law No. (36) of 2021 on Trademarks 11 + use is likely to create confusion in the minds of the consumers in case the same or similar +trademark is used to distinguish goods or services similar to those for which the +trademark has been registered. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (18) +Ownership and Disputed Ownership of Trademark +1. Whoever registers a trademark shall be considered its owner. Ownership of a trademark +may not be a matter of dispute whenever it is registered and used for an uninterrupted +period of at least five (5) years without being involved in any legal proceedings, unless it +is proven that the person who registered the trademark has acted in bad faith. +2. Any person, who has used the trademark earlier than the one in whose name the +trademark is registered with the ministry, may apply to the Ministry to have the +trademark deregistered within (5) five years of the date of its registration, unless he +expressly or implicitly agrees that the trademark be used by the one in whose name it +has been registered. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (19) +Trademark Modifications +1. The owner of a previously registered trademark may, at any time, apply to the Ministry +to introduce any addition or modification to the form of the trademark, goods or services +without fundamentally affecting the particularity of the trademark. The Ministry shall +decide on such application in accordance with the procedures specified by the Executive +Regulations of this Decree -Law. +2. The provisions on grievance and appeal set out in article (13) hereof shall apply to the +Ministry's decision to reject the addition or modification. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (20) +Amendment in the Register +1. The Ministry may, either sua sponte or upon the request of the person concerned, add to +Federal Decree- Law No. (36) of 2021 on Trademarks 12 + the register any information that has been omitted, remove or amend any information +unduly recorded therein or falsely stated. +2. The provisions on grievances and appeal set out in article (13) hereof shall apply to the Ministry's decision to modify the register or remove any items therefrom. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (21) +Trademark's Protection Period and its Extension +1. The duration of protection resulting from the registration of a trademark shall be (10) ten years commencing from the date of submitting the application. If the right holder +wishes to renew the protection for similar periods, he shall submit for renewal of the +trademark registration to the Ministry during the periods, conditions and procedures +specified by the Executive Regulations of this Decree -Law. +2. The trademark shall be renewed without any new examination. Such renewal shall be +announced in the Ministry's bulletin. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (22) +Registration Renewal Application Procedures and Fees +1. The Executive Regulations of this Decree -Law shall determine the period of time during +which the trademark owner is required to submit an application for renewal of the +protection period to the Ministry, and shall describe the procedures and fees for such +renewal. +2. If the period specified by the Executive Regulations of this Decree -Law for renewal of the +protection period lapses without a renewal application being submitted by the +trademark owner, the trademark shall be deemed removed from the register as of the +expiry date of the protection period. + + + +Federal Decree- Law No. (36) of 2021 on Trademarks 13 + " +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (23) +Temporary Protection for Trademark on the Goods and Services Displayed +in Exhibitions +Trademarks placed on goods displayed or used on services provided at official or officially +recognized international exhibitions organized inside the country, during the period of their +display, shall enjoy temporary protection if they meet the conditions for trademark +registration and the rules and procedures for granting the temporary protection specified by +the Executive Regulations of this Decree -Law. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (24) +Trademark Deregistration +1. The owner of the trademark may apply to the Ministry in order to have the trademark +removed from the register, for all or part of the goods or services for which the +trademark has been registered. +2. The owner of a well -known trademark, whose reputation exceeds the geographical +borders of the country and which is similar to a trademark registered with the Ministry, +may apply to the Ministry to have the registered trademark deregistered within (5) five +years of the date of its registration, unless it is proven that there is bad faith on the part of +the person who has registered the trademark. +3. The interested person may apply to the Ministry to have the trademark that has not been used for (5) five consecutive years deregistered, unless there are emergency +circumstances that have prevented the trademark from being used. +4. The Ministry may, either sua sponte or upon a request from the parties concerned, +deregister the trademark that has been registered in violation of the provisions of this +Decree- Law, or in the cases specified by its Executive Regulations. +5. If the trademark is licensed to be used in accordance with a contract that has been +registered or annotated in the trademark register, the Ministry may deregister such +trademark at the request of its owner, unless the contract stipulates the consent of the +beneficiary on the deregistration, without prejudice to article (31) hereof. +Federal Decree- Law No. (36) of 2021 on Trademarks 14 + 6. The Executive Regulations of this Decree -Law shall determine the conditions, terms, and +procedures for submitting the applications referred to in this Article, and the mechanism +for deciding thereon. +7. The provisions on grievances and appeals set out in article (13) hereof shall apply to the +Ministry's decision to deregister the trademark or reject the deregistration application. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (25) +Announcement of Deregistration and Renewal of the Trademark +The deregistration or renewal of the trademark shall be announced both in the Ministry's +bulletin and by any publication method specified by the Executive Regulations of this +Decree- Law. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (26) +Amendments of the Register +Based upon an application from the person concerned, the competent court shall order that +any information be added to the Register if the same has been omitted to be recorded +therein, or that any data unduly recorded therein or falsely stated be removed or amended. +The Ministry may perform such an action sua sponte. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (27) +Trademark Re -registration +If a Trademark is removed from the Register, it may only be re -registered in the name of a +third party for the same or similar goods or services except after the lapse of three (3) years +of the date of its deregistration, unless the deregistration has been made based on a +judgment of the competent court and that the judgment specifies a shorter period for re-registration of the trademark. + + +Federal Decree- Law No. (36) of 2021 on Trademarks 15 + Chapter Three +Assignment, Transfer and Pledge of Trademarks +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (28) +1. The trademark registration application may be assigned, and the ownership of the +registered trademark may be transferred, with or without compensation, pledged or +attached together with the commercial premises or venture establishment or the whose +goods or services are distinguished by the Trademark, unless otherwise agreed. +2. The ownership of the trademark shall be transferred by way of inheritance, will, gift, or +any other legal form. +3. In all cases, the transfer, pledge or attachment of the trademark shall have legal effect vis-à-vis third parties only after the same is recorded in the register and announced to +the public by any publication method, in accordance with the procedures and conditions specified by the Executive Regulations of this Decree -Law. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (29) +1. The transfer of ownership of the commercial premises or venture shall include the trademark registered in the name of the owner of the premises or venture, whenever +they are closely related to the commercial premises or venture, unless otherwise agreed. +2. If the ownership of the commercial premises or venture is transferred without the trademark, the transferor may continue to manufacture or trade in the same goods or +provide the same services for which the trademark has been registered, unless otherwise +agreed. + +Chapter Four +Agreements Licensing the Use of Trademarks +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (30) +1. The owner of trademark may use the trademark himself, and may grant to one or several +natural or legal persons a license to use the Trademark for all or part of the goods or +services in respect of which the trademark is registered, unless otherwise agreed, and in +Federal Decree- Law No. (36) of 2021 on Trademarks 16 + accordance with the procedures and controls stipulated in the Executive Regulations of +this Decree- Law. +2. The duration of the license to use the trademark shall not be longer than the period prescribed for its protection in accordance with the provisions hereof. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (31) +Conditions of the Agreements Licensing the Use of Trademarks +The agreement licensing the use of the trademark shall be drafted in writing and duly notarized, and it shall not be required to be annotated or recorded in the register. The +Executive Regulations of this Decree -Law shall specify the controls of the annotation or +recording in the register if any of the parties concerned so request. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (32) +Removal of Registered License from the Register +The registered license shall be removed from the register based upon the request of the +trademark owner, the licensee or their legal representative, upon submitting evidence of +termination or rescission of the license agreement. The Ministry shall notify the other party +of the license deregistration application. Such party may object to the deregistration +application, in accordance with the procedures and conditions prescribed in the Executive +Regulations of this Decree -Law. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (33) +Limitations on the License to Use the Trademark +Limitations may not be imposed on the beneficiary of the license to use the trademark, where such limitations are not originating from the rights conferred by the registration of +the trademark or are not necessary for the maintenance of such rights. Nevertheless, the +license agreement may contain the following limitations: +1. Delimitation of the geographical area or the duration of using the Trademark. +2. Requirements for effective quality control of goods or services. +Federal Decree- Law No. (36) of 2021 on Trademarks 17 + 3. The obligations imposed on the licensee to refrain from any actions that may result in +abuse of the trademark. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (34) +A beneficiary of the license to use the trademark may not assign the license to third parties or grant sub -licenses, unless otherwise agreed with the owner of the trademark. + +Chapter Five +Collective, Control, Public Benefit Organizations and Professional +Organizations Trademarks +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (35) Collective Trademarks +1. The Executive Regulation of this Decree -Law shall define the conditions and controls for +registering and using the collective trademarks. +2. A collective trademark may not be re -registered for the benefit of third parties in the +event that it is deregistered in respect of the identical or similar goods or services. +3. The Ministry may, upon the request of the person concerned, deregister a co llective +trademark if it is convinced that the registered owner is using it alone, that he is using it or allowing it to be used in violation of the conditions specified by the Executive +Regulations of this Decree -Law, or that he is using it in a way that is likely to mislead the +public in respect of the origin of the goods or any common characteristic of the goods or +services for which the collective trademark has been registered. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (36) +Registration of the Trademark for the Purposes of Control or Inspection +1. The legal persons undertaking the control or inspection of certain goods or services as to +their origin, components, manufacturing process, quality, particularity or any other +characteristics, may apply to the Ministry to register a trademark belonging to them to +serve as an indication of conducting the control and inspection process, in accordance with the conditions and controls specified by the Executive Regulations of this +Federal Decree- Law No. (36) of 2021 on Trademarks 18 + Decree- Law. In all cases, the owner of the registered trademark shall notify the Ministry +of any changes in such requirements. +2. The registration of such trademark shall have all the effects stipulated herein. In case the +said trademark is deregistered or not renewed, it may not be re -registered in respect of +identical or similar goods or services. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (37) +Registration of the Trademark for Non -Commercial Purposes +1. A trademark may be registered for non -commercial purposes, such as the logos used by +associations of public interest or used by professional organizations to distinguish their +services or as badges for their members, in accordance with the conditions and controls +specified by the Executive Regulations of this Decree -Law. +2. The registration of such trademark shall have all the effects stipulated herein, In case the +said trademark is deregistered or not renewed, it may not be re -registered in respect of +identical or similar goods or services. + +Chapter Six +Geographical Indications +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (38) +Types of Geographical Indications +The registration of the geographical indications as a trademark shall conform to the provisions of this Decree -Law and its Executive Regulations. +A geographical indication may be a sign or a group of signs in any form whatsoever, such as words, including geographical or personal names, letters, numbers, holographic elements, color or colors. + + + +Federal Decree- Law No. (36) of 2021 on Trademarks 19 + " +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (39) +Prohibitions +It shall be prohibited for every natural or legal person to carry out the following: +1. To use any means for naming or displaying any commodity in a way that suggests that +its geographical origin is not the true one, in a manner that misleads the public about this +origin. +2. To use a geograph ical indication in a way that is considered unfair competition in +accordance with the Paris Convention for the Protection of Industrial Property or in +accordance with the international laws and agreements in force in the country. +2. +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (40) +Protection of the Geographical Indications +Geographical indications shall enjoy the protection stipulated herein as long as these indications are protected in the country of origin. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (41) +All geographical indications with similar names shall enjoy the protection stipulated herein, +provided that their producers are treated fairly and that their consumers are not misled. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (42) +Geographical Indications Register +The Ministry shall create a record, to be known as ""the Register of Geographical Indications"", in which the geographical indications whose registration has been decided to be accepted, +all the data related to them, and the actions taken thereon, are recorded in accordance with +the provisions hereof. + + + +Federal Decree- Law No. (36) of 2021 on Trademarks 20 + " +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (43) +Cases of Non -Registration of the Geographical Indication +The geographical indication shall not enjoy the protection prescribed for a trademark, and it +may not be registered in any of the following cases: +1. If the geographical indication is most likely to cause confusion with a trademark that is involved in a pending registration application submitted in good faith. +2. If the geographical indication is most likely to cause confusion with an already existing +trademark for which rights has been acquired by being used, bona fide, in the State. +3. If the registration of a geographical indication as a trademark is not permissible pursuant +to provisions hereof. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (44) +Provisions Applicability to the Geographical Indications +Without prejudice to the provisions of the bilateral and international agreements applicable in the State, the provisions on the trademarks stipulated in this Decree -Law and its Executive +Regulations shall apply to the geographical indications pertaining the following: +1. Submission of a registration application. +2. Examination of the registration application and approval or rejection of the application. +3. Objection to registration. +4. Registration Revocation and Deregistration. +5. Transfer, licensed use and attachment of the geographical indication. +6. Compensation for any act of infringement on the rights prescribed in the provisions +hereof. + +Chapter Seven +Customs Clearance +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (45) +1. Subject to the legislations in force in the State, the customs authorities may, either sua +sponte or based upon a request of the right holder or his representative, order, under a +Federal Decree- Law No. (36) of 2021 on Trademarks 21 + reasoned decision, to suspend customs release for a maximum period of twenty days of +any materials in violation of the provisions hereof. +2. The customs authorities may not prevent the right holder or his representative from examining the materials ordered not to be released by customs. +3. The Executive Regulations of this Decree -Law shall specify the conditions, controls, and +procedures related to the inspection and the submission of a request to suspend the customs release and decide thereon. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (46) +Exceptions +The provisions of article (45) hereof shall not cover the following: +1. Small quantities of non- commercial goods that are included in the personal baggage of +travellers or are sent in small packages. +2. The goods offered for trading in the markets of the exporting country by the owner of +the right to the trademark or with his consent. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (47) +Precautionary Measures Upon Infringement of Rights +1. In the event of an actual or potential infringement of any of the rights established under the provisions hereof, the right holder may apply for a writ on petition from the judge of +summary matters at the civil court having jurisdiction over the origin of the dispute, to +take one or more appropriate precautionary measures, including the following: +a. Conduct a detailed description of the infringement, the goods involved in such infringement, and the materials, tools and equipment used or that may be used. +b. Impose attachment over the materials, tools and equipment referred to in the +previous paragraph of this Item, and the proceeds resulting from the infringement. +c. Prevent the goods, subject matter of the infringement, from entering the commercial +channels and preventing their export, including the imported goods after their +customs release. +Federal Decree- Law No. (36) of 2021 on Trademarks 22 + d. Preserve any evidence related to the subject matter of the infringement. +2. The judge of summary matters may instruct the petitioner to submit his evidence that +suggests that the infringement of the right has already occurred or is about to occur, and +may instruct him to provide information that is sufficient to implement the precautionary measure and to identify the relevant goods. +3. The judge of summary matters shall decide on the petition not later than (10) ten days of the date of its submission, with the exception of exceptional cases that he deems appropriate. +4. The judge of summary matters may, when necessary, issue the order, at the request of the petitioner, without summoning the other party, if it is likely that the delay in issuing +the order may cause irreparable harm to the plaintiff or if there is a fear that the evidence +will be lost or destroyed. In this case, the other party shall be notified of the order +without delay and immediately after its issuance. The notification, when necessary, may +be made immediately after the order is executed. +5. If the judge of summary matters orders a precautionary measure to be taken without +summoning the other party, the defendant may, after being notified of it, file a grievance +against it before the president of the court in which the order was issued within (15) +fifteen days from the date of his notification. In this case, the court president may +confirm, modify or cancel such order. +6. The judge of summary matters may instruct the petitioner to provide an appropriate +financial guarantee or a bank guarantee sufficient to protect the defendant from abuse +of the right, taking into account that the amount of the guarantee or the bank guarantee +shall be reasonable and appropriate. +7. The owner of the right shall have the right to file a lawsuit on the origin of the dispute within (20) twenty days of the date of the issuance of the order to take the precautionary +measure, or from the date of his notification of the rejection of the grievance stipulated +in Item (5) of this Article, as the case may be, otherwise this order will be cancelled at the +request of the defendant. + +Federal Decree- Law No. (36) of 2021 on Trademarks 23 + " +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (48) +Claim for Compensation +The owner of the trademark may, if he sustains harm resulting from the infringement of any +of his rights established under the provisions hereof, file a lawsuit with the Civil Court to +claim compensation in accordance with the general rules. + +Chapter Eight +Penalties +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (49) +Without prejudice to any more severe penalty stipulated in any other law, a penalty of +imprisonment and/ or a fine of not less than (100,000) one hundred thousand dirhams and not more than (1,000,000) one million dirhams shall be imposed on any person who +commits any of the following acts: +1. Counterfeits a trademark that has been registered in accordance with the provisions +hereof, or imitates it in a way that misleads the public, whether with regard to the goods +or services characterized by the original trademark or those similar to it. +2. Knowingly uses a counterfeited or imitated trademark for commercial purposes. +3. Affixing, in bad faith, on his goods or using in his services a trademark belonging to +others. +4. Possesses tools or materials with the intention of using them in imitating or +counterfeiting registered or well- known trademarks. +5. Knowingly imports or exporting goods bearing a counterfeited or imitated trademark. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (50) +Without prejudice to any more severe penalty stipulated in any other law, a penalty of imprisonment not exceeding one year and/ or a fine of not less than (50,000) fifty thousand +dirhams and not more than (200,000) two hundred thousand dirhams shall be imposed on +any person who: +1. Knowingly sells, offers for sale or trading, or possesses goods for sale purposes, or offers +Federal Decree- Law No. (36) of 2021 on Trademarks 24 + services bearing a counterfeited or imitated trademark or unrightfully affixed or used. +2. Uses an unregistered trademark in the cases stipulated in article (3) hereof, without any +right, on his papers, commercial documents, goods or services, which leads to the belief +that the trademark is registered. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (51) +In case of recidivism, whoever perpetrates any of the crimes provided in Articles (49) and (50) hereof shall be punished with a penalty not exceeding twice the maximum penalty +prescribed for the crime. +The Court may order the closure of the establishment and the confiscation of the tools, +machines or materials involved in the crime. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (52) +The court may publish the judgment of conviction at the expenses of the convict. + +Chapter Nine +Final Provisions +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (53) +1. The trademark registered in accordance with the provisions of the laws, decisions and +regulations in force prior to the effective date of the provisions hereof shall remain valid +and shall enjoy the protection prescribed herein. +2. The provisions of this Decree -Law shall apply to the pending trademark registration +applications submitted prior to the effective date of its provisions, provided that such +applications are amended in accordance with the provisions hereof. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (54) +Electronic System for Trademark Registration +1. The ministry shall establish an electronic system and an electronic database to be made +available to the public, for trademark registration and renewal, and for completing the +Federal Decree- Law No. (36) of 2021 on Trademarks 25 + procedures necessary for the same. +2. The Ministry shall make the aforementioned electronic data available to the competent +local authorities. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (55) +Supervision and Oversight +The Ministry shall supervise and oversee the implementation of the provisions of this +Decree- Law, and shall seize the crimes and violations that occur in violation of its +provisions. A decision of the cabinet may, upon the proposal of the Minister, delegate such +tasks or any of them to any of the competent local authorities. + + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (56) +Judicial Officers +The employees of the Ministry or the employees of the local authorities, who are designated by a decision of the Minister of Justice, in agreement with the Minister or the head of the +local judicial authority, shall have the capacity of Judicial officer for seizing the violations of +the provisions of this Decree -Law or its Executive Regulations, within the scope of their +respective areas of competence. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (57) +Fees +The Cabinet shall issue a decision determining the fees necessary to implement the provisions of this Decree -Law. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (58) +The Executive Regulations +The Cabinet shall issue, upon the proposal of the Minister, the Executive Regulations of this +Federal Decree- Law No. (36) of 2021 on Trademarks 26 + Decree- Law. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (59) +Implementing Decisions +The Minister shall issue the necessary decisions to implement the provisions of this +Decree- Law. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (60) +Repeals +1. Federal Law No. (37) of 1992 on Trademarks, as Amended shall be repealed. +2. Any provision contradicting or repugnant to the provisions hereof shall be repealed. +3. The decisions and regulations established before the entry into force of the provisions hereof shall remain in force, provided that they do not contradict the provisions hereof, until their replacement is issued in accordance of the provisions hereof. + +" +economy and business,Federal Decree by Law No. (36) of 2021 Concerning Trademarks,"Article (61) +Publication and Entry into Force +This Decree -Law shall be published in the Official Gazette, and shall enter into force as of +the 2nd of January, 2022. + + +Khalifa bin Zayed Al Nahyan, +President of the UAE + +Issued by Us at the Presidential Palace in Abu Dhabi: +On: 13 Safar 1443 AH. +Corresponding to: 20 September 2021 AD. + + " +economy and business,Cabinet Resolution No. (79) of 2022 Concerning the Controls for Motivating Commercial Companies to Exercise Their Corporate Social Responsibility,"Article (1) +Definitions +For the purpose of the present Resolution , the following words and expressions shall have +the meaning assigned thereto as stated herein below unless the context requires otherwise: +State : The United Arab Emirates . +Ministry : The Ministry of Economy . +Minister : The Minister of Economy . +Fund : CSR UAE Fund established under Cabinet Resolution No. (2) of +2018 . +Decree -Law : Federal Decree -Law No. (32) of 2021 Concerning Commercial +Companies . Cabinet Resolution of 20 22 Concerning the Controls for Motivating Commercial Companies to Exercise their +Corporate Social Responsibility 2 + The Company : The commercial company subject to the provisions of the Decree - +Law and a branch of a foreign company established outside the +State while practicing its activity inside the State . +Special +Resolution : The resolution issued by the shareholders or owners of shares at the +Annual Meeting of the General Assembly or the Owners or +Shareholders in accordance with the different forms of the +Company as identified in the Decree -Law . +Social +Responsibility : The voluntary contribution to the social development through +providing cash or in -kind contributions for the implementation of +development projects and programs in the State +Competent +Authority : The local authority in charge of corporate affairs within the relevant +emirate + +" +economy and business,Cabinet Resolution No. (79) of 2022 Concerning the Controls for Motivating Commercial Companies to Exercise Their Corporate Social Responsibility,"Article (2) +Applicability +The present Resolution shall apply to companies with regard to contribution to social +responsibility. + +" +economy and business,Cabinet Resolution No. (79) of 2022 Concerning the Controls for Motivating Commercial Companies to Exercise Their Corporate Social Responsibility,"Article (3) +Objectives of the Resolution +The present Resolution aims at setting the controls required to motivate companies to +assume their social responsibility and the stages of application thereof . + +" +economy and business,Cabinet Resolution No. (79) of 2022 Concerning the Controls for Motivating Commercial Companies to Exercise Their Corporate Social Responsibility,"Article (4) +Controls for Contribution to Corporate Social Responsibility +With regard to social contributions, whether cash or in kind, the following controls shall be +followed: +1. The corporate social contribu tion shall be voluntary and shall aim at fulfilling corporate +giving and contribution to social development . +2. Providing the aforementioned contributions through programs and projects approved +by the Fund or other licensed entities in the State or through any other forms of social +responsibility co ntributions , in any form, whether by contributing to the development of Cabinet Resolution of 20 22 Concerning the Controls for Motivating Commercial Companies to Exercise their +Corporate Social Responsibility 3 + society in the economic, social and environmental fields, promoting the spirit of +innovation and scientific research to solve problems or meet challenges facing the +society , establishing a culture of social responsibility and providing opportunities to +develop humanitarian and social campaigns and initiatives and volunteer programs or +any other social responsibility practices . +3. The lapse of at lea st one fiscal year from the date of incorporation of the company. +4. Issuance of a special resolution by the company regarding the contribution to social +responsibility and determination of the contrib ution percentage therein . +5. The contribution to social responsibility shall be granted from the profits realized by the +company at the end of each fiscal year of the company and may be granted from the +profits of the preceding fiscal years which have not been distributed . +6. The contribution to social responsibility may be disclosed after the end of the fiscal year . +7. Inclusion of the auditor’s report and the company’s annual financial statements +regarding the entity or entities that benefit from its contribution to social responsibility . +8. Subject to the provisions of clauses (3) to (7) of this article, if the company is a branch of +a foreign company, the special resolution shall be issued by the foreign company or the +authorized person, as the case may be, as specified in the company’s articles of +association in this regard. + +" +economy and business,Cabinet Resolution No. (79) of 2022 Concerning the Controls for Motivating Commercial Companies to Exercise Their Corporate Social Responsibility,"Article (5) +Role of Federal and Local Government Agencies Regarding Incentives to be +Granted to Companies Contributing to Social Responsibility +Subject to the provisions hereof , federal, and local government agencies, including the +competent authority and other authorities , may exercise their powers by granting incentives +to companies contributing to social responsibility. + +" +economy and business,Cabinet Resolution No. (79) of 2022 Concerning the Controls for Motivating Commercial Companies to Exercise Their Corporate Social Responsibility,"Article (6) +Social Responsibility Resolutions Shall Remain in Force +The company shall continue to fulfill its obligations in accordance with the Cabinet +resolutions regarding its corporate social responsibility, including Cabinet Resolution No. (2) +of 2018 regarding Corporate Social Responsibility. + Cabinet Resolution of 20 22 Concerning the Controls for Motivating Commercial Companies to Exercise their +Corporate Social Responsibility 4 + " +economy and business,Cabinet Resolution No. (79) of 2022 Concerning the Controls for Motivating Commercial Companies to Exercise Their Corporate Social Responsibility,"Article (7) +Publication and Enforcement +The present Resolution shall be pu blished in the Official Gazette and enter into force from +the day following the date of its publication . + + + + + +Mohammed bin Rashid Al Maktoum +Prime Minister + +Issued by Us +On: 18 Muharram 1444 AH +Corresponding to: 16 August 2022 AD " +economy and business,Federal Law No. 2 of 2014 on Small and Medium Enterprises (SMEs),"Article (1) +Definitions +In the application of the provisions of this Law, the following words and expressions shall +have the meanings shown opposite each of them respectively unless the context requires +otherwise: +(the) UAE : The United Arab Emirates +(the) Ministry : The Ministry of Economy +(the) Minister : The Minister of Economy +Federal Law No. 2 of 2014 on Small and Medium Enterprises (SMEs) 3 + (the) Concerned +Authoritie : The local authority or entity in charge of application of the +provisions of this Law +Enterprises and +Establishments : Any sole company or establishment exercising an economic +activity whether that company or establishment is small, +including micro companies and establishments, or medium +(the) Council : The Small and Medium Enterprises and Establishments (SMEs) +Council +(the) Programme : The National Programme of the Small and Medium Enterprises +and Establishments + +" +economy and business,Federal Law No. 2 of 2014 on Small and Medium Enterprises (SMEs),"Article (2) +Law Objectives +This Law aim at achieving the following: +1. Development of small and medium enterprises and establishments so that they can be a +fundamental support of the economic development in the UAE. +2. Dissemination and encouragement of the culture of research, creativity, innovation and +entrepreneurship of businesses, which achieves the economic aspirations of the UAE. +3. Coordination of the efforts of the Concerned Authorities for the purpose of development +of enterprises and establishments. +4. Promotion of the competitiveness of small and medium enterprises and establishments +for the purpose of providing employment opportunities in favour of the national +economy. +5. Development of the programmes and initiatives targeting the development of +enterprises and establishments. +6. Motivation and support of citizens to penetrate the labour market in the field of enterprises and establishments and contributing to the UAE's gross domestic product +(GDP). +7. Promoting and fostering the UAE's position as a hub for entrepreneurship and +construction and creation of enterprises and establishments. +Federal Law No. 2 of 2014 on Small and Medium Enterprises (SMEs) 4 + " +economy and business,Federal Law No. 2 of 2014 on Small and Medium Enterprises (SMEs),"Article (3) +Enterprises Classification +1. For the purposes of this Law, the enterprises and establishments are classified by the +SMEs Council based on two or more major criteria of the following: +a. Employment size. +b. Size of annual returns. +c. Capital. +2. Based on the recommendations of the SMEs Council, the Council of Ministers may add +any other appropriate criterion to those listed in item (1) of this Article, given the nature +and type of the economic activities exercised by the enterprises and Establishments. + +" +economy and business,Federal Law No. 2 of 2014 on Small and Medium Enterprises (SMEs),"Article (4) +Unified Definition of SMEs +The Council of Ministers shall issue a resolution promulgating the unified definition of SMEs, subject to the recommendations of the SMEs Council and following consultations +with the Concerned Authorities. + +" +economy and business,Federal Law No. 2 of 2014 on Small and Medium Enterprises (SMEs),"Article (5) +Small and Medium Enterprises (SME) Council +The Council of Ministers shall issue a resolution promulgating establishment of a council to +be named the SMEs Council and shall be under the Ministry of Economy. It shall be chaired +by the Minister, with the membership of representatives from relevant public and private +sectors authorities. The said resolution shall determine the SMEs Council's operation +regulations and decision making mechanism. + +" +economy and business,Federal Law No. 2 of 2014 on Small and Medium Enterprises (SMEs),"Article (6) +Competences of the Council +The SMEs Council shall undertake the following mandates: +Federal Law No. 2 of 2014 on Small and Medium Enterprises (SMEs) 5 + 1. Creation and development of the policies and strategic plans towards the development +of enterprises and establishments. +2. Developing the rules and regulations required for coordination between the Programme and the Concerned Authorities. +3. Monitoring the performance indicators of the Programme and approving its annual +report on the SMEs. +4. Conducting periodical review of the effectiveness of the SMEs classification criteria and +proposing the appropriate amendments and submitting the same to the Council of +Ministers. +5. Setting up the conditions and criteria for the Programme's membership. +6. Any other relevant tasks to be assigned to it by the Council of Ministers. + +" +economy and business,Federal Law No. 2 of 2014 on Small and Medium Enterprises (SMEs),"Article (7) +The National Programme of Enterprises and Establishments +There shall be created in the Ministry of Economy a Programme by the name of the ""National Programme for Small and Medium Enterprises (SMEs)"" pursuant to a resolution to +be issued by the Council of Ministers. + +" +economy and business,Federal Law No. 2 of 2014 on Small and Medium Enterprises (SMEs),"Article (8) +The Programme Terms of Reference +The mandates of the Programme shall be as follows +1. Coordinating with the Concerned Authorities in drawing up the general guidelines +regarding the provision of technical, administrative, and training expertise and +assistance in the various fields for the purpose of supporting and developing enterprises and establishments. +2. Preparing a periodic assessment report on the enterprises and establishments with the challenges faced and the appropriate solutions for such challenges and submitting that report to the SMEs Council. +3. Coordination with the Federal and local government entities and the private sector for +Federal Law No. 2 of 2014 on Small and Medium Enterprises (SMEs) 6 + marketing the enterprises and establishments products inside the UAE and abroad. +4. Coordination with the Concerned Authorities for the purpose of providing advantages +and incentives for the enterprises and establishments. +5. Coordination with the relevant regional and international organisations for support of +the development of the enterprises and establishments sector. +6. Development of awareness raising programmes to encourage creation of the enterprises and establishments together with introducing the investment opportunities that are available and appropriate for the enterprises and establishments and their risks as well +as introducing local and international exhibitions and assisting in taking part in the +same. +7. Creation and categorization of a database of the registered enterprises and establishments. +8. Encouragement of self -employment, joint cooperation and merger between enterprises +and establishments. +9. Approval of the applications for granting concessions to the enterprises and +establishments that are members of the Programme such as the local funds, institutions, +programmes and entities. +10. Any other related tasks to be determined by the SMEs Council. + +" +economy and business,Federal Law No. 2 of 2014 on Small and Medium Enterprises (SMEs),"Article (9) +Registration of Enterprises and Establishments in the Programme +The Programme shall, in cooperation with the Concerned Authorities, register the +enterprises and establishments wishing to join the Programme subject to satisfaction of the +conditions and criteria to be set out by the SMEs Council, on condition the registration data +shall be periodically communicated to the SMEs Council. + +" +economy and business,Federal Law No. 2 of 2014 on Small and Medium Enterprises (SMEs),"Article (10) +Facilities and Incentives +Owners of enterprises and establishments enjoying membership of the Programme shall +Federal Law No. 2 of 2014 on Small and Medium Enterprises (SMEs) 7 + avail from facilities and incentives extended by the public and private sectors, as follows: +1. Credit facilities and promotion and marketing facilities provided by the private sector, on +condition these facilities shall not be in conflict with any financial or legal obligations. +2. Commitment on the part of the Federal entities to contracting with the enterprises and +establishments in the UAE at a ratio no less than 10% of the total contracts prices in +order to meet their purchase, service and consultation needs. +3. Commitment of companies where the Federal Government owns no less than 25% of +their respective capital to contracting with the enterprises and establishments in the UAE +with a ratio no less than 5% of the total contracts prices in order to meet their purchase, +service and consultation needs. +4. Streamlining of the procedures, reducing the fees of licensing and utilization of land for industrial or agricultural purposes by owners of enterprises and establishments, in +accordance with the applicable legislations and in coordination with the Concerned +Authorities. +5. Allocation of appropriate space in the exhibitions the UAE participates in abroad, to +showcase the national products contributed by the enterprises and establishments +owners, and providing any necessary information on the external markets in accordance +with the regulations to be prescribed by the Executive Regulations of this Law. +6. Setting up local, specialised exhibitions or participating in other domestic exhibitions for +promotion and marketing of the enterprises and establishments products. +7. Enterprises and establishments may, due to their production purposes, be exempted from customs tax on equipment, raw materials and intermediate goods, subject to a +resolution to be issued by the Council of Ministers and the competent authorities in the +Emirates that are members to the Federation, each in their respective areas of competency, and subject to a recommendation by the Minister of Economy. +8. Enterprises and establishments shall be exempted from the clause of providing a bank +guarantee in respect of the workers they employ, on condition the Council shall, in +coordination with the Ministry of Labour, set the regulations and conditions required for +the said exemption. +Federal Law No. 2 of 2014 on Small and Medium Enterprises (SMEs) 8 + " +economy and business,Federal Law No. 2 of 2014 on Small and Medium Enterprises (SMEs),"Article (11) +The sub -clauses (4), (7) and (8) of the preceding article shall be availed from within the three +years following the Programme membership. The Programme may extend the term of +availing from the same for one year, renewable for other similar term or terms. + +" +economy and business,Federal Law No. 2 of 2014 on Small and Medium Enterprises (SMEs),"Article (12) +Additional Facilities +Subject to the stipulations of intellectual property laws, the Executive Regulations of this +Law shall specify the Additional Facilities to be granted to: +1. The enterprises and establishments that have specific departments for research and development (R & D) and innovations which have achieved economic success. +2. The inventors and patentees in the UAE. + +" +economy and business,Federal Law No. 2 of 2014 on Small and Medium Enterprises (SMEs),"Article (13) +Combining Facilities and Incentives +Enterprises and establishments owned by UAE citizens may combine facilities and incentives +provided by both Federal and local entities and by the private sector. + +" +economy and business,Federal Law No. 2 of 2014 on Small and Medium Enterprises (SMEs),"Article (14) +Facilities and Incentives Requirements +For enterprises and establishments to avail from the facilities and incentives they shall +satisfy the following: +1. They should be fully owned by UAE citizens. +2. They should be members of the Programme. + +" +economy and business,Federal Law No. 2 of 2014 on Small and Medium Enterprises (SMEs),"Article (15) +Enterprises and Establishments Obligations +The enterprises and establishments shall comply with the following: +Federal Law No. 2 of 2014 on Small and Medium Enterprises (SMEs) 9 + 1. Applying the facilities and incentives to their specified purpose. +2. The enterprise and establishment may neither be changed nor their title may be +transferred to another person or entity without the approval of the Concerned Authority. +3. Transparency and disclosure to the Concerned Authorities. + +" +economy and business,Federal Law No. 2 of 2014 on Small and Medium Enterprises (SMEs),"Article (16) Establishment Insurance +Owners of enterprises and establishments who wish to receive facilities and incentives shall +insure their enterprises and establishments with an approved insurance company in the +UAE, dependent upon the types of required insurance as specified by the Executive +Regulations of this Law. + +" +economy and business,Federal Law No. 2 of 2014 on Small and Medium Enterprises (SMEs),"Article (17) +Mechanism of Providing Credit Facilities and Financing of Enterprises and +Establishments Activities +1. The Emirates Development Bank shall, in cooperation with the SMEs Council, set the mechanism of providing credit facilities and financing of enterprises and establishments +joining the Programme. +2. The Emirates Development Bank shall commit that the credit facilities and financing it provides to the small and medium enterprises and establishments joining the +Programme shall not be less than 10% of the total annual credit facilities and financing +the Bank extends. + +" +economy and business,Federal Law No. 2 of 2014 on Small and Medium Enterprises (SMEs),"Article (18) +Procedural and Technical Criteria for Obtaining Loans +The UAE Central Bank shall issue the procedural and technical criteria for granting +commercial loans to the owners of enterprises and establishments. + + +Federal Law No. 2 of 2014 on Small and Medium Enterprises (SMEs) 10 + " +economy and business,Federal Law No. 2 of 2014 on Small and Medium Enterprises (SMEs),"Article (19) +Annual Assessment of Enterprises and Establishments Environment +The Concerned Authorities shall conduct an annual assessment that seeks to ensure the +existence of a supportive and encouraging environment for the enterprises and +establishments, through the development of services and facilitation of transactions +performance in a fast and effective manner, which would help realize competitiveness in the +UAE. A report on the assessment findings shall be submitted to the SMEs Council. + +" +economy and business,Federal Law No. 2 of 2014 on Small and Medium Enterprises (SMEs),"Article (20) +The Ministry Representation of the Enterprises and Establishments +The Ministry of Economy shall, in coordination with the Concerned Authorities, represent the enterprises and establishments towards the other States and in the global and regional +organisations + +" +economy and business,Federal Law No. 2 of 2014 on Small and Medium Enterprises (SMEs),"Article (21) +Fees Exemption +Subject to a resolution of the Council of Ministers, the Federal fees from which the +enterprises and establishments shall be exempted, together with the term of such +exemption, shall be fixed. + +" +economy and business,Federal Law No. 2 of 2014 on Small and Medium Enterprises (SMEs),"Article (22) +Penalties +Without prejudice to any severer penalty stipulated by any other law, any owner of an +enterprise or establishment who breaches any provision of article (15) of this Law, shall be +punishable by a fine no less than AED five thousand (AED 5,000), and no more than AED +five hundred thousand (AED 500,000). + + +Federal Law No. 2 of 2014 on Small and Medium Enterprises (SMEs) 11 + " +economy and business,Federal Law No. 2 of 2014 on Small and Medium Enterprises (SMEs),"Article (23) Final Provisions +The Council of Ministers shall, based on the submissions by the Minister of Economy, issue +the Executive Regulations of this Law within three months as of the date this Law having +become operative. + +" +economy and business,Federal Law No. 2 of 2014 on Small and Medium Enterprises (SMEs),"Article (24) +Any provision that violates or contradicts the provisions of this Law shall be null and void. + +" +economy and business,Federal Law No. 2 of 2014 on Small and Medium Enterprises (SMEs),"Article (25) +This Law shall be published in the Official Gazette and shall come into force three months +following the date of publishing thereof. + + +Khalifa bin Zayed Al Nahyan +President of the United Arab Emirates, + +Issued by us in Abu Dhabi: +Dated: 3 Jumad Awal 1435 AH, +Corresponding to 4 March 2014 AD + + " +economy and business,Federal Decree-Law No. (32) of 2023 on Finance Lease,"Article (1) Definitions +For the purpose of applying the provi sions of this Decree -Law, the following words and +expressions shall have the meanings assigned thereto respectively, unless the context +requires otherwise: +The State : The United Arab Emirates . +The Minister : The Minister of Finance . +The Central Bank : + The Central Bank of the United Arab Emirates. +Person : A natural or legal person. +Asset : 1. Every non -consumable object owned or legally possessed by +Federal Decree- Law No. (32) of 2023 on Finance Lease 2 + the Lessor, pursuant to the provisions of this Decree -Law +and the resolutions issued in pursuance hereof , and used in +the Lessee's craft, trade, business or personal uses, including: +a. Off- plan real estate units that may be the subject of legal +transactions, pursuant to the legislation in force in each +Emirate; and +b. Capital and future Assets, Assets manufactured in a certain way, equipment, plants, living and unborn +animals. Movable property shall be deemed an Asset +even if it becomes immovable by destination or is +incorporated in real property. +2. A leased Asset exc ludes the following: +a. Aircraft, airframes, helicopters and aircraft engines of any type that are subject to registration in special registers, +pursuant to the legislation in force in the State and +international treaties and conventions to which the State +accedes; +b. Marine vessels of any type that are subject to registration in special registers, pursuant to the legislation in force in +the State; +c. Cash; +d. Investment bonds; and +e. Parcels of land granted by the State. +Business A place where a Person manages its transactions on a regular +Federal Decree- Law No. (32) of 2023 on Finance Lease 3 + Headquarters : + basis. In the absence of a proof of such place, the address +registered with the competent authorities or the Person's usual +place of residence shall be considered its Headquarters. +Finance Lease : + A Lease whereby the Lessor leases out the Asset to the Lessee +against a rent for a specific term, while the Lessee may be +granted an option to own the Asset, pursuant to the provisions +of article (3) hereof. +Lease Agreement : + An agreement whereby the Lessor leases out the Asset to the +Lessee pursuant to the provisions of this Decree -Law. +Lessee : + A Person that acquires a right to possession and use of a leased +Asset under the Lease Agreement, including sub -lessee. +Lessor : + A legal Person that gra nts another Person a right to possession +and use of a leased Asset under the Lease Agreement, including +sub-Lessor. +Supplier : + A Person from whom the Lessor acquires the leased Asset under +the Supply Contract in a tripartite lease. +Supply Contract : + A co ntract whereby the Lessor acquires the Asset from the +Supplier for the purpose of leasing it out to another person in a +tripartite lease. +Special Movables : + Movables which the legislation in force in the State requires to +be registered, excluding movables where rights created thereto +are registered in the register created under the provisions of +Federal Law No. (4) of 2020 Guaranteeing Rights to Movable +Property. +Federal Decree- Law No. (32) of 2023 on Finance Lease 4 + In +Writing/Written : + Information created, transmitted, received or stored in writing or +via any electronic means, including modern means of +communication. + +" +economy and business,Federal Decree-Law No. (32) of 2023 on Finance Lease,"Article (2) Applicability +1. The provisions of this Decree -Law shall apply to any Finance Lease of a leased Asset in +the following cases: +a. If such leased Asset exis ts in the State or at any free zone ungoverned by special +provisions regulating the Finance Lease; +b. If Lessee's Business Headquarters is located in the State or at any free zone +ungoverned by special provisions regulating the Finance Lease; and +c. If the Lease Agreement provides for applying the provisions of the State's laws to the +contractual relationship. +2. This Decree -Law shall not apply to the financial free zones in the State. + +" +economy and business,Federal Decree-Law No. (32) of 2023 on Finance Lease,"Article (3) Types of Finance Lease +1. The Finance Lease sh all be bilateral, whereby the Lessor grants the Lessee a right to +possession and use of an Asset for the term set out in the Finance Lease Agreement +against a rent or other amount payable under such transaction. The agreement shall +include the following: +a. An option to purchase the leased Asset, in whole or in part; and +b. A rent or other amounts payable under the Lease Agreement and the payment method. +2. The Finance Lease that includes the following characteristics shall be considered a +Federal Decree- Law No. (32) of 2023 on Finance Lease 5 + tripartite leas e: +a. The Lessee designates the leased Asset and its features and selects the Supplier; and +b. The Lessor owns the leased Asset for the purposes of lease, while the Supplier is +aware of the same. +3. A tripartite Finance Lease Agreement may provide for granting the Lessee an option to purchase the Asset, in whole or in part. +4. A sale -leaseback, whereby the Supplier sells the leased Asset and then the Supplier +leases it from the Lessor, as a Lessee, un der a Lease Agreement, shall be considered a +tripartite Finance Lease. +5. A sublease is made when the Lessee leases out the leased Asset to third parties. + +" +economy and business,Federal Decree-Law No. (32) of 2023 on Finance Lease,"Article (4) Regulating and Licensing the Activity of Finance Lease +1. The Central Bank shall regulate, license and supervise the activity of Finance Lease +practiced by banks, companies and institutions governed by the same under the +legislation in force in the State, and shall issue the conditions and controls for +engagement in this activity. +2. At the proposal of the Minister, the Cabinet shall: +a. Determine the authority or authorities supervising the regulation, licensing and +supervision of legal Persons authorized to engage in the activity of Finance Lease +other than banks, companies and institut ions governed by the Central Bank; and +b. Issue the conditions and controls of engagement in the Finance Lease activity for legal Persons referred to in Paragraph (a) of Clause (2) of this Article. +3. The Minister shall issue the regulatio ns necessary for developing the provisions of the +Finance Lease accounting treatment. +Federal Decree- Law No. (32) of 2023 on Finance Lease 6 + 4. The relevant authorities in the State that approve the procedures for registering or +licensing Assets or annotating the registers with basic transactions introduced thereto +shall amend or adapt such procedures to register cases in which such Assets become +leased under a Lease Agreement governed by the provisions of this Decree -Law in their +registers. + +Chapter 2: Finance Lease Agreement +" +economy and business,Federal Decree-Law No. (32) of 2023 on Finance Lease,"Article (5) Details of Finance Lease Agreement +1. The parties to the Lease Agreement may agree to set the provisions regulating the rights +and obligations of each one of them. +2. The Lease Agreement shall include, as a minimum, the following details and information: +a. Name and details of the Lessor and the Lessee; +b. Name and details of the Supplier in tripartite agreement; +c. Description of the leased Asset; +d. Term of the Lease Agreement; +e. Purpose for using the leased Asset and the scope of use; +f. Amount of rent, number of payments and payment dates; +g. Rights and obligations of parties to the Lease Agreement; and +h. Any other details or information to be agreed upon by the parties to the Lease +Agreement, without prejudice to the provisions of this Decree -Law. +3. Dropping any of the details set out in Paragraphs (d, e, f and g) above will not +compromise the validity or effectiveness of the Lease Agreement vis -à-vis thir d parties. +4. The Lease Agreement shall be In Writing, otherwise it shall be null and void. + +Federal Decree- Law No. (32) of 2023 on Finance Lease 7 + " +economy and business,Federal Decree-Law No. (32) of 2023 on Finance Lease,"Article (6) Enforcement Between Parties and Vis -à-Vis Third Parties +1. The Lease Agreement shall be enforceable and binding on the parties thereto pursuant +to its terms and conditions. +2. The enforcement of rights of parties to the Lease Agreement vis -à-vis third parties, +including any third party that purchases the leased Ass et, creditors of the parties and a +bankruptcy trustee, shall be governed by the provisions of Clauses (3), (4) and (5) +hereof. +3. The enforcement of rights of parties to the Lease Agreement vis -à-vis third parties shall +be governed by Law No. (4) of 2020 Guaranteeing Rights to Movable Property, in so far +as its provisions are applicable to the Assets. +4. The Lease Agreement of property and any amendment thereto shall, at the request of the +Lessor or Lessee, be entered in the real estate register of the property with the competent +authority in the relevant Emirate in accordance with its applicable procedures, and shall +be enforceable vis -à-vis third parties from the date of such entry. +5. The Lease Agreement of movables and any amendment thereto shall, at the request of the Lessor or Lessee, be entered in the relevant register with the competent authority in +the relevant Emirate in accordance with its applicable procedures, and shall be +enforceable vis -à-vis third parties from the date of such entry. +6. The entry made pursuant to the provisions of Clauses (4) and (5) above may be removed +only if a final judgment is rendered by the competent court on such removal, or upon the +approval of parties to the Lease Agreement or their legal successors, or pursuant to any other legislation in force in the State, as the case may be. + +" +economy and business,Federal Decree-Law No. (32) of 2023 on Finance Lease,"Article (7) Beneficiary of the Supply Contract in Tripartite Lease +1. The Supplier's obligations under the Supply Contract in a tripartite lease shall be owed to +Federal Decree- Law No. (32) of 2023 on Finance Lease 8 + the Lessee as if the Lessee were a party to the Supply Contract and as if the leased Asset +were to be supplied directly to the lessee. The Supplier may not be held accountable for compensating both the Lessor and the L essee for the same action that causes damage +more than once. +2. The Lessor shall, at the request of the Lessee, transfer its rights related to the +performance of the Supply Contract to the Lessee, including rights related to judicial and +arbitral proceed ings. In case of the Lessor's abstention, it shall be responsible towards +the Lessee to perform the Supplier's obligations. +3. If the Lessee approves the Supply Contract, the rights thereof arising from the Supply +Contract may not be affected by any amen dment introduced thereto, unless the Lessee +approves this amendment In Writing; otherwise, the Lessor shall be responsible for +performing the Supplier's obligations to the Lessee within the scope of the amendment. +4. Unless otherwise agreed by the partie s, the Lessee may not negotiate the amendment or +termination of the Supply Contract. + +" +economy and business,Federal Decree-Law No. (32) of 2023 on Finance Lease,"Article (8) Rights of Parties to the Lease Agreement +1. The rights of parties to the Finance Lease Agreement shall be enforceable and legally effective vis -à-vis the L essor's creditors. +2. The invalidation or termination of the Supply Contract shall have no impact on the +Finance Lease Agreement. + +" +economy and business,Federal Decree-Law No. (32) of 2023 on Finance Lease,"Article (9) Exclusion of Liability of the Lessor in Tripartite Lease +Unless otherwise agreed by the Parties in a tripartite lease, the Lessor shall not be liable to the Lessee or third parties for deaths, personal injury or material damage to property caused +Federal Decree- Law No. (32) of 2023 on Finance Lease 9 + by the leased Asset or its use, within the limits of its capacity as a Lessor of the Asset, as set +out in the Supply Contract and the Lease Agreement. + +Chapter 3: Implementation +" +economy and business,Federal Decree-Law No. (32) of 2023 on Finance Lease,"Article (10) Irrevocability of Obligations +1. Unless otherwise agreed between the Lessor and the Lessee: +a. In a tripartite lease, when the leased Asset, subject of the Lease Agreement, is +delivered to and accepted by the Lessee, the obligations of the Lessor and the Lessee, +as set forth in the Lease Agreement, shall become independent and irrevocable. +b. In a bilateral lease, the Lessor and the Lessee may agree to render any of their +obligations independent and irrevocable by specifically identifying such obligations +as irrevocable and independent. +2. Without prejudice to the provisions of Clause (3) of article (23) hereof, every +independent and irrevocable obligation shall be implemented, even if a third party fails +to implement its obligations, unless the party in whose interest the obligation must be +fulfilled terminates the Lease Agreement. + +" +economy and business,Federal Decree-Law No. (32) of 2023 on Finance Lease,"Article (11) Risk of Loss +Unless otherwise agreed by the Lessor and the Lessee: +1. In a Tripartite Lease: +a. The risk of loss of the leased Asset shall pass to the Lessee from the effective date of +the Lease Agreement between the parties thereto. +b. If the leased Asset is not delivered or is partially delivered to the Lessee or is delivered in such a manner inconsistent with the Lease Agreement, and the Lessee claims +Federal Decree- Law No. (32) of 2023 on Finance Lease 10 + compensation under article (14) hereof, the Lessor or Supplier, as the case may be, +shall be liable for the loss. +2. In a bilateral Lease Agreement, the Lessor shall be liable for the leased Asset loss and the +liability may not be transferred to the Lessee, unless the loss is caused by the Lessee. + +" +economy and business,Federal Decree-Law No. (32) of 2023 on Finance Lease,"Article (12) Loss and Damage of the Le ased Asset +Unless otherwise agreed between the Lessor and the Lessee: +1. In a tripartite lease, if the leased Asset, subject of the Lease, is lost or damaged, in full or +in part, before taken over by the Lessee without any fault on the part of the Lessee or +Lessor, the Lessee may request to inspect the leased Asset and may accept it and the supplier shall guarantee the diminution in value, or may claim the other compensations +prescribed for the Lessee under the legislation in force in the State. +2. In a bilateral lease, if the leased Asset is damaged before the Lessee takes it over without +any fault on the part of the Lessee or Lessor, the Lease Agreement shall terminate. In case +of partial damage, the Lessee may request to inspect the leased Asset, and may either +deem the Lease Agreement terminated or accept the leased Asset and reduce the rent and other amounts payable for the rest of the Lease Agreement term, equivalent to the +diminution in value, without having the right to claim other compensation fr om the +Lessor. + +" +economy and business,Federal Decree-Law No. (32) of 2023 on Finance Lease,"Article (13) Acceptance of the Leased Asset +Unless otherwise agreed by the Lessor and Lessee, the Leased Asset shall be deemed accepted by the Lessee if the latter informs the Lessor or Supplier that the Leas ed Asset is in +conformity with the Supply Contract's terms and conditions, or if the Lessee fails to reject +Federal Decree- Law No. (32) of 2023 on Finance Lease 11 + taking over the leased Asset after taking an appropriate opportunity to inspect or use the +leased Asset. + +" +economy and business,Federal Decree-Law No. (32) of 2023 on Finance Lease,"Article (14) Regularization +Unless otherw ise agreed between the Lessor and the Lessee: +1. In a tripartite lease, if the leased Asset is not delivered or is partially delivered or if the delivery is late or in a manner not in conformity with the conditions of the Lease +Agreement or the Supply Co ntract, the Lessee may claim any compensation prescribed +therefor under the legislation in force in the State, and may claim the Supplier to deliver an alternative identical to the Asset, as the case may be. +2. In a bilateral lease, if the leased Asset is not delivered or is partially delivered or if the +delivery is late or in a manner not in conformity with the conditions of the Lease +Agreement, the Lessee may accept or reject the leased Asset or terminate the Lease +Agreement, without prejudice to the pr ovisions of article (23) hereof; provided that the +Lessor is notified of the rejection/termination within a reasonable time from the delivery of the leased Asset. +3. In a bilateral lease, the Lessee may, after accepting the leased Asset, reject it in pursuance of the provisions of Clause (2) above; provided that the inconformity of the leased Asset +with the terms of the Lease Agreement has a material negative impact on its value, even +if either of the following cases is realized: +a. The Lessee has accepted the leased Asset without being aware of the inconformity +due to the difficulty to detect the same; or +b. The Lessor has urged the Lessee to accept the leased Asset un der guarantees issued +by the Lessor. +Federal Decree- Law No. (32) of 2023 on Finance Lease 12 + 4. In a bilateral lease, if the Lessee rejects the leased Asset, pursuant to the provisions of this +Decree- Law or under the Lease Agreement, the Lessee may refrain from paying the rent +until it receives compensation f or the delivery that is not in conformity with the terms of +the Lease Agreement, and may recover the rent and any other amounts paid in advance +after deducting an amount for the Lessee's utilization of the leased Asset. +5. If the Lessee is the one that p rovides the Lessor or Supplier with certain specifications to +be met in the leased Asset, then it shall be deemed an acceptance by the Lessee to hold +the Lessor or the Supplier harmless against any claim by way of infringement that arises +out of compliance with such specifications. + +" +economy and business,Federal Decree-Law No. (32) of 2023 on Finance Lease,"Article (15) Transfer of Rights and Obligations +1. Unless otherwise agreed between the Lessor and the Lessee: +a. The Lessor's rights under the Lease Agreement shall be transferable with no need for the Lessee's approval. +b. The Lessor and the Lessee may agree that the Lessee may not invoke, vis -à-vis the +person to whom the rights of the Lessor are transferred, any pleas or offset rights +prescribed for the same vis -à-vis the Lessor, except for rights arising from the Lessee 's +incapacity, without prejudice to the Lessee's right to invoke its rights vis -à-vis the +Lessor. +c. The Lessor's obligations arising from the Lease Agreement may be transferred only +subject to the Lessee's Written consent, and the Lessee may not withhold such +consent without a good reason, taking into account third parties' rights. +d. The Lessee's rights and obligations arising from the Lease Agreement may be transferred subject to the Lessor's Written approval, and the Lessor may not withhold +such app roval without a good reason, taking into account the rights of third parties. +Federal Decree- Law No. (32) of 2023 on Finance Lease 13 + e. The new Lessee to whom the Lease Agreement has been transferred shall replace the +original Lessee with regard to all rights and obligations arising from the Lease Agreement. +f. The transfer of the Lessor's rights to collect the rent and other amounts payable shall +be subject to the provisions of Federal Law No. (4) of 2020 Guaranteeing Rights to +Movable Property. +g. Unless otherwise agreed by the Parties, in case the Lessee is a natural person, his rights, after his death, shall be transferred to the universal or particular successor. + +" +economy and business,Federal Decree-Law No. (32) of 2023 on Finance Lease,"Article (16) Warranty of Quiet Possession of the Leased Asset +Unless otherwise agr eed by the Lessor and the Lessee: +1. The Lessor shall warrant that the Lessee shall have and enjoy quiet possession and +utilization of the Asset without any disturbance caused by any Person having a superior +right in rem or in personam, or alleging under a court order to have a superior right in +rem or in personam, or alleging negligence or intentional act or omission of the Lessor, whether the Lease Agreement is bilateral or tripartite. +2. Without prejudice to the provisions of Clause (3) of article (2 3) hereof, the Lessee may +claim compensation for a disturbance of the quiet possession by instituting an action for +damages against the Lessor. + +" +economy and business,Federal Decree-Law No. (32) of 2023 on Finance Lease,"Article (17 )Warranties of the Supplier and the Lessor +Unless otherwise agreed by the Lessor and the Lessee: +1. In a tripartite lease, the Supplier shall warrant that the leased Asset described in the Supply Contract is of a type that conforms to the business practice and that it is fit for the +Federal Decree- Law No. (32) of 2023 on Finance Lease 14 + ordinary purposes for which an asset of that type is used. Subject to the provisions of +Clause (2) of article (7) hereof, this warranty shall be enforceable only against the Supplier. +2. In a bilateral lease, the Supplier shall warrant that the leased Asset agreed upon in the +Lease Agreement is of a type that conforms t o the business practice and that it is fit for +the ordinary purposes for which an asset of that type is used if the Lessor usually deals in +Assets of such type. + +" +economy and business,Federal Decree-Law No. (32) of 2023 on Finance Lease,"Article (18) Obligation of the Lessee to Maintain the Leased Asset +1. The Lessee shall exer cise due care for preserving the leased Asset, and shall use it +reasonably in the light of the manner in which such assets are ordinarily used, and shall +retain it in the condition in which it had been delivered to them, subject to fair wear and +tear. +2. Unless otherwise agreed by the Lessor and the Lessee, the Lessee shall maintain the +leased Asset based on the technical instructions issued by the Supplier or manufacturer, +if any. + +" +economy and business,Federal Decree-Law No. (32) of 2023 on Finance Lease,"Article (19 )Licensing the Leased Asset +1. Unless otherw ise agreed by the Lessor and the Lessee, subject to Clause (2) below, the +Lessee shall, at its own expense, license and renew the license of the leased Asset and +obtain the necessary approvals from the competent authorities to enable the Lessee to +utilize it if the Asset by nature requires a license under the legislation in force in the State. +2. The Lessor shall provide the Lessee with all the necessary documents and authorizations +to enable the Lessee to perform the duty provided in Clause (1) above. + +Federal Decree- Law No. (32) of 2023 on Finance Lease 15 + Chapter 4: Breach and Termination +" +economy and business,Federal Decree-Law No. (32) of 2023 on Finance Lease,"Article (20) Breach of Obligations Arising from the Lease Agreement or the +Provisions of the Decree -Law +The parties may agree to determine the cases that constitute a breach or give rise to rights or +compensations as descr ibed in this Chapter. Where such agreement is not made, the breach +shall be deemed to have occurred if a party breaches any of their obligations arising from the Lease Agreement or the provisions of this Decree -Law. + +" +economy and business,Federal Decree-Law No. (32) of 2023 on Finance Lease,"Article (21) Notices +Unless otherwise agreed by the Lessor and the Lessee, the affected party shall give the +breaching party notice of the breach, implementation or termination, and of the possibility +of remedy. + +" +economy and business,Federal Decree-Law No. (32) of 2023 on Finance Lease,"Article (22) Damages +1. Unless otherwise agreed by the Lessor and the Lessee, when a breach takes place, the +affected party may claim damages, whether exclusively or in combination with other +compensations, pursuant to the provisions of the Lease Agreement, which are necessary +for reparation, so as to place the affected party in the situation in which the Lease +Agreement would have been implemented in accordance with the conditions contained +therein. +2. If the Lease Agreement stipulates that the party breaching its obligations included in the +Lease Agreement shall pay the affected party a specific amount or an amount to be +calculated as compensation for such breach, the affected party may claim such amoun t. + +Federal Decree- Law No. (32) of 2023 on Finance Lease 16 + " +economy and business,Federal Decree-Law No. (32) of 2023 on Finance Lease,"Article (23) Termination of the Lease Agreement +Unless otherwise agreed by the Lessor and the Lessee: +1. The Lease Agreement may be terminated in the following cases: +a. Pursuant to the provisions of Clause (2) of article (12) hereof; +b. Upon th e agreement of the parties; +c. At the request of the affected party in the event of a material breach is committed by +the Lessor or Lessee; and +d. In case the Lessor breaches the warranty of quiet possession clause set out in Article +(16) hereof. +2. Notwithstanding the provisions of Paragraphs (a) and (b) of Clause (1) above, in case of a tripartite lease, after the leased Asset has been delivered to and accepted by the lessee, the Lessee may not terminate the Lease Agreement for a material breach by the Lessor or +Supplier, without prejudice to its right to claim for other compensations agreed between +the parties or stipulated by the legislation in force in the State. +3. Subject to the provisions of article (10) hereof, in the event of termination of the +agreement, all corresponding obligations required to be implemented by the two parties +under the Lease Agreement shall be discharged, except for the obligations enforceable as +a result of its termination and rights arising from the breach or implement ation prior to +the termination. + + +" +economy and business,Federal Decree-Law No. (32) of 2023 on Finance Lease,"Article (24) Bankruptcy and Liquidation +1. If the Lessor is liquidated or declared bankrupt, the Lessee may continue performing the Lease Agreement, pursuant to its terms and conditions, provided that the liquidator or bankruptcy trustee is so notified. +2. The new Lessor, to whom the ownership of the leased Asset has been transferred by +Federal Decree- Law No. (32) of 2023 on Finance Lease 17 + liquidation or declaration of bankruptcy, may continue performing the Lease Agreement +if the Lessee expresses its desire to do so. + +" +economy and business,Federal Decree-Law No. (32) of 2023 on Finance Lease,"Article (25) Surrender of the Leased Asset and Possession and Disposition +Right +1. Upon the termination or expiration of the Lease Agreement, the Lessee shall surrender the leased Asset to the Lessor, as per the condition set out in Clause (1) of Article (18) +hereof, unless otherwise agreed by the parties to the agreement, or the agreement +provides for the Lessee's ownership of the leased Asset upon the expiration of the +agreement term. +2. By virtue of a Lease Agreement related to movables, the Lessor m ay effect an execution +to collect its rights, pursuant to the provisions of Federal Law No. (4) of 2020 Guaranteeing Rights to Movable Property. + +" +economy and business,Federal Decree-Law No. (32) of 2023 on Finance Lease,"Article (26) Improvements to the Leased Asset +Unless otherwise agreed by the Lessor and the Lessee, if the le ased Asset is surrendered to +the Lessor, pursuant to the provisions of Clause (1) of article (18) hereof, the following shall +be observed: +1. All improvements separable from the leased Asset without harming it, which the Lessee made at its expense, shall remain the property of the Lessee. +2. The Lessee may claim compensation from the Lessor for any improvements the Lessee +introduced to the leased Asset at its own expense with the Lessor's prior Written consent +if such improvements are inseparable from the leased Asset without harming it. +3. The Lessee shall not be entitled to any compensation for the improvements the Lessee +Federal Decree- Law No. (32) of 2023 on Finance Lease 18 + introduced to the leased Asset at its own expense, which are not separable from the +leased Asset without harming it, if the Lessee introduces the same without the Lessor's +prior written consent. + +Chapter 5: Final Provisions + " +economy and business,Federal Decree-Law No. (32) of 2023 on Finance Lease,"Article (27) Penalties +Without prejudice to any severer penalties provided by any other law, any Person that +engages in the Finance Lease activity or uses the phrase of, or synonyms to Finance Lease in +his tradename without license shall be sentenced to imprisonment for a term not exceeding (6) six months and/or a fine of not less than (AED 100,000) one hundred thousand dirhams +and not more than (AED 5,000,000) five million dirhams. + +" +economy and business,Federal Decree-Law No. (32) of 2023 on Finance Lease,"Article (28) Judicial Officers +The employees designated by a resolution of the Minister of Justice, in agreement with the +Minister, or a resolution by the chief of the local judicial authority, in agreement with the +chairman of the relevant authority, shall have the capacity of judicial officer to detect +violations of the provisions of this Decree -Law, the Executive Regulations hereof and the +resolutions issued in pursuance of the Decree -Law. + +" +economy and business,Federal Decree-Law No. (32) of 2023 on Finance Lease,"Article (29) Repeals +1. Federal Law No. (8) of 2018 on Finance Lease, and any provision repugnant to, or in conflict with the provisions of this Decree -Law is hereby repealed. +2. The resolutions applicable before the provisions of this Decree -Law enter into force shall +Federal Decree- Law No. (32) of 2023 on Finance Lease 19 + remain in force, in so far as they do not contradict the provisions hereof, until the +substituted resolut ions are issued, pursuant to the provisions of this Decree -Law. + +" +economy and business,Federal Decree-Law No. (32) of 2023 on Finance Lease,"Article (30) Publication and Entry into Force +This Decree -Law shall be published in the Official Gazette, and shall enter into force (6) six +months following its publication date. + + + +Mohammed bin Zayed Al Nahyan +President of the United Arab Emirates + +Issued by us at Abu Dhabi Presidential Palace: +On 10th Rabi' Al -Awwal 1445 AH . +Corresponding to: 25th September 2023 AD . " +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (1) +Definitions +For the purposes of this Law, the following terms and expressions shall bear the meanings +assigned to them respectively, unless the context requires otherwise: +The State (UAE) : The United Arab Emirates. +Arbitration : + A method regulated by the law through which a dispute between two or more parties is adjudicated under a binding +award rendered by the Arbitral Tribunal as agreed by the parties. +The Arbitration +Agreement : The agreement of the parties to submit to Arbitration, whether +such Agreement is made before or after the dispute. +The Arbitral +Tribunal : The tribunal composed of a sole arbitrator or a number of arbitrators for the purpose of adjudicating the dispute under +arbitration. +The Court : + The federal or local court of appeal which is agreed by the parties or within the jurisdiction of which arbitration falls. +The Arbitral Entity : + An entity or a center established for the purpose of conducting arbitral proceedings. +The Delegated +Person : Any natural or legal person to whom the parties agreed to grant any of the powers prescribed in accordance with this Law. +The Body +Concerned : The body delegated for arbitration or the Court. +The Parties : The claimant and the respondent whatever their number. +The Claimant +: + The party which requests to initiate the arbitral proceedings. +The Respondent : The party against which the claimant initiates arbitral proceedings. +Federal Law No. (6) of 2018 concerning the Arbitration 3 + " +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (2) +Applicability +The provisions of this Law shall apply to: +1. Any arbitration conducted inside the State, unless its parties agree to submit it to the +provisions of another arbitration law, provided that it does not conflict with the public +policy and public morals of the State; +2. Any International Commercial Arbitration conducted abroad, the parties to which agree +to submit it to the provisions of this Law; and +3. Any Arbitration arising out of a dispute concerning a legal relationship of a contractual or +non -contractual nature, regulated by the laws in force in the State, except as expressly +excluded by a special provision. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (3) +Internation al Character of Arbitration +The Arbitration is considered international arbitration, even if it is conducted in the State, in +any of the following cases: +1. If the two parties to Arbitration have their principal place of business in two or more +different countries at the time of conclusion of the Arbitration Agreement. However, if +one of the parties has several principal places of business, the place which is very much +relevant to the subject matter of the Arbitration Agreement shall be taken into +consideration. If one of the parties to the Arbitration does not have a principal place of +business, the place of his domicile shall be taken into consideration. +2. If one of the following places is located outside the country in which the principal place +of business of any of the parties exists: +a. The venue of Arbitration as determined by or pursuant to the Arbitration Agreement; +b. Any place where a substantial part of the obligations of th e commercial relationships +between the two parties is implemented; or the place most relevant to the subject +matter of the dispute. +3. If the subject matter of the dispute covered by the Arbitration Agreement is connected to +Federal Law No. (6) of 2018 concerning the Arbitration 4 + more than one country; +4. If the parties have expressly agreed that the subject matter of the Arbitration Agreement +is connected to more than one country. + +Chapter Two +Arbitration Agreement +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (4) +Capacity of Agree on Arbitration +1. Only the natural person, who has the capacity to exercise its rights, or the representative of the legal person, who is authorized to conclude the agreement on arbitration, may +enter into an agreement on arbitration, otherwise the agreement shall be null and void. +2. The agreement on arbitration may not be concluded with respect to the matters where +conciliation is not allowed. +3. In the circumstances under which this law permits the parties to opt for the procedure to be adopted on a specific matter, any of the parties may authorize a third party to choose +or decide on such procedure. Within the meaning of this Article, a third party is: +4. Any natural person or Arbitral Entity based either in the State or abroad.Unless otherwise +agreed by the parties, the Arbitration Agreement shall not be terminated by the demise +or expiration of one of the parties or. It may be enforced by or against the legal successor +of such party. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (5) +Forms of the Arbitra tion Agreement +1. The Arbitration Agreement may be concluded prior to the occurrence of the dispute, +whether in the form of a separate agreement or stipulated in a specific contract, +concerning all or certain disputes which may arise between the parties. +2. The Arbitration Agreement may also be concluded after the dispute has arisen, even if an +action has already been brought before a judicial body. In such case, the Agreement shall +specify the issues subject to Arbitration. +Federal Law No. (6) of 2018 concerning the Arbitration 5 + 3. Any reference made in a contract to any other document containing an arbitration clause +shall be considered an agreement on arbitration, provided that the said reference is clear +in treating such clause as an integral part of the contract. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (6) +Divisibility of Arbitration Agreement +1. The Arbitration Agreement shall be treated as independent from the other conditions +provided for in the contract. The nullity, rescission or termination of the contract shall +not have any effect on the Arbitration Agreement contemplated in that contract, +provided that the said agreement is valid per se, unless the same is pertaining to the loss of the legal capacity of one of the parties. +2. Claiming that the contract containing the Arbitration Agreement is invalid, rescinded or +terminated shall not entail the suspension of the arbitral proceedings and the Arbitral +Tribunal may decide on the validity of such contract. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (7) +Writing of the Arbitration Agreement +1. The Arbitration Agreement shall be in writing; otherwise it shall be void. +2. The Arbitration Agreement shall be deemed to have met the writing requirements in the following cases: +a. If it is included in an instrument signed by the parties or in the letters or other means of written correspondence between the parties, or made by an electronic mail in +accordance with the regulations in force in the State governing the electronic transactions. +b. If a reference is made in a written contract to a model contract, an international +agreement, or any other document that includes arbitration clauses and the said +reference is clear in treating such clause as an integral part of the contract. +c. If an agreemen t to resort to arbitration is reached while the dispute is being +considered by a competent court, the court shall render its ruling to confirm the +Federal Law No. (6) of 2018 concerning the Arbitration 6 + arbitration agreement and the litigants shall initiate the arbitration proceedings in +the set place and time and under the clauses governing thereof, and the court shall +also rule that the action is null and void. +d. If it is included in the written submissions exchanged between the parties during the +arbitral proceedings or it is recognized before the courts, where one of the parties +requests to refer the dispute to arbitration and the other party does not object to the +same in its reply. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (8) +Decision on the D ispute Covered by the Arbitration A greement +1. The court, before which an action was instituted regarding a dispute in respect of which +an Arbitration Agreement exists, shall dismiss the action, if the Respondent moves to +dismiss on this ground before making any other motions or plea on the subject matter of +the action, unless the court finds that the Arbitration Agreement is void, or +unenforceable. +2. Initiation of the proceedings referred to in the foregoing clause does not preclude the commencement or continuation of the arbitral proceedings or rendering of the arbitral +award. + +Chapter Three +Arbi tral Tribunal +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (9) +Formation of the Arbitral Tribunal +1. The Arbitral Tribunal shall be constituted, on the basis of an agreement between the parties, of one or more arbitrators. Failing such agreement, the number of arbitrators +shall be three, unless otherwise deemed by the body concerned. +2. Where there are several arbitrators, their number must be odd, otherwise the arbitration +shall be null and void. + +Federal Law No. (6) of 2018 concerning the Arbitration 7 + " +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (10) +Conditions to be Met by the Arbitrators +1. In addition to the requirements agreed upon by the parties, the arbitrator shall be a +natural person who is not a minor, interdict, or deprived of his or her civic rights for +having been convicted in a felony or misdemeanor involving breach of honor or trust, or +declared bankrupt, unless he or she has been rehabilitated. +2. The Arbitrator is not required to be of a given gender or nationality, unless otherwise +agreed upon between the parties to the Arbitration or provided for by law. +3. Any person nominated to be an arbitrator shall disclose in writing any circumstances +which are likely to cast doubts on his or her impartiality or independence. Upon acceptance and throughout the arbitral proceedings, he or she shall immediately notify +the parties and all the arbitrators of the occurrence of any circumstance that is likely to +cast doubts on his or her impartiality or independence, unless he or she has previously +advised them of such circumstance. +4. Any person notified of his nomination as an arbitrator shall disclose in writing any circumstances which are likely to cast doubts on his impartiality or independence. Upon +his appointment and throughout the arbitral proceedings, he shall immediately notify +the parties and all the arbitrators of the occurrence of any circumstance that is likely to +cast doubts on his impartiality or independence, unless he has previously advised them +of such circumstance. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (11) +Method of Nomination of the Arbit ral Tribunal +1. The parties to Arbitration may mutually agree on the procedures to be followed to +appoint the Arbitrator or Arbitrators, and on the period of time and method for effecting +their appointment. +2. If the arbitration tribunal is composed of a sole arbitrator and the Parties fail to reach +agreement concerning nomination of the Arbitrator within (15) fifteen days from the +date of submission of a written request from one of the parties to inform the other party +Federal Law No. (6) of 2018 concerning the Arbitration 8 + of the same, the body concerned shall appoint such arbitrator, at the request of any of +the parties. Such decision shall not be subject to appeals in any way whatsoever, without +prejudice to the provisions of article (14) of this Law; +3. If three arbitrators are to be appointed, each party shall nominate one arbitrator. The two +arbitrators thus appointed shall nominate the third arbitrator. If one of the parties fails to +nominate its arbitrator within fifteen (15) days following the receipt of a request made +by the other party, or if both the appointed arbitrators fail to arrive at an agreement concerning the nomination of a third arbitrator within fifteen (15) days after the latter of +them was appointed, the competent court or the delegated person shall appoint such +third arbitrator on an expedited basis upon a request made by one of the parties. Such +decision shall not be subject to appeals in any way whatsoever, without prejudice to the +provisions of article (14) of this Law; +4. The body concerned, whilst nominating the arbitrator, shall take into consideration the provisions laid down in this Law and the conditions agreed upon by both the parties in order to ensure appointment of an independent and impartial arbitrator. +5. In cases where the delegated person fails to appoint an arbitrator in accordance with the procedures determined upon the agreement of the parties or in accordance with the +provisions of this Law in case of failure to reach an agreement, any of the parties may +request from the court to take the necessary action in order to complete the formation and appointment of the members of the Arbitral Tribunal. The award of the court shall +not be subject to appeal in any way whatsoever. +6. If an application for appointment of an arbitrator is submitted to the body concerned, +the applicant shall send a copy of such application at the same time to the other parties +and to any arbitrator previously appointed in the same dispute. The application shall +briefly refer to the subject matter of the dispute and any requirements required by the +Arbitration Agreement to be met in the arbitrator to be appointed and all steps taken to +appoint any other member in the Arbitral Tribunal. +7. The third arbitrator appointed in accordance with the provisions of this Article shall act as the presiding arbitrator of the Arbitral Tribunal. Such provision shall be applicable to +Federal Law No. (6) of 2018 concerning the Arbitration 9 + the Arbitral Tribunal comprising of more than three arbitrators. +8. The court may, at the request of any of the parties, request from any arbitral entity in the +State to provide it with a list of no more than six names of the persons specialized in the +field of arbitration to appoint one of them, after the requesting party pays the fees prescribed in the arbitral entity. Such fees shall be deemed part of the arbitration costs. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (12) +Issuing Decisions of the Arbitral Proceedings +Any decision in the arbitral proceedings where there are more than one arbitrator shall be taken the majority of the members of the Arbitral Tribunal, unless otherwise agreed by the +parties, provided that the decisions on the procedural matters are issued by the presiding +arbitrator if he is so authorized by the parties or the other members of the Arbitral Tribunal. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (13) +Breach of the Arbit ral Tribunal Nominations Proce dures +In case one of the parties to Arbitration breaches the procedures to be adopted for nomination of the arbitrators as agreed upon between them; if both of them fail to have an +agreement; if both the appointed arbitrators fail to arrive to an agreement with regard to an +issue which requires their agreement; or if the third party, including the delegated person, +fails to carry out the responsibility assigned in this regard, the court, at the request of one of +the parties, shall initiate and carry out the required procedure or action unless the provisions +laid down in the agreement stipulate some other mode for the completion of this procedure. +The court's procedure shall not be subject to challenge by any means of challenge +whatsoever. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (14) +Challenge of the Ar bitrators +1. An arbitrator may be challenged only if circumstances that give rise to serious doubts regarding his or her impartiality or independence exist, or if it is proven that the +Federal Law No. (6) of 2018 concerning the Arbitration 10 + conditions agreed upon by the parties or prescribed by this Law were not satisfied. +2. A party to Arbitration may challenge the arbitrator appointed or co -appointed thereby +only for reasons of which it becomes aware after the appointment has been made. +3. A notice of challenge may not be accepted from a party who has previously submitted a +notice to challenge the same arbitrator in the same Arbitration on the same grounds. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (15) +Procedures fo r Challenging the Arbitrator +The parties to Arbitration may agree on the procedures of challenging arbitrators. Failing that agreement, the following procedures shall be followed: +1. A party who intends to challenge an arbitrator shall notify the challenged arbitrator of the notice of his challenge in writing, indicating the reasons of challenge, and send a +copy of such notice to the other appointed members of the Arbitral Tribunal and to the +other parties within fifteen (15) days after the party making the challenge has been notified of the appointment of such arbitrator or has been aware of the justifiable +circumstances of challenge. +2. If the challenged Arbitrator does not recuse himself or the other party does not agree to +the challenge within fifteen (15) days from the date of notifying the arbitrator of his +challenge in accordance with the provisions of article (24) of this Law, the party making +the challenge may submit a notice of challenge to the body concerned within fifteen (15) +days to start from the end of the fifteen (15) days mentioned above. The body concerned +shall decide on the notice of challenge within ten (10) days. Its decision shall not be +subject to appeal by any way whatsoever. +3. The notification of the arbitrator of his challenge or submission of the notice of challenge +to the body concerned shall not entail suspension of the arbitral proceedings. The +Arbitral Tribunal, including the challenged arbitrator, may proceed with the arbitral +proceedings and render the arbitral award, even if the body concerned does not decide on the notice of challenge. +4. The recusal of the Arbitrator or the agreement of the parties on his/her removal shall not +Federal Law No. (6) of 2018 concerning the Arbitration 11 + be construed as an admission of any of the reasons of the challenge. +5. If the body concerned decides to remove the arbitrator, it may decide what it deems +appropriate in terms of fees and expenses or decide the recovery of any fees or expenses +paid to him. Such decision shall not be subject to challenge by any means of challenge whatsoever. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (16) +Termination of the Arbitrator Mandate +1. If the Arbitrator is unable to assume his or her duties, fails to perform his or her task, interrupts the performance thereof in a manner which causes undue delay in the arbitral +proceedings, or deliberately neglects to act under the Arbitration Agreement although he +or she is notified through all notification and communication means applicable in the +State, and if he or she does not withdraw on his or her own accord or the parties have +not agreed to terminate his or her mandate, the body concerned may order termination of his or her mandate at the request of any party and after hearing the statements and +defense of the arbitrator. The decision of the body concerned in this regard shall not be +subject to appeals. +2. The authority of the arbitrator is personal and shall expire by his demise, loss of legal +capacity or loss of one of his appointment conditions. The demise of the party which +appoints the arbitrator shall not result in the termination of the arbitrator's authority, +unless otherwise is agreed by the parties. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (17) +Appointment of the Substitute Arbitrator +1. If the mandate of an arbitrator expires due to challenge, dismissal, withdrawal, or any +other reason, a substitute shall be appointed according to the procedures followed in the +appointment of the arbitrator whose mandate has expired. +2. The parties may, after appointment of a substitute arbitrator, agree to maintain any of the procedures previously taken and determine the scope of the same. If the parties fail +Federal Law No. (6) of 2018 concerning the Arbitration 12 + to reach an agreement in this regard, the Arbitral Tribunal which is re -formed shall +decide whether any of the previous procedures is considered valid and the scope of the +same. Any decision issued by the re -formed Arbitral Tribunal shall not affect the right of +any of the parties to challenge the procedures taken prior to the formation of the Arbitral +Tribunal based on any reason arising prior to the appointment of the substitute +arbitrator. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (18) +General Jurisdiction Over Arbitration Measures +1. The competent court shall have jurisdiction to consider the arbitration matters referred +to in this Law in accordance with the procedures in force in the State. Such court shall +have exclusive jurisdiction until the completion of all arbitral proceedings. +2. The court's president may, at the request of one of the parties or the Arbitral Tribunal, order provisional or precautionary measures, as it deems appropriate, for the existing or +potential arbitral proceedings whether prior to or during arbitral proceedings. +3. The measures referred to in the previous clause of this Article shall not entail the suspension of the arbitral proceedings nor shall it be deemed waiver of the Arbitration Agreement. +4. If the court's president issues an order in accordance with Clause (2) of this Article, the order issued thereby shall not cease to have effect in whole or in part except by virtue of a decision issued by the court's president. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (19) +Juris diction of the Arbitral Tribunal to D ecide on its Jurisdiction +1. The Arbitral Tribunal shall decide on any plea to the jurisdiction, including the plea +claiming the non -existence or the invalidity of the Arbitration Agreement, or that it does +not cover the subject matter of the dispute. The Arbitral Tribunal may decide on the +same either in a preliminary decision or in the final arbitral award issued on the subject +matter of the dispute. +Federal Law No. (6) of 2018 concerning the Arbitration 13 + 2. If the Arbitral Tribunal decides in a preliminary decision that it is competent, any of the +parties may, within thirty (15) days from the date of being aware of that decision, +request the court to rule on that matter. The court shall decide on the request within (30) +thirty days from the date of its submission at the court, and its decision shall not be subject to appeal by any means. The arbitral proceedings shall be suspended until the +court decides on the request unless the Arbitral Tribunal decides to continue with the +proceedings at the request of one of the parties. +3. The party requesting continuation of the arbitral proceedings shall bear the costs of arbitration if the court adjudicates that the Arbitral Tribunal has no jurisdiction. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (20) +Time Limit of File a Plea to the J urisdiction of the Arbitral Tribunal +1. The plea to the jurisdiction of the Arbitral Tribunal shall be filed within the period +prescribed for the submission of the defense by the Respondent referred to in Article +(30) of this Law. If the plea is concerned with that the Arbitration Agreement does not +cover the matters raised by the other party while the dispute is being entertained, the +plea must be filed no later than the hearing following the hearing in which the plea is +filed; otherwise, the right to file such plea shall lapse. In all cases, the Arbitral Tribunal +may accept a late plea if it deems the delay to be justified. +2. The appointment or co -appointment of an arbitrator by one of the parties shall not +preclude that party's right to file any of the pleas referred to in Item (1) of this Article. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (21) +Inter im of Precautionary Measures +1. Subject to the provisions of article (18) of this Law, unless otherwise agreed by the parties, the Arbitral Tribunal may, at the request of any party or on its own accord, order +that interim or precautionary measures be taken by one of the parties as the Arbitral +Tribunal considers fit in respect of the subject matter of the dispute, and particularly the +following measures to: +Federal Law No. (6) of 2018 concerning the Arbitration 14 + a. Preserve evidence that may be material to the resolution of the dispute; +b. Take the necessary measures to maintain goods that constitute part of the subject +matter of the dispute such as the order to deposit the same with a third party or sell +the perishable goods. +c. Preserve the assets and property out of which a subsequent award may be satisfied; +d. Maintain or restore the status quo pending determination of the dispute; or +e. Order an action to be taken in order to prevent current or imminent harm or +prejudice to the arbitral process or refrain from taking an action that may cause harm +or prejudice the arbitral process. +2. The Arbitral Tribunal may require the applicant for interim or precautionary measures to +submit a sufficient security to cover the expenses of such measures. It may also obligate +the applicant to bear the damage resulting from the enforcement of such orders if the +Arbitral Tribunal subsequently decides that the applicant was not entitled thereto. +3. The Arbitral Tribunal may amend, suspend or repeal an interim measure ordered to be +taken by it upon a request made by any party or at its own initiative in extraordinary +cases and under a prior notice sent thereby to the parties. +4. The party for whom an order to take an interim measure has been issued after obtaining +a written permission from the Arbitral Tribunal may request the competent court to +order the enforcement of the order issued by the Arbitral Tribunal or any part thereof within (15) fifteen days from the date of receipt of the request. Copies of any request +made to obtain the permission or enforcement under this Article shall be sent to all the +other parties at the same time. + +Chapter Four +Arbit ral Proceedings +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (22) +Impleader and Intervention in A rbitration +The Arbitral Tribunal may, at t he request of any party, permit the impleading or intervention +of any third party as a party to the dispute, the subject matter of the arbitration, whether at +Federal Law No. (6) of 2018 concerning the Arbitration 15 + the request of one of the parties or the intervenor, provided that such party is a party to the +Arbitration Agreement after giving all the parties, including the third party, an opportunity to +give their statements. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (23) +Procedures to be Followed +1. Subject to article (10.2) of this Law, the parties to Arbitration may agree on the +procedures to be adopted by the Arbitral Tribunal to proceed with the arbitration, +including their right to decide that such procedures shall be subject to the rules +applicable in any arbitral organization or entity in the State or abroad. +2. If there is no agreement to follow certain procedures, the Arbitral Tribunal may, subject +to the provisions of this Law, determine the procedures it deems appropriate, in a +manner not inconsistent with the fundamental principles of litigation and international +conventions to which the State is a party. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (24) +Service of P rocess +1. The provi sions set forth in this Clause shall be applicable, unless the parties agree upon +otherwise: +a. Any written letter shall be deemed to have been delivered: if it is served on the +addressee by hand, or at its place of business, usual place of residence, or postal +address known to the two parties or referred to in the arbitration agreement or the +document governing the subject matter of the arbitration. In case of failure to identify any of such addresses after conducting the necessary inquiries, the written +letter shall be deemed to have been delivered if it is sent to the addressee's +last-known place of business, usual place of residence or postal address by a +registered letter, or by courier companies or by any other means providing written +proof of the attempts made to deliver it. The term ""postal address"" shall include any facsimile number or e -mail address have been previously used the parties in their +Federal Law No. (6) of 2018 concerning the Arbitration 16 + correspondence between them or previously provided in one of the parties' +correspondence to the other party. +b. The letter shall be deemed to have been delivered on the day it is delivered as set forth in this Law. The letter sent via facsimile or email shall be deemed to have been delivered on the date on which its details indicate that it is sent, provided that there is +no evidence that any error occurs while sending it. In all cases, the letter shall be +deemed delivered if it is received or sent before 6:00 pm in the country where the letter is received. Otherwise, the delivery shall be deemed to have taken place on the +following day. +2. For the purposes of calculation of periods in accordance with this Law, the period shall +commence from the day following the day the letter or any other correspondence is +received. If the last day in such period is a public holiday or a non -business day at the +addressee's headquarters or place of business, the period shall be extended until the first working day which follows. Public holidays or non -business days occurring during such +period of time shall be included in the calculation of such period. +3. The provisions of such Article shall not apply to the correspondence made during the proceedings before courts. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (25) +Waiver of the R ight to O bject +If one of the parties knows that any requirement under the Arbitration Agreement has been violated or a non -mandatory provision of this Law has not been complied with, yet it +proceeds with the Arbitration without invoking its objection to the violation or +non -compliance within the period agreed upon or within (7) seven days from the date of +knowledge in the absence of such agreement, such party shall be deemed to have waived its +right to object. + + + +Federal Law No. (6) of 2018 concerning the Arbitration 17 + " +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (26) +Equality of the P arties to Arbitration +The parties to arbitration shall be treated with equality and afforded adequate and sufficient +opportunity for submission of their claims and defenses. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (27) +Commencing the Arbitral P roceedings +1. Unless otherwise agreed by the parties to Arbitration, the Arbitral Proceedings shall commence from the day following the formation of the Arbitral Tribunal. +2. The service of the request of arbitration is deemed as initiation of a claim for purposes of +preventive attachment. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (28) +Seat of Arbitration +1. The parties to arbitration may agree on the seat of arbitration. In the absence of such an +agreement, the seat of arbitration shall be determined by the Arbitral Tribunal, having +regard to the circumstances of the case, and the convenience of the seat to the parties. +2. Unless otherwise agreed by the parties, the Arbitral Tribunal may: +a. Hold the arbitration hearings at any place it deems appropriate to conduct any of the arbitral proceedings, and notify the parties to the arbitration well in advance; +b. Hold arbitration hearings with the parties and conduct the deliberation through the means of communication and modern techniques. The Arbitral Tribunal shall deliver +or send the hearing minutes to the parties. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (29) +Language of Arbitration +1. Arbitral proceedings shall be conducted in Arabic, unless the parties agree otherwise. +2. The agreed upon or determined language shall be apply to the arbitral proceedings, any +Federal Law No. (6) of 2018 concerning the Arbitration 18 + written memorandum submitted by the parties, any oral proceedings, any arbitral award +or any other decision or notice issued by the Arbitral Tribunal, unless otherwise agreed. +3. Subject to Federal Law No. (6) of 2012 Regulating the Translation Profession, the +Arbitral Tribunal may order that all or part of the documentary evidence submitted in the case be accompanied by a translation thereof into the language(s) used in the +Arbitration. In case of multiplicity of such languages, the Arbitral Tribunal may limit the +translation to some languages. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (30) +Statement of C laim and Grounds for Defense +1. Unless otherwise agreed by the parties or determined by the Arbitral Tribunal, the +Claimant shall send to the Respondent and to each of the Arbitrators, within (14) +fourteen days from the date of formation of the Arbitral Tribunal, a written statement of +its claim that includes its name, address, the Respondent's name and address, an +explanation of the facts of the case, the determination of the points at issue, the relief or +remedy sought, and all other elements which are required to be mentioned in such +statement by agreement between the parties. +2. Unless otherwise agreed by the parties or determined by the Arbitral Tribunal, the +Respondent shall send to the Claimant and to each of the Arbitrators, within (14) +fourteen days from the day following receipt of the statement sent by the Claimant, +which is referred to in the previous item of this Article, a written statement of its defense in reply to the statement of claim. It may include in such statement of defense any +incidental claims or counterclaims related to the disputed matter, or invoke a right +arising out of the same for the purpose of a set -off, even at a later stage of the +proceedings, provided that the Arbitral Tribunal deems that the circumstances justify the +delay. +3. Unless otherwise agreed by the parties, any of the parties may modify or complete its +motions or defenses or institute a countreclaim during the arbitral proceedings, unless +the Arbitral Tribunal decides not to accept the same to avoid delaying adjudication of the +Federal Law No. (6) of 2018 concerning the Arbitration 19 + dispute or because this matter falls outside its jurisdiction, provided that the Arbitral +Tribunal shall take into account, while entering its award, the litigation principles and +rights of the defense. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (31) +Documents Supporting the Statement o f Claim and Grounds of Defense +Both the parties may enclose with the statement of claim or with the statement of defense, +as the case may be, copies of the documents supporting the position of the party concerned, +and may add a reference to all or some of the documents and evidence it intends to submit, +while respecting the right of the other party to review the same. This does not prejudice the right of the Arbitral Tribunal, at any stage of the proceedings, to request submission of the +true copies of the documents or materials invoked by one of the parties to support its case, +as well as the right of the other parties to review the same. + + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (32) +Breach by Parties of their Obligations +Subject to the provisions of article (30) of this Law, and unless otherwise agreed by the +parties, the following shall be observed: +1. If the Claimant fails, without a valid excuse, to submit its statement of claim in +accordance with provisions of this Law and the procedures that the parties agree to +follow, the Arbitral Tribunal may decide to terminate the proceedings if it is convinced +that there is undue and unjustified delay on the part of the Claimant while pursuing its +claim and that such delay causes impossibility to reach a just solution or prejudice to the +Respondent. +2. If the Respondent fails to submit its statement of defense, the Arbitral Tribunal shall be +obliged to continue the arbitral proceedings, without considering such failure as an +admission by the Respondent of the claim made by the Claimant. Such provision shall be applicable if the Claimant fails to submit its statement of defense in reply to a +counterclaim. +Federal Law No. (6) of 2018 concerning the Arbitration 20 + 3. If one of the parties fails, without a valid excuse, to appear at a hearing, to submit the +required documents, or to observe any procedure, the Arbitral Tribunal may continue +the arbitral proceedings, conclude what it deems appropriate in light of such party's acts +and breach of obligations, as justified by the circumstances of the arbitral action, and issue an award on the dispute, based on available evidence. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (33) +Holding of Hearings and Submissions of Evidence +1. The arbitral proceedings shall be held in camera, unless the parties agree otherwise. +2. Unless other wise agreed by the parties, the Arbitral Tribunal may decide whether to hold +oral pleadings hearings in order to submit evidence or oral arguments or to conduct the proceedings exclusively on the basis of the submitted documents and material evidence. +The Arbitral Tribunal may also decide to hold such hearings in an appropriate stage of +the proceedings, at the request of one of the parties. +3. The hearings may be held through modern means of telecommunication that do not +require their physical presence at the hearings. +4. The Arbitral Tribunal shall notify the parties of the dates of the hearings held by it well in +advance as the Arbitral Tribunal considers sufficient, depending on the respective +circumstances. +5. The parties may, at their expense, engage experts, lawyers and other persons to +represent them before the Arbitral Tribunal at their own expense. The Arbitral Tribunal +may request any of the parties to submit evidence of the powers delegated to its +representative as determined by the Tribunal. +6. Summary minutes of each hearing held by the Arbitral Tribunal shall be recorded in +minutes, and a copy of which shall be delivered to each party. +7. Unless otherwise agreed by the parties, the witnesses, including experts, shall be heard in accordance with the laws in force in the State. +8. The Arbitral Tribunal shall have discretionary powers to determine the rules of evidence +to be followed as to the admissibility, relevance or weight of any evidence submitted by +Federal Law No. (6) of 2018 concerning the Arbitration 21 + one of the parties on a matter of fact or expert witness. The Arbitral Tribunal may also +determine the time, manner and form in which such evidence shall be exchanged +between the parties and submitted to the Tribunal. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (34) +Parcourse to E xperts +1. Unless other with agreed by the parties, the Arbitral Tribunal may appoint one or more +experts to submit a report and shall determine the expert's terms of reference and the +term thereof. The Arbitral Tribunal shall also send a copy of its decision to the parties. +2. Each party shall submit to the expert the information relating to the dispute and to +enable the expert to inspect and check any of the documents, goods, buildings, and other +properties, whether movable or immovable, relating to the dispute. The Arbitral Tribunal +shall decide on any dispute arising between the expert and any of the parties in this +regard. +3. The expert shall, before accepting his or her appointment, submit to the Arbitral Tribunal and the parties a statement of his or her qualifications and an acknowledgement of his +or her impartiality and independence. Each party shall notify the Arbitral Tribunal of any objection to the appointment of the expert within the period determined by the Tribunal +in the decision. The Arbitral Tribunal shall decide on any objection to the appointment of +such expert. The Tribunal's decision shall be final in this regard. +4. No party shall object to the expert's qualifications, impartiality or independence, unless +such objection is based on grounds of which such party becomes aware after the +appointment of such expert has been made. +5. The Arbitral Tribunal shall communicate a copy of the expert's report, upon the deposit thereof, to the parties, which shall be given the opportunity to express their opinion on +the report within the time limits determined by it. +6. The Arbitral Tribunal may, after submission of the expert's report, decide on its own +accord or upon a request by one of the parties, to hold a session for hearing the +statements of the expert, providing an opportunity to the parties to hear from and +Federal Law No. (6) of 2018 concerning the Arbitration 22 + discuss with him the contents of his report and examine any document on which he has +relied in his report. Each of the parties shall have the right to present one or more experts +from its side to render his opinion in respect of the issues contained in the report +submitted by the expert appointed by the Arbitral Tribunal, unless the parties agree otherwise. Such procedures shall be subject to the provisions of article (33) of this Law. +7. The fees and expenses of the expert appointed by the Arbitral Tribunal pursuant to this Article shall be paid by the parties as decided by the Arbitral Tribunal. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (35) +Witnesses +The Arbitral Tribunal may hear the statements of witnesses, including expert witnesses, +through means of modern telecommunication that do not require their physical presence at +the hearing. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (36) +Aut hority of the Court of Order Production of Evidence +1. The Arbitral Tribunal may, on its own accord or at the request of one of the parties, seek +assistance from the court of the State to obtain any evidence. The court may, within its +authority, order the fulfillment of such request and order the attendance of witnesses before the Arbitral Tribunal to deliver their oral testimony, or submit documents or any +evidentiary materials. +2. The request shall be submitted to the president of the court who may decide to: +a. Award against the witness who unduly refrains from appearing, or giving testimony, +the penalties stipulated in the laws in force in the State; +b. Order a third party to produce any documents in its possession which are necessary +to decide on the dispute; or +c. Issue orders for judicial delegation. + + +Federal Law No. (6) of 2018 concerning the Arbitration 23 + Chapter Five +Arbit ral Award +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (37) +Application of the Law o f Choice t o the Subject Matter of the Dispute +1. The Arbitral Tribunal shall apply the terms and conditions agreed upon between the +parties to the subject matter of the dispute. In case the parties have agreed upon +applying a law applicable in a particular country, the substantive rules of such law shall +be adopted without applying the rules relating to the conflict of laws, unless it is otherwise agreed, provided that the same shall not contradict the public order and +morality in the State. +2. Whenever the parties agree that the legal relationship between them shall be subject to the provisions of a model agreement, an international convention, or any other +document, such provisions shall apply, including the provisions related to Arbitration +provided for therein, provided that the same shall not contradict the public order and +morality in the State. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (38) +Authority of the Arbitral Tribunal to Identify the Law Applicable to the +Subject Matter o f the D ispute +1. If the parties fail to agree on the statutory rules applicable to the subject matter of the dispute, the Arbitral Tribunal shall apply the substantive rules of the law it deems most +connected to the subject matter of the dispute. +2. When deciding on the subject matter of the dispute, the Arbitral Tribunal shall take into +account the terms of the contract subject of the dispute, prevailing customs and practices +applicable to the transaction, and course of dealing between the parties. +3. The Arbitral Tribunal may not adjudicate the merits of the dispute ex aequo et bono , +without being restricted by the provisions of law, unless the parties expressly agree to +the same or authorize the Tribunal to act as an amiable compositeur. + +Federal Law No. (6) of 2018 concerning the Arbitration 24 + " +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (39) +Inter im and P artial Awards +1. The Arbitral Tribunal may make interim or partial awards before rendering its final +award ending the entire dispute. +2. The temporary orders of the Arbitral Tribunal shall be enforceable before the courts and shall be enforced under an enforcement order issued by the president of the court or his +delegate. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (40) +Arbitral award on Agreed Terms +In case the parties agree to make a settlement bringing an end to the dispute amicably, before the final award is rendered, they may request submission of the terms governing +such settlement to the Arbitral Tribunal which in turn, in such case, shall render an arbitral award including the terms of the settlement, whereupon the proceedings shall be brought to +an end. Such award shall have the same effect in respect of the enforcement of the arbitral +awards. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (41) +Form and Description of the Ar bitral Award +1. The arbitral award shall be passed in writing. +2. When there is more than one arbitrator, the award shall be made by the majority of the +arbitrators. If the opinions of the arbitrators are so divergent that the majority is not +constituted, the presiding arbitrator shall issue the award, unless the parties agree +otherwise. In such case, the dissenting opinions shall be noted down or enclosed and +shall be deemed an integral part of the award. +3. The award shall be signed by the arbitrators. If one of the arbitrators refuses to sign the +award, the reasons for refusal shall be recorded. The award shall be legally valid if it is +signed by a majority of the arbitrators. +4. Unless the parties agree otherwise or the law applicable to the arbitral proceedings does +Federal Law No. (6) of 2018 concerning the Arbitration 25 + not require the award to be supported by reasons, the arbitral award shall state the +reasons upon which it is based. +5. The arbitral award shall include the names and addresses of the litigants, the names, nationalities and addresses of the arbitrators, a copy of the Arbitration Agreement, a summary of the parties' reliefs, submissions and documents, the dispositive part and, if +required, reasons of the award, and date and place of issuance thereof. +6. The arbitral award shall be deemed to have been rendered at the seat of arbitration in +accordance with the provision of article (28) of this Law, even if it is signed by the +members of the Arbitral Tribunal outside the seat of arbitration and regardless of the +method whereby it is signed, whether it is signed by the members of the Arbitral +Tribunal in person, it is sent to be signed by each party separately or it is signed by the +electronic means, unless otherwise agreed by the parties. +7. Unless otherwise agreed by the parties, the date of the award shall be the same date on which the award is signed by the sole arbitrator. If there is more than one arbitrator, the date of the award shall be the date of the last signature by the arbitrator. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (42) +Timing for the Final Award +1. The Arbitral Tribunal shall render the final award ending the entire dispute within the period agreed upon by the parties. In case of failure to agree on such period or the +method to determine it, the award shall be issued within six (6) months from the date of +the first session of arbitration. The Arbitral Tribunal may decide to extend the period of +the proceedings for a further period not to exceed additional six (6) months, unless the +parties agree upon a longer period. +2. The Arbitral Tribunal or one of the parties may, in case of rendering the arbitral award +after the expiry of the period referred to in Clause (1) of this Article, request the court to pass a judgment prescribing an additional period for rendering the arbitral award or terminate the proceedings, if necessary. It may also extend such period in accordance +with the conditions it deems appropriate. The judgment in this regard shall be deemed +Federal Law No. (6) of 2018 concerning the Arbitration 26 + final, unless the parties agree otherwise. +3. If the court renders a judgment terminating the arbitral proceedings, any of the parties +may file its claims before the initially competent court. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (43) +Deciding of the Preliminary Matters +If, in the course of the arbitral proceedings, a question outside the jurisdiction of the Arbitral +Tribunal arises, or if a document submitted to it is challenged for forgery, or criminal +proceedings are initiated for its forgery or for any other crime, the Arbitral Tribunal may +continue reviewing the subject matter of the dispute if it deems that deciding on such a question, on the forgery of the document or on the other criminal act is not necessary for +deciding on the subject matter of the dispute. Otherwise, the Tribunal shall suspend the +proceedings pending a final judgment in this regard. This entails suspension of the time limit +set for issuance of the award. It shall be resumed from the day following the date of +informing the Arbitral Tribunal that the reason for the suspension has ceased to exist. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (44) +Service of the Arbitral Award +Subject to the provisions of article (47) of this Law, the Arbitral Tribunal shall notify all +parties of the award by delivering a true copy or a copy thereof signed by the arbitrator to +each party within fifteen (15) days from the date the award is rendered. + + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (45) +Termination of the Arbitral P roceedings +1. The arbitral proceedings shall be terminated by rendering the final award ending the dispute by the Arbitral Tribunal. +2. The Ar bitral Tribunal shall terminate the proceedings in any of the following cases: +a. If the parties agree to terminate the arbitral proceedings in accordance with the +Federal Law No. (6) of 2018 concerning the Arbitration 27 + provisions of this Law; +b. If the Claimant abandons the arbitration case, unless the Arbitral Tribunal decides, +upon the Respondent's request, that the latter has a genuine interest in the +continuation of the arbitral proceedings until the dispute is decided on; or +c. In case the Arbitral Tribunal, for any other reason, comes to the conclusion that it is +of no use or impossible to continue the arbitral proceedings. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (46) +Arbitration Expenses +1. Unless the parties agree otherwise, the arbitral tribunal shall be allowed to evaluate the +arbitration expenses, including the fees and expenses incurred by any member of the +Arbitral Tribunal in order to carry out his duties and the expenses of appointment of +experts by the Arbitral Tribunal. +2. The Arbitral Tribunal may inflict all or part of such fees and expenses provided for in +Clause (1) of this Article on one of the parties. The court may, at the request of one of the +parties, amend the arbitrators' valuation of their fees or the expenses so as to +compensate the effort done, the nature of the dispute and the experience of the arbitrator. +3. No requests shall be submitted to the count to re -consider the value of the expenses if +there is an agreement on their value. + + + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (47) +Refrainment from Delivering the Award in Case o f Non -Payment of the +Expenses +1. Without prejudice to the right of the arbitrators to claim their fees and expenses from the +parties, the Arbitral Tribunal may refuse to deliver the final arbitral award to the parties +in case of failure to pay all the expenses of arbitration. +Federal Law No. (6) of 2018 concerning the Arbitration 28 + 2. If the Arbitral Tribunal refuses to deliver the award in accordance with the provisions of +Clause (1) of this Article, any of the parties may submit a request to the court, after +notifying the other parties and the Arbitral Tribunal, to oblige the Arbitral Tribunal to +deliver the award to the parties, after submitting a proof of payment of all the fees and expenses requested by the Arbitral Tribunal or determined by the court in accordance +with article (46) of this Law. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (48) +Confidentiality of Awards +The arbitral awards shall be confidential and may not be published in whole or in part +without the written consent of the parties. The publication of judgments that include an +arbitral award shall not be deemed violation of such principle. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (49) +Interpretation of the Award +1. Once the arbitral award is rendered, the Arbitral Tribunal shall have no authority to +decide on any matters covered in the arbitral award. However, any of the parties may +request the Arbitral Tribunal, within (30) thirty days of receipt of the arbitral award, to +give an interpretation clarifying an ambiguity that appears in the dispositive part of the +award, unless the parties agree on other procedures and periods. The party requesting +clarification shall notify the other party of such request before presenting it to the +Arbitral Tribunal. +2. If the Arbitral Tribunal finds that the request for interpretation is justified, it shall issue a +written decision of interpretation within thirty (30) days following the date of submission of the request to the Tribunal. It may extend such period of time for further +fifteen (15) days if it deems it necessary. +3. The decision of interpretation shall be deemed complementary to the relevant arbitral +award and subject to rules applicable thereto. + +Federal Law No. (6) of 2018 concerning the Arbitration 29 + " +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (50) +Correction of Material Errors in A wards +1. The Arbitral Tribunal shall correct any purely material errors in its award, whether +typographical or in computation, by a decision on its own initiative or at the request of a +party, after notifying the other parties. The request shall be submitted within the thirty +(30) days following the receipt of the award, unless the other parties agree on other +procedures or periods. The Arbitral Tribunal shall make the correction of the award +within (30) thirty days following the making of the award or the submission of the +request for correction, as the case may be. It may, if it deems necessary, extend such +period for further (15) fifteen days. +2. The decision regarding the correction shall be issued in writing and shall be notified to +the parties within fifteen (15) days from the date of its issuance. +3. The decision issued on the correction of the award shall be deemed complementary to +the arbitral award and subject to rules applicable thereto. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (51) +Additional Arbit ral Award +1. Each party may, within thirty (30) days following the date of receipt of the arbitral award, request the Arbitral Tribunal to render an additional award as to claims presented during +the arbitral proceedings but omitted from the award. The requesting party shall notify +the other parties of such petition. +2. If the Arbitral Tribunal deems that the petition referred to in Clause (1) of this Article is +justified, it shall render its award within sixty (60) days from the date the petition is submitted. It may extend such period for further (30) thirty days. +3. The additional arbitral award shall be deemed complementary to the arbitral award and +subject to rules applicable thereto. +4. If the Arbitral Tribunal does not issue the arbitration award in accordance with this +Article and Articles (49) and (50) of this Law, the party concerned shall request the court +to do the same. +Federal Law No. (6) of 2018 concerning the Arbitration 30 + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (52) +Binding Force of the Awards +Arbitral Awards rendered in accordance with the provisions of the present Law shall be +binding to all the parties and shall have the authority of the res judicata . Further, it shall +have the same self -executing force as if it were a judgment. However, to enforce such +awards, a decision to confirm it shall be obtained from the court. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (53) +Appeal of the Award +1. Arbitral awards shall not be challenged except by instituting an action for annulment or during the consideration of the confirmation decision. The party requesting the +annulment of the arbitral award shall prove the existence of any of the following reasons: +a. Absence of an Arbitration Agreement, or the Agreement is void, or terminated due to +expiry of its term in accordance with the law to which the Agreement is subject by +the parties or in accordance with this Law if there is no reference to a specific law; +b. One of the parties, at the time of enforcement thereof, lacks capacity or of +diminished capacity in accordance with the law which governs its capacity; +c. The person lacked the legal capacity to take any action regarding the right, the +subject matter of dispute, in accordance with the law governing his capacity, which is +stipulated in article (4) of this Law. +d. If one of the parties to the Arbitration is unable to present its case as a result of not +being given proper notice of the appointment of an Arbitrator or of the arbitral +proceedings, the Arbitral Tribunal's violation of the litigation principles or for any +other reason beyond its control; +e. If the arbitral award fails to apply the law agreed upon by the parties to govern the +subject matter of the dispute; +f. If the composition of the Arbitral Tribunal or the appointment of one of the +Federal Law No. (6) of 2018 concerning the Arbitration 31 + Arbitrators is in conflict with the provisions of this Law or the agreement of the +parties; +g. If the arbitral proceedings are invalid to the effect that impairs the award; or if the award is rendered after the due time limit; or +h. If the arbitral award deals with matters not falling within the scope of the Arbitration +Agreement or exceeding the limits of this agreement. Nevertheless, when matters +falling within the scope of the Arbitration can be separated from the parts of the award which contains matters not included within the scope of the Arbitration, the +nullity affects exclusively the latter parts only. +2. The court shall invalidate the arbitral award on its own if it finds out the following: +a. The subject matter of the dispute is a matter in which Arbitration may not be held; or +b. The arbitral award contradicts the public order and morality in the State. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (54) +Action for the Annulment of the Arbitral Award +1. The judgment rendered by the court on the action for annulment shall be final and shall +not be subject to appeals except by way of Cassation. +2. The action for annulment of an arbitral award shall not be heard after thirty (30) days +following the notification of the arbitral award by the party requesting annulment. +3. The judgment nullifying the arbitral award entails the cancellation of the award in whole +or in part, depending on whether such nullification pertains to all or part of the award. If +an interpretation has been issued on the part that is rendered nullified, such +interpretation shall likewise be nullified; +4. Unless otherwise agreed by the parties, the Arbitration Agreement shall remain valid in accordance with the provisions of this Law after annulment of the arbitral award, unless +such annulment is based on the absence, extinction, nullity or non -enforceability of the +Agreement itself. +5. Waiver of the right to institute the annulment action prior to the passing of the award +shall not prevent the admission of the action. +Federal Law No. (6) of 2018 concerning the Arbitration 32 + 6. The court from which the annulment of the arbitral award is sought may suspend the +annulment proceedings for a period not exceeding (60) sixty days if it finds it +appropriate at the request of one of the parties in order to give the Arbitral Tribunal an +opportunity to take any action or rectify the form of the award that may eliminate the causes of annulment without affecting its content. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (55) +Enfor cement of the Arbitral Award +1. The party desiring to enforce the arbitral award shall submit a request for the confirmation of the award and order to enforce thereof to the court, provided that such +request is accompanied by the following documents: +a. The original award or a certified true copy thereof; +b. A copy of the Arbitration Agreement; and +c. A certified Arabic translation of the arbitral award from an accredited body in case +the award was not made in Arabic. +d. A copy of the transcript of filing the judgment with the Court. +2. The court's president or his delegate from judges shall confirm and enforce the arbitral award, within a period of (60) sixty days from the day of submission of confirmation +decision and enforcement thereof, unless it finds that one or several reasons for +annulment of the arbitral award is based on any of the cases contained in Clause (1) of +article (53) of this Law. + + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (56) +Request for the Suspension of the Arbitral Award +1. The filing of an annulment action does not entail the suspension of the arbitral award. +However, the court hearing the annulment action may order such suspension at the +request of any of the parties if the request is based on serious grounds. +2. The court shall decide on the request for the suspension of the arbitral award within +Federal Law No. (6) of 2018 concerning the Arbitration 33 + fifteen (15) days from the date of the first hearing scheduled for considering such +request. +3. If the court orders the suspension of the award, it may require the party requesting the suspension to post a security or monetary guarantee. Further, it shall decide on the annulment action within three (3) months from the date such order is rendered. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (57) +Challenging the Arbitral Award Enforcement Order +A grievance may filed before the competent court of appeal against the Court decision ordering the enforcement or rejecting the enforcement of the arbitral award within (30) +thirty days following the date of being notified thereof. + +Chapter Six +Final Provision +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (58) +Code of Ethical Conduct for Arbitrators and their Rosters +1. The Minister of Economy shall issue the Code of Ethical Conduct for Arbitrators in +coordination with the arbitral entities in the State. +2. The Minister of Justice or the president of the competent judicial body shall establish +rosters of arbitrators who are to be selected in accordance with the provision of Article +(11) of this Law. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (59) +Inter -Temporal Scop of this Law +The provisions of this Law shall apply to any ongoing Arbitration at the time of its entry into +force, even if it is based on an earlier Arbitration Agreement, provided that the proceedings +carried out in accordance with the provisions of any previous legislation shall remain valid. + +Federal Law No. (6) of 2018 concerning the Arbitration 34 + " +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (60) +Repeal of the Contradictory Provisions +1. Articles (203 -218) of Federal Law No. (11) of 1992 referred to above are hereby +repealed, provided that the proceedings carried out in accordance therewith shall remain +valid. +2. Any provision contrary to the provisions of this Law is hereby repealed. + +" +economy and business,Federal Law No. (6) of 2018 concerning the Arbitration,"Article (61) +Publication and Entry Into Forece of this Law +This Law shall be published in the Official Gazette and shall enter into force one month +following the date of its publication. + + +Khalifa Bin Zayed Al Nahyan +President of the United Arab Emirates + +Issued by us in the Abu Dhabi Presidential Palace +Dated: 17 Sha'ban 1439 AH. +Corresponding to: 03 May 2018 AD. + + " +economy and business,Cabinet Resolution No. (107) of 2022 Promulgating the Executive Regulations of Federal Decree by Law No. (37) of 2021 Concerning the Commercial Register,"Article (1) +Definitions +For the purpose of applying the provisions of the present Resolution, the following words and +expressions shall have the meanings assigned thereto respectively, unless the context requires +otherwise: +State : The United Arab Emirates. +Ministry : The Ministry of Economy. +Minister : The Minister of Economy. Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Concerning the +Commercial Register 2 + Competent +Authority : The local government entity and the free zones authorities that are +vested with the authority to issue licenses for economic activities, +including commercial, i ndustrial, tourist, media and other +economic activities licensed in the State. +Economic Activit y : Economic activities include commercial, industrial, tourist, media +and other economic activities licensed in the State. +License : A document issued by the Competent Authority stating that an +establishment is licensed to practice its economic activity after +being registered in the Commercial Register. +Deregistration : An administrative procedure conducted by the Competent +Authority to modify the establishment’s data entered in the +Commercial Register, in any of the cases set forth in article (9) of +the Decree -Law and article (8) of the present Resolution. +Commercial +Company: : A company subject to the provisions of Federal Decree -Law No. +(32) of 2021 Concerning Commercial Companies. +Establishment : Any entity subject to the provisions of article (3) of the Decree -Law. +Commercial +Register : A database to be created at the Competent Authority, in which the +names and data of the persons subject to the provisions of the +Decree -Law shall be at the Competent Authority, each within its +respective areas of competence. +Economic +Register : A database to be created at the Ministry and containing the data of +the Commercial Register, including the names and data of the +persons subject to the provisions of the Decree -Law and the +Commercial Register Number provided by the Competent +Authority, in addition to any other data determined by the present +Resolution. +Commercial +Register Number : An identifi cation number assigned to the establishment practicing +the economic activity when being registered in the Commercial +Register at the Competent Authority. Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Concerning the +Commercial Register 3 + Economic +Register Number : An identification number assigned to the establishment practicing +the econ omic activity when being registered in the Economic +Register at the Ministry. +Decree -Law : Federal Decree -Law No. (37) of 2021 Concerning the Commercial +Register. + +" +economy and business,Cabinet Resolution No. (107) of 2022 Promulgating the Executive Regulations of Federal Decree by Law No. (37) of 2021 Concerning the Commercial Register,"Article (2) +Commercial Register +The Commercial Register shall contain the following data and information: +1. Data of the establishment practicing the economic activity: +a. Commercial Register Number; +b. Economic Register Number after being issu ed by the Ministry ; +c. Trade name in both Arabic and English; +d. Date of incorporation; +e. Phone number and email address; +f. License number, and issuance and expiry date; +g. License Status , to verify the license validity and whether it is suspended or placed under +liquidation or deregistered ; +h. Type of the License, including commercial, industrial, professional, craft, and other +licenses ; +i. Legal Form; +j. Amount of the capital, the number of shares or stocks and their nominal value (if any) ; +k. Address of the establishment ; +l. No. of the Establishment Card with the Federal Authority For Identity, Citizenship, +Customs and Port Security; +m. The Branch’s License (if any); +n. The Branch’s Name in both Arabic and English; +o. Local License Number; Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Concerning the +Commercial Register 4 + p. License Number of the parent establishment ; +q. GPS coordinates, and virtual licenses that do not require a geographical location to +practice their activity may be excluded; +r. Date of any change and modification to the establishment’s data in the license; +s. No. and name of the economic activity; and +t. Name of the manager or the c hairman of the board of directors, as the case may be. +2. Data of the owners, including partners or shareholders: +a. Their name s in both Arabic and English ; +b. Gender and date of birth; +c. Nationality; +d. ID card data for nationals and residents of the State, or passport data for non -residents; +e. Phone number and email address; +f. Registration number. +g. Local number for non -residents in the State (if any) ; +h. Name and legal form of the partners or shareholders which are legal persons, according +to the License ; +3. Data of the Management: +a. Names of the board members or managers , as the case may be, in both Arabic and English; +b. ID card data for nationals and residents of the State, or passport data for non -residents; +c. Nationality of the board members or managers ; +d. Phone number and email address; +4. Data of the beneficial owner in accordance with Cabinet Resolution No. (58) of 2020 +Reg ulating the Beneficial Owner Procedures . + +" +economy and business,Cabinet Resolution No. (107) of 2022 Promulgating the Executive Regulations of Federal Decree by Law No. (37) of 2021 Concerning the Commercial Register,"Article (3) +Registration in the Commercial Register +1. The Competent Authority shall regulate the requirements and procedures for registration in +the Commercial Register and publish the same on its website. Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Concerning the +Commercial Register 5 + 2. Taking into account the data contained in Clause (1) of article (5) of the Decree -Law, the +applicant for registration in the Commercial Register shall provide the following documents +and fulfill the following requirements: +a. A trade name reservation certific ate that shall contain the name, legal form, and activity +of the establishment, provided that the trade name and the economic activity do not +breach public order. +b. The applicant shall be fully competent . +c. A valid ID card or passport of the board members or m anagers. +d. The license, memorandum of association, or articles of association, as the case may be, as +for the partners or shareholders of the establishment applying for registration in the +Commercial Register if it is a legal person. +e. A valid ID card or passp ort of the shareholders of the establishment applying for +registration in the Commercial Register if they are natural persons. + +" +economy and business,Cabinet Resolution No. (107) of 2022 Promulgating the Executive Regulations of Federal Decree by Law No. (37) of 2021 Concerning the Commercial Register,"Article (4) +Annotating the Commercial Register with any Change or Modification +The Competent Authority may, sua sponte , annotate the Commercial Register with any change +or modification to the establishment ’s data entered therein , within no more than (3) three +working days after fulfilling the prescribed controls, in any of the following cases: +1. Issuing a decision by any government or relevant entity that would change or modify the +establishment ’s data ; or +2. Failure to renew the establishment ’s registration within the period specified by the +Competent Authority . + +" +economy and business,Cabinet Resolution No. (107) of 2022 Promulgating the Executive Regulations of Federal Decree by Law No. (37) of 2021 Concerning the Commercial Register,"Article (5) +Correction of Errors +In the event that a material or procedural error is committed during the registration, modification +or renewal of the establishment’s data in the Commercial Register or any other procedures , the Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Concerning the +Commercial Register 6 + Competent Authority shall correct such error within no more than (3) three working days from +the date of detect ing the error or from the date of receiving the data correction application +submitted by an interested person or the legal representative of the establishment , in accordance +with the controls issued thereby in this regard and the applicable procedures . + +" +economy and business,Cabinet Resolution No. (107) of 2022 Promulgating the Executive Regulations of Federal Decree by Law No. (37) of 2021 Concerning the Commercial Register,"Article (6) +Renewing Registration in the Commercial Register +1. The establishment’s registration in the Commercial Register shall be renewed within the +period dete rmined by the Competent Authority subject to the following controls: +a. Fulfilling all the requirements of the entities relevant to the economic activity of the +establishment ; +b. Providing a certified copy of the lease agreement for the establishment’s premises, or as +required by the Competent Authority in this regard ; +c. Any other controls determined by the Competent Authority . +2. An application for renewal of registration in the Commercial Register shall be submitted to +the Competent Authority on the form designated for this purpose, and accompanied by +documents supporting the validity of the data referred to in the Decree -Law and the present +Resolution. +3. The Competent Authority shall scrutinize the application and verify that it meets the +prescribed conditions and contains the required documents and data, and it shall issue its +decision thereon within the period specified under its regulations . Such period shall +commence from the date of fulfilling the registration renewal requirements . +4. In the event that the application is approved and the registration in the Commercial Register +is renewed , the Competent Authority shall issue the registration renew al license with the +same registration number of the establishment in the Commercial Register issued for the first +time and for the period determined by the Competent Authority , after paying the prescribed +fees. + Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Concerning the +Commercial Register 7 + " +economy and business,Cabinet Resolution No. (107) of 2022 Promulgating the Executive Regulations of Federal Decree by Law No. (37) of 2021 Concerning the Commercial Register,"Article (7) +Use of the Commercial Register Number +The persons governed by the provisions here of shall be oblig ated to use and mention the +Commercial Register Number in all their documents and printed material , in their business and +transactions with third parties, as well as on the website of the establishment in a clear and +accessible manner. + +" +economy and business,Cabinet Resolution No. (107) of 2022 Promulgating the Executive Regulations of Federal Decree by Law No. (37) of 2021 Concerning the Commercial Register,"Article (8) +Cases of Deregistration from the Commercial Register +Subject to the provisions of article (9) of the Decree -Law, t he person governed by the provisions +of the Decree -Law or its representative, inheritors or liquidators, as the case may be, shall apply +for d eregistration from the Commercial Register in any of the following cases: +1. The establishment ceases to practice its activity , within the period specified by the Competent +Authority and in accordance with the applicable procedures , and t he cessation period shall +be calculated from the date of non -renewal of the license or the date of actual cessation , +whichever is earlier ; +2. Closure of the establishment; +3. Merger of commercial companies; +4. The establishment practices any activity not licensed by t he Competent Authority. + +" +economy and business,Cabinet Resolution No. (107) of 2022 Promulgating the Executive Regulations of Federal Decree by Law No. (37) of 2021 Concerning the Commercial Register,"Article (9) +Controls and Procedures for Deregistration from the Commercial Register +1. In the event that the Competent Authority deregisters the establishment from the Commercial +Register , it shall notify the establishment there of within one month from the date of +notification. If the period set out in this Clause lapses without an acceptable justification , +given by the establishment, for not deregistering the same , the Competent Authority shall +deregister the establishment and publish a decision to that effect on its website. Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Concerning the +Commercial Register 8 + 2. In the case that the establishment desires to be deregistered from the Commercial Register , it +shall submit an application on the form approved by the Competent Autho rity, accompanied +by the documents supporting the validity of the data contained therein, including defining the +nature of the procedure that it desires to deregister. T he Competent Authority shall issue its +decision on the application in accordance with its regulations. + +" +economy and business,Cabinet Resolution No. (107) of 2022 Promulgating the Executive Regulations of Federal Decree by Law No. (37) of 2021 Concerning the Commercial Register,"Article (10) +Controls and Procedures for the Re-Registration in the Commercial Register +In the event that the establishment desires to be re -registered in the Commercial Register, it shall +comply with the following controls and procedures: +1. Compl ying with all the controls stipulated in article (5) of the Decree -Law and article (3) +hereof; +2. Submitting an application for re -registration in the Commercial Register to the Competent +Authority on the form design ated for this purpose, accompanied by documents supporting +the validity of the data contained therein, within the period determined by the Competent +Authority; +3. After fulfilling the requirements and controls, the Competent Authority shall decide on the +appl ication for re -registration. If the application is approved, the applicant shall be given a +certificate of re -registration in the Commercial Register after paying the prescribed fee. + +" +economy and business,Cabinet Resolution No. (107) of 2022 Promulgating the Executive Regulations of Federal Decree by Law No. (37) of 2021 Concerning the Commercial Register,"Article (11) +Court Judgments and Annotation in the Commercial Register +Subject to the provisions of the legislation in force, t he courts or judicial committees, as the case +may be, shall send , by any modern means, to the Competent Authority, a copy of the judgments +or decisions set forth in article (10) of the Decree -Law , within no more than (5) five working days +from the date on which the judgment becomes final or definitive. + + Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Concerning the +Commercial Register 9 + " +economy and business,Cabinet Resolution No. (107) of 2022 Promulgating the Executive Regulations of Federal Decree by Law No. (37) of 2021 Concerning the Commercial Register,"Article (12) +Liens on the Business Premises +The Competent Authority shall enter any mortgage created on the business premises or on any +of it s elements, such as the trade name, trademark, patents, industrial property rights, intellectual +property rights and other elements of the business premises , in the Commercial Register +according to the following procedures: +1. The mortgage applicant shall submit to the Competent Authority an application for +mortgag ing the business premises or any of its elements on the form designated for this +purpose , accompanied by the documents supporting such application . +2. The Competent Author ity shall scrutinize the application for mortgaging the business +premises or any of its elements and shall issue its decision thereon within the period +determined thereby under its regulations. If the application is approved, the Competent +Authority shall issue a certificate of mortgage of the business premises or any of its elements, +as the case may be. + +" +economy and business,Cabinet Resolution No. (107) of 2022 Promulgating the Executive Regulations of Federal Decree by Law No. (37) of 2021 Concerning the Commercial Register,"Article (13) +Economic Register +1. Taking into account the private data of the persons subject to the provisions of the Decree - +Law and th e present Resolution, the Economic Register shall contain the data related to +trademarks, commercial agencies, protection of industrial property of patents, designs and +models, and other data, provided tha t such data are determined in coordination with the +entities concerned. +2. The Ministry shall create an Economic Register Number to be assigned to the establishment +upon its registration. The establishment shall use such number in its procedures and dealings +with government entities in the State . Furthermore, t he Ministry shall use the Economic +Register Number in the data it exchanges with government entities . + + Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Concerning the +Commercial Register 10 + " +economy and business,Cabinet Resolution No. (107) of 2022 Promulgating the Executive Regulations of Federal Decree by Law No. (37) of 2021 Concerning the Commercial Register,"Article (14) +Publishing Data of the Commercial Register or the Economic Register +1. The Ministry and the Competent Authority, as the case may be, may publish on its website +the following data of the Commercial Register or the Economic Register : +a. Commercial Register Number; +b. Economic Register Number; +c. Trade name in both Arabic and English; +d. Date o f incorporation of the establishment; +e. Phone number and email address; +f. License number, and issuance and expiry date; +g. License Status, to verify the license validity and whether it is suspended or placed under +liquidation or deregistered; +h. Type of the Licens e, including commercial, industrial, professional, craft, or other licenses; +i. Legal Form of the establishment ; +j. Amount of the establishment’s capital, the number of shares or stocks and their nominal +value (if any); +k. Address of the establishment; +l. The Branch’s License (if any); +m. The Branch’s Name in both Arabic and English; +n. Local License Number; +o. License Number of the parent establishment; +p. Date of any change and modification to the establishment’s data; +q. No. and name of the economic act ivity; and +r. Name of the manager or the chairman of the board of directors, as the case may be. +2. The Ministry may, in coordination with the Competent Authority and government entities, +publish any other data on its website. + + Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Concerning the +Commercial Register 11 + " +economy and business,Cabinet Resolution No. (107) of 2022 Promulgating the Executive Regulations of Federal Decree by Law No. (37) of 2021 Concerning the Commercial Register,"Article (15) +Having Access to Data +1. Any interested person or stakeholder may apply to the Ministry or the Competent Authority, +as the case may be, for obtain ing an extract of the data provided for in article (14) hereof . +2. The government entities may apply to the Ministry or the Competent Authority for hav ing +access to , or obtaining an extract of, the registration data entered in the Commercial Register +or the Economic Register , in accordance with the procedures applicable in this regard, +provided that the application contains an indication to the nature of the data for which the +application is made. + +" +economy and business,Cabinet Resolution No. (107) of 2022 Promulgating the Executive Regulations of Federal Decree by Law No. (37) of 2021 Concerning the Commercial Register,"Article (16) +Linking and Sharing D ata +1. The Competent Authority shall share all the data contained in the Commercial Register or in +any other database, including data related to judgments and decisions issued b y courts or +judicial committees and any change or update thereto, with the Economic Register and shall +link the same to the said Register , in a way that provides instantaneous linking of such data, +enhances digital transformation and makes the shared services available . +2. Without prejudice to the provisions of Clause (1) of this Article, the Competent Authority +shall , in case of any technical challenges related to linking and sharing the data contained in +the Commercial Register or in any other database, share such data with the Economic +Register , within no more than (3) three working days , by any means to be adopted in +coordination with the Ministry. + +" +economy and business,Cabinet Resolution No. (107) of 2022 Promulgating the Executive Regulations of Federal Decree by Law No. (37) of 2021 Concerning the Commercial Register,"Article (17) +Repeals +Any provision inconsistent or discrepant with the provisions of the present Resolution is hereby +repealed. + Cabinet Resolution of 20 22 Concerning the Executive Regulations of Federal Decree -Law of 20 21 Concerning the +Commercial Register 12 + " +economy and business,Cabinet Resolution No. (107) of 2022 Promulgating the Executive Regulations of Federal Decree by Law No. (37) of 2021 Concerning the Commercial Register,"Article (18) +Publishing and Entry into Force +The present Resolution shall be published in the Official Gazette and shall enter into force from +the day following its publishing date. + + + + + +Mohammed bin Rashid Al Maktoum +Prime Minister + +Issued by us on: +13 Jumada Al -Awwal 1444 A .H. +Corresponding to: 7 December 2022 AD " +economy and business,Cabinet Resolution No. (77) of 2022 Concerning Limited Liability Companies,"Article (1) +Definitions +For the purpose of applying the provisions of the present Resolution, the following words +and expressions shall have the meanings assigned thereto respectively, unless the context +requires otherwise: +State (UAE) : The United Arab Emirates. +Ministry : The Ministry of Economy. +Minister : The Minister of Economy. +Competent +Authority : The local authority in charge of corporate affairs in the +relevant emirate. +Company : A limited liability company. +General Meeting : Comprising the Company’s owner in case of a sole +proprietorship or all partners in case that the Company is +owned by several partners. Cabinet Resolution of 20 22 Concerning Limited Liability Companies 2 + Director : A director authorized to manage the Company, duly +appointed by virtue of the memorandum of association, a +separate agreement, or a decision by the general meeting +or otherwise. +Board : Board of directors. +Registrar : The Companies’ registrar, who is appointed by the +Minister and who carries out his duties in the Ministry. +Governance : A set of controls, standards and procedures that achieve +corporate discipline in the Company’s management, as +per the international standards and techniques, by +delineating responsibilities, duties, and scope of powers. +Relevant Parties : Any of partners, general manager, board of directors or +members of the supervisory board, as the case may be, or +the executive management or employees of the Company, +whenever they have transactions or contracts with the +Company constituting any conflict o f interests. +Business Day : A normal business day of the relevant Competent +Authority. +Decree -Law : Federal Decree -Law No. (32) of 2021 on Commercial +Companies. + +" +economy and business,Cabinet Resolution No. (77) of 2022 Concerning Limited Liability Companies,"Article (2) +Applicability of the Resolution +The provisions of the present Resolution shall apply to limited liability companies with +regard to the following: +1. Procedures of the Company’s incorporation and management in case of a sole +proprietorship. Cabinet Resolution of 20 22 Concerning Limited Liability Companies 3 + 2. Regulating the cases in which the provisions presc ribed for joint -stock compan ies are +not applicable to the Company. + +" +economy and business,Cabinet Resolution No. (77) of 2022 Concerning Limited Liability Companies,"Article (3) +Provisions Governing the Incorporation of a Limited Liability +Sole Proprietorship +1. The terms and conditions for the incorporation of a limited liability sole proprietorsh ip +shall hereby be established. +2. Subject to the provisions of Clause (1) above, the Competent Authority shall set the +standards, terms, and conditions of the incorporation of a limited liability sole +proprietorship , pertaining to matters where no particular provision is stipulated +herein. +3. A limited liability sole proprietorship shall have a name derived from its object or its +owner’s name followed by the abbreviation “L.L.C” (a sole proprietorship). +4. A sole natural or legal person may incorporate a limited liability sole proprietorship or +own the entire shares of an existing limited liability company to be a limited liability +sole proprietorship. + +" +economy and business,Cabinet Resolution No. (77) of 2022 Concerning Limited Liability Companies,"Article (4) +Memorandum of Association of a Limited Liability Sole Proprietorship +1. The memorandum of associat ion of a limited liability sole proprietorship shall +particularly include the following details: +a. The Owner’s f ull name, nationality, date o f birth and place of residence . +b. The Company’s name, a ddress, trade name (if any) and objects . +c. The Company’s headquarters and branches (if any) . +d. The Company’s capital estimated value and method of estimation . +e. The Company’ s commencement and expiry date s (if any) . Cabinet Resolution of 20 22 Concerning Limited Liability Companies 4 + f. The Company’s management method, along with indicating the names of +authorized signatories authorized to sign on beh alf of the Company and their +scope of powers . +g. Commencement and expiry of the fiscal year . +h. Percentage of profit and loss distribution (if any) . +i. Any other details identified by the Competent Authority. +2. If the Company’s memorandum of associa tion includes the name of the Director(s) , +the full name, nationality, place of residence and powers shall be indicated. + +" +economy and business,Cabinet Resolution No. (77) of 2022 Concerning Limited Liability Companies,"Article (5) +Procedures for Incorporating a Limited Liability Sole Proprietorship +The following procedures shall apply to the incorporation of a limited liability sole +proprietorship: +1. An incorporation application shall be submitted to the Competent Authority on the +approved form, accompanied by the required documents, and the prescribed fees +shall be paid. +2. The Competent Authority may request the adjustment or completion of any details or +documents, pursuant to the provisions of the Decree -Law and the resolutions issued +thereunder. +3. The Competent Authority shall issue its decision on the application for incorporating +a limited liability sole proprietorship within (5) f ive Business Days from the date of +submission of the application , completion of information and documents or +introduction of adjustments. In case of rejection of the application, the rejection shall +be reasoned; however, the expiry of the above time limit for decision on the +application shall constitute an indication of rejection of the application. +4. If the application is reject ed based on any of the case s referred to in Clause (3) above, +the applicant or his representative may file a grievance before the Competent +Authority within (15) fifteen Business Days. If the grievance is rejected or not decided Cabinet Resolution of 20 22 Concerning Limited Liability Companies 5 + on within (15) fifteen Business Days from the submis sion date thereof, the applicant +may appeal the same before the Competent Court, within (30) thirty days from the +date of being notified of the rejection or the lapse of such t ime limit, as the case may +be. +5. If the incorporation application is approved, the Competent Authority shall register +the limited liability sole proctorship in the Commercial Registry and issue a trade +license thereto. +6. The Competent Authority shall provide the Registrar with a copy of the Company’s +trade license and memora ndum of association via the electronic networking, as per +the controls set by the Minister in this regard. + +" +economy and business,Cabinet Resolution No. (77) of 2022 Concerning Limited Liability Companies,"Article (6) +Details and Documents Required to be Retained at the Headquarters of a +Limited Liability Sole Proprietorship +A limited liability sole proprietorship shall ret ain at its headquarters the following: +1. A copy of the memorandum of association and any updates or amendments +introduced thereto . +2. A statement of cash amounts and the nature and value of assets owned by +shareholder s and the date of ownership . +3. Any other details , documents or records prescribed by virtue of the provisions of the +Decree -Law and the impleme nting resolutions thereof . +4. Any other details or documents identified by the Competent Authority. + +" +economy and business,Cabinet Resolution No. (77) of 2022 Concerning Limited Liability Companies,"Article (7) +Management of a Limited Liability Sole Proprietorship +1. Subject to the provisions related to limited liability companies set forth in the Decree - +Law, a limited liability sole proprietorship shall be man aged by one or more +Director(s), as decided by the Owner in the Memorandum of Association. Cabinet Resolution of 20 22 Concerning Limited Liability Companies 6 + 2. The Ge neral Meeting shall appoint the aforesaid Company’ s Director(s ) unless the +appointment is made in the memorandum of association or under a separate +agreement. +3. In case of multiple Director (s), the Owner may appoint th e board members and +ident ify in their appointment decision their number and capacities , including +chai rman, vice -chairman, and members. +4. The term of office of the Director(s) shall be identified in the appointment decision. +5. The powers of the Director or administrative/financial board s and other boards shall +be identified in the memorandum of association or the appointment decision, +includ ing the powers adequate to conduct the Company’ s business, take necessary +actions to preserve its funds and work honestly and faithfully. +6. If a Board member’s position becomes vacant, the Board may appoint an altern ative +member; provided that the appointment shall be presented at the first General +Meeting to approve the appointment or appoint another member, unless the +memorandum of association provides for otherwise. + +" +economy and business,Cabinet Resolution No. (77) of 2022 Concerning Limited Liability Companies,"Article (8) +Meetings of the Board +1. The B oard shall hold its meetings as defined in the memorandum of association. +2. The Board ’s decision s shall be passed by the majority of votes of attendees +represented at the meeting. In the event of a tie, the meeting ’s chairman shal l have the +casting vote, unless the memorandum of association provides for otherwise. +3. Before the Board calls for any Gener al Meeting, the Board shall hold its me eting at +least (30) thirty days before the date of the General Meeting, and shall notify the +shareholders , after the Board meeting is over , of the Board ’s decisions by virtue of a +detailed notice. The Owner shall b e notified of the date proposed for the General +Meeting , agenda and topics included in the agenda of the General Meeting. Cabinet Resolution of 20 22 Concerning Limited Liability Companies 7 + 4. Details of the topics considered, and decisions taken, including any reservations of +members or dissenting opinions, shall be record ed in t he Board meeting minutes, +which shall be signed by the members who attended the meeting and the meeting +rapporteur. If a member refrains from signing the minutes, h is objection s hall be +recorded in the minutes and the objec tion reasons shall be mentioned if expressed. +The Board meeting minutes shall be kept by the B oard rapporteur. + +" +economy and business,Cabinet Resolution No. (77) of 2022 Concerning Limited Liability Companies,"Article (9) +Identifying the Functions and Duties of the Executive Management +The Board or the Director authorized to manage a limited liability sole proprietorship, as +the case may be, shall preserve its rights , exercise care as a prudent person would exercise +and carry out all actions consistent with the Company’ s object and powers conferred on +them . + +" +economy and business,Cabinet Resolution No. (77) of 2022 Concerning Limited Liability Companies,"Article (10) +Governance +A limited liab ility sole proprietorship shall create a corporate Governance and discipline +system , as per the professional norms and in a manner consistent with the nature of a sole +proprietor ship, which shall be approved by the Owner, either directly or through a +General Meeting. + +" +economy and business,Cabinet Resolution No. (77) of 2022 Concerning Limited Liability Companies,"Article (11) +Accounts of the Company +1. The Company shall prepare regular accounts, as per the international accounting +standards and p rinciples, so as to reflect a true and fair image about the Company’ s +profits or losses for the fiscal year and the Company’s positions at the end of the fiscal +year and shall adhere to any requirements set forth in the Decree -Law and the +resolutions issued in implementation thereof. Cabinet Resolution of 20 22 Concerning Limited Liability Companies 8 + 2. The Company shall apply the international accounting s tandards and principles when +its interim and annual accounts ar e prepared and shall identify distributable profits. + +" +economy and business,Cabinet Resolution No. (77) of 2022 Concerning Limited Liability Companies,"Article (12) +Appointment of the Auditor +1. A sole proprietorship shall have one or more auditor (s) to be appointed and their +remuneration shall be fixed by the General Meeting. The auditor shall be registered +with the Ministry and licensed by the Competent Authority to practice the profession . +2. The auditor shall be a ppointed for o ne renewable year through which he shall audit +accounts of the fiscal year. +3. The auditor shall practi ce his duties from the end of such General Meeting to the end +of the subsequent Annual General Meeting (AGM ) and shall comply with the +provisions set forth in the Decree -Law and the resolutions issued in implementation +thereof. + +" +economy and business,Cabinet Resolution No. (77) of 2022 Concerning Limited Liability Companies,"Article (13) +Powers of the Auditor +The auditor may, at all times, access all the Company’s infor mation, entries, books, +records, documents and o ther papers . The auditor may ask for clarifications he deem s +necessary to per form his duties, and may also verify assets, rights, and obligations. If the +auditor is unable to practice his powers and perform his duties, he shal l record the same +in a report to be presented to the Board or the Company’s Director, as the case may be. I f +the Board or the Company’s Director, as t he case may be, fails to enable the auditor to +perform his duties, the auditor shall send a copy of the repo rt to the O wner. If the auditor +then is unable to perform his duties, his report sha ll be sent to the Competent Authority +or be presented to the General Meeting. + + Cabinet Resolution of 20 22 Concerning Limited Liability Companies 9 + " +economy and business,Cabinet Resolution No. (77) of 2022 Concerning Limited Liability Companies,"Article (14) +Approval of the Balance Sheet +1. Subject to article (94) of the Decree -Law, the Director, or the Board, as the case may +be, shall, after the balance sheet and the profit and loss statement are drawn up, obtain +the approval of the Owner of the balance sheet and the profit and loss statement +audited by the auditor , within the four months subsequent to the end of the fiscal year. +2. If the Owner fails to approve the balance sheet and the profit and loss statement +within the time limit specified in Clause (1) above, the Director or the Board , as the +case may be, shall submit an application to the Competent Authority , within (7) seven +days to be calculated from th e expiry date of the time limit set out in Clause (1) above , +to call the Owner to consider the approval of the balance sheet, the profit and loss +statement and the powe rs mentioned in article (94) of the Decree -Law. The +Competent Authority shall obli gate the Owner to decide on the approval, within a +period not exceeding (1 0) ten days from the date on which the Owner is notified . A +copy of the balance sheet shall be lodged with the Competent Authority, in accordance +with t he time limits prescribed by the Competent Authority . + +" +economy and business,Cabinet Resolution No. (77) of 2022 Concerning Limited Liability Companies,"Article (15) +Annual Report of the Auditor +1. The auditor shall present to the General Meeting a report containing the details and +information set forth in the Decree -Law. +2. The auditor shall attend the General Meeting and shall read out his report at the +General Meeting , explaining any obstructions or interventions by the Board which he +faced while performing his duties. The auditor’s report shall be independent and +neutral. The auditor shall give an opinion at the meeting on all matters related to his +duties, particularly the Company’s balance sheet, along with his observations on the +Company’s accounts and financial position and any violations therein. The a uditor +shall be responsible for the validity of the data set out in his report. The Owner may, Cabinet Resolution of 20 22 Concerning Limited Liability Companies 10 + during the General Meeting, discuss the auditor’s report and seek his clarification on +the matters mentioned therein. + +" +economy and business,Cabinet Resolution No. (77) of 2022 Concerning Limited Liability Companies,"Article (16) +Sale of Shares and Admission of Partners +The following conditions shall apply to the sale of shar es or the admission of partners into +a limited liability sole proprietorship: +1. The Competent Authority’s prior approval of sale shall be obtained. +2. Where no particular provision is stipulated in the present Resolution , all the terms, +conditions and criteria of a limited liability Company shall apply in so far as being +consistent with the nature of a limited liability sole proprietorship . +3. If the ownership of shares is transferred by inheritance, the Company shall remain +effective for a temporary period until the status is adjusted; meanwhile, heirs shall +appoint a per son who will manage the Company on their behalf, within a period not +exceeding (6) six months from the date of death. If the inheri tance proceeding s are +completed, a limited liability sole proprietorship shall be conver ted into a limited +liability company and the shares shall be registered so as to achieve the same. +4. A sole proprietorship form shall cease when partners are admitted, and the Company +then shal l be governed by the provisions of limited liability companies . + +" +economy and business,Cabinet Resolution No. (77) of 2022 Concerning Limited Liability Companies,"Article (17) +Call ing for a General Meeting +1. The General Meeting shall be h eld at the call of the Director or the Boar d of directors +at least one time a year, within the four months subsequent to the end of the fiscal +year. The General Meeting shal l be held at the place and time identified in the notice +of meeting, subject to the provisions of the sole proprietorship. +2. The Director or the Board, as the case may b e, may call for a Gene ral Meeting, as they +deem necessary. Cabinet Resolution of 20 22 Concerning Limited Liability Companies 11 + 3. The Competent Authority, auditor or shareholder may submit an application to the +Director or the Board, as the case may be, to call for a General Meeting. In such case, +the Director, or the Board, as the case may be, shall call for a General Meeting within +(5) five business days from the date of submission of the application. The General +Meeting shall be held within a period of not less than (21) twenty -one days and not +more than (30) thirty days from the date of call for the meeting. +4. If the General Meeting is called for before the meetin g date within a period less than +the period set out in article (93) of the Decree -Law, the call for a General Meeting shall +be deemed valid if approved by the shareholder. + +" +economy and business,Cabinet Resolution No. (77) of 2022 Concerning Limited Liability Companies,"Article (18) +Distribution of Profits +Subje ct to the provisions of a sole proprietorship , the Company shall deposit cash +dividends to the shareholder as provided by the memorandum of association. The +deposition of cash dividends may not exceed (30) thirty days from the date on which the +approval of such dividends is issued. + +" +economy and business,Cabinet Resolution No. (77) of 2022 Concerning Limited Liability Companies,"Article (19) +Introduction of Items to the General Meeting Agenda +Subject to the provisions of sole proprietorship s, the foll owing procedures shall apply to +the introduction of any new item to the General Meeting agenda: +1. The introduction shall be in writing via an appl ication to be submitted and signed by +the shareholder. +2. Any risky topics may be introduced by the auditor, the Director, the Board or otherwise +to the General Meeting, accompanied by the supporting documents and information. +The provisions prescribed for regulating items and results of the General Meeting shall +apply to such introduction. + Cabinet Resolution of 20 22 Concerning Limited Liability Companies 12 + " +economy and business,Cabinet Resolution No. (77) of 2022 Concerning Limited Liability Companies,"Article (20) +Deals with the Relevant Parties +Subject to the provisions of sole proprietorship s, the Company may conclude deals with +the Relevant Parties only in any of the following cases: +1. Approval of the Director or the Board, as the case may be, if the deal amount is less +than (5%) of the Company’s capital. +2. Approval of the General Meeting by virtue of a special decision where the deal value +is more than (5%) of the capital. The Relevant Party may not vote on the General +Meeting decision issued with regard to such deal. +3. The Director or the Board, as the case may be, shall duly maintain regular accounting +books t o reflect a true and fair image on the Company’ s business position and clarify +its transactions. Such book s shall be maintained according to the internationally +recogniz ed and applicable accounting principles. The s hareholder may examine the +accounting books and any documents related to a deal concluded by the Company +with a Relevant Party. + +" +economy and business,Cabinet Resolution No. (77) of 2022 Concerning Limited Liability Companies,"Article (21) +Application of the Provisions of Limited Liability or Joint -Stock +Compan ies as Consiste nt with the Nature of Sole Proprietorship s +Where no particular provision is provided herein , the general provisions of limited liability +compan ies and the provisions of joint -stock companies shall apply to limited liability sole +proprietor ship s, in such a manner not contradict ing with the nature of limited liability sole +proprietorship s. + + + + + Cabinet Resolution of 20 22 Concerning Limited Liability Companies 13 + " +economy and business,Cabinet Resolution No. (77) of 2022 Concerning Limited Liability Companies,"Article (22) +Provisions Governing Case s Where No Particular Provision on the +Company is Provided and Whose Nature is Inconsistent with Joint -Stock +Compan ies +The follow ing cases shall be governed according to the standards and provisions +prescribed therefor, as follows: +1. Board Membership : +The following provisions shal l apply to the board membership: +a. Members of the board of directors shall be elected through the General Meeting +by secret ballot unless the Company’ s memorandum of association provides for +otherwise. +b. The board of directors’ membership shall be terminated in any of the following +cases: +1. Death . +2. Removal from membership under a decision by the General Meeting . +3. Resignation a ccepted by the General Meeti ng, without prejudice to the legal +liability in that respect . +4. Failure to disclose the direct conflict of interests , unless the General Meeting +approves that the member will remain in place and attend meetings , without +having the deliberation or voting right, as long as a conflict of interest exists . +5. There is n o maximum period for membership in other boards of directors. +2. The Relevant Parties, Deals and Transactions: +a. Any transactions or deals with the Relevan t Parties shall be presented to the +General Meeting for approval if they exceed (3%) of the Company’ s capital, and if +less, such competence shall be vested in the board of direc tors or the board of +executives if the Company has no board of directors , or in the g eneral manager if +the Company has no board of executives. Cabinet Resolution of 20 22 Concerning Limited Liability Companies 14 + b. Subject to Clause (a) above, the General Meeting may increase or decrease the +aforesaid percentage, as per the decision -making mechanism prescribed in the +General Meeting. +c. The Company shall create an automatically updated register in which contracts +and deals or transactions to which any Relevant Part y is a party or in which he has +an interest. +d. The Relevant Parties shall promptly disclose any of the transactions or contracts +referred to in this Article. +e. The Relevant Parties from among partners or the Board of Directors shal l not +part icipate in deliberations or vot ing on decisions on any transactions or contracts, +as long as the conflict of interest exists. +f. The Company shall include the transactions and contracts with the Relev ant +Parties in the annual report and present the same to the General Meeting. + +" +economy and business,Cabinet Resolution No. (77) of 2022 Concerning Limited Liability Companies,"Article (23) +Monitoring the Implementation of the Resolution +The Competent Authority shall monitor the implementation of the present Resolution. + +" +economy and business,Cabinet Resolution No. (77) of 2022 Concerning Limited Liability Companies,"Article (24) +Publication and Entry into Force +The present Resolution shall be published in the Official Gazette and shall enter into force +as of the day following the date of its publication . + +Mohammed bin Rashid Al Maktoum +Prime Minister +Issued by Us: +On: 18 Muharram 1444 AH +Corresponding to: 16 August 2022 AD " +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (1) +Definitions +For the purpose of applying the provisions of the present Decree -Law, the following words +and expressions shall denote the meanings assigned thereto respectively, unless the context +requires otherwise: + State : The United Arab Emira tes. + Ministry : The Ministry of Economy. + Minister : The Minister of Economy. + Competent Court : The Federal Court of Appeal. + Civil Court : The federal or local court of first instance, as the case may be. + Grievance Committee : he Committee set out in article (37) of the present Decree -Law. + Broadcasting +Organization : Any entity that transmits wireless audiovisual or audio +broadca sting. + Broadcasting + : A means for transmitting or embodying sound s or images and +sounds via wireless means to be received by an audience, +including, among others, any similar transmission made via +satellites or the transmission of encrypted signals if the +Broadcasting Organization provides the encryption tool or +makes i t available based on its approval. + Authorized +Organization + : A non -profit organization that provides services of education, +training, reading for the blinds or access to information for the +beneficiaries, including government entities and non -profit +organizations that provide the same services to the +beneficiaries within their main activities or institutional +obligations. + Work + : Any creative product in the field of letters, arts or science, of +whatever type, expression method, significance or purp ose. +Federal Decree- Law No. 3 8 of 2021 on Copyright and Neighboring Rights 3 + Author + : A person who creates a Work, whose name is mentioned on a +Work or to whom a Work is ascribed for being its owner, unless +otherwise established. An Author of a Work also includes any +person who publishes a Work without a name or under +pen name or in any other way; provided that the Author's true +identity is not a matter of doubt. Should a doubt exist, the +Work's publisher or producer, whether a natural or legal +person, shall be deemed a representative of the Author in +exercising his rights until the Author's true identity is +recognized. + Innovation + : An innovative attribute grants the Work a sense of authenticity +and distinctiveness. + Holders of Neighboring +Rights : Performers, producers of phonograms and Broadcasting +Organizations, pursuant to the provisions of the present +Decree -Law. + Performers + : Actors, singers, musicians, dancers and other persons who +recite, chant, play music or perform in any other manner any +literary or artistic Works or any form of folkloric expression, +whenever the same are protected under the provisions of the +present Decree -Law or falling within the public domain. + Person : A natural or legal person. + Phonogram Producer + : A Person that takes the initiative and assumes the +responsibility for the first fixation of sounds constituting the +performance or other sounds, or the first fixation of the +representation of sounds. + Publication + : Making a Work , audio or visual recording, Broadcasting +program or any performance available to the public by any +means. + Public Performance : To communicate a Work to the public by any means, whether +Federal Decree- Law No. 3 8 of 2021 on Copyright and Neighboring Rights 4 + by direct communication or otherwise, such acting, showing +audio or visual Works, artistic theater performances, +presentation, playing musical Works and reading literary +Works, whether live or recorded communication. +Communication to the +Public + : Transmitting literary and artistic Works, including audio, video +or a udiovisual Works, to the Public by any wired or wireless +means, and making them available to the public so that they +can access them at a place and time of their own choice. +Reproduction + : To make one or more copies of a Work, phonogram, +broadcasting program or any performance in any form or +manner, including download or permanent or temporary +electronic storage, whatever the technique or tool used for the +reproduction. +Audiovisual Fixa tion + : The embodiment of moving images, whether or not +accompanied by sounds or voice -overs, by which they can be +perceived, reproduced or communicated through a device. +Audio Recording + : Fixing sounds constituting the performance or other sounds or +fixing voice -overs, without prejudice to the rights arising +therefrom, by inserting the same in a cinematographic Work or +an audiovisual Work. +Audiovisual Work +Producer : A Person providing necessary facilities to produce an +audiovisual Work and unde rtaking the responsibility for such +production. +Collective Work + : A Work created by a group of Authors under the direction and +supervision of a Person that undertakes the publication thereof +it in its name, where the work of the Authors is assembled and +the separation or distinction of each author's work is +impossible. +Joint Work : A Work created by several Persons, whether the each Person's +own work is separable or inseparable, and which does not fall +Federal Decree- Law No. 3 8 of 2021 on Copyright and Neighboring Rights 5 + under Collective Works. +Derivative Work : A Work derived from an already existing Work, such as +translations, collections of literary and artistic Works and +collections of folkloric expressions, as long as being innovative +in terms of the arrangement or selection of their content. +National Folklore + : Any expression of oral, musical, movement or contact folkl ore +in distinct elements reflecting the traditional artistic heritage +that has originated or survived in the State, and which cannot +be attributed to an identified Author. +Beneficiary/ Beneficiaries + : The disabled persons who are blind or suffer from v isually +impairment to an extent that their eyesight cannot be +improved to be equal to that of a person without such +disability, or otherwise the disabled who are unable to read or +hold or use a book due to a physical disability, regardless any +other disabi lities. +Accessible Format Copy : A copy of a Work in an alternative manner or format that +enables a Beneficiary to easily and smoothly access to the +Work as a Person without visual impairment or any other +disability preventing access to Works, without prejudice to +moral rights of the or iginal Work. +Works Transferred to or +Falling into the Public +Domain : All Works originally excluded the protection or whose +economic rights protection term expires. + +" +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (2) +Protected Works +Authors of Works and Holders of Neighboring Rights shall avail of the protection prescribed +in the present Decree -Law, if their rights are infringed in the State, particularly the following +Works: +Federal Decree- Law No. 3 8 of 2021 on Copyright and Neighboring Rights 6 + 1. Books, pamphlets, essays and other written Works; +2. Smart applications, software and software applications, databases and similar Works +identified by a resolution of the Minister; +3. Oral and written lectures, speeches and sermons and other Works of similar nature; +4. Dramatic, dramatico -musical Works and dumb shows; +5. Musical Works with or without words; +6. Audio or visual or audiovisual Works; +7. Architecture Works and engineering drawings and plans; +8. Works of drawing, painting, sculpture and lithography and printing on fabrics, wood, or +metal or any similar Works within the scope of fine arts; +9. Photographic Works and similar Works; +10. Works of applied and plastic arts; +11. Illustrations, geo graphical maps, sketches, 3D Works related to geography, topography, +architectural designs ... etc.; +12. Derivative Works, without prejudice to the protection conferred upon the Works from +which they have been derived. +The protection includes the title of the Work, if innovated, and the innovative idea written +for a Broadcasting program. + +" +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (3) +The protection does not cover: +1. Ideas, procedures, work techniques, mathe matical concepts and principles and facts that +are abstract yet applicable to the innovative expression of any one of them; +2. Official documents, whatever their original language or the language into which they are +translated, such as texts of laws, reg ulations, resolutions, international conventions, +judgments, awards and decisions issued by administrative committees having judicial +mandate; +3. News, news reports and current events that are merely media news; and +4. Works transferred to the public d omain. +Nevertheless, Clauses (2), (3) and (4) above shall enjoy the protection should the +Federal Decree- Law No. 3 8 of 2021 on Copyright and Neighboring Rights 7 + compilation, arrangement or any effort therein be classified as innovation. + +" +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (4) +Registration of Work Rights +1. The Executive Regulations of the present Decree -Law shall regulate the registration of +Work rights and dispositions made thereof. The Ministry's registers shall constitute a +reference of Work details and ownership. +2. The failure to register a Work or an y dispositions thereof shall not prejudice any aspect +of the protection or rights established by the present Decree -Law. + +" +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (5) +Author's Moral Rights +1. The Author and his/her universal successor in title shall enjoy moral rights to the Work that a re not subject to prescription or assignment. +2. The rights of the Author and his/her universal successor, referred to in Clause (1) above, +to the Work shall be as follows: +a. Publication of the Work for the first time; +b. Ascription of the Work to his/her Author; +c. Objection to any modification to the Work if the same would lead to distortion and +mutation of the Work or taint the Author's reputation; and +d. Submission of an application to the Civil Court to recall the Work from circulation, +based on reasons justifying the same, except for smart applications, software and software applications. + +" +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (6) +Modification in Translation +Modification in translation shall constitute an infringement only if the translator fails to refer +to deletions or changes or if his work taints the Author's reputation. + +Federal Decree- Law No. 3 8 of 2021 on Copyright and Neighboring Rights 8 + " +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (7) +Authorization to Use the Work +Only the Author and his/her successors or the copyright holder may authorize the Work to +be used in any manner whatsoever, particularly Reproduction, including downloading, +electronic storage, representation by any means, Broadcasting transmission, broadcasting +re-transmission, performance, communication to the public, translation, modification, +alteration, rental, lending or Publication by any means whatsoever, including making the +same available via computers, information networks, communication networks and other +means. + +" +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (8) +Rental of Software and Audiovisual Works +The rental right shall neither apply to software and smart applications unless the software +itself is the original object of rental, nor apply to audiovisual Works unless it would affect the +normal utilization thereof. + +" +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (9) +Transfer and License of F inancial Rights of Author +1. The Author or his/her successor in title may transfer to or license third parties, whether a natural or legal Person, all or part of his/her economic rights set out in this Decree -Law. +In order for such action to take an eff ect, it shall be made in writing and specifying the +right in question, along with indicating the purpose of and the utilization duration and +place. +2. The Author shall be the owner of all rights not expressly assigned by him. +3. Without prejudice to th e Author's moral rights set forth in this Decree -Law, the Author +may not carry out any action that would impair the utilization of right in question. + + + +Federal Decree- Law No. 3 8 of 2021 on Copyright and Neighboring Rights 9 + " +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (10) +Consideration for Transferring Rights of Economic Utilization +The Author or his/her successor in title may receive cash or in- rem consideration for +transferring any single or more economic utilization rights of a Work to third parties on the +basis of proportional sharing of the revenues generated from the utilization and/or a lump +sum. + +" +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (11) +Reconsideration of the Agreed Consideration Amount +If the agreement referred to in article (10) above is turned out to be unfair for the Author's +rights or any Holders of Neighboring Rights , or if it becomes so due to circumstances +occurring after enter ing into the agreement, the Author or his/her successor in title or their +successors in title may recourse to the Civil Court to claim reconsideration of the agreed +consideration amount. + +" +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (12) +License of Economic Rights for Smart Applications, Computer ... etc. +Without prejudice to the provisions of article (9) above, the license of economic rights of +Works of smart applications, software and software applications or databases shall b e +governed by the terms and conditions mentioned in or labelled on the software, whether +appearing on the software package or when the software is installed or stored as to be seen on the computer or smart phone screen or any other technological device on which the +software is installed or stored. The software purchaser or user shall be bound by the terms and conditions mentioned in the provisions of the said license agreement. + +" +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (13) +Author's Disposition of the Original Work Version +The Author's disp osition of the original version of his Work, in any form whatsoever, shall +not transfer any of his economic rights thereto, unless otherwise agreed. +Federal Decree- Law No. 3 8 of 2021 on Copyright and Neighboring Rights 10 + However, the transferee may not be obligated, without a prior agreement, to enable the +Author to copy, transfer or otherwise make the same available to third parties. + +" +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (14) +Attachment of Economic Rights of Authors +Economic rights of Authors to their published Works may be subject to attachment. Meanwhile, Works whose Author dies before publishing them may not be attached, unless it +is decisively proved that he intended to publish them before his death. + +" +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (15) +Future Production +1. Any disposition by the Author of his entire future intellectual product shall be null and +void. +2. Notwithstanding Clause (1) above, the Author may enter into an agreement on a number of his future Works, as defined by the Executive Regulations of the present +Decree- Law. + +" +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (16) +Moral Rights of Performers +Performers and their universal successors in title shall enjoy a moral right, which is not +subject to assignment or prescription, which confers upon them the following rights: +1. The right to ascribe the performance to themselves, whether live or recorded +performance. +2. The right to prevent any change, distortion, mutilation or modification in their +performance that would damage their reputation. + +" +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (17) +Exclusive Economic Rights of Performers +Performers shall enjoy the following exclusive economic rights: +Federal Decree- Law No. 3 8 of 2021 on Copyright and Neighboring Rights 11 + 1. To transmit and communicate their unfixed performance to the public; +2. To fix their performance on a Phonogram or audiovisual fixation; +3. To copy their fixed performance on a Phonogram or audiovisual fixation; +4. To rent out the original version of their phonograms or other versions proving their +performance to the public for commercial objectives; +5. To distribute the original version o f their phonograms or other versions proving their +performance through sale or any other means of disposition leading to the transfer of +title; and +6. To make their phonograms proving their performance available to the public via wired +or wireless means, so that a public audience may check them or access thereto in any +way they wish. +The recording of live performance on a phonogram or renting it out to earn direct or indirect +commercial returns or transmit the performance or make it available by any means +whatsoever without the consent of the right holder shall be deemed an act of prohibited +utilization. + +" +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (18) +Exclusive Economic Rights of Phonogram Producers +Phonogram Producers shall enjoy the following exclusive economic rights to their phonograms: +1. To reproduce their phonograms by any means whatsoever; +2. To distribute the original version of phonograms or other phonogram versions to the +public through sale or any other disposition entailing the transfer of title; +3. To rent out the original version or other phonogram versions to the public for commercial purposes; +4. To make phonograms available to the public by any means whatsoever; +5. To broadcast and transmit phonograms to the public by any means whatsoever; and +6. To prevent any utilization of their phonograms by any means without being so licen sed +by them. +The reproduction, rental, broadcasting transmission or retransmission or making such +Federal Decree- Law No. 3 8 of 2021 on Copyright and Neighboring Rights 12 + phonograms available via computers or other means shall constitute a prohibited utilization. + +" +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (19) +Exclusive Economic Rights of Broadcasting Organization +The Broadc asting Organization shall have the following exclusive economic rights: + +1. To license the utilization of its broadcasting recordings and programs; and +2. To prevent any unauthorized communication of its programs or recordings to the public, +particularly recording, copying, reproducing, renting out, rebroadcasting or +retransmitting the programs to the public by any means whatsoever. + +" +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (20) +Protection Term +1. The Author's economic rights set forth in this Decree -Law shall be protected through h is +lifetime and (50) fifty years later, commencing from the first day of the calendar year +following the death year. +2. The economic rights of Authors of Collective Works shall be protected through their +lifetime and (50) fifty years later, commencing from the first day of the calendar year +following the death of the last surviving Author. +3. The economic rights of Author s of Collective Works, except for Authors of applied art +Works, shall be protected for a period of (50) fifty years, commencing from the first day of the next calendar year of the first publication if the Author is a legal person, but if the +Author is a natural Person, the period shall be calculated according to the provisions set +forth in Clauses (1) and (2) above. +4. Economic rights to Works published for the first time after the death of their Author shall +be protected for the period of (50) fifty year s, commencing from the first calendar year +following the year of first publication. +5. Economic rights to Works published anonymously or under penname shall be protected +for (50) fifty years, commencing from the first day of the next calendar year of the year of +Federal Decree- Law No. 3 8 of 2021 on Copyright and Neighboring Rights 13 + first publication. If the Author of such Works is known and identified or has disclosed his +identity, the period of protection shall be calculated according to the provisions set forth +in Clause (1) above. +6. Economic rights of Authors of applie d art Works shall lapse after (25) twenty five years, +commencing from the first calendar year following the year of publication for first time. +7. In cases the term of protection is calculated from the date of first publication, the date of +the first pub lication shall be adopted as a basis for calculating the term irrespective of the +re-publication, unless the Author has introduced to his work, when republished, +substantial modifications that make it look as new Work. If the Work consists of many parts or volumes published separately at intervals, each part or volume shall be +considered a separate Work when calculating the protection term. +8. The economic rights of Performers shall be protected for a period of (50) fifty years to be +calculated from the f irst day of the next calendar year in which the performance is made. +If the performance is fixed in a phonogram or audiovisual fixation, the period shall be +calculated from the end of the year in which the fixation is made. +9. The economic rights of Phonogram Producers shall be protected for (50) fifty calendar years calculated from the first day of the next calendar year in which the phonogram is +published or the year in which the phonogram is fixed if it has not been published . +10. The rights of the Broadcasting Organization shall be protected for (20) twenty years +calculated from the first day of the next calendar year in which the first transmission of +this program is made. + +" +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (21) +Compulsory License of Reproduction o r Translation +Any person may ask the Ministry to grant him a compulsory license, without the Author's +consent, for Reproduction and/or translation of any Work protected under the provisions of +this Decree -Law after (3) three years from the date of the Work publication in case of a +translation license. The license shall be issued based on a reasoned decision indicating the +time and place of utilization and the fair consideration payable to the Author, in a manner +that ensures that no damage is inflicted on t he Author or his successor or prejudice the +Federal Decree- Law No. 3 8 of 2021 on Copyright and Neighboring Rights 14 + normal utilization of the Work; provided that the purpose of granting such license is limited +to meeting the needs of education of all types and levels or needs of public libraries and +archiving houses, in accord ance with the conditions, controls and procedures defined by the +Executive Regulations of this Decree -Law. + +" +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (22) +Limitations and Exceptions +Without prejudice to moral rights of the Author stipulated in this Decree -Law, and in a +manner not contradict ing the normal utilization of the Work and causing no harm to lawful +interests, the Author, after publishing his Work, may not prevent third parties to: +1. Make a single copy of the Work for personal and non -commercial or professional use of +the copier, excluding the following: +a. Works of fine and applied arts, unless they are placed at a public place, with the +consent of the right holder or his successor; +b. Works of architect ure if permanently standing at public places; and +c. Software, software applications and databases, except as indicated in Clause (2) +below. +2. Make a single copy of software, software applications or databases by their rightful +holder and for his sole use to quote from; provided that such action is made within the +limits of the licensed purpose or for the purpose of retention or substitution when the +original copy is lost or damaged or became invalid for use; provided that the reserve or derived versio n is destroyed even if it was stored or loaded in a computer as soon as the +right of acquisition of the original copy is no more valid. +3. Copy from protected Works to use them in legal proceedings or the like, within the limits +required by such proceedi ngs; provided that the source and the Author's name are +mentioned. +4. Make a single copy of the Work with acknowledgement of a documentation or archiving house, libraries or documentation centers, which do not seek direct or indirect profit, in +one of th e following cases: +a. Copying must be for the purpose preserving the original version or to substitute a +Federal Decree- Law No. 3 8 of 2021 on Copyright and Neighboring Rights 15 + version lost, destroyed or became unsuitable for use and it is impossible to obtain a +substitute thereof based on reasonable conditions. +b. The purpose for copying must be in response to a request of a natural Person to use it either in research or study; provided that the same is made for one time or for interrupted periods of time where a copying license became impossible in +accordance with the provisions of this Decree -Law. +5. Quote short paragraphs, excerpts or analysis of the Work, within reasonable normal +ranges, for the purpose of criticism, discussion or information; provided that the source +and the Author's name are mentioned. +6. Perform the Work in family meetings or by students in an educational institution against +no direct or indirect charge. +7. Present Works of fine, applied, plastic or architectural arts in broadcasting programs if such Works are permanently exist at public places. +8. Copy short parts of a Work in a written, audio -recorded or audiovisual- recorded form for +educational, cultural, religious or vocational training purposes; provided that copying is +made within reasonable limits and does not go beyond the purpos e thereof; meanwhile, +the Author's name and the Work title are mentioned whenever possible and the copier +may not aim at making direct or indirect profits; provided that the license for copying is +unobtainable in accordance with the provisions of this Decr ee-Law. +9. Copying shall be an incidental inseparable part of the transmission of a Work via a +medium or network between other parties, or within a process rendering a legal version +of the Work digitally stored and accessible. +10. Copying shall be mad e by a person licensed by the right holder or by law to process the +transmission or the process referred to in Clause (9) above. +11. Copying shall be made among technological accidental imperative steps to perform a +project, in a manner that ensures the automatic deletion of the copy and renders it irretrievable for any other purposes, except for the purposes set out in Clauses (9) and +(10) above. + + +Federal Decree- Law No. 3 8 of 2021 on Copyright and Neighboring Rights 16 + " +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (23) +Accessible Forma t Copy +1. The Beneficiary or his representative may prepare copies of any Accessible Format Copy +for personal use. +2. The Authorized Organization may prepare an Accessible Format without introducing any unnecessary changes or obtaining the same from another Authorized Organization +without the Author's authorization to make the same available for Beneficiaries inside +and outside the State, whenever it has a legal access to the Work or a copy thereof and +the activity is unprofitable. +3. For the purpose of preparing an Accessible Format, the Executive Regulations of this +Decree- Law shall set the conditions and controls required be fulfilled by Authorized +Organizations. + +" +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (24) +Publication of Specific Works +1. Without prejudice to the Author's moral rights under the provision of this Decree -Law, +the Author may not prevent copying through newspapers, circulars or Broadcasting Organizations, within the limits justified by the purpose intended from publication of +any of the below; provided that a reference is made to the source quoted from and the +Author's name: +a. Excerpts from his/her Works legally made available to the public. The same shall +apply to quoting, broadcasting or transmitting excerpts from audio or video Works +during current events to the public by any means whatsoever. +b. Published articles related to discussions on subjects representing a matter of concern for the public opinion at a given time, unless no publication ban is stated at the time +of publication. +c. Speeches, lectures and addresses delivered at public sessions of parliamentary and +judicial councils and public meetings; provided that they are copied in the context of +transmitting breaking news. +Federal Decree- Law No. 3 8 of 2021 on Copyright and Neighboring Rights 17 + 2. Subject to Clause (1) above, the Author or his/her successor shall have the exclusive +right to compile any of such Works in groups to be asc ribed to him/her. + +" +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (25) +Limitations of Holders of Neighboring Rights +The limitations prescribed for the Author's economic rights, set forth in this Decree -Law, +shall apply to Holders of Neighboring Rights. + +" +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (26) +Special Provisions for Specific Works +If a number of persons contribute to composing a Work in a way that the share of each one +cannot be separated from the other shares, all co -authors shall be considered equal Authors +of the Work, unless other wise agreed in writing. In this case, no one of them may solely +exercise the copyright without a prior written agreement among them. +If the co- authoring of each Author falls under a different type of art in the same Work, each +one of them shall have the right to utilize the part of his own contribution separately; +provided that such action does not affect the utilization of the Work for other Authors, +unless otherwise agreed in writing. +Each one of them may institute actions when any copyright protected by this Decree -Law is +infringed. +If one of co -authors dies and has no universal successors, his share shall devolve to the +remaining partners or their successors, unless otherwise agreed in writing. + +" +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (27) +A natural or legal Person who directed the creation of the Collective Work may solely +exercise Author's moral and economic rights, unless otherwise agreed. + + + +Federal Decree- Law No. 3 8 of 2021 on Copyright and Neighboring Rights 18 + " +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (28) +Author's Economic Rights in His Relationship with Third Parties +Unless otherwise agreed in writing, Author's economic rights in his re lationship with third +parties shall be as follows: +1. If the Author makes an Innovation in favour of another Person, the copyright shall be +attributed to such Person. +2. If an employee or worker during his employment creates a Work related to activities or +business of the employer that is directly or indirectly mandated by the employer, or uses +to reach the creation of such Work expertise, information, tools, machinery or materials +of the employer at his disposal, the Author's economic rights shall be attributed to the employer, taking into consideration the intellectual effort of the workers. +3. If an employee or worker creates a Work unrelated to the employer's business and does +not use the employer's expertise, information, tools or raw materials to reach this +Innovation, the Author's economic rights shall attribute to the employee or worker. + +" +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (29) +Co-Author +1. The below persons shall be deemed a co -author of an audio or visual Work or an +audiovisual Work: +a. A scenarist or written idea writer; +b. A person who modifies an existing literary Work to be adequately appropriate for an +audiovisual method; +c. A scriptwriter; +d. A music composer if he composed it specifically for the Work; and +e. A director if he practiced an actual supervision to accomplish a Work. +2. If the Work is derived or extracted from a previous Work, the previous Work Author shall +be deemed a co -author in the new Work. +3. An Author of a literary or musical part may publish his part in a way other than the way in which the Joint Work is publish ed, unless otherwise agreed in writing. +Federal Decree- Law No. 3 8 of 2021 on Copyright and Neighboring Rights 19 + 4. If a co- composer composing an audio or visual or audiovisual Work refrains from +completing his part, the same may not prevent the remaining co -composers from +utilizing the part he implemented, without prejudice to the rights of the refrainer arising +from the co -composition. +5. The producer, throughout the whole period of utilization of the agreed audio or visual or +audiovisual Work, shall be acting on behalf of the Work Authors and their successors to +agree on the utilization thereof, without prejudice to rights of Authors of the literary, +derived- musical or modified Works, unless otherwise agreed in writing. Meanwhile, the +producer shall be considered a publisher of such Work and shall have the publication +and reproduction rights thereto within the limits of the economic utilization purposes. +6. If a Performer agrees to have his performance fixed in an audiovisual fixation, the exclusive economic rights of the license of utilizing the performance fixed in the +audiovisual fixation, set forth in this Decree -Law, shall be transferred to the producer of +the audiovisual fixation or the person authorized to the same, unless otherwise agreed +between the Performer and the producer of audiovisual fixation. + +" +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (30) +A Work publisher shall be authorized to exercise the rights set out in this Decree -Law if the +Work does not bear the Author's name or under penname, unless the Author appoints +another agent or reveals his identity and proves his capacity or no d oubt is raised on his real +identity. + +" +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (31) +Rights of Architect +1. Rights of an architect to architectural designs shall be owned by the property owner or +the like, unless otherwise expressly agreed. +2. A property owner or the like may introduce any improvements or changes to an existing +building, subject of engineering drawings, designs and plans, pursuant to the legislation in force. +Federal Decree- Law No. 3 8 of 2021 on Copyright and Neighboring Rights 20 + 3. Buildings may not be seized or ruled to be destroyed or to change their features or to +confiscate them so a s to preserve rights of an architect whose architectural designs, +drawings or plans have been unlawfully used, without prejudice to his right to fair compensation. +" +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (32) +Operating Rules of Associations or Entities in Charge of Managing +Copyright (Co llective Management) +Holders of copyright and Neighboring Rights may assign their economic rights to competent professional associations for the management thereof, or authorize other entities to exercise +such rights. +Contracts in this regard concluded by such associations or entities shall constitute civil +contracts. + +" +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (33) +The associations or entities set out in article (32) above shall make no preference among +applicants seeking to enter into contracts with them on the utilization of Works entrusted to +them to manage. Granting utilization licenses by the association or authority against a lower +consideration shall not constitute preference in the following cases; provided that its +decision shall be reasoned: +1. Utilization of Works in public celebrations through live performance by Performers. +2. Utilization of Works in the context of educational or cultural activities that do not +generate direct or indirect returns. + +" +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (34) +1. The associations and entities set out in article (32) above may only practice the activity of copyright and Neighboring Rights management only after obtaining a permit from the +Ministry. +2. The Executive Regulations of this Decree -Law shall define the conditions, controls and +procedures of the permit and obligations of and administrative sanctions to be imposed +Federal Decree- Law No. 3 8 of 2021 on Copyright and Neighboring Rights 21 + on permitted persons upon the violation of the provisions of this Decree -Law and its +Executive Regulations. + +" +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (35) +Actions Taken by the Court against Infringing Works +Subject to the provisions of Federal Law No. (11) of 1992, a judge of summary proceedings +of the Competent Civil Court, at the request of the Author or his successor , based on an +order on petition, may order the following actions against any Work published or presented without written permission from the Author or his successor: +1. Suspending the Work publication or manufacture. +2. Imposing seizure on the original Work or its copies and materials used in the republication of the Work or the extraction of copies thereof; provided that such +materials are valid only for the republication of the Work. +3. Proving public performance for rhythm, acting or communicating a Work in public, as +well as preventing the continuation of the current show or prohibiting it in the future. +4. Imposing attachment on the revenues generated from the publication or show. +5. Establishing the infringement of any rights protected under the provisions of this +Decree- Law pursuant to the provisions of this Decree -Law. +The judge of summary proceedings may order the applicant to pay an adequate deposit. The +applicant shall file the o riginal dispute to the Civil Court within the (20) twenty days +following the order issuance, and if not filed within such time limit, it will entirely be ineffective. + +" +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (36) +Any person against whom the order referred to in article (35) above is issue d may file a +grievance with the president of the court that issues the order, within the (15) fifteen days +following the issuance date thereof. In this case, the president of the court may either wholly +or partially uphold or revoke the order or appoint a receiver whose mission is to republish, utilize, present, manufacture or extract copies of the disputable Work, and the generated +Federal Decree- Law No. 3 8 of 2021 on Copyright and Neighboring Rights 22 + revenues shall be deposited in the court treasury until the original dispute is adjudicated. + +" +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (37) +Grievance Committee +1. A committee shall be created in the Ministry called ""the Grievance Committee of +Copyright and Neighboring Rights"", under the chairmanship by a specialized judge +nominated by the Minister of Justice, and the membership of two specialists selected by +the Minister. Such Committee shall be competent to decide on grievances filed by +stakeholders against decisions issued by the Ministry. +2. The Minister shall issue a decision nominating members of the Grievance Committee, +system of work and procedures of filing grievances before it. +3. Any stakeholder may challenge the Committee's decisions before the Competent Court +within (30) thirty days from the date of being notified thereof. +4. In all cases, an action before the court competent to examine applications for revoking +decisions issued by the Ministry, pursuant to the provisions of this Decree -Law, may not +be admissible before filing a grievance against the same before the Grievance Committee. + +" +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (38) +Customs Clearance +1. Subject to the legislation in force in the State, customs authorities may, either on its own +accord or at the request of the Author or holder of the right or their successors in title or +representatives, order , based on a reasoned decision, to prevent the customs clearance +up to (20) twenty days for any materials violating the provisions of this Decree -Law. +2. Customs authorities may not prevent the Author or holder of the right or their successors +or repres entatives to examine materials ordered not to be cleared. +3. The Executive Regulations of this Decree -Law shall define the conditions, controls and +procedures related to the examination and the submission of an application to suspend +the customs clearance and decide thereon. +Federal Decree- Law No. 3 8 of 2021 on Copyright and Neighboring Rights 23 + " +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (39) +Penalties +1. Without prejudice to any severer penalty set forth in any other law, any Person +committing any of the below actions, without written permission from the Author or +Holder of Neighboring Rights or their successors, shall be penalized by imprisonment for +a te rm not less than (2) two months and/or a fine not less than (AED 10,000) ten +thousand dirhams and not more than (AED 100,000) one hundred thousand dirhams: +a. Infringing any moral or economic rights of the Author or Holder of Neighboring +Rights set fort h herein, including making any Work, performance, phonogram or +broadcasting program covered by the protection prescribed herein available to the +public, whether via computers, online networks, information networks, +telecommunication networks or other techn iques or means. +b. Selling, renting out or trading, in any form whatsoever, a Work, phonogram or broadcasting program protected under the provisions of this Decree -Law. Multiple +penalties shall be imposed depending on the number of Work, performance, +program or recording, subject of the crime. +2. The penalty shall be imprisonment for a term not less than six months and a fine not less than (AED 100,000) one hundred thousand dirhams and not more than (AED 500,000) +five hundred thousand dirhams in case of recidivism. + +" +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (40) +1. Without prejudice to any severer penalty set forth in any other law, any Person +committing any of the below actions shall be penalized by imprisonment for a term not +less than (6) six months and/or a fine not less than (AED 100,000) one hundred +thousand di rhams and not more than (AED 700,000) seven hundred thousand dirhams: +a. Unlawful manufacture or import for the purpose of sale, rental or trading any Work, +counterfeit copies, equipment, means or tools designated or customized to +circumvent the protect ion or technology used by the Author or the Holder of Related +Right to transmit, trade, organize or manage such rights or to maintain a certain +Federal Decree- Law No. 3 8 of 2021 on Copyright and Neighboring Rights 24 + quality of copies. +b. Unlawful disrupt or render any protection of technology or electronic information +intended to organize and manage the rights prescribed in this Decree -Law defective. +c. Download or store in a computer any software, software application or databases +with out authorization from the Author or the right holder or their successors. +2. The penalty shall be imprisonment for a term not less than (9) nine months and a fine not less than (AED 500,000) five hundred thousand dirhams and not more than (AED 1,000,000) one million dirhams in case of recidivism. + +" +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (41) +Any Person that uses software, software application, smart applications or databases without prior authorization of the Author or his successor shall be penalized by a fine not +less than (AED 30,00 0) thirty thousand dirhams and not more than (AED 100,000) one +hundred thousand dirhams per software, application or database. +The penalty shall be a fine of not less than (AED 100,000) one hundred thousand dirhams +and not more than (AED 1,000,000) one million dirhams in case of recidivism. +If the crime is committed in the name or in favour of a legal Person or commercial or +profe ssional establishment, the court may rule the closure for a period not exceeding (3) +three months. + +" +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (42) +Without prejudice to the penalties prescribed in Articles (39), (40) and (41) above, the court shall order confiscation and destruction of count erfeit copies, involved in the crime or by +which the crime is made. The court shall also rule to confiscate equipment and tools, which are valid only for such purpose, used in the crime commission. The court may also order +closure of the establishment in w hich the counterfeit crime is committed up to six month, +and publish the summary judgment of conviction in one or more daily newspaper at the expense of the convict. + +Federal Decree- Law No. 3 8 of 2021 on Copyright and Neighboring Rights 25 + " +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (43) +Compensation in Case of Infringement of Rights +The Author or the holder of right may claim for compensation in case his moral and +economic rights area infringed, as per the general rules. + +" +economy and business,Federal Decree-Law No. (38) of 2021 on Copyright and Neighboring Rights,"Article (44) +Exercise of Author's Rights in the Absence of Heirs +Moral and economic rights of the Author and Performers to any Work shall devolve to the +Ministry in the absence of an heir or a legatee. The Ministry shall continue to exercise the +moral rights set forth herein, so as to preserve the Work, following the expiry of the +protection term of economic rights prescribed for the Work. + +Articl e (45) +Photos or Audio or Video Recordings of Third Parties +Subject to Clause (9) of article (2) above, where an agreement is made with a Person to +capture a photo or make audio or video recordings, in any way whatsoever, such Person +may not keep, show or pu blish the original or copies thereof without authorization of such +Person, unless otherwise agreed. +The publication of photos in the following cases shall be excluded of the above: +1. Incidents publically occurred, unless the publication is banned by co mpetent authorities. +2. Coverage or photography/videography of government events and activities organized for the public at a public place. +3. Where permitted by competent authorities for the public interest. +Taking into consideration that the publication or circulation of photos will not offend the Person's honour or reputation. +In all cases, a Person represented in a photo or his successor or t he entity he represents, +where the photo is due to his job performance, may authorize the publication thereof in +different means of publication or the utilization or use thereof, even if the photographer +does not allow for the same, unless otherwise agreed . +Federal Decree- Law No. 3 8 of 2021 on Copyright and Neighboring Rights 26 + Article (46) +Compliance by Carriers +Without prejudice to any provision set forth in this Decree -Law, national carriers, including +airplanes, vessels and trains, shall comply with the provisions thereof. + +Article (47) +Supervision and Control +The Ministry s hall supervise and control the implementation of the provisions of this +Decree- Law and detect crimes and violations violating the provisions thereof. By virtue of a +resolution of the Cabinet, at the proposal of the Minister, such functions may be delegated +to any competent local authorities. + +Article (48) +Judicial Officer Capacity +Employees of the Ministry or employees of local authorities to be nominated under a +resolution to be issued by the Minister of Justice, in agreement with the Minister or the +presid ent of the local judicial authority, shall have the capacity of judicial officer to detect +violations against the provisions of this Decree -Law, the Executive Regulations thereof or +resolutions issued in implementation thereof, within the respective area o f competence of +each one of them. + +Article (49) +Fees +The Cabinet shall issue a resolution identifying fees necessary for implementing the +provisions of this Decree -Law. + +Article (50) +Executive Regulations +The Cabinet shall, at the proposal of the Minister, issue the Executive Regulations of this +Federal Decree- Law No. 3 8 of 2021 on Copyright and Neighboring Rights 27 + Decree- Law. + +Article (51) +Implementing Resolutions +The Minister shall issue resolutions necessary for executing the provisions of this +Decree- Law. + +Article (52) +Repea ls +1. Federal Law No. (7) of 2002, on Copyright and Neighboring Rights , as amended, shall +hereby be repealed. +2. Any provision contradicting or repugnant to the provisions of this Decree -Law shall +hereby be repealed. +3. Resolutions and regulations applicable before the effective date of this Decree- Law shall +remain in full force and effect, in so far as they do not contradict the provisions thereof, until the substitutes thereof are issued, pursuant to the provisions of this Decree -Law. + +Article (53) +Publication and Entry into Force +This Decree -Law shall be published in the Official Gazette, and shall enter into force as of +2nd January 2022 AD. + +Khalifa bin Zayed Al Nahyan +UAE President + +Issued by us at Abu Dhabi Presidential Palace +Dated: 13 th Safar 1443 AH, +Corresponding to: 20 th September 2021 AD " +economy and business,Cabinet Resolution No. (45) of 2018 Concerning the Executive Regulations of Federal Law No. (11) of 2015 Controlling the Trade in and Stamping of Precious Stones and Metals,"Article (1) +Definitions +In application of the Provisions of this Resolution, the following words and phrases +shall have the meanings assigned to them, unless the context indicates otherwise: +UAE: : means the United Arab Emirates; +ESMA: : Emirates Authority for Standardisation and Metrology +Competent +Authority: : Local Authority competent to apply provisions of this +Resoluti on. +Committee: : Committee of controlling the trade in precious stones and +metals. +Stamping: : Tagging the precious metal to indicate its type and its legal +carat or purity rank. +Official Stamp : The stamp approved in State by the Authority. Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 5 Controlling +the Trade in and Stamping of Precious Stones and Metals 2 + Foreign St amp : The foreign stamp recognised by the Authority. +Registered +Agency : The government, local or foreign agency registered with the +Authority. +Approved +Agency : The agency fulfilling the requirements of the National +Accreditation System in accordance wi th Law of Setting up of +Emirates Specifications and Standards Authority. +Stamping +Agency : The agen cy approved or registered with the Authority for +tagging the precious metals with the official stamp +The Agency +Granting the +Certifications : The agency ap proved or registered with the Authority to grant +certifications in the field of precious metal and stones +Precious Metals : Gold, silver and platinum and its set, they shall be either in the +form of processed or non -processed items. +Precious Stones : The natural gemstones, organic or inorganic, manufactured +gemstones and Semi -precious stones specified in Annex No. +(2) attached to this Resolution. +Processed Items : Each piece manufactured in whole or in part from a precious +metal that the purity rank the rein is not less than the rank +specified in this Resolution. It shall also include the bullions, +medals and currencies globally circulated, the ones that no +longer have a legal tender or the ones that have a historical +value. +Non -Processed +Items : The non -manufactured precious metal bullions. +Low -Carat +Items or Low- +Purity Items : Each piece of a preci ous metal that the purity rank therein is +less than the rank specified in this Resolution. +Inlaid items : Each piece of a precious metal or other inlaid wi th precious +metal or stones. Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 5 Controlling +the Trade in and Stamping of Precious Stones and Metals 3 + Coated Items : Each piece of a precious or non -precious metal coated with a +precious metal. +Legal Carats : The numbers indicating the percentage of the pure precious +metal in the processed and non -processed items. They shall +also mean the number of portions or fractions in the weight of +the pure precious metal per each mill from the weight of these +items which are specified in this Law. +Fraction : One portion per mill (1/1000). +Carat : A measurement unit to weight the preci ous stones; one carat +shall be equal to 200 milligrams (1/5 gram). +Certificate : The document issued by the approved or registered agency, +which contains the identification data of the precious stones, +jewellery items or metals and for the resolutions is sued to +apply provisions of this Resolution. +Label : The card labelled, affixed or attached to the precious stones, a +jewellery item or the precious artefacts metals that are difficult +to be stamped, which contain the identification data of these +stones a nd metals according to the international approved +standards. +Product : The precious stones and metals, processed and non -processed, +that are circulated. +Provider : The party responsible for issuing the product in the sale outlets +using all means, includi ng the electronic means. Such party +shall be subject to provisions of this Resolution and shall +include the manufacturer, liquidator, seller, importer, agent, +collector, sub -distributor or the commercial or legal +representative. +Issuance : Any operation made on the product targeting its sale, rent, +presentation or provision to the consumer or the possession of Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 5 Controlling +the Trade in and Stamping of Precious Stones and Metals 4 + the product in order to conduct any operation therefrom, in +return for payment or free of charge. +The Law : Federal Law No. 11 of 2015 Controlling the trade in and +stamping of precious stones and metals. + +" +economy and business,Cabinet Resolution No. (45) of 2018 Concerning the Executive Regulations of Federal Law No. (11) of 2015 Controlling the Trade in and Stamping of Precious Stones and Metals,"Article (2) +Everyone issues any precious metal shall be committed to the legal carats specified in +article (2) of the Law and Annex No. (1) attached to this Resolution. + +" +economy and business,Cabinet Resolution No. (45) of 2018 Concerning the Executive Regulations of Federal Law No. (11) of 2015 Controlling the Trade in and Stamping of Precious Stones and Metals,"Article (3) +1. Platinum and P alladium metals shall form the platinum set and the legal carats for +the artefacts of the licensed platinum set shall be in accordance with provisions of +article (2) and article (3) of this Law, as stated in Annex No. (1) attached to this +Resolution. +2. Produ cts of diamond, pearl, natural gemstones and manufactured gemstones +whose names, classes and particu lars stated in Annex (2) attached to this +Resolution shall be deemed precious stones and shall subject to provisions of the +Law and this Resolution. + +" +economy and business,Cabinet Resolution No. (45) of 2018 Concerning the Executive Regulations of Federal Law No. (11) of 2015 Controlling the Trade in and Stamping of Precious Stones and Metals,"Article (4) +The provider shall be prohibited to sell, or offer to sell, the processed items or possess +them with intent to sell in any of the sale manners unless have any of the following: +1. They shall be stamped with the official stamp as determined by Annex No. (3) or +attached to a label; if their size does not allow for stamping, according to the +measurements approved for the stamping dimensions specified in Annex (3) +attached to this Resolution, a label shall be attached thereto. +2. They shall be stamped with the foreign stamp. Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 5 Controlling +the Trade in and Stamping of Precious Stones and Metals 5 + 3. The processed items containing precious stones shall be accompanied by +certificates special for these stones if their weights are equal or exceeding the +weights specified in article (7) of this Resolution. +4. The labels referred to in this Arti cle shall be clear and may not be removed, as well +as, they shall be made of a durable and long -term material, they also shall include +the data shown in the mentioned tables. +5. The Authority shall specify the mechanism of affixing, stamping and using the +official stamp and the label on the processed items. + +" +economy and business,Cabinet Resolution No. (45) of 2018 Concerning the Executive Regulations of Federal Law No. (11) of 2015 Controlling the Trade in and Stamping of Precious Stones and Metals,"Article (5) +1. It is not permissible to export the precious metals, whether processed or non - +processed, and precious stones unless accompanied by a certificate of origin or the +export label, as determined in Annex No. (5) attached to this Resolution. +2. The label referred to in this Article requires to be clear and installed so that it may +not be removed, as well as, it shall be made of a durable and long -term material, it +also shall include the data specified in the Annex No. (5) mentioned. +3. The export label referred to in this Article shall be allocated to the products +prepared for exportation and may not be issued in the State. +4. If the precious metals and stones referred to in this Article which are accompanied +by the certificates issued from government agencies contain the data referred to in +this Article and these certificates are accepted by the Authority, these certificates, +in this case, may be sufficient and replace the export certificate referred to in this +Resolution. + +" +economy and business,Cabinet Resolution No. (45) of 2018 Concerning the Executive Regulations of Federal Law No. (11) of 2015 Controlling the Trade in and Stamping of Precious Stones and Metals,"Article (6) +1. The official stamp shall include the following elements: +a. The trademark of the precious metal used as an official stamp as determined +by Annex No. (3) attached to this Resolution. Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 5 Controlling +the Trade in and Stamping of Precious Stones and Metals 6 + b. The mark of the carat or purity rank of the precio us metal in accordance with +the legal carats specified in the Law and Annex No. (1) attached to this +Resolution. +c. The distinctive form approved by the Authority which indicates the stamping +agency as determined by Annex No. (3) attached to this Resolution. +2. The approved standard specifications and manuals whose titles and numbers +stated in Annex No. (6) attached to this Resolution shall specify the methods of +testing, examination and sampling used in measuring and determining the purity +and carat rank of the artefacts and bullions of precious metals. + +" +economy and business,Cabinet Resolution No. (45) of 2018 Concerning the Executive Regulations of Federal Law No. (11) of 2015 Controlling the Trade in and Stamping of Precious Stones and Metals,"Article (7) +1. The precious stones shall be accompanied by a certificate including the data +specified in Annex No. (7) attached to this Resolution, according to the following: +a. One polished diamond piece if the weigh t of the one piece is equal to or +exceeding (0.30) carat. +b. One piece of the precious stones (coloured) if the weight of the one piece is +equal to or exceeding (1) carat. +c. One seed pearl if the measurement of the one seed id equal to or exceeding (3) +mm . +2. The processed item shall be accompanied by a certificate if containing any of the +following: +a. One or more polished diamond pieces if the weight of the one piece is equal to +or exceeding (0.5) carat. +b. One piece or more of the precious stones (coloured) if the weight of the one +piece is equal to or exceeding (2) carats. +c. One seed pearl or more if the measurement of the one seed is equal to or +exceeding (10.0) mm. Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 5 Controlling +the Trade in and Stamping of Precious Stones and Metals 7 + 3. Notwithstanding what had been contained in this Article, and dealer may request +the certificate from the certificates granting agency if the weights or measurements +are less than what had been specified in this Article. + +" +economy and business,Cabinet Resolution No. (45) of 2018 Concerning the Executive Regulations of Federal Law No. (11) of 2015 Controlling the Trade in and Stamping of Precious Stones and Metals,"Article (8) +For purposes of the commercial trade, the item shall be deemed of low carat or purity +rank if the percentage of the preciou s metal therein is less than the following: +1. 500 portions per gold. +2. 800 portions per silver. +3. 850 portions per platinum. + +" +economy and business,Cabinet Resolution No. (45) of 2018 Concerning the Executive Regulations of Federal Law No. (11) of 2015 Controlling the Trade in and Stamping of Precious Stones and Metals,"Article (9) +Items specified in this Article shall be accompanied by a label including the data +specified in Annex No. (8) in case they are presented in the sale outlets, provided that +a designated place, to differentiate between them and other items specified in Article +(3) of this Resolution, shall be determined for them; these items are as follows: +1. Low -carat, low -purity ranks or inlaid items: +2. The low -carat items which contain stones with weight or measurement less than +what had been specified by article (7) of this Resolution; these items are not +required to be accompanied by a certificate. + +" +economy and business,Cabinet Resolution No. (45) of 2018 Concerning the Executive Regulations of Federal Law No. (11) of 2015 Controlling the Trade in and Stamping of Precious Stones and Metals,"Article (10) +The coated items shall be accomp anied by a label indicating the type of the precious +metal used for coating, provided that it shall state that the item is coated in case it is +presented in the sale outlets of the items processed by the precious metals. + Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 5 Controlling +the Trade in and Stamping of Precious Stones and Metals 8 + " +economy and business,Cabinet Resolution No. (45) of 2018 Concerning the Executive Regulations of Federal Law No. (11) of 2015 Controlling the Trade in and Stamping of Precious Stones and Metals,"Article (11) +The following shall be required for conducting the activity of stamping or issuing the +certificates of the precious metals or stones: +1. The party conducting the activity shall get an approval certificate from the +Authority in accordance with provisions of the Cabinet Resolution No. (35) of +2015 Regarding UAE System for Control of Conformity Assessment Bodies (CAB). +2. Compliance with provisions of the Law, this Resolution, application of the +standard specifications approved for methods of testing and examination to +determine the pu rity of the precious metal and manuals according to Annexes (1), +(2), (3) and (6) attached to this Resolution. + +" +economy and business,Cabinet Resolution No. (45) of 2018 Concerning the Executive Regulations of Federal Law No. (11) of 2015 Controlling the Trade in and Stamping of Precious Stones and Metals,"Article (12) +For organising exhibits for the processed items and precious stones, the following shall +be required: +1. Obtaining a licence from the Competent Authority. +2. Complying with the legal carats specified in the Law and this Resolution. +3. Not to issue the processed items or precious stones in exhibits for sale unless being +stamped by the official stamp or accompanied by a label in accordance wi th +provisions of the Law and this Resolution. +4. A certificate shall be attached to the processed items that contain precious stones +as stated in article (7) of this Resolution. + +" +economy and business,Cabinet Resolution No. (45) of 2018 Concerning the Executive Regulations of Federal Law No. (11) of 2015 Controlling the Trade in and Stamping of Precious Stones and Metals,"Article (13) +1. The definitions, terms and classifications in the labels and cert ificates shall be used +as contained in the Law, the Resolution and Annexes attached thereto, as the case +may be. +2. It is prohibited to use any abbreviations, suggestion or names on the certificate or +label for the stones that are not specified in this Resolu tions and Annexes attached +thereto. Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 5 Controlling +the Trade in and Stamping of Precious Stones and Metals 9 + 3. The competent Authority in each Emirate shall undertake the application of the +control on the product to ensure the fulfilment of the requirements of this +Resolution. +4. Annexes attached to this Resolution shall be deemed an integral part therefrom. +The Cabinet shall have the right to suggest an amendment thereto if required. +5. This Resolution shall not prevent the inspectors of the Competent Authorities from +controlling and sampling to conduct another test in order to apply the relevant +legalisation. +6. All authorities subject to provisions of this Resolution shall provide the inspectors +of the Competent Authorities with help and information, they require, related to +apply pr ovisions thereof. +7. It is permissible to put the patch mark on the label without being stamped in cases +and mechanisms determined by the Authority. +8. In case there is a case that may not be treated under provisions of this Resolution +or there is a dispute upon the application, the matter shall be submitted to the +General Manager to issue the decision he deems proper for the public interest. +9. The Authority shall issue the procedures and technical requirements required for +applying provisions of this Resolution. + +" +economy and business,Cabinet Resolution No. (45) of 2018 Concerning the Executive Regulations of Federal Law No. (11) of 2015 Controlling the Trade in and Stamping of Precious Stones and Metals,"Article (14) +Any provision contrary to or inconsi stent with the provisions of this Resolution shall +be repealed. + Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 5 Controlling +the Trade in and Stamping of Precious Stones and Metals 10 + " +economy and business,Cabinet Resolution No. (45) of 2018 Concerning the Executive Regulations of Federal Law No. (11) of 2015 Controlling the Trade in and Stamping of Precious Stones and Metals,"Article (15) +This Resolution shall be published in the Official Gazette and shall come into effect +from the day following the date of publication thereof. + +Mohammed Bin Rashid Al Maktoum +Prime Minister + +Issued by us: +On: 20 Muharram, 1440 H +Corresponding to 30 September 2018 AD + Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 5 Controlling +the Trade in and Stamping of Precious Stones and Metals 11 + The Annexes Attached Under the Cabinet Resolution No. (45) of 2018 +Concerning the Executive Regulation of Federal Law No. (11) of 2015 +Controlling the Trade in a nd Stamping of Precious Stones and Metals + +Annex N o (1) +Platinum Set +The legal carats for the items of the platinum set licensed in accordance with +provisions of article (2) and article (3) of the Law, according to the international +standards issued by the World Jewellery Confederation (CIBJO), which are issued in +the Blue Book. +Platinum Set (Platinum and Palladium metals) +Artefacts Legal Carats (purity rank) + + + + + +Platinum Purity rank* (number of portions of the +precious metal) Notes +Purity rank is 999, this is the very pure +platinum which contains 999 platinum +portions Very pure platinum (the +highest carat for the +platinum artefacts ). +Purity rank is 950 and contains 950 +platinum portions. +Purity rank is 900 and contains 900 +platinum portions. +Purity rank is 850 and contains 850 +platinum portions. The lowest carat for the +platinum artefacts under +the law. +Palladium Purity rank is 999, this is the very pure +palladium which contains 999 palladium +portions Very pure palladium (the +highest carat fo r the +palladium artefacts ). Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 5 Controlling +the Trade in and Stamping of Precious Stones and Metals 12 + Purity rank is 950 and contains 950 +palladium portions. + Purity rank is 500 and contains 500 +palladium portions. The lowest carat for the +palladium artefacts . + Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 5 Controlling +the Trade in and Stamping of Precious Stones and Metals 13 + Annex N o (2) +The precious stones according to the internation al standards issued by the World +Jewellery Confederation (CIBJO), which are issued in the Blue Book. + +1. Diamond + Natural products Artificial products + + +Classifications of +products +Classification of +materials Diamond Diamond +naturally +formed +under +geologic al +conditions, +without any +external +intervention +during the +formation +process. Synthetic diamonds +(unnatural), Synthetic +product has the same +chemical composition, +physical properties and +diamond stricture and was +produced through the +manufacturing method s. + +Treated +Diamond +(Treated +(Diamond + +Natural +diamond +that was +treated to +change its +colour or +purity. + +Manufacturing +products +in whole or in +part Imitated or falsified +(Imitations): a product +similar to the diamond in +appearance but different +in t he chemical +composition, physical +properties or diamond +structure. + Composite products, +gemstones, previously Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 5 Controlling +the Trade in and Stamping of Precious Stones and Metals 14 + separate, of two or more +pieces or layers that had +been collected via the link +or any other synthetic +method. Their +components may be +natural and/or synthetic, +however, they shall +contain at least one part of +diamond. + +2. Pearls + Pearl products Products of the treated pearls + Natural Pearls It is made up by the +aquaculture of the +mollusc that live in +waters Natural +treated +pearls The natural pea rls +that were adopted +to change its +appearance, +structure and/or +durability by using +other methods +that may not be +deemed normal +methods. + + +Classification of +pearl categories Cultured +pearls The synthetic pearl that +is made up due to +human intervention in +areas inside the mollusc +in various +circumstances specified Treated +Cultured +pearls The synthetic +pearls that were +adopted to change +its appearance, +structure and/or +durability by using Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 5 Controlling +the Trade in and Stamping of Precious Stones and Metals 15 + according to the nature +of the mollusc and the +intended goal. other m ethods +that may not be +deemed normal +methods. + Artificially +produced +Composite +Cultured +pearls It is made up of two or +more parts; usually one +of the parts at least is +hollow and repackaged +with a cultured pearl, +the parts were linked; +they may be collect ed +via the link or other +synthetic methods. + Imitations of +pearls +(Imitations of +pearls) The products that +imitate the form of the +natural or cultured +pearl only. + +3. Gemstones (coloured stone) + Natural products Artificial products + Gemstones +Gemston es Mineral or organic +material naturally +composite in full +without human +intervention +during the +composition +period. The +jeweller may + +Products produced +in part or whole by +the man + + 1. (Synthetic Stones) +Artificial product similar +to its natural counterpart +and has its same basic +particulars, chemical +composition and +structure and its physical +particulars. + Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 5 Controlling +the Trade in and Stamping of Precious Stones and Metals 16 + polish and refine it +using the normal +known methods. + Treated +Gemstone +(Treated +Gemstones) Natural stone was +treated to change +its appearance +and/or so lidity, +and/or colour +and/or fitness. + + +Products produced +in part or whole by +the man 2. Imitated or falsified +gemstone s +(Imitations of Gemstones) +A product similar to the +gemstone in appearance +but different in the +chemical structure, physical +particul ars or the +composition of such +gemstone. + +1.2 Artificial products +which are crystallized + Artificially crystallized +products or artificial stones +crystallized products which +do not have a natural +counterpart similar to a +gemstone. + +2.2 Artificial products +whi ch are not crystallized +(Artificial products which +are not crystallized) +Artificial products which +are not crystallized and Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 5 Controlling +the Trade in and Stamping of Precious Stones and Metals 17 + imitate the gemstones and +natural materials in +appearance, such as glass, +crystal and plastic. + 3.2 Artificially +produced +composite +stones +(Artificially produced +composite stones) +Products composite of two +or more layers, which were +previously separate, and +collected by a link or +synthetic methods; they +may have natural and/or +synthetic components; +however, they shall have at +least o ne gemstone. + +4.2 Reconstructed +stones +(Reconstructed stones) +Artificial products that are +manufactured by melting +(without crystallizing later) +natural materials to +compose a solid unit. + Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 5 Controlling +the Trade in and Stamping of Precious Stones and Metals 18 + Annex N o (3) +Official Approved Stamp: +The gold, silver and platinum processed items shall be stamped as follows: +a. The carat mark: it is a corners -carved rectangle including one of the legal carats of +the gold, silver and platinum items in the following dimensions: +1) Gold items with size of 0.5 mm, 1 mm, 1.5 mm. +2) Silver items with size of 0.5 mm, 1 mm, 1.5 mm. +3) Platinum items with size of 0.5 mm, 1 mm, 1.5 mm. +b. The patch mark: it is a corners -carved rectangle, containing a drawing which +characterises the metal made up therefrom with dimensions of 0.5 mm, 1 mm and +1.5 mm, as foll ows: +1) The drawing of (falcon) for the gold artefacts . +2) The drawing of (castle) for the silver artefacts . +3) The drawing of (palm) for the platinum artefacts . +4) The figure characterising the stamping agency: the symbol of the stamping +agency which is a corners -carved rectangle with proper dimensions to +allow for reading it. +5) The 24 carat items shall be stamped with the number of portions for gold. + Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 5 Controlling +the Trade in and Stamping of Precious Stones and Metals 19 + Annex N o (4) +The Data of the Label for Using Inside the State + +The processed items (jewellery pieces) or the precio us stones that are sold, offered for +sale or possessed with intent of sale. +Contents of the identification card of +the jewellery (the precious inlaid +stones in the pieces of the precious +metals) Contents of the identification card of the +precious stones +2. The name and classification of the +stone 2. The name and classification of the +stone +3. The weight of the stone in carat. 3. The weight of the stone in carat. +4. Determination of the diamond +colour and fitness if its weight is no +less than (0.5) carat. 4. Determinatio n of the stone colour, +fitness, weight and pieces contained +therein if is of the diamond and its +weight is of no less than (0.30) carat. +5. Determination whether or not the +stone is treated if the weight of the +Rubies, the emerald or the sapphire +therein is no less than (2) carats. 5. Determination whether or not the +stone is treated if it is of (the Rubies, +the emerald or the sapphire) and its +weight is of no less than (1) carats. +6. Determination whether the pearls is +natural or cultured; if cultured and its +diameter is no less than (10.0) mm, it +shall be indicated whether it was +cultured in fresh or salt water. 6. Determination whether the pearls is +natural or cultured if its diameter is +no less than (3) mm, if it is cultured, it +shall be indicated whether it wa s +cultured in fresh or salt water. + Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 5 Controlling +the Trade in and Stamping of Precious Stones and Metals 20 + Annex No (5) +The Data of the Label of the Export +For the processed items (jewellery pieces) or the precious stones prepared for +exportation +Contents of the identification card of the +jewellery (the precious inlaid sto nes in a +piece of the precious metals) Contents of the identification card of the +precious stones +1. Name of Exporter. 1. Name of Exporter. +2. Destination of Export. 2. Destination of Export. +3. Metal Type. 3. Stone Type. +4. Description. 4. Description. +5. Weight. 5. Weight. +6. No. 6. No. + + Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 5 Controlling +the Trade in and Stamping of Precious Stones and Metals 21 + Annex No (6) +Approved Standard Specifications +The methods of testing and examination to determine the fitness of the precious metal +in the gold alloys: +Serial Specification +Number Specification Title in +Arabic Specification Titl e +in English +1. UAE.S ISO 8654 Colours of gold alloys – +Definition, range of colours +and designation Colours of gold +alloys – Definition, +range of colours and +designation +2. UAE. S ISO 9202 Jewellery -Fineness of +precious metal alloys Jewellery -Fineness +of precious metal +alloys +3. UAE. S ISO 10713 Jewellery - Gold Alloy +Coatings Jewellery Gold Alloy +Coatings +4. UAE.S GSO ISO +11426 Jewellery - Determination of +gold in gold jewellery alloys +– Cupellation method (fire +assay) Jewellery - +Determination of +gold in gold +jewellery alloys – +Cupellation method +(fire assay) +5. UAE.S GSO ISO +11427 Jewellery - Determination of +Silver in silver jewellery +alloys – volumetric +(potentiometric) method +using potassium bromide Jewellery - +Determination of +Silver in silver +jewel lery alloys – +volumetric +(potentiometric) +method using +potassium bromide Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 5 Controlling +the Trade in and Stamping of Precious Stones and Metals 22 + 6. UAE.S GSO ISO +11489 Determination of platinum in +platinum jewellery alloys – +Gravimetric determination +by reduction with mercury (I) +chloride Determination of +platinum in platinum +jewellery alloys – +Gravimetric +determination by +reduction with +mercury (I) chloride +7. UAE.S GSO ISO +11494 Jewellery - Determination of +platinum in platinum +jewellery alloys – ICP-OES +method using yttrium as +internal standard element Jewellery - +Determinat ion of +platinum in platinum +jewellery alloys – +ICP-OES method +using yttrium as +internal standard +element +8. UAE.S GSO ISO +11456 Jewellery – Sampling of +precious metal alloys for and +in jewellery and associated +products Jewellery – Sampling +of precious met al +alloys for and in +jewellery and +associated products +9. UAE.S ISO 15093 Jewellery - Determination of +Precious metals in 999 0/00 +gold, platinum and +palladium jewellery alloys – +Difference method using +ICP-OES Jewellery - +Determination of +Precious metals i n +999 0/00 gold, +platinum and +palladium jewellery +alloys – Difference +method using ICP - +OES Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 5 Controlling +the Trade in and Stamping of Precious Stones and Metals 23 + 10. UAE.S ISO 15096 Jewellery - Determination of +Silver in 999 0/00 silver +jewellery alloys – Difference +method using ICP -OES Jewellery - +Determination of +Silver in 9 99 0/00 +silver jewellery +alloys – Difference +method using ICP - +OES +11. UAE.S ISO 13756 Jewellery - Determination of +Silver in Silver jewellery +alloys – volumetric +(potentiometric) method +using sodium chloride or +potassium chloride Jewellery - +Determination o f +Silver in Silver +jewellery alloys – +volumetric +(potentiometric) +method using +sodium chloride or +potassium chloride +12. + UAE.S GSO ISO +11210 Determination of platinum in +platinum jewellery alloys. +Gravimetric method after +precipitation of +diammonium +hexa chloroplatinate Determination of +platinum in platinum +jewellery alloys. +Gravimetric method +after precipitation of +diammonium +hexachloroplatinate +13. UAE.S GSO ISO +11490 Determination of palladium +in palladium jewellery alloys. +Gravimetric method with +dime thyl glyoxime Determination of +palladium in +palladium jewellery +alloys. +Gravimetric method Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 5 Controlling +the Trade in and Stamping of Precious Stones and Metals 24 + with dimethyl +glyoxime + Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 5 Controlling +the Trade in and Stamping of Precious Stones and Metals 25 + Annex No (7) + +Data of the certificate issued by the agency granting the precious stones, specified in +Annex No. (2) attached to this Res olution. + +1. Data of the polished diamond: +− Type: natural or artificial. +− Photo is an outline for the stone shape specifying the impurities type and +location. +− Fitness rank. +− Weight by carat. +− Pieces. +− Shape +− Stone size +− Specify whether or not the stone is treated. +− In case of the treated stone, specify the treatment type and rank. +− Colour. +2. Data of the pearls: +− Type (natural or cultured). +− Photo . +− Weight. +− Size. +− Shape +− Pieces. +− Place of the cultured pearls. +− Colour. +− Treatment and its type. Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 5 Controlling +the Trade in and Stamping of Precious Stones and Metals 26 + 3. The data of the pearls, if processed, it shall be accompanied by a label containing +the above stated data. +4. The data of the precious stones coloured): +− The type of the common stone specified in Annex No. (1) on the list of the +precious stones. +− Photo (an outline specifying the impur ities type and location). +− Colour. +− Weight by carat. +− Pieces. +− Shape +− Stone size +− Specify whether the stone is treated and type and rank of treatment. + Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 5 Controlling +the Trade in and Stamping of Precious Stones and Metals 27 + Annex N o (8) +The Data of the Label of the Low-Carat Items +Contents of the identification card of the +item s processed by the low -carat +precious metals specified in article (8) of +this Resolution. Contents of the identification card of +the items processed by the low -carat +metals and polished with the precious +stones specified in article (8) of this +Resolution. +1. Metal Type. 1. Metal Type. +2. The metal fitness 2. The metal fitness +3. If the processed item is inlaid, specify +the used metal. 3. If the processed item is inlaid, specify +the used metal. +7. Description. + 4. Stone Type. +8. Weight. 5. Description. + 6. Weight. + + + + + " +economy and business,Federal Law No. (3) of 2022 Concerning Regulating Commercial Agencies,"Article (1) +Definitions +For the purpose of applying the provisions of the present Law, the following words and expressions shall bear the meanings assigned thereto respectively, unless the context +Federal Law No. ( 3) of 2022 on Regulating Commercial Agencies 2 + + Page 2 requires otherwise: +The State (UAE) : The United Arab Emirates. +The Ministry : The Ministry of Economy. +The Minister : The Minister of Economy +The Competent +Authority : The local authority in the emirate concerned. +The Committee : The Commercial Agencies Committee. +Commercial +Agency : The rep resentation of a Principal by an Agent under a contract +of agency, distribution, sale, offer or concession, or the provision +of goods or services inside the State in exchange for a +commission or profit + Commercial +Agencies +Register : A database to be established in the Ministry, in which the data +of Commercial Agencies in the State are recorded. + The Principal + : + The producer or manufacturer that owns the goods or services +inside or outside the State. + The Agent : The natural or legal person for whom the representation of the +Principal is established under the Commercial Agency Contract. + +" +economy and business,Federal Law No. (3) of 2022 Concerning Regulating Commercial Agencies,"Article (2) +Practice of the Commercial Agency Activity +1. The practice of the Commercial Agency activity in the State shall be limited to individual +citizens and companies and establishments wholly owned by any of the following +persons: +a. A natural person who is a UAE national; +b. A public legal person; +c. A private legal person owned by public legal persons; or +Federal Law No. ( 3) of 2022 on Regulating Commercial Agencies 3 + + Page 3 d. A private legal person wholly owned by natural persons who are UAE nationals. +2. Subject to Clause (1) of this Article, the Cabinet may, upon the recommendation of the +Minister, allow any international company, even if it is not owned by UAE nationals, to +practice the Commercial Agency activity with regard to the products it owns, under the conditions and within the limits the Cabinet deems appropriate in this regard if the +following requirements are met: +a. There shall be no commercial Agent for such Commercial Agency inside the State; +and +b. The Commercial Agency shall be new and has not been previously registered in the +State. +3. Subject to the provision of Clause (4) of this Article, public joint -stock companies which +are established in the State and in which the shares of the UAE nationals are not less +than (51%) of its capital shall be excluded from the provisions of Clause (1) of this +Article. +4. The Cabinet shall, upon the recommendation of the Minister, issue a resolution on the +procedures, controls and conditions for the companies set forth in Clause (3) of this +Article to practice the Commercial Agency activity in the State. + +" +economy and business,Federal Law No. (3) of 2022 Concerning Regulating Commercial Agencies,"Article (3) +Registration in the Commercial Agencies Register +The Commercial Agency activity may be practiced in the State only by the persons registered in the Commercial Agencies Register in the Ministry. Any Commercial Agency not registered +in such Register shall not be valid. + +" +economy and business,Federal Law No. (3) of 2022 Concerning Regulating Commercial Agencies,"Article (4) +Validity of the Commercial Agency +In order for a Commercial Agency to be valid, the Agent shall be engaged by the original +Principal under a written and notarized contract, and the Commercial Agency shall be +Federal Law No. ( 3) of 2022 on Regulating Commercial Agencies 4 + + Page 4 registered in the Commercial Agencies Register. + +" +economy and business,Federal Law No. (3) of 2022 Concerning Regulating Commercial Agencies,"Article (5) +Commercial Agency Contract +1. A Commercial Agency contract shall be deemed in the common interest of the +contracting parties. The provisions of the present Law shall apply thereto, and any +agreement to the contrary shall not be valid. +2. The courts of the State shall be competent to hear the disputes that may arise regarding the Commercial Agency contract. + +" +economy and business,Federal Law No. (3) of 2022 Concerning Regulating Commercial Agencies,"Article (6) +Contract Term +If the contract stipulates that the Agent shall establish buildings for display, goods stores or +facilities for maintenance or repair, the contract term shall be five years, unless otherwise +agreed upon. + +" +economy and business,Federal Law No. (3) of 2022 Concerning Regulating Commercial Agencies,"Article (7) +Utilization of the Multiple Services of an Agent or Distributor +1. The original Principal may utilize the services of one Agent in the State as one territory, +and may also seek the assistance of one Agent in each emirate, or in a number of +emirates, provided that the distribution of goods and services, subject to the Commercial Agency, is exclusive to such Agent within the agency's territory. +2. The Agent may utilize the services of a distributor in one or more emirate(s) covered by +its Commercial Agency. + + + +Federal Law No. ( 3) of 2022 on Regulating Commercial Agencies 5 + + Page 5 " +economy and business,Federal Law No. (3) of 2022 Concerning Regulating Commercial Agencies,"Article (8) +Entitlement to the Agent's Commission +The Agent shall be entitled to receive commission for the transactions concluded by the +Principal itself, or through others in the territory designated for the activity of the Agent even +if such transactions are not concluded as a result of the latter's efforts. + +" +economy and business,Federal Law No. (3) of 2022 Concerning Regulating Commercial Agencies,"Article (9) +Expiration of the Commercial Agency Contract +1. The Commercial Agency contract shall expire in any of the following cases: +a. Upon the expiry of the contract term unless such term is renewed by the agreement +of the contracting parties; +b. By the will of either the Principal or the Agent, subject to the terms and conditions of +the Commercial Agency contract; +c. By the agreement of the contracting parties before the expiry of the contract term; +d. Upon the issuance of a final judgment on the expiration of the Commercial Agency; +or +e. Any other case set out in the present Law. +2. Devolution of assets: +In any of the cases set out in Clause (1) hereinabove, and unless the parties agree +otherwise, the assets of the old Agent shall devolve to the Principal or the new Agent at +the fair value once the following conditions are met: +a. The above -mentioned assets, including commodities, goods, materials, spare parts, +machinery, ... etc. shall be related to the Commercial Agency contract. +b. The above -mentioned assets shall be agreed upon and in the possession of the old +Agent at the time of termination of the Commercial Agency contract and there shall +be no restriction on the transfer of ownership thereof. +3. Bringing goods and services into the State during the period of dispute: +a. In accordance with Clause (1) of this Article and subject to the approval of the +Federal Law No. ( 3) of 2022 on Regulating Commercial Agencies 6 + + Page 6 Ministry, goods or services may, during the period of the dispute arising between the +Principal and the Agent and on a temporary basis, be brought into the State from +exclusive sources, provided that the Principal is liable, throughout such period, +towards the old Agent for compensation that may be awarded under a final judgment rendered by the competent courts. +b. The Ministry shall, under a ministerial resolution, regulate the terms and conditions for bringing for the above -mentioned temporary period, so as to achieve limitation of +the flow of services and goods during the period of the dispute. +4. Subject to Clause (2) of this Article and for the purposes of estimating the value of the assets, either the Principal or the Agent may institute an action before the court in whose +jurisdiction the head office of the Commercial Agency is located to obligate the other +party to pay the value of such assets as estimated by the court. + +" +economy and business,Federal Law No. (3) of 2022 Concerning Regulating Commercial Agencies,"Article (10) +Controls and Provisions Regarding the Termination or Non -Renewal of the +Commercial Agency Contract +1. Termination of the Commercial Agency contract: +Subject to Paragraph (b) of Clause (1) of article (9) of the present Law, the party desiring +to terminate the Commercial Agency contract, based on the terms and conditions of the +Commercial Agency contract, shall comply with the following: +a. It shall serve a notice to the other party that it desires to early terminate the +Commercial Agency contract, provided that the notice period is not less than one (1) +year before the date set for termination or before the expiry of one half of the +contract term, whichever is lesser, unless the two parties agree otherwise; and +b. Either Party may submit a detailed report prepared by a specialized professional +entity on the settlement of dues, the warranties for non -discontinuation of after -sales +services from the markets of the State, the valuation of assets and expected damage, +and other details. +Federal Law No. ( 3) of 2022 on Regulating Commercial Agencies 7 + + Page 7 2. Resorting to the Committee: +a. The party that does not consent to the termination of the Commercial Agency +contract based on the terms and conditions of the contract may resort to the +Committee to challenge the request for termination of the Commercial Agency contract; +b. Either party may provide the Committee with the report prepared by th e professional +entity, referred to in Paragraph (b) of this Clause; +c. The Committee shall decide on the request for challenge set forth in Paragraph (a) of +this Clause within one hundred twenty (120) days from the date it is recorded, provided that the expiry of such period without a decision shall be deemed rejection +of the challenge; and +d. Without prejudice to the provision of Clause (3) of article (9) of the present Law, the +Commercial Agency contract shall remain in force until the expiry of the notice +period or decision on the dispute by the Committee, whichever is later. +3. Non -renewal of the Commercial Agency contract: +The party that does not desire to renew the Commercial Agency contract shall serve a notice to the other party of non -renewal one (1) year before the expiry of the term of the +Commercial Agency contract or before the lapse of one half of the term, which is lesser, unless both parties agree otherwise. + +" +economy and business,Federal Law No. (3) of 2022 Concerning Regulating Commercial Agencies,"Article (11) +Claim for Compensation +1. Without prejudice to Clause (2) of article (9) of the present Law and unless there is an +express agreement to the contrary, if the Commercial Agency contract expires based on +the provision of Clause (1/a) of article (9) of the present Law, the Agent may claim +compensation from the Principal for the damage sustained as a result of the expiry of the contract. +2. If the termination of the Commercial Agency contract in accordance with the provisions +Federal Law No. ( 3) of 2022 on Regulating Commercial Agencies 8 + + Page 8 of Clause (1/b) of article (9) of the present Law causes harm to either party thereto, the +injured party may claim compensation for the damage it has sustained. Moreover, the +Agent shall be entitled to receive compensation if it proves that its legitimate activity has +contributed to achieving apparent and great success of the Principal's products and has led to the promotion of such products or the increase in the number of customers and +that the termination of the Commercial Agency contract has led to depriving the Agent of +the profit for such success. + +" +economy and business,Federal Law No. (3) of 2022 Concerning Regulating Commercial Agencies,"Article (12) +Submission of an Application for Registration in the Commercial Agencies +Register +The application for registration in the Commercial Agencies Register shall be submitted to the Ministry. The Minister shall issue a resolution specifying the data to be included in the +application. The application for registration shall be accompanied by the supporting +documents, particularly the following: +1. A copy of a valid business license; and +2. A copy of the Commercial Agency contract certified and notarized by the official authorities. + +" +economy and business,Federal Law No. (3) of 2022 Concerning Regulating Commercial Agencies,"Article (13) +Consideration of the Application for Registration +The Ministry shall consider the application for registration in the Commercial Agencies Register and issue its decision thereon within ten (10) working days from the date of +completion of the requirements for registration. If it is decided to accept it, the Ministry shall +issue an accredited certificate to this effect and notify the Competent Authority and the relevant authorities of the same. + + +Federal Law No. ( 3) of 2022 on Regulating Commercial Agencies 9 + + Page 9 " +economy and business,Federal Law No. (3) of 2022 Concerning Regulating Commercial Agencies,"Article (14) +Rejection of the Application for Registration +1. The Ministry may, if the application for registration submitted thereto is rejected, +indicate the reasons for such rejection, and shall notify the person concerned of the +rejection decision by registered letter or by hand or email. +2. Failure to reply within ten (10) working days from the date of submission of the application which meets the requirements shall be deemed as a rejection decision. +3. A party whose application has been rejected may challenge the same before the competent court within sixty (60) days from the date of being notified of the rejection +decision or becoming aware thereof or from the day following the lapse of the ten (10) days specified in Clause (2) of this Article. + +" +economy and business,Federal Law No. (3) of 2022 Concerning Regulating Commercial Agencies,"Article (15) +Change or Amendment to the Commercial Agencies +1. The Agent, his legal representative or his heirs, in case of his death, shall submit an +application to the Ministry concerning any change or amendment which may be made +to the Commercial Agency in order to be annotated and to be include in the Commercial +Agencies Register, within sixty (60) days from the date of becoming aware of such +change or amendment. +2. The Ministry shall notify the federal and local authorities in charge of the customs affairs, +the Competent Authority and the relevant authorities of the amendments and changes +referred to above. + +" +economy and business,Federal Law No. (3) of 2022 Concerning Regulating Commercial Agencies,"Article (16) +Striking off from the Commercial Agencies Register +1. The Agent or its legal representative shall, if it no longer meets any of the conditions set +forth in the present Law or if the Commercial Agency has expired and has not been +renewed, submit an application to the Ministry for striking off the Commercial Agency +Federal Law No. ( 3) of 2022 on Regulating Commercial Agencies 10 + + Page 10 from the Commercial Agencies Register no later than sixty (60) days from the date of +occurrence of the reason for striking off. The Ministry shall strike off the same from the +Register. +2. The Ministry may strike off the same on its own once it has verified that any of the +conditions set forth in the present Law is no longer met ten (10) working days after +notifying the relevant authorities. +3. The Ministry shall notify the federal and local authorities in charge of the customs affairs, +the Competent Authority and the relevant authorities of the strike -off decision. + +" +economy and business,Federal Law No. (3) of 2022 Concerning Regulating Commercial Agencies,"Article (17) +Documents to be Submitted to Amend or Strike off the Commercial Agency +The application for amendment or strike -off shall be accompanied by the supporting +documents. The Ministry may request the applicant for amendment or strike -off to complete +any documents it may deem necessary for effecting such amendment or strike -off. + +" +economy and business,Federal Law No. (3) of 2022 Concerning Regulating Commercial Agencies,"Article (18) +Extract from the Registration Sheet in the Register +Any interested party may obtain from the Ministry an extract from the registration sheet in the Commercial Agencies Register and may also obtain a certificate indicating that the +registration has not been made. + +" +economy and business,Federal Law No. (3) of 2022 Concerning Regulating Commercial Agencies,"Article (19) +Duties of Agents +Agents shall: +1. Provide the spare parts, tools, materials, fittings and accessories necessary and sufficient for the maintenance of durable goods; and +2. Provide the maintenance services, the subject -matter of the agency, in accordance with +the agreement of the two parties. +Federal Law No. ( 3) of 2022 on Regulating Commercial Agencies 11 + + Page 11 " +economy and business,Federal Law No. (3) of 2022 Concerning Regulating Commercial Agencies,"Article (20) +Prohibitions +1. Goods, products, manufactures, materials or other property, the subject -matter of any +Commercial Agency registered in the Ministry may not be entered for the purpose of +trading by means other than the Agent. The customs departments may not release such +imports brought by other than the Agent, except with the approval of the Ministry or the +Agent. The customs departments shall notify the Ministry or the Agent, as the case may +be. +2. The customs departments, the relevant authorities and the Competent Authorities, each +within its respective area of competence, shall, at the request of the Agent through the Ministry, attach such imports and keep them in the warehouses of the ports or the +importer until the dispute is adjudicated. +3. The Ministry may, by a justified decision, allow the entry of the goods and commodities and the provision of the services, the subject -matter of the Commercial Agency contract +on a temporary basis. + +" +economy and business,Federal Law No. (3) of 2022 Concerning Regulating Commercial Agencies,"Article (21) +Release of Activities or Materials +1. The Cabinet may, upon the recommendation of the Minister and after coordination with the competent entities identified by the Cabinet, release any activities or materials from +Commercial Agencies, in accordance with the controls set thereby, provided that the +Cabinet Resolution sets a date for release of such activities or materials. +2. The Ministry shall strike off the Commercial Agencies related to the activities and materials released from the Commercial Agencies Register. + +" +economy and business,Federal Law No. (3) of 2022 Concerning Regulating Commercial Agencies,"Article (22) +Administrative Penalties +The Cabinet shall issue the regulations for violations and administrative penalties which +Federal Law No. ( 3) of 2022 on Regulating Commercial Agencies 12 + + Page 12 shall apply to any person that violates any provision of the present Law. + +" +economy and business,Federal Law No. (3) of 2022 Concerning Regulating Commercial Agencies,"Article (23) +Commercial Agencies Committee +A committee to be known as ""the Commercial Agencies Committee"" shall be established. +The Cabinet shall issue a resolution determining its formation, its rules of procedure, its +members' remunerations and fees for hearing disputes before it. + +" +economy and business,Federal Law No. (3) of 2022 Concerning Regulating Commercial Agencies,"Article (24) +Competences of the Committee +1. The Committee shall be competent to hear any dispute arising between the parties to a Commercial Agency registered with the Ministry. No action shall be admitted before +courts in this regard before referral to the Committee. The Committee shall start hearing the dispute within twenty -two (22) working days from the date of submission of the +application for hearing the dispute thereto if the application is complete or from the date +of completion of the required documents. For the purpose of performing its duties, the +Committee may solicit the assistance of any person it deems fit. In all cases, the +Committee shall decide on the dispute within one hundred twenty (120) days from the date of submission of the application. Otherwise, either party may resort to courts within +sixty (60) days from the date of lapse of such time limit. +2. The Committee's decision and referral of the dispute to courts shall not be subject to challenge after the lapse of sixty (60) days from the date of notification of the +Committee's decision which, in such case, shall have the same force of a writ of execution. + +" +economy and business,Federal Law No. (3) of 2022 Concerning Regulating Commercial Agencies,"Article (25) +Seeking Assistance of Experts +In the course of carrying out its competences, the Committee may seek assistance of experts +Federal Law No. ( 3) of 2022 on Regulating Commercial Agencies 13 + + Page 13 or specialized entities in accordance with the controls and conditions set in its rules of +procedure. + +" +economy and business,Federal Law No. (3) of 2022 Concerning Regulating Commercial Agencies,"Article (26) +Resorting to Arbitration +1. The provisions of the present Law shall not prejudice any agreement between the Agent and the Principal to refer any dispute which may arise between them to arbitration. +2. The above -mentioned arbitration shall take place inside the State, unless the parties +agree otherwise. +3. If the Agen t or the Principal resorts to arbitration after the issuance of the Committee's +decision within the challenge period prescribed in article (24) of the present Law, the decision issued by the Committee in this regard shall neither have any effect nor entail +any consequences. +4. As an exception to the provision of article (31) of the present Law, the provision of +Clause (1) of this Article shall not apply to Commercial Agency contracts in respect of +which a dispute arises and is being heard before the Committee or the competent courts +before the publication of the present Law in the Official Gazette. + +" +economy and business,Federal Law No. (3) of 2022 Concerning Regulating Commercial Agencies,"Article (27) +The Capacity of Judicial Officers +1. The employees of the Ministry or the Competent Authority identified by a resolution of the Minister of Justice or the chairman of the local judicial authority, in coordination with the Minister or the chairman of the Competent Authority, as the case may be, shall have the capacity of judicial officers to detect the violations of the provisions of the +present Law, each within his respective area of competence. To this end, they may: +a. Have access to the documents and papers related to the Commercial Agency and registration in the Commercial Agencies Register to prove acts committed in +violation of the provisions of the present Law and the resolutions issued thereunder; +Federal Law No. ( 3) of 2022 on Regulating Commercial Agencies 14 + + Page 14 b. Conduct inspection, detect violations and refer the same to the authorities in charge +of investigation and trial; and +c. Seek assistance of the competent security agencies in cases so require. +2. The Agent shall provide the said employees with the necessary data, information and documents to perform their work and facilitate their tasks. + +" +economy and business,Federal Law No. (3) of 2022 Concerning Regulating Commercial Agencies,"Article (28) +Repeals +1. Federal Law No. (18) of 1981 Regulating Commercial Agencies is hereby repealed. +Moreover, any provision contrary to or contradicting the provisions of the present Law is hereby repealed. +2. The resolutions and regulations in force prior to the entry into force of the provisions of +the present Law shall remain in force, in a manner not inconsistent with the provisions +hereof, until the issuance of resolutions and regulations that replace the same. + +" +economy and business,Federal Law No. (3) of 2022 Concerning Regulating Commercial Agencies,"Article (29) +Implementing Resolutions +Without prejudice to the competences of the Cabinet set out in the present Law, the Minister +shall issue the resolutions necessary for implementing the provisions of the present Law. + +" +economy and business,Federal Law No. (3) of 2022 Concerning Regulating Commercial Agencies,"Article (30) +Final Provisions +1. The provisions of expiration of the Commercial Agency stipulated in Clauses (a) and (b) +of article (9/1) of the present Law shall not apply to Commercial Agency contracts in +force at the time of issuance thereof, except after the expiry of two (2) years from the +date of its entry into force. +2. As an exception to the previous clause, the provisions for expiration of the Commercial +Agency stipulated in Clauses (a) and (b) of article (9/1) of the present Law shall not +Federal Law No. ( 3) of 2022 on Regulating Commercial Agencies 15 + + Page 15 apply to Commercial Agency contracts in force at the time of issuance thereof, except +after the expiry of ten (10) years from the date of its entry into force, as for Commercial +Agencies that have been registered for the same Agent for more than ten (10) years or +Commercial Agencies in which the volume of the Agent's investment exceeds (AED 100,000,000) One Hundred Million Dirhams. The volume of the Agent's investments +shall be evaluated in accordance with the standards and controls set by the Minister. + +" +economy and business,Federal Law No. (3) of 2022 Concerning Regulating Commercial Agencies,"Article (31) +Publication and Entry into Force of the Law +The present Law shall be published in the Official Gazette and shall enter into force six (6) +months from the date of its publication. + + +Mohamed bin Zayed Al Nahyan +President of the United Arab Emirates, + +Issued by Us at the Presidential Palace - Abu Dhabi: +On: 19 Jumada Al Awwal 1444 AH +Corresponding to: 13 December 2022 AD + + " +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (1) Definitions +In the application of the provisions of this law, the words and expressions hereunder shall have the meanings set forth opposite each of them, unless the context of the provision +indicates otherwise: +The State : The State of the United Arab Emirates. +The Ministry : The Ministry of Economy & Commerce. +The Authority : The Securities & Commodities Authority. +The Chairman of the Board : The Chairman of the Board of Economy & Commerce. +The Board : The board of directors of the Authority. +Market : A securities and commodities market licensed in the State by the Authority. +Securities : Shares, bonds and notes issued by joint stock companies, bonds and notes issued by the Federal Government or Local Governments, public authorities and public +institutions in the State, and any other domestic or non- domestic fina ncial instruments +accepted by the Authority. +Commodities : Agricultural produce and natural resources extracted from under the ground +and the seas after being processed and prepared for commercial use. +Broker : A juristic person authorized pursuant to the provisions of this Law to conduct +brokerage business in the Market. +Broker's Representative : A natural person appointed by a Broker to conduct on its behalf +brokerage business in transactions relating to Securities and Commodities. + +Part One Securities & Commodities Authority + +Chapter One The Incorporation of the Authority, its Objects and its Powers + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (2) +A public authority shall be established in the capital of the State under the name of + ""Securities and Commodities Authority"" which shall have a legal personality, financial and +administrative independence in addition to supervisory and executive authorities +necessary to exercise its duties subject to provisions of this Law and regulations issued for +the execution of such law. This Authority shall follow the Cabinet. +The Authority shall be entitled to establish branches or offices for it to manage duties of +supervision and control over markets. +The Authority shall be prohibited to exercise businesses, to have any private interest in any +project, to own or issue any securities. + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (3) +The Authority shall have as its purpose the achieving of the following objects: +1 - To provide the opportunity to invest savings and funds in Securities and Commodities in +a manner that serves the interest of the na tional economy, secures the integrity and +accuracy of transactions, ensures interaction of the forces of supply and demand in order to determine prices and protection of investors by establishing the bases for sound and just +dealings between the various in vestors. +2 - To develop investment awareness by conducting studies and presenting +recommendations. +3 - To work to secure financial and economic stability. + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (4) +First: In the achieving of its objects, the Authority may exercise the following powers: +(1) To propose the regulations as to the following, to be issued by resolution of the Council of Chairman of the Boards: +(a) Regulations concerning its functioning. +(b) Regulations concerning the licensing and monitoring of the Market. +(c) Regulations conc erning the acceptance, listing, and canceling or suspending the listing +of any Securities or Commodities from being traded in the Market. +(2) To make the following regulations, in consultation and coordination with the Markets +licensed in the State: +(a) Re gulations concerning the functioning of the Market. +(b) Regulations concerning Brokers and the regulating of their functions and the cessation +thereof. +(c) Regulations concerning trading, clearance, settlement, transfer of ownership and +custody of Securiti es. + (d) Regulations concerning membership of the Market. +(e) Regulations concerning disclosure and transparency. +(f) Arbitration regulations in disputes arising from trading in securities and commodities. +(3) To form specialist technical committees, and to specify the scope of their work and the +remuneration therefor. +(4) To be in contact with international markets in order to obtain and exchange information +and know -how, and to join relevant Arab and international organizations and federations. +(5) To perf orm all other acts which assist the achieving of the Authority's objects or the +exercise of its powers pursuant to the law. +Second: Markets licensed in the State may propose amendments they deem appropriate to the regulations provided for in this Article. + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (5) +The Authority shall, within the scope of the objects for which it has been established, enjoy +the exemptions and facilities enjoyed by State institutions. + +Chapter Two The Organs of the Authority and their Competences + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (6) +The Authority shall have a Board of Directors that shall be formed upon a resolution issued by the Cabinet, provided that formation resolution shall nominate the Chairman of the +Board, remunerations of board directors, way of its meetings and how to take i ts decisions. + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (7) +The Council of Chairman of the Boards shall determine the remuneration of the members of +the Board. + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (8) +The membership period shall be four years, renewable once excluding the executive +Chairman of the authority. If the se at of any member becomes vacant for any reason +before the end of his period of membership, a successor shall be appointed for him, for the remaining period of office of the Board. + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (9) +Each member of the Board shall, forthwith upon assuming his duti es, make a declaration in + writing to the Authority as to the securities owned by himself, his spouse and minor +children. He shall also make a declaration in writing as to any change occurring therein +within one week at most from the date he becomes aware of the change. + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (10) +Any member convicted of an offence of dishonour or breach of trust or declared bankrupt shall forfeit his membership. Membership shall also be forfeit where a member fails to +attend three consecutive meetings without acceptable e xcuse. + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (11) +The Board shall meet upon invitation by its Chairman or his deputy when he was absent at least four times annually, and whenever necessary. +A written invitation including the agenda shall be sent in sufficient time prior to the date of +the meeting. +Board meetings shall be deemed valid if attended by the majority of the members thereof, provided that the Chairman or his deputy is amongst them. Its resolutions shall be issued +with the majority of the votes of those present. In the case of an equality of votes, the winning side shall be that which includes the person chairing over the meeting. + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (12) +The Board of Directors shall exercise the following competences: +1 - To ensure that the regulations mentioned in Article 4 of this Law ar e applied. +2 - To receive notifications and complaints relating to the activity of the Market or Brokers +and take appropriate resolutions thereon according to the provisions of this Law and the +regulations issued pursuant thereto. +3 - To require the Market and Brokers to submit balance sheets, profit and loss accounts, +and annual financial statements audited by an accredited auditor, within one month +following the end of the financial year. +4 - To require the Market to take the necessary measures for disclosure by the companies +whose Securities are listed therein of any substantial developments occurring in such +companies. +5 - To ensure transparency and disclosure as prescribed in this Law an d the resolutions +implementing it. +6 - To issue the requisite resolutions concerning approval of membership of the Market and +trading in securities and commodities in accordance with the provisions of this Law and the +regulations issued pursuant thereto. +7 - To undertake all other acts which assist the Board in achieving the objective of the + Authority. + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (13) +The Board shall submit a report to the Council of Chairman of the Boards on the Market's +activities every six months. + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (14) +""The Authorit y shall have an administrative body set in place and organized by a resolution +of the Board. The administrative body shall be headed by a full time chief executive with +the degree of undersecretary and a number of deputy chief executives having the rank of +assistant undersecretary, all of whom shall be appointed by a Federal Decree as per the suggestions of the Board. The regulations applicable to the Authority staff shall have effect +in connection with them."" + +Chapter Three The Authority's Financial Affai rs + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (15) +The Authority shall have an annual budget prepared by the Chief Executive and approved +by the Board. Its fiscal year shall commence on first January and end at the end of +December each year. Exceptionally, the Authority's first fiscal year shall commence on the +date when this law comes into force and shall end at the end of the following fiscal year. + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (16) +First: The Authority's sources of income shall consist of the following: +1 - Annual funds allotted to the Authority by the Federal Government. +2 - That which accrues to the Authority under the regulations provided for in this law from +the following: +a - Listing fees and annual fees levied on the companies and the Brokers in the Market. +b - Fees levied on trading, and fees for the services rendered by the Market. +c - Fines levied on Brokers and companies whose securities are listed for trading, and any +other fines. +Second: The Authority's properties shall be deemed public properties. + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (17) +The Federal Government shall bear the expenses of establishing the Authority. + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (18) +The Authority shall keep regular books of account in order to monitor its operations and +reflect its true financial position in accordance with the bases of accounti ng employed in the +State. +The prior- control provisions prescribed in Federal Law No. 7 of 1976 aforesaid shall not +apply to the Authority. + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (19) +The Authority shall have one or more auditors from amongst the statutory accountants +entered on the roll of practising auditors. Appointment, and the determining of fees, shall +be by Board resolution passed annually. + +Part Two Securities and Commodities Market + +Chapter One Establishment and Administration of the Market + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (20) +1- Markets for trading i n Securities and Commodities shall be established in the State. Each +Market shall be in the form of a local public establishment or a public joint- stock company +licensed by the Authority. It shall be a prerequisite that Markets are reciprocally and +electronically linked at State level. +2- If the market took the form of local public establishment, it shall be administered by a +board of directors constituted pursuant to a resolution promulgated by the competent local +authority, provided that none of its membe rs is a member in the board of directors of a +public joint stock company or a financial broker. The members of the board of directors of the Market shall be subject to the provisions of Article (10) + herein. +If the market took the form of public joint- stock company, the members of its board of +directors shall be elected according to provisions of companies act and its bylaw. + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (21) +The Market's director general, his deputy, and each member of the Market, shall, forthwith +upon assuming his duties, make a declaration in writing as to the securities owned by +himself, his spouse and his minor children, as well as the holdings of himself and the +holdings of his spouse and his minor children with any Broker. He shall also make a +declaration in writing as to any change occurring therein within one week at most fr om the +date he becomes aware of the change. + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (22) +The Market's board of directors shall exercise the following competences: +1 - To appoint the Market's director general and his deputy. +2 - To establish the organizational structure and the annexes th ereto, the internal +regulations and all administrative rules and instructions. +3 - To monitor on a daily basis the trading transactions in Securities and Commodities, so +as to ensure justice as between transacting parties. +4 - To present reports and data to the Authority and make the necessary press releases so +as to ensure transparency of information and disclosure. + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (23) +Subject to the provisions of Article 16 of this Law, the Market shall be financed from the +following sources: +1 - Listing fees an d annual fees levied on companies and Brokers in the Market. +2 - Fees levied on trading, and fees for the services rendered by the Market. +3 - Any fines levied on Brokers or companies whose Securities are listed for trading. + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (24) +1 - All transactio ns in Securities listed in the Market shall be entered in its records. +2 - An entity whose Securities are the subject of a transaction outside the Market shall +notify it of the transactions in such Securities in accordance with the rules in force issued by +the Board. +3 - Any transaction in Securities listed in the Market not recorded according to the +provisions of this Law and the regulations and resolutions issued in implementation thereof +shall be null and void. + +Chapter Two Brokers + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (25) +Transact ing in the Securities listed on the Market shall be restricted to licensed brokers. + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (26) + Licensed brokers and their representatives shall abide by the following: +1- Compliance with the provisions of this Law and the regulations issued in implementation +thereof, and all resolutions and instructions relating to the Market. +2 - Refraining from any act such as to harm the reputation of the Market, its members or +transa cting parties therein, or arranging or participating in any fictitious transactions not +conducive to a true transfer of the Securities or funds which are the subject of the dealing. + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (27) +The board of directors of the Market may impose on Brokers an y of the following penalties: +1 - A warning. +2 - A monetary fine not exceeding one hundred thousand Dirhams. +3 - Encashment of the bank guarantee in part or in full. +4 - Suspension of the Broker from activity for a period not exceeding one week, and if the +period of suspension exceeds one week, the matter shall be referred to the Authority to +take action as it sees fit. +5 - A recommendation to the Authority to remove the broker from the register of Brokers +licensed in the Market. + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (28) +Decisions of t he Market's board of directors as to the penalties provided for in paragraphs +1 and 2 of Article 27 of this Law may be appealed before the Authority within thirty days of +notification. +The Authority's decision on the appeal shall be final. + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (29) +Decisions as to the penalties provided for in paragraphs 3 and 4 of Article 27 and also the +Authority's decisions for the removal of Brokers pursuant to this Law may be appealed +before the competent court. In such cases the appeal shall be made within thirty days from +the date of notification of the decision imposing the penalty. + +Chapter Three Clearing, Settlement, Transfer of Ownership and Custody + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (30) +The prices of Securities and Commodities shall be displayed in the Market in accordance +with the r egulations issued pursuant to the provisions of this law, which regulations shall + include the procedures for selling, buying, clearing and settlement. + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (31) +The transfer of ownership of Securities in the Market, registration in its rec ords and custody +shall be in accordance with the regulations issued pursuant to the provisions of this Law. +The issuer of these Securities shall carry out the procedures on its side for transfer of +ownership without delay. + +Chapter Four Supervision and In spection Procedures + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (32) +The Board may resolve, by a majority of its members present, temporarily to halt trading in the Securities Market, or in the shares of any company, or transactions in any Securities, upon the occurrence of exceptional circu mstances or that which threatens the proper and +regular working of that Market. +The Board may also resolve, by the same majority, to freeze, suspend or bring back into +force any rules or regulations relating to the Market or any of its operations. + +Chapte r Five Disclosure and Transparency + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (33) +The Board may compel any person having a connection with activities in Securities, +whether a natural or a juristic person, to make public or private disclosure, and to submit +any information related to his ac tivity. +In performance of its duties, it may also order the making of any investigation it deems +necessary in applying the provisions of this law or the implementing resolutions it issues in +relation thereto. + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (34) +Companies whose Securities have be en listed in the Market shall promptly furnish it with +any information which affects the prices of these Securities, upon the same becoming +available to them. +The Market's board of directors shall have the right to publish such information in the local +press and other media it deems appropriate. + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (35) + Companies whose Securities have been listed in the Market shall publish, when so +requested, any explanatory information which relates to their circumstances and activities +and is such as to secure the i ntegrity of transactions and the confidence of investors. + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (36) +The furnishing of false information, statements or data such as to affect the market value of Securities and an investor's decision to invest or otherwise shall not be permitted. + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (37) +The exploitation of undisclosed information which could affect prices of Securities in order to achieve personal benefits shall not be permitted. Any dealing effected in contravention +of this shall be null and void. + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (38) +It shall be perm itted for the chairman and the members of the board of directors of a +company whose Securities are listed in the Market, and its general manager, or any of its +employees, to effect dealings himself or through others in any transaction in the Securities +of such company, subject to disclosure through the Market of the purchase or sale +transaction, the quantities and prices therein, and any other information required by the Market, and the obtaining of the approval of its board of directors for the transaction . Any +transaction not effected pursuant to such disclosure shall be null and void. + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (39) +It shall not be permitted for any person to deal in Securities on the basis of unpublicised or +undisclosed information he acquired by virtue of his position. +It shall not be permitted for any person to spread rumours regarding the selling or buying +of shares. Nor shall it be permitted for the chairman and members of any company's +management or its employees to exploit their inside information as to the company in the +purchase of shares or the sale thereof in the Market. +Any transaction effected by any person in contravention of the provisions of the two preceding paragraphs shall be null and void. + +Part Three Penalties + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (40) +Any broker, or representative of his, or any employee or auditor in the Market, and any person concerned in the execution of Market operations, who fails to respect professional + confidentiality and secrecy of client names shall be liable to imprisonment and to a fine not +exceeding one h undred thousand Dirhams, or to either of these penalties, this being in +addition to the disciplinary penalties provided for in Article 27 of this Law. + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (41) +Any person who contravenes the provisions of Articles 36, 37 and 39 of this Law shall be +liable to imprisonment for a period of not less than three months and not more than three +years, and to a fine of not less than one hundred thousand Dirhams and not more than one million Dirhams, or to either of these penalties. + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (42) +Any person who co ntravenes the provisions of Article 38 of this Law shall be liable to +imprisonment for a period of not more than three years, and a fine of not less than one hundred thousand Dirhams and not more than one million Dirhams, or to either of these +penalties. + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (43) +Without prejudice to the penalties prescribed in this Law or in any other law, any person +who contravenes any other provision of this Law and the regulations issued pursuant +thereto shall be liable to imprisonment and a fine, or to either of th ese penalties. + +Part Four Final Provisions + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (44) +The Authority shall, in consultation with the Markets, determine the fees required to +implement the provisions of this law and the regulations issued thereunder. + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (45) +As an exception to the evidential provisions and rules prescribed in any other law, proof in +cases relating to Securities shall be permissible by all means of proof, including electronic +data, data emanating from a computer, telephone recordings, and telex and facsimile +messages. + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (46) +The regulations concerning the functioning of the Authority and the rules and directions +related thereto shall be issued within a period of three months at most as from date of its +establishment. + Likewise, the regulati ons provided for in Article 4 of this law shall be issued within a period +of six months at most. + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (47) +The Board shall issue the resolutions necessary for the implementation of this law. + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (48) +Any provision of any other law or legislation contrary to or incompatible with the provisions +of this law and the regulations and resolutions issued pursuant thereto shall be repealed. + +" +economy and business,Federal Law No.(4) OF 2000 Concerning The Emirates Securities & Commodities Authority And Market,"Article (49) +This law shall be published in the Official Gazette and shall come into force from th e date of +its gazetting. + +[Signed] +Zayed Bin Sultan Al Nahyan +President of the United Arab Emirates +Issued by Us at the Presidential Palace, Abu Dhabi +On 23 Shawwal 1420 Hijri +Corresponding to 29 January 2000 AD + + " +economy and business,Federal Decree by Law No. (37) Of 2021 Concerning The Commercial Register,"Article (1) +For the purpose of applying the provisions of this Decree Law, the following words and +expressions shall denote the meaning ascribed thereto as follows, unless otherwise required +by the context: +State : The United Arab Emirates +Ministry : Ministry of Economy +Minister : Minister of Economy +Competent +Authority : The local governmental entity and the free zones authorities that are +vested with the authority for issuing business licenses, including +commercial, industrial, tourist, media and other economic activities +licensed in the State +Economic +Activity : The economic activities include commercial, industrial, tourist, media and +other economic activities licensed in the State +Economic +Register : A database to be created at the Ministry and contain the data of the +Commercial Register, including the names and data of the persons who are +subject to the provisions of this Decree Law and the Commercial Register +Number provided by the competent authority, in addition to any other +data described in the Executive Regulations of this Decree Law +Commercial +Register : A database to be created at the competent authority and contain the names +and data of the persons who are subject to the provisions of this Decree +Law with the competent authorities within their respective areas of +competence. +Economic +Register +Number : An identification number assigned to the establishment practicing the +economic activity when its name is recorded in the Economic Register at +the Ministry. +Commercial +Register +Number : An identification number assigned to the establishment practicing the +economic activity when its name is recorded in the Commercial Register at +the Ministry. +Federal Decree Law No. (37) Of 2021 Concerning The Commercial Register 3 + " +economy and business,Federal Decree by Law No. (37) Of 2021 Concerning The Commercial Register,"Article (2) +Objectives +This Decree Law aims to: +1. Regulate the uses of Commercial and Economic Registers in the State; and +2. Provide an accurate and unified database for all the data related to traders and licensed +economic activities in the State and any updates or changes relating thereto. + +" +economy and business,Federal Decree by Law No. (37) Of 2021 Concerning The Commercial Register,"Article (3) +Applicability +The provisions hereof shall apply to all those who practice any economic activity in the State, in particular: +1. The companies that are subject to the provisions of Commercial Companies Law; +2. The civil companies taking the legal form of a commercial company; +3. The companies established by the Federal Government or Local Governments or in +which the same holds an equity stake, and which practice an economic activity in the State; +4. The companies and establishments which practice a professional activity; +5. The companies established under a law or decree for the practice of a commercial activity; +6. Foreign companies' branches, offices and agencies; +7. The companies and establishments which practice their activity within the free zones of +the State; +8. Commercial sole proprietorships; and +9. Any other bodies added under a Cabinet resolution. + +" +economy and business,Federal Decree by Law No. (37) Of 2021 Concerning The Commercial Register,"Article (4) +Creation of the Commercial and Economic Registers +1. The competent authority shall create a Commercial Register to record therein the names +Federal Decree Law No. (37) Of 2021 Concerning The Commercial Register 4 + of the persons who are subject to the provisions hereof, all the data and documents +provided for herein, the data specified in the Executive Regulations of this decree law +and other laws as well as any changes to such data. +2. The Ministry shall create a register to be known as the Economic Register to record +therein the data of the persons who are subject to the provisions hereof, the data and +information of the Commercial Register and any changes to such data. This register may +include any other data described in the Executive Regulations hereof. +3. The economic data contained in the Economic Register shall be the property of the +Ministry. +4. No natural or legal person may only practice any economic activity when the data +thereof is entered in the Commercial Register. + +" +economy and business,Federal Decree by Law No. (37) Of 2021 Concerning The Commercial Register,"Article (5) +The Application for Registration in the Commercial Register +1. The persons who are subject to this decree law shall submit the application for +registration in the Commercial Register to the competent authority in accordance with +the form designated by it, including the following information: +a. Registration applicant's name, identification data and address; +b. The trade name under which the applicant wishes to practice the commercial +activity, if any; +c. The Legal Form adopted by the applicant requires for practicing the activity; +d. The type of activity required to be practiced by the applicant; +e. Amount of capital, if any; +f. Address of the business premises, if any; +g. Names of the authorized signatories; +h. E-mail address and telephone and fax numbers; and +i. Any other documents or data described in the Executive Regulations or any other +laws. +2. After the applicant has satisfied all licensing requirements, the competent authority shall +Federal Decree Law No. (37) Of 2021 Concerning The Commercial Register 5 + decide on the registration application. If the application is approved, the applicant shall +be granted a commercial registration certificate after having paid the prescribed fee, and +the competent authority shall record the data referred to in Clause (1) above in the +Commercial Register kept with it, and shall update such data and any changes thereto. +3. The competent authority shall record and share all the data referred to in Clause (1) +above and any changes thereto in the Economic Register, within the timeframe and +using the means and mechanism described in the Executive Regulations of this decree law, while the Ministry and competent authority shall complete the procedures of +electronic linkage with the Commercial Register. + +" +economy and business,Federal Decree by Law No. (37) Of 2021 Concerning The Commercial Register,"Article (6) +Annotating any Change or Modification to The Registration Data in the +Commercial Register +1. Any pers on, whose name is recorded in the Commercial Register, shall submit an +application to have any updates or changes to the registration data annotated in the +Register, within the time limit to be determined by the competent authority. Such annotation shall be subject to the same Procedures for registration in the Commercial +Register. +2. The competent authority shall, sua sponte, have any changes or updates to the +registration data annotated in the Register, in accordance with the cases and procedures +described in the Executive Regulations hereof; in which case, the competent authority +shall notify the person whose data has been annotated in the Commercial Register +within the time limit described in the Executive Regulations hereof. + +" +economy and business,Federal Decree by Law No. (37) Of 2021 Concerning The Commercial Register,"Article (7) +Renewing the Registration in the Commercial Register +Renewing the registration in the Commercial Register shall be subject to the controls and +procedures set out in the Executive Regulations hereof. +Federal Decree Law No. (37) Of 2021 Concerning The Commercial Register 6 + " +economy and business,Federal Decree by Law No. (37) Of 2021 Concerning The Commercial Register,"Article (8) +Commercial Register Number and Display of Registration Certificate +The Executive Regulations hereof shall determine the cases in which the persons governed +by the provisions hereof are required to include their Commercial Register Number in their +business documents and transactions with third parties and, the cases and circumstances in +which their Certificate of Registration in the Commercial Register is required to be displayed +within the Business Premises or on its websites. + +" +economy and business,Federal Decree by Law No. (37) Of 2021 Concerning The Commercial Register,"Article (9) +Cases of Deregistration from the Commercial Register +1. The person governed by the provisions hereof or its representative, inheritors or liquidators, as the case maybe, shall apply, in accordance with the same registration +procedures, to have their names removed from the Commercial Register in any of the following cases: +a. In the cases of sole proprietorships and the likes: +i. If the person ceases to practice its economic activity or finally departs from the +State, unless a director is appointed thereby to manage the economic activity on its behalf; +ii. The death of the person, unless his inheritors request the continuation of the +economic activity, provided that both the provisions of any other law are +observed and that such inheritors satisfy the conditions of the practice of the +activity. +b. In the case of the legal person: +i. When the company's liquidation procedures are completed; +ii. When the company's legal personality ceases to exist; and +c. In any other cases described in the Executive Regulations hereof. +2. The application shall be submitted within the time limit to be determined by the competent authority. Should the interested party fail to timely submit the deregistration application, the competent authority may, sua sponte after having verified the incident +Federal Decree Law No. (37) Of 2021 Concerning The Commercial Register 7 + giving rise to the deregistration, deregister the legal person concerned, update the data in +the Commercial Register and notify the Ministry and the relevant authorities of the +same. + +" +economy and business,Federal Decree by Law No. (37) Of 2021 Concerning The Commercial Register,"Article (10) +Court Judgments and Annotation in the Commercial Register +The courts or judicial committees shall send to the competent local authority a copy of the +judgments described herein below during the relevant time limit, by the means and based +on the mechanism specified in the Executive Regulations hereof, in order to make +annotations based thereon in the Commercial Register: +1. Judgments involving the declaration or revocation of bankruptcy, judgments specifying +or amending the debt default date, the decisions approving the judicial filing or +termination of the same, and the judgments on the objections thereto (if any); +2. Rehabilitation judgments; +3. The judgments and decisions imposing interdiction on the person governed by the +provisions hereof, appointing or dismissing the trustees or agents for the absentees, or +lifting the interdiction; +4. The judgments dismissing the partners or removing the directors; +5. Judgments dissolving, liquidating or invalidating the companies and appointing or dismissing the liquidators; +6. Judgments placing the business premises under receivership; +7. Judgments and decisions permitting the minor or his/her agent to practice business activities or revoking or restricting the permission to practice business at a business +premises; +8. Judgments imposing criminal penalties that prevent the person governed by the +provisions hereof from practicing the business thereof, and designating the trustee's +name and date of appointment; +9. The judgments involving receivership; +10. Any judgments or decisions issued by courts or judicial committees, as described in the +Federal Decree Law No. (37) Of 2021 Concerning The Commercial Register 8 + Executive Regulations hereof +The competent authority shall make relevant annotations in the Commercial Register by +virtue of such judgments and decisions once it has been notified of the same, in accordance +with the procedures specified in the Executive Regulations hereof. + +" +economy and business,Federal Decree by Law No. (37) Of 2021 Concerning The Commercial Register,"Article (11) +Mortgaging the Business Premises +Any mortgage of a business premises or any of its elements determined by the Executive Regulations hereof shall be recorded in the Commercial Register, and the Executive +Regulations hereof shall determine the procedures of the registration. + +" +economy and business,Federal Decree by Law No. (37) Of 2021 Concerning The Commercial Register,"Article (12) +Regulating The Deregistration and Re -Registration Procedures +The Executive Regulations hereof shall regulate the procedures and controls of +deregistration and re -registration in the Commercial Register. + +" +economy and business,Federal Decree by Law No. (37) Of 2021 Concerning The Commercial Register,"Article (13) +Date and Information of the Commercial Register and Economic Register +The Ministry and the competent authority, as the case may be, may publish on its website the data of the Commercial Register and Economic Register described in the Executive +Regulations hereof. + +" +economy and business,Federal Decree by Law No. (37) Of 2021 Concerning The Commercial Register,"Article (14) +Liability for Data Correctness +The registration applicant shall be held liable for the correctness and accuracy of the data +and documents contained in the application, while the competent authority shall not be +liable for incorrectness or inaccuracy of such data. + +Federal Decree Law No. (37) Of 2021 Concerning The Commercial Register 9 + " +economy and business,Federal Decree by Law No. (37) Of 2021 Concerning The Commercial Register,"Article (15) +The Probative Force of Registration Data +The data recorded in the Commercial Register and Economic Register shall have a probative +force as evidence in favor of or against the establishment practicing the economic activity, as +of the date of registration. In addition, any data required to be recorded or annotated may +only be invoked against Third Parties after the relevant action is carried out. However, any +interested third party may invoke such data vis -à-vis the person who is subject to the +provisions hereof. + +" +economy and business,Federal Decree by Law No. (37) Of 2021 Concerning The Commercial Register,"Article (16) +Access to Registration Data +1. Any person shall be entitled to have access to the basic data and documents entered in +the Commercial Register or Economic Register in accordance with the Executive +Regulations of this Decree Law. +2. Any person may request the Ministry or the competent authority to obtain an official +extract of the data recorded in the Commercial Register or Economic Register or any +other specific data as described in the Executive regulations hereof; +3. The government entities shall be entitled to have access to the data of the Commercial Register or Economic Register in accordance with the requirements of the work nature thereof as much as needed, in accordance with the Executive Regulations hereof. + +" +economy and business,Federal Decree by Law No. (37) Of 2021 Concerning The Commercial Register,"Article (17) +Correction of Errors +1. If the competent authority is convinced that a material or procedural error has been committed during the registration or modification process, it shall correct the same +within the time limit specified in the Executive Regulations as of the detection date of the +error or the submission date of the correction application by an interested person or the +legal representative of the establishment practicing the economic activity. +2. If an application for correction is submitted by an interested person or by the legal +Federal Decree Law No. (37) Of 2021 Concerning The Commercial Register 10 + representative of the establishment that practices the economic activity, but the +competent authority is convinced that there is no error, the decision to reject the +application shall be reasoned. + +" +economy and business,Federal Decree by Law No. (37) Of 2021 Concerning The Commercial Register,"Article (18) +Grievance +Each interested party may submit a grievance to the competent authority against the +decision rejecting the application for registration, annotation of its modification, +deregistration or re -registration, within (15) (fifteen days) of the date on which the applicant +is notified of the rejection decision, provided that the grievance is reasoned and +accompanied by all supporting documents. The grievance shall be decided on within (30) +(thirty days) of the date of its submission, in accordance with the applicable procedures of +the competent authority. + +" +economy and business,Federal Decree by Law No. (37) Of 2021 Concerning The Commercial Register,"Article (19) +Administrative Penalties +The acts committed in violation of the provisions hereof and the decisions issued in +application hereof shall be subject to the administrative penalties to be issued by the +competent authority in this regard. + +" +economy and business,Federal Decree by Law No. (37) Of 2021 Concerning The Commercial Register,"Article (20) +Adjustment of Affairs +The persons governed by the provisions hereof shall have their affairs adjusted in conformity with the provisions hereof, not later than one year of the entry -into -force date of +this Decree Law, and such time limit may be extended under a Cabinet Resolution. + + + +Federal Decree Law No. (37) Of 2021 Concerning The Commercial Register 11 + " +economy and business,Federal Decree by Law No. (37) Of 2021 Concerning The Commercial Register,"Article (21) +Commercial Register Fee +The Cabinet shall issue a resolution concerning the fees required for the implementation of +this decree law. + +" +economy and business,Federal Decree by Law No. (37) Of 2021 Concerning The Commercial Register,"Article (22) +Executive Regulations +The Cabinet shall issue the Executive Regulations hereof based on the proposal of the Minister and in coordination with the competent authority, within (6) (six) months of the +day following the entry into force date hereof. + +" +economy and business,Federal Decree by Law No. (37) Of 2021 Concerning The Commercial Register,"Article (23) +Repeals +1. Federal Law No. (5) of 1975 Concerning the Commercial Register, together with any +provision that goes against or conflicts with the provisions hereof, are hereby repealed. +2. The resolutions and regulations applicable prior to the entry into force hereof shall +remain in full force and effect insofar as they do not contradict the provisions hereof +until the substitute provisions are issued in accordance with the provisions hereof. + +" +economy and business,Federal Decree by Law No. (37) Of 2021 Concerning The Commercial Register,"Article (24) +Publication and Entry into Force +This Decree Law shall be Published in the Official Gazette and shall enter into force (6) (six) +months as of the day following the date of its publication in the Official Gazette. + + + +Federal Decree Law No. (37) Of 2021 Concerning The Commercial Register 12 + Khalifa bin Zayed Al Nahyan +President of the United Arab Emirates + +Issued by us at the Presidential Palace in Abu Dhabi +On 13 Safar 1443 (AH) +Corresponding to 20 September 2021 (AD ) " +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (1) +In application of the provisions of this Decree -Law, the following words and expressions +shall have the meanings assigned thereto respectively, unless the context requires +otherwise: +State : The United Arab Emirates. +Minister : The Minister of Finance. +Court : The competent Court in accordance with the rules of jurisdiction set +forth in the Civil Procedure Code. +Competent +Regulatory +Authority : The federal government or local regulatory authority determined by a +resolution of the Cabinet. +Debtor's Debts : Debts owed by the debtor at the issuance date of the Court's decision +initiating the proceedings in accordance with the provisions of Part III +or Part IV of this Decree -Law or those arising from the obligation +incurred by the debtor prior to the issuance o f the decision initiating +the proceedings. +Debtor's Assets : Elements listed in the credit side of the debtor's estate at the date of +the issuance of the decision initiating the proceedings or during any +of the proceedings set out in this Decree -Law. +Debtor's +Business : Activities that were practiced or are being practiced by the debtor +during taking any of the proceedings set forth in this Decree -Law. +Debit Estate : The case where the debtor's asse ts do not cover, at any time, the +liabilities. +Cessation of +Payment : The debtor's failure to pay any debt when due. + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 3 + Free Zone : Any free zone existing or to be establis hed within the State under any +federal or local legislation. +National +Currency : the UAE dirham. +Stakeholder : Any natural or legal person who has a right to or an interest in any of +the proceedings set forth in this Decree -Law. +Exchange Rate : The rate at which the UAE dirham may be exchanged for foreign +currencies as declared by the Central Bank of the United Arab +Emirates. +Precautionary +Measures : Any necessary measures taken by the Court in order to keep or +administer the debtor's assets sa fely and in accordance with the +provisions of this Decree -Law. +Working Day : Any official working day in the State. +Roster of +Experts : The roster of certified experts of financial reorganization and +bankruptcy affairs in accordance with Federal Law No. (7) of 2012 +referred to. +Emergency +Financial Crisis : A public event that affects trade or investment in the State such as the +outbreak of an epidemic, a natural or environmental disaster, war or +others. Cause and duration of said crisis shall be determined by a +Cabinet Resolution based on the proposal of the Minister. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (2) +The provisions of this Decree -Law shall apply to the following: +1. Companies subject to the provisions of the Commercial Companies Law; +2. Companies not established in accordance with the provisions of the Commercial +Companies Law, which are partially or fully owned by the federal or local government + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 4 + and whose articles of association and memoranda of association provide for that they +shall be subject to the provisions of this Decree -Law; +3. Companies and institutions estab lished in free zones, which are not subject to special +provisions governing the proceedings of composition, restructuring and bankruptcy +therein, subject to the provisions of Federal Law No. (8) of 2004 Regarding the Free +Financial Zones; +4. Any individu al having the capacity of a ""trader"" in accordance with the law; +5. Licensed civil companies with professional character. + +Part Two +Financial Reorganization +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (3) +1. A standing committee to be known as the ""Committee of Financial Reorganization "" shall +be formed under a resolution to be issued by the Cabinet, upon a proposal submitted by +the Minister. +2. The resolution issued by the Cabinet referred to in Clause (1) of this Article shall +determine the work system of the Committee and the executive and procedural rules +that enable it to exercise its competences. The Committee may seek the assistance of +expe rienced and competent persons as it deems appropriate. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (4) +The Committee shall have the following competences: +1. To supervise the administration of the financial reorganization of the establishments +licensed by the Competent Supervisory Author ities, in order to facilitate amicable +agreement between the Debtor and its creditors, with the assistance of one or more +expert(s) to be appointed by the Committee for this purpose in accordance with the +conditions and procedures stipulated in the Cabinet Resolution referred to in Paragraph +(2) of article (3) of this Decree -Law. + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 5 + 2. Approving the list of experts of financial reorganization and bankruptcy to perform any +tasks assigned to them in accordance with the provisions of this Decree -Law, in +coordin ation with the Ministry of Justice or the local authority in the emirates having the +local judiciary, and approving the conditions and procedures of enrollment in the Roster +of Experts. +3. Setting a schedule of fees of the experts to be appointed and any costs they incur due to +the financial reorganization proceedings. The expert appointed for the financial +reorganization proceedings shall, within the limits of what he does to perform the +mission entrusted to him, be treated as a public employee. +4. Establishing and preparing a register for persons against whom judicial judgments have +been passed, whether in respect of imposing any restrictions ordered by the Court or +their incompetency in accordance with the provisions of this Decree -Law. The +Committ ee shall issue a resolution to determine the register's form, the data to be +included therein, the persons who are entitled to have access to the register, the +conditions for such access, and other related provisions. +5. Submitting periodic reports to th e Minister on its activities, achievements and proposals +for the purpose of enabling it to carry out the tasks assigned thereto under this Decree - +Law. +6. Any other competences set forth in this Decree -Law or entrusted thereto by the Cabinet. + +Part Three +Composition in Bankruptcy +Chapter One +Submitting and Deciding on Applications +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (5) +Composition proceedings set forth in this Part aims at assisting the debtor to reach a +settlement with creditors pursuant to a scheme of composition under the supervision of the +Court and with the help of a trustee to be appointed in accordance with the pr ovisions of + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 6 + this Part. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (6) +1. The debtor may solely submit to the Court an application for composition if he faces +financial difficulties requiring assistance to reach settlements with his creditors. +2. In order to accept the application for composition, the debtor shall not have ceased to +pay due debts for a period of more than (30) consecutive working days because of the +instability of the debtor's financial position, or in case of a debit estate. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (7) +The debtor's application for c omposition shall cause the suspension of the performance of +the obligation thereof set out in article (68) of this Decree -Law, during the period from the +date of the application submission and the issuance of the Court decision on acceptance or +rejection o f initiating the composition proceedings, and the suspension shall continue, in +case the application is accepted, throughout the period of such proceedings. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (8) +If the debtor is subject to a competent regulatory authority, the debtor may apply fo r +composition, provided that the debtor notifies the competent regulatory authority in writing +ten (10) working days prior to the date of application submission, and the competent +regulatory authority may provide any related documents or pleas to the Court . + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (9) +1. The application for composition, which shall contain the reaso ns therefor shall be +submitted to the Court and the following documents shall be attached to the application: +A. A memorandum containing a brief description of the economic and financial position of +the debtor, information about his assets in addition to detailed data on his employees. +B. A certified copy of the commercial, industrial or professional license of the debtor and + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 7 + his commercial or professional register issued by the competent licensing authority in +the emirate. +C. A copy of commercial books or financial statements relating to the debtor's business for +the fiscal year preceding the submission of the application. +D. A report containing the following: +a. The debtor's cash flow forecasts and the profit and loss forecasts for the period of +(12) twelve months following the submission of the applicatio n. +b. A statemen t of the names of known creditors and debtors, their addresses, the +amount of their rights or their debts and securities provided to them, if any. +c. A detailed statement of the debtor's movable and immovable assets, the +approximate value of each of such assets at the date of the application submission, +and any securities or rights of others arising therefrom. +E. Composition proposals and guarantees of implementation. +F. Nomination of a trustee nominated by the debtor to take the proceedings in accord ance +with the provisions of this Decree -Law. +G. If the application is submitted by a company, the application shall be accompanied with +a copy of the decision of the competent authority in the company authorizing the +applicant to submit an application fo r taking the composition proceedings, and a copy of +the company's incorporation documents and any amendments thereto which are +deposited with the competent authority in the emirate. +H. A report issued by the authority concerned with credit information in the State. +I. Any other documents supporting the application. +2. If the applicant fails to provide any of the data or documents required pursuant to the +provisions of Clause (1) of this Article, the applicant shall mention the reasons in the +application. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (10) +1. The Court hearing the application for composition may decide, at the request of any +stakeho lder or on its own initiative, to take the necessary measures to preserve or + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 8 + administer any of the debtor's assets, including sealing the premises of the debtor's +business until deciding on the application. +2. The Court may decide to proceed with any mea sures of this kind or decide to take any +additional precautionary measures after accepting the application for composition. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (11) +The Court shall ensure that the application contains all the supporting documents, and it +may grant the debtor a time limit to provide any additional data or documents supporting +his application. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (12) +The debtor shall file with the Court's treasury, a sum of money or a bank guarantee in the +manner and at the date specified by the Court to cover the expenses and costs of the +composition proceedings, including the fees and expenses of the trustee and any expert to +be appointed. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (13) +1. The Court may appoint one of the experts enrolled in the Roster of Experts or any expert +other than those enrolled therein if the Court fails to find the person having the required +experience. +2. The appointed expert shall prepare a report on the debtor's financial position, including +his opinion on the fulfillment of the necessary conditions to accept the application for +initiating the composition proceedings and shall state whether or not the debtor's assets +are sufficient for the composition. +3. The Court shall determine the duties and fees of the expert and the period during which +he shall submit the report, provided that it is not more than twenty (20) working days +from the date of notifying him of the appointment decision. +4. The provisions contained in Articles (19) and (20) of this Decree -Law shall appl y to the + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 9 + expert. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (14) +1. The Court shall decide on the application for composition, without requiring the +attendance of the litigants, within no more than five (5) working days from the +submission date of the application satisfying the conditions thereof or from the date of +filing the expert's report, as the case may be. +2. If the Court accepts the application, it shall decide to initiate the composition +proceedings. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (15) +The Court shall reject the application for composition in the following cases: +1. If the debtor i s subject to the proceedings of composition, restructuring or bankruptcy +and liquidation of his assets in the State in accordance with the provisions of this +Decree -Law. +2. If the debtor fai ls to provide the documents and data provided for in Articles (9) and (11) +of this Decree -Law, or provides incomplete documents and data without justification. +3. If it is proved that the debtor acts in bad faith or the application constitutes an abuse o f +litigation process. +4. If a final judgment of conviction of one of the crimes set forth in Part VI of this Decree - +Law or any crime of fraud, theft, dishonesty or embezzlement of public funds is entered +against the debtor unless the debtor has been reha bilitated. +5. If the Court finds that the composition proceedings are not appropriate for the debtor +based on the data and documents submitted with the application or based on the report +prepared by the expert in accordance with the provisions of Clause (2) of article (13) of +this Decree -Law. +6. If the Court decides to initiate the bankruptcy proceedings in accordance with the +provisions of Part IV of this Decree -Law. +7. If the debtor does not deposit the required amount or does not provide the requir ed + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 10 + bank guarantee, in accordance with the provisions of article (12) of this Decree -Law. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (16) +The Court may summon any person who possesses information related to the application +for composition and such person shall be obligated to provide the Court with any required +information. + +Chapter Two +Appointment of the trustee +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (17) +1. If the C ourt decides to accept the application for composition, it shall appoint, in its +decision, a trustee from amongst the natural or legal persons nominated in accordance +with Clause (1/F) of article (9) of this Decree -Law, the experts enrolled in the Roster o f +Experts, or others if the Court fails to find the person having the required experience. +2. The Court may, on its own initiative or at the request of the debtor or the controller, +appoint more than one composition trustee, provided that they are not more than three +trustees at once. +3. If more than one composition trustee is appointed, they sha ll jointly perform their duties +and take decisions by majority vote, and in the event of a tie, the matter shall be referred +to the Court for weighting. The Court may distribute the tasks among the appointed +trustees and determine the way they work, whethe r jointly or severally. +4. If the Court appoints a legal person as composition trustee, it shall designate one or more +representatives to assume the functions of the trustee, provided that such representative +is enrolled in the Roster of Experts in accordance with the provisions of this Decree -Law. +5. The Court shall notify the trustee of his appointment decision no later than the day +following the issuance date of the decision. +6. Any creditor may file a complaint against the Court's decision on the trustee +appointment within fi ve (5) working days from the date of publication, which is in + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 11 + conformity with the provisions of article (35) of this Decree -Law, to the Court, which +shall adjudicate on the complaint within five (5) working days without pleading. Its +decision shall be fina l in this regard, and the complaint shall not suspend any of the +proceedings set forth in this Part. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (18) +The trustee may submit to the Court any request that would assist him in carrying out his +duties as required, including a request for appoin tment and assignment of one or more +experts from the Roster of Experts to assist him in any of the competences entrusted thereto. +An expert other than those enrolled in the Roster of Experts may be appointed, when the +need arises, under the approval of the Court, and the Court shall determine the tasks and +fees of the expert upon the recommendation of the trustee. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (19) +Composition trustees may not be appointed from the following persons: +1. A creditor; +2. The debtor's spouse or brother -in-law or one of his relatives to the fourth degree; +3. Any person against whom a final judgment of conviction of a felony or misdemeanor of +theft, embezzlement, fraud in commercial transactions, malversation, forgery or fa lse +testimony, any of the crimes set forth in this Decree -Law, bribery or any misdemeanor +harming the national economy has been entered, even if rehabilitated. +4. Any person who has been a partner, employee, auditor or agent of the debtor during the +two years preceding the initiation of the composition proceedings. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (20) +1. The appointed trustee shall receive his fees in return for the tasks carried out by him and +receive the expenses incurred by him, as determined by the Court, from the deposi ted +amount or the bank guarantee provided in accordance with the provisions of article (12) + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 12 + of this Decree -Law. +2. The Court may decide to disburse amounts on account of the fees and expenses to the +trustee who is appointed in accordance with the provisions of this Part, at any time after +assuming his duties, by deducting the same from the amount deposited on account o f +the fee and expense. +3. Each stakeholder may file a complaint with the Court about the estimation of the +trustee's fees and expenses and filing such complaint shall not cause the suspension of +the proceedings. The Court shall adjudicate on the complain t within five (5) working +days from the filing date and its decision shall be final in this regard. +5. If the deposited amount or the provided bank guarantee does not cover the fees and +expenses, the Court shall obligate the debtor to deposit the differe nce within the period +specified thereby; otherwise the Court may order to terminate the composition +proceedings. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (21) +1. The Court may, on its own initiative, substitute the trustee as may be necessary. Further, +the creditor or the debtor shall be entitled to request the Court to substitute the trustee if +it is proved that the continuation of his appointment could damage the interests of the +debtor or creditors. Any substitute trustee shall be appointed in the same manner of the +appointment of t he original trustee in accordance with the provisions of this Decree - +Law, and the original trustee shall cooperate to the extent necessary to enable the +substitute trustee to assume his duties. +2. The trustee may request the Court to relieve him of his duties, and the Court may accept +the same and appoint a substitute for him. The Court may determine fees for the trustee +whose request has been accepted in return for services provided thereby. + + + + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 13 + Chapter Three +Inventory of the Debtor's Assets +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (22) +1. Once appointed, the trustee shall make an inventory of the debtor's assets in his +presence, in the presence of his representative or after being notified. A report on the +procedures taken shall be pr epared and such report shall contain a list of inventoried +items and shall be signed by the trustee and the debtor in case of his attendance and a +copy thereof shall be delivered to the Court. +2. The trustee may request the Court to issue an order to sea l or unseal any of the debtor's +assets. +3. Assets subject matter of the inventory shall not include the rights of those entitled to the +pension of the debtor, whether acquired before or after the date of the decision initiating +the proceedings and such rights shall remain owned thereby. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (23) +1. The Court shall provide the trustee, when appointed, with all the information available +about the debtor. +2. The debtor shall provide the trustee with any additional details related to the +composition proceedings required by him, within the time limit specified by the trustee. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (24) +1- The trustee shall prepare a register of all the known creditors of the Debtor, and shall +provide a copy of such register, having up -to-date entries, to the Court. +2- The trustee shall enter the following o n the register: +a. The address of each creditor, the amount of each creditor's claim and the due dates +thereof. +b. Identify any creditors secured by means of mortgage, the details of the security held by +each creditor and the estimated value of each security in case of enforcement against + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 14 + them. +c. Identify the creditors having preferential debts, and indicate the nature of such +preferences. +d. Any set -off application submitted in accordance with the provisions of Section Five of +Chapter Five of this Decree -Law. +e. Any other details the trustee may consider necessary to perform its duties. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (25) +1. The trustee may request any data or information relevant to the debtor's assets or +business from any person who may have such information. +2. Whoever has information about the debtor's assets or business shall be obligated to give +the trustee the necessa ry information requested thereby, including any documents and +books of accounts related to the debtor. The trustee shall maintain the confidentiality of +any information related to the debtor if the disclosure thereof harms the debtor, and +shall refrain fro m any disclosure outside the framework of the composition proceedings. +3. In case that such person refuses to cooperate with the trustee and provide him with the +required information, the trustee may refer the matter to the Court to determine the +amount of information that may be requested and provided to the trustee. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (26) +1. The debtor or any of his employees shall, during the composition proceedings, manage +the debtor's business under the supervision of the trustee. +2. The trustee may requ est the debtor to perform all the actions necessary to preserve his +interests and the interests of his creditors during the composition proceedings. +3. The trustee may, during the performance of his duties, carry out the following actions on +behalf of the debtor whenever such actions achieve the purpose of the composition after +obtaining the debtor's consent or permission of the Court: +A. Possession of any of the debtor's assets; +B. Request for verification and proof of ownership of any asset of the debtor; + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 15 + C. Valuation of the debtor's assets and presenting a report thereon to the Court; +D. Collection of any money or rights on behalf of the debtor; +3. Concluding or maintaining any insurance policies necessary to continue the debtor's +business; +F. Paying any payable amounts or fulfilling any required claims as part of the +implementation of the scheme of composition; +G. Leasing any property belonging to the debtor or terminating the lease agreements +thereof and leasing any property, if necessary; +H. Entering into any arrangement, acquittal or settlement, on behalf of the debtor, with +one or more creditors of the debtor; +I. Obtaining any guarantee or security which the debtor has neglected to obtain or +renew. +J. Any other actions achieving the purpose of the composition and approved by the +Court. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (27) +1. The Court may decide to suspend any of the debtor's business, upon the urgent request +of the trustee. +2. The Court shall issue its final decision on the partial suspension based on the report of +the trustee, after a period not exceeding such period neede d for the Court's approval of +the draft scheme of composition in accordance with the provisions of Chapter X of this +Part. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (28) +1. The trustee may submit to the Court, on behalf of the debtor, a request to authorize him +to get new financing wit h security or without security during the composition +proceedings to ensure the continuation of the debtor's business in accordance with the +provisions contained in Chapter IV of Part V of this Decree -Law. +2. No security taken over the debtor's assets af ter the decision initiating the composition + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 16 + proceedings shall be effective unless taken based on the prior permission of the Court. + +Chapter Four +Appointment of Controllers +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (29) +1. The Court may appoint one or more Supervisors from among the creditors who request +such appointment, to supervise the implementation of the Composition Procedures. In +case of the nomination of secured and unsecured creditors or creditors who have +preferent ial debts, at least one Supervisor shall be appointed for each group. +2. In case of the nomination of more than one creditor from one group, the Court shall +choose from among them the one it deems appropriate, taking into account the number +of creditors and the amount of debt represented by each nominee. +3. Each controller may be represented by one of his employees or his legal representative. +4. If the debtor is subject to a competent regulatory authority, the Court may appoint a +controller from such authority upon its request. +5. The controller or the legal person's representative appointed as a controller shall not be +the debtor's spouse or brother -in-law or one of his relatives to the fourth degree. +6. The controller shall not receive any fees and shall bear responsibility only for his serious +or deliberate mistake during the performance of his duties. +7. The debtor or any creditor may file a complaint with the Court about the appointment of +the controller or his representative and such complaint shall not cause the suspension of +the proceedings. The Court shall adjudicate on the complaint within five (5) w orking +days from the filing date and its decision shall be final in this regard. +8. The Court may, on its own initiative or at the request of the trustee, dismiss the controller +and appoint another controller. +9. The Court may relieve the controller of his duties at his request and appoint another +controller. + + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 17 + " +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (30) +The controller shall assist the trustee and the Court and work to serve the general interest of +the creditors. Further, the controller shall mo nitor the implementation of the conditions of +the scheme of composition and inform the Court of violations of such conditions. + +Chapter Five +Prohibiting Disposal of Assets +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (31) +1. The debtor shall be prohibited from performing any of the following acts as of the date +of the decision initiating the composition proceedings: +A. Paying any claims arising prior to the issuance of the decision initiating the +proceedings except for any s et-off payments made in accordance with the provisions +of Chapter V of Part V of this Decree -Law; +B. Disposing of any of his assets or borrowing any amounts unless this is in accordance +with the provisions of this Decree -Law and in the ordinary course of the debtor's +business, provided that the debtor obtains the prior approval of the trustee or the +Court; +C. Disposing of the company's shares or stocks or making a change in its ownership or +legal form, if the debtor is a legal person. +2. The Court sha ll, at the request of any stakeholder, order not to enforce any act of the +debtor, which is inconsistent with the provisions of Clause (1) of this Article. + +Chapter Six +Suspension of Judicial Proceedings and Abatement of the Interest +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (32) +1. In cases other than those provided for in this Decree -Law, the Court decision to +commence composition proceedings pursuant to the provisions of article (14) of this +Decree -Law shall entail the suspension of the judicial proceedings against the Debtor + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 18 + and the judicial enforcement proceedings in respect of assets thereof. Suspension of +judicial proceedings and enforcement proceedings provided for in this Clause shall +continue u ntil occurrence of either of the following two events whichever is earlier: +a. Approval of the composition plan in accordance with provisions of article (49) or +article (50) of this Decree -Law; or +b. Passage of (10) ten months from the date of issuance of the Court decision to +commence the composition proceedings pursuant to provisions of Clause (1) of this +Article. +2. Notwithstanding the provisions of Para. (b) of Clause (1) of this Article, after consulting +the Trustee, the Court may extend the suspension of judicial proceedings and +enforcement proceedings for an additional period not exceeding (4) four months. +3. Creditors of debts secured by movable or immovable assets may require the Court to +exclude them from suspension of enforc ement provided for in Clause (1) of this Article, +and the Court may grant this permission if the collateral granted to the Creditor +requesting permission is not necessary for proceeding with the composition +proceedings. Further, the Court may give permissi on if the Creditor requesting +permission proves that its collateral is likely to be damaged or depreciated quickly if it +does not obtain proper protection thereof. +4. The Creditor's application filed pursuant to Clause (3) of this Article shall be served upon +the Trustee and the Debtor within one business day. +5. The Debtor may submit a reply to the Creditor's application and the Trustee shall express +its opinion on t he application within three business days from the date of being served +the application. The Court shall decide on granting the permission within (10) ten +business days from end of the period granted to the Debtor and the Trustee in +accordance with this Cl ause. Deciding on the application for the permission does not +entail notices or exchanging submissions. Upon granting the permission, the Court shall +verify the absence of any collusion between the Debtor and the Creditor whose debt is +secured by movable o r immovable assets, and the rank of the secured Creditor in the +order of priority in case of securing more than one creditor by the same asset. + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 19 + 3. The Court decision dismissing the application for permission may be appealed before +the competent court of appeal. The appeal shall not result in the suspension of the +composition proceedings. The decision made in respect of the appeal shall be final. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (33) +The decision initiating the proceedings or ratifying the scheme of composition shall not +cause t he debts to become due prior to their stated maturity or cause the abatement of the +interests thereof. + +Chapter Seven +Performance of Obligations and Contracts +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (34) +1. Subject to the provisions of Articles (26) and (31) of this Decree -Law, the issuance of the +decision initiating the proceedings shall not cause the expiration or termination of any +contract in force between the debtor and the party contracting therewith. T he party +contracting with the debtor shall fulfill his contractual obligations unless a judgment of +stay of execution is delivered, prior to the issuance date of the decision initiating the +proceedings, due to the debtor's failure to perform his obligation s. +2. The Court may, at the request of the trustee, order to terminate any contract in force to +which the debtor is a party if it is necessary to enable the debtor to practice his business +or if the termination is in the best interests of all creditors o f the debtor and does not +substantially harm the interests of the other contracting party. +3. If the debtor owns common property, the trustee or any of the co -owners may request to +divide the common property, even if there is an agreement not permitting the division, +and any co -owner shall have the priority over others if he wishes to buy the debtor's +share in exchange for just compensation as determined by Court. + + + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 20 + Chapter Eight +Composition Proceedings and Filing Claims +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (35) +The trustee shall, within five (5) working days from the date of notifying him of the +appointment decision: +1. publish a summary of the decision initiating the composition proceedings in two local +widely circulated daily newspapers, one published in Arab ic and the other in English, +provided that the publication includes calling the creditors to file their claims and +supporting documents and to deliver the same to him within no more than twenty (20) +working days from the date of publishing. +2. Notify all the creditors whose addresses are known to provide him with the claims and +documents within twenty (20) working days from the date of publishing the summary of +the decision initiating the proceedings. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (36) +1. All the creditors shall deliver to the trustee, within the time limit provided for in Article +(35) of this Decree -Law, documents of their debts accompanied with a statement of such +debts, their securities, if any, their maturity dates and their amount denominated in the +national currency on the basis of the prevailing exchange rate at the issuance date of the +decision initiating the proceedings. +2. The trustee may request the creditor who has filed his claim to provide explanatory +notes of the debt claim or supplementary documen ts or to specify the amount or nature +thereof. Further, the trustee may require the ratification of any claims by the creditor's +accountant or auditor. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (37) +1. The trustee shall, after the expiry of the time limit set out in article (35) of thi s Decree - +Law, provide a list of creditors who have filed their claims, a statement of the amount of + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 21 + each debt separately, the supporting documents and its securities, if any, his opinion on +accepting, modifying or rejecting the same, and his proposals on t he payment method, if +possible. The trustee shall deposit such list with the Court within ten (10) working days +from the expiry date of the time limit set out in article (35) of this Decree -Law. This time +limit may, if necessary, be extended once for a sim ilar period under a decision of the +Court. +2. The trustee shall, within three (3) working days following the deposit referred to in +Clause (1) of this Article, publish the debt list and the statement of the accepted amounts +of each debt in two local widely circulated daily newspapers , one published i n Arabic +and the other in English. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (38) +1. The debtor and each creditor, whether or not named in the debt list, may object to the +contents of the list within seven (7) working days from the date of publishing the list in +the newspapers, and this shall not cause the suspension of the composition proceedings. +2. The Court shall decide on the objection submitted pursuant to the provisions of Clause +(1) of this Article within ten (10) working days from the date of submission. +3. The Court's decision may be appealed before the competent Court of Appeal within five +(5) working days from the date of issuance of the decision. The appeal shall not cause +the suspension of the composition proceedings, and the decision on the appeal shall b e +final. +4. The Court may, before adjudicating the appeal, decide to accept the debt temporarily in +an amount to be estimated thereby and shall notify the trustee thereof. +5. The debt shall not be temporarily accepted if a criminal action is instituted. +6. If the objection is related to the debt securities, it shall be temporarily accepted as an +ordinary debt. +7. The share of the tempora rily accepted debt shall be retained from the sale proceeds of +the security assets. Upon any distribution to creditors in accordance with the provisions +of this Decree -Law, if the Court decides not to recognize the temporarily accepted debt + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 22 + or to reduce it , such retained share shall be returned, as per its ratio to the general +security, to the creditors. +8. The Court shall approve a list of names of the creditors whose debts are accepted, +whether finally or temporarily. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (39) +1. The creditor wh o has failed to provide his debt documents within the time limit set out +in article (35) of this Decree -Law shall not take part in the composition proceedings, +unless this failure is for reasons acceptable to the trustee or the Court reasons. Further, +the creditors whose debts have been rejected completely shall not take part in the +composition proceedings. +2. Notwithstanding the provisions of Clause (1) of this Article, the creditor who has failed +to provide his debt documents within the time limit set o ut in article (35) of this Decree - +Law may submit the same to the trustee to accept the debt's supporting documents and +take part in the proceedings for acceptable reasons. The approval granted by the trustee +in this regard shall be approved by the Court. I n case of the trustee's rejection or failure +to respond within three (3) working days, the creditor may submit a request to the Court +for accepting the submission of the debt's supporting documents and the Court shall +consider the request as soon as possib le after consultation with the trustee, and issue its +decision within (7) seven working days from the date of the request. If the Court orders +to accept the debt, it may charge the trustee with submitting a report on the impact of +the new debt on the draft scheme, and refer the findings to the Court for approval. In all +cases, the proceedings set forth in this Clause shall not suspend the composition +proceedings. + + + + + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 23 + Chapter Nine +Scheme of Composition +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (40) +1. The debtor shall, with the assistance of the trustee, prepare a draft scheme of +composition and submit it to the Court within forty five (45) working days from the date +of publishing the decision initiating the composition proceedings, and the Court may, a t +the request of the debtor or the trustee, extended such period for further period or +periods not exceeding, in the aggregate, twenty (20) working days, provided that he +submits to the Court periodic reports on the progress of the preparation of the draft +scheme every ten (10) working days. +2. The draft scheme of composition shall include the following: +A. To what extent the debtor's business might re -achieve profits; +B. The debtor's activities to be suspended or terminated; +C. Terms and conditions of the settlement of any obligations; +D. Any performance bonds to be provided by the debtor, if any; +E. Any offer for buying all or part of the debtor's assets, if any; +F. Grace periods and payment discounts; +G. The possibility of converting debt into shares in the capital of any project; +H. Any offer for consolidating, creating, redeeming, selling, or substituting any securities +if it is necessary to implement the draft scheme; +I. The implementation period of the scheme, subject to the provision of Clause (1) of +this Article. +3. The trust ee may include in the draft scheme of composition any other matters deemed +useful in the implementation of the scheme of composition. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (41) +The scheme of composition shall include a timetable for its implementation, which shall not +exceed three (3 ) years from the date of the scheme ratification by the Court, and it may be + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 24 + extended for a similar period with the consent of the majority of creditors who hold two - +thirds of the debts unpaid in accordance with the scheme and any amendments thereto. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (42) +1. The Court shall, within ten (10) working days from the submission date of the draft +scheme of composition, review the draft scheme to ensure that it is in the interest of all +parties. The Court may request, during such period, the trustee to make any neces sary +amendments to the draft scheme and return the same to the Court within no more than +ten (10) working days from the notification date of the Court's request, and such period +shall be renewable, under a decision of the Court, for a similar period once. +2. If the Court is satisfied with the draft scheme, it shall request the trustee to call the +creditors, within five (5) working days, for a meeting to discuss the draft scheme of +composition and vote thereon, and the trustee shall provide the creditors w hose debts +are accepted with a copy of the draft scheme of composition. +3. The call for the meeting referred to in Paragraph (2) of this Article shall be published in +two widely distributed local daily newspapers, one of which is published in Arabic and +the other in English. The call shall set the place and time of the meeting. In addition, the +Court may instruct the trustee to send the call for meeting by any other possible methods +of communication, including the notification by electronic means. +4. The meeting shall be held within (15) fifteen business days from the date of publication +of the call for meeting as determined by the Court in line with the interest of the +Composition. The electronic means may be used to organize the meeting and discuss the +plan or vote thereon, so that any of the creditors may easily communicate as appropriate +to the procedures based on the trustee's recommendation. +5. The Court may decide to call the creditors for other meetings during the proceedings or +to postpone the date of the creditors' meeting, taking into account the number of the +known creditors and any other circumstances of importance to the holding of the +meeting. +6. If the debtor is subject to a competent regulatory authority, such authority shall be called + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 25 + to attend the meetings. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (43) +1. After consulting the trustee, the Court may, either upon a proposal of a group of +creditors or sua sponte, issue a decision to form one or more committees of creditors +representing different categories, including one or more committees of unsecured +credito rs, one or more committees of secured creditors and one or more committees of +creditors having preferential debts. The Court may also form one or more committees of +bond and sukuk holders, for the purpose of discussing the Composition Plan and +proposing an y amendments thereto at the meetings organized under article (42) of this +Decree -Law. +2. Each committee may select its representative from among the creditors or the legal or +financial consultants, and identify the matters entrusted thereto in accordance with the +provisions of this Decree -Law. The representative of each committee shall be notified of +all correspondence related to the meeting and then, such committee shall be responsible +for notifying its creditors of the proceedings. +3. The Court may, b ased on the proposal of the trustee, restrict the selected representative's +powers or relieve him of his duties if it finds that the powers granted to him are broad +and harmful to the interests of creditors. +4. The Court may re -form any of the committees referred to in Clause (1) of this Article, if +deemed necessary. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (44) +1. The trustee and the debtor shall provide an explanation of the items of the scheme of +composition during the meetings held to discuss the scheme. +2. Any creditor may, at the meetings held to vote on the draft scheme of composition, make +any amendments thereto, and the committee before which the amendment is proposed +and any other committee affected by the proposed amendment shall express the +opinion th ereof on such amendments. + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 26 + 3. The Court may call the creditors for further meetings to consider the proposed +amendments, and it may decide to approve or reject any of the proposed amendments in +preparation for ratifying the draft scheme of composition in accordance with the +provisions of article (49) of this Decree -Law. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (45) +1. The voting rights on the draft Composition Plan shall be limited to the ordinary creditors +and creditors having preferential debts whose debts have been finally accepted . +2. Notwithstanding the provisions of Clause (1) of this Article, the Court may allow the +creditors whose debts are temporarily accepted to vote on the draft scheme of +composition, based on a proposal by the trustee and the Court shall determine in its +decision the conditions and limits of granting such permission. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (46) +1. The court shall permit the secured creditor to vote on the Composition Plan on the basis +of its secured debt without impacting the security right if the plan affects its secured +rights. The creditors with secured debts shall not vote in situations other th an the +abovementioned one, unless they waive those securities in advance. Such waiver shall +be recorded in the minutes of the meeting. +2. If the Creditors with secured debt votes on the Composition Plan without being +authorized by the court or expressly waiving its security, such voting shall be deemed a +waiver of that security. +3. The surrender shall be effective only if the scheme of composition is ratified, and if the +composition is invalidated, the security covered by the surrender shall be re -enfor ced. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (47) +1. The draft Composition Plan shall be approved by the majority vote of the creditors +whose debts are finally accepted, or those whose debts are provisionally accepted and + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 27 + permitted to vote, provided that such majority holds in the ag gregate at least two thirds +of the accepted value of the total debts. +2. If one of the two majorities referred to in Clause (1) of this Article is not achieved, the +meeting shall be postponed for seven (7) working days. +3. If one of the two majorities is not achieved after the extension in accordance with Clause +(2) of this A rticle, it shall be deemed a rejection of the scheme of composition. +4. The creditors who have attended the first meeting or been represented therein, and +voted for approving the scheme of composition may be absent from the second meeting. +In such case, their approval of the scheme of composition at the first meeting shall +remain valid and effective and their votes shall be counted in the quorum at the second +meeting unless they attend the second meeting and change their previous votes or there +is a chang e made to the scheme of composition. +5. Minutes of the meeting held to vote on the draft scheme of composition shall be written +and signed by the trustee, the debtor and the present creditors permitted to vote. If one +of them refuses to sign the same, hi s name and the reason for refusal shall be mentioned +in the minutes. +6. All the creditors who participate in voting on the draft scheme of composition shall +inform the trustee of their elected addresses for receiving notices, including the +addresses to w hich notices by electronic means are sent. Giving notice using such means +shall be effective in respect of all subsequent proceedings. +7. Items of the scheme of composition shall apply to the creditors voting against the +scheme. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (48) +Co-debtors of the original debtor or his sureties for debts shall not benefit from the +composition. However, if the composition is achieved with a company, the partners who are +liable to the full extent of their property for its debts shall benefit from th e conditions +thereof unless the composition indicates otherwise. + + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 28 + Chapter Ten +Ratification and Implementation of the Scheme of Composition +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (49) +1. The trustee shall, within three (3) working days from the date of the meeting at which +the required majority vote for approving the scheme of composition, submit the draft +scheme to the Court, so as to render its decision ratifying or rejecting the scheme of +composition. +2. Any creditor whose debt is accepted and who does not approve the scheme of +composition when voting thereon may object to the draft scheme submitted to the Court +within three (3) working days from the expiry date of the time limit speci fied in Clause +(1) of this Article. The Court shall decide on the objection submitted within five (5) +working days from the date of submission of the objection and its decision in this regard +shall be final. +3. The Court shall summarily issue its decisio n ratifying the scheme of composition after +ensuring the fulfillment of all the conditions, and it may decide to accelerate the maturity +of the debts due to the creditor who accepts to reduce his debts, in the best interest of +the composition proceedings. The Court's decision shall be binding on all creditors in +this regard. +4. The Court shall verify that the scheme of composition guarantees that all the creditors +who are affected by the scheme will receive at least what they would have received had +the debtor's assets been liquidated on the date of voting on the scheme, as per t he +Court's estimation of such assets. +5. The Composition Plan shall not affect the priority rights conferred upon secured debts or +creditors having preferential debts as provided for in this Decree -Law. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (50) +1. If the Court rejects to ratify the scheme of composition, it may return the scheme to the +trustee to amend the same within ten (10) working days from the date of rejection and + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 29 + re-submit it thereto for ratification or may decide to initiate the bankruptcy proceedings +in accordance with t he provisions of this Decree -Law. +2. The debtor or any of the creditors whose debts are finally accepted may file a complaint +with the Court about its decision rejecting the ratification or the amendment of the +scheme of composition. The Court shall adju dicate on the complaint within ten (10) +working days from the date of filling the complaint and its decision shall be final. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (51) +1. The debtor may offer his creditors an alternative security equivalent to the existing +security. In case of non -acceptance of such offer, the Court may decide to substitute the +security if it finds that the alternative security is not less than the value of the existing +security and does not constitute harm to the interests of the creditor to whom the +alternative security is offered. +2. The Court's decision may be appealed before the competent Court of Appeal within five +(5) working days from the issuance date of the Court's decision. The appeal shall not +cause the suspension of the proceedings, and the decision on the appeal shall be final. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (52) +1. The trustee shall ensure that the sale of any of the debtor's assets to be sold in +accordance wit h the scheme of composition shall be at the best price in light of the +prevailing market conditions at the selling date. The trustee shall deposit part of the sale +proceeds, which represent the value of the claims secured by the sold assets in the bank +account determined by the Court. +2. Once the scheme of composition is ratified, the trustee shall pay the creditors whose +debts are secured by the assets sold in accordance with Clause (1) of this Article, their +debts from the sale proceeds of such assets, as per their prioritization. + + + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 30 + " +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (53) +1. If the Court finds that some of the debtor's assets are essential for the continuation of his +business, it may decide to prohibit the disposal of such assets without its approval for a +specified period not exceeding the period of the scheme of composition. If such assets +are given as security, the Court may substitute the security in accordance with the +provisions of this Decree -Law. +2. Each stakeholder may submit to the Court an application for non -enforcement of any +disposal made in violation of the pro visions of Clause (1) of this Article, within three (3) +years from the issuance date of the Court's decision or from the date of ratifying the +scheme of composition, whichever is later. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (54) +The trustee shall, within seven (7) working days from the date of ratifying the scheme of +composition, record the Court's decision ratifying the scheme of composition in the +commercial or professional register, as the case may be, and publish the same in t wo local +widely circulated daily newspapers , one published in Arabic and the other in English, +provided that it contains a summary of the most important condition of the composition, the +debtor's name, place of residence, and Registration No. in the comme rcial or professional +register, as the case may be, and the date of the decision ratifying the scheme of +composition. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (55) +1. The t rustee shall supervise the scheme of composition throughout its implementation +period. +2. The trustee shall be obligated to: +A. monitor the progress of the scheme of composition and inform the Court of any +failure to implement the same; +B. submit to the Court a report on the progress of the implementation of the scheme of + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 31 + composition every three months. Each creditor may obtain a copy of the report. +3. If the trustee deems it is necessary to make any amendments to the scheme of +composition during it s implementation and such amendments cause changes in the +rights or obligations of any party thereto, he shall request the Court to approve such +amendments. The Court shall, prior to deciding on the request, notify all the parties +taking part in voting on the scheme and the creditors whom it deems necessary to be +notified, within five (5) working days from the date of the request of the trustee, in order +to submit any observations about the required amendments within ten (10) working +days from the date of n otification. The Court may issue its decision approving the +amendment in whole or in part or rejecting it. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (56) +Once all the obligations stipulated in the scheme of composition are fulfilled, the Court shall, +at the request of the trustee, the debtor or any stakeholder, issue a decision completing the +implementation of the scheme of composition. Such decision shall be published in two local +widely circulated daily newspapers, one published in Arabic and the other in English. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (57) +In the event of the debtor's demise after issuing the decision initiating the proceedings, his +heirs or their representatives sha ll replace the debtor in respect of completing the +composition proceedings. + +Chapter Eleven +Nullity and Annulment +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (58) +If an investigation is initiated against the debtor with regard to any of the crimes set forth in +Part VI of this Decree -Law, or a criminal action is instituted against the debtor with regard to +such crimes, after the ratification of the scheme of composit ion, the Court, which has ratified + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 32 + the scheme of composition, may decide, at the request of any stakeholder, take the +measures it deems necessary to seize the debtor's assets. Such measures shall be canceled if +it is decided to close the investigation or i f a judgment of acquittal of the debtor is entered. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (59) +1. Every stakeholder may submit a request for nullifying the composition proceedings +within six (6) months from the date of initiating the investigation provided for in Article +(58) of th is Decree -Law; otherwise the request shall be unacceptable. In any case, the +request for nullifying the composition proceedings shall not be acceptable if submitted +after the lapse of two years from the issuance date of the decision ratifying the scheme of +composition. +2. The composition proceedings shall be nullified if a judgment of conviction of any of the +crimes set forth in Part VI of this Decree -Law is delivered against the debtor, after the +ratification of the scheme of composition, unless the Cour t decides otherwise to protect +the interests of the creditors. +3. Nullity of the composition proceedings shall result in discharging the surety acting in +good faith, who guarantees the implementation of all or some of the conditions of the +scheme of composition. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (60) +1. Any creditor may request the Court rati fying the scheme of composition to annul the +scheme of composition if the debtor fails to fulfill the conditions of the scheme of +composition or if the debtor dies and it becomes clear that it is impossible to implement +the same for any reason. +2. Annulm ent of the scheme of composition shall not result in discharging the surety, who +guarantees the implementation of its conditions and he shall be summoned to attend +the hearing at which the request for annulment is heard. + + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 33 + " +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (61) +The Court may includ e in its judgment of nullity of the composition proceedings or +annulment of the scheme of composition, an order of sealing the debtor's assets, except for +the assets that may not be attached by law and the living expenses prescribed for the debtor +and his dependents. The Court shall charge the trustee, within five (5) working days from +the date of the nullity or annulment judgment, with publishing a summary of the judgment +in two local widely circulated daily newspapers, one published in Arabic and the othe r in +English, and the trustee shall conduct a supplemental inventory of the debtor's assets. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (62) +Dispositions of the debtor after the issuance of the decision ratifying the scheme of +composition and before the nullity of the proceedings or the annulment of the scheme of +composition shall be effective against the creditors, and they may request to rescind the +same only in accordance with the rules stipul ated in the Civil Transactions Law in respect of +the Paulian Action. Such action shall not be heard after the lapse of two years from the date +of nullity of the composition proceedings or annulment of the scheme of composition. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (63) +The nullity o f the composition proceedings or the annulment of the scheme of composition +shall not require the bona fide creditors to refund the amounts received before the nullity or +annulment judgment and such amounts shall be deducted from the value of their debts. + +Chapter Twelve +Adjudicating to Terminate the Composition Proceedings and Convert the +Proceedings into a Declaration of the Debtor's Bankruptcy and Liquidation +of His Assets +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (64) +The Court shall deliver a judgment terminating the composition proce edings, declaring the + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 34 + debtor's bankruptcy and liquidating his assets, in accordance with the provisions of Chapter +XII of Part IV of this Decree -Law if it is ruled to nullify the composition proceedings or annul +the scheme of composition in accordance with the provisions of this Chapter. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (65) +The Court may decide, at its option or at the request of any stakeholder, to terminate the +composition proceedings and convert the composition proceedings into the proceedings of +declaration of the debtor's b ankruptcy in accordance with the provisions of Part IV of this +Decree -Law, in the following cases: +1. If it is proven that the debtor has ceased to pay due debts for a period of more than (30) +consecutive working days due to the instability of the debtor 's financial position, or in +case of a debit estate at the date of initiating the composition proceedings or if the Court +discovers the same during the implementation of the scheme of composition. +2. If it is impossible to apply the scheme of composition and the termination of the +composition proceedings leads to the cessation of payment for a period of more than +(30) consecutive working days due to the instability of the debtor's financial position, or +due to a debit estate. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (66) +If the Court decides to terminate the composition proceedings and declare the debtor's +bankruptcy and liquidation of his assets in accordance with the provisions of article (64) of +this Decree -Law, or to convert the composition proceedings in accordance wi th the +provisions of article (65) of this Decree -Law, this shall lead to the following: +1. Termination of the appointment of the composition trustee, unless the Court decides to +appoint him as the trustee of bankruptcy and liquidation of assets in accord ance with +Articles (82) and (126) of this Decree -Law. +2. The Court which has decided to terminate the composition proceedings in accordance +with Articles (64) and (65) of this Decree -Law shall continue to hear the proceedings of +bankruptcy and liquidatio n of the debtor's assets. + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 35 + Part Four +Bankruptcy +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (67) +The proceedings set out in this Part shall regulate the following: +1. Restructuring of the debtor, if possible, by assisting the same to implement a scheme of +restructuring his business. +2. Declaration of bankruptcy of the debtor and fair liquidation of his assets to fulfill his +obligations. + +Chapter One +Submitting Applic ations for Initiating Bankruptcy Proceedings +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (68) +1. The debtor shall submit to the Court an application for initiating the proceedings in +accordance with the provisions of this Part if he ceases to pay due debts when due for a +period of more th an (30) consecutive working days due to the instability of the debtor's +financial position, or in case of a debit estate. +2. If the debtor is subject to a competent regulatory authority, the debtor shall notify such +authority in writing of his intention to submit the application referred to in Clause (1) of +this Article, fifteen (15) working days prior to the date of the application, and the +competent regulatory authority may provide any related documents or pleas to the +Court. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (69) +1- Any creditor, or a body of creditors holding a debt in an amount of not less than one +hundred thousand UAE dirhams (AED 100,000) may apply to the Court to commence the +procedures pursuant to this Chapter if the creditor has previously given the Debtor a notice +in writing demanding the repayment of the due debt and the Debtor failed to pay the same +within (30) thirty successive Business Days from the date of such notice. + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 36 + 2- The creditor with secured debt may submit an application in accordance with Paragr aph +(1) of this Article if the claimed amount is a part of the difference of the secured debt due +and the security value does not cover the entire value of the secured debt when conducting +the procedures. +3- The Cabinet may, upon the recommendation of the Minister, issue a decision amending +the amount of the debt threshold referred to in Paragraph (1) of this Article. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (70) +If any of the creditors abandons his application due to receiving a due payment before +initiating the proceedings, the debtor shall not be deemed to have ceased to make payments +in respect of such due payment. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (71) +If the debtor is subject to a competent regulatory authority, the application may be +submitted to the Court, in accordance with the provisions of this Part, by such authority, +provided that it submits a proof of the debtor's debit estate. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (72) +The Public Prosecution may, as required by the public interest, apply to the Court for +initiating the proceedings in accordance with the provisions of this Par t, provided that it +submits a proof of the debtor's debit estate. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (73) +1- The application shall be submitted by the Debtor or the Competent Supervisory Authority +to the Court, and introducing reasons for such application. +2- The debtor may determ ine whether the application is for restructuring purposes or for +bankruptcy and liquidation, and shall mention relevant grounds in the application. +3- The application shall be accompanied by the following documents: + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 37 + +a. A memorandum including a brief des cription of the Debtor's economic and financial +position and information about the Debtor's Assets, in addition to a detailed account of +the Debtor's employees. +b. A certified copy of the commercial, industrial or professional license of the Debtor and +the Debtor's commercial register issued by the competent authority in the Emirate. +c. A copy of the accounting books or financial statements relating to the Debtor's Business +for the year preceding the application. +d. A report including the following: +a. The Debtor's cash flow and profit and loss projections for the twelve months +following the filing of the application. +b. A list of the names of the known credit ors and debtors with their addresses, the +amounts of their respective entitlements or debts and the securities provided, if any. +c. A detailed statement of the Debtor's movable and immovable Assets, and the +estimated value of each asset as at the date of filing the application, and a statement +of any securities or rights of third parties over the Assets. +e. The Debtor's nomination of a trustee to undertake the procedures pursuant to the +provisions of this Decree -Law. +f. Where the applicant is a corporate entity, the application shall be accompanied by a +copy of the resolution of the company's competent body authorizing the applicant to file +the procedures comm encement application and copies of the incorporation documents +of the company and any amendments thereto, as filed with the competent authority in +the Emirate. +g. Any other documents supporting the filing of the application. +h. A report issued by the c ompetent Credit Information Authority in the State. +4- If the applicant fails to submit any of the data or documents required pursuant to the +provisions of Paragraph (3) of this Article, the applicant shall specify the reasons of the same +in its applicatio n. +5- If the Court is satisfied that the documents submitted are not sufficient to decide on the + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 38 + application, it may grant the applicant an extension to provide the Court with any additional +details or documents in support of its application. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (74) +1. The application submitted to the Court by the creditor shall be accompanied by the +following documents: +a. A copy of the notice referred to in Paragraph (1) of article (69) of this Decree -Law. +b. Any data relating to the debt, including the amount of the debt and any available +security. +c. The Debtor's nomination of a trustee, to be appointed to undertake the procedures +pursuant to the provisions of this Decree -Law. +2. The creditor may determin e whether the application is for restructuring purposes or for +bankruptcy and liquidation, and shall mention relevant grounds in the application. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (75) +1. If the debtor is a company, the application may be submitted even if the company is +under liquidation or a judgment of annulment is delivered against it and the company +continues its business de facto. +2. Submitting the application for initiating the pro ceedings in accordance with Paragraph +(1) of this Article shall cause the suspension of the decision on every application whose +subject matter is the company's liquidation or placing it under receivership. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (76) +With the exception of applications submitted by the Public Prosecution, the applicant shall +file with the Court's treasury, a sum of money or a bank guarantee of no more than (AED +20,000) twenty thousand Dirhams in the manner and at the date specified by the Court to +cover the expenses of t he initial proceedings to decide on the application. However, the +Court may postpone the deposit of the sum or guarantee referred to above if the debtor + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 39 + filling the application does not have the necessary liquidity to deposit the same at the date of +submit ting the application. + +Chapter Two +Deciding on Applications +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (77) +1. The Court may decide to appoint one of the experts enrolled in the Roster of Experts or +any expert other than those enrolled therein if the Court fails to find the person havi ng +the required experience so as to assist it in evaluating the debtor's status. The Court shall +determine, in the same decision, the duties and fees of such expert and the period during +which he shall submit the report, provided that it is not more than t en (10) working days +from the date of the appointment decision. +2. The appointed expert shall prepare, within the period specified by the Court, a report on +the debtor's financial position, including his opinion on the possibility of restructuring of +the debtor and whether or not the debtor's assets are sufficient to cover the restructuring +costs. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (78) +1. The Court shall decide o n the application, without litigation procedures, within a period +not exceeding five (5) Business Days from the date the application is filed fulfilling all +requirements or from the date the expert's report is filed, as the case may be. +2. If the Court f inds that the conditions required under this Chapter for the commencement +of the bankruptcy procedures are met, the Court shall accept the application and order +the commencement of the procedures. +3. The Court may indicate in its decision that it has app roved the possible debt +restructuring the debtor and commence the reconstructing plan based on the documents +submitted by the debtor, Supervisory Authority and creditor in the application in +accordance with Paragraph (2) of article (73) and Paragraph (2) o f article (74) of this + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 40 + Decree -Law. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (79) +The Court shall dismiss the application where the documents and details required in Articles +(73) and (74) of this Decree -Law are not furnished, or if the same are incompletely +submitted without an acceptab le reason, unless the Court decides to accept the application +at its discretion in accordance with the conditions considered proper by it and subject to the +interests of both the debtor and creditors. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (80) +1. The Court may summon any person who possesses information related to the +application and such person shall be obligated to provide the Court with any required +information. +2. The Court may issue a decision joining any natural or legal person in the proce edings set +forth in this Part in accordance with the conditions providing adequate and sufficient +protection to creditors if there is overlap between the assets of such person and the +debtor's assets and it is difficult to be divided, or if the Court finds that it is not practical +or cost -effective to initiate separate proceedings with respect to such persons. +3. The Court's decision on the joinder may be appealed before the competent Court of +Appeal. The appeal shall not cause the suspension of proceedin gs, and the decision on +the appeal shall be final. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (81) +1. The Court hearing the application may decide, at the request of any stakeholder or on its +own initiative, to take the necessary measures to preserve or administer the debtor's +assets, i ncluding sealing the premises of the debtor's business until deciding on the +application. +2. The Court may decide to proceed with any measures of this kind or decide to take any + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 41 + additional precautionary measures. + +Chapter Three +Appointment of Trustees and Controllers +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (82) +1. If the Court decides to accept the application submitted pursuant to the provisions of this +Chapter, it shall appoint a trustee from among the experts nominated pursuant to +Paragraph (1/E) of Articl e (73) or Paragraph (1/C) of article (74) of this Decree -Law, a +natural or juridical person registered in the Experts’ Panel, or another expert, if the Court +does not find an expert with the required expertise. +2. The Court may, sua sponte or upon the re quest of the Debtor, any Creditor or Supervisor, +appoint more than one trustee, provided that the number of the trustees appointed at +the same time shall not exceed three (3). +3. If more than one trustee is appointed, they shall jointly perform their dut ies and take +decisions by majority vote. In the event of a tie, the matter shall be referred to the Court +for weighting. The Court may distribute the tasks among the appointed trustees and +determine the way they work, whether jointly or severally. +4. If the Court appoints a legal person as a trustee, it shall designate one or more +representatives to assume the functions of the trustee, provided that such representative +is enrolled in the Roster of Experts in accordance with the provisions of this Decree -Law. +5. The Court may decide to continue the appointment of the trustee of composition to +assume the mission of the trustee in accordance with the provisions of this Part and it +may appoint other trustees or dismiss any of them in accordance with the provisions of +this Part. +6. The Court shall notify the trustee of his appointment decision no later than the working +day following the issuance date of the decision. +7. The debtor or any creditor may file a complaint against the Court's decision on the +trustee appo intment within five (5) working days from the date of publication, which is + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 42 + in conformity with the provisions of article (88) of this Decree -Law, with the same +competent Court, which shall adjudicate on the complaint within five (5) working days +without pl eading. Its decision shall be final in this regard, and the complaint shall not +suspend any of the proceedings set forth in this Part. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (83) +The trustee appointed in accordance with the provisions of this Part may submit to the Court +any request that would assist him in carrying out his duties as required, including for +example, a request for appointment and assignment of one or more experts fr om the Roster +of Experts to assist him in any of the competences entrusted thereto. The Court may appoint +an expert not enrolled in the Roster of Experts, when the need arises, and the Court shall +determine the mission and fees of the expert, upon the reco mmendation of the trustee. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (84) +Trustees or experts may not be appointed from the following persons: +1. The debtor's creditor; +2. The debtor's spouse or brother -in-law or one of his relatives to the fourth degree; +3. Any person against whom a final judgment of conviction of a felony or misdemeanor of +theft, embezzlement, fraud in commercial transactions, malversation, forgery or fa lse +testimony, any of the crimes set forth in this Decree -Law, bribery or any misdemeanor +harming the national economy has been entered, even if rehabilitated. +4. Any person who has been a partner, employee, auditor or agent of the debtor during the +two years preceding the initiation of the proceedings. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (85) +1. Any trustee and any expert to be appointed in accordance with the provisions of this Part +shall receive his fees in return for the tasks carried out by him and receive the required +expe nses incurred by him from the debtor's assets known by the Court. A payment may + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 43 + be made, under a decision of the Court, on account of such fees and expenses. +2. If the debtor has no known assets or such assets are not sufficient to cover the fees and +expenses, the trustee or the expert may apply to the President of the Court for receiving +his dues from the Court's treasury. In case of payment of any dues from the Court's +treasury, the amounts paid shall be recovered, by taking priority over debts of all +creditors, from the first amounts to be added to the debtor's assets. +3. Each stakeholder may file a complaint with the Court about the estimation of the fees +and expenses of the trustee or the expert appointed in accordance with the provisions of +this Part and filing such complaint shall not cause the suspension of the proceedings. +The Court shall adjudicate on the complaint within five (5) working days from the f iling +date thereof and its decision shall be final in this regard. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (86) +1. The Court may, at any time, substitute the trustee appointed in accordance with the +provisions of this Part or any expert or appoint further trustees or experts as requi red. +Further, the debtor shall be entitled to request the Court to substitute the trustee or the +expert if it is proved that the continuation of his appointment could damage the interests +of the creditors. Such request shall not cause the suspension of the proceedings. Any +substitute trustee or expert shall be appointed in the same manner of the appointment +of the original trustee or expert in accordance with the provisions of this Decree -Law, +and the original trustee shall cooperate to the extent necessary to enable the substitute +trustee to assume his duties. +2. The trustee may request the Court to relieve him of his duties, and the Court may accept +the same and appoint a substitute for him. The Court may determine fees for the trustee +whose request has been accepted in return for services provided thereby. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (87) +The Court shall appoint controllers and the provisions contained in Part III of this Decree - +Law shall apply to their appointment and determination of their fees. + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 44 + Chapter Four +Preparation of the List of Creditors +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (88) +1. The Court shall notify the trustee of his appointment decision no later than the day +following the issuance date of the decision. It shall provide the trustee, when appointed, +with all the information available about the debtor. +2. The trustee shall, wit hin five (5) working days from the date of notifying him of the +appointment decision: +A. publish a summary of the decision initiating the proceedings in two local widely +circulated daily newspapers , one published in Arabic and the other in English, +prov ided that the publication includes calling the creditors to file their claims and +supporting documents and to deliver the same to him within no more than twenty +(20) working days from the date of publishing. +B. Notify all the creditors whose addresses ar e known to provide him with the claims +and documents within twenty (20) working days from the date of publishing the +summary of the decision initiating the proceedings. +3. The debtor shall provide the trustee, within the time limit specified by the trustee, with +any additional details of which he has not informed the Court, whether in respect of his +creditors or the debt amounts and the details of any contracts under implementation +and any pending or o ngoing legal proceedings to which the debtor is a party. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (89) +1. The trustee shall prepare a register in which all the creditors of the Debtor known to the +trustee shall be entered, and the trustee shall submit an updated copy of the register's +entries to the Court. +2. The trustee shall enter the following information on the register: +a. The address of every creditor, the amount of each creditor's claim and the due date +thereof. + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 45 + b. The identification of the creditors who hold secured debts and the Creditors having +preferential debts, with the details of the securities allocated for each of them and the +estimated amount of such securities in case of Enforcement. +c. Any set -off appli cation submitted pursuant to the provisions of Section Five of +Chapter Five of this Decree -Law. +d. Any other details that may be considered necessary by the trustee for the +performance of its duties. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (90) +1. The trustee may request any data or information relevant to the debtor's assets or +business from any person who may have such information. +2. Whoever has information about the debtor's assets or business shall be obligated to give +the trustee the necessary information requested thereby within reasonable limits, +including any documents and books of accounts related to the debtor. The trustee shal l +maintain the confidentiality of any information related to the debtor if the disclosure +thereof affects the value of the debtor's assets, and shall refrain from any disclosure +outside the framework of the restructuring proceedings. +3. In case that such person refuses to cooperate with the trustee and provide him with the +required information, the trustee may refer the matter to the Court to determine the +amount of information that may be requested and order to be provided to the trustee. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (91) +1. All creditors, even those who hold debts not yet due, secured debts, preferential debts or +debts established by final judgments, shall deliver to the trustee, within the timeframe +specified in the call for meeting issued pursuant to the provisions Art icle (88) of this +Decree -Law, the supporting documents of their debts together with the statement on +their debts, securities, due dates and the amounts denominated in the National Currency +on the basis of the Exchange Rate prevailing at the date of the dec ision. +2. The trustee may request the creditor who has filed his claims to provide explanatory + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 46 + notes of the debt claim or supplementary documents or to specify the amount or nature +thereof. Further, the trustee may require the ratification of any claims by the creditor's +accountant or auditor. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (92) +The creditor who receives an advance payment, on account of his claim, from the debtor's +sureties shall deduct the received amount from any claim to be submitted to the trustee. Any +debtor's surety may submit his claims to the trustee within the limits of the amount paid for +the debtor's debt. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (93) +1. The trustee shall, after the expiry of the time limit set out in article (88) of this Decree - +Law, provide a list of the creditors who have filed their claims, a statement of the amount +of each debt separately, the supporting documents and its securities, if any, his opinion +on accepting, modifying or rejecting the same, and his proposals on the payment +method, if possible. The trustee shall deposit such list with the Court within ten (10) +working da ys from the expiry date of the time limit specified for the creditors to file their +claims. This time limit may, if necessary, be extended once for a similar period under a +decision of the Court. +2. The trustee shall, within three (3) working days follow ing the deposit, publish the debt +list and the statement of the accepted amounts of each debt in two local widely +circulated daily newspapers, one published in Arabic and the other in English. +3. Debts owed to the government for taxes or fees of differen t types shall be deemed +accepted debts without the need to the audit by the trustee. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (94) +1. The debtor and each creditor, whether or not named in the debt list, may file a complaint +with the Court about the claims contained in the list within seven (7) working days from + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 47 + the date of publishing the list in the newspapers. +2. The Court shall decid e on the complaint filed pursuant to the provisions of Clause (1) of +this Article within ten (10) working days from the filing date. +3. The Court's decision may be appealed before the competent Court of Appeal. The appeal +shall not cause the suspension of the proceedings, and the decision on the appeal shall +be final. +4. The Court may, before adjudicating the complaint, decide to accept the debt temporarily +in an amount to be estimated thereby and shall notify the trustee thereof. +5. The debt shall not be temporarily accepted if a criminal action is instituted. +6. If the complaint is related to the debt securities, it shall be tempora rily accepted as an +ordinary debt. +7. The share of the debt accepted temporarily shall be retained from the sale proceeds of +the debtor's assets and upon any distribution to creditors in accordance with the +provisions of this Decree -Law. If the Court decides not to recognize the debt accepted +temporari ly or it is reduced, the retained share shall be returned, as per its ratio to the +general security, to the creditors. +8. The Court shall approve a list of names of the creditors whose debts are accepted, +whether finally or temporarily + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (95) +The creditor who has failed to provide his debt documents within the time limit set out in +article (88) of this Decree -Law may submit the same to the trustee to accept the debt's +supporting documents and take part in the proceedings, for acceptable reasons. T he +approval granted by the trustee in this regard shall be approved by the Court. In case of the +trustee's rejection or failure to respond within three (3) working days from the date of the +request, the creditor may submit a request to the Court for accept ing the submission of the +debt's supporting documents and the Court shall consider the request as soon as possible +after consultation with the trustee, and issue its decision within (7) seven working days from +the date of the request. If the Court orders t o accept the debt, it may charge the trustee with + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 48 + submitting a report on the impact of the new debt on the draft scheme, and refer the +findings to the Court for approval. In all cases, the proceedings set forth in this Clause shall +not suspend the proceedi ngs of restructuring, declaration of bankruptcy and liquidation of +assets, as the case may be. + +Chapter Five +Report of the Trustee +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (96) +The trustee shall prepare a report on the debtor's business and submit a copy thereof to the +Court within the period it specifies, in accordance with the following: +1. His opinion on the possibility of restructuring the debtor's business and whether it is +required to submit a scheme of restructuring to the creditors of the debtor, in this case +the report shall b e accompanied with a statement indicating the debtor's readiness to +continue his business. +2. His opinion on the possibility of selling the debtor's business in whole or in part as an +""existing and practiced activity"" in the case of bankruptcy and liquidation of the debtor's +assets. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (97) +1. The Court shall review the report of the trust ee within ten (10) working days from the +date of submitting it to ensure that the report covers all claims. +2. The period set out in Clause (1) of this Article shall be interrupted if the Court requests +the trustee, during such period, to make any necess ary amendments to the report and +the trustee makes such amendments within a period of no more than ten (10) working +days from the date of being notified of the Court's request, to be renewal for a similar +period once, under the Court's decision. +3. The trustee shall provide the creditors whose debts are finally or temporarily accepted +with a copy of the report within three (3) working days from the expiration date of the + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 49 + period stipulated in Clause (2) of this Article, in order to submit their observ ations about +the report. + +Chapter Six +Deciding on the Report + " +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (98) +1. The Court shall order the trustee to call the debtor, the creditors whose debts are finally +or temporarily accepted and any controller appointed to attend one or more meetings to +consider the report within (10) ten working days following the period set for th in Clause +(3) of article (97) of this Decree -Law. +2. Calling for the meeting shall be by publishing the call notice in two widely circulated +local daily newspapers, one published in Arabic and the other in English. In addition, the +Court may order the trustee to send the notice of the meeting by all possible means of +communication. +3. The Court shall decide: +a. Either to Proceed with the restructuring procedures and instruct the trustee to +prepare a plan for the restructuring of the Debtor's Busin ess pursuant to Section +Seven of this Chapter; or +b. To dismiss the application submitted pursuant to this Chapter. In this case, the Court +shall issue a judgment declaring Bankruptcy and the liquidation of the assets of the +Debtor pursuant to the provisions of Section Twelve of this Chapter.b. +4. The Cour t shall not decide to prepare a Restructuring Plan for the Debtor's Business, +unless the Debtor expresses its capability and ability to continue the business and it +appears to the Court, based on the documents and details available and upon hearing +the Tru stee's statement, that it is possible for the Debtor's business to be profitable again +within a reasonable period of time appropriate to the volume and nature of the Debtor's +Business and the amount of the Debtor's indebtedness. +5. The trustee shall publ ish the Court's decision initiating the proceedings, within five (5) + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 50 + working days from the date of its issuance, in two local widely circulated daily +newspapers, one published in Arabic and the other in English. + +Chapter Seven +Initiating the Restructuring Proceedings +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (99) +If the Court issues a decision initiating the restructuring proceedings, the appointed trustee +shall perform his duties and shall begin to prepare and develop the scheme, with the +assistance of the debtor, within a period not exce eding three (3) months from the date of the +decision, and the Court may extend this period at the request of the trustee once or for +several times, provided that such periods do not exceed, in the aggregate, three (3) +additional months. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (100) +The trustee shall notify the Court, on a regular basis, every twenty one (21) working days at +most, of the progress of preparing the draft scheme of restructuring. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (101) +1. The trustee shall deposit a copy of the draft scheme of restructuring with the Court, +accompanied with a summary of the scheme of restructuring, which indicates the +probability of accepting the draft scheme by the creditors, and whether it is feasible to +call them for a meeting to study the draft scheme. +2. The draft scheme of restructuring shall indicate the following: +A. To what extent the debtor's business might re -achieve profits; +B. The debtor's activities to be suspended or terminated; +C. Term s and conditions of the settlement of any obligations; +D. Any performance bonds to be provided by the debtor, if any; +E. Any offer for buying all or part of the debtor's assets, if any; + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 51 + F. Grace periods and payment discounts; +G. The possibility of converting the debt into shares in the capital of any project; +H. The possibility of consolidating, creating, redeeming, selling, or substituting any +securities if it is necessary to implement the draft scheme; +I. Proposing a period or periods for repaying the whole debt. +3. The trustee may include in the draft scheme of restructuring any other matters deemed +useful in the implementation of the scheme. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (102) +The scheme of restructuring shall include a timetable for its implementation, which shall not +exceed five (5) years from t he date of the scheme ratification by the Court, and it may be +extended for a further period of no more than three years with the consent of the majority of +creditors who hold two -thirds of the debts unpaid in accordance with the scheme and any +amendments thereto. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (103) +1. The Court shall, within ten (10) working days from the submission date of the draft +scheme of restructuring, review the draft scheme to ensure that it is in the interest of all +parties. The Court may request, during such perio d, the trustee to make any necessary +amendments to the draft scheme and return the same to the Court within no more than +five (5) working days from the notification date of the Court's decision, and such period +shall be renewable for a similar period. +2. The Court shall, within five (5) working days from the date of submission of the draft +scheme or the date of re -submission thereof, as the case may be, request the trustee to +call the creditors, within five (5) working days, for a meeting to discuss the d raft scheme +of restructuring and vote thereon, and the trustee shall provide the creditors whose +debts are accepted with a copy of the draft scheme of restructuring. +3. The call for the meeting referred to in Paragraph (2) of this Article shall be publis hed in +two widely distributed local daily newspapers, one of which is published in Arabic and + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 52 + the other in English. The call for meeting shall specify the place, date and time of the +meeting. In addition, the Court may instruct the trustee to send the call for the meeting +by all available methods of communication, including the notification by electronic +means. +4. The meeting shall be held not less than three (3) and not more than fifteen (15) Business +Days from the date of the publication of the call for meeting, as the Court may consider +appropriate and proper in the interest of the Restructuring Procedure. The el ectronic +means may be used to organize the meeting and discuss the plan or vote thereon, so that +any of the creditors may easily communicate as appropriate to the procedures based on +the trustee's recommendation. +5. The Court may request the trustee to c all the creditors for other meetings during the +same proceedings set forth in this Article, taking into account the number of the known +creditors and any other circumstances of importance to the holding of the meeting. +6. If the debtor is subject to a co mpetent regulatory authority, the Court shall call such +authority to attend the meetings. + +Chapter Eight +Creditor Committees + " +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (104) +1. The Court may, based on the request of a group of creditors or sua sponte after +consulting the Trustee, issue a decision to establish one or more committees of creditors +of different categories, one or more committees of creditors holding secured debts and +one or more committees of creditors holding preferential debts. The Court may also form +one or more committees of holders of bonds or Sukuk for the purposes of discussing the +plan and proposing, if necessary, any amendments to it at the meetings organized +pursuant to article (103) of this Decree -Law. +2. Each committee may select a representative from among the creditors or their legal and +financial consultants, and specify the matters delegated to such representative pursuant + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 53 + to this Decree -Law, including authorizing him on behalf of the creditors in this +committee to vote on the reconstructing plan. +3. The representative of each committee shall be notified of all correspondence related to +the meeting, minutes and proceedings and such representative shall be responsible for +notifying the creditors repres ented by the committee. +4. The Court may, based on the proposal of the trustee, restrict the selected representative's +powers or relieve him of his duties if it finds that the powers granted to him are broad +and harmful to the interests of all the credit ors or the creditors represented by the +committee. +5. The Court may re -form any of the committees referred to in Clause (1) of this Article, if +deemed necessary. +6. The committees formed under the provisions of this Article shall be equally treated. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (105) +1. The trustee and the debtor shall provide an explanation of the items of the scheme of +restructuring during the meetings held to discuss the scheme. +2. Any creditor may, at the meetings held to vote on the draft scheme of restructuring, +make any amendments thereto, and the committee before which the amendment is +proposed and any other committee affected by the proposed amendment shall express +the opinion thereof on such amendments. +3. The Court may call the creditors who might be affec ted by the proposed amendments for +further meetings to consider the proposed amendments, and it may decide to approve or +reject any of the proposed amendments in preparation for ratifying the draft scheme of +restructuring in accordance with the provisions of Chapter IX of this Part. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (106) +1. The right to vote on the draft Restructuring Plan shall be limited to the ordinary creditors +and preferential debts creditors whose debts are finally accepted. +2. The Court may authorize the secured credit ors to vote on the Restructuring Plan based + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 54 + on the value of their secured debts without impacting the security right if the plan affects +its secured rights. The secured creditors shall not vote in situations other than the +abovementioned one, unless they w aive those securities in advance. Such waiver shall +be recorded in the minutes of the meeting and if the Restructuring Plan is rejected, the +waived security shall be reinstated. +3. Notwithstanding the provisions of Paragraph (1) of this Article, the Court may, upon the +recommendation of the trustee, permit the creditors whose debts are provisionally +accepted to vote on the draft Restructuring Plan. The Court shall specify in its deci sion +the terms and limits of such permission. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (107) +1. The draft Restructuring Plan shall be approved by a majority vote of the creditors whose +debts are finally accepted or those whose debts provisionally accepted and permitted to +vote, provid ed that such majority holds in the aggregate at least two thirds of the +accepted value of the total debts. +2. If one of the two majorities referred to in Clause (1) of this Article is not achieved, the +meeting shall be postponed for seven (7) working day s. +3. If one of the two majorities is not achieved after the extension in accordance with Clause +(2) of this Article, it shall be deemed a rejection of the scheme of restructuring. +4. The creditors who have attended the first meeting or been represented therein, and +voted for approving the scheme of restructuring may be absent from the second +meeting. In such case, their approval of the scheme of restructuring at the first meeting +shall remain valid and effective and their votes shall be counted in the quorum at the +second meeting unless they attend the second meeting and change their previous votes +or there is a change made to the scheme of restructuring. +5. Minutes of the meeting hel d to vote on the draft scheme of restructuring shall be written +and signed by the restructuring trustee, the debtor and the present creditors permitted to +vote. If one of them refuses to sign the same, his name and the reason for refusal shall be +mentioned in the minutes. + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 55 + 6. All the creditors who participate in voting on the draft scheme of restructuring shall +inform the trustee of their elected addresses for receiving notices, including the +addresses to which notices by electronic means are sent. Giving notice using such means +shall be effective in respect of all subsequent proceedings. +7. Items of the scheme of restructuring shall apply to the creditors voting against the +scheme. + +Chapter Nine +Ratification of the Scheme of Restructuring +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (108) +1. The trustee shall, within three (3) working days from the date of the meeting at which +the required majority vote for approving the scheme of restructuring, submit the draft +scheme to the Cour t, so as to render its decision ratifying or rejecting the scheme of +restructuring. +2. Any creditor whose debt is accepted and who does not approve the scheme of +restructuring when voting thereon may object to the draft scheme submitted to the +Court with in three (3) working days from the expiry date of the time limit specified in +Clause (1) of this Article. The Court shall decide on the objection submitted within five +(5) working days from the date of submission of the objection and its decision in this +regard shall be final. +3. The Court shall summarily issue its decision ratifying the scheme of restructuring after +ensuring the fulfillment of all the conditions, and it may decide to accelerate the maturity +of the debts due to the creditor who accepts to reduce his debts, in the best interest of +the scheme of restructuring. The Court's decision shall be binding on all creditors at +meetings of the Creditor Committee or Committees. +4. The Court shall verify that the scheme guarantees that all the creditor s who are affected +by the scheme will receive at least what they would have received had the debtor's +assets been liquidated on the date of voting on the scheme, as per the Court's estimation + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 56 + of such assets. +5. The Restructuring Plan shall not affect the priority rights established for secured debts or +preferential debts as provided in this Decree -Law. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (109) +1. If the Court rejects to ratify the scheme of restructuring, it may return the scheme to the +trustee to amend the same within ten (10) working days from the date of rejection and +re-submit it thereto for ratification or may decide to initiate the proceeding s of the +deceleration of bankruptcy and liquidation of the debtor's assets in accordance with the +provisions of this Decree -Law. +2. The debtor or any of the creditors whose debts are finally accepted may file a complaint +with the Court about its decision r ejecting the ratification or the amendment of the +scheme of restructuring. The Court shall adjudicate on the complaint within ten (10) +working days from the date of filling the complaint and its decision shall be final. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (110 ) +1. The trustee shall ensure that the sale of any of the debtor's assets to be sold in +accordance with the scheme of restructuring shall be at the best price in light of the +prevailing market conditions at the selling date. The trustee shall deposit the sale +proceeds, which rep resent the value of the claims secured by the sold assets in the bank +account determined by the Court. +2. The trustee shall pay the creditors whose debts are secured by the assets sold in +accordance with Clause (1) of this Article, their debts when due fro m the sale proceeds +of such assets, as per their prioritization. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (111 ) +1. The trustee or the debtor may offer the creditors an alternative security to be equivalent +to the existing security. In case of non -acceptance of such offer, the Court may decide to + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 57 + substitute the security if it finds that the alternative security is not l ess than the value of +the existing security and does not constitute harm to the interests of the creditor to +whom the alternative security is offered. +2. The Court's decision may be appealed before the competent Court of Appeal within five +(5) working days from the issuance date of the Court's decision. The appeal shall not +cause the suspension of the proceedings, and the decision on the appeal shall be fin al. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (112 ) +1. If any of the Debtor's Assets is inevitably essential to the continuation of the Debtor's +Business, the Court may decide, either sua sponte or at the request of any Creditor or any +Interested Party, that such Assets be not disposed of without the approval of the +creditors, and the same shall be subject to the approval of the Court for a specified +period that shall not exceed the term of implementation of the Restructuring Plan. If +such Assets were the subject of a security, the Cour t may decide to replace the security in +accordance with the provisions of this Decree -Law. +2. Any Interested Party may apply to the Court seeking the nullification of any act that may +have been committed in violation of the provisions of Paragraph (1) of this Article, +within three (3) years from either the date of issuance of the Court's decision or the date +of ratification of the Restructuring Plan, whichever is later. + +Chapter Ten +Publishing and Implementation of the Ratified Scheme of Restructuring +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (113 ) +The trustee shall, within seven (7) working days from the date of ratifying the scheme of +restructuring, record the Court's decision ratifying the scheme of restructuring in the +commercial or professional register of the debtor, as the case may be, and publish the same +in two local widely circulated daily newspapers , one published in Arabic and the other in +English, provided that it contains a summary of the most important condition of the scheme + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 58 + of restructuring, the debtor's name, place of re sidence and Registration No. in the +commercial or professional register, as the case may be, and the date of the decision +ratifying the scheme of restructuring. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (114 ) +1. The trustee shall supervise the scheme of restructuring throughout its implementation +period. +2. The trustee shall: +a. Monitor the progress of the plan and report any default in its implementation to the +Court; +b. Submit a report to the Court on the progress of the implementation of the plan every +three (3) months, and provide every creditor with a copy of the report. +c. Cooperate with the creditors and provide them with the required details relating to +their own in terests, if available, in accordance with the provisions of this Decree - +Law. +3. If the trustee deems it is necessary to make any amendments to the scheme of +restructuring and such amendments cause changes in the rights or obligations of any +party thereto, he shall request the Court to approve such amendments. The Court shall, +prior to deciding on the request, notify all the parties taking part in voting on the scheme +and the creditors whom it deems necessary to be notified, within five (5) working days +from the date of the request of the trustee, in order to submit any observations about the +required amendments within ten (10) working days from the date of notification. The +Court may issue its decision approving the amendment in whole or in part or rejecting it. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (115 ) +Once all the obligations stipulated in the scheme of restructuring are fulfilled, the Court +shall, at the request of the trustee, the debtor or any stakeholder, issue its decision +completing the implementation of the scheme and the proc eedings of restructuring of the +debtor. Such decision shall be published in two local widely circulated daily newspapers, + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 59 + one published in Arabic and the other in English. + +Chapter Eleven +Nullity and Annulment +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (116 ) +If an investigation is initiate d against the debtor with regard to any of the crimes set forth in +Part VI of this Decree -Law, or a criminal action is instituted against the debtor with regard to +such crimes, after the ratification of the scheme of restructuring, the Court, which has +ratified the scheme of restructuring, may decide, at the request of any stakeholder, take the +measures it deems necessary to seize the debtor's assets. Such measures shall be canceled if +it is decided to close the investigation or if a judgment of acquittal o f the debtor is entered. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (117 ) +1. Every stakeholder may submit a request for nullifying the restructuring proceedings +within six (6) months from the date of initiating the investigation provided for in Article +(116) of this Decree -Law; otherwise the request shall be unacceptable. In any ca se, the +request for nullifying the restructuring proceedings shall not be acceptable if submitted +after the lapse of two years from the issuance date of the decision ratifying the scheme of +restructuring. +2. The restructuring proceedings shall be nullifi ed if a judgment of conviction of any of the +crimes set forth in Part VI of this Decree -Law is delivered against the debtor, after the +ratification of the scheme of restructuring, unless the Court decides otherwise to protect +the interests of the creditors . +3. Nullity of the restructuring proceedings shall result in discharging the surety acting in +good faith, who guarantees the implementation of all or some of the conditions of the +scheme of restructuring. + + + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 60 + " +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (118 ) +1. Any stakeholder may request the Court ratifying the scheme of restructuring to annul the +scheme if the debtor fails to fulfill the conditions thereof or if the debtor dies and it +becomes clear that it is impossible to implement the same for any reason. +2. Annulment of the scheme of restructuring shall not result in discharging the surety, who +guarantees the implementation of its conditions and he shall be summoned to attend +the hearing at which the request for annulment is heard. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (119 ) +The Court may include in its judgment of nullity of the restructuring proceedings or +annulment of the scheme of restructuring, an order of sealing the debtor's assets, except for +the assets that may not be attached by law and the living expenses prescribed for the debtor +and his dependents. The Court shall charge the trustee, within five (5) working days from +the date of the nullity or annulment judgment, with publishing a summary of the judgment +in two local widely circulated daily newspapers, one publishe d in Arabic and the other in +English, and the trustee shall conduct a supplemental inventory of the debtor's assets. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (120 ) +If the Court rules to nullify the restructuring proceedings or annul the scheme of +restructuring, the trustee shall call th e new creditors to provide their debt documents to be +admitted in accordance with the admission of debts procedures, and the debts already +accepted shall not be readmitted. The trustee shall exclude the debts which were fully +settled and reduce the debts w hich were partially settled by the part that has been settled. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (121 ) +Dispositions of the debtor after the issuance of the decision ratifying the scheme of +restructuring and before the nullity of the proceedings or the annulment of the scheme of +restructuring shall be effective against the creditors, and they may request to rescind the + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 61 + same only in accordance with the rules stipulated in the Civil Transactions Law in respect of +the Paulian Action. Such action shall not be heard after the lapse of t wo years from the date +of nullity of the proceedings or annulment of the scheme of restructuring. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (122 ) +The nullity of the proceedings or the annulment of the scheme of restructuring shall not +require the creditors to refund the amounts received before the nullity or annulment +judgment and such amounts shall be deducted from the value of their debts. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (123 ) +The Court may, at the request of any stakeholder, after hearing the opinion of the trustee, +rule to terminate the restructuring proce edings if the debtor dies during hearing such +proceedings, taking into account the interests of the creditors and the Court shall rule, in the +same judgment, to declare the bankruptcy of the deceased debtor and the liquidation of his +assets, subject to the provisions of article (150) of this Decree -Law. + +Chapter Twelve +Delivering a Judgment of Bankruptcy and Liquidation +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (124 ) +The Court shall deliver a judgment declaring the debtor's bankr uptcy and ordering the +liquidation of his assets in any of the following cases: +1. If the Court adjudges to terminate the composition proceedings in accordance with the +provisions of article (64) of this Decree -Law. +2. If the debtor is the applicant an d acts in bad faith or the application is intended for +procrastination or evasion of financial obligations. +3. If the restructuring proceedings are inappropriate for the debtor, based on the data and +documents submitted with the application, or due to th e impossibility of restructuring as +per the report prepared by the expert in accordance with the provisions of article (77) of + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 62 + this Decree -Law or the report of the trustee in accordance with article (96) hereof. +4. If one of the two majorities provided f or in article (107) of this Decree -Law is not +constituted. +5. If the Court decides to reject the scheme of restructuring in accordance with article (109) +of this Decree -Law. +6. If the Court renders a judgment nullifying the proceedings or annulling the scheme of +restructuring in accordance with the provisions of Articles (117) and (118) of this +Decree -Law. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (125 ) +The Court shall obligate the debtor who has been declared bankrupt to abstain from +participation in the management of any company or engaging in any commercial activity if +he breaches the obligation provided for in article (68) of this Decree -Law and if it is proved +that his act or omission leads to the declarati on of his bankruptcy and liquidation of his +assets, for a period not beyond the date of the debtor's rehabilitation in accordance with the +provisions of this Decree -Law. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (126 ) +If the Court rules to initiate the proceedings of declaration of the d ebtor's bankruptcy and +liquidation of his assets, it shall appoint, in its judgment, a trustee to assume conducting the +proceedings of declaration of the debtor's bankruptcy and liquidation of his assets, unless +the Court adjudges the continuation of the a ppointment of any trustee or any controller +appointed during the restructuring or composition proceedings. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (127 ) +The Court may reduce the time limits set forth in this Chapter in cases it deems appropriate. + + + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 63 + " +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (128 ) +The trustee shall, with in three (3) working days from the date of the judgment declaring the +debtor's bankruptcy and liquidation of his assets, publish the judgment in two local widely +circulated daily newspapers, one published in Arabic and the other in English. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (129 ) +1. The trustee shall request the creditors to file any final claims that have not been filed +before, provided that they are filed within ten (10) working days from the date of +publishing the judgment. Any claims received after such date shall be disregarded, +unless delay is for some reason acceptable to the Court. +2. Any claims rejected by the Court shall be disregarded in accordance with the provisions +of this Part. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (130 ) +The trustee shall carry out a final audit of the creditors' claims but shall not make or +complete such audit if he finds that the proceeds of the sale of the Debtor's Assets will be +entirely spent for legal fees or for payment of the secured debts. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (131 ) +The Court may permit the debtor, at the request of the trustee and under his supervision, to +practice some or all of his business in order to sell such business at the best possible price, +provided that the permission period is not more than six ( 6) months from the date of +granting permission, and it may be extended for a further period not exceeding two (2) +months, if the continuation of his business serves the interests of creditors or the public +interest. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (132 ) +1. The trustee shall u ndertake to liquidate all the debtor's assets, except for the assets + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 64 + which he may retain in accordance with the provisions of this Decree -Law. +2. If the debtor inherits or any assets devolve thereto for any reason during the bankruptcy +proceedings, he sh all disclose the same, and the trustee shall liquidate such assets. +3. The trustee shall sell the debtor's assets in a public auction under the Court's approval +and under its supervision and control. +4. The Court may authorize the trustee to sell some or all of the debtor's assets in a public +auction in accordance with the conditions determined by the Court. +5. The trustee shall use the liquidation proceeds of the debtor's assets to settle any claims +against the debtor under the supervision of the Court, and any surplus proceeds shall be +delivered to the debtor. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (133 ) +All correspondence of the debtor's business during the bankruptcy proceedings shall include +an indication that the debtor is subject to the proceedings of declaration of bankruptcy and +liquidation of assets. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (134 ) +1. The trustee shall not ify the Court and the debtor every month of the progress of the +proceedings of bankruptcy and liquidation. +2. The trustee shall notify the Court, the debtor and the controllers of the content of any +offers he receives for the sale of all or some of the debtor's business. The Court shall +decide promptly on any objection to the sale terms filed by any stakeholder, a nd the +Court's decision shall be final in this regard. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (135 ) +1. Upon issuance of a judgment declaring the bankruptcy of the Debtor and the liquidation +of the Debtor’s Assets, the time limits of all debts of the bankrupt Debtor, whether they +wer e ordinary debts, debts secured by a lien or preferential debts, shall lapse. + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 65 + 2. The Court may deduct from the deferred debt for which no interest is required an +amount equivalent to the legal interest for the period extending from the date of the +Court's judgment initiating the proceedings of declaration of bankruptcy and liquidation +of assets to the date of maturity. +3. If the claims are denominated in a foreign currency, their value shall be converted into +the national currency at the exchange rate prevailing at the date of the judgment +declaring the debtor's bankruptcy and liquida tion of his assets, unless otherwise agreed +upon. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (136 ) +1. The following persons may not, directly or through an agent, purchase or submit a +proposal for purchasing all or some of the debtor's assets offered for sale in accordance +with the provisions of article (131) of this Decree -Law: +A. The debtor; +B. The debtor's spouse or brother -in-law or one of his relatives to the fourth degree; +C. Any person who has been a partner, employee, accountant or agent of the debtor +during the two years preceding the date of the judgment initiating the proceedings of +declaration of the debtor's bank ruptcy and liquidation of his assets. +D. Any person who assumes or has assumed the role of the controller after initiating the +bankruptcy proceedings. +2. Notwithstanding the provisions of Clause (1) of this Article, the persons referred to in +Paragraphs (B), (C) and (D) of Clause (1) of this Ar ticle may purchase the debtor's assets +under the approval of the Court if it serves the interest of creditors. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (137 ) +1. Taking into account any claims filed before the Court, the trustee shall distribute the +liquidation proceeds, as per the ord er of priority, to the creditors in accordance with the +provisions of Chapter VI of Part V of this Decree -Law, after obtaining the approval of the +Court. + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 66 + 2. The trustee may distribute the liquidation proceeds after each sale or after the +accumulation of funds generated by the total sales. +3. The trustee shall, after each sale, submit a distribution list to the Court for approval. +4. The creditor shall receive his share of the proceeds in the place where the trustee +performs his mission, unless otherwise agreed upon between the trustee and the +creditor. +5. Portions of the debts which have not been finally accepted and those to which +objections are filed in accordance with the provisions of this Decree -Law shall be set +aside and deposited in the Court's treasury until they are finally decided on. +6. The secured creditor shall be paid the proceeds of the sale of the Assets securing th e +debt. If the value of the assets used as security is insufficient to pay the full amount of the +debt secured by mortgage or preference, the outstanding balance of the debt shall be +ranked as an ordinary debt. +7. The trustee shall deliver the debtor any surplus of the liquidation proceeds after fulfilling +all his liabilities. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (138 ) +1. After completion of the final distribution of the debtor's assets to the creditors, the Court +shall issue a decision closing all proceedings, which shall contain a list of creditors whose +debts are accepted, the amount thereof and the unpaid debt, and shal l order the trustee +to publish such decision in two local widely circulated daily newspapers, one published +in Arabic and the other in English. +2. The trustee shall return all the documents in his custody to the debtor after the +completion of the proceedings and his mission. +3. The proceedings of declaration of bankruptcy and liquidation of assets may be +terminated at the request of the debtor at a ny time if the reasons leading to the +declaration of the debtor's bankruptcy and liquidation of his assets disappear. +4. After closing the proceedings of declaration of the debtor's bankruptcy and liquidation of +his assets, each creditor whose debt is ac cepted and not fully paid shall be entitled to + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 67 + execute on the debtor's assets to obtain the outstanding debt. Acceptance of the debt +referred to in Clause (1) of this Article shall be deemed as a final judgment with respect +to such execution. + +Chapter Thirteen +Provisions of Corporate Bankruptcy +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (139 ) +The provisions of Articles contained in this Part in addition to the provisions of Articles (172) +and (173) of Part V of this Decree -Law shall apply to the Corporate Bankruptcy. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (140 ) +Once a judgment declaring bankruptcy is delivered, the company may not be liquidated +outside the framework of this Decree -Law or placed under receivership. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (141 ) +1. The company's creditor may petition for bankruptcy even if he is a partner. How ever, the +non -creditor partners may not, in their individual capacities, petition for the bankruptcy +of the company. +2. The Court may, on its own initiative, or at the request of the debtor company or the +competent regulatory authority, postpone declarin g the bankruptcy of such company for +a period not exceeding one year if its financial position is likely to be consolidated and +the interests of the national economy so require. In this case, the Court shall decide to +take the measures it deems appropriate to preserve the company's assets. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (142 ) +1. If the court adjudges to declare the company's bankruptcy and liquidation of its assets, +all the joint partners therein, including the joint partner who has been withdrawn from +the company after the c essation of payment, shall be declared bankrupt, provided that a + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 68 + period of no more than one year elapses after registration of his withdrawal from the +company in the commercial register. +2. The Court shall, by virtue of one judgment, declare the bankrupt cy of the joint partners, +even if it has no jurisdiction to declare the bankruptcy of such partners. +3. The Court shall appoint, in addition to the trust ee appointed in accordance with the +provisions of this Decree -Law for the company's bankruptcy proceedings, one or more +trustees for the bankruptcy of the joint partners therein. Their bankruptcy shall be +independent in terms of its administration, verific ation of its debts and the manner of its +termination. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (143 ) +If the court adjudges to declare the co mpany's bankruptcy, it may, on its own initiative or at +the request of any stakeholder, adjudge to declare the bankruptcy of each person who has +carried out commercial activities in its name and for his own account and has disposed of +the company's assets as if they were his own. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (144 ) +1. If the Court decided to declare the company's bankruptcy, and the company's assets are +not sufficient to cover at least (20%) twenty percent of its debts, the Court may order +members of the board directors or m anagers or any of them, to pay the remainder or +part of the company's debts, each within the limit of his responsibility of these debts, +whenever it is proven for the court that any of them had committed the acts stipulated in +sub-clauses (a), (b) and (c) of Article 147 of this Decree by Law, without prejudice to the +texts of clauses (2 and 3) of that article. +2. Any member of the board of directors or managers, against whom a judgment was +issued in accordance with the provision of clause (1) of this arti cle, may appeal this +judgment in accordance with the provisions stipulated in the Civil Procedures Code. +3. The appeal of the judgment issued against members of the board of directors or +managers shall not result in suspending the execution of the decisi on to declare the + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 69 + company's bankruptcy or in contesting its res judicata. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (145 ) +The legal representative of the company declared bankrupt shall act on its behalf within the +limits of his powers in any matter where the law requires the opinion of the company or his +presence. Further, the company's representative shall appear before the Court or the trustee +whenever requested and shall give any information or explanations required from him. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (146 ) +The Court may, at the request of the trustee, order the partners or shareholders of the +company to pay the outstanding balance of the ir shares, even before maturity. The Court +may decide to limit such claim to the amount necessary for the payment of the debts of the +company. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (147 ) +1. If the bankruptcy is declared, the Court may obligate the members of the board of +directors, managers, or liquidators in the liquidation proceedings, which are conducted +outside the framework of this Decree -Law, to pay an amount to cover the debtor's debts +if it is proved that any of them commits any of the following acts during the two years +following the date of initiating proceedings pursuant to this Part: +A. Use of commercial methods of ill -considered risks, such as disposing of goods at +below the market value to acquire the assets with a view to avoiding the bankruptcy +proceedings or delayi ng the initiation thereof. +B. Entering into transactions with a third party to dispose of the assets at no charge or +for inadequate consideration without certain benefits or without benefits +proportionate with the debtor's assets. +C. Paying the debts of any creditors with intent to cause damage to other creditors, +during the period of his cessation of payment or the period of his debit estate. + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 70 + 2. The Court shall not deliver its judgment provided for in this Article if it is convinced that +the natural or legal person has taken all the possible precautions to reduce the potential +losses on the debtor's assets and his creditors. +3. The persons referred to above shall be relieved of liability for the acts set forth in this +Article if it is established that the any entity's board members, manager or liquidators do +not involve in the acts set forth in this Article or that they have reservations about the +decision issued thereon. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (148 ) +Debentures and Sukuk issued by the company as set out in the Commercial Companies Law +shall not be subject to the procedures set for verification of debts. However, such +debentures and Sukuk shall be accepted at their nominal values within the debtor's debts +after deducting what the company has paid therefrom. + +Chapter Fourteen +Bankruptcy of the Debtor after his Demise, Retirement from business or +Incapacitation +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (149 ) +The creditor may petition for initiating the proceedings of the debtor's bankruptcy and +liquidation of his assets after the debtor's demise, retirement from business or incapacitation +if the conditions of declaration of bankruptcy and liquidation are satis fied in accordance +with the provisions of this Decree -Law. The petition for bankruptcy in these cases may not +be filed after the lapse of one year as of the date of his demise, the date of striking his name +off the Commercial Register in case of his retire ment from business or the date of judgment +declaring his incapacitation. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (150 ) +1. The Court shall declare the bankruptcy of the deceased debtor and liquidation of his + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 71 + assets if his heirs do not provide an in -kind security, bank guarantee issued by a bank +operating in the State or any other guarantee accepted by the Court and sufficient to +guarantee the settlement of the creditor's debt within the period specified by the Court. +2. Heirs of the deceased debtor may petition for declaration of his bankruptcy and +liquidation of his assets within the period provided for in article (149) of this Decree - +Law, if some heirs object to the declaration of bankruptcy, the Court shall hear their +statements and then adjudicate on the petition summarily accordi ng to the interests of +the deceased debtor's creditors and heirs. +3. All the provisions set forth in this Decree -Law shall apply to the proceedings of +declaration of the deceased debtor's bankruptcy and liquidation of his assets in +accordance with this A rticle, taking into account the following: +A. The notice of petition for declaration of bankruptcy in the event of the trader's +demise shall be served at his last domicile without the need for naming the heirs. +B. The heirs of the debtor declared bankr upt shall replace him in the proceedings of +bankruptcy and liquidation of assets. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (151 ) +The heirs of the deceased debtor or their legal agents shall appoint the representative acting +on their behalf in the proceedings of bankruptcy and liquidation of assets. If they fail to +appoint their representative within seven (7) working days from the d ate of being notified +by the trustee, the Court shall, at the request of the trustee, appoint one of them. The Court +may dismiss the representative of the heirs and appoint another from among the heirs or +their legal agents. + +Chapter Fifteen +Common Provis ions +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (152 ) +The provisions contained in this Chapter shall apply to the restructuring or bankruptcy and + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 72 + liquidation of assets, as the case may be, unless otherwise provided for herein. + +Section One +Reclamation +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (153 ) +1. The goods held in the debtor's possession on deposit, or to be sold for the account of its +owner, or for the purpose of delivering the same to him may be reclaimed. The price of +the goods may be reclaimed from the selling debtor if not delivered to the buy er and not +paid in cash, by virtue of a commercial paper, through setting off, by entering it in a +current account between the debtor and the buyer. +2. If the debtor deposits goods with third parties, such goods may be reclaimed therefrom. +3. Commercial papers and other Sukuk of value delivered to the debtor for collection of +their value or profits, or for having them allocated for a particular settlement may be +reclaimed if they exist in the inventoried assets and their value is not paid upon +declaration of bankruptcy. Nevertheless, they may not be reclaimed if entered in a +current account between the applicant for reclamation and the debtor. +4. Money deposited with the debtor may not be reclaimed unless the reclaimer establishes +his title th ereto by specifying the same. +5. In the cases provided for in this Article, the reclaimer shall pay to the trustee any rights +owed to the debtor. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (154 ) +If the sale contract is terminated by virtue of a final judgment before the issuance of the +decision initiating the proceedings, the seller may request the Court to reclaim the sold items +in whole or in part from the assets that have been inventoried, provided that they are in +kind. + + + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 73 + " +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (155 ) +1. If it is decided to initiate the bankruptcy proceedings against a debtor before paying the +price of goods bought before initiating the proceedings and the goods are still in the +possession of the seller, the latter may retain the same. +2. If it is decided to initiate the bankruptcy proceedings after dispatching the goods to the +debtor and before their entry into his stores or the stores of his agent charged with the +sale thereof, the seller may recover the possession thereof. Nevertheless, the recovery +may not be possible if the goods lose their identity or if the debtor disposes thereof +before their arrival, without fraud, under the title documents or transport documents, to +a bona fide buyer. +3. In all cases, the trustee may, under the a pproval of the Court, request the receipt of +goods, provided that he pays to the seller the agreed price, failing which, the seller may +assert his right to termination and claim for damages. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (156 ) +Without prejudice to the provisions of article (4 8) of the Commercial Transactions Law, if it +is decided to initiate the proceedings against the debtor before paying the price and after the +entry of the goods into his stores or the stores of his agent charged with the sale thereof, the +seller may not req uest the termination of the sale contract or the reclamation of the goods, +and every clause that may enable the seller to reclaim the goods shall not be invoked vis a' +vis the creditors. + +Section Two +Deprivation of the Right to Management and Disposition +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (157 ) +1. The debtor shall be prohibited from performing any of the following acts as of the date +of the decision initiating the proceedings: +A. Managing the d ebtor's business or paying any claims arising prior to the issuance of + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 74 + the decision initiating the proceedings except for any set -off payments made in +accordance with the provisions of Chapter V of Part V of this Decree -Law; +B. Disposing of any of his as sets or paying or borrowing any amounts unless this is in +accordance with the provisions of this Decree -Law. The dispositions performed at +the issuance date of the decision initiating the proceedings shall be deemed as if +performed after its issuance; +C. If the debtor's disposition is one of those which shall not be legally valid or +enforceable vis a' vis third parties except by registration or other procedures, it shall +not apply to the creditors unless the procedures are conducted prior to the issuance +of the decision initiating the proceedings. +D. Disposing of the company's shares or stocks or making a change in its ownership or +legal form, if the debtor is a legal person. +2. The Court may, at the request of any stakeholder, decide the invalidity of any disposition +by the debtor vis a' vis the creditors, if performed in violation ofthe provisions of Clause +(1) of this Article. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (158 ) +1. Prohibiting the debtor from management and disposition shall include all the assets +owned by him at the date of issuance of the decision initiating the proceedings and the +assets which devolve thereupon after the issuance of the decision initiating the +proceedings, and t he Court may rule not to enforce the dispositions at the request of any +stakeholder. +2. Notwithstanding the provisions of Clause (1) of this Article, prohibiting the debtor from +management and disposition shall not include the following: +A. Assets that may not be attached by law and living expenses prescribed for the debtor +and his dependents; +B. Assets owned by third parties; +C. Rights relating to the personal status of the debtor. +3. Prohibiting the debtor from management and disposition as referred to in Clause (1) of + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 75 + this Article shall not include the rights relating to his person or in his capacity as head of +the family or the rights relating to a purely moral interest. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (159) +1. With the exception of the case of getting new financing in accordance with the +provisions contained in Chapter IV of Part V of this Decree -Law, no security taken over +the debtor's assets after the issuance of the decision initiating the proceedings shall be +effective unless the Court permits otherwise. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (160 ) +1. The Court may decide to suspend any of the debtor's business, upon the urgent request +of the trustee. +2. The Court shall adjudge the partial suspension based on the report of the trustee within +a period not exceeding such period needed for the Court's approval or rejection of +ratifyin g the draft scheme of restructuring in accordance with the provisions set forth in +this Part. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (161 ) +The trustee may, during managing the proceedings, request the debtor to perform all the +actions necessary to preserve the interests of his business. Further, the trustee may request +the debtor to execute the effective contracts to which he is a party, subj ect to the provisions +of Chapter IX of this Part, and the trustee may perform such actions in person, including the +exercise of all the powers granted to the trustee of the composition proceedings in +accordance with the provisions of Part III of this Decre e-Law. + + + + + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 76 + Section Three +Suspension of Judicial Proceedings and Abatement of the Interest + " +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (162 ) +1. In cases other than those provided for in this Decree -Law, the Court decision to +commence proceedings pursuant to provisions of article (78) of t his Decree -Law shall +entail the suspension of judicial proceedings against the Debtor and the judicial +enforcement proceedings in respect of the assets thereof. Subject to provisions of Article +(186) of this Decree -Law, suspension of judicial proceedings a nd enforcement +proceedings provided for in this Clause shall continue until the occurrence of either of +the following two events whichever is earlier : +a. Approval of the restructuring plan in accordance with provisions of Articles (108) +and (109) of this Decree -Law; or +b. Passage of (10) ten months from the date of issuance of the Court decision to +commence bankruptcy proceedings pursuant to the provision s of Clause (1) of this +Article. +2. Notwithstanding the provisions of Para. (b) of Clause (1) of this Article, after consulting +the Trustee, the Court may extend the suspension of judicial proceedings and +enforcement proceedings for an additional period not exceeding (4) four months. +3. Creditors of debts secured by movable or immovable assets may require the Court to +exclude them from the suspension of enforcement provided for in Clause (1) of this +Article, and the Court may grant this permission if the collateral granted to the Creditor +requesting permission is not necessary f or proceeding with the restructuring procedures +or sale of the project as an operating and productive one. Furthermore, the Court may +give permission if the Creditor requesting permission proves that its collateral is likely to +be damaged or depreciated qu ickly if it does not obtain proper protection thereof. +4. The Creditor's application filed pursuant to Clause (3) of this Article shall be served upon +the Trustee and the Debtor within one business day. +5. The Debtor may submit a reply to the Creditor' s application and the Trustee shall express + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 77 + its opinion within three business days from the date of being served the application. The +Court shall decide on granting the permission within (10) ten business days from end of +the period granted to the Debtor a nd the Trustee in accordance with this Clause. +Deciding on the application to obtain the permission does not entail sending notices or +exchanging submissions. Upon granting the permission, the Court shall verify the +absence of any collusion between the Deb tor and the Creditor whose debt is secured by +movable or immovable assets, and the rank of the secured Creditor in the order of +priority in case of securing more than one creditor by the same asset. +6. The Court decision dismissing the application for pe rmission may be appealed before +the competent court of appeal. The appeal shall not result in the suspension of the +bankruptcy commencement proceedings. The decision made in respect of the appeal +shall be final. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (163 ) +The Court may decide, at the request of the trustee and after notifying the stakeholder, to +abate the legal and contractual interest, including the due interest or compensation for late +payment, as of the date of initiating the proceedings up to the date o f the Court's acceptance +or rejection of ratifying the draft scheme in accordance with the provisions set forth in this +Part. + +Section Four +Performance of Obligations and Contracts +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (164 ) +1. The trustee shall ensure that the debtor has the ability to perform his obligations. +2. The trustee may, in the framework of the implementation of the scheme of restructuring, +pay any amount due from the debtor to the party contracting therewith under an +effective contract unless the other contracting party grants the debtor a grace period for +payment. + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 78 + 3. If the trustee does not execute the contract or does not continue its execution, the other +contracting party may request the Court to terminate the co ntract, and this shall not +cause the suspension of the proceedings. +4. If the debtor owns any common property, the trustee or any of the co -owners may +request to divide the common property, even if there is an agreement not permitting the +division, and a ny co -owner shall have the priority over others if he wishes to buy the +debtor's share in exchange for just compensation as determined by Court. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (165 ) +1. The decision initiating the restructuring proceedings shall not cause the expiry of any +term agreed upon to pay any debt due from the debtor. Any contractual provision which +provides for otherwise shall be null and void. +2. Initiating the restructuring p roceedings shall not cause the expiration or termination of +any contract in force between the debtor and third parties unless it is based on personal +considerations. The party contracting with the debtor shall fulfill his contractual +obligations unless he invokes, prior to the issuance date of the decision initiating the +proceedings, the exception of non -execution due to the debtor's failure to perform his +obligations. +3. The Court may, at the request of the trustee, order to terminate any contract in for ce to +which the debtor is a party if it is necessary to enable the debtor to practice his business +or if the termination is in the best interests of all creditors of the debtor and does not +substantially harm the interests of the other contracting party. +4. In the cases referred to in Clause (3) of article (164) of this Decree -Law and Clause (3) of +this Article, the contracting party may take part in the restructuring proceedings as an +ordinary creditor of the compensation, if any, arising from terminatio n, unless the Court +decides that the compensation shall maintain the preference legally prescribed. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (166 ) +Notwithstanding the provisions of article (26) of the Civil Procedure Code and the provision + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 79 + of Clause (3) of article (164) of this Decree -Law: +1. The issuance of the decision initiating the restructuring proceedings shall not cause the +termination of th e lease or investment contract or the maturity of the rent for the +remaining period if the debtor leases or invests the property in which he practices his +business; and any clause to the contrary shall be null and void. +2. The trustee may terminate the l ease or investment contract of the property that is used +by the debtor to practice his business prior to the expiration date agreed upon in the +contract. Accordingly, he shall notify the owner or the lessor of the same by a written +notice of (45) forty fiv e working days, unless the contract provides for a shorter period. +3. The owner or the lessor may claim the termination of the lease or investment contract of +the property that is used by the debtor to practice his business due to his failure to pay +the due rent if such failure continues for more than three (3) months from the issuance +date of the decision initiating the proceedings. +4. The Court may, at the request of the owner or the lessor, rule to terminate the lease or +investment contract of the property that is used by the debtor to practice his business if +he proves that the guarantees provided to him to settle the rent are not suf ficient. +5. If it is decided to terminate or rescind the lease or investment contract of the property +that is used by the debtor to practice his business, the owner or the lessor of such +property shall have a lien on the sale proceeds of the debtor's movable assets which are +considered the furniture of the leased or inv ested property. +6. The Court may allow the debtor or the trustee to sell the debtor's movable assets which +are considered the furniture of the leased or invested property in any of the following +cases: +A. If such assets are perishable or susceptible to impairment and maintaining the same +requires extremely high cost; +B. If the sale of such assets does not lead to the debtor's inability to practice his +business; or +C. If the sale of such assets does not affect the adequacy of the guarantees establish ed +for the benefit of the lessor or the owner. + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 80 + 7. The trustee may, after obtaining the approval of the Court, sublease the property +occupied by the debtor to practice his business, even if the lease contract concluded +between the debtor and the owner or the lessor states otherwise, provided that there is a +clear and true benefit for the creditors and no damage is caused to the owner or the +lessor of the property. In this case, the lessor shall be fairly compensated. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (167 ) +Without prejudice to the employee's rights prescribed by law, the Court may terminate the +valid employment contracts concluded between the debtor whose assets are subject to +restructuring or who is declared bankrupt and any of his employees, if necessary, +notwithstanding the provisions contained in such contracts. + +Section Five +Invalidity of Dispositions +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (168 ) +1. The following dispositions may not be invoked vis a' vis the creditors if performed by the +debtor within the two years preceding the date of initiating the proceedings, unless the +Court approves the validity of such dispositions for public interest concide rations or for +the interest of bona fide third party: +A. Donations, gifts or gratis transactions excluding customary small gifts; +B. Any transactions where the debtor's obligations significantly exceed the +counterparty's obligations, whether they are c ash or in -kind liabilities; +C. Payment of any debt before its maturity date, regardless of the mode of Payment; +D. Payment of matured debts with something other than the one agreed upon between +the debtor and the creditor or in a manner different from that usually applied in +paying such kind of debts. Payment by a commercial paper or a bank transfer shall +be treated as payment in cash. +E. Creating any new security over his assets to secure pre -existing debts. + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 81 + 2. The Court may rule the invalidity of any disposition not mentioned in Clause (1) of this +Article if such disposition is detrimental to the creditors and the contracting party was +aware or was supposed to be aware that the debtor has ceased to pay his debts or that +he was in the state of a debit estate. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (169 ) +1. If a judgment is issued of the invalidity of any disposition in in the rights ofthe creditors, +the alienee shall be obligated to return what he has received from the debtor by virtue of +such disposition or the value of such thing at the time of receipt. Fur ther, he shall pay the +proceeds of what he has received from the date of receipt in addition to the value of the +benefits derived therefrom. +2. The alienee shall be entitled to reclaim the consideration given to the debtor if such +consideration is still available in the debtor's assets; otherwise, he shall be entitled to +claim from the creditors the benefits gained from such disposition and to participate in +the proceedings set forth in this Part as an ordinary creditor in respect of any exceeding +balance . + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (170 ) +The Court may dismiss the Paulian Action instituted pursuant to article (168) of this Decree - +Law, if it finds that the debtor acted in good faith and for the purpose of practicing his +business and that when doing so, there were reasons to believe that such disposition will +benefit his business. + +Chapter Fifteen +BIS +Bankruptcy Proceedings in Emergency Financial Crisis + + + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 82 + Article (170 ) +BIS 1 +Suspension of Debtor's Obligation to Apply for Commencing Bankruptcy Proceedings: +1. If the Debtor defaults in paying its debts on their maturity dates for more than (30) thirty +consecutive business days, or in case that its patrimony becomes debit due t o an +emergency financial crisis, Debtor's obligation to file an application for commencing +bankruptcy proceedings provided for in article (68) of this Decree -Law shall be +temporarily suspended until the end of the emergency financial crisis state. +2. In the event that the Debtor files the application during the emergency financial crisis, +the Court may accept the application and take the actions it deeps fit including initiating +the proceedings without the appointment of an expert or a trustee provided that the +Debtor proves that its financial turmoil or debit patrimony has resulted from the +emergency financial crisis. + +Article (170 ) +BIS 2 +Offering a Settlement Agreement with Creditors: +1. If the Court accepts the Debtor's application in pursuant to Clause (2) of article (170) +bis(1) of this Decree -Law, the Debtor may require the Court to grant it a grace period not +exceeding (40) forty business days for negotiating with the Creditors to rea ch an +agreement to settle its debts. +2. The Debtor shall publish the summary of the Court decision granting it the grace period +pursuant to Clause (1) of this Article in two widely circulated local daily newspapers, one +published in Arabic and one publis hed in English. The publication shall invite Creditors +to negotiate a settlement agreement with the Debtor within (20) twenty business days +from the date of publication. The invitation shall specify the place or method of +conducting the negotiations. +3. Settlement duration proposed by the Debtor may not be more than (12) twelve months + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 83 + from the date of the Court approval. +4. Summary of negotiations conducted between the Debtor and Creditors in addition to a +summary of the settlement agreement accompanied by exchanged the emails shall be +documented in writing. In case of reaching a debt settlement agreement with Creditors +repre senting two thirds of the debts engaged the negotiations, such agreement shall be +binding to all Creditors including those who refused to engage in the negotiations +procedures. +5. The Debtor, and any Creditor who has an interest in the procedures, shall notify the +Court and all Creditors of the details of the settlement agreement mentioned in this +Article within (10) ten business days from the date of the written approval of Creditors. +The Court may issue a decision rejecting the settlement agreement with in (15) fifteen +business days from the date of being notifying thereof if the Court considers that the +agreement fails to comply with good faith in the discharge of obligations. +6. Any Creditor who disagrees to the settlement agreement made pursuant to t his Article +may file an objection with the Court within (15) fifteen business days from the date of +being notified of the settlement agreement. The Court shall decide on the objection +within (5) five business days from the date of filing the same. The Cour t decision shall be +deemed final and binding to all Creditors. + +Article (170 ) +BIS 3 +Applications Filed by the Creditor: +1. The Court shall postpone the consideration of accepting any application filed therewith +by a Creditor or a group or Creditors to commence proceedings pursuant to Chapter +Four of this Decree -Law if the application is filed during the emergency financial crisis, +until end of the emergency conditions. +2. The Court which has accepted the Debtor's application pursuant to article (170) Ter +shall not take any precautionary measures against any of the Debtor's assets necessary + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 84 + for the continuity of its business during the period of the emergency financial crisi s, +including fixing seals on Debtor's business premises or its properties except those +deemed by the Court to be irrelevant to the running of the Debtor's business. + +Article (170 ) +BIS 4 +Existing Proceedings +If the application for the commencement of proc eedings pursuant to Chapter Three or Four +of this Decree Law is filed by the Debtor or the Creditor files and the application is accepted +by the Court before occurrence of the emergency financial crisis, the Court may modify the +grace periods and deadlines provided for in this Decree -Law by way of granting additional +grace periods not exceeding double the period granted in other than the conditions of +emergency financial crises if this is required to face direct effects of the emergency financial +crises on the Debtor's business. In addition, the Court may amend the obligations arising +under Articles (165) through (167) of this Decree -Law. + +Article (170 ) +BIS 5 +Responsibility of the Board Members and Managers: +1. If the Debtor is a legal person who is governed by the provisions of this Decree -Law and +ceases to repay the debts due pursuant to article (170) Ter hereof, members of the board +and managers of the legal person shall not be held liable in case of disposing of the +Debtor's assets in order to pay unpaid wages and salaries which are paid on regular basis +(excluding any allowances, bonuses or other casual payments, be them in cash or in +kind) and are payable to the Debtor's employees, workers and personnel nece ssary for +the continuity of business during the emergency financial crisis. +2. Members of the board of the legal person or the directors thereof, as applicable, shall +update the company's accounts and data in light of the losses incurred due to the + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 85 + emerg ency financial crisis, and shall act with caution and good faith. They shall work in +the best way to serve the interests of the legal person to protect its objects and financial +assets. + +Article (170 ) +BIS 6 +Procurement of New Finance: +In the event that the Debtor's application pursuant to provisions of Clause (2) of Article +(170)Ter hereof is accepted, the Court, at the request of the Debtor, may permit the Debtor +to procure new financing, with or without sec urity, subject to the following: +1. The new financing shall have priority over any ordinary debt owed by the Debtor and +existing on the date of the decision to commence the proceedings. +2. The new financing provided may be secured by a mortgage of any of the Debtor's +unmortgaged assets. +3. The new financing provided may be secured by a mortgage on any of the Debtor's assets +that are already mortgaged, provided that the value of said asset exceeds the amount of +the debt secured by the existing mortgage . In this case, the new mortgage on a given +asset shall have a lower rank than the existing mortgage thereon, unless the creditors +whose debts are secured by the existing mortgage agree that the new mortgage shall +have a rank equal to or higher than the ex isting mortgage on the said asset. +If the mortgagee is a licensed financing entity, the same asset may be mortgaged even if the +value thereof is equal to the value of the debt secured by the existing mortgage, the new +mortgage shall not exceed 30% of said asset. The Court may issue a decision app roving the +granting of the new mortgage a rank equal to or higher than the existing mortgage on the +said asset; especially if the objective of the new financing is to obtain materials or services +necessary for the continuity of the Debtor's business to ach ieve revenues for the Debtor +which would assists it in settling its due debts. + + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 86 + Article (170 ) +BIS 7 +Issuance of Amending Resolutions +The Cabinet may issue resolutions extending, as required, any of the time limits or dates set +out in this Chapter. + +Article (170 ) +BIS 8 +General Provisions: +Where no particular a to hereinabove, shall apply to emergency financial crisis. + +Part Five +General Provisions +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (171 ) +The provisions contained in this Part shall apply to the proceedings set forth in Part III and +Part IV, as the case may be, unless otherwise stated. + +Chapter One +Applications submitted in case of Legal Persons +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (172 ) +In case of submitting an appli cation for initiating the proceedings in accordance with the +provisions of Part III or Part IV of this Decree -Law, such application shall be accompanied +with the document evidencing the issuance of a resolution by the majority of partners in +case of the ge neral partnerships and limited partnerships, and by the general assembly at an +extraordinary meeting in case of other companies. + + + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 87 + " +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (173 ) +If it is decided to initiate the proceedings against the debtor company, the decision on any +application concerning the liquidation of the company or placing it under receivership shall +be suspended. The company, which is under liquidation, shall continue to operate in fact +until the completion of the proceedings set forth in Part III and Part IV of this Decree -Law. + +Chapter Two +Duties and Powers of the Trustee +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (174 ) +1. The trustee appointed in accordance with the provisions of this Decree -Law s hall +assume his mission under the supervision of the Court, and shall follow up the +proceedings expeditiously and ensure that he takes all measures providing protection of +the interests of the debtor and creditors. +2. Subject to the provisions on the rig hts, powers and duties of the trustee provided for in +Part III and Part IV of this Decree -Law, the trustee shall, while performing his duties, be +subject to the same obligations of the expert in accordance with the provisions of +Federal Law No. (7) of 2012 Concerning the Regulation of the Experts Profession Before +Judicial Authorities, in matters which do not contradict the provisions of this Decree - +Law. +3. The trustee may conduct a valuation of the debtor's assets whenever the need arises. +4. The trust ee, the debtor or any creditor may request the Court to determine the scope of +the trustee's powers regarding a particular matter, provided that this does not lead to +suspension or disruption of the proceedings. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (175 ) +1. Once appointed, the trustee shall receive the debtor's correspondence relating to his +business and review and keep the same. The trustee shall enable the debtor to have +access to such correspondence. + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 88 + 2. The trustee shall deliver as quickly as possible to the debtor any correspondence of a +personal nature or which is subject to the rules of professional secrecy and is not related +to the proceedings. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (176 ) +1. The trustee shall deposit any amount received during the proceedings in the bank +accoun t determined by the Court within no more than two (2) working days from the +date of receipt of such amount, and shall submit to the Court a statement of account of +such amounts within five (5) working days from the date of deposit. +2. If the trustee dela ys the deposit of any amounts received for the purpose of deposit +without justification acceptable to the Court, it may require him to pay a delay penalty of +no more than (12%), for each day of delay on an annual basis, of the value of the +amounts that hav e not been deposited, and such delay penalty shall be deposited in the +account referred to in Clause (1) of this Article and shall be included in the general +security of the creditors. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (177 ) +The trustee shall estimate the reasonable amount required to meet the needs of the debtor +and his dependents. The Court shall summarily issue its decision approving the estimation +or amending the same and its decision in this regard shall be final. Such am ount shall not be +included in the debtor's assets securing his debts. + +Chapter Three +Reclamation +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (178 ) +1. Any stakeholder may request from the trustee that the inventory conducted in +accordance with the provisions of this Decree -Law does not in clude certain items to +which his title is established and on which the debtor does have any lien at the date of + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 89 + the Court's decision initiating the proceedings. He shall be entitled to request to reclaim +such items and the trustee shall issue a decision ap proving or rejecting the request as +soon as possible. +2. Any stakeholder may file a complaint about the decision issued by the trustee on the +reclamation requests before the Court within a period not exceeding three working days +from the date of being in formed of the decision in order to adjudicate on the request by +virtue of a final judgment within five working days from the filing date. The complaint +shall not cause the suspension of the proceedings. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (179 ) +1. The debtor's spouse may determine the contents of the assets owned thereby in the +inventory in accordance with any rules laid down in the financial system adopted in the +marriage. +2. The debtor's spouse may, within two months from the date of publishing the decision +initiating the proceedings, summarily request from the Court the reclamation of the +movables or immovables owned thereby from the debtor's assets. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (180 ) +The trust ee may apply for obtaining permission from the Court to include any asset +purchased by the debtor's spouse in the debtor's assets or the donations determined by the +debtor to such spouse during the three (3) years prior to the issuance of the decision +initiating the proceedings and consider the same part of the debtor's assets. + +Chapter Four +Obtaining New Financing +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (181 ) +The Court may, at the request of the debtor or the trustee in the composition proceedings or +the restructuring proceedings, permi t the debtor to obtain new financing with or without + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 90 + security, in accordance with the following: +1. Any new financing shall take precedence over any ordinary outstanding debt due from +the debtor at the date of the decision initiating the proceedings in a ccordance with the +provisions of Part III or Part IV of this Decree -Law. +2. The new financing may be secured by mortgaging any of the debtor's unencumbered +assets. +3. The new financing may be secured by creating mortgage on the debtor's encumbered +assets estimated at value higher than the value of the debt secured by the former +mortgage. In such case, the new mortgage shall rank below the existing mortgage on the +same a ssets, unless the creditors whose debts are secured by the mortgaged assets agree +that the new mortgage ranks equal to or higher than the existing mortgage on the same +assets. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (182 ) +The Court may allow the debtor, during the composition or restru cturing proceedings, to +obtain new financing with security that ranks higher than or equal to any existing security +over his assets if the Court finds that the new financing does not affect the interests of the +holder of the existing security. + +Chapter Five +Offsetting +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (183 ) +1. It is permissible to make an offset between the debtor and the creditor if its conditions +are met before initiating the proceedings in accordance with the provisions of Part III or +Part IV of this Decree -Law. +2. The debts incurred after initiating the pr oceedings in accordance with the provisions of +Part III or Part IV of this Decree -Law may not be offset unless it is based on the scheme of +composition, the scheme of restructuring or the Court's decision. + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 91 + 3. The remaining balance of the debt owed to the creditor after offsetting shall be added to +the debtor's debts and shall have the ranking of the original debt. The remaining balance +owed to the debtor shall be added to the debtor's assets, and shall be paid to any trustee +to be appointed in accordance with the provisions of Part III or Part IV of this Decree - +Law, as the case may be. +4. In case the creditor assigns his debt to a third party, the offset between the debtor and +the third party shall not be appl icable unless the Court finds that this has been made in +good faith, including the case where the creditor is acquired by a third party. + +Chapter Six +Order of Debt Payment +Section One +Payment of Debts in case of the Composition or Restructuring +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (184 ) +Subject to the provisions of the priority of the creditor whose debt is secured by assets used +as security, the following debts shall be payable when they are due, in the order set forth +below: +1. Any court fees or costs or any fees or expenses of any trustee to be appointed in +accordance with the provisions of Part III or Part IV of this Decree -Law and any expenses +incurred during the relevant proceedings or transactions in accord ance with the +provisions of Part III and Part IV of this Decree -Law. +2. Any fees, expenses or cost s incurred after the issuance of the decision initiating the +proceedings for the purpose of providing the debtor with goods and services, or the +continuation of the performance of any contract in accordance with the provisions of +this Decree -Law, to the ex tent that such fees, costs and expenses achieve benefits for of +the debtor's business or assets. +3. Any new unsecured financing obtained in accordance with the provisions of Chapter IV +of Part V of this Decree -Law, including the amount of the original de bt, and unpaid + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 92 + related interests and expenses. This shall apply if the value of the security granted to the +new financing is not sufficient to pay all due amounts to pay such financing. + +Section Two +Order of Priority upon Bankruptcy and Liquidation +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (185 ) +1. In the event that the Court decides to declare the Debtor bankrupt and to liquidate the +Debtor's assets in accordance with the provisions of Chapter Four of this Decree -Law, +the priority given to Creditors whose debts are secured by movable o r immovable assets +shall have precedence over other preferential creditors and ordinary creditors pro rata +the value of their securities, followed by preferential creditors based on their ranks in +their order of priority according to the provisions of this Decree -Law. +2. All reasonable charges and expenses incurred by the Trustee in the course of completing +of procedures of sale of the collaterals securing the debts shall be deducted from the +proceeds of sale of the same before distribution of such proce eds to secured creditors. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (186 ) +In case of failure of the trustee to proceed with the sale of the assets used as security within +one (1) month from the date of the judgment declaring bankruptcy and the liquidation of +the Debtor’s Assets, the secured creditors may apply to the Court for p ermission to Enforce +on their securities even if they have not yet been accepted. The Court shall decide to grant +the permission within ten (10) Business Days from the date of the application. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (187 ) +1. Notwithstanding the provisions of article (185) of this Decree -Law, if the trustee finds +that the proceeds arising from the sale of any encumbered assets are not sufficient to +cover the trustee's fees and any costs relating to the sale of such assets, he may choose +not to continue such sale, and t he trustee shall immediately notify the creditor holding + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 93 + the security in writing of any decision he may take in respect of failure to continue the +sale of the encumbered assets. +2. Any creditor may object to the decision of the trustee within three (3) w orking days from +the date of notification. The Court shall decide on such objection within five (5) working +days without pleading. Its decision shall be final in this regard. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (188 ) +1. If there are surplus proceeds of the sale of assets securing the value of the secured debt, +the surplus shall be delivered to the trustee for the benefit of the debtor. +2. If the proceeds of the sale of assets securing the deb t are less than the value of the +secured debt after payment of fees and expenses, the remaining balance of the secured +debt shall be deemed as an ordinary debt. + +Section Three +Order of Payment of Preferential Debts +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (189 ) +1. The following debt categories shall be considered preferential debts and shall be repaid +before the ordinary debts in the following order: +a. Any court costs or fees including the trustee's and expert's fees and any expenses +disbursed for serving the com mon interest of the creditors in reserving and +liquidating the Debtor's Assets. +1. The outstanding end -of-service gratuity, wages and salaries of the Debtor's +employees, staff and servants which are payable on a regular basis (excluding any +allowances, b onuses or other casual payments or any other benefits, whether they +are in cash or in kind), provided that the total thereof shall not exceed the wage or +salary for (3) three months maximum. The Court may allow payment of the wages +and salaries payable to the Debtor's employees, staff and servants for a period not +exceeding (30) thirty days from the funds of the Debtor's Assets available in the + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 94 + Debtor's possession. +c. The maintenance debt decided on the Debtor pursuant to a judgment issued by a +competent court. +d. The amounts payable to government authorities. +e. The fees agreed upon between the creditor and any expert appointed to commence +the procedures, including the legal counseling fees. The Court may estimate the fees +sua sponte or based on a grievance of any creditor. The submission of the grievance +shall not give rise to suspending the procedures. The Court shall decide on the +grievance within (5) Business Days from the date of submission and the court +decision in this regard shall be final. +f. Any fees, costs or expenses arising after the date of the decision to commence the +procedures for the purpose of securing commodities and services for the Debtor or +for continuation of the performa nce of any other contract for the benefit of the +Debtor's Business or Assets or any fees, costs or expenses arising for the continuation +of the Debtor's Business after the date of commencement of the procedures in +accordance with the provisions of this Dec ree-Law. +2. Subject to the order of priority in accordance with the provisions of Clause (1) of this +Article, the creditors' rankings in each category of debt referred to above shall be equal +within such category, unless the debtor's assets are insuffici ent to cover the same; in this +case, they shall be reduced by equal percentages. + +Chapter Seven +Complaint and Appeal +Section One +Complaints +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (190 ) +If the trustee appointed in accordance with the provisions of Part III or Part IV of this Decree - +Law fails to notify any creditor to attend any of the meetings of creditors or the notice is not + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 95 + served in accordance with the provisions of this Decree -Law, t he aggrieved creditor may file +a complaint with the Court in accordance with the provisions contained in the following +Clauses: +1. The complainant shall file his complaint within (10) ten working days as of the day +following the date of being aware of th e meeting. The complaint shall not cause the +suspension of the proceedings. +2. The Court shall promptly hear the complaint after calling the trustee and shall issue a +decision accepting or dismissing the complaint. Its decision shall be final in this reg ard. +3. If the Court issues a decision accepting the complaint, it may order the stay of execution +or cancellation of any decision previously issued thereby based on the results of the said +meeting, without causing damage to the other creditors. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (191 ) +1. Each stakeholder may file a complaint with the Court if the trustee: +A. Proposes any disposition or acts in an unfair manner to cause damage to the +stakeholder's interests; +B. Neglects or fails to perform his duties or does not exert due diligence; or +C. Abuses or seizes any of the debtor's assets or property or violates a ny of his +obligations in favor of the debtor. +2. The complaint shall be filed within five (5) working days from the date of being aware of +such act and the Court shall decide to dismiss the complaint or issue any appropriate +decision, including the decis ion terminating the appointment of any trustee appointed in +accordance with the provisions of Part III or Part IV of this Decree -Law and appoint a +substitute trustee in the same decision. Such complaint shall not cause the suspension of +the proceedings. + + + + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 96 + Section Two: Appeal +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (192 ) +Without prejudice to what is expressly provided for in this Decree -Law, the decisions or +judgments issued by the Court in any way in accordance with this Decree -Law may not be +appealed. Likewise, the decisions issued by any trustee to be appointed in accordance with +the provisions of Part III or Part IV of this Decree -Law may not be appealed. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (193 ) +The Court of Appeal may, at the request of the appellant, decide stay of execution of the +appealed decision pending the adjudication of the subject of the appeal. In such case, the +Court may request the appellant to provide a real security or bank guarantee issued by a +bank operating in the State or any other guarantee accepted by the Court and sufficient to +indemnify any damage incurred due to the invalidity of the request within the period +specified by the Court. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (194 ) +The debtor or the creditor may appeal any decision or judgment issued by the Court on the +acceptance or rejection of initiating the proceedin gs in accordance with the provisions of +Part III and Part IV of this Decree -Law. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (195 ) +The debtor, in case of being a natural person, or any of his dependents may appeal the +decisions issued by the Court on the sale, mortgage or disposition of an y assets allocated for +their living expenses, in accordance with the provisions of Part III and Part IV of this Decree - +Law. + + + + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 97 + Part Six +Penalties and Rehabilitation +Chapter One +Penalties +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (196 ) +For the purposes of this Part, a manager is any person who works for a legal person that is +subject to the provisions of this Decree -Law and plays an active role in its decision -making +process, including the person who directs and instructs the managers. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (197 ) +Whoever is declared bankrupt by virtue of a final judgment shall be punished by +imprisonment for no more than (5) five years if he commits one of the following acts: +1. Concealing, destroying or altering all or some of his books with intent to cause dama ge +to his creditors; +2. Embezzling or concealing part of his assets with intent to cause damage to his creditors; +3. Knowingly acknowledging debts undue from him, whether the acknowledgment is +made in writing or orally, in the balance sheet or by refra ining from submitting papers or +notes with the knowledge of the consequences of such refrainment; +4. Obtaining the composition or restructuring by fraud; or +5. Fraudulently increasing his liabilities, undervaluing his assets or obtaining any other +settlement by fraud. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (198 ) +The company's board members, managers and liquidators shall be punished by +imprisonment for no more than (5) five years and a fine of no more than (AED 1,000,000) +One Million UAE Dirhams if they commit one of the following acts, after the issuance of a +final decision initiating the proceedings against the company: +1. Concealing, destroying or altering all or some of the company's books with intent to + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 98 + cause damage to the creditors; +2. Embezzling or concealing part of the company's assets; +3. Knowingly acknowledging debts undue from the company, whether the +acknowled gment is made in writing or orally, in the balance sheet or by refraining from +submitting papers or notes in their possession with the knowledge of the consequences +of such refrainment; +4. Obtaining the composition or restructuring by fraud; +5. Declaring false information about the subscribed or paid capital, distributing fictitious +profits or seizing bonuses exceeding the amount set forth in the law, the memorandum +of association or articles of association of the company; +6. The penalty provid ed for in this Article shall not apply to any person who is proven not +to be involved in the act, subject of the crime, or is proven to have reserved the decision +issued thereon. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (199 ) +Whoever is declared bankrupt by virtue of a final judgment an d it is proven that the +declaration of bankruptcy is due to his gross negligence that causes the loss of his creditors +as a result of committing one of the following acts shall be punished by imprisonment for no +more than (2) two years and/or a fine of no more than (AED 60,000) Sixty Thousand UAE +Dirhams: +1. Spending enormous sums in false speculations not required by his business or +performing gambling operations; +2. Paying one of the creditors with the intent to cause damage to the other creditors aft er +he ceases to pay his debts for a period exceeding (30) thirty consecutive working days or +he is in case of a debit estate, even if such act aims at achieving the composition or +restructuring; or +3. Disposing of his assets in bad faith at an undervalue or resorting to means harmful by +nature or by practice to cause harm to his creditors with the intent to delay the +declaration of bankruptcy and liquidation of his assets or delay the nullity of the sch eme + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 99 + of composition or the scheme of financial restructuring. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (200 ) +Whoever is declared bankrupt by virtue of a final judgment and commits one of the +following acts shall be punished by imprisonment for no more than one year or by a fine of +no mor e than (AED 30,000) Thirty Thousand UAE Dirhams: +1. Failing to keep commercial books sufficient to reflect his financial position or failing to +make the prescribed inventory in accordance with law; +2. Making, for the benefit of third parties, without c ompensation, serious commitments as +to his financial situation when he makes them; +3. Refraining from providing the data requested by the trustee appointed in accordance +with the provisions of Part IV of this Decree -Law or by the Court or intentionally +providing false data thereto; +4. Allowing, after the cessation of payment, to grant a special benefit to one of the creditors +in order to obtain the acceptance of the composition or restructuring; +5. Spending exorbitant sums on his personal or home expenses whether before or after +cessa tion of payment; or +6. Paying any debt in contrary to the requirements of the scheme of composition or the +scheme of restructuring ratified by the Court, or disposing of any assets in contrary to the +provisions of the schemes. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (201 ) +Members of the board of directors of the company that was declared bankrupt by virtue of a +final judgment, its managers and liquidators shall be punished by imprisonment for a period +not exceeding two years and a fine not exceeding (100,000) Hundred Thousand Dirhams or +with either penalties, if they commit one of the following acts: +1. Failing to keep commercial books sufficient to reflect the company's financial position or +failing to make the prescribed inventory in accordance with law with the intent of +causing the company or its creditors damage. + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 100 + 2. Intentionally Refraining from providing the data requested by the trustee appointed in +accordance with the provisions of Part IV of this Decree -Law or by the Court or +intentionally providing false data thereto. +3. Disposing of the company's assets follow ing its cessation of payment with intent to +prevent the creditors from obtaining such assets. +4. Paying, after the company's cessation of payment, the debt of one of the creditors with +intent to cause damage to the other creditors or granting special sec urities or benefits to +one of the creditors in preference to the others, even if such act aims at obtaining the +preventive settlement or restructuring. +5. Disposing of the company's assets at an undervalue or resorting to any methods or ways +detrimental to the interests of the creditors with the intent to acquire assets to avoid or +delay the cessation of payment, the declaration of bankruptcy or the nullity of the +preventive settlement or restructuring. +6. Spending enormous sums in gambling operations o r false speculation as not required by +the company's business. +7. Undertaking, for a benefit other than the company's benefit and without compensation, +serious commitments with regards to its financial situation when they undertook them. +The penalty provided for in this Article shall not apply to any person who is proven not to be +involved in the act subject of the crime or is proven to have reserved the decision issued +thereon. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (202 ) +1. Any trustee or expert appointed by the C ourt in accordance with the provisions of this +Decree -Law shall be punished by imprisonment for no more than (5) five years and a +fine of no more than (AED 1,000,000) One Million UAE Dirhams if he seizes or +embezzles any of the debtor's assets during the m anagement thereof. +2. The penalty shall be imprisonment and/or fine if he intentionally provides false +information regarding the proceedings. + + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 101 + " +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (203 ) +Whoever embezzles, steals or conceals the debtor's assets after the issuance of the decision +initiating the proceedings in accordance with the provisions of Part III or Part IV of this +Decree -Law shall be punished by imprisonment and/or a fine, even if such person is the +bankrupt's spouse or one of his ascendants or descendants, or one of his spouse' s +ascendants or descendants. The Court shall, on its own imitative, order the recovery of the +assets even if the judgment of acquittal is rendered and the Court may order, at the request +of the stakeholders, compensation when necessary. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (204 ) +Any creditor of the debtor declared bankrupt shall be punished by imprisonment if he +commits one of the following acts: +1. Fraudulently increasing the debts due from the debtor; +2. Require for himself, with the debtor or with the others, special benefits in return for +voting in the deliberations of the composition or restructuring; or +3. Intentionally concluding with the debtor, following the cessation of payment, a secret +agreemen t granting him special benefits causing damage to the other creditors. +The Court shall, on its own initiative, decide to annul the said agreements, with respect to +the debtor and anyone else, and obligate the creditor to return what he seizes under the voi d +agreement, even if the judgment of acquittal is rendered and the Court may order, at the +request of the stakeholders, compensation when necessary. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (205 ) +Whoever declares, by fraud during the proceedings of composition; restructuring or +bankrupt cy and liquidation, fictitious debts in his name or in the name of third parties shall +be punished by imprisonment. + + + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 102 + " +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (206 ) +Any debtor who: +1. Deliberately conceals all or some of his assets or overestimates the same with intent to +obtain the composition or restructuring; +2. Deliberately enables a creditor, who is fictitious or prohibited from participating in the +composition or restructuring o r exaggerates his debt, to participate in the deliberations +and voting, or deliberately allows him to participate therein; or +3. Deliberately neglects to mention a creditor in the list of creditors, +Shall be punished by imprisonment for no more than (5) five years. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (207 ) +Any creditor who: +1. Deliberately overestimates his debts; +2. Participates in the deliberations or voting on the scheme of compo sition or restructuring +while knowing that he is legally prohibited from the same; or +3. Intentionally concludes with the debtor a secret agreement granting him special benefits +causing damage to the other creditors, +Shall be punished by imprisonment. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (208 ) +Whoever is not a creditor and intentionally participates in the deliberations of the +composition or restructuring or voting on the scheme of composition or the scheme of +restructuring without the permission of the trustee or the Court shall b e punished by +imprisonment. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (209 ) +If the crime is relevant to an agreement concluded by the debtor with one of the creditors to +grant the creditor special benefits in return for voting on the scheme of composition or + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 103 + restructuring, causing damage to the other creditors, the Criminal Court may, on its own +initiative, decide to annul such agreement, and to obligate the creditor to return what he +seizes under the void agreement, even if the judgment of acquittal is rendered. The Court +may also order, at the request of the stakeholders, compensation when necessary. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (210 ) +Each controller who deliberately provides false information about the financial situation of +the debtor or supports such information shall be punished by imprisonment. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (211 ) +1. Any trustee to be appointed in accordance with the provisions of P art III or Part IV of this +Decree -Law shall submit to the public prosecution, during the investigation or criminal +trial, all the documents, papers, notes and information required thereby. +2. The documents and papers shall, during the investigation or cr iminal trial, be kept at the +Office of the Court's Clerk and may be accessible or an official copy thereof may be +obtained, unless the Court decides otherwise. +3. The documents and papers shall be returned against a receipt after the completion of the +investigation or the trial. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (212 ) +1. If the Court decides to initiate the proceedings of composition or restructuring in +accordance with the provisions of Part III or Part IV of this Decree -Law, any criminal +proceedings initiated or to be initiat ed against the debtor shall be suspended, whether +they are arising from actions of bounced checks drawn by the debtor before initiating +the proceedings of composition or restructuring. +2. If the Court orders to suspend the criminal proceedings in accorda nce with Clause (1) of +this Article, the creditor holding a bounced check shall be included within the creditors +and his debt shall become part of the total debts of the debtor. + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 104 + 3. The suspension of the criminal proceedings against the debtor shall remain effective +until the Court hearing the application for composition in bankruptcy or restructuring, as +the case may be, adjudicates on the application and approves the settlements mad e with +the creditors of the debtor in accordance with the rules regulating the required +proceedings set forth in this Decree -Law. +4. If the Court approves the arrangement reached between the debtor and his creditors in +accordance with the provisions of t his Decree -Law, such approval shall automatically +cause the extension of the suspension of the criminal proceedings initiated against the +debtor until the completion of the composition or restructuring proceedings, as the case +may be. +5. If the debtor ob tains a decision from the competent authority on the completion of the +implementation of the required proceedings and the settlement of the debts due from +the debtor to the creditor holding the check, the debtor may submit an application to the +Court havin g jurisdiction to hear the criminal action in accordance with the provisions of +article (401) of the Penal Code for the issuance of a decision on the abatement of the +criminal action or stay of execution thereof, as the case may be. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (213 ) +Unless otherwise provided for in the law, any civil or commercial actions or claims relevant +to the application of the provisions of this Decree -Law shall remain independent of any +criminal action instituted in accordance with the provisions of this Part. The Cri minal Court +may not hear such actions and claims and they may not be referred thereto. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (214 ) +The Court may publish all the criminal judgments rendered in the crimes set forth in this +Decree -Law by the methods prescribed for publishing the judgmen t declaring bankruptcy in +accordance with the provisions of Part IV of this Decree -Law. + + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 105 + " +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (215 ) +The Court may, upon conviction of the crimes set forth i n Articles (197), (198), (199), (200) +and (201) of this Decree -Law, order to deprive the convicted from directly operating, +managing, controlling or playing any role in the management of any company established in +accordance with the provisions of the Comm ercial Companies Law or engaging in any other +commercial activity for a period not exceeding five (5) years from the date of the completion +of the proceedings of bankruptcy and liquidation. The name of the convicted shall be +entered in the commercial or pr ofessional register, as the case may be. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (216 ) +The penalties provided for in this Part shall not prejudice any severer penalty provided for in +any other law. + +Chapter Two +Rehabilitation of the Debtor Declared Bankrupt +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (217 ) +Unless otherwise provided for in this Chapter, the rights of which the person declared +bankrupt under the provisions set forth in this Decree -Law or any special laws is deprived +shall be regaine d by the expiry of five (5) years from the date of the completion of the +proceedings of bankruptcy and liquidation of assets. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (218 ) +The debtor declared bankrupt shall be rehabilitated, even if the period set forth in Article +(217) of this Decree -Law does not expire if he pays all his debts, including the assets, +expenses and interests for a period of one year, including the part from which he has been +discharged. + + + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 106 + " +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (219 ) +The debtor declared bankrupt may be rehabilitated, even if the perio d set forth in Article +(217) of this Decree -Law does not expire, in the following two cases: +1. If he obtains a settlement from his creditors and performs its conditions. This provision +shall apply to the joint partner in a company against which a judgme nt declaring its +bankruptcy is rendered if the partner obtains a settlement for him and performs its +conditions. +2. If it is proven that the creditors have discharged him from al l the outstanding debts due +from him after the completion of the bankruptcy and liquidation proceedings. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (220 ) +The debtor who is declared bankrupt and against whom a judgment of conviction of any of +the crimes set forth in article (197) of this Decree -Law is rendered may be rehabilitated only +after the expiry of three (3) years from the execution of the punishment imposed thereon, +the granting of a pardon or the lapse by prescription, provided that the debtor pays all his +debts including assets, interests and expenses or reaches a settlement with the creditors. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (221 ) +The debtor declared bankrupt may be reh abilitated after his demise, at the request of the +heirs; and the dates set forth in Articles (219) and (220) of this Decree -Law shall be +calculated as of the date of his demise. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (222 ) +If one of the creditors refrains from receiving his debt or i n case of his absence or failure to +know his place of residence, the debt may be deposited with the Court's treasury and the +deposit receipt, with respect to rehabilitation, shall be deemed as an acquittance. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (223 ) + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 107 + 1. An application for rehabil itation accompanied by supporting documents shall be +submitted to the Court, which has rendered the judgment declaring the bankruptcy and +liquidation. +2. The Court shall send a copy of the application to the Public Prosecution and the +Department of Commercial or Professional Register where the debtor is registered, as +the case may be, and shall notify the creditors whose debts have been accepted in the +bank ruptcy proceedings of the application for rehabilitation. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (224 ) +The Public Prosecution shall submit to the Court, within twenty (20) working days from the +date of receipt of a copy of the application for rehabilitation, a report containing the da ta of +the judgments rendered against the debtor declared bankrupt in bankruptcy crimes, trials or +investigations conducted with him in this regard and its opinion on the acceptance or +dismissal of the application for rehabilitation, provided that such opin ion is reasoned. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (225 ) +Each creditor whose debts have been accepted and who does not gain his right may file an +objection to the application for rehabilitation within fifteen (15) working days from the date +of being notified. The objection shall be filed under a written request to be submitted to the +Court accompanied with the supporting documents. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (226 ) +The Court shall, after the expiry of the period set forth in article (225) of this Decree -Law, +notify the creditors who have filed objections to the application for rehabilitation of the date +of the hearing set for adjudicating the application. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (227 ) +1. The Court shall adjudicate on the application for rehabilitation by a judgment that may + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 108 + be appealed before the competent Court of Appeal. +2. If the application for rehabilitation is dismissed, such application may not be re - +submitted before the lapse of six (6) months from the date of the issuance of the final +judgment dismissing the application. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (228 ) +If an investigation is initiated , before adjudicating the application for rehabilitation, against +the debtor declared bankrupt with regard to any of the bankruptcy crimes, or a criminal +action is instituted against him with regard to such crimes, the Public Prosecution shall +immediately notify the Court of the same and the Court shall suspend the adjudication of +the rehabilitation application until the conclusion of the investigations without instituting a +criminal action, or rendering a final judgment in this regard. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (229 ) +If the debtor is convicted by virtue of a final judgment of any of the bankruptcy crimes, after +the issuance of the rehabilitation judgment, the latter judgment shall be null and void and +the debtor may not be rehabilitated again except after satisfying the co nditions referred to in +article (220) of this Decree -Law. + +Part Seven +Final Provisions +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (230 ) +3. Articles (417), (418), (419), (420) (421) and (422) of Federal Law No. (3) of 1987 Issuing +the Penal Code are hereby repealed. +3. Part V of Federal Law No. (18) of 1993 Issuing the Commercial Transactions Law is +hereby repealed. +3. Any provision contrary to or inconsistent with the provisions of this Decree -Law is +hereby repealed. + +Federal Decree -Law No. (9) of 2016 concerning Bankruptcy 109 + +Article (230 ) +Bis +The Cabinet shall issue the resolutions necessary for the implementation of the provisions of +this Decree -Law, including the modification of any periods set out therein, upon the +proposal of the Minister. + +" +economy and business,Federal Decree by Law No. (9) of 2016 Concerning Bankruptcy,"Article (231 ) +This Decree -Law shall be published in the Official Gazette and shall come into force three +months following the date of its publication. + + +Khalifa bin Zayed Al Nahyan +President of the United Arab Emirates + +Issued by us in the Presidential Palace, Abu Dhabi +On: 18 Dhul Hijjah, 1437 AH. +Corresponding to: 20 September 2016 AD. + + + " +economy and business,Cabinet Resolution No. (35) of 2016 Concerning the Executive Regulations of Federal Law No. (2) of 2014 Concerning Small and Medium-Sized Enterprises,"Article (1) +Definitions +For the purposes of this Resolution, the following words and phrases bear the meanings +ascribed to each, unless the context requires otherwise: +State : The United Arab Emirates. +Ministry : The Ministry of Economy. +Minister : The Minister of Economy. +Law : Federal Law No. (2) of 2014 Concerning Small and Medium -Sized +Enterprises. +SMEs : : Any sole proprietorship engaged in an economic activity, and of small, +medium, or micro size . +Council : The Council of Small and Medium -Sized Enterprises . +Program : The National Program for Small and Medium -Sized Enterprises . Cabinet Resolution of 20 16 Concerning the Executive Regulations of Federal Law of 201 4 Concerning Small and +Medium Enterprises 2 + +" +economy and business,Cabinet Resolution No. (35) of 2016 Concerning the Executive Regulations of Federal Law No. (2) of 2014 Concerning Small and Medium-Sized Enterprises,"Article (2) +Participation in International Fairs +For the purposes of allocating an adequate space for owners of the SMEs that are members of +the Program to showcase the national products in international fairs in which the State +participates, the following conditions shall be met: +1. A proof that these SMEs are wholly owned by nationals of the State shall be provided; +2. The owner of the S ME registered as a member of the local funds, associations or programs +concerned with SMEs, or any other entity approved by the Council, shall obtain a letter of +nomination to participate in the fair; +3. The SME shall have engaged in its business for at least six months; +4. Any other conditions as prescribed by the Council. + +" +economy and business,Cabinet Resolution No. (35) of 2016 Concerning the Executive Regulations of Federal Law No. (2) of 2014 Concerning Small and Medium-Sized Enterprises,"Article (3) +Provision of Information on International Fairs +The necessary information on foreign markets shall be provided to the owners of SMEs that +are members of the Program according to t he following: +1. Every Ministry, Departments of Economic Development, Chambers of Commerce and +Industry in the State, and funds and institutions concerned with local SMEs shall make +available the information referred to in this Article. +2. The Ministry shall sub mit the recommendations and periodical reports on foreign markets +as well as the necessary information to the Council to create a database of SMEs in +coordination and partnership with concerned entities. +3. The Ministry shall take the necessary measures to ci rculate the information mentioned in +Paragraph (2) of this Article to owners of the concerned SMEs. +4. The Council and competent entities, including the Ministry, shall always put in place the +advanced technology to make available the necessary information on foreign markets for +owners of the SMEs. Cabinet Resolution of 20 16 Concerning the Executive Regulations of Federal Law of 201 4 Concerning Small and +Medium Enterprises 3 + +" +economy and business,Cabinet Resolution No. (35) of 2016 Concerning the Executive Regulations of Federal Law No. (2) of 2014 Concerning Small and Medium-Sized Enterprises,"Article (4) +Additional Facilities to SMEs +Every person who obtains any information related to the SMEs database pursuant to Article +(3) of this Resolution shall not use such information for any purposes in contravention of the +legislation in force in the State or in detriment to third parties. + +" +economy and business,Cabinet Resolution No. (35) of 2016 Concerning the Executive Regulations of Federal Law No. (2) of 2014 Concerning Small and Medium-Sized Enterprises,"Article (5) +Additional Facilities to SMEs +The additional facilities granted to SMEs that have divisions specialized in research, +development and innovation, that real ized an economic success, include: +1. The priority to receive the facilities and incentives stipulated in the Law; +2. The priority to have a space in the local and foreign fairs organized by the State to +showcase the national products. + +" +economy and business,Cabinet Resolution No. (35) of 2016 Concerning the Executive Regulations of Federal Law No. (2) of 2014 Concerning Small and Medium-Sized Enterprises,"Article (6) +The additional facilities granted to inventors and patent proprietors in the State include: +1. The priority to receive the facilities and incentives stipulated in the Law; +2. The priority to receive financial facilities to complete the research and development stage s +towards innovation and invention, to serve the commercial marketing as defined by the +Council; +3. Invitation to participate in training and research programs in which the concerned entities +participate outside the State in order to acquire the skills, exper tise and best practices +necessary for their work; +4. The priority to participate in the local fairs organized by the relevant entities concerned +with innovation and invention. + + Cabinet Resolution of 20 16 Concerning the Executive Regulations of Federal Law of 201 4 Concerning Small and +Medium Enterprises 4 + " +economy and business,Cabinet Resolution No. (35) of 2016 Concerning the Executive Regulations of Federal Law No. (2) of 2014 Concerning Small and Medium-Sized Enterprises,"Article (7) +Insurance on SME +For the owners of SMEs to obtain the facilities and i ncentives provided for in the Law and this +Resolution, insurance contracts shall be taken out for SMEs with an approved insurer in the +State. Such insurance contracts shall include the following types: +1. Insurance against fire and accidents +2. Insurance for equ ipment and machinery + +" +economy and business,Cabinet Resolution No. (35) of 2016 Concerning the Executive Regulations of Federal Law No. (2) of 2014 Concerning Small and Medium-Sized Enterprises,"Article (8) +Final Provisions +The Minister shall issue necessary decisions for the execution of the provisions hereof. + +" +economy and business,Cabinet Resolution No. (35) of 2016 Concerning the Executive Regulations of Federal Law No. (2) of 2014 Concerning Small and Medium-Sized Enterprises,"Article (9) +Every provision contradicting or contravening the provisions of the present Resolution is +repealed. + +" +economy and business,Cabinet Resolution No. (35) of 2016 Concerning the Executive Regulations of Federal Law No. (2) of 2014 Concerning Small and Medium-Sized Enterprises,"Article (10) +This Resolution shall be published in the Official Gazette and shall enter into force from the +following day of its publication. + + +Mohammed bin Rashid Al Maktoum +Prime Minister + +Issued by Us: +Dated: 28 Dhu al -Qaida 1437 A.H. +Corresponding to: 31 August 2016 A.D. " +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (1) +The Financial Restructuring and Bankruptcy Law, attached with this Decree -Law, shall enter +into force and e ffect. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (2) +The provisions of Civil Procedure Law, as well as the provisions of Law of Evidence in Civil +and Commercial Transactions, shall apply to all matters not specifically stipulated in the law +attached herewith. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (3) +1. The Court shall, sua sponte and without fees, transfer all claims, legal proceedings, +grievances and actions, which are currently pending before them and are arising out of the above -referenced Federal Decree- Law No. (9) of 2016, to the Bankruptcy Court in +whatever condition they presently exist, as of the date on which the law attached +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 2 + herewith enters into force. +2. Clause (1) of this Article shall not apply to the legal proceedings and actions that are +already adjudicated or those set for pronouncement of judgment or ruling, so that the +judgments or rulings rendered in respect thereof shall continue to be subject to the rules +regulating the means of challenge that are applicable on their date of issuance. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (4) +The Cabinet shall, based upon the Minister's proposal, issue the executive regulations and +resolutions deemed necessary for the implementation of the law attached with this Decree +Law. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (5) +1. Federal Decree -Law No. (9) of 2016 on Bankruptcy, as amended, shall hereby be +repealed. +2. Any provision that goe s against or conflicts with the provisions of the law attached +herewith shall hereby be repealed. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (6) +The regulations and resolutions issued in implementation of the provisions of the +above -referenced Federal Decree- Law No. (9) of 2016 shall remain in full force and effect +until their substitute regulations and resolutions are issued in implementation of, and to such extent that does not conflict with, the provisions of the law attached with this Decree +Law. + + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 3 + " +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (7) +This Decree Law shall be published in the Official Gazette, and shall enter into force six (6 ) + months following the date of its publication. + + + + + + + + + + + + + + +Mohamed Bin Zayed Al Nahyan +President of the United Arab Emirates + +Issued by us at the Presidential Palace – Abu Dhabi +On: 17 Rabi' I, 1445 H +Corresponding to: October 2, 2023 + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 4 + Financial Restructuring and Bankruptcy Law +Introductory Part +Chapter One +General Provisions +Article (1) +Definitions +For the purpose of applying the provisions of this Law, the following words and ex pressions +shall bear the meanings assigned thereto respectively, unless the context requires otherwise: +The State + : The United Arab Emirates. + +The Ministry + : Ministry of Justice. + +The Minister + : Minister of Justice. + +The Regulatory +Authority + : The f ederal or local regulatory government authority +designated by the Executive Regulations of this Law. + +Competent +Judicial +Authority + : Federal judicial council and local judicial authorities, as +the case may be. + +Bankruptcy Court : The court of competent jurisdiction as specified in Article +(5) of this Law. +Bankruptcy : An organizational unit established at federal and local +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 5 + Department courts in accordance with article (9 ) of this Law. + +The Unit + : The Financial Restructuring and Bankruptcy Unit that is +established pursuant to article ( 12) of this Law. +Bankruptcy +Register + : The register referred to in Clause (5 ) of article (13 ) of this +Law. + +Roster of +Experts + : A list approved by the Unit as set forth in Clause (3 ) of +article (13) of this Law. + +Debto r : The natural or legal person referred to in Clause (1) of +article (3) of this Law and who has ceased to pay off its +debts or is experiencing a state of insolvency or financial +distress. +Financial Restructuring + : A set of measures aimed at helping the debtor keep on +performing its business activity and paying off its debts +through the application of a preventive settlement or +plan. +Preventive +Settlement : A set of measures taken at the request of the debtor, creditors or the regulatory authority, with the aim of +helping the debtor keep on performing its business +activity and paying its debts through applying a plan. The +debtor or its Board of Directors or its managers may be +prevented from managing the debtor's assets and +business. Such measures shall b e ratified and supervised +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 6 + by the Bankruptcy Court, with the assistance of the +Trustee, as the case may be. +Bankruptcy + : A set of measures aimed at settling the debtor's debts +vis-à-vis its creditors on a collective basis, through +liquidating the debtor's assets and businesses and +distributing the liquidation proceeds to the debtor's +creditors. +Debtor's Debts + : Debts owed by the debtor on the date of issuance of the decision to initiate the proceedings in accordance with +the provisions of this Law, or th ose arising from an +obligation owed by the debtor before the issuance of the +decision to initiate the proceedings. +Cessation of Payment + : The failure on the part of the debtor to pay off any debt due after (10) days have passed beyond the deadline +specif ied in the relevant notice, even if the debtor's assets +are valuable enough to pay off its debts, and even if the +debt that has not been paid is secured by securities that +are valuable enough to pay off the debt. + +Instability of the Debtor's +Financial +Pos ition + : The debtor's failure or expected failure to pay off its due +debts within three months as a result of an instability of +its financial position or experiencing financial distress. + +Entry : Inserting a note in the commercial register, bankruptcy +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 7 + register or any other register designated for registering the +traders or professionals. +Composition + : An agreement between the debtor and its creditors to +settle the debts after a final judgment establishing the +debtor's bankruptcy is rendered. +The Debtor 's +Assets + : All movable and immovable properties owned by the +debtor inside and outside the State, as well as all the +financial rights owed to the debtor by third parties, +whether payable immediately or later, and the rights +connected with any of them, in addition to any other item +that may have a current or future financial value, be it in +the debtor's possession or in the possession of third +parties, and whether due or undue, including moral +rights, pledged and unpledged property, but not including +the debtor's assets that may not be attached in +accordance with the provisions of the legislation in force +in the State."" +Debtor's +Business + : Business activities the debtor was practicing or which are +still practiced by the debtor, at the time of performing any +of the measures described in this Law. + +Bankruptcy +Estate + : All of the debtor's assets that are subject to bankruptcy proceedings in accordance with this Law. + +Trustee : The natural or legal person who is appointed to carry out +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 8 + and bankruptcy procee dings in accordance with the +powers conferred upon him under this Law. +Controller + : A person responsible for supervising the performance of +preventive settlement, and bankruptcy declaration +measures. +Insider + : A person who ex officio is familiar with u ndisclosed +information in relation to the debtor's business, assets, +person, financial position or management. The members +of the Board of Directors and the administrative staff of +the debtor and its subsidiaries and the parent company +shall all be deemed insiders. +Announcement + : The publication in two widely -circulated electronic or +paper daily newspapers released in the State; one of +which is published in Arabic and the other in English, or in +any other way determined by the court or the Bankruptcy +Depa rtment. +Related Party + : The Related Party shall include: + 1. If the debtor is a natural person: + a. The debtor's spouse, relative by blood or affinity up to +the third degree and persons who, by the nature of their +activity, have access to information in relation to the +debtor's financial situation, including the chief financial +officer, internal and external control officers or the +debtor's partner in a partnership. + b. For the purposes of this Law, the marital bond shall be +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 9 + deemed effective even if the m arriage occurs after the +transaction has been completed or where the marital +bond ends during the year preceding any transaction +related to the underlying disposition. + 2. If the debtor is a legal person. + a. The subsidiaries of such legal person. + b. Memb ers of the Board of Directors or senior executive +management of the legal person. + c. Members of the Board of Directors or senior executive +management of the subsidiary company. + d. Every person who owns (5% ) or more of the shares of +the legal person or any of its subsidiaries. + e. Relatives up to the third degree or partners of the +persons and entities specified in clauses (a, b, c and d) +above. + f. Savings funds for persons working in the legal person. + g. Enterprises, joint ventures and partnerships betw een +the legal person and any other entity. + h. Companies whose members of the Board of Directors +or of the senior executive management and their relatives +up to the third degree have the direct or indirect ability to +exercise effective influence over the l egal person. + i. A person who ex officio is able to get access to internal +information on the financial position of the debtor, +including the chairman and members of the Board of +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 10 + Directors, the Director General and the CFO, the internal +and external audito rs or the representative of the legal +person, as well as relatives of the above -mentioned +persons up to the third degree. + j. Any natural person charged with paying off the debtor's +debts. +Discontinuance +of Claims + : The suspension of any action or execut ive measure +initiated against the debtor as long as the same is related +to its assets or debts, with the exception of labor actions +and personal status actions, provided that estate -related +actions are excluded from personal status cases. +Ranking of +Creditors : Ranking of the categories of creditors by similarity of their +rights with respect to the debtor as follows: + 1. Creditors with ordinary debts. + 2. Creditors with debts secured by a mortgage, a special +lien over movable or immovable property or a gen eral +lien over the debtor's assets + For the purpose of discussing the preventive settlement +proposal, the plan or for any other purpose stipulated in this Law. +Required +Majority + : The majority required to consider the matter presented to the creditors' m eeting approved. Such majority is +established when voting is made according to the ranking of creditors and the following conditions are met: + 1. Creditors having at least more than half of the debts +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 11 + must be attending the meeting during which the voting +takes place. + 2. The approval of the creditor or creditors having +two -thirds of the debts represented at the meeting must +be present. +Viability of the Debtor's +Business' +Continuation + : The debtor's ability to pay off its debts or to get its business back to profitability upon approval of the +preventive settlement or proposal. This ability is proven +according to a technical report to be drawn up by the +Trustee. +Existing +Business + : It is an economic enterprise that is sold on the basis of the assumption tha t it will continue to carry out its activities, +including its physical and moral elements such as the trade name, industrial or commercial licenses or other +licenses, real estate, movables, tools, equipment, usufruct +or lease agreements, commercial reputat ion and contact +with customers, in addition to other physical and moral elements that make up that business and are necessary +for continuation of carrying out the activity. +Precautionary Measures + : Measures taken by the court with the aim of safeguarding +and managing the debtor's assets or bankruptcy estate +and precluding all fraudulent acts to conceal the same, +including affixation of seals on the debtor's business +premises or appointing a temporary Trustee to manage +the debtor's assets or setting restri ctions on the debtor or +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 12 + any debtor -related party with regard to disposing of its +property or preventing it and any members of the Board +of Directors, managers, members of the Board of +Directors or managers of any company related to the +debtor from travelin g during a certain period or until a +specific measure is taken. +Financial +Emergency + : An incident that befalls the debtor, resulting in a disturbance in its financial situation and its inability to +pay off its debts or its cessation of payment as a resul t of a +general situation that affects trade or investment in the State, such as an outbreak of an epidemic, a natural or environmental disaster, a war or other events. The reason +for such situation and its duration shall be determined by +a decision of the Cabinet based on the Minister's +proposal. +Day : The formal working day in the State. +Exchange Rate : The exchange rate of the UAE dirham against foreign currencies as announced by the Central Bank of the UAE +(CBUAE ). +Balance Sheet : The debtor's balance sheet and profit and loss account. + + + + + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 13 + Article (2) +Objectives of the Law +Upon applying or interpreting the provisions of this Law, the following objectives shall be +observed: +1. Maintain the vitality of the national economy. +2. Preserve the rights of credito rs. +3. Provide assistance to the debtor to settle its debts with its creditors, in addition to +avoiding liquidation of its business and declaration of bankruptcy as much as possible. +4. Enhance the proceedings in a fair, equitable, prompt and organized manner. +5. Ensure fair distribution to creditors and ensure that creditors whose claims are of the +same nature are treated on an equal footing. +6. Safeguard and protect bankruptcy estate. +7. Maximize the value of bankruptcy estate as much as practically possible. + +Article (3) +Scope of Application +1. The provisions hereof shall apply to: +a. That companies that are subject to the provisions of Commercial Companies Law; +b. Any natural person having the capacity of a trader; and +c. Licensed civil company of a professional nature. +2. The provi sions hereof shall not apply to: +a. The companies wholly or partially owned by the federal or local government, and +whose establishment laws, memoranda or articles of association provide that they +are subject to special provisions that regulate their preventive settlement, or +bankruptcy proceedings to the contrary of this law; +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 14 + b. The companies and establishments established in the free zones that are subject to +special provisions that regulate their preventive settlement, or bankruptcy proceedings; +c. The banks, fin ancial institutions and insurance companies licensed by the Central +Bank and which are subject to special legislation that regulates their preventive +settlement, or bankruptcy proceedings, within the scope of the mechanisms +established by such legislation; and +d. The debtor's debts incurred for personal, family or consumption purposes, including +the purchase of commodities or services or the purchase of real property for the +debtor's personal or family residence. + +Article (4) +Notification of Regulatory Author ities +No application may be filed in relation to any debt owed by any of the companies and corporate bodies that are supervised by the regulatory authorities unless and until ten (10) +days have passed following the notification of the competent regulatory authority. + +Article (5) +Bankruptcy Court +Federal and local courts shall have the jurisdiction, according to the rules of jurisdiction set forth in the Civil Procedure Law, to adjudicate on the disputes arising out of the application of this law and shall decide on the applications submitted thereto in accordance with the +provisions hereof. In addition, the competent judicial authority may designate the courts having the jurisdiction to adjudicate on the disputes arising out of the application of this law +and to decide on the applications submitted thereto in accordance with the provisions +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 15 + hereof. One or more courts or divisions shall be established within the said courts and shall +be vested with the jurisdiction to adjudicate on such disputes and applicatio ns. Such a court +or division, as the case may be, shall be referred to as the Bankruptcy Court. + +Article (6) +Experts and Auditors Providing Assistance to Bankruptcy Court +1. The Bankruptcy Court may seek the assistance of a sufficient number of experts and +auditors to be selected by the competent judicial authority. +2. If the expert or auditor is not listed in the roster of experts kept with the competent +judicial authority, they shall take the oath before the Chief Justice of the Bankruptcy +Court to perform the ir duties faithfully, honestly and truthfully, and to abide by the +professional standards and ethics. An oath- taking report shall be drawn up and kept in +the expert's file with the Bankruptcy Department. +3. The experts and auditors shall perform expertise dut ies on every matter for which the +court engages an expert. +4. The experts and auditors shall be entitled to remunerations depending on the duties +assigned to them by the Bankruptcy Court. such remunerations shall be determined +based on a report of the compete nt judicial authority, and in light of the report to be +issued by the Bankruptcy Court on the duties performed by the experts and auditors. The remuneration shall be disbursed from the budget of the competent judicial authority. + +Article (7) +Bankruptcy Co urt's Judgments +Judgments rendered by the Bankruptcy Court according to this law shall become immediately enforceable once rendered with no need to be served, and their stay of +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 16 + execution may only take place in the cases prescribed under this law. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (8) +Bankruptcy Court's Decisions +Decisions issued by the Bankruptcy Court according to this law shall become writs of +execution, and the Bankruptcy Department shall affix the executive form thereon according +to the procedures prescribed by law. Such decis ions shall become immediately enforceable +once issued with no need to be served, their enforcement may not be challenged or stayed unless the Bankruptcy Court decides to reverse or stay the execution of the underlying +decision either sua sponte or at the r equest of the debtor or any of creditors, the Trustee or +any other interested party, or based on a judgment to be rendered by the Bankruptcy Court +on the stay of execution application that is submitted within the petition of challenging the +decision or whi le the Court of Appeal is hearing the challenge. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (9) +Bankruptcy Department +1. An organizational unit to be known as ""Bankruptcy Department"" shall be established at the Bankruptcy Court's headquarters, and shall be headed a judge whose rank is not le ss +than an appeal judge. +2. The Bankruptcy Department shall have a sufficient number of employees to provide +assistance to the Department's manager for carrying out its functions and competences. + + + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 17 + " +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (10) +Bankruptcy Department's Functions +The Bankrup tcy Department shall perform the following functions: +1. To receive and register the applications to be received according to the provisions of this +law; +2. To serve notices to the interested persons according to the provisions of this law; +3. To ensure that the ap plications for preventive settlement,, declaration of bankruptcy and +others types of applications satisfy the information, data and documents described in +this law; +4. To notify the interested persons of the decisions to be issued by the Bankruptcy Court +unde r this law and announce the same; +5. The oversee the management of the debtor's assets and business, ensure the speedy progress of proceedings and enforce the necessary precautionary measures established +by the Bankruptcy Court, as described in this law; +6. To m eet the creditors in order to discuss with them any matters considered by the +Bankruptcy Court. Such meetings shall be chaired by the Head of the Bankruptcy Department or his designee; +7. To summon the debtor or his heirs, clients, employees or any other pers on in order to +hear their statements on any matter related to the debtor's debts, assets or business; and +8. To perform any other functions defined in this law or entrusted thereto by the head of the competent judicial authority. + + + + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 18 + " +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (11) +Submission to Head of Bankruptcy Department +The Bankruptcy Department shall submit all applications, notices, objections, grievances +and memoranda received thereby to the head of the Bankruptcy Department or his designee +as soon as they are received, in order for the appropriate course of actions to be taken with +regard thereto. If the matter is related to a proceeding brought before the Bankruptcy Court, +the Department shall submit the same to the Court not later than the day following the day +of receipt thereof, in order for the Court to take the appropriate course of actions with regard +thereto. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (12) +Financial Restructuring and Bankruptcy Unit +1. A unit, to be known as the ""Financial Restructuring and Bankruptcy Unit"", shall be +established in the Ministry, an d shall comprise a sufficient number of employees having +experience and specialty in financial, legal or economic affairs. +2. The Unit shall have an administrative staff to be appointed or assigned under a +resolution of the Minister to help perform its duties . In addition, the Unit may seek the +assistance of any persons of experience or knowhow to help it perform its functions. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (13) +Financial Restructuring and Bankruptcy Unit's Functions +The Financial Restructuring and Bankruptcy Unit shall perform t he following functions: +1. To coordinate with the regulatory authorities and competent Bankruptcy Courts for +managing the financial restructuring and bankruptcy proceedings for the companies and +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 19 + corporate bodies supervised by the regulatory authorities; +2. To gi ve opinion on the applications filed for initiating the proceedings, preventive +settlement proposal, plan, composition and debtor's assets liquidation and distribution +plan, in respect of the debts of the companies and corporate bodies supervised by the +regulatory authorities, in coordination with the competent regulatory authority; +3. To approve the roster of experts in the financial restructuring and bankruptcy affairs to +perform the functions of Trustees or other duties according to the provisions of this law, +and to set the conditions and procedures of listing and registration in the roster of +experts; +4. To create, and submit to the Minister for approval, a reference schedule showing the fees of Trustees and controllers to be appointed according to the provis ions of this law, and +any costs incurred by them in connection with the preventive settlement, or bankruptcy +proceedings; +5. To create and organize a bankruptcy register in order to record therein the applications +filed in relation to financial restructuring and bankruptcy and which are governed by the +provisions of this law, and any action taken with regard thereto; +6. To create and organize a register for the persons against whom court judgments are rendered imposing or revoking any restrictions ordered by the court according to the +provisions of this law. The Executive Regulations of this law shall specify the form of the +register, the data to be listed therein and the persons having the right to get access +thereto and the relevant conditions, and all other relevant provisions; +7. To supervise the unified e -platform that is created with the aim of building an +all-inclusive database for the purposes of this law, through coordination and electronic +linkage with the competent federal and local courts, Bankruptcy Depar tment and other +relevant entities; +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 20 + 8. To coordinate with the competent judicial authority for qualifying and training the +judges, Trustees and lawyers on the and bankruptcy proceedings performed by the courts, in order to stay up -to-date with the global stand ards; +9. To submit periodic reports to the Minister on its activities, achievements and suggestions +on the duties entrusted thereto; +10. To perform any other functions provided for in this law or entrusted to the unit under a +resolution of the Cabinet. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (14) +Use of Modern Technology +All the procedures set forth in this law may be carried out through modern technology, +including, in particular: +1. Submission of applications; +2. Service of notices and notification; +3. Grievances, objections and appeals; +4. Attending an d voting on the meetings; and +5. Attending the hearings. + +Chapter Two +Initiation of Proceedings +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (15) +Submission of the Application by the Debtor +1. The debtor may submit to the Bankruptcy Department an application for the initiation of preventive settle ment, or bankruptcy proceedings, not later than sixty (60) days from the +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 21 + cessation of payment date or from the date on which it becomes aware of information +confirming that it would be unable to pay off its debts when they fall due, unless any of the credi tors or regulatory authorities has submitted an application for initiating the +proceedings within the aforementioned period. Failure to submit the application within +the deadlines stipulated in this clause does not result in the application not being +admit ted. +2. If the debtor submits an application to initiate bankruptcy proceedings, the debtor shall +be prevented from disposing of its property as of the date of the application's +submission, and any disposal of its property shall be invalidated as of that date . The +same shall not apply to unattachable property or the property necessary to support the debtor and its dependents and the legal costs in relation to the application for the initiation of proceedings. The debtor shall manage its assets and business unless the +Bankruptcy Court decides, sua sponte or upon motion of the debtor, any of the creditors, +the Trustee, or the unit, if the debtor is supervised by the regulatory authority, to appoint +a temporary Trustee to manage the debtor's assets and business. +3. The Executive Regulations of this Law shall determine the minimum amount of debt that +the debtor has failed to repay or would have been unable to repay when due, referred to +in clause (1 ) of this Article. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (16) +Submission of the Application by Cred itors +1. An ordinary creditor or a group of ordinary creditors may submit an application to initiate or Bankruptcy Proceedings in the event that the debtor defaults on any or more +debts owed to them, provided that this debt is unconditional, undisputed and payable. In +addition, the value of the debt shall not be less than the amount determined by the +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 22 + Executive Regulations of this Law on the date of submitting the application, provided +that the applicant has previously served a notice to the debtor of the neces sity to pay off +the debt owed by the latter, not later than (30) thirty days from the date of the notice and +the debtor has not taken the necessary measures to repay such debt. +2. The provisions of clause (1) of this Article shall apply to creditors whose deb ts are +secured by a mortgage on the debtor's property or a transfer of a right over the cash flows generated from the debtor's property or businesses and to creditors whose debts +are secured by a mortgage or lien, provided that the value of the securities guaranteeing +their rights on the date of submitting the application is less than the value of the debtor's +debt with respect to the individual creditor's application or to the collective creditors' +application by a difference not less than the amount deter mined in the Executive +Regulations of this Law for the individual creditor and for the collective creditors. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (17) +Creditor's Discontinuance of its Claim for Debt +If the creditor or any of the creditors refrains from claiming its debt due to the s ettlement of +such debt or an agreement with the debtor to postpone its repayment or for any other +reason after submitting the request, the debtor is not considered to have defaulted if the +remaining debt to the remaining creditors is less than the prescrib ed limit. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (18) +Submission of the Application by the Regulatory Authority +1. The regulatory authority may submit an application to initiate proceedings or a bankruptcy application regarding any debtor supervised thereby. In addition, it shall +submit evidence that the debtor is in a state of cessation of payment or in a state of +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 23 + inability or instability in respect of its financial position, provided that it has notified the +debtor and grant it an opportunity to respond within a period not exceeding (30) thirty +days from the date of notification. Failure to submit the application within the period +stipulated in this clause shall not result in the application not being admitted. +2. The Executive Regulations of this Law shall determine the minimum amount of d ebt that +the debtor fails to pay off or is expected to fail to pay off, and also determine the +minimum amount of the default in the financial position realized and is expected +referred to in clause (1 ) of this Article. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (19) +Multiple Applications +1. If multiple applications are submitted regarding the debts of the same debtor, they shall all be combined, and a single action shall be taken regarding them altogether. If these +applications include a preventive settlement application, a application and a bankruptcy +declaration application, the submitted applications shall be considered a request to +initiate proceedings as an original request and a request to initiate bankruptcy proceedings as an alternative request. The Bankruptcy Court issues its decision not to +admit the preventive settlement application. +2. If there are multiple applications submitted by the debtor, the application for the +initiation of preventive settlement proceedings shall take precedence over the +application, and the application shall t ake precedence over the bankruptcy declaration +application, in addition, the application submitted first shall take precedence and the applications submitted thereafter shall be deemed alternative applications. A decision +may not be made on the alternative application unless the court does not issue its +decision to admit the original application. +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 24 + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (20) +Applications Filed on Corporate Debts +1. If the debtor is a company, it is permissible to submit an application for the initiation of +proceedings regar ding its debts, even if it is in a state of liquidation or a court order is +issued to dissolve the company and it continues as a real company, and the provisions +contained in article (244 ) of this Law apply to its partners. +2. Admitting the application shall result in the suspension of cases whose subject matter is +the liquidation of the company or its placement under judicial receivership until a final +decision is issued, unless the Bankruptcy Court decides otherwise. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (21) +Applications filed on Debt s of a Deceased, Retired or Incapacitated Debtor +1. Subject to the provisions of article (16 ) of this Law, an application to initiate the +proceedings may be submitted after the death of the debtor, its retirement from trade or +its loss of capacity within the two years following the death or the removal of the trader's +name from the commercial register or its loss of capacity. Notices shall be sent to the +deceased debtor to its last domicile without the need to designate heirs. +2. Subject to the provisions of Arti cle (15) of this Law, the debtor's heirs may submit an +application for the initiation of proceedings within the two years following death. If the +heirs do not agree to submit the application, it may be submitted by any of them. In this case, the Bankruptcy Court may decide to save the application or admit the application +for the initiation of proceedings according to what it deems to serve the interest of the creditors of the deceased debtor and the heirs. +3. The debtor's heirs or their legal representatives s hall a person to represent them in the +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 25 + proceedings in accordance with this Law. Failure to do so within (10) ten days from the +date of notification thereof by the Bankruptcy Department, the Bankruptcy Court shall +designate any of the heirs to represent the m, and the court may dismiss the heirs' +representative and appoint another of the heirs or a person acting on their behalf. +4. If the application is submitted by or against an incapacitated debtor, it shall be +represented by the Trustee. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (22) +Data o f the Application +The application shall be submitted by the debtor or the regulatory authority, indicating the +required proceedings and its reason, the previously -submitted applications and the related +measures, if any. The following documents shall be att ached to the application: +1. A statement that includes a brief description of the debtor's economic and financial +situation and information about its property, in addition to detailed data about its +employees, as well as a statement of the value of their dues owed by the debtor, if any. +2. A copy of the debtor's commercial or industrial license and commercial register. +3. A copy of the commercial books or financial statements in relation to the debtor's +business for the three (3) fiscal years preceding the date of s ubmitting the application. +4. A statement of the cases filed by and against the debtor, and the estimated amount for each. This statement shall not constitute an acknowledgment by the debtor of the +validity of these debts. +5. A statement of all cases, execution proceedings or other proceedings to be halted as a +result of the issuance of the decision to initiate the proceeding, in accordance with this +Law or based on the Bankruptcy Court's decision. +6. A report including the following information: +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 26 + a. The debtor's cash f low expectations and profit and loss expectations for the one -year +period following the submission of the application. +b. A statement of the names of known creditors and debtors, their electronic and +physical addresses, their telephone numbers, the value of t heir rights or debts and +the guarantees provided therefor, if any, as well as the ranking of these creditors and +debtors. +c. A detailed statement of the debtor's property and the approximate value of each of such property on the date of submitting the application, as well as a statement of any +guarantees or rights of third parties arising therefrom. +d. A statement of real estate dispositions or dispositions of movable and immovable property based on the debtor's records and commercial books, as well as the value of each disposition, its date and the person to whom it was disposed of, within (3 ) three +years before the date of submitting the application, accompanied by a statement from the competent authorities regarding the dispositions of movable or immovable +prop erty that have been recorded in the registers of those authorities. +7. Nominate a Trustee nominated by the applicant to assume the duties of the Trustee or bankruptcy Trustee, in accordance with the provisions of this Law. +8. A statement of whether the debtor is able to manage its property and desires to manage +the same and the supporting documents thereof, or whether the interest of the creditors +requires appointing a Trustee to assume management and the justification and +supporting evidence therefor. +9. A statemen t of any precautionary measures that the interest of creditors requires to be +taken, and whether the interest of creditors requires taking them urgently, as well as +justification and supporting evidence therefor. +10. A statement of whether or not the debtor fo r whom an application for a preventive +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 27 + settlement or is submitted is in need of obtaining financing during the period following +the date of issuance of the decision to initiate the proceedings until the approval of the preventive settlement or plan or not, in which former case, a statement of the estimated +total value of the financing required during the aforesaid period, its purposes, duration, +guarantees and its consequences on the preventive settlement or plan and on the rights +of creditors whose debts a re secured and other creditors. +11. If the applicant is a representative of the legal person, the application shall be +accompanied by a copy of the decision of the competent authority in the company +authorizing him to submit an application to initiate the proc eedings and a copy of the +company's incorporation documents and articles of association and any amendments thereto. +12. Any other information, data or documents that support the information contained in the +application or requested by the Bankruptcy Department . In case the applicant fails to +provide any of the data, information or documents required in accordance with the +provisions of this Article, it shall state the justifications for such failure in his application. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (23) +Submission of Data, Information and Documents +1. If the applicant fails to submit data, information and documents in accordance with article (22) of this Law due to its inability to obtain them from the entity holding the +same, the Bankruptcy Court may order any person who has the requ ired information, +data and documents to submit them within a period it specifies if it deems them +necessary to decide on the application. +2. No person or entity may refrain from submitting the data, documents, and information +requested by the Bankruptcy Court to be submitted on the grounds that the law requires +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 28 + such person or entity to maintain their confidentiality. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (24) +Application Submitted by the Creditor +The application submitted by the creditor shall contain a statement of the reasons and shall +be accompanied by a copy of the notice described in article (16) of this Law and any data, +information and documents in relation to the debt and its guarantees. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (25) +Costs and Guarantee +1. Except for the applications submitted by regulatory authorities, the applicant shall +deposit with the court treasury a sum of money or a bank guarantee. The Executive +Regulations of this Law shall determine its rate based on the total debts or assets of the +debtor on the date of submitting the application or the t otal debts owed to the creditor +submitting the application if the application is submitted by the latter, in order to cover +the expenses and costs of the initial proceedings for deciding on the application. +2. The Head of the Bankruptcy Department may decide to determine the deposit of a smaller amount, and he may also postpone the deposit of the amount or guarantee set +forth in Clause (1 ) of this Article in the event that the applicant is the debtor and does not +have the necessary liquidity for deposit on the date of submitting the application, or +where the initial proceedings do not require any costs. +3. The applicant may request a refund of the deposited sum of money or the bank +guarantee if the application is dismissed, in accordance with the procedures and +provisions set out in the Civil Procedure Law. + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 29 + " +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (26) +Notifying the Financial and Bankruptcy Unit +The Bankruptcy Department shall notify the Unit of application for initiation of the +proceedings and their attachments and of every decision and proceed ings taken therein, not +later than (10) ten days from the date of submitting those applications to the Bankruptcy +Department or from the date of taking the decision or proceedings. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (27) +Evaluation of the Debtor's Position +Within (10) ten days fro m the date of being notified of the application or within the period +specified by the Bankruptcy Court, the Unit shall evaluate the debtor's position with respect +to the debts owed to institutions and companies supervised by the regulatory authorities. +Furthermore, the Unit shall submit a report to be drawn up thereby in coordination with the +competent regulatory authority at the Bankruptcy Department, provided that the report +includes the following elements: +1. Explain the extent to which a preventive settlem ent or is possible or not. +2. State whether the debtor's property is sufficient to cover the costs or not. +3. State whether or not precautionary measures are required to be taken urgently and the +justification therefor. +4. State whether the debtor is able to manage its business and assets on its own or whether +its interest and the interest of the creditors require that the management of the debtor's business and assets be entrusted to the Trustee. +5. Nominate the Trustee recommended to be appointed to complete the or bankruptcy +proceedings and his fees. +6. Any other recommendations that the Unit deems appropriate. +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 30 + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (28) +Notification of the Application +1. The Bankruptcy Department shall notify the debtor of the application, not later than (10) +ten days from the date o f its submission if the application was not submitted by it, and +the debtor shall provide its response to the application not later than (10) ten days from +the date of its notification. In addition, it shall submit all the information, data and +documents s tipulated in article (22 ) of this Law, unless the debtor requests from the +Bankruptcy Court to exempt it from submitting the data, documents and information +due to the lack of conditions for admitting the application and the court approves its +request. If the Bankruptcy Court obligates the debtor to submit the required data, +information and documents, the latter shall submit the same not later than the date +specified by the court. +2. During the period referred to in Clause (1) of this Article, the Bankruptcy D epartment +shall notify the creditors whose details are included in the application, who may provide +their response to the application, not later than (10) ten days of the day of their +notification. +3. During the period referred to in Clause (1) of this Articl e, the Bankruptcy Department +shall notify the Unit and the regulatory authority if the debtor is supervised by the +regulatory authority. The Unit and the regulatory authority may submit what they deem +appropriate, not later than (10) ten days from the date of their notification. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (29) +Waiver of the Application +1. Except for the cases where an application to initiate the proceedings is submitted by the +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 31 + debtor, the applicant may waive the same at any time before the Bankruptcy Court +issues a decision th ereon or before taking any precautionary measures with regard +thereto. +2. The Bankruptcy Court shall issue its decision to dismiss the application without +prejudice, unless any other person who may submit the application in accordance with +this Law has submit ted another application or submitted a memorandum of its response +to the application and expressed its desire to proceed with the proceedings. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (30) +Subpoena and Impleader of Persons +In accordance with conditions that provide for appropriate and adequate protection for +creditors, the Bankruptcy Court may order the impleader of any natural or legal person into +the proceedings stipulated in this Law if that person's assets are intertwined with the +debtor's property in such a way that is difficult to separate them or if the court considers that +it would not be practical or cost -effective to initiate separate proceedings with respect to +such persons. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (31) +Setting the Cessation of Payment Date +1. The Bankruptcy Court shall decide on the applicatio n within (10) ten days from the +expiry of the periods specified for responding thereto, by issuing a decision to initiate +preventive settlement, or bankruptcy proceedings. In addition, it shall specify in its +decision a temporary cessation of payment date. +2. If the decision to initiate the proceedings fails to designate the date on which the debtor defaults, the date on which the decision to initiate the proceedings is issued shall be +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 32 + considered a temporary cessation of payment date. +3. If the decision to initiate the proceedings was issued after the death of the debtor or after +its retirement from trade or loss of capacity, and the cessation of payment date was not +specified, the date of death, retirement from trade or loss of capacity shall be considered +a temp orary cessation of payment date. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (32) +Amendment of Cessation of Payment Date +The Bankruptcy Court may, sua sponte or upon motion of the debtor, any of the creditors, +the Trustee or other relevant parties, amend the temporary cessation of payment date until +the date of approving the list of debts. After the expiration of this period, the date designated +for cessation of payment shall be considered final. In all cases, the cessation of payment date +may not be backdated to more than two years prior t o the date of issuance of the decision to +initiate the proceedings. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (33) +Inadmissibility or Dismissal of the Application +1. The Bankruptcy Court shall issue its decision not to admit the application if the +documents, data and information stipulated in article (22) of this Law are not submitted, +or if they are submitted incomplete without an excuse acceptable to the court. +2. The court issues its decision to dismiss the application if its conditions are not met. +3. If it becomes clear that the application s ubmitted by the creditor was intended only to +cause harm the debtor, the debtor and anyone aggrieved by the application may claim +for compensation for the damage, and a liability case shall be filed before the Bankruptcy +Court. +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 33 + 4. If it becomes clear that the request submitted by the debtor was intended only to harm +the creditors and discontinue their claims, the creditors and anyone aggrieved by the +application may claim for compensation for the damage, and a liability case shall be filed +before the Bankruptc y Court. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (34) +Precautionary Measures +1. The Bankruptcy Court may, sua sponte or upon a motion submitted thereto by the Unit, +if the debtor is supervised by the regulatory authority, by the regulatory authority or by +any relevant party, may decide to take any precautionary measures. +2. The Bankruptcy Court may, sua sponte or upon a motion submitted thereto by the +debtor, issue its decision to discontinue claims. +3. The decisions of the Bankruptcy Court referred to in Clauses (1 ) and (2) of this Article +shall be reasoned. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (35) +Announcement of the Decision +1. The Bankruptcy Department shall, not later than (10) ten days following the date of +issuance of the Bankruptcy Court's decisions relating to application to initiate the +proceedings, dismissal, inad missibility or termination of proceedings, announce the +decision, notify the relevant parties and request the securities markets to disclose the +decision if the debtor is listed there, in addition to requiring the debtor to publish the +same on its website, unless the court decides to suffice with any of these methods. +2. The Bankruptcy Court may decide to announce the decision in any of the daily newspapers issued in a foreign country if a large number of the debtor's creditors, +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 34 + property or businesses are loca ted in that country or for any other reason determined by +the court. +3. In all cases, the decision issued with regard to the application to initiate the proceedings +shall be recorded within the period stipulated in Clause (1 ) of this Article. +4. All decisions st ipulated in the provisions of this Law and its Executive Regulations shall +be announced, not later than (10) ten days following the date of issuance of the decision, +and the court may suffice with recording the decision in the bankruptcy register and the +commercial register. + +Chapter Three +Appointment of the Trustee and Controller +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (36) +Appointment of the Trustee +If the Bankruptcy Court decides to admit the application to initiate or bankruptcy +proceedings, the Trustee nominated by the Unit shall be designated in the same decision, +and his fees shall be estimated in accordance with the provisions of this Law. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (37) +Appointment of Multiple Trustees +1. The Bankruptcy Court may, sua sponte or upon motion of the debtor or the Unit, if the +debtor is supervised by a regulator authority, assign the Unit to nominate more than a +Trustee and suggest the amount of their fees, and it shall issue its decision to appoint them and approve their fees. +2. If there are multiple Trustees, they shall work together, and the Trustees shall be jointly +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 35 + responsible for their work, and it is permissible for them to act on behalf of each other. +However, they may not delegate third parties without obtaining the permission from the Bankruptcy Court, and the Trustee and whoever represents him shall be jointly +responsible. The court may divide the duties among the Trustees or entrust any of them +with a specific mission. In which latter case, the Trustee shall only responsible for the +mission he is assigned to perform. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (38) +Appointment of Trustee Following Approval of Creditors List +1. In all cases in which a decision is issued to appoint a Trustee after approving the list of +creditors, or in cases in which the Bankruptcy Court issues a decision to replace the +Trustee or appo int a new Trustee, the Bankruptcy Department shall call all creditors +within (10) ten days following the date of issuance of the decision, including creditors +with secured debts, to nominate a Trustee and estimate his fees. The Bankruptcy +Department may, i n coordination with the Unit, develop a list of not less than (3 ) three +candidates to be selected from. The Head of the Bankruptcy Department or his +representative shall chair this meeting, and the nominated Trustee shall be appointed +based on the approval of the required majority. +2. If the Creditors' Committee stipulated in article (63 ) of this Law approves the selection of +the Trustee as described in Clause (1) of this Article and his fees are estimated, the +Bankruptcy Department shall, not later than (10) ten days of the creditors' meeting, +announce the outcome of the meeting to the Bankruptcy Court so that the latter can +approve the selection of the Creditors' Committee and issue a decision to appoint the +Trustee and estimate his fees. +3. In the event that th e Creditors' Committee does not agree on appointing the Trustee and +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 36 + determining his fees, the Bankruptcy Court may appoint the Trustee and determine his +fees from a list prepared by the Bankruptcy Department in coordination with the Unit, in which the numb er of candidates shall not be less than three (3 ). + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (39) +Appointment of Legal Person as Trustee +If a legal person is appointed as a Trustee, it shall nominate one or more representatives to +assume the duties of the Trustee, and the Trustee shall be responsible for its representative. +In all cases, the Trustee's representative shall be a person registered in the Unit's Roster of +experts. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (40) +Applications of the Trustee +The Trustee appointed in accordance with the provisions of this Law may submit to the +Bankruptcy Department any application to take a decision that would help him perform his +mission in the appropriate manner, and the same includes, for example, an application to +appoint or delegate one or more Trustees to assist him in any o f the matters for which he is +responsible. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (41) +Persons Prohibited from Being Appointed as Trustees +The following persons may not be appointed as Trustees: +1. Any of the creditors. +2. Debtor -related party. +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 37 + 3. Any person against whom a final judgment has b een issued in a felony or misdemeanor +of theft, embezzlement, fraud in commercial transactions, breach of trust, fraud, forgery, +perjury, bribery or any of the crimes stipulated in this Law or any misdemeanor affecting +the national economy, even if he has been acquitted. +4. Any person who, during the last two years preceding the submission of the application +to initiate the proceedings, was a partner of the debtor, an employee thereof, an auditor +of its accounts or its attorney. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (42) +Duties of the T rustee +The Trustee shall carry out his duties under the supervision of the Bankruptcy Department, +and he shall follow up on the proceedings promptly and ensure that he takes all measures +that provide protection for the interests of both the debtor and cred itors. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (43) +Powers of the Trustee +1. In cases where the Trustee is entrusted with the management of the debtor's assets and business, the Trustee shall safeguard those funds and act on behalf of the debtor in all +actions required to manage the debto r's assets and business. +2. If the debtor is supervised by the regulatory authority, the Trustee shall coordinate with the regulatory authority and the Unit, to ensure that the funds deposited in the debtor's account represent its own funds and not clients' f unds deposited therewith as a trust or +to perform an agreement concluded between the debtor and its clients. +3. If the debtor is a company, the Trustee shall have the same powers stipulated in the +company's articles of association for the board of directors, the chairman of the board, +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 38 + the CEO and the company director. +4. If any of the management's duties or any of the company's actions require the approval +of the General Assembly, the Trustee shall submit to the Bankruptcy Department an +application to present the matter to the Bankruptcy Court for approval, and the court +shall issue its decision on the application, not later than (10) ten days from the date of its +submission. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (44) +Trustee's Powers on Legal Proceedings Relating to Debtor's Assets and +Bus iness +In the cases referred to in article (43) of this Law, the Trustee may, with permission from the +Bankruptcy Court issued after hearing the debtor's statements or notification thereto, accept +settlement or accept arbitration in any dispute in relation to the debtor's property or +business, give up the debtor's right and admit the right of third parties. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (45) +Trustee -Debtor Relationship +Once appointed to take over the management of the debtor's assets and business, the Trustee shall take the following measures: +1. Receive, review and keep the debtor's correspondence in relation to the latter's business, +and he shall enable the debtor to review the same and hand over to the debtor any +correspondence of a personal nature or the correspondence that are subject to the rules +of professional confidentiality and are not related to the proceedings. +2. Estimate the reasonable amount of money to fulfill the necessary needs of the debtor +and its dependents. The Bankruptcy Court shall issue a decision approving or amending +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 39 + the estimate as a matter of urgency, and its decision in this regard shall be deemed final. +This amount shall not be considered among the debtor's property guaranteeing its debts. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (46) +Trustee's Handover of Amounts Received +1. The Trustee s hall credit any amount he receives with regard to the proceedings to a +special account in the bank determined by the Bankruptcy Court, not later than (2 ) two +working days from the date he receives that amount. In addition, he shall submit to the court a st atement of account of those amounts, not later than (5 ) five days from the date +of deposit. +2. In the event that the Trustee delays the deposit of any amounts he has received, which was required to be deposited, without justification acceptable to the court, it may oblige +him to pay a fine for each day of delay, not exceeding (9% ) on an annual basis of the +value of the amounts whose deposit is delayed. This fine shall be deposited in the account referred to in Clause (1 ) of this Article and shall be included in the general +guarantee for creditors. +3. In the event that the Trustee delays the deposit of any amounts he has received, which was required to be deposited, without justification acceptable to the court, the +Bankruptcy Court may decide to replace him with another Trustee. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (47) +Recording the Trustee's Activities +1. The Trustee shall record all actions taken in connection with the management of the +debtor's assets and business in the books and registers prepared for this purpose. The +notation may be ele ctronic, and the Unit, the creditors and representatives of the +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 40 + Creditors' Committee, as the case may be, and the debtor may review these books and +registers. +2. The Unit, the creditors and representatives of the Creditors' Committee, as the case may +be, and the debtor may request that they be provided with copies of the documents +available to the Trustee whenever they relate to the debtor's property or business, or that they be provided with data or information based on the books and registers referred to +in Clause (1) of this Article. +3. In the event that the Trustee refrains from providing the Unit or the creditors and representatives of the Creditors' Committee, as the case may be, or the debtor with +copies of the documents available thereto, any relevant part y may request the +Bankruptcy Court to order the Trustee to provide such party with the documents or +enable him to review them. In this case, the court shall issue its decision on the +application, not later than (10) ten days from the date of its submission . + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (48) +Objection to Trustee's Acts +1. In the event that the debtor is supervised by the regulatory authority, the debtor, the +creditors and the Unit may object before the Bankruptcy Court to the Trustee's activities +before they become effective. The objection shall result in a cessation of the objected +activity if the objection is submitted by the Unit. +2. In this case, the court shall issue its decision on the objection, not later than (10) ten days +from the date of its submission. + + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 41 + " +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (49) +Rep ort of the Trustee +The Trustee shall submit to the Bankruptcy Department and to the Unit, where the debtor is +supervised by the regulatory authority, a report on a monthly basis or on any other date +determined by the Bankruptcy Court on the status of the m anagement of the debtor's assets +and business and the progress of the and bankruptcy proceedings. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (50) +Determination of Scope of Trustee's Powers +The Trustee, the debtor, any creditor or the Unit, where the debtor is supervised by the +regulatory authority, may petition the Bankruptcy Court to issue a decision determining the +scope of the Trustee's powers regarding a specific issue or issues, provided that the same does not result in a cessation or disruption of the proceedings. In all cases, the B ankruptcy +Court has jurisdiction to issue whatever decisions it deems appropriate regarding the +Trustee's powers. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (51) +Fees of the Trustee +The Trustee shall receive his fees specified in the decision to appoint him, as well as the +necessary expen ses he incurs from the debtor's known property to manage the bankruptcy, +and the Bankruptcy Court may release payment -on-account of those fees and expenses. + + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 42 + " +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (52) +Appointment of the Controller +1. The Bankruptcy Court may, sua sponte or upon motion of the debtor, the creditors or the +Unit, where the debtor is supervised by the regulatory authority, assign the Unit or +creditors to nominate one or more controllers from among the persons registered in the +Roster of Experts and determine their fees, and the court shall issue its decision to +appoint them and approve their fees. +2. The controller shall, without interfering in the proceedings, draw up a report on the +progress of the proceedings in the event that the Bankruptcy Court requests so. The +provisions of Articles (39, 41 and 51) of this Law shall apply to the controller. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (53) +Replacement or removal of Trustee or Controller +1. The Bankruptcy Court may at any time, after taking the opinion of the Unit, where the debtor is supervised by the regulato ry authority, decide to replace the Trustee or +controller. The debtor and any creditor may also petition the court to replace any of them, if it is proven that his continued appointment causes damage to the interests of +the creditors or the debtor. The req uest shall not result in a cessation of the proceedings, +and the court shall issue its decision on the request within (10) ten days. +2. The Trustee or controller whom the Bankruptcy Court decides to replace shall cooperate +to the extent necessary to enable his substitute to assume his duties, and this provision shall apply to Trustees and controllers appointed before the entry into force of this Law. +3. The Trustee or controller may request the Bankruptcy Court to relieve him of his duties, and the court may appr ove such request and appoint a substitute, and it may determine +fees for the Trustee or controller whose request was approved against the services he +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 43 + performed. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (54) +Notices +1. Notifications and notices made in accordance with the provisions of this Law shall be +deemed effective if they are sent via e -mail or any other method agreed upon or +determined by the Bankruptcy Court, the Bankruptcy Department or the Court of +Appeal. +2. With the exception of notifications sent by the debtor, the representative o f the +Creditors' Committee, and representatives of the categories of creditors, the notice may be sent through means of notification. +3. The Bankruptcy Department, the Unit, the Trustee, the controller, the debtor, the representative of the Creditors' Committ ee, and the representatives of the categories of +creditors shall save the notices made via e -mail in the form in which they were sent, in a +paper or electronic record designated therefor. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (55) +Confidentiality of Debtor -Related Information and Dat a +1. The Trustee, the controller, the creditors, the Creditors' Committee and all proceeding -related parties shall be prohibited from disclosing any information, data or +accounts in relation to the debtor's financial position, its commercial relations or its +business secrets, of which they become aware during or because of their engagement in +the proceedings. Moreover, they shall be prohibited from using any of this information, +data or accounts for their personal benefit. +2. This information and data includes tr ade secrets and information of interest such as +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 44 + clients and supplier lists, research and development information, professional secrets +and other information of similar nature. + +Part One +Preventive Settlement +Chapter One +Application for Initiation of Preve ntive Settlement Proceedings +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (56) +Debtor's Submission of Application for Initiation of the Preventive +Settlement Proceedings +1. Subject to the provisions set forth with regard to the application for the initiation of +proceedings in the Preliminary Part of this Law, the debtor may submit an application for +the initiation of the preventive settlement proceedings if its business is vulnerable to any +of the following cases: +a. If he has defaulted or there are reasons that make it expect or fear inability to repay +all or any of its debts when they fall due. +b. If its creditors had previously disapproved a proposal for a preventive settlement or a +plan, or the Bankruptcy Court had decided not to ratify any of them, even if the same +was made for other debts of the debtor, for which the application was not submitted, +after three (3) months have passed from the date of the creditors' meeting or the +Bankruptcy Court's decision. +c. If a decision or judgment has previously been issued by the Bankruptcy Court to terminate th e preventive settlement proceedings or to terminate the proceedings, +even if the same was made for other debts of the debtor, for which the application +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 45 + was not submitted, after three (3 ) months have passed from the date of the +Bankruptcy Court's decision o r judgment. +d. If a final judgment has previously been issued declaring the debtor bankrupt, after its +rehabilitation in accordance with the provisions of this Law. +2. If the debt, for which the application is submitted, is still subject to any proceedings in +accordance with this Law in execution of a decision issued to initiate the proceedings, +the application may not be submitted. +3. As an exception to Clause (1) Paragraphs (B, C, D ) and Clause (2) of this Article, the +debtor may submit the application at any time if it attaches thereto evidence of the prior +approval of the required majority of creditors on the preventive settlement proposal, for +which the application is submitted. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (57) +Particulars of the Application for Initiation of Preventive Settlemen t +Proceedings and its Attachments +Subject to the provisions of article (22 ) of this Law, the debtor shall attach the following +attachments to the application for the initiation of the preventive settlement proceedings: +1. Data, information and documents indic ating that the necessary conditions to submit the +application for the initiation of the preventive settlement proceedings have been met. +2. A brief explanation of the preventive settlement proposal, indicating its conditions, execution method, the guarantees for its execution, if any, and the schedule for +execution. +3. A summary of the contracts and agreements proposed to be signed between the debtor +and creditors to execute the preventive settlement proposal. +4. The ranking of the creditors. +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 46 + 5. In the event that a Cre ditors' Committee is formed according to the ranking of creditors, +the debtor shall attach a list of the members of the said committee, indicating the name +of the representative for each group of creditors, their electronic email, physical address, +their p hone numbers and the documents indicating the appointment of these members +and representatives and the limits of their authorization by the creditors. +6. Procedures for calling a meeting of creditors to discuss the preventive settlement +proposal, the voting m echanism and the persons who has the right to vote. + +Chapter Two +Effect of Issuance of Decision to Initiate Preventive Settlement Proceedings +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (58) +Management of Debtor's Business and Assets +1. After a decision to initiate the preventive settlement pr oceedings is made, the debtor +shall continue to manage its business and assets as usual, and it may exercise all the +activities required to conduct its business in a way that does not harm the interests of +creditors, unless the Bankruptcy Court decides oth erwise. +2. The debtor may not carry out any activities outside the scope of its normal business without obtaining the approval of the Bankruptcy Court. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (59) +Suspension of Claims +1. The issuance of a decision to initiate preventive settlement proceeding s shall result in +the suspension of claims for a period of (3 ) three months following the date of issuance +of the decision. The Bankruptcy Court may, upon the debtor's request, extend the period +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 47 + of suspension of claims for one or more times, provided that the extension does not +exceed one month, and in all cases the period of suspension of claims shall not exceed +(6) six months. +2. The Bankruptcy Department shall, upon the debtor's request, provide the latter with a +certificate of suspension of claims and the duration of the suspension. +3. During the period of suspension of claims, the debtor shall exercise the necessary due +diligence to ensure that its creditors vote to approve the preventive settlement proposal. +It shall further provide creditors with all docume nts, information and data to enable +them to make a decision regarding the preventive settlement proposal, and it shall respond to any inquiries submitted thereto by creditors. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (60) +End of Claim Suspension Period +The claim suspension period shall come to an end in any of the following cases: +1. The Bankruptcy Court ratifies the preventive settlement proposal. +2. Issuance of a decision by the Bankruptcy Court to terminate preventive settlement +proceedings. +3. Expiration of the period stipulated in Clause (1 ) of article (59) of this Law. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (61) +Debts, Interest and Contracts +1. The issuance of the decision to initiate preventive settlement proceedings shall not result +in the maturity of the debts nor the cessation of the interests, and any provision to the +contrary in the contracts concluded with the debtor shall be deemed null and void. +2. The issuance of the decision to initiate preventive settlement proceedings shall not result +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 48 + in the suspension or termination of the debtor's valid contracts, including leas e +agreements, even if the contract stipulates otherwise. The party contracting with the +debtor shall continue to fulfill its contractual obligations as long as the debtor does not +cease to perform its obligations subsequent to the date of issuance of the d ecision to +initiate the proceedings. +3. With the exception of contracts covered by preventive settlement proceedings and in the +event that the debtor breaches any of its contractual obligations, and as an exception to +the suspension of claims, the Bankruptcy Court may, upon motion of the contracting +party, decide to terminate the contract. +4. The Bankruptcy Court may, upon the debtor's request, order the termination of any effective contract to which the debtor is a party if the same is necessary to enable the debtor to carry out its business or serves the interest of creditors, provided that the +termination does not lead to serious damage to the interests of the party contracting with the debtor, unless the court decides to compensate the contracting party on a f air +basis, in which latter case the contracting party has the right to engage in the preventive settlement proceedings as an ordinary creditor with regard to the compensation +resulting from the termination. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (62) +New Finance +1. The debtor may borrow or obtain banking facilities with or without guarantee, in accordance with what is stated in the application for the initiation of proceedings or in +any application submitted to the Bankruptcy Department after submitting the +application for initiation of t he proceedings and before a decision is issued thereon. +2. The debtor may borrow or obtain banking facilities after the issuance of the decision to +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 49 + initiate the proceedings, if the same is stipulated in the proposal or approved by the +required majority, unles s the Bankruptcy Court decides otherwise. It shall notify the +lender or the entity granting banking facilities that it is subject to preventive settlement +proceedings in accordance with this Law. +3. The Bankruptcy Court may, upon the debtor's request, and aft er taking the opinion of +the Unit, where the debtor is supervised by the regulatory authority, authorize the +debtor subject to preventive settlement proceedings to obtain new financing, whereby +the creditor has priority over any existing ordinary debt owed by the debtor on the date +of the decision to initiate the proceedings, as long as this financing is necessary for the debtor's business and does not cause damage the common interest of the creditors or +the preventive settlement proceedings. +4. The new financ ing may be secured by a mortgage arrangement on any of the debtor's +unmortgaged or mortgaged property, in which latter case, the mortgage shall come in the following rank to the mortgage or mortgages resulting from the property to be +mortgaged. +5. The new financing may be secured by a mortgage arrangement on any of the debtor's mortgaged property that is equal in rank to any existing mortgage on or ahead of the +property to be mortgaged. In this case, the approval of the previous -ranked mortgaged +creditors shall be obtained. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (63) +Formation of Creditors' Committee +1. Within (10) ten days following the date of issuance of the decision to initiate preventive +settlement proceedings, the debtor shall coordinate with the creditors to form a Creditors' Committee of representatives from the groups of creditors. The committee +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 50 + shall be chaired and represented by the creditor holding the largest amount of the +debtor's debts in each group, unless the required majority agrees or the creditors holding a majority of the creditors agree to appoint representatives for the group of creditors. +2. Subject to approval of the required majority of the creditors or the approval of the +creditors holding the majority of debts, the committee's representative may be removed +and replaced by a substitute representative. In the event that the latter fails to secure the +aforementioned approvals, the representative shall be appointed from among the +creditors holding the largest debts in a descending order. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (64) +List of Debt Categorie s and Rankings +The debtor shall submit to the Bankruptcy Department, within ( 10) ten days as of the end of +the period stipulated in article ( 63) of this Law, a list of debt categories, indicating the type, +amount, and ranking of the debt, as well as the cr editor's name and representative, and its +electronic email and physical address. Such list shall contain a statement on the formation of +the Creditors' Committee, indicating the name of the committee's representative and its +members, the category of debt r epresented by each member and the member's physical +address and electronic email. The Bankruptcy Court shall issue a decision approving the +formation of the committee within (10) ten days from the date of filing this formation, and +the Bankruptcy Departmen t shall notify the debtor, the creditors, the controller and the Unit, +where the debtor is supervised by the regulatory authority, of the such decision. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (65) +Representative of Creditors' Committee +1. The Creditors' Committee shall, within ten (10) days from the date of its notification of +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 51 + the decision to form the committee, determine the issues to be assigned to the +committee's representative and notify the debtor, the Bankruptcy Department and the Unit, if the debtor is supervised by the regulatory authority. As of the date of this +notification, the creditors shall be notified of all matters required to be informed through +the creditors' representative, as required by this Law. +2. The representative of the committee shall notify its members of the notif ications he +receives not later than the day following the date of receiving the same. The same +provision shall apply to the representative of each category of debt with respect to the +creditors of such category. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (66) +Preventive Settlement Proposa l +The preventive settlement proposal shall include the following: +1. The debtor's plan to carry out its activity. +2. A list of the names of known creditors and debtors, their electronic and physical addresses, their telephone numbers, the value of their rights o r debts and the guarantees +provided therefor, if any, updated until the date of submitting the preventive settlement +proposal. +3. Ranking of categories of creditors, the amounts owed to each of them, the guarantees provided against each debt and its value. +4. Confirm the viability of the debtor's business. +5. Terms and conditions for settling any obligations. +6. Any good performance in connection with the proposal, which is required to be provided by the debtor, if any. +7. Any offer to purchase all or part of the debtor's property on the basis of an existing and +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 52 + ongoing activity, or in parts, if any. +8. Grace periods and payment discounts. +9. The extent to which debt can be converted into shares or stocks in the capital of any +company or project. +10. The extent to which it is possib le to consolidate, create, redeem, sell or replace any +guarantees if the same is necessary to perform the preventive settlement proposal, +subject to the approval of the holders of the secured debts. +11. Propose a period or periods for repaying the entire debt. +12. The extent of the debtor's need for financing during the performance period of the +proposal, as well as the purposes and guarantees of such financing. +13. The mechanism for following up on creditors and the controller, if appointed, to perform +the proposal an d the reports submitted regarding its performance and the dates and +contents of submitting those reports. +14. Any other matters that the debtor deems instrumental with respect to the preventive +settlement proposal and considers necessary to be included in the proposal. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (67) +Filing of Preventive Settlement Proposal +1. The debtor shall file a copy of the preventive settlement proposal with the Bankruptcy Department, along with a summary of the proposal, within (3 ) three months following +the date of issuanc e of the decision to initiate the proceedings. The Bankruptcy Court +may extend this period for a similar period or periods based on the debtor's request after +consulting the Unit, and in all cases the required majority shall approve any extension +that would make the period for filing the preventive settlement proposal exceed (6) six +months. +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 53 + 2. The debtor shall, within the time stipulated in Clause (1 ) of this Article, notify the Unit, +where the debtor is supervised by the regulatory authority, the representative of +Creditors' Committee and members of the committee of the proposal and its +attachments. The representative of Creditors' Committee and each of its members shall +notify the group of creditors he represents of the proposal and its attachments not later +than the end of the day following the date of his receipt of the plan and its attachments. +3. In the event that the preventive settlement proposal is not submitted within the dates stipulated in this Article, the Bankruptcy Court may, based on a motion submit ted +thereto by any of the creditors or the Unit, where the debtor is supervised by the regulatory authority, terminate the preventive settlement proceedings. The court's +decision shall be issued within (10) ten days from the date of submitting the motion. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (68) +Content of the Proposal +The settlement proposal may be based on the debtor's assignment of part of its property in consideration of the settlement of its debts, in whole or in part, in order to pay off all debtor's debts in kind or in cash o r pay off part thereof in kind or in cash and to be +discharged of the rest or get the remainders deferred in a manner that the debtor becomes absolved from the debt or part thereof. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (69) +Calling on Creditors to Approve the Preventive Settlement P roposal +1. The debtor shall call on the creditors to approve the preventive settlement proposal, pursuant to a notice that includes the date and place of the meeting, in accordance with +the procedures contained in the preventive settlement proposal. The meeting shall be +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 54 + held at least ten (10) days after the date of sending the call for the meeting, and within a +period not exceeding (30 ) thirty days from the date of notification of the representative +of Creditors' Committee and members of the committee of the p lan and its attachments. +2. The debtor shall address the call, within the dates stipulated in Clause (1 ) of this Article, +to the Unit if the debtor is supervised by the regulatory authority and to the regulatory +authority. +3. The debtor shall chair the meeting, and with the approval of the required majority, the +creditors or other persons may be chosen to chair the meeting. +4. In the event that the debtor refrains from holding the meeting as set forth in Clause (1 ) of +this Article, the Bankruptcy Court shall, based on a motion submitted thereto by any of +the creditors or the Unit, where the debtor is supervised by the regulatory authority, call the creditors to hold the meeting. The meeting shall be chaired by the Head of the +Bankruptcy Department or his authorized r epresentative, to carry out all the measures +that the debtor should have undertaken in this regard. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (70) +Voting on Preventive Settlement Proposal +1. The right to vote on the preventive settlement proposal shall be limited to ordinary +creditors whose debts are finally approved. The Bankruptcy Court may authorize +creditors whose debts are temporarily approved to vote on the proposal, and it shall +determine the conditions and limits for granting this authorization. +2. The Bankruptcy Court may authorize the secured creditor to vote on the proposal with +the value of its secured debt, without the same affecting the security right, if the proposal +affects its secured rights. Creditors whose debts are guaranteed may not vote in other +circumstances unless they ab andon these guarantees in advance, and the abandonment +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 55 + shall be recorded in the minutes of the meeting. If the proposal is invalidated, the +guarantee covered abandoned shall be re -made effective. +3. The Bankruptcy Court shall decide on any conflict regarding the right to vote and who +chairs the meeting, within ten (10) days from the date of submitting a motion to the +Bankruptcy Department. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (71) +Explanation of and Voting on Preventive Settlement Proposal +1. The debtor shall provide a sufficient explanation for the settlement proposal items +during the meetings held for the discussion of the proposal and any amendments +thereto. Any of the creditors, Creditors' Committee, representative thereof or the Unit if +the debtor is supervised by the regulatory author ity may attend the meetings and +express opinions in connection with the preventive settlement or amendments thereto. +2. The debtor shall call the creditors to discuss the amendments recommended at other +meetings for the purpose of considering the amendments and voting thereon. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (72) +Approval or Rejection of Preventive Settlement Proposal +1. The preventive settlement proposal shall be deemed approved by the creditors when it is approved by the required majority. In the event that the proposal is not appro ved by the +such majority in the first meeting for the creditors, the meeting shall be postponed for a +period of (10) days, and another meeting shall be held for voting on this proposal. +2. In the event that the preventive settlement proposal is not approved b y the required +majority in the second meeting, the same shall be deemed as rejection for the preventive +settlement proposal. +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 56 + " +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (73) +Meeting Held for Voting on Preventive Settlement Proposal +1. A report shall be draw up on the outcomes of the meeting held for voting on the +preventive settlement proposal. Such report shall be signed by the present debtor and +creditor, who have the right to vote, as well as the representative of the Creditors' +Committee. In the event that any of the debtors refused to sign, the name thereof and +reason for refusal shall be recorded in the said report. +2. If the meeting is held via modern technology of communicating, the controller shall be +present. In the event that the controller has not been appointed yet, the representative o r +the Creditors' Committee or the representative of the Unit, where the debtor is +supervised by the regulatory authority, shall be present. +3. It is sufficient for the report to be signed only by the debtor and the controller, the debtor and representative of the Creditors' Committee or the debtor and the representative of +the Unit, as the case may be. +4. The Executive Regulations of this Law shall specify the conditions and controls for such +meetings. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (74) +Actions Depending on Voting Outcome +1. Not later than (10) ten days following the approval or rejection of the preventive +settlement proposal, the debtor shall inform the Bankruptcy Department,, controller and Unit, where the debtor is supervised by the regulatory authority, of the same and shall +attache d the approved or disapproved proposal and the minutes of the meetings, in +which the voting is made, as well as the documents containing a statement on the notices served for the appearance at the meetings and proof of appearance and voting. +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 57 + 2. In the event t hat the preventive settlement proposal is approved, the debtor shall +provide the application for ratification of the plan to the Bankruptcy Department, within +the notification described in Clause (1 ) of this Article. +3. The representative of the Creditors' Co mmittee or the representative of any group of +creditors or debtors holding a rate of (25% ) of the debts owed by the debtor shall serve a +notice in the event that the debtor fails to do so within the period specified in Clause (1 ) +of this Article. +4. Within (10) ten days following receiving the noticed referred to in Clause (1 ) of this +Article, the Bankruptcy Department shall inform all creditors of the same and of the +attachments thereof. +5. In the event that the preventive settlement proposal is disapproved, the Bankruptcy +Court shall, not later than (10) ten days following the notification of the Bankruptcy +Department, issue its decision to terminate the proceedings of the preventive settlement +and save the application. +6. The Bankruptcy Court may, in case of rejec tion of the settlement proposal, and based on +the request of the debtor, Unit, where the debtor is supervised by the regulatory +authority, the regulatory authority or the creditors, decide to initiate the or Bankruptcy +Proceedings, as it deems appropriate in the manner that serves the interest of the debtor and interest of the creditors. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (75) +Endorsement of Preventive Settlement Proposal +Within (10) ten days following the Bankruptcy Department's receipt of the notification on +approval by the creditors of the preventive settlement proposal and attachments thereof, the Bankruptcy Court shall endorse the proposal after verifying the fulfillment of the following +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 58 + conditions: +1. The preventive settlement proposal is approved by the required majority. +2. The pr eventive settlement proposal meets the standards of fairness, set hereinbelow: +a. The creditors are provided with complete information and granted sufficient time to +examine the preventive settlement proposal. +b. Never prejudice the procedures set for the meetin g of creditors and voting +mentioned in the preventive settlement proposal submitted to the Bankruptcy +Department before the initiation of the preventive settlement proceedings. +c. Subject to the existing rights of creditors, especially the rights of creditors who hold +mortgage and lien rights, and equality between rights holders with equal positions, +especially with regard to sharing losses and distributing new rights. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (76) +Rejection or Suspension of Endorsement of Preventive Settlement Proposal +1. The Bankruptcy Court shall issue a decision to disapprove or suspend the ratification of +the preventive settlement proposal in any of the following cases: +a. If the procedures of calling for the meeting or voting therein are invalid. +b. if the preventive settlement proposal is not approved by the required majority. +c. If the preventive settlement proposal fails to meet the standards of fairness in +accordance with the terms set in article (75.2) of this Law. +2. In case the ratification of the preventive settlement proposal is suspended, the Bankruptcy Court shall state the procedures required to be re -taken or amendments +required to be made thereto or the procedures required to be undertaken. A deadline shall be set for the debtor to fulfill the approval of the required majo rity on the amended +proposal, which shall be re -submitted to the Bankruptcy Department for ratification. In +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 59 + the event that the amended preventive settlement proposal is approved by the required +majority, the Bankruptcy Court shall ratify the same. If the c reditors do not approve the +creditors do not approved the amended proposal, the Bankruptcy Court shall decide to +disapprove the ratification. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (77) +Grievance Against the Decision Approving the Preventive Settlement +Proposal +1. Any of the creditors, w ho did not vote for the approval of the preventive settlement +proposal, file a grievance against the creditor's decision to approve the preventive +settlement proposal, not later than (10) days following the convention of the meeting for +creditors, in which the approval is given, if such creditor has attended this meeting and +disapproved the proposal or he was notified of the meeting date but has failed to appear +at the meeting with an excuse or from the date the creditor is notified by the Bankruptcy +Depart ment of the creditors' approval of the preventive settlement proposal, if he did +not attend the creditors' meeting because he was not notified of its date. +2. The Bankruptcy Court shall decide on the grievance with the same decision issued +ratifying the preve ntive settlement proposal. If the grievance is admitted, the court may +suspend ratification of the proposal to vote on the invalid procedure, amend the proposal or refuse the ratification thereof. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (78) +Effects of Preventive Settlement Proposal En dorsement Decision +1. The preventive settlement proposal ratified by the Bankruptcy Court shall be effective with respect to all the creditors included, including the creditors who disapproved the +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 60 + proposal and those who did not attend the meeting to vote on t he proposal. +2. The Bankruptcy Department shall announce, notify, and register in accordance with +article (35) of this Law every decision issued ratifying the preventive settlement +proposal, disapproving the proposal, suspending ratification, terminating the +proceedings, initiating proceedings or declaring bankruptcy, not later than (10) ten days +following the issuance of the decision. The Bankruptcy Court may simply record the +decision in the Bankruptcy Register and the Commercial Register. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (79) +Imp lementation of Preventive Settlement Proposal +1. The debtor shall implement the preventive settlement proposal in accordance with the terms agreed upon by the creditors and ratified by the Bankruptcy Court. It shall further +notify the Bankruptcy Department within (10) ten days from the date of completion of +the preventive settlement proposal. A statement of the debts that have been settled and the method of settlement shall be attached to the notification, as well as the document +proving the settlement. +2. The Ba nkruptcy Court shall issue a decision to complete the execution of the preventive +settlement proposal and the end of the preventive settlement proceedings within (10) +ten days from the date the Bankruptcy Department receives the notification, and the +provi sions article (78.2) of this Law shall apply to this decision. The Bankruptcy Court +may request the opinion of the controller, if appointed, regarding the completion of the execution of the preventive settlement before issuing the decision. It may also req uest +the opinion of the Unit, where the debtor is supervised by the regulatory authority, regarding the completion of the execution of the settlement, before issuing the decision. +3. Creditors, who challenge the validity of the debtor's notification regarding the settlement +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 61 + of their debts, may file a grievance against the decision referred to in Clause (2 ) of this +Article. If the grievance is admitted, the debtor shall execute the preventive settlement +proposal regarding the creditor whose grievance was admitt ed, and the preventive +settlement proposal shall be considered not executed with respect to this creditor. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (80) +Amendment of Preventive Settlement Proposal During Implementation +1. The debtor may, at any time during the implementation of the prevent ive settlement +proposal, serve a notice to its creditors to discuss any amendments deemed necessary to +be made to the proposal. Creditors shall be notified of the recommended amendments +and their justifications at least ten (10 ) days prior to the date set for the meeting. In the +event that the required majority approves the amended preventive settlement proposal, the debtor shall notify the Bankruptcy Department of this proposal, the minutes of +creditors' meetings and proof of attendance and voting and shall request its ratification. +The Bankruptcy Court shall, within (10) ten days from notifying the Bankruptcy +Department of the amended proposal, ratify the same if it meets the standards of +fairness stipulated in article (75.2) of this Law and obtains the ap proval of the required +majority. Otherwise, the ratification thereof shall be refused or suspended. +2. The decision to ratify the amended proposal may be challenged, in accordance with the +provisions stipulated in article ( 77) of this Law. + + + + + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 62 + Chapter Three +Termination of Preventive Settlement Proceedings Prior to Full +Implementation +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (81) +Cases where Preventive Settlement Proceedings May Be Terminated +The Bankruptcy Court may, based on a motion submitted thereto by any of the creditors +during the per iod following the decision to ratify the preventive settlement proposal and +before the proposal is fully executed, decide to terminate the preventive settlement proceedings, in any of the following cases: +1. Filing a criminal case against the debtor for any o f the crimes stipulated in this Law. The +application must be submitted not later than (6 ) six months following the date of filing +this case. It is also required that this case be filed after ratification of the preventive +settlement proposal and before its full execution, otherwise it shall be inadmissible. +2. A judgment is issued convicting the debtor of any of the crimes stipulated in this Law, subsequent to the ratification of the preventive settlement proposal and before it is fully +implemented. +3. If the deb tor fails to perform the terms of the preventive settlement proposal. +4. If the debtor dies and it becomes impossible to implement the preventive settlement +proposal. +5. If new events come to existence subsequent to the date of ratification of the preventive +settlement proposal that would make it impossible to continue the debtor's business or +affect the debtor's ability to implement the preventive settlement proposal, in a manner +that it is no longer expected that the debtor will be able to implement this propos al in +accordance with its terms. +6. If the debtor refuses to provide the information, data and documents whose provision is +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 63 + provided to be made by the debtor. +7. If the debtor commits a serious error in respect of managing its property or business +during the per iod following the issuance of the decision to initiate preventive settlement +proceedings. +8. If the debtor, upon submitting an application for the initiation of the preventive +settlement proceedings or thereafter, commits fraud, deception or provides misleadi ng +information, the court may, upon motion of the relevant parties, order the undertaking +of the precautionary measures it deems appropriate. These measures shall be canceled if +a final judgment acquits the debtor in the criminal case described in Clause (1 ) of this +Article. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (82) +Effects of Termination on the Sureties +1. The termination of the preventive settlement proceedings in accordance with Clauses +(81.1, 81.2 and 81.8) of this Law shall result in the Sureties being released from the +guarantee p rovided to implement the terms of the preventive settlement if the actions +that led to taking the proceedings referred to in these clauses were issued by the debtor before the decision to ratify the preventive settlement proposal was issued. +2. In all cases, the Sureties and the debt guarantors shall be required to attend the hearing +in which the application to terminate the proceedings is considered. +3. Terminating the preventive settlement proceedings due to the invalidity of their +proceedings shall result in t he release of the liability of the bona fide Sureties who +guaranteed the implementation of all or any of its terms. + + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 64 + " +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (83) +Termination of Preventive Settlement Proceedings upon Motion of Debtor +or Regulatory Authority +1. The Bankruptcy Court may, bas ed on a motion submitted thereto during the period +following the decision to ratify the preventive settlement proposal and before the +proposal is fully implemented, decide to terminate the preventive settlement +proceedings, in either of the following cases : +a. If the debtor submits an application to terminate the proceedings on the basis that +the conditions for initiating preventive settlement proceedings no longer apply to it +or that it is unable to implement the preventive settlement proposal in accordance +with the terms of the proposal. +b. If the debtor or the regulatory authority submits an application to initiate or bankruptcy proceedings. +2. The Bankruptcy Department shall notify the creditors, the Unit, where the debtor is +supervised by the regulatory authorit y, and the controller, as the case may be, of the +application within (10) ten days from the date of its submission, and the Bankruptcy +Court shall issue its decision to approve or disapprove the application, not later than (10) +ten days from the date of it s submission. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (84) +Judgment Terminating the Preventive Settlement Proceedings +1. If the Bankruptcy Court decides that the preventive settlement proceedings be terminated, it may, based on a motion submitted thereto by the debtor, the regulatory +auth ority or the creditors who are entitled to submit an application to initiate the +proceedings in accordance with this Law, decide to initiate the or bankruptcy +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 65 + proceedings. +2. The Bankruptcy Court may include, in its judgment terminating preventive settlement +proceedings, the placing of seals on the debtor's property. The judgment may also +include any other precautionary measures. +3. The Bankruptcy Department shall, not later than (10) ten days following the issuance of +the Bankruptcy Court's decision, terminate t he preventive settlement proceedings, +announce, notify and register the same in accordance with article (35 ) of this Law. The +Bankruptcy Court may suffice with recording the decision in the Bankruptcy Register and +the Commercial Register. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (85) +Debtor's Acts Following Issuance of Preventive Settlement Proposal +Endorsement Decision +The actions issued by the debtor after the issuance of the decision to ratify the preventive settlement proposal shall be effective vis -à-vis the creditors. They may not request its +invalidity except in accordance with the rules established regarding a claim for invalidity of +actions. Furthermore, this case shall not be heard after (2 ) two years have passed from the +date of termination of the proceedings. In all cases, it is not permissible to challenge any +action taken by the debtor in implementation of the ratified preventive settlement proposal. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (86) +Creditors' Refund of Debts Collected +Terminating preventive settlement proceedings shall not oblige creditors to refund the debts +they collected before the judgment or termination decision is issued, and these amounts +shall be deducted from the value of their debts. +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 66 + Part Two +Chapter One +Application for Initiation of Proceedings +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (87) +Submission of Application for Initiation of Proceedings +1. Subject to the provisions stipulated regarding the application for the initiation of +proceedings in the Preliminary Part of this Law, the debtor, creditors and the regulatory +authority may submit an application for the initiation of proceedings if the debtor's +business is viable, as follows: +a. If the debtor has ceased to repay its debts. +b. If the debtor is in a state of deficit in the financial position. +c. If the debtor's creditors have previously disapproved the plan or the Bankrup tcy +Court has issued a decision refusing to ratify the plan, even if the same was made for other debts of the debtor for which the application has not been submitted, the +application may not be submitted until three (3) months have passed from the date +of the creditors' meeting or the issuance of the aforementioned court decision. +d. If a decision or judgment has previously been issued by the Bankruptcy Court to +terminate the proceedings, even if the same was made for other debts of the debtor +for which the ap plication has not been submitted, the application may not be +submitted until three (3 ) months have passed following the date of issuance of the +aforementioned decision or judgment issued by the Bankruptcy Court. +e. It is not permissible to submit an application to initiate proceedings if a final +judgment has previously been rendered declaring the debtor bankrupt unless it has +been rehabilitated in accordance with the provisions of this Law. +2. If the debts, for which the application is submitted, are still subjec t to bankruptcy +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 67 + proceedings in implementation of a decision issued to initiate the proceedings in +accordance with this Law, the applicant shall rely on the fact that the debtor's business has become viable and attach evidence thereof to its application. +3. As an exception to Clause (1 ), Paragraphs (C, D and E ) and Clause (2 ) of this Article, the +application may be submitted at any time if it is accompanied by evidence of the +approval of the required majority on the plan for which the application is submitted. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (88) +Particulars of Application for Initiation of Proceedings and its Attachments +Subject to the provisions of article (22) of this Law, the application for initiation of +proceedings shall be accompanied by the following attachments: +1. Data, inform ation and documents indicating that the necessary conditions have been +met to submit the application for initiation of proceedings. +2. A brief explanation of the plan, indicating its conditions, the implementation method, the guarantees for its implementation, if any, and the schedule for implementation. +3. A summary of the contracts and agreements proposed to be signed between the debtor +and creditors to implement the plan. +4. In the event that the Creditors' Committee is formed according to the ranking of creditor s, a list of the members of such committee shall be attached, indicating the name +of the representative for each group of creditors, their electronic and regular e -mail and +phone numbers and documents indicating the appointment of these members and +representatives and the limits of their authorization from creditors. +5. Procedures for calling a meeting of creditors to discuss the plan, the voting mechanism and persons who have the right to vote. +6. In the event that some creditors initially approve the plan, a list of the names of these +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 68 + creditors shall be provided according to their ranking, the amount of the debtor's debts +with respect thereto, their guarantees and their percentage of the debtor's total debts. The applications submitted by the regulatory authorit y shall be exempted from +submitting the data, information and documents referred to in Clauses (1 ) (4) of this +Article. + +Chapter Two +Consequences of the Decision to Initiate Proceedings +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (89) +Management of Debtor's Business and Assets +1. After the iss uance of the decision to initiate the proceedings, the debtor shall continue to +manage its business and assets under the supervision of the Trustee, and it may carry out +all the actions required for its commercial activity in a way that does not cause damage +to the interest of the creditors, unless the Bankruptcy Court decides otherwise. +2. The Trustee may request the debtor, the creditors, the Unit, where the debtor is +supervised by the regulatory authority, the Bankruptcy Department, or the controller, as +the case may be, to provide him with any information or documents in their possession +regarding the debtor's debts, business or property. The Trustee may take all necessary +measures to monitor the debtor's financial operations and verify the soundness of the +debtor's management of its assets and business. +3. The Executive Regulations of this Law shall specify the actions and dispositions for which the debtor shall obtain the approval of the Trustee before undertaking them. + + + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 69 + " +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (90) +Preventing Debtor from Managing its Own Assets and Business +1. Within (10) ten days from the date of submitting the application, the Bankruptcy Court +may, sua sponte or based on a reasoned motion submitted by the Trustee, any of the +creditors or the Unit, where the debtor is super vised by the regulatory authority, decide +to prevent the debtor, its board of directors or its managers from managing his assets +and business and to entrust the management of the same to the Trustee. In this case, the +Trustee shall have all the powers of t he debtor, its board of directors and its executive +management, unless the court decides otherwise. +2. In all cases, the Bankruptcy Court's decision to admit or dismiss the application shall be +reasoned. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (91) +Trustee's Temporary Suspension of the Ma nagement of the Debtor's +Business and assets +If the Bankruptcy Court has appointed a temporary Trustee to manage the debtor's business +and assets, the temporary Trustee shall cease to manage the debtor's assets and business +and hand them over to the debtor within (10) ten days following the date of issuance of the +decision to initiate proceedings, unless the court decides otherwise. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (92) +Suspension of Claims +The issuance of a decision to initiate proceedings result in the suspension of claims from the +day following the date of issuance of this decision until the date of ratification of the plan. +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 70 + The Bankruptcy Department shall hand over to the debtor, upon its request, a statement of +suspension of these claims. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (93) +Expiry of Claim Suspen sion Period +The claims suspension period shall end in any of the following cases: +1. The Bankruptcy Court approves the plan. +2. The Bankruptcy Court issues a decision to terminate the proceedings. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (94) +Provisions Applicable to Contracts, New Financing and the Creditors' +Committee +The provisions stipulated in Part I of this Law regarding preventive settlement shall apply to +contracts, new financing and the Creditors' Committee. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (95) +Duties of the Trustee +1. The Bankruptcy Department shall notify t he Trustee of the decision issued to appoint +him within (10) ten days from the date of its issuance, and it shall provide him with all +the information it has about the debtor. The Trustee shall, not later than (10) ten days +from the date of being notified of the decision to appoint him, take the following +measures: +a. Announce a summary of the decision issued to initiate the proceedings, provided +that the announcement includes an notice to the creditors to submit their claims and +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 71 + the supporting documents and hand over the same to him within a period not +exceeding (30) thirty days from the date of the notification. +b. Inform all creditors whose electronic addresses are known to him, to provide him +with claims and documents not later than (30 ) thirty days following announcing the +summary of the decision to initiate the proceedings. +2. The debtor shall provide the Trustee with any additional details of which it has not +notified the Bankruptcy Department, whether about its creditors, debt amounts, details +of any contracts under implementation and any pending or ongoing judicial proceedings +to which the debtor is a party, within the time period specified by the Trustee. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (96) +Creation of Creditors Register +The Trustee shall create a register in which he records the data of all the creditors of the +debtor available thereto and shall submit an updated copy of the entries of such register to the Bankruptcy Department. He shall record the following details in the register: +1. The regular mail and email address of each cred itor, the amount of their claim and the +maturity date thereof. +2. Identify the creditors who hold debts secured by a mortgage or lien, along with details of +the guarantees designated for each of them and the estimated value of these guarantees +in the event of execution. +3. Any application for sett -off, to be submitted in accordance with the provisions of this +Law. +4. Any other data that the Trustee deems necessary to perform his duties. + + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 72 + " +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (97) +Requesting Data or Information Related to Debtor's Assets or Business +1. The Trustee may request any data or information in relation to the debtor's property or +business from any person who hold the possession of such information. Any person, +who has information about the debtor's property or business, shall provide the s ame to +the Trustee within ten (10) days from the date of request, including any documents and +books of accounts in relation to the debtor. +2. The Trustee shall maintain the confidentiality of any information in relation to the +debtor and refrain from disclosing the same outside the framework of the proceedings +set forth in this Law, except for information required to be disclosed in accordance with +the law, regulations or instructions of regulatory authorities. +3. If any person refuses to provide the Trustee with the requested information, the Trustee +may escalate the matter to the Bankruptcy Court to determine the importance of the +information that can be requested and order its submission to the Trustee. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (98) +Creditors' Handover to Trustee of Documents related to their Debts +1. All creditors, even if their debts are not payable or guaranteed by a mortgage or lien or are not established by final provisions, shall hand over to the Trustee, within the time +limit specified in the notice addressed thereto in ac cordance with article (95 ) of this Law, +the documents of their debts to the Trustee, attaching a statement of these debts and their guarantees, if any, in addition to indicating their maturity dates and amounts, +denominated in UAE dirhams based on the prev ailing exchange rate on the day the +decision to initiate the proceedings is issued. +2. The Trustee may request the creditor to complete its documents or provide clarifications +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 73 + about the debt by specifying its amount or nature. He may also request the certific ation +of any claims from an independent auditor or the creditor's comptroller. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (99) +Claims of Debtor's Sureties or Third Parties +The creditor who received an advance payment on account of its claim from the debtor's +Sureties or a third party shall deduct the amounts received thereby from any claim it submits +to the Trustee, and any of the debtor's Sureties or third parties may submit its claims to the +Trustee within the limits of the amount he paid in payment of the debtor's debt. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (100 ) +Verification of Debts and Creation of Debt List +1. The Trustee shall scrutinize the debts within (30) thirty days from the expiration date of +the period specified in article (95.1.B ) of this Law. In this regard, he may seek assistance +from the Unit, where the debtor is supervised by the regulatory authority, or the debtor. +2. After completing the debt scrutiny, the Trustee shall file with the Bankruptcy +Department a list of debts that includes the names of the creditors and the amount owed +to each of them as on the date of initiating the proceedings, its documents, the reasons +for the dispute over its debt, as well as the matters he deems appropriate regarding its +approval or rejection. It shall also include the names of the creditors who maintain +special securities on the debtor's property, the value of the amount owed to each of +them on the date of initiating the proceedings and a statement of the securities provided +to each of them and their estimated value on the date of the proceedings. +3. Within (10) ten days fo llowing the filing of the list of debts, the Trustee shall announce +the list and indicate the amounts of each debt that he deems acceptable and those that +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 74 + he deems disapproved. +4. Debts owed to the government resulting from the imposition of taxes or fees of various +kinds, or in relation to the settlement of securities market transactions, shall be +considered approved debts without the need for the Trustee's scrutiny, even if they are +the subject of a dispute by the debtor or third parties. The value of these debts shall be +adjusted in light of the final judgments issued regarding them. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (101 ) +Grievance against Debts Included in the Debt List +The debtor and every creditor, even if its name is not included in the list of debts, may file a +grievance with the Bankruptcy Department against the debts included in the list within ten +(10) days from the date of announcing the list, and the Bankruptcy Court has jurisdiction to +decide on the grievance. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (102 ) +Approval of the Final List of Undisputed Debt s +After the expiry of the period stipulated in article (101) of this Law, the Bankruptcy Court +shall approve a final list of undisputed debts, and the Trustee shall mark the statement +accompanying the documents for these debts indicating their approval and the value of the +debt approved. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (103 ) +Approval of List of Creditors Whose Debts Are Temporarily Approved +1. The Bankruptcy Court may, before deciding on the grievance or on the challenge filed +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 75 + against the judgment issued therein, decide to approve the debt in an amount it +estimates unless a criminal case has been filed in its regard. +2. The Bankruptcy Court approves the list of creditors whose debts are temporarily +approved, and the Bankruptcy Department notifies the Trustee thereof. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (104 ) +Disputes on Debt Security +If a dispute arises in relation to debt guarantees, it shall be temporarily admitted as an +ordinary debt. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (105 ) +Retention of Share of Temporarily -Approved Debt +The share of temporarily approved debt shall be retained from the proceeds of the sale of the debtor's property. When any distribution is made to creditors in accordance with the provisions of this Law, and if the Bankruptcy Court decides not to recognize the +temporarily -approved debt or it has been allocated, the re tained share shall be refunded in +proportion to the general guarantee for creditors. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (106 ) +Amendment of the List of Debts +1. A creditor, who does not submit documents supporting its debt within the dates +stipulated in article (95.1.B ) of this Law, m ay submit an application to the Trustee to +admit the same and engage in the proceedings. The Trustee's approval shall be certified by the Bankruptcy Court, in addition, the list of debts shall be amended and +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 76 + re-announced. Moreover, this creditor shall reco ver its debt from subsequent +distributions made on the date of approval of its debt. +2. If the Trustee dismisses the creditor's application or does not respond to the same within +(10) ten days from the date of its submission, the creditor may submit to the Bankruptcy +Court an application to approve the submission of its documents supporting its debt. The court shall issue a decision to admit or dismiss the application, not later than (10) +ten days following the submission of the application. If an order is mad e to approve the +debt, the list of debts shall be amended accordingly and the Trustee shall re -announce +the same. +3. The Bankruptcy Court may instruct the Trustee to submit a report on the extent of the +new debt's impact on the draft plan and submit the same to it for approval. In all cases, the proceedings stipulated in this Part shall not be halted. + +Chapter Three +Initiation of Proceedings +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (107 ) +Development of Plan +1. If the Bankruptcy Court issues a decision to initiate proceedings, the debtor, under the +supervision of the Trustee, shall develop a plan. The debtor may seek assistance from the +Unit, where the debtor is supervised by the regulatory authority, in respect of the +development of the plan, and the debtor shall file the plan with the Bankruptc y +Department within a period not exceeding ( 3) three months following the date of +issuance of the decision. The court may extend this period for a similar period or more +upon the debtor's request after hearing the statements to be provided by the Unit. In all +cases, the required majority shall approve any extension that would make the period for +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 77 + preparing and developing the plan exceed (6 ) six months. +2. In the event that the plan is not submitted within the period stipulated in Clause (1) of +this Article, the Bankruptcy Court may, based on a motion submitted thereto by any of +the creditors or the Unit, where the debtor is supervised by the regulatory authority, +terminate the proceedings. It issues its decision, not later than (10) ten days following +submitting the application. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (108 ) +Plan Particulars and Attachments +The plan shall include the following attachments: +1. The debtor's plan to conduct its activity. +2. A list of the names of known creditors and debtors, their electronic and physical +addresses, the ir phone numbers, the value of their rights or debts and the guarantees +provided therefor, if any, updated until the date of submitting the preventive settlement +proposal. +3. Ranking of groups of creditors, the amounts owed to each of them, the guarantees +provided against each debt and its value. +4. Confirming the viability of the debtor's business. +5. The debtor's activities that shall be suspended or terminated. +6. Terms and conditions for settling any obligations. +7. Any guarantees until the plan is implemented are req uired to be provided by the debtor, +if any. +8. Any offer to purchase all or part of the debtor's property on the basis of an existing and +ongoing activity or in parts, if any. +9. Grace periods and payment discounts. +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 78 + 10. The extent to which debt can be converted into shares or stocks in the capital of any +company or project. +11. The extent to which it is possible to consolidate, create, redeem, sell or replace any +guarantees if the same is necessary to perform the plan, subject to the approval of the +holders of the secure d debts. +12. Propose a period or periods for repaying the entire debt. +13. The extent of the debtor's need for financing during the performance period of the plan, +as well as the purposes and guarantees of such financing. +14. The mechanism for following up on creditor s and the Trustee to perform the plan and +the reports submitted regarding its performance and the dates and contents of +submitting those reports. +15. Any other matters that the debtor deems instrumental with respect to the plan +performance and considers necess ary to be included in the plan. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (109 ) +Periodic Report on Progress of Developing the Plan +The Trustee shall notify the Bankruptcy Department and the Unit, where the debtor is +supervised by the regulatory authority, on a monthly basis of the progre ss of developing the +plan. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (110 ) +Notification of Plan and Attachments +The debtor shall, within the time stipulated in Clause (1 ) of article (107) of this Law, notify +the Trustee, the Unit, where the debtor is supervised by the regulatory authorit y, and the +representative of the Creditors' Committee and members of the committee of the plan and +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 79 + its attachments. The representative of the Creditors' Committee shall notify the group of +creditors he represents of the plan and its attachments, not later than the end of the working day following the date on which he receives the plan and its attachments. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (111 ) +Content of Plan +A plan may be developed on the basis of the debtor giving up all or any of its assets in +consideration of settling all or any of its debts. It is permissible to pay all or part of the +debtor's debts in kind or in cash, convert the debts into ownership rights, sell the business or part thereof as an existing and ongoing activity and omit the remainder or schedule the +remainder so that the debtor is absolved of all or part of the debt. The plan shall be approved +by the general assembly of the debtor joint -stock company, based on a special resolution or +the entity having the powers of a general assembly in other companies. + +Chap ter Four +Approval and Endorsement of the Plan +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (112 ) +Provisions Applicable to Plan Approval and its Consequences +Notwithstanding the provisions of Articles (113 ) and (114) of this Law, the provisions set +forth in Chapter I of this Law regarding prev entive settlement shall apply to the approval of +the plan, to the grievance against this approval, to the ratification of the plan and the effect +of this ratification, to the implementation of the plan and the termination of its procedures +prior to its imp lementation. + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 80 + " +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (113 ) +Plan Approval Meeting +1. The debtor shall call the creditors to approve the plan pursuant to a notice containing +the date and place of the meeting, in accordance with the procedures contained in the +plan. The meeting shall be held not later than (30 ) thirty days from the date of notifying +the representative of the Creditors' Committee and the members of the committee of the +plan and its attachments. A notice shall also be served to the Unit, where the debtor is +supervised by the re gulatory authority, and to the regulatory authority. +2. The debtor shall chair the meeting, and with the approval of the required majority, the +Trustee, any of the creditors or third parties may be assigned to chair the meeting. +3. In the event that the debtor r efrains from holding the meeting as stipulated in Clause (1 ) +of this Article, the Bankruptcy Court, based on a motion to be submitted thereto by the +Trustee, any of the creditors or the Unit, where the debtor is supervised by the regulatory +authority, shall call the creditors to hold a meeting, and the Trustee shall chair the +meeting. +4. If attendance is via modern means of communication, the Trustee shall attend the +meeting, and in this case, it may be sufficient for the debtor and the Trustee or the +chairman of the meeting to sign the minutes. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (114 ) +Acts Depending on Plan Approval Meeting Outcome +1. The Trustee shall, within a maximum period of (10) ten days from the date of the +required majority's approval or rejection of the plan, notify the Bankrupt cy Department +and the Unit, where if the debtor is supervised by the regulatory authority thereof. The notification shall be accompanied by the approved or disapproved plan, minutes of +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 81 + meetings and sheet of attendance and voting. If the plan is approved, t he Bankruptcy +Court shall ratify the same. +2. The Bankruptcy Department shall, within (10) ten days from the date of its receipt of the +notification, notify the debtor and all creditors of the notification referred to in Clause (1 ) +of this Article and its att achments. +3. In the event that the plan is disapproved, the Bankruptcy Court may, within a maximum +period of ten (10 ) days from the date of notification of the Bankruptcy Department, issue +a decision based on the debtor's request to ratify the disapproved plan, provided that the rights of the creditors included in the disapproved plan are not less than the ones that +they would have in the event of the debtor's bankruptcy, after taking the opinion of the +Trustee in this regard and hearing the objections of the creditors, or by completing the proceedings and saving the application. The court may, based on a motion to be +submitted thereto by the debtor, the regulatory body or the creditors, issue a reasoned +decision to initiate bankruptcy proceedings, subject to t he provisions stipulated in this +Law regarding submitting the application for the initiation of the proceedings. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (115 ) +Supervision of Plan Implementation +The Trustee shall supervise the implementation of the plan throughout the plan's validity +term and until its implementation is completed. If the debtor is supervised by the regulatory +authority, the Unit shall coordinate with the Trustee to supervise the implementation of the plan in accordance with the provisions stipulated in article (116) of this Law. + + + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 82 + " +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (116 ) +Trustee's Obligations When Supervising the Implementation of Plan +When supervising the implementation of the plan, the Trustee shall take the following +measures: +1. Monitor the progress of the plan and notify the Bankruptcy Departme nt and the Unit, +where the debtor is supervised by the regulatory authority, of any failure to implement +the same. +2. Ensure that the sale of any of the debtor's assets that are decided to be sold in accordance with the plan shall be made at the best price de pending on the prevailing +market conditions on the date of sale and that the proceeds of the sale shall be exploited +in the manner stated in the plan. +3. If the debtor is subject to a regulatory authority, it shall submit to the Bankruptcy Department and Unit a report on the progress of implementing the plan on a +three -monthly basis, and any creditor has the right to obtain a copy of this report. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (117 ) +Amendment of the Plan +1. The debtor may, at any time during the implementation of the plan, after notifying the +Trustee and the Unit, where the debtor is supervised by the regulatory authority, call the +creditors to discuss any amendments it deems necessary to be made to the plan. +Creditors shall be notified of the proposed amendments and their justifications at least ten days prior to the date set for the meeting (10). +2. If the required majority approves the amendments, the debtor shall notify the +Bankruptcy Department of the amended plan, minutes of creditor meetings and sheet of +attendance and voting, and it shall request ratification of the amended plan. +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 83 + 3. Within (10) ten days of notifying the Bankruptcy Department of the amended plan, the +Bankruptcy Court shall ratify the same if it meets the standards of fairness stipulated in +article (75.2) of this Law and obtains the approval of the required majority. Otherwise, it +refuses to ratify the amended plan or suspends its ratification. +4. The decision to ratify the amended plan may be challenged in accordance with the +provisions set out in article (77) of this Law. + +Chapter Five +Termination of Proceedings Prior to Full Implementation +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (118 ) +Cases of Termination of Proceedings +1. The Bankruptcy Court may, based on a motion to be submitted thereto during the period following the decision to ratify the plan and be fore the plan is fully implemented, decide +to terminate the proceedings in either of the following cases: +a. If the debtor requests termination of proceedings based on the fact that the conditions for initiating proceedings no longer apply to it or that it is not expected +that the plan will be implemented in accordance with the terms of the plan. +b. If the debtor or the regulatory authority requests the initiation of bankruptcy +proceedings. +2. The Bankruptcy Department shall notify the creditors and the Trustee of t he application +within (10) ten days from the date of its submission, and the Bankruptcy Court shall +issue a decision approving or disapproving the application, not later than (10) ten days +following its submission. + + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 84 + " +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (119 ) +Judgment Establishing Te rmination of Proceedings +1. If the Bankruptcy Court decides to be submitted thereto by the debtor, the Trustee, the +regulatory authority or any of the creditors, decide to initiate bankruptcy proceedings. +2. The Bankruptcy Department shall, within ten (10) days following the date of issuance of +the decision, announce, notify and register the same in accordance with article (35) of +this Law. The Bankruptcy Court may suffice with recording the decision in the +Bankruptcy Register and the Commercial Register. + +Part Three +Declaration of Bankruptcy +Chapter One +General Provisions +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (120 ) +Initiation of Bankruptcy Proceedings +Subject to the provisions regulating the application for initiation of the proceedings in the +Preliminary Part of this Law, as well as cases of preventive settlement and cases of in which +the Bankruptcy Court may issue a decision to initiate bankruptcy proceedings, the court +shall issue its decision to initiate bankruptcy proceedings if the following conditions are met: +1. The debtor has become un able to repay its debts. +2. There is a deficit in the debtor's financial position. +3. The debtor's business is not viable. + + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 85 + " +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (121 ) +Issuance of a Decision to Initiate Bankruptcy Proceedings +The Bankruptcy Department shall refer the file of the application for the initiation of +proceedings to the Bankruptcy Court within (10) ten days from the date of submitting the +file to issue a decision to initiate bankruptcy proceedings. A report of the proceedings +undertaken with regard to the application since its sub mission until the issuance of the +decision to initiate the proceedings shall be recorded in the file, with a statement of the +factual and legal justifications for the decision. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (122 ) +List of Debts +1. Where a list of debts has not previously been pre pared in accordance with the provisions +stipulated in Chapter II of this Law relating to proceedings, the Trustee shall prepare a list +of debts and get the same ratified by the Bankruptcy Court. +2. Where a list of debts has previously been prepared, the Trust ee shall, within (10) ten +days from the date of his notification of his appointment or from the date of announcing +the decision to initiate bankruptcy proceedings, if he was appointed, assign the creditors +to submit any final claims that had not been previously submitted within (10) ten days +from the date of their notification. The Trustee may entrust this assignment through a notice, and any claims received after this date shall not be taken into account unless +there is a reason acceptable to the Bankruptc y Court. +3. As an exception to the provisions stated in Clauses (1 ) and (2) of this Article, the +provisions of the debt list stipulated in Chapter II of this Law regarding proceedings shall +apply to preparing and updating the debt list. + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 86 + " +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (123 ) +Claims Dismissed +Any claims previously dismissed by the Bankruptcy Court shall not be admitted, once the +dismissal decision becomes final. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (124 ) +Voluntary Preparation of Debt List +The Trustee is not obligated to conduct or complete a debt audit or prep are a list thereof if it +becomes clear to him that all proceeds from the sale of the debtor's assets are incurred to +pay the fees, charges and costs of initiating the proceedings. + +Chapter Two +Effects of Issuance of Decision to Initiate Bankruptcy Proceed ings +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (125 ) +Affixation of Seals +1. The Bankruptcy Court assigns an employee of the Bankruptcy Department to, within (10) ten days following the date of issuance of the decision to initiate Bankruptcy +Proceedings, affix seals on the debtor's businesses, offices, stores, books, papers and +movables, in addition, a report shall be drawn up on the affixation of seals, which shall +be submitted to the court. +2. If the Bankruptcy Court comes to know that it is possible to conduct an inventory of the +debtor's assets in one day, it may assign whomever it deems appropriate to carry out the +inventory without the need to affix seals. + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 87 + " +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (126 ) +Cases in Which the Seals May Be Affixed +1. The seals may not be affixed to the clothing, movables and necessary items of the debtor +and its dependents, which are handed over to the debtor as per a list signed thereby. +2. The Bankruptcy Court may order not to affix or remove seals from commercial books, +negotiable instruments and other papers that are payable soon or that require +procedures to preserve established therein, the sum of money necessary for expenses in +respect of the urgent affairs of the debtor's business, damageable items or the items vulnerable to immediate decrease in value or whose maintenance requires heavy +expense s, as well as items necessary to carry out the debtor's business if it is decided to +continue the exercise thereof. +3. The inventory of the items mentioned in Clause (2 ) of this Article shall be conducted in +the presence of a person designated by the Bankrupt cy Court for this purpose, and such +items shall be handed over to the Trustee. +4. Commercial books are not handed over until the Bankruptcy Court closes them in the presence of the debtor. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (127 ) +Removal of Seals for Inventory Counting of Debtor's As sets +The Bankruptcy Court shall order, upon the Trustee's request, the removal of the seals and inventory of the debtor's assets, and the removal of the seals and inventory shall begin, not later than (10) ten days following the issuance of the decision to initiate the bankruptcy +proceedings. + + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 88 + " +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (128 ) +Inventory Counting of Debtor's Assets +The inventory shall be conducted in the presence of the head of the Bankruptcy Department +or its delegate and the Trustee. The debtor, the Public Prosecution, the Unit, where the +debtor is supervised by the regulatory authority, and the regulatory authority shall be +notified of the day of the inventory, and they may attend. An inventory list shall be issued in +two copies to be signed by the head of the Bankruptcy De partment or its representative and +the Trustee, one of which shall be filed with the Bankruptcy Department and the other copy shall be kept with the Trustee. The assets on which the seals have not been applied or from +which the seals have been removed shall be mentioned in the list. It is permissible to seek +assistance from an asset evaluator with respect to conducting the inventory and evaluating +the assets. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (129 ) +Attendance of the Public Prosecution During Inventory Counting +The Public Prosecution has the right to attend the inventory, and it may, at all times, request to be given access to the papers and books concerning the bankruptcy and request +clarifications about their status, the progress of its proceedings and the management +method. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (130 ) +Death of Debtor During the Assets Inventory Counting +1. If the decision to initiate the proceedings was issued after the death of the debtor and an +inventory list was not prepared on the occasion of the death, or if the debtor died after +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 89 + the aforem entioned decision was issued and before starting to preparer the inventory +list or before completing the same, the list shall be prepared immediately or continued to +be prepared using the mechanism stipulated in article (135) of this Law, in the presence +of the debtor's heirs or after notifying them for the presence. +2. In the event of the death of the debtor after the issuance of the decision to initiate the +Bankruptcy Proceedings and the completion of the inventory list, its heirs shall take his +place in the Bankruptcy Proceedings and may appoint a person to represent them in this +respect. Otherwise, the Bankruptcy Court shall appoint a person to represent them in accordance with the provisions of article (21) of this Law. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (131 ) +Trustee's Receipt of Debtor's Assets, Books and Paperwork +1. After the inventory, the Trustee shall take over the debtor's assets, books and papers, and he shall subscribe its signature at the end of the inventory list to indicate so. +2. The Trustee shall receive letters received in the debtor's name and in relation to its business. The Trustee may initiate and keep the same, and the debtor may review such letters. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (132 ) +Trustee's Preparation of Balance Sheet +If the debtor has failed to submit the balance sheet, the Truste e shall prepare it immediately +and file the same with the Bankruptcy Department. + + + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 90 + Chapter Three +Management of the Debtor's Assets and Business +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (133 ) +Preventing the Debtor from Disposing of its Own Assets +1. As soon as a decision is issued to initiate Bankruptcy Proceedings, the debtor shall be +prohibited from disposing of its assets and businesses and from managing them, and the +Trustee shall assume the management of the debtor's assets and businesses. All actions +undertaken by the debtor on the day the aforementioned decision is issued are +considered to have undertaken after its issuance, and any action issued to the contrary shall be considered void and invalid. +2. The Trustee may file a case before the Bankruptcy Court to issue a judgment that the debtor's actions are invalidated. He may also submit the necessary applications to the +Bankruptcy Court to take the necessary precautionary measures to protect the rights of creditors. +3. The prevention of the debtor from disposing of its assets shall not preve nt him from +taking the necessary measures to preserve its rights in a way that does not cause damage to the interests of creditors. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (134 ) +Disposition That Cannot Be Invoked vis -à-vis Creditors +If the disposition is not valid and cannot be invoked unless upon notation, registration or +other procedures, it shall not be deemed effective vis -à-vis the creditors unless the +procedure is completed before the issuance of the decision to initiate bankruptcy proceedings. +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 91 + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (135 ) +Scope of Prevention of Debtor's Dispositions +1. The prevention of the debtor from disposing of its assets include all the assets owned by +it on the day the decision to initiate Bankruptcy Proceedings is issued and the assets +owned by the debtor after the issuance of this decisio n. +2. The prevention of the debtor from disposing of its assets does not include the following: +a. Unattachable assets and the subsidy decided to be granted thereto. +b. Money owned by third parties. +c. Rights connected with its person or personal status. +d. Compensations due to the beneficiary in a valid insurance contract concluded by the +debtor before the issuance of the decision to initiate bankruptcy proceedings. The beneficiary shall refund to the Trustee all insurance premiums paid by the debtor +starting from the day designated by the Bankruptcy Court as the date for cessation of +payment. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (136 ) +Permission to Debtor to Continue to Practice its Business +1. The Bankruptcy Court may, upon motion of the Trustee or the debtor, authorize the debtor to continue practicing its business if the public interest, the interest of the debtor +or the interest of the creditors so requires. The court shall, upon the Trustee's request, appoint a person to manage the debtor's business and determine his fees. The debtor +may be appoi nted for management, and the fees it receives shall be considered part of +cost. The Trustee supervises whoever is appointed for management, and the Trustee +shall submit a monthly report to the court on the progress of the debtor's commercial +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 92 + business. +2. The Bankruptcy Court shall request the opinion of the Unit, where the debtor is +supervised by the regulatory authority, regarding the applications submitted based on +Clause (1) of this Article. + +" +economy and business,Federal Decree-Law No. (51) of 2023 Promulgating the Financial and Bankruptcy Law,"Article (137 ) +Disposing of Debtor's Assets During Preliminary Proceedings Period +1. The debtor's assets may not be sold during the period of preliminary proceedings +extending from the date of submitting the application until a decision is issued thereon. +However, the Bankruptcy Court may, upon motion of the Trustee, the d ebtor or any of +the creditors, authorize the sale of perishable items or items whose maintenance +requires heavy expenses. It is also permissible to authorize the sale of the debtor's assets +to cover the bankruptcy expenses. +2. In the circumstances set forth in Clause (1 ) of this Article, the sale shall be made in the +manner determined by the Bankruptcy Court, and the court shall request the Unit, where +the debtor is supervised by the regulatory authority, to provide it with its opinion in this regard. + +Articl e (138 ) +Repayment of Debts to Secured Creditors +1. The Bankruptcy Court may, based on the Trustee's proposal, order, when necessary, that the first amounts collected for the bankruptcy account be used to repay the debts of +creditors who have a lien over the d ebtor's assets and whose names are included in the +final list of undisputed debts, within the limits of the amount of assets serving as guarantees for the debt on the date of payment of those amounts. +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 93 + 2. If there is a dispute over debts, it may not be repaid until the dispute is adjudicated by a +final judgment, and the Bankruptcy Court has jurisdiction to decide these disputes. + +Article (139 ) +Lien Created in favor of Government +The lien created in favor of the government shall not include taxes of all types e xcept the tax +due on the debtor before the issuance of the decision to initiate bankruptcy proceedings. + +Chapter Four +Contracts +Article (140 ) +Lease agreement +If the debtor is a lessee of the property in which it conducts business, the lease agreement +shall continue to be effective, and any condition to the contrary shall be void. + +Article (141 ) +Termination of Lease agreement +Notwithstanding the provisions of article (140) of this Law, the Trustee may, within sixty +(60) days following the date of issuance of the decision to initiate bankruptcy proceedings, +decide to terminate the lease agreement in respect of the property in which the debtor practices its business, after obtaining permission from the Bankruptcy Court. In this case, the +Trustee shall notify the lessor of this decision within the aforementioned period. + + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 94 + Article (142 ) +Lessor's Lien +1. In the event of termination of a lease agreement in accordance with the provisions of +this Law, the lessor that leases out a property to the debtor shall have a lien for the two +years preceding the issuance of the decision to initiate Bankruptcy Proceedings as well as +the then current year, in respect of all matters in relation to the performance of the lease +agreement and any compensation that may be awarded. +2. If the movables in the leased property are transferred or relocated without terminating +the lease agreement, the lessor may exercise its lien as stipulated in Clause (1) of this +Article, and in addition, he shall have a lien for another year starting from the end of the +then current year during which the decision to initiate bankruptcy proceedings is issued. + +Article (143 ) +Continuation of Lease +1. The Trustee decides to continue the lease, and he shall pay the overdue rent, without +prejudice to the lessor's right to request termination of the lease agreement due to +abstention or delay in respect of paying the rent. The lessor may request the Bankruptcy +Court to terminate the lease, unless the Trustee provides sufficient security to pay the +rent on the due dates. +2. The Trustee may, after obtaining permission from the Bankruptcy Court, sublease the +property or assign the lease, unless the debtor is prohibited from doing so by virtue of the lease agreement or under the legislation regulating the lease relationship applicable +to the leased property. + + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 95 + Article (144 ) +Employment Contracts +1. If a decision is issued to initiate bankruptcy proceedings for the employer, the contracts +of the debtor's employees may not be terminated unless it is decided not to continue the +debtor' s business. In the event of termination of the employment contract, the employee +may claim for compensation, unless the Bankruptcy Court decides otherwise to protect +the interest of the debtor and creditors while taking into account the interest of the +employee. +2. If it is decided to continue the debtor's business, the Trustee shall pay wages and salaries +regularly on the agreed upon date if the debtor's assets are sufficient therefor. + +Article (145 ) +Contracts with Suppliers of Goods and Service Providers +If it is decided to continue the debtor's business, the Trustee shall pay the necessary amounts +to the suppliers of goods and service providers for the sake of the continuation of the +debtor's business regularly at the time agreed upon in the contract, if the debtor's assets are +sufficient therefor. + +Article (146 ) +Wages and Salaries Due Prior to Issuance of Decision to Initiate the +Proceedings +1. The Trustee shall, not later than the ten (10) days following the issuance of a decision to +initiate bankruptcy proc eedings, and despite the presence of any other debt, use +whatever amounts in his possession to pay the wages and salaries due before the +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 96 + issuance of the decision to initiate the proceedings. If the Trustee does not have the +amounts necessary to pay these d ebts, the wages and salaries shall be paid from the first +amounts he receives, even if there are other debts that precede the same in the rank of +lien. +2. In accordance with Clause (1 ) of this Article, the amounts in excess of the foregoing, due +to the aforem entioned categories shall have the legally -prescribed lien rank. + +Article (147 ) +Assignment of Existing Contracts +1. If the Trustee is of the opinion that the assignment of an existing contract largely would +serve the best interest of the bankruptcy estate, he shall submit an application to the +Bankruptcy Court for approval to assign the contract, and shall attach with the +application the contract and the justifications upon which the assignment is based. +Along with the application, the Trustee shall provide e vidence of the ability of the +assignee to perform the contract. +2. The other party to the contract may object to the application referred to in Clause (1 ) of +this Article based on the absence of evidence to prove the ability of the assignee to +perform the con tract or that the assignment of the contract would violate the provisions +of this Article. If the existing contract is assigned, the assignment shall include all issues of the contract. The assignee shall fulfill the contractual obligations. +3. The Bankruptcy Court shall approve the application to assign the existing contract in the +following cases: +a. If the contract assignment would serve the best interest of the bankruptcy estate; +b. Where the other party to the contract furnishes an objection in accordance with the +provisions of Clause (2 ) of this Article, and the Trustee proves, before the Bankruptcy +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 97 + Court, the ability of the assignee to perform the contract; or +c. Where the assignment would not result great injustice to the other contracting party. +4. Upon assignment of an existing contract, the assignee shall bear the debtor's liability +arising from the contract, and the bankruptcy estate shall be released from all obligations +stipulated in the contract. +5. The Trustee may assign the contract in accordance with the prov isions of this Article +even if the contract prohibits any such assignment. +6. The Trustee may not transfer the existing contract if it is: +a. A contract to borrow or grant credit to the debtor. +b. A contract between the debtor and a party where and the personality of the debtor is +a core element of the contract. + +Article (148) +Debtor's Depositions that are Unenforceable vis- à-vis Creditors +1. The following actions may not be invoked vis -à-vis the creditors, if they are carried out +by the debtor in respect of whom a de cision is issued to initiate bankruptcy proceedings +over its debts during the six (6 ) months preceding the cessation of payment date: +a. Donations or gifts, except for small gifts that are usually accepted according to the customary practices. +b. Any transactions in which the debtor's obligations are significantly unbalanced with +the obligations of the other contracting party, whether these obligations are in kind +or in cash. +c. Repayment of debts before the maturity date, regardless of the method of repayment, or in a manner different from that usually followed to repay that type of +debt. The creation of consideration for payment of a negotiable instrument that has +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 98 + not yet matured is considered to be considered premature repayment, unless there +are commercial consid erations that justify the same. +d. Repayment of payable debts with considerations other than the agreed -upon ones. +Repayment through negotiable instruments or bank transfer is considered the same +as cash repayment, unless there are commercial considerations t hat justify the same. +e. Arrangement of any type of new guarantee on the debtor's assets to guarantee the +repayment of a previous debt, unless there are commercial considerations that justify +the same. +2. Notwithstanding the actions referred to in Clause (1) of this Article, the Bankruptcy +Court may order that any disposition carried out by the debtor during the +aforementioned period is not enforceable if the disposition was harmful to the creditors, and the other party, with which the disposition was executed, k new or should have +known at the time of its exercise that the debtor had ceased to pay its debts or was in a state of financial deficit. +3. The enforceability of the disposition may not be invoked vis -à-vis the creditors if the +debtor against which a decision was issued to initiate bankruptcy proceedings regarding +its debts carries out any of the acts mentioned in Clause (1 ) of this Article, during the two +years preceding the cessation of payment date if these depositions were executed between the debtor and a n insider or a related party. + +Article (149 ) +Unenforceable Registration of Mortgage or Lien over Debtor's Assets +1. A court may order that the registration of the mortgage or lien over the assets of the +debtor in respect of whose debts a decision has been issued to initiate bankruptcy +proceedings regarding its debts vis -à-vis the creditors be invalid, if the registration is +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 99 + made after the cessation of payment date, provided that it is proven that the creditor +knows that the debtor has ceased to pay its debts. +2. The provision of Clause (1) of this Article shall not apply if the mortgage and lien rights +were registered for the purpose of determining an existing debt secured by the same +rights over the same assets, and these rights were registered as security for th e existing +debt at a date prior to the cessation of payment date, or where the registration was +carried out in implementation of a ratified contract at a date prior to the cessation of +payment date. +3. The creditor who holds the next mortgage to the mortgage decided unenforceable takes the rank of this mortgage. However, he is not given from the price resulting from the sale +of the mortgaged asset other than what he would have obtained assuming the previous mortgage was enforceable, and the difference goes to the group of creditors. + +Article (150 ) +Dismissal and Inadmissibility of Unenforceability Action +1. The Bankruptcy Court may order to dismiss the actions referred to in Articles (148) and +(149) of this Law if it is convinced that the debtor has acted in good faith and with the +aim of carrying out its business and that when it did so there were reasons to believe that the action could be beneficial to its business. +2. The action filed on the basis of Articles (148) and (149) of this Law shall not be heard +after on e year following the date of service the decision to initiate the proceedings. + +Article (151 ) +Action for Unenforceability of Debtor's Acts Detrimental to Creditors +The Trustee may request that the debtor's acts occurring before the issuance of the decisi on +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 100 + to initiate bankruptcy proceedings to the detriment of creditors be invalidated, in +accordance with the provisions of the Civil Transactions Law regarding the claim of non -enforcement of the acts. The judgment invalidating the acts shall result in them not +being enforceable vis -à-vis all creditors, whether their rights arose before or after the +performance of the disposition. + +Article (152 ) +Effect of Judgment Invalidating the Debtor's Acts vis -à-vis Creditors +1. If the debtor's acts are ordered invalidated vis-à-vis the creditors, the party, with which +the disposition was executed, shall refund to the debtor or the Trustee, as the case may +be, the amounts that he obtained from the debtor under these acts or the value of the +item at the time of its receipt i f it is not possible to return it in kind. He shall further pay +the interest or benefits resulting therefrom of the item he has received from the date of +receipt. +2. The party, with which the disposition was executed, shall have the right to recover the consi deration he provided to the debtor, if this particular consideration is found in the +management of the debtor's assets. If there is none, the party, with which the disposition +was executed, shall have the right to demand from the debtor and the creditors t he +benefit that accrued thereto from the disposition, and to engage in the proceedings as an ordinary creditor regarding the amount in excess thereof. + +Article (153 ) +Enabling the Debtor to Pay Salaries and Periodic Installments +If the debtor has an obligation to pay a periodic salary for life or pay installments, and the same is in exchange for compensation, the Bankruptcy Court may, upon motion of the +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 101 + creditor, order, after hearing the opinion of the Trustee and within ten (10) days from the +date of submi tting the application, that a sufficient amount be set aside to pay the +aforementioned salaries and installments, with an explanation of the payment method. + +Article (154 ) +Involvement of Creditor Whose Debt Is Contingent upon Resolutory +Condition +The creditor, whose debt is contingent upon a resolutory condition, shall only be involved in +the proceedings where it provides a Surety or sufficient security. For the creditor whose debt +is contingent upon a suspensive condition, its share in the distributions s hall be set aside +until the position of its debt becomes clear. + +Article (155 ) +Determination of Living Expenses for the Debtor +The Bankruptcy Court may, upon motion of the debtor or its dependents and after hearing +the Trustee's statements, determine living expenses for the debtor in respect of whose debt a +decision to initiate bankruptcy proceedings has been issued, or may decide to entrust the +management of its business and assets to a Trustee. The Court may also increase or decrease +the living expenses amount or order its cancellation, as the case may be. + +Article (156 ) +New and Existing Actions Against the Debtor +1. After the issuance of the decision to initiate bankruptcy proceedings, no case may be filed against the debtor or proceed, except for the follo wing cases: +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 102 + a. Claims concerning the assets and dispositions not included in the matters of which +the debtor is prevented from disposing. +b. Cases relating to the proceedings stipulated in this Law, in which the debtor is +permitted by law to institute or litigat e. +c. Criminal cases. +2. If the debtor files a criminal case or there is a criminal case filed against it or a case in +relation to its person or personal status, the Trustee shall be joined therein if the same +includes financial claims. +3. The court may authorize t he joining of the debtor in cases in relation to bankruptcy +proceedings, and it may also authorize the joining of the creditor in these cases if it has a +special interest therein. + +Article (157 ) +POA Issued to or by the Debtor and the Corporate Management +1. The power of attorney shall be terminated upon the issuance of a decision to initiate bankruptcy proceedings for the attorney -in-fact or the principal. However, the power of +attorney shall not be terminated upon the issuance of a decision to initiate bankr uptcy +proceedings if the attorney -in-fact or a third party has an interest therein. +2. Once the decision to initiate bankruptcy proceedings is issued, the debtor may not +become a director or member of the board of directors of any company. + +Article (158 ) +Extinguishment of Due Dates of Debts +1. The issuance of a decision to initiate bankruptcy proceedings shall result in the extinguishment of due dates of monetary debts owed by the debtor, whether they are +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 103 + ordinary debts or secured debts. The interest on ordinary debts shall also cease to apply +to creditors only. +2. A claim may only be made for interest on debts secured by mortgage or lien from the +amounts resulting from the sale of the assets securing such debts. The principal of the +debt shall be settled first, fol lowed by the interests due before the issuance of the +decision to initiate bankruptcy proceedings, and finally the interest due after its issuance. +3. If the debts are denominated in a currency other than the UAE dirham, they shall be +converted into the UAE d irham according to the official exchange rate on the day the +decision to initiate bankruptcy proceedings is issued. + +Article (159 ) +Deducting Interests from Deferred Debt +The Bankruptcy Court may deduct from the deferred debt, for which no interest is stip ulated, +an amount equivalent to the legal interest for the period following the date of issuance of a decision to initiate bankruptcy proceedings until the date the debt becomes due. + +Chapter Five +Debtor's Engagement in New Business +Article (160 ) +Conditio ns for Debtor's Engagement in New Business +Notwithstanding article (157.2) of this Law, the debtor may, with the permission of the +Bankruptcy Court, engage in new business using other than bankruptcy estate, provided that the same does not result in damage to the creditors. Creditors whose debts arise in +connection with this previous business shall take precedence in respect of recovering their +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 104 + rights from its assets. + +Article (161 ) +Debtor's Payment of Negotiable Instrument's Value After Cessation of +Payme nt Date +1. If a debtor pays the value of a negotiable instrument after the cessation of payment date +and before the issuance of a decision to initiate bankruptcy proceedings, the amount paid may not be recovered from the instrument bearer. Rather, the drawer or the person, +for whose benefit the negotiable instrument is withdrawn shall refund the value paid to +the Trustee or the debtor, as the case may be, if, at the time of issuing the negotiable +instrument, he is aware of the debtor's cessation of payment. +2. The refund obligation in the case of a promissory note shall fall on the part of the first +endorser, if, at the time of obtaining the promissory note, he is aware of the debtor's +cessation of payment. + +Chapter Six +Announcement of Bankruptcy Judgment and its Effects +Article (162 ) +Announcement of Bankruptcy Judgment +1. Bankruptcy shall only be established under a judgment declaring bankruptcy. +2. The Bankruptcy Department shall, within ten (10) days following the date of issuance of +the bankruptcy judgment, announce and record the operative part of judgment in the +Bankruptcy Register and the Commercial Register, and the debtor may be instructed to +disclose the same at its business headquarters and on its website, if any. +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 105 + +Article (163 ) +Effects of Bankruptcy Judgment +Other than the provisions contained in this Chapter, the effects resulting from the issuance +of the decision to initiate bankruptcy proceedings in accordance with this Law shall remain +effective with respect to the bankrupt, and the common provisions cont ained in Chapter IV +of this Law shall apply to its bankruptcy. + +Article (164 ) +Deprivation from Exercising Political Rights +A person, against whom a final judgment has been issued for committing any of the crimes +of fraudulent bankruptcy shall be temporarily deprived of exercising political rights, +membership in the Federal National Council, assuming a public position or mission and +being a member of the board of directors of sports federations and clubs or a director or member of the board of directors of any company, until he is rehabilitated in accordance +with this Law. + +Article (165 ) +Bankrupt's Absence from or Relocation of its Domicile +The insolvent debtor may not be absent from its domicile without notifying the Trustee in +writing of its place of residence, and may only relocate its domicile based on a written +permission from the Bankruptcy Court. + + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 106 + Article (166 ) +Communications on Bankrupt's Business +It is required to include in all correspondence in relation to the bankrupt's business during +bankrupt cy proceedings, in addition stating that the debtor is subject to bankruptcy +proceedings and its assets are under liquidation. + +Article (167 ) +Placing the Insolvent Debtor under Surveillance +The Bankruptcy Court may, sua sponte or upon the motion of the Pu blic Prosecution or the +Trustee, decide to place the insolvent debtor under surveillance, and the Public Prosecution shall implement this decision immediately upon its issuance. The insolvent debtor may +challenge this decision before the Court of Appeal no t later than (10) ten days from the date +of its notification of the decision, and the Bankruptcy Court may decide at any time to end +the surveillance on the bankrupt. + +Article (168 ) +Overturning the Bankruptcy judgment Before Becoming Final +1. If the debtor, before the bankruptcy declaration judgment becomes final, becomes able +to repay all the debts owed thereby, the Court of Appeal may, upon motion of the debtor or the Trustee, grant the debtor a time limit to reach a settlement with its creditors or halt +the appeal for the period it deems appropriate. If a settlement is agreed upon, it shall be +submitted to the court for approval and cancellation of the bankruptcy judgment, +provided that the debtor bears the expenses of the case. +2. In the event that the debtor does not reach a settlement agreement with the debtors +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 107 + within the period granted thereto by the Court of Appeal, the Court of Appeal shall issue +its decision to dismiss the application referred to in Clause (1 ) of this Article. The period +for challenging the bankruptcy declaration judgment begins from the day following the +issuance of the dismissal decision, and the debtor or Trustee may not submit a new +application in this regard. + +Chapter Seven +Liquidation and Distribution +Article (169 ) +Meeting for Prov iding Liquidation and Distribution Proposals +1. The Trustee shall call the debtor and the creditors to a meeting to provide their proposals +regarding liquidation and distribution, provided that the meeting is held within (20) +twenty days from the date the Tru stee takes over the debtor's assets in accordance with +the provisions of article (131) of this Law. The notice for the meeting shall be served by +means of notification at least ten days prior to the scheduled date of the meeting (10), +and the Trustee shall chair the meeting. With the approval of the required majority, any +of the creditors or third parties may be appointed to chair the meeting, where there are justifications therefor. +2. The notice to attend the meeting shall be sent to the Unit, where the debt or is supervised +by the regulatory authority. +3. The Bankruptcy Court shall, based on a motion submitted thereto by a relevant party +within (10) ten days from the submission of the motion, issue a decision on any dispute +that arises regarding the meetings of creditors held in accordance with this Part, whether +the dispute is regarding who has the right to call for, attend or vote in the meeting or the +validity of the procedures for holding the meeting and voting therein. +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 108 + 4. The Bankruptcy Court may, upon motion o f any of the creditors, assign the Unit, where +the debtor is supervised by the regulatory authority, to call for the holding of these +meetings to the head of the Bankruptcy Department or its delegate to chair them if the +Trustee does not hold them on the d ates specified for holding such meetings. + +Article (170 ) +Preparation of Liquidation and Distribution Plan +The Trustee shall develop a plan to liquidate and distribute the debtor's assets to the +creditors, provided that he completes the preparation of this plan and notifies the +representative of the Creditors' Committee and members of the committee, the creditors +thereof in the event that the Creditors' Committee is not formed, and the Bankruptcy +Department and the Unit, where the debtor is supervised by th e regulatory authority, within +(30) thirty days from the date of the creditors' meeting. The Bankruptcy Court may, upon the +Trustee's request, extend this period for a maximum of three (3 ) months. + +Article (171 ) +Liquidation and Distribution Plan's Particu lars and Attachments +The liquidation and distribution plan shall include the following attachments: +1. A statement of all the debtor's assets and their latest valuation. +2. The method proposed by the Trustee to liquidate the debtor's assets and the justification s therefor. +3. A statement of whether it is possible to sell all of the debtor's assets at once or a large +part thereof on the basis of an existing and ongoing activity, or whether the same will be +impossible and the assets will be sold in parts, as well as t he justification therefor. +4. Statement of whether the distribution of the debtor's assets to creditors in kind is +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 109 + possible. +5. Determine the appropriate timing for sale. +6. A statement of the assets sold at auction, and those proposed to be sold without an +auction . +7. A statement of whether it is possible to make a settlement with the debtor's shareholders in exchange for giving up their shares in the debtor company to the creditors and settling +the debt in exchange for their shares in the company, in addition to indi cating whether +the same serves the interests of the creditors and whether the same will be made through establishing a special purpose company to which the debtor's assets will be +transferred and its shares distributed to creditors, through transferring th e shares of +shareholders in the debtor company to creditors or through any other method. +8. A statement of how the proceeds from the liquidation of the debtor's assets will be +distributed to the creditors, clarifying the order and ranking of the creditors and the +amount expected to be collected from each of them. +9. Determine the expected timetable for completing the liquidation and distribution +process. +10. Statement of whether the Trustee will prepare a distribution list regarding the proceeds of the assets that he sells during certain periods such as (3) three or (6) six months or will +prepare a distribution list whenever he sells a certain percentage of the debtor's assets, +or otherwise. +11. Determine the maximum period between collecting the proceeds from the sale of the +asset and distributing the same to creditors. +12. Any other matters that the Trustee deems necessary to include in the liquidation and +distribution plan or that are assigned thereto by the Bankruptcy Court. +The Bankruptcy Court may exempt the Trustee from including any of the items contained in +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 110 + this Article if it deems the same inappropriate for the bankrupt's position. + +Chapter Eight +Voting on Liquidation and Distribution Plan +Article (172 ) +Liquidation and Distribution Plan Voting Meeting +1. The Trustee shall call the creditors to approve the liquidation and distribution plan +pursuant to a notice containing the date and place of the meeting, provided that the +meeting is held not later than (30) thirty days from the date of notification of the +representative of the Creditors' Committee and the members of the committee or +creditors of the plan and its attachments. +2. The Trustee shall chair the meeting, and with the approval of the required majority, any of the creditors or third parties may be assigned to chair t he meeting, where there are +justifications for the same. +3. The Trustee shall serve the notice within the deadline stipulated in Clause (1 ) of this +Article to the Unit, where the debtor is supervised by the regulatory authority. In the +event that the Trustee refrains from holding the meeting as stipulated in Clause (1 ) of +this Article, the Bankruptcy Court shall, based on a motion submitted thereto by any of the creditors or the Unit, where the debtor is supervised by the regulatory authority, call +for a meeti ng of creditors. The head of the Bankruptcy Department or his delegate shall +chair the meeting. + + + + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 111 + Article (173 ) +Involvement in Voting on Liquidation Plan +1. Only creditors whose debts are approved, even temporarily, may engage in voting on the +liquidation and distribution plan. The liquidation and distribution plan shall have met +the approval of the creditors if approved by the required majority. +2. If the liquidation and distribution plan is not approved by the required majority at the +first meeting of credit ors, the meeting shall be postponed for a period of (10) ten days for +a second meeting to be held to vote on the plan. +3. If a settlement is not reached with the creditors who disapprove to the liquidation and +distribution plan, and the plan is not approved b y the required majority at the postponed +meeting, the same shall be considered a rejection of the liquidation and distribution plan. + +Article (174 ) +Minutes of Liquidation Plan Voting Meeting +1. A minutes shall be drawn up of the results of the voting meeting on the liquidation and +distribution plan, and shall be signed by the Trustee, chairman of the meeting, the +creditors present and having the right to vote, and the representative of the Creditors' +Committee. If any of the creditors refuses to sign, their n ames shall be mentioned in the +minutes, along with the reason for refusal to sign. +2. If the meeting is attended via modern means of communication, the Trustee shall sign the minutes with a representative of the Unit, where the debtor is supervised by a +Regul atory Authority. + + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 112 + Chapter Nine +Effects of Liquidation and Distribution Plan Approval +Article (175 ) +1. The Trustee shall, within ten (10) days from the date of the creditors' approval or +rejection of the liquidation and distribution plan, notify the Bankrupt cy Department +thereof. The plan that was presented to the creditors, minutes of creditor meetings and +sheet of attendance and voting shall be attached to the notification. If the plan is approved, its approval shall be ratified by the Bankruptcy Court. +2. In the event that the creditors disapprove the liquidation and distribution plan, the +Bankruptcy Court shall, not later than ten (10) days from the date of notifying the +Bankruptcy Department thereof, assign the Unit, where the debtor is supervised by the regulatory authority, to make the necessary amendments to the plan, taking into account +the creditors' comments and the opinion of the Trustee, in a way that achieves the common interest of the creditors or to submit an alternative plan within the time limit it specifies. +3. In all cases, the Bankruptcy Court shall issue its decision approving the liquidation and +distribution plan within (10) ten days from the date of notifying the Bankruptcy +Department thereof. + +Article (176 ) +Auction Sale of Debtor's Assets +1. The Bankruptcy Court may approve the liquidation and distribution plan even if it +proposes the sale of all or any of the debtor's assets through an open auction or without +open auction, or that all or part of the debtor's assets be sold as one unit on a ""goin g +concern"" basis or on any other basis or selling the same in parts, or any other proposals. +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 113 + 2. The Executive Regulations of this Law shall specify the conditions and procedures for +selling the debtor's assets through auction, provided that these procedures include the following: +a. The method of determining the opening price of the auction to sell the debtor's +securities, real estate or other assets. +b. Procedures for announcing the auction. +c. Method of submitting bids and provisions for submitting bids in closed env elopes. +d. Cases in which the bidder remains liable for its bid. +e. Procedures for reducing the base price and selling the assets without specifying a +base price to the highest bidder in the event that a purchaser does not propose to +buy at the base price. + +Article (177 ) +Bid Submitted by Debtor or Related Party for Purchase of Debtor's Assets +The debtor or any related party may not submit a bid to purchase any of the debtor's assets offered for sale, except when the same is offered for sale at an open auction. + +Article (178 ) +Periodic Progress Report on Liquidation and Distribution Plan +The Trustee shall submit to the Bankruptcy Court a monthly statement on the status of liquidation, the amounts collected and the distributions made to creditors in accordance with the plan. + + + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 114 + Article (179 ) +Order of Debts +1. The creditors, whose rights are secured by movable or immovable property, shall take +precedence over other preferred creditors and ordinary creditors, according to the extent +of their securities, and shall be followed in rank by preferred creditors depending on the +order of their priorities in accordance with the provisions of this Law. +2. All reasonable fees and expenses incurred by the Trustee in the course of sale of such +assets shall be deducted from the proceeds of the sale of the assets securing the debts, +before distributing such proceeds to secured creditors. +3. If the Trustee fails to commence sale of secured assets within thirty (30) days following +the date on which the bankruptcy declaration judgment is render ed against the debtor, +the secured creditors shall be entitled to petition the Bankruptcy Court permission to +enforce their rights against their relevant securities, even if the securities have yet to be +admitted. The petition for permission shall be decid ed on within ten (10 ) days following +its filing date. +4. If the Trustee is convinced that the proceeds generated from the sale of any secured assets are not large enough to cover its fees and any relevant costs related to the sale of +such assets, the Trustee may decide against completing the sale transaction. In which +case, the Trustee shall immediately notify the secured creditor in writing of any decision made to discontinue the sale of secured assets. +5. The creditor may object to the Trustee's decision within five (5) days following the date +of notification, and the Bankruptcy Court shall decide on the objection within ten (10) +days, and its decision in respect thereof shall be final. +6. If there is a surplus generated from the sale proceeds of secured assets, th e same shall be +delivered to the Trustee in favor of the debtor. If the sale proceeds of secured assets are +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 115 + less in value than the secured debt's value, after the relevant fees and costs are paid, the +outstanding balance of the secured debt shall become an ordinary debt owed by the +debtor. +7. The categories of following debts shall be classified as preferred debts to be settled prior +to the ordinary debts, and shall be repaid as follows: +a. Any judicial fees or costs, including the fees of Trustees and experts, and any +expenses spent for the sake of the collective interest of creditors to safeguard and +liquidate the debtor's assets. +b. The living expenses (alimony ) debts imposed on the debtor under a judgment +rendered by a competent court. +c. The amounts payable to gove rnment authorities. +d. End -of-service gratuities, unpaid wages and salaries that are due to the employees, +workers and servants of the debtor and which are periodically paid (except for any +type of other incidental allowances, bonuses and payments or any othe r benefits, +whether monetary or in- kind ), provided that the total amount of such items +combined does not exceed a three -month wage or salary. In addition, the Bankruptcy +Court may give permission to the Trustee to pay salaries and wages that are due and payable to the debtor's employees, workers and servants for a period of less than +thirty (30) days from any of the debtor's funds that are in the Trustee's possession. +e. The professional fees agreed upon between the debtor and any expert appointed by +the debto r during the bankruptcy proceedings, including the legal consultation fees. +The Bankruptcy Court may determine such fees sua sponte or based on a grievance +to be filed by any eligible creditor. The filing of such a grievance shall not stay the +proceedings, and the Bankruptcy Court shall decide on the grievance within five (5 ) +days following its filing date, and its decision thereon shall be final. +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 116 + f. Any fees, costs or expenses that fall due following the date of issuance of the +proceedings initiation decision , for the purpose of procuring goods and services for +the debtor or to continue to perform any other contract that would be beneficial to +the debtor's business or assets, or any fees, costs or expenses that arise for the sake of +ensuring continuation of th e debtor's business following the proceedings initiation +date according to the provisions of this law. +8. The creditors belonging to each of the debt categories referred to in Clause (7) of this +Article shall be treated on an equal footing, unless the debtor' s assets are not valuable +enough to cover their debts. In which case, their debts shall be reduced on an equal +footing. + +Article (180 ) +Implementation of Liquidation and Distribution Plan +1. The Trustee may only pay the creditor's distribution share if the cr editor submits the debt +deed marked with a proof of being verified and accepted. The debt deed shall be marked +with a note indicating the amounts paid. +2. If the creditor fails to submit the debt deed, the Bankruptcy Court may give that its debt +be paid after verifying the acceptance of such a debt. +3. In all cases, the creditor shall mark a quittance on the distribution list. + +Article (181 ) +Liquidation or Distribution Plan Progress Report +1. If six (6) months have passed without the liquidation process being completed, or +without any remarkable development be achieved in respect thereof, the Trustee shall submit to the Bankruptcy Court a report on the liquidation status and the reasons for +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 117 + delayed completion thereof. The Bankruptcy Department shall serve such a rep ort upon +the creditors and shall call the latter to attend a meeting for discussing the report. This +action shall be repeated whenever six (6) months have passed without the Trustee +completing the liquidation work. +2. In all cases, the liquidation and distrib ution plan shall be completed not later than two +(2) years starting from the plan implementation commencement date. + +Article (182 ) +Final Account of Bankruptcy Work +1. The Trustee shall, within ten (10) days following the completion date of the liquidation +work, notify the Bankruptcy Department and the creditors of the same. The notice so +served shall be accompanied by a final statement of account on bankruptcy work, +showing the implementation method of the liquidation and distribution plan, and shall +call the creditors and debtors to attend a meeting for discussing the final account and +giving their comments thereon. The meeting shall be deemed valid regardless of numbers of the creditors or debtors present. A notice of meeting shall also be sent to the unit t o attend the meeting in the event that the debtor is subject to a regulatory +authority. The meeting shall be held not later than thirty ( 30) days following the date on +which the creditors are notified that the liquidation work is completed. +2. The final account shall indicate the shares of debts that have not been finally accepted, as well as the shares of debts in respect of which disputes are still unresolved. All such +shares shall be set aside and kept in the court's treasury until their respective disputes +are resolved, and shall then be released to the eligible persons based on the Bankruptcy Court's decision. + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 118 + Article (183 ) +Completion of Bankruptcy +1. The Trustee shall serve upon both the Bankruptcy Department and the creditors a copy +of the minutes of meeting referred to in article (182) of this Law, within ten (10) days +following the meeting date. +2. The Bankruptcy Court shall adjudicate on any grievance filed in respect of the +completion of bankruptcy work, based upon an application to be submitted to the Co urt +by an interested creditor, within ten (10) days following the filing date of the grievance. + +Article (184 ) +Handover of Surplus Amounts +The Trustee shall hand over to the debtor any surplus amounts resulting from the +liquidation after all debts are set tled, and shall also hand over all documents that are in its +possession to the eligible party after the proceedings are completed and its task is +performed. + +Article (185 ) +Creditors to Take Unilateral Actions +1. Each creditor shall have the right, after the bankruptcy proceeding is completed, to take unilateral actions in order to collect their remaining debt balances. If the creditor's debt +has been verified and finally accepted under the bankruptcy proceeding, the judgment +declaring the debtor bankrupt shall serve as a writ of execution whereby each creditor +may enforce its right against the debtor's assets within the limit of its own debt. +2. The Case Management Office of the Bankruptcy Court or Appeal Court, as the case may +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 119 + be, shall issue and deliver to each creditor an executive version of the judgment, +indicating the name of the creditor and its debt due, based on a certificate to be issued by +the Bankruptcy Department. + +Chapter Ten +Closure and Termination of Bankruptcy Proceeding +Article (186 ) +Closure of Bankruptcy Proceeding due to Lack of Assets +1. If the bankruptcy proceeding is suspended due to lack of debtor's assets before the composition is endorsed, the Bankruptcy Court may order that the bankruptcy +proceeding be closed. +2. The decision to close a bankruptcy proceeding due to lack of debtor's assets shall entitle each creditor to take unilateral actions and initiate individual proceedings as prescribed +by law. +3. If a creditor's debt has been verified and finally accepted in the bankruptcy proceeding, +the sa me may enforce its rights against the debtor's assets pursuant to article (185 ) +hereof. +4. The bankruptcy trustee shall be responsible for the documents delivered thereto by the +creditors for a period of three (3 ) years following the decision on closure of bankruptcy +proceeding. + +Article (187 ) +Motion to Revoke Bankruptcy Proceeding Closure Decision +The insolvent debtor and every stakeholder may file a motion with the Bankruptcy Court to +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 120 + revoke the decision to close the bankruptcy proceeding, if it is proven t hat there are +sufficient assets to cover the bankruptcy proceeding's costs, or where the trustee receives a +sufficient amount for that purpose. + +Article (188 ) +Service of Bankruptcy Proceeding Closure Decision +The Bankruptcy Department shall serve the bank ruptcy proceeding closure decision +pursuant to article (35 ) hereof, and have the same decision recorded in both the bankruptcy +register and the commercial register within ten (10 ) days following its date of issuance. + +Article (189 ) +Termination of Bankrupt cy Proceeding due to Extinguishment of Creditors' +Interest +The bankruptcy court may decide, after the final list of creditors is announced as described herein, and upon motion of the insolvent debtor or the Trustee, that the bankruptcy +proceeding be terminated, if either of the following conditions is satisfied: +1. Where all debts of the creditor that are included in the final list of creditors have been settled; or +2. Where a sum of money or a bank guarantee is furnished and is sufficient to pay off the creditor 's debts. + +Article (190 ) +Bankruptcy Proceeding Termination Decision by Bankruptcy Court +1. The bankruptcy court may only issue a decision establishing termination of bankruptcy +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 121 + proceeding due to extinguishment of the creditors' interest after the Trustee sub mits a +report asserting the fulfillment of either of the two conditions referred to in article (189) +hereof. +2. The bankruptcy proceeding shall be terminated as soon as the decision referred to in +Clause (1) of this Article is issued, and the Bankruptcy Depar tment shall serve and +register such a decision within ten (10) days following its date of issue, as described in +article (35) hereof. +3. The bankruptcy trustee shall be responsible for the documents delivered thereto by, or in +relation to, the debtor for a pe riod of three (3 ) years following the bankruptcy +proceeding termination date. + +Chapter Eleven +Execution and Effects of Composition +Article (191 ) +Composition +1. Composition may be established in respect of a debt after a final judgment declaring the debtor ba nkruptcy is rendered, in accordance with the provisions of Articles (192 ) +through (200) hereof, but no composition may be established with an insolvent debtor +who has been sentenced to bankruptcy fraud. +2. If investigation is conducted with an insolvent debto r on the grounds of a bankruptcy +fraud crime, the consideration of composition shall be adjourned. +3. Conviction sentence rendered against the insolvent debtor on the grounds of bankruptcy +by default shall not preclude composition with it. +4. If investigation is conducted with an insolvent debtor on the grounds of bankruptcy by +default crime, the creditors may petition the court to either consider the composition +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 122 + application or postpone consideration of the composition application. + +Article (192 ) +Filing an Application for Composition +The application for composition shall be submitted to the Bankruptcy Department by the +debtor or the creditor. Such an application shall include the conditions of compositions and +shall be accompanied by an updated list of creditors and their respective debts as on the +application filing date. + +Article (193 ) +Composition Application Filed by Trustee or Debtor +1. If the composition application is submitted by the trustee, the latter shall attach thereto a comprehensive report on the state of the bankruptcy proceeding and actions taken in +respect thereof, and evidence that he presented the terms of composition to the debtor +and gave him at least (10) ten days to express his opinion regarding the same, indicating +whether or not the debtor has expressed his opinion on the terms of the composition, as +well as the trustee's comment on the debtor's opinion. +2. If the application is submitted by the debtor, the latter shall notify the trustee of the +terms of the composition before submitting the appl ication. In addition, the debtor shall +request the trust to provide the former with his opinion on them and provide him with a report on the state of the bankruptcy proceeding and the proceedings that have been taken in connection therewith. +3. The trustee sh all provide the debtor with the required item (s) within (10) ten days +following the date of notification, and the debtor shall indicate in the application a proof +confirming that he has taken such measures, as well as the observations he received +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 123 + from the trustee and his comments thereon. The report sent by the trustee shall be +attached with the application in the event that the trustee has responded to the debtor. + +Article (194 ) +Notification of Submission of Composition Application +The Bankruptcy Departme nt shall, within ten (10) days from the date of submitting the +composition application, notify the Unit, where the debtor is supervised by the regulatory +authority, of the application and its attachments. Within the same period, it shall notify the +creditors and the trustee if the application is submitted by the debtor. Likewise, it shall also +notify the debtor if the application is submitted by the trustee. + +Article (195 ) +Meeting for Discussing the Terms of Composition +1. The trustee shall, within ten (10) days from the date of his notification, call the creditors +to meet to discuss the terms of the composition. If the application is submitted by the +debtor and the trustee has not previously expressed his observations on the terms of the +composition or provid ed the debtor with the report referred to in article (193.1) of this +Law, he shall attach the report to the notice for the meeting and his observations on the +terms of the composition. +2. The provisions of article (172 ) of this Law shall apply to the call for the meeting and +voting therein. + + + + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 124 + Article (196 ) +Action Based on Outcome of Composition Terms Discussion Meeting +1. The trustee shall notify the Bankruptcy Department of the creditors' approval or +disapproval of the composition, not later than (10) ten day s following the meeting in +which the approval or disapproval was decided. He shall attach to the notification the terms of the composition, minutes of meetings and sheet of attendance and voting. If the +creditors agree to the terms of the composition, it s hall be ratified. The Bankruptcy Court +shall ratify the same, not later than (10) ten days following notifying the Bankruptcy +Department of the approval of the composition. The Bankruptcy Department shall, +within (10) ten days from the issuance of the decision to ratify the composition, notify +and announce the decision in accordance with article (35) of this Law, and its summary +shall be registered in the Bankruptcy Register and the Commercial Register. +2. The ratification of the composition shall be effective with respect to the creditors who +have the right to vote on the terms of the composition. It shall also be effective with +respect to the creditors who approved and disapproved or objected to the same or the +ones who failed to appear at the meeting. + +Article (197 ) +Periodic Report on Implementation of Composition Terms +The trustee shall supervise the implementation of the terms of the composition, submit a monthly report on the proceedings undertaken regarding the implementation of the conditions of the com position and notify the Bankruptcy Department, the creditors, the +debtor and the Unit, where the debtor is supervised by the regulatory authority. + + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 125 + Article (198 ) +Completion of Implementation of Composition Terms +1. In the event that the conditions for compo sition are fully implemented, the trustee shall +submit an application to the Bankruptcy Department to issue a decision terminating the +bankruptcy proceeding through composition and shall notify the authorities specified in +article (197) of this Law of this application within (10) ten days from the expiration date +of the deadline granted to creditors to submit their objections to the Bankruptcy +Department. Creditors shall submit their objections to the Bankruptcy Department +within (10) ten days from the date of notification of the application. +2. The Bankruptcy Court shall issue its decision on the application within (10) ten days +from the date of its submission. In the event that the application is approved, its decision +regarding the termination of the bankrup tcy proceeding through composition shall be +issued, in addition, the Bankruptcy Department shall announce and record the decision within (10) ten days following its issuance. + +Article (199 ) +Submitting the Final Account on Bankruptcy Proceeding Ended in +Composition +1. The trustee shall submit to the Bankruptcy Department a final account on the +bankruptcy proceeding within (10) ten days from the date of issuance of the decision to +terminate the bankruptcy proceeding due to composition, and the Bankruptcy +Depart ment shall notify the debtor of the final account within (10) ten days from the +date of its submission. +2. The debtor may object to the final account within (10) ten days from the date of his +notification and submit the objection to the Bankruptcy Department. The trustee shall be +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 126 + notified thereof within (10) ten days from the date of its submission, and the trustee +shall respond to the objection, not later than (10) ten days following his notification. The +Bankruptcy Department shall, within ten (10) days from the expiry of the deadline +granted to the trustee to respond, refer the objection file to the Bankruptcy Court to +decide on the objection, accompanied by a memorandum of its opinion on the +objection. + +Article (200 ) +Effects of Decision Terminating the Ban kruptcy Proceeding due to +Composition +All effects of bankruptcy shall cease to exist upon the issuance of a decision to terminate the +bankruptcy proceeding due to composition. + +Article (201 ) +Rescission and Invalidation of Composition +1. Any stakeholder may r equest invalidation of the composition if the insolvent debtor fails +to abide by its conditions. +2. The composition shall be invalidated in any of the following cases: +a. If, after being ratified or after the issuance of a decision to terminate the bankruptcy +proceeding due to composition, a judgment convicting the insolvent debtor of any of +the crimes of bankruptcy fraud is issued. +b. If, after being ratified or after issuance of a decision to terminate the bankruptcy proceeding for composition, fraud emerges resulting from concealing the insolvent +debtor's assets or exaggerating his debts, in this case an application shall be +submitted to invalidate the composition, not later than (3 ) three years from the date +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 127 + of knowledge of the fraud. + +Article (202 ) +Submission o f Application to Invalidate or Rescind Composition by Creditor +1. An application to invalidate or rescind the composition shall be submitted to the +Bankruptcy Department by any of the creditors, accompanied by all supporting +documents, data and information indicating that either of the cases of invalidating the +composition has been met or that the reason for the rescission has been fulfilled. The +Bankruptcy Department shall, within (10) ten days from submitting the application, +notify the creditors of the application and its attachments. It shall further notify the +debtor and the bankruptcy trustee who was appointed to manage the bankruptcy +proceeding and the Unit, where the debtor is supervised by the regulatory authority. +2. The debtor shall respond to or cancel the composition application within (10) ten days +from the date of his notification. The trustee may make any comments on the +application during the same period. + +Article (203 ) +Admission of Application for the Invalidation or Rescission of the +Composition +1. If the application for invalidation or rescission of the composition and its attachments +reveal its seriousness, the Bankruptcy Court shall issue a decision admitting the application, not later than (10) ten days from the expiration date of the period stipulated +in article (202.2) of this Law. The application file shall be referred to the Bankruptcy +Court, accompanied by a report on the application and the proceedings undertaken in +this regard. +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 128 + 2. The trustee shall, in the presence of the Head of the Bankrupt cy Department or his +representative, within (10 ) ten days from the date of issuance of the decision referred to +in Clause (1) of this Article, make a supplementary inventory of the insolvent debtor's +assets and prepare an additional budget. + +Article (204 ) +Service of Decision Granting the Application for Invalidation or Rescission +of Composition +1. The decision to admit and refer the application for the invalidation or rescission of the +composition to the Bankruptcy Court shall be served. Furthermore, it shall be recorded +and served upon the debtor, creditors, trustee and the Unit, where the debtor is supervised by the regulatory authority, within (10 ) ten days from the date of its issuance. +2. This decision shall have the same effects as the decision to initiate bankruptcy proceedings in accordance with this Law. +3. The bankruptcy trustee shall resume managing the debtor's assets starting from the day +following the date of issuance of the decision to admit the application for the +invalidation or rescission of the com position. If it is not possible for him to resume his +mission due to his resignation or for any other reason, the Bankruptcy Court shall appoint another trustee in accordance with the provisions of this Law. + +Article (205 ) +Revoking the Decision Granting t he Application for Invalidation of +Composition +The decision referred to in article (204) of this Law shall be deemed annulled by force of +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 129 + law, with its consequences, in any of the following cases: +1. Issuance of a judgment by the Bankruptcy Court dismissing t he application for the +invalidation of the composition, dismissing the application for the rescission of the +composition or dismissing the application. +2. If the decision was issued regarding the application for the invalidation of the +composition and a decis ion was issued by the Public Prosecution to save the +investigation or a judgment was issued by the Criminal Court acquitting the defendant regarding the same facts for which the application was submitted. + +Article (206 ) +Taking the Precautionary Measures U pon Investigation with the Insolvent +Debtor +Subject to the provisions of Articles (202 ) and (203) of this Law, when the investigation is +conducted with insolvent debtor with regard to the crime of bankruptcy fraud after ratifying +the composition or after i ssuing a decision terminating the bankruptcy through composition, +or if a criminal action is filed against him in this crime after this ratification or decision, the +Bankruptcy Court may, upon the request of the Public Prosecution or any interested party, +order the taking of whatever precautionary measures it deems necessary to preserve the +debtor's assets. These measures shall be automatically canceled if it is decided to close the +investigation or the insolvent debtor is acquitted. + +Article (207 ) +Judgmen t Invalidating the Composition +1. The Bankruptcy Court shall adjudicate the application submitted regarding the invalidity or rescission of the composition within (10) ten days from the date of the first hearing +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 130 + thereof. +2. If the court orders that the composition be deemed invalid or rescinded, the Bankruptcy +Department shall, within ten (10) days from the date of issuance of the judgment, serve +and record a summary of such judgment. + +Article (208 ) +Verification of New Debts +The trustee shall call the new credit ors to submit their debt documents in accordance with +debt verification procedures. New debts shall be verified in accordance with those +procedures, without re -verifying previously -approved debts. The trustee shall update their +data in light of the debts t hat have been paid. + +Article (209 ) +Discharge of Bona Fide Surety +Invalidating the composition shall results in the discharge of the bona fide surety, who +guarantees the implementation of the terms of the composition. Rescission of the +composition shall no t result in the discharge of the surety who guarantees the +implementation of its terms. Such surety shall be required to appear in the hearings during +which the application for rescission of composition is to be considered. + +Article (210 ) +Creditors' Recov ery of Full Debts +1. After the composition is held invalid or rescinded, the creditors shall recover their full +debts, with respect to the insolvent debtor only, and such creditors shall become part of +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 131 + the group of creditors with their full original debts if they have collected nothing of the +share allocated to them under the composition. Otherwise, their debts shall be reduced pro rata the value of debts collected by them. +2. The provision stipulated in Clause (1) of this Article shall apply in the event that th e +debtor is declared insolvent before completing the implementation of the composition +terms. + +Part Four +Common Provisions +Chapter One +Effects of Decision to Initiate the Proceedings +Article (211 ) +The provisions stipulated in this Part shall apply to the p roceedings in relation to the +preventive settlement, and bankruptcy declaration, in matters with no special provision in +this Law. + +Article (212 ) +Recovery of Assets +1. The owner of the assets in the possession of the debtor may, after obtaining permission from the Bankruptcy Court, recover those assets if he proves that he will sustain serious +damage as a result of not recovering them, disproportionate to the damage that will +befall the debtor and other creditors as a result of the loss thereof. +2. The serious d amage referred to in Clause (1 ) of this Article shall be deemed sustained in +either of the following cases: +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 132 + a. If the value of the assets is expected to decline significantly. +b. If the assets are not necessary to implement the preventive settlement proposal, th e +plan or the sale of the insolvent debtor's assets as an ""existing and ongoing activity"". + +Article (213 ) +Enforcement against the Secured Assets +Creditors with secured debts may, after obtaining the permission of the Bankruptcy Court, +initiate the enforce ment proceedings against the assets that serve as security for their debts +or exercise their rights stipulated in the contract. In which case, the sale may be made +through the trustee and without the need to initiate enforcement proceedings. + +Article (214 ) +Application Submitted by the Secured Creditors +1. The trustee, the debtor and the Unit, where the debtor is supervised by the regulatory authority, shall be notified of any application submitted by secured creditors in +accordance with article ( 213) of this Law, not later than (10) ten days from the date of its +submission. The Unit, the trustee or the debtor may object to the creditor's application before the Bankruptcy Court, within (10) ten days from the date of their notification, in +any of the following c ases: +a. If admitting the application would hinder the debtor from carrying out its activity in a +meaningful manner. +b. If admitting the application would prevent the submission of a proposal for a +preventive settlement or plan that could be approved by the cred itors or would +render the preventive settlement or useless. +c. If admitting the application would cause the debtor and creditors damage greater +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 133 + than the damage that might befall the creditor if the application was dismissed. +2. The Bankruptcy Court shall issue its decision on the objection referred to in Clause (1 ) of +this Article, not later than (10) ten days from the date of its submission. + +Article (215 ) +Deciding on the Application for Sale Permission +1. The Bankruptcy Court shall issue its decision not later th an (10) ten days from the date of +submitting the application for sale permission. +2. If the Bankruptcy Court issues its decision permitting the sale, the creditor or trustee shall +do their best not to sell the assets guaranteeing the debtor's debts or transfe r their +ownership at less than their market value during the two months preceding the sale or transfer of ownership by (10% ) or more. +3. If the sale is not completed in accordance with Clause (2 ) of this Article, the creditor or +trustee shall obtain new permission from the Bankruptcy Court to sell or possess the +same in accordance with the controls determined by the court. + +Article (216 ) +Refusal to Permit the Sale +The Bankruptcy Court may refuse to grant sale permission, whether the debt is subject to prevent ive settlement proceedings, or bankruptcy declaration, based on an objection +submitted thereto by the debtor, the trustee or the Unit, where the debtor is supervised by +the regulatory authority, within the deadlines specified in article (214) of this Law, if the +person submitting the objection proves that the interest of the creditors requires that all or +any of the debtor's assets, including the assets serving as securities with the creditors, be +sold on the basis of an ""existing and ongoing activity"". +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 134 + +Article (217 ) +Providing Alternative Security for Secured Debts +The trustee or debtor may offer to the secured creditors an alternative guarantee, provided +that the alternative guarantee is equivalent to the existing guarantee. If they do not accept +this off er, the Bankruptcy Court may order that the guarantee be replaced if it becomes clear +thereto that the alternative guarantee is not less in value than the existing guarantee and +does not cause damage to the interest of the creditor to whom the alternative guarantee is +offered, without prejudice to the concessions and effects of the previous registration. + +Article (218 ) +Repayment of Secured debt +The trustee or the debtor may, as the case may be, after obtaining permission from the +Bankruptcy Court, pay off the secured debt for the sake of using the pledged assets for the benefit of the remaining creditors. + +Article (219 ) +Co-Principal Debtors +1. If there is a group of debtors who are liable for a single debt, and a decision is issued to initiate proceedings against any of them on such a debt, the decision shall not have any +effect on the other co- debtors, unless otherwise stipulated. +2. If the preventive settlement proposal, plan or composition for the debt for which the decision to initiate the proceedings was iss ued has been ratified, its conditions shall +apply to the other co -debtors. +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 135 + +Article (220 ) +Collecting the Debt from A Co -Principal Debtor +1. If a creditor collects part of the debt from any of the co -principal debtors, and then a +decision is issued to initiat e the proceedings for the rest of the co- debtors or any of them, +the creditor may only get involved in the proceedings for the remainder of its debt, and +shall continue to reserve the right to claim repayment of its remaining debt balance from +any co -debto r against whom no decision to initiate proceedings has been issued. +2. Such a co -debtor may get involved in the proceedings in accordance with the provisions +of this Law with regard to the debt balance he has paid on behalf of the debtor in respect +of whom th e decision to initiate the proceedings has been issued. + +Article (221 ) +Involvement of Creditor in the Proceedings +1. If a decision is issued to imitate the proceedings for all co -principal debtors at once, the +creditor may get involved in all proceedings for each co- debtor with all of its debt until +he recovers the debt in full, including the principal debt, interest and expenses. +2. If the total amount collected by a creditor exceeds the value of its debt and its associated +rights, the excess shall be refunded to the assets of the debtor who is guaranteed by third +parties according to the order of their obligations in the debt. +3. If the arrangement referred to in this Article is not fulfilled, the excess amount shall be +refunded to the debtors' assets, which paid more than their share in respect of the debt. + + + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 136 + Article (222 ) +Estate +1. If an estate is transferred to the debtor, the latter shall notify the trustee or the creditors, +as the case may be. Its creditors shall only have a right over such estate after the +decedent's creditors have recovered their rights from such assets, and the decedent's +creditors shall not have any rights over the debtor's assets. +2. If the debtor's assets are managed by the trustee or if precautionary measures have been +taken over them, the t rustee shall take the necessary measures to protect the interests of +creditors regarding the debtor's rights in such estate. + +Article (223 ) +Preventing the Debtor from Repaying Debts After Initiation of Proceedings +1. After the issuance of the decision to initiate the proceedings, the debtor may not repay +its debts. +2. The debtor may, subject to prior approval of the Bankruptcy Court, pay off its debts +arising from the rights of employees and suppliers of machinery, equipment, tools, +goods, services or other thin gs necessary for the continuation of the debtor's business +and the preservation and development of its assets, as well as the necessary expenses for +the debtor and its family so that these amounts are paid on their due dates periodically +from the debtor's assets. + +Article (224 ) +Set-off +1. It is not permissible to set off debts payable after the decision to initiate the proceedings, +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 137 + unless the same is based on the implementation of the preventive settlement proposal or +the plan or based on a Bankruptcy Court's decision issued within (10) ten days from the +date of submitting a motion thereto by the trustee or creditor. +2. The net set -off agreement shall be considered final and effective in accordance with its +terms and conditions and may not be suspended or interrupted. +3. The provisions of Federal Decree Law No. (10) of 2018 regarding set -off on a net basis +shall apply to matters not specifically provided for in this Law. + +Article (225 ) +Debt Owed to Creditor After Set -Off +The remainder of the debt owed to the credito r, after the set- off is carried out, shall be +included in the debtor's debts and occupy the same rank as the original debt. The remainder +owed to the debtor shall also be included in the debtor's assets and be paid to the person in +charge of managing the d ebtor's assets and business. + +Article (226 ) +Conventional Subrogation of Creditor +The person, who has subrogated the creditor based on an agreement, may not demand a setoff between the rights transferred to them by the creditor and the debts owed by them t o +the debtor, and shall fulfill the rights of the debtor under his agreement with the debtor and subrogate the creditor who transferred thereto his rights in the proceedings against the debtor. + + + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 138 + Article (227 ) +Distribution of Profits and Disposition of S hares +1. After the issuance of the decision to initiate the proceedings, the debtor or the trustee +may not undertake any of the following actions without obtaining the permission from +the Bankruptcy Court: +a. Distribution of profits to shareholders and partners. +b. Board members' and managers' disposition of their shares in the debtor company. +2. No amendment may be made to the company's articles of association without obtaining +the approval of the Unit, where the debtor is supervised by the regulatory authority, for +amendments made during preventive settlement proceedings or the trustee for +amendments made during or bankruptcy proceedings. +3. If the debtor is supervised by the regulatory body, the trustee or the Unit may disapprove +the amendment within ten (10) days from the date of notification, if the amendment +would affect the rights of creditors. The debtor has the right to object before the +Bankruptcy Court to the decision of the Unit or the trustee within (10) ten days from the +date of its notification. +4. The Bankruptc y Court shall issue its decision within (10) ten days from the date of +submitting the objection. + +Article (228 ) + Recovery +1. It is permissible that the goods, ownership interests, real estate and any other assets, +which are kept in the debtor's possession as a bailment or for the purpose of being sold +on behalf of their owner or for the purpose of being handed over to the owner thereof, be recovered, provided that the same is physically found in the debtor's assets. If such +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 139 + assets are in a cash form, they shall be deemed to physically exist in the debtor's assets if +they have been credited to the debtor's personal account with a financial institution. +2. If the debtor has kept the assets referred to in Clause (1 ) of this Article in the custody of a +third party, t he same may be recovered from that third party. +3. If a debtor borrows funds and pledges the assets referred to in Clause (1 ) of this Article to +secure such a loan but the lender is not aware at the time of pledging that the debtor does not own such assets, they may only be recovered after the secured debt is repaid. +4. The recovery applications described in this Chapter shall be submitted to the Bankruptcy Department, accompanied by documents proving the eligibility of the recovery applicant +in respect of its ap plication. The Bankruptcy Department shall notify the debtor, the +creditors, the trustee and the Unit, where the debtor is supervised by the regulatory +authority, of the application and its attachments within (10) ten days from the date of its +submission, and each of them may express its opinion on the application, not later than +(10) ten days from the date of notification. +5. The Bankruptcy Court shall decide on the recovery application not later than (10) ten +days from the end of the period specified for res ponding to the application. + +Article (229 ) +Recovery of the Price +The owner may recover the price of the goods, ownership interests or real estate which the debtor sold on behalf of their owner, if the price has not been paid in cash or by a negotiable +instrument or by set -off in a current account between the debtor and the purchaser, unless +the said account belongs to the debtor's clients. + + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 140 + Article (230 ) +Handover of Debtor's Rights to Trustee +In the cases referred to in Articles (228) and (229) of this L aw, the recovering party shall +hand over to the trustee the rights owed to the debtor. + +Article (231 ) +Recovery of the Goods, Ownership Interests or Real Estate from Debtor's +Assets +1. If the sale contract is terminated by virtue of a judgment or a condition in the contract +before a decision is issued to initiate bankruptcy proceedings with respect to the +purchaser's debt, the seller may recover the goods, ownership interests or real estate +from the debtor's assets if the same is physically available. +2. The recovery may be made even if the termination has been made after a decision is +issued to initiate the proceedings, provided that the action for recovery or termination is +filed before the aforementioned decision being issued. +3. The applications for recovery stip ulated in this Article shall be submitted in accordance +with the same controls and procedures contained in article (228) of this Law. + +Article (232 ) +Withholding Assets or Recovering Possession of Transferred Assets +1. If a decision is issued to initiate bank ruptcy proceedings for the purchaser before paying +the price and the goods are still in the seller's possession, the goods have not yet entered +the purchaser's warehouses or the warehouses of its agent authorized to sell them, or +where the seller has not t ransferred the ownership interests or real estate to the +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 141 + purchaser's name, the seller may withhold the aforementioned assets or recover +possession of the assets transferred for the purpose of handing them over to the purchaser and terminate the sale contract. +2. The goods may not be recovered if they have lost their nature or if the debtor has +disposed of them before their arrival without fraud under the title deed or a bill of lading. +3. In all cases, the trustee or the debtor may, after obtaining the permission from the +Bankruptcy Court, request the implementation of the sales contract on the condition that +he pays the seller the agreed -upon price. If the trustee does not request so, the seller may +assert his right to termination, claim for compensation and take part in the bankruptcy +proceedings. + +Article (233 ) +Cases of Inadmissibility of Rescission and Recovery +If a decision is issued to initiate bankruptcy proceedings regarding the purchaser's debt before paying the price and after the goods have entered to its warehouses or the +warehouses of its agent authorized to sell them, in addition to transferring ownership of the ownership interests or real estate to the name of the purchaser, the seller may not request +rescission of the sale or recovery of the goods, and his right to the lien regarding the goods +shall be forfeited. + +Article (234 ) +Recovery of Negotiable Instruments and Securities +1. Negotiable instruments and other instruments of value handed over to the debtor may +be recovered to collect their value or t o allocate them for a specific payment, if they are +found in kind in the debtor's assets and their value had not been paid when the decision +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 142 + to initiate the proceedings was issued. +2. Recovery is not permissible if the instruments described in Clause (1) of this Article are +found in a current account between the person requesting recovery and the debtor. +3. The securities kept with the debtor shall be recovered as a registered owner in +accordance with the rules of the relevant regulatory authority. + +Article (235 ) +Recovery of Banknotes +Banknotes deposited with the debtor as a bailment may not be recovered unless the +recovering party proves their specific characteristics and the specific characteristics of +banknotes shall be proven by all means of evidence. + +Artic le (236 ) +Recovery of Items +1. Any person shall have the right to recover from the debtor's assets any items proven to +be owned by such a person. If the debtor or the trustee, as the case may be, refuses to +return the items, the dispute shall be referred to th e Bankruptcy Court. +2. In all cases in which the recovery applications is submitted after the issuance of the +decision to initiate bankruptcy proceedings, the recovery applicant may only recover the +claimed items after obtaining permission from the Bankruptcy Court. + +Article (237 ) +Recovery from the Spouse's Assets +It is not permissible for either spouse to recover from the other spouse's assets the gifts and +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 143 + donations given thereto by its spouse during the marriage by the way of disposition +between the living or will after death, nor is it permissible for creditors to demand the same. + +Article (238 ) +Spouse's Recovery of its own Assets +1. Each of the spouses may recover from the other spouse's assets its movable and immovable assets if it proves its ownership the reof, and these assets remain inclusive of +the rights that the third party has legally acquired over them. +2. If the recovery application is submitted after the issuance of the decision to initiate +bankruptcy proceedings, the recovery applicant may not be giv en what it claims without +obtaining permission from the Bankruptcy Court. + +Chapter Two +Companies +Article (239 ) +Corporate Debts +Unless there is a special provision in this Chapter, the provisions of this Law shall apply to +preventive settlement, and bankru ptcy proceedings undertaken regarding corporate debts. + +Article (240 ) +Approval of Partners' Majority to Submit Application for Initiation of +Proceedings +1. The company manager, the liquidator or third parties may not submit an application for +initiation of p roceedings in accordance with the provisions of this Law without obtaining +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 144 + approval to do so from the majority of the partners in the General Partnership, the +majority of the Active Partners in the Limited Partnership, from the owner partner in the one -person company and from the general assembly, by virtue of a special decision, in +other companies. The approval of the trustee is sufficient for composition. +2. The application shall include the names of the Active Partners at the time of submitting +the applicat ion who exited the company after it ceased to repay its debts, with a +statement of the domicile of each Active Partner, his nationality and the date of his exit +from the company in the commercial register. + +Article (241 ) +Suspension of Liquidating or Placi ng the Company under Receivership +If the debtor is a company and it is decided to initiate proceedings regarding its debts, adjudication of every application whose subject is the liquidation of the company or its +placement under judicial receivership, shall be suspended. In addition, the identity of the +company being liquidated shall continue until the completion of the proceedings stipulated +in this Law. + +Article (242 ) +Trustee's Representation of the Company +The trustee shall represent and act on behalf o f the company that has been declared +bankrupt in every matter in which the Law requires taking opinion, the appearance or approval of the Board of Directors, of the bankrupt debtor. + + + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 145 + Article (243 ) +Collecting the Company's Debts from Partners and Shareho lders +1. With the exception of companies subject to preventive settlement proceedings, if any +partners or shareholders are indebted to the company due to non- payment of the +remainder of their shares in the capital or for any other reason, the Bankruptcy Court +may entrust the trustee to follow up on collecting these debts and to represent the +company in collecting the same, even if the company is subject to proceedings and +maintains management of its assets and business. +2. In the event that a decision is issued t o initiate bankruptcy proceedings, the Bankruptcy +Court may authorize the trustee to demand from the partners or shareholders the +unpaid amounts of their shares in the capital, even if the due date has not yet come. The +Bankruptcy Court may order that this claim be limited to the amount necessary to repay +the company's debts. + +Article (244 ) +Application to Initiate Proceedings Applies to Active Partners +1. The application for initiation of the proceedings submitted regarding the company's debt +shall be conside red to be submitted at the same time regarding the debt of each of the +Active Partners therein on the date of submitting the application, in addition to the partners who exited the company and remained obligated to repay its debts. +2. Each debt shall be indep endent of other debts in terms of proceedings, such as the +verification of debts, the appointment of trustees, creditor meetings, plans submitted, +trustees and controllers, as well as the decisions taken in each debt and the judgments +issued therein. The c ompany's assets consist of its liabilities, including the partners' +shares, and its liabilities include only the rights of its creditors. As for the general partner, +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 146 + his assets consist of his own assets, and his liabilities include the rights of his credit ors +and the company's creditors. +3. If a decision is issued to initiate for declaring the company's bankruptcy or a judgment is +issued to declare its bankruptcy, the same shall not prevent the issuance of the decision +to initiate proceedings for preventive se ttlement or with respect to the partner or vice +versa. Furthermore, the same provision shall apply to the debts of each Active Partner +with respect to other partners. + +Article (245 ) +Application for Initiation of Proceedings Applies to any User of the +Comp any's Name and Acting on its Behalf +The Bankruptcy Court may consider the application for the initiation of proceedings +submitted regarding the company's debts as submitted regarding the debt of any person +who used the name of this company and acted on its behalf in respect of commercial +activities on his own account and disposed of the company's assets as if they were his own +assets. The provisions of article (244.2 and 244.3) of this Law shall apply to the situation +described herein. + +Article (246 ) +Liabi lity of Directors, Managers and Liquidator for Company's Debts +1. If the company is declared bankrupt, the Bankruptcy Court may, upon the request of the +trustee, the Unit, where the debtor is supervised by the regulatory authority, or any of +the creditors, ob lige the members of the Board of Directors, the managers, any person +responsible for the actual management of the company or those in charge of the liquidation, in respect of the liquidation procedures executed outside the framework of +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 147 + this Law, to pay an amount proportional to the mistake attributed to the person +concerned. The amount shall be used to repay the company's debts if it is proven that any of them committed any of the following acts during the two years preceding the +company's cessation of paym ent: +a. Using commercial methods, whose risks are not thoughtfully studied, such as +disposing of goods at prices lower than their market value in order to obtain +amounts with the intention of avoiding bankruptcy proceedings or delaying their +initiation. +b. Enter ing into transactions with third parties to dispose of assets without +compensation or in exchange for insufficient compensation and without a confirmed +or proportionate benefit to the company's assets. +c. Paying the debts of any creditor with the intention of causing damage to other +creditors. +d. If it becomes clear after the company's bankruptcy that its assets are insufficient to +pay at least 20% of its debts, as long as it is proven that they failed to manage the +company in a way that led to the deterioration of its financial condition. +2. The court shall not issue a judgment declaring the company insolvent debtor if the person to whom the acts described in this Article are attributed proves that he has taken +all the precautionary measures that a reasonable person could take to reduce the +potential losses on the company's assets and its creditors. +3. The case for the liability of the persons specified in Clause (1 ) of this Article shall be filed +not later than (2 ) two years following the issuance of the judgment declaring the +company bankrupt, otherwise the right to file the same shall be forfeited. +4. Any person who has proven its reservations regarding the same in writing shall be +exempted from liability for the acts stipulated in Clause (1 ) of this Article. +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 148 + Chapter Thr ee +Procedures for Small Debtors +Article (247 ) +If, after an inventory of the debtor's assets, it becomes clear that their value does not exceed +the value specified in the Executive Regulations, the court may, sua sponte or upon the +motion of the debtor, the trustee or any of the creditors, order the initiation of proceedings +for preventive settlement, or bankruptcy declaration, taking into account the following +provisions: +1. Shorten the periods stipulated in this Law by half unless the Bankruptcy Court decides +otherwise. +2. Never appoint a trustee unless the Bankruptcy Court decides otherwise. +3. Not appoint a Committee of Creditors unless the Bankruptcy Court decides otherwise. +4. The preventive settlement proposal or plan shall be considered admissible if it is approv ed by the majority of creditors who have the right to vote in number and value, +without taking into account the debts and number of creditors who did not engage in +the vote. +5. Notwithstanding Clause (4) of this Article, the Bankruptcy Court may decide to initiate +preventive settlement or proceedings or declare bankruptcy despite the lack of approval +of the creditors if it deems the same appropriate for the situation of the debtor and the +interest of the creditors. +6. All judgments and decisions of the Bankruptcy Court may not be appealed, unless the +reason for the appeal is related to lack of jurisdiction or the passage of appeal deadlines. + + + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 149 + Article (248 ) +Discharge of Debtor +1. Notwithstanding the provisions of article (185) of this Law, if bankruptcy proceeding +ends for the debtor referred to in article (247) of this Law, this debtor has the right to +submit an application to the Bankruptcy Department to be discharged of its remaining +debts on the date of submitting the application. +2. If the debt is any of the debts referred to in article (182.2) of this Law, the debtor's +liability shall be released within the limits in excess of the creditor's share that was set +aside and reserved for the creditor in accordance with the said Article. +3. Submitting the application refer red to in Clause (1 ) of this Article shall result in the +cessation of all measures taken by creditors to collect the remainder of the debtor's debts +with respect to them. +4. The Bankruptcy Court shall issue its decision on the application, not later than (10) ten +days following its submission, and this judgment shall apply to any personal guarantees +submitted by the partners in the insolvent debtor company. + +Article (249 ) +Effects of Discharge of Debtor +1. The debtor's discharge of debts in accordance with article (248) of this Law may not +result in the debtor recovering assets under liquidation and distribution in accordance +with the provisions of this Law in a way that makes the creditors, who are parties to the liquidation and distribution procedures, lose the opportunity to fully collect their debts. +2. The debtor's discharge shall not apply to assets on which the creditor has placed a lien until the date of the day prior to submitting the application to discharge from the +remainder of the debt in accordance with article (248) of this Law. In this case, the +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 150 + debtor's discharge shall apply to what exceeds the debt of the attaching creditor on the +attached assets. + +Article (250 ) +Cases where Debtor may not be Discharged +The debtor may not be discharged from the remain der of the debt in accordance with Article +(248) of this Law in the following cases: +1. If the debt is owed under the Personal Status Law, or arises from debts owed to the public treasury or is guaranteed by personal insurance. +2. If the debtor conceals any info rmation or documents required to be provided under this +Law, he was ordered by the Bankruptcy Court to submit them but he refrains from submitting them or he submits misleading documents or information. +3. If the debtor engages in any behavior resulting in th e delay with respect to the +proceedings stipulated in this Law. +4. If the debtor has previously benefited from the discharge of its debt in accordance with this Law during the six (6) years preceding the date of expiration of the bankruptcy +proceeding in resp ect of which it applied for a discharge of the debt. +5. Issuance of a final judgment against the debtor imposing a deprivation of liberty penalty +for any crime affecting the national economy or any of the crimes stipulated in this Law, +unless it has been rehabilitated. +6. If the criminal case relating to any of the crimes mentioned in Clause (5 ) of this Article is +still under investigation or trial, the procedures for requesting a discharge of the debt and +all measures taken against the debtor to collect the remainder of the debt shall be +suspended until a final judgment is issued thereon. In this case, the Bankruptcy Court +may issue whatever precautionary measures it deems appropriate to preserve the rights +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 151 + of creditors. + +Part Five +Proceedings for Preventive Set tlement, or Bankruptcy Declaration During +Emergency Financial Crisis +Article (251 ) +Provisions Applicable to Preventive Settlement, or Bankruptcy Proceedings +During Emergency Financial Crisis +As an exception to the provisions of this Law, the provisions of this Chapter and the +decisions issued in implementation of its provisions shall apply to proceedings for +preventive settlement, or bankruptcy declaration during an emergency financial crisis, +provided that the provisions of this Law shall apply to the matt ers not specifically provided +for in this Chapter, and in a manner that does not conflict with its provisions. + +Article (252 ) +Granting the Application for Initiation of Proceedings During Emergency +Financial Crisis +If the debtor submits an application for initiation of the proceedings for the preventive +settlement, or bankruptcy declaration during an emergency financial crisis, the Bankruptcy Court may admit the application and take whatever measures it deems appropriate, +including proceeding with the proc eedings without the need to appoint a trustee, provided +that the debtor proves that the instability in respect of financial position or financial condition of the debtor arose due to the emergency financial crisis. + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 152 + +Article (253 ) +Giving the Debtor a Time Limit to Negotiate with Creditors +1. If the Bankruptcy Court admits the debtor's application stated in article (252) of this +Law, the debtor may ask the court to grant him a period not exceeding forty (40) days to +negotiate with the creditors to reach an agr eement to settle its debts. +2. The debtor shall announce a summary of the Bankruptcy Court's decision to approve +granting the debtor the period, provided that the notification includes a notice to the +creditors to negotiate with the debtor to agree on the set tlement, not later than twenty +(20) days from the date of the notification. The notice shall specify the place or means +through which the negotiation procedures will be executed. +3. The debt settlement period offered by the debtor shall not exceed (12) twelve months +from the date of the Bankruptcy Court's decision approving the debtor's application. +4. The summary of the negotiations between the debtor and creditors and the settlement +agreement shall be documented in writing, including the exchange of corresponde nce +via electronic means. In the event that an agreement is reached to settle the debtor's +debts by creditors representing two -thirds of the value of the debt, who got involved in +the negotiation procedures with the debtor, this agreement shall be binding on all creditors, including creditors who abstained from engaging in the negotiation +procedures. +5. The debtor and any creditor who has an interest in the proceedings shall notify the Bankruptcy Court and all creditors of the details of the settlement agreeme nt contained +in this Article within (10) ten days from the date of the written approval of the creditors. +The Bankruptcy Court may issue a decision rejecting the settlement agreement within +(15) fifteen days from the date of its notification of it if it be comes clear that it is not +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 153 + consistent with good faith in implementing obligations. +6. Any creditor who does not agree to the settlement agreement in accordance with the +provisions of this Article may file an objection before the Bankruptcy Court within (15) +fifteen days from the date of its notification of the settlement agreement, and the court +shall decide on the objection not later than five ( 5) days from the date of submitting the +objection, after its decision is final and binding on all creditors. + +Article (254 ) +Postponing Consideration of Creditors' Application for Initiation of +Proceedings +1. The Bankruptcy Court shall not take any precautionary measures on any of the debtor's +assets necessary for the continuation of its business during the period of the e mergency +financial crisis, including affixing seals on the debtor's business headquarters and assets, except for what the court deems unrelated to the conduct of the debtor's business. +2. The Bankruptcy Court shall not take any precautionary measures on any o f the debtor's +assets necessary for the continuation of its business during the period of the emergency financial crisis, including affixing seals on the debtor's business headquarters and assets, +except for what the court deemed unrelated to the conduct o f the debtor's business. + +Article (255 ) +Amending the Deadlines and Time Limit Set out in the Law +If the application for the initiation of proceedings was submitted by the debtor or creditor and was admitted by the Bankruptcy Court before the emergency financial crisis, the +Bankruptcy Court may amend the deadlines and periods set out in this Law to additional +periods not exceeding twice what is stipulated in cases other than emergency financial +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 154 + crises, to address the direct consequences resulting from the c ircumstances of the +emergency financial crisis on the debtor's business. + +Article (256 ) +Actions of Directors and Managers During Emergency Financial Crisis +1. If the debtor is a legal person and ceases to repay the debts owed thereby due to the +emergency fin ancial crisis, the members of the Board of Directors and managers shall +not assume liability if they dispose of the debtor's assets in order to pay the unpaid wages and salaries paid periodically, excluding any kind of allowances, bonuses and +other incidental payments, whether material or in kind, owed to the debtor's employees, +workers and users necessary for the continuation of the business during the emergency +financial crisis. +2. The members or managers of the Board of Directors of the legal person shall, as the case may be, update the company's accounts and data in light of the losses arising from the +emergency financial crisis, act with caution and good faith and work in the best way +possible to serve the interests of the legal person in respect of protec ting its objectives +and financial assets. + +Article (257 ) +Permission for Debtor to Obtain New Finance +If the debtor's application for the initiation of preventive settlement and proceedings is admitted in accordance with article (252) of this Law, the Bank ruptcy Court may permit the +debtor, based on its request, to obtain new financing with or without guarantee, in +accordance with the following provisions: +1. The new financing shall have priority over any existing ordinary debt owed by the debtor +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 155 + on the date o f the decision to initiate the proceedings. +2. The possibility of guaranteeing the new financing by mortgaging any of the debtor's +unmortgaged assets. +3. The possibility of guaranteeing the new financing by executing a mortgage on the +debtor's mortgaged assets that were valued at a value exceeding the value of the debt +secured by the previous mortgage. In this case, the new mortgage shall have a lower rank +than the existing mortgage on the same assets, unless the creditors whose debts are +secured by the assets su bject to the mortgage agree that the new mortgage shall have a +rank equal to or higher than the existing mortgage on the same assets. +4. If the mortgagee creditor is a licensed financing body, it is permissible to mortgage the +same asset even if it was valued at a value equal to the value of the debt secured by the +previous mortgage, at a value not exceeding (30% ) of the value of such asset, and the +Bankruptcy Court may issue an approval decision. The new mortgage shall have a rank equal to or higher than the existing mortgage on the same asset, especially if the +objective of the new financing is to obtain materials or services necessary for the +continuation of the debtor's business to achieve returns for the debtor for the purpose of +helping it settle its outs tanding debts. + + + + + + + + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 156 + Part Six +Grievances and Appeals +Chapter One +Grievances +Article (258 ) +Grievances against Debtor's or Trustee's Acts +Any interested party may file a grievance before the Bankruptcy Court when the debtor or +trustee commits any of the following acts: +1. If it failed to such party of attending any of the creditors' meetings or to inform it of the meeting in accordance with the provisions of this Law. +2. If he proposes to act or acts in an unfair manner to cause damage to the said party's intere sts +3. If it neglects or fails to perform its duties or does not exercise due diligence in accordance +with established principles. +4. If it misuses or withholds any assets or property belonging to the debtor or breaches any liability owed thereby to the debtor. + +Article (259 ) +Grievance against Bankruptcy Department's Acts +Any interested party may file a grievance before the Bankruptcy Court if the Bankruptcy Department fails to perform any of its obligations stipulated in this Law. + + + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 157 + Article (260 ) +Filing of Gr ievance +The grievance shall be submitted in accordance with this Part, not later than (10) ten days +from the date of the Grievant's knowledge of the aggrieved incident. If this incident is +subject to notification or announcement in accordance with this Law , the time period for +grievance begins from the date of notification of the grievance or announcement, whichever +is earlier. + +Article (261 ) +Notification of and Responding to Grievance +1. The grievance shall be submitted to the Bankruptcy Department which shall notify the +trustee, the Unit, where the debtor is supervised by the regulatory authority, the +controller and the debtor if the grievance was submitted by another person, not later +than (10) ten days from the date of its submission. Any other person whos e rights may +be affected by the decision issued in the grievance shall also be notified of the grievance, +in accordance with the matters to be determined by the Bankruptcy Court in this regard. +2. Any interested party may submit a memorandum to the Bankruptcy Department, +responding to the grievance, not later than (10) ten days from the date of its notification +of the grievance. +3. The Bankruptcy Court shall decide on the grievance with a reasoned decision, not later +than (10) ten days from the expiration date of the period stipulated in Clause (2 ) of this +Article. + + + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 158 + Article (262 ) +Effects of Filing of Grievance +1. The grievance shall not entail the suspension of the proceedings unless the Bankruptcy +Court decides otherwise. +2. The Bankruptcy Court may request the Grie vant to provide an in -kind or bank guarantee +issued by any of the banks operating in the State, or any other guarantee it decides, to +guarantee any damage that may occur as a result of suspension of the proceedings. +3. The Grievant shall recover the guarantee if the grievance is decided in its favor. + +Chapter Two +Appeal +Article (263 ) +Appealing before the Court of Appeal +1. Any interested party may file an appeal against the Bankruptcy Court's decision before +the Court of Appeal, not later than thirty (30) days f rom the date of service or notification +of the decision. +2. Judgments issued by the Bankruptcy Court may be appealed before the Court of Appeal, +not later than thirty (30) days from the date of issuance of the judgment. + +Article (264 ) +Appeal Filing Procedures +1. The challenge shall be submitted to the Bankruptcy Department, which shall register the same with the Court of Appeal. The Court shall set a hearing to consider such challenge +within (30) thirty days from the date of its submission. The date on which the challenge +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 159 + is submitted shall be considered the time of its submission to the Bankruptcy +Department. +2. The Bankruptcy Department shall notify the parties of the challenge and notify the Unit, +where the debtor is supervised by the regulatory authority, as well as the trustee and the +controller if they are not litigated, and everyone whom the Bankruptcy Court deems +necessary to notify, within a maximum period of (10) ten days from the date of +submitting the challenge. +3. The Unit, the trustee and the controller sh all each submit to the Bankruptcy Department +a memorandum of its opinion on the challenge, not later than (10) ten days following +their notification, and each interested party may submit to the Bankruptcy Department a +memorandum of its defense or opinion w ithin the period described herein. + +Article (265 ) +Judgment on the Appeal +1. The Bankruptcy Department shall refer the challenge file and the memorandums it has received to the Court of Appeal within (10) ten days from the end of the period referred +to in Art icle (264.2) of this Law, provided that a memorandum of its opinion thereon is +attached thereto. The challenge shall not result in suspension of the proceedings, judgment or challenged decision, unless the Court of Appeal decides otherwise. +2. The judgment of the Court of Appeal on the appeal shall become final and may not be +challenged by any means of challenge. However, this judgment may be retracted before +the court that issued it in accordance with the rules contained in the Civil Procedure Law. +3. Judgments issued by the Court of Appeal shall be enforced without service, and no +objection may be filed against them. + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 160 + Part Seven +Crimes, Penalties and Rehabilitation +Article (266 ) +Application of the Most Severe Penalty +The penalties stipulated in this Part shall not prejudice to any more severe penalty stipulated +in any other law. + +Article (267 ) +Considering the Trustee and Controller as Public Employees +The trustee and controller shall be considered a public employee with regard to actions for +which the laws have established a penalty or whose punishment has been harshened if +committed by a public employee. + +Article (268 ) +Concealment of Books and Detrimental Acts Committed by the Debtor +Any debtor, whose bankruptcy has been declared based on a final judgment, and who, after +having ceased to repay its debts, commits any of the following acts, shall be considered to +have committed bankruptcy fraud and shall be punished with imprisonment sentence for a +period not exceeding (5 ) five years and / or a fine not exceeding (AED 1,000,000) million +UAE dirhams: +1. Conceals all or any of its books, destroys and alters the same with the intention of +causing damage to its creditors. +2. Disposes of its assets after it ceases to repay its debts or after it becomes in a state of +deficit in the financial position, if the same is made with the intention of excluding these +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 161 + assets from the creditors. +3. Conceals part of its assets with the intention of causing damage to its creditors. +4. Acknowledges debts that are not owed thereby or reduces its a ssets while being aware +of the same, whether the acknowledgment is made in writing, orally, in the balance +sheet, or through refraining from submitting papers or clarifications. +5. Obtains ratification on the terms of composition by fraud. + +Article (269 ) +Con cealment of Books and Embezzlement by Debtor's Managers +The chairman and members of the company's board of directors and its managers, auditors +and officers responsible for its liquidation or, shall be punished with imprisonment for a +period not exceeding (5 ) five years and / or a fine not exceeding (AED 1,000,000) million +UAE dirhams, if, after a final decision is issued to initiate proceedings against the company, +they commit any of the following actions: +1. Conceal, destroy or alter all or any of the compan y's books. +2. Embezzle or conceal of part of the company's assets. +3. Acknowledge debts that are not owed by the company, while being aware of the same, +whether the acknowledgment is made in writing, orally, in the budget, or through +refraining from submitting p apers or clarifications in their possession while being aware +of the consequences thereof. +4. Obtain approval of the preventive settlement proposal, plan or settlement terms through +fraudulent means. +5. Declare matters that are contrary to the truth about the su bscribed or paid -up capital, +distribute fictitious profits, embezzle any of the company's assets in the form of bonuses, +if it is proven that they are aware at the time of embezzling those assets that they were +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 162 + not entitled to all or any thereof. + +Article (270 ) +Bankruptcy by Default +Any debtor, who has been declared insolvent debtor by a final judgment and is proven to +have committed any of the following actions, shall be considered insolvent debtor by default +and shall be punished with imprisonment sentence and / or a fine not exceeding one +hundred thousand UAE dirhams (AED 100,000): +1. Spends exorbitant amounts for its personal expenses or household expenses, if any of +the same is among the reasons for its cessation of payment. +2. Fails to keep sufficient comme rcial books to determine the true financial position or to +carry out the inventory required in accordance with the law. +3. Refrains from submitting the data requested by the trustee, the Bankruptcy Court or the +Court of Appeal. +4. Pays any debt in a manner contr ary to the terms of the preventive settlement proposal or +the approved plan or Dispose of any assets in a manner contrary to the terms stated in the proposal or plan. +5. Pays, subsequent to the cessation of the payment, a debt to any of the creditors to the +detriment of the rest or provide a guarantee or special benefits to any of the creditors in +preference to the rest, even if the same is made with the intention of obtaining the +approval of the required majority on a preventive settlement proposal, plan or +composition. +6. Disposes of its goods or any of its assets or rights at a significantly lower price or market +value with the intention of delaying its cessation of payment or declaration of its +bankruptcy, delaying the rescission of the composition, preventive settlement proposal +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 163 + or plan or, for this purpose, resorting to illegal means to obtain sums of money. +7. Spends huge sums of money on fictitious speculation in matters other than the activities +required for its business. + +Article (271 ) +Fraudulent Behavior b y Directors, Managers and Liquidators +In the event that a final judgment is issued declaring the bankruptcy of a company, the +members of its Board of Directors, managers and liquidators shall be punished with +imprisonment and / or a fine not exceeding five hundred thousand UAE dirhams (AED +500,000), if they commit any of the following actions: +1. Determine exorbitant remuneration for members of the Board of Directors, the CEO and managers during the three (3 ) years preceding the company's cessation of payment, and +the same was one of the reasons for the cessation. +2. Failure to maintain commercial books sufficient to determine the true financial position +of the company or failure to carry out the inventory required in accordance with the law. +3. Refrain from submitting the data requested by the trustee, the Bankruptcy Court or the +Court of Appeal or deliberately provide incorrect data. +4. Dispose of its goods or any of its assets after the cessation of payment, if the same is intended for concealing these assets from cre ditors. +5. Pay any debt in a manner contrary to the terms of the preventive settlement proposal or +the approved plan or Dispose of any assets in a manner contrary to the terms stated in +the proposal or plan. +6. Pay, subsequent to the cessation of the payment, a debt to any of the creditors to the +detriment of the rest or provide a guarantee or special benefits to any of the creditors in +preference to the rest, even if the same is made with the intention of obtaining the +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 164 + approval of the required majority on a prev entive settlement proposal, plan or +composition terms. +7. Dispose of the company's goods or any of its assets or rights at a significantly lower price +or market value, in a manner not tolerated based on the customary practices, with the +intention of delaying the company's cessation of payment or declaration of its +bankruptcy, delaying the rescission of the preventive settlement proposal, plan or the +composition terms, or, for this purpose, resorting to illegal means to obtain sums of +money. +8. Spend huge sums of money on fictitious speculation in matters other than the activities required for the company's business. + +Article (272 ) +Effect of Criminal Action for Bankruptcy by Fraud or Default +If the criminal actions are filed for bankruptcy fraud or bankruptcy by d efault, or where a +judgment is issued in accordance with the provisions of the foregoing Articles, the +proceedings for preventive settlement,, bankruptcy declaration and composition shall remain independent of the criminal actions without being referred to the criminal court, +unless this Law provides otherwise. + +Article (273 ) +Embezzlement by the Trustee +1. A penalty of imprisonment and / or a fine of not more than (AED 1,000,000) a million +UAE dirhams shall be imposed on any trustee who embezzles the debtor's assets during +his management. +2. The court shall order that the assets be returned to the debtor, and may, upon motion of +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 165 + the interested parties, award compensation, if necessary. + +Article (274 ) +Embezzlement by Third Parties +1. Whoever steals, embezzles or con ceals the debtor's assets while being aware that a +decision has been issued to initiate bankruptcy declaration proceedings, even if the +debtor's spouse, any of their ascendants or descendants or the ascendants or +descendants of their spouse, shall be punis hed with imprisonment for a period not +exceeding (5) five years. +2. The court shall order that the assets be returned to the debtor, and may, upon motion of the interested parties, order compensation when necessary. + +Article (275 ) +Fraudulent Behavior of Cred itors +1. A penalty of imprisonment and / or a fine of not more than (AED 300,000) three +hundred thousand UAE dirhams shall be imposed on any creditor of a debtor in respect +of whom a decision to initiate proceedings has been issued and commits any of the following acts: +a. increase their debts owed by the debtor by fraud. +b. Grant in their own favor, in agreement with the debtor or with third parties, special +benefits in exchange for voting in favor of the debtor during the creditor meetings. +c. Enter into a secret agr eement with the debtor after the cessation of payment, +whereby they grant themselves special benefits to the detriment of the rest of the creditors, while being aware of the same. +2. The court shall order that the agreements referred to in Clause (1.C ) of thi s Article are +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 166 + invalid, with respect to the debtor and any other person, and that the creditor shall be +obligated to refund the assets seized under the invalid agreement, even if an acquittal was issued. The court may, upon the request of the interested par ties, award +compensation when necessary. + +Article (276 ) +Submission of Fictitious Debts +Whoever fraudulently submits fictitious debts in their name or in the name of third parties shall be punished with imprisonment and / or a fine not exceeding (AED 500,000 ) five +hundred thousand UAE dirhams. + +Article (277 ) +Debtor's Fraudulent Acts +Any debtor who commits any of the following acts shall be punished with imprisonment and / or a fine not exceeding (AED 500,000) five hundred thousand UAE dirhams: +1. Intentionally conceals all or any of their assets, with the intention of obtaining the approval of the required majority on the preventive settlement proposal, plan or +composition terms. +2. Intentionally enables a fictitious creditor or a creditor prohibited from engaging in the proceedings or a debtor who has overstated its debt to take part in the deliberations and +voting or intentionally lets their take part therein. +3. Intentionally omits to mention any of the creditors in the List of Creditors. + + + +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 167 + Article ( 278 ) +Unlawf ul Participation of Creditor in the Proceedings +Any creditor, who commits any of the following acts shall be punished with imprisonment +for a period not exceeding (2 ) two years and / or a fine not exceeding (AED 200,000) two +hundred thousand UAE dirhams: +1. Deliberately overstated their debts. +2. Took part in deliberations or voting while knowing that they are legally prohibited from +doing so. +3. Enter into a secret agreement with the debtor, whereby they are granted special benefits +to the detriment of the rest of the creditors, while being aware of the same. + +Article (279 ) +Non -Creditor's Unlawful Participation in the Proceedings +The penalty of imprisonment for a period not exceeding one year and / or a fine of not more than (AED 200,000) two hundred thousand UAE dirhams shall be imposed on whoever: +1. Is not a creditor and gets involved in the deliberations or voting knowing that he is not a creditor. +2. Any controller or trustee who intentionally gives incorrect data about the debtor's +condition, confirms this data or d iscloses data of a confidential nature delivered thereto +on the occasion of his appointment as controller or trustee in accordance with this Law. + +Article (280 ) +Willful Refusal to Execute the Decisions Issued by Bankruptcy Court +Whoever abstains from exec uting a decision issued by the Bankruptcy Court in accordance +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 168 + with this Law in respect of submitting data, information or documents or giving testimony, +shall be punished with imprisonment for a period not exceeding one year and / or a fine of not more tha n (AED 200,000) two hundred thousand UAE dirhams. + +Article (281 ) +Stay of the Criminal Proceedings +If the Bankruptcy Court decides to initiate preventive settlement or proceedings in +accordance with this Law, any criminal proceedings that have been initiat ed or will be +initiated against the debtor shall be stayed, if the same arises from actions related to +issuance of bounced cheques with respect to the cheques issued by the debtor, before +initiating the proceedings. The creditor holding the bounced cheque shall be included in the +creditors, and their debt shall become part of the debtor's total debts. + +Article (282 ) +Effects of Stay of the Criminal Action +1. The effect of suspension of the criminal proceedings referred to in article (281) of this +Law shall con tinue until the Bankruptcy Court issues a decision to ratify or reject the +preventive settlement proposal and plan in accordance with the provisions of this Law. +2. If the Bankruptcy Court approves the preventive settlement proposal or plan, the same +shall re sult it the extension of the stay of the criminal proceedings that have been +initiated, until the implementation of the proposal or plan is completed. +3. If the debtor obtains a decision indicating that the implementation of the preventive settlement proposal or the plan has been completed, the Public Prosecution shall issue a +decision to close the investigation, and the criminal court shall issue a judgment terminating the criminal action. If a final judgment has been issued on the criminal +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 169 + action, its execut ion shall be stayed. +4. The stay of criminal proceedings shall end as soon as a decision or judgment is issued +terminating or invalidating the preventive settlement or proceedings. + +Article (283 ) +Service of Criminal Judgments +The Bankruptcy Department shall, within (10) ten days from the date of issuance of the +criminal judgment for any of the crimes stipulated in this Law, serve its judgment and record the same in the Bankruptcy Register and the Commercial Register. + +Article (284 ) +Prohibition from Managemen t or Practice of Business +When a court renders conviction judgment on the crimes stipulated in Articles (278, 279, +and 280) of this Law, the court may order that the convict be prohibited from managing any +company or practicing any business, for a period not exceeding (3 ) three years from the date +of the end of the bankruptcy proceeding. The name of the convict and the penalty imposed +thereon shall be registered in the commercial or professional register, as the case may be, +and if recorded, the penalty imp osed thereon shall be annotated. + +Chapter Two +Rehabilitation of Insolvent Debtor +Article (285 ) +Unless otherwise stipulated in this Chapter, the debtor declared bankrupt shall recover the +rights which have been denied to them under the provisions of this law, upon the lapse of +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 170 + one year from the bankruptcy proceeding end date. + +Article (286 ) +Rehabilitation for Payment of All Debts +1. A judgment shall be issued to establish rehabilitation of the insolvent debtor, even if the +period stipulated in article (285) of this Law has not expired, if the insolvent debtor pays +all of his debts, including the principal debt and expenses, including the part for which he was discharged. +2. If the insolvent debtor is an active partner in a company that has been declared +bankrupt, their rehabilitation shall only be established after they pay off all of the +company's debts, including principal debts and expenses. + +Article (287 ) +Rehabilitation of Convicted Debtor +1. Rehabilitate may only be granted to an insolvent debtor who has been c onvicted of any +of the crimes in relation to the bankruptcy fraud or bankruptcy by default after the lapse +of (3) three years from the execution of the penalty or its pardon, its extinguishment due +to the statute of limitations or the expiration of its per iod if a judgment is issued to stay +its execution, provided that they have settled all their debts, including the principal +debts, interest and expenses or have agreed to establish composition in respect of them +with the creditors and implemented the terms of the composition. +2. If the insolvent debtor has not paid off their debts, they may only be rehabilitated after +(10) ten years have passed since the execution of the penalty or its pardon, +extinguishment due to the statute of limitations or the expiry of its period if a judgment is issued to stay its execution. +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 171 + +Article (288 ) +Rehabilitation of Insolvent Debtor after Death +The insolvent debtor shall be rehabilitated after their death upon motion of any of the heirs, +and the dates stipulated in article (285) of this Law shall be calculated as of the date of +death. + +Article (289 ) +Creditor's Refusal to Collect Debt +If a creditor willfully refuses to collect their debt or is absent, or where it is not possible to +identify their place of residence, the debt may be deposited in the treasury of the Bankruptcy +Court, and a deposit slip in connection with rehabilitation shall be considered as quittance. + +Article (290 ) +Submission of Application for Rehabilitation +1. The application for establishing rehabilitation, accom panied by supporting documents, +shall be submitted to the Bankruptcy Department. The Bankruptcy Department shall +send the application within (10) ten days from the date of its submission to the Public +Prosecution, and it shall be recorded in the Commercial Register. +2. The Bankruptcy Department shall, within ten (10 ) days from the date of submitting the +application, notify the creditors whose debts were approved in the bankruptcy +proceeding of the application for establishing rehabilitation. +3. The summary of the application shall be announced at the insolvent debtor's expense, +and the summary shall include the name of the insolvent debtor, the date of issuance of +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 172 + judgment declaring bankruptcy, the method of ending the bankruptcy proceeding and a +notice to the cre ditors to submit their objection, if necessary. + +Article (291 ) +Public Prosecution's Report on Rehabilitation Application +The Public Prosecution shall, within (10) ten days from the date of its receipt of a copy of the +rehabilitation application, submit to the Bankruptcy Department a report containing data +including the type of bankruptcy, the judgments issued against the insolvent debtor in bankruptcy crimes, the trials or ongoing investigations therewith in this regard and its +opinion on the application. + +Article (292 ) +Objection to Rehabilitation Application by Creditors +Any creditor, who has not collected their right, may submit an objection to the rehabilitation +application within (10) ten days from the date of service of the application's summary. The +objection shall be filed under a written report to be submitted to the Bankruptcy Department, accompanied by the supporting documents. + +Article (293 ) +Rehabilitation Application Hearing +1. The Bankruptcy Department shall, within ten (10) days of receiving th e Public +Prosecution's response, transfer the file of the rehabilitation application and the +objections to the Bankruptcy Court, accompanied by a report of its opinion on the +application. +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 173 + 2. The Bankruptcy Court shall schedule an urgent hearing to hear the re habilitation +application, and shall notify the creditors who have submitted objections. + +Article (294 ) +Deciding on Rehabilitation Application +The Bankruptcy Court shall decide on the rehabilitation application under a final judgment. +If the Bankruptcy Court dismisses the application, the same may only be filed again after one +year following the date of issuance of the judgment. + +Article (295 ) +Suspension of Decision on the Rehabilitation Application +1. If, before the rehabilitation application is decided on, investigations are conducted with the insolvent debtor regarding any of the bankruptcy crimes or where a criminal action +has been initiated against them in this regard, the Public Prosecution shall immediately notify the Bankruptcy Court. +2. The Bankruptcy Co urt shall suspend adjudication on the rehabilitation application until +the investigations are completed or a final judgment is rendered on the criminal action. + +Article (296 ) +Judgment Against the Debtor on any Bankruptcy Crime After Judgment +Establishing Rehabilitation +If a judgment of conviction is rendered against the insolvent debtor on the grounds of any of +the bankruptcy crimes after a judgment establishing their rehabilitation had been rendered, +the latter judgment shall be considered null and void, and the insolvent debtor may only +Federal Decree- Law of 2023 Promulgating the Financial and Bankruptcy Law 174 + seek rehabilitation afterwards in accordance with the conditions stipulated in Articles ( 285, +286 and 287) of this Law. + +Article (297 ) +Effect of Judgment Establishing Rehabilitation of Insolvent Debtor +The judgment establishing rehabilitation shall entitle to the insolvent debtor to recover their +political rights and shall remove all restrictions on their civil capacity to acquire rights, +assume obligations and occupy public jobs. In addition, the insolvent debtor shall re store +their legal capacity that existed before they ceased to pay off their debts. + " +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (1) +Definitions +For the purpose of applying the provisions of this Decree Law, the following words and +expressions shall denote the meanings assigned thereto respectively, unless the context +requires otherwise: +The State : The Unites Arab Emirates. +Federal Government : The Government of the United Arab Emirates. +The State : The Unites Arab Emirates. +Federal Government : The Government of the United Arab Emirates. +Local Government : Any of the governments of the member Emirates of the +Federation. +The Ministry : Ministry of Economy. +The Minister : Minister of Economy. +Central Bank : The Central Bank of the United Arab Emirates. +SCA : The Securities & Commodities Authority. +Competent Authority : The local authority concerned with the Company affairs in the +relevant Emirate. +Company : The Commercial Company. +Special Purpose +Acquisition Company +[SPAC] : A public joint stock company, which the SCA has approved to +classify as a Special Purpose Acquisition Company with no +other purposes, in accordance with the SCA's relevant decision. +Special Purpose +Vehicle [SPV] : A company incorporated with the aim of segregating the +liabilities and assets associated with a particular financing +transaction from the liabilities and assets of its founding +person, and is used for the transactions involving credit, +Federal Decree Law No. (32) of 2021 on Commercial Companies 4 + borrowing, securitization, bond issuance and transfer of risks +associated with insurance, reinsurance and derivatives +transactions in accordance with the provisions of the decision +of the SCA regulating such activities. +Governance : A set of controls, standards and procedures that aim to achieve +corporate discipline for the management of the Company in +accordance with the international standards and practices, +through determining the duties and responsibilities of the +Directors and the Executive Management of the Company, +while ensuring that the interests of shareholders and +stakeholders are safeguarded. +Business Day : The official business days of the ministries, government +authorities and local departments. +Special Resolution : A resolution issued by a majority of shareholders holding at +least 75% of the shares represented at the General Assembly of +a joint stock company. +Registrar : The companies registrar appointed by the Minister, and who +performs his duties through the Companies Department of the +Ministry. +Markets : Securities and commodities markets licensed by the SCA to +operate in the State. +Securities : The shares issued by joint stock companies; +Derivatives and investment units approved by the SCA; +Bonds, Sukuk and bills issued by the Federal Government, local +governments or public authorities or institutions in the State; +Bonds, Sukuk and any debt instruments issued by companies in +accordance with the regulations to be issued by the SCA; and +Any other local or foreign securities acceptable to the Central +Bank and the SCA. +Public Offering : The process of inviting any natural or legal person or a +Federal Decree Law No. (32) of 2021 on Commercial Companies 5 + particular segment or segments of persons to purchase any +Securities. +Book Building : The process by which the price of a security is determined upon +issuance or sale on a Public Offering, in accordance with the +provisions of the resolution to be issued by the SCA in this +respect. +Strategic Partner : A partner whose contribution to the Company provides +technical, operational or marketing support that is beneficial to +the Company. +Share Register : A register that shows the shares held by shareholders in the +joint stock companies and the rights associated with such +shares. +Share Register Secretariat : An entity or entities licensed by the SCA to regulate the Share +Register of private joint stock companies. +Director : +Any member of the board of directors of the Company, +including the chairman. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (2) +Objectives of the Decree Law +This Decree Law aims to contribute to the development of the business environment and +the capacities of the State and its economic standing by way of regulating the companies in +accordance with the global variables, especially those related to the regulation of +governance rules, the protection of the interests of shareholders and partners, boosting foreign investment flow and the promotion of corporate social responsibility. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (3) +Companies Governed by the Provisions of this Decree Law +The provisions of this Decree Law and the rules, regulations, and resolutions issued in implementation hereof shall apply to the commercial companies established in the State. +Federal Decree Law No. (32) of 2021 on Commercial Companies 6 + The provisions on foreign companies set forth in this Decree Law and its implementing +resolutions and regulations shall apply to foreign companies that have a headquarters in the +State to carry on any activity therein or establish a branch or representative office in the +State. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (4) +Companies Not Governed by the Provisions of this Decree Law +1. Except for registration and renewal of registration in the register of exempted companies +kept at the Ministry, the SCA and the Competent Authority, within their respective areas +of competence, the provisions of this Decree Law shall not apply to the following: +a. The companies exempted under a Cabinet resolution, in respect of anything for +which a special pr ovision to that effect is contained in the company's Memorandum +or Articles of Association, according to the controls to be issued under a Cabinet +resolution. +b. The companies fully owned by the federal or local government or any of their affiliated institutions, entities, bodies or subsidiaries, as well as any other companies +fully owned by such entities or their subsidiaries, if a special provision to that effect is +contained in their Memorandum or Articles of Association. +c. The companies, in which the federal government or local government or any of their +affiliated institutions, authorities, agencies or subsidiaries, or any other entity directly +or indirectly owned by any of them, is holding at least [25%] of their capital, and +which engage in the business activities of oil drilling, extraction, refining, +manufacturing, marketing and transport, or engage in any energy -related activities of +all types, electricity and gas production, or water desalination, transportation and distribution, if a special provision to that effect is contained in their Memorandum or +Articles of Association. +d. The companies that are granted exemption from the provisions of Federal Law No. [2] of 2015 on Commercial Companies, as amended, prior to the date of entry into force of the provisions of this Decree Law, if a special provision to this effect is +Federal Decree Law No. (32) of 2021 on Commercial Companies 7 + contained in the Memorandum or Articles of Association of such companies. +e. The companies exempted from the provisions of this Decree Law under special +federal laws. +f. The SPACs; as provided for in the SCA's decision on such companies. +g. The SPV; if a special provision to that effect is included in the decision of the SCA on +the regulation of such activity. +2. The companies mentioned in [1/B, C and D] of this Article shall adjust their affairs in +conformity with the provisions of this Decree Law, in the event that such companies sell +or offer any ratio of their capital at a public offering or list their shares on a financial +market in the State. +3. The companies mentioned in [1/F] and [1/G] of this Article shall adjust their affairs in +conformity with the provisions of this Decree Law and according to the regulations or +decisions issued by the SCA on such companies. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (5) +Free Zone Companies +1. The provisions of this Decree Law shall not apply to the companies established in the free +zones of the State if a special provision to this effect is contained in the laws or +regulations of the relevant free zone. Notwithstanding the foregoing, such companies +shall be governed by the provisions of this Decree Law if such laws or regulations allow the activities of such companies to be carried on outside the free zone in the State. +2. Subject to Clause [1] of this Article, the Cabinet shall issue a resolution setting out the +applicable conditions for the registration of companies operating in the free zones of the +State and which desire to carry on their activities in the State but outside the free zones. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (6) +Corporate Governance +1. Subject to the requirements of the Central Bank with regard to the financial institutions +falling under its control and supervision, the Minister shall issue the resolution +Federal Decree Law No. (32) of 2021 on Commercial Companies 8 + regulating the governance of companies, except for public joint stock companies, as the +Board of Directors of the SCA shall issue the resolution regulating their governance. The +governance resolution shall include the rules, controls and provisions to be observed by +the companies. +2. The board of directors of the company or its managers, as the case may be, shall be +responsible for applying the rules and standards of governance. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (7) +Breach of the Rules of Governance +The governance -regulating resolutions provided for in Article [6.1] hereof shall include fines +to be imposed by the Ministry or the SCA, within their respective areas of competence, on +the companies and their chairpersons, directors, managers and auditors in the event that +such resolutions are breached, so that the fine shall not exceed AED 10 million. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (8) +The Concept of Company +1. The Company is a contract whereby two or more persons agree to get involved in an +economic profit- making venture by contributing a share in the form of capital or work, +and to divide among themselves the profit or loss resulting from such venture. +2. The economic venture referred to in Clause [1] of this Article shall include every +commercial, financial, industrial, agricultural or real estate activity or other kinds of +economic activity. +3. Notwithstanding Clause [1] of this Article, the Company may be incorporated or owned +by a single person in accordance with the provisions of this Decree Law. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (9) +Forms of Companies +1. The Company shall take one of the following forms: +Federal Decree Law No. (32) of 2021 on Commercial Companies 9 + a. General Partnership. +b. Limited Partnership. +c. Limited Liability Company. +d. Public Joint Stock Company. +e. Private Joint Stock Company. +2. Any Company that does not adopt any one of the forms referred to in the preceding +Clause shall be considered null and void, and the persons concluding contracts in its +name shall be jointly and severally liable for the obligations arising out of such contracts. +3. Every Company established in the State shall bear the nationality thereof, but this would +not necessarily mean that the Company shall enjoy the rights exclusively conferred upon +UAE nationals. + +Chapter Two +Incorporation and Management of Company +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (10) +Activities Having Strategic Impact +1. A committee, whose membership includes representatives from the competent +authorities, and which is vested with the competence to propose activities with a strategic impact and the controls required to license the companies that engage in any of +these activities, shall be formed by a resolution of the Cabinet based upon a proposal +from the Minister. +2. The Cabinet shall, based upon a recommendation from the committee stipulated in +Clause [1] of this Article, issue a resolution defining the activities with a strategic impact +and the controls for licensing the companies that engage in any of these activities. +3. Subject to the competencies vested in the Cabinet as per Clause [2] of this Article, the +Competent Authority shall have the following powers: +a. Determine a particular ratio for the contribution of UAE nationals to the capital or +the boards of directors of all companies that are incorporated within the scope of its +competence. +Federal Decree Law No. (32) of 2021 on Commercial Companies 10 + b. Approve the applications for incorporation of companies and determine the fees as +per the controls laid down by the Cabinet and mentioned in Clause [2] of this Article, +subject to the provisions stipulated in this Decree Law with regard to joint -stock +companies. +4. The Cabinet may, based upon a request from the Ministry, the body concerned or the +Competent Authority, as the case may be, relieve any company whose activities are +regulated by special legislation from any term or provision that stipulates the percentage of ownership of nationals or their involvement in the management of such company. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (11) +Business Practice +1. The company shall obtain all the approvals and licenses required to engage in the +business activities in the State prior to the commencement of business practice. +2. The Cabinet shall issue a resolution determining the formation and credentials of the +members of the internal Sharia Supervisory Committees and the Sharia controller of +companies incorporated inside the State and which conduct their business in conformity +with the rules of Islamic Sharia. The resolution shall determine the controls of operation +of such committees. Such companies shall, following their incorporation and prior to the +commencement of their activities, obtain the approval of the internal Sharia Supervisory +Committees. +3. Only public joint stock companies may conduct banking and insurance activities, unless +the laws regulating such activities or the resolutions issued thereunder stipulate otherwise. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (12) +Name of the Company +1. The Company shall have a trade name that does not conflict with the public order of the +State. The name shall be followed by the legal form of the Company. No Company may +be registered with a name previously registered in the State or a confusingly similar +Federal Decree Law No. (32) of 2021 on Commercial Companies 11 + name. +2. Under a special resolution of the General Assembly and the like, the Company may +change its name to any other name approved by the Competent Authority and +acceptable to the Registrar. The change of the name of the Company shall not prejudice its rights or obligations or any legal proceedings instituted by or against the Company. +Any legal proceedings that have already been instituted by or against the Company shall +also continue in the amended name of the Company. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (13) +Address and Communications of the Company +1. Every Company shall have a registered address in the State to which notices and +communications shall be sent. +2. All contracts, documents, communications and application forms issued by the Company +shall bear its name, legal form, registration number and address, and, if the share capital of the Company is added to such details, the amount of the paid up capital shall be +stated. +3. If the Company is undergoing liquidation, its paperwork shall indicate such status. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (14) +Drafting the Memorandum of Association +1. The MOA of the company and each amendment thereto shall be written in Arabic and +attested by the Competent Authority; otherwise, the MOA or the amendment thereto shall be null and void. If the Memorandum is written in a foreign language in addition to +Arabic, the Arabic text shall be the prevailing and applicable text in the State. The +attestation by the Competent Authority shall be made based on personal attendance or +by electronic signature, as determined by the Competent Authority in this regard. +Notwithstanding the above, the attestation shall be made before the Notary Public in the events determined by a decision issued by the Competent Authority. +2. The partners may invoke against each other the invalidity arising from failure to draft the +Federal Decree Law No. (32) of 2021 on Commercial Companies 12 + MOA or an amendment in writing or to attest the same. However, no invalidity may be +invoked by the partners against third parties. +3. If a judgment is issued, at the request of a partner, establishing that the Company is +invalid, such invalidity shall take effect only of the date on which the judgment becomes final. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (15) +Registration of MOA with the Competent Authority +1. The Company's MOA and any amendment thereto shall become effective after being +registered in the commercial register with the Competent Authority. +2. If the MOA is not registered as required by Clause [1] of this Article, it shall have no legal +effect vis -à-vis third parties. If non- registration is limited to one or more of the items +required to be registered, only the non -registered items shall have no effect vis -à-vis +third parties. +3. The companies shall notify both the Competent Authority and the Registrar in writing +within fifteen [15] business days upon the occurrence of any amendment or change in the registered details of the Company, including its name, address, share capital, number of shareholders or legal form. +4. The managers or directors of the Company, as the case may be, shall be held jointly liable +for indemnifying the damage sustained by the Company or its partners or third parties +due to failure to have the MOA or any amendments thereto registered in the commercial +register with the Competent Authority. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (16 ) +Invocation of MOA by Third Parties +1. Any third party may prove the existence of the MOA of the Company or any amendment +thereto by all means of proof. Such third party may invoke the existence or invalidity of +the Company vis -à-vis the partners. +2. If the Company is decided to be invalid upon the request of a third party, the Company +Federal Decree Law No. (32) of 2021 on Commercial Companies 13 + shall be deemed void ab initio in relation to such third party. Persons who have +contracted with such third party in the name of the Company shall be jointly and +severally liable for the obligations arising from the MOA. +3. In all cases where a Company is decided to be invalid, the terms of the MOA shall apply to +the liquidation of the Company and the settlement of the rights of the shareholders +against each other. The debtors of the Company may not request or invoke invalidity in +order to avoid their debts to the Company. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (17) +Nature of Partner's Contribution +1. The capital of the Company shall consist of cash contribution and/or in- kind +contributions of a known value. +2. The partner's capital contribution may neither be work, unless the same is a general +partner, nor his reputation or influence. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (18) +Rules of Contributing to the Company's Capital +1. If the partner's contribution is a title to property or any other right in -rem transferred to +the Company, such partner shall be liable in accordance with the provisions applicable +to contracts of sale with regard to title transfer, guarantee of the contribution in case of +depreciation or maturity or in the event of an apparent defect or shortcoming in the +contribution, unless agreed otherwise. +2. If the contribution is based merely on the utilization of funds, the provisions applicable to +lease agreements shall apply to the issues set out in Clause 1 of this Article, unless agreed +otherwise. +3. If a partner's contribution represents debts payable by third parties or other incorporeal +rights, such partner's liability vis -à-vis the company shall only be relieved when such +debts are settled. Moreover, the partner shall be liable to indemnify the damage +sustained by the Company if such debts are not settled when they become due. +Federal Decree Law No. (32) of 2021 on Commercial Companies 14 + 4. Subject to the provisions of the law regulating copyrights and ancillary rights and the law +regulation the protection of industrial property rights, if the partner's contribution in the +Company is his work, then every revenue generated from such work shall be the +property of the Company, provided that the partner has not obtained such revenue from the right to a patent, unless otherwise agreed. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (19) +Failure to Provide Contribution to the Company +1. If the partner undertakes to contribute to the company a sum of money, and such sum is +not paid, or if the contribution consists of debts of third parties that are not settled, such +partner shall be liable vis -a-vis the Company for any obligations in consideration of his +contribution to the Company. +2. The partner shall be liable to the Company for the difference, if any, between the amount +of money or value of the contribution actually provided to the Company and the amount +of money or value of such other contribution recorded in the partners register, and +which the partner should have provided in accordance with the provisions of this Decree +Law. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (20) +Enforcement upon Anything in Lieu of Capital Contribution +1. The creditor of any partner may not satisfy his right from the contribution of his debtor to +the capital of the Company, but rather, he may satisfy the same from his debtor's profit +share. If the Company is dissolved, the creditor's right shall attach to his debtor's share +upon liquidation of the Company. +2. If the partner's contribution to the Company is shares, then his creditor may, in addition to +the rights as set out in Clause 1 of this Article, file a case with the competent court for the shares to be sold and the proceeds thereof be used to satisfy the creditor's right. + + +Federal Decree Law No. (32) of 2021 on Commercial Companies 15 + " +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (21) +Legal Personality of the Company +1. The Company shall, as of the date of registration in the commercial register with the +Competent Authority, acquire the legal personality in accordance with the provisions of +this Decree Law and the resolutions issued in implementation hereof. +2. During the incorporation period, the Company shall have legal personality to the extent +necessary for its incorporation. The Company shall be bound by the acts of the founders +in connection with the incorporation procedures and requirements within such period, +provided that such incorporation is completed in accordance with the provisions of this +Decree Law. +3. Upon its dissolution, the Company shall undergo liquidation. During the liquidation +period, the Company shall maintain its legal personality to the extent required for the +liquidation process. The phrase ""Under Liquidation"" shall be added to the name of the +Company in a clearly written manner. +4. Subsidiaries of a holding company shall have legal personality and financial liabilities +independent of the holding company. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (22) +Duties of the Person Authorized to Manage the Company +The person authorized to manage the Company shall preserve its rights and shall exercise due care and diligence for the benefit of the Company as expected from a Prudent Person. +Such person shall perform all such acts that are consistent with the objective of the +Company and the powers granted to such person under an authorization issued by the Company in this respect. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (23) +Liability of Company for Acts of its Authorized Manager +The Company shall be bound by any act or thing carried out by the person authorized to manage the Company in the ordinary course of such management. The Company shall also +Federal Decree Law No. (32) of 2021 on Commercial Companies 16 + be bound by any act of any of its employees or agents who are authorized to act on behalf of +the Company, where such authority has been relied on by a third party dealing with the +Company. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (24) +Relief from Liability +Subject to the provisions of this Decree Law, any provision of the MOA or AOA of the +Company authorizing it or any of its subsidiaries to agree on relieving any person from any +personal liability, which such person assumes as a current or former officer of the Company, +shall be null and void. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (25) +Protection of Clients of the Company +1. The Company may not deny its liability vis -à-vis any client on the grounds that the +authorized manager is not duly appointed in accordance with the provisions of this +Decree Law or the AOA of the Company, as long as the acts of such manager fall within +the usual limits in respect of persons of a similar position in companies that conduct the +same type of activity as the Company. +2. Any client may only be protected if he is acting in good faith. A person shall not be +deemed acting in good faith if he actually knows or could have known, based on his +relationship with the Company, of the shortcomings in the act or thing to be invoked against the Company. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (26) +Accounting Records +1. Every Company shall keep accounting records of its transactions to give a clear picture of +its financial position at any specific point in time, and to enable the partners or shareholders to verify that the Company's accounts are being properly kept in accordance with the provisions of this Decree Law. +Federal Decree Law No. (32) of 2021 on Commercial Companies 17 + 2. Every Company shall keep its accounting records at its headquarters for a period of at +least five [5] years of the end of the fiscal year of the Company. +3. The Company may keep an electronic copy of the original documents and papers saved +and maintained by the Company in accordance with the guidelines contained in a +resolution of the Minister. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (27) +Accounts of the Company +1. Every joint stock company and limited liability company shall have one or more auditors +to carry out an annual audit of its accounts. Other companies may appoint an auditor in +accordance with the provisions of this Decree Law. +2. The Company shall prepare annual financial accounts, including a balance sheet and a +profit and loss account. +3. The Company shall apply international accounting standards and principles upon +preparing its periodic and annual accounts, to give a clear and accurate picture of the profits and losses of the Company. +4. Every partner or shareholder in any Company may, based upon a written request, obtain a +free copy of the last audited accounts and of the last report of its auditor and a copy of +the accounts of the group if it is a holding company. The Company shall respond to such request within 10 [ten] days of the date of submission. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (28) +Fiscal Year of the Company +1. Every Company shall have a fiscal year to be specified in its Articles of Association, +provided that the first fiscal year of the Company shall be between 6 [six] to 18 +[eighteen] months, starting from the date on which the Company is registered in the +commercial register maintained by the Competent Authority. +2. All fiscal years subsequent to the first one shall run for 12 months after the end of the +preceding fiscal year. +Federal Decree Law No. (32) of 2021 on Commercial Companies 18 + " +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (29) +Distribution of Profits and Losses +1. If the Company's MOA does not define a partner's share in the profits or losses, the latter's +share shall be proportional to his capital contribution. If the MOA only specifies a +partner's share in profits, his share of losses shall be equal to his profit share and vice +versa. +2. If a partner's contribution is limited to his work, the Company's MOA shall specify his +share of profits or losses. If the partner has provide a cash or in- kind capital contribution +in addition to his work, he shall have a share of the profits or losses for his work +contribution and another share for his capital contribution. +3. If it is agreed under the Company's MOA that any of the partners is to be denied profits or +be relieved of losses or that any of the partners gets a fixed return for his contribution, +such MOA shall be null and void. +4. It may be agreed to relieve a partner, who contributes only his work, from sharing in the +loss, provided that no remuneration has been decided for such work. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (30) +Distribution of Profits +1. No fictitious profits may be distributed to the partners or shareholders. The board of +directors or any similar body shall be liable vis -à-vis the partners or shareholders and the +Company's creditors for any such arrangement. +2. If the Company distributes any profits in violation of the provisions of this Decree Law +and the resolutions issued in implementation hereof, the partner or shareholder concerned shall pay back the profits received by him in violation of such provisions. +Furthermore, the Company's creditors may request such partner or shareholder to return +the profits received, even if he is acting in good faith. +3. Partners or shareholders shall not be denied actual profits picked up by them even if the +Company incurs losses during the following years. + +Federal Decree Law No. (32) of 2021 on Commercial Companies 19 + " +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (31) +Issuance of Securities +Subject to the provisions of Article [4] of this Decree Law, only th e joint stock company may +issue negotiable shares, bonds or Sukuk. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (32) +Public Offering of Securities +No Company, other than the public joint stock company, may conduct a public offering of +Securities. Under no circumstances may any Company, entity, natural or legal person +incorporated or registered in the State or in a free zone or overseas, publish any notices in the State inviting the public to subscribe for Securities without first securing the approval of +the SCA. + +Chapter Three +Companies Registrar +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (33) +Regulation of the Activities of the Registrar +The Minister shall, in coordination with the Competent Authority, issue regulations on the +activities of the Registrar. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (34) +Notifying the Registrar of the Company's Details +The Competent Authority shall notify the Registrar of the details of the companies registered +with it. Such notification shall include the company's name, business activities, capital, +business license as well as any information, data or documents required by the Registrar. + + + +Federal Decree Law No. (32) of 2021 on Commercial Companies 20 + " +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (35) +Rules for Registration of Trade Names +The Competent Authorities shall establish the necessary rules for registration of trade +names, shall ensure that the trade names of companies are not confusingly similar, and shall +provide the Registrar with any updates or changes in the details of the registered companies. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (36) +Registrar's Duty to Keep Company's Documents +The Minister shall issue a resolution: +1. Designating the period of time for which the Registrar shall keep the documents, so that +such documents may be destroyed after the expiration of such period. +2. Regulating the submission of documents to the Registrar by electronic means of communication and other means. The resolution shall include provisions to ensure +effective consistency between the records kept by the Registrar and those kept by the +Competent Authority. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (37) +Access to Records Kept by the Registrar +Subject to the provisions of this Decree Law, the stakeholders may request from the +Registrar: +1. A copy of the details of the records kept by the Registrar. +2. A cer tificate from the Registrar or the Competent Authority indicating any of the details +of those records. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (38) +Fees Payable to the Ministry and the SCA +Based upon the proposal of the Minister and in coordination with the Ministry of Finance, the Cabinet shall issue a resolution determining the fees payable by companies for the +Federal Decree Law No. (32) of 2021 on Commercial Companies 21 + services provided by the Ministry and the SCA in the course of implementation of the +provisions of this Decree Law. + +Part Two +Partnerships +Chapter One +General Partnership +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (39) +Definition of the Company +A General Partnership is a Company which consists of two or more partners who are natural +persons and are jointly and severally liable to the extent of all their property for the liabilities +of the Company. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (40) +Capacity of the Partners +A general partner shall have the capacity of a trader. Such partner shall be deemed to +conduct the business in person in the name of the Company. When a General Partnership +becomes bankrupt, all the partners thereof shall also become bankrupt by operation of law. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (41) +Name of the Company +1. The name of a General Partnership shall consist of the name[s] of one or more partners in +addition to the words ""and partners"" or words of similar meaning, provided that the +name of the Company ends with the words ""General Partnership"". In addition, the +Company may have its own trade name. +2. If the name of a General Partnership contains the name of a person who is not a partner in +the Company and that person has knowledge of the same, the person in question shall be jointly liable for the Company's obligations vis -à-vis any person that deals with the +Federal Decree Law No. (32) of 2021 on Commercial Companies 22 + Company in good faith. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (42) +MOA of the General Partnership +1. The General Partnership's MOA shall, in particular, include the following details: +a. The full name of each partner and his nationality, date of birth and place of +residence; +b. The name, address and trade name, if any, of the Company and the objects for which +it was established; +c. The headquarters of the Company and its branches, if any; +d. The share capital of the Company, the shares of each partner, the estimated value of +such shares, the means by which they are assessed and their due dates; +e. The commencement date and expiry date of the Company's term, if any; +f. The method by which the Company is to be managed and the names of the +Company's authorized signatories and the extent of their powers; +g. The start and expiry dates of the fiscal year; +h. The profit and loss sharing ratios; +i. The conditions for assignment of shares in the Company, if any. +2. If the MOA of the Company contains the name[s] of the manager[s], then the full name, +nationality, place of residence and powers of each manager shall be stated. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (43) +Incorporation Procedures +The General Partnership shall be incorporated and registered as follows: +1. The Competent Authority shall determine the information and documents required for +the incorporation of the Company, and shall create a standard application form for +incorporation in accordance with the provisions of this Decree Law. +2. The application for incorporation, together with the supporting documents required for +licensing and registration purposes, shall be submitted to the Competent Authority. +Federal Decree Law No. (32) of 2021 on Commercial Companies 23 + 3. The Competent Authority shall require the applicant to complete the information and +documents required or to make such amendments to the MOA of the Company as +necessary to ensure compliance with the provisions of this Decree Law and the +resolutions issued in implementation hereof. +4. The Competent Authority shall issue a decision on the incorporation application of the +Company not later than five [5] business days of the date on which the application is +filed or on which the information and documents required are provided or the required +amendments are made. Rejection of the application shall be reasoned. +5. If the Competent Authority rejects the application or if the time limit mentioned in +Clause [4] of this Article expires without a decision being made on the application, the +applicant shall have fifteen [15] business days to file a grievance with the Director +General of the Competent Authority or other officer acting in lieu of him. If the grievance +is dismissed or not decided on within fifteen [15] business days of the date of being filed, +the applicant may appeal against the same before the competent court within thirty [30] business days of the date of being notified of the dismissal decision or of the expiry of +the above -mentioned time limit, as the case may be. +6. If the application for company incorporation is approved, the Competent Authority shall +record the Company in the commercial register and shall issue a business license for the +company. +7. The Company shall, within five [5] business days of the issuance date of its business +license, provide the Registrar with a copy of the business license and MOA of the +Company in order to be published in accordance with the guidelines laid down by the +Minister in this respect. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (44) +Details and Documents Required to be Kept +The General Partnership shall keep the following items at its headquarters: +1. A register containing the names and addresses of the partners; +2. A copy of the MOA of the Company and any amendments thereto; +3. A statement of the cash amounts and the nature and value of any assets contributed by +Federal Decree Law No. (32) of 2021 on Commercial Companies 24 + each partner and the dates of such contributions; and . +4. Any details, documents or other records required to be kept under this Decree Law and +its implementing resolutions. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (45) +Management of the General Partnership +1. The General Partnership shall be managed by all the partners. Every partner in a General +Partnership shall act as an agent of both the Company and other partners in respect of +the business of the Company, unless the management is delegated under the MOA of +the Company or an independent contract to one or more partners or to a person who is +not a partner. +2. Any partner, who is not a manager, may not be involved in the management affairs +unless otherwise agreed. However, such partner may request access to the business +activities of the Company and its books and records, and may give observations thereon +to the manager of the Company. +3. Resolutions relating to the business of the Company shall be unanimously adopted by all +the partners, unless the MOA of the Company provides otherwise. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (46) +Business Competing with the Company's Business +1. The genera l partner may not, without the written consent of the other partners, carry on +for his own benefit or for the benefit of third parties any activity which competes with the business of the Company, nor be a general partner in any other General Partnership. +2. If a partner in the General Partnership carries on, without the consent of the other +partners, any similar activity which competes with the business of the Company, such +partner shall pay to the Company all such profits generated by him from such activity. + + +Federal Decree Law No. (32) of 2021 on Commercial Companies 25 + " +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (47) +Removal of Manager +1. Where the manager is a partner appointed under the MOA of the Company, he may only +be removed with the unanimous consent of the other partners or pursuant to a +judgment by the competent court. +2. If the manager is a partner appointed under a contract that is independent of the +company's MOA, or if he is not a partner, whether appointed under the MOA or under a +separate contract, he may be removed by resolution of the majority of the partners or +pursuant to a judgment by the competent court. +3. The removal of the manager in the two instances described in the above two Clauses shall +not give rise to the dissolution of the Company, unless the MOA provides otherwise. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (48) +Resignation of the Manager +The manager, whether a partner or not, may resign from the management, provided that he +serves upon the partners a 60 -day prior notice of resignation, unless his appointment +contract provides otherwise, failing which, he shall be liable for compensation. The manager's resignation shall not bring Company to dissolution unless the MOA indicates otherwise. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (49) +Prohibited Acts of the Manager +The manager shall not act beyond the scope of regular management duties except with the consent all the partners or by virtue of an explicit provision in the MOA. This prohibition +shall apply to the following acts in particular: +1. Making donations other than routine minimal donations governed by commercial norms; +2. Sale of the company's property, unless such transaction falls within the company's objectives; +Federal Decree Law No. (32) of 2021 on Commercial Companies 26 + 3. Mortgaging the company property or assets, even if the manager is authorized to sell the +company's property under the Company's MOA; +4. Guaranteeing the liabilities of third parties; or +5. The sale, mortgage or lease of the Company's business premises. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (50) +Manager Entering into Contracts for his Own Benefit +1. The manager may not enter into any contracts for his own benefit or for the benefit of any +of his relatives up to the second degree with the Company without the written +permission of all the partners to be granted on a case by case basis. +2. The manager may not carry on any activity of the same kind as that of the Company +except with the written permission of all the partners, to be renewed annually. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (51) +Liability of the Manager +The manager shall be liable for the damage sustained by the Company, the partners or third +parties due to any breach of the provisions of the MOA of the Company or of the +appointment contract of the manager, or any negligence or error committed by the manager +in the course of performance of his duties, or due to his failure to exercise due care as +expected from a prudent person. Any condition to the contrary shall be null and void. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (52) +Liability of Co -Managers +1. Where there is more than one manager and each of whom is assigned particular +responsibilities, each manager shall be liable vis -à-vis the partners only for those acts +which fall within his areas of responsibility. Where there is more than one manager and +it is stipulated that they perform the management affairs jointly, their resolutions shall only be valid if passed unanimously or by the majority specified in the MOA. However, +Federal Decree Law No. (32) of 2021 on Commercial Companies 27 + the MOA may provide that each manager is authorized to individually handle the urgent +matters whose postponement would entail a substantial loss for the Company or a loss +of considerable profits. +2. Where there is more than one manager and each of whom is not assigned particular +responsibilities under the MOA and they have no duty to act jointly, each of them may +individually perform any management duties, and, in which case, the other managers +shall have the right to object to any action before taken by him it is completed. In such case, the majority votes of the managers shall prevail and in the event of a tie; the matter +shall be referred to the partners whose decision shall be final. +3. Co -managers shall exercise the degree of care expected from a prudent person in the +course of performing their duties. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (53) +Liability of the Company +The General Partnership shall be liable vis -à-vis third parties to indemnify the damage +arising from the acts of any partner carried out with the consent of the other partners or in +the normal course of business of the Company. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (54) +The Joining Partner +Where a partner joins the Company, he shall be jointly liable with the other partners to the extent of all his own property for all of the Company's existing obligations, provided that the +Company has already disclosed such obligations to that partner. Further, he shall also be +jointly liable with the other partners to the extent of all his own property for all the +Company's obligations subsequent to his joining the Company. Any agreement between the +partners to the contrary may not be invoked vis -à-vis third parties. + + + +Federal Decree Law No. (32) of 2021 on Commercial Companies 28 + " +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (55) +The Withdrawing Partner +1. Unless the MOA of the Company stipulates otherwise, any partner may withdraw from a +General Partnership under a written agreement with the other partners. In the absence +of such agreement, the partner may file a case with the competent court to obtain a +withdrawal judgment, provided that the other partners are served with a prior notice of +not less than 60 days by registered mail before the proposed date of withdrawal. The +Company shall be entitled to claim from the withdrawing partner pay any compensation, +as applicable. +2. The withdrawing partner shall remain jointly liable with the other partners of the +Company for the debts and obligations of the Company prior to his withdrawal, and shall be liable for the same to the extent of his own assets, together with the other +partners. +3. Any partner withdrawing from the Company shall not be relieved of any obligations +assumed the Company after his withdrawal, unless such withdrawal is recorded in the +commercial register and announced in two daily local newspapers; one of which is +published in Arabic, and 30 days have lapsed of the date of the completion of the latter +action. +4. If the Company consists of two partners and one of them withdraws, the other partner +may, within six [6] months of the date of recording the withdrawal in the commercial register, bring into the Company one or more new partners in place of the withdrawing partner; otherwise, the Company shall be deemed dissolved ipso facto. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (56) +Assignment of Equity Stakes +1. Equity stakes may only be transferred in a General Partnership with the consent of all the +partners, subject to the conditions set out in the MOA of the Company. The assignee +shall become a partner in the Company after the assignment is registered with the +Competent Authority and the Registrar is notified of the same. +Federal Decree Law No. (32) of 2021 on Commercial Companies 29 + 2. Any agreement that permits an unrestricted assignment of equity stakes shall be null and +void. However, a partner may assign to any third party the rights relating to his equity +stake in the Company. Such agreement shall legal effect only between the contracting +parties. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (57) +Rights of the Deceased Partner +Unless the partners agree otherwise, the amount payable by the remaining partners in respect of the equity stake of the deceased partner shall be a debt payable of the date of +dissolution of the General Partnership or of the date of death of the partner; whichever +comes first. + + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (58) +Transactions of the Company upon Expiry of its Term or Fulfillment of its +Objects +1. The rights and obligations of the partners in a General Partnership shall survive if the +Company continues to operate upon the expiry of its term or the fulfillment of the +objects for which it is established. +2. If a bona fide third party continues to deal with one or more General Partners after the +Company's MOA has been amended or after a resolution is issued to dissolve it, on the +assumption that the Company is a going concern, such partner[s] shall be held liable +vis-à-vis third parties prior to the amendment of the Company's MOA or the resolution +approving its dissolution. Publication of a notice in at least two daily local newspapers, +one of which is published in Arabic, shall be sufficient notice to persons who dealt with the General Partnership prior to the date of its dissolution or prior to the announcement +of amendment of its MOA. + + +Federal Decree Law No. (32) of 2021 on Commercial Companies 30 + " +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (59) +Mutual Obligations Between The Company and Partners +Without prejudice to the provisions of the MOA of the General Partnership, the following +obligations shall be observed: +1. The Company shall pay any amounts the partner has personally paid on behalf of the Company to enable the Company to conduct business as usual or to maintain the assets +and activities of the Company. +2. The partner shall indemnify the Company for any benefit gain by him upon performing any work in connection with the Company or due to his use of its property, name or +trademarks without the consent of the Company. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (60) +Enforcement upon the Partner's Property +Liabilities of the Company may only be enforced against the property of its partner after +obtaining a Writ of Execution against the Company when the debt has not been satisfied +after giving the Company notice to pay. The Writ of Execution against the Company shall +serve as evidence against the partner. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (61) +Profits and Losses +1. The profits, losses and the partner's shares therein shall be determined at the end of the +Company's fiscal year in light of the balance sheet and the profit and loss account. +2. Each partner shall be considered a creditor of the Company to the extent of his share in +the profits once such share is determined. Any capital reduction as a result of losses shall be replenished from the profits of the subsequent years, unless there is agreement to the +contrary and. Other than that, any partner may not be required to replenish his +contribution to the company's capital resulting from losses except with his own consent. + +Federal Decree Law No. (32) of 2021 on Commercial Companies 31 + Chapter Two +Limited Partnership +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (62) +Definition of the Company +A Limited Partnership is a Company which consists of one or more General Partners who are +jointly and severally liable for the obligations of the Company and act in the capacity of a +trader, in addition to one or more Limited Partners who are held liable for the obligations of +the Company only to the extent of their respective capital contributions, and do not act in the capacity of a trader. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (63) +Capacity of the Limited Partner +Any natural person or legal person may be a Limited Partner in a Limited Partnership. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (64) +Name of the Company +1. The name of a Limited Partnership shall consist of the name of one or more of the General +Partners in addition to the legal form of the Company. In addition, the Company may +have its own trade name. +2. The name of a Limited Partner may not be included in the name of the Company. If, +however, such a name is added with his consent, the Limited Partner shall be deemed a +general partner vis -à-vis the bona fide third parties. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (65) +MOA of Limited Partnership +1. The provisions relating to General Partnerships shall also apply to Limited Partnerships, +subject to the provisions of this Chapter in respect of the Limited Partner. +2. The MOA of a Limited Partnership shall include the names of the General Partners and +Federal Decree Law No. (32) of 2021 on Commercial Companies 32 + Limited Partners. If the capacity of such partners are not mentioned in the MOA, the +Company shall be deemed a General Partnership and, accordingly, all the partners +thereof shall be deemed General Partners. +3. The Limited Partner's capital contribution may not be work. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (66) +Management of the Company +The Company shall be managed only by the General Partners. Resolutions shall be passed +unanimously by the General Partners, unless the Company's MOA provides for a majority. +No change in the nature of the business of the Company or any amendment to its MOA +shall be valid without the consent of all the General and Limited Partners. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (67) +Borrowing Funds by the Company +1. The General Partner of a Limited Partnership shall have all the rights and powers of any +partner of a General Partnership, and shall be subject to all the conditions, restrictions +and obligations imposed on the partner of a General Partnership. +2. A loan or any other obligation entered into by a General Partner in the name or for the +benefit of the Company shall be deemed an obligation of the Company itself. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (68) +Rights of the Limited Partner +1. A Limited Partner shall have the same rights of a General Partner in relation to: +a. Lending money to, and entering into transactions with, the Company, subject to the +consent of all General Partners; +b. Getting access to and obtaining copies or extracts of the books and records of the Company at all times during the business hours of the Company; +c. Obtaining full and accurate information about the Company's activities and a formal +Federal Decree Law No. (32) of 2021 on Commercial Companies 33 + statement in respect thereof; +d. A Limited Partner may perform any of the acts mentioned in Clause [1/A] of this +Article either in person or through other partners or third parties, provided that no +damage to the Company occurs as a result of the same. +2. For the purposes of this Article, a Limited Partner shall not be deemed involved in the +management of a Limited Partnership upon conducting any internal control activities of the Company, and shall not be jointly liable for the liabilities of the Company vis -à-vis +bona fide third parties. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (69) +Management Activities +1. A Limited Partner may not get involved in the management activities related to third +parties, but may demand a copy of the profit and loss account and the balance sheet, and +may verify, either in person or by a proxy who is a partner or non -partner, their contents +by way of reviewing the Company's books and records, provided that no damage to the Company occurs as a result of the same. +2. If a Limited Partner violates the prohibition provided for in Clause [1] above, he shall be +liable to the extent of all his own property for the obligations arising from his acts. +3. A Limited Partner may be held liable to the extent of all his own property for all the +obligations of the Company, if his management activities cause third parties to believe +that he is a General Partner. In which case, the provisions concerning General Partners +shall also apply to the Limited Partner. +4. If a Limited Partner conducts any prohibited management activities under an explicit or +implicit authorization from the General Partners, such partners shall be held jointly liable +for the obligations that may arise from such acts. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (70) +Assignment of Equity Stake +A Limited Partner may only assign his share in the Company to a third party, in whole or in +Federal Decree Law No. (32) of 2021 on Commercial Companies 34 + part, with the consent of all the partners or as provided for in the MOA of the Company. The +assignee shall become a partner of the Company only after the assignment is duly registered +with the Competent Authority and the Registrar is notified thereof. + +Part Three +Limited Liability Company +Chapter One +Incorporation of Limited Liability Company +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (71) +Definition of the Company +1. A limited liability company is a company whose number of partners is at least two and +does not exceed fifty [50]. Any partner thereof shall be liable only to the extent of his capital contribution. +2. Any single natural or legal person may incorporate and own a limited liability company. +The capital owner of the company shall be liable for the obligations of the company only +to the extent of the capital set out in its MOA. The provisions of the limited liability +company contained in this Decree Law shall apply to such a person, without +contradicting the nature of the company. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (72) +Name of the Company +1. A limited liability company shall have a name derived from its objective or from the name +of one or more of its partners, provided that the name of the company shall be followed +by the expression ""Limited Liability Company"" or in short ""LLC"". In the case of One +Person Company (OPC), the name of the company shall be followed by the expression +""Limited Liability One Person Company (OPC)"". The Cabinet may - based upon the +proposal of the Minister - issue a resolution on the procedures for incorporating and +managing the ""limited liability"" One Person Company (OPC) in light of its nature. +2. If the manager[s] violate the provision of Clause [1] of this Article, they shall be held +Federal Decree Law No. (32) of 2021 on Commercial Companies 35 + jointly liable in their private property for the obligations of the company, and, where +applicable, for the damages. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (73) +MOA and Incorporation Procedures +1. The limited liability company shall be incorporated as set forth in Articles [42] and [43] of +this Decree Law. +2. The MOA shall include the methods for settling the disputes that arise out of the business +affairs of the company, whether between the company and any of its managers or among the partners of the company. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (74) +Partners Register of the Company +1. The Company shall keep at its headquarters a special register of partners, which shall +include the following details: +a. Full name, nationality, date of birth and place of residence of every partner, and, if the partner is a legal person, the address of its headquarters; +b. Transactions affecting the equity stakes and the dates of such transactions. +2. The managers of the Company shall be responsible for both such register and the +accuracy of its details. The partners and any stakeholder may review such register. +3. The Company shall furnish to both the Competent Authority and the Registrar, in January +every year, with the details recorded in the Partners Register along with all changes in +such details during the previous fiscal year. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (75) +Increase of Partners +1. If, at any time after the incorporation of the Company, the number of partners increases +above the limit set in Article [71] of this Decree Law, the manager or managers, as the case may be, shall notify the Competent Authority within thirty [30] days of the date of +Federal Decree Law No. (32) of 2021 on Commercial Companies 36 + such increase. +2. Except for the transfer of title to the equity stake of a partner by way of inheritance or +under a final court order, the Company shall adjust its status within [3] months of being +notified, and the Competent Authority may extend such time limit for extra [3] months; otherwise the Company shall be deemed terminated. The partners shall be held jointly +and severally liable to the extent of their own property for the debts and obligations of +the Company as of the date of increase of partners. +3. The provisions of Clause [2] of this Article shall not apply to partners who are proven to +have been unaware of such increase or who have opposed it. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (76) +Capital of the Company +1. The Company shall have an adequate capital to achieve the purpose of its incorporation +consisting of stakes of equal value. Upon the proposal of the Minister in coordination +with the relevant authorities, the Cabinet may issue a resolution specifying a minimum +capital of the Company. +2. Capital contributions shall be cash and/or in kind and shall be fully settled at the time of +incorporation. +3. Cash contributions shall be deposited with a bank operating in the State. The bank may +deliver such contributions only to the managers of the Company upon furnishing a proof that the Company has been registered with the Competent Authority and within the +limits specified in the appointment contract of such managers. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (77) +Indivisibility of Partner's Stake +A partner's stake shall be indivisible. If such stake is held by several persons and none of +whom has been appointed to act as their designated representative before the Company, the +person whose name appears first in the MOA shall represent such partners. The Company +may give the owners of the stake a time limit to make such choice, so that once the time limit +Federal Decree Law No. (32) of 2021 on Commercial Companies 37 + has expired, it may sell the stake for the benefit of its owners. In which case, the partners +shall have a preemption right to acquire such stake. If the preemption right is exercised by +more than one partner, the available -for-sale stake shall be divided among them in +proportion to their respective capital contributions, unless agreed otherwise. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (78) +Valuation of In -kind Contributions +1. Partners of the Limited Liability Company may provide in -kind contributions against their +equity stakes. +2. The in -kind contributions shall be valuated at the expense of the contributing partners, by +one or more financial advisors approved by the SCA to be selected by the Competent +Authority, failing which, the valuation shall be null and void. +3. The Competent Authority may discuss and object to the valuation report and may appoint +a substitute valuator, as required, at the expense of the contributing partners. +4. Notwithstanding the provisions of Clause [2] of this Article, the partners may agree on the +value of the in -kind contribution, and, in which case, its value shall be approved by the +Competent Authority. The contributing partner shall be liable vis -à-vis third parties for +the accurate valuation of such in- kind contribution stated in the MOA. If the in -kind +contributions are found to have been valuated in an amount higher than their real value, +the contributing partner shall pay the difference in cash to the Company. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (79) +Assignment or Pledge of Partner's Equity Stake +1. Any partner may assign or pledge his stake in the Company to any other partner or to a +third party. Such assignment or pledge shall be made in accordance with the terms of the MOA of the Company under a formal instrument duly attested in accordance with the +provisions of this Decree Law. Such assignment or pledge shall be valid vis -à-vis the +Company or third parties only as of the date of being recorded in the commercial register +with the Competent Authority. +Federal Decree Law No. (32) of 2021 on Commercial Companies 38 + 2. The Company may not decline to record such assignment or pledge in the register unless +the same violates the provisions of the MOA or this Decree Law. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (80) +Procedures for Assignment of Partner's Stake in the Company +1. If a partner wishes to assign his stake to a non -partner of the company, with or without +compensation, such partner shall notify the other partners through the manager of the +Company of the assignee or purchaser and the terms of the assignment or sale. The +manager shall then notify the partners as soon as he receives the notice. +2. Each partner may request redemption of the stake mentioned in Clause [1] of this Article +within thirty [30] days of the date on which the manager is notified of the agreed price. +In case the price is a matter of disagreement, the stake price shall be assessed by one or +more experts having technical and financial experience in the subject of the stake and +nominated by the Competent Authority, based upon a request of the applicant for redemption and at the latter's expense. +3. If the right of redemption is exercised by more than one partner, the stake[s] offered for +sale shall be divided among such partners in proportion to their respective capital +contributions, subject to the provisions of Article [76] of this Decree Law. +4. If the time limit mentioned in Clause [2] of this Article expires without any partner +exercising the right of redemption, the partner concerned shall be entitled to freely dispose of his stake. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (81) +Enforcement Against Partner's Stake in the Company +If the creditor of a partners institutes enforcement proceedings against the equity stake of +his debtor, he may agree with both the debtor and the Company on the method and terms +of sale. Otherwise, the stake shall be offered for sale at an open auction based on an +application to be submitted to the competent court. One or more partners may redeem the +sold stake under the same terms of auction award, within [15] days of the date of award. +Federal Decree Law No. (32) of 2021 on Commercial Companies 39 + These provisions shall apply in the event of bankruptcy of a partner. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (82) +Partner's Liability for any Profit or Benefit to the Company +The partner of a limited liability company shall be held liable vis -à-vis the company for any +of the latter's property held by such partner in a fiduciary capacity, or for any profits or +benefit gained by him through the business or activities of the Company, or due to his use of +the property, name or business relationships of the Company. + +Chapter Two +Management of the Company +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (83) +Managers of the Company +1. The management of a limited liability Company shall be entrusted to one or more +managers as determined by the partners in the MOA. Such managers shall be selected +from among the partners or from third parties. If managers are not appointed in the +MOA of the Company or under a separate contract, the General Assembly of Partners +shall appoint the managers. If there is more than one manager, the partners may appoint +a board of directors and vest in it such powers and functions as set out in the MOA. +2. Unless the appointment contract of the manager of the Company or its MOA or AOA +restricts the powers conferred upon the manager, the latter shall have full powers to +manage the Company, and his actions shall be binding upon the company, provided that +the capacity in which he acts is explicitly stated. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (84) +Liability of Company's Managers +1. Every manager of the Limited Liability Company shall be held liable vis -à-vis the +Company, the partners and third parties for any fraudulent acts committed by such +Federal Decree Law No. (32) of 2021 on Commercial Companies 40 + manager. He shall also be liable for any losses or expenses incurred by the company due +to improper exercise of the powers or violation of the provisions of any law in force, the +MOA of the Company or the appointment contract of the manager or for any gross error +committed by the manager. Any provision in the MOA or the appointment contract of the manager in conflict with the provisions of this Clause shall be null and void. +2. Subject to the provisions on Limited Liability Companies set out in this Decree Law, the +provisions that apply to the Directors of Joint Stock Companies as set forth in this Decree Law shall also apply to the managers of Limited Liability Companies. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (85) +Vacant Position of Manager +1. Unless the MOA of the Company or the appointment contract of the manager provides +otherwise, the manager shall be removed by a resolution of the General Assembly, +whether the manager is a partner or not. The court may also order that the manager be +removed based upon the request of one or more partners of the Company, if the court is +convinced that such removal is well- justified. +2. The manager may submit a written resignation to the General Assembly, with a copy +thereof to be sent to the Competent Authority. The General Assembly shall decide whether to approve or reject the resignation within [30] days of its submission date; +otherwise, the resignation shall become approved once such time limit expires, unless the MOA of the Company or the appointment contract of the manager provides +otherwise. +3. The Company shall notify the Competent Authority of the expiration of the term of the +manager's appointment contract, not later than [30] days of the expiry date thereof +without being renewed . The Company shall appoint a substitute manager during such period. +4. If the term of office of the Board of directors of the company expires and the same is not +reconstituted, the Board of directors shall continue to conduct the business of the +company for a period not exceeding [6] six months of the date of expiration of the said +Federal Decree Law No. (32) of 2021 on Commercial Companies 41 + term of office. Upon expiration of the [6] six -month period, the General Assembly shall +compose the Board of directors. Otherwise, the Competent Authority may, in +coordination with the authorities concerned with the activity, if any, after the expiration +of that period, appoint a Board of directors from among the partners for a term of office not exceeding one year, during which a General Assembly meeting shall be called to +elect the directors. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (86) +Manager's Engagement in Competing Activities +The manager may not, without the consent of the General Assembly of the Company, +manage a competing company or a company with objects similar to those of the Company +or make, for his own benefit or for the benefit of third parties, deals in any business that +competes with or is similar to the business of the Company, otherwise, the manager may be +dismissed and required to pay compensation. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (87) +Responsibility for Preparing Accounts +The manager of the Company shall prepare the annual balance sheet and profit and loss +account, shall also prepare an annual report on the activities and financial position of the +Company, and shall provide his recommendations on the distribution of the profits to the +General Assembly, within [3] months of the end of the fiscal year. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (88) +Appointment of Supervisory Board +1. If the number of the partners exceeds fifteen [15], the partners shall appoint a supervisory +board consisting of at least three partners. They shall be appointed for a [3] three -year +term of office beginning on the issuance date of the appointment decision. The General Assembly may reappoint such partners when their term of office expires or may appoint +Federal Decree Law No. (32) of 2021 on Commercial Companies 42 + other partners in their place. Members of the supervisory board may be removed at any +time for good cause by the General Assembly. +2. Non -partner managers may not vote on the appointment or removal of members of the +supervisory board. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (89) +Powers of the Supervisory Board +The supervisory board shall be authorized to scrutinize and examine the books and records of the Company and to require the managers at any time to provide a report on their +management activities. The supervisory board shall monitor the balance sheet, the annual +report and the distribution of the profits, and shall present a report on the same to the General Assembly of the Company at least five [5] days before its convention date. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (90) +Liability of Members of the Supervisory Board +Members of the supervisory board shall only be held liable for the acts of the managers if such members are aware of the errors committed and fail to mention them in their report +submitted to the General Assembly of Partners. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (91) +Rights of Non -Managing Partners +Partners who are not managers of a Limited Liability Company with no supervisory board +shall have all the rights associated with the description of the partners provided for in this +Decree Law or in the MOA. Any agreement to the contrary shall become null and void. + + + + +Federal Decree Law No. (32) of 2021 on Commercial Companies 43 + Chapter Three +General Assembly +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (92) +Formation and Convention of General Assembly +1. The limited liability company shall have a General Assembly made up of all the partners. +The General Assembly shall be convened by a call of the manager or the board of +directors at least once in the year during the four months following the end of the +company's fiscal year. The General Assembly shall be convened at the time and place described in the Notice of Meeting. +2. The manager, or the person authorized by the managers, shall call a General Assembly +Meeting upon the request of one or more partners who hold at least [10%] of the shares +of the company's capital. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (93) +Service of Notice of General Assembly Meeting +1. With exception of the General Assembly Meeting being postponed due to the lack of +quorum in accordance with the provisions of Article [96] of this Decree Law, a call for the General Assembly meeting shall be served according to the controls and terms to be +issued under a relevant resolution of the Minister, subject to the following: +a. The notice of General Assembly Meeting shall be sent at least twenty -one [21] days +prior to the scheduled date of meeting. +b. The notice of General Assembly Meeting shall be sent in accordance with the +notification method to be issued under a relevant resolution of the Minister. +c. The partners shall be notified by registered letters or through modern means of +technology described in the company's MOA. +d. The Competent Authority shall be served, before the notification, with a copy of the +notice of General Assembly Meeting. +2. The notice of meeting shall include the agenda, venue, date and time of the first meeting +and the se cond meeting [in the event of lack of quorum for the first meeting], details of +Federal Decree Law No. (32) of 2021 on Commercial Companies 44 + the persons entitled to attend the General Assembly Meeting and the permissibility of +delegating whoever they select from among the partners [other than the managing +partners] or from third parties under a special written power of attorney and their +eligibility to discuss the matters listed in the General Assembly's agenda, and to pose questions to the manager or the board of directors, the auditor, the quorum required for +each of the meetings of the General Assembly and the resolutions issued thereat. +3. It shall be permissible for meetings of the General Assembly to be held and for the partner +to participate in its deliberations and vote on its resolutions through modern means of +technology for telepresence according to the controls set forth by the Minister in this +regard. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (94) +Competences of Annual General Assembly +The General Assembly of a Limited Liability Company shall, at its annual meeting, consider +and decide on the following issues: +1. The managers' report on the activities and financial position of the Company during the previous fiscal year, the auditor's report, and the supervisory board's report; +2. The balance sheet and profit and loss account and their approval; +3. The dividends to be distributed to the partners; +4. The appointment and remuneration of managers; +5. The appointment of directors [if any;[ +6. The appointment of members of the supervisory board [if any]; +7. The appointment of members of the Internal Sharia Supervisory Committee and the +Sharia Controller if the Company conducts its business in compliance with the rules of +Islamic Sharia; +8. The appointment and remuneration of an auditor[s]; and +9. Any other matters falling within the competence of the General Assembly under the provisions of this Decree Law or the MOA of the Company. + +Federal Decree Law No. (32) of 2021 on Commercial Companies 45 + " +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (95) +Attendance of General Assembly Meetings +Irrespective of the number of shares held by him, each partner shall have the right to attend +the General Assembly Meeting either in person or through delegating under special +authorization any other non -managing partner to represent the partner at the General +Assembly Meeting. Each partner shall have a number of votes equal to the number of shares held or represented by such partner. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (96) +Quorum for General Assembly Meeting and Voting on its Resolutions +1. Unless the company's MOA determines a higher percentage, the quorum for a valid +meeting of the General Assembly shall be the attendance of partners who hold at least [50%] of the shares of the company's capital, subject to the provision of Article [95] of +this Decree Law. +2. If the quorum described in Clause [1] of this Article is not reached at the first meeting, the +General Assembly shall be called for a second meeting to be held within at least five [5] days or a maximum of fifteen [15] days of the date of the first meeting. The second +meeting shall be deemed valid regardless of the number of attendees. +3. Subject to the provisions of this Decree Law, the resolutions of the General Assembly shall +only be valid if issued by a majority of the shares represented at the meeting, unless the +MOA stipulates a greater majority. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (97) +Listing a New Issue in the General Assembly's Agenda +The General Assembly may not deliberate on issues that are not listed in the agenda, unless +serious issues that require consideration arise during the meeting. If, at the start of the +meeting, a partner requests that a certain issue be listed in the agenda, the managers shall respond to the request, failing which, such partner may resort to the General Assembly. + +Federal Decree Law No. (32) of 2021 on Commercial Companies 46 + " +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (98) +Deliberations on Issues Listed in the General Assembly's Agenda +Each partner shall have the right to discuss the issues listed in the agenda. The managers +shall be required to respond to the queries of partners to the extent that no harm is likely to +be occur to the interests of the Company. If a partner is convinced that the response to his +query is inadequate, he may resort to the General Assembly whose decision on the matter +shall be enforceable. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (99) +Voting to Discharge the Managing Partner +A managing partner may not vote on resolutions to discharge himself from liability for management. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (100 ) +Register of General Assembly Meetings +A minutes adequately summarizing all deliberations of the General Assembly shall be +drafted, and the minutes and resolutions of the General Assembly shall be recorded in a +special register to be kept at the headquarters of the Company. Any partner may access to +the minutes either in person or through a proxy, and may also inspect the balance sheet, the +profit and loss account and the annual report. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (101 ) +MOA Amendment, Capital Increase or Reduction +1. Notwithstanding the provision of Article [85] of this Decree Law, the company's MOA +may not be amended and its capital may not be increased or reduced unless approved by a number of partners holding at least three quarters of the shares represented at the +meeting of the General Assembly. The ratio of increase or reduction shall be according to +the equity stakes of the company's partners. In all cases, the financial obligations of the +Federal Decree Law No. (32) of 2021 on Commercial Companies 47 + partners may only be increased based on their unanimous consent. +2. If the increase in the company's capital is necessary to save the company from liquidation +or to settle debts owed thereby to a third party, based on a report of the company's chief +financial officer or his delegate, and the company does not have sufficient liquidity to settle such debts or to achieve the ratio stipulated in Clause [1] of this Article, any +partner may recourse to the courts seeking a summary judgement to increase the capital +as necessary to save the company or settle the debts. In the event that any partner fails to settle the obligations resulting from the increase, any other partner may settle the same +on his behalf. In such a case, a number of shares of the company equal to the amount +paid for both himself and the defaulting partner shall be granted to the paying partner. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (102 ) +Auditors of the Company +The Limited Liability Company shall have one or more auditors to be appointed each year by the General Assembly of Partners and, notwithstanding the provisions of Article [246] of this +Decree Law, the provisions on auditors of public joint stock companies shall also apply to +the auditor of the Limited Liability Company. The words ""Competent Authority"" shall replace +the term ""Authority"" wherever it appears. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (103 ) +Statutory Reserve +The Limited Liability Company shall set aside every year [5%] of its net profits to form a +statutory reserve. The partners may resolve to stop such allocation if the reserve reaches +50% of the capital amount. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (104 ) +Applicability of the Provisions of Joint Stock Companies +1. Unless otherwise provided for in this Decree Law, the provisions concerning joint stock +Federal Decree Law No. (32) of 2021 on Commercial Companies 48 + companies shall also apply to the limited liability company, and which are consistent +with its nature. The Competent Authority shall replace the SCA wherever mentioned. +2. The Cabinet shall issue, based upon a proposal of the Minister, a resolution containing the +provisions to be applied to limited liability companies in cases where the provisions of the joint stock company are not compatible with the nature of the limited liability +company, without violating or conflicting with the provisions of this Decree Law. Such +resolution shall determine the meaning of the related parties and the deals with regard to limited liability companies. + +Part Four +Public Joint Stock Companies +Chapter One +Definition and Incorporation of the Public Joint Company and its +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (105 ) +Definition of the Company +The Public Joint Stock Company is a Company whose capital is divided into negotiable +shares of equal value. The founders shall subscribe for part of such shares, while the rest +shall be offered to the public through a Public Offering. A shareholder shall be liable only to +the extent of his capital contribution of the Company. The Cabinet may, based on the +Minister's proposal and in coordination with the local authority, issue a resolution +determining the minimum and maximum value of the founders' subscription for the capital. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (106 ) +Name of the Company +Every Public Joint Stock Company shall have a trade name, which may not be the name of a natural person, unless the object of the Company is to exploit a patent registered in the +name of such person or if the Company owns a trade name or acquires the right to use such +a name. In all cases, the words ""Public Joint Stock Company"" shall be suffixed to the name of +Federal Decree Law No. (32) of 2021 on Commercial Companies 49 + the Company. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (107 ) +Number of Founders +1. Five or more persons may form a Joint Stock Company. +2. The Federal Government, the Local Government and any Company or entity wholly +owned by either may hold an equity stake in a Public Joint Stock Company or +incorporate by itself a Public Joint Stock Company, and may also join, in contribution to +the share capital, a number less than that provided for in Clause [1] of this Article. +3. The conversion of any Company into a Public Joint Stock Company shall not be governed +by the minimum number mentioned in Clause [1] of this Article. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (108 ) +Term of the Company +The term of the Company shall be determined in its MOA and AOA. Under a special resolution, such term may be extended or shortened if the object of the Company so +requires. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (109 ) +Founders +1. The founder is every person who signs the MOA of the Company and holds a ratio of its +share capital in cash or provides in -kind contributions at the time of incorporation, +subject to the provisions of this Decree Law. +2. The founder shall be liable for any damage suffered by the Company or third parties due +to any breach of the incorporation rules and procedures. The founders shall be jointly liable for their obligations. Any person delegated by any other person for the incorporation of the company shall be held personally liable if he fails to state the name +of the principal or if the instrument of delegation is proven to be invalid. +Federal Decree Law No. (32) of 2021 on Commercial Companies 50 + " +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (110 ) +MOA and AOA of the Company +1. The founders shall draft the MOA and AOA of the Company, which shall include the +following particulars: +a. The name and headquarters of the Company; +b. The object for which the Company is incorporated; +c. The full name, nationality, date of birth, place of residence and address of each +shareholder; +d. The amount of capital and the number of the capital shares, the nominal value per share and the paid -up amount of the value of each share; +e. An undertaking by the founders to procure the completion of the incorporation procedures; +f. An estimate of the amount of expenses, charges and costs expected for the +incorporation process, and which are required to be paid by the Company due to its +incorporation. +g. Details of the in -kind contributions, the name of the contributor[s], the initial value +of such contribution[s], the terms of such contributions and the rights of pledge and +lien attached to such contributions, if any. +2. The MOA and AOA of the Company shall be compliant with both this Decree Law and its +implementing resolutions thereof, and shall include the provisions, competencies and powers of the board of directors and the General Assembly of the Company. The SCA +shall issue standard MOA and AOA forms which the companies shall adopt. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (111 ) +Shareholder's Compliance with the AOA +1. Subject to the provisions of this Decree Law, the AOA of the Company shall, once the +latter is registered in the commercial register maintained by the Competent Authority, be binding upon all its shareholders. +2. Any amount payable by a shareholder to the Company under the provisions of the AOA +Federal Decree Law No. (32) of 2021 on Commercial Companies 51 + shall be deemed a debt owed by such shareholder to the Company. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (112 ) +Founders Committee +1. The founders shall choose from among themselves a committee to be called the +""Founders Committee"", consisting of at least three members. The Founders Committee +shall manage the procedures of incorporating the company and shall be responsible for +the accuracy, validity and completeness of all the documents, studies and reports +provided to the relevant entities. +2. It shall be permissible for the Founders Committee to delegate one of its members or a +third party to pursue and complete the incorporation procedures with the SCA and the +Competent Authority according to the controls established by the SCA in this respect. +3. The Founders Committee shall appoint a financial consultant, a legal consultant and an +auditor for managing the underwriting process. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (113 ) +Incorporation Procedure before the Competent Authority +1. The Founders Committee shall submit an incorporation application to the Competent +Authority, together with the MOA and AOA of the Company, an economic feasibility +study for the business venture to be established by the Company and the proposed +timetable for its implementation, and such other documents as the Competent Authority +may require. +2 .The Competent Authority shall consider the incorporation application and shall furnish to +the SCA the incorporation application and the documents annexed thereto. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (114 ) +Incorporation Procedures before the SCA +1 . The SCA shall review the MOA and AOA of the company, the economic feasibility of the +venture to be established by the company and the proposed schedule for its +Federal Decree Law No. (32) of 2021 on Commercial Companies 52 + implementation, the Prospectus and any approvals by the competent authorities in +relation to the application in accordance with the applicable requirements of the SCA. +2. The SCA shall consider the incorporation application and shall notify the Founders +Committee of its observations on the incorporation application and its supporting documents within 10 [ten] business days of the date of filing a complete application or +of the date on which the valuator appointed by the SCA presents his final report on the +valuation of the in -kind contributions, if any. The Founders Committee shall complete +any deficiencies or make such amendments as the SCA may deem necessary to complete +the incorporation application, within fifteen [15] business days of the notification date, +failing which, the SCA may consider the same as waiver of the incorporation application. +3. The SCA shall send a copy of the application and its supporting documents to the +Competent Authority within 10 [ten] business days of t he date of filing a complete +application, in order to be considered. A Joint Committee comprising members from both the SCA and the Competent Authority and formed under an administrative resolution issued by the SCA, shall convene within 10 [ten] business days of the date of +sending the application to the Competent Authority. If the Competent Authority has any +observations, the SCA shall notify the Founders Committee of the same, and the latter +shall have 10 [ten] business days to complete any deficiencies or to make such +amendments as the Competent Authority may require for completing the incorporation application, within ten [10] business days of the date of notification of the Founders +Committee. Failing which, the SCA may consider the same as waiver of the incorporation +application. After verifying that all the documents are complete and that all observations +have been rectified, the SCA shall send an amended copy to the Competent Authority. +4. If the Joint Commission rejects the incorporation application or if the time limit referred to +in Clause [3] of this Article expires without a decision, the Founders Committee may +appeal against the rejection decision before the competent Federal Court within thirty +[30] days of the date on which it is notified of the rejection decision, or of the date on +which such time limit expires in the absence of a decision approving the incorporation of +the company. + +Federal Decree Law No. (32) of 2021 on Commercial Companies 53 + " +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (115 ) +Attestation of the MOA +The Founders Committee shall have the MOA duly attested in accordance with the +provisions of this Decree Law and provide to the SCA a copy of the MOA and a copy of the +Competent Authority's initial decision approving the license as well as a certificate from a +bank licensed to operate in the State confirming that the founders have paid their respective capital contributions, prior to the approval of the Prospectus by the SCA. + + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (116 ) +Amendment of Incorporation Application's Information +The information of the incorporation application may not be amended, at any stage of the +incorporation process, once it has been submitted to the Competent Authority, whether +such information pertains to the capital or objects of the Company, the names of the founders or otherwise. If this occurs, the matter shall be referred to the Competent Authority +for necessary action. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (117 ) +Founders' Contribution to the Company's Capital +1 .The Founders shall subscribe for shares of the company's issued capital to the extent of +the ratio described in the Prospectus, before offering the remaining shares of the +company at a public offering, subject to the requirements of the SCA in this regard. +2. The founders may not subscribe for shares offered for sale at a public offering. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (118 ) +Valuation of In -kind contributions +1. Founders of the company may provide in -kind contributions in consideration of their +shares in the company, and the valuation of such contribution shall take place at the +expense of their contributors. +Federal Decree Law No. (32) of 2021 on Commercial Companies 54 + 2. The in -kind contributions shall be valuated according to the controls and procedures to be +issued under a resolution of the SCA in this regard. +3. The valuator may review any information or documents deemed necessary to carry out +the required valuation and to prepare the valuation report efficiently. The Founders +Committee or the Board of Directors, as applicable, shall take the necessary actions to +provide the valuator with the information, papers and documents required as soon as +practically possible of the date of the application. +4. The Founders Committee and the Board of Directors, if applicable, shall both be fully +liable for the accuracy, adequacy and completeness of the data and information. The +valuator shall exercise due diligence upon carrying out his duties. +5. The SCA may discuss and object to the valuation report. It may also appoint a substitute +valuator, if required, at the expense of the under -incorporation company. +6. It shall be permissible for the contribution or in -kind contributions provided by a public +person to be a concession or a right to use any public property. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (119 ) +Subsequent Valuation of In- kind contributions +The valuation of in -kind contributions following the incorporation process of the Company +shall be subject to the same valuation provisions set forth in this Decree Law. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (120 ) +Overvaluation of In- kind contributions +1. If the SCA is convinced that there is any overvaluation or negligence in the valuation of +in-kind contributions by the valuator, the SCA may: +a. Prevent the valuator from carrying out valuation activities for the SCA for a period of at least two years. +b. Permanently prevent the valuator from carrying out valuation activities for the SCA +in case of repeated violation. +2. The valuator may file a grievance against the SCA's decision with the chairman of the SCA +Federal Decree Law No. (32) of 2021 on Commercial Companies 55 + within fifteen [15] business days of receiving notice of either of the two decisions +mentioned in Clause [1] of this Article. If the chairman of the SCA dismisses the +grievance or fails to make a decision thereon within fifteen [15] business days after +being filed, the valuator may appeal the same before the competent court within thirty [30] business days of the date on which the grievance is dismissed or of the expiry date +of the time limit set for issuing a decision on the grievance, as the case may be. + + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (121 ) +Invitation to Public Offering +1. The prospectus shall be signed by the Founders Committee and the board of directors, if +applicable, and they shall be responsible for the validity of the data and information set +out in the prospectus. The consultants and parties involved in the public offering process +and their representatives shall exercise due diligence as expected from a prudent person +and each of them shall be responsible for fulfilling his duties. +2. Invitation to public offering shall be made by a prospectus to be published in two daily +local newspapers; one of which to be issued in Arabic, at least five business days prior to +the start date of the offering. +3. Subscription for the shares shall be made in accordance with an application the details of +which to be determined by the SCA. The application shall include, in particular, the name, objects and capital of the company, the conditions of subscription, the subscriber's name, address in the State, profession and nationality, the number of the +shares subscribed for by the subscriber, and the latter's undertaking to accept the +provisions of the MOA and AOA of the company. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (122 ) +Entities Authorized to Receive Subscription Applications +1. Subscription applications shall be submitted to a duly licensed entity/ entities in the State, +as specified by the Founders Committee in the Prospectus. Subscription applications +may also be submitted electronically as determined by the SCA in this respect. +Federal Decree Law No. (32) of 2021 on Commercial Companies 56 + 2. The entity / entities receiving the subscription applications shall keep the money paid by +the subscribers and the subscription proceeds for the benefit of the under -incorporation +Company. Such money shall only be paid to the board of directors of the Company after +the SCA issues a certificate of incorporation of the Company and the latter is registered in the commercial register maintained by the Competent Authority. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (123 ) +Underwriter +1. Without prejudice to the provisions of Article [10] of this Decree Law, the company may +have, upon incorporation or upon increase of its capital, one or more underwriters to be +approved by the SCA in accordance with the conditions, controls and procedures issued +under a resolution of the SCA. +2. A resolution shall be issued by the board of directors of the SCA indicating the controls +and conditions for the practice of underwriting activities in the State. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (124 ) +Subscription Controls and Procedures +1. Subscription shall remain open throughout the duration described in the Prospectus, +which may not exceed thirty [30] business days. +2. If all shares offered for subscription are not fully underwritten within the specified +duration, the Founders Committee may apply to the SCA for approval to extend the +period of subscription for an additional period not exceeding the duration specified in +the Prospectus. +3. If the additional period expires without all shares offered for public subscription are +underwritten, the founders may underwrite the remaining shares subject to the +requirements of the SCA in this regard. + + +Federal Decree Law No. (32) of 2021 on Commercial Companies 57 + " +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (125 ) +Distribution of Shares to Subscribers +If the shares offered for subscription are oversubscribed, the available shares shall be +distributed to the subscribers in proportion to their respective subscriptions or as +determined in the Prospectus and approved by the SCA. The shares distributed shall be +rounded to the nearest whole number. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (126 ) +Allotment of Shares and Return of Excess Amounts +The entities licensed to receive subscription applications shall, upon closure of subscription, +take the following actions: +1. Allot the shares to the subscribers within not more than five [5] business days of the date +of closure of subscription. +2. Refund the excess amounts paid by the subscribers and the proceeds for which no +shares have been allotted, not later than five [5] business days of the date of allotment of +shares to subscribers. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (127 ) +Subscription by Emirates Investment Authority +Emirates Investment Authority may subscribe for the shares of any Public Joint Stock +Company incorporated in the State and which offers its own shares for public subscription, +at a ratio not exceeding 5% of the shares offered for public subscription, provided that the +value of such shares is paid prior to subscription deadline and that the SCA is provided with a proof of such payment. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (128 ) +Announcement of Non- Incorporation of the Company +If the Co mpany is not incorporated, the SCA shall announce such situation to the public. +Federal Decree Law No. (32) of 2021 on Commercial Companies 58 + Such announcement shall entail the following: +1. Subscribers shall be entitled to recover the am ounts paid by them within 10 [ten] +Business days of the date of the announcement, together with their interests. The +founders shall be jointly liable for the refund of such amounts and, if applicable, compensation. +2. The founders shall bear the expenses incurred in the course of incorporating the +Company and shall be jointly liable vis -à-vis third parties for their own acts and conduct +during the incorporation period. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (129 ) +Book Building +Subject to the provisions of Articles [117 and 279] of this Decree Law, the SCA may issue a +resolution regulating the mechanism of subscription on the basis of Book Building. Entities +wishing to follow such method shall comply with the provisions and procedures contained +in the resolution to be issued by the SCA in this respect. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (130 ) +Incorporation Expenses +The Company shall bear all the expenses incurred by the Founders Committee in the course +of incorporating the Company and issuing its Securities. A detailed statement of such +expenses shall be submitted to the Constituent General Assembly of the Company for +consideration and approval. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (131 ) +Constituent General Assembly +1. The Prospectus of offering the Company's shares at a Public Offering shall include a call to the shareholders to hold a Constituent General Assembly of the Company, the +financial market's approval on the listing of the Company's shares and the date of +Federal Decree Law No. (32) of 2021 on Commercial Companies 59 + commencement of trading on the Company's shares in the financial market. +2. Unless the AOA of the Company stipulates a higher percentage, the quorum of the +Constituent General Assembly shall require the attendance of shareholders holding in +person or by proxy at least [50%] of the capital of the Company. If the quorum is not reached, the meeting shall be postponed for a period between five [5] days and fifteen +[15] days of the date of the first meeting. The postponed meeting shall be valid +irrespective of the number of shareholders present. +3. The meeting shall be chaired by whoever is elected by the Constituent General Assembly +for such purpose from among the founders. +4. Resolutions of the Constituent General Assembly shall be passed by a majority of +shareholders holding at least three quarters of the shares represented at the meeting. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (132 ) +Competences of the Constituent General Assembly +The Constituent General Assembly shall, in particular, consider and decide on the following +issues: +1. The founders' report on the procedures and costs of incorporating the Company. +2. Company -related actions of the founders during the incorporation period. +3. Approving the incorporation of the Company. +4. Appointing the first board of directors if not already appointed by the founders. +5. Appointing the auditors if not already appointed by the founders. +6. Appointing the members of Internal Sharia Supervisory Committee and the Sharia Controller if the Company is carrying on its business in compliance with the rules of +Islamic Sharia, if not already appointed by the founders. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (133 ) +Application for Incorporation Certificate +The board of directors of the Company shall, within 10 [ten] business days of the meeting +date of the Constituent General Assembly, submit an application to the SCA to have a +Federal Decree Law No. (32) of 2021 on Commercial Companies 60 + certificate of incorporation issued for the company. The application shall be accompanied by +the following items: +1. A report by the entity that audited the subscription accounts. +2. A declaration by the Founders Committee confirming that the capital has been fully subscribed, and indicating the amounts paid by the subscribers from the value of the +shares, the names and nationalities of the subscribers and the number of shares +subscribed for by each subscriber. +3. A bank certificate confirming that the paid -up capital of the Company has been +deposited. +4. A statement showing the names of the Directors of the Company and a declaration by +them confirming that their membership does not conflict with the provisions of this +Decree Law and the resolutions issued in implementation hereof. +5. A statement showing the names of members of the Internal Sharia Supervisory Committee and the Sharia Controller, if the Company is conducting its business in compliance with the rules of Islamic Sharia. +6. Minutes of meeting of the Constituent General Assembly. +7. Any other documents required by the SCA. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (134 ) +Issuance of Incorporation Certificate +Once the documents listed in Article [133] of this Decree Law are completed, the SCA shall +issue a certificate of incorporation of the Company within five [5] business days of the date +of filing a complete application by the board of directors of the Company. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (135 ) +Registration of the Company with the Competent Authority +1. The board of directors of the Company shall, within 10 [ten] business days of the date of +issuance of an incorporation certificate by the SCA, commence the process of registering the Company with the Competent Authority. +Federal Decree Law No. (32) of 2021 on Commercial Companies 61 + 2. The Competent Authority shall record the Company in the commercial register and shall +issue a business license for the Company within five [5] business days of the date of +completion of the documents and payment of the prescribed fees, and shall provide the +SCA with a copy of the business license. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (136 ) +Notice to The Registrar +The chairman of the Company's board of directors shall, within five [5] business days of the date of issuance by the Competent Authority of the company's business license, furnish to +the Registrar the certificate of incorporation, MOA, AOA and business license of the +company, in order to have the company recorded in the companies register, and shall +publish such documents at the Company's expense according to the controls laid down by +the Minister in this respect. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (137 ) +Listing the Company's Shares on the Financial Market +1. The board of directors of the Company that offers its shares at a public offering shall, +within fifteen [15] business days of the date of recording the company in the commercial +register with the Competent Authority, list the Company's shares on a financial market +licensed in the State according to the applicable listing rules and regulations of the SCA +and the financial market on which the Company's shares are to be listed. +2. Companies listed on a financial market in the State shall comply with the laws and +regulations of the financial market. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (138 ) +Acts of the Founders +Once the Company is recorded in the commercial register with the Competent Authority, the +effects of all acts performed by the founders for the Company's for the latter's benefit prior +Federal Decree Law No. (32) of 2021 on Commercial Companies 62 + to its registration, shall be transferred to the Company. The Company shall bear all the +expenses incurred by the founders in this respect. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (139 ) +Amendment of MOA or AOA +Subject to the provisions of this Decree Law, the company may, subject to prior consent of +the SCA, issue a special resolution to amend its MOA or AOA. The company shall provide +the Competent Authority with a copy of this resolution. +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (140 ) +Access to Information and Data +1. The Company shall provide on its website a copy of its MOA, AOA and any documents or +other information as determined by the SCA. 2. The Company shall send a copy of its +MOA and AOA to any shareholder who so requests, at the latter's expense. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (141 ) +Shareholder Register and Company Records +1. Each Company shall keep a register of its shareholders in accordance with the guidelines +laid down by the SCA. +2. The SCA may review the shareholder register and the books, documents and records of +the Company. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (142 ) +Purchase of Assets during the First Fiscal Year +If, prior to the General Assembly's approval of the company's accounts for the first fiscal year, the Company purchases assets, companies or corporate bodies for an amount in excess +of [20%] of its capital, the board of directors shall notify the SCA of the same. The SCA may +subject such assets, companies or corporate bodies to valuation in accordance with the +provisions of this Decree Law. +Federal Decree Law No. (32) of 2021 on Commercial Companies 63 + Chapter Two +Management of the Public Joint Stock Company +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (143 ) +Formation of the Board of Directors +1. The management of the Company shall be undertaken by a board of directors. The AOA +of the Company shall regulate the formation of the board of directors, the number of +directors and their term of office, provided that their number is odd not less than 3 and +not exceeding 11, and their term of office may not exceed 3 calendar years starting from +the date of election or appointment. Directors may be re -elected for consecutive terms. +2. The board of directors shall elect, from among its members, by secret ballot a chairman +and a deputy chairman who shall act on behalf of the chairman if the latter is absent or has any situation impeding the performance of his duties. A Managing Director may be +elected for the Company. The Managing Director may not be the CEO or Director +General of any other Company. +3. The board of directors shall notify the SCA of the resolutions electing the chairman, the +deputy chairman and the managing Director. The Central Bank's approval of such resolutions shall be obtained if the Company is licensed by the Central Bank. +4. The Company shall appoint a secretary for the board of directors. The secretary shall not +be a Director. +5. The board of directors of the SCA shall issue a resolution setting out the conditions and +guidelines which the companies are required to abide by for appointing the board of directors and nominating the Directors. The Central Bank shall issue an appropriate +decision in this respect if the Company is licensed thereby. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (144 ) +Electing the Directors +1. Subject to the provisions of Article [143] of this Decree Law, the General Assembly shall +elect the directors by way of cumulative secret voting. Notwithstanding this, it shall be permissible for the founders to appoint the members of the first board of directors under +Federal Decree Law No. (32) of 2021 on Commercial Companies 64 + the company's AOA. +2. Cumulative voting shall mean that each shareholder is entitled to a number of votes +equivalent to the number of the shares held by him, so that he may either cast all votes +in favor of one candidate for the membership of the board or distribute the votes among the nominated candidates, provided that the number of votes granted to the candidates +does not exceed the number of votes to which the shareholder is entitled. +3. Subject to the provisions of this Decree Law and the company's AOA, directors may be +persons with expertise other than the shareholders. +4. Every company shall keep a register of the members and the secretary of the board of +directors at its headquarters. The SCA shall determine the details to be included in such register. +5. The register of members and secretary of the board of directors of the company referred +to in Clause [3] of this Article shall be made available for review by any shareholder or +director of the company, free of charge during the working hours, subject to any reasonable restrictions as may be imposed by the company under the AOA. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (145 ) +Vacant Position of Director +1. If the position of any Director becomes vacant, the board of directors shall, subject to the +provisions of Article [143] of this Decree Law, appoint a new Director to fill in the +vacancy within thirty [30] days, provided that such appointment is referred to the +General Assembly at its first meeting for approval of the appointment or the +appointment of a substitute Director. The new Director shall complete the term of office +of his predecessor. If no new director is appointed to fill in the vacant position within +such time limit, the board shall invite candidates to fill in the vacant position at the first +General Assembly meeting, and the new director shall complete the term of office of his +predecessor. +2. If the number of vacancies reaches one fourth of the numbe r of Directors, the remaining +Directors shall call the General Assembly to convene within thirty [30] days of the date +Federal Decree Law No. (32) of 2021 on Commercial Companies 65 + of the last vacancy, in order to elect new Directors to fill in such vacancies. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (146 ) +Voting Mechanism for Directors Election +Each shareholder of the Company shall be entitled to a number of votes equal to the number +of shares he holds. The SCA shall issue a resolution determining the voting mechanism to be +used at the general assemblies for the election of Directors. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (147 ) +Nomination of Directors +No person may be appointed or elected as a Director of the Company unless and until such +a person declares in writing his acceptance of the nomination. The declaration shall state +any activity that competes with the business of the Company and is conducted directly or indirectly by the nominee, together with the names of the companies and establishments in +which such person works or holds the position of a Director. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (148 ) +Government's Representation in the Board of Directors +Notwithstanding the provisions of Article [143] hereof, the Federal or Local Government +may, if it holds [5%] or more of the capital of the Company, appoint representatives in the +board of directors at the same ratio of the number of directors, or at least one Director if the +ratio required to appoint the Director exceeds the above -mentioned ratio. The Government +shall waive its voting rights for the ratio of directors in respect of which the appointment is +made. If the Government holds any remaining ratio that does not make it eligible for appointing any other Director, the Government may use such ratio for voting. + + + +Federal Decree Law No. (32) of 2021 on Commercial Companies 66 + " +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (149 ) +Membership of the Boards of Directors of Several Joint Stock Companies +1. No person, in his personal capacity or in his capacity as the representative of a legal +person, may serve as a Director of more than five joint stock companies headquartered +in the State, or a chairman or deputy chairman of more than two companies +headquartered in the State, nor be a Managing Director of more than one Company +headquartered in the State. +2. The position of any Director who violates the provisions of Clause [1] of this Article shall +be null and void in respect of the boards of directors of companies exceeding the legal +limit, taking into consideration the recent appointment. A Director whose position is invalidated shall pay back all amounts received from the Company. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (150 ) +Director's Duty to Disclose Conflict of Interest +1. Every Director of the Company, who may have a common interest or a conflicting interest +in respect of any transaction that is submitted to the board of directors for approval, shall +notify the board of directors of such interest and his declaration shall be recorded in the +minutes of the meeting. Such Director may not vote on any resolution concerning such +transaction. +2. If a Director fails to notify the board in accordance with the provisions of Clause [1] of this +Article, the Company or any of its shareholders may apply to the competent court to +invalidate the contract of the underlying transaction or to require the violating Director to pay back to the Company any profit or benefit earned as a result of such contract. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (151 ) +Nationality of Directors +Subject to the provision of Article [10] of this Decree Law, any requirements laid down by the Cabinet or Competent Authority shall be observed on the formation of the board of +directors. If the ratio of UAE nationals in the board of directors falls below the limit set forth +Federal Decree Law No. (32) of 2021 on Commercial Companies 67 + in such Article, the deficit shall be rectified not later than three months. Otherwise, the +resolutions of the board of directors shall be null and void. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (152 ) +Prohibited Acts of Related Parties +1. Related parties shall be prohibited from taking advantage of any information that comes +to their possession by virtue of their membership or position in the company for the sake +of achieving any personal interest for themselves or for third parties, as a result of +dealing in the securities of the company and any other transactions. In addition, it shall not be permitted for any of these parties to knowingly have any direct or indirect interest +with any entity that carries out transactions intended to influence the rates of the +securities issued by the company. +2. The company may not enter into any deals with a related party for a value not exceeding +[5%] of its capital without the prior consent of the board of directors. In addition, +approval of the company's General Assembly shall be deemed a prerequisite for any +value in excess of such percentage after the deals have been valuated in accordance with +the controls and conditions laid down a resolution of the SCA. +3. It shall not be permitted for a director – without the consent of the General Assembly of +the company [to be renewed every year] – to participate in any business which is in +competition with the company, or to trade for their own benefit or for the benefit of +third parties in any branch of the activity conducted by the company. In addition, it shall +not be permitted for a board member to disclose any information or data related to the +company, otherwise the company may demand compensation or the resulting profits +the member has earned as a result. +4. Prior to entering into any deal with the company, the related party is required to disclose +to the board of directors the nature and terms of the deal and all essential information +concerning their stake or contribution to the two companies involved in the deal, and +the extent of their relevant interest or benefit. +5. When the Company enters into deals with the related parties, the Chairman of the board +Federal Decree Law No. (32) of 2021 on Commercial Companies 68 + of directors of the company shall furnish to the SCA a statement containing the +information about the related party, details of the deal, and the nature and extent of the +related party's potential benefit from the deal, in addition to any further data, +information or documents requested by the SCA, along with a written confirmation by the related party acknowledging that the terms of the deal are fair, reasonable and in +favor of the company's shareholders. +6. The related parties, transactions associated with the interest conflict, duties of the party +relevant to the company, as well as the deals, shall be defined according to the +resolutions and regulations to be issued by the SCA. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (153 ) +Prohibition of Loans to Directors +1. Except for the financial institutions that are subject to the control and supervision of the +Central Bank, it shall not be permitted for a joint stock company to provide any loans to any of its directors, nor to enter into guarantees or provide any collaterals in connection +with any loans granted to them. Any loan granted to the director's spouse, children or +relatives up to the second degree shall be deemed a loan granted in accordance with the +provisions of this Decree Law. +2. No loan may be granted to a company in case any of its directors or his spouse, children or +relative up to the second degree holds over 20% of its capital. +3. Any agreement that conflicts with the provisions of this Article shall be null and void. The +auditor shall refer, in their report submitted to the General Assembly of the company, to +such loans and credits granted to the directors and the extent to which the company +complies with the provisions of this Article. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (154 ) +Powers of the Board of Directors +The board of directors shall have all the powers specified in the AOA of the Company except +those powers exclusively conferred upon the General Assembly under this Decree Law or +Federal Decree Law No. (32) of 2021 on Commercial Companies 69 + the AOA of the Company. However, the board of directors may not enter into loan +agreements for terms exceeding three years, sell the Company's property or business +premises, mortgage the movable and immovable property of the Company, discharge +debtors of the Company from their obligations, enter into amicable conciliation or agree on arbitration, unless such acts are authorized under the AOA of the Company or fall within the +objects of the Company by nature. Other than those two cases, such acts shall require a +Special Resolution of the General Assembly. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (155 ) +Representation of the Company +1. The chairman shall legally represent the Company before the courts and in respect of its +relationships with third parties, unless the AOA of the Company provides that its +Director General shall act as its representative before the courts and on its relationships +with third parties. +2. The chairman may delegate any of his powers to any Director. +3. The board of directors may not confer upon the chairman an absolute delegation of its +responsibilities. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (156 ) +Board Meetings +1. The board of directors shall meet at least four [4] times a year at a call by the chairman, +unless the AOA of the Company provides for more meetings, in accordance with the +procedures specified in the AOA. However, the chairman shall call the board of directors +to upon the request of at least two directors, unless the AOA of the Company provides otherwise. +2. Meetings of the board of directors shall be held at the headquarters of the Company, +unless the board resolves otherwise. Board meetings shall be valid only if all the +Directors are called to the meeting and the majority of the Directors are present in +person, unless the AOA of the Company permits attendance through means of modern +Federal Decree Law No. (32) of 2021 on Commercial Companies 70 + technology approved by the SCA. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (157 ) +Board Resolutions +1. Board resolutions shall be passed by a majority of votes; in the event of equal votes, the +chairman shall have the casting vote. +2. Notwithstanding the provision of Article [156.2] of this Decree Law, the board of directors +may pass any resolutions by way of circulation, in accordance with the conditions and +procedures to be established under a decision of the SCA. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (158 ) +Director's Absence +If any Director fails to attend three [3] consecutive or five [5] intermittent board meetings +during the term of office of the board of directors, without an excuse acceptable to the +board, such Director shall be deemed to have resigned. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (159 ) +Minutes of Board Meetings +The secretary of the board of directors shall prepare the minutes of meetings, which shall be signed by the secretary himself together with the directors attending the meeting. The +Director who opposes any resolution passed by the board may record his opposing opinion +in the minutes of the meeting. The signatories to such minutes shall assume responsibility for the accuracy of the details contained therein. The SCA shall lay down the applicable +guidelines in this respect. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (160 ) +Appointment of Director as Proxy at Board Meetings +1. The Director may not appoint any other Director as his proxy to attend a board meeting +Federal Decree Law No. (32) of 2021 on Commercial Companies 71 + unless so permitted by the AOA of the Company. Each Director may act as a proxy for +only one Director, but at least 50% of the Directors shall be present in person. +2. No voting may take place by correspondence. The Director acting as a proxy shall vote on +behalf of the absent Director as determined in the deed of proxy. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (161 ) +Liability of the Company for Acts of Board of Directors +The Company shall be bound by the acts duly carried out by the board of directors and shall be liable for any damage caused by the unlawful acts of the chairman and directors of the +Company. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (162 ) +Liability of Board of Directors and Executive Management +1. The directors and executive management officer shall be liable vis -à-vis the company, +shareholders and third parties for all acts of fraud, abuse of power and violation of the provisions of this Decree Law and the AOA of the company. Every condition to the +contrary shall be null and void. The executive management shall be represented by the +Director General, Managing Director or CEO of the company, their deputies, everyone in +senior executive positions, executive management officers and those employees +appointed personally by the board of directors. +2. The scope of liability provided for in Clause [1] of this Article shall apply to all directors if +the error in question arises from a resolution passed unanimously by them. However, if +the resolution in question is passed by majority, the members who oppose this +resolution shall not be held liable, provided they express their opposition in writing in the minutes of the meeting. If a member fails to attend the meeting at which the +resolution is passed, they shall not be relieved of the liability unless it is proven that the +absent member either is not aware of the resolution or is aware of it but unable to object +thereto. The liability cited in Clause [1] of this Article shall fall upon the executive +management if the error in question arises from a resolution passed by it. +Federal Decree Law No. (32) of 2021 on Commercial Companies 72 + 3. Wi thout prejudice to any penalty stipulated in this Decree Law or any other law, any +chairman or a director of the company or of its executive management shall be deemed +dismissed from their position by force of law if a final judgement is issued establishing +that they have committed any act of fraud or abuse of power or if they have entered into transactions or deals involving conflict of interest and in violation of the provisions of +this Decree Law or its implementing resolutions. Such a person shall not be accepted to +run as a candidate for membership of a board of directors of any joint stock company in +the State, nor to undertake any executive management duties for the company until at +least three years have passed of the date of their dismissal. The provisions of Article +[145] of this Decree Law on occupying the new membership position in the company's +board of directors shall apply. If all members of the company's board of directors are +dismissed, the SCA shall convoke the General Assembly to elect a new board of directors. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (163 ) +Acts of Directors +The Company shall be bound by the acts of any of its Director vis -à-vis bona fide third +parties, even if it subsequently appears that his election or appointment has been invalid or +that the applicable conditions for such election or appointment are not satisfied. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (164 ) +Acts Detrimental to the Company's Interests +1. If one or more shareholders holding at least [5%] of the shares of the Company are +convinced that the affairs of the Company are being or have been conducted to the detriment of the interests of all or any of the shareholders, or that the Company intends +to make an act or omission that may prejudice any shareholder[s], such shareholder[s] shall have the right to submit an application to the SCA, together with supporting +documents, to issue appropriate decisions at its own discretion. +2. If the SCA rejects the application or the if application is not decided on within thirty [30] +business days, the shareholder[s] shall be entitled to resort to the competent court +Federal Decree Law No. (32) of 2021 on Commercial Companies 73 + within ten [10] days of the date on which the application is rejected or when the time +limit expires, as the case may be. +3. The SCA may resort to the competent court if it is convinced that the affairs of the +Company are being or have been conducted to the detriment of the interests of all or any of the shareholders, or that the Company intends to make an act or omission that may +prejudice the shareholders. +4. The competent court shall hear the case filed by the shareholder or the SCA as a matter of +urgency in the two instances described in Clauses [2] and [3] of this Article. The court +may appoint one or more experts to provide a report on one or more aspects of +management. The court may issue a judgment invalidating the act or omission in +question or requiring the Company to resume any act which the Company has ceased to +perform. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (165 ) +Lawsuit by the Company against Board of Directors +The Company may file a liability lawsuit against its board of directors on the grounds of its +errors that may result in damage to all the shareholders, under a resolution to be adopted by +the General Assembly for nominating a representative of the Company to institute the +lawsuit in the name of the Company. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (166 ) +Shareholder's Lawsuits +1. Any shareholder may file with the c ompetent court a lawsuit against the company and its +board of directors and executive management, if any damage is inflicted upon the +shareholder as the result of an act by the company or its board or executive +management in violation of the provisions of this Decree Law. +2. The shareholder shall have the right to recover from the company all the legal expenses +actually incurred as judicial and attorney fees for the lawsuit, in the event that a final and +conclusive judgement is issued on the lawsuit, whether the judgement issued by the +Federal Decree Law No. (32) of 2021 on Commercial Companies 74 + competent court is in favor of or against the shareholder [Plaintiff], subject to the +following requirements: +a. Submission of the documents supporting such legal expenses. +b. The lawsuit of the shareholder [the plaintiff] is not based on malicious grounds aimed at inflicting harm upon, defaming or blackmailing the defendant or the +company and its shareholders, or affecting the share price in the financial market. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (167 ) +Lawsuit against the Related Party +1. Any single shareholder, or all shareholders acting collectively, may file a lawsuit with the +competent court under their name and on behalf of the company against any related +party of the company for the damage incurred by the company as a result of the related +party's breach of duties vis -à-vis the company according to this Decree Law or any other +law. For this purpose, the following requirements shall be satisfied: +a. That the damage or violation to duty has been caused to the company; +b. That the plaintiff is a shareholder of the company at the time when the acts involved +in the lawsuit have been committed, or has acquired such capacity as a result of the +transfer the interest or shares of such a person from a person who has had such +capacity at that time. +c. That the plaintiff or plaintiffs collectively have shares which represent at least 10% of +the company's capital. +d. That the plaintiff has earlier submitted to the board of directors of the company a +written application for filing the lawsuit and stating its grounds, but such application +has either been rejected or not responded to by the board within thirty [30] days. +e. That the lawsuit documents include a copy of the application referred to in the previous paragraph of this Article, and details of all other efforts made to urge the +company to file the complaint by itself. +2. Subject to the provisions of Clause [1] of this Article, the plaintiff or plaintiffs may not +enter into amicable conciliation or settlement with the defendant in such case without +Federal Decree Law No. (32) of 2021 on Commercial Companies 75 + the approval of the court following the full disclosure of the details of the proposed +conciliation or settlement. +3. If a judgement is issued in favor of the plaintiff or plaintiffs according to the provisions of +this Article, the ownership of amounts ordered by the court to be refunded and the compensation for damage shall be conferred upon the company, with the exception of +the legal expenses and attorney fees which shall be paid back to the plaintiff or plaintiffs +who had actually paid them. The competent court shall approve the value of such legal expenses if it is convinced that the lawsuit is based on malicious grounds with the aim of +inflicting damage upon the defendant, the company and its shareholders, or of defaming +or affecting the price of the share in the financial market. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (168 ) +Direct Legal Proceedings +Any single shareholder, or all shareholders acting collectively, may file a lawsuit with the competent court under their name against any related party of the company on the grounds +of the damage caused to them as a result of any breach of the provisions of this Decree Law +or any other law. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (169 ) +Lapse of Liability Lawsuit +Any resolution passed by the Gene ral Assembly to discharge the board of directors from +liability shall not give rise to lapse of the liability lawsuit against the Directors due to the +errors committed by them in the course of performing their duties. If the act giving rise to +liability has been presented to and approved by a General Assembly, the liability lawsuit shall lapse upon the expiry of one year of the date of such General Assembly Meeting. +However, if the act ascribed to the Directors is a criminal offence, the lawsuit shall only lapse +when the criminal case lapses. + + +Federal Decree Law No. (32) of 2021 on Commercial Companies 76 + " +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (170 ) +Removal of Directors +1. The General Assembl y may remove all or any of the Directors, even if the AOA of the +Company provides otherwise. In such case, new Directors shall be elected instead of the +directors so removed, subject to the provisions of Articles [143 and 144] of this Decree +Law. The SCA and the Competent Authority shall be notified of such election. +2. If a Director is removed, he shall not be eligible for re -nomination to the board before the +lapse of three [3] years of the date of the resolution approving his removal. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (171 ) +Remuneration of Directors +1. The AOA shall determine the way in which the remuneration of Directors is to be +calculated, provided that it does not exceed [10 %] of the net profit for the fiscal year +then ended, after the deduction of depreciation and reserves. +2. Notwithstanding clause [1] of this Article, and subject to the controls to be issued by the +SCA in this regard, any director may be paid a lump sum remuneration not exceeding [AED 200,000] two hundred thousand dirhams at the end of the fiscal year, provided +that the Company's AOA so permits and that the General Assembly has approved the +payment of such remuneration in the following cases: +a. If the company fails to make any profit; +b. If the company makes a profit and the director's share of those profits is less than +[AED 200,000] two hundred thousand dirhams, in which case, the remuneration and +fees may not both be paid to a single director. +3. The fines imposed on the Company due to violations by the board of directors of the +Law or the AOA of the Company during the fiscal year ended shall be deducted from the +remunerations of the board of directors. The General Assembly may decide to not +deduct such fines if it is convinced that they are not due to any negligence or error on the part of the board of directors. +Federal Decree Law No. (32) of 2021 on Commercial Companies 77 + " +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (172 ) +Invalidity of Resolutions +1. Without prejudice to the rights of bona fide third parties, any resolution issued in violation +of the provisions of this Decree Law or the MOA or AOA of the Company or for or +against a certain class of shareholders or to bring a special benefit to the Related Parties +or Third Parties without consideration of the interests of the Company shall be invalid. +2. The judgment establishing such invalidity shall render the resolution void ab initio in +respect of all the shareholders. +3. The board of directors shall publish the judgment in two daily local newspapers; at least +one of which is published in Arabic. +4. The invalidity lawsuit shall be time barred after the passage of sixty [60] days of the +issuance date of the contested resolution. Filing the lawsuit shall not give rise to stay of execution of the resolution in question, unless the competent court orders otherwise. + +Chapter Three +General Assemblies of Public Joint Stock Company +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (173 ) +Convening the General Assembly +1. The General Assembly of shareholders shall convene, subject to prior approval of the SCA, +at the call of the board of directors at least once a year, within the four [4] months +following the end of the fiscal year, at such time and venue as determined in the notice +of meeting. The board may call the General Assembly to convene as necessary. +2. If the board of directors fails to send a call for General Assembly meeting under the +circumstances where this is required hereunder, the auditor shall send out such a call. +This shall also apply whenever necessary. In this case, the auditor shall prepare and +publish the agenda. + + +Federal Decree Law No. (32) of 2021 on Commercial Companies 78 + " +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (174 ) +Notice of General Assembly Meeting +1. Except for the meeting of the General Assembly being postponed due to the lack of +quorum, in accordance with the provisions of Article [185] of this Decree Law, the call to +General Assembly Meeting shall be served based upon the approval of the SCA to all +shareholders according to the controls and conditions to be included in a resolution of +the SCA, subject to the following: +a. The notice of General Assembly Meeting shall be sent at least twenty -one [21] days +prior to the scheduled date of meeting. +b. The notice of meeting shall be sent in accordance with the notification method +issued by a resolution of the SCA. +c. The shareholders shall be notified by registered letter or through the modern means +of technology as stipulated in the AOA of the company. +d. The company shall serve upon both the SCA and the Competent Authority a copy of +the notice of meeting on the date of the notification of the call for meeting. +2. The notice of meeting shall include the agenda, venue, date and time of the first meeting +and the second meeting [in the event of the lack of quorum for the first meeting]. In addition, it shall also indicate the persons eligible to attend the General Assembly and +their right to delegate whoever they select from outside the directors under a special +written power of attorney as determined by the SCA in this regard, the shareholder's +eligibility to discuss the matters listed in the General Assembly's agenda, and to pose questions to the board of directors, the auditor, the quorum required for the meetings of +the General Assembly and the resolutions issued thereat. It shall also indicate the names +of persons eligible to the receive dividends, if any. +3. It shall be permissible for meetings of the General Assembly to be held and for the +shareholder to participate in their deliberations and vote on their resolutions through +modern means of technology of telepresence according to the controls set forth by the +SCA in this regard. + +Federal Decree Law No. (32) of 2021 on Commercial Companies 79 + " +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (175 ) +Valid Notice to Shareholders +If the notice of meeting of the General Assembly is sent prior to the date of the meeting +within a period less than the period specified in Article [174] of this Decree Law, then the +notice to General Assembly Meeting shall be valid if approved by shareholders representing +[95%] of the capital of the Company. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (176 ) +Shareholders' Request to Call the General Assembly Meeting +1. The board of directors of the company shall call the General Assembly to convene +whenever one or more shareholders holding shares that represent at least [10%] of the company's shares requests so, so that the call to General Assembly is sent within five [5] days of the date of the request. The General Assembly shall convene within thirty [30] +days of the date of call for the meeting. +2. The request referred to in Clause [1] of this Article shall be submitted to the headquarters +of the company and shall indicate the purpose of the meeting and the matters to be +discussed. The party calling for the meeting shall provide a certificate from the financial market on which the shares of the company are listed, indicating that the disposition of +its own shares is prohibited upon its request until the meeting of the General Assembly is +held. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (177 ) +General Assembly Meeting Convoked by Auditor +1 .The board of directors shall call the General Assembly to convene upon the request of the +auditor. If the board fails to send out a notice of meeting within five [5] days of the date +of the request, the auditor shall send it out. +2 .The General Assembly shall convene not less than fifteen [15] days and not more than +thirty [30] days of the date of the notice of the meeting. + +Federal Decree Law No. (32) of 2021 on Commercial Companies 80 + " +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (178 ) +General Assembly Meeting Convoked by SCA +1. The SCA may instruct the c hairman of the board of directors of the company or his +representative to call a General Assembly Meeting in any of the following cases: +a. Upon the expiry of thirty days of the date described in Article [173] of this Decree +Law without the General Assembly being called to convene. +b. If the number of directors goes below the minimum limit required for the board +meeting to be valid. +c. If the SCA is convinced, at any point of time, of the occurrence of any violations of +the Law or of the company's AOA, or that there is any defects in the company's management. +d. If the board of directors of the company fails to respond to the request of the +shareholder [s] in accordance with the provision of Article [176] of this Decree Law. +2. If the chairman of the board of directors of the company, or the person acting in lieu of +him, fails to call the General Assembly Meeting in any of the above cases within five [5] +days of the date of the SCA's request, the SCA shall call the meeting at the expense of the +company. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (179 ) +Competences of Annual General Assembly +In particular, the annual General Assembly of the Company shall consider and decide on the +following issues: +1. Consideration and approval of the board of directors' report on the activities and financial position of the Company during the year and the auditor's report and, if the +Company conducts its activity in compliance with the rules of Islamic Sharia, the report +of the Internal Sharia Supervisory Committee; +2. The balance sheet and profit and loss account; +3. The election of Directors if necessary; +4. The appointment of members of the Internal Sharia Supervisory Committee if the +Federal Decree Law No. (32) of 2021 on Commercial Companies 81 + Company conducts its activity in compliance with the rules of Islamic Sharia; +5. The appointment and remuneration of auditors; +6. Consideration of proposals by the board of directors for the distribution of profits, +whether in cash or as bonus shares; +7. Consideration of proposals by the board of directors for the remuneration of the +Directors and the determination of their remuneration; +8. Exonerating or dismissing Directors and filing liability lawsuits against them, as the case +may be; and +9. Exonerating or dismissing auditors and filing liability lawsuits against them, as the case may be. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (180 ) +Right to Attend the General Assembly +1. Every shareholder shall have the right to attend the General Assembly and shall have a +number of votes equal to his number of shares. Any shareholder that has the right to +attend the General Assembly may appoint a proxy other than a Director, under a special +written proxy. A proxy holder acting on behalf of several shareholders shall not hold in +this capacity over 5% of the share capital of the Company. Shareholders who are minors +or legally incompetent shall be represented by their legal representatives. +2. The legal person may appoint any of its representatives or those in charge of its +management under a resolution to be passed by its board of directors or any similar +entity to represent it at any General Assembly of the Company. The proxy shall have the +powers defined in the proxy resolution. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (181 ) +Supervision of General Assembly Meetings +1. The SCA and the Competent Authority may send one or more controllers on their behalf +to attend meetings of the General Assembly of companies without having the right to vote. The presence of such controllers shall be recorded in the minutes of meeting of the +Federal Decree Law No. (32) of 2021 on Commercial Companies 82 + General Assembly. +2. The Central Bank or the Insurance Authority may send one or more controllers to attend +meetings of the General Assembly of companies licensed by the Central Bank or the +Insurance Authority, without having the right to vote. The presence of such controllers shall be stated in the minutes of meeting of the General Assembly. + + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (182 ) +Powers of the General Assembly +1. Subject to the provisions of this Decree Law and the resolutions issued in implementation +hereof and the AOA of the company, the General Assembly shall be competent to +consider all the issues in connection with the company. The General Assembly is not +permitted to consider matters other than those listed in the agenda. +2. Notwithstanding the provisions of Clause [1] of this Article, the General Assembly shall +have the right to consider the serious incidents revealed during the meeting. If the SCA or +a shareholder or a number of shareholders holding at least 5% of the share capital of the +company request, before commencing the discussion of the General Assembly's agenda, +to list an additional item or items in the agenda, the chairman of the meeting shall list +such item or items. The SCA will issue a resolution determining the conditions to be +observed for listing a new item on the General Assembly's agenda. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (183 ) +Record of General Assembly Meetings +The shareholders shall record their names for the attendance of the meeting of the company's General Assembly in accordance with the controls, terms and procedures to be +issued by a resolution of the SCA in this regard. + + + +Federal Decree Law No. (32) of 2021 on Commercial Companies 83 + " +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (184 ) +Chairmanship of the General Assembly +The chairman of the board of directors of the company or, in his absence, the deputy +chairman or, if both the chairman and the deputy chairman are absent, any director so +selected, shall assume chairmanship of the General Assembly. If the board of directors fails +to select a member to chair it, it shall be chaired by any person selected by the General +Assembly. The General Assembly shall also appoint a secretary for the meeting. If the +General Assembly discusses a matter related to the chairman of the meeting, the General +Assembly shall select from the shareholders a chairman for the meeting during the +discussion of this issue. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (185 ) +Quorum for General Assembly Meetings +Unless the AOA states a higher percentage, the quorum for meetings of the General +Assembly shall be fulfilled if the shareholders holding or representing by proxy at least 50% +of the share capital of the Company are present at the meeting. If a quorum is not present at +the first meeting, the General Assembly shall be postponed to another future date at least +five [5] days, but not more than fifteen [15] days after the date of the first meeting. The +quorum for the postponed meeting shall be fulfilled irrespective of the number of +shareholders present. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (186 ) +Withdrawal from the Meeting of the General Assembly +If any of the shareholders or their representatives withdraws from the meeting of the +General Assembly after the quorum has been fulfilled, such withdrawal shall not affect the +validity of the General Assembly, provided that the resolutions shall be passed by the +majority described in this Decree Law for the remaining shares represented at the meeting. + +Federal Decree Law No. (32) of 2021 on Commercial Companies 84 + " +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (187 ) +Discussion of the General Assembly's agenda +1. Every shareholder attending the General Assembly shall be entitled to discuss the matters +listed on the General Assembly's agenda and to address questions to the Directors and +the auditor. The Directors and the auditor shall reply to the questions to the extent that +the interests of the Company are not compromised. +2. A shareholder may resort to the General Assembly if the shareholder feels that the answer +to his question is unsatisfactory. The General Assembly's decision shall be enforceable +and every provision in the AOA of the Company to the contrary shall be invalid. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (188 ) +Voting on General Assembly's Resolutions +1. Subject to the provision of Article [146] of this Decree Law, voting on the General +Assembly's resolutions shall be conducted via the method as determined by the AOA of the company. However, voting shall be secret if related to the election, dismissal or +accountability of the directors. It shall be permissible for voting on meetings of the +General Assembly to be conducted using the online voting mechanism, provided that the +controls and terms issued by the SCA in this regard are adhered to. +2. Subject to the provision of Article [180] of this Decree Law, it shall not be permitted for +directors to participate in voting on resolutions of the General Assembly related to being +discharged from the liability for their management, or in connection with a special +benefit for them, or resolutions that are related to a conflict of interests or an existing +dispute between them and the company. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (189 ) +Minutes of General Assembly Meeting +1. Minutes shall be drafted for all meetings of the General Assembly. The minutes of every +meeting shall include the names of the shareholders present in person or by proxy, the number of shares held by them in person or by proxy, the number of votes per share, the +Federal Decree Law No. (32) of 2021 on Commercial Companies 85 + resolutions passed, the number of votes for or against such resolutions, and an adequate +summary of the deliberations of the meeting. +2. Minutes of General Assembly meetings shall be duly recorded after each meeting in a +special register, to be kept in accordance with the guidelines laid down in a resolution of the SCA. The minutes shall be signed by the chairman and the secretary of the meeting, +the vote counter and the auditor. The persons who sign the minutes of meeting shall be +responsible for the accuracy of their contents. + + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (190 ) +Resolutions of General Assembly +1. Resolutions of the General Assembly shall be passed by a majority vote of the shares +represented at the meeting, or such higher majority as specified by the AOA of the +Company. +2. Resolutions passed by the General Assembly in accordance with the provisions of this +Decree Law and the AOA of the Company shall be binding on all the shareholders, whether present at or absent from the meeting at which the resolution is passed and +whether they assent or dissent to the resolution in question. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (191 ) +Implementation of Resolutions of the General Assembly +The chairman of the Company shall implement the resolutions of the General Assembly and +shall send a copy thereof to the SCA, the financial market on which the shares of the +Company are listed as well as to the Competent Authority, in accordance with the guidelines +laid down by the SCA. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (192 ) +Review of Minutes of General Assembly Meetings +1. The minutes of meetings of the General Assembly of shareholders shall be kept at the +Federal Decree Law No. (32) of 2021 on Commercial Companies 86 + headquarters of the Company. Any shareholder may review such minutes without +consideration during ordinary working hours. +2. If the Company rejects or fails to comply with the provisions of this Article, the SCA may +issue an order to scrutinize the contents of the minutes on the deliberations of the General Assembly. The SCA may also issue an order instructing the Company to deliver +the required copies to the person or persons who request such copies. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (193 ) +Suspension of General Assembly's Resolution +1. Upon the request of shareholders holding not less than [5%] of the Company's capital, the +SCA may issue a resolution to suspend the enforcement of resolutions passed by the +General Assembly of the Company if they are detrimental to the shareholders, in favor of +a certain class of the shareholders or bring a special benefit to the Directors or to Third +Parties, whenever such request is considered well grounded. +2. Any request to suspend the implementation of resolutions of the General Assembly shall +not be admitted after three [3] business days of the issue date of such resolutions. +3. The stakeholders may file a lawsuit to invalidate such resolutions with the competent +court and shall forward a copy thereof to the SCA within five [5] days of the issuance date of the resolution suspending the enforcement of the resolutions of the General +Assembly; otherwise, the suspension shall be void ab initio. +4. The court shall hear the lawsuit that claims invalidity of the resolutions of the General +Assembly, and may order, as a matter of urgency, that the enforcement of the SCA's resolution be suspended upon the request of the opponent until a decision has been +rendered on the merits of the lawsuit. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (194 ) +No Election of Board of Directors or Appointment of Auditor +1. Subject to the provisions of Article 143 of this Decree Law, if the General Assembly of the +Company fails to pass a resolution on the election of Directors at two consecutive +Federal Decree Law No. (32) of 2021 on Commercial Companies 87 + meetings where the quorum is fulfilled, the SCA shall refer the matter to the chairman of +its board of directors, after consulting the Competent Authority and the entities +responsible for supervising the Company's activities in the State, for an interim board of +directors to be appointed for the Company for a term not exceeding one fiscal year. At the end of the fiscal year, the interim board of directors shall call the General Assembly +of the Company to elect Directors. If the General Assembly fails to elect Directors, the +SCA shall refer the matter to the chairman of its board of directors, after consulting the Competent Authority and the entities responsible for supervising the Company's +activities in the State, for an appropriate resolution to be passed for, inter alia, the +dissolution of the Company. +2. If the General Assembly of the Company fails to pass a resolution on the appointment of +its auditor at its annual meeting in accordance with the provisions of Articles [246] and +[245] of this Decree Law despite the presence of a quorum, the SCA may appoint an +auditor for the Company for one fiscal year and determine his fees. + +Chapter Four +Capital of Public Joint Stock Company"" +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (195 ) +Capital of Public Joint Stock Company +The mi nimum issued capital of a public joint stock company shall be at least thirty million +dirhams AED [30,000,000]. This limit may be amended under a resolution by the Cabinet +based upon the proposal of the chairman of the SCA's board of directors. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (196 ) +Capital Increase +1. Subject to the provisions of this Decree Law, the shareholders are required to approve – +under a special resolution – the issuance of every new shares for increasing the issued +capital. +2. Upon satisfying its full issued capital, the company may increase its issued capital under a +Federal Decree Law No. (32) of 2021 on Commercial Companies 88 + special resolution. The company's board of directors shall implement such a special +resolution within three [3] years of its issuance date; otherwise, the resolution shall be +deemed void ab initio with regard to the amount of increase not implemented during the +aforementioned period. +3. The resolution increasing the issued capital shall state the amount of increase and the +price of the new shares issued. +4. If the increase of the issued capital of the company includes in- kind contributions, the +provisions related to the valuation of in -kind contributions as contained in this Decree +Law shall apply. +5. The SCA shall issue a resolution determining the terms and controls for increasing the +issued capital of the company. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (197 ) +Methods of Capital Increase +The share capital of the Company may be increased by any of the following means: +1. Issue of new shares; +2. Capitalization of the reserve; or +3. Conversion of Company -issued bonds or Sukuk into shares. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (198 ) +Share Premium and Share Discount +1. Shares of capital increase of the company shall be issued at a nominal value equivalent to +that of the original shares. However, the company may, under a special resolution and +based upon the approval by the SCA, decide: +a. To add the value of a share premium to the nominal value of the share and +determine its value, if the market value exceeds the nominal value of the share, while +the share premium shall be added to the statutory reserve, even if it exceeds half of +the capital. +a. Grant and a share discount on the nominal value of the share and determine its value +Federal Decree Law No. (32) of 2021 on Commercial Companies 89 + in the event that the market value is lower than the nominal value of the share. +Against the share discount, a negative reserve in equity in the balance sheet shall be created and deducted from the future profits of the company before any dividends +are approved. +2. The Board shall be provided with a report from an independent financial adviser +approved by the SCA, in which it determines how to calculate the share premium or +share discount. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (199 ) +Rights Issue +1. Without prejudice to the provisions of Articles [225], [226], [227], [228], [231], [285] and +[299] of this Decree Law, the shareholders shall have priority to subscribe for newly +issued shares. Any provision to the contrary in the company's AOA or the resolution +increasing the issued capital shall be null and void. +2. The shareholder may sell the rights issue to any other shareholder or to a third party +against a financial consideration. The SCA's board of directors shall issue the resolution regulating the conditions and procedures for selling the rights issue. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (200 ) +Subscription For New Shares +1. Subscriptions for newly issued shares shall be governed by the same rules of subscription +for the original shares. +2. The board of directors shall publish a summary of the prospectus of the shares of rights +issue as approved by the SCA, in two local daily newspapers; one of which is published in Arabic, to give the shareholders notice of their priority to subscribe for newly issued +shares. + + +Federal Decree Law No. (32) of 2021 on Commercial Companies 90 + " +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (201 ) +Dist ribution of New Shares +1. New shares shall be distributed to the shareholders applying for subscription in +proportion to the shares held by them, provided that this proportion shall not exceed the +new shares they have applied for. +2. Subject to Article [199.2] hereof, the remaining shares shall be distributed to the +shareholders who have applied for shares more than the number of shares held by them. +Any remaining shares shall be offered for public subscription if so included in the capital +increase resolution, subject to the requirements of the SCA. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (202 ) +Capitalization of the Reserve +Under a special resolution, the reserve may be converted into capital through the issuance of +bonus shares to be distributed to the shareholders in proportion to their respective +shareholdings, or through an increase in the nominal value of the shares in proportion to the +increase in share capital. This, however, may not give rise to any financial burden on the shareholders. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (203 ) +Conversion of Sukuk or Bonds into Shares +The Bonds or Sukuk shall be converted into shares according to the terms of the prospectus as approved by the SCA. The approval of the Central Bank shall be obtained if the Company +is licensed thereby. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (204 ) +Capital Reduction +The Capital of the Company may not be reduced without the prior consent of the SCA and +the issuance of a Special Resolution after hearing the report of the auditor. The Capital may +Federal Decree Law No. (32) of 2021 on Commercial Companies 91 + be reduced in either of the following cases: +1. If it exceeds the needs of the Company; +7. If the Company has incur red a loss that cannot be recouped through future profits. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (205 ) +Methods of Capital Reduction +The Capital may be reduced by any of the following methods: +1. Reducing the nominal value of the shares, through either partially refunding their value +to the shareholders or relieving the shareholders of all or part of the outstanding share +price owed by them; +2. Reducing share value by writing off a part thereof equal to the loss incurred by the +Company; +3. Writing off a number of the shares equal to the proposed reduction; or +4. The purchase and subsequent cancelation of a number of shares equivalent to the +proposed reduction. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (206 ) +Capital Reduction Procedures +1. Upon reducing its capital by any method according to the provisions of this Decree Law, +the company shall adhere to the following: +a. The controls, conditions and procedures to be issued under a resolution of the SCA. +b. Publish the capital reduction resolution in accordance with the controls and +procedures determined by the SCA, so that the announcement includes the amount +of capital before and after the reduction, the value of each share and effective date of +the reduction. The creditors shall provide the company with the documents that +support their debts within thirty [30] days of the publication date of the +announcement of the capital reduction resolution. +2. If the capital is reduced through refunding part of the nominal value of the shares to the +shareholders or relieving them of the unpaid amount of the value of the shares or any +Federal Decree Law No. (32) of 2021 on Commercial Companies 92 + part thereof, such reduction may only be invoked vis -à-vis the creditors who submitted +their claims on the date described in Clause [1/B] of this Article if such creditors have +picked up their due debts or obtained the securities necessary for the repayment of the +debts not yet due. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (207 ) +Capital Increase or Reduction Resolution +The board of directors of the Company shall, within five [5] business days of the effective date of the resolution to increase or reduce its capital, have such resolution registered with +the SCA, the Competent Authority and the Registrar. + +Chapter Five +Shares, Bonds and Sukuk +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (208 ) +Shares -Related Rights +1. Unless otherwise provided for in this Decree Law, the rights attached to all shareholder +shares shall rank pari passu and the Company may not issue different classes of shares. +2. Notwithstan ding the provision of Clause [1] of this Article, the Cabinet may, based upon +the proposal of the chairman of the SCA, issue a resolution specifying other classes of shares and the conditions of their issuance, the rights and obligations attached to the +shares and the governing rules and procedures. +3. No shareholder may claim redemption of his capital contribution. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (209 ) +Nominal Value of Shares +1. Each share shall have a nominal value as specified in the AOA of the Company. +2. Shares may be issued against the payment of at least one quarter of their nominal value, +so that the remaining value balance thereof shall be paid not later than three [3] years of +Federal Decree Law No. (32) of 2021 on Commercial Companies 93 + the date on which the company is registered with the competent authority. +3. Subject to Clause [1] of this Article, the company may, under a special resolution and +subject to prior approval of the SCA, split the nominal value of share. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (210 ) +Nature of Shares +Shares shall be of a registered type, and no bearer shares may be issued. Shares shall also be +negotiable. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (211 ) +Disposition of Shares +The method and conditions for disposition of shares shall be determined in accordance with +the provisions of this Decree Law, the regulations and resolutions of the SCA and the AOA of +the Company. Disposition of shares may not reduce the shareholding percentage of UAE +nationals below the minimum limit described hereunder. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (212 ) +Pledge of Shares +Shares may be pledged by being delivered to the creditor or his representative after the applicable procedures have been satisfied. The pledgee shall be entitled to pick up the +profits and to exercise the rights attached to the share, unless otherwise agreed under the +pledge agreement. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (213 ) +Transfer of Title to Listed Shares +Title to Company's shares listed on any of the financial markets licensed in the State shall be transferred in accordance with the applicable procedures of the SCA and the financial +market on which such shares are listed. +Federal Decree Law No. (32) of 2021 on Commercial Companies 94 + " +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (214 ) +Transfer of Title to Unlisted Shares +1. Title to Company's shares that are not listed on the financial markets shall be transferred +by recording the transfer in a register held by the Company, and the same shall be +annotated on the share certificate. The transfer shall become effective vis -à-vis the +Company and third parties only of the date of being recorded in such register. +2. However, the Company may refrain from recording any share transfer transaction in the +following cases: +A. If such transfer is made in violation of the provisions of this Decree Law or its implementing resolutions or the AOA of the Company; +B. If the shares are pledged or attached by a court order; +C. If the share certificate has been lost and no shares have been issued by the company; +D. If the Company has any outstanding debt on the shares, the Company may suspend +the registration of share transfer unless its debt has been settled; and +E. If any of the contracting parties is lacking legal capacity, is incapacitated or has been +declared bankrupt or insolvent. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (215 ) +Transfer of Title to Shares by Inheritance, Will or Court Order +1. If title to a share is transferred by way of inheritance or will, the heir or legatee shall +request that the title transfer be recorded in the share register. +2. If the title transfer is effected under an enforceable court order, it shall be recorded in the +Share Register pursuant to such order. The transferee shall be able to exercise the rights +resulting from the transfer as of the date of registration. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (216 ) +Indivisibility of Shares +Every share shall be indivisible. However, if the title to a share is conferred upon several +Federal Decree Law No. (32) of 2021 on Commercial Companies 95 + heirs or if the share has multiple holders, they shall choose from among themselves a +representative vis -à-vis the Company. The holders shall be jointly liable for the obligations +arising from share title. If the holders fail to agree on a representative, any of them shall be entitled to recourse to the competent court for the appointment of such a representative. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (217 ) +Restrictions on Trading Founders' Shares +1. Founders' shares, whether in cash or in kind, may not be traded prior to the publication of +the balance sheet and the profit and loss account for at least two fiscal years of the date +of listing the Company on the financial market in the State or of the date of registration +of the Company in the commercial register maintained by the Competent Authority, in the case of companies exempted from listing. Such shares shall bear an annotation +indicating that they are founders' shares. The provisions of this Article shall apply to +shares subscribed for by founders in connection with a capital increase prior to the end +of the restriction period. +2. During the restriction period, such shares may be pledged or transferred by way of sale by +a founder to another founder or by the heirs of a founder [if deceased] to a third party or by the bankruptcy trustee of a founder to a third party or under a final judgment. +3. The board of directors of the SCA may issue a resolution to extend the restriction period +mentioned in Clause [1] of this Article for up to [3] further years. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (218 ) +Attachment of Shares +The company's property may not be attached on account of a shareholder's debt. However, +any shareholder's creditors may attach the shareholder's shares and their resulting profits, so +that the attachment shall be annotated in the Share Register and in the financial market on +which the Company's shares are listed. + +Federal Decree Law No. (32) of 2021 on Commercial Companies 96 + " +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (219 ) +Shareholder's Failure to Pay Outstanding Share Value +1. If a shareholder in a Joint Stock Company fails to pay any installment on his subscription +when it becomes due, the board of directors may notify the shareholder to pay the +outstanding installment by registered letter. If the shareholder fails to make payment +within [30] days, the Company may then sell the share at an open auction or according +to the resolutions of the SCA. +2. The Company shall satisfy from the sale proceeds the balance of overdue installments and +expenses as compensation for the delay, and shall pay the remaining amount to the +holder of the share. The Company shall have a right of recourse against the assets of the shareholder insofar as the Company's claims remain unsatisfied, and the shares shall be +recorded in the Share Register in the name of the purchaser. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (220 ) +Discharge of Shareholder +1. The Company may not relieve the shareholder from his obligation to pay the value of a +share, and such obligation may not be set off against any of the shareholder's rights owed by the Company. +2. Any creditors of the Company may file a lawsuit against the shareholder to compel +payment of the value of the share. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (221 ) +Treasury Shares +1. The company may not pledge its own shares or purchase such shares unless the purchase +is intended to reduce the issued capital or for the amortization of the shares. in which case, such shares shall not have a vote in the deliberations of the General Assembly nor a +profit share. +2. Notwithstanding the provision of Clause [1] of this Article, it shall be permissible for the +company that has been incorporated for at least two fiscal years to purchase – subject to +Federal Decree Law No. (32) of 2021 on Commercial Companies 97 + prior approval of the General Assembly – a percentage not exceeding [10%] of its shares +for the purpose of disposing of the same in any way, including transfer of ownership, in +accordance with the conditions, controls and procedures to be decided by the SCA. The +treasury shares may not be included in the quorum for meetings of the General Assembly, nor may they have a vote in deliberations of the General Assembly or a share +in the profit, unless they have been transferred or cancelled. In case such shares are +cancelled, the company capital shall be reduced by the number of cancelled shares. In this case, the reduction process shall not be subject to the provisions of Articles [206] +and [204] of this Decree Law. + +" +economy and business,Federal Decree Law No. (32) of 2021 on Commercial Companies,"Article (222 ) +Failure to Record Details in the Share Register +If the name of any person or the number of the shares held by such person is not entered in +the Company's shareholder register, or in case of any unjustified failure or delay to record +the fact that a person is no longer a shareholder, the aggrieved person or any shareholder of +the Company may request that the Company amend the particulars of the register, and the +Company may reject the request for amendment. In such case, the aggrieved person shall +then be entitled to resort to the courts. + +Article (223 ) +Shareholder's Rights +1. A shareholder in a Joint Stock Company shall have: +A. All rights attaching to the share, particularly the right to a share of the profits and assets of the Company upon liquidation and to attend meetings of the General Assembly and vote on its resolutions, all in accordance with the terms and conditions provided by this Decree Law and the AOA of the Company. +B. A right of access to the books and records of the Company and any documents +pertaining to any of the Company's deals made with a Related Party with permission +from the board of directors or pursuant to a resolution of the General Assembly or as +Federal Decree Law No. (32) of 2021 on Commercial Companies 98 + provided by the AOA of the Company. +2. The court may require the Company to provide specific information to a shareholder as +long as this does not conflict with the interests of the Company. +3. Any resolution of the board of directors or the General Assembly of the Company that +would prejudice a shareholder's rights under this Decree Law or the AOA of the +Company or increase his obligations shall be invalid. + +Article (224 ) +Financial Aid +1. It shall not be permitted for the company or any of its subsidiaries to provide financial aid +to any person to enable them to hold any securities issued by the company. Financial aid +shall, in particular, include the following: +a. Providing loans. +b. Providing gifts or donations. +c. Providing the assets of the company as a security. +d. Providing a security or guarantee for the obligations of a Third Party. +e. Using any of the company's reserves, funds or profits for settling any of the obligations +of such a person. +2. Financial aid shall not include any securities, undertakings or compensations provided by +the company to any underwriter during any offering of or subscription for the company's shares. +3. Notwithstanding the provisions of Clause [1] of this Article, it shall be permissible for +companies, which are licensed by the Central Bank to engage in financing business, to +provide loans to any person to enable them to hold any securities issued by such +companies. This shall be on condition that the loans it grants do not contain any preferential conditions not granted to its other clients, and without contradicting the +Central Bank's applicable legislation and regulations. + + +Federal Decree Law No. (32) of 2021 on Commercial Companies 99 + Article (225 ) +Strategic Partner's Contribution +1. Notwithstanding the provisions of Articles [197, 199, 200 and 201] of this Decree Law, +the Company may, under a special resolution, increase its Capital by bringing in a +Strategic Partner. The board of directors of the SCA shall pass a resolution setting out the +conditions and procedures for adding the Strategic Partner as a shareholder of the +Company. +2. The board of directors of the Company shall present to the General Assembly a study on +how the Company would stand to benefit by bringing in the Strategic Partner as a +shareholder in the Company. +3. The SCA and the Competent Authority shall reject the Strategic Partner's contribution to +the Company if such contribution would contravene the laws or regulations of the State +or adversely affect the public interest. + +Article (226 ) +Conditions of Strategic Partner's Contribution +1. Within three months of the date of the resolution to include a strategic partner as a +shareholder of the company, the company's board of directors shall offer the shares to the +strategic partner, subject to any conditions or controls set forth by the SCA in this regard. +2. If the board of directors fails to offer the new shares to the strategic partner within the +three -month period as set forth in Clause [1] of this Article or if the strategic partner fails to +subscribe to such shares within a period not exceeding thirty [30] days of the date such +shares were offered to the partner, the resolution by the General Assembly to increase the +capital of the company to enter a strategic partner shall be deemed void ab initio. + + +Federal Decree Law No. (32) of 2021 on Commercial Companies 100 + Article (227 ) +Capitalization of Cash Debts +1. Notwithstanding the provisions of Articles [197, 199, 200 and 201] of this Decree Law, +the Company may, under a special resolution, increase its Capital through the +capitalization of its cash debit. +2. The board of directors of the Company shall present to the General Assembly a study on +the necessity to capitalize on such cash debits. +3. Cash debits under this Decree Law are debits payable to the Federal Government, Local +Governments, public authorities and corporations in the State, and banks and finance +companies. +4. The board of directors of the SCA shall issue a resolution on the procedure and the +conditions of capitalization of cash debits. + +Article (228 ) +Share Incentive Schemes for Company Employees +1. Notwithstanding the provisions of Articles [201, 200, 199 and 197] of this Decree Law, +the Company may by Special Resolution increase its Capital in order to implement a +share incentive scheme for its employees. +2. The board of directors of the Company shall present the employee share incentive scheme +to the General Assembly. +3. Company Directors are not allowed to participate in the employee share incentive +scheme. +4. The board of directors of the SCA shall issue a resolution on the mechanism and the +conditions of implementation of the employee share incentive scheme. + +Article (229 ) +Share Certificates +1. Unless, after its incorporation, the company has listed its shares on any of the financial +markets in the State, the board of directors shall, within three months of the date of +Federal Decree Law No. (32) of 2021 on Commercial Companies 101 + registration of the company in the Commercial Register with the Competent Authority, +issue share certificates instead of notifications of share allotment. +2. Share certificates shall be signed by at least two directors, stating the name of the +shareholder, the number of the shares subscribed to them, the method of payment for the shares' value, the amount paid of such value, the date of payment, the serial number +of the certificate, the numbers of the shares held by the shareholder, the issued capital of +the company, the headquarters and the term of the company and the date of the resolution authorizing the incorporation of the company. Such certificates shall +substitute the shares. The share certificates may be issued, signed and kept electronically +in accordance with the controls issued by the SCA in this regard. +3. If the value of the share is to be paid in instalments, the obligation of the company to +deliver the share certificate shall be deferred until the value of the shares has been paid +in full. It shall not be permitted for shares that represent the in -kind contributions to be +delivered until the ownership of such in -kind contributions has been transferred to the +company. + +Article (230 ) +Loss or Destruction of Shares, Bonds or Sukuk Certificates +1. If a share, bond or Sukuk certificate is lost or destroyed, the holder of the certificate in +whose name the shares, bonds, or Sukuk are registered may request a new certificate in lieu of the lost or destroyed certificate. The owner shall publish the reference numbers of +the lost or destroyed certificates and their quantity in two daily local newspapers, one of +which is published in Arabic. +2. If no opposition is filed with the Company within 30 days after publication, the Company +shall issue to the holder of the former certificate a new certificate stating that it is in lieu +of the lost or destroyed certificate. The new certificate shall grant its holder all rights and +impose on him all obligations as were associated with the lost or destroyed certificate. + + +Federal Decree Law No. (32) of 2021 on Commercial Companies 102 + Article (231 ) +Issuance of Bonds or Sukuk +1. It shall be permissible for the company – based upon prior approval of the SCA – to issue +negotiable bonds or Sukuk that are either convertible or non -convertible into shares in +the company with equivalent values per each issue. +2. The bond or Sukuk shall remain of a registered type until its value is paid in full. +3. It shall not be permitted for bonds or Sukuk to be converted into shares unless the +prospectus or issuance terms so provide. If conversion is decided for bonds or Sukuk +which are not obliged to be converted into shares, the holder of the bond or Sukuk alone +shall have the right to accept the conversion or to collect the nominal value of the bond or Sukuk. +4. Notwithstanding the provisions of Articles [196], [199], [200] and [201] of this Decree +Law, it shall be permissible for the company – subject to the special resolution +approving the issuing of bonds or Sukuk that are convertible into shares – to increase its +capital by converting such bonds or Sukuk into capital shares. + +Article (232 ) +Bonds / Sukuk Issuance Conditions +1. The bonds or Sukuk or any other debt instruments shall be issued only based upon a +special resolution by the General Assembly of the company. The company may delegate the board of directors to determine the date of issuing the bonds or Sukuk. +2. The SCA shall issue a resolution to determine the conditions, controls and procedures of +issuing the bonds, Sukuk or any other debt instruments. + +Article (233 ) +Capital Increase or Reduction after Issuance of Bonds or Sukuk +Once a Special Resolution to issue convertible bonds or Sukuk has been passed, the Company may not, before the bonds or Sukuk are converted or paid for, reduce its Capital or +increase the minimum dividends decided to paid to shareholders. Where a capital reduction +Federal Decree Law No. (32) of 2021 on Commercial Companies 103 + is done on account of loss through the cancellation of shares or reduction of their nominal +value, the Capital shall be reduced, as if the bondholders were shareholders. + +Article (234 ) +Profits of Bonds or Sukuk upon Conversion into Shares +Shares received by the holders of bonds or Sukuk that have been converted into shares in +the capital of the company shall have a share in the profits to be distributed for the fiscal +year during which the conversion took place, unless the prospectus or issuance terms of +such bonds or Sukuk provide otherwise. + +Article (235 ) +Maturity Date of Bonds and Sukuk +The Company may not advance or defer the maturity date of bonds or Sukuk unless +otherwise provided for in the resolution to issue the bonds or Sukuk and the prospectus. +However, if the Company is dissolved for any reason other than merger, the holders of bonds and Sukuk may request to redeem their bonds or Sukuk before their maturity date. +The Company may also give them this option. Either way, once they are redeemed, interest +shall not be payable over the remaining period of the loan. + +Article (236 ) +Rights of Bond and Sukuk Holders +The rights of holders of Company -issued bonds and Sukuk, which are not offered for public +subscription, shall be set out in the agreement creating such bonds and Sukuk. Such +agreement shall also include the procedure to be followed by the holders of bonds and +Sukuk when holding meetings and appointing committees, voting rights and all the other +related issues as well as the rules of their conversion into shares of Company stock if they +are convertible .The SCA may issue a resolution governing the rights of the holders of bonds and Sukuk. +Federal Decree Law No. (32) of 2021 on Commercial Companies 104 + Chapter Six +Finance of Public Joint Stock Company +Article (237 ) +Preparation of Fiscal Year's Accounts +1. The board of directors of each Joint Stock Company shall prepare accounts for each fiscal +year that include a balance sheet as at the data of the last day of the fiscal year and a +profit and loss account. +2. The accounts of the Company shall be prepared in accordance with the international +accounting practices and standards. The accounts shall give a true and fair view of the profits or losses of the Company for the fiscal year and its affairs as at the end of the +fiscal year and shall comply with any other requirements in this Decree Law and the +relevant resolutions of the SCA. +3. Financial statements shall be approved by being signed by the Directors or by the +chairman and the auditor. + +Article (238 ) +Auditing of Fiscal Year's Accounts +1. The auditor shall audit and prepare a report on the accounts for the fiscal year of the +Company. The accounts shall be approved by the board of directors and presented to the +General Assembly together with the auditor's report, within four [4] months of the end +of each fiscal year of the Company. +2. The Company shall provide the SCA and the Competent Authority with a copy of the +accounts and the auditor's report within 7 days of the date of convening the General +Assembly in which the accounts and the auditor's report were submitted. + +Article (239 ) +Accounting Practices and Standards +The companies shall apply international accounting practices and standards when preparing +Federal Decree Law No. (32) of 2021 on Commercial Companies 105 + their periodic and annual accounts and determining dividends. + +Article (240 ) +Publication of Annual Financial Statements +The annual financial statements of the company shall be published according to the controls +determined by the SCA and a copy thereof shall be deposited with both the SCA and +Competent Authority. + +Article (241 ) +Statutory Reserve +1. [10%] of the net profits of the Company shall be deducted each year and set aside to form +a statutory reserve, unless the AOA of the Company provides for a higher percentage. +2. The General Assembly may stop such deductions when the statutory reserve reaches 50% +of the paid up capital of the Company, unless its AOA provides for a higher percentage. +3. The statutory reserve may not be disbursed as dividends to the shareholders. However, +reserves that exceed 50% of the Capital may be distributed as dividends in years in +which the Company does not have sufficient net profits available for distribution at the +percentage stated in the AOA. + +Article (242 ) +Voluntary Reserve +The AOA of a Joint Stock Company may provide for the allocation of a certain percentage of +net profits to create a voluntary reserve to be allocated for the purposes provided in the +AOA. The voluntary reserve may not be used for other purposes except pursuant to a +resolution of the General Assembly of the Company. + + + +Federal Decree Law No. (32) of 2021 on Commercial Companies 106 + Article (243 ) +Distribution of Profits +1. The General Assembly of the Company shall determine the percentage of net profits to be +distributed to the shareholders after deducting the statutory reserve and the voluntary +reserve. +2. A shareholder shall be entitled to his share of the profits in accordance with the guidelines +laid down in a resolution of the SCA. +3. Subject to Clause [1] of this Article, the AOA of the Company may provide for the +distribution of annual, semiannual or quarterly profits. + +Article 244 Corporate Social Responsibility +1. Subject to prior approval of the SCA, the company may, under a special resolution, decide +to allocate a portion of its annual profits or cumulative profits for CSR purposes. +2. The company shall disclose, on its website at the end of the fiscal year, whether or not it +has performed its CSR duties. +3. The auditor's report as well as annual financial statements of the company shall indicate +the entity or entities benefitting from its CSR contributions. + +Chapter Seven +Auditors of Public Joint Stock Companies +Article (245 ) +Appointment of the Company's Auditor +1. Every public joint stock company shall have one or more auditors to be nominated by the +board of directors and approved by the General Assembly. +2. The General Assembly shall appoint an auditing firm for a renewable one -year term, and it +shall not be permitted for the board of directors of the company to be delegated in this +respect. This shall be on condition that the auditing firm does not carry out the auditing in the company for more than six [6] consecutive fiscal years of the date it took over the +auditing in the company. In this case, the partner responsible for the auditing in the +Federal Decree Law No. (32) of 2021 on Commercial Companies 107 + company is required to be changed at the end of three [3] fiscal years. It shall be +permissible for this auditing firm to be reappointed after the passage of at least two [2] +fiscal years from the expiry date of its term of appointment. The founders of the +company may, at the time of incorporation, appoint one or more auditing firms as approved by the SCA to perform its duties until the General Assembly's duties for the +first fiscal year are completed. +3. The General Assembly shall determine the remuneration of the auditor, and it shall not be +permitted for the board of directors to be delegated in this respect, so that such fees are +indicated in the company's accounts. + +Article (246 ) +Conditions Applicable to Auditors +The board of directors of the SCA shall pass a resolution determining the controls for +approving auditors for Public Joint Stock Companies. In particular, the auditor shall meet the +following criteria: +1. He shall be licensed to practice auditing in the State and shall have at least 5 years of +experience in auditing Joint Stock Companies; +2. He shall be a certified auditor registered with the SCA; +3. He shall not be serving as both auditor and a partner of the company, nor may serve as a +Director or in any technical, administrative or executive capacity with the Company; +4. He shall not be a partner, agent, or second degree relative of any of the founders or +Directors of the Company. +5. He shall be an accredited auditor listed with the Central Bank if the Company is licensed +thereby. +6. He shall provide to the SCA a professional security if required by the SCA. + +Article (247 ) +Issuance of Auditor's Report +1. Subject to the provisions of the federal law regulating the audit profession, as amended, +Federal Decree Law No. (32) of 2021 on Commercial Companies 108 + the auditor shall issue a report on the accounts audited by him. If the Company has more +than one auditor, they shall assign the duties among themselves in order that each may +submit a separate report based on his specific duties. The auditors shall then submit a +common report for which they shall be jointly liable. Each auditor shall state his name on the report and shall sign it. +2. The report shall indicate whether the accounts have been prepared in accordance with +the provisions of this Decree Law and whether they give a fair view of the financial position of the Company. + +Article (248 ) +Duties of Company's Auditor +1. The auditor shall audit the accounts of the Company, inspect the balance sheet and the +profit and loss account, review the Company's transactions with the Concerned Parties, +and ensure the application of the provisions of this Decree Law and the AOA of the +Company. The auditor shall submit a report on the result of such inspection to the +General Assembly and forward a copy to the SCA and the Competent Authority. +2. When preparing his report, the auditor shall verify the following: +A. The accuracy of the accounting records kept by the Company. +B. The extent of conformity of Company records with accounting records. +3. The auditor may review all the records, paperwork and other documents of the Company. +The auditor may require clarifications as he may deem necessary to perform his duties. +The auditor may also verify the assets, rights and obligations of the Company. +4. If no facilities are extended to the auditor to enable him to fulfill his responsibilities, the +auditor shall note this in his report to the board of directors. If the board of directors fails to facilitate the auditing process, the auditor shall send a copy of the report to the SCA. +5. A subsidiary and its auditor shall provide such information and clarifications as requested +by the auditor of the holding company for the purposes of the audit. + + +Federal Decree Law No. (32) of 2021 on Commercial Companies 109 + Article (249 ) +Confidentiality of Company's Information +The auditor shall keep confidential all Company information that comes to his possession in +the course of performing his responsibilities for the Company. The auditor shall not disclose +such information to third parties or to the shareholders other than during the General +Assembly, failing which, the auditor shall be dismissed, without prejudice to any civil or +criminal liability. + +Article (250 ) +Securities Trading Prohibition Applicable to Auditor +The auditor and his staff may not purchase Securities of the Company which he audits, sell +such Securities directly or indirectly, or provide consultation to any person on such +Securities, failing which, the auditor shall be dismissed, without prejudice to any civil or +criminal liability. + +Article (251 ) +Notice of Offences and Violations +1. The auditor shall notify the SCA of any violations of the provisions of this Decree Law or +any violations which constitute a criminal offence, detected in the course of performing his duties for the Company, within 10 [ten] days of detecting the violation. +2. If the auditor fails to comply with Clause [1] of this Article, the SCA may suspend the +auditor from auditing Public Joint Stock Companies for up to a year or revoke his registration with the SCA, or refer him to the Public Prosecution if necessary. In all cases, the Ministry and the Competent Authority shall be notified accordingly. + +Article (251 ) +Contents of the Auditor's Report +The auditor shall read out his report at the General Assembly Meeting in which the +Federal Decree Law No. (32) of 2021 on Commercial Companies 110 + Company's balance sheet is considered. The report shall state whether the auditor has +reviewed the information he deems necessary for the satisfactory performance of his duties +and that the accounts were prepared in accordance with this Decree Law and reflect, in +particular, the following: +9. The position of the Company at the end of the fiscal year, particularly its balance sheet; +9. The profit and loss account; +9. The fact that the Company keeps regular accounts; +9. Whether the Company has purchased any stake or shares during the fiscal year; +9. The fact that the information contained in the board of Director's report is identical to the books and records of the Company; +9. Deals giving rise to conflicts of interest and the Company's financial transactions with any of the Concerned Parties and the procedures taken in that respect; +9. Whether, to extent of the information made available to the auditor, there were any violations of this Decree Law or the AOA during the fiscal year that would impact the activity or financial position of the Company, whether those violations still exist, and +whether the Company was subject to any penalties as a result; +9. Whether the Company was subject to any penalties due to violations of this Decree Law +or the AOA of the Company during the fiscal year just ended and whether such +violations still exist; and +9. With respect to the accounts of a group, the financial position shall be described by the +auditor at the end of the fiscal year and the profit and loss account of the holding +company and its subsidiaries, including the consolidated statements as a whole as they +relate to the related parties in the holding company. + +Article (253 ) +Removal of Auditor +1. The Company may, under a resolution of the General Assembly, remove the auditor. +2. The chairman shall notify the SCA of the resolution dismissing the auditor and the reasons +for such dismissal, within 7 [seven] days of the resolution to dismiss. +Federal Decree Law No. (32) of 2021 on Commercial Companies 111 + Article (254 ) +Resignation of Auditor +1. The auditor may resign during his term of office by serving a written notice upon the +Company and the SCA. Such notice shall terminate his audit mandate with the Company +as of the date when the notice is given or any later date stated in the notice. +2. An auditor that resigns for any reason shall file with the Company and the SCA a +statement giving reasons for his resignation. The Company's board of directors shall call the General Assembly to convene within 10 [ten] days of the date of resignation to +consider the reasons for resignation and to appoint another auditor and determine his +fees. + +Article (255 ) +Liability of Auditor +The auditor shall be liable vis -à-vis the Company for his audit and the accuracy of the +information in his report and for damages suffered by the Company due to acts performed by the auditor during the course of his duties. If there is more than one auditor, each of them +shall be liable for his own fault that caused the damage. + +Article (256 ) +Liability Lawsuit against Auditor +A liability lawsuit instituted against the Company's auditor shall be time barred upon the lapse of one year of the date of the General Assembly Meeting at which the auditor's report +was read. However, if the act attributed to the auditor is a criminal offence, the liability +lawsuit shall lapse only when the criminal case lapses. + + + + +Federal Decree Law No. (32) of 2021 on Commercial Companies 112 + Part Five +Private Joint Stock Companies +Article (257 ) +Incorporation of Private Joint Stock Company +1. A private joint stock company is a company where the number of the shareholders is at +least two. The capital of the company shall be divided into shares with the same nominal +value, to be paid in full without offering any shares for public offering. This shall be by +signing the MOA and complying with the provisions of this Decree Law in connection with registration and incorporation. A shareholder in the company shall be liable only to +the extent of their share in the company's capital. +2. Notwithstanding the minimum limit of the number of shareholders as set forth in Clause +[1] of this Article, it shall be permissible for a legal person to incorporate and hold a +private joint stock company. The holder of the company's capital shall only be liable for +its obligations to the extent of the capital of the company as set out in its MOA. The +name of the company shall be followed by the phrase ""Private Joint Stock – One Person +Company (OPC)"". The provisions of the private joint stock company as set forth in this +Decree Law shall apply to this legal person, to the extent that does not conflict with the +nature of such company. The Minister shall issue a resolution on the procedures of +incorporation and management of the One Person Company (OPC) private joint stock +company consistent with its nature. + +Article (258 ) +Capital +1. The issued Capital of the Company shall not be less than [AED 5,000,000] five million +dirhams and shall be paid in full. Such limit may be amended by a resolution of the +Cabinet based upon the proposal of the Minister. +2. Private Joint Stock Companies existing and registered with the Ministry prior to the date of +entry into force of this Decree Law shall be excluded from the minimum Capital set out +under Clause [1] of this Article. +Federal Decree Law No. (32) of 2021 on Commercial Companies 113 + Article (259 ) +Founders Committee +1. The founders shall choose from among themselves a committee consisting of at least two +members to complete the company incorporation procedures and registration with the +competent bodies. It shall be fully liable for the accuracy, validity and completion of all +the documents, studies and reports provided to the relevant authorities in connection with the incorporation, licensing, registration and recording process of the company. In +the event of One Person Company (OPC), the founder shall act as the committee. +2. It shall be permissible for the Founders Committee to delegate one of its members or a +third party to monitor and complete the incorporation procedures with the Ministry and +the Competent Authority according to the controls established by the Ministry in this +respect. + +Article (260 ) +Submission of Incorporation Application to the Competent Authority +1. The Founders Committee shall submit the incorporation application to the Competent +Authority, together with the MOA and AOA of the Company, the economic feasibility +study for the venture to be set up by the Company and the proposed timetable for execution. +2. The Competent Authority shall consider the incorporation application and issue an initial +approval or rejection of the application. The Competent Authority shall notify the Founders Committee within 10 [ten] Business days after filing a complete application or +filing the required documents or particulars. If the Competent Authority does not issue +an initial approval by the above deadline, then the incorporation application shall be +deemed rejected. +3. The Founders Committee may appeal, before the competent court, against the Competent +Authority's decision rejecting the application, within thirty [30] business days of the date +of being notified of the rejection decision or, if no decision has been issued, of the expiry +date of the deadline under Clause [2] of this Article. +Federal Decree Law No. (32) of 2021 on Commercial Companies 114 + Article (261 ) +Submission of Incorporation Application to the Ministry +1. An incorporation application shall be filed with the Ministry, together with the Competent +Authority's initial approval and the Company's MOA and AOA, the economic feasibility +study for the venture to be set up by the Company, the proposed timetable for execution, +and any approvals of the relevant authorities in relation to the application, according to the applicable requirements of the Ministry. +2. The Ministry shall consider the incorporation application and notify the Founders +Committee of its observations on the application and its supporting documents within +10 [ten] business days of the date of filing the application or of the date of filing an +assessment of the in -kind contributions, if any. The Founders Committee shall complete +any deficiencies or make such amendments as the SCA may deem necessary to complete the incorporation application, within 10 [ten] Business days of the date of the notice, +failing which the Ministry shall consider this as a waiver of the incorporation application. +3. The Ministry shall send a copy of the application and its supporting documents to the +Competent Authority within five [5] Business days of the date of filing a complete +submission in order to be considered. The Ministry shall meet with the Competent +Authority within five [5] Business days after sending a copy of the application to the +Competent Authority. If the Competent Authority has any observations, the Ministry +shall notify the Founders Committee which then has five [5] Business days to complete +any deficiencies or make such amendments as the Competent Authority may require to +complete the incorporation application, failing which the Ministry may consider this as a +waiver of the incorporation application. +4. Following the Ministry's approval, the Competent Authority shall issue a resolution to +grant the license. + +Article (262 ) +Share Register Secretariat +1. Private Joint Stock Companies shall maintain a register showing the names of the +Federal Decree Law No. (32) of 2021 on Commercial Companies 115 + shareholders, number of shares held by each shareholder and any transactions on the +shares. The register shall be delivered to the Share Register Secretariat. +2. The SCA shall, in coordination with the Ministry, issue a resolution to regulate, supervise +and monitor the work of the Share Register Secretariat. + +Article (263 ) +Certificate of Incorporation +1. The Founders Committee, or its representative, shall apply to the Ministry for an +incorporation certificate to be issued to the Company. The application shall be +accompanied by the following documents: +A. A bank certificate confirming that the issued Capital of the Company has been +deposited; +B. The attested MOA and AOA of the Company; +C. A copy of the resolution of the Competent Authority granting initial approval for a +license; +D. A statement listing the names of the Directors of the Company and a written +declaration on their part attesting to the fact that their membership does not conflict +with the provisions of this Decree Law and the resolutions issued in implementation hereof; +E. A statement listing the names of the members of the Internal Sharia Supervisory Committee and the Sharia Controller if the Company conducts its business in +compliance with the rules of Islamic Sharia; +F. A certificate confirming that the register of shareholders has been delivered to the +Share Register Secretariat; and +G. Any other documents as required by the Ministry. +2. Once all the documents listed in Clause 1 of this Article have been provided, the Ministry +shall issue a certificate of incorporation for the Company within 2 [two] Business days of the date of filing a complete submission. +3. The Company's registration with the Ministry shall be published in accordance with the +Federal Decree Law No. (32) of 2021 on Commercial Companies 116 + guidelines laid down by the Minister, at the Company's expense. + +Article (264 ) +Business License of the Company +1. The board of directors of the Company shall, within five [5] business days of the date of +an incorporation certificate being issued by the Ministry, commence the process of +registering the company with the Competent Authority. +2. The Competent Authority shall record the Company in the commercial register and issue a +business license for the Company within 3 [three] business days of the date of +completion of the documents and payment of the fees. + +Article (265 ) +Transfer of Shares +1. Title to shares shall be transferred by recording the transfer with the Share Register +Secretariat. Such transfer shall be invoked vis -à-vis the Company or third parties only of +the date of such registration with the Share Register Secretariat. +2. A private joint stock Company may not register any transfer of its shares other than with +the Share Register Secretariat. +3. The Share Register Secretariat may decline to register a transfer of shares in any of the +circumstances provided under Article [214.2] of this Decree Law. + +Article (266 ) +Restrictions on Transfer of Shares +1. Shares of a private joint stock Company may only be transferred after the publication of +the balance sheet and profit and loss account for at least one fiscal year of the date of +registration of the Company in the commercial register maintained by the Competent +Authority. The provisions of this Article shall apply in connection with a capital increase +prior to the end of the restriction period. +Federal Decree Law No. (32) of 2021 on Commercial Companies 117 + 2. During the restriction period, such shares may be pledged or transferred by way of sale by +a shareholder to another shareholder or by the heirs of a shareholder [if deceased] to a +third party or by the bankruptcy trustee of a shareholder to a third party or under a final +judgment. +3. The Minister may issue a resolution to extend or reduce the restriction period mentioned +in Clause 1 of this Article such that it is between six [6] months to two [2] years. + +Article (267 ) +Application of the Provisions Governing the Public Joint Stock Company +Save for the provisions on public subscription, and in respect of matters not specifically +provided herein, all the provisions of this Decree Law concerning Public Joint Stock +Company shall apply to the Private Joint Stock Company, and the term ""Ministry"" shall +replace the term ""SCA"" wherever mentioned. + +Part Six +Holding and Subsidiaries Companies and Mutual Funds +Chapter One +Holding Companies +Article (268 ) +Definition of the Holding Company +1. A holding company is a Joint Stock Company or a Limited Liability Company that sets up +subsidiaries in the State or abroad or controls existing companies, by holding shares or +equity stake enough to enable it to control the management of the Company or +influence its resolutions. +2. The name of the Company followed by the words ""holding company"" shall appear on all +stationary, notices and other documents of the holding company. + + +Federal Decree Law No. (32) of 2021 on Commercial Companies 118 + Article (269 ) +Objects of the Company +1. The objects of a holding company shall be limited to the following: +A. To hold shares or equity stake in Joint Stock Companies and Limited Liability +Companies; +B. To provide loans, guarantees and finance to its subsidiaries; +C. To acquire real estate and movable assets for its activities and operations; +D. To manage its subsidiaries; and +E. To acquire intellectual property rights from patents, trademarks, industrial drawings +and designs or franchise rights, and to lease the same out to its subsidiaries or to other companies. +2. Holding Companies may only conduct their activities through their subsidiaries. + +Article (270 ) +Accounting Records to be Kept by Subsidiaries +A holding company shall take appropriate measures to ensure that subsidiaries maintain adequate accounting records to enable the Directors or the board of directors of the holding +company to verify that the financial statements and the profit and loss account comply with +this Decree Law. + +Article (271 ) +Subsidiary +1. A Company shall be classified as a subsidiary of a holding company under any of the +following conditions: +A. If the holding company holds a controlling interest in the Capital of the Company +and controls the composition of its board of directors; or +B. If the Company is a subsidiary of a subsidiary of the holding company. +2. A subsidiary may not hold shares in its own holding company. Any allotment or transfer +of any shares in a holding company to any of its subsidiaries shall be null and void. +Federal Decree Law No. (32) of 2021 on Commercial Companies 119 + 3. If a Company that holds shares or equity stake in a holding company becomes a +subsidiary of such holding company, such Company shall continue to be a shareholder +in the holding company, provided that: +A. The subsidiary shall no longer have voting rights at meetings of the board of +directors of the holding company or at meetings of its General Assembly; and +B. The subsidiary shall dispose of its shares in the holding company within 12 [twelve] +months of the date of acquisition of the subsidiary by the holding company. + +Article (272 ) +Fiscal Year of the Holding Company +The holding company shall, at the end of every fiscal year, prepare a consolidated balance +sheet, profit and loss account, and cash flow statement for the holding company and all its +subsidiaries and shall present a balance sheet, profit and loss account and cash flow +statement to the General Assembly, together with relevant notes and information, in accordance with the internationally accepted accounting and auditing practices and +standards. + +Chapter Two +Mutual Funds +Article (273 ) +Establishment of Mutual funds +1. Mutual funds shall be established in accordance with the terms and conditions set out in a +resolution of the SCA. +2. Mutual fund licenses issued by the Central Bank prior the effective date of this Decree +Law shall be exempt from Clause [1] of this Article. + + + +Federal Decree Law No. (32) of 2021 on Commercial Companies 120 + Article (274 ) +Legal Personality of the Fund +The mutual fund shall have its own legal personality, legal form and independent financial +liability. + +Part Seven +Conversion, Merger, Divestiture and Acquisition of Companies"" +Chapter One +Conversion of Companies +Article (275 ) +The Principle of Conversion +Any Company may be converted from any legal form into another, provided that its legal +personality is maintained, in accordance with the provisions of this Decree Law and the +regulations and resolutions regulating the conversion of companies, as issued by the +Ministry or the SCA within their respective areas of competence, in coordination with the +Competent Authority. + +Article (276 ) +Conversion of a Company into any other Legal Form +1. Subject to the provisions of Article [299] of this Decree Law, a Public Joint Stock Company +may be converted into a Private Joint Stock Company subject to the following conditions: +A. The approval of the joint committee set up by resolution of the Minister among the Ministry of Economy, the Securities & Commodities Authority and the Competent +Authority, to consider the application for conversion to a Private Joint Stock +Company; +B. The completion of five [5] audited fiscal years of the date of registration in the +commercial register as a Public Joint Stock Company. After filing an application for +Federal Decree Law No. (32) of 2021 on Commercial Companies 121 + conversion into a Private Joint Stock Company, the Company may not file an +application for converting back into a Public Joint Stock Company except after the +completion of 5 audited fiscal years of the date of registration in the commercial +register as a Private Joint Stock Company; and +C. A Special Resolution of the General Assembly approving the conversion by the +majority vote of shares representing 90% of the Capital of the Company. +2. Save for Public Joint Stock Companies, a Company may convert into a General +Partnership, a Limited Partnership, a Limited Liability Company or a Private Joint Stock +Company subject to the following conditions: +A. A duly passed resolution to amend the MOA and AOA of the Company. +B. The completion of at least 2 audited fiscal years of the Company of the date of its +registration in the commercial register. +C. Unanimous consent of the shareholders if the application is for conversion into a Joint Liability Company. +D. Completion of the applicable incorporation and registration process for the proposed +conversion. + +Article (277 ) +Conversion into a Public Joint Stock Company +Subject to the provisions of Article [275] of this Decree Law, the following conditions apply +for conversion into a Public Joint Stock Company: +1. The issued shares or equity stake shall be fully paid up or the partners shall have fully +paid up their shares; +2. The completion of at least two [2] fiscal years; +3. A Special Resolution or any similar act to convert the Company into a Public Joint Stock Company. +4. Any other conditions set out under a resolution of the board of directors of the SCA. + + +Federal Decree Law No. (32) of 2021 on Commercial Companies 122 + Article (278 ) +Supporting Documents for Conversion into a Public Joint Stock Company +1. Any Company may be converted into a Public Joint Stock Company, based on an +application filed using the SCA's standard form and signed by the authorized signatory of +the Company. +2. The following documents shall be attached to the application: +A. Amended MOA and AOA of the Company; +B. A resolution of the General Assembly or an equivalent body of the Company in question to be passed by the majority required to amend the MOA or AOA of the +Company, approving any required Capital increase and the Company's conversion into a Public Joint Stock Company. A resolution of the partners or shareholders on +conversion shall include any changes in the MOA or AOA of the Company, as +necessary, including the name of the Company; +C. Approval of the Ministry and the Competent Authority for the conversion of the +Company into a Public Joint Stock Company; +D. A balance sheet of the Company prepared as at a date not more than six [6] months +before the date of the application for conversion, in addition to a copy of an +unqualified report by the Company's auditors on that balance sheet; +E. A written statement by the Company's auditors that, in their opinion, at the balance +sheet date, the amount of the Company's net assets was not less than the aggregate +of its called -up Capital and undistributable reserves. +F. A valuation of the in- kind contributions of the Company, prepared in accordance +with the provisions of Article [118] of this Decree Law. +G. A declaration by a manager or the board of directors, as the case may be, confirming that: +a. A resolution of the General Assembly of the Company or similar body approving the +conversion has been passed and that all the other requirements of this Decree Law +have been met; and +b. Between the balance sheet date and the date of the application for conversion, there +Federal Decree Law No. (32) of 2021 on Commercial Companies 123 + has been no material change in the financial position of the Company; and +H. Any other documents as required by the SCA for conversion. + +Article (279 ) +Announcement of the Conversion Resolution +1. The Company shall announce the conversion resolution in two daily newspapers issued +in the State; one of which is published in Arabic, within five [5] days of the date of the +conversion resolution, and shall notify the shareholders or the partners and the creditors +by registered letter. +2. The announcement and the notice to the shareholders/ partners and the creditors as per +Clause [1] of this Article shall include a statement confirming that the Company's creditors and the holders of bonds and Sukuk, as well as any interested shareholders or +partners, shall have the right to oppose the conversion at the headquarters of the +Company. + +Article (280 ) +Objection to the Conversion Resolution +1. A partner or shareholder that opposes the conversion resolution may withdraw from the +Company and redeem the value of his equity stake or shares, by making an application in writing to the Company within fifteen [15] days after publication of the conversion +resolution. The value of the shares or equity stake shall be paid according to their market +or book value at the date of conversion, whichever is higher. +2. The shareholders/ partners, the creditors of the Company and the holders of bonds and +Sukuk and any interested parties shall have the right to file an opposition with the Company within thirty [30] days after receiving notice of the conversion resolution and +forward a copy of the opposition to the Ministry or the SCA, as applicable, and the +Competent Authority, stating the subject matter and grounds of opposition and +particularizing the damage allegedly suffered by the opposing party due to the +conversion. +Federal Decree Law No. (32) of 2021 on Commercial Companies 124 + 3. If, for any reason whatsoever, the Company fails to resolve the opposition within thirty +[30] days of delivery of a copy of the opposition to the Ministry or the SCA, as applicable, +and the Competent Authority, the opposing party shall have recourse to the competent +court. +4. The conversion resolution shall remain suspended until the opposition is waived or is +rejected by final judgment of the court or the Company settles the debt if due or provides +sufficient security for payment of the debt if deferred. +5. Failure to oppose the conversion resolution within the time limit provided under Clause +[2] of this Article shall be deemed an implicit acceptance of the proposed conversion. + +Article (281 ) +Sale of Ratio of the Company's Shares and Increase of its Capital upon +Conversion +1. The company, wishing to convert into a public joint stock company after the SCA's +approval has been obtained and a special resolution has been issued by its General +Assembly, may sell its shares and / or offer new shares at a public offering according to +the controls to be issued by the SCA in this respect. +2. The SCA shall issue a resolution setting out the controls and conditions of sale and +offering of the shares at a public offering when the company is converted into the legal form of a public joint stock company. +3. The shareholders or partners of the company wishing to convert into a public joint stock +company shall bear all conversion -related expenses and costs until the procedures of the +company's conversion and registration as a public joint stock company are completed with both the SCA and the Competent Authority. Such expenses shall include, among others, the valuation of the company and all charges and fees of the parties involved in +the offering process, so that the shareholders subscribing for the public joint stock +company may not bear such fees. +4. Notwithstanding Article [217.1] of this Decree Law, the cash or in -kind contributions of +founders of the company may be transferred after the company is converted into a joint +Federal Decree Law No. (32) of 2021 on Commercial Companies 125 + stock company as of the date of its listing on the financial market in the State or the date +of being registered in the commercial register with the Competent Authority in case the +company is exempt from being listed. + +Article (282 ) +Notification of the Conversion Resolution +Subject to the provisions of Article [276] of this Decree Law, the Company shall submit a +copy of the conversion resolution to the Ministry or the SCA, as applicable, and the +Competent Authority, together with: +1. Details of Company assets, rights and obligations and their appraised value; and +2. A statement that the opposition has been settled or has expired. + +Article (283 ) +Results of Conversion +1. Upon conversion, each partner or shareholder shall have a number of shares or equity +stake in the new Company equal to the value of his shares or equity stake in the Company prior to conversion. If the value of the shares or equity stake of a partner or +shareholder is less than the minimum nominal value of the new shares or equity stake, +the difference shall be made up in cash, failing which such partner or shareholder shall +be deemed to have withdrawn from the Company. The value of his shares or equity stakes shall be paid according to their market or book value at the date of conversion, +whichever is higher. +2. Upon its conversion and re -registration under its new legal form, the Company shall +maintain its legal personality and its rights and obligations existing before the conversion. Conversion shall not relieve the General Partners from the obligations of the Company prior to conversion, unless so agreed in writing by the creditors. + + +Federal Decree Law No. (32) of 2021 on Commercial Companies 126 + Article (284 ) +Annotation of Conversion +1. Upon approval of the conversion resolution by the Ministry or the SCA, as applicable, and +the Competent Authority, the Registrar shall be informed to update the records +accordingly. +2. The Competent Authority shall record the Company in the commercial register and issue a +business license according to the new form of the Company. The conversion shall be +effective of the date of issuance of the business license. + +Chapter Two +Merger +Article (285 ) +Merger +1. Notwithstanding the provisions of Articles [199, 200 and 201], the Company may, under +a special resolution of the General Assembly or an equivalent body, even during the +course of liquidation, merge with any other Company under a contract made between +the merged companies. +2. Subject to the applicable rules of the Central Bank, if a merger involves companies +licensed by the Central Bank, the Minister shall issue a resolution defining the method, +conditions, and the procedure of merger for all companies, excluding Public Joint Stock +Companies, for which the board of directors of the SCA shall issue a resolution. + +Article (286 ) +Merger Agreement +The merger agreement shall set out the conditions and method of merger, particularly the following: +1. The MOA and AOA of the merging Company or the new target company; +2. The name and address of each Director or the proposed manager of the merging +Federal Decree Law No. (32) of 2021 on Commercial Companies 127 + Company or the new Company. +3. The method of conversion of the shares or equity stake of the merged companies into +shares or equity stake in the merging Company or the new Company. + +Article (287 ) +Presentation of the Merger agreement to the General Assembly +1. The Directors or managers of every merged and merging Company shall present the draft +merger agreement to the General Assembly or equivalent body for approval by the majority necessary to amend the MOA of the Company. +2. The General Assembly shall be convened to consider the merger subject to the following +conditions: +A. The notice of General Assembly Meeting shall be accompanied by a copy or +summary of the merger agreement; +B. The merger agreement shall clearly state that any one or more of the shareholders holding at least 20% of the Capital of the Company who opposed the merger shall +have the right to object to the merger before the competent court within thirty [30] +Business days after approval of the merger agreement by the General Assembly or +equivalent body. + +Article (288 ) +Merger of Holding Companies and Subsidiaries +1. A holding company may merge with one or more of its wholly owned companies as a +single Company without entering into a merger agreement. Merger shall be effected by Special Resolution of those companies, passed by the majority necessary to amend the +MOA of each Company. +2. Two or more companies wholly owned by a holding company may merge into a single +Company without entering into a merger agreement. +3. In the case of a merger involving a holding company, the provisions on merger set out in +this Decree Law and its implementing resolutions shall apply to its wholly owned +Federal Decree Law No. (32) of 2021 on Commercial Companies 128 + subsidiaries. + +Article (289 ) +Redemption of Shares' Value +1. Save for joint stock companies, partners and shareholders who oppose the merger +resolution may request to withdraw from the Company and redeem their shares, by +making an application in writing to the Company within fifteen [15] business days of the +merger resolution date. +2. The withdrawn shares shall be valuated by mutual agreement. In the event of +disagreement on such valuation, the matter shall be referred to a committee appointed by the Competent Authority for this purpose for all companies, before recourse is made +to the courts. +3. The undisputed value of the withdrawn shares shall be paid to their holders prior to +completion of the merger, before the committee mentioned in the preceding Clause is +approached concerning the disputed value. + +Article (290 ) +Notice of Merger Resolution to Creditors +Every merging Company or merged Company shall notify its creditors within 10 [ten] +business days after approval of the merger by the General Assembly. Such notice shall: +1. State that the Company intends to merge with one or more specific companies; +2. Be given in writing to each creditor of the Company to notify him of the merger; +3. Be published in two daily local newspapers issued in the State, one of which is published +in Arabic; and +4. State that any of the creditors of the Company or the [merging and merged] companies, the holders of bonds and Sukuk and any stakeholder shall all have the right to oppose the merger at the headquarters of the Company, and to forward a copy of the opposition +to the Ministry or the SCA, as applicable, within thirty [30] days of the date of the notice. + +Federal Decree Law No. (32) of 2021 on Commercial Companies 129 + Article (291 ) +Opposition to Merger +1. A creditor that gives notice of opposition to the Company under Clause [4] of Article [290] +of this Decree Law without his claim being paid or settled by the Company within thirty +[30] days of the date of the notice, may apply to the competent court for an order to +suspend the merger. +2. If, when considering the application to suspend the merger, the court finds that a merger +would be unfairly prejudicial to the interests of the applicant, the court may order a +suspension subject to such further conditions as the court may deem appropriate. +3. The merger shall remain suspended until the opposition is waived or is rejected by final +judgment of the court or the Company settles the debt if due or provides sufficient security for payment of the debt if deferred +4. Failure to oppose the merger resolution within the time limit provided for in Article +[290.4] of this Decree Law shall be deemed an implicit acceptance of the proposed merger. + +Article (292 ) +Approval of Merger +1. Upon approval of the merger resolution by the Ministry or the SCA, as applicable, the +Registrar shall be informed to update the records accordingly. +2. The Competent Authority shall update its records to reflect the termination of the Merged +Company and notify the Ministry or the SCA, as applicable. + +Article (293 ) +Results of Merger +Merger shall entail that the merged company or companies shall cease to exist as a corporate entity and be succeeded by the merging company or the new target company in +respect of all rights and obligations. The merging company shall be a legal successor of the merged Company or companies. +Federal Decree Law No. (32) of 2021 on Commercial Companies 130 + Chapter Three + Company Divestiture +Article (294 ) +Company Divestiture +1. Without prejudice to all legal rules and procedures regulating the incorporation of +companies, the divestiture of the joint stock company under the provisions of this +Decree Law shall take place by splitting the company's assets or activities and their +corresponding obligations and equity into two or more independent, separately -run +companies. Notwithstanding the provisions governing the incorporation of joint stock companies set forth in this Decree Law, the Ministry or the SCA, as the case may be, shall +issue the conditions, controls and procedures to be observed by the companies in +respect of divestitures. +2. The parent company and the new company shall each have an independent legal +personality. +3. The new company shall replace the parent company in respect of its rights and obligations +within the limits of the stake transferred thereto, unless otherwise agreed with the +creditors in respect of their debts. + +Article (295 ) +Types of Divestiture +1. The divestiture shall be horizontal when the shares of the new companies are held by the +same shareholders of the parent company before the divestiture and at the same equity +stakes. The divestiture shall, on the other hand, be vertical when it involves the +separation of part of the assets or activities into a new subsidiary company that is owned +by the parent company. In both instances, the division of assets and obligations shall take place based on the book value, unless the Ministry or the SCA, as the case may be, +approves any different method of valuation according to the controls to be issued in this +respect. In addition, the shareholders' equity, capital, reserves and retained earnings shall +be divided based on a special resolution to be issued by the General Assembly of the +Federal Decree Law No. (32) of 2021 on Commercial Companies 131 + Company. The company that survives and continues to operate under the same legal +personality shall be labeled as the ""parent company"", while each separate company +arising out of the divestiture shall be labeled ""divested (new) company"". +2. The divestiture shall be carried out through issuance of the shares of the parent company +in light of the post - divestiture net assets of the company, either by amending the +number of shares or the nominal value of the share, and issuing new shares for the +divested (new) company in light of its share in the net assets of the parent company. + +Article (296 ) +The company's board of directors shall draw up the detailed draft divestiture plan, particularly the assets and liabilities that belong to the parent company and the new +companies resulting from the divestiture, for submission to the General Assembly, +accompanied by the following: +1. The reasons underlying the divestiture; +2. The method of dividing the assets and liabilities; +3. The nominal value of shares of the new companies resulting from the divestiture; +4. A report indicating the auditor's opinion on the detailed draft divestiture plan; +5. Default financial statements of the parent companies and the new companies resulting from the divestiture based on the value of assets, liabilities, equity, revenue and +expenses of the activities divided for two years prior to the divestiture, and accompanied +by a report of the auditor's opinion. +6. The draft amendment of the parent company's MOA and AOA, as well as the draft amendment of the MOA and AOA of the new companies resulting from the divestiture. +7. A memorandum of the opinion of an independent legal advisor indicating how far the +divestiture conforms to the applicable legal rules and how far the company complies +with all applicable legal procedures. +8. The agreements related to the post -divestiture creditors' rights with both the parent +company and the new company and all actions taken with regard to the holders of bonds of all types. +Federal Decree Law No. (32) of 2021 on Commercial Companies 132 + 9. In all cases, the financial statements shall be accompanied by an unqualified report by +the company's auditor. The time span between the date of the financial statements +based on which the divestiture is approved and the date of approval resolution of the +General Assembly shall not exceed one calendar year. +The General Assembly's approval of the divestiture shall be issued under a special +resolution, unless the company's AOA provides for a higher percentage. + +Article (297 ) +The company's board of directors shall obtain no objection from the Ministry or SCA, as the +case may be, on the method of divestiture and detailed divestiture plan, particularly the +assets and liabilities that belong to the new companies resulting from the divestiture, the +default financial statements of each new company resulting from the divestiture based on +the assets, liabilities, equity and revenue and expenses of activities. + +Article (298 ) +Shares of the parent company shall be issued after the amendment is made, while shares of +the new company shall be issued after the same is registered with the Competent Authority. +A note shall be recorded in the commercial register indicating the amendment of the parent +company's capital and confirming that the target company is registered in the commercial +register based on prior approval of the Ministry or SCA, as the case may be. + +Chapter Four +Acquisition +Article (299 ) +Acquisition +1. Any person or an associated group – as determined by the resolution issued by the SCA in +this respect – purchasing or carrying out any act that may lead to the acquisition of +shares or securities that are convertible into shares in the capital of a public joint stock +Federal Decree Law No. (32) of 2021 on Commercial Companies 133 + company incorporated in the State, which has offered its shares for public offering or is +listed in a financial market in the State, shall be required to comply with the provisions of +the resolution issued by the SCA on acquisition. +2. It shall be permissible for the conditions and procedures issued by the SCA to regulate the +acquisitions to include a condition stipulating that any person whose ownership in the +capital has reached the percentage determined by the SCA shall have the right to +obligate the minority shareholders to assign their shares in the acquired company in such a person's favor. In addition to a condition stipulating that the minority +shareholders holding the percentage determined by the SCA are entitled to obligate any +person whose ownership in the capital has reached the percentage determined by the +SCA, to accept the shareholders' assignment of their shares to such a person, in exchange +for a financial consideration that is compatible with the provisions of the resolutions +regulating the conditions and procedures of acquisitions issued by the SCA. The SCA +shall execute the transfer of ownership of the securities assigned. +3. It shall be permissible for the company – under a special resolution – to increase its +issued capital in order to acquire an existing company and to issue new shares for the partners or shareholders in this acquired company. The acquisition shall be excluded +from the provisions of Articles [201], [200]and [199] of this Decree Law. + +Article (300 ) +Breach of Acquisition Rules and Procedures +Without prejudice to the right of the aggrieved parties to have recourse to the courts, if it is established that any person has breached the provisions of Article [299] of this Decree Law +or the resolution issued by the SCA in this respect, the SCA may impose any of the following +administrative sanctions: +1. To send a notice of the violation and grant the violator a time limit for correction +according to the mechanism determined by the SCA. +2. To deprive the violator of running for candidacy to membership of the board of directors +of the target company of acquisition until the correction is made or the action +determined by the SCA is taken. +Federal Decree Law No. (32) of 2021 on Commercial Companies 134 + 3. To suspend or invalidate the membership of the violator if they are a director of the +company. +4. To deprive the violator of voting at the meetings of the General Assembly, within the extent of such violation. +5. Any other administrative sanctions determined by the SCA. + + +Article (301 ) +Publication of Acquisition Resolution +The company shall publish the acquisition on both the company's website and the financial market's website, if the company is listed on a financial market in the State. + +Part Eight +Termination of the Company's MOA +Chapter One +Reasons for Termination of Companies +Article (302 ) +General Reasons for the Termination of Companies +Subject to the provisions on termination of companies, a Company shall be dissolved for any of the following reasons: +1. Expiration of the term specified in the MOA or AOA of the Company, unless such a term is renewed in accordance with the rules set out in either document; +2. Fulfillment of the objects for which the Company has been established; +3. The depletion of all or most of the Company's assets, making it impossible to beneficially +invest the remainder; +4. Merger in accordance with the provisions of this Decree Law; +5. The unanimous agreement of the partners to terminate the term of the Company, unless +the MOA provides that a specific majority shall suffice; or +6. A court order is issued to dissolve the Company. +Federal Decree Law No. (32) of 2021 on Commercial Companies 135 + Article (303 ) +Dissolution of General Partnership and Limited Partnership +Without prejudice to the rights of third parties, and subject to the provisions of this Decree +Law and the contracts between the partners, the General Partnership and the Limited +Partnership shall be dissolved for any of the following reasons: +3. The death, bankruptcy or insolvency of any of the partners of the Company or his loss of +legal capacity, unless agreed otherwise in the MOA of the Company which may provide +that the Company shall remain a going concern with the heirs of the deceased partner, +notwithstanding that all or any of them are minors. If the deceased partner is a General +Partner while the heir is a minor, the minor shall be a Limited Partner to the extent of his +share in the estate of the deceased, and the continuation of the Company shall not be +conditional on keeping the minor's assets within the Company. +3. If the only General Partner withdraws from the Limited Partnership; or +3. If, for a period of six [6] months, the General Partnership remains with a single partner without adjusting its legal affairs. + +Article (304 ) +Continuation of General Partnership or Limited Partnership by Mutual +Agreement +1. Where no provision is made in the MOA of the General Partnership or the Limited +Partnership for it to continue with the remaining partners after the withdrawal or death of a partner or issuance of a judgment of interdiction or declaring his bankruptcy or +insolvency, the partners may, within 60 days of the date of occurrence of any of the +above events, resolve unanimously to continue the Company between themselves. The +partners shall register their agreement with the Competent Authority within the +above -mentioned 60 -day time limit. +2. If the Company continues with the remaining partners, the share of the withdrawing +partner shall be assessed according to the most recent inventory, unless the MOA of the +Company provides for another method of valuation. The exiting partner or his heirs shall +Federal Decree Law No. (32) of 2021 on Commercial Companies 136 + have no share in any new equity of the Company save to the extent that it arises from +transactions which preceded his exit from the Company. + +Article (305 ) +Court Judgment Dissolving General Partnership or Limited Partnership +1. A court judgment may be issued to dissolve a General Partnership or Limited Partnership +upon the request of a partner, if the court finds good cause for dissolution. A court +judgment may also be made to dissolve the Company upon the request of a partner due +to another partner's failure to honor his commitments. +2. If the reasons for dissolution arise from the acts of a partner, a court order may be made +for his withdrawal from the Company. In such case, the Company shall continue +between the remaining partners and the exiting partner's share shall be excluded after +being assessed according to the most recent inventory or by any other method the court +may wish to follow. +3. Any provision depriving a partner from exercising his right to dissolve the Company +through court shall be deemed void ab initio. + +Article (306 ) +Dissolution, Liquidation or Suspension of Activities of a One Person +Company (OPC) +1. The One Person Company (OPC) shall be dissolved upon the death or termination of the +founding natural or legal person. However, the One Person Company (OPC) shall not be +terminated upon the death of the natural person if the heirs decide to continue the +Company after adjusting its legal position in accordance with the provisions of this Decree Law. The heirs shall then select a person to manage the Company on their behalf, +within six [6] months after the date of death. +2. If the owner of a One Person Company (OPC) liquidates the Company or suspends its +activities in bad faith prior to the expiry of its term or the fulfillment of the objects for +which it was established as set out under its MOA, the owner shall be liable for its +Federal Decree Law No. (32) of 2021 on Commercial Companies 137 + obligations from his own assets. + +Article (307 ) +Death or Withdrawal of Partner of a Limited Liability Company +The death of a partner in a Limited Liability Company or his withdrawal by a judgment of +interdiction or declaring his bankruptcy or insolvency shall not lead to its dissolution unless +so provided for in the Company's MOA. The share of the partner shall be transferred to his +heirs and a legatee shall be considered an heir. + +Article (308 ) +Losses of Limited Liability Company +1. If the losses of a Limited Liability Company reach 50% of the Capital, the managers +thereof shall put the matter of dissolution before the partners at a General Assembly. A dissolution resolution shall be passed by the majority necessary to amend the MOA of +the Company. +2. If losses reach 75% of the Capital, partners holding 25% of the Capital may call for +dissolution of the Company. + +Article (309 ) +Losses of Joint Stock Company +1. If the cumulative losses of a joint stock company reach half of its issued capital, the board +of directors shall within thirty [30] days of the date of disclosing the periodical or annual +financial statements to the Ministry or the SCA, as applicable, call a meeting of the +General Assembly within thirty [30] days of the date of call, to take a decision on the +meeting of the General Assembly. If it is not possible for this assembly to issue a decision, +all interested parties may file a lawsuit before the competent court requesting to dissolve and liquidate the company according to the provisions of the Law. +2. When inviting the General Assembly to convene according to the provision of Clause [1] +Federal Decree Law No. (32) of 2021 on Commercial Companies 138 + of this Article, the board of directors of the company is required to take into +consideration the following: +a. If the board of directors recommends the continuation of activity of the company's activity, the call shall be accompanied by the approved restructuring plan and report of auditor. The restructuring plan attached to the call shall include the feasibility +study, plan of debt settlement and the time schedule for execution. +b. If the board of directors recommends the dissolution and liquidation of the company +prior to its prescribed term, the call shall be accompanied with the auditor's report, +the company liquidation plan and its schedule approved by the board of directors of +the company and its financial consultant, and nominating one or more liquidators as +approved by the SCA. +3. The board of directors shall supervise the execution of the restructuring plan and notify +the SCA of each report every three [3] months with the results of the execution of this +plan and its compliance with the schedule. It may, upon the approval of the SCA, appoint a financial consultant to assist it in preparing and executing the plan. The SCA may +disqualify the financial consultant and appoint another if the consultant does not carry +out the duties entrusted to them. + +Article (310 ) +Deregistration of the Company +1. Without prejudice to the situations provided for in this Decree Law or in any other law, if +the Ministry, the SCA or the Competent Authority, each according to its respective +jurisdiction, confirms that the Company has ceased to conduct its business or that it conducts its business in violation of this Decree Law and its implementing resolutions, +the Ministry, the SCA or the Competent Authority, each according to its respective jurisdiction, shall notify the Company that it will be deregistered within three [3] months +of the date of the notice, unless good excuse is furnished. +2. If, after the three [3] months period specified in Clause 1 of this Article, the Ministry, the +SCA or the Competent Authority, each according to its respective jurisdiction, receives +Federal Decree Law No. (32) of 2021 on Commercial Companies 139 + confirmation that the Company's operations remain suspended, or that the Company +has not shown good cause for the suspension, the matter will be referred to the +competent court for the Company to be put into liquidation. +3. The liability of the Directors, managers, shareholders and partners of the Company that is +deregistered in accordance with the provisions of this Article shall continue as if the +Company had not been dissolved. + +Article (311 ) +Suspension of the Company's Registration +1. Without prejudice to the cases set forth in this decree law or any other law, if the Ministry, +SCA or Competent Authority, within their respective areas of competence, is convinced +that the company has ceased to carry on its business or that the company has been +carrying on its business in violation of the provisions of this decree law and the +implementing resolutions hereof, the Ministry, SCA or Competent Authority, as the case +may be, notify that the its registration will be suspended and that its license will be +suspended within three [3] months of the notice date, unless the company furnishes an +acceptable excuse. +2. The Ministry, SCA or Competent Authority, as the case may be, shall deregister the +company in case the suspension of registration continues for three [3] years, as of the registration suspension notice. + +Article (312 ) +Notice of Dissolution to Competent Authority and Registrar +1. The entity responsible for managing the Company shall notify the Competent Authority +and the Registrar of any event giving rise to the dissolution of the Company. +2. If the partners agree to dissolve the Company, the agreement shall include the method of +liquidation and the name of the liquidator. +3. Upon dissolution or liquidation of the Company, no partner or shareholder shall be +entitled to a share of its capital until its debts have been paid. +Federal Decree Law No. (32) of 2021 on Commercial Companies 140 + Article (313 ) +Registration of Dissolution of the Company +The managers, board chairman or liquidator of the Company, as applicable, shall have the +dissolution of the Company recorded in the commercial register maintained by the +Competent Authority and shall publish a notice of its dissolution in two daily local +newspapers; at least one of which is published in Arabic. The dissolution of the Company shall become effective vis -à-vis third parties only as of the date of such registration. + +Chapter Two +Liquidation of Company and Distribution of Assets +Article (314 ) +Provisions Applicable to Liquidation +Unless the MOA or AOA of the Company provides a specific procedure for liquidation or the +partners agree otherwise upon the dissolution of the Company, the provisions of this Decree +Law shall apply in the event of liquidation of the Company. + +Article (315 ) +Termination of Powers of Managers or Board of Directors +The powers of the managers or the board of directors shall cease to exist upon dissolution of the Company. However, they shall continue to discharge their responsibility to manage the +Company and shall act as liquidators vis -à-vis third parties until such time as a liquidator is +appointed. The management of the Company shall remain during the period of liquidation, +to such extent, and with such powers as the liquidator may deem necessary to discharge his +duties as liquidator. + +Article (316 ) +Appointment of Liquidator +1. Liquidation shall be conducted by one or more liquidators appointed by the partners or by +Federal Decree Law No. (32) of 2021 on Commercial Companies 141 + resolution of the General Assembly or equivalent body. The liquidator cannot also be an +auditor for the time being of the Company and shall not have audited its accounts in the +5 years immediately preceding his appointment. +2. If the liquidation is based on a court order, the competent court shall specify the method +of liquidation and appoint a liquidator. In all case, the liquidator's duties shall not +terminate upon the death of a partner or a declaration of his bankruptcy, insolvency or +interdiction, even if the liquidator was appointed by the partners. + +Article (317 ) +Multiple Liquidators +If there is more than one liquidator, their acts shall be valid only if there is unanimous +consent, unless the document appointing them provides otherwise. This condition shall not +be effective vis -à-vis third parties until it is entered in the commercial register. + +Article (318 ) +Resolution Appointing a Liquidator +The liquidator shall enter the resolution appointing him and the agreement of the partners +or the resolution of the General Assembly concerning the method of liquidation or the +relevant court order in the commercial register. The liquidator's appointment or the +liquidation method shall not be effective vis -à-vis third parties until it is entered in the +commercial register. The liquidator's fee shall be specified in the document appointing him or else shall be determined by the competent court. + +Article (319 ) +Removal of Liquidator +1. The liquidator shall be dismissed in the same way as he was appointed. Any resolution or +court order to dismiss a liquidator shall provide for the appointment of a new liquidator. +2. A liquidator's dismissal shall be entered in the commercial register and shall not be +Federal Decree Law No. (32) of 2021 on Commercial Companies 142 + effective vis -à-vis third parties except of the date of such entry. + +Article (320 ) +Inventory Check of Assets and Liabilities of Company +The liquidator shall, immediately after his appointment, conduct an inventory check of all +the assets and liabilities of the Company. The managers or the chairman shall provide the +liquidator with the assets, accounts, ledgers and documents of the Company. + +Article (321 ) +Preparation of List of Assets and Liabilities of the Company +The liquidator shall prepare a detailed list of the assets and liabilities of the Company and its +balance sheet, and sign it together with the managers or the chairman of the Company. The +liquidator shall keep a record to document all transactions related to liquidation. + +Article (322 ) +Duties of the Liquidator +The liquidator shall do all that is necessary to preserve the assets and rights of the Company +and collect its receivables from third parties. The liquidator shall deposit the monies received +into a bank for the account of the Company in liquidation immediately upon collection. +However, the liquidator may not request the partners to pay the balance outstanding upon +their shares other than as required for the liquidation and subject to equal treatment of the +partners. + +Article (323 ) +Liquidator's Representation of the Company +The liquidator shall do all acts necessary for the liquidation and in particular represent the Company before the courts, pay Company debts and sell movable assets and real estate of +the Company at a public auction or by any other means, unless the document appointing +Federal Decree Law No. (32) of 2021 on Commercial Companies 143 + the liquidator provides for a specific method of sale. However, the liquidator may not sell +the assets of the Company all at once without prior permission from the partners or the +General Assembly of the Company. + +Article (324 ) +Notice of Liquidation to Creditors +All debts of the Company shall become immediately payable upon its dissolution. The +liquidator shall notify all the creditors by registered letter with acknowledgment of receipt of +the commencement of the liquidation, inviting the creditors to present their claims. The +notice shall be published in two local daily newspapers, one of which is published in Arabic. +The notice of liquidation shall in all cases give creditors at least 30 days of the date of the +notice to present their claims. + +Article (325 ) +Settlement of Company's Debts +If the assets of the Company are not sufficient to settle all debts, the liquidator shall pay part +of the debt, without prejudice to the rights of preferred creditors. Every debt arising from the +liquidation shall be satisfied out of Company funds ahead of any other debts. + +Article (326 ) +Depositing Debts with the Court Treasury +If some creditors fail t o present their claims, their debts shall be deposited with the treasury +of the competent court. Amounts sufficient to cover disputed debts shall also be deposited, +unless the creditors in respect of those debts obtain adequate security or it is resolved to +postpone the distribution of Company assets until the dispute over those debts has been +settled. + + +Federal Decree Law No. (32) of 2021 on Commercial Companies 144 + Article (327 ) +New Business Activities of the Company +The liquidator may not commence new business activities of the Company except those +required to complete a prior activity. If the liquidator undertakes any new activity not +required for liquidation, he shall be liable to the extent of his assets for such activities. If +there is more than one liquidator, they shall be jointly liable. + +Article (328 ) +Liquidation Period +The liquidator shall complete his mandate within the period specified in the document +appointing him. If no such period is stated, any partner may bring the matter to the +competent court for a liquidation period to be determined. The liquidation period may only be extended by resolution of the partners or by Special Resolution of the General Assembly, +as the case may be, once a report from the liquidator has been reviewed explaining why the +liquidation was not completed on time. If the liquidation period had been determined by the +competent court, it may not be extended without the court's consent. + +Article (329 ) +Submitting Temporary Account Statement on Liquidation +The liquidator shall, on a quarterly basis, submit to all the partners or to the General +Assembly a temporary statement of account on liquidation activities. The liquidator shall +furnish the partners with the details and information they request on the status of +liquidation. The liquidator shall, within one week of their approval by the General Assembly, notify the partners within [21] days to collect their dues, based on an announcement to be +published in two daily local newspapers,; one of which is published in Arabic. + + + +Federal Decree Law No. (32) of 2021 on Commercial Companies 145 + Article (330 ) +Final Account of Liquidation +1. The liquidator shall, upon completion of liquidation work, submit to the partners or to the +General Assembly or the competent court a final account of the liquidation which shall +terminate upon approval of the final account. +2. The liquidator shall record the completion of the liquidation in the commercial register +maintained by the Competent Authority. The completion of liquidation shall not be +effective vis -à-vis third parties except of the date of such entry. The Company shall be +removed from the commercial register maintained by the Competent Authority. +Article (331 ) +Acts of the Liquidator +The Company shall be bound by acts performed by the liquidator in the context of +liquidation insofar as they are carried out within the scope of his mandate. No liability shall +attach to the liquidator in respect of such acts. + +Article (332 ) +Liability of the Liquidator +The liquidator shall be liable if the Company's affairs are mismanaged in the liquidation. The +liquidator shall also be liable for any damage incurred by third parties due to professional +errors in connection with the liquidation services provided. + +Article (333 ) +Distribution of Company's Assets +1. Assets of the Company resulting from liquidation shall be distributed among the partners +after settlement of its debts. Upon distribution, each partner shall receive an amount equal to his capital contribution and the balance of Company assets shall be divided +among the partners in accordance with their respective share of profits. If a partner does +not claim his share, the liquidator shall deposit it with the treasury of the competent +Federal Decree Law No. (32) of 2021 on Commercial Companies 146 + court. +2. If the net assets of the Company are insufficient to cover the full value of the partners' +shares, the loss shall be distributed among them at the rate specified for the distribution +of losses. + +Article (334 ) +Time Bar for Liability Lawsuit +1. In case of the denial and lack of legitimate excuse, legal proceedings arising as a result of +the liquidator carrying out his functions and claims arising as a result of partners, +managers, Directors or auditors of the Company carrying out the duties of their office +shall be time barred after the expiry of three [3] years, unless the law provides for a +shorter time bar. +2. The aforesaid time bar shall start of the date when the completion of liquidation is +entered in the commercial register in the former case, and of the date when the act +giving rise to liability occurred in the latter case. +3. If the act attributed to any such persons is a criminal offense, the liability lawsuit shall not +be time barred until the prescription of the criminal case. + +Part Nine +Foreign Companies +Article (335 ) +Foreign Companies Governed by this Decree Law +Without prejudice to the special agreements between the Federal Government, any Local +Government or their affiliates and any foreign companies, the provisions of this Decree Law, +excluding the provisions on incorporation, shall apply to foreign companies that have +transactions or administrative headquarters in the State. + + +Federal Decree Law No. (32) of 2021 on Commercial Companies 147 + Article (336 ) +Practice of Foreign Company's Business +1. Save for foreign companies licensed to operate in free zones in the State, foreign +companies may not conduct any operations in the State or set up an office or branch +therein without having been issued an appropriate license by the Competent Authority +with the approval of the Ministry listing the activities for which the Company has been +licensed. +2. If a foreign Company or its office or branch conducts operations in the State prior to +completion of the formalities set out in this Decree Law, the persons conducting such +operations shall be jointly and severally liable therefor. + +Article (337 ) +Foreign Company Registration Procedures +1. No foreign Company may conduct its operations in the State unless it has been entered in +the Ministry's foreign companies register in accordance with this Decree Law and until +the Company has obtained the approvals and licenses required by the laws of the State. +2. The procedure for registration in the foreign companies register and guidelines for +preparation of the accounts and balance sheets of branches of foreign companies in the +State shall be set out in a resolution of the Minister. The office or branch of a foreign +Company shall be considered its domicile for the purposes of its operations in the State +which operations shall be governed by the laws of the State. +3. The Ministry shall issue resolutions on the supporting documentation needed to apply for +registration. Such resolutions may specify requirements and conditions for managing and closing the branch or office of a foreign Company. +4. When the branch of a foreign Company is closed, the Ministry shall strike off the name of +the branch or office from the foreign companies register maintained by the Ministry. + + + +Federal Decree Law No. (32) of 2021 on Commercial Companies 148 + Article (338 ) +Balance Sheet of Foreign Company +Save for representative offices, foreign companies and their branches shall have an +independent balance sheet and profit and loss account and shall have an auditor registered +on the roster of practicing auditors in the State. Foreign companies and branches shall +annually submit to the Competent Authority and the Ministry a copy of the balance sheet +and final accounts, together with the auditor's report and a copy of the final accounts of its +holding company, if any. + +Article (339 ) +Representative Offices +1. Foreign companies may establish representative offices to conduct market studies and +research production prospects without undertaking any commercial activity. +2. The implementing decisions of this Decree Law shall determine the aspects of oversight to +be exercised by the Ministry and the Competent Authority over such offices. + +Part Ten +Oversight and Inspection of Companies +Article (340 ) +Oversight of Companies +1. Subject to the jurisdiction of the Central Bank, the Ministry, the SCA and the Competent +Authority, each according to its respective jurisdiction, shall have the right to monitor +joint stock companies and inspect their activities, books or any documents or records at +their branches and subsidiaries in the State and overseas or in the possession of their +auditors or any other Company related to the Company being inspected. They may, together with the inspection committee, seek the assistance of one or more experts with +technical and financial experience in the matter and purpose of the inspection, to verify +the Company's compliance with this Decree Law and its implementing resolutions and +the Company's AOA. To that end, the inspectors may, at their own discretion, request +Federal Decree Law No. (32) of 2021 on Commercial Companies 149 + any details or information from the board of directors, the CEO, the managers or the +auditors of the Company. +2. The Ministry, the SCA or the Competent Authority, as the case may be, may call for the +dissolution of the Company if incorporated or if it conducts business in violation of this Decree Law. The competent court shall decide such request as a matter of urgency. + +Article (341 ) +Inspection Regulations +The Minister shall issue inspection regulations for Private Joint Stock Companies, while the +board of directors of the SCA shall issue inspection regulations for Public Joint Stock +Companies. The regulations shall set out inspection procedures and the powers and duties +of inspectors. + +Article (342 ) +Application for Company Inspection +1. Subject to the provisions of Articles 333 and 334 of this Decree Law, shareholders holding +at least 10% of the Capital of the Company may request the Ministry or, as applicable, the SCA to order an inspection of the Company in connection with alleged serious +violations of the duties of Directors or auditors under this Decree Law or the Company's +AOA provided there is probable cause to believe that a violation has been committed. +2. The application for inspection shall include: +a. Evidence that the applicants have good cause to justify taking such steps. +b. An undertaking stating that the shareholders filing the application shall deposit their +shares and that the shares shall remain deposited until the application has been +decided. +3. The Ministry or, as applicable, the SCA may, upon hearing the statements of the applicants +and the Directors or members of a similar body and the auditors at a closed meeting, +order an inspection of the activities, books or any documents or records with another +Company related to the Company being inspected, or in the possession of its auditor, +Federal Decree Law No. (32) of 2021 on Commercial Companies 150 + and may appoint for such purpose one or more experts at the expense of the applicants +for inspection. + +Article (343 ) +Facilitation of Inspectors' Work +Subject to the provisions of Article [340] of this Decree Law, the Chairman, CEO, Director +General, personnel and auditors of the Company shall give the inspection team access to the +books, minutes of meeting [board of directors, committees and General Assembly], records, +documents and paperwork of the Company and provide them with the necessary information and clarifications. + +Article (344 ) +Inspection Report +1. Subject to the provisions of Articles 342 and 341 of this Decree Law, the inspectors shall, +after completing their inspection, submit a final report to the Minister [Private Joint Stock +Companies] or to the chairman of the SCA [Public Joint Stock Companies] +2. If the Ministry or, as applicable, the SCA establishes any violations that would constitute a +criminal offense involving Directors or auditors, it shall call the General Assembly to +convene. In such case, the meeting shall be chaired by a representative of the Ministry or +the SCA, as the case may be, holding the office of CEO or comparable office, to consider +the following: +A. The removal of Directors and filing of a liability lawsuit against them; and +B. The dismissal of auditors and filing of a liability lawsuit against them. +3. The resolution of the General Assembly shall be valid in the circumstances described in +Clause [2] of this Article if approved by a majority of those present after excluding the share of the Director whose removal is under consideration or the share of the corporate +entity he represents. + +Federal Decree Law No. (32) of 2021 on Commercial Companies 151 + Article (345 ) +Publication of Inspection Findings +If the Ministry or the SCA, as applicable, is convinced that the allegations attributed by the +applicants for inspection to the Directors or the auditors are not true, the Ministry or the SCA +may order that the results of the inspection be published in a daily local newspaper in Arabic +at the expense of the applicants for inspection, without prejudice to any civil or criminal +liability. +Part Eleven +Offences and Penalties +Article (346 ) +Providing Information that is False or Contrary to Law +A penalty of imprisonment sentence ranging from six [6] months to three [3] years and / or a +fine between AED [200,000] two hundred thousand dirhams and AED 1,000,000 [one +million dirhams] shall be imposed on whoever deliberately inserts in the MOA or AOA of a +Company, a shares or bonds prospectus, or in any other Company documents any +information that is false or contrary to this Decree Law. The penalty shall also be imposed on +whoever knowingly signs or circulates such documents despite those facts. + +Article (347 ) +Overvaluation of In- Kind Contributions +A person who, in bad faith, valuates the in -kind contributions of founders or shareholders +above their actual value shall be liable to imprisonment sentence for a term between six [6] +months and three [3] years and / or a fine between AED 200,000 [two hundred thousand +dirhams] and AED 1,000,000 [one million dirhams]. + +Article (348 ) +Distribution of Profits or Interests in Violation of the Law +Any manager or Director that distributes to shareholders or others profits or interest in +Federal Decree Law No. (32) of 2021 on Commercial Companies 152 + violation of the provisions of this Decree Law or the MOA or AOA of the Company, and any +auditor that approves such distribution despite his knowledge of the violation, shall be liable +to imprisonment sentence for a term between six [6] months and three [3] years and / or a +fine between AED 50,000 [fifty thousand dirhams] and AED 500,000 [five hundred thousand dirhams]. + +Article (349 ) +Concealment of True Financial Position of the Company +Any manager, director, auditor or liquidator that deliberately gives false information in the balance sheet or profit and loss account or in a financial report or omits material facts from +such documents for the purpose of concealing the true financial position of the Company +shall be liable to imprisonment sentence for a term between six [6] months and three [3] +years and / or a fine between AED 100,000 [one hundred thousand dirhams] and AED +500,000 [five hundred thousand dirhams]. + +Article (350 ) +Misstatement of Facts in Inspection Report +A penalty of imprisonment sentence ranging from three [3] months to two [2] years and / or a fine between AED 10,000 [ten thousand dirhams] and AED 100,000 [one hundred +thousand dirhams] shall apply in respect of: +1. Any person appointed by the Ministry, the SCA or the Competent Authority to inspect a Company, who deliberately misstates facts in the inspection report or deliberately omits +material facts that may affect the results of inspection; and +2. A chairman, Director, CEO or Director General of a Company that deliberately withholds +documents or information from inspectors after the Ministry or the SCA has imposed the +applicable fine in this regard, Under the Regulations on Administrative Sanctions for Acts Contrary to the Provisions of this Decree Law of the Cabinet. + + +Federal Decree Law No. (32) of 2021 on Commercial Companies 153 + Article (351 ) +Intentional Harmful Action Against Company by Liquidator +Any liquidator that intentionally takes harmful action against a Company or its shareholders, +partners or creditors shall be liable to imprisonment sentence for a term between three [3] +months and three [3] years and / or a fine between AED 50,000 [fifty thousand dirhams] +and AED 500,000 [five hundred thousand dirhams]. + +Article (352 ) +Issue of Securities in Violation of this Decree Law +Whoever issues shares, subscription receipts, interim certificates or bonds or offers them for +trading in violation of this Decree Law shall liable to imprisonment sentence for a term +between three [3] months and two [2] years and / or a fine between AED 100,000 [one hundred thousand dirhams] and AED 500,000 [five hundred thousand dirhams]. + +Article (353 ) +Providing a Loan, Guarantee or Security +A penalty of imprisonment sentence for up to three [3] months and / or a fine between AED 100,000 [one hundred thousand dirhams] and AED 500,000 [five hundred thousand +dirhams] shall apply in respect of: +2. Any Director of a Joint Stock Company that obtains for himself or for his wife or relatives +up to the second degree a loan, guarantee or security from the Company where he is a +Director, in violation of this Decree Law, and shall be required to return such loan, guarantee or security. +2. The chairman, Director, CEO or Director General of a Joint Stock Company that agrees to provide a loan, guarantee or security to a Director of the Company or to his wife or +relatives up to the second degree, in violation of this Decree Law. + + +Federal Decree Law No. (32) of 2021 on Commercial Companies 154 + Article (354 ) +Disclosure of Company's Secrets +A penalty of imprisonment sentence for up to six [6] months and / or a fine between AED +50,000 and AED 500,000 [five hundred thousand dirhams] shall apply in respect of: +1. Any person that uses information or particulars obtained from the founding committee at any stage of incorporation of the Company, legal or financial consultants, the +subscription manager, the underwriter or the parties participating in the incorporation or +their nominees. +2. A chairman, Director or other employee of the Company who uses or discloses Company +secrets or deliberately attempts to cause harm to the business of the Company. + +Article (355 ) +Manipulating Securities Prices +The chairman, Director or other employee of a Company who participates, directly or +indirectly, with any entity involved in any activities or transactions intended to influence the +prices of Securities issued by the Company shall be liable to imprisonment sentence for a +term of up to six [6] months and / or a fine between AED 1,000,000 [one million dirhams] +and AED 10,000,000 [ten million dirhams]. + +Article (356 ) +More Severe Penalties +The penalties provided for in this Decree Law shall be without prejudice to any more severe +penalty provided for in any other Law. + +Article (357 ) +Criminal Proceedings +Any criminal proceedings for the offences committed by the Company under this Decree Law shall be instituted against its legal representative. +Federal Decree Law No. (32) of 2021 on Commercial Companies 155 + Article (358 ) +Judicial Officer Capacity +Officers nominated by a resolution of the Minister of Justice in agreement with the Minister +and in coordination with the SCA or the Competent Authority, as applicable, shall have the +capacity of a judicial officer for reporting any violations of the provisions of this Decree Law +and its executive regulations and resolutions, within their respective areas of competence. + +Part Twelve +Transitional and Final Provisions +Article (359 ) +Adjustment of Affairs +1. Existing companies that are subject to this Decree Law shall have one year of the date of +entry into force of this Decree Law to adjust their affairs. Such a time limit may be +extended for a further period of similar duration by a resolution of the Cabinet based +upon the proposal of the Minister. +2. Without prejudice to the penalties provided for in this Decree Law, any Company that fails +to comply with the provisions of Clause [1] of this Article shall be considered dissolved in accordance with this Decree Law. + +Article (360 ) +Delegation +Based upon the proposal of the Minister and the approval of the Competent Authority, the +Cabinet may delegate to the competent authorities any of the powers of the Ministry +contained in this Decree Law. + +Article (361 ) +Guidelines for Company Incentives +The Cabinet shall issue the guidelines for encouraging companies to perform its corporate +Federal Decree Law No. (32) of 2021 on Commercial Companies 156 + social responsibility and implementing its phases. + +Article (362 ) +Regulations of Administrative Penalties +The Cabinet shall issue the Regulations on Administrative penalties for acts committed in +violation of the provisions of this Decree Law, its Executive Regulations and the resolutions +issued in implementation of the Decree Law, based on the proposal of the Minister - within +six [6] months of the day following its publication, according to the following controls: +1. The administrative fine shall not be less than AED 100 [one hundred dirhams] and shall +not exceed AED 10,000.00 [ten million dirhams]. +2. The administrative fine shall be doubled if the same administrative offence is repeated +but may not exceed AED 20,000.00 [twenty million dirhams]. + +Article (363 ) +Issuance of Executive Regulations and Resolutions +The executive regulations and resolutions of Federal Law No. [2] of 2015 concerning +commercial companies shall continue in full force and effect to the extent that they are not +in conflict with this Decree Law, until such time as the Ministry and the SCA issue, within +their respective areas of competence, regulations, rules and resolutions to implement this +Decree Law. + +Article (364 ) +Repeals +The above -cited Federal Law No. 2 of 2015, as well as any provision that goes against or +conflicts with the provisions of this Decree Law, shall all be repealed. + + + +Federal Decree Law No. (32) of 2021 on Commercial Companies 157 + Article (365 ) +Publication and Entry into Force +This Decree Law shall be published in the Official Gazette and shall enter into force as of +January 02, 2022 AD. + + +Khalifa Bin Zayed Al Nahyan +UAE President + +Issued by us at the Presidential Palace in Abu Dhabi +On: 13 Safar 1443 AH +Corresponding to: 20 September 2021 " +economy and business,Federal Law No. 19 of 2002 concerning the Customs Duty payable on goods and materials imported from outside the Customs Union to the GCC Countries.,"Article (1) +Without prejudice to Federal Law No. (11) of 1981 on imposing federal governmental tax on +the imported items of tobacco and derivatives and the laws amending thereof, customs duties +shall be lifted by the rates from (4%) to (5%) of the amount of the goods and commodities +calculated on the basis of delivering thereof in the arrival port at the United Arab Emirates. +This shall be applied on all foreign goods and commodities imported from outside the +Customs Federation of the countries of Gulf Cooper ation Council (GCC) as of January 1st, +2003. + +" +economy and business,Federal Law No. 19 of 2002 concerning the Customs Duty payable on goods and materials imported from outside the Customs Union to the GCC Countries.,"Article (2) + The 53 commodities that have been exempted by virtue of a Resolution issued by the Federal +Federal Law Concerning the Customs Duty payable on goods and materials imported from outside the Customs Union to the GCC Countries + 2 + Supreme Council of GCC Countries in its twentieth round (as per the attached list) shall be +exerted fro m the customs duties referred to hereinabove in article (1) in addition to the +exemptions mentioned in the Unified Customs Law. + +" +economy and business,Federal Law No. 19 of 2002 concerning the Customs Duty payable on goods and materials imported from outside the Customs Union to the GCC Countries.,"Article (3) +Any provision conflicts with or contravenes to the provisions of this Law shall be cancelled. + +" +economy and business,Federal Law No. 19 of 2002 concerning the Customs Duty payable on goods and materials imported from outside the Customs Union to the GCC Countries.,"Article (4) +This Law shall be published in the Official Gazette and shall be effective as of the date of +publishing thereof. + + + + + + + + + + + +Zayed Bin Sultan Al Nahyan +President of the United Arab Emirates + + + +Issued in the Presidency Palace of Dubai + on Shawal 21st, 1423 +Corresponding to December 25th, 2002 + +Federal Law Concerning the Customs Duty payable on goods and materials imported from outside the Customs Union to the GCC Countries + 3 + +List of the Exempted Commodities +Group + Product + Description + +Livestock +07 010200000 Livestock (cows ) +07 010400 000 Livestock (sheep and +goat) +07 01050000 Domestic livestock +(Cokes and hens, duck, +geese, turkeys, .. ) +07 01060010 Livestock used basically +for human consumption. +Edible meats, entrails +and parts +07 02010000 Fresh and frozen cows +meat +07 02021000 Fresh or frozen full or +half lamb carcasses +07 + 02042000 Fresh or frozen Veal +meat +07 + 02045011 Fresh or frozen goat +meat +07 + 02081010 + Fresh or frozen edible +meats, entrails and parts +Fishes, crustaceans, +mollusks and other +marine invertebrates. +07 03010000 Live fishes +07 + 03020000 Fresh or frozen fishes +except for fish slices and +other fish meats +Federal Law Concerning the Customs Duty payable on goods and materials imported from outside the Customs Union to the GCC Countries + 4 + mentioned in Clause 3 -4 +Vegetables, plants, roots +and tubers + +07 + 07010000 + Fresh or frozen sweet +potatoes +07 070200000 Fresh or frozen tomatoes +07 + 07030000 + Fresh or frozen onions, +shallots, garlic, leeks, +alliaceous vegetables +07 + 07040000 Fresh or frozen cabbage, +cauliflower and similar +edible brassicas. +07 + 07050000 + Fresh or frozen lettuce +((Lactuca sativa) and +endive (Cichorium) +07 + 07060000 + Fresh or frozen carrots, +turnips, salad beetroot, +salsify, celeriac, radishes +and similar edible roots +07 + 07070000 + Cucumbers and +gherkins, fresh or frozen +07 + 07080000 + Leguminous vegetables, +shelled or unshelled, +fresh or frozen +07 + 07090000 + Other vegetables, fresh +or frozen +Edible fruit and nuts; +peel of citrus fruit or +melons +07 + 08030000 + Bananas, including +plantains, fresh or dried. +Federal Law Concerning the Customs Duty payable on goods and materials imported from outside the Customs Union to the GCC Countries + 5 + 07 + 08040000 + Dates, figs, pineapples, +avocedos, guevas, +mangoes and +mangosteens, fresh or +dried. +07 + 08050000 + Citrus fruit, fresh or +dried. +07 08060000 Grapes, fresh or dried. +07 + 08070000 + Melons (including +watermelons) and +papaws (papayas), fresh. +07 + 08080000 + Apples, pears and +quinces, fresh. +07 + 08090000 + Apricots, cherries, +peaches (including +nectarines), plums and +sloes, fresh. +07 08100000 Other fresh fruits +Coffee, tea, mate and +spices +07 + 09010000 Coffee, whether or not +roasted or decaffeinated; +coffee husks and skins; +coffee substitutes +containing coffee in any +proportion. +07 + 09083000 + Cardamoms +Cereals +07 10010000 Wheat and meslin. +07 10030000 Barley. +07 10040000 Oats. +Federal Law Concerning the Customs Duty payable on goods and materials imported from outside the Customs Union to the GCC Countries + 6 + +07 10050000 Maize (corn). +07 10060000 Rice +07 + 10080000 + Buckwheat, millet and +canary seed; other +cereals. +Products of the milling +industry; malt; starches; +inulin; wheat gluten +07 11010000 Wheat or meslin flour. +07 11020000 Cereal flours other than +of wheat or meslin. +07 11030000 Cereal groats, meal and +pellets. +Oil seeds and oleaginous +fruits; miscellaneous +grains, seeds and fruit; +industrial or medicinal +plants; straw and fodder +07 + 12090000 Seeds, fruit and spores, +of a kind used for +sowing. +Sugars and sugar +confectionery +07 + 17010000 + Cane or beet sugar and +chemically pure sucrose, +in solid form. +Preparations of cereals, +flour, starch or milk; +pastrycooks' products +07 + 19011010 + Infants food based on +milk or malted milk +Federal Law Concerning the Customs Duty payable on goods and materials imported from outside the Customs Union to the GCC Countries + 7 + prepared as substitutes +of mother milk, +containing less than 5% +by weight of cocoa +Miscellaneous edible +preparations +07 + 21069070 + Sweets, gume and the +like (for diabetics, in +particular) containing +synthetic sweetening +agents ( e.g., sorbitol) +instead of sugar +Residues and waste +from the food industries; +prepared animal fodder +07 + 23040000 + Oil-cake and other solid +residues, whether or not +ground or in the form of +pellets, resulting from +the extraction of +ground -nut oil. +Printed books, +newspapers, pictures +and other products of +the printing industry; +manuscripts, typescripts +and plans +07 + 49010000 + Printed books, +brochures, Ieallets and +similar printed +matter,whether or not in +single sheets. +Federal Law Concerning the Customs Duty payable on goods and materials imported from outside the Customs Union to the GCC Countries + 8 + +07 + 49020000 + Newspapers, journals +and periodicals, whether +or not illustrated or +containing advertising +material. +Natural or cultured +pearls, precious or semi - +precious stones, +precious metals, metals +clad with precious +metal,and articles +thereof; imitation +jewellery; coin +07 + 71060000 + Gold (including gold +plated with platinum) +unwrought or in semi - +manufactured forms, or +in powder form. +07 + 71080000 + Platinum, unwrought or +in semi -manufactursd +forms, or in powder +form. +07 71100000 Coin +Nuclear reactors, boilers, +machinery and +mechanical appliances; +parts thereof +07 + 84212910 Filters for blood +purifying +Vehicles Other Than +Railway or Tramway +Federal Law Concerning the Customs Duty payable on goods and materials imported from outside the Customs Union to the GCC Countries + 9 + Rolling -Stock, and Parts +and +Accessories +07 + 87130000 + Carriages for disabled +persons, whether or not +motorised or otherwise +mechanically propelled. +07 + 87142000 + Parts and accessories of +Carriages for disabled +persons + + " +economy and business,Federal Decree by Law No. (37) of 2022 Concerning the Family Businesses,"Article (1) +Definitions +In applying the provisions of this Decree by Law, the following words and expressions shall +have the meanings assigned to each of them, unless the context stipulates otherwise: + State : United Arab Emirates + Ministry : Ministry of Economy + Minister : Minister of Economy + Companies +Law : Federal Decree by Law No. (32) of 2021 Concerning Commercial +Companies, or any other legislation to replace it + Concerned +Authorities : Federal and Local Governmental Bodies + Competent +Authority : The Local Authority concerned with Corporate Affairs in the +Concerned Emirate, including Free Zones + The Free Zone : The Financial and Non -financial Free Zone established in the State + Family : Relatives by descent and marriage + Family +Business : Every company established in accordance with the provisions of +the Companies Law. Most of its shares or stakes are owned by +people belonging to a single family. It shall be registered in the +register as a Family Business in accordance with the provisions of +this Decree by Law. The Cabinet, based on the Minister +recommendation, shall issue a resolution specifying what single +family means + +Federal Decree by Law No. (37) of 2022 On concerning the Family Businesses 3 + Articles of +Association : Articles of Association of the Family Business authenticated by the +Concerned Authorities + Family Charter : Written document that regulates the governance of family affairs +related to the Family Business, and the Family relationship with +the Family Business + Register : The unified register of Family Businesses that is established in +accordance with the provisions of this Decree by Law +Partner/ +Shareholder : Every owner of shares or stakes in the Family Business + Share : The Partner share or the shareholder shares in the Family Business + Committee : The Family Business Dispute Settlement Committee, stipulated in +article (20) of this Decree by Law + Trustee : The Trustee appointed by the Court in accordance with the +bankruptcy law, the insolvency law, or the legislation in force in +the Free Zones, as the case may be + +" +economy and business,Federal Decree by Law No. (37) of 2022 Concerning the Family Businesses,"Article (2) +Decree by Law Objectives +This Decree by Law shall aim to achieve the following: +1. Develop a comprehensive and easily reached legal framework to regulate the ownership +and governance of Family Businesses in the State, and facilitate their spread between +generations; +2. Support the continuity of Family Businesses, and enhance the private sector role in +economic growth and societal contribution in the State; +3. Provide appropriate mechanisms for dispute settlement related to Family Businesses; +and +4. Enhance the contribution of Family Businesses to the State economy and its +competitiveness. + + +Federal Decree by Law No. (37) of 2022 On concerning the Family Businesses 4 + " +economy and business,Federal Decree by Law No. (37) of 2022 Concerning the Family Businesses,"Article (3) +Scope of Application +1. The provisions of this Decree by Law shall apply to any Family Business existing in the +State at the time its provisions come into force, or Family Business established after the +commencement of this Decree by Law. Shareholders who own the majority of its shares +shall decide to register it in the Register as a Family Business in accordance with its +provisions. Family Business shall take any form of companies stipulated in the +Companies Law, including the One -Person Company, or the legislation in force in the +Free Zones, as the case may be; +2. The Joint Stock Company and the Partnership Company shall be excluded from the scope +of application of this Decree by Law; +3. The provisions of this Decree by Law shall apply to Family Businesses established in the +Free Zones to the extent that they do not conflict with the laws, regulations and +legislation of the relevant Free Zone that are applicable in relation to their organisation, +incorporation or registration therein, and all matters related thereto; and +4. The provisions of this Decree by Law shall apply to Family Businesses established within the scope of any of the Emirates of the State, unless there is local legislation in that +Emirate regulating these companies, in which case the application of the provisions of +this Decree by Law is limited to areas that are not regulated or provided for by law. The +Emirate may, through local legislation or decisions issued by the Competent Authority in +this regard, allow companies registered within its jurisdiction in the Register in accordance with the provisions of this Decree by Law. + +" +economy and business,Federal Decree by Law No. (37) of 2022 Concerning the Family Businesses,"Article (4) +Family Business Register +1. Family Businesses that meet the terms and conditions set forth in this Decree by Law shall +be registered in the Register for this purpose with the Ministry in coordination with the +Competent Authority, which may have a special Register for registering Family + +Federal Decree by Law No. (37) of 2022 On concerning the Family Businesses 5 + Businesses; +2. The Ministry shall issue a document stating that the Company is registered in the Register +as a Family Business, and any change that occurs to the Family Business data when it is +registered with the Competent Authority; and +3. The Minister, in coordination with the Competent Authority, issues a decision regarding +the data and documents included in the Register and the procedures and controls for registering the Family Business in this Register. + +" +economy and business,Federal Decree by Law No. (37) of 2022 Concerning the Family Businesses,"Article (5) +Articles of Association of the Family Business +1. the Family Business Articles of Association shall be in accordance with the provisions and +provisions contained in this Decree by Law, in addition to the provisions stipulated in the +Companies Law or the legislation in force in the Free Zones, as the case may be; and +2. The Ministry shall establish a guide Articles of Association for Family Businesses to be +consulted under the provisions of this Decree by Law. + +" +economy and business,Federal Decree by Law No. (37) of 2022 Concerning the Family Businesses,"Article (6) +Family Charter +1. the Family may have a Charter that includes rules for family ownership, goals and values, +mechanisms for evaluating shares, methods of profit distribution, educating and qualifying family members to work in the Family Business and its subsidiaries, +considering family disputes related to the Family Business, and other rules and +provisions; +2. The Charter may specify the minimum educational qualifications and practical +experience that the partners and family members shall have to work in the Family +Business and its subsidiaries. Compliance with these standards shall be subject to audit +by a committee affiliated with the Family Council, if any; +3. In the event of a conflict between the Articles of Association and the Charter, the + +Federal Decree by Law No. (37) of 2022 On concerning the Family Businesses 6 + provisions of the Articles of Association shall apply and any provision in conflict with the +Articles of Association or this Decree by Law shall be repealed from the Charter; +4. The Charter shall be approved or amended by a majority of the Family Council members, and if the Council does not exist, then by a majority of the Family partners; +5. The Family Business may deposit a copy of the Charter in the Register, and the manner of +deposit, its controls and requirements, shall be issued by a decision of the Minister; and +6. The Ministry shall prepare one or more guide Charters for the Family to consult. + +" +economy and business,Federal Decree by Law No. (37) of 2022 Concerning the Family Businesses,"Article (7) +Family Business +1. As an exception to the provisions of the Companies Law or the legislation in force in the +Free Zones, as the case may be, a Family Business may be owned by any number of +partners; +2. The Family Business capital shall consist of shares that entitle its owners to equal or +different rights in the Company profits, as agreed upon in the Articles of Association; +3. Family Business Shares may not be assigned except in accordance with the conditions stipulated in this Decree by Law; and +4. After any person joins the Family Business, accepting the provisions of its Articles of +Association and Charter. + +" +economy and business,Federal Decree by Law No. (37) of 2022 Concerning the Family Businesses,"Article (8) +The Partner Share Disposal +1. If any of the partners desires to dispose of his share in the Family Business, he shall offer +it to the rest of the partners from the Family. He may, as an exception to this, waive his +share with or without compensation to his wife or any of his relatives up to the first +degree without offering it to the rest of the partners. Neither the Charter nor the Articles +of Association provide otherwise; +2. No company may dispose of its share to a foreigner from the Family, except with the + +Federal Decree by Law No. (37) of 2022 On concerning the Family Businesses 7 + approval of partners who own at least three quarters of the capital, unless the Articles of +Association provide for another percentage. It is permissible to agree between the +partner willing to sell and the rest of the partners, provided that the desired shares are +re-allocated. Selling it as Category (B) according to the provisions of article (12) of this +Decree by Law, temporarily or permanently, as long as the Family Business exists, as a +condition to allow the sale of shares to a foreigner on behalf of the Family; +3. If a third party outside the Fam ily owns the share of one of the partners other than the +cases stipulated in Paragraph (2) of this Article, then the remaining partners may, within +(60) sixty days from the date of the third party acquisition, request the recovery of this +share. This shall be according to his share in the Family Business or more than his share +if one or more partners do not wish to recover, at the value agreed upon between them +and third parties, or at the value determined by the Committee in the event of +non -agreement. +4. In the event that none of the partners requests to redeem that share, it will be offered to +the Family Business. If this share has not been fully or partially redeemed within (30) +thirty days from the date of its offer to the Family Business, then third parties shall be +able to obtain it;In all cases, shares shall be assigned in accordance with the provisions of +this Decree by Law and the legislation in force in the State; and +5. The ownership of the share of one of the partners by third parties outside the Family in +accordance with Paragraph (3) of this Article does shall not lead to the loss of the Family +Business. The percentage of ownership of the Family members shall not fall below the +majority of the shares. + +" +economy and business,Federal Decree by Law No. (37) of 2022 Concerning the Family Businesses,"Article (9) +Redemption Right +1. In the event that one partner owns a share of no less than (90%) of the shares of the +Family Business, he shall notify the non- family partners of his desire to buy their shares. +They have the right to sell to him at the price that is agreed upon between them, or the +Committee determines in accordance with Paragraph (2) of this Article at the request of + +Federal Decree by Law No. (37) of 2022 On concerning the Family Businesses 8 + any of them in the event of disagreement; +2. The shares shall be evaluated by the Committee in accordance with the mechanism +stipulated in the Articles of Association or Charter. If the Articles of Association or +Charter do not contain such provision, the share shall be evaluated by one or more experts with financial and technical expertise selected by the Committee at the Buyer +expense; and +3. In the event that one partner owns a share of no less than (95%) of the voting shares of +the Family Business, he shall notify the rest of the Family partners of his desire to buy +their shares. They may sell to him at the price agreed upon between them, or at the price +that the Committee determines in accordance with Paragraph (2) of this Article at the +request of any of them in the event of disagreement. + +" +economy and business,Federal Decree by Law No. (37) of 2022 Concerning the Family Businesses,"Article (10) +Partner Bankruptcy or Insolvency +1. In the event of bankruptcy or insolvency of one of the partners in the Family Business, +the procedures and controls applicable in the Insolvency and Bankruptcy Laws in force +in the State shall be followed. Any other partner shall have the right to priority purchase of the partner share at the price and period determined by the Court considering in +bankruptcy or insolvency; and +2. In the event that the partners fail to own the partner share that entered into the +bankruptcy as referred to in Paragraph (1) of this Article, the provisions stipulated in the +Insolvency and Bankruptcy Laws in force in the State shall apply. + +" +economy and business,Federal Decree by Law No. (37) of 2022 Concerning the Family Businesses,"Article (11) +The Family Business Purchase of its Shares +1. A Family Business may purchase no more than 30% of its shares in the following cases: +a. Reducing its capital; +b. The purchase or redemption of some or all of the shares of one of the partners desire + +Federal Decree by Law No. (37) of 2022 On concerning the Family Businesses 9 + to sell, who is bankrupt or insolvent, and that there is no buyer of these shares +among the partners; +2. It is required in all cases to be approved by partners who represent the majority of the shares represented in the General Assembly meeting in the Family Business, unless the Articles of Association provide for another percentage. The shares purchased or +redeemed in this case shall not have a vote in the deliberations of the General Assembly +as long as they remain in The ownership of the Family Business; and +3. The Minister, in coordination with the Competent Authority, shall issue a decision +regarding the procedures for purchasing the Family Business shares, in matters not +provided for in a special provision under the provisions of the Companies Law or the +legislation in force in the Emirate or in the Free Zones, as the case may be. + +" +economy and business,Federal Decree by Law No. (37) of 2022 Concerning the Family Businesses,"Article (12) +Share Category +1. A Family Business may issue two Categories of shares: +a. Share (A) entitle its owner to obtain profits and vote in the Company General +Assembly; and +b. Share (B) entitle its owner to exclusively obtain profits without the right to vote. +2. The Articles of Association may stipulate the conditions governing the transfer of share (B) into share (A) or vice versa with time or any other condition. It may also provide for the division of share (A) or (B) into Categories according to the number of votes or the +profits allocated to it. The sum of these shares shall equal the total shares of the Company; and +3. Pursuant in Paragraphs (1) and (2) of this Article, the Family Business may provide in the +Articles of Association for other categories of shares that differ in terms of value, voting +power, profits, priority rights and other rights or privileges. The partner liability shall be +to the extent in conformity with the rights and privileges assigned to each of these shares. The Minister, in coordination with the Competent Authority, shall issue a +decision specifying the terms and conditions relating to the various share categories. + +Federal Decree by Law No. (37) of 2022 On concerning the Family Businesses 10 + " +economy and business,Federal Decree by Law No. (37) of 2022 Concerning the Family Businesses,"Article (13) +Profits Allocation +The Family Business shall allocate a portion of its annual profits at the end of each fiscal year +to its partners, each in proportion to his share in it, unless the Articles of Association +stipulate otherwise. + +" +economy and business,Federal Decree by Law No. (37) of 2022 Concerning the Family Businesses,"Article (14) +Family Business Management +1. The Family Business shall be managed by a Director appointed in the Articles of Association. In the absence of a provision for this in the Articles of Association, he can be +appointed by a subsequent decision of partners who own at least (51%) of the shares represented in the meeting of the General Assembly, unless Articles of Association +stipulates another percentage. This Director may be one or more persons, whether from +the partners themselves or from others, and may also be a legal person. If there is more +than one Director of the Family Business, at least one of them shall be a natural person; +2. The Articles of Association of the Family Business with limited liability may stipulate the +formation of a BOD to manage the Family Business, and its members are named in the +Articles of Association. Articles of Association Rules, controls, and conditions governing +the formation of the BOD, its powers, term of membership, fees for its members, their +dismissal, appointment of replacements, the mechanism for making its decisions, its +committees, and their powers, determining personal and objective criteria appropriate to membership of the BOD and its affiliated committees, and other issues; +3. The BOD – if any – shall have a Chairman, and the Director of the Family Business in +this case follows the Chairman of the BOD in his capacity as a representative of the BOD, unless the Articles of Association stipulates otherwise. The membership of the BOD with +the management of the Family Business may be combined. The Chairmanship of the +BOD with the Management of the Family Business shall not be combined; and +4. The Director or member of the BOD shall be of legal age, full capacity, of good conduct, + +Federal Decree by Law No. (37) of 2022 On concerning the Family Businesses 11 + and possessing the knowledge and experience that could reasonably be expected from +another person in the same position. + +" +economy and business,Federal Decree by Law No. (37) of 2022 Concerning the Family Businesses,"Article (15) +Director Competences +1. Unless the Company Director appointment contract, Articles of Association or bylaws restrict the powers granted to the Director, he may exercise the powers and duties +necessary to manage the Family Business, including the following: +a. Executive management of the Family Business; +b. Distribute the profits of the Family Business in the form decided by the Company +General Assembly as stipulated in the Articles of Association and this Decree by Law; +c. Deduct from the profits or benefits payable to any partner, the amounts that may be +owed by that partner in favour of the Family Business; +d. Represent the Family Business before the Committee, the judiciary and others; +e. Seek the assistance of whomever he deems appropriate to assist him in managing +the Family Business; +f. Any other powers stipulated in the Articles of Association that do not conflict with the purposes of the Family Business and the laws in force in the State. +2. In the event of the death of one of the partners, the Director of the Company shall, unless +the Articles of Association provide otherwise, take the place of the Trustee over the +shares of the deceased partner. The Director of the Company shall supervise the +procedures for transferring their ownership to his heirs, each according to his legal share. +The Director of the Company shall take measures to amend the Articles of Association, +after settling any Rights or debts that may be related to these shares in favour of the +Family Business or third parties. + + + + +Federal Decree by Law No. (37) of 2022 On concerning the Family Businesses 12 + " +economy and business,Federal Decree by Law No. (37) of 2022 Concerning the Family Businesses,"Article (16) +Director Obligations +1. Subject to the obligations stipulated in the Companies Law, the Director shall exercise +the necessary care and diligence to manage the Family Business, and in particular, he +shall comply with the following: +a. The Director shall not own or manage, directly or indirectly, for his own account or +for the account of others, any economic activity that competes with the activity of the +Family Business or its subsidiaries, unless the Articles of Association stipulate or the +majority of partners agree otherwise; +b. The Director shall submit to the partners an annual report of his management of the +Family Business; +c. The Director shall borrow in his personal name against the guarantees of the assets +of the Family Business; +d. The Director shall not dispose of the Family Business assets except within the limits +to achieve the purposes of the partnership and is permitted by the Articles of Association; and +e. Any other obligations stipulated in the Articles of Association. +2. The Director, in his management of the Family Business, shall take into account in +particular: +a. Fair in dealing with all partners and not prioritising the interest of one partner over +another; +b. Independent in his opinion, free from whims and personal interests, and to put the interest of the Family Business above any other consideration; +3. Without prejudice to the penalties prescribed in accordance with the legislation in force in the State, if it is proven that the Director has violated any of the obligations or responsibilities stipulated in this Decree by Law or the Companies Law, it is permissible +to request his dismissal or compel him to pay compensation, if necessary, by a court +ruling, unless he Articles of Association did not provide otherwise. + + +Federal Decree by Law No. (37) of 2022 On concerning the Family Businesses 13 + " +economy and business,Federal Decree by Law No. (37) of 2022 Concerning the Family Businesses,"Article (17) +Director Dismissal +The Director shall be dismissed in the cases specified in the appointment contract or in the +Articles of Association according to the same conditions for which he was appointed. If he is +appointed for an indefinite period by an express provision in the Articles of Association, he +may only be dismissed by the same majority required to amend the Articles of Association. + +" +economy and business,Federal Decree by Law No. (37) of 2022 Concerning the Family Businesses,"Article (18) +Family Affairs Governance +1. Family affairs may be regulated in relation to its relationship with the Family Business, +through the establishment and organisation of the work of Councils and committees, +such as the Family Association, the Family Council and the Family Office. They shall be +concerned with – each in the field of tasks assigned to him – in managing family affairs +and legalising their relationship with the Family Business. This shall include education, +training its members and their work in the Family Business and its subsidiaries and their +own entrepreneurship initiatives. It is concerned with separating the ownership and +governance of the Family assets from the ownership and governance of the Family +Business. It supervises the Family investments, organises its charitable works and community contribution initiatives, and contributes to controlling conflicts of interest +and reconciliation. It shall Consider disputes that may arise between family members +and between them and partners; and +2. The Ministry shall set rules and regulations related to regulating the governance of the +Family Business and the Family, clarifying its terms of reference and other issues. + +" +economy and business,Federal Decree by Law No. (37) of 2022 Concerning the Family Businesses,"Article (19) +Settlement of Family Business Disputes +1. The Articles of Association or the Charter may include a provision according to which a +BOD of partners, family members or third parties will be formed, the purpose of which is + +Federal Decree by Law No. (37) of 2022 On concerning the Family Businesses 14 + to consider disputes that may arise between partners, between them and family +members, and between these and the Family Business, and an attempt to reconcile them, +and specifies members of this Council, its powers and mechanisms for managing its +sessions and issuing its recommendations; +2. If the Articles of Association or the Charter does not include a provision regarding the +formation of the Board in accordance with Paragraph (1) of this Article, or if the Board +has not succeeded in its conciliation endeavours within a maximum period of (3) three months from the date the dispute was presented to it – unless an extension is made +during this period by agreement – or it was agreed between the parties to the dispute +not to refer their differences to that board, unless the Articles of Association stipulate +otherwise. All disputes between partners, and between them and family members, and +between them and the Family Business, that may arise from the Articles of Association or +the management or ownership of the Family Business, or the application of the +provisions of this Decree by Law, by the Committee; +3. The Committee shall decide on the appeal within a maximum period of (3) three +months, which may be extended for a similar period at a reasoned request from the Concerned Parties. This committee has the right to take the necessary preventive and +urgent measures it deems appropriate to maintain the continuity of the Family Business, +and to prevent the interruption of its business or affecting its reputation or its financial position throughout the period of consideration of the dispute; +4. The Committee decisions shall be subject to appeal to the Competent Court in the State; +5. As an exception to the competence of the Committee stipulated in Paragraph (2) of this +Article, the parties to the dispute may agree on the following: +a. Refer to Arbitration in accordance with the legislation in force in the State; +b. Refer to the existing courts in the financial Free Zones in the State; +6. The Committee shall provide the Ministry with an annual report on the disputes brought +to it and the outcome of these disputes during the year. + + + +Federal Decree by Law No. (37) of 2022 On concerning the Family Businesses 15 + " +economy and business,Federal Decree by Law No. (37) of 2022 Concerning the Family Businesses,"Article (20) +Family Business Dispute Settlement Committee +A committee shall be established in each emirate called the ""Family Business Dispute +Resolution Committee"" by a decision of the Minister of Justice or the head of the local +judicial authority, as the case may be. Family Business. When the Committee considers +Family Business disputes that are presented to it, it may seek the assistance of whomever it +deems appropriate to be experienced and specialised. + +" +economy and business,Federal Decree by Law No. (37) of 2022 Concerning the Family Businesses,"Article (21) +Settlement of Family Business Disputes in Financial Free Zones +The settlement of disputes related to Family Businesses registered in the financial Free Zones shall be subject to the legislation in force in these zones. + +" +economy and business,Federal Decree by Law No. (37) of 2022 Concerning the Family Businesses,"Article (22) +Interpretation of the Articles of Association and Charter +1. In the absence or ambiguity of the explicit text in the Articles of Association or the +Charter, the Articles of Association and the Charter shall be interpreted in accordance +with the common intention of the Founders of the Family Business and its partners, and +the goals and objectives for which it was established in a manner that helps its +continuity, development, good management, smooth transition and disassociation from +it and stay away from conflicts and their preservation from one generation to the next; and +2. If the Articles of Association or Charter includes a condition or provision that is inconsistent with the provisions of this decree by law or the legislation in force in the state or public order, the contract or Charter shall remain valid and the condition or +provision shall be invalid. + + + +Federal Decree by Law No. (37) of 2022 On concerning the Family Businesses 16 + " +economy and business,Federal Decree by Law No. (37) of 2022 Concerning the Family Businesses,"Article (23) +Expiry of the Family Business or its Expiry from the Register +1. the Family Business shall cease to be a company if persons from outside the Family own +the majority of its shares that have the right to vote in accordance with the provisions of +this Decree by Law. At that time, the Family Business shall be cancelled from the Register +at the request of any interested party or by a decision of the Competent Authority. The +Company shall continue in the form it was It exists on it before it acquires the status of a +Family Business, and its Articles of Association shall be amended accordingly. Any +disputed issues related to this transition process shall be referred to the Committee; +2. For the termination of the Family Business in accordance with Paragraph 1 of this Article, +part of whose capital consists of category (B) share, the Company shall offer to purchase +these shares at the price determined by the Committee, unless the Seller and the +Company agree on another price. Under the agreement, the Company shall reconcile its +positions in accordance with the Companies Law; +3. The character of the Family Business shall not be extinguished by the death, interdiction, bankruptcy or insolvency of one of the partners, unless otherwise agreed upon in the +Articles of Association. Insolvency, to amend the Company status in accordance with this +Decree by Law and the Companies Law, and this period may be extended by a decision +of the Competent Authority; and +4. If the partners who own at least three quarters of the Family Business capital, decide to +request the Ministry to cancel the Family Business from the Register in accordance with the provisions of this Decree by Law. + +" +economy and business,Federal Decree by Law No. (37) of 2022 Concerning the Family Businesses,"Article (24) +Correct Actions +1. For the purposes of implementing the provisions of this Decree by Law, the organisation of family members for the provisions of ownership and transfer of shares or assets of the +Family Business under the provisions of this Decree by Law or the laws in force in the + +Federal Decree by Law No. (37) of 2022 On concerning the Family Businesses 17 + Free Zones. Whether this is through sale, donation or usufruct, is not in violation of the +provisions of the Persons Status Law referred to, whenever it is accomplished during the +life of the acting partner; +2. The heir has the right to remain in the Family Business as a partner to the extent of his +inherited share, or to dispose of his share, provided that this disposal takes into account +the provisions of article (8) of this Decree by Law; and +3. The procedures, transactions and actions that took place before the Family Business was +entered in the Register under any previous legislation, shall remain valid. + +" +economy and business,Federal Decree by Law No. (37) of 2022 Concerning the Family Businesses,"Article (25) +Family Businesses Advantages and Incentives +1. The Cabinet – based on the Minister proposal and after coordination with the +Concerned Authorities and the Competent Authorities – to issue what it deems as +decisions regarding the benefits and incentives granted to Family Businesses Registered in the Register, and the controls and conditions related to these benefits and incentives; +and +2. The Competent Authority in the Emirate may grant any other benefits and incentives to +Family Businesses in accordance with the controls and conditions issued in this regard. + +" +economy and business,Federal Decree by Law No. (37) of 2022 Concerning the Family Businesses,"Article (26) +Application of the Provisions of the Commercial Companies Law +1. Subject to the legislation in force in the Free Zones, Family Businesses shall be subject to the provisions of the Companies Law and other applicable legislation, in everything that +is not specifically provided for in this Decree by Law; and +2. The Family Business shall not be considered a new form to be added to the forms of +Commercial Companies mentioned in the aforementioned Companies Law. + + + +Federal Decree by Law No. (37) of 2022 On concerning the Family Businesses 18 + " +economy and business,Federal Decree by Law No. (37) of 2022 Concerning the Family Businesses,"Article (27) +Repeals +Any provision that violates or contradicts the provisions of this Decree by Law shall be +repealed. + +" +economy and business,Federal Decree by Law No. (37) of 2022 Concerning the Family Businesses,"Article (28) +Publication and Entry into Force of the Decree by Law +This Decree by Law shall be published in the Official Gazette and shall come into force three (3) months after the day following the date of its publication. + + + + +Mohammed Bin Zayed Al Nahyan +President of the United Arab Emirates + + +Issued by us at the Palace of the Presidency in Abu Dhabi: +On: Rabi' al- Awwal 7, 1444 H +Corresponding to: October 3, 2022. + + " +economy and business,Federal Law No ( 13 ) of 2004 Regarding Supervision of Import Export and Transit of Rough Diamonds,"Article (1) +In application of the provisions of this law, and unless otherwise requires, the following +words and expressions shall have the meanings cited against them below: +Country : The United Arab Emirates. +Ministry : The Ministry of Economy and Commerce. +Concerned +Authority : The Customs Authority in the Concerned Emirate. +Kimberley : The International Certification Scheme, Concerning International +Union Law No (13) of 2004 Regarding Supervision of Import / Export and Transit of Rough Diamonds 2 + Process Trading of Rough Diamonds. +Concerned Party +of Participant : Ministry of Economy and Commerce. +Diamond : The natural mineral consisting of crystallized carbon within the +isometric system, characterized by relative resistance to scratch +(10) and a specific gravity of about (3.52) and refractive index of +(2.42). +Rough Diamonds : + Un-worked or simply sawn or split or trimmed diamonds, and +fall under the Relevant Harmonized Commodity Description and +Coding System Nos. (7102 -10), (7102- 21), (7102- 31) +mentioned in Kimberley process. +Conflict +Diamonds : Rough diamonds used by rebel movements or their allies to +finance conflict aimed at destabilizing legitimate governments, +per relevant applied International Security Council resolutions or +any other resolutions the Council may adopt in the future, and in +accordance with the United Nations General Assembly +Resolution No (55/56) or any similar resolution the General +Assembly may adopt in the future. +Country of +Origin : The country where a shipment of rough diamonds has been +mined or extracted. +Country of +Provenance : The last participant country from where a shipment of rough +diamonds was exported) as recorded on import documentation. +Export : Taking out of any part of the geographic territory of the country. +Exporting +Authority : The authority designated by the participant from whose territory +the rough diamond shipment shall leave and which is authorized +to validate the Kimberley process certificate. +Import : Bringing into any part of the geographic territory of the country. +Importing +Authority : + The authority or authorities designated by the participant into +whose territory the rough diamond shipment shall be imported, +Union Law No (13) of 2004 Regarding Supervision of Import / Export and Transit of Rough Diamonds 3 + and who completes all import procedures, particularly the +verification of the attached Kimberley certificate. +Country +Certificate : Kimberly process certificate issued by the concerned authority in +the country. +Kimberley +Process +Certificate : A document resistant to abuse and forgery, with a special form +which indicates that the rough diamond shipment meets the +Kimberley process requirements . +Parcel : One or more parcel of diamonds which are packed together and +not individually. +Participant : Any country or an international organization, or an +un-independent region linked to a country, or a customs region +to which the Kimberley Process applies. +Shipment : One or more parcels which are physically imported or exported. +Transit : The physical passage across the territory of the participant or +non -participant, with or without transshipment or storing or +changing means of transportation or otherwise, whereby such +passage is only part of a complete journey, starting and ending +beyond the frontiers of the participant or non -participant. +Inspector : The person assigned by the concerned party and relevant +authority to act as a commissioner with regard to crimes +committed by violating the provisions of this law, bylaws and +decisions issued for the implementation of its provisions. + +Chapter Two + Powers of the Council of Ministers and the Minister +" +economy and business,Federal Law No ( 13 ) of 2004 Regarding Supervision of Import Export and Transit of Rough Diamonds,"Article (2) +Within the framework of the provisions of this law, the Minister is empowered to carry out +the following : - +1. Amending the list containing the participants in Kimberley process. +Union Law No (13) of 2004 Regarding Supervision of Import / Export and Transit of Rough Diamonds 4 + 2. Publishing the information contained in the applications submitted to obtain the country +certificate or the information gathered during inspection, per the provisions of this law. +3. Gathering, classifying and utilizing statistics, relating to country certificates and Kimberley certificates which are attached to diamond import into the country, for the purpose of analysis and study, or to exchange with other participants and to publish the number of +those certificates. +4. Identifying the prepared method or form to submit applications to obtain the certificate, +authenticate it and identify its contents and its validity. +5. Identifying the method, form and data which must be contained in the application submitted to the concerned authority, per the provisions of this law. +6. Establishing the conditions to be met by containers used in import/export of rough diamonds. +7. Identifying the records which must be maintained by individuals who import/export rough, diamonds. + +" +economy and business,Federal Law No ( 13 ) of 2004 Regarding Supervision of Import Export and Transit of Rough Diamonds,"Article (3) +Entry and exit points for importing and exporting rough diamonds to and from the country shall be determined by a resolution from the Council of Ministers, per a proposal by the +Minister. + +" +economy and business,Federal Law No ( 13 ) of 2004 Regarding Supervision of Import Export and Transit of Rough Diamonds,"Article (4) +Due charges, regarding issuing, replacing or authenticating country certificates shall be determined by a resolution from the Council of Ministers, per a proposal by the minister. + +Chapter Three +Regulation for Rough Diamond Import +" +economy and business,Federal Law No ( 13 ) of 2004 Regarding Supervision of Import Export and Transit of Rough Diamonds,"Article (5) +Import of rough diamonds into the country is prohibited unless the two following conditions +are met: +Union Law No (13) of 2004 Regarding Supervision of Import / Export and Transit of Rough Diamonds 5 + 1. Import must be accompanied by Kimberley certificate, certified by the participant's +concerned party and containing correct information. +2. Rough diamonds must be imported in tamper resistant containers and duly sealed by the concerned party of the participant. + +" +economy and business,Federal Law No ( 13 ) of 2004 Regarding Supervision of Import Export and Transit of Rough Diamonds,"Article (6) +The concerned authority must ensure not to tamper with the certificate before its authentication and to return it to the importer to maintain it, as it is considered a licence to +acquire imported rough diamonds. + +" +economy and business,Federal Law No ( 13 ) of 2004 Regarding Supervision of Import Export and Transit of Rough Diamonds,"Article (7) +The concerned authority must send the import receipt to the export party when necessary or +when requested to do so. + +" +economy and business,Federal Law No ( 13 ) of 2004 Regarding Supervision of Import Export and Transit of Rough Diamonds,"Article (8) +The concerned authority, per the provisions of this law, may order the individual who imported rough diamonds to return the diamonds to the participant, if it arrived into the +country, accompanied by Kimberley certificate, but. in an opened cargo. + +" +economy and business,Federal Law No ( 13 ) of 2004 Regarding Supervision of Import Export and Transit of Rough Diamonds,"Article (9) +The concerned authority must open the containers to ensure conformity with the data +contained in Kimberley process certificate. + +" +economy and business,Federal Law No ( 13 ) of 2004 Regarding Supervision of Import Export and Transit of Rough Diamonds,"Article (10) +1. If the concerned authority discovered the inaccuracy or unconformity of the cargo contents with Kimberley certificate, attached to the rough diamonds, the said authority must +carry out the following: +a- To confiscate the cargo immediately. +b- To send the relevant information to the concerned party of the participant, which issued +Union Law No (13) of 2004 Regarding Supervision of Import / Export and Transit of Rough Diamonds 6 + or authenticated the confiscated cargo certificate. +2. If the matter is the result, of un -intended mistake, the concerned authority, in consultation +with the concerned party of the participant which issued or authenticated the certificate, +may correct the mistake and continue with the checking procedures. +3. The concerned authority) which attached the cargo in other cases) must return the cargo +to the concerned party in the country of origin) if it can be identified) otherwise the said +authority must confiscate the cargo) auction it and transfer the proceeds) after deducting the sale cost) to the concerned party of the participant) to be used in enhancing the +authentication system) contained in Kimberley process. + +" +economy and business,Federal Law No ( 13 ) of 2004 Regarding Supervision of Import Export and Transit of Rough Diamonds,"Article (11) +No person - natural or juridical - is allowed to import or export rough diamonds to and from +the country except through the entry or exit points identified thereby. + +Chapter Four +Regulation for Rough Diamond Export +" +economy and business,Federal Law No ( 13 ) of 2004 Regarding Supervision of Import Export and Transit of Rough Diamonds,"Article (12) +Export of rough diamonds from the country is prohibited unless the two following +conditions are met: +1. Export must be accompanied by the country certificate, per the. requirements of +Kimberley process. +2. Export must be in tamper resistant containers and duly sealed by the concerned authority. + +" +economy and business,Federal Law No ( 13 ) of 2004 Regarding Supervision of Import Export and Transit of Rough Diamonds,"Article (13) +1. The concerned authority, while authenticating the country certificate, must take the +following into consideration: +a- The exporter must submit concrete evidence that the rough diamonds, he intends to +export, have been imported per the terms and conditions laid in this law, or that the +diamonds were in the country prior to the issuance of this law. +Union Law No (13) of 2004 Regarding Supervision of Import / Export and Transit of Rough Diamonds 7 + b- The data contained in the certificate are accurate and that the rough diamonds shall be +exported to the participant in Kimberley process. +c- The assigned charges for issuing the certificate must be collected. +2. The concerned authority must not authenticate the certificate except after sealing the +container which contains the rough diamonds. +3. The concerned authority shall hand over the authenticated certificate to the exporter. + +" +economy and business,Federal Law No ( 13 ) of 2004 Regarding Supervision of Import Export and Transit of Rough Diamonds,"Article (14) +When receiving the application to obtain the country certificate to export rough diamonds, +the concerned authority may carry out the following : - +1. Handing the certificate if the application meets the conditions laid in article (13) of this +law. +2. Notifying the applicant, in writing, about the reasons for an incomplete application. The executive bylaws of this law shall specify the period for completion of the application, +during which it must be completed, otherwise it will be rejected. +3. Rejecting the application which does not meet the conditions laid in article (13) of this +law and notifying the applicant) identifying the reasons for rejection. + +" +economy and business,Federal Law No ( 13 ) of 2004 Regarding Supervision of Import Export and Transit of Rough Diamonds,"Article (15) +The concerned authority may consider the statement signed by the exporter as concrete evidence that th e import of rough diamonds into the country is legal, if the exporter is a +member in an organization which represents rough diamond traders, and which has contributed to establishing the system of warrantees and the self -regulation of the industry, +for the purpose of executing Kimberley process, and it (the organization) is listed in the list prepared by the concerned party of the participant for this purpose. This statement must also contain the information contained in the invoice, per the terms and provisions +mentioned in the bylaws and decisions issued in executing the provisions of this law. + + +Union Law No (13) of 2004 Regarding Supervision of Import / Export and Transit of Rough Diamonds 8 + " +economy and business,Federal Law No ( 13 ) of 2004 Regarding Supervision of Import Export and Transit of Rough Diamonds,"Article (16) +The concerned authority must attach the shipment of diamonds, intended for export, in case +there is no concrete evidence that the conditions laid in articles (13) and (15) of this law are +met. + +" +economy and business,Federal Law No ( 13 ) of 2004 Regarding Supervision of Import Export and Transit of Rough Diamonds,"Article (17) +The concerned authority, before authenticating the certificate, must inspect the rough +diamonds, intended for export, to ensure that they conform with the data contained in the +certificate, particularly with regard to weight and value. + +Chapter Five +Regulation for Rough Diamond Transit Outside the Country +" +economy and business,Federal Law No ( 13 ) of 2004 Regarding Supervision of Import Export and Transit of Rough Diamonds,"Article (18) +1. The concerned authority may attach rough diamonds in transit in the country if not +accompanied by Kimberley certificate or are in an opened container. +2. The concerned authority may order to return rough diamonds, crossing through the country and accompanied by Kimberley certificate, to the participant who issued the certificate if the diamonds arrive in an opened container. + +Chapter Six +Self -Regulation of the Industry +" +economy and business,Federal Law No ( 13 ) of 2004 Regarding Supervision of Import Export and Transit of Rough Diamonds,"Article (19) +The organizations, which represent rough diamond traders and which contributed to the +establishment of the system of warrantees and self - regulation of the industry for the +purposes of executing Kimberley process, may submit an application to the Minister to be listed in the list prepared for this purpose, per the terms and provisions contained in the +bylaws and decisions issued for the execution of the provisions of this law. + +Union Law No (13) of 2004 Regarding Supervision of Import / Export and Transit of Rough Diamonds 9 + Chapter Seven +Disposing of Attached Items +" +economy and business,Federal Law No ( 13 ) of 2004 Regarding Supervision of Import Export and Transit of Rough Diamonds,"Article (20) +The commissioner - while attaching or seizing rough diamonds or any other related items - +must identify the reasons which led him to attach or seize the diamonds. + +" +economy and business,Federal Law No ( 13 ) of 2004 Regarding Supervision of Import Export and Transit of Rough Diamonds,"Article (21) +The attached rough diamonds or other related items may be kept at the place where they +were attached or to be moved to a safer location.. + +" +economy and business,Federal Law No ( 13 ) of 2004 Regarding Supervision of Import Export and Transit of Rough Diamonds,"Article (22) +1. Taking into account the provision of item (3) of this article, it is not allowed to continue attaching the rough diamonds and other related items, after the concerned authority +decides that the diamonds and these items do not violate the provisions of this law. +2. It is not allowed to sue the owner or beneficiary (of rough diamonds), per the provisions +of this law after the passage of (3) months from the date of attachment of the rough +diamonds or other related items. The concerned authority, in this case, must return the +diamonds or those items to the owner or the beneficiary at the time of attachment. +3. If a lawsuit is submitted against the owner or the beneficiary, per the provisions of this law, it is then allowed to extend the attachment period of the rough diamonds or other +related items until the completion of the court case. The owner or beneficiary may then +approach the general prosecution or the court, requesting lifting of attachment. +4. If the court finds the accused innocent, it may order that the attached rough diamonds or +other related items be returned to the owner or beneficiary at the time of attachment. +5. If the court finds the accused guilty, it may, in addition to any penalty it enforces per the +provisions of this law, order the attachment of rough diamonds or other related items. + + + +Union Law No (13) of 2004 Regarding Supervision of Import / Export and Transit of Rough Diamonds 10 + Chapter Eight +Penalties + " +economy and business,Federal Law No ( 13 ) of 2004 Regarding Supervision of Import Export and Transit of Rough Diamonds,"Article (23) +1. Without breaching any other stricter penalty, per any other law, a punishment by +imprisonment for a period not exceeding (6) months, and a fine not exceeding One +Hundred Thousand UAE Dirhams (AED 100,000), or either of the two punishments, shall +apply to whoever brings or attempts to bring into the country or take outside the country, or +attempts to take out of the country, by violating the provisions of this law, for the purpose of smuggling it, in addition to confiscating the rough diamonds and instrumentalities thereby +and other items used in smuggling or are intended to be used thereof, +2. It is not allowed to confiscate ships, whose load exceeds two hundred tons, or public +transportation means and airplanes. +3. The owner of the rough diamonds and attached items, or the person with whom the items +are found, or the owner of transportation means shall be notified of the confiscation order. +Whoever is concerned may appeal the order in front of the concerned court within thirty +(30) days from the date of his formal notification thereof. + +" +economy and business,Federal Law No ( 13 ) of 2004 Regarding Supervision of Import Export and Transit of Rough Diamonds,"Article (24) +Without breaching any other stricter penalty, per any other law, a punishment by +imprisonment for a period not exceeding six (6) months and a fine not exceeding one +hundred thousand UAE dirhams (AED 100.000), or either of the two punishments, shall +apply to whoever : - +1. Gave verbal or written or electronic incorrect information, regarding any data or other document for the purpose of obtaining a country certificate to export rough diamonds, while knowing that the information is incorrect. +2. Submitted to the concerned authority, or used, while applying to obtain the country certificate, any statement or other document, which contains incorrect information, while aware of its incorrectness. +3. Concealed any basic/important information with regard to any of the procedures, related +Union Law No (13) of 2004 Regarding Supervision of Import / Export and Transit of Rough Diamonds 11 + to the country certificate. + +" +economy and business,Federal Law No ( 13 ) of 2004 Regarding Supervision of Import Export and Transit of Rough Diamonds,"Article (25) +Except for the crimes stated in articles (23) and (24) of this law, a punishment by +imprisonment for a period not exceeding one month and a five not exceeding Ten Thousand +Dirhams (AED 10,000), or any of the two penalties, shall apply to whoever violates any +other provision of the provisions of this law. + +" +economy and business,Federal Law No ( 13 ) of 2004 Regarding Supervision of Import Export and Transit of Rough Diamonds,"Article (26) +It is not allowed to file a lawsuit or carry out any investigatory processes in crimes, which are +committed by violating the provisions of this law, except through a written request from the +concerned authority. + +" +economy and business,Federal Law No ( 13 ) of 2004 Regarding Supervision of Import Export and Transit of Rough Diamonds,"Article (27) +The concerned authority has the right to waive the criminal law suit at any time before a +final judgment is issued in its regard, and in case of numerous suspects, the waiver with +regard to one suspect entails the rest of suspects. + +Chapter Nine +Powers of the Commissioners of the Concerned Authority +" +economy and business,Federal Law No ( 13 ) of 2004 Regarding Supervision of Import Export and Transit of Rough Diamonds,"Article (28) +The Minister of Justice shall, in agreement with the Minister and in coordination with the +Proper Authorities, issue a decree enumerating the employees possessing the capacity of +Judicial Officers in the field of inspection, provided that among such employees shall be +persons having experience in diamond with a view to verifying compliance with the application of the provisions of this Law, and such employees shall have the right to prove +whatever occurs in violation of the provisions, regulations and decrees implementing this +Law. + +Union Law No (13) of 2004 Regarding Supervision of Import / Export and Transit of Rough Diamonds 12 + " +economy and business,Federal Law No ( 13 ) of 2004 Regarding Supervision of Import Export and Transit of Rough Diamonds,"Article (29) +The commissioner is particularly empowered to carry out the following : - +1. To review the papers, scripts, records, correspondence, contracts and accounts of +whichever nature, if they or related directly or indirectly to import and export of rough +diamonds to and from the country, including commercial books, banking documents and +computer systems. The commissioner may seize them when they are related to a crime +committed by violating the provisions of this law. +2. To enter and inspect any place or means of transportation -except homes - when the +commissioner has reasons to believe that the rough diamonds, record, accounting book or +document to which this law applies, is available at that place or instrumentality. +3. To open any parcel or container when he has reasons to believe that they contain +anything stated in the previous item (2 above). +4. To examine rough diamonds, or other related items. +5. To process and carry out analysis of rough diamonds, without affecting its value. +6. To seize items related to rough diamond crimes, as well as means of transportation used +in committing such crimes, except for public transportation means, airplanes and ships, +whose registered loads exceed two hundred tons. +7. To seek help from the general authority. + +Chapter Ten +General Provisions +" +economy and business,Federal Law No ( 13 ) of 2004 Regarding Supervision of Import Export and Transit of Rough Diamonds,"Article (30) +The concerned party of the participants seeks to ensure the best execution of the international Kimberley process for authentication, regarding international trading in rough +diamonds, particularly through cooperation with participants in this process. In order to +achieve this goal, and without breaching communication channels followed in the country, +the concerned party may exchange information with other participants, with regard to +trading in rough diamonds and conflict diamonds, and cooperate with them in supervising +the activities related to this trade. +Union Law No (13) of 2004 Regarding Supervision of Import / Export and Transit of Rough Diamonds 13 + " +economy and business,Federal Law No ( 13 ) of 2004 Regarding Supervision of Import Export and Transit of Rough Diamonds,"Article (31) +The concerned party of the participant maintains a database, regarding the judgments, +issued by courts, with regard to crimes committed in violation of the provisions of this law. + +" +economy and business,Federal Law No ( 13 ) of 2004 Regarding Supervision of Import Export and Transit of Rough Diamonds,"Article (32) +The implementation of the provisions of this law does not breach any of the customs procedures applied in the country . + +" +economy and business,Federal Law No ( 13 ) of 2004 Regarding Supervision of Import Export and Transit of Rough Diamonds,"Article (33) +The Minister issues the bylaws and decisions, which are necessary for the execution of the provisions of this law. + +" +economy and business,Federal Law No ( 13 ) of 2004 Regarding Supervision of Import Export and Transit of Rough Diamonds,"Article (34) +This law shall be published in the Official Gazette and shall come into force from the date of its publication. + + +Zayed Bin Sultan AI Nahyan +President of the United Arab Emirates + +Promulgated by us at the Presidential Palace /Abu Dhabi +On: 20/ 07 /2004 + Hijri Georgian : 02 / Jumada 11/1425 + + " +economy and business,Federal Law No. 17 of 2004 concerning fighting commercial cover,"Article (1) +In implementation of this Law, the following words and expressions shall have the meanings +shown, unless the context would require otherwise: +State : The United Arab Emirates +Ministry : The Ministry of Economy & Commerce +Minister : The Minister of Economy & Commerce +Competent Authority : The local authority in the respective Emirate +Committee : The Commercial Anti- Fronting Committee +Fronting : Enabling a foreigner - whether a natural or artificial person - to +undertake any economic or professional activity, which he is +not permitted to carry out under the effective laws and decrees +of the State, whether undertaken on his own account or in +collusion with others; or enabling him to evade obligations +applicable to him'. +Fronter : Any natural or artificial person who enables a +foreigner —whether a natural or artificial person —to +undertake any economic or professional activity which is +prohibited for him to undertake within the State. +Fronting Person : Any foreigner —whether a natural or artificial person —who +undertakes any economic or professional activity, which is +prohibited for him to undertake within the State, with the +assistance of the Fronter. + +" +economy and business,Federal Law No. 17 of 2004 concerning fighting commercial cover,"Article (2) + Fronting shall be prohibited for any foreigner —whether a natural or artificial +person —and whether by use of the name, commercial license or [registration information +within the] Commercial Register of the Fronter, or by any other means in light of the +definition of Fronting provided for in article (1) of this Law . +Federal Law No. 6 of 2010 on Credit Information 3 + " +economy and business,Federal Law No. 17 of 2004 concerning fighting commercial cover,"Article (3) +Without prejudice to any greater sanction imposed by any other law, the Fronter shall be +subject to a fine not to exceed one hundred thousand dirhams, and such fine shall be +multiplied by the number of Fronting activities. In case of a recurrence [of such fronting +activities], the sanction shall be imprisonment of the Fronter for a period not to exceed two +years, with a fine of one hundred thousand dirhams. +The Fronting Person shall be subject to the same sanctions, along with deportation from the +State, after the imposition of such sanctions and his discharge of related obligations. + +" +economy and business,Federal Law No. 17 of 2004 concerning fighting commercial cover,"Article (4) +Conviction, in accordance with the provisions of the preceding Article, shall result in the removal of the Fronter from registration within the Commercial Registry regarding the +Fronting activity, revocation of the license granted to him, and the barring of his undertaking +such activity for a period not to be less than two years and not to exceed five years from the +date of the judgment. Summary of the judgment shall be published, at the cost of the +convicted person, in two daily newspapers published within the State, provided that one of them is in the Arabic language. + +" +economy and business,Federal Law No. 17 of 2004 concerning fighting commercial cover,"Article (5) +The concerned officials overseeing the execution of the provisions of this Law, and the implementing decrees thereof, shall be determined by decree of the Minister of Justice, +Islamic Affairs & Pious Foundations, in accord with the Minister and the Competent +Authority, and they shall have the capacity of judicial officers in establishing violations of the +provisions of this Law, and the implementing bylaws and decrees thereof, and they shall +therefore have the right to review all records and documents of the related economic and +professional activities. + +" +economy and business,Federal Law No. 17 of 2004 concerning fighting commercial cover,"Article (6) +The Minister shall issue the necessary bylaws and decrees to execute the provisions of this +Federal Law No. 6 of 2010 on Credit Information 4 + Law, in coordination with the Competent Authority. + +" +economy and business,Federal Law No. 17 of 2004 concerning fighting commercial cover,"Article (7) +This Law shall be published in the Official Gazette and shall be in force three years from the +date of its publication. + + +Zayed Bin Sultan Al Nahyan +President of the United Arab Emirates + +Issued by us in the Presidential Palace: +Date: 18th of Ramadan, 1425 +Corresponding to: 1st of November, 2004 + + " +economy and business,Cabinet Resolution No. (102) of 2022 Promulgating the Administrative Penalties Regulations Regarding Acts Committed in Violation of the Provisions of Federal Decree by Law No. (32) of 2021 regarding Commercial Companies,"Article (1) +Definitions +In applying the provisions of this Resolution, the following words and expressions shall have +the meanings assigned to each of them, unless the context requires otherwise: +State : United Arab Emirates. +Ministry : Ministry of Economy. +Minister : Minister of Economy. +Authority : Securities and Commodities Authority (SCA). +Competent +Authority : The local authority concerned with corporate affairs in the +concerned Emirate. Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 2 + Decree -Law : Federal Decree -Law No. (32) of 2021 regarding Commercial +Companies. +Working Day : The official working day of the ministries, government agencies and +the relevant Competent Authority. + +" +economy and business,Cabinet Resolution No. (102) of 2022 Promulgating the Administrative Penalties Regulations Regarding Acts Committed in Violation of the Provisions of Federal Decree by Law No. (32) of 2021 regarding Commercial Companies,"Article (2) +Scope of Application +1. The provisions of this Resolution apply to: (i) commercial companies established in the +State; (ii) foreign companies; (iii) branches of foreign companies; (iv) Representative +Offices, and (v) Investment Funds that are subject to the provisions of the Decree -Law and +the decisions and regulations issued in implementation thereof; and (vi) foreign +companie s based in the State and carries out any activity therein, or establishes a branch +or Representative Office therein. +2. The provisions of this Resolution do not apply to: (i) companies exempted from the +provisions of the Decree -Law; (ii) professional, civil and foreign companies; and (iii) +companies operating in free zones. + +" +economy and business,Cabinet Resolution No. (102) of 2022 Promulgating the Administrative Penalties Regulations Regarding Acts Committed in Violation of the Provisions of Federal Decree by Law No. (32) of 2021 regarding Commercial Companies,"Article (3) +Administrative Penalties +1. Without prejudice to any harsher penalty or procedure provided for in the Decree -Law, the +Ministry or the Competent Authority, each in accordance with its competence, may impose +one or more of the following administrative penalties on whoever commits any of the acts +that violate the provisions of the Decree -Law and the decisions and regulations issued for +its implementation contained in the Schedule attached to this Resolution according to the +following gradation : +a. In the event of a first -time violation, a written warning notice shall be sent to the +violator, and they shall be given a period not exceeding (3 0) thirty days that starts on +the date on which the written warning notice was sent, to correct the violation. +b. In the event of a second -time violation, the administrative fine shall be imposed in +accordance with the Schedule attached to this Resolution . Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 3 + c. In the event of a third -time violation, the administrative fine shall be doubled in +accordance with the Schedule attached to this Resolution. +d. In the event of a fourth -time violation, the administrative fine shall be tripled in +accordance with the Schedule attached to this Resolution, and the violating company +shall be subjected to temporary administrative closure for a period not exceeding (6) +six months. Such period is renewable for one time only. +e. Revocation of the licence and approval issued to the violator or those responsible for +the violator, provided that the violator bears the expenses and costs of removing and +treating the damage resulting from the violation in the event that such violation is not +removed or treate d. +2. Taki ng into account Clause (1) of this Article, the Ministry or the Competent Authority, +each in accordance with its competence, may impose the most severe administrative +penalty and not follow the gradation referred to in Clause (1) of this Article, in case o f +serious violations, and it is left to its discretion to estimate the appropriate administrative +penalty in accordance with the nature of the violatio n. +3. The value of the administrative fines mentioned in the Schedule attached to this +Resolution shall be c ollected in accordance with the mechanism determined by the +Ministry of Finance after coordination with the Minister, the Chairman of the Authority, or +the head of the Competent Authority. +4. The Ministry or the Competent Authority, each in accordance with its competence, may +double the administrative fines for acts commit ted in violation of the provisions of the +Decree -Law contained in the Schedule attached to this Resolution in the event of +recidivism or recurrence of the violation. +5. For the p urposes of collecting the value of the administrative fine mentioned in the +Schedule attached to this Resolution, any part of the day is considered a full day and any +part of the month is considered a full month. + + Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 4 + " +economy and business,Cabinet Resolution No. (102) of 2022 Promulgating the Administrative Penalties Regulations Regarding Acts Committed in Violation of the Provisions of Federal Decree by Law No. (32) of 2021 regarding Commercial Companies,"Article (4) +Provisions Concerning Violations Falling within the Jurisdiction of the +Authority +1. Without prejudice to any harsher penalty or procedure provided for in the Decree -Law, the +Authority may impose one or more of the following administrative penalties o n whoever +commits any of the acts that violate the provisions of the Decree -Law and the decisions +and regulations issued for its implementation that fall within its jurisdiction and contained +in the Schedule attached to this Resolution according to the fol lowing gradation : +a. In the event of a first -time violation, a written warning notice will be sent to the violator +and they will be given a period not exceeding (30) thirty days, counted from the date +the written warning notice was sent, to correct th e violation. +b. In the event of a second -time violation, the administrative fine shall be imposed in +accordance with the Schedule attached to this Resolution. +c. In the event of a third -time violation, the administrative fine imposed for the second - +time violation shall be doubled. +d. In the event of a fourth -time violation, the administrative fine imposed for the second - +time violation shall be tripled. +e. Revocation or suspension of the license and approval issued to the violator or thos e +responsible for the violator, provided that the violator bears the expenses and costs of +removing and treating the damage resulting from the violation in the event that such +violation is not removed or treated. +2. As an exception to Clause (1) of this Article, if the incident subject of the violation relates +to formal procedures or, is subject to its discretion, the Authority may warn the violating +person and instruct them to correct and avoid a recurrence of the incident in the future. +3. The Aut hority is allowed not to follow the gradation referred to in Clause (1) of this Article +in the case of serious violations, and it shall be left to its discretion to estimate the +appropriate administrative penalty in accordance with the nature of the violat ion. +4. The fine imposed by the Authority on the violating person must be paid within the +payment deadline specified by the Authority. It may impose a daily late payment fine of Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 5 + (1,000) one thousand dirhams for each day of late payment beyond the specified date, +provided that the total of the delay fines does not exceed the imposed fine. +5. Without prejudice to the maximum limit of financial fines stipulated in the Decree -Law, the +Authority may impose an administrative fine in an amount equal to or greater than the benefit +or profits achieved by the violator, or the losses they avoided, or equal to the value of the +damage incurred as a result of the violation. +The administrative penalties that fall within the competence of the Authority and are +mentioned in this Resolution shall apply to the violations that occurred after its effective date, +as well as the violations that occurred from the effective date of the provisions of the Decree - +Law and were not decided upon by the Authority until the date on which this Resolution takes +into force. +For the purposes of collecting the value of the administrative fine mentioned in this Article, +any part of the day is considered a full day and any part of the month is considered a full +month. + +" +economy and business,Cabinet Resolution No. (102) of 2022 Promulgating the Administrative Penalties Regulations Regarding Acts Committed in Violation of the Provisions of Federal Decree by Law No. (32) of 2021 regarding Commercial Companies,"Article (5) +Grievances Against Administrative Penalties +1. The Ministry, the Authority, or the Competent Authority, each in accordance with its +competence, shall notify the violating company of the decision imposing the +administrative penalty [on such company] within (15) fifteen days from the date of its +issuance. +2. Each person with t he capacity and interest may file a grievance against the administrative +penalty with the Minister, the Chairman of the Board of Directors of the Authority, the +head of the Competent Authority, or whomever authorized by them, within (30) thirty +days from t he date of being notified of the contested decision, provided that the grievance +is reasoned and accompanied by all supporting documents. The grievance shall be decided +on within (30) thirty days from the date of its submission and in accordance wi th the +procedures in force at the Ministry, the Authority or the Competent Authority. Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 6 + 3. The decision issued regarding such grievances shall be final. Failure to respond to a given +grievance within (30) thirty days from the date of its submission shall be deemed a +rejection thereof. +4. After the expiration of the period stipulated in Clause (2) of this Article, no grievance +against the decision imposing the administrative penalty may be accepted . + +" +economy and business,Cabinet Resolution No. (102) of 2022 Promulgating the Administrative Penalties Regulations Regarding Acts Committed in Violation of the Provisions of Federal Decree by Law No. (32) of 2021 regarding Commercial Companies,"Article (6) +Amendment of Fines +The Cabinet is responsible for making any amendments to the amount of fines contained in +the Schedule attached to this Resolution, by way of addition, deletion or modification. + +" +economy and business,Cabinet Resolution No. (102) of 2022 Promulgating the Administrative Penalties Regulations Regarding Acts Committed in Violation of the Provisions of Federal Decree by Law No. (32) of 2021 regarding Commercial Companies,"Article (7) +Repealing +The Cabinet Resolution No. (78) of 2022 Promulgating the Administrative Penalties +Regulations regarding Acts Committed in Violation of the Provisions of Federal Decree -Law +No. (32) of 2021 regarding Commercial Companies is hereby repealed. Any provision that +contradicts or conflicts with the provisions of this Resolution is also hereby repealed. + +" +economy and business,Cabinet Resolution No. (102) of 2022 Promulgating the Administrative Penalties Regulations Regarding Acts Committed in Violation of the Provisions of Federal Decree by Law No. (32) of 2021 regarding Commercial Companies,"Article (8) +Publication and Enforcement +This Resolution shall be published in the Official Gazette and shall come into force from the +date of such publication. + +Mohammed bin Rashed Al -Maktoom +Prime Minister + +Issued by us: +On: 9 Rabi` al -Akhir 1444 AH +Corresponding to : 4 November 2022 AD Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 7 + Schedule Attached to Cabinet Resolution No. 102 of 2022 +Concerning the Administrative Penalties Regulations Concerning Acts +Committed in Violation of the Provisions of Federal Decree -Law No. (32) of +2021 Concerning Commercial Companies + +A. Violations and Penalties Related to Commercial Companies: + +SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +1 Violation of +the Rules of +Governance Article +(7) - - - The fines +specified by the +Authority shall +apply to the +Company +whose violation +of the rules of +governance is +proven, +provided that +the financial +fine does not +exceed +(10,000,000) +ten million +dirhams. Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 8 + SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +2 Failure to +Observe the +Percentage of +the +Contribution +of the State's +Citizens in +Accordance +with the +Activities that +have a +Strategic +Impact. Article +(10) A fine of +(50,000) fifty +thousand +dirhams shall +be imposed on +any Company +that violates the +provisions +governing the +State citizens' +shareholding +percentage in +the companies’ +capital. A fine of +(100,000) one +hundred +thousand +dirhams shall +be imposed on +any Company +that violates the +provisions +governing the +State citizens' +shareholding +percentage in +the companies’ +capital or the +State citizens' +percentage in +companies’ +Boards of +Directors. A fine of +(150,000) one +hundred and +fifty thousand +dirh ams shall +be imposed on +any Company +that violates the +provisions +governing the +State citizens' +shareholding +percentage in +the companies’ +capital or the +State citizens' +percentage in +companies’ +Boards of +Directors. A fine of +(200,000) two +hundred +thousand +dirhams shall +be imposed on +any Company +that violates the +provisions +governing the +State citizens' +shareholding +percentage in +the companies’ +capital or the +State citizens' +percentage in +companies’ +Boards of +Directors. Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 9 + 3 Non - +Compliance of +the Sharia +Controller and +Members of +the Internal +Sharia Control +Committee Article +(11) A fine of +(5,000) five +thousand +dirhams shall +be imposed on +the Sharia +Controller and +every member +of the Internal +Sharia Control +Committee of +companies that +operate in +accordance +with the +provisions of +Islamic Sharia, +who fails to +comply with +the cont rols for +practising their +work, which are +issued by a +resolution of +the Cabinet . A fine of +(7,000) seven +thousand +dirhams shall +be imposed on +the Sharia +Controller and +every member +of the Internal +Sharia Control +Committee of +companies that +operate in +accordance +with the +provisions of +Islamic Sharia, +who fails to +comply with +the controls for +practising their +work, which are +issued by a +resolution of +the Cabinet . A fine of +(10,000) ten +thousand +dirhams shall +be imposed on +the Sharia +Controller and +every member +of the Internal +Sharia Control +Committee of +companies that +operate in +accordance +with the +provisions of +Islamic Sharia, +who fails to +comply with +the controls for +practising their +work, which are +issued by a +resolution of +the Cabinet . A fine of +(50,000) fifty +thousand +dirhams shall +be imposed on +the Sharia +Controller and +every member +of the Internal +Sharia Control +Committee of +companies that +operate in +accordance +with the +provisions of +Islamic Sharia, +who fails to +comply with +the co ntrols for +practising their +work, which are +issued by a +resolution of +the Cabinet . +4 Non - +Compliance +with the +Decision to +Change the Article +(12) A fine of (500) +five hundred +dirhams per +month shall be +imposed on any A fine of (500) +five hundred +dirhams per +month shall be +imposed on any A fine of (1 000) +one thousand +dirhams per +month shall be +imposed on any A fine of (1000) +one thousand +dirhams per +month shall be +imposed on any Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 10 + SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +Company's +Trade Name Company that +fails to comply +with the +decision to +change the +Company's +trade name. +This fine shall +begin to be +calculated after +the lapse of a +period of (30) +thirty Working +Days from the +date of +notification of +the decision, +provided that +the total of such +fines does not +exceed (5,000) +five thousand +dirhams +annually. Company that +fails to comply +with the +decision to +change the +Company's +trade name. +This fine shall +begin to be +calculated after +the lapse of a +period of (30) +thirty Working +Days from the +date of +notification of +the decision, +provided that +the total of such +fines does not +exceed (5,000) +five thousand +dirhams +annually. Company that +fails to comply +with the +decision to +change the +Company's +trade name. +This fine shall +begin to be +calculated after +the lapse of a +period of (30) +thirty Working +Days from the +date of +notification of +the decision, +provided that +the total of such +fines does not +exceed +(10,000) ten +thousand Company that +fails to comply +with the +decisio n to +change the +Company's +trade name. +This fine shall +begin to be +calculated after +the lapse of a +period of (30) +thirty Working +Days from the +date of +notification of +the decision, +provided that +the total of such +fines does not +exceed +(10,000) ten +thousand Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 11 + SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +dirhams +annually. dirhams +annually. +5 Failure to +Keep +Accounting +Registers Article +(26) A fine of +(10,000) ten +thousand +dirhams shall +be imposed on +any Company +that fails to +keep its +Accounting +Registers +showing its +transactions. A fine of +(15,000) fifteen +thousand +dirhams shall +be imposed on +any Company +that fails to +keep its +Accounting +Registers +showing its +transactions. A fine of +(20,000) +twenty +thousand +dirhams shall +be imposed on +any Company +that fails to +keep its +Accounting +Registers +showing its +transactions. A fine of +(100,000) one +hundred +thousand +dirhams shall +be imposed on +any Company +that fails to +keep its +Accounting +Registers +showing its +transactions. +6 Publication of +the Invitation +for Public +Subscription, +without the +Approval of +the Authority, +in any Shares, +Bonds , or any Article +(32) - - - A fine ranging +from (500,000) +five hundred +thousand +dirhams to +(10,000,000) +ten million +dirhams shall +be imposed on Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 12 + SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +Other +Securities, +Regardless the +Means of +Publication: in +Daily +Newspapers, +Magazines, or +in any Public +Advertising +Medium in the +State any natural or +legal person +proved to have +committed the +said violation, +in accordance +with the +circumstances +and conditions +of the incident. +7 Company's +Data and +Documents & +Stakeholders' +Access Denial Article +(44) + +And +Article +(100) + +And +Article +(144) A company that +fails to keep the +following data +and documents +shall be fined +an amount of +(1,000) one +thousand +dirhams: +1. A record +containing the +names and A fine of +(5,000) five +thousand +dirhams shall +be imposed on +any Company +that refuses to +let the +Shareholder +have access to +the minutes of +the meetings of A fine of +(10,000) ten +thousand +dirhams shall +be imposed on +any Company +that refuses to +let the +Shareholder +have access to +the minutes of +the meetings of A fine of +(100,000) one +hundred +thousand +dirhams shall +be imposed on +any Company +that refuses to +let the +Shareholder +have access to +the minutes of Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 13 + SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +addresses of +the +Shareholders. +2. A copy of the +Company's +Memorandum +of Association +and any +amendments +thereto. +3. A statement +of the monetary +amounts and +the nature and +value of any +assets +contributed by +each +Shareholder +and the dates of +the +contributions. +4. Any other +data, the Company's +General +Assembly, +books and +documents, or +any doc uments +or papers +related to a deal +that the +Company +concluded with +one of the +Stakeholders. the Company's +General +Assembly, +books and +documents, or +any documents +or papers +related to a deal +that the +Company +concluded with +one of the +Stakeholders or +any Company +that fails to +publish a copy +of its +Memorandum +of Association +and Articles of +Association on +its website. the meetings of +the Company's +General +Assembly, +books and +documents, or +any document s +or papers +related to a deal +that the +Company +concluded with +one of the +Stakeholders or +any Company +that fails to +publish a copy +of its +Memorandum +of Association +and Articles of +Association on +its website. Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 14 + SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +documents or +records +imposed by the +provisions of +the Decree -Law +and its +implementing +decisions. +8 Failure To +Invite a +Director or a +Member of the +Board of +Directors to +the Board's +Meetings Article +(104) + +And +Article +(156) - A fine of (3000) +three thousand +dirhams shall +be imposed on +any Director, +Chairman of +the Board of +Directors, or +their +representative +in the Company +who fails to +invite a +Member of the +Board of +Directors to the A fine of (8000) +eight thousand +dirhams shall +be imposed on +any Director, +Chairman of +the Board of +Directors, or +their +representative +who fails to +invite a +Member of the +Board of +Directors to the A fine of +(100,000) one +hundred +thousand +dirhams shall +be imposed on +any Director, +Chairman of +the Board of +Directors, or +their +representative +who fails to +invite a +Member of the +Board of Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 15 + SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +Board's +meetings. Board's +meetings. Directors to the +Board's +meetings. +9 Company's +Founders +Subscribe to +the Shares +Offered for +Public +Subscription Article +(117) - - - A fine of +(500,000) five +hundred +thousand +dirhams shall +be imposed on +every +[Company’s ] +Founder who +subscribes to +Shares offered +for Public +Subscription. +10 Receiving +Public +Subscription +Without the +Approval of +the Authority Article +(122) - - - Every entity or +company that +receives +Subscription +funds in Shares, +Bonds or any +other securities, +in accordance Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 16 + SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +with the +conditions and +circumstances +of the incident, +shall be fined +an amount +ranging from +(500,000) five +hundred +thousand +dirhams to +(10,000,000) +ten million +dirhams. +11 Delay in +Allocating the +Shares to the +Subscribers +Within the +Specified +Period (5 +Working Days +from the +Closing of the Article +(126) - - - A fine of +(500,000) five +hundred +thousand +dirhams shall +be imposed on +the entity that +fails to allocate +Shares to +Subscribers Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 17 + SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +Subscription) +or Delay in +Refunding the +Amounts in +Excess of the +Subscription +and the +Accrued +Returns to the +Subscribers +within (5) +Working Days +from the Date +of Allocating +the Shares within the +specified period +or fails to +refund the +surplu s +amounts and +returns accrued +therefrom +within the +specified +period. +12 Failure of the +Company’s +Board of +Directors, +within (10) ten +Working Days +from the Date +of the +Constituent Article +(133) - - A fine of +(20,000) +twenty +thousand +dirhams shall +be imposed on +any Company +whose Board of +Directors, A fine o f +(100,000) one +hundred +thousand +dirhams shall +be imposed on +any Company +whose Board of +Directors, Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 18 + SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +General +Assembly +Meeting, to +Submit an +Application to +the Ministry or +the Authority +Accompanied +with +Supporting +Documents to +Issue a +Certificate of +Incorporation +of the +Company within (10) ten +Working Days +from the date of +the Constituent +General +Assembly +meeting, fails to +submit an +application to +the Ministry +accompanied +with supporting +documents to +issue a +Certificate of +Incorporation +of the +Company. within (10) ten +Working Days +from the date of +the Constituent +General +Assembly +meeting, fails to +submit an +application to +the Authority +accompanied +with supp orting +documents to +issue a +Certificate of +Incorporation +of the +Company. +13 Failure of the +Company’s +Board of +Directors, +within (10) ten +Working Days Article +(135) - - A fine of +(20,000) +twenty +thousand +dirhams shall +be imposed on A fine of +(100,000) one +hundred +thousand +dirhams shall +be imposed on Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 19 + SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +from the Date +the Ministry or +Authority +Issues the +Company’s +Certificate of +Incorporation, +to Take +Measures to +Register it +with the +Competent +Authority any Company +whose Board of +Directors fails, +within (10) ten +Working Days +from the d ate +the Ministry +issues the +Company's +Certificate of +Incorporation, +to take +measures to +register it with +the Competent +Authority. any Company +whose Board of +Directors fails, +withi n (10) ten +Working Days +from the date +the Authority +issues the +Company's +Certificate of +Incorporation, +to take +measures to +register it with +the Competent +Authority. +14 Company's +Failure to List +Itself in a +Financial +Market Article +(137) - - - A fine of (2000) +two thousand +dirhams per +day shall be +imposed on any +Company that +fails to list itself +in one of the Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 20 + SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +Financial +Market licensed +in the State. The +calculation of +this fine begins +for each day of +delay after the +lapse of the +specified period +for listing. +15 Violation of +the Authority's +Regulations +Governing the +Company's +keeping of its +Shareholders' +Register Article +(141) - - - A fine of +(100,000) one +hundred +thousand +dirhams shall +be imposed on +any Company +proved to have +violated the +regulations +governing the +Company's +keeping of its Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 21 + SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +Shareholders' +Register. +16 Violation of +the Provisions +Relating to the +Formation of +Boards of +Directors Article +(143) +AND +Article +(144) - - A fine of +(10,000) ten +thousand +dirhams shall +be imposed on +any Company +proved to have +violated the +provisions +relating to the +formation of +Boards of +Directors. A fine of +(200,000) two +hundred +thousand +dirhams shall +be imposed on +any Company +proved to have +violated the +provisions +relating to the +formation +Boards of +Directors. +17 Failure to +Comply with +the Prescribed +Procedures +When the +Position of a +Member of the +Board of Article +(145) - - A fine of +(10,000) ten +thousand +dirhams shall +be imposed on +any Company +that fails to +comply with A fine of +(200,000) two +hundred +thousand +dirhams shall +be imposed on +any Company +that fails to Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 22 + SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +Directors +Become s +Vacant the prescribed +procedures +when the +position of a +Member of the +Board of +Directors +becomes +vacant. comply with +the prescribed +procedures +when the +position of a +Member of the +Board of +Directors +becomes +vacant. +18 Violation of +the +Procedures for +Nomination to +the +Membership +of Boards of +Directors Article +(147) - - A fine of +(10,000) ten +thousand +dirhams shall +be imposed on +any Company +proved to have +violated the +procedures for +nomination for +membership of +Boards of +Directors. A fine of +(200,000) two +hundred +thousand +dirhams shall +be imposed on +any Company +proved to have +violated the +procedures for +nomination for +membership of +Boards of +Directors. Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 23 + SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +19 Being a +Member of the +Boards of +Directors of +More than +Five Joint - +Stock +Companies +Based in the +State Article +(149) Shall be fined +an amount of +(5,000) five +thousand +dirhams any +Member of the +Board of +Directors of a +Company who +exceeds the +maximum limit +prescribed for +the number of +memberships +of the Boards of +Directors of +Joint -stock +Companies +based in the +State. Shall be fined +an amount of +(10,000) ten +thousand +dirhams any +Member of the +Board of +Directors of a +Company who +exceeds the +maximum limit +prescribed for +the number of +memberships +of the Boards of +Directors of +Joint -stock +Companies +based in the +State. +20 Same person +Occupying +More Than +Two Positions Article +(149) - - Shall be fined +an amount of +(10,000) ten +thousand Shall be fined +an amount of +(100,000) one +hundred Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 24 + SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +of Chairman or +Vice -Chairman +of the Board of +Directors of +Two Joint - +Stock +Companies +Based in the +State dirhams any +Member of the +Board of +Directors of a +Company +proved to have +exceeded the +specified +number of +occupying the +positions of +Chairman or +Vice -Chairman +of the Board of +Directors of a +Joint -stock +Company +based in the +State. thousand +dirhams any +Member of the +Board of +Directors of a +Company +proved to have +exceeded the +specified +number of +occupying the +positions of +Chairman or +Vice -Chairman +of the Board of +Directors of a +Joint -stock +Company +based in the +State. +21 Being a +Managing +Director of +More than a Article +(149) - - Shall be fined +an amount of +(10,000) ten +thousand Shall be fined +an amount of +(100,000) one +hundred Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 25 + SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +Company +Based in the +State dirhams any +Managing +Director proved +to have +occupied more +than one +position as a +Managing +Director in a +Joint -stock +Company +based in the +State. thousand +dirhams any +Managing +Director proved +to have +occupied more +than one +position as a +Managing +Director in a +Joint -stock +Company +based in the +State. +22 Board +Member's +Failure to +Report an +Incident of +Conflict of +Interest Article +(150) Shall be fined +an amount of +(50,000) fifty +thousand +dirhams any +Member of the +Board of +Directors of the +Company who +fails to report Shall be fined +an amount of +(200,000) two +hundred +thousand +dirhams any +Member of the +Board of +Directors of the +Company who Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 26 + SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +an incident of +conflict of +interest. fails to report +an incident of +conflict of +interest. +23 Failure to +Comply with +the Prescribed +Procedures +Regarding the +Prohibited +Dispositions +of +Stakeholders Article +(152) - - Shall be fined +an amount of +(50,000) fifty +thousand +dirhams any +Stakeholder +proved to have +failed to comply +with the +prescrib ed +procedures +regarding +prohibited +dispositions of +Stakeholders. Shall be fined +an amount of +(200,000) two +hundred +thousand +dirhams any +Stakeholder +proved to have +failed to comply +with the +prescribed +procedures +regarding +prohibited +dispositions of +Stak eholders. +24 Company’s +Board of +Directors Article +(154) - - A fine of +(10,000) ten +thousand +dirhams shall A fine of +(100,000) one +hundred +thousand Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 27 + SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +Abuses its +Powers be imposed on +any Chairman +or Member of +the Board of +Directors of the +Company +proved to have +abused their +powers. dirhams shall +be imposed on +any Chairman +or Member of +the Board of +Directors of the +Company +proved to have +abused their +powers. +25 Chairman of +the Board of +Directors' +Absolute +Delegation of +Their +Competencies +to Any Other +Member of the +Board of +Directors Article +(155) - - A fine of +(50,000) fifty +thousand +dirhams shall +be imposed on +any Chairman +of the Board of +Directors of the +Company who +has absolutely +delegated all +their +competencies +to any other A fine of +(200,000) two +hundred +thousand +dirhams shall +be imposed on +any Chairman +of the Board of +Directors of the +Company who +has absolutely +delegated all +their +competencies Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 28 + SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +Member of the +Board of +Directors. to any other +Memb er of the +Board of +Directors. +26 Board of +Directors' +Absolute +Delegation of +its +Competencies +to the +Chairman of +the Board Article +(155) - - A fine of +(50,000) fifty +thousand +dirhams shall +be imposed on +any Member of +the Board of +Directors +proved to have +absolutely +delegated all +the +competencies +of the Board of +Directors to the +Chairman of +the Board of +Directors of the +Company. A fine of +(200,000) two +hundred +thousand +dirhams shall +be imposed on +any Member of +the Board of +Direc tors +proved to have +absolutely +delegated all +the +competencies +of the Board of +Directors to the +Chairman of +the Board of +Directors of the +Company. Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 29 + SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +27 Failure to +Comply with +the Controls +Governing +Deputizing a +Member of the +Board of +Directors in +Board +Meetings Article +(160) - - A fine of +(5,000) five +thousand +dirhams shall +be imposed on +any Chairman +or Member of +the Board of +Directors of a +Company +proved to have +failed to comply +with the +stipulated +controls +governing +deputizing a +Board Mem ber +to the Board's +meetings. A fine of +(100,000) one +hundred +thousand +dirhams shall +be imposed on +any Chairman +or Member of +the Board of +Directors of the +Company +proved to have +failed to comply +with the +stipulated +controls +governing +deputizing a +Board Member +to the Board' +meetings. +28 Failure to Call +the Annual +General Article +(173) - A fine of +(5,000) five +thousand A fine of +(30,000) thirty +thousand A fine of +(200,000) two +hundred Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 30 + SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +Assembly to +Convene dirhams shall +be imposed on +any Director or +Chairman of +the Board of +Directors, or +their +representative +in the +Company, who +fails to invite +the Annual +General +Assembly of the +Company to +convene within +the period +specified in the +Decree -Law, or +if they invite +the Annual +General +Assembly of the +Company to dirhams shall +be imposed on +any Chairman +of the Board of +Directors, or +their +representative, +who fails to +invite the +Annual General +Assembly of the +Company to +convene within +the period +specif ied in the +Decree -Law, or +if they invite +the Annual +General +Assembly of the +Company to +convene before +obtaining the thousand +dirhams shall +be imposed on +any Chairman +of the Board of +Directors or +Member +thereof who +fails to invite +the Annual +General +Assembly of the +Company to +convene within +the period +specified in the +Decree -Law, or +if they invite +the Annual +General +Assembly of the +Company to +convene before +obtaining the Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 31 + SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +convene before +obtaining the +approval of the +Competent +Authority. approval of the +Ministry. approval of the +Authority. +29 Failure to +Comply with +the Conditions +and Controls +Governing +Serving the +Invitation to +the General +Assembly +Meeting Article +(174) - - A fine of +(10,000) ten +thousand +dirhams shall +be imposed on +any Company +that fails to +comply with +the conditions +and controls +governing +serving the +invitation to the +General +Assembly +Meeting. A fine of +(100,000) one +hundred +thousand +dirhams shall +be imposed on +any Company +that fails to +comply with +the conditions +and controls +governing +serving the +invit ation to the +General +Assembly +Meeting. +30 Failure to +Invit e the Article +(178) - A fine of +(10,000) ten A fine of +(50,000) fifty A fine of +(200,000) two Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 32 + SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +General +Assembly to +Convene at +the Request of +the Authority, +the Ministry or +the +Competent +Authority thousand +dirhams shall +be imposed on +any Company +Director, or +Chairman of +the Board of +Directors, or +their +representative, +who fails to +invite the +General +Assembly to +convene after +receiving a +request to do so +from the +Competent +Authority. thousand +dirhams shall +be imposed on +any Chairman +of the Board of +Director s, or +their +representative, +who fails to +invite the +General +Assembly to +convene after +receiving a +request to do so +from the +Ministry. hundred +thousand +dirhams shall +be imposed on +the any +Chairman of +the Board of +Directors, or +their +representative, +who fails to +invite the +General +Assembly to +convene after +receiving a +request to do so +from the +Authority. +31 Specified Data +in Accordance +with the +Provisions of Article +(189) - - A fine of +(5,000) five +thousand +dirhams shall A fine of +(50,000) fifty +thousand +dirhams shall Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 33 + SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +the Decree - +Law Not +Included in +the Minutes of +the General +Assembly +Meeting be imposed on +any Company +that fails to +include the +legally specified +data in the +minutes of the +meeting of its +General +Assembly. be imposed on +any Company +that fails to +include the +legally specified +data in the +minutes of the +meeting of its +General +Assembly. +32 Failure to +Implement the +General +Assembly 's +Resolutions Article +(191) - - A fine of +(10,000) ten +thousand +dirhams shall +be imposed on +any Chairman +of Board of +Directors of a +Company +proved to have +failed to +implement the +resolutions of +the General A fine of +(200,000) two +hundred +thousand +dirhams shall +be imposed on +any Chairman +of Board of +Directors of a +Company +proved to have +failed to +implement the +resolutions of Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 34 + SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +Assembly of the +said Company. the General +Assembly of the +said Company. +33 Disposing of +Stocks or +Shares in +Violation of +the Provisions +of the Decree - +Law Article +(211) Shall be fined +an amount of +(10,000) ten +thousand +dirhams, +whoever +disposes of +Stocks in +contravention +of the rules set +forth in the +Decree -Law. Shall be fined +an amount of +(20,000) +twenty +thousand +dirhams, +whoever +disposes of +Stocks in +contravention +of the rules set +forth in the +Decree -Law. Shall be fined +an amount of +(50,000) fifty +thousand +dirhams, +whoever +disposes of +Shares in +contravention +of the rules set +forth in the +Decree -Law. Shall be fined +an amount of +(200,00 0) two +hundred +thousand +dirhams, +whoever +disposes of +Shares in +contravention +of the rules set +forth in the +Decree -Law. +34 Breach of the +Rules Relating +to the +Company's +Purchase of its +Own Shares +(Treasury +Shares) Article +(221 ) - - A fine of +(20,000) +twenty +thousand +dirhams shall +be imposed on +any Company +that violates A fine of +(500,000) five +hundred +thousand +dirhams shall +be imposed on +any Company +that violates Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 35 + SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +one of the rules +related to the +Company's +purchase of its +own Shares +(Treasury +Shares). one of the rules +related to the +Company's +purchase of its +own Shares +(Treasury +Shares). +35 Company or +Any of its +Subsidiaries +Provides +Material +Assistance to +Any Person to +Enable Such +Person to Own +Any Securities +Issued by the +Company Article +(224 ) - - A fine of +(15,000) fifteen +thousand +dirhams shall +be imposed on +any Company +or any of its +subsidiaries +proved to have +provided +material +assistance to +any person to +enable such +person to own +any securities A fine of +(200,000) two +hundred +thousand +dirhams shall +be imposed on +any Company +or any of its +subsidiaries +proved to have +provided +material +assistance to +any person to +enable such +person to own +any securities Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 36 + SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +issued by the +Com pany. issued by the +Company. +36 Violation of +Prescribed +Share +Certificates +Obligations Article +(229 ) - - - A fine of +(200,000) two +hundred +thousand +dirhams shall +be imposed on +any Company +that breaches +the obligations +prescribed in +respect of Share +Certificates. +37 Breach of +Rules of +Issuance of +Bonds or +Sukuk Articles +from +(231) to +(236) - - A fine of +(50,000) fifty +thousand +dirhams shall +be imposed on +any Company +that violates +one of the rules +of the issuance A fine of +(200,000) two +hundred +thousand +dirhams shall +be imposed on +any Company +that violates +one of the rules +of the issuance Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 37 + SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +of Bonds or +Sukuk . of Bonds or +Sukuk . +38 Violation of +Rules of +Preparation of +Financial Year +Accounts Article +(237 ) - - A fine of +(50,000) fifty +thousand +dirhams shall +be imposed on +any Chairman +or Member of +the Board of +Directors of a +Company +proved to have +violated the +rules of the +preparation of +the Financial +Year Accounts. +The same fine +shall be +imposed on the +Auditor if they +approve such +accounts. A fine of +(100,000) one +hundred +thousand +dirhams shall +be imposed on +any Chairman +or Member of +the Board of +Directors of a +Company +proved to have +violated the +rules of the +preparation of +the Financial +Year Accounts. Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 38 + SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +39 Nomination or +Commi ssion of +an Auditor Not +Accredited by +the Ministry or +the Authority Article +(245 ) - - A fine of +(50,000) fifty +thousand +dirhams shall +be imposed on: +- Any Chairman +or Members of +the Board of +Directors of a +Company +proved to have +nominated or +commissioned +an unaccredited +Auditor. +- The +unaccredited +Auditor who +has been +nominated or +commissioned. A fine of +(200,000) two +hundred +thousand +dirhams shall +be imposed on: +- Any Chairman +or Members of +the Board of +Director s of a +Company +proved to have +nominated or +commissioned +an unaccredited +Auditor. +- The +unaccredited +Auditor who +has been +nominated or +commissioned. +40 Violation of +Rules of Articles +from - - A fine of +(100,000) one A fine of +(500,000) five Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 39 + SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +Company +Division (294) to +(298) hundred +thousand +dirhams shall +be imposed on +any Company +proved to have +violated any of +the provisions +contained in +the rules of the +division of the +Company, in +addition to the +procedures +decided by the +Ministry in +accordance +with the +decisio ns +issued in this +regard. hundred +thousand +dirhams shall +be imposed on +any Company +proved to have +violated any of +the provisions +contained in +the rules of the +division of the +Company, in +addition to the +procedures +decided by th e +Authority in +accordance +with the +decisions +issued in this +regard. +41 Violation of +Acquisition Articles +from - - A fine of +(100,000) one +hundred A fine of +(500,000) five +hundred Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 40 + SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +Rules and +Procedures (299) to +(301) thousand +dirhams shall +be imposed on +the person who +violates any of +the provisions +contained in +the acquisition +rules and +procedures, in +addition to the +procedures laid +down by the +Ministry or the +Authority in +accordance +with the +decisions +issued in this +regard. thousand +dirhams shall +be imposed on +the person who +violates any of +the provisions +contained in +the acquisition +rules and +procedures, in +addition to the +procedures laid +down by the +Authority in +accordance +with the +decisions +issued in this +regard. +42 Failure to +Invite the +General +Assembly to Article +(308 ) + - A fine of +(50,000) fifty +thousand +dirhams shall A fine of +(100,000) one +hundred +thousand A fine of +(200,000) two +hundred +thousand Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 41 + SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +Convene in +the Case of +Losses And +Article +(309) be imposed on +the Director or +Chairman of +the Board of +Directors, or +their +representative +in the +Company, if its +losses amount +to half of its +capital and they +fail to invite its +General +Assembly to +convene in +accordance +with the +provisions of +the Decree - +Law. dirhams shall +be imposed on +any Chairman +of the Board of +Directors, or +their +representative, +if its losses +amount to half +of its capital +and they fail to +invite its +General +Assembly to +convene in +accordance +with the +provisions of +the Decree - +Law. dirhams shall +be imposed on +any Chairman +of the Board of +Directors, or +their +representative, +if its losses +amount to half +of its capital +and they fail to +invite its +General +Assembly to +convene in +accordance +with the +provisions of +the Decree - +Law. +43 Refusal to +Assist +Inspectors Article +(343) A fine of +(5,000) five +thousand A fine of +(5,000) five +thousand A fine of +(10,000) ten +thousand A fine of +(200,000) two +hundred Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 42 + SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +dirhams shall +be imposed on +the Director of +the Company, +or their +representative, +or the +employee of +the Company, +or the Auditor +who refuses to +provide +information t o +the Authority's +inspectors to +carry out their +duties, or +conceals +information or +clarifications +from them, or +provides them +with misleading +information. dirhams shall +be imposed on +the Director or +Chairman of +the Board o f +Directors of the +Company, or +their +representative, +or the +employee of +the Company, +or the Auditor +who refuses to +provide +information to +the Authority's +inspectors to +carry out their +duties, or +conceals +information or +clarifications +from them, or dirhams shall +be imposed on +any Member or +Chairman of +the Board of +Directors of the +Company, or +the Managing +Director or +General +Manager, or the +employee of +the Company, +or the Auditor +who refuses to +provide +information to +the Authority's +inspectors to +carry out their +duties, or +conceals +information or +clarifications thousand +dirhams shall +be imposed on +any Member or +Chairman of +the Board of +Directors of the +Company, or +the Managing +Director or +General +Manager, or the +employee of +the Company +who refuses to +provide +information to +the Authority's +inspectors to +carry out their +duties, or +concea ls +information or +clarifications Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 43 + SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +provides them +with misleading +information. from them, or +provides them +with misleading +information. from them, or +provides them +with misleading +information. +44 Delayed +Adjustment of +Status Article +(359) Shall be fined +an amount of +(500) five +hundred +dirhams per +month any +Company that +fails to amend +its +Memorandum +of Association +to comply with +the provisions +of the Decree - +Law. This fine +shall begin to +be calculated +after the lapse +of a period of +year from the Shall be fined +an amount of +(1000) one +thousand +dirhams per +month any +Company that +fails to amend +its +Memorandum +of Association +to comply with +the provisions +of the Decree - +Law. This fine +shall begin to +be calculated +after the lapse +of a period of +year from the Shall be fined +an amount of +(1,500) one +thousand and +five hundred +dirhams per +month any +Company that +fails to amend +its +Memorandum +of Association +and Articles of +Association to +comply with +the provisions +of the Decree - +Law. This fine +shall begin to +be calculated Shall be fined +an amount of +(2,000) two +thousand +dirhams per +month any +Company that +fails to a mend +its +Memorandum +of Association +and Articles of +Association to +comply with +the provisions +of the Decree - +Law. This fine +shall begin to +be calculated +after the lapse Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 44 + SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +date on which +the Decree -Law +entered into +force, provided +that the total of +such fines does +not exceed +(5,000) five +thousand +dirhams +annually. date on which +the Decree -Law +entered into +force, provided +that the total of +such fines does +not exceed +(10,000) ten +thousand +dirhams +annually. after the lapse +of a period of +year from the +date on which +the Decree -Law +entered into +force, provided +that the total of +such fines does +not exceed +(15,000) fifteen +thousand +dirhams +annually. of a period of +year from the +date on which +the Decree -Law +entered into +force, provided +that the total of +such fines does +not exceed +(20,000) +twenty +thousand +dirhams +annually. +45 Violation of +the Provisions +of the Decree - +Law and the +Decisions +Implementing +it, for Which +No +Administrative +Penalty was - Shall be fined +an amount of +(10,000) ten +thousand +dirhams +whoever +violates any +provision of the +Decree -Law for +acts and other Shall be fined +an amount of +(10,000) ten +thousand +dirhams +whoever +violates any +provision of the +Decree -Law for +acts and other Shall be fined +an amount of +(15,000) fifteen +thousand +dirhams +whoever +violates any +provision of the +Decree -Law for +acts and other Shall be fined +an amount not +less than +(1,000) one +thousand +dirhams but not +exceeding +(500,000) five +hundred +thousand Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 45 + SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +Specified in +this +Resolution violations not +previously +specified in this +Schedule and +committed in +violation of the +provisions of +Federal Decree - +Law No. (32) of +2021 r egarding +Commercial +Companies or +the provisions +of rules, +regulations, or +decisions +issued in +implementation +thereof. violations not +previously +specified in this +Schedule and +committed in +violation of the +provisions of +Federal Decree - +Law No. (32) of +2021 regarding +Commercial +Companies or +the provisions +of rules, +regulations, or +decisions +issued in +implementation +thereof. violations not +previously +specified in this +Schedule and +committed in +violation of the +provisions of +Federal Decree - +Law No. (32) of +2021 regarding +Commercial +Companies or +the provisions +of rules, +regulations, or +decisions +issued in +implementation +thereof. dirhams +whoeve r +violates any +provision of the +Decree -Law for +acts and other +violations not +previously +specified in this +Schedule and +committed in +violation of the +provisions of +Federal Decree - +Law No. (32) of +2021 regarding +Commercial +Companies or +the provisions +of rules , +regulations, or +decisions +issued in Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 46 + SN Violation Legal +Reference Administrative +Penalties for +Partnership & +Simple +Partnership +Companies Administrative +Penalties for +Limited +Liability +Companies Administrative +Penalties for +Private Joint +Stock +Companies Administrative +Penalties for +Public Joint +Stock +Companies +implementation +thereof. + Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 47 + B- Violations Related to Investment Funds + +SN Violation Legal +Reference Administrative Penalties +1 Violation of the Rules, +Decisions and Circulars +Regulating Investment Funds +Issued by the Authority Article +(273 ) A fine ranging from (20,000) twenty thousand +dirhams to (10,000,000) ten million dirhams +shall be imposed on anyone whose violation is +proven, in addition to the procedures decided by +the Authority in accorda nce with the decisions +issued in this regard. +2 Failure to Renew the +Investment Fund Licence The Fund Manager and the Board of Directors of +the self -managed fund shall each be penalized +with a delay fine of (500) five hundred dirhams +for each month of delay in renewing the +Investment Fund licence. + +C- Violations Related to the Auditors of Joint -stock Companies + +Violation Legal Reference Administrative Penalties +Violation of the Provisions of +the Decree -Law and the Rules +and Decisions Regulating the +Affairs of the Auditors of +Private Joint Stock Companies +and the Mechanism of their +Practice of their Profession Articles (153), (173), +(177), (187), (189), +(237), (238), (244); +Articles from (245) to +(252); And Articles +(254), ( 340) and +( 343) A fine of (200,000) two hundred thousand +dirhams shall be imposed on the Auditing +Company that violates any of the provisions +of the Decree -Law and the rules, decisions +and circulars regulating the Affairs of the +Auditors of Private Joint Stock Companies +and the Mechanism for their Practice of their +Profession. + + + Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 48 + D- Violations Related to the Secretariat of the Share Register + +Violation Legal Reference Administrative Penalties +Violation of the Rules and +Decisions Regulating the Work +of the Secretariat of the +Shareholders’ Share Register in +Private Joint -Stock Companies article (262 ) A fine of (100,000) one hundred thousand +dirhams shall be imposed on the Registrar of +the S hareholders' Share Register in Private +Shareholding Companies proved to have +violated any of the rules and decisions +regulating the work of the Shareholders' +Share Register Secretariat in Private +Shareholding Companies. + +E- Violations Related to Foreign Companies + +Violation Legal Reference Administrative Penalty +Failure to Register and License +Foreign Companies article (336) + +And +article (338) Shall be fined an amount of (100,000) one +hundred thousand dirhams any foreign +company or its office or branch in the State +if it fails to register itself with the Registrar +and obtain a licence from the Competent +Authority, or if it fails to submit, on an +annual basis, a copy of the Balance Sheet +and Final Accounts with the Auditor’s +Report and a copy of the Final Accounts of +its Holding Company, if any, to the +Authority, the Competent Authority and the +Ministry. + + + Cabinet Resolution of 20 22 Concerning the List of Administrative Penalties Concerning Acts Committed in +Violation of the Provisions of Federal Decree -Law of 2021 Concerning Commercial Companies 49 + F- Violations Related to Representative Offices + +Violation Legal Reference Administrative Penalty +Representative Office's +Practising a Commercial +Activity article (339) A fine of (50,000) fifty thousand dirhams +shall be imposed on the foreign Company's +Representative Office in the State if such +Representative Office conducts a +commercial activity in the State. + +G- Violations Related to Other Persons + +Violation Legal Reference Administrative Penalty +Violation by Other Persons of +the Provisions of the Decree - +Law and the Decisions +Implementing it, for Which No +Administrative Penalty was +Specified in this Resolution - Any person who commits a violation of any +of the provisions of the Decree -Law and the +decisions implementing it for which no +administrative penalty was specified in this +Resolution shall be fined an amount of not +less than (1,000) one thousand dirhams but +not exceeding (500,000) five hundred +thousand dirhams. + + " +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (1) +The Commercial code attached herewith shall enter into force. + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 4 article (2) +Federal Law No. (18) of 1993 promulgating the Commercial code, as amended, as well as any +provision that contradicts or is in conflict with the provisions of the Commercial code attached +herewith are hereby repealed. +The rules, resolutions and regulations implementing Federal Law No. (18) of 1993 referred to +above shall continue to be in force in so far as they do not conflict with the provisions of the +Commercial code attached to this Decree -Law until the resolutions and regulations replacing +them have been issued. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (2) +The Minister of Economy shall issue the resolutions required for the implementation of the Commercial code attached herewith. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (3) +This Decree Law shall be published in the Official Gazette and shall enter into force as of 2 +January 2023. + + + +Mohammed bin Zayed Al Nahyan +President of the United Arab Emirates +Issued by us in the Presidential Palace - Abu Dhabi + +On: 7 Rabi Al -Awwal 1444 (AH) +Corresponding to: 3 October 2022 (AD) +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 5 + +COMMERCIAL CODE +PRELIMINARY PART +Article (1) +The provisions of this Law shall apply to merchants, as well as all commercial physical businesses or virtual businesses carried out on technological media or via modern means of technology, carried out by any person, even if not a merchant. + +Article (2) +1. Merchants and commercial businesses shall be governed by the agreement entered into by the contracting parties, unless su ch agreement contradicts a commanding commercial +provision. +2. Where there is no specific agreement, the rules of commercial customs and practices shall apply to any matter where no particular provision is provided in this Law or in other laws +related to commercial matters. A special or local custom shall have precedence over +general custom. The rules of previous dealings between the contracting parties are deemed to be among the special custom rules applicable to such case. In the absence of a +commercial custom, the provisions pertaining to civil matters shall apply, as long as they +do not contradict the general principles of the commercial activity. +3. No private agreement or commercial customs rules may be applied between the contracting parties if they contradict the public order or morals. + +Article (3) +Commercial matters regarding which specific Federal Laws are enacted shall be subject to the +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 6 provisions of such Federal laws, and to the provisions hereof which do not contradict said +Federal laws. + +Book O ne +Trade in General +Part O ne +Commercial Activities , Merchants and Commercial Books +Chapter O ne +Commercial Activities +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (4) +Commercial activities are: +1. Activities carried out by a merchant in relation to his trade affairs; however, any activity carried out by a merchant is considered to be related to his trade unless otherwise proved; +2. Speculative activities carried out by a person, even if he is not a merchant, with the intent of realizing profit; +3. Activities which are specified by the Law to be commercial activities; and +4. Activities which are related to or facilitating a commercial business. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (5) +The following activities shall, by virtue of their nature, be considered as commercial activities: +1. The purchase of tangible and intangible movables with the intention of selling them at a +profit, whether sold at the same condition or after being transformed or manufactured. +2. The purchase or renting tangible and intangible movables with the intent of renting them +out. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 7 3. The sale or renting out of movables pur chased or rented as mentioned above. +4. Transactions of banks, currency exchange service providers, stock market, investment +companies, trust funds, financial institutions and all kinds of other financial brokerage +operations. +5. All kinds of transactions relate d to commercial papers, irrespective of the capacity of the +parties concerned therein or the nature of the transactions for which they were created. +6. All sea and air navigation activities, including: +a. The construction, sale, purchase, renting out, chartering , repair or maintenance of +vessels and aircraft, as well as sea and air shipments, including maritime and air +transport; +b. The sale or purchase of vessel and aircraft supplies, tools, materials and suppling them +with provisions; +c. Stevedoring; and +d. Maritime and aircraft loans. +7. Acts related to the establishment of commercial companies. +8. Current account. +9. All kinds of insurances. +10. Sale in public auctions, except for auctions made by the judicial authority. +11. Hotels, restaurants, cinemas, theaters, playing fields/playgr ounds and amusement parks +activities. +12. Water, electricity and gas production, transfer and distribution activities. +13. Publication of newspapers and magazines with the intent of realizing profit through the +publishing of advertisements, news and articles. +14. Post and communications activities. +15. Radio and Television broadcasting and recording and shooting studios activities. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 8 16. Activities of public warehouses and the pledges created over the property deposited +therein. +17. Activities of virtual assets. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (6) +The following activities shall be deemed commercial activities if practiced as a profession: +1. Brokerage. +2. Commercial agency. +3. Commission agency. +4. Commercial representation. +5. Supply contracts. +6. Purchase and sale of land or real property with the intent of realizing pro fit by selling such +land or real property as is or after being developed or partitioned. +7. Land transport. +8. Real estate activities if the contractor undertakes to supply materials or workers. +9. Extractive industries of natural resources. +10. Tourism, travel, export , import and customs clearance activities, as well as services and +recruitment offices. +11. Printing, publishing, photography, recording and advertisement activities. +12. Industry. +13. Animal and fishery resources activities. +14. Labor Hire Services. +15. Leasing out or leasing houses, apartments and rooms, furnished or unfurnished, with the +intent of sub -leasing them. +16. Creating, selling, leasing out and managing electronic platforms, websites, smart +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 9 applications, data and artificial intelligence and other activities of digital transformation. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (7) +Activities which may be deemed to be analogous to the activities mentioned in the two +preceding Articles, due to the similarity of their characteristics and objectives, shall be deemed +commercial activities. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (8) +The following activities are not commercial activities: +1. Selling farms and crops reaped from land owned or planted by a farmer, even if they have been processed by his usual tools, unless the same is practiced as a profession. If the +framer establishes a permanent store or factory to sell his crops, in their original condition +or after being processed, the sale in such case shall be deemed a commercial business. +2. Practicing any activity related to agro -tourism, whether paid or unpaid, including allowing +third parties to access, buy or rent from, visit or stay at the farm for a short period for the +purpose of viewing or enjoying agricultural activities, watching or buying animals or +buying their products, education, training or other activities organized at t he farm. +3. Activities where individuals rely on their physical or mental efforts to realize profits or financial compensation, rather than relying on a capital. +4. The creation of an artwork by the artist himself or by engaging workers and selling it, and +self-publishing of the author's work and settling it. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (9) +Where a contract is commercial with regard to one party and civil to the other party, the +provisions hereof shall apply to the obligations of both parties, unless the Law states +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 10 otherwise or there is an agreement between the parties to the contrary. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (10) +1. Commercial activities may be practiced and commercial contracts may be created or +concluded and the transactions referred to in the preceding Article may be conducted by +executing, providing or issuing the same, in whole or in part, physically or virtually, via +modern means of technology or on technological media, pursuant to the provisions of the statutes regulating thereof. +2. The virtual commercial activities set out in this Article shall include the provision of +services and the practice of businesses and activities related to virtual assets. The Cabinet +shall issue the statutes that regulate virtual assets and their service providers. +3. Commercial contracts and transactions provided o n technological media or via modern +means of technology shall be governed by the same provisions prescribed for similar ones +physically provided. + +Chapter T wo +Merchant +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (11) +The following shall be deemed a merchant: +1. Any person who works in his own name and for his own account in commercial activities and has the due competence when taking on such activities as his occupation. +2. Any company which undertakes a commercial activity or has adopted one of the legal +forms stipulated by the Commercial Companies Law, even if such an activity is of civil +nature. + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 11 " +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (12) +Any person who advertises to the public, by any means whatsoever, a business assets +established by him for commerce shall be deemed a merchant, even if he does not take on +Trade as his regular occupation. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (13) +The capacity of merchant shall be established in respect of any person who practices Trade under a pseudonym or hidden behind the name of another person. The capacity of merchant +shall also be established in respect of the person whose name is apparent. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (14) +Any person who carries out a commercial activity, although prohibited under specific laws or +regulations f rom practicing trade, shall be deemed a merchant and shall be governed by the +provisions hereof. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (15) +1. The capacity of merchant shall not be established for the following categories: +a. Ministries, federal government authorities and local government authorities; +b. Public benefit organizations, associations and clubs; and +c. Self -employed persons who do not engage in commercial activities. +2. Commercial activities carried out by the categories set out in Clause (1) above shall be +governed by this Law, except f or activities excluded by virtue of a specific statutory +provision. + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 12 " +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (16) +The capacity of merchant shall be established and shall be governed by the provisions of this +Law, except for matters excluded by a particular provision, for: +1. Commercial co mpanies established or owned by the Federal or Local Government or in +which the Federal or Local Government are shareholders or an organization, authority, +agency or company affiliated to any of them; and +2. Foreign companies' branches that practice a commerc ial activity in the State. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (17) +Individuals who practice a simple vocation or small trade where they rely on their work to derive some form of profit to secure their living more than their reliance on a cash capital, +shall not be governed by the duties of merchants, such as keeping commercial books or +registering in the Commercial Register, nor shall they be governed by the provisions of bankruptcy and composition. The Ministry of Economy shall, in consultation with the +competent authorities in the Emirates, determine the maximum number of individuals +working with them and the capital of the small trade. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (18) +1. Any person who has attained (18) eighteen calendar years of age and is free of any legal +impediment shall be competent to engage in trade. +2. A minor may - whether under guardianship or custody - engage in trade when he attains +(15) fifteen calendar years of age, in accordance with the controls and conditions issued +by a Cabinet resolution at the proposal of the Minister of Economy. + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 13 " +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (19) +1. Where a minor who has not attained (18) eighteen calendar years or interdicted person +has funds in a trade, the court may order the withdrawal of his funds from said trade or to +remain therein, as may best serve his interests. +2. If the court orde rs that the minor remains in the trade, it shall grant the person acting on +his behalf an unlimited or restricted authorization to undertake all the activities required +therefor. +3. The court may withdraw or restrict the authorization when justified, without prejudice to +any rights acquired by a bona fide third party. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (20) +1. Any order issued by the court that the minor who has not attained (18) eighteen calendar +years of age or an interdicted person remains in the trade, or to withdraw or restrict the +authorization, shall be communicated to the competent authorities by the court to be +recorded in the commercial register and published, pursuant to the statutes in force in the +State. +2. Where the court orders that the minor who has not attained (18) eighteen calendar years +of age or an interdicted person remains in the trade, he shall be liable only to the extent of the funds invested in such trade. +3. Subject to Clause (2) above, the relevant legislation shall govern the proceedings of declaration of the minor' s bankruptcy, its cases and effects. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (21) +Subject to the provisions of article (22), the same provisions prescribed for a UAE -national +woman who engages in trade as a profession shall apply to the engagement in trade as a +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 14 profession by a non -national woman and her acquisition of the merchant capacity and the +effects resulting therefrom, including the provisions related to the separation of estates +between spouses. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (22) +A non -national person may engage in trade according to the conditions, controls and within +the limits and cases identified by a Cabinet resolution to be issued at the proposal of the +Minister of Economy. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (23) +1. The following persons may not engage in trade: +a. Any merchant whose bankruptcy is declared, unless he has been rehabilitated. +b. Any person who may not engage in trade pursuant to the laws in force in the State. +c. Any person who has been convicted of a crime of bankruptcy fraud, commercial fraud, theft, deception, breach of trust, forgery, or the use of forged papers unless he has been +rehabilitated. +2. Any person who violates the prohibition set out in Clause (1) above shall be fined a sum not less than (AED 10,000) ten thousand dirhams and not more than (AED 200,000) two +hundred thousand dirhams, along wit h a court order to have the commercial premises +closed in all cases. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (24) +1. Any transactions undertaken by a merchant in connection with his trade shall not be accepted by any competent authority, unless such merchant is registered in the +Commercia l Register. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 15 2. A merchant who practices his commercial activities on technological media or via modern +means of technology shall fulfil the requirements of the competent authorities on the registration in the Commercial Register. + +Chapter T hree +Commercial Books +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (25) +1. A merchant shall keep commercial books (in a hard or soft copy formats), in such manner +as to show his financial position with accuracy, as well as any rights and liabilities related +to his trade. +2. A merchant who engages in a physical trade shall keep the following two books: +a. General Journal; and +b. General ledger. +3. A merchant who engages in a virtual trade shall: +a. Record data of electronic commercial books via the computer or other devices of +modern technology; and +b. Comply with resolutions issued by the Minister of Economy identifying controls and criteria of such electronic data and books. +4. The merchant shall be responsible for the accuracy of the accounting data recorded in the commercial books, as matched with the documents and information maintained in paper +files and the financial statements of the establishment. +5. In all cases, the standards set for accounting standards and entries shall apply to +commercial books. + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 16 " +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (26) +1. All financial transactions carried out by the merchants as well as his personal money +withdrawals shall be recorded in the general journal on daily basis. +2. The merchant may use auxiliary journals to record the details of his commercial +transactions, in which case it shall be sufficient to record the total of such t ransactions in +the general journal at regular intervals. Where such procedure is not followed, any +auxiliary book shall be deemed a general ledger. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (27) +The following shall be recorded in the general ledger: +1. All accounting transactions carried fo rward from the general journal as per the supporting +documents thereof; in particular, the accounts related to cash on hand, bank, partners, +creditors, debtors, revenues, withdrawals and expenses. +2. Particulars of goods remaining with the merchant at the end of the fiscal year or an overall +statement thereof if the particulars are shown in separate books or statements. In this case, +such books or statements shall be deemed complementary to the general ledger. +3. A copy of the annual balance sheet and the profit and loss account. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (28) +1. Commercial books shall not contain any blanks, crossing out, erasure, writing in the margins, scraping or insertion between their content. +2. Before using the general journal and the general ledger, the pages thereof shall be +numbered and signed by the Commercial Register used by the merchant and stamped +with the official seal of the same, showing the date of such procedure. Where the pages of +any of the said two books are filled up, the merchant shall present the same to the +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 17 Commercial Register to have them annotated to that effect after the last entry made +therein and before using the new book. +3. In case of the discontinuation of the commercial activities of the business assets, the +merchant or his heirs shall submit the said two books to the Commercial Register to have +them annotated to that effect. +4. No fees shall be charged for affixing the official seal and the annotation in the above cases. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (29) +1. The merchant shall keep a true copy of all correspondence, telegrams and invoices sent or +issued by him for his business transactions. Furthermore, he shall keep all incoming +correspondence, invoices and other documents related to his business . All such papers +shall be kept in an orderly fashion that facilitates reference thereto for a minimum period of (5) five years from the date of issue or receipt. +2. The merchant or his heirs shall keep the commercial books and the documents supporting the en tries made therein for a minimum period of (5) five years, commencing from the +date on which the book is annotated as complete. +3. The retention of a true copy of the instruments, books and documents referred to in the +above Clauses, as long as the mechanism of retention is made via modern means of +technology, shall be made according to the controls prescribed by the competent +authorities in this regard, so as to ensure reliability and availability of data and +information. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (30) +1. Banks and companies or establishments in respect of which a resolution is issued by the +competent authority, pursuant to the legislation in force in the State, shall, after +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 18 coordinating with the Minister of Economy, retain for the period mentioned in article (29) +above a copy o f its business entries, commercial books and accounts via modern means +of technology, instead of retaining the original books, documents, correspondence, +telegrams and other papers related to their financial and commercial activities. +2. Copies and business e ntries, accounts and data set out therein and the ones saved via +modern means of technology, as set out in this Article, shall have the same probative force +as the same ones saved in a hard copy form, as long as they fulfill the technological +controls set by the relevant authorities, which shall be applied by such banks, companies +and establishments. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (31) +Entries and incidents recorded in commercial books by the merchant's authorized employees shall be deemed as entries recorded by the merchant himself, and it shall be assumed that +such entries were made with his knowledge and consent until he proves otherwise. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (32) +The court may, sua sponte, or at the request of any litigant, order the merchant to submit his +commercial books thereto to e xtract therefrom matters related to the dispute brought before +such court. The court itself may review such books or through an expert appointed by it for such purpose. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (33) +1. The court may order the merchant to submit his commercial books for the perusal of his +opposing party only if the dispute is related to a decedent's estate, partnership or the +division of their joint property. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 19 2. In case of bankruptcy or composition, the commercial books shall be delivered to the +competent court, the bankruptcy t rustee or the composition magistrate. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (34) +Commercial books kept by the merchant may be used as evidence in the cases instituted by +or against the merchant when such cases are related to their commercial activities, in +accordance with following r ules: +1. Data recorded in commercial books, even if not kept on a regular basis pursuant to the provisions of this Law, shall constitute evidence against the merchant who keeps such commercial books. Nevertheless, a person wishing to derive therefrom any evid ence in +his favor may not rely only on certain parts of their data and exclude others. +2. Data recorded in regular commercial books, pursuant to the provisions of this Law, shall +constitute evidence for the merchant who keeps such books against his opposing party +merchant, unless such party refutes them using data from his own regular books, pursuant +to the provisions of the Law or by any other means proving them untrue. +3. In the event where both litigants' commercial books are regularly kept pursuant to the provisions of this Law and the comparison made between them shows a contradiction in +the data recorded therein, the court shall require other evidence. +4. In case of discrepancy in the data recorded in both litigants' books, while one merchant's books are regularly and duly kept pursuant to the provisions of this Law and the other +merchant's books are not, the data recorded in the regular books shall prevail, unless the +opposing party proves the contrary. The same provision shall apply if a litigant provides +regular books and the other one fails to provide any books. + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 20 " +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (35) +If either litigant merchant relies for the validity of his case on his opposing party's commercial +books and he admits in advance that the data recorded therein are correct, and the opposing +party refrains without justification from providing such books to the court for perusal, this +shall be deemed a presumption that the facts required to be proved in the books are correct. +The court may further administer suppletory oath to the plaintiff on the validity of his case. + +Part T wo +Business Assets, T rade Name , Unfair Competition , Trademarks and +Commercial Data +Chapter O ne +Business Assets, T rade Name and Unfair Competition +Section O ne +Business Assets +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (36) +Business assets constitute a group of tangible and intangible property allocated for the +practice of physical or virtual commercial activities, whether on technological media, via +modern means of technology or using traditional methods. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (37) +1. Business assets shall cover elements necessary for the commercial activity. Such elements are divided into tangible elements, such as goods, equipment, machines, tools, and +intangible elements, such as customer contacts, goodwill, trade name, right to lease and +industrial and intellect ual property and licenses. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 21 2. The tangible elements are not considered essential to the business assets, contrary to the +intangible elements where the business assets have no existence unless one or more elements thereof are available. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (38) +In the event where the merchant is the owner of the real property in which he practices his trade, such property may not be considered as an element of the business assets, and any +provision to the contrary shall not be valid. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (39) +Any disposition for t he transfer of ownership of the business assets or the creation of a right +in rem thereon shall be attested or notarized by the Notary Public, as per the procedures set by the competent authority, and shall be recorded in the commercial register, otherwise it +shall be null and void. +A disposition shall include the following data: +1. Names of the contracting parties and their nationalities and place of residence. +2. Date and type of disposition. +3. Type and address of the business assets and those elements agreed to be covered by +the disposition. +4. Price of tangible and intangible elements, each of them being separate, if the +disposition is a sale, the paid portion of the price, upon the conclusion of the contract, +and the method of payment of the balance. +5. Special conditions as set out in the contracts and undertakings (if any) pertaining to +the business assets. +6. Conditions concerning the seller's right to rescission, termination or lien (if any). +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 22 +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (40) +2. The title to the business assets shall be transferred as bet ween the contracting parties and +with regards to third parties only from the date on which the disposition is recorded in the +commercial register and a summary thereof is published according to the procedures and +time limits set out in the legislation in f orce in the State. +2. In case the business assets include elements that are subject to specific regulations for announcement or registration, the announcement made for the disposal of the business +assets shall not replace the special announcement or registrat ion, unless the Law provides +for otherwise. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (41) +The disposition of the business assets shall be recorded only after completing the following +formalities: +1. The employee in charge at the Commercial Registry shall, at the request and expense of the buyer, publish a summary of the sale contract according to the procedures and time +limits set out in the legislation in force in the State. +2. The summary published shall include names of the contracting parties, their nationalities +and places of residence, d esignation of the business assets, total price and an +authorization to the creditors to submit their objections within (10) ten business days +from the date of the last publication. +3. Objections shall be lodged with the competent civil court to which jurisdic tion the +business assets pertain and they shall include the sum and cause of the debt. +4. The buyer shall abstain from paying the price until the court decides on the objections. However, the seller may file a motion to the interim relief judge to authorize h im to receive +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 23 the price even before the objections are considered if he provides sufficient safeguards for +the settlement of the creditors' rights. +5. Any objecting creditor or mortgagee may offer to buy the business assets for himself or for +a third party for a price above the price agreed upon by at least one fifth. +6. Any person objecting to the price shall deposit in the court treasury a sum equal to at least one third of the original price in addition to the sum of money offered by him above the +original p rice. +7. The competent court shall communicate the bidding offers to the two parties to the business assets sale contract, and after the lapse of (20) twenty days from such +communication, the competent court shall decide to sell the business assets to the per son +who offered the highest price. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (42) +1. Any person to whom the ownership of the business assets devolves shall, under the Law, subrogate the person who disposed thereof in all the rights and obligations arising from +the business assets, unless otherwise agreed or where the contract is entered into on basis +of personal considerations. +2. Nevertheless, the second party to the contracts referred to in the previous paragraph may, +within (90) ninety days from the date of announcing thereof, request the cancellation of +such contracts provided that he has serious reasons to justify such cancellation and he +notifies the new owner of his desire to cancel in a timely manner. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (43) +1. The person to whom the ownership the business assets is transferred shall fix a date for the creditors holding debts prior to announcing the disposition, in order to submit a +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 24 statement of their debts for settlement. Such date shall be announced according to the +procedures and time limits set out in the statutes in force in t he State; however, the time +limit scheduled for creditors may not be less than (90) ninety days from the publication +date. +2. The person to whom the ownership of the business assets is transferred shall remain liable for the debts if the creditors of such deb ts submit a statement thereof within the said +prescribed time limit if such debts are not settled within such time limit. +3. As for debts where the creditors fail to submit a statement thereof within the said time +limit, the person to whom the ownership of th e business assets is transferred shall be +released on any debts. +4. Furthermore, the disposing party shall remain liable for the debts related to the business assets, which had arisen prior to announcing the disposition unless he is discharged +therefrom by the creditors. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (44) +Notwithstanding the bankruptcy provisions, the seller of business assets who did not receive +the full price may invoke vis -à-vis the body of creditors in the buyer's bankruptcy his right to +rescind the sale contract of the bus iness assets and recover the same, or his right to lien if he +reserved for himself such right and is expressly mentioned in the published contract summary. Nevertheless, such rescission, termination or lien shall take effect only against the +elements inclu ded in the contract. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (45) +1. Business assets may be mortgaged only to banks and financing institutions. +2. Where the mortgage deed does not specify the elements covered by the mortgage, it shall +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 25 then only cover the trade name, the right to lease, the customers' contacts and the +goodwill. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (46) +1. A mortgage may not be put into effect except by an agreement notarized or attested by +the Notary Public and registered in the commercial register. +2. A mortgage agreement shall contain a declaration by the debtor as to whether or not the seller has lien over the mortgaged business assets, as well as the name of the insurer of +the store, if any. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (47) +1. The mortgage registration in the commercial register shall be sufficient to secure the lien +for (5) five years from the date hereof, and the registration shall be deemed cancelled if it +is not renewed within the said time limit. +2. The said registration shall be stricken off subject to the mutual consent of the parties concerned or under a final court judgm ent. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (48) +A mortgagee shall be responsible for keeping the mortgaged business assets in good +condition. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (49) +1. Where the owner of the business assets fails to pay the price or the balance of the price to +the seller, or if he fails to repay the debt on the maturity date to the mortgagee, the seller +or mortgagee may, after (8) eight days from the date of service of a notice to his debtor +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 26 who has possession of the business assets, submit a petition to the interim relief judge +requesting permission to sell in public auction all or some of the constituent elements of the business assets which are covered by the seller's or mortgagee's lien. +2. The sale shall be effected at the place, day and hour and in the manner designated by the +judge. The sale shall be published according to the procedures and time limits set forth in +the legislation in force in the State. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (50) +Any provision in a mortgage agreement authorizing the creditor the right to own or dispose +of the mortgaged property, without the procedures prescribed in article (49) of this Law, shall +be null and void. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (51) +The seller and mortgagees shall have the same rights and privileges over the sums resulting from the insurance as those which they had over the insured items, provided that they have +been established that such sums have matured. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (52) +The lessor of the place wherein lies the mor tgaged furniture and equipment being used for +exploiting the business assets may not exercise his lien for more than two -year rent. + + + + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 27 Section T wo +Trade Name +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (53) +Subject to the provisions and requirements set forth in the legislation governing the +protection of intellectual property, a trade name of an individual merchant shall consist of his +given name and surname. The trade name may also contain particulars pertaining to the +persons mentioned therein related to the type of trade for which it is designated and may also be novel. In all cases, the trade name must truly reflect the type of business and shall not be +misleading or prejudicial to the public order or morals. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (54) +Trade names of commercial companies shall be in compliance wit h the statutes in force in the +State. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (55) +Subject to the provisions and requirements set forth in the statutes governing the protection +of intellectual property, a trade name shall be registered in the commercial register, pursuant +to the provisions stipulated to that effect. Once registered, no other merchant may use such +name for his trade which is of a similar kind. Where the name and surname of a merchant are +similar to a trade name previously recorded in the commercial register, he shall add to his +name such particulars as would distinguish him from the trade name already registered. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (56) +1. A merchant shall write his trade name on the facade of his physical or virtual business +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 28 assets, and he shall carry out his commercial transactions under his trade name. +2. A merchant may not use a trade name of another merchant after expiry or removal of such +name, except after the lapse of one year from the date of such expiry or removal. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (57) +1. A trade name may not be disposed of separately from the business assets allocated for such trade name, unless otherwise is provided by any other legislation. +2. However, in case the owner of the business assets disposes thereof, such disposition shall not include the trade name, unless it is explicitly or implicitly provided as such. +3. The person to whom the ownership of the business assets is transferred, excluding its +trade name, shall not be liable for the obligations of his predecessor, unless there is an +agreement to the contrary recorded in the commerc ial register. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (58) +1. A person to whom the title of such business assets is transferred may not use his +predecessor's trade name, unless such name devolves unto him or the predecessor authorizes him to use it; provided that he adds to the name such particulars purporting to +the transfer of ownership. +2. Any violation of the provisions of Clause (1) above shall be penalized by a fine of at least (AED 10,000) ten thousand dirhams. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (59) +1. Any person to whom the ownership of a trade name is transferred, following the transfer +of the ownership of the business assets, shall replace his predecessor in the rights and +obligations accrued under the said trade name. Any agreement to the contrary do es not +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 29 be apply to third parties except from the date of being recorded in the commercial register +and the parties concerned are so notified, unless otherwise is provided by any other legislation. +2. In case of denial and lack of lawful excuse, the action for the liability for the predecessor's +obligations shall be barred after the lapse of (5) five years from the date on which the +ownership of the business assets is transferred. + +Section T hree +Unfair Competition +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (60) +The below rules shall apply to the unfair competition, unless otherwise provided by any +particular legislation. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (61) +A merchant may not induce employees or workers of another competitor merchant to assist +him in poaching the clients of that merchant or solicit them or encourage them to disclose the +secrets of his competitor. The foregoing acts shall be considered unfair competition that renders him liable for compensation for damages. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (62) +A merchant may not disclose such matters as are inconsistent with the r eality regarding the +origin or description of his goods, or any other matters pertaining to their nature or importance. He may not also declare falsely that he holds a rank, degree or award, nor may +he resort to any other misleading means, with the intent thereby to usurp the customers of a +competitor merchant, otherwise he shall be liable for compensation. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 30 +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (63) +A merchant may neither resort to fraud and cheating methods to merchandise his goods, nor +may he spread or publish false particulars prejudicial to the interests of another competitor +merchant, otherwise he shall be liable for compensation. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (64) +A merchant may not issue to an ex -employee or ex- worker a certificate that is inconsistent +with reality, otherwise he shall be liable to compensate any other merchant who was misled +by such certificate for damage so incurred. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (65) +1. Where a trade name is used by a merchant other than its owner without any agreement authorizing such use, or where the owner uses it in a manner violating the Law, the parties concerned may appeal the competent court to order the prohibition of its use and to remove +it if it is recorded in the commercial register, without prejudice to their right, where +appropriate, to compensation. +2. Any violation of the p rovisions of Clause (1) above shall be penalized by a fine of at least (AED +10,000) ten thousand dirhams. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (66) +Any person engaged in the business of supplying information to commercial houses about +the conditions of trade, who knowingly or through gross negligence supplies untrue +statements about the behavior or financial standing of a merchant, shall be liable for +compensating such damage which may arise therefrom. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 31 +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (67) +The foregoing provisions may not prejudice the provisions of other Laws, concerning the +commitment of the acts mentioned in such provisions. + +Chapter T wo +Trademarks and Commercial Data +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (68) +Trademarks and commercial data shall be regulated by specific laws to be enacted in this +regard. + +Book Two +Commercial Obligations and Contracts +Part O ne +Commercial Obligations +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (69) +1. Where two or more individuals are owed a commercial debt, they shall be jointly liable for the repayment of such debt, unless otherwise provided by the Law or agreement. +2. The provision of Clause (1) above shall apply in case of multiple guarantors of a +commercial debt, who shall be jointly liable with each other and with the debtor for the +debt. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (70) +A guarantee shall be commercial if the guarantor has guaranteed a debt which is deemed in +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 32 regard to the debtor to be commercial, unless otherwise provided by the Law or agreement, +or if the guarantor is a merchant and has an interest in guaranteeing the debt. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (71) +Where a merchant carries out, for a third party, such business or services related to his +commercial activities, he shall be deemed to have done so in return of a consideration, unless otherwise established. Such consideration shall be determined according to the custom, and +in the absence of such custom, it shall be determined by the court. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (72) +A creditor may receive an interest on a commercial loan, as per the rate of interest stipulated +in the contract. If such rate is not stated in the contract, it shall be calculated according to the +rate of in terest prevailing in the market at the time of transaction, provided that it does not +exceed (9%) up to the full repayment. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (73) +Where the contract stipulates a rate of interest and the debtor delays the repayment, the delay interest shall be calculated on the basis of the agreed rate until full repayment. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (74) +The interest shall be paid at the end of the year if the loan term one or more years, or on the +maturity date of the debt if the loan period is less than one year, unless the comm ercial or +banking practice requires otherwise. + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 33 " +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (75) +Where the loan term is definite, the creditor shall not be bound to accept the repayment of +debt prematurely, unless the debtor pays the interest which accrues for the remaining period +of the l oan term, save where both parties agree otherwise. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (76) +Orders and authorizations issued by a merchant for matters related to his commercial activities shall not lapse upon his death. Nevertheless, his heirs may cancel the same if they +decide to discontinue the trade, and in such a case, they shall not be deserving of any compensation if they notify, in good time, the person contracted with the testator of their +desire of cancellation. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (77) +1. Where the commercial obligation is the delivery of a certain item within a specific season +or a time of the year, the agreement between the two parties shall be the reference with respect to fixing the time for such delivery. In the absence of an agreement, then the time +for delivery will be determined by the custom prevailing in the country where the delivery +shall take place. +2. The custom prevailing in the country where the contract is concluded shall apply to the +method of measuring, weighing or counting goods. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (78) +A creditor may not be comp elled to accept performance of a contract for a term that has been +fixed, unless otherwise agreed. + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 34 " +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (79) +Where the debt is deferred and the debtor offers to repay it before its maturity, he may not, +upon the payment, deduct part of it without the creditor's consent, unless it is otherwise +provided by the Law or agreement. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (80) +Where either contracting party reserves the right to rescind the contract before the +performance is commenced, such party shall forfeit his right of rescission if he performs his +obligations under the contract or if he consents to the other party's performance of his obligations. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (81) +Summons and notices on commercial matters shall be served through the Notary Public, by registered letter with acknowledgem ent of receipt or any electronic means or similar means +of modern means of technology, as identified by a resolution of the Minister of Justice, or by +any other method as agreed between the parties. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (82) +Courts shall not grant a debtor, who is under a commercial obligation, a time limit for full payment or payment in installments except upon the creditor's consent or under general +exceptional circumstances. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (83) +Where the debtor repays a commercial debt to a person holding the instrument of such debt +marked with clearance or to a person holding a clearance from the creditor, he shall be +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 35 discharged from the debt. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (84) +Where the commercial obligation is a sum of money that was a sum certain at the time the +obligation was created a nd the debtor delays the repayment thereof, he shall be bound to pay +the creditors as compensation for the delay the interest provided for in Articles (72) and (73), unless otherwise agreed. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (85) +For the accrual of delay interest, it is not required that the creditor proves that he sustained +damages caused by such delay. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (86) +Interests for delay of repayment of commercial debts shall accrue from the maturity date of +such debts, unless otherwise provided by the Law or agreement. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (87) +1. A creditor may claim complementary compensation to be added to the delay interest if he proves that the damages in excess of said interest is caused by the debtor's deception or +serious error. +2. Where the creditor, when claiming this right, causes, in bad faith, the prolongation of the +dispute period, the court may reduce the interest or it may not judge any interest at all for +the period of the unjustified prolongation. + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 36 " +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (88) +A creditor may not claim a compound interest, i.e. the interest on the frozen interests, or claim +such interests as a complementary compensation. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (89) +1. Any instrument for the payment of a sum of money or the delivery of goods may be circulated by way of endorsement if payable to the order of the credit or or by delivery if +payable to bearer. +2. The endorsement or delivery shall result in the transfer of all rights arising from the +instrument to the endorsee or new bearer. +3. In case of endorsement, the endorser shall guarantee the payment of the right established +in the instrument on the maturity date, unless it is agreed in the endorsement wording to +restrict the guarantee to the existence of the right at the time of endorsement. +4. Where the instrument is drawn as a result of a commercial transaction, the signatories thereon shall jointly assume the liability, unless the endorsement wording provides for +otherwise. +5. In all cases, the debtor may not invoke vis -à-vis the bearer of the instrument the pleas +based on personal relationships existing between him and the drawer or the previous +bearers, unless the bearer's intent upon receiving the instrument was to cause harm to the +debtor, or unless the payment was related to the debtor's lack of capacity. +6. The debtor may also refrain from paying the value of the instrument if such instrument is not delivered to him marked up with clearance. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (90) +The possession by the debtor of the instrument of the debt shall constitute a presumption that +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 37 he has been discharged of the debt, until otherwise established. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (91) +Commercial obligations, whatever their amount, may be established by all means of evidence, +unless otherwise provided by the Law or otherwise stipulated by the agreement. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (92) +Where there is a denial and in the absence of a lawful excuse, cases related to merchants' obligations against each other shall be barred after the lapse of (5) five years from the date on +which the performance of the obligation falls due, unless the law provides for a shorter period. + +Part T wo +Commercial Sale +Chapter O ne +General Provisions +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (93) +1. The general provisions stipulated in this Chapter shall apply to commercial sales, unless +otherwise provided. +2. A sale shall be commercial, pursuant to the provisions of this Chapter, if the sale is made +between merchants and for commercial affairs. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (94) +1. Parties to a commercial sale contract shall specify the following: +a. Description of the sold item accurately so as to remove any doubt; +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 38 b. The sold item price and its payment terms; +c. Place and time of delivery; +d. Mechanism of sending notices and the elected domicile in this regard; +6. Mechanism of dispute resolution; and +f. Any other terms and conditions agreed by the parties. +2. Where the two contracting parties fail to fix the price, the sale shall be concluded at the +price agreed in their previous dealings, and if there were no previous dealing between +them, then at the prevailing price in the market; all this unless it has been revealed from +the circumstances the necessity for adopting a different price. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (95) +Where both contracting parties agree that the sale price shall be at the market rate, then the +market price shall be the market price as on the date and place where the contract is +concluded, unless otherwise stipulated in the agreement. In case o f several market prices, then +the average price shall prevail. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (96) +The two contracting parties may agree to delegate a third party to fix the price of the item being sold. However, if such party fails to fix the price within the prescribed time limit or +within a convenient time if no prescribed term was stipulated, then the current market price +at the time and place where the contract is concluded shall be adopted. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (97) +Where the price is estimated on the basis of weight, the net weight shall be considered, unless +there is an agreement or custom to the contrary. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 39 +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (98) +1. Where it is agreed by both contracting parties that the buyer may specify the form, volume +or any other distinguishing features of the item being sold, the buyer shall do so eon the +agreed date or on the appropriate date if no specific date is mutually agreed upon. +2. If the date referred to in Clause (1) lapses and the buyer fails to specify the features of the item sold, the seller shall have the option to either request the rescission of the contract +and damages, or to specify the said features himself and notify the buyer thereof provided +that such specification shall be deemed final if the buyer does not object thereto within +(10) ten days from the date of bein g notified. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (99) +1. Where a date is not fixed for delivery, the delivery shall be effected immediately upon conclusion of the contract, unless the nature of the item sold requires to be delivered on +another date. +2. Where it is agreed that the buyer may fix the date for delivery of the item sold, the seller +shall be bound to deliver it on such date, with due regard to the period required for the +preparation of the sold item being dispatched for delivery and having regard to its nature. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (100 ) +1. The seller shall bear the consequences of the sold item perishment until being delivered to the buyer de facto or de jure. +2. Where the seller, at the request of the buyer, sends the item being sold to a location other +than the designated location for deliver y, the perishment consequences shall be borne by +the buyer from the date of handing the item sold to the carrier, unless otherwise agreed +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 40 upon. +3. Where the seller fails to comply with the instructions of the buyer regarding the method +of transport, without a justifiable necessity, he shall be liable for such damage sustained +by the item sold as a result of such breach. +4. The buyer shall, unless otherwise agreed, bear the expenses incurred for delivering the +sold item to a location other than the location design ated for delivery. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (101 ) +Any shortage occurs in the sold item upon its delivery shall not be taken into consideration if +custom allows such shortage. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (102 ) +1. Where the seller fails to deliver the specific item sold, the buyer may notify the seller of the performance within an adequate time limit. Where the seller fails to perform that +obligation, the buyer shall have an option either to apply to the court for an order to +compel the seller to an execution in kind by delivering to him the s old item, if possible, +with payment of damages if necessitated, or to consider the contract rescinded and claim +for damages if applicable, or to buy, at the seller's expense, an item similar to the item sold +and claim from him the difference between the pr ice agreed upon and the price paid by +him in good faith to obtain such item. Where the sale relates to an item having a known +price in the market, the buyer may claim from the seller, even if he failed to purchase an +item similar to the sold item, the diff erence between the price agreed and the market price +on the date fixed for delivery. +2. The seller shall bear the cost of transportation if the sold item is returned or changed, as +long as the reason for return or change is attributed to him, unless otherwise agreed. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 41 +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (103 ) +Where the two contracting parties agree that the sold item is to be delivered in batches, the +buyer may ask for the rescission of the contract if the seller fails to deliver any of the batches +on the fixed date. However, such rescission shall not apply to the batches already delivered, +except if the buyer sustains serious damage due to the division of the item sold. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (104 ) +Where the buyer fails to pay the price on the date agreed upon, the seller may, after serving +notice t o the buyer, re- sell the goods. If the goods are sold, in good faith, at a price less than +the price agreed upon, the seller may claim from the buyer the price difference. Furthermore, if the goods have a known price in the market, the seller may claim fro m the buyer the +difference between the price agreed upon and the market price on the date fixed for payment of the price. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (105 ) +1. The buyer, who has paid the full price, may ask the seller to give him a list of goods +showing that the price has been paid. +2. Any person who expressly or implicitly accepts a list of the sold goods shall be deemed as having agreed to its contents. Where the person receiving the list and does not object to +its contents within (8) eight days from the date of receipt, this shall be considered as an +implicit acceptance, unless a longer period is agreed. + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 42 " +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (106 ) +1. Where the buyer refuses to take delivery of the item sold, the seller may apply to the court +to establish the status of the same and grant him permission to sell same under the court +supervision after the lapse of a time limit fixed by it and notified to the buyer. However, +the court may order that highly perishable items may be sold without delay and without +notice. +2. The total value of the sale shall be deposited in the treasury of the court, after deducting +therefrom all the expenses incurred by the seller until the dispute between him and the +buyer is settled. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (107 ) +1. If, after the delivery of the sold item, it is found that the quantity or type of th e goods +delivered is different from that agreed or if the goods are defective, the buyer may not apply for rescission of the contract unless the difference is so great as to render the goods +delivered unsuitable for the purpose for which they were to be us ed, or difficult to market. +The court may further, upon rejecting the application for rescission of the contract, decide +to reduce or increase the price, depending on the deficiency or excess in quantity or the +discrepancy in type or the degree of defect, unless there is an agreement or custom +requiring the rescission. +2. Clause (1) above shall not prejudice the provisions prescribed for protecting the consumer +rights set forth in the legislation in force in the State. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (108 ) +1. The buyer shall, in the cases mentioned in article (107) above, notify the seller that there +is a difference or a defect, within (15) fifteen days of the date on which the item sold is +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 43 effectively delivered to him, and he shall file the action for rescission or reduction of the +price within (60) sixty days of such delivery date. However, if the defect is hidden and cannot be detected by a routine examination, the buyer shall then notify the seller +immediately when he detects it, an institute an action for w arranty of the defect within (6) +six months of the date of actual delivery, unless there is an agreement to the contrary. +2. Where the buyer fails to notify the seller of the difference or defect or if he fails to institute +the action for rescission price red uction or defect warranty within the time limits referred +to in Clause (1) above, as the case may be, his action shall not be heard in case of denial or lack of lawful excuse, unless the buyer proves cheating on the seller's part, in which +case, the action shall not be heard if instituted after the lapse of one year of the delivery +date. +3. The action instituted by the seller to complement the price due to increase in quantity or +in the item standard shall not be heard after the lapse of (60) sixty days of the date of +actual delivery of the sold item. +4. It may be agreed to relieve the buyer from the time limits prescribed in this Article or to +adjust the same. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (109 ) +1. Where the item sold is a commodity protected by a registered trademark, it is permissible +to agree that the buyer may not sell at a price less than a certain price. +2. The court may decide the non -compliance with this condition if it considers that the item +sold is a necessary commodity. +3. The buyer's successors shall not be bound to com ply with the above condition, except if +they came to know or they could have known about it. + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 44 " +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (110 ) +1. It is permissible to agree in supply contracts, where the supplier grants certain privileges to +the buyer, to prevent the latter from buying goods similar to the item sold from another +supplier for a period not more than (5) five years from the date of agreement. Any agreement +on a longer period shall be reduced to (5) five years. +2. The provisions of Item (1) above shall apply in so far as they do not contradict the provisions +regulating competition, as set forth in the relevant legislation in the State. + +Chapter T wo +Certain Types of Commercial Sales +Section O ne +Sale by Installment +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (111 ) +The contract of a sale by installment shall be executed in two copies and shall state the +particulars which identify and determine the item sold, as well as the price, the period and +conditions of the installment. The seller shall give the buyer one copy of said contract. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (112 ) +The installments shall be paid at the place of residence of the seller, as stated in the sale +contract, unless otherwise agreed upon. Where the installments are collected at the buyer's +place of residence, the seller may not charge any additional expenses. The clearance for any +installment shall be clearance for all the previous installments, unless there is evidence to the +contrary. + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 45 " +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (113 ) +1. Where the buyer fails to pay any installment of the price agreed, the seller may, after +notifying the buyer, ask for rescission with damages if justified. However, if it is revealed +to the court that the buyer has executed the larger part of his obligation, the court may +grant him a time limit for payment and reject the rescission if he makes the repayment +within the prescribed time limit. +2. Where a judgment of rescission is rendered, the buyer shall return the item sold to the +seller and the seller shall return to the buyer the installments received less charges +equivalent to a rent for the utilization thereof, in addition to an indemnit y against the +damage sustained by the item sold due to abnormal use thereof; unless there is an +agreement to the contrary in the sale contract and provided that the total sum received by +the seller does not exceed the original price sum with its interest. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (114 ) +An agreement that the full price shall fall due, in case one of the installments is not paid on the maturity date, shall take effect only if the buyer fails to pay even though notice is served and (7) seven days have lapsed from the date of such notice. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (115 ) +1. Where the ownership of the movable property sold is retained by the seller pending the payment of all installments of the price in full, the buyer shall acquire such ownership on +payment of the last installment and the buyer s hall bear the consequences of the perishing +of the item sold from the time of its delivery to him. +2. Without prejudice to the provisions stipulated in the Bankruptcy Law, the condition related to the retention of ownership shall take effect vis -à-vis a third party unless it is +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 46 executed in writing in the form of an agreement prior to such third party's right arises out. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (116 ) +Where the third party's right is subsequent to the sale by installment contract, the condition +related to the retention of ownership shall take effect to such third party if the said condition +is made in writing in an agreement having a fixed date and prior to the execution proceedings +undertaken by the creditors on the item sold. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (117 ) +A buyer may not d ispose of the item sold before he has paid all installments, save where the +seller agrees to the same in writing. Any disposition by the buyer in violation of this provision shall not apply to the seller, unless the third party proves his good faith, in wh ich case, the +remaining installments shall fall due. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (118 ) +The provisions of the preceding Articles regarding sales by installment shall apply even if the contracting parties have termed the sale as a lease. + +Section T wo +Optional Public Auction Sale of Movables +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (119 ) +1. The provisions of this Section shall apply to optional sales by public auction of movables. +2. Sale by public auction shall mean any sale which any person may attend even if the auction is restricted to a specific group of persons. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 47 3. Movables shall mean all movables the possession thereof has transferred to any person +by any ownership acquisition reason. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (120 ) +1. Without prejudice to the provisions of the Civil Procedures Law and the laws regulating +certain kinds of sales, the movables referred to in article (119) above may be sold by +auction only through an appraisal expert at an auction room or an electronic platform or in any or via modern means of technology designated for such purpose, or at the place +where the m ovables are originally located, or at any other place where a license therefor +may be issued by the competent authorities in the relevant Emirate, pursuant to the +statutes in force in the State. +2. A bona fide buyer may request nullification of the sale effec ted contrary to the provisions +of Clause (1) above, and the nullification action shall be barred in case of denial and lack +of lawful excuse after the lapse of (30) thirty days of the date of sale. +3. The provisions of Clauses (1) and (2) above shall not apply to movables when the value of the part thereof offered for sale by public auction does not exceed (AED 200,000) two +hundred thousand dirhams. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (121 ) +1. The auctioneer undertaking the sale by public auction shall keep a specific book in Arabic +or regular entries where he shall enter all the items intended for sale, the initial estimate +of their value and names of those requesting sale. The appraisal expert shall further affix +on the goods offered for sale labels whose numbers shall be entered in the said book and +shall further register therein the outcome of each sale. +2. Any person who violates the provisions of Clause (1) above shall be penalized by a fine +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 48 not exceeding (AED 20,000) twenty thousand dirhams. In case of recidivism, the fine shall +not exceed (AED 40,000) forty thousand dirhams, without prejudice to any severer +penalty or disciplinary sanction provided in the resolutions governing the profession of +auctioneers. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (122 ) +Where the initial appraisal of the second -hand goods offered for sale at a public auction +exceeds (AED 400,000) four hundred thousand dirhams, the appraisal expert shall publish +the same according to the procedures and time limits mentioned in the resolutions issued by +the Minister of Economy or in the legislation in force in the State. The announcement shall +schedule a day prior to the sale for the inspection of goods offered. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (123 ) +1. A buyer who is awarded the auction shall pay half the price at the auction session and the balance when he receives the object for which he was the successful bidder. The delivery +must take place within one week from the date on which the auction is awarded. +2. Where the successful bidder fails to pay the price balance or fails to appear within the time +limit set out in Clause (1) above to receive the item awarded, the sale shall be repeated by +public auction as well within (15) fifteen days of the expiry of the delivery date. The +successful bidder of the first sale may not bid again in the second sale. +3. Where the second auction is awarded at a price less than that the one awarded at the first +auction, the buyer who failed to pay the price balance or failed to appear to receive the +item sold to him shall pay the difference. However, where the second auction is awarded +at a higher price, the increase shall be for the benefit of the original seller. +4. The price shall be paid to the appraisal expert who carried out the auction in cash or via +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 49 the approved means of modern technology, and he shall be directly liable for payment of +such pr ice to the person in favor of whom the auction is made. +5. The person requesting the sale may not, either personally or through others, bid on the +goods offered by him for sale. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (124 ) +The owner of the used auction room or electronic platform or the appraisal expert, as the case +may be, shall for the fee or commission to which he is entitled have a right of lien over the +price of items he sells at public auction. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (125 ) +1. A resolution by the Minister of Economy, in consultation with the local c ompetent +authorities, shall be issued to regulate the practice of the profession of appraisal experts and the utilization of auction rooms and electronic platforms via modern means of +technology. +2. Without prejudice to any severer penalty set forth in anothe r law, any person violating the +provisions of the said resolution shall pay a fine not exceeding (10,000) ten thousand +dirhams. In all cases, the judge shall order that the office or room to be closed or the +electronic platform be blocked, as well as remov ing billboards and panels which the +violator had used. Such court order shall be published, at the sentenced party's expense, pursuant to the procedures and time limits set forth in the legislation in force in the State. + + + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 50 Section T hree +Public Auction Sale at Reduced Prices at Commercial Stores +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (126 ) +1. Physical or virtual commercial stores may not sell their goods at public auction, except in +one of the following cases and after obtaining the necessary authorization from the local +authorities: +2. Final liquidation of the commercial store; +3. Final discontinuation of trading in one or more of the items which the commercial store deals with in its trade; +6. Liquidation of one of the commercial store's branches, unless such branch is located at the same cit y where the head office of the commercial store locates; +5. Relocation of the main store and branches thereof from one Emirate to another. In such case, the liquidation must be effected within (4) four months at most, and it shall result in +a prohibition to c arry out the activity discontinued due to the liquidation in such Emirate +before the lapse of at least one from the date on which the auction is completed; and +6. Closeout of goods which have become defective due to fire, water leakage, humidity, +insects raging or the like. +7. The procedures of liquidation and sale in public auction, pursuant to the provisions of the +said resolution, shall be developed and specified by a resolution by the competent +authority in this regard. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (127 ) +1. A physical or virtual commercial store and its branches located in the same city may sell +its goods by putting them on sale according to the number of times, controls and time +limits identified by the competent authorities. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 51 2. Any action for the purpose of announcing reduced price s shall be considered a sale. +3. Sales may be effected or announced by any media means only after obtaining a permit +therefor from the competent authority in the relevant Emirate, which shall state the start +and end date of the sales and the selling prices pr ior to and during such period. Such +permit may be granted only to those persons holding a valid trading license and registered +in the relevant chamber of commerce. +4. A merchant shall comply with any controls regulating sales set by the competent authority in the relevant Emirate. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (128 ) +Employees of the competent authority in the relevant Emirate shall have the right to monitor +the implementation of the provisions of Articles (126) and (127) above. To that end, they may +enter the commercial store which holds a permit to carry out closeout or sales, and to request +the papers and documents pertaining to the operation, subject of the permit, and to record +any breaches against the permit provisions. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (129 ) +Any person violating the provisions o f Articles (126), (127) and (128) above shall be penalized +by a fine not exceeding (AED 40,000) forty thousand dirhams. In case of recidivism, a fine not exceeding (AED 60,000) sixty thousand dirhams shall be levied, and the violator may be +prohibited from obtaining permits for sales for a period of (3) three years from the date on +which he committed the violation. + + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 52 Section F our +Certain Kinds of International Sales +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (130 ) +Parties may agree on the application of the rules governing international co mmercial sales +issued by the International Chamber of Commerce, instead of the provisions set out in this +Section. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (131 ) +Fob Sale +1. A ""FOB sale"" is one by which the item sold is delivered at the port of shipping on board the +vessel designated by the buyer for its transport. +2. In FOB sale, the buyer shall conclude the maritime transport contract, pay its freight and +notify the seller, with in reasonable time, of the name of the vessel designated for the +transport, as well as the location and date of shipping and the timeline for carrying it out. +3. The buyer may entrust the seller with the conclusion of both transport and insurance +contracts fo r the goods on behalf of the buyer. The relationship between the seller and the +buyer in this respect shall be governed by the provisions of the agency contract. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (132 ) +1. The seller shall pack, secure and transport the item sold to the port of shipp ing and ship it +onboard of the vessel designated by the buyer, on the specified date or within the time +limit set for shipping. +2. The seller shall bear the expenses of loading and packing and the costs for inspecting, measuring, counting or weighing the item sold before shipping it. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 53 3. The seller shall, without delay, notify the buyer that the item sold has been shipped and +shall dispatch to him the papers evidencing the same, and the buyer shall bear the costs of such notice and dispatch. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (133 ) +1. Where the item sold needs an export permit for it to be exported outside the State or any +other governmental license, the seller shall obtain the same at his own expense. +2. The buyer shall undertake to obtain, at his own expense, the import permit and other docume nts required for this purpose. +3. The seller shall duly obtain a certificate of origin for the item sold and shall present it to +the buyer, who shall bear the expenses related thereto, unless otherwise agreed upon. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (134 ) +The seller shall provide such assistance as will be needed to enable the buyer to obtain the bill +of lading and such other documents as required to be issued in the country of shipping of the +item sold, in order to enable the buyer to import it or make its passage in transit throu gh +another state easier. The buyer shall bear the expenses incurred for the obtaining of such +documents. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (135 ) +The seller shall pay all the sums due in connection with the item sold, including the export charges and the shipping expenses up to th e moment when the item sold crosses, during its +shipping, the barrier of the vessel, as well as the liability for damage which may be suffered by +the item sold until that stage. However, any sums due or damage sustained thereafter shall be +borne by the buy er. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 54 +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (136 ) +Where the arrival of the vessel, designated by the buyer for transporting the goods, is delayed +beyond the expiry of the time limit set for shipping, or where the vessel departs the said port +before expiry of the said time limit, or if the vessel is unable to ship the goods for a reason that +cannot be attributed to the seller, the buyer shall be liable for the resulting additional costs +and shall bear the consequences of the damage that may be sustained by the item sold from +the expiry d ate of the time limit set for the shipping, provided that the item sold has been, on +that date, designated per se. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (137 ) +Where the buyer fails to notify the name of the vessel at good time or if he reserves the right to fix the date of delivery d uring a set time limit and he fails to do so or to designate the port +of shipping but fails to issue specific instructions during such time limit, the buyer shall be liable for the resulting additional costs and shall bear the consequences of the damage that +may be sustained by the item sold from the expiry of the date of notification or the time limit +agreed upon to designate the date for delivery, provided that the item sold has been, on that +date, designated per se. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (138 ) +Where it is agreed that the item sold shall be delivered on the dock of the port of shipping +where the vessel designated by the buyer is anchored, the sale shall be termed F.A.S. and such +sale shall be governed by the provisions of the FOB sales, except for shipping the good s on +board the vessel. + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 55 " +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (139 ) +Cif Sale +1. A ""CIF sale"" is a sale concluded against a lump sum covering, in addition to the sold item +price, the price of the item sold, the maritime insurance charges and freightage by vessel +to the port of destination. +2. Goods shall be considered as having been delivered to the buyer upon completion of +shipment by the vessel, and the liability for perishing of such goods shall from that +moment be borne by the buyer. +3. Where the seller fails to provide insurance coverage, the sale shall be deemed a (C&F) sale. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (140 ) +The seller shall conclude a transport contract for the goods with a reputable carrier, as per the +usual conditions, and shall choose a suitable vessel to carry goods of the same type of the item +sold. The seller shall further pay the freightage and any other sums which the carrier might stipulate to be paid at the port of shipping. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (141 ) +1. The seller shall buy an insurance policy for the item sold from a reputable insurer covering the risks of transport and he shall assume all the costs and expenses required thereof. +2. The insurance policy shall be based on a commercial paper and in accordance with the conditions of prevailing practice, provided that the insurance sum shall not be less th an +the price mentioned in the sale contract. +3. The seller shall be bound only to insure against the normal risks of transport and he shall +not be required to insure against additional risks and the risks of war except where the +same is required by the buyer. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 56 4. The seller shall not bear any liability towards the buyer for the inability of the insurer to +pay the insurance sum, if he has bought the insurance policy for the item sold from a reputable insurance company. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (142 ) +1. The seller shall be bound to pack the item sold and ship it on board the vessel within the time +limit set for shipping, or within the period dictated by custom. The seller shall further bear the +expenses of packing and the costs of inspection, measuring, weighing or counting the item +sold as is required for its shipping. +2. The seller shall, without delay, notify the buyer of the name of the vessel and completion of +shipping. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (143 ) +1. Shipping of the item sold by the seller shall be proved by means of a bill of lading where the word ""shipment"" is mentioned. However, if the bill of lading states ""under shipment fee"", the +buyer may prove the shipping has not actually been taken place on the date mentioned in the bill. +2. Where the bill of lading contains a handwritten statement signed by the captain of the vessel, +certifying that the goods were actually shipped on the specified date, the buyer in such a case +may not prove the contrary vis -à-vis the seller. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (144 ) +1. The seller shall duly obtain a certificate of origin for the item sold and shall present it to +the buyer, who shall bear the expenses related thereto, unless otherwise agreed upon. +2. The seller shall further provide such assistance as will be needed to enable the buyer to +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 57 obtain the necessary documents issued in the c ountry of shipping of the item sold, in order +to facilitate its import or passage in transit through another country. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (145 ) +1. The seller shall pay the sums due in connection with the item sold, until its shipment on +board the vessel, including expo rt fees. +2. However, the buyer shall bear import fees and charges and expenses to clear the item sold at the port of discharge. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (146 ) +The seller shall bear the consequences of the damage which may be sustained by the item +sold, up to the moment when it crosses the barrier of the vessel. Such consequences shall +thereafter pass on to the buyer. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (147 ) +1. After goods are shipped, the seller shall send, without delay, to the buyer a clean negotiable bill of lading addressed to the port designated for discharge. There shall be +attached to the bill of lading a list of the goods sold, their value, the insurance policy or a +similar certificate, in addition to any other documents required by the buyer. Where the +bill of lading refers some matters to the charter party, a copy of the latter shall also be +attached to the bill of lading. +2. A bill of lading shall be deemed to be clean if it does not contain any express additional +conditions confirming the existence of defects in the item sold or in the method o f its +packing. But such additional conditions do not include a reference in the bill of lading to +the prior use of containers or wrappings or to the non -liability for any damage that may +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 58 be sustained because of the nature of the item sold or of the carrier 's ignorance of the +contents or weight of the packages. +3. The certificate substituting the original insurance policy shall be issued by the insurer and +shall include the basic conditions provided for in the original policy, so that it confers the +bearer the rights stated therein. + +" +economy and business,Federal Decree by Law No. (50) of 2022 Concerning Promulgating the Commercial Transactions Law,"Article (148 ) +1. The buyer shall not be bound to accept the documents sent to him by the seller if they do +not conform to the stipulations of the sale contract. The buyer shall be deemed to have accepted such documents if he does not raise any objection via the seller's bank within (7) +seven days of the date of receipt. Any objection shall be made by notice served in writing to the seller requiring him to send documents conforming to the conditions agreed upon +within a reasonable time limit. The buyer may, after the expiry of said time limit, request +the termination of the sale and payment of damages, where applicable. +2. Where the buyer returns the documents for certain specified reasons or accepts them with reservations, he may not thereafter make any objection other than for the causes and +reservations already made. +3. Where the buyer returns the documents without any legitimate reason, he shall be liable +to compensate the seller for whatever damage that may result therefrom. + +Article (149 ) +Where the vessel carrying the item sold arrives before the arrival of the documents or where +the documents received are incomplete, the seller shall immediately, upon being informed of +the same, carry out whatever action that may be necessary to enable the buyer to obtain a +copy of the documents which have not arrived or to complete the incomplete documents. The +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 59 seller shall bear the resulting expenses and any damages, where applicable. + +Article (150 ) +Without prejudice to the provisions of article ( 108) above, the buyer shall receive the item +sold upon its arrival at the port agreed upon, and the buyer shall bear such sums as will be +due on the item sold during its transport and the expenses of discharge upon its arrival, save +where the carrier has o btained such sums and expenses at the port of shipping or where it is +agreed in the sale contract that they shall be borne by the seller (the sale being CIF until the +discharge). + +Article (151 ) +Where the buyer reserves the right to fix a date for the ship ping or to designate the port of +discharge within a set time limit but he fails to issue specific instructions during such time +limit, he shall be liable for any additional expenditure resulting therefrom and such damage +as may be suffered by the item sold until the expiry of the time limit for shipping; provided +that the item sold has been, on that date, designated per se. + +Article (152 ) +Where something contrary to the documents is detected and such contradiction does not exceed the limit allowed by custom, the buyer shall be bound to accept the same with a +reduction of the price, as per the applicable custom at the port of destination. + +Article (153 ) +Arrival Sale +A contract which contains such conditions as will render the seller liable for the perishing of +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 60 the goods after shipment, or makes the performance of the contract conditional to the safe +arrival of the vessel, or which vests in the buyer an option to accep t the goods according to +the contract or according to the pro -forma delivered to him at the time of contracting, shall +neither be a CIF nor FOB sale, but shall be deemed to be a sale conditional to the delivery at +the place of arrival. + +Article (154 ) +Sale at the Airport of Departure +A sale at the airport of departure is one by which the goods sold are delivered at the airport of +departure by placing them at the disposal of the air carrier designated by the buyer or chosen +by the seller. + +Article (155 ) +1. The seller shall, after entering into the contract, undertake to deliver the goods at the +airport of departure to the air carrier or to its representative at the place and on the date +agreed upon or at the place designated by the buyer, in accordance with the rules and +practices applicable at the airport of departure. +2. The seller shall without delay notify the buyer that the delivery of the goods has been +effected by any means of telecommunications or means of modern technology. + +Article (156 ) +1. The seller shall conclude a goods carriage contract, at the expense and responsibility of +the buyer, if it is so requested by the buyer; or the seller shall perform the same where the +buyer has not issued instructions on the goods carriage within a reasonable time, and such +act shall be according to the applicable commercial customs. The seller may refrain from +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 61 concluding a carriage contract, in which case, the buyer shall be promptly notified thereof. +2. Where the seller takes it upon himself to conclude a carriage contract, he shall abide by +the instructions issued to him by the buyer and choose an airplane suitable to carry goods +of such nature as the item sold on an ordinary flight from the airport of departure to the +airport of arrival designated by the buyer, or to the closest airport to the buyer's +establishment. + +Article (157 ) +1. The seller shall pay all duties and taxes due on the goods as a result of their export. +2. The seller shall provide the buyer with all the documents needed for the receipt of goods +which are readily available to the seller. + +Article (158 ) +Where the air carrier or the other person designated by the buyer refrains from receiving the +goods at the airport of departure, or where the buyer fails to provide the seller, within a +reasonable time, with the instructions required for the transportation of goods, the seller shall, +as soon as possible, notify the buyer thereof. + +Article (159 ) +1. In the event where the seller is not bound to conclude the goods carriage contract, the buyer shall, at his own expense, organize the carriage of goods from the airport of +departure to the airport of arrival. The buyer shall further designate the air carrier or it +representative or any other person to whom the goods are to be delivered, and he shall +notify t he seller within a reasonable time thereof. +2. Where the buyer fails to notify the seller, within a reasonable time, of the instructions +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 62 required for the carriage of goods, the buyer shall bear all the additional costs arising +therefrom, as well as any damage that may be sustained by the goods, from the date fixed +for delivery, provided that the goods were allotted or designated per se. + +Article (160 ) +Where the air carrier or any other person designated by the buyer refrains from receiving the goods, the buyer shall bear all additional costs arising therefrom, as well as any damage that +may be sustained by the goods, as of the date on which the goods have become ready for +delivery; provided that the goods are allotted and designated per se. + +Article (161 ) +The sale contract in the above international sales shall be separate and may not affect the +relations between the seller, the buyer and the carrier to the carriage contract, or between the +buyer and the bank in the documentary credit contract. + +Part T hree +Commercial Mortgage +Article (162 ) + +1. A commercial mortgage is a mortgage executed on a movable property to secure a +commercial debt. +2. Except for the restrictions stipulated herein or in any other law, a commercial mortgage +may be proved by all means of evidence with regard to the contracting parties and against +third parties. +3. The application of the provisions of this Part shall be effected without prejudice to any +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 63 particular legislation governing the commercial legislation. + +Article (163 ) +1. A commercial m ortgage shall be effective against a debtor or third parties only where the +possession of the mortgaged item passes from the mortgagor to the mortgagee or to a +third party appointed by both contracting parties and remains in the possession of either +such p arty receiving it until the lapse of the mortgage; or unless it is placed under joint +possession in such manner as to prevent the mortgagor to dispose thereof without the knowledge of the creditor. +2. The mortgagee or the third party shall be deemed as having possession of the mortgaged +property if it is placed at his disposal in such a manner as will lead others to believe that the mortgaged property has come into his custody; or if he receives a deed representing +the mortgaged property vesting unto its holde r the sole right to take delivery of the same. +3. The transfer of possession of rights shall be effected by the delivery of the instruments establishing them; and where the instrument is lodged with a third party, the delivery of +the deposit receipt shall be deemed as the delivery of the instrument itself; provided that +the instrument is described in the receipt accurately and in detail and provided that the +depositary accepts possession thereof for the account of the mortgagee. In such case, the +depositary sh all be considered as having waived every right he had to retain the +instrument for his own account for a reason existing prior to the mortgage, unless he had reserved such right when he accepted to hold possession of the instrument for the account +of the mortgagee. + + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 64 Article (164 ) +1. Where the mortgaged item consists of registered instruments, the mortgage thereof shall +be made in writing with a waiver of such instruments stating that they are made as a +security. This shall be marked on the instrument itself and such waiver shall be recorded +in the registers of the authority having issued the instrument. The rank of the mortgagee shall be determined as of the date of such registration. +2. As for promissory notes, the mortgage thereof shall be effected by an endo rsement stating +that the value is for mortgage, security or any other statement to that effect. + +Article (165 ) +1. A debtor who is indebted with a commercial debt may garnish in favor of his creditor by a +written instrument a debt owed to him by a third party. In this case, the debtor shall deliver +to the judgment creditor the instrument establishing the said debt. +2. The garnishment of the debt shall take effect against the debtor on whose debt the garnishment was effected only by serving such garnishment upon him or by his +acceptance thereof. In addition, it shall take effect against third parties only by the +possession of the judgment creditor of the debt instrument. +3. The rank of the debt shall be determined as of the date of service or acceptance. + +Article (166 ) +A mortgagee shall take all the necessary measures to safeguard the mortgaged item and +undertake the maintenance thereof. Where the mortgaged item is a negotiable instrument, +the mortgagee shall on the maturity date carry out the proceedings necessary to protect the +right established therein and collect it. The mortgagor shall pay all expenses incurred by the +mortgagee in this regard. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 65 +Article (167 ) +A mortgagee shall use on behalf of the mortgagor all the rights and procedures relevant to the +item m ortgaged, as well as receiving its value, profits, interests and any other sums resulting +therefrom. He shall however deduct the sums received from the value of the expenses incurred on behalf of the mortgagor, then from the interests and then from the principal sum +secured by the mortgage, unless otherwise provided by the agreement. + +Article (168 ) +A mortgagee shall, when requested by the mortgagor, deliver to him a receipt showing the +nature, type, amount, weight and other distinguishing features of the m ortgaged item. + +Article (169 ) +1. Where a mortgage is effected on a fungible item, it shall remain in place even if the +mortgaged item has been replaced by another item of the same kind. +2. Where the mortgaged item is non -fungible, the mortgagor may replace it by another item; +provided that the same is agreed on in the mortgage contract and that the mortgagor +accepts the substitute, without prejudice to the rights of a bona fide third party. + +Article (170 ) +1. Where the mortgagee fails to pay the secured debt on the maturity the debt, the mortgagor +may, after the lapse of (7) seven days from the date of notifying the debtor of repayment, +request the court to authorize him to sell the mortgaged item. The request shall be +considered on an urgent basis, and the court s hall decide the sale method. +2. The mortgagee shall, by exercising the lien, collect his debt, including the principal +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 66 amount, interests and expenses paid in the course of claiming his debt, from the price +generated from the sale. + +Article (171 ) +Where the mortgage is decided for several properties, the mortgagee may designate the +property to be sold, unless otherwise agreed upon. In all cases, the sale may cover only the sum needed to clear the mortgagee's right, except where the item sold is indivisible. + +Article (172 ) +Where the market price of the mortgaged item decreases and becomes insufficient to secure +the debt, the creditor may fix a suitable time limit for the mortgagor to complement the +security. If the mortgagor refuses the same or where the fixed time limit expires and the +mortgagor fails to complement the security, the creditor may cause the item mortgaged to be sold, even before the maturity date, by adopting the procedures stipulated in article (170) +above. + +Article (173 ) +Where the mortgaged property is perishable or is subject to deterioration or devaluation, or +where its possession necessitates the incurring exorbitant expenses and the mortgagor is +unwilling to replace it by another property, both the creditor and mortgagor may request the +court to authorize him to sell it forthwith and determine the method of sale. The mortgage +shall be transferred to the price generated from the sale. + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 67 Article (174 ) +1. An agreement concluded at the time or after the establishment of a mortgage shall be null +and void, and shall vest in the mortgagee, in the event that the debtor fails not repay the +debt on the maturity date, the right to acquire or sell the mortgaged property, with no need +to comply with the provisions and procedures set forth in article (170 ) above. +2. Nevertheless, after the maturity of the whole debt or an installment thereof, the debtor +may assign to the creditor the whole or part of the mortgaged property, so as to repay the +debt or part thereof. + +Article (175 ) +Where the mortgaged item is an instrument and the nominal value of which has not been paid +in full, the mortgagor shall, when claiming the unpaid portion, present to the mortgagee the +sums of money needed to pay such portion, at least two days before the maturity date; +otherwise, the creditor may sell the instrument, pursuant to the procedures set forth in Article +(170) above. + +Part F our +Depositing in Public Warehouses +Article (176 ) +1. Public warehousing is a contract pursuant to which the warehouseman, whether an +individual, a company or a public person, undertakes to receive and store goods for the account of the bailer or any other person to whom ownership or possession thereof +devolves, as per the instruments representing the same. +2. No public warehouse vested with the right to issue negotiable instruments representing the goods warehoused may be constructed or invested without a license issued by the +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 68 competent authority in the relevant Emirate, as per the terms and conditions as are laid +down by the Minister of Economy, in consultation with the competent local authority in +the relevant Emirate. +3. Any warehouse where goods are received for storage and no storage receipt and pledge +deed are issued against such goods shall not be subject to the provisions of public +warehouses. +4. Any person who invests a public warehouse shall cover it with an insurance against risks +of fire, damage and theft. + +Article (177 ) +1. A warehouseman may not practice in any capacity, either for himself or for others, any +commercial activity having for goods of the same kind as the goods which he is licensed +to keep in his warehouse and issue instruments representing such goods. +2. The above provision shall apply if the person in charge of investing the warehouse is a company where one of its partners, who owns at least (10%) ten percent of its capital, +practices a commercial activity included in the prohibition provided in Clause (1) above. + +Article (178 ) +1. The bailer shall provide the public warehouse with correct data about the nature, type, +value and quality of the goods w arehoused. +2. The bailer may examine the goods delivered to the public warehouse for his account and to take samples thereof. + + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 69 Article (179 ) +1. The warehouseman shall be responsible for the goods handed over to him up to a sum +not exceeding that estimated by the bailer. +2. The warehouseman shall not be held accountable for any loss or deficit sustained by the +goods if such loss or deficit caused by a force majeure event or by the nature of the goods +or packing thereof. + +Article (180 ) +The warehouseman may, after notifying the bailer, apply to the court to which jurisdiction the +public warehouse pertains to grant him permission to sell the goods warehoused if they are +subject to immediate damage, and the court shall designate the method of sale. + +Article (181 ) +1. The bailer shall receive from the warehouseman a storage receipt showing the bailer's +name, occupation and domicile, as well as the type, nature and quantity of the goods +warehoused, name and location of the warehouse, name of the insurer of the goods (if +any ) and such other particulars as are required to identify the goods and indicate their +value. +2. A pledge deed stating all the data mentioned in the storage receipt shall be attached to +each storage receipt. +3. The warehouseman shall keep one true copy of the original storage receipt and the pledge +deed. + +Article (182 ) +Where the goods stored in respect of which a storage receipt and a pledge deed have been +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 70 issued are fungible, they may be replaced by goods of the same nature and quality provided +that a stipulation to that effect has been included in both the storage receipt and the pledge deed. In such case, all the rights and privileges of the receipt or pledge deed holder shall +transfer to the new goods. + +Article (183 ) +1. The storage receipt and the pledge deed may be issued in the name of or to the order of +the bailer. +2. Where the storage receipt and the pledge deed are made to the order of the bailer, he may +assign them together or separately by means endorsement. +3. The endorsee of a storage receipt and/or a pledg e deed may request that the endorsement +be registered along with his domicile and occupation in the copy kept by the +warehouseman. + +Article (184 ) +1. The endorsement of the storage receipt and the pledge deed must be dated. +2. Where the pledge deed is endorsed separately from the storage receipt, the endorsement +shall be accompanied by the authorization condition and shall include the sum of the debt +secured by the pledge, the maturity date, the creditor's name, occupation, domicile and +the signature of the endo rser. +3. The endorsee shall request that the pledge deed endorsement as well as any relevant particulars to be registered in the books of the warehouse and that the pledge deed be +marked up with such endorsement and particulars. + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 71 Article (185 ) +1. The holder of both the storage receipt and pledge deed may receive goods warehoused. +However, he may request that the goods be divided into several batches and to receive a +storage receipt and pledge deed for each batch. +2. The holder of the pledge deed alone without the storage receipt shall have the right of pledge on the goods warehoused. +3. The holder of the storage receipt alone without the pledge deed may recover the goods +warehoused; provided that he pays the debt secured by the pledge deed if such debt is +due, and if not, he may recover the goods before the maturity date of the debt, and he deposits with the warehouseman a sufficient sum to pay off the debt with its interest and +expenses until it falls due. This provision shall apply if the debt is due and the holder o f +the pledge deed fails to appear to cash it. The recovery of the goods warehoused may be restricted to one potion thereof after paying a sum that is proportionate to the value of +such portion. + +Article (186 ) +Where the debt secured by the pledge deed is n ot paid on the maturity date, the holder of the +pledge deed separate from the storage receipt may request for the goods pledged to be sold, +pursuant to the procedures set forth in article (170) above. + +Article (187 ) +1. The mortgagee shall have a priority rig ht over all creditors for collecting his right from the +price of the goods after deduction of the following amounts: +a. Taxes and duties due on the goods; +b. Judicial expenses incurred for the joint interest of creditors; and +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 72 c. Expenses incurred for the safekeeping, storage and sale of goods. +d. Any amount exceeding the sum of money due to the holder of the pledge deed +shall be paid to the holder of the storage receipt if he is present at the time of the +sale of goods. If he is not present, the sum shall be deposited in the treasury of the +court which has ordered the sale. + +Article (188 ) +1. The holder of a pledge deed may not have recourse against the debtor or endorsers until +the execution over the mortgaged goods has been effected and it has been established that it is insufficient to pay off the debt. +2. The holder of a mortgage deed shall have recourse against the endorser within (15) fifteen days from the date on which goods are sold, otherwise his action shall be rejected in case +of denial. +3. In all cases, the action of holder of a mortgage deed for recourse against endorsers shall be barred if he fails to initiate the execution proceedings against the mortgaged goods +within (30) thirty days from the maturity date of the debt. + +Article (189 ) +Where the goods sto red suffer an accident, the holder of the storage receipt or the pledge deed +shall have all the rights over the insurance sum which accrues upon the occurrence of such accident as those he had over the goods. + +Article (190 ) +1. In case of loss or perishing of the storage receipt, the holder thereof may apply to the Civil +Court to which jurisdiction the public warehouse pertains for an order to be issued to +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 73 deliver a copy to him of the said receipt; provided that he establishes his ownership +thereof and provides a sufficient guarantor or security. +2. In case of loss or perishing of the pledge deed, the holder may obtain an order from the +court against the debtor for repayment of the secured debt upon maturity; provided that +he produce s a sufficient guarantor or security. If the debtor fails to execute the order, the +person in whose favor the order is issued may request that the goods mortgaged to be +sold, pursuant to the procedures set forth in article (170) above; provided that the +endorsement has been registered in the copy kept by the warehouseman, and that the +notice requiring the repayment contains the particulars of such endorsement. + +Article (191 ) +1. A guarantor who has been presented in the case of loss of the storage receipt shall be discharged of liability upon recovery of the goods or upon the lapse of (3) three years if +no claim for the recovery of the goods is submitted to the warehouse. +2. A guarantor who has been presented in the case of loss of the pledge deed shall be discharged of liability upon the lapse of (3) three years from the date of registering the +endorsement in the books of the public warehouse. + +Article (192 ) +1. Where the bailer fails to recover the goods upon the expiry of the warehousing contract, +the warehouse man may request the sale thereof, pursuant to the procedures set forth in +article (170) above. He shall collect the sums due to him from the proceeds of the sale and +shall hand over the balance to the bailer or deposit such balance in the court treasury fo r +the bailer's account. +2. The provision of Clause (1) above shall apply if the storage term is indefinite, and one year +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 74 lapses and the bailer does not request to recover the goods or express his desire to +continue in the warehousing contract. + +Article (193 ) +1. Without prejudice to any severer penalty, any person who establishes or invests a public +warehouse without obtaining the license set forth in Clause (2) of article (176) above shall +be sentenced to imprisonment and/or a fine not less than (AED 20,000) twe nty thousand +dirhams and not more than (AED 100,000) one hundred thousand dirhams. +2. The court may, in case of conviction, order the closure of the warehouse until the violator obtains the required license, and it may also order the liquidation of the wareho use. + +Part F ive +Stock and Commodities Market +Article (194 ) +A stock market or a commodities market may be opened in the State only after obtaining the +necessary licenses according to the legislation governing stock markets and commodity +markets in force in the State. + +Part S ix +Commercial Agency +Chapter O ne +General Provisions + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 75 Article (195 ) +1. An agency shall be commercial when it relates to commercial activities. +2. The application of the provisions set out in this Part shall be effected in so far as they do +not contradict the Law of Commercial Agencies, referred to in this Law. + +Article (196 ) +1. A commercial agency shall be deemed paid, save where otherwise agreed upon. +2. Where the agent's remuneration is not fixed in the agreement and is not stated in the Law, +it shall be fixed according to customs, and in the absence of custom, the court shall estimate it. + +Article (197 ) +The remuneration shall accrue to the agent by the mere execution of the transaction assigned to him or if he proves th at it was not executed due to reasons attributed to the principal. In all +other cases, the agent shall be entitled to only a remuneration for his efforts and expenses to +be paid in accordance with customs (if any) or pursuant to the court's estimation in t he +absence of customs. + +Article (198 ) +A commercial agency, even though it has a general power of attorney, shall apply only to +commercial business, save where otherwise agreed upon. + +Article (199 ) +Where the commercial agency is granted for a specific com mercial transaction, the agent may +carry out all actions required to execute such transaction with no need to obtain an +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 76 authorization from the principal. + +Article (200 ) +1. The agent shall adhere to the compulsory and express instructions of the principal. If he +violates such instructions without an acceptable excuse, the agent may refuse the +transaction. However, as for guidelines issued by the principal, the agent shall have the +exclusive authority to act within the scope of the general objectives set by the principal for +the agent. +2. Where no express instructions are dictated by the principal concerning the transaction, +the agent shall delay its execution and request instructions from the principal, unless the +delay in implementing the transaction may cause damage to the principal or unless the +agent is authorized to act without instructions from the principal. +3. The agent may delegate a third party to implement the agency if he is so authorized by the principal. + +Article (201 ) +Where the agent implements the tas ks assigned to him under conditions that are more +beneficial than those stipulated in the agency, he may not acquire the difference which in such a case belongs to the principal, save where otherwise agreed upon. + +Article (202 ) +Where the goods or items he ld by the agent for the account of the principal are highly +perishable or are subject to value declination and no instructions are received from the principal in this respect within a reasonable time, the agent may raise a prompt request to the +court for authorization to sell them and determine the method of sale. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 77 +Article (203 ) +The agent may refrain from performing the work entrusted to him where performance +requires exorbitant expenses which have not been paid by the principal, unless otherwise +agreed upon between the two parties or unless there are previous dealing between them +stating that such expenses shall be paid by the agent. + +Article (204 ) +Where the agent refuses to execute the transaction entrusted to him, he shall forthwith notify the princip al thereof. In such case, the agent shall keep safe the goods and other things which +he keeps for the principal until he receives instructions in this respect. If the instructions are not received within a reasonable time, the agent may request the court t o authorize him to +deposit the goods and other things with a trustee to be appointed by the court. + +Article (205 ) +The agent shall be liable for such damage and loss as are suffered by the goods and other items which he keeps for the principal, save where such damage or loss has been arisen by an +external cause beyond the agent's control of the agent or from a defect that is inherent in the +goods or items. + +Article (206 ) +The agent shall not be bound to insure the items which he keeps for the principal unle ss the +latter so requires, or where the insurance is obligatory according to the law or custom, or if the nature of the item so dictates. + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 78 Article (207 ) +1. The agent may not constitute himself as a second party to the transaction assigned to him +for execution except in the following cases: +a. If the principal authorizes him to do so; +b. If the principal's instructions concerning the transaction are express and specific and +precisely executed by the agent; and +c. If the transaction is related to a commodity which has a fixed price in the market and +the agent has bought it for himself or has sold it to the principal from his own money +at such price. +d. The agent shall not be entitled to any remuneration against the agency in the above +cases. + +Article (208 ) +A third party de aling with the agent may request to peruse the agency contract, +correspondence and other documents establishing the agent's authority. Any restrictions to +the agent's authority shall not be valid vis -à-vis third parties, except if it is established that +such parties were aware of such restrictions at the time of concluding the contract. + +Article (209 ) +The agent shall inform the principal of the transactions he concludes for the principal's account. + +Article (210 ) +The agent shall submit to the principal on the agreed date or on the date fixed by custom or +by their previous dealings an account of the business carried out for his account. Such account +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 79 shall be in conformity with the facts. If false particulars have be en premeditatively included +therein, the principal may reject the relevant transactions and shall further be entitled to claim +damages. The agent shall not receive any remuneration for the said transactions. + +Article (211 ) +The agent may retain possession of the goods and other items dispatched to, deposited with +or delivered to him, as a security for the remunerations and expenses due to him from the +principal. + +Article (212 ) +Both parties to the commercial agency contract may terminate it at any time, and no +compensation is due except if the termination occurs without prior notice or at an inconvenient time. Where the contract has a fixed term, it may be terminated only for a serious +and acceptable reason, otherwise compensation will be required. + +Article (213 ) +Where the principal does not have a known domicile in the State, the domicile of his agent +shall be deemed to be his domicile. He may be litigated against and have official papers served +to such domicile with regard to the business conducted by the agent for the principal. + +Article (214 ) +Anything related to the regulation of commercial agency business shall be governed by the +relevant laws. + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 80 Chapter T wo +Certain Types of Commercial Agencies +Article (215 ) +I :Contract Agency +1. A contract agency is a contract whereby an agent undertakes to carry out, continuously +and in a specific area of activity, instigation and negotiation in order to conclude +transactions for the benefit of the principal in return for a remuneration. The contracts +agent's task may include the conclusion and implementation of such transactions in the +name of the principal and for his account. +2. A contract agency shall be in writing and shall indicate in particular the scope of agency, +remuneration of the agent, area of activity, contract term, in case of a fixed -term contract, +and the trademark (if any) of the commodity subject of the agency. + +Article (216 ) +A contract agent shall carry out his agency and manage his commercial activity in an +independent manner, and shall solely bear the expenses necessary to conduct his activity. + +Article (217 ) +Where the contract stipulates that the contract agent shall set up showrooms, warehouses for +goods or maintenance or repair facilities, the contract term may not be less than five years, +unless o therwise agreed. + + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 81 Article (218 ) +1. The contract agent may not receive the principal's rights, unless the principal grants him +this right, and in which case, the agent may not make any reduction or grant a time limit +without obtaining a special authorization therefor. +2. The contracts agent may receive such orders as are related to the performance of the contracts entered in through him, as well as any complaints concerning the non- +performance of such contracts. He shall further be deemed as the representative of his +principal in the actions relevant to said contracts, whether filed by or against him, in the +area of activity of the agent. + +Article (219 ) +1. The principal shall pay the agreed remuneration to the agent. +2. Such remuneration may be a perce ntage of the transaction value, which shall be +calculated on the basis of the price of sale to the customers, unless otherwise agreed. + +Article (220 ) +The contracts agent shall be entitled to a remuneration for transactions concluded by him or +for those wh ose non -conclusion is due to the principal's act, unless otherwise stipulated by +the contract. + +Article (221 ) +The principal shall provide the agent with all information necessary for the implementation of the agency. + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 82 Article (222 ) +1. The contracts agent shall be bound to safeguard the principal's rights and he may take all +the precautionary measures to that effect. He shall as well provide the principal with the +information pertaining to the market condition at the area of his activity. +2. The contracts agent may not, even after termination of the contractual relationship, divulge the principal's secrets which may come to his knowledge as a result of the +execution of the agency. + +Article (223 ) +In the event where the principal replaces the contracts agent by a new agent, the latter shall +be jointly responsible with the principal for the payment of the compensation decided by the +court to the previous agent whenever it is established that the replacement of the previous +agent was a result of collusion between t he principal and the new agent. + +Article (224 ) +Notwithstanding the rules of jurisdiction provided for in the Civil Procedure Code, the court +within its jurisdiction the contract performance is located shall be competent to hear all +disputes arising from the contracts agency. + +Article (225 ) +A distribut ion contract whereby a merchant undertakes to promote and distribute products +of an industrial or commercial facility in a specific area on an exclusive distributorship basis, shall be considered as a contract agency, and shall be governed by the provision s of Articles +(218), (223) and (224) hereof. + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 83 Article (226 ) +In case of denial and lack of lawful excuse, all cases arising from a contract agency shall be +barred after the lapse of (3) three years from the termination of the agency. + +Article (227 ) +II: COMMISSION AGENCY +1. A commission agency is a contract whereby the agent undertakes to carry out in his own name a legal act for the account of the principal against a commission to be received from +the principal. +2. Where the commission agent carries out the legal act in the name of the principal, he shall be governed by other general provisions of the commercial agency. + +Article (228 ) +1. Where the commission agent sells at a lower price or buys at a higher price than that fixed +by the principal, and the latter wishes to refute the transaction, the principal shall notify +the agent thereof within one week from the date on which he is informed that said +transaction was concluded, otherwise, he shall be considered as having accepted the +price. +2. The principal may not reject the transaction if the agent accepts to bear the price +difference. + +Article (229 ) +1. Where the commission agent buys for the account of the principal goods of a type or +category that is different from that requested by the principal, the latter shall not be bound +to accept the same. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 84 2. Where the commission agent buys goods which are in conformity to the goods requested +but in a larger quantity, the principal shall be bound to accept only the quantity which he requested. + +Article (230 ) +Where the commission agent enters into a contract with conditions better than the ones identified by the principal, the benefit shall be reverted to the principal. However, the agent +shall provide his statement of account based on the real conditions whereby the transaction +has been made. + +Article (231 ) +1. Where a commission agent who is assigned to sell grants the buyer, without the +permission of the principal, is given a time limit for payment of the price or makes the price +payable by installments, the principal may require the commission agent to pay the whole +price immediately. In such case, the commission agent may retain for himself the price difference and its interests (if any). +2. Nevertheless, the commission agent may grant a time limit for payment of the price or +make the price payable by installments, without the principal's permission, if it is the +custom to do so at the area where the sale is effected, save where the principal's +instructions bind the agent to effect the sale on an advance payment basis. + +Article (232 ) +Where the instructions of the principal require the commission agent to effect sale against a +deferred price and the latter effects the sale for an advance payment lower than the same, the +principal may not require him to pay the price until mat urity of the term fixed by him. In such +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 85 case, the commission agent shall pay the price on the basis of a deferred -payment sale. + +Article (233 ) +1. A commission agent may not change trademarks affixed to the goods received by him +from the principal or for the principal's account. +2. Where the commission agent has possession of a whole bunch of goods of the same kind which were dispatched to him by different principals, he shall distinctively label each +batch of goods. + +Article (234 ) +1. A commission agent may disclose the name of the principal for whose account he enters +into contract, unless the principal requires him not to do so. The disclosure of the +principal's name shall not result in a change in the nature of the agency, as long as the +commission agent e nters into a contract in his name. +2. The commission agent shall disclose to the principal the name of the third party with whom he contracts if the principal requires him to do so. If he refrains from doing so +without an acceptable excuse, he may be consider ed as a guarantor of the implementation +of the transaction. +3. In all cases, the commission agent shall establish the existence of the third party with +whom he contracted if the principal requires him to do so. + +Article (235 ) +1. A commission agent shall be directly liable to third party with whom he entered into +contract, and such third party shall also be directly liable to the commission agent. +2. A third party with whom the commission agent has entered into contract may not have +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 86 direct recourse against the p rincipal, nor may the latter have direct recourse against such +third party, unless the Law provides for otherwise. + +Article (236 ) +1. Further to his right of seizure, the agent shall have lien over goods and other items +dispatched by the principal or stored w ith or delivered to the agent. +2. Such lien shall secure the agent's remuneration and any expenses and sums he pays on behalf of the principal or he lends to him, along with their interests and other sums that +may accrue to the agent on account of the agency, irrespective of whether such amounts +have been paid before delivery of the goods or items or while they were in the possession +of the agent. +3. The said lien shall established without regard to whether the debt has arisen from +business related to the goods o r items which are still in the agent's possession or to other +goods or items which had previously been stored with, delivered or dispatched to the agent. + +Article (237 ) +1. The agent shall not have any the right of lien referred to in article (236) above unle ss he +possesses goods or items for the principal's account. Such possession shall be realized in the following cases: +a. Where the agent has effectively received the goods or items; +b. Where the goods or items were placed at his disposal in a public warehouse or +customs; +c. Where he possesses the same de jure before their arrival under a bill of lading or any +other bill of carriage; and +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 87 d. Where he has dispatched the goods and has retained possession thereof under a bill +of lading or any other bill of carriage. +2. In case the goods or items subject to the right of lien are sold and delivered to the buyer, +the agent's lien shall pass on to the price. + +Article (238 ) +The agent's lien shall have priority over all other liens, except judicial expenses and sums due +to the Gover nment. + +Article (239 ) +1. The execution proceedings adopted for a commercially mortgaged item shall apply to the +execution against goods and items in possession of the agent. +2. Where the agent is assigned to sell the goods or items in his possession, he may obtain execution thereon by selling them without having to comply with the proceedings +referred to Clause (1) above, unless he fails to implement the principal's express +instructions issued in respect of the sale. + +Article (240 ) +1. Where the commission agent who is assigned to sell is declared bankrupt before receiving +the price, the principal may claim payment of the price directly from the buyer. +2. Where the commission agent who is assigned to buy is declared bankrupt before he +receives the item sold, the pri ncipal may claim delivery of the item sold directly from the +seller. + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 88 Article (241 ) +1. A commission agent shall not guarantee the fulfillment of his obligations by the third party +with whom he contracted, unless he assumed expressly this guarantee, or if such +guarantee is stipulated by Law, or if it is customary at the area where he carries out his +activity. +2. A commission agent, who is guarantor of the fulfillment by the contractor of his +obligations, shall be entitled to an additional remuneration to be de termined by the court +where there is no agreement or custom in this respect. + +Article (242 ) +A commission agent may not delegate to a third party the work entrusted to him, unless he +obtains the permission of the principal to do so. If he delegates another agent to carry out such +work, the person delegated shall have no right of seizure or lien except to the limit of the debt due to the original commission agent. + +Article (243 ) +III: COMMERCIAL REPRESENTATION +A commercial representation is a contract whereb y a commercial representative undertakes +to conclude, on a permanent basis and within a specific area, transactions in the name and for +the account of his principal. + +Article (244 ) +A commercial representative shall not warrant the implementation of transactions concluded +through him, unless he had expressly agreed to such warranty or in case the custom in the +area where he carries out his activity dictates such warranty. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 89 +Article (245 ) +1. A merchant shall be liable for any transactions and contracts entered into by his +representative within the limits of the delegation conferred on him by the merchant. +2. Where the representative is delegated to by several merchants, they shall jointly assume +the liability. +3. If the representative is delegated by a company , the company shall be liable for his work, +and the partners' liability shall depend on the type of company. + +Article (246 ) +1. Where the limits of the authority vested in the commercial representative have not been +determined, the authority shall be deemed general and comprehensive for all the transactions +related to the kind of trade which the representative has been delegated to carry out. +2. A merchant may not invoke the limitation of delegation against a third party unless he establishes that such third par ty is aware of such limitation. + +Article (247) +A commercial representative shall carry out, in the name of the merchant who conferred +delegation on him, the commercial activities which he has been authorized to undertake on +behalf of the merchant. Upon signing the same, he shall place next to his name in full the full +name of the merchant and shall indicate his capacity as commercial representative, otherwise, he shall be personally liable for his own action. Nevertheless, third parties may have direct +recourse against the merchant with regard to the transactions concluded by the +representative in connection with the trade which he has been delegated to carry it out. + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 90 Article (248 ) +A commercial representative may represent the merchant in actions arising f rom the +commercial transactions carried out by him. + +Article (249 ) +A commercial representative shall be jointly liable with the merchant for complying with the +law provisions related to unfair competition. + +Article (250 ) +A commercial representative may not carry out any commercial transaction of the kind for +which he is represented for his own account or for the account of a third party, without the +express prior consent of the merchant who appointed him. + +Article (251 ) +Where it is agreed that the comme rcial representative shall be the exclusive general +representative of the merchant in the agreed area, the commercial representative shall be entitled to a commission for each transaction concluded for the account of the merchant in +such area, even if the merchant has concluded it by himself or if it was concluded through a +person other than the commercial representative, except if it is established that the failure to +conclude the transaction through the commercial representative is attributed to a reason +related to the representative himself. + + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 91 Part S even +Brokerage +Article (252 ) +Brokerage is a contract whereby a broker undertakes to another person to look for and +mediate in negotiations with a second party, in order to enter into a specific contract, in +consideration of a fee. + +Article (253 ) +1. Where the broker's fee is not fixed in the Law or the agreement, it shall be determined according to the customs. In the absence of a custom, the judge shall estimate it according +to the transaction value, the effort exerted by the broker and the time spent by him while +carrying out the task assigned to him. +2. The judge may reduce the fee agreed if it is not commensurate with the nature of the +transaction and the effort exerted by the broker. No reduction may be d ecided if the fee +was agreed upon or if it was willingly paid by the customer after the conclusion of the +contract brokered by the broker. + +Article (254 ) +1. A broker shall be paid for his brokerage if such brokerage results in the conclusion of the contract between the two parties. The contract shall be deemed to have been concluded +when both parties have agreed on all substantial matters therein. +2. The broker shall be entitled to receive his fee by the mere conclusion of the contract, even it was not implement ed, unless otherwise required by the Law or custom. +3. Where the contract is pending to a condition precedent, the broker shall receive the fee +only when such condition is realized. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 92 4. Where it is impossible to enter into a contract for a reason attributable to the customer, +the broker shall be entitled to compensation commensurate with the effort exerted. + +Article (255 ) +Where the contract which has resulted from the broker's brokerage is terminated, the broker +may claim his fee or keep it where he has already received it, unless fraud or serious error is +established on his part. + +Article (256 ) +Where the broker brokers the conclusion of a legally -prohibited transaction, he shall not +receive any fee in consideration of such transaction. + +Article (257 ) +1. The broker shall be entitled to receive a fee only from the party to the transaction who has +delegated him. +2. Where the broker has been delegated to by both parties, each of them shall be severally +liable to the broker for payment of the fee due to him, even if they had agreed that either +party will bear the broker's fee in full. + +Article (258 ) +A broker, even if he is delegated only by one of the transaction parties, shall submit a faithful +offer to them and inform them of all circumstances known to him, and he shall be liable to +them for any fraud or fault committed by him. + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 93 Article (259 ) +A broker may not recover the expenses incurred by him in the execution of the task assigned +to him, unless otherwise agreed. In such case, the said expenses shall be payable even if the +contract has not been concluded. + +Article (260 ) +A broker may not claim his fee or recover his expenses if he has caused damage to either contracting party in favor of the other contracting party who did not assign him to broker in +the conclusion of the contract, or where he has obtained a promise from such other party +contrary to the good faith in order to obtain a benefit for himself. + +Article (261 ) +A broker may not act as second party to the contract for which he acts as a broker, un less the +contracting party authorizes him to do so. In such case, the broker shall not be entitled to a fee. + +Article (262 ) +1. A broker shall record in regular entries all the transactions concluded through his endeavors, and shall keep the relevant document s, and shall further give a true copy of all +the foregoing to any contracting party requesting the same. The said entries shall be governed by the same provisions of commercial books. +2. In case of sale according to samples, the broker shall keep the sample u ntil the goods are +accepted by the buyer, without any reservation, or until all conflicts are settled between +the two parties in this respect. + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 94 Article (263 ) +A broker shall be liable to compensate any damage arising from the perishing or loss of +documents, papers or items delivered to him pertaining to the transaction for which he is +brokering, unless he proves that such perishing or loss was due to a force majeure event. + +Article (264 ) +A broker may not render brokerage for persons who are reputed for their insolvency, or if he knew them to be unqualified. + +Article (265 ) +1. A broker shall not be required to guarantee the solvency of the two parties to the +transaction in which he acts as a broker and shall bear no liability for its implementation +or for the value and quality of the goods related thereto, unless an act of fraud or fault is +established on his part, or where he acts as a guarantor under the agreement or Law. +2. The broker shall be jointly liable for the implementation of the transaction with the +contracting party if he has an interest therein in addition to his fee. + +Article (266 ) +1. Where a broker designates another person to perform the task assigned to him without being authorized to do so, he shall be liable for the designee's action as if such action has +been made by him; however, both the broker and his designee shall jointly assume the +liability. +2. Where the broker is authorized to designate a designee without naming the person of such designation, the broker shall be liable only for his fault in selecting his designee or his fault +in the instructions issued by him to the designee. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 95 3. In all cases, the person who has assigned the broker may have direct recourse against the +designee. + +Article (267 ) +Where several brokers have been assigne d for one contract, they shall be jointly liable for the +task entrusted to them, unless they have been authorized to act severally. + +Article (268 ) +Where several persons assign one broker for a joint task, they shall be jointly liable to the same for the p erformance of such task, unless otherwise agreed upon. + +Article (269 ) +Brokerage in stock markets and goods shall be governed by the provisions of the relevant laws and regulations. + +Part E ight +Carriage +Chapter O ne +General Provisions +Article (270) +A carriage contract is a contract whereby a carrier undertakes to carry by his own means a +person or an item from one place to another in return for a fee. + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 96 Article (271 ) +Apart from maritime transport, the provisions stipulated in this Part shall apply to all kinds of +carriage, regardless of the carrier's capacity, subject to those provisions stipulated in the laws +concerning certain kinds of carriage and the provisions of the international carriage +conventions applicable in the State. + +Article (272 ) +The provisions set forth in this Part shall apply to carriage even if it is associated with +operations of another nature, as long as such operations do not constitute the main objective +of the contract. + +Article (273 ) +1. A carriage contract and a commission agenc y contract for carriage shall be concluded by +the mere association of an offer and an acceptance, unless both parties agree to defer such +conclusion to the time of delivery. The contract may be proved by all means of evidence. +2. The receipt by the carrier of the item subject to carriage shall be deemed as an acceptance +by him of the offer made by the consignor. +3. A passenger's boarding on the means of transport shall be considered as an acceptance of the offer made by the carrier, unless it is established that the passenger's intention was not +to conclude a carriage contract. + +Article (274 ) +1. Where the carrier uses multiple forms of contracts and the two parties have not agreed to +adopt a specific form, the carriage shall be effected according to the form which includes the +general conditions. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 97 2. Where the two parties agree to adopt a specific form, the conditions stated therein shall be +indivisible. + +Article (275 ) +1. Where the carrier holds a concession of a certain type of carriage or of the utilization of +specific lines of transport, it shall be bound to accept all requests raised to the same, save where a request is contrary to the prescribed carriage conditions or where it is impossible for +the carrier to execute it for reasons beyond its control. +2. Where the carriage requests exceed the capacity of the means of carriage which the carrier is +licensed to use, he shall accept such requests according to their dates of submission, so that +the request first raised shall have precedence over su bsequent requests, unless some of such +requests have priority pursuant to the carriage conditions. + +Article (276 ) +The carrier's liability shall cover his acts and those of his subordinates when such acts are +committed by them in the course of rendering their services. All persons employed by the carrier for the performance of its obligations under the carriage contract shall be considered +as a subordinate. + +Article (277 ) +1. Explosion, burning, derailing or collision of the carriage means or any other accidents attributed to the tools and machines used by the carrier in the performance of the carriage +and may constitute a force majeure event in the performance of the carriage contract, even if +the carrier establishes that he has adopted precautionary me asures to guarantee the +suitability of said carriage means for work and to prevent the occurrence of damage. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 98 2. Accidents attributed to sudden death or physical or mental weakness of the carriage +subordinates at work may not constitute a force majeure event, even if the carrier proves that +he had taken precautionary measures to guarantee their physical and mental fitness. + +Article (278 ) +A carrier may not be held accountable for compensating any damage arising from the disruption of carriage or deviation from the route set due to necessity to provide assistance to +any sick, injured or endangered person. + +Article (279 ) +1. Fraud in the performance of a carriage contract shall mean any act or omission committed by the carrier or his subordinates with the intent to c ause damage. +2. A serious error shall mean every act or omission committed by the carrier or his subordinates with imprudence associated with awareness of the damage which may be caused. + +Chapter T wo +Contract of Carriage of Things +Article (280 ) +1. The consignor shall provide the carrier with the particulars concerning the consignee's +name and address, destination of the carriage, kind of items intended for carriage, as well as their value, weight, volume, quantity, packaging and wrapping method, number of parcel s included and any other particulars as are sufficient to identify the item required to +be transported, in addition to the delivery time limit and the route to be followed. +2. The consignor shall be held accountable for any damage arising from false or insuff icient +particulars provided by him. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 99 +Article (281 ) +1. The bill of lading shall contain, in particular, the following data: +a. Date of the bill and the location where it was executed; +b. Names and places of residence of the consignor, consignee, carrier and the commission agent +(if any); +c. Place of departure and destination; +d. Particulars related to the identification of the items carried and their value; +2. The date fixed for the performance of the carriage; +a. Freightage and other expenses with an indication of whether t hey are payable by the +consignor or the consignee; and +b. Conditions pertaining to the loading and unloading, type of transport means required to be used for carriage, the route to be followed, determination of the liability and any +other special conditions w hich may be included in a carriage contract. +3. The bill of lading may be executed in the name of or to the order of a specified person or +to bearer. +4. The bill of lading shall be circulated according to the rules of the assignment of rights where it is nominat ive, by endorsement if made out ""to order"" and by delivery where it is +made out ""to bearer"", without being concerned with the carriage or possession of goods. + +Article (282 ) +1. The consignor may require the carrier to hand him a copy of the bill of lading. +2. Where no bill of lading is executed, the consignor may require the carrier to deliver to him a +receipt signed by the carrier purporting to the receipt of the item carried. Such receipt shall be +dated and must include the sufficient particulars to identify the item carried and the +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 100 freightage. + +Article (283 ) +The bill of lading and the receipt issued and signed by the carrier purporting to the receipt of +the item carried shall constitute evidence for the particulars stated therein. Any person +claiming the con trary to such particulars shall have to establish same. + +Article (284 ) +1. The rights and obligations arising from the carriage contract shall neither be established +for nor be binding on the consignee, unless he accepts such rights and obligations either +expressly or implicitly. +2. The receipt by the consignee of the bill of lading or of the item intended for carriage, as well as his requiring to deliver the same to him or to issue instructions in this respect, shall +be deemed as an implicit acceptance of rights and obligations arising from the carriage +contract. + +Article (285 ) +1. The consignor shall deliver to the carrier the item to be carried and the documents necessary for the performance of the carriage. The consignor shall be held liable where +such documents are insufficient or untrue. Meanwhile, the carrier shall be liable for the +loss or misuse of such documents. +2. Where the carriage requires special preparations, the consignor shall so notify the carrier within sufficient time prior to the delivery of the ite m to be carried. +3. Delivery shall take place at the place of business of the carrier, unless otherwise agreed +upon. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 101 +Article (286 ) +1. Where the nature of the item intended to be carried requires special preparations for +carriage, including packaging or wrapping, the consignor shall take such precautions as +would protect it from perishing or damage, and as would not expose the other persons or +items carried with it to injury or damage respectively. Where the carriage conditions +require a specific method o f packaging or wrapping, the consignor shall be required to +adhere thereto. +2. The consignor shall be further liable for the damage arising from any defect in packaging or wrapping and the carrier shall be jointly liable with the consignor for such damage if he +has accepted to perform the carriage with his knowledge of the defect. The carrier shall be +deemed to be aware of the defect if it is apparent or of the type which cannot be concealed +to an ordinary carrier. +3. A carrier may not deny its liability for perishing or loss of one of the carried items by proving that the damage has arisen from a defect in the packaging or wrapping of another +item, and any agreement to the contrary shall be null and void. + +Article (287 ) +1. A carrier may examine the items to be carr ied, in order to verify their condition and the +authenticity of the particulars provided by the consignor in this respect. +2. Where such an examination requires the opening of the wrappings or containers, the +consignor shall be notified to attend the examination. Where the consignor fails to show +up on the scheduled date, the carrier may undertake the examination in his absence; +however, the carrier may claim the examination fees from the consignor, unless otherwise +agreed. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 102 3. Where the examination shows that the condition of the item does not allow its carriage +without damage, the carrier may refuse to carry it or may carry it after taking from the +consignor a declaration that he is aware of the condition of the item to be carried and that +he agrees the carriage thereof. In such case, it is required to establish in the bill of lading +the condition of the item and the consignor's declaration. + +Article (288 ) +The receipt by the carrier of the items to be carried without any reservations shall constitute +evidence that he received them in good condition and in conformity with the particulars stated in the bill of lading. Where the carrier claims otherwise, it shall be required to prove it. + +Article (289 ) +1. The carrier shall ship and stack the item to be carried on board of the ordinary means of carriage, unless otherwise agreed. +2. Where the consignor requires the shipping to be made on board a specific type of means of carriage, the carrier shall not be liable for damage caused by the use of such type of means of carriage, unless it has been caused by its own fault or the fault of its +subordinates. + +Article (290 ) +1. The carrier shall follow the route agreed upon. In the absence of an agreement for a +specified route, the carrier shall take the shortest route. +2. A carrie r may change the route agreed upon or take a longer one where a necessity arises +compelling it to do so. In such case, the carrier shall bear no liability for the delay and other damage which may result from the change of route, unless fraud or gross fault is +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 103 established on its part or on the part of its subordinates. + +Article (291 ) +1. The carrier shall ensure the safety of the item during the performance of the carriage +contract. +2. Where the safekeeping of the item during carriage route necessitates re -packaging or +repair, increase or decrease of wrapping or any other necessary measures, the carrier shall +undertake this and pay any costs required therefor, unless otherwise agreed upon. +Notwithstanding the foregoing, the carrier shall not be committed to take any +extraordinary measures in the transport such as the supply of food and water to animals, +provide medical services or other services or irrigate plants, unless otherwise agreed upon. + +Article (292 ) +1. The carrier shall unload the item upon arrival, unless unloading is carried out by the consignee or another person under an agreement, law, regulation or instructions. In such +case, the carrier shall not be liable for any damages resulting from the unloading. +2. In all cases, the carrier shall bear the u nloading costs, unless otherwise agreed upon. + +Article (293 ) +1. Where the delivery is not required at the place of the consignee, the carrier shall notify him of the arrival of the item carried and of the time on which he may take delivery +thereof. +2. The consignee shall receive the item on the date fixed by the carrier, otherwise, he shall +bear the storage fees. Upon the expiry of the time limit set for delivery, the carrier may carry the item to the consignee's place in consideration of additional freight age. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 104 3. The consignee may require to examine the item before receiving it, and if the carrier fails +to enable him to do so, the consignee may refuse to receive the item. + +Article (294 ) +1. Where the item to be carried is in possession of the carrier, the consign or may order him +to refrain from executing the carriage, to stop it or to return the item to him, or to direct it to a person other than the original consignee or to any other place or issue any other +instructions; provided that the consignor shall pay the freightage and costs of that part +performance of the carriage and compensate the carrier for any damage he may have +sustained as a result of the new instructions. Where the consignor receives a copy of the +bill of lading, he shall return it to the carrier , so that he enters therein the new instructions +which shall be signed by the consignor, otherwise, the carrier may refrain from +implementing such instructions. +2. The right to issue instructions concerning the item carried shall pass on to the consignee by t he mere fact that he receives the bill of lading or when he accepts expressly or +implicitly the carriage contract. In which case, the bill of lading shall be returned to the carrier to record therein the new instructions which shall be signed by the consig nee, +otherwise, the carrier may refrain from implementing same. +No new instructions related to the item to be carried may be issued, after the arrival of the transported item and the request of the consignee to receive it or notifying the consignee +to atte nd to receive it. + +Article (295 ) +The carrier shall execute the instructions issued to him by whomever is entitled to do so, pursuant to the provisions of article (194) above, unless the carriage conditions prohibit the +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 105 same, or unless it is impossible for the carrier to execute such instructions, or if execution +thereof would cause a disturbance in the traffic, or if the value of the item carried is not +sufficient to cover the expenses incurred by the carrier due to execution of the instructions. In +all such cases, the carrier shall notify the person who issued the new instructions of his +abstention from execution and the reason for such abstention. The carrier shall not be liable +for said abstention, unless it is unreasonably withheld. + +Article (296 ) +1. Wher e an obstacle prevents the commencement of carriage, or if the carriage is disrupted +during its execution, or if the consignee fails to appear to receive the item carried, or if he +appears but abstains form paying the freightage or expenses due, the carrie r shall notify +the consignor accordingly and seek further instructions. Notwithstanding the provisions of article (294) above, the carrier shall implement the instructions received by him from +the consignor, even if he fails to return a copy of the bill of lading given to him by the +carrier. +2. Where the consignor fails to issue instructions in a timely manner, the carrier may appeal +the court to state the condition of the item and to authorize him to store it with a trustee +for the account of the consignor an d at the consignor's liability. +3. Where the item is perishable or subject to the declination of value, or where its +maintenance costs are exorbitant, the court may order to be sold in the manner specified +by it and the price shall be deposited in the court t reasury for the account of the persons +concerned. + +Article (297 ) +The consignor shall pay to the carrier the freightage and other costs which may accrue, save +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 106 where it is agreed that they shall be borne by the consignee, in which case, both the consignor +and consignee shall be jointly liable to pay them to the carrier. + +Article (298 ) +The carrier shall not be entitled to freightage in respect of such items perished in +consequences of a force majeure event. + +Article (299 ) +1. Where a force majeure event prevents the execution of carriage, no freightage shall accrue +to the carrier. However, if said force majeure event hinders the carriage from being +completed, the carrier shall be entitled to receive the freightage for the part performance +of the carriage. +2. In all cases, the carrier may claim payment of the loading and unloading costs and other +necessary costs. + +Article (300 ) +The right to claim for the recovery of the sum paid in surplus to the freightage agreed or +prescribed in the carriage conditions shall be vested in the person who paid the freightage. + +Article (301 ) +1. The carrier may withhold the item carried in satisfaction of the freight, expenses and other +sums payable thereto. +2. The carrier shall have a lien over the price collected from the enforcement against the +items carried, in satisfaction of the freight and other sums payable to the carrier because +of the carriage. The provisions regulating the procedures of enforcement against +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 107 commercially -pledged items shall apply in this regard. + +Article (302 ) +1. From the moment the carrier receives the item to be carried, the same shall be held +accountable for its destruction, in whole or in part, damage and delayed delivery thereof. +2. An it em shall be deemed totally perished if the carrier fails to deliver it or to notify the +consignee to attend to receive it within (30) thirty days following the expiry of the time +limit set for delivery, or upon the expiry of the time limit usually required by an ordinary +carrier for the carriage had it been in the same circumstances or if no date for delivery has +been fixed. + +Article (303 ) +The carrier shall not be liable for destruction or impairment of the item carried after being +delivered to the consign ee, the agreed- upon customs point or the trustee appointed by the +court for safekeeping of the item, except where fraud or gross fault is established on the part of the carrier or its subordinates. + +Article (304 ) +1. The carrier shall not be held accountable for any loss in weight or volume that usually +occurs to the item during the carriage process due to its nature, unless it is proved that such a loss has resulted from any other cause. +2. Where the bill of lading covers several items divided into groups or par cels, the tolerable +loss of weight shall be determined on basis of the weight of each group or parcel in case such a weight is, or could have been, specified separately in the bill of lading. + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 108 Article (305 ) +Where the item is carried in the custody of the consignor or consignee, the carrier shall not be +liable for its destruction or damage, unless fraud or gross fault is proved on the part of the +carrier or its subordinates. + +Article (306 ) +The carrier may not deny its liability for the destruction, damage, or delayed delivery, of the +item carried, save where the same proves a force majeure event, a defect inherent to the item +carried, a fault committed by the consignor or consignee or an act of the Government. + +Article (307 ) +1. Any condition relieving the carrier from liability for total or partial destruction or damage +of the item carried shall be null and void. Moreover, any condition relieving the carrier of +such liability if arising from the acts of its subordinates shall also be null and void. Any condition that would bind the consignor or consignee, in any capacity whatsoever, to pay +all or part of the insurance expenses against the carrier's liability shall be deemed as an act +of relief from liability. +2. The carrier may require its total or partial relief from liability for delayed delivery. + +Article (308 ) +1. The carrier may require that its liability for the total or partial destruction or damage of the +item be limited; provided that the liquidated damages are not fictitious, and the same shall +be subject to the court's discretion in case of conflict. +2. The liquidated damages shall not be payable if the carrier proves that the consignee did not sustain any damage. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 109 3. Where the damage value is less than the amount of the liquidated damages, the judge may +reduce such amount to make it equivalent to the damage value. Nevertheless, where the +damage exceeds the liquidated damages amount, it is not permissible to claim more than +such amount, unless it is established that the carrier or its subordinates have committed +fraud or a gross fault, as in the latter case, the carrier shall indemnify the damage in full. + +Article (309 ) +The condition for limitation of, or relief from liability for delayed handover shall be +established in writing, otherwise, it shall be deemed null and void. Where the carriage contract is executed on printed forms, the said condition shall be clear and explicitly stipulated; +otherwise, the court may consider it null and void. + +Article (310 ) +The carrier may not invoke the condition of liability lim itation or relief for delayed delivery +where fraud or gross fault is proved on its part or on the part of its subordinates. + +Article (311 ) +1. Where the item carried is perished or damaged and its value is not indicated in the bill of +lading, the indemnity shall be determined on the basis of its real value at the venue and +time of arrival, unless otherwise stipulated by law or agreement. Save in case of total +destruction, the indemnity shall be determined taking into account the tolerable loss +permitted according to the customary practices. +2. Where the value of the item carried is indicated in the bill of lading, the carrier may object +to the same a nd prove, by all means of evidence, the real value of the item. +3. Apart from fraud and gross fault committed by the carrier or its subordinates, the carrier +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 110 shall not be held accountable for the loss of the item entrusted to it for carriage, including +money, commercial papers, jewelries or any other precious items, except to the extent of +the express written particulars provided by the consignor at the time of delivering the item +for carriage. + +Article (312 ) +1. No indemnity shall be concurrently claimed for bot h total loss and delayed delivery of the +item carried. +2. The indemnity for total destruction loss shall include the value of the item perished and +any loss sustained by the claiming party in consequences of such destruction. +3. The indemnity for delayed deliver y shall, in case of partial destruction, awarded only for +the undestroyed part. +4. In all cases, the court -ordered indemnity shall not exceed the indemnity amount falling +due in the event of the total destruction of the item. + +Article (313 ) +Where the item is partially damaged or perished or its delivery is delayed, so that it no longer +becomes valid for the purpose of its use, and the carrier's liability for such damage, destruction +or delayed delivery is established, the party claiming indemnity may waive th e item in favor +of the carrier against indemnity to be determined on basis of the total destruction of the +underlying item. + +Article (314 ) +1. Where indemnity is paid due to the item destruction, but then the underlying item is found +within one year following such payment, the carrier shall forthwith notify the indemnity - +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 111 receiving person of the same and ask such a person to attend to inspect it at the place +where it has been found, the place of departure or the place of arrival, at his option. +2. Where the indemnity -receiving person fails to send his instructions within (15) fifteen +days of the date of receiving the notification, if he sends the instructions but fails to attend +on the date fixed by the carrier for inspection, or if he attends but refuses to get th e item +back, the carrier may then dispose of the item. +3. Where the indemnity -receiving person requests that the item be returned to him, he shall +refund the indemnity received after deducting the expenses of the claim plus a sum +equivalent to the damage sust ained due to the delayed delivery of the item. + +Article (315 ) +1. Receipt of the items carried and payment by the consignee of the freight shall invalidate +any legal proceedings against the carrier if the defect that had occurred therein is +apparent. However, where such defect is not apparent, it may be proved, but the legal +proceeding instituted on the ground of such defect shall only be admitted if a notice is served regarding the defect within (72) seventy -two hours of the time of receipt, and the +claim is submitted to the court within (30) thirty days. +2. The condition of the goods shall be established either by the competent authorities or by an expert appointed by the court on an urgent basis. +3. The provisions of this Article shall not apply where it is established that the defect was a result of fraud or gross fault committed by the carrier or its subordinates or where it is +established that the carrier and its subordinates have intentionally concealed the defect. +4. The receipt of movables for which a contractual relationship is established on or via modern means of technology shall be governed by the rules and provisions set forth in +the relevant statutes. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 112 +Article (316 ) +1. Where several carriers successively perform a single carriage contract, the first carrier shall +be liable towards the consignor and consignee for the whole carriage operation, and any +provision to the contrary shall be null and void. +2. Each of the carriers subsequent to the first one shall only be liable towards the latter or towards the consigno r or consignee for the damage occurring in the part of carriage +performed by it. Where it is not possible to identify the part in which the damage occurred, +the indemnity shall be divided between all the carriers in proportion to each carrier's share +in th e freight. In case any of such carriers is insolvent, its share shall be divided among the +others in accordance with the same proportion. +3. The carrier proving that the damage did not occur in the part of carriage executed by it +shall be relived from the liability. + +Article (317 ) +Each of the consecutive carriers may require that the item carried be examined and its +condition be established upon delivery thereof to it by the preceding carrier. Where the carrier +receives such an item without making reservation s, it shall be assumed that it has received it +in a good condition and in conformity with the particulars stated in the bill of lading, unless evidence to the contrary is furnished. + +Article (318 ) +The last carrier shall be liable towards the preceding one s for claiming payment from the +consignee of the sums due because of the carriage, and it may collect such sums on their behalf and take all legal measures for collection thereof, including, among others, the use of +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 113 the right of withholding, and the right of lien over, the item subject of carriage. + +Article (319 ) +In case of denial and lack of lawful excuse, the following legal proceedings shall be barred: +1. Legal proceedings instituted against the carrier on the grounds of delayed delivery, +destruction or damage arising from a contract of carriage of items after (6) six months in +respect of carriage within the State and after (1) one year in respect of overseas carriage, +as of the date of delivery of the item to the consignee, the customs point or the trust ee +appointed by the court for safekeeping the item. In case of total destruction of the item +carried, the limitation period shall commence as of the expiry date of the time limit +stipulated in article (302.2) above. +2. The legal proceeding instituted by one c arrier as a recourse against the consecutive +carriers, pursuant to article (316.2) above upon the passage of (60) sixty days of the date +of payment of the indemnity or of the date of the formal claim for indemnity. + +Article (320 ) +Any person or subordinate of a person having committed an act of fraud or gross fault may +not invoke the limitation period of legal proceedings set forth in article (319) above. + +Chapter T hree +Passenger Carriage Contract +Article (321 ) +1. A passenger shall pay the carriage fare on the date agreed upon or the date stated in the carriage schedules or as dictated by the customary practices, and shall abide by the +carrier's instructions with regard to the carriage. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 114 2. The carrier shall carry the luggage carried by the passenger during the travel, and the +passenger shall not pay any fare for the transport of his luggage, except where such luggage exceed the maximum threshold stated in the carriage tariff or the threshold +recognized by customary practices. + +Article (322 ) +1. Where a force majeure event prevents the commencement of carriage or where, before +execution of carriage, circumstances occur rendering such carriage a threat to lives, the +carrier shall not pay any indem nity on the grounds of failure of execution, nor shall the +latter be entitled to receive the fare. +2. Where the force majeure event or threat to lives arises after commencement of execution of carriage, the carrier shall receive the fare only for that part of carriage executed by it. + +Article (323 ) +Where carriage is not possible because of death or illness of the passenger or due to any other compelling impediments, the carriage contract shall be terminated and the fare shall not be payable. + +Article (324 ) +1. Where the passenger decides against travelling before its commencement, he shall notify the carrier of his decision before the date set for execution of the carriage. In case of +extreme necessity, such notification may be served on the same day. +2. Where the notice is served according to Clause (1) of this Article, the carrier's fare shall not +be payable. However, the carrier may claim compensation for the damage sustained by it due to the fact that the passenger has refrained from the carriage. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 115 +Article (325 ) +Where the passenger refrains from continuing the trip after commencement thereof, the full +fare shall be payable, unless his refrainment is attributed to extreme necessity, in which case, +he shall pay only the fare corresponding to the executed part of c arriage. + +Article (326 ) +Without prejudice to the provisions of Articles (324) and (325) hereof, where the passenger fails to attend on the time scheduled for carriage, he shall pay the full fare and he may, +whether he paid the full fare before or after th e date scheduled, request that the carriage be +executed on a later date, unless otherwise agreed. + +Article (327 ) +1. Where carriage is cancelled prior to the commencement or completion thereof for a +reason attributable to the carrier or its subordinates or th e means of carriage used by it, +the passenger shall not be required to pay the fare, without prejudice to the passenger's +right to claim compensation, if applicable. +2. Where carriage is disrupted after the commencement thereof for a reason attributed to +the carrier or its subordinates or the means of carriage used by it, the passenger may +refrain from continuing the trip and the carrier shall, in this case, bear the costs of carrying +the passenger to the agreed -upon place. However, the passenger may choose to wait until +the traffic resumes and shall not be required in such case to pay any additional fare. + +Article (328 ) +The passenger may, before commencement of execution, relinquish the carriage ticket, unless +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 116 it is issued in the passenger's name or delivered to him based on special considerations. + +Article (329 ) +1. The carrier shall prepare for the passenger a seat in the agreed -upon class, and the latter +may recover from the carrier the difference in case he is compelled to travel in a lower +class than the one indicated on his ticket. +2. Where the passenger pays an additional fare against special benefits, he may claim that such additional fare be reimbursed to him if the carrier fails to provide the corresponding +benefits. + +Article (330 ) +1. The carrier may withhold the passenger's luggage in satisfaction of the fare and the price +of food or other items served to him during the performance of the carriage contract. +2. The carrier shall have lien over the price of the passenger's luggage in satisfaction of the +carriage f are and other amounts payable to it due to carriage. The proceedings of +enforcement against commercially pledged items shall apply in this respect. + +Article (331 ) +1. The carrier shall carry the passenger and his luggage to the destination place on the date agreed upon, and if no date is specified, then within the time limit required by an ordinary +carrier under the same circumstances. +2. The carrier may, prior to carriage commencement or during the trip, examine the +passenger's luggage in his presence to ensure their conformity with the carriage +conditions. + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 117 Article (332 ) +1. The carrier shall be liable for the safety of the passenger during the performance of the +carriage contract, and any agreement relieving the carrier from such liability shall be null +and void. +2. The performance of a carriage contract shall cover the period between the moment the passenger starts to board the means of transport at the place of departure until he +disembarks at the place of arrival. Where there are quays/platforms for the means of +transport to lay by, the performance of the contract shall cover the period lying between +the moment the passenger embarks the quay/platform at the place of departure and his +exit therefrom at the place of arrival. +3. Where necessity arises during the trip to replace the means of transport, the liability shall not cover the period of transfer of the passenger from one means of transport to the other +without the custody of the carrier or its subordinates or agents. + +Article (333 ) +1. The carrier shall be liable for the delayed arrival and for such bodily or non -bodily injuries +sustained by the passenger during the performance of the carriage contract. +2. The liability set out in Clause (1) shall only lapse if the carrier proves that the delay or +injury is due to force majeure, the passenger's fault or a third party's act. + +Article (334 ) +1. Any condition that relieves the carrier, in full or in part, from liability with regard to bodily injuries sustained by the passenger shall be null and void. +2. Any condition which aims to make the passenger, in any way, compelled to pay all or any +of the insurance expenses against the carrier's liability shall be deemed as an act of relief +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 118 from liability. + +Article (335 ) +1. The carrier may stipulate a condition relieving itself from the liability, in full or in part, +arising from the delay of the passenger and non -bodily injuries that may be sustained by +the latter in the course of carriage. +2. The condition of relief from liability shall be executed in writing, otherwise, it shall be +considered null and void. Where the carriage contract is executed on printed forms, the +condition shall be clear and explicitly stipulated; otherwise, the court may consider it null +and void. +3. The carrier may not invoke the condition of relief from liability, in full or in part, where an +act of fraud or gross fault is proved on the part of the carrier or its subordinates or agents. + +Article (336 ) +1. Passengers shall watch over their own luggage and animals permitted to be carried with th em. +The carrier shall not be liable for any loss or damage which may be sustained by the same, save where the passenger proves that such loss or damage is due to a fault by the carrier or its +subordinates. +2. The passenger shall be liable for the damage sustained by the carrier or third parties due to the luggage or animals carried with him. +3. As for the luggage delivered to the carrier, the carriage thereof shall be governed by the provisions related to the carriage of items. + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 119 Article (337 ) +1. Where a passenger dies or falls ill in the course of performance of the carriage contract, +the carrier shall take such measures as deemed necessary to safekeep its luggage until they +are delivered to the persons concerned. +2. Where any of the persons concerned is present at th e place where death or illness occurs, +he may intervene to monitor the measures adopted by the carrier to safekeep the luggage, +and request the carrier to deliver to him a declaration that the passenger's luggage is in his +custody. + +Article (338 ) +Heirs an d dependents of a passenger may, in execution of a maintenance obligation, institute +an action for liability arising from the carriage contract in case of the passenger's death, +regardless of whether the death occurred directly after the incident or after the lapse of a +period of time. + +Article (339 ) +The carrier's liability for a passenger's death or bodily injury shall be limited to the blood +money amount for manslaughter, pursuant to the statutes in force in the State. However, such +amount may be agreed to be specified in an amount not less than such blood money amount. + +Article (340 ) +1. The liability claim arising from the passenger's death or bodily injury shall not be heard +after (3) three years following the day of death, injury or the date when the reason for the +same becomes known. +2. Any other action arising from a passenger carriage contract shall not be heard following +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 120 the lapse of one year from the date scheduled for arrival, and where no date is scheduled, +the same shall not be heard from the date us ually required by an ordinary carrier for the +carriage under the same circumstances. +3. A person who, by himself or through his subordinates, commits fraud or serious error, +shall not invoke the inadmissibility of the case set forth in this Article. + +Chapter Four +Commission Agency for Carriage +Article (341 ) +1. A commission agency for carriage is a contract whereby the agent undertakes to enter into +a carriage contract in his own name and for the benefit of his principal and to carry out, +where necessary, such operations as related to the carriage, in consideration of a +commission to be received from the principal. A commission agent for carriage shall, with regard to the consignor, have the same liability of the carrier. +2. Where the commission agent undertakes carriage by his own means, he shall be governed +by the provisions of the carriage contract, unless otherwise agreed upon. + +Article (342 ) +Notwithstanding the provisions set forth in this Chapter, the provisions of commission agency shall apply to the commiss ion agency for carriage. + +Article (343 ) +The principal may, at any time, cancel the order for carriage before the commission agent +enters into the carriage contract. In such case, the principal shall refund to the commission +agent the expenses incurred by him and shall compensate him for any work performed. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 121 +Article (344 ) +1. The commission agent for carriage shall implement his principal's instructions, +particularly those instructions related to the date of carriage, the selection of the carrier +and the carriage means and the route to be followed. +2. The commission agent may not charge his principal any fare/freight exceeding the one agreed upon with the carrier, and any benefits obtained from the carrier by the +commission agent shall extend to the principal, unless otherwise agreed upon in the +commission contract or as dictated by the customary practices. + +Article (345 ) +The commission agent for carriage shall be liable for the safety of passengers or the items +carried, and any agreement to the contrary shall be null and void. + +Article (346 ) +1. The commission agent shall be held accountable for the destruction of the item carried, in +full or in part, any damage suffered thereby or the delayed delivery of such goods. The +commission agent may not deny such liabilit y unless he proves a force majeure event, an +inherent defect of the goods or a fault of the principal or the consignee. +2. In case of passenger carriage, the commission agent shall be liable for the delayed arrival +and for such bodily or non- bodily injuries as are suffered by the passenger in the course +of the carriage contract. The commission agent may not deny his liability, except by proving a force majeure event or a fault committed by the passenger. The commission agent's liability for passenger's death o r bodily injury shall be limited to the blood money +amount for manslaughter, pursuant to the statutes in force in the State. However, such +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 122 amount may be agreed to be specified in an amount in an amount less than such blood +money amount. +3. In all cases, the c ommission agent may have recourse against the carrier where such +recourse is well- grounded. + +Article (347 ) +1. Any condition relieving the commission agent for carriage, in whole or in part, from +liability for bodily injuries suffered by the passenger shall be null and void. +2. Any condition which imposes on the passenger, in any manner whatsoever, the payment +of all or any of the insurance costs against the liability of the commission agent shall be +deemed as an act of relief from the liability. + +Article (348 ) +1. The commission agent for carriage may stipulate that it be relieved, wholly or partially, from the liability arising from the destruction of, damage to, or delayed delivery of the +goods carried, as well as from the liability arising from the delayed arriv al of the passenger +or bodily injuries sustained by him during carriage. +2. The condition of relief from liability shall be executed in writing, otherwise, it shall be null and void. Where the commission agency contract is executed on printed forms, such +condition shall be clear and explicitly stipulated, otherwise, the court may consider it null +and void. +3. The commission agent for carriage may not invoke the condition of total or partial relief from liability where fraud or gross fault committed by him or by his subordinates or by the +carrier or its subordinates is established. + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 123 Article (349 ) +1. The principal and passenger shall each have direct recourse against the carrier to claim the +rights arising from the carriage contract. The carrier shall also have direc t recourse against +each of the principal and passenger to claim such rights. In all cases, the commission agent +shall be involved in the relevant case. +2. The passenger, in respect of the carriage contracts of persons, and the consignee, in respect of +the car riage contract of items, shall each be entitled to direct recourse against the principal, +the carrier and commission agent for carriage for the rights arising from the carriage contract. + +Article (350 ) +Where the commission agent pays the fare/freight to t he carrier, he shall subrogate the latter +in respect of its rights. + +Article (351 ) +The original commission agent shall be liable for the commission agent in respect of the +carriage assigned by the former, unless the consignor has appointed the commission agent +under the agreement concluded with the original principal. + +Article (352 ) +The provisions of Articles (319), (320) and (340) above shall apply to the inadmissibility of the cases arising from commission agency contract for carriage. + + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 124 Chapter F ive +Provisions Pertaining to Air Carriage +Article (353 ) +1. Air carriage mentioned herein shall mean the carriage of persons, luggage and goods by +airplanes in consideration of a fee. +2. Luggage referred to in Clause (1) above shall mean items which the passenger is allowed +to carry with him aboard the airplane or which are delivered to the carrier for safekeeping during the flight. + +Article (354 ) +Without prejudice to the international conventions to which the State is a party, the provisions of this Part shall apply to air carriage, subject to the specific provisions stipulated in the +following Articles. + +Article (355 ) +An air carrier shall be held liable for such damage sustained as a result of a passenger's death, wounding or bodily injury occurring during air carriage or during any of the operations of the +passenger's boarding or disembarkation of the airplane. + +Article (356 ) +1. An air carrier shall be held liable for such damage sustained due to the destruction, loss or damaging of the registered luggage and go ods if the incident which caused the damage +occurred during the air carriage. +2. Air carriage shall include the period during which the luggage and goods are in the custody +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 125 of the carrier during the flight or during the presence of the airplane at an airport or in any +place where the airplane has landed. +3. Air carriage shall not cover the period when the luggage or goods are being carried by land, +sea or river outside the airport. However, where such carriage is necessary to ship the +luggage or goods or deliver them or to transfer them from one airplane to another, in +pursuance of an air carriage contract, it shall be presumed that the damage resulted from +an incident which occurred during the air carriage period until the contrary is proved. + +Article (357 ) +An a ir carrier shall be held liable for damage caused by the delayed arrival of passengers or +the registered luggage or goods. + +Article (358 ) +An air carrier shall not be liable for small personal items which are retained in the custody of +passengers during th e flights. The air carrier may not be held accountable for the same unless +the passenger proves that the carrier or its subordinates have failed to take the necessary +measures to prevent the occurrence of the damage. + +Article (359 ) +1. In case of passenger carriage, the compensation ordered by the court against the carrier where the passenger dies or is injured shall not be less than the amount of the prescribed +blood money pursuant to the statutes in force in the State, and a greater amount may be +agreed up on. +2. In case of carriage of luggage and goods, the compensation amount shall not exceed (AED +500) five hundred dirhams per kilogram, unless it agreed to exceed this sum. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 126 Nevertheless, where the consignor, upon delivering the luggage or goods, submits a +spec ific statement indicating that he attaches particular importance to the delivery of the +same in safe condition at the place of arrival, due to its value, and if he pays such additional +freight as required by the carrier for the same, the carrier shall pay the compensation +according to the value indicated by the consignor, save where the carrier proves that such +value exceeds the real value of the luggage and goods. +3. Where a parcel is lost or damaged or its delivery is delayed and the same has an effect on +the value of the other parcels covered by the same carriage application form, the total +weight of such parcels shall be taken into consideration upon establishing the liability limit. +4. As for personal or small items, which remain in the custody of passengers during the flight, +the compensation awarded in favor of each passenger for the destruction of or damage to +such items may not exceed the sum of (AED 5,000) five thousand dirhams. +5. The air carrier may not invoke the limitation of liability stipulated in this Article where it is +proved that the damage is caused by an act or omission of the carrier or its subordinates, +whether with intent to cause damage or due to imprudence coupled with awareness that +damage might arise therefrom. Where the act or omission is committed by the +subordinates, it shall also be established that it was committed in the course of +performance of their duties. + +Article (360 ) +An air carrier shall be held liable within the limits set forth in article (359) above, regardless +the capacity of the litigants in the civil liability action. + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 127 Article (361 ) +1. Where an action for compensation is brought against any of the carrier's subordinates, he +may invoke the limitation of liability set forth in article (359) where it is proved that the +act which has caused the damage was committed by him during the performance of his +duties. +2. However, no subordinate of the carrier may invoke the limitation of liability where it is +proved that the damage is caused by an act or omission by him, whether with intent to +cause damage or with imprudence coupled with awareness that damage is likely to arise +out. + +Article (362 ) +1. The airway bill shall contain a statement that the carriage is taking place in accordance +with the liability limitation provisions set out in article (359) above, otherwise, the carrier +or its subordinates may not invoke such provisions. +2. Any condition relieving the air carrier from liability or limiting such liability in amount less than that specified in article (359) above shall be null and vo id, except where the item +carried has perished or has sustained damage due to its nature or due to an inherent +defect. + +Article (363 ) +The consignee's receipt of the luggage or goods at the place of arrival without having any +reservation shall constitute a presumption that he has received them in a good condition and +in conformity with the conditions of the airway bill, unless otherwise proved. + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 128 Article (364 ) +1. Where the luggage or goods arrive damaged, the consignee shall serve a notice to the +carrier imme diately upon detection of the damage, not later than (7) seven business days +with regard to luggage, and (14) fourteen business days with regard to goods from the +date of their receipt. In case of delayed arrival of luggage or goods, the notice shall be +served within (21) twenty -one business days at the most from the day on which the +luggage or goods are placed at the disposal of the consignee. +2. The notice may be served in the form of an objection to be recorded in the airway bill at +the time of receiving th e luggage or goods. +3. The action for liability against the carrier shall be inadmissible where the notice is not +served within the time limits specified in this Article, unless the plaintiff proves that the +carrier or its subordinates have committed an act of fraud or deception in order to miss +such time limits or to conceal the damage sustained by the luggage or goods. + +Article (365 ) +1. Where the carriage is made free of charge, the air carrier shall assume no liability, unless +it is proved that the carrier o r its subordinates have committed a fault, in which case, the +carrier shall be held accountable within the limits stipulated in article (359) above. +2. Carriage shall be deemed free of charge where it is performed without a fare and the +carrier is not a profe ssional carrier. However, where the carrier is a professional carrier, +the carriage shall not be considered free of charge. + +Article (366 ) +An aircraft pilot may impose compulsory measures on all persons on board, and may decide to remove any person or ite ms whose presence on board the aircraft might constitute a threat +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 129 to its safety or prejudice to the order in the aircraft. + +Article (367 ) +An air carrier shall be relieved from liability if it proves that the entire damage is caused by the +fault of the injured person. The carrier's liability may be reduced by the court where it is +proved that the fault of the injured person has contributed to causing the damage. + +Article (368 ) +The plaintiff shall have an option to institute his case before one of the following courts: +1. The court within its jurisdiction the carrier's domicile is located; +2. The court within its jurisdiction the head office of the carrier's business is located; +3. The court within its jurisdiction the carrier has an establishment or legal entit y which has +entered into the carriage contract on its behalf; or +4. The court of the place of destination. +Any stipulation bringing an amendment to the rules of jurisdiction, referred to +hereinabove, shall be null and void, unless it is stipulated before occurrence of the damage in question. + +Article (369 ) +In case of consecutive carriage performed by several successive carriers, each carrier shall be deemed a party to the carriage contract with regard to the period performed by it. However, +the carrier having entered into the consecutive carriage contract shall assume the liability for +all the period agreed in the contract, even if it is not personally performed by such carrier in +whole or in part. + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 130 Article (370 ) +The right to bring an action for liability aga inst the air carrier or any of its subordinates shall +not be heard after the lapse of two years following the day on which the airplane arrives or +was supposed to have arrived, or following the day on which the carriage was stopped. + +Book T hree +Banking Transactions +Part O ne +Bank Deposits , Transfers and Accounts +Chapter O ne +Bank Deposits +Article (371 ) +1. A bank cash deposit is a contract whereby one person delivers a sum, by any means of payment, to the bank which undertakes to return it upon request or accor ding to the +agreed conditions. +2. A bank shall acquire the ownership of the money deposited, and shall be entitled to +dispose of the money for the needs of its own business, with an obligation to refund the +like to the depositor. Such refund shall take place in the same currency of deposit. + +Article (372 ) +1. Save where otherwise agreed upon, the money deposit shall be refunded immediately +upon request. The depositor may at any time dispose of the balance or any part thereof. +2. The said right may be conditional upo n a prior notice or the expiry of a specific time limit. + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 131 Article (373 ) +Save where the deposit is intended for investment, a cash deposit shall be considered a debt +and an offset may be conducted between it and a debt owed by the depositor to the bank, and +any agreement to the contrary shall be null and void. + +Article (374 ) +Where the bank issues a saving deposit book, it shall be issued in the name of the person in +whose favor the book is issued, and deposits and withdrawals shall be entered therein. Th e +particulars entered in such book, which are signed by the bank's employee, shall constitute +evidence for proving the said particulars between the bank and the person in whose favor the +book is issued, and any agreement to the contrary shall be null and v oid. + +Article (375 ) +Unless otherwise agreed upon, deposits and withdrawals shall be conducted in any branch of +the bank, or according to the methods and means approved by the bank with respect to +opening accounts via modern means of technology. + +Article (376 ) +Where the depositor has several accounts in one bank or in the same branch of a bank, each account shall be deemed separate from the other(s), unless otherwise agreed. + +Article (377 ) +Subject to the provisions of article (391) hereof, a deposit contr act shall not entitle the +depositor to withdraw amounts from the bank exceeding the sums deposited therein. Where the bank carries out transactions which cause the depositor's balance to be in debit, the bank +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 132 shall forthwith inform the depositor of the sam e in order to adjust his balance. + +Article (378 ) +The bank shall send to the customer a statement of account once every month, unless +otherwise agreed upon. + +Article (379 ) +The bank may open a joint account, including a deposit account or any other account, +between two or more persons with equal shares among them, unless otherwise agreed and +recorded with the bank, subject to the following provisions: +1. A joint account shall be opened by all its owners or by one person holding a power of +attorney from the owners of the joint account duly authenticated by an official competent +authority. Withdrawals from such account shall be conducted according to the agreement of the account owners +2. Where the balance of a joint account's co -owner is seized, the said seizure shall apply to +the Distrainee's share of the account balance as of the day on which the bank is served with the seizure notice. In such a case, the bank shall suspend withdrawals f rom the joint +account as equivalent to the share seized. The co -owners of the joint account or their +representatives shall be informed of the seizure within a period not exceeding (5) five +business days from the day of imposing the seizure. +3. When the bank c arries out an offset between various accounts of a co -owner of a joint +account, it may include such joint account in the offset only with the written consent of +the other co- owners. +4. Upon the death or lack of capacity of a joint account's co -owner, the othe r co-owners shall +notify the bank of the same not later than (10) ten days from the date of death or lack of +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 133 capacity. The bank shall, from the date of being so notified, suspend the withdrawal from +the joint account within the limits of such person's shar e of the account balance on the +date of his death or lack of capacity. No withdrawal may be made from the shares of the +deceased or the person lacking the capacity until a successor is appointed. + +Chapter T wo +Bank Transfer +Article (380 ) +1. A bank transfer is a transaction whereby a bank records a specified sum in the debit side +from the account of the person who has ordered the transfer, based on a written order +from the ordering customer, and such amount is recorded in the credit side of another +account. +2. The following may be achieved through the foregoing transaction: +3. The transfer of a specified sum from the account of one person to the account of another +person, each of whom having an account with the same bank or in two different banks; or +4. The transfer of a specified sum from one account to another both of which are opened in +the name of the person who has ordered the transfer in the same bank or in two different +banks. +5. An agreement between the bank and the customer ordering the transfer shall provide for the conditions of the order issue; however, the order of transfer may not be made to the +bearer. + +Article (381 ) +Where the bank transfer is conducted between two branches of the same bank or between two different banks, every objection by third parties to th is transfer shall be addressed to the +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 134 branch or the bank where the beneficiary's account is opened. + +Article (382 ) +The transfer order may be conducted in respect of sums which are actually entered in the +account of the person ordering the transfer, or in respect of sums which may be entered in +such account within a specified period as is agreed with the bank. + +Article (383 ) +It may be agreed that the beneficiary may present the transfer order in person to the bank +where the account of the person ordering t he transfer is opened, rather than informing the +bank of the same by the ordering person. + +Article (384 ) +1. The beneficiary shall own the bank transfer value as of the time of being entered in the debit side of the account of the person ordering the transfer ; and the latter may +countermand the transfer order until the foregoing entry is made. +2. Where it is agreed that the beneficiary shall present the transfer order to the bank in +person, the person ordering the transfer may not countermand the transfer, subjec t to the +provisions of article (389) hereof. + +Article (385 ) +The debt in settlement of which the transfer is made shall remain outstanding with its securities and supplements until the value has been actually entered in the credit side of the +beneficiary's account. + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 135 Article (386 ) +It may be agreed to postpone the execution of specified transfer orders, whether they are sent +directly by the person ordering the transfer or presented by the beneficiary, until the end of +the day in order to have them executed w ith other orders of the same kind and presented to +the bank on the same day. + +Article (387 ) +1. Where the transfer order is addressed directly by the person making the order to the bank, +the latter may, where the balance of such person is less than the value indicated in the +transfer order, refuse to execute the order; provided that it notifies, without delay, such +refusal to the person ordering the transfer. +2. Where the transfer order is presented by the beneficiary and its value is higher than the ordering per son's balance, the bank shall credit the beneficiary's account with the partial +balance, unless the beneficiary refuses the same. The bank shall further annotate on the transfer order the crediting of the partial balance or the beneficiary's refusal of the transfer. +3. Where several beneficiaries present themselves to the bank at the same time and the value +of the transfer orders held by them exceed the balance of the person ordering the transfer, +they shall be entitled to require the distribution of the insuf ficient balance between them, +each according to his share. +4. Where the bank refuses to execute the transfer order or where the beneficiary refuses to +accept the transfer of the partial balance, pursuant to Clauses (1) and (2) above, the person +ordering the transfer shall have the right to dispose of such balance. +5. Where the bank fails to execute the transfer order on the first business day following the day on which it is presented, the order shall, within the limits of the non -executed part, be +considered nu ll and void and must be returned to the person who presented it against a +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 136 receipt. Where an agreement is reached for a longer period, the transfer order which has +not been executed shall be added to the orders submitted on the following days. + +Article (388) +In case of death of the person ordering the transfer, the bank shall, as of the date on which the +death comes to the knowledge of the bank, cease execution of the transfer orders issued by +him. Where the beneficiary dies, the bank shall carry on the exe cution of the transfer orders. + +Article (389 ) +1. Where the beneficiary is declared bankrupt, the person making the order may suspend +the execution of the transfer order, even if the beneficiary has received it in person. +2. The declaration of bankruptcy by the person making the order of transfer shall not prevent the execution of the transfer orders which had been presented to the bank prior to the +issue of the bankruptcy declaration judgment, save where the court decrees otherwise. +3. The provisions of the preceding two Paragraphs shall apply in so far as they do not +contradict the Bankruptcy Law. + +Part T wo +Current Account +Article (390 ) +A current account is a contract between two persons under which the rights and debts arising from their mutual relationship are converted into entries to be made in the account for which +clearance shall be conducted, so that the final balance, upon the closure of the account, shall +alone constitute a payable debt. + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 137 Article (391 ) +1. A bank may open a current account for its cust omer where the transactions carried out by +said bank are coupled with opening a credit or a credit facility in his favor. +2. It may be agreed that the account shall not be overdrawn from the customer's side with a +continuously credit balance. It may also be agreed that said account shall be overdrawn +on both sides, i.e. it could have a debit or credit balance with regard to both parties. + +Article (392 ) +In order for the payments to be entered in a current account, they must: +1. Be in cash or fungible items of one kind, so that clearance may be conducted between +them; +2. Have arisen from debts that are actually existing and are of a specific amount; and +3. Have delivered to the payee on basis of ownership. + +Article (393 ) +The two parties may keep several current accounts , as long as each account is restricted to one +specific kind of transactions or currencies. + +Article (394 ) +A contract of current account shall result in the following: +1. The ownership of cash and funds delivered and entered in the current account shall be +transferred to the party who received them. +2. The entry of a commercial paper in the current account is deemed to be valid and its value shall not be taken into consideration where it is not paid on the date of maturity, in which +case, it may be returned to its owner and a counter entry is made in such manner as +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 138 specified in article (407) hereof. +3. The totality of the items of the current account shall be indivisible before the closure of +the account and extraction of the final balance. +4. Clearance may not be aff ected between one item in a current account and another item in +the same account. +5. Items entered into the current account shall not terminate the rights of either party regarding such contracts and transactions arising from such items. +6. Save where otherwise agreed, each party to a current account may at any time dispose of his credit balance. + +Article (395 ) +1. All debts arising from business relations, as are conducted between both parties to the +current account, shall by the operation of the law be entered in said account, save where +such debts are secured by legal or contractual securities. +2. Debts secured by contractual securities, whether they have been established by the debtor or a third party, may be entered in the current account, where all the parties con cerned +have expressly agreed on such entry. + +Article (396 ) +1. Where it has been agreed to enter a debt secured by a contractual security in the current account, such security shall pass to guarantee the balance of the account on closure by the +amount of the debt, without regard to any changes which may occur to the account during +its course of operation, save where otherwise agreed upon. +2. Where the Law provides for certain measures for concluding the security or invoking it +against third parties, such security shall not pass to guarantee the current account balance, +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 139 and it may be invoked only from the date on which such measures are made. + +Article (397 ) +Where the debts due to either party are entered in the current account, they shall lose their +special characteristics and independent existence and shall neither, thereafter, be susceptible +to settlement separately, nor to clearance, suing or lapse by prescription. + +Article (398 ) +1. Where the entries of a current account contain cash debts evaluated in vario us currencies +or non -fungible items, both parties may agree to have them entered in the current +account; provided that they are entered under separate sections with due regard to the +similarity of the payments represented thereby and that both parties allo w the account to +maintain its unity in spite of its several sections. +2. The balances of said sections shall be transferable, so that it would be possible, within the +time limit specified by both parties or at most when closing the account, to conduct an +offs et between the various sections to extract a single balance. + +Article (399 ) +1. Payments made by the customer into the current account shall bear no interests, unless +otherwise agreed upon. The interest shall be calculated at the rate agreed upon. Where +the r ate of interest has not been fixed in the agreement, it shall be calculated on basis of +such rate of interest prevailing in the market at the time of transaction up to (9%). +2. Interest shall apply to the debit balance as of the date of closure of the account , save where +otherwise agreed upon. + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 140 Article (400 ) +1. Where a time limit has been fixed for the closure of the account, it shall be closed on the +expiry of said limit; however, it may be closed before the expiry of such time limit by +mutual agreement of both parties. +2. Where a time limit is not set for the current account, it may be closed at any time at the wish of either party, in compliance with the time limits prescribed for notices as agreed +upon or as customary. +3. In all cases, the account shall be closed u pon the death of either party or lack of capacity +or where either party is declared bankrupt, the legal person expires, the bank is removed +from the list of operating banks or the bank ceases to carry out its business. + +Article (401 ) +A current account shall between a bank and its customer shall be deemed closed at the end of the bank's financial year. Such closure shall not be considered as a closure of the account; +however, it shall remain open with its balance being carried forward to the same current +account. The said account shall resume its operation on the next business day. + +Article (402 ) +Where the current account is closed, the balance shall be deemed a payable debt, unless both +parties agree on otherwise, or where some of the transactions required to be entered into the +account are still current and the entry would adjust the balance amount. In in which case, the balance debt shall be payable on the day following the date of the last entry required for such +transactions. + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 141 Article (403 ) +The general rules prescribed for the limitation of actions shall apply to the debit balance and +its interests. + +Article (404 ) +Where the sum of a debt entered into the account is released or reduced due to a reason after +being entered in the account, such entr y shall be removed or reduced, as the case may be, and +the account shall be adjusted accordingly. + +Article (405 ) +A creditor of either party to the current account may garnish the credit balance of the judgment debtor at the time of the garnishment. + +Article (406 ) +1. Where either party to the current account is declared bankrupt, no garnishment made +over its properties after the date fixed by the court for the suspension of payment may be +invoked against the Body of Creditors, in order to secure the potential balance debt to the +extent of the debit balance amount at the time when the garnishment is established. +2. Nevertheless, the garnishment may be invoked against the Body of Creditors as to the +difference, if any, between the debit balance amount at the time w hen the garnishment is +decided and the balance amount at the time of closing the account, save where it is +established that the judgment creditor was aware, when the garnishment was decided, +that the debtor had stopped payment. + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 142 Article (407 ) +1. Where the proceeds of deducting a commercial paper is entered in the current account +but the value thereof is not paid on the date of maturity, the person who deducted the +instrument may remove the entry of its value into the current account by a counter entry, +even if the person who presented it for deduction has been declared bankrupt. +2. A counter entry means an entry of a sum equal to the value of the commercial paper, plus +the expenses, in the debit side of the current account. +3. A counter entry may be made only with regard to such commercial papers as have not +been paid on their maturity dates. Any agreement to the contrary shall be null and void. + +Article (408 ) +In case of denial and lack of lawful excuse, a legal action for the rectification of the current +account shall barred with regard to entries made one year after the date of receipt of the +statement of account, even if such legal action is based on an error, omission or repetition of such entries, save where during such period one party has notified the other that he insists on +the rectification of the account, or where the customer proves, regarding a current account +opened with a bank, that throughout the said period he did not receive from the bank any +statement of account. In both cases, the action shall no t be heard after the lapse of (5) five +years following the account closure date. + + + + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 143 Part T hree +Bank Credits +Chapter O ne +Bank Loan +Article (409 ) +1. A bank loan is a contract whereby a bank delivers to the borrower a sum as a loan or enters +such sum in the credit side in his account with the bank, as per the agreed conditions and +time limits. +2. Banks shall obtain adequate securities or collaterals against loans granted by them. +3. A borrower shall repay the loan and its interest to the bank within such time limit s and +according to such conditions as agreed. + +Article (410 ) +A bank loan shall be considered a commercial activity irrespective of the capacity of the +borrower or the purpose for which the loan is allocated. + +Chapter T wo +Bank Guarantee +Article (411 ) +1. A bank guarantee is an undertaking issued by a bank to repay the customer's debt to a +third party, in accordance with the conditions agreed and included in the guarantee. The guarantee may be for a definite or indefinite term. +2. A bank guarantee shall constitu te a joint liability. + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 144 Article (412 ) +A bank guarantee may be issued under different forms, including: +1. A bank signs a commercial paper as a reserve guarantor, or gives such reserve guarantee +by a separate instrument to allow that several commercial papers are guaranteed together +at one time; +2. An independent contract of guarantee is entered into; or +3. A letter of guarantee is addressed by the bank to the customer's creditor whereby the bank +guarantees its customer's fulfillment of his obligations. + +Article (413 ) +A bank guarantee shall be considered a commercial activity, regardless of the capacity of the +guaranteed person or the purpose for which it has been allocated. + +Article (414 ) +A letter of guarantee is an undertaking issued by the guarantor bank, at th e request of one of +its customers (the person making the order), to pay, unconditionally and without restrictions, a certain or determinable sum to another person (the beneficiary), unless the letter of +guarantee is conditional where payment is requested w ithin the time limit set out in the letter. +The letter of guarantee shall state the object for which it has been issued. + +Article (415 ) +1. The bank may require that security or guarantee be furnished against the issuance of the letter of guarantee. +2. The security or guarantee may be in cash or in the form of commercial papers, securities, goods or assignment of the right towards the beneficiary by the ordering person to the +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 145 bank. + +Article (416 ) +A beneficiary may only assign his right that had arisen f rom the letter of guarantee to a third +party with the approval of the bank. + +Article (417 ) +1. A bank may not refuse payment to the beneficiary for a reason attributed to the bank's +relationship with the person making the order or the relationship of the latt er with the +beneficiary. +2. Notwithstanding the provisions of Clause (1) above, the bank may refrain from payment to the beneficiary where an enforceable order or court judgment is rendered to impose +seizure on the guarantee amount with the bank. In such case , in order for such order or +judgment to be rendered, the person making the order shall rely for his claim on serious and confirmed grounds. + +Article (418 ) +1. The bank shall be discharged vis -a-vis the beneficiary if within the validity period of the +letter of guarantee no request for payment is received from the beneficiary, unless it had +been expressly agreed to renew said term prior to its expiry. +2. The bank shall return to the person making the order the securities or guarantees provided by the same against the letter of guarantee where its effective term expires without the +payment of the guarantee sum, unless otherwise agreed. + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 146 Article (419 ) +Where the bank pays to the beneficiary the sum agreed in the letter of guarantee, it shall +subrogate him for recou rse against the person making the order for the sum it had paid. + +Chapter T hree +Opening a Letter of Credit +Article (420 ) +1. Opening a letter of credit is a contract whereby the bank places at the disposal of the +customer a certain sum, which the customer may withdraw as a single payment or +multiple payments. +2. A letter of credit may be opened either for a definite or indefinite term. + +Article (421 ) +A contract for opening a credit is not considered a loan, and the customer shall not be bound +to use the letter of credit opened in his favor. + +Article (422 ) +1. Where a letter of credit is opened for an indefinite term, the bank may at any time terminate it, based upon a notice to be served to the beneficiary at least thirty days before the date set for the terminatio n. Any agreement which entitles the bank to terminate an +indefinite term letter of credit without a prior notice or with a shorter -period notice shall +be null and void. +2. In all cases, the letter of credit opened for an indefinite term shall be deemed termin ated +if the beneficiary does not use it after the lapse of six months from the date on which the +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 147 beneficiary is notified of such opening, save where otherwise agreed. + +Article (423 ) +1. The bank may not terminate the letter of credit before the expiry of the term specified +therefor, except where the beneficiary dies, becomes legally incompetent or suspends +payment, even though a judgment declaring his bankruptcy is not issued or he commits a +gross fault in using the letter of credit opened in his favor. +2. Where the customer in whose favor the letter of credit is opened is a company, such credit +shall expire also upon its nullification or expiration. + +Article (424 ) +Where a substantial decrease occurs to the real or personal guarantees presented by the +customer, the bank may request an additional guarantee or reduce the letter of credit sum in +proportion to such decrease. + +Article (425 ) +A credit may be transferred only with the approval of the bank which opened it. + +Article (426 ) +A contract for opening a credit shall be considered a commercial activity, regardless of the capacity of the customer or the purpose for which the letter of credit is allocated. + +Article (427 ) +The contract for opening a credit shall specify the maximum limit of the letter of credit sum +and the method of using the letter of credit. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 148 +Article (428 ) +Where a credit is terminated pursuant to the provisions of this Chapter, the bank shall not be +required to pay payment orders or cheques drawn on the letter of credit, as long as they are +presen ted to the bank after the letter of credit is terminated. + +Chapter F our +Documentary Credit +Article (429 ) +1. A documentary credit is a contract whereby a bank opens a credit, at the request of its +customer (the person ordering the opening of the letter of cre dit), within the limits of a +specified sum and for a definite term in favor of another person (the beneficiary), secured by documents representing goods shipped or intended to be shipped. +2. A documentary credit contract shall be deemed separate from the cont ract which caused +the opening of the letter of credit, and the bank shall remain separate from such contract. + +Article (430 ) +Every documentary credit shall contain a time limit date for its validity and for presenting the +documents for payment, acceptance or deduction. Where the date set for the expiry of the +validity of the letter of credit is on a bank holiday, its validity shall be extended to the next +following business day. The validity of the letter of credit shall not extend beyond any other +period, other than bank holidays, even when the expiry of the validity coincides with the date +of disruption of the bank's business due to force majeure events, unless there is an express +authorization to that effect from the person ordering the opening of the le tter of credit. + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 149 Article (431 ) +1. The documents regarding the opening of the documentary credit or its confirmation or +notice thereof shall describe precisely the documents against which the operations of +payment, acceptance or discount are executed. +2. A bank which opens a letter of credit shall execute the conditions of payment, acceptance and discount as agreed in the documentary credit contract if the documents representing +the goods conform to the particulars and conditions provided for in the documentary +credit contract. + +Article (432 ) +1. A documentary credit may be revocable or irrevocable. +2. A documentary credit shall be irrevocable, unless it is expressly agreed to the contrary. +3. A documentary credit may either be divisible, transferable, indivisible or non -transferable. + +Article (433 ) +1. A revocable documentary credit shall not create any obligation on the bank towards the +beneficiary. The bank may at any time amend or terminate it of its own accord or at the +request of the person who ordered the letter of credit to be opened. +2. Where the bills of lading presented are in conformity with the particulars and conditions contained in the documentary credit contract and within its validity term and prior to its +termination, the bank and the person ordering the ope ning of the letter of credit shall +assume the joint liability vis -à-vis the beneficiary. + + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 150 Article (434 ) +1. Where the documentary credit is irrevocable, the obligation of the bank shall be strict and +direct to the beneficiary and to any bona fide holder of the instrument drawn, in +pursuance of the contract which caused the documentary credit to be opened. +2. An irrevocable documentary credit may neither be terminated nor amended save with the agreement of all parties concerned. + +Article (435 ) +1. An irrevocable documentary credit may be confirmed by a bank other than the one that +opened it. Such confirming bank shall in turn assume an absolute and direct obligation +towards the beneficiary and any bona fide holder of the instrument drawn in execution of +the documentary credit contract. +2. A mere notice of the opening of an irrevocable documentary credit sent to the beneficiary +through another bank, other than the one that opened the documentary credit, shall not +be deemed to be a confirmation of the letter of credit b y such other bank. + +Article (436 ) +1. The documents shall be presented to the bank before the expiry of the letter of credit term. +If the documents are presented beyond such a term, the bank shall reject them, unless the +person ordering the opening of credit requests that the same be approved, and the bank +approves the same. +2. The bank shall ascertain that the documents required are available and that their contents are in full conformity with the conditions of the letter of credit and that they fully conform +with each other. + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 151 Article (437 ) +The bank is only obligated to examine the documents to ensure that, at first sight, are in +conformity with the documents required in the letter of credit, but it is not obligated to check +if the goods conform with the docum ents which represent them. + +Article (438 ) +Where the bank accepts the documents, it shall immediately send them to the person ordering the opening of the letter of credit, and where the bank rejects the same, it shall forthwith serve +a notice of rejection to the beneficiary, indicating the reasons for such rejection. + +Article (439 ) +1. The beneficiary may not assign the letter of credit in whole or in part to another person or +persons, save with an express authorization to that effect from the bank and provide d it is +expressly stipulated in the letter of credit. +2. The bank may not divide the performance of the letter of credit, except with the authorization of the person ordering the opening of the letter of credit. +3. The assignment may be made only once, unless the contract for opening of the letter of credit stipulates otherwise. +4. The assignment shall be made by endorsing the letter of credit if it is promissory or by receiving it if it is to bearer, but in case it is nominative, the procedures of the assignment +shall apply. + +Article (440 ) +1. The person ordering the opening of documentary credit shall be bound to repay to the +bank the sum it has paid to the beneficiary, within the limits of the letter of credit opened, +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 152 as well as paying the bank the expenses paid in this respect. +2. As a guarantee of its entitlements, the bank shall have the right to withhold the documents +it receives from the seller and the right of pledge on the goods represented in their +documents. +3. Where the person who ordered the opening of the letter of credit fails to pay to the bank the value of the bills of lading conforming with the conditions of the opening of the letter +of credit, within one month from the date of being notified of the arrival of said bills, the +bank may sell the goods by adopting the methods of execution on items commercially +pledged. +4. Where the goods are perished or damaged, the pledge right shall pass to the insurance sum. +5. The bank and its customer may, after arrival of the documents of the letter of credit +financed by said bank, agree that the customer debtor assigns the goods, subject of the +documentary credit, or part thereof to the bank to repay the bank's debt in whole or in +part. The bank shall thereafter entrust the customer with the receipt goods, keep them in +trus t and sell them on behalf of the bank for its account, based on the terms and conditions +to be agreed by both parties. In such case, the customer's responsibility shall be that of a commission agent, and the bank shall have all the rights of an agent over such goods or +their price. + + + + + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 153 Part F our +Transactions on Commercial Papers +Chapter O ne +Discount +Article (441 ) +1. A discount is a contract whereby a bank undertakes to pay in advance the value of a +commercial paper to the beneficiary, in return for transferring the ownership of such +commercial paper to the bank. +2. The bank shall deduct from the sum paid to the beneficiary of the discount an interest on the commercial paper amount, plus a commission. It may be agreed to effect the discount +against a lum p sum. + +Article (442 ) +1. The interest shall be calculated on the basis of the time elapses from the date on which +the commercial paper is presented for discount until its maturity date, unless otherwise +agreed upon. +2. A commission shall be estimated on basis of the value of the commercial paper. + +Article (443 ) +1. The bank shall acquire the ownership of the discounted commercial paper and it may use all rights of the bearer and it may have recourse against the signatories of the commercial +paper. +2. The bank shall further have, vis -a-vis the beneficiary of the discount, an independent right +to recover the sums it has placed at his disposal, without deducting such interest and +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 154 commission which were received by the bank. +3. Without prejudice to the provisions related to the current account, the bank shall exercise +such right within the limits of the unpaid commercial papers, regardless of the cause of +non -payment of the discounted commercial papers. + +Article (444 ) +1. Where the value of the commercial paper is not paid or the customer becomes bankrupt, +the bank may reserve for itself the right to make a counter -entry to the value of the +commercial paper and the expenses in the debit side of its customer's account, who in his +turn shall endorse the commercial papers to the bank. +2. Where the customer has no current account with the bank, he shall refund the commercial +paper's value plus the expenses to the bank. + +Chapter T wo +Acceptance Credit +Article (445 ) +Acceptance credit is a contract whereby a bank plays the role of the drawee. It accepts in this +capacity a commercial paper drawn on it by its customer or another party who deals with such +customer, and the bank undertakes to pay the value of such commercial paper on the maturity +date. + +Article (446 ) +Where the bank pays the value of the commercial paper accepted thereby, it shall enter its +value and the expenses in the debit side of the customer's account, and shall have recourse +against the customer for the sums paid by virtue of the letter of credit opened in favor of the +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 155 customer and used as a consideration for the payment of the commercial paper which it had +undertaken to accept. + +Chapter T hree +Collection of Commercial Papers +Article (447 ) +The bearer of a commercial paper may endorse it to the bank under a p rocuration +endorsement. By virtue of such endorsement, the bank shall become an attorney -in-fact with +regard to the collection of the commercial paper's value for the benefit of the endorser. + +Article (448 ) +Upon maturity of the commercial paper, the bank shall claim payment from the drawee or the +executor. Where the payment is made, the bank shall enter the value of the commercial paper in the credit side of the customer's account, and if payment is not made, the bank shall make a protest or establish the non -payment, and in both cases the expenses shall be charged to the +customer's account. + +Article (449 ) +1. The bank shall be liable for fault or omission in the execution of its power of attorney. +2. The bank may require its relief from liability for delay in dr awing up the protest. Such +requirement shall be effective between the customer and the bank, unless an act of fraud or gross fault is attributed to the bank; however, such requirement shall not apply to other +endorsers. + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 156 Article (450 ) +The power of attorn ey arising from the procuration endorsement shall not lapse upon the +endorser's death or legal incapacitation. + +Part F ive +Transactions on Securities +Chapter O ne +Lending Against Securities +Article (451 ) +1. Lending against securities is a loan secured by collateral. +2. Where securities are nominative instruments, the pledge thereof shall be made in writing +by virtue of an assignment stating that they are given as a guarantee, which shall be annotated on the instrument itself and entered into the records of th e issuer. However, +where the securities are bearer instruments, they shall be treated as tangible movables and the pledge thereof may be proved by all means of evidence. + +Article (452 ) +1. The ownership of pledged securities shall be transferred from the pled ger to the pledgee +bank. +2. The bank shall may withhold such instruments. + +Article (453 ) +The bank shall maintain the pledged securities by collecting their profits and receiving their value upon amortization and deducting such sums from the principal debt. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 157 +Article (454 ) +Where the bank fails to receive its dues on the maturity date thereof, it may apply to the +competent court to authorize it to sell the pledged instruments by public auction or at their +price in the capital market, in order to collect its rig ht from the sale price towards creditors, +and any agreement to the contrary shall be null and void. + +Article (455 ) +Where the instruments are presented by a person other than the debtor, the owner thereof shall not be bound to pay the debt guaranteed by th e pledge, except in his capacity as a +guarantor in rem. + +Article (456 ) +A third party appointed by the two contracting parties to acquire the pledged instruments shall be deemed as having waived his right to foreclose the pledge for any reason prior to suc h +pledge, unless he had reserved such right when he accepted to possess the instrument +pledged for the account of the pledgee. + +Article (457 ) +Where the full value of an instrument is not paid at the time of being presented as a pledge, +the debtor shall, upon maturity of the unpaid part, pay it at least two days prior to its maturity date, otherwise, the pledgee may appeal the court to sell the instrument, pursuant to the +provisions of article (454) above. The unpaid part shall be paid from the proceeds of the sale +and the balance shall be retained as a collateral in lieu of the pledge. + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 158 Article (458 ) +The lien of the pledgee shall remain in the same ranking as between the contracting parties +and vis -a-vis third parties over the profits of the pledged instrument, its interest, the +commercial papers replacing it and its value if paid before its maturity date. + +Chapter T wo +Deposit of Securities +Article (459 ) +The deposit of securities with a bank is a contract whereby the customer delivers to the bank the securities which have been agreed to be deposited and the bank gives the customer a +receipt upon receiving such securities. Such receipt shall contain the contract conditions and the numbers of such securities; however, the said receipt shall neither repre sent the securities +deposited nor replace them, but it serves as a mere instrument to prove the contract. + +Article (460 ) +1. In safekeeping the securities deposited with it, the bank shall exercise such care as is exercised by a depository who receives remuneration and shall take to that effect all the +precautionary measures as is required in the banking customs. Any agreement relieving +the bank from such obligations shall be null and void. +2. The bank shall be held liable for the destruction or theft of su ch securities, save where +such destruction or theft has resulted from a force majeure event. + +Article (461 ) +A bank may not use the securities deposited with it, whether by disposing thereof, pledging +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 159 the same or exercising the rights derived therefrom, ex cept with a special authorization by the +customer to do so. + +Article (462 ) +1. The bank shall undertake the management of the securities deposited with it, by collecting +the profits and value of such due or redeemed securities, and it shall notify the custome r +depositor of the transactions made to the said securities, such as replacement or renewal thereof, and place the collected sums at the disposal of the depositor and credit them to +his account. +2. The bank shall inform the depositor of every matter or right relevant to the security and +requiring his approval or that is dependent on his preference. Where the depositor's +instructions are not received in good time, the bank shall dispose of the matter in such +manner as is beneficial to the depositor who shall be ar the costs. +3. The bank shall be held liable where it fails to fulfill its obligations and damage is caused to the customer as a result of such failure. + +Article (463 ) +1. The bank shall be entitled to a remuneration against the obligations it assumes. Such +remuneration shall, in the absence of an agreement, be determined according to the +custom, subject to the number and value of the securities deposited. +2. As a guarantee for the bank's receipt of its due remuneration, it shall have the right to +withhold the sec urities deposited and refrain from returning the same until recovery of its +right, in addition to the lien prescribed by law over the expenses of safekeeping a movable property. + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 160 Article (464 ) +1. The bank shall return the securities deposited with it on the demand of the depositor with +due consideration to the time needed for preparation of the securities for such return. +2. The return shall be effected at the same place where the deposit was effected. The bank +shall return the same securities deposited and not securities of the same kind with +different numbers, unless it is agreed to return securities of the same kind or other +securities or unless the law requires otherwise. + +Article (465 ) +The return of securities shall be to the depositor in person, his legal representative, his heirs +or his special attorney, as the case may be, even if the security contains something indicating +that it is owned by a third party. + +Article (466 ) +1. Where the bank loses possession of securities for a reason beyond its control, it m ay file a +claim for recovery of the same against the person who acquired them. +2. Where financial securities made to the bearer are lost or stolen, the bank shall inform the +issuer of such securities of the fact and instruct it to refrain from paying the prof its or value +of said security to any person who shall claim therefor in case of redemption or maturity. + +Article (467 ) +Where an action is brought for the maturity of the securities deposited with the bank, the bank shall send notice directly to the depositor accordingly and shall abstain from returning the +securities to him until the action is adjudicated by the court. + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 161 Part S ix +Commercial Transactions of Islamic Financial Institutions +Chapter O ne +General Provisions +Article (468 ) +1. The provisions set forth in this Part shall apply to commercial transactions and contracts +to which Islamic financial institutions are a party. +2. For the purpose of this Part, Islamic financial institutions shall mean any institution whose +Articles or Memorandum of Association provides that it is conducting its business +activities in compliance with the Rules of Islamic Sharia, including any financial institution that conducts part of its business in compliance with the Rules of Islamic Sharia, under a +license from the competen t authorities, in relation to such business. + +Article (469 ) +Save as specifically stipulated in this Part, the provisions of this Law and of the relevant laws +shall apply to commercial transactions and contracts concluded in compliance with the Rules +of Islamic Sharia. + +Article (470 ) +The provisions contained in this Part shall be interpreted and construed according to Sharia +standards and controls issued or approved by the Sharia Supervisory Board set forth in +Federal Decree- Law No. (14) of 2018, without prejudice to the provisions of this Law. + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 162 Article (471 ) +The Board of Directors of the Central Bank shall issue the regulations and statutes that lay +down the controls and rules of commercial transactions of Islamic financial institutions and +Takaful companies, licensed by such institutions, and which conduct all or part of their +business activities in compliance with the Rules of Islamic Sharia, after being approved by the Sharia Supervisory Board set out in article (470) above. + +Article (472 ) +The following transactions, whenever carried out by an Islamic financial institution, shall +constitute commercial transactions governed by the Rules of Islamic Sharia: +1. Deposit; +2. Investment account; +3. Takaful insurance; +4. Islamic financing instruments; +5. Investments; and +6. Any transaction where any statute in force provides that it is governed by the Rules of Islamic Sharia. + +Article (473 ) +1. Islamic financial institutions shall neither borrow nor lend funds with an interest or benefit, in any way whatsoever, nor arrange or charge an interest or benefit for any +overdue debt sum, including a late payment interest even if by way of compensation, and +any agreement to the contrary shall be null and void. +2. The borrowing referred to in this Article shall mean to grant the ownersh ip of funds or +fungible items to any other person so that the latter would refund or deliver back the same +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 163 item or funds in the same sum, type and properties to the lender at the end of the loan +term, without requiring, expressly or based on customary prac tice, a benefit in favor of the +lender or an increase above the borrowed sum. + +Article (474 ) +Financial obligations arising from commercial transactions and contracts governed by the provisions of this Part shall be of specific and definite sum, and shall be deemed debts whose +sums may not be increased where their maturity dates are deferred, and any agreement to the +contrary shall be null and void. + +Chapter T wo +Special Provisions for Certain Types of Contracts and Obligations to which +Islamic Financial institutions are a Party +Section O ne +Promise to Contract +Article (475 ) +1. A promise to contract is an undertaking by a contracting party to enter into a certain +contract in the future, and such undertaking shall be binding only on the promising party. +2. Where the promising party fails to fulfill the promise without an acceptable excuse, he +shall compensate the promised party. The compensation in such case shall be limited to the amount of direct actual damage sustained by the promised party. + + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 164 Section T wo +Installment Sale +Article (476 ) +For the purpose of this Section, an installment sale shall mean every sale conducted for the +purpose of finance or representing part of a financial transaction, whereby a non -monetary +asset is exchanged for a deferred monetary value to be paid over an extended period of time. +Once the contract is executed, the sold item's ownership shall be transferred to the buyer, and the seller may not retain the sold item's ownership until the price installments are paid, in +whole or in par t, and any agreement to the contrary shall be null and void. + +Article (477 ) +The installment sale provisions set forth in this Section shall be applicable if it is agreed under +the contract that the property ownership burdens, or the risks of its loss or d eficiency for a +matter beyond control would be transferred to the contracting party once the property is +delivered to the same, even if the contracting parties call the sale a lease. + +Article (478 ) +1. The sold item's price, properties, form, volume and other distinguishing features thereof +shall be specified upon signing the contract, and no agreement to contrary may be made. +2. The sold item's price shall be fixed as provided for in the contract, and no increase in price +may be stipulated where the payment of installments is delayed for any reason +whatsoever, and any agreement to the contrary shall be null and void. + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 165 Article (479 ) +Where the contracting parties agree that the sale would be made at the market price, the price +shall be fixed at the time and place where the contract is made. In case of multiple market +prices, the average price shall prevail. No agreement may be made to fix the price or enter into +a contract based on the market price in the future or to be fixed on the basis on a variable +indic ator. + +Article (480 ) +The contracting parties may agree to authorize a third party to fix the sold item's price to the +best interests of both parties; provided that such price be fixed at the time of signing the +contract. + +Section T hree +Murabaha +Article (481 ) +Murabaha is a contract whereby a seller sells an asset to a buyer after being owned and +possessed by the seller, either ipso facto or ipso jure, based on a finance application by the +buyer. Such sale shall be conducted at cost plus a fixed profit sum, as set out in the contract, +and the total value thereof shall constitute the Murabaha sale price. + +Article (482 ) +1. The Murabaha sale price shall, after the contract is concluded, be fixed, and may not be variable or associated with an indicator or otherwis e. +2. An agreement may be made to pay Murabaha sale price in installments, based on +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 166 installments of a specific sum and specific payment term, or at a single payment on a +specific date. + +Section F our +Istisna 'a (Manafacture Contract ) +Article (483 ) +Istisna'a is a contract whereby a seller sells to a buyer, based on description, an item required +to be manufactured, against a fixed lump -sum set out in the contract. The sold item's sort, +type, quantity and properties shall be indicated in the contract, along wit h the future delivery +date thereof. + +Article (484 ) +A seller involved in an Istisna'a contract shall provide both the work and the manufacturing materials, and may manufacture the sold item by itself or may assign the same to third parties under a contract independent of Istisna'a contract. + +Article (485 ) +1. The sale price, after the contract is concluded, may not be variable or associated with an indicator or otherwise. +2. An agreement may be made to pay Istisna'a sale price in installments of specific sum and +specific payment term or at a single payment on a specified date. + +Article (486 ) +1. The sold item shall be handed over on the maturity date as agreed in the contract. A free - +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 167 defect delivery may not be stipulated and any agreement to the contrary shall be null and +void. +2. Where the sold item is delivered and some of its properties are materially different, as per +the customary practices, the buyer shall have the option either to receive and accept the +sold item or terminate the contract and pay the price or the paid portion thereof back to +the seller, or both parties may agree on a new price to be fixed in a timely manner. + +Article (487 ) +The Istisna'a contract may include a stipulation that the buyer shall be entitled to +compensation if the seller fails to timely deliver the manufactured item, based on an sum to +be agreed in the contract; save where the delayed delivery is not attributed to the seller or is +caused by an unavoidable accident. + +Section F ive +Salam +Article (488 ) +Salam is a contract whereby a seller sells to a buyer property based on future delivery, without +requiring the manufacture thereof at an advance price. + +Article (489 ) +1. The price in the Salam contract shall be of a specific quantity and type and shall be +recorded in the contract, and the period of its future delivery may not exceed (3) three +days. +2. Debts may not serve as a price in the Salam contract. + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 168 Article (490 ) +1. The sold item's sort, type, quantity and required specifications shall all be indicated in the +Salam contract, along with the date of delivery, whether the seller provides the sold item +by his own or buys it from a third party under a contract independent of the Salam +contract. +2. The Salam contract shall create an obligation on t he seller to deliver the sold item and not +its price. The sold item delivery upon maturity shall be conducted as agreed in the +contract. Neither a free -defect delivery nor a penalty on the sold item's late delivery may +be stipulated in the contract, and any agreement to the contrary shall be null and void. + +Section S ix +Ijarah [LEASE] +Article (491 ) +Ijarah is a contract whereby a lessor leases out specific or described property owned by the +lessor or leased from the same against either a fixed rent set out in the contract or a variable +rent to be paid at one payment or in installments of specific sum and dates. + +Article (492 ) +Specific property may be leased out only after being owned, leased or received by the lessor. + +Article (493 ) +A promise may be given to the Lessee to transfer thereto the title to the leased property upon expiration of the ijarah term or as mutually agreed. The title transfer shall not be stipulated in +the ijarah contract, but shall be conducted under a separate contract to be concluded in due +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 169 course. + +Article (494 ) +The rent shall be variable for each lease term set out in the contract ; however, the first lease +term rent shall be specified in the contract in a specific sum. The rent of every subsequent +term shall be calculated before the commencement thereof according to a certain indicator or +criterion that the parties to the contract have no influence over the determination of its price. +Such indicator or criterion shall be based on a maximum and minimum limit to be stipulated +in the contract. Where a lease term begins, the rent thereof shall not be variable. + +Article (495 ) +1. The object of an ijarah contract shall be the benefits of property, and its handover shall be +fulfilled where such benefits are handed over, and must be capable of being satisfied and +specified so as to resolve any dispute. +2. A lessor may not stipulate that he will be discharged from the liability for defects in the +leased property, which will prejudice the realization of benefits intended from the ijarah contract, or be discharged from any liability for defects occurring to the property that are +prejudicial to the realization of its benefits, whether by the lessor's act or for a reason +beyond his control. +3. The lessor shall pay the basic costs of maintenance of the leased property and insurance against damage. The lessor may not stipulate that such costs are to be paid by the lessee +or initially agree to add the same automatically to the rent, and any agreement to the +contrary shall be null and void. + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 170 Article (496 ) +The provisions set forth in the Law of Finance Lease shall apply to any ijarah where no +particular provis ion is stipulated in this Chapter. + +Chapter T hree +Islamic Banking Transactions +Article (497 ) +The board of directors of the Central Bank shall issue the resolutions of Islamic banking +transactions carried out in compliance with the Rules of Islamic Sharia, along with the +administrative sanctions and fines to be imposed by the Central Bank where the regulations and statutes set forth in article (471) above are violated. + +Part S even +Rental of Safe Deposit Boxes +Article (498 ) +1. Rental of safe deposit boxes is a contract whereby a bank undertakes to place a certain +safe deposit box at the disposal of its renter customer, and allows the latter to take advantage of it against a fixed rent. +2. The bank shall guard the rented safe deposit box and ensure its safety and u sability by +taking all such measures as are imposed by the banking customary practice. + +Article (499 ) +1. Rented safe deposit boxes shall be openable by two keys, one of which shall be handed +by the bank to the renter customer and the other one shall be kept by the bank. The bank +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 171 may neither give a copy of the key to any other person, and shall only allow its customer +or authorized agent to have access to, and to use, the safe deposit box. +2. The key handed to the renter shall remain the property of the bank and shall be returned +to it upon the expiry of the rental term. +3. The bank may use other means of access, such as the automated control system or plastic +cards. + +Article (500 ) +1. The bank shall be liable for the safety, custody and usability of the safe deposit box, and +may only deny such liability by proving a force majeure event or a third party's action that +amounts to a force majeure event. +2. The bank may not invoke the exoneration clause where an act of fraud or gross negligence is proved to have been committe d by it or by its subordinates. + +Article (501 ) +1. The renter shall use the safe deposit box for the usual purposes, and shall pay the agreed - +upon rent on the maturity dates. +2. The renter may not place in a safe deposit box any items detrimental to its safety or to the +safety of the place wherein it is located. +3. Unless otherwise agreed with the bank, a renter may neither sublet the safe deposit box +or part thereof, nor may assign the rental to third parties. + +Article (502 ) +1. Unless otherwise agreed, when a safe d eposit box is rented out to several renters, any one +of them may use it separately. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 172 2. Where a renter dies, the bank may only, after becoming aware of the death, give +permission for the safe deposit box to be opened with the approval of all parties concerned or based on a court decision. + +Article (503 ) +The bank shall keep a record of dates and times when the renter opens the safe deposit box. + +Article (504 ) +Where the bank finds out that the safe deposit box is endangered or that it contains dangerous items, it shall forthwith notify the renter to report to the bank to either empty the box contents +or remove the dangerous items therefrom. Where the renter fails to report on the given date, the bank may, under a Writ Petition, request the competent judge of the court in whose +jurisdiction the bank is located to give permission to open the box in order to empty it or to remove such dangerous items therefrom, in the presence of any person assigned by the judge +for such mission. A report on such procedure shall be drawn wherein the box contents shall +be recorded. Where the danger threatening the safe deposit box is imminent, the bank may, +at the risk of the bank, open the box and empty it or remove any dangerous items therefrom, +without any notice or permission from the competent judge. Such procedure shall be +performed by a committee consisting of at least (3) three of the bank officers, and a report to that effect shall be drawn up and a copy thereof shall be communicated to the customer. + +Article (505 ) +1. Where the renter fails to pay the box rent on the due dates, the bank may, after the lapse +of (15) fifteen days, unless further periods are agreed upon, from the date of a notice +served to the renter requiring payment, consider the contract as automatically terminat ed +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 173 and recover the box, after serving notice to the renter to report to the bank to open the +box, empty its contents and deliver its key. The notice shall be valid if served to the last address specified by the renter to the bank. +2. Where the renter fails to report on the date set or if the contract term expires, the bank +may, under a Writ Petition, request the competent judge of the court in whose jurisdiction +the bank is located to give it permission to open the safe deposit box and empty it in the +presence of a person delegated by the judge for such purpose. A report on the incident +shall be drawn up listing the contents and shall be signed by the judge delegate and the bank. The judge may order that the contents be deposited with the bank, or with a truste e +appointed by the court, until they are handed to their owner or until the judge orders that the same be disposed of. + +Article (506 ) +The bank may withhold the contents of the safe deposit box and shall have lien over the price +generated from the sale of its contents to collect the rent and the accrued expenses. + +Article (507 ) +1. A precautionary and executory attachment may be levied at the contents of the safe +deposit box. +2. The attachment shall be levied by notifying the bank of the contents of the writ by virtue +of which such attachment is levied, as well as requiring the bank to state whether it has +rented out a safe deposit box to the attached person. Upon receiving such notice, the bank +shall forthwith prevent the attached renter from using the box and p romptly notify him +that the attachment is levied at the safe deposit box. +3. Where the attachment is precautionary, the renter may request the court to lift the +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 174 attachment from all or part of its contents. +4. Where the attachment is executory, the bank shall ope n the safe deposit box, empty its +contents, in the presence of the attaching person and the execution officer, and notify the +renter of the date scheduled for opening the safe deposit box. On the scheduled date, an +inventory of the box contents shall be made, and such contents shall be delivered to the +bank or the trustee appointed by the court until they are sold in accordance with the +procedures set by the court. +5. Where the safe deposit box contains papers or documents not included in the compulsory sale, they shall be handed over to the renter. However, if the renter is not present at the +time of opening the box, such papers or documents shall be delivered to the bank for safekeeping after placing them in an envelope sealed with the stamps of both the execution officer and the bank delegate, until they are requested by the renter. +6. The attaching person shall pay the bank a sum sufficient to secure the rent of the safe deposit box for the attachment period. + +Article (508 ) +Except for the cases provided by the Law, the bank may open a rented safe deposit box or +empty its contents only with the permission of the renter and in his presence, or in execution of a judgment, order or decision issued by the court. + + + + + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 175 Book F our +Commercial Papers +General Provisions +Definition and Types of Commercial Papers +Article (509 ) +Commercial papers are instruments written according to forms prescribed by the Law. +Commercial papers represent a right to a specific sum payable at sight or after a determined +or determinable time limit. Commercial papers are negotiable through negotiable +instruments and the custom generally recognizes the same as a payment instrument instead +of money. + +Article (510 ) +Commercial papers shall include bills of exchange, promissory notes, bearer instruments, +cheques and other papers drawn up for commercial activities, which the customary practice +generally accepts as a payment instrument in transactions. + +Article (511 ) +A bill of exchange (the drawing instrument) is a commercial paper whereby a dr awer draws +an order for the payment of a specific sum from the drawee, at sight or on determined or determinable date, for the order of the payee. + +Article (512 ) +A promissory note is a commercial paper whereby its issuer undertakes to pay, at sight or on a determined or determinable date, a specific sum to the order of another person (the payee). +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 176 +Article (513 ) +A bearer instrument is a commercial paper whereby its issuer undertakes to pay a sum to the +order of bearer, at sight or on a determined or determinable date. + +Article (514 ) +A cheque is a commercial paper containing an order issued by the drawer to the drawee bank to pay on the day indicated therein, as the date of issue, a specific sum to the order of a third +person, namely the payee or bear er. + +Part O ne +Bill of Exchange +Chapter O ne +Drawing Up a BOF E xchange +Article (515 ) +A bill of exchange shall contain the following particulars: +1. The word ""Bill of Exchange"" written in the title thereof and in the language in which the +bill is written; +2. An unconditional order to pay a fixed sum of money; +3. Date and place of drawing up the bill; +4. Signature of the drawer; +5. Given name and surname of the drawee; +6. Name of the person to whom or to whose order the payment shall be made (the payee); +and +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 177 7. Date of maturity and place of payment. + +Article (516 ) +An instrument which does not contain any of the particulars mentioned in article (515) hereof +shall be deemed a bill of exchange only in the following cases: +1. Where the date of maturity is not mentioned in the bill, it shall be deemed payable at sight. +2. Where the place of payment of the bill is not stated therein, the place indicated next to the +drawee's name shall be deemed the place of payment and the drawee's place of residence +at the same time. In this case, the bill shall be payable at the drawee's place of residence if +there is no condition for payment in another place. +3. Where the place of drawing up the bill is not stated therein, the bill shall be deemed as +having been drawn up in the place mentioned next to the drawer's name, and where such +place is not expressly stated, the place of drawing up the bill shall be deemed the place +where the drawer has signed the same. + +Article (517 ) +1. The signature on a bill of exchange shall be made in writing or by thumb -print. +2. Two witnesses shall testify that the thumb printer has affixed his thumb before them while +being aware of the contents of the instrument. + +Article (518 ) +1. Where the bill sum is written in letters and in numbers at the same time, the sum indicated in letters shall prevail in case of discrepancy. +2. Where the sum is written several times in letters or in numbers, the lesser sum shall prevail +in case of discrepancy. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 178 +Article (519 ) +1. A bill of exchange may not contain more than one sum. +2. Where a bill of exchange is drawn in a currency having a nomenclature common between +the countries of drawing and payment, without indicating the intended currency, the +currency of the country of payment shall prevail. + +Article (520 ) +1. A bill of exchange may be signed by more than one drawer. +2. A drawer may authorize a third party to sign the bill of exchange on his behalf, in which case, the third party shall indicate his capacity upon signing the bill. + +Article (521 ) +1. No interest may be stipulated on the sum mentioned in the bill of exchange, unless it is +made payable at sight or after a specific period from the time of sight. +2. The interest rate shall be stipulated in the bill itself, otherwise, the stipulation shall be null +and void. +3. The interest shall be applicable from the date of d rawing up the bill of exchange, unless +any other date is set. + +Article (522 ) +1. A person who signs, without authorization, a bill of exchange on behalf of another person +shall be personally liable thereunder. If he discharges said liability, the rights which would +have devolved to the person on whose behalf he purported to have acted shall devolve to him. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 179 2. The above provision shall apply to the representative if he acts beyond the limits of his +powers. + +Article (523 ) +Where a bill of exchange bears forged signatures, or signatures of fictitious persons, or +signatures of persons who have no capacity to incur liability, or where the signatures do not +bind the signatories thereof for other reasons, or do not bind those persons on whose behalf +the bill is signe d, the obligations of the other signatories shall nevertheless remain valid. + +Article (524 ) +Obligations of a person with diminished capacity, who is not authorized to engage in +commerce, and an incapacitated person, arising from affixing their signatures to a bill of +exchange, in any capacity whatsoever, shall be null and void with regard to themselves only; +however, they may invoke such nullity against each bearer of such bill. + +Article (525 ) +1. A bill of exchange may be drawn to the order of the drawer him self. +2. It may be drawn on its drawer. +3. It may be drawn to the account of another person. + +Article (526 ) +1. The form of a bill of exchange shall be governed by the Law of the state where it is drawn +up. +2. The capacity of the obligor of a bill of exchange shall be determined according to the law of his country, and where such law refers to that of another State, the latter shall be +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 180 applicable. +3. Where the applicable Law considers the obligor as a person lackin g legal capacity, his +obligation under the bill shall nevertheless remain valid if he affixed his signature thereto +in a state whose law considers the obligor a person with full capacity. + +Article (527 ) +A bill of exchange may be made payable in the place of residence of another person, whether +in the place where the drawee's place of residence is located or in any other place. + +Article (528 ) +1. A drawer of a bill of exchange shall guarantee its acceptance and payment. +2. A drawer of a bill of exchange may further stipulate that he shall be exempted from the +guarantee of acceptance; however, any stipulation for exemption from the guarantee of +payment shall be deemed null and void. + +Chapter T wo +Negotiability of a Bill of Exchange +Article (529 ) +1. Any bill of exchange shall be negotiable by indorsement, even if it does not contain an +express stipulation that it is drawn to order. +2. A bill of exchange shall be unnegotiable when the drawer stipulates therein that it is not ""to order"", save in pursuance of the provisions of the transfer of right. +3. Endorsement may be made to the drawee, regardless of whether the drawee accepts the bill of exchange or not. In addition, Endorsement may also be made to the drawer or to +any other obligor, and all the foregoing persons may re -endorse the bill of exchange. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 181 +Article (530 ) +1. Without prejudice to the provisions of article (534) hereof, the Endorsement shall be +unconditional, and any condition attached to the Endorsement shall be null and void. +2. A partial Endorsement shall be null and void. +3. An Endorsement to bearer shall be a blank indorsement. + +Article (531 ) +1. An Endorsement shall be written on the bill of exchange itself or on a paper attached +thereto, and shall be signed by the endorser. +2. An Endorsement may be signed only by the endorser (blank endorsement). In order for an +Endorsement to be valid in this case, it shall be written on the back of the bill or on the +paper attached thereto. + +Article (532 ) +The Endorsement shall transfer to the endorsee all rights arising from the bill. + +Article (533 ) +In case of a blank indorsement, the bearer shall: +1. Fill out the blank by writing his name or the name of another person; +2. Re-endorse the bill in blank or to another person; or +3. Deliver the bill to another person without filling out the blank and without endorsing it. + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 182 Article (534 ) +1. The endorser shall guarantee the acceptance and payment of the bill, unless otherwise +stipulated. +2. The endorser may prohibit the re -Endorsement of bill, and in such case, he shall not be +liable for the guarantee vis -à-vis the person to whom the bill is transferred by means of a +subsequent endorsement. + +Article (535 ) +The possessor of a bill of exchange shall be its legal bearer when he proves that he is the holder of right thereto by means of uninterrupted endorsements, even if the last one is in +blank. Erased endorsements in this regard shall be null and void. If the endorsement in blank +is followed by a subsequent endorsement, the signatory on the last endorsement shall be the +one to whom the right to the bill is devolved. + +Article (536 ) +Where a person loses possession of a bill of exchange, the bearer shall not be bound to +surrender it if he proves his right thereto in accordance with the preceding Article, save where +he has acquired it in b ad faith or if he had committed a gross fault in order to acquire it. + +Article (537 ) +Without prejudice to the provision of article (524) above, a debtor who is sued for a bill of +exchange may not invoke against its bearer the pleas based on his personal r elationships with +the drawer or with one of its previous bearers, except where the bearer's intent at the time of +acquiring it was to cause harm to the debtor. + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 183 Article (538 ) +1. Where the endorsement includes the phrase ""value for collection"" or ""value for r eceipt"" or +any other term indicating the procuration, the bearer may exercise all the rights arising +from the bill of exchange, including the right to institute an action in his personal name +and may endorse it only to the effect of procuration. +2. In this case, obligors may only invoke against the bearer the please that may be invoked +by them against the endorser. + +Article (539 ) +1. Where the endorsement includes the phrase of ""value for security"" or any other +expression purporting to the pledge of the right established by the bill of exchange to the +endorsee, the bearer may use all the rights arising from the bill of exchange. Nevertheless, +where the bearer endorses the bill of exchange, such endorsement shall be deemed as +having been made as power of attorne y. +2. In this case, obligors of the bill of exchange may not invoke against the bearer the pleas based on their personal relationships with the endorser, save where the bearer's intent, at the time of acquiring the bill of exchange, was to cause harm to the d ebtor. + +Article (540 ) +1. An endorsement after the date of maturity shall produce the same effects as an endorsement prior to such date; however, an endorsement subsequent to a non -payment +protest or after the expiry of the time limit set by the Law for makin g the protest shall only +produce the same effects as for the transfer of right. +2. An endorsement which does not bear a date shall be deemed to have been made before +the expiry of the time limit fixed for the protest, unless the contrary is proved. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 184 +Article (541 ) +An endorsement may not be predated. A predated endorsement shall be considered forgery. + +Chapter T hree +Consideration for Payment of the Bill of Exchange +Article (542 ) +The drawer of a bill of exchange or the person for whose account it was drawn shall be bound +to make available to the drawee sufficient funds to pay the value thereof; however, the person +who has drawn for the account of another shall be held personally liable exclusively towards +the endorsers and the bearer of the bill of exchange for providing the funds for payment. + +Article (543 ) +The consideration for payment shall be deemed available when, on the maturity date of the +bill of exchange, the drawee is indebted to the drawer or to the person who ordered the +drawing for a sum which is due and at least equal to the sum of the bill of exchange. + +Article (544 ) +1. The acceptance of a bill of exchange shall be considered a presumption that the +consideration required for payment is available with the acceptor. This presumption shall +not be ch allenged as to the relationship between drawee and bearer. +2. In case of denial, only the drawer shall be bound to prove, irrespective of whether the bill of exchange was accepted or not, that the drawee had the consideration for payment on +the maturity date. If he fails to do so, he shall guarantee the payment, even if he had +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 185 protested after the time limit prescribed by the law. In case the drawer proves that the +consideration is available and continues to be available until the date on which the protest was supposed to have been made, he shall be relieved from liability to the extent of such +consideration, save where it had been used in his interest. + +Article (545 ) +1. The title to the consideration for payment shall pass ipso jure to the consecutive bearers +of the bill of exchange. +2. Where the consideration for payment is less than the sum of the bill of exchange, the +bearer shall be vested with regard to such shortage in consideration with all the rights +vested upon him for the entire consideration. +3. The provision stipulated in Clause (2) of this Article shall apply in the event that the +consideration for payment is disputable, uncertain or undue on the maturity date of the +bill of exchange. + +Article (546 ) +The drawer shall, even if he filed a protest after the statutory time limit, deliver to the bearer +of the bill of exchange the documents required to obtain the consideration for payment. +Where the drawer is declared bankrupt, the bankruptcy trustee shall do so; however, the +bearer of the bill of exchange shall in all cases assume all the expenses incurred in this respect. + +Article (547 ) +Where the drawer is declared bankrupt, the time limit shall lapse and the date set for payment +of the value of the bill of exchange shall fall due. The bearer – not the other creditors of the +drawer - shall be exclusively entitled to receive his right from the consideration for payment +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 186 available with the drawee. + +Article (548 ) +1. Where the drawee is declared bankrupt and the consideration for payment is a debt owed +by the same, such debt shall be included in the assets of the bankruptcy. +2. Where the drawee who is declared bankrupt has possession on behalf of the drawer of goods, commercial papers, securities or any other properties that may be recovered +according to the provisions of th e Bankruptcy Law, and such property is expressly or +implicitly allocated for payment of the value of the bill of exchange, the bearer shall have +a priority to collect his right from the value thereof. + +Article (549 ) +1. Where several bills of exchange have been drawn on one consideration insufficient to +accommodate them all, the priority in recovering their value shall be given to the order of +the dates of their drawing. +2. Where the said bills of exchange were drawn on the same date, the bill bearing the +drawe e's acceptance shall have priority. Where none of the bills of exchange bears the +drawee's acceptance, the bill for which a consideration for payment has been allocated +shall have priority. Bills of exchange containing a stipulation for non -acceptance shall rank +last in the order of priority. + + + + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 187 Chapter F our +Acceptace of Bill of Exchange +Article (550 ) +The bearer or possessor of a bill of exchange may, during the period from its drawing up to +the date of its maturity, present it to the drawee at his place of residence for acceptance. + +Article (551 ) +1. The drawer of a bill of exchange may stipulate that the same be presented for acceptance +on a specific date or without specifying any date. +2. The drawer may stipulate that the bill be not presented for acceptance , unless it falls +payable with a person other than the drawee or in a place other than his domicile or +payable after specific period from sight. +3. He may also stipulate not to be presented for acceptance before a specified time limit. +4. Every endorser may stipulate that the bill of exchange must be presented for acceptance on a specified date or any date without specification, unless the drawer had stipulated that +it must not be presented for acceptance. + +Article (552 ) +A bill of exchange that falls payable after the lapse of a certain period from sight must be +presented for acceptance within one year form its date. The drawer may shorten or extend +such time limit, and every endorser may only shorten such time limit. + +Article (553 ) +1. The drawee may request th at the bill of exchange be re -presented for acceptance on the +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 188 next day following the first presentation; however, persons concerned may not allege that +such request was rejected, unless it has been mentioned in protest. +2. The bearer of a bill of exchange pre sented for acceptance shall not be bound to surrender +it to the drawee. + +Article (554 ) +1. The acceptance shall be written on the face of the bill of exchange with the word +""accepted"" or any other phrase having the same meaning, and shall be signed by the +drawee. +2. The mere signature of the drawee on the face of the bill of exchange shall be deemed as +acceptance. +3. The date of acceptance shall be stated as being on the same day on which acceptance occurred if the bill of exchange is due for payment after a cert ain period from being seen, +or where it is stipulated that it must be presented for acceptance within a specific time limit, pursuant to a condition pertaining thereto, unless the bearer requires that the date +of acceptance is to be stated on the same day of acceptance. +4. Where the date of acceptance is not stated, the bearer may, in order to preserve his rights, have recourse against the endorsers, and the drawer shall establish the lack of date by +means of a protest made in due course. + +Article (555 ) +1. The acceptance must be unconditional; however, the drawee may restrict it to part of the +sum of the bill of exchange. +2. Any modification to the particulars of the bill of exchange introduced to the wording of +the acceptance shall be deemed as refusal of acceptance. Nevertheless, the acceptor shall +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 189 remain bound by the contents of the acceptance wording. + +Article (556 ) +1. Where the drawer stipulates on the bill of exchange for a place for payment, other than +the drawee's place of residence, without naming the person to whom payment is to be +made, the drawee may designate the name when signifying his acceptance. If he fails to do so upon acceptance, the accepting drawee shall be bound to make the payment at the +place designated therefor. +2. Where the bill of exchange is d ue for payment at the drawee's place of residence, he may +specify in the acceptance wording an address at the place where the payment shall be made. + +Article (557 ) +1. Where the drawee accepts the bill of exchange, he shall be bound to pay its value on the maturity date. +2. In the event of non -payment, the bearer may, even if he is the drawer himself, have +recourse against the drawee acceptor by instituting a direct action arising from the bill of exchange and claiming all the rights which may be legally claime d. + +Article (558 ) +1. Where the drawee crosses out its acceptance stated on the bill of exchange before returning it, the acceptance shall be deemed rejected, and the crossing out shall be +deemed to have been occurred before the bill of exchange is returned, unless otherwise +proved. +2. Where the drawee notifies the bearer or any other signatory in writing of its acceptance, it +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 190 shall be bound vis -à-vis them by such acceptance. + +Chapter F ive +Aval +Article (559 ) +1. The payment of the bill of exchange, in whole or in part, may be guaranteed by an aval. +2. Such an aval may be given by a third party or even by a person who has signed as a party +to the bill. + +Article (560 ) +1. The aval shall be written on the bill of exchange itself or on a paper attached thereto in +such wording as to indicate being an ""aval"" and shall be signed by the giver of the aval. +2. Such aval shall be established by the mere signature of the giver of the aval placed on the face of the bill of exchange, unless such signature is affixed by the drawee or drawer. +3. The wording of the aval shall include the name of the guarantor, otherwise, it shall be +deemed as issued for the drawer. + +Article (561 ) +1. The giver of an aval is bound as the person for whom he has become guarantor. +2. The liability of the giver of an aval shall be valid even if the obligation guaranteed is void +for any reason whatsoever, other than a defect in the form. +3. Where the giver of an aval pays the bill of exchange, all rights arising therefrom shall +devolve on itself vis -a-vis the guaranteed party and every party liable towards the latter +under the bill of exchange. + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 191 Article (562 ) +1. Aval may be issued on a separate paper indicating the place where it is made. +2. The giver of an aval who has given the collateral on a separate paper shall be liable only +vis-a-vis the person in whose favor the aval is given. + +Chapter S ix +Maturity of the Bill of Exchange +Article (563 ) +1. A bill of exchange shall contain a single date of maturity. +2. The drawer may set the date of maturity of the bill of exchange by any of the following methods: +3. At sight; +4. At a fixed period after sight; +5. At a fixed date; or +6. After a fixed period after being created. +7. A bill of exchange which contains maturities other than those mentioned in Clauses (1) +and (2) above, shall lose its feature as a commercial paper. + +Article (564 ) +1. A bill of exchange that falls payable at sight shall be payable once presented, and shall be presented for payment within one year of the date of being drawn up. The drawee may shorten or extend such time limit but the endorsers may only shorten the same. +2. The drawer may stipulate that the bill of exchange payable at sight be not presented before the lapse of a fixed period of tim e, and in such case, the time for presentation shall +be calculated from the maturity of such period of time. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 192 +Article (565 ) +1. The maturity date of a bill of exchange payable after a fixed period after sight shall be +calculated as from the date of acceptance or from the date of protest. +2. Where no protest is made, the undated acceptance shall be deemed as having occurred vis-a-vis the acceptor on the last day of the time limit set for presenting the bill of exchange +for acceptance, pursuant to article (552) abo ve. + +Article (566 ) +1. Where a bill of exchange is made payable after one month or more after its date of sight, it shall fall due on the corresponding date of the month during which payment is to be +made. In the absence of a corresponding date in the month during which the bill of +exchange shall be paid, it shall fall due on the last day of such month. +2. Where the bill of exchange is drawn for one month and a half or for several months and a +half after its date or after the date of sight, the calculation shall begin to run on the basis +of full months. The phrase of ""half month"" shall mean (15) fifteen days. + +Article (567 ) +1. Where the bill of exchange is payable on a specific date in a country where the calendar is +different from that of the country of issue, the date of maturity shall be deemed as having +been determined according to the calendar of the country of payment. +2. Where the bill of exchange is drawn between two countries having different calendars +and it is payable after a certain period from its date, th e date of drawing shall be adjusted +to the corresponding day of the calendar of the country of payment and the date of +maturity shall be determined accordingly. The date of presentation of the bill shall be +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 193 determined according to the foregoing rules. +3. The above rules shall not apply when it appears from a stipulation in the bill of exchange +or in its particulars that different rules are applicable. + +Chapter S even +Payment of the Bill of Exchange +Article (568 ) +1. The bearer of a bill of exchange shall present it for payment on the date of maturity. +2. Presenting a bill of exchange to any of a legally -recognized clearing house shall constitute +an act of presentation for payment. + +Article (569 ) +1. Where a drawee pays off the bill of exchange, he may recover it from the bearer duly +signed to the effect of payment. +2. The bearer may not refuse partial payment. +3. In the event of partial payment, the drawee may request such payment to be stated in the +bill of exchange and a receipt for the sum to be issued. The drawer, endorsers and any +obligor under the bill of exchange shall be discharged up to the sum paid and the bearer +shall protest the unpaid sum. + +Article (570 ) +1. The bearer of a bill of exchange may not be compelled to receive its value before the +maturity date. +2. Where the drawee pays off the value of the bill of exchange before the maturity date, he +shall bear any consequences resulting therefrom. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 194 +Article (571 ) +Any person who pays off the value of a bill of exchange on the maturity date without valid +objection shall be discharged, unless he had committed fraud or gross fault. Such person shall +satisfy himself with the regularity of the endorsement sequence, but he is not bound to verify +the authenticity of the signatures of the endorsers. + +Article (572 ) +1. Where payment of t he value of the bill of exchange in the United Arab Emirates is to be made +in a currency that is not officially traded therein, the payment shall be made in the national currency according to the rate of exchange prevailing on the maturity day. Where the +payment is not effected on the day of maturity, the bearer shall have an option to claim +payment of the value of the bill of exchange valuated in the national currency, as per the rate +of exchange prevailing either on the day of maturity or on the date of p ayment. The current +custom in the place of payment shall apply for the exchange rate of foreign currency, unless the drawer had fixed in the bill itself the rate on the basis of which the payable sum shall be calculated. +2. The provisions of Clause (1) above shall not apply in the event where the drawer had expressly stipulated that payment of the bill of exchange must be made in the foreign +currency specified in the bill itself, subject to the laws pertaining to currency and the control +over foreign remittanc e. +3. Where the value of a bill of exchange is specified in a currency having a common +denomination in several countries but a different value in the country of drawing and the +country of payment, it shall be assumed to mean the country of payment. + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 195 Article (573 ) +1. Where a bill of exchange is not presented for payment on the date of maturity, any debtor +thereof may deposit its value with the treasury of the court within whose jurisdiction the +place of payment is located. Such deposit shall be at the bearer's ex pense and under his +responsibility and against a receipt to be delivered to the depositor stating the sum deposited, the date of drawing up the bill of exchange, the maturity date thereof and the +name of the person in whose favor it was originally drawn up . +2. Where the bearer claims payment from the debtor, the latter shall deliver to the bearer the +receipt for the deposit against the surrender of the bill of exchange on which it is marked that payment was made by virtue of the said instrument. The bearer shall in this case +receive the sum deposited with the court against such instrument. If the debtor fails to +deliver the deposit receipt to the bearer, he shall be bound to pay the value of the bill of +exchange. + +Article (574 ) +Objection to the payment of a bill of exchange or refusing to pay it shall be acceptable only in +case of loss or bankruptcy of its bearer. + +Article (575 ) +1. Where a non -accepted bill of exchange, which is part of a set, is lost, the person entitled to its +value may claim payment by virtue of one of its other copies. +2. Where a bill of exchange is drawn up in several copies and the part which bears the +acceptance is lost, the payment thereof may not be claimed under one of the other copies, +except with an order by the chief justice of the competent court, provided that a guarantor is +provided. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 196 +Article (576 ) +A person who has lost a bill of exchange, whether accepted or not, and is unable to present +one of the other copies, may request the chief judge of the competent court for an order to +have its value paid, provided that he proves his title thereto and provides a guarantor. + +Article (577 ) +1. In the event of refusing to pay the value of a lost bill of exchange after claiming its payment, pursuant to the provisions of the preceding two Articles, its owner shall +document such refusal in a protest to be made on the day following the date of maturity, +and shall notify the drawer and endorsers of the same in such manner and within such +time -limits as provided for in article (591) hereunder. +2. The pr otest shall be made within the time limit mentioned in Clause (1) above, even if it is +impossible to obtain a decision from the competent court in due course. + +Article (578 ) +Payment of the value of a bill of exchange on the date of maturity, based on a co urt order in +the cases referred to in Articles (575) and (576) above, shall discharge the debtor from liability. + +Article (579 ) +The obligation to provide a giver of an aval, as set forth in Articles (575), (576) and (580) of +this law, shall lapse after (3 ) three years if no claim or action is filed within such time limit. + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 197 Article (580 ) +1. The owner of a lost bill of exchange may obtain a copy thereof by referring to his preceding +endorser, who shall assist and authorize him to use his name in order to claim from the +previous endorser, and so on from one endorser to another up the drawer. +2. Every endorser shall annotate his endorsement on the copy of the bill of exchange delivered by the drawer after being annotated that it is in lieu of the missing origin al. +3. Payment may not be claimed under the said copy except with an order from the chief +judge of the competent court and subject to the provision of a guarantee. +4. All expenses incurred in this respect shall be borne by the owner of the bill of exchange. + +Chapter E ight +Claim and Recourse Against Obligors of the Bill of Exchange +Article (581 ) +A holder of a bill of exchange, in case of non -payment thereof on the date of maturity, may +have recourse against endorsers, drawer and other obligors thereof. + +Article (582 ) +1. A holder may have recourse against obligors of a bill of exchange prior to the date of +maturity in the following cases: +a. Total or partial refrainment from acceptance; +b. Bankruptcy of the drawee, whether he accepted the bill of exchange or not, or when +he suspends payment, even if no adjudication is rendered declaring his bankruptcy, or +when an attachment of no avail is levied at his property; or +c. Bankruptcy of the drawer of the bill of exchange required not to be presented for +acceptance. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 198 2. The giver of an aval may request a time limit for payment when recourse is exercised +against him in the two cases provided for in Paragraphs (b) and (c) of Clause (1) above, by +applying to the Court of First Instance within whose jurisdiction his place of residence is +located, within (3) three days from the date of recourse against him. Where the Court of +First Instance considers that the grant of the time limit is justifiable, it shall determine in +its decision the date on which the payment shall be conducted; provided that it does not +exceed the date set for maturity. The Court's decision in this respect shall be non - +appealable. + +Article (583 ) +1. Where the maturity date of a bill of exchange is a public or bank holiday, the payment +thereof may be claimed only on the following business day. +2. Similarly, no action may be taken in relation to the bill of exchange and commercial papers, such as presentation for acceptance or making a protest, except on a business day. +3. If an action related to the bill of exchange and commercial pap ers is scheduled to be taken +within a specified time limit and the last day of such time limit is a public or bank holiday, +the time limit shall be extended to the next business day. +4. The intervening holidays shall be calculated within the time limit. +5. The first day of the time limit shall not be considered when calculating statutory or +contractual time limits related to the bill of exchange and commercial papers. + +Article (584 ) +Refrainment from acceptance or payment of the bill of exchange shall be proved by a protest +for non -acceptance or a protest for non -payment, which shall be executed through the +competent Notary Public; provided that one copy thereof shall be served to the addressee of +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 199 the protest. + +Article (585 ) +1. The protest shall contain a true copy of bill of exchange with all the particulars stated +therein, as to its acceptance, endorsement, giver of an aval, payment of its value, if +applicable, and any other particulars. The protest shall also contain the notice to pay the +value of the bill of exc hange, whether the person liable to accept or pay such value is +present or absent, the reasons of non -acceptance or non -payment, the inability to affix the +signature or refusal to sign and the sum paid from the value of the bill of exchange in case +of partial payment. +2. The protest for non -acceptance or non -payment shall be communicated in the domicile +of the obligor of the bill of exchange or in the last domicile known for him. + +Article (586 ) +The competent notary public shall record day -by-day all the papers related to the protest in +chronological order in a special register with numbered and duly annotated pages. + +Article (587 ) +The competent Notary Public shall also during the first (10) ten days of every month send to +the competent Commercial Registr y office a list of protests for non -payment executed during +the previous month. The competent Commercial Registry office shall keep a book to record such protests. Every person may have access to such protests and obtain a copy thereof +against payment of t he prescribed fees. The said office shall publish a bulletin containing such +protests. + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 200 Article (588 ) +1. A protest for non -acceptance shall be made within the time -limits set for presentation of +the bill of exchange for acceptance. Where the first presentation for acceptance, pursuant +to article (552), falls on the last day of such time limit set for presentation, the non- +payment protest may be made on the following day. +2. Where the bill of exchange is due for payment at sight, the protest for non -payment shall +be made according to the conditions stipulated in Clause (1) above pertaining to the non- +acceptance protest. +3. Where the bill of exchange is due for payment on a specified date or after a certain period +from the date of drawing up or sight, the protest for non -payment shall be made on either +of the two business days following the date of maturity. +4. The protest for non -acceptance shall substitute the need for presenting the bill of +exchange for payment and for making a protest for non -payment. + +Article (589 ) +No instrument may substitute the protest except in the cases stipulated by the Law. + +Article (590 ) +1. Where the drawee suspends payment, whether he has accepted the bill of exchange or +not, or in case an attachment of no avail is levied on his property, the bearer of the bill of +exchange may have recourse against the giver of an aval only after presenting the bill of +exchange to the drawee for payment and making a protest for non -payment. +2. Where the drawee is declared bankrupt, whether he has accepted the bill of exchange or +not, or in case of bankruptcy of the drawer of the bill of exchange who has stipulated for non -presentation for acceptance, the presentation of the bankruptcy judgement shall be +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 201 sufficient to enable the bearer to exercise his rights of reco urse against the giver of an aval. + +Article (591 ) +1. The bearer of a bill of exchange shall notify its drawer and his endorser of the non - +acceptance or non -payment thereof within the (4) four business days following the date +of protest, or the date on which it is presented for acceptance or payment if it contains the +stipulation for recourse without costs. Every endorser shall, within the two business days +following his receipt of the notice, be bound to notify in his turn his endorser of his receipt +of such notice, giving him the names and addresses of the previous notifying persons, and +so on from one endorser to another up to the drawer. The time limit shall, vis -a-vis each +endorser, commence from the date on which he received the notice from his previous +endorser. +2. Where one of the signatories has been notified on the bill of exchange itself, pursuant to Clause (1) above, it shall also be compulsory to notify the giver of aval on the same date. +3. Where one of the endorsers has failed to state his address or has stated it in an illegible +manner, it shall be sufficient to notify his previous endorser. +4. Any person who is bound to serve the notice may perform it in any manner whatsoever, even by returning the bill of exchange itself. +5. The person who is bound to send the notice shall prove that he did so within the time limit +prescribed therefor; and such time limit shall be deemed to be observed if he delivered the +registered letter containing the notice to the Post Authority within the said time limit. +6. The person who is bound to serve the notice shall not forfeit his rights if he fails to do so +within the prescribed time limit, but he shall be required, if applicable, to compensate the +damage arising from his negligence; provided that the compensation shall not exceed the +sum of the bill of exchange. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 202 +Article (592 ) +1. The drawer, every endorser or giver of an aval may exempt the bearer from the obligation +of making the protest for non -acceptance or non -payment upon recourse if it is stipulated +in the bill of exchange for (recourse without costs) or (without protest) or any other +stipulation having the same meaning and signed by him. +2. Such stipulation shall neither exempt the bearer from presenting the bill of exchange within the prescribed time limits, nor serving the required notices. Any person who +invokes vis -a-vis the bearer the non -adherence to such time limits shall prove the same. +3. Where the drawer stipulates for recourse without costs, the effects of such stipulation +shall apply to all signatories; however, if the same is stipulated by an endorser or giver of +an aval, its effects shall apply to him only. +4. Where the drawer makes such stipulation and the bearer however protests the same, the +bearer shall solely bear the costs. If the stipulation is made by an endorser or a giver of an +aval, recourse may be exercised against all the signatories for the costs of prot est, if +applicable. + +Article (593 ) +1. Persons who have committed themselves under the bill of exchange shall be jointly liable towards its bearer. +2. The bearer may have recourse against such obligors, separately or jointly, without having to observe the order of their obligations. +3. The right of recourse of each signatory on the bill of exchange shall, if he pays its value, be established against the obligors towards him. However, an action instituted against any +of such obligors shall not prevent the right of re course against others, even if they are +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 203 subsequent to the obligor against whom the action was initially instituted. + +Article (594 ) +1. A bearer of a bill of exchange may claim from the person having a right of recourse against +him the following: +a. The original sum of a non -accepted or non -paid bill of exchange, along with the agreed +interest, if applicable; +b. The interest calculated according to the prevailing banking rate, as of the date of maturity; and +c. Costs of the protest, notices and any other expenses. +2. In th e cases of recourse exercised before the maturity date of the bill of exchange, a sum +equal to the official discount rate on the date of recourse and in the place where the +bearer's place of residence is located shall be deducted from the value of the bill of +exchange. + +Article (595 ) +Any person having paid the value of the bill of exchange may claim from the obligors committed towards him to reimburse him the sum paid and the expenses incurred. + +Article (596 ) +Courts may not grant a time limit for paying the value of the bill of exchange or to undertake any action related thereto, except in the cases stipulated by the Law. + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 204 Article (597 ) +1. Any obligor who, by way of recourse, is claimed or is likely to be claimed to pay a bill of +exchange, may, if he effects the payment, request that the bill, together with the protest +and a receipt for the sum paid, be surrendered to him. +2. Any endorser who paid the bill of exchange may cross out his endorsement and all subsequent endorsements. + +Article (598 ) +In case t he recourse is exercised after partial acceptance, the person who has paid the non - +accepted part of the value of the bill of exchange may require its bearer to prove such payment +of the bill itself and deliver him a clearance. Furthermore, the bearer shall be bound to hand +him a copy of the bill of exchange certified by him as a true copy, together with the protest, in +order to enable him to exercise his right of recourse against others for the sum paid by him. + +Article (599 ) +1. The bearer of a bill of exchange shall forfeit his right, pursuant to the rules of the Exchange +Law, to have recourse against the drawer, endorsers and other obligors, except the acceptor, upon the expiry of the time limits set for the undertaking the following: +a. Present the bills of exchange payable at sight or a certain period after sight. +b. Make a protest for non -acceptance or non -payment. +c. Present the bill of exchange for payment if it contains a stipulation of recourse without +costs. +2. Nevertheless, the drawer shall take advantage of such forfeiture only if he proved that he +made available the consideration for payment on the maturity date, in which case, the +bearer may have recourse only against the drawee. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 205 3. Where a bill of exchange is not presented for acceptance within the time limit set by the +drawer, the bearer shall forfeit his right of recourse, due to the non -acceptance and non- +payment, unless it is revealed from the wording of the stipulation that the intention of the +drawer thereby was to relieve himself from guaranteeing the acceptance. +4. Where the endorser stipulates on his endorsement for a date for presentation of the bill of +exchange for acceptance, he may solely take advantage of such stipulation. + +Article (600 ) +1. Where due to a force majeure event a bill of exchange is not presented or protested within +the prescribed time limits, such time limit shall be extended. +2. The bearer shall, without delay, notify his endorser of the force majeure event. Such notice +shall be dated and signed by the bearer on the bill itself or the attached paper. Such notices +shall be sequentially served from one endorser to another up to the drawer, pursuant to +article (591) above. +3. When the force majeure even ends, the bearer shall, without delay, present the bill of exchange for acceptance or paym ent, then make the protest when necessary. +4. Where the force majeure event continues for more than (30) thirty days, as of the maturity date, recourse may be exercised against the obligors with no need to present the bill of exchange or make a protest. +5. Where the bill of exchange is payable at sight or a certain period after sight, the time limit +of (30) thirty days shall run from the date on which the bearer notifies his endorser of the +force majeure event, even if such date is prior to the expiry of the time limits set for +presentation of the bill of exchange. The sight period shall be extended to more than the (30) thirty days if the bill of exchange is payable after a certain period from the sight. +6. Matters related to the person of the bearer or any person d elegated by him to present or +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 206 protest the bill of exchange shall not be deemed a force majeure event. + +Article (601 ) +The bearer of a bill of exchange protested for non -payment may levy a precautionary +attachment, without the need to submit a guarantee, at the property of the drawer, acceptor, +endorser, giver of an aval or any other obligors under the bill of exchange, su bject to the +provisions stipulated for such attachment in the Civil Procedures Code, except for providing a guarantee. + +Article (602 ) +1. Any person having a right of recourse against other obligors under the bill of exchange +may recover his right by drawing a new bill of exchange on one of his gives or an aval to +be payable at sight and at the place of residence of such giver of aval, unles s otherwise +provided. +2. A recourse bill of exchange shall include the sums set forth in Articles (594) and (595) +above, plus any commissions and other fees prescribed by Law. +3. Where the drawer of a recourse bill of exchange is himself the bearer, its sum shall be +determined on the same basis as that adopted to fix the value of a bill of exchange due for +payment at sight, drawn from the place where the original bill of exchange was payable +on the place of residence of the giver of an aval lies. +4. Where the drawer of a recourse bill of exchange is an endorser, its sum shall be +determined on the same basis as that adopted to fix the value of a bill of exchange payable +at sight, drawn from the place wherein the place of residence of the drawer of the bill of +exchange is located, on the place where the giver of an aval's place of residence is located. +5. In case of multiple recourse bills of exchange, the drawer of the original bill or any +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 207 endorser of such bill may not be required to pay more than the value of one recours e bill +of exchange. + +Chapter N ine +Intervention for Honor +Section O ne +General Provisions +Article (603 ) +1. A drawer, endorser or giver of an aval of a bill of exchange may designate a person who +shall accept or pay the bill, where necessary. +2. A bill of exchange may be accepted or paid by a person intervening for the interest of any +obligor thereof, who may be subject of recourse, subject to the conditions set forth in the following Articles of this Chapter. +3. The intervening person may be a third party, the non- accepting drawee or any obligor +under the bill of exchange; however, he may not be the accepting drawee. +4. The intervening party shall, within the two business days following the intervention, +notify the party in whose favor the intervention took place; otherw ise, he shall be liable, +where applicable, to compensate for any damage caused by his negligence; provided that +such compensation does not exceed the sum of the bill of exchange. + +Section T wo +Acceptance for Honor +Article (604 ) +1. The acceptance for honor shall occur in all cases where the bearer of an acceptable bill of +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 208 exchange has the right of recourse prior to the date of maturity. +2. Where the bill of exchange designates an acceptor or a payer of its value when falls +payable at the place of its payment, the bearer may not, prior to the date of maturity, have +recourse neither against the person who made such designation nor against subsequent +signatories; save where he presents the bill of exchange to its designated acceptor or +paye r, where necessary, and such designee refrains from accepting it and the bearer +proved such refrainment under a protest. +3. The bearer may in other cases refuse the acceptance for honor, and if he accepts it, he shall +lose his right of recourse, prior to the maturity date, against the party in whose interest the +intervention was made and against his subsequent signatories. + +Article (605 ) +The acceptance for honor shall be conducted by writing it on the bill of exchange itself and shall be signed by the interve ner. The name of the person in whose interest the intervention +was made shall also be mentioned therein, otherwise, it shall be deemed to be conducted in favor of the drawer. + +Article (606 ) +1. The acceptor for honor shall have the same liability towards a bearer of a bill of exchange +and subsequent endorsers of the person in whose interest the intervention was made, in +the same manner of the latter. +2. The party in whose interest the intervention was made and his guarantor may, in spite of +the acceptance for h onor, require the bearer to surrender to them the bill, the protest and +the clearance, if any, against payment of the sum set forth in article (594). + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 209 Section T hree +Payment for Honor +Article (607 ) +1. A bill of exchange may be paid by intervention in all cases when, upon or prior to maturity +date, the bearer thereof has the right of recourse against the obligors thereof. +2. Such payment shall take place by paying the entire sum which was supposed to have been +paid by the person in whose interest the intervent ion was made. +3. The payment shall take place at most on the next day following the last day on which the +protest for non -payment may be made. + +Article (608 ) +1. Where the acceptors of a bill of exchange by intervention or those who are designated for payment thereof, where necessary, have a place of residence at the place of payment, the +bearer shall present the bill of exchange to all such persons for payment thereof, and +where necessary, he shall protest for non -payment at most on the day following the last +day on which such protest may be made. +2. Where the protest is not made on that date, the person designated for payment of the bill +of exchange, where necessary, or the person in whose interest the intervention was made +shall be discharged; and also the subse quent endorsers shall be discharged from liability. + +Article (609 ) +Where the bearer of a bill of exchange refuses the payment by intervention, he shall lose his +right of recourse against the person who would have been discharged by such payment. + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 210 Articl e (610 ) +1. Payment by intervention shall be established by writing a clearance on the bill of +exchange, stating the name of the party in whose interest the payment was effected, +otherwise, the payment by intervention shall be deemed to be made in favor of the +drawer. +2. The bill of exchange and the protest, if made, shall be surrendered to the person who paid +by intervention. + +Article (611 ) +1. The party who paid a bill of exchange by intervention shall acquire all the rights arising +therefrom against the person in whose interest the payment was made and against those +persons liable under the bill of exchange towards such party. However, the person who +paid by intervention may not re -endorse the bill of exchange. +2. The endorsers subsequent to the person in whose intere st the payment was made shall +be discharged from liability. +3. Where several persons offer to pay a bill of exchange by intervention, the person whose +payment shall discharge the biggest number of obligors shall have preference. Where this +rule is knowingly violated, the intervener for payment shall lose his right of recourse +against any person who has been discharged had this rule been observed. + +Chapter T en +Parts of a Set +Article (612 ) +1. A bill of exchange may be drawn in a set of identical copies. If a bill of exchange is drawn +of multiple copies, each copy shall be numbered and shall state the total number of copies +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 211 issued, otherwise, each copy shall be deemed a separate bill of exchange . +2. Every holder of a bill of exchange that does not stipulate that it is drawn only in one copy +may request copies thereof at his own expense. He shall to that effect refer to his endorser +who shall be bound to assist him to refer to the previous endorser, and so on up to the +drawer. +3. Every endorser shall write his endorsement on the new copies. + +Article (613 ) +1. The payment of a bill of exchange under one of its copies shall discharge liability, even if +no stipulation therein that the payment shall nullify the effect of the other copies. +Nevertheless, the drawee shall remain liable for payment under each copy signed by him +for acceptance and failed to recover. +2. An endorser who has endorsed copies of a bill of exchange to different persons, as well as +his subsequ ent endorsers, shall assume the liability under all copies bearing their +signatures and which have not been recovered by them. + +Article (614 ) +A person who sends a copy of the bill of exchange for acceptance shall state on the other copies the name of the person who shall hold such copies in his possession, and this latter +shall surrender it to the lawful bearer of any other copy. Where he refuses to surrender it, the +bearer shall have no right of recourse, unless he makes a protest stating: +1. That the copy s ent for acceptance has not been surrendered to him despite the fact that +he requested it. +2. That the acceptance or payment was not effected under another copy. + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 212 Chapter E leven +Copies and Alterations +Section O ne +Copies +Article (615 ) +1. The holder of a bill of exchange may make copies thereof. +2. The copies shall be fully identical to the original bill of exchange and to any endorsements +or any other particulars contained therein. The copy shall indicate the limit where the +duplication from the original ends. +3. The copy may be endorsed and guaranteed by an aval in the same manner and with the same effects of the endorsement or aval of the original. + +Article (616 ) +1. The name of the holder of the original bill shall be written in the copy of the bill of +exchange, and such holder shall hand over the original to the lawful holder of the copy. +2. If the holder of the original refuses to hand it over, the holder of the copy may not exercise his right of recourse against the endorsers or those who guaranteed it by aval, until he has +had a protest drawn up specifying that the original had not been handed over to him on +his demand. +3. Where after the last endorsement and before making the copy a phrase is written on the +original instrument purporting that any subsequent endorsement of the bill of exchange +shall be made only on the copy, any subsequent endorsement on the original shall be deemed null and void. + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 213 Section T wo +Alterations +Article (617 ) +Where a misrepresentation is made in the text of the bill of exchange, the subsequent +signatories shall be liable according to the misrepresented text; however, the previous +signatories shall be liable only according to the original text. +In case of alteration of the text of a bill of exchange or promissory note, signatories +subsequent to the alteration are bound by the altered text, while the signatories prior to the +alteration are bound only by the original text. + +Article (618 ) +Limitation of Actions +In the event of denial or lack of a lawful excuse, the following actions shall be barred: +1. An action arising from the bill of exchange instituted against the acceptor after (3) three +years from the date of maturity. +2. Actions instituted by the holder against the endorsers or the drawer after the lapse of one year from the date of the protest made within the prescribed time limit or from the date of +maturity if the bill contains a stipulation for recourse without costs. +3. Actions instituted by endorsers against each other or against the drawer after the lapse of +(6) six months from the day on which the endorser has paid the bill of exchange or from +the day on which the action was instituted against him. + +Article (619 ) +Where an action is instituted, the limitation period provided for in article (618) above shall be +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 214 applicable only from the date of the last procedure conducted in respect thereof. + +Article (620 ) +The limitation period stipulated in article (618) shall not be applicable if a judgment +establishing debt is rendered or if the debtor acknowledges the debt under a separate deed, +which entails renewal of the debt. + +Article (621 ) +The interruption of the limitation period shall only be effective vis -à-vis the person against the +person in respect of whom the procedure interrupting the period was taken. + +Part T wo +Promissory Note +Article (622 ) +A pr omissory note shall contain the following particulars: +1. A stipulation of promise or the expression of (promissory or order note) written in the +body of the instrument in the same language thereof. +2. An unconditional undertaking to pay a specific sum of money written in numbers and +letters. +3. Date of maturity. +4. Place of payment. +5. Name of the payee or the beneficiary. +6. Date and place of making the promissory note. +7. Signature of the person making the promissory note (maker). + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 215 Article (623 ) +A note which does not contain any of the particulars stated in article (622) above shall not be +considered a promissory note, except in the following cases: +1. Where the date of maturity is not stated, the promissory note shall be deemed payable at +sight. +2. Where the place of paymen t or the maker's domicile is not stated, the place of issuing the +note shall be considered the place of payment and the domicile of the maker. +3. Where the place of making the note is not stated, it shall be deemed to have been made at +the place indicated nex t to the maker's name or at the place where he effectively signed +the note. + +Article (624 ) +1. A promissory note maker shall be liable in the same manner as the acceptor of a bill of exchange. +2. A promissory note which falls due at a fixed period after sight shall be presented to the maker, within the time limit stipulated in article (564) above, in order to be annotated as it has been sighted, and such annotation shall be dated and signed by the maker. +3. The term of sight shall begin only from the date of such annotation. +4. Where the maker refrains from affixing such annotation, his refusal shall be established +by virtue of a protest of non -acceptance and the date of such protest shall be the effective +term of the sight. + +Article (625 ) +1. The provisions on the bill of exchange, pertaining to capacity, multiple counterparts and copies, endorsement, maturity, payment, recourse for non- payment, cases where a time +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 216 limit for payment may not be granted, precautionary attachment, protest, calculat ion of +time -limits and business days, recourse by drawing up a recourse bill of exchange, +payment for honor and the limitation period, shall apply to promissory notes, in such a +manner as they do not contradict the nature thereof. +2. Furthermore, the rules re lated to the bill of exchange payable at the domicile of a third +party or at a place other than that where the drawee's domicile lies, stipulation of interest, +discrepancies in the particulars pertaining to the payable sum, the effects of signatures by +persons having no capacity to assume the liability, forged signatures, signatures of +fictitious persons, signatures which are not binding or those affixed by persons having no authority or acting ultra vires, shall also apply to promissory notes. +The provisio ns pertaining to the aval shall apply to promissory notes, provided that if the +name of the giver of aval is not mentioned in the wording of the aval, the aval shall be deemed +to have made in favor of the maker of the promissory note. + +Part Three +Cheques +Article (626 ) +Subject to the provisions of this Part, the provisions of Bills of Exchange shall apply to Cheques +to the extent that provisions do not conflict with the nature of Cheques. + + + + + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 217 Chapter O ne +Issuance of Cheques +Article (627 ) +A Cheque includes the following information: +1. The word 'Cheque' written on the body of the instrument in the language in which the text +is written +2. An unconditional order to fulfill a certain sum of money +3. The name of the person who is under obligation to pay (the Drawee) +4. The name of the person to whom or to whose order payment should be made +5. The place of payment +6. The date and place of the issuance of the Cheque +7. The signature of the person who issued the Cheque (the Drawer). + +Article (628 ) +An instrument that does not contain any of the particulars mentioned in article (627) of this +Law is not deemed a Cheque except in the following cases: +1. If the Cheque does not contain the place of payment, the place indicated next to the name of the Drawee shall be deemed as the place of payment. If several places are mentioned +next to the name of the Drawee, the Cheque shall be deemed payable in the first place indicated therein. If the Cheque does not contain such data, it shall be deemed payable at +the place of the Drawee's head off ice. +2. If the Cheque does not contain an indication of the place of issuance, it shall be deemed +issued in the place indicated next to the Drawer's signature. If there is none, it shall be +deemed issued in the place where it was actually signed. + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 218 Article (629 ) +1. Cheques issued in the State and payable therein must be drawn on a bank. +2. Every bank that delivers to its customer a book that includes blank Cheques payable from +its treasury, must write on each Cheque the name of the account holder who received it and +their account number. +3. Withdrawals may be made through special written requests in the manner set forth by the +bank and acceptable to it in terms of form. +4. The signature on the Cheques and on the special written requests shall be identical to t he +model signatures and approved signatures registered with the bank, and the account holder shall be responsible to the bank whether this account is credit or debit. + +Article (630 ) +1. A Cheque may not be issued unless the Drawer has money with the Drawee at the time of +issuance of the Cheque that they can dispose of by virtue of a Cheque in accordance with an +express or implied agreement. +2. The person who draws the Cheque or orders someone else to draw it for their account must +pay funds for payment. How ever, the Drawer for the account of others shall be personally +responsible only before the Endorsers and the Bearer for securing funds for payment. +3. The Drawer alone must prove upon denial that the person on whom the Cheque was drawn +had the funds for payment at the time of its issuance. If this is not proven, the Drawer shall be +a guarantor of the payment of the Cheque, even if the protest against non -payment was made +after the legally prescribed deadlines. + +Article (631 ) +1. Cheques are not susceptible to acceptance. If the wording of acceptance is written on the +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 219 Cheque, it shall be deemed null and void. +2. The Drawee may make an indication on the Cheque denoting their approval, and the +approval indicates the presence of the funds for payment with the Dr awee on the date of +making such indication. The signature of the Drawee on the face of the Cheque is deemed +approval. +3. The Drawee may not refuse to endorse a Cheque if the Drawer or Bearer of the Cheque asks +them to do so and they have sufficient funds for payment to pay the value of the Cheque in +whole or in part. +4. The funds for payment of the approved Cheque in its entirety or the remainder thereof after partial payment shall remain frozen with the Drawee and under their responsibility for the +benefi t of the Bearer until the end of the Cheque submission deadlines for payment. + +Article (632 ) +It is permissible to stipulate the fulfillment of the Cheque: +1. To a named person with or without expressly stating the condition of the order. +2. To a named person with mentioning the phrase (Not To Order) or any other phrase that +conveys this meaning. +3. To the Bearer of the Cheque. + +Article (633 ) +A Cheque drawn in favor of a named person bearing the expression ('Or to Bearer') or any other expressio n denoting this meaning is deemed a Bearer Cheque, and if the name of the +beneficiary is not indicated, the Cheque is deemed to be 'To Bearer'. + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 220 Article (634 ) +A Cheque payable in the State that includes a condition (Non -Negotiable) is payable only to +the person who receives it accompanied by this condition. + +Article (635 ) +1. A Cheque may be drawn to the order of its own Drawer. +2. It may be drawn to the account of another person. +3. It may not be drawn against its Drawer themselves except in the case of drawings between +the branches of the same bank to each other or between them and the head office of the +bank, provided that the drawn Cheque is not payable to its Bearer. + +Article (636 ) +Stipulating interest in the Cheque is deemed null and void. + +Article (637 ) +The Drawer guarantees the fulfillment of the Cheque, and every condition according to which +the Drawer exempts themselves from this guarantee is deemed null and void. + +Article (638 ) +A debt is not renewed upon the creditor's acceptance of receiving a Cheque in payment of +their debt. The original debt remains valid with all its guarantees until the value of the Cheque is paid. + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 221 Chapter T wo +Cheque Negotiation +Article (639 ) +1. A Cheque that is conditional on being paid to a named person, whether or not the condition +of the order is expressly stated in it, is negotiable by means of endorsement, and it may be +endorsed even to the Drawer or any other obligor. They may endorse the Cheque again. +2. A Cheque that is conditional on being paid to a named person on which the phrase ""Not To +Order"" or any other phrase with this meaning is written may not be negotiated except by +following the provisions of the transfer of right. +3. A Cheque made payable to Bearer shall be negotiated by hand. + +Article (640 ) +1. The Endor ser does not guarantee the payment of the Cheque unless otherwise stipulated. +2. The Endorser may prohibit its re -endorsement, and in this case the Endorser shall not be +required to guarantee towards those to whom the Cheque devolves by a subsequent +endorsement. + +Article (641 ) +An endorsement to the Drawee shall be deemed as a discharge, unless the Drawee bank has several branches and the endorsement has occurred to a branch other than the one on which +the Cheque was drawn. + +Article (642 ) +An endorsement written on a Bearer Cheque makes the Endorser responsible in accordance +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 222 with the provisions of recourse. However, this endorsement does not result in the instrument +becoming a Cheque to Order. + +Article (643 ) +1. The holder of a negotiable Ch eque by endorsement is deemed to be its legal Bearer when +they prove that they are the owner of the right to it by uninterrupted endorsements, even if the last one is a blank endorsement. +2. Crossed -out endorsements are deemed null and void, and if the blank endorsement is +followed by another endorsement, the signatory of such endorsement is deemed to be the +one to whom the right to the Cheque has devolved by the blank endorsement. + +Article (644 ) +If a person loses possession of a Cheque, whether the Cheque is 'To Bearer' or endorsable, the +person to whom the Cheque has devolved is not required to abandon it once they prove their +right in the manner set forth in article (643) of this Law, unless they have obtained it in bad +faith or committed a serious mista ke in order to obtain it. + +Article (645 ) +1. An endorsement subsequent to the protest or made after the expiry of the time limit for +presenting the Cheque has no effect other than the effects of the transfer of the right. +2. The dateless endorsement shall be deemed to have taken place prior to making the protest, or to have taken place before the expiry of the time limit for presenting the Cheque, unless +otherwise proven. +3. Endorsements may not be predated. Predating endorsements is deemed an act of forger y. + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 223 Article (646 ) +1. Payment of the Cheque value or part thereof may be guaranteed by a backup guarantor. +2. This guarantee shall be from a third party, except for the Drawee, and it may also be from +one of the signatories of the Cheque. + +Article (647 ) +1. Endorsements issued by the Drawee and partial endorsements are null and void. +2. An endorsement to Bearer is deemed a blank endorsement. + +Chapter T hree +Payment of Cheques +Article (648 ) +1. The Cheque shall be due for payment on the day indicated as the date of its issuance, and +the Cheque may not be presented for payment before such date. +2. If the funds for payment is less than the value of the Cheque, the Drawee shall pay it partially up to the sum available to them, unless the Bearer refuses the same. In the event +of partial payment, the Drawee shall make an annotation, every time a partial payment is +made, on the back of the Cheque indicating the same, and shall hand over to the Bearer +the original Cheque and a certificate of such payment. The Bearer's r ight to claim the +remainder is established by the original cheque marked in accordance with article (667) of this Law, or by filing a protest after the expiration of the deadlines stipulated in article (663) of this Law. +3. The Drawee shall notify the Central Bank of the account holder's data, in accordance with +the rules and regulations issued by the Central Bank in this regard, in any of the following +cases: +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 224 +a. If the Cheque does not have an adequate amount of funds for payment that is current and subject to w ithdrawal on its maturity date. +b. If the Drawer, after issuing the Cheque, recovers all funds for payment so that the Cheque +cannot be cashed. +c. If the Drawee partially pays the Cheque in accordance with Clause (2) of this Article. + +Article (649 ) +1. A Cheque drawn inside or outside the State and payable in the State must be presented +for payment within (6) six months. +2. The deadline mentioned in Clause (1) of this Article starts from the date indicated on the +Cheque as the date of its issuance. +3. Presentation of a Cheque to a bank or withholding its sum by telephone or by any means +prescribed by law, including modern technology, by this bank to the Drawee bank, as well +as presenting a Cheque to one of the legally recognized clearing houses, is deemed as +presenting such Cheque for payment. + +Article (650 ) +If the Cheque is drawn between two countries of different calendars, the date of its issuance +shall be the corresponding day in the calendar of the country of payment. + +Article (651 ) +1. The Drawee may pay the value of the Cheque even after the expiry of the deadline for its +presentation. +2. Objection regarding paying a Cheque is not accepted except in the event of its loss or the +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 225 bankruptcy of its Bearer. +3. The bank shall be required to cash the Cheque despite the Drawer's objection in cases other +than those stipulated in Clause (2) of this Article, and the court may not order the suspension +of the payment of the Cheque even in the event of a claim for the origin of the right. + +Article (652 ) +If the Drawer dies, bec omes incapacitated, or becomes bankrupt after giving the Cheque, this +shall not affect the provisions arising therefrom. + +Article (653 ) +1. If several Cheques are presented at the same time and the funds for payment are not +sufficient to pay them all, the order of their drawing dates shall be observed. +2. If the presented Cheques are separated from one Cheque Book and bear the same date, the Cheque with the earliest number is deemed drawn before other Cheques, unless otherwise +proven. + +Article (654 ) +1. If it is stipulated that the Cheque be paid in a country with a currency that is not circulated +in it, then its sum shall be paid on the date of its presentation in the currency in circulation in +the United Arab Emirates according to its price on the day of p ayment. If payment is not made +on the day of Cheque's presentation, the Bearer has the option between claiming the sum of the Cheque denominated in the currency circulating in the State according to its price on the +day of presentation or the day of paymen t. +2. If the Cheque is presented for the first time after the expiry of the deadline for its +presentation, the price of the day on which the deadline for presentation has expired shall +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 226 prevail. +3. The rate prevailing in the market shall be followed in the evaluation of foreign exchange. +However, the Drawer may specify in the Cheque the price on the basis of which the sum to +be paid is calculated. +4. If the sum of the Cheque is specified in a currency bearing a common denomination, and its value in the count ry of issuance differs from its value in the country of payment, it shall be +assumed that what is meant is the currency of the country of payment. + +Article (655 ) +The obligation of the guarantor to be presented in the event of the loss of the Cheque shall +expire with the lapse of (6) six months if no claim or action is made during such period. + +Article (656 ) +1. If the Bearer Cheque is lost or destroyed, its owner may object to the Drawee to pay its value. The objection must include the number of the Cheque , its sum, the name of its Drawer, +and every other particular that helps in identifying it, and the circumstances surrounding its +loss or destruction. If it is not possible to provide some of such data, the reasons for the same +must be mentioned. If the ob jector does not have a place of residence in the State, they must +designate an elected domicile there. +2. As soon as the Drawee receives the objection, they must refrain from paying the value of +the Cheque to its holder and shall set aside the funds for payment of the Cheque until the +matter is decided. +3. The Drawee, at the expense of the objector, shall publish the number of the lost or destroyed Cheque, its sum, the name of the Drawer, the name of the objector, and their +address in one of the daily newsp apers issued in the State in Arabic. Any disposition of the +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 227 Cheque after the date of publication shall be null and void. + +Article (657 ) +1. The holder of the Cheque referred to in article (656) of this Law may not dispute with the +Drawee regarding the objection. The Drawee must receive the Cheque from them against a +receipt, then notify the objector of the name and address of the holder of the Cheque. +2. The objector shall file an action claiming for the Cheque within (30) thirty days from the date of r eceiving the notice. +3. If the objector does not file such action within the period mentioned in Clause (2) of this +Article, the holder of the Cheque must obtain a judgment from the summary matters judge to +the effect of not considering the objection, and in this case the holder of the Cheque, with +respect to the Drawee, is deemed its owner. +4. If the objector files an action claiming for the Cheque, the Drawee may not pay its value except to one of the two litigants who presents to them a final judgment pr oving such litigant's +ownership of the Cheque, or through an amicable settlement approved by both parties +acknowledging such litigant's ownership of the Cheque. + +Article (658 ) +1. If (6) six months have elapsed from the date of the objection stipulated in article (656) of +this Law without the holder of the Cheque submitting a claim for payment, the objector may, +within the following month, file an action before the competent court against the Drawee, +requesting handing down a judgment that proves their owne rship of the Cheque and +authorizes them to receive its value. +2. If the objector does not file the action referred to in Clause (1) of this Article, or if a judgment +is issued rejecting it, the Drawee must re -enter the funds for payment in the assets section of +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 228 the Drawer's account. + +Chapter F our +Crossed Cheques and Cheques Credited to an Account +Article (659 ) +1. The Drawer or Bearer of the Cheque may cross it, and this crossing shall have the effects set +forth in article (660) of this Law. +2. Crossing is done by placing two parallel lines in the beginning of the Cheque. +3. Crossing can be general or specific. +4. If there is no writing between the two lines, or if the word (Bank) or any other expression in +this sense is written between them, the crossing is deemed general. On the other hand, if a +specific bank's name is written between the two lines, the crossing is deemed specific. +5. The general crossing may be converted into a specific crossing, but the specific crossing may +not be converted to a general crossing. +6. If the crossing or the name of the bank inserted between the two lines is stricken out, the +crossing shall be deemed null and void. + +Article (660 ) +1. The Drawee may not pay a Cheque which bears a general crossing except to one of their client s or to a bank. +2. The Drawee may not pay a Cheque which bears a specific crossing except to the bank +whose name is written between the two lines or to the client of this bank if the latter is the +Drawee. However, the said bank may entrust another bank to collect the value of the Cheque. +3. A bank may not obtain a crossed Cheque except from one of its clients or from another bank, nor may it receive its value for the account of other than these persons. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 229 4. If the Drawee does not observe the previous provisions, they shall be responsible for +compensating the damage in a sum not exceeding the sum of the Cheque. +5. The term ""client"" in the provision of this Article means every person who has an account +with the Drawee and has obtained from them a Cheque Book or was entitled to obtain such +book. + +Article (661 ) +1. The Drawer or Bearer of the Cheque may stipulate that it is not to be paid in cash by writing +the phrase (To be Credited to the Account) or any other phrase denoting this meaning. In this case, t he Drawee may only settle the value of the Cheque by making entries in their books, in +lieu of payment. +2. Striking off the statement ""To be Credited to the Account"" shall not be legally valid. +3. If the Drawee does not comply with the aforementioned provisions, they shall be liable to compensate the damage in a sum not exceeding the value of the Cheque. + +Article (662 ) +Subject to the provisions of Articles (659), (660) and (661) of this Law, the Cheque shall +remain negotiable and have all the other charact eristics of a Cheque. + +Chapter F ive +Refusal of Payment +Article (663 ) +1. The Bearer of the Cheque may have recourse against the Drawer, the Endorsers and others +obligated by it if the Bearer presented it within the legal time limit and its value was not paid +and the proves the refusal to pay by making a protest. Alternatively, refusal to pay may be +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 230 proven by a statement issued by the Drawee mentioning the day the Cheque was presented, +and the statement must be dated and written on the same Cheque. +2. It is not permissible to refuse to place the statement mentioned in Clause ( 1) of this Article +on the Cheque if the same is requested by the Bearer, even if the Cheque includes a condition +of recourse without expenses. The person who is required to place it may request a grace +period not exceeding (3) three working days following the presentation of the Cheque, even +if it was presented on the last day of the prescribed time limit. + +Article (664 ) +Refusal to pay must be established in the manner stipulated in Clause (1) of article (663) of +this Law before the deadline for submission expires. If the submission takes place on the last +day of such deadline, refusal to pay may be proven on the next working day. + +Article (665 ) +The Bearer of the Cheque reserves the right to have recourse against the Drawer even if they +did not present the Cheque to the Drawee or did not make a protest or did not take an action +to the same effect within the legal time limit, unless the Drawer provided funds for payment +and such funds for payment remained with the Drawee until the expiry of the time limit fo r +presenting the Cheque, then such funds for payment disappeared due to an act not attributed +to the Drawer. + +Article (666 ) +1. If a force majeure prevented the presentation of the Cheque or the making of the protest or +taking an action to the same effect within the prescribed deadlines, such deadlines shall be +extended. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 231 2. The Bearer of the Cheque shall, without delay, notify the person to whom the Cheque has +been endorsed of the force majeure and record this notification, dated and signed by them in the Cheque or the paper attached thereto. The notices shall be sequenced until they reach the +Drawer in accordance with article (591) of this Law. +3. After the force majeure ceases, the Bearer of the Cheque shall present the Cheque for +payment without delay, and file a protest or take an action to the same effect when necessary. +4. If the force majeure lasts for more than (15) fifteen days counted from the day on which +the Bearer notified the person to whom the Cheque was endorsed of the force majeure, even +if such day is before the date on which the Cheque was presented, recourse may be made to +the obligors without the need to present the Cheque or make a protest or take an action to the same effect +5. Matters related to the Cheque Bearer, or the person entrust ed by them to present the +Cheque, or to make a protest or to take an action to the same effect, shall not be deemed as force majeure. + +Article (667 ) +1. A Cheque bearing a statement by the Drawee denoting that it was not paid due to insufficient or lack of balance is deemed an executive document, and its Bearer has the right +to request its execution, in whole or in part, by compulsory means. +2. The provisions, procedures and rules contained in the Civil Procedures Law shall apply in matters related to the application for execution and the disputes related thereto. + + + + +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 232 Chapter S ix +Alternations and Copies +Article (668 ) +1. The Drawee alone bears the damage resulting from honoring a Cheque in which the +owner's signature was forged or the data contained in its body were altered, unless it is proven +that a gross error occurred on the part of the Drawer whose name is indicated in the Cheque, +which led to the occurrence of forgery or alteration of the data. Any condition to the contrary of the same is deemed null and void. +2. The Drawer is deemed at fault in particular if they fail to exercise due diligence in preserving the Cheque Book delivered to them. + +Article (669 ) +1. With the exception of Bearer Cheques, a Cheque may be drawn from multiple identical copies if it is drawn in the United Arab Emirates and payable in a foreign country, or vice versa. +2. If several copies of a Cheque are issued, each copy must be numbered, otherwise each copy +shall be deemed a separate Cheque. + +Article (670 ) +In the case of denial and lack of a lawful excuse, the following actions shall be barred: +1. Actions of recourse by the Cheque Bearer against the Drawer, the Endorsers and others +who are required to pay its value after the lapse of two years from the expiry of the deadline for its presentation. +2. Actions of recourse by the obligors against one another after the lapse of one year from the day on which the obligor paid the value of the Cheque or from the day on which a +judicial claim for payment was made. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 233 3. Actions filed by the Bearer ag ainst the Drawee after the lapse of (3) three years from the +expiry of the period for presenting the Cheque. +4. The deadlines referred to in this Article do not apply to the actions against the Drawer who +did not provide funds for payment or submitted them an d then withdrew them in whole +or in part, and the actions against all obligors who obtained an illegal gain. + +Article (671 ) +1. Even if the limitation of action period expires, the defendants shall confirm by taking oath +that they are debt -free if they are as ked to take it. +2. Their heirs or other successors must take an oath that they had no knowledge that their +legator was indebted at the time of his demise. + +Article (672 ) +1. If an action is filed, the limitation period stipulated in article (670) of this Law shall only +apply from the day on which the last procedure thereof was taken. +2. The limitation period shall not apply if a judgment is issued establishing the debt or the +debtor acknowledges it in an independent instrument in a manner that results in the +rene wal of the debt. +3. The interruption of the limitation of action period shall only be effective vis -à-vis the +person in respect of whom the procedure that interrupted the period was taken. + +Chapter S even +Penalties +Article (673 ) +1. Any person who commits one of the following acts shall be punished with a fine of not +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 234 less than (10%) of the value of the Cheque in question and a minimum sum of (5000) five +thousand dirhams, but not exceeding double the value of the said Cheque: +1. Knowingly declaring, contrary to the truth, that there are no funds for payment for +honoring a Cheque, or that there are funds for payment for honoring a Cheque but they +are less than its value. +2. Refusing, in bad faith, to pay a Cheque drawn on the bank, while it has funds for payment +for pay ing the Bearer for which no valid objection was submitted. +3. Refraining from inscribing the statement referred to in article (663) of this Law. +4. Refusing to partially pay the Cheque, or refusing to issue a certificate to that effect, or +refusing to deliver th e original Cheque in accordance with the provisions stipulated in +Clause (2) of article (648) of this Law. + +Article (674 ) +1. Shall be punished with a fine of no less than (10%) of the value of the Cheque in question and a minimum sum of (1000) one thousand dirhams, but not exceeding double the value +of the said Cheque, any person who endorses or delivers a Bearer Cheque to another person, knowing that the existing funds for payment are not adequate to honor its value, +or knowing that the Cheque is non -cashab le. +2. Penalties are doubled in case of recidivism. + +Article (675 ) +1. Shall be punished by imprisonment for a period of no less than (6) six months, but not exceeding (2) two years, and/or a fine of no less than (10%) of the value of the Cheque in +question with a minimum sum of (5000) five thousand dirhams, but not exceeding double +the value of the said Cheque, any person who commits one of the following acts: +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 235 +a. Orders or requests from the Drawee, prior to the date of withdrawal, not to cash a +Cheque issued by th em in cases other than those stipulated in Articles (651) and (656) +of this Law. +b. Closes the account, withdraws all the balance in it, or knows that it was closed before +issuing the Cheque or before presenting it to the Drawee to draw it, or deliberately +causes the account to be frozen. +c. Intentionally writes or signs a Cheque in a way that prevents it from being cashed. +2. Penalties are doubled in case of recidivism. + +Article (676 ) +Shall be punished by imprisonment for a period of no less than one year and a fine of no less +than (20,000) twenty thousand dirhams, but not exceeding (100,000) one hundred thousand +dirhams any person who commits one of the following acts: +1. Forges or fabricates a Cheque, or attributes it to a third party by making a change in its data by way of addition or deletion, or by other methods stipulated in article (251) of the +aforementioned Law of Crimes and Penalties, or any other Article that replaces it, with the +intention of causing harm to others and for the purpose of using it for the p urposes for +which it was forged. +2. Knowingly uses a forged or fabricated Cheque. +3. Accepts sums paid through a Cheque that they know that it is forged or fabricated. +4. Uses a valid Cheque in the name of another person, or uses it unlawfully, or uses it in +connec tion with a fraud. +5. Knowingly imports, manufactures, possesses, acquires, sells, offers or presents equipment, tools, technological programs, information or data used in committing the +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 236 crime of forgery stipulated in this Article. + +Article (677 ) +Without prejudice to any harsher penalty stipulated in any other law, life imprisonment and +a fine of no less than (500,000) five hundred thousand dirhams, but not exceeding +(1,000,000) one million dirhams shall be imposed on the offender if they commit any of the +crimes stipulated in article (676) of this Law in implementation of a terrorist purpose. + +Article (678 ) +1. If the court hands down a convicting judgment in one of the crimes stipulated in Articles (674) through (676) of this Law, it may order the publicatio n of a summary of such +judgment at the expense of the convict in two widely circulated daily newspapers published in the State, one in Arabic and the other in English, or in two electronic means +of publication to be specified by a decision of the Minister of Justice, one of which shall be +in Arabic and the other in English, provided that the publication shall in all cases include +the name of the convict, their place of residence, their profession and the sentence imposed on them. +2. Such publication shall be o bligatory in the event of recidivism, and in the event of a +conviction for the crimes stipulated in article (676) of this Law. + +Article (679 ) +1. If the court passes a judgment of conviction in one of the crimes stipulated in Articles (674) and (675) of this Law, it may order the withdrawal of the Cheque Book from the convict and prevent them from receiving new Cheque Books for a period not exceeding (5) five +years. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 237 2. The convict shall be punished with a fine of not less than (50,000) fifty thousand dirhams, +but not exceeding (100,000) one hundred thousand dirhams if they fail to deliver their +Cheque Books that are in their possession to the concerned banks within (15) fifteen days +from the date of their notification. +3. In the event that any bank violates the provisions stipulated in Clauses (1) and (2) of this +Article, it shall be punished with a fine of no less than (100,000) one hundred thousand +dirhams, but not exceeding (200,000) two hundred thousand dirhams. + +Article (680 ) +1. If the court hands down a convicting judgment in one of the crimes stipulated in Article +(676) of this Law, it must order the confiscation of the seized items that were obtained +from the crime or that were used in committing it, all without prejudice to the rights of +bona fide third parties. +2. In all cases, a judgment must be passed for confiscation if the seized items are of the kind +whose manufacturing, possession, acquisition, sale or offering for sale is deemed a crime +in itself, even if they are not owned by the accused person. +3. If it is not possible to seize any of the items stipulated in this Article, or it is not possible to order their confiscation due to their connection to the rights of bona fide third parties, the court shall rule a fine equivalent to the value thereof at the time t he crime was committed. + +Article (681 ) +1. If the court hands down a convicting judgment in one of the crimes stipulated in Articles (673) to (677) of this Law, it may order that the convict be prohibited from practicing a +commercial or professional activity for a period not exceeding (3) three years, if the crime +was committed because of or on the occasion of the exercise of such activity. +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 238 2. Any person who commits the same crime again after the issuance of the prohibition order +stipulated in the Clause (1) o f this Article, shall be punished by imprisonment for a period of +no less than one year and/or a fine of no less than (50,000) fifty thousand dirhams, but not +exceeding (100,000) one hundred thousand dirhams. + +Article (682 ) +If a criminal action is institu ted against the Drawer for one of the Cheque crimes provided for +in this Law, this shall not prejudice the fact the Cheque can be compulsorily executed or taking +judicial measures in accordance with the provisions, procedures and rules referred to in +Artic le (667) of this Law, or the right of the beneficiary or the Cheque holder to request +compensation in accordance with the procedures stipulated by law. + +Article (683 ) +1. In the cases in which one of the crimes stipulated in this Chapter is committed, in the name +and account of a legal person, the person responsible for the actual management thereof +shall not be punished unless it is established that such person had knowledge of the crime, or committed it to achieve an interest for themselves or others. +2. In the event that a natural person's responsibility is not established as specified in Clause +(1) of this Article, the legal person shall be punished with a fine that is not less than double +the fine prescribed by law for the crime, but not exceeding (5) five times such fine. It is +permissible to order the suspension of the legal person's license to practice its activity for +a period not exceeding (6) six months, and in the event of recidivism, the license shall be +revoked or the legal person shall be dissolved, as the case may be. The judgment shall be +published at the expense of the legal person in two widely circulated daily newspapers +published in the State, one in Arabic and the other in English, or in two electronic means +Federal Decree by Law No. (50) of 2022, Promulgating the Commercial Transactions Law 239 of publishing to be specified by a d ecision issued by the Minister of Justice, one in Arabic +and the other in English. +3. The penalties stipulated in Clause (2) of this Article do not preclude the imposing any +subsidiary penalties stipulated by law. +4. The provisions stipulated in Clause (2) of this Article do not apply to licensed financial institutions subject to the aforementioned Federal Decree -Law No. (14) of 2018 or any +other law that replaces it. + +Article (684 ) +The criminal case for the crimes stipulated in Articles (674) and (675) of this Law shall be +extinguished if the full or the remainder of the value of the Cheque is paid before commencing +the compulsory execution procedures stipulated in article (567) of this Law, or if they are +reconciled or paid in full or the remainder of its value is paid before it is decided on by a final +judgment. If reconciliation takes place after the judgment becomes final, the execution of the +penalty shall be suspended. + + + + " +economy and business,Cabinet Resolution No. (66) of 2023 Concerning the Executive Regulations of Federal Law No. (15) of 2020 Concerning Consumer Protection,"Article (1) +Definitions +The definitions set forth in Federal Law No. (15) of 2020 shall be applied to this resolution. +Otherwise, the following terms and expressions shall be accorded their designated meanings, unless +the context requires otherwise: +Concerned +Authority : The Min istry or the competent authority, as case may be . +Law : Federal Law No. (15) of 2020 Concerning Consumer Protection . + +Article (2) +Coordination with the Relevant Authorities +1. The Ministry shall coordinate with the relevant authorities to ensure the protection of consumer +rights, as follows: +a. Develop plans and programmes to protect consumer rights; +b. Study any proposals related to the protection of consumer rights; and +c. Spread community awareness regarding the protection of consumer rights. Cabinet Resolution No. (66) of 2023, Concerning the Executive Regulations of Federal Law No. (15) of 2020 Concerning +Consumer Protection 2 + 2. Coordination shall take place between the Ministry and the relevant authorities based on the +mechanism that shall be determined by agreement between them. + +Article (3) +Labelling +The provider shall clearly and legibly display the essential information specified by laws, regulations, +technical standards, and approved specifications regarding the packaging or presentation of the +product. Such data shall be according to the nature of the product and it shall include, but is not +limited to, the following details: +1. The name, type, nature, components and quantity of the good, whether in relation to weight, +measu rement, number, measure, capacity, standard, or any other criteria affecting the value thereof; +2. The country of origin (the name of the country preceded by the phrase: “Made in”); +3. The country of export (if any); +4. The name of the producer or impor ter, accompanied by the commercial address or trademark; +5. Production date and shelf life; +6. Conditions of trade, storage and method of use; +7. Warning of the dangers that may result from the wrong use of the good, which shall be in a clear +and easy -to-read font; and +8. Determination of the categories and ages of consumers who may be exposed to risks when using +the product, especially children, disabled, and the elderly. + +Article (4) +Instruction on the Use and Installation of the Good +1. Provider shall attach the data on how to use and install the good therewith, according to the nature +of the good and the extent to which it includes parts that can be disassembled and installed. +2. The data set forth in Clause (1) of this Article shall clearly include the method of installation or use +on the packaging or the outer cover of the good, in a way that allows it to be done by the consumer +himself or when it is necessary to seek the assistance of a technician to install the good. +3. It is required to clearly and explicitly state the contents of the box containing the goods, as well as +identifying any complementary item that shall be purchased in order to avail of the basic good. Cabinet Resolution No. (66) of 2023, Concerning the Executive Regulations of Federal Law No. (15) of 2020 Concerning +Consumer Protection 3 + +Article (5) +Announcing the Prices of Goods and Services +The provider shall abide by the following: +1. Announce the prices of goods and services in a clear and legible manner, provided that the +announcement shall be made in one of the following ways: +a. Writing down the price on the good in a clear manner, acc ording to its nature; +b. Placing the price information on a card where the good is displayed in; or +c. Display the price information at the location where the service is being offered, in a clear and +readable manner. +2. Clearly and explicitly indicating if the provider accepts discount cards from consumers as well as +the value of the discount so that it is clearly and legibly announced to the consumer. +3. Not to add any additional amounts to the value of the goods in the event of using credit cards to +purchase goods and services. + +Article (6) +Provider Obligations Upon Contracting +1. The provider shall submit to the consumer an invoice proving conducting a transaction or +contracting with him for the good or service, without placing any additional burden thereon, +provided that it shall include the following data: +a. Name, address and contact information of the provider; +b. Invoice date; +c. Description of the item or service; +d. Sale unit and the quantity of good or the number of sold units; +e. Conditi on of the good, if used; +f. The price of the good or service in local currency; +g. Warranty period, if any; +h. Date of the good delivery or service provision; +i. Serial number of goods and the parts contained therein, according to the nature of each go od; +j. Commercial registration or registration number; and Cabinet Resolution No. (66) of 2023, Concerning the Executive Regulations of Federal Law No. (15) of 2020 Concerning +Consumer Protection 4 + k. Tax number (if any). +2. Provider shall be obligated to give the consumer a warranty -related document, either separately +from the invoice or through the invoice, as case may be. +3. It shall be incumbent upon the provider to furnish the consumer with a payment plan if the +produ ct or service rendered to the consumer is to be delivered in stages, and such payments shall be +linked to the completion of each stage. + +Article (7) +Used or Refurbished Goods +A provider who offers to trade used or refurbished good or that contain a defect that does not result +in any harm to the health and safety of the consumer, shall clearly announce the condition of the +good thereon, as well as in the place where the provider carries out its activity, in a manner that shall +not lead to creating an untrue or misleading impression on the consumer; besides, the provider shall +prove the condition of the good in the concluded contract or the issued invoice thereby. + +Article (8) +Misleading Advertisement for a Good or Service +A description, advertisement, or of fer of a good or service, as case may be, shall be considered +deceptive if it includes a misleading statement that may lead, directly or indirectly, to creating an +unreal or misleading impression on the consumer, and in particular if it deals with one or m ore of +the following elements: +1. The nature of the good, composition, essential characteristics, the elements that make up the +good, quantity, shape or appearance thereof; +2. The characteristics of the good, including its origin, nature, method of produ ction, production +date, expiration date, conditions of use, usage precautions, weight, size, quantity, measurement, +agent, capacity, standard, or any other relevant criteria that shall be specified; +3. The country of origin, the country of export, or the entity producing the good; +4. Contract terms and procedures, including after -sales service, warranty, price, and type of payment; +5. Prizes, certificates or quality marks; +6. Trademarks, data, or logos; or Cabinet Resolution No. (66) of 2023, Concerning the Executive Regulations of Federal Law No. (15) of 2020 Concerning +Consumer Protection 5 + 7. The characteristics of the good or service and the expected results from use thereof. + +Article (9) +Handling Contingencies +1. In the event of a crisis or unusual circumstances leading to an abnormal increase in prices, +temporary measures may be taken upon a resolution of the Minister to limi t such increase and +protect the rights of consumers, including: +a. Determine the prices of the good or service in which the increase occurred; +b. Prohibit the exportation of the good; +c. Determine sales quotas; +d. Encourage manufacturing or importing from alternative sources; +e. Assign specific parties to import; and +f. Any other procedures as decided by the Minister. +2. In determining what is considered an abnormal increase in prices, the following bases shal l be +taken into account: +a. The rate of inflation in the country; +b. The price of the good or service in previous periods; +c. The prices range in the country and in neighbouring countries; +d. The price of the good or service in the country and in neigh bouring countries; +e. The rate of increase percentage in the price of a good or service; +f. The foreign currency exchange value at the time of importing the good or raw materials; +g. Consumer complaints to the concerned authority; +h. Increase in freigh t, transportation and insurance rates; +i. High prices in the country of origin; +j. High energy prices; and +k. Extent of competition or monopoly according to the laws in force in the country. + + + + Cabinet Resolution No. (66) of 2023, Concerning the Executive Regulations of Federal Law No. (15) of 2020 Concerning +Consumer Protection 6 + Article (10) +Unit Pricing +The Minister may, taking into a ccount the special circumstances of dealing in some types of good +and services, oblige the provider to approve the unit price for displaying the prices of some good, +and to show it alongside the previous price of the goods, to guarantee the right of the co nsumer to +compare prices. + +Article (11) +Warranty Document +The provider shall not advertise verbally or by any means of media about the warranty of the good +without giving the consumer the document evidencing such warranty. + +Article (12) +Warranty data +The warranty for the goods and the performance of services provided to the consumer by the +provider shall be in accordance with the terms of the contract concluded between them, provided +that the warranty shall include the following items: +1. The name and data of the provider; +2. The date of purchasing the good or providing the service; +3. Warranty duration; +4. Name, model and serial number of the good; +5. Indication if the warranty includes all parts of the good and the price of repair and replacement ; +6. A statement with the consumer obligations under the terms of the warranty; +7. Clearly stating the exceptions of the warranty, if any; and +8. Any other data included in the contract. + + Cabinet Resolution No. (66) of 2023, Concerning the Executive Regulations of Federal Law No. (15) of 2020 Concerning +Consumer Protection 7 + Article (13) +Obligations of the Provider in Honouring the Warra nty +1. The provider shall comply with the warranty of the service provided to the consumer for a +reasonable period, commensurate with the nature of the service or the duration agreed upon with +the consumer, whichever is longer. If the provider fails to ful fil this obligation, the consumer shall be +entitled to select from the following options: +a. Refund the full price in the event of non -implementation of the service or failure to implement +it; +b. Refund part of the price to the extent of benefiting from the service or in return for what +compensate the lack of service; or +c. Re -performance of the service by the provider in the correct manner and in the contracted form. +2. The provider shall also be obligated to clearly warn the consumer of the possible damages as a +result of the provided service, the precautions to be taken, if any, and how to prevent them and the +means of treatment from any resulting damage, according t o the nature of each service. + +Article (14) +Provider Obligations Regarding Spare Parts +The provider shall provide the necessary spare parts for operating and repairing the goods according +to the following: +1. With regard to spare parts for which consumer s demand regularly and continuously: the provider +shall provide them without interruption, as soon as the consumer requests them, within a period +not exceeding (7) seven days from the date of the consumer request for them; +2. With regard to spare parts fo r which the demand of the consumer is not usually regular and +continuous: the provider shall provide them within a period not exceeding (14) fourteen days from +the date of the consumer request for them, except for force majeure and at the discretion of the +concerned authority; +3. With regard to goods that are supplied from other than the local commercial agent: the +commercial agent shall provide the necessary spare parts for maintenance and repair, if it was +proved that they were covered by the agency cont ract at the date of the consumer request for them, +or were subject of a previous agency. In this case, the obligation of the commercial agent to provide Cabinet Resolution No. (66) of 2023, Concerning the Executive Regulations of Federal Law No. (15) of 2020 Concerning +Consumer Protection 8 + spare parts shall be within a period not exceeding (30) thirty days from the date of the consumer +reque st for them, taking into account force majeure and emergency circumstances, if proven; and +4. With regard to spare parts that the factory has ceased to manufacture, the provider shall clarify +this matter to the consumer by agreeing with him to provide alt ernative spare parts or find other +solutions. + +Article (15) +Determining the Level of Consumer Demand for Spare Parts +Subject to the provisions of Article (14) of this Resolution, the concerned authority shall determine +the level of consumer demand for spare parts, based on one of the following criteria: +1. The importance of the spare part and the need to periodically ch ange it; and +2. The sales record for the spare parts and the consumer demand for it during the previous quarter +or the similar quarter of the previous year. + +Article (16) +Mechanism for Providing Spare Parts and Providing Maintenance Service +The provider shall establish a written mechanism for providing spare parts, providing maintenance +service, and providing the warranty in accordance with the conditions set by the factory, and +complying with it towards the consumer, provided that it shall indicate in de tail its obligations, their +scope, and the rights of the consumer, taking into account the following: +1. Include this mechanism in documents (brochures) written in the Arabic language and in a clear +and understandable formulation for the consumer, and pla ce it in a prominent place in the sales +outlets and centres affiliated with the provider, and enable the consumer to view it and publish it on +the website. The consumer may also be provided with an additional, identical copy in another +language. +2. Indica tion of the postal address, telephone number and e -mail address of the provider. + + Cabinet Resolution No. (66) of 2023, Concerning the Executive Regulations of Federal Law No. (15) of 2020 Concerning +Consumer Protection 9 + Article (17) +Maintenance Works for Goods Under Warranty +1. The provider shall specify in writing a specific period for the completion of the maintenance work +for the goods under warranty, according to the nature of the required maintenance or the reasons +for the repair. +2. If the repair time takes more than (7) seven days, the provider shall provide an alternative good +similar to the consumer good to use it free of charge for the period when the consumer is unable to +benefit from the good, and the provider shall have the right - instead - to agree with the consumer +on another mechanism to compensate the consumer or include it in the mechanisms of +implementing the war ranty, unless the defect or defect arises from the behaviour of the consumer. + +Article (18) +Obligations of Provider Upon Providing Periodic Maintenance Services for Goods +Under Warranty +When providing periodic maintenance services for the goods under warra nty, the provider shall +abide by the following: +1. Provide equipment, technicians and workers to provide the service within an appropriate period; +2. Carry out the necessary maintenance for the goods using trained human resources and +appropriate techniques according to the instructions of the manufacturer, in a manner that +guarantees the quality of maintenance; +3. Allocate appropriate means of commu nication with consumers to facilitate services and +coordinate when receiving and delivering goods; +4. Indicate the periodic maintenance cost, the date of its performance and the time it takes, and place +it in a prominent place in service centres affiliate d thereto; +5. Provide a statement of the estimated cost of maintenance at any time upon request of the +consumer; +6. Clarify the fee for maintenance services, including examination, inspection, replacement of +damaged parts, how to calculate the price of l abour and other paid services; +7. Indicate the prices of spare parts by placing them on the packaging thereof, or by using any other +techniques or procedures that allow the consumer to verify them himself; and Cabinet Resolution No. (66) of 2023, Concerning the Executive Regulations of Federal Law No. (15) of 2020 Concerning +Consumer Protection 10 + 8. Keep the replaced spare parts and deliver them to the consumer before paying the prescribed +price. The consumer may assign them to the provider in order to destroy them in the appropriate +ways. + +Article (19) +Warranty of Goods Within the Warranty Period +1. The provider shall provide a warranty fo r the good for the duration specified by the manufacturer +or commercial agent. This warranty shall commence from the date on which the consumer receives +the original or replacement good in the event of a defect. The warranty period shall be extended for +the duration(s) in which the consumer was unable to use the good due to repairs of defects covered +by the warranty, or due to a delay in maintenance caused by the provider, or a delay in the supply of +necessary spare parts during the warranty period. +2. The provider shall clearly and explicitly state the cases that invalidate the warranty, and the +consumer shall be notified thereof prior to purchase. +3. The concerned authority shall have the right to regulate the validity of the warranty upon +maintenance in the independent service centres on the good subject to maintenance, and on the +good that, upon maintenance, requires using parts sold from other than the provider. +4. The concerned authority may organise after -sales service in independent service centres. + +Article (20) +Obligations of Provider Upon Discovery of a Defect in Goods +1. Upon discovering a defect in the good that affects efficiency, effectiveness, or the danger of use +thereof, the provider shall inform the concerned authority and the consumer of the potential +damages and how to prevent them when using them, in accordance with the following procedures: +a. Stop trading the good or providing the service; +b. Withdraw the good from the market; and +c. Recovery of defective goods, replacement or repair thereof at own expense or a full refund of +the value paid by the consumer. +2. The provider shall be prohibited from reselling or displaying the withdrawn or returned goods on +the electronic sales platf orms. Cabinet Resolution No. (66) of 2023, Concerning the Executive Regulations of Federal Law No. (15) of 2020 Concerning +Consumer Protection 11 + 3. In all cases, the concerned authority shall be informed of the procedures taken by the provider in +this regard. + +Article (21) +Notifying Upon Discovery of a Defect in the Good +1. Upon discovery of the defect, the notification shall be made by the provider or his legal +representative to the concerned authority in writing on the form prepared for such purpose, +provided that it shall include the following data: +a. The name, descri ption, surname, nationality, address, and chosen domicile of the informant in +the country. If the notification was made by the legal representative of the provider, an +authenticated power of attorney shall be attached; +b. A statement of the reported good; +c. Name, address and country of origin of the provider; +d. The date the informant discovered the reported defect; +e. Accurate technical identification of the reported defect; +f. Damages likely to occur from the defect subject of the report, and an ind ication of how to +prevent such damages or reconcile the effects resulting therefrom in the event of their occurrence; +g. The procedures and means provided by the provider to enable the consumer to replace, repair +or return the good, along with a refund of the price that was paid without any additional +expenses; and +h. Any other data that the provider deems necessary to include in the good. +2. The notification shall be recorded in a special registry prepared for such purpose at the concerned +authority, an d the informant shall be given a receipt to that effect, including the entry number, date +and time of its occurrence. + +Article (22) +Informing the Consumer Upon Discovery of Defect in Goods +1. The consumer shall be notified upon discovery of a defect in th e good by the provider or his legal +representative, in coordination with the concerned authority, according to the following: +a. Announcement in at least two daily local newspapers, one of which shall be in Arabic; Cabinet Resolution No. (66) of 2023, Concerning the Executive Regulations of Federal Law No. (15) of 2020 Concerning +Consumer Protection 12 + b. Announcement on all websites and soc ial media of the provider or the competent authority +within (24) twenty -four hours of discovering the defect; +c. The area of the announcement shall not be less than (15 cm x 15 cm) in a clear and legible +manner, unless the concerned authority specifies other specifications for it; and +d. The announcement shall include the following information: +1. Name, address, em ail address and contact number of the provider; +2. The trademark of the good; +3. Name, description and the country of origin of the good; +4. A clear picture of the good; +5. The number of the defective goods; +6. Description of the defect; +7. The model or operational nu mber of the good; +8. Instructions that the consumer shall follow in order to avoid any damages that may +result from the use of the good; +9. Instructions that the consumer shall follow to repair, replace or recover the value of the +good; and +10. Communicate with the consumer by all available means, including by phone or via e - +mail, and write this down in a special registry. +2. The concerned authority shall determine the period of time in which the announcement shall be +made and the timing thereof , and it shall have the right to determine any other means of +announcing. + +Article (23) +Obligations of Provider to Inform the Recovery of Goods +Obligations of the provider to inform the concerned authority and the consumer about the recovery +of defective and harmful goods, shall be according to the following time periods: +1. In the event of recovery of goods affecting security and safety: the notification shall be immediate, +and not exceeding (24) twenty -four hours from the date of discovery of the defect necessitating a +recovery; and Cabinet Resolution No. (66) of 2023, Concerning the Executive Regulations of Federal Law No. (15) of 2020 Concerning +Consumer Protection 13 + 2. In the event of recovery of goods other than those stipulated in Clause (1) of this Article : the +notification shall be made within a period not exceeding (7) seven days from the date of discovery +of the defect necessitati ng the recovery. + +Article (24) +Report Data Recovered Goods +1. The provider shall provide the concerned authority with a report on the goods that have been +recovered, within (30) thirty days from the start of the recovery process, provided that this report +shall include the following: +a. The recovered amount; +b. A list of the quantities of goods that have been repaired, replaced or refunded; +c. A list of the owners of the recovered goods and the means of contacting them, and in the event +that the good was a vehicle, a list of the recovered vehicle chassis numbers shall be attached to +the report; +d. A list of unreachable good owners according to the database of the provider; +e. Actions taken to correct the declared defect; and +f. Any other data deemed necessary by the concerned party. +2. In all cases, the provi der shall not close the recovery file without permission from the concerned +authority. + +Article (25) +Defect in the Goods or Service +The provider shall return the goods that do not have a warranty on the product, or that the warranty +period of spare parts conflicts with the period of the full warranty on the product, or that do not have +the warranty of the commercial agent or distributor, and refund their price to the consumer in the +event that the defect or fault is discovered within a period of (30) thirt y days from the date that a +defect or fault appears, whether it is apparent or hidden. + + + Cabinet Resolution No. (66) of 2023, Concerning the Executive Regulations of Federal Law No. (15) of 2020 Concerning +Consumer Protection 14 + Article (26) +Provider Obligations Regarding the Goods Defect +1. Before carrying out any repairs or changes to the goods, the provider shall document the condition +of the goods at the time of receipt and the consumer technical notes, notify the consumer by any +documented means and obtain the consumer approval of the goods repairs cost, the period it takes +for repair and the warranty period. In addition, the provider shall, after carrying out the repair +process, issue an invoice to the consumer specifying the parts that have been replaced, their price, +and indicating w hether these parts are new, used, or refurbished. +2. The provider shall deal with the repair with the necessary professionalism and guarantee the +repair and the replaced parts for a period of not less than (15) fifteen days from the date of their +delivery to the consumer, unless the nature of the replaced parts and the repair service requires a +longer period, provided that the defect or fault shall not arise from the consumer usage. + +Article (27) +Provider Obligations to Provide Alternative Goods +1. In the event that a defect is discovered in the goods, whether due to the conditions of its +preservation, storage, trading, installation, or other reasons that the provider bears, the consumer +shall have the right to choose between returning the goods w ith a refund of its price, replacing it, or +repairing it without charge; +2. In all cases, the provider shall provide alternative goods for the consumer to benefit from without +charge, until it is replaced or repaired; and +3. In the event that the provide r breaches its obligations stipulated in Clause (2) of this Article , it shall +compensate the consumer for the cost of providing the alternative goods it took to repair or replace +the goods. + +Article (28) +Provider Obligations Upon Defect Re -occurrence +1. If the provider is unable or fails to fix a recurrent defect, during the warranty period, or more than +one defect that is not related to the consumer use towards the goods, then the consumer has the Cabinet Resolution No. (66) of 2023, Concerning the Executive Regulations of Federal Law No. (15) of 2020 Concerning +Consumer Protection 15 + right to obtain new alternative goods with the same catego ry and standards as the original goods, or +for its value at the time of purchase, in accordance with the following conditions: +a. Recurrence of the defect results in total or partial non -utilisation of the goods, or affects their +market value, or the safe ty of use thereof; +b. The provider exhausts two attempts to repair the recurrent defect in the goods, or three +attempts to repair it if it is a vehicle, or that the multiple attempts to repair the defect take a period +exceeding (15) fifteen days in each a ttempt, including the period required to provide spare parts; +c. If the consumer fails to transport and send the goods to the provider to fix the defect, and it is +still under warranty, the provider shall pay all transportation costs or send technicians to the +consumer residence or the place of the goods. +2. In the event that the repair is not made in the first attempt, and the consumer fails to reach the +provider authorised workshop, and the good is a vehicle that is still under warranty, the provider +shall bear all transportation costs or send technicians to the place where the vehicle broke -down or +the consumer residence, as the case may be. +3. The provider shall refund the price of the goods in the event that the consumer partially benefits +from it, an d it could not be repaired three times or more, after deducting the consumption +percentage from the price of the product. + +Article (29) +Provider Obligations to Re -perform the Service +1. The provider shall re -perform the service in the manner that was agreed upon, in the event that a +defect is discovered in how the service is performed for any reason attributed to the provider, and +the consumer shall have the right to request re -perform ance of the service in the manner that was +agreed upon at first, and without paying any fees or extra expenses by the consumer; +2. If the provider refuses or fails to perform the service properly or delays its performance, the +consumer shall have the righ t to recover the full price paid for obtaining it; +3. If the subject of the service is the repair, maintenance or operation of the goods, and it results in a +decrease in the value of the goods, loss of its functions or part thereof, or their destruction, the +provider shall bear the costs of their repair or compensate the consumer for their value or the value +of the damaged part thereof. Cabinet Resolution No. (66) of 2023, Concerning the Executive Regulations of Federal Law No. (15) of 2020 Concerning +Consumer Protection 16 + +Article (30) +After -Sales Services +The Minister may issue decisions specifying warranty periods, conditions thereof, and prices of +after -sales services for some goods, in proportion to the nature of those goods and the conditions of +trading them in the markets, taking into account the following: +1. The importance of the relevant goods to the consumer; +2. The subjective characteristics, conditions of trading, or the commercial custom of each good; +3. Existence of a need to avoid arbitrariness against the consumer, in the event that the provider +intends to draft the warranty conditions in a vague manner or restricts it with the aim of discharge +itself from legal obligations in this regard; +4. The need to ensure that the commercial agent provides all the warranties granted by the principal +in relat ion to the goods subject of the agency; and +5. The provider shall provide warranties that prove to be given in other countries where the +conditions of trading are similar to the country. + +Article (31) +Licence for Promotions and Discounts +1. The provider shall, upon making and announcing discounts in any means, obtain a prior licence +from the competent authority in accordance with the procedures followed therein; +2. The provider shall, upon promoting goods or service in any means, obtain a prior licence f rom the +competent authority in accordance with the procedures followed therein; +3. The provider shall notify the consumer of any discounts to be made on the goods or services it +provides, in the event that the date specified for the enforcement of these d iscounts is within a week +from the date of the consumer purchase. If the provider violates this obligation, the consumer shall +have the right to recover the price difference within (30) thirty days from the date of purchase. + + + + Cabinet Resolution No. (66) of 2023, Concerning the Executive Regulations of Federal Law No. (15) of 2020 Concerning +Consumer Protection 17 + Article (32) +Monopolistic Practices +Subject to the provisions of Federal Law No. (4) of 2012 referred to above, the provider may not: +1. Discriminate between consumers when selling the goods or benefiting from the service; +2. Hide the good, refuse to sell it, refuse to provide th e service, force to purchase a certain quantity +of the goods, stipulate another goods or service with it, or restrict the use of the service to conditions +that by their nature are not related to the service subject of the original transaction; +3. Charge a higher price than the announced price by any means of advertisement; +4. Sell goods or services at prices below cost to create a monopoly situation; +5. More than one provider ally to harm to the national economy; +6. The providers agree, expli citly or implicitly, to fix, reduce or raise the price in a declared or secret +manner, in a way that harms the national economy; +7. Competitors agree to divide the market among themselves according to geographical distribution +or sales volume; +8. The provider purchases competing goods or services from the market for the purpose of +controlling prices; or +9. Refuse, stop, or limit t he quantity of production, supply, or offer of goods or services. + +Article (33) +Prohibition of Monopoly Agreements +Practices, agreements or contracts, whether written or oral, expressed or implicit, shall be prohibited +if the purpose of the practices, agre ements or contracts or the resulting effect is to establish any +monopoly situation. + +Article (34) +Prohibition of Including a Harmful Term to the Consumer +Each condition that would exempt the provider from its responsibility or any of its obligations +stipu lated in the law and herein towards the consumer, whether these conditions are contained in +contract forms, invoices, documents, or others related to the contract with the consumer, and +particularly in any of the following cases: Cabinet Resolution No. (66) of 2023, Concerning the Executive Regulations of Federal Law No. (15) of 2020 Concerning +Consumer Protection 18 + 1. The provider give itse lf the right to interpret or amend some of the contract clauses or unilaterally +terminate it without referring to the consumer or giving him the right to claim compensation; +2. Authorising the provider, in the case of an indefinite contract, to terminate it unilaterally, and not +giving the same right to the consumer; +3. Authorising the provider to determine by himself and without referring to the consumer whether +the goods or service subject of the contract is in conformity with what is stipulated in the contract; +4. Cancel or diminish the right of the consumer to claim compensation when the provider breaches +its obligations; +5. The provider gives itself the right to unilaterally change the characteristics of the goods or the +terms of the consumer use of the service in the case of services subscription contracts. As an +exception to this provision, the provider may change the service provided by it after notifying the +consumer of that, if this change would develop or update the service, or for a reason bey ond control +of the provider; +6. Waiver of the consumer to any of his rights stipulated in the Law and this Resolution or in any +other relevant legislation; +7. Revoke the consumer rights towards the provider or limit them in an unsuitable manner in the +event that the provider fails to implement its obligations, in whole or in part, or performs them +poorly; +8. Obliging the consumer, in the event of failure to fulfil any of his contractual obligations, to pay the +provider a compensation that is not appropri ate to the actual damages resulting from his its failure +to fulfil his obligation; +9. Determining the price of the goods upon offer and delivery, or the price of the service is subject to +review by the will of the provider alone in the case of long -term c ontracts, and not allow the +consumer to request termination of the contract when the final price is too high compared to what +was agreed upon; +10. Put the phrase “goods sold are neither returned nor exchanged”, except for any of the following +cases: +a. If the consumer was aware of the defect or fault in the goods when purchasing it and accepted +it in its condition, and this is proven in the purchase invoice; +b. If it was one of the goods whose nature, characteristics, or method of packaging precludes it +from being replaced or returned, such as its exposure to damage or the impossibility of returning Cabinet Resolution No. (66) of 2023, Concerning the Executive Regulations of Federal Law No. (15) of 2020 Concerning +Consumer Protection 19 + it to the state it was at the time of purchase, in a way that prevents it from being resold, unless the +reason for the return and replacement is defects in ma nufacturing or a violation of standard +specifications, or other than what has been agreed upon in terms of specifications; and +c. If the consumer goods were subject to rapid perish -ability, unless it is proved that they are +spoiled or expired for human co nsumption on the date of purchase, or goods that are +manufactured according to specifications determined by the consumer, as well as books, +newspapers and magazines. +11. Not refunding the price of the goods or the service to the consumer; +12. Obliging the consumer to deal with specific financing or insurance companies; +13. Setting conditions for the need to carry out maintenance at the agency within a certain period of +time, and not to perform any maintenance or repair outside the agency, taking into account the +assessment of the concerned authority and the extent to which approved centres are available to +carry out this type of maintenance in accordance with the requ irements and requirements; and +14. The provider being not responsible for the goods while providing the service. + +Article (35) +Consumer Complaints +1. The competent authority shall receive consumer complaints, examine them, and follow them up, +and for this purpose it may take the following measures: +a. Complaints registration, provided that it shall include the following data: +1. The name, address, and capacity of the complaint and date of filing the complaint; +2. The name and address of the defendant and the nature of activity thereof; +3. The type of violation subject of the complaint; +4. The evidence on which the complaint is based and related documents, if any; and +5. Any other documents or data required by the concerned authority. +b. The competent authority may refuse to receive any complaint that does not fulfil any of the +data and documents specified in Paragraph (a) of Clause (1) of this Article , or if t he complainant +fails to submit the data and documents within the time period it specifies; and +c. The competent authority shall study the complaint and respond to the complainant within the +period it determines according to the nature of the complaint. Cabinet Resolution No. (66) of 2023, Concerning the Executive Regulations of Federal Law No. (15) of 2020 Concerning +Consumer Protection 20 + 2. The complainant may submit the complaint to the Ministry in any of the cases that are determined +by agreement between the Ministry and the competent authority. + +Article (36) +Testing Goods in Laboratories +1. The relevant authority may, whenever the publi c interest requires, test the goods in laboratories +ensure the validity of the goods; +2. In the event of a dispute between the provider and the consumer, the relevant authority may test +the goods in laboratories to ensure the validity of the goods; +3. The laboratories, in which the goods are tested, shall be determined at the discretion of the +relevant authority or at the request of the consumer or provider; +4. The laboratory shall issue a report on the validity of the goods within the period specif ied by the +relevant authority, and the report shall be circulated to the provider and consumer; +5. The report issued by laboratory shall be final and shall be relied upon by the relevant authority in +determining the validity of the good; and +6. The provi der shall test the goods outside the country at its own expense in the absence of a +specialised laboratory in the country. + +Article (37) +Procedures of Testing Goods in Laboratories +1. Goods test procedures and time periods required there -for shall be as f ollows: +a. Samples of suspected goods shall be tested and analysed at the laboratories of the concerned +authority or accredited laboratories; +b. Taking into account the periods specified for the goods test in any law or standard, the test shall +be carrie d out within a period not exceeding (15) fifteen days for foodstuffs, and within a period +not exceeding (30) thirty days for other goods; +c. The period mentioned in Paragraph (b) of this clause may be extended for a similar period for +one time if the exam ination requires a longer period, provided that the provider shall be notified +of that in writing; and Cabinet Resolution No. (66) of 2023, Concerning the Executive Regulations of Federal Law No. (15) of 2020 Concerning +Consumer Protection 21 + d. The provider shall be notified of the test results within (3) three working days of receiving the +test results. +2. If the goods is found to be inval id, the provider shall bear the costs of test and analysis in +accordance with the provisions of this Article . + +Article (38) +Judicial Seizure Report +The competent judicial officer shall write a report on the violation or take samples in the presence +of the owner of the commercial store or his representative, and he shall record in the report the +measures he took, particularly the following: +1. The dat e, hour and place of writing the report, and the type of violation, if any; +2. The name and capacity of the reporter, and the details of the order issued assigning him to the +task or the mission, if any; +3. The name and capacity of the person against who m the procedures were made; +4. The result of examining the place where the goods were deposited; +5. Documents proving the source of the goods; +6. The procedures taken to prepare the samples, including the method and manner of taking and +transporting the sample, and the number of samples; +7. All the information recorded on the goods being seized; and +8. The signature of the store owner or his representative on the report, or evidence of his refusal to +sign. + +Article (39) +Administrative Seizure of Goods +1. In the event that there is sufficient evidence on violation of the provisions of the law and this +Resolution that would harm the consumer health and safety, the suspected goods and tools with the +provider shall be seized temporarily, and on his re sponsibility. The competent judicial officer shall +write a report proving the condition of the goods and tools seized in the presence of the +establishment owner or the person responsible for its management, provided that the report shall +include the same d ata and procedures stipulated in Article (38) of this Resolution; Cabinet Resolution No. (66) of 2023, Concerning the Executive Regulations of Federal Law No. (15) of 2020 Concerning +Consumer Protection 22 + 2. The concerned authority shall decide whether these goods and tools harm the health and safety +of the consumer or not within (30) thirty days from the date of seizure. The concerned autho rities +may extend this period when the nature of the goods or the test procedures so require, and in this +regard it may seek assistance and coordinate with the relevant authorities; +3. The seized goods and tools shall be released when it becomes clear to the concerned authority +that they do not harm the health and safety of the consumer, or when a judicial sentence is issued +for their release; +4. The concerned authority shall notify the provider when the decision to release the seized goods +and tools is i ssued; and +5. In all cases, the provider shall bear the costs of test and analysis in accordance with the provisions +of this Article . + +Article (40) +E-Commerce +1. Subject to the provisions of this Resolution, the provider, who works in E -commerce, shall state in +a clear and legible manner, according to the nature of each good, the basic data stipulated in the +rules, laws, technical regulations, and approved stand ards, particularly the following: +a. Name of the producer and the importer, along with their respective trade name, address and +trademark; +b. Name, type, nature, components, and amount of the goods, whether in relation to weight, size, +number, measure, e nergy, standard, or any other measures that affect the value of the goods, and +not displaying it in a manner different from the nature, size, or standards of the product; +c. Attach a detailed statement according to the nature of each good that clearly inc ludes the +components and standards of the goods in its original language in addition to Arabic language; +d. The country of origin (the name of the country preceded by the phrase: “Made in”)and the +country of export (if any); +e. Production date and shelf life; +f. Warning of the dangers that may result from the wrong use of the goods; +g. Terms and conditions of goods return or exchange; and +h. Conditions of trade, storage and method of use. Cabinet Resolution No. (66) of 2023, Concerning the Executive Regulations of Federal Law No. (15) of 2020 Concerning +Consumer Protection 23 + 2. The provider, who works in E - commerce, shall provide all supporting documents for the +conformity of the goods according to the rules, laws, technical regulations and standards, and shall +place the conformity badge on the web page; and +3. The provider shall bear the responsibility for any defect in the goods provided through a third +party using its electronic platform for sale. + +Article (41) +Administrative Fines and Penalties +The Ministry may impose one or more administrative penalties on the provider u pon its violation of +any of the acts that occur in violation of any of the provisions of Federal Law No. (15) of 2020 +referred to and this Resolution, which are set out in Annexes No. (1) and (2) attached to this +Resolution. + +Article (42) +Executive Resolu tions +The Minister shall issue the Resolutions necessary to apply the provisions of this Resolution. + +Article (43) +Publication and Entry into Force +This Resolution shall be published in the Official Gazette and shall come into force three months +after the date of its publication. + + + +Mohammed Bin Rashid Al Maktoum +Prime Minister + +Issued by Us: +Date: Dhu al -Hijja 15, 1444 H +Corresponding to: July 03, 2023 Cabinet Resolution No. (66) of 2023, Concerning the Executive Regulations of Federal Law No. (15) of 2020 Concerning +Consumer Protection 24 + + +Annex (1): Administrative penalties may be imposed on the provider +The Ministry may impose one or more administrative penalties on the provider when it violates the +acts that represent violation of any of the provisions of Federal Law No. (15) of 2020 referred to and +this Resolution, which are set out in Annex No. (2) att ached to this Resolution, taking into account +that penalties shall be in a graded manner, and as follows: +1. Notice; +2. Administrative fine according to Annex No. (2) attached hereto, and the penalty shall be +doubled in case of repetition; +3. Temporary administrative closure for a period of no less than (24) twenty -four hours and no +more than (90) ninety days; +4. Suspension of practising the activity in whole or in part for a period of no less than (24) twenty - +four hours and no more than (90) ninety day s; and +5. Cancellation of the licence and striking off from the commercial register. + + Cabinet Resolution No. (66) of 2023, Concerning the Executive Regulations of Federal Law No. (15) of 2020 Concerning +Consumer Protection 25 + Annex (2): Table of financial penalties may be imposed on the provider + +Penalty Legal Reference Violation No. +AED +100.000 Article 7, Clause 2 +Federal +Law No. +(15) of + Failure to warn the consumer if the use +of the goods is dangerous. 1 +AED +100.000 Article 8, Clause 2 Announcing the prices of goods and +services provided in a misleading +manner. 2 +AED +100.000 Article 8, Clause 4 The provider fails to issue the invoice in +Arabic. 3 +AED +250.000 Article 10, Clause +1 The provider fails to provide the +required spare p arts, maintenance, +replace the goods or refund the goods +price. 4 +AED +250.000 Article 10, Clause +1 The provider does not comply with the +after -sales service for the sold goods +within the specified time period. 5 +AED +250.000 Article 10, Clause +2 The provider fails to provide warranty to +the service provided and ensure it is free +from defect or fault within a period of +time appropriate to the nature of that +service. 6 +AED +250.000 Article 12 The provider fails to repair, replace, +return, refund the goods, or re -perform +service free of charge if a defect is found +in the goods or service. 7 + Cabinet Resolution No. (66) of 2023, Concerning the Executive Regulations of Federal Law No. (15) of 2020 Concerning +Consumer Protection 26 + AED +250.000 Article 15 +2020 on +Consumer +Protection + The provider fails to include the contracts +concluded that provide for repair, +maintenance, or after -sales service, or the +return, replacement, or refund of the +goods within a specified period of time +since the defect or fault appears therein. 8 +AED +250.000 Article 16, Clause +1 The commercial agent or distributor fails +to implement all the warranties provided +by the producer or agent of the goods or +service subject of the agency. 9 +AED +250.000 Article 16, Clause +2 The commercial agent or distributor fails +to provide a similar good to the consumer +to use free of charge if the +implementation of the warranties shall +exceed a period of (7) seven days. 10 +AED +250.000 Article 17 The good or service is described in a +manner that contains incorrect data or +advertised in a misleading way. 11 +AED +200.000 Article 20 The provider fails to ensure that the goods +or services comply with the standard +specifications, conditions and controls +related to health and safety. 12 +AED +250.000 Article 21 The provider includes, when contracting +with the consumer, any condition that +may harm it. 13 +AED +100.000 Article 26 The provider fails to write data, +advertisements and contracts related to +the consumer in Arabic. 14 +AED 50.000 Article 3 The provider fails to indicate on the goods +cover or packaging or in the place where 15 Cabinet Resolution No. (66) of 2023, Concerning the Executive Regulations of Federal Law No. (15) of 2020 Concerning +Consumer Protection 27 + it is shown, in a clear and legible manner, +the basic data related to the goods. +AED 50.000 Article 4 The provider fails to attach with the goods +the data on how to use and install it. 16 +AED +100.000 Article 5 The provider fails to announce the prices +of goods and services clearly and legibly. 17 +AED +100.000 Article 6 The provider fails to give the consumer an +invoice that proves dealing or contracting +with it on the goods or service. 18 + Cabinet Resolution No. (66) of 2023, Concerning the Executive Regulations of Federal Law No. (15) of 2020 Concerning +Consumer Protection 28 + AED +100.000 Article 7 +Cabinet +Resolution +No. ( ) of +2023 +regarding +the +Executive +Regulations +of Federal +Law No. +(15) of +2020 on +Consumer +Protection. + The provider, who offers used or +refurbished goods or goods that include a +defect not resulting in any harm to the +health and safety of the consumer, fails to +announce the condition of the goods +clearly and legibly on the goods. 19 +AED +100.000 Article 11 The provider fails to provide the consumer +with the document indicating the +warranty. 20 +AED +250.000 Article 13 The provider fails to provide warranty to +the service provided to the consumer +within a period appropriate to the nature +of each service or the longest period +agreed upon. 21 +AED +300.000 Article 14 The provider fails to provide the spare +parts necessary for the operation and +repair of the goods. 22 +AED +100.000 Article 16 The provider fails to establish a written +mechanism for providing spare parts, +maintenance service, and guarantees in +accordance with the conditions set by the +Manufacturer. 23 +AED 50.000 Article 17 The provider fails to specify in writing a +specific pe riod for the completion of +maintenance work for the goods under the +warranty. 24 +AED +300.000 Article 18 Obligations of the provider when +providing periodic maintenance services +for the good under warranty. 25 Cabinet Resolution No. (66) of 2023, Concerning the Executive Regulations of Federal Law No. (15) of 2020 Concerning +Consumer Protection 29 + AED +250.000 Article 19 The provider fails to provide warranty to +the goods during the warranty period +specified by the producer or the +commercial agent. 26 +AED +500.000 Article 20 The provider fails to inform the concerned +party and the consumer, upon discovering +a defect in t he goods or a danger in its use, +of the potential damages and how to +prevent them while usage. 27 +AED +250.000 Article 24, Clause +1 The provider fails to provide the concerned +authority with a report on the goods that +have been recovered. 28 +AED +1,000.000 Article 24, Clause +2 The provider closes the return file before +the permission of the concerned party. 29 + Cabinet Resolution No. (66) of 2023, Concerning the Executive Regulations of Federal Law No. (15) of 2020 Concerning +Consumer Protection 30 + AED +250.000 Article 25 The provider fails to return the goods that +do not have the warranty of the +commercial agent or distributor and give +their price back to the consumer. 30 +AED +200.000 Article 26, +Paragraph 1 The provider fails to notify the consumer +of any repairs or changes to the goods +and obtain the approval of the consumer +on the goods repair costs, the period it +takes for repair, and the warranty period. 31 +AED +100.000 Article 26, +Paragraph 1 The provi der fails to issue an invoice to +the consumer after the repair process, +specifying the parts that have been +replaced, their price, and whether those +parts are new, used, or refurbished. 32 +AED +500.000 Article 27, Clause +2 The provider fails to provide a n +alternative goods for the consumer to +benefit from free of charge, until it is +replaced or repaired in the event that a +defect in the goods is found for reasons +that provider bears responsibility for. 33 +AED +500.000 Article 28, Clause +1 The provider fails to provide a new +replacement goods with the same +category and specifications of the original +one or at its price at the time of purchase, +in the event that it fails to repair a +recurring defect during the warranty +period. 34 +AED +100.00 0 Article 28, Clause +2 The provider fails to bear all +transportation costs or to send 35 Cabinet Resolution No. (66) of 2023, Concerning the Executive Regulations of Federal Law No. (15) of 2020 Concerning +Consumer Protection 31 + technicians to where the vehicle broke - +down or the consumer residence. +AED +100.000 Article 29, Clause +3 The provider fails to bear the repair costs +or compensate th e consumer for the price +of the goods or the price of the damaged +part thereof. 36 +AED +100.000 Article 32, +Paragraph a Discrimination between consumers +when selling the goods or benefiting from +the service. 37 +AED +200.000 Article 32, +Paragraph b Hide the good, refuse to sell it, refuse to +provide the service, force to purchase a +certain quantity 38 + + Cabinet Resolution No. (66) of 2023, Concerning the Executive Regulations of Federal Law No. (15) of 2020 Concerning +Consumer Protection 32 + of the goods, stipulate another goods or +service with it, or restrict the use of the +service to conditions that by their nature +are not related to the service subject of +the original transaction. +AED +100.000 Article 32, +Paragraph c Charge a higher price than the +announced price by any means of +advertisement. 39 +AED +100.000 Article 32, +Paragraph d Sell goods or services at prices below cost +to create a monopoly situation. 40 +AED +100.000 Article 32, +Paragraph c More than one prov ider ally to cause +harm to the national economy. 41 +AED +100.000 Article 32, +Paragraph h The provider agrees, explicitly or +implicitly, to fix, reduce or raise the price +in a declared or secret manner, in a way +that harms the national economy. 42 +AED +100.000 Article 32, +Paragraph e Competitors agree to divide the market +among themselves acc ording to +geographical distribution or sales +volume. 43 +AED +100.000 Article 32, +Paragraph f The provider purchases competing goods +or services from the market for the +purpose of controlling prices. 44 +AED +100.000 Article 32, +Paragraph g Refuse, stop, or limit the quantity of +production, supply, or offer of goods or +services. 45 +AED +100.000 Article 40 The provider, who works in the electronic +commerce, fails to indicate in a clear and +legible manner, according to the nature 46 Cabinet Resolution No. (66) of 2023, Concerning the Executive Regulations of Federal Law No. (15) of 2020 Concerning +Consumer Protection 33 + of each good , the basic data stipulated in +Article (40) herein. + " +economy and business,Federal Law No. (2) of 1989 for Allowing the Citizens of GCC Countries to Practice the Whole or Retail Trade in the Country,"Article (1) +GCC nationals, whether natural or juridical persons, shall be permitted to practice retail and +wholesale trade in the State in accordance with the rules and controls of which a resolution +by the Cabinet shall be issued. + +" +economy and business,Federal Law No. (2) of 1989 for Allowing the Citizens of GCC Countries to Practice the Whole or Retail Trade in the Country,"Article (2) +Repealed by Federal Law No. (3) of 2015. + +Federal Law No. ( 2) of 1989 for Allowing the Citizens of GCC Countries to Practice the W hole or Retail Trade in +the Country . 2 + +" +economy and business,Federal Law No. (2) of 1989 for Allowing the Citizens of GCC Countries to Practice the Whole or Retail Trade in the Country,"Article (3 ) +Repealed by Federal Law No. (3) of 2015. + +" +economy and business,Federal Law No. (2) of 1989 for Allowing the Citizens of GCC Countries to Practice the Whole or Retail Trade in the Country,"Article (4) +This Law shall be published in the Official Gazette and shall come into force as of 1.3. 1987 +in respect of retail trade and as of 1.3.1990 in respect of wholesale trade. + + +Khalifa Bin Zayed Al Nahyan +President of the United Arab Emirates + + +Issued by us in the Presidential Palace in Abu Dhabi On: 14 / Muharram / 1410 Hijri . +Corresponding to : 15 / August / 1989 + + " +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (1) +Definitions +Wherever used herein, unless the context otherwise requires, the following words and +expressions shall have the meanings assigned thereto respectively: +State : The United Arab Emirates +Ministry : Ministry of Economy (MOE) +Minister : Minister of Economy +Department : MOE's Department for Combating Harmful Practices in +International Trade +Advisory Committee : Advisory Committee for Combating Harmful Practices in +International Trade +Government Body : Any federal or local government entity associated with the +application of the provisions of the Law and this +Resolution . +GCC States : Member States of the Gulf Cooperation Council. +Gulf Bodies Concerned : Bureau of the Technical Secretariat, the Standing +Committee for Combating Harmful Practices in +International Trade, and the Committee for Industrial +Cooperation of GCC States +Ministerial Committee : Committee for Industrial Cooperation formed by the GCC’s +Ministers of Industry. Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 3 + Standing Committee : Committee for Combating Harmful Practices in the +International Trade of the GCC States +Bureau of the Technical +Secretariat + : Bureau of Technical Secretariat for Combating Harmful +Practices in International Trade of the GCC Countries. +Judicial Tribunal : Judicial Body established under the Unified Economic +Convention of the GCC States. +WTO : World Trade Organization +WTO Agreements : Agreements emanating from the Final Declaration of the +Uruguay Round of Multilateral Trade Negotiations, which +was ratified under Federal Decree No. (21) of 1997. +Harmful Practices in +International Trade : Dumping, subsidy or unjustifiable increase s of imports +Dumping : In the context of international trade, dumping refers to +exporting a product to the State at prices lower than the +home -market prices of a similar product +Subsidy : Financial contribution or any other form of monetary +support provided by the government o r any public body +with the State of origin, or “any form of income or price +support in the sense of Article XVI of GATT 1994,"" thus +conferring a benefit upon the subsidy rec ipient . +Increase in Imports : Importation into the GCC States of products in large +quantities, either in absolute terms or relative to the +domestic production, which cause s serious injury to an +established GCC industry +Measures : Anti -Dumping, countervailing and preventive measures. +Anti -Dumping Measures : Actions and measures to be taken against dumping. +Countervailing Measures : Actions and measures to be taken against the subsidies +allocated . + Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 4 + Preventive Measures : Actions and measures to be taken against the increase in +imports. +Provisional Measures : Interim actions and measures taken during the +investigation period and upon coming to provisional +positive findings . +Final Measures : Actions and measures that are taken after the investigation +is completed and upon coming to final positive findings. +Complaint : A written application to be submitted according to a form +set for such purpose. +Domestic Industry + : The entire body of p roducers of similar products in a State , +or those whose collective output of the products +constitutes a major proportion of the gross domestic +production of those products in anti -dumping and subsidy +investigation s. The domestic industry, within the +preven tion investigation s, refers to the State’s producers as +a whole of the similar or direct ly competitive products, or +whose collective output of the production of similar +products or direct ly competitive products constitutes a +major proportion of the gross domestic production of those +products. +GCC Industry : The entire body of producers of simi lar products in the GCC +States , or those whose collective output of the products +constitutes a major proportion of the gross GCC production +of those products in anti -dumping and subsidy +investigations. The GCC industry, within the prevention +investigations, refers to the GCC’s producers as a whole of +the like or direct ly competitive products, or whose +collective output of the pr oduction of similar products or +direct ly competitive products constitutes a major +proportion of the gross GCC production of those products. Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 5 + Related Parties : A foreign exporter or producer, importer of a product under +investigation , producers in whose industrial inputs the +product under investigation is included, or governmental +or private agencies representing or protecting the interests +of consumers, governments of exporting country or any +other local or foreign parties having an interest in the +product under investigation. +Injury : Injury, in the sense of an anti -dumping and subsidy +investigation s, is a material injury, or threat of a material +injury, or material impediment to the establishment of +domestic or Gulf industry. Injury, in the sense of prevention +investigations, is a serious injury or threat of serious injury +to the domestic or Gulf industry. +Serious Injury : means an injury that causes a significant overall +impairment in the standing of the domestic or Gulf +industry. +The t hreat of Serious Injury : means an imminent serious injury resulting in a significant +weakening of the established national or Gulf industry. +Normal Value : The price paid or payable for a similar product, in the +ordinary course of trade, when destined for consumption +in the exporting country market. +Export Price : The price paid or payable for the product under +investigation by an importer when sold from the exporting +country. +Margin of Dumping : The difference between the normal value and the export +price during the period of investigation. +Subsidy : An amount that represents the benefit accruing to the +subsid y beneficiary during the period of investigation. +National Market : The market of the State . +Gulf Market : GCC Markets . Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 6 + Similar Product : A Product which is identical or having a resemblance in all +aspects to the product under investigation, or, in the +absence of such a product, an y other product which, +although not alike in all respects, has characteristics closely +resembling those of the product under investigation . +Specific Subsidy : A subsidy resulting in countervailing measures be taken . +Subsidized Imports : Imports of products under investigation that received +specific subsidies. +Product Under +Investigation : The product imported to the State as described in the +declaration of initiation of the investigation . +Importing Country : A county e xporting and /or producing the product under +investigation. +Government : A local or regional government or authority in a foreign +country, or a body or organization exercising authority on +behalf of a foreign country union , or a person, body or +institution acting on behalf of such bodies. +Independent Buyer : A buyer who has no commercial or production association +or any other business with an importer in an importing +country, or an exporter or producer in an exporting +country, or who is not directly or indirectly controlled by a +third party or members of the s ame family. +Official Bulletin : A newsletter issued by the Bureau of the Technical +Secretariat. +Official Gazette : The Official Gazette of the State . +Common Law : Common Law of Anti -Dumping and Countervailing and +Preventive Measures of the GCC States. +Law : Federal Law on Anti -Dumping and Countervailing and +Preventive Measures. + + Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 7 + Part Two +Harmful Practices in International Trade of Domestic Industry +Section One +Complaint and Investigation Procedures +Chapter One +Conditions for Filing a Complaint +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (2) +1. A complaint against dumping, subsidization or unjustified increase in imports shall be lodged +to the Department in writing, in accordance with the provisions of Article 3 of the Law, on the +form set by the Department for this purpose. The complainant shall enclose with the +complaint a non -confidential summary of the complaint with sufficient details to permit a +reasonable understanding of the substance of the confidential information furnished . +2. The c omplaint shall be submitted by the domestic industry or on behalf thereof, by the +competent chambers of commerce and industry of any the State, or by producers’ unions. +3. The complaint shall include evidence of the existence of dumping, specific subsidy or +unjustified increase s of imports, the injury caused by the allegedly injurious practices and the +causal relationship between the injurious practice and the alleged injury to the complainant, +and all available information supporting the complaint. +4. In special circumstances, the Minister or his delegate may give orders for initiating an +investigation without receiving a complaint from those persons or bodies mentioned in +paragraph 2 of this Article, on its own initiative or upon a request from the Advisory +Committee, when there is sufficient evidence as stated in paragraph 3 of this Article that +justifies the initiation of the investigation. + + + + + Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 8 + " +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (3) +The Department shall, no later than thirty (30) business days as of the first business day +subsequent to the receipt of the complaint, examine the accuracy and adequacy of the evidence +provided in the complaint and prepare an initial report thereon . The report shall be submitted to +the Advisory Commission together along with its recommendations w hether to reject the +complaint or initiate the investigation. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (4) +The Minister or his delegate shall, no later than fifteen (15) business days as of the date of receipt +of the initial report, issue its decision on the complaint including the recommendation of the +Advisory Committee. The decision shall include any of the following: +1. Admitting the complaint in principle and referring it the Department to register it in the +relevant registers set for that purpose, and initiating the investigation when they are satisfied +that the information, data, evidence, and facts submitted with the complaint are sufficient to +justify the investigation as per the provisions of the Law and this Resolution ; or +2. Rejecting the complaint due to inaccuracy, incorrectness, or insufficiency of information to +justify the initiation of the investigation. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (5) +The Department shall notify the complainant of the Minister's Resolution within seven (7) +business days from the date of the issuance thereof. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (6) +1. The Minister or his delegate shall decide to initiate an anti -dumping or an anti -subsidy +investigatio n only when the complaint is supported by domestic producers whose collective +output constitutes more than fifty percent (50%) of the total production of producers who +expressed either support or opposition to the complaint. The percentage of producers +expressed supporting the complaint shall not be less than twenty -five percent (25%) of the +total production of the domestic similar product . Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 9 + 2. Upon assessing the availability of national industry representation ratio , producers associated +with exporters or importers or who themselves are importers of the product in question may +not be taken into account. +3. For the purpose of paragraph (2) of this Article, producers shall be deemed to be related to +exporters or importers only if one of them directl y or indirectly controls the other; or both of +them are directly or indirectly controlled by a third party; or together they directly or indirectly +control a third party, provided that there are grounds for believing or suspecting that the effect +of the re lationship is such as to cause the producer concerned to behave differently from non - +related producers. For the purpose of this paragraph, one shall be deemed to control another +when the former is legally or operationally in a position to exercise authorit y over the latter. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (7) +1. Prior to the commencement of an investigation into dumping or subsidy complaints, the +Department shall inform the State or States concerned of the receipt of the complaint. +2. The Department shall, upon admitting a complaint regarding subsidization and before the +initiation of an investigation, take all necessary measures for calling the exporting countries of +the subsidized products under consideration to conduct consultations with the aim of +clarifying the facts of the complaint, the evidence provided in the complaint and to reach a +mutually agreed sol ution. +3. The conduct of consultations shall not prevent the initiation of the investigation or reaching +initial or final determinations or the application of provisional or final measures in accordance +with the provisions of hereof. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (8) +The Department shall keep records for the complaints submitted thereto, and maintain all related +procedures and actions as well as confidential files that are provided on a confidential basis or +that are by their nature confidential. Such confidential info rmation shall not be disclosed except +as the provisions of protection and treatment of confidential information according to the Law +and this Resolution . + Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 10 + Chapter Two +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (9) +Procedures of Investigation +The Department shall, within ten (10) working days from the date of issuance of the affirmative +decision by the Minister or his delegate , announce the decision to start the investigation in the +Official Gazette or in the State’s two most popular daily news papers. The initiation of an +investigation shall be effective on the date on which the notice of initiation is published in the +Official Gazette. The notice of initiation of an investigation shall contain the following +information: +1. A description of the pro duct under investigation, including its technical characteristics, end - +uses and its current tariff classification number in accordance with the relevant legislation. +2. A description of the domestic similar product(s) or directly competitive product(s), inclu ding +their technical characteristics and end -uses . +3. The name and address of the complainant and all other known producers of the like domestic +product(s) or directly competitive product(s). +4. Name(s) of the country( ies) of origin or export of the product unde r investigation. +5. A general summary of the factors related to the allegations of serious or material injury or +threats thereof and practices under investigation. +6. The date of initiation of the investigation. +7. The timetable for the investigation procedures, in cluding: +a. The period during which Related Parties desiring to participate in the investigation shall +inform the Department in writing of the same. +b. The time frames within which Related Parties shall present their arguments or information +in writing. +c. The time -limits within which Related Parties have the opportunity to present their +viewpoints in writing, as required. +d. The time limit within hearing session are called to be held, when necessary. +e. The address of the Department, the Department Director’s name, address and phone or +the party to whom the Related Parties shall submit information and comments. Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 11 + " +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (10) +1. Subject to the protection of the confidential information, the Department shall, as soon as the +anti -dumping and anti -subsidy investigations are initiated, provide the full text of the non - +confidential version of the complaint and a copy of the notice of initiation of the investigation +to all known Related Parties and the representatives of the exporting countries by official +means. In the case of protection investigations, the Related Parties shall be notified by +publishing the notice of initiation in the Official Gazette or the State’s two most popular daily +newspapers. +2. If the number of exporters involved in the investigation is substantially high, the full text of +the non -confidential version of the complaint may instead be provided only to the authorities +of the exporting countries. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (11) +1. The Department shall, in the case of anti -dumping and anti -subsidy investigations, send as +soon as possible questionnaires to the known Related Parties , including known domestic +producers, importers, exporters, foreign producers, and consumer associations t o collect the +necessary data and information. +2. In the case of protection investigation, questionnaires shall be sent to the parties who made +themselves known and request a questionnaire or through the diplomatic representatives of +the State or the exporting countries. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (12) +1. Related Parties shall clearly and completely respond to questionnaires no later than forty (40) +days from the date on which the questionnaires were sent to them in accordance with Article +11 hereof, or to the appropriate diplomatic representative of the exporting country. +2. Upon a well -substantiated request of the parties referred to in thi s Article, the period specified +in paragraph (1) of this Article may be extended for ten (10) days from the date of expiry of +the initial period. Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 12 + 3. A questionnaire shall be considered to have been received by an exporter or foreign producer +after seven (7) days from the date of sending or referring it to the appropriate diplomatic +representative of the country concerned . +4. The Department may refrain from reply ing to a questionnaire that is not submitted within the +time -limi t provided for replying and those which are not submitted in the requested form, +where it considers that the conditions for disregarding information under Article 26 hereof +have been met. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (13) +If the number of exporters, producers, importers, types of products or transactions under +investigation is substantially large to such extent which make such investigation impracticable, +the investigation may be limited to a representative sample of Relate d Parties , products under +investigation or transactions, by using statistically -valid samples based on either the information +available at the time of selection or the largest percentage of export volume, production, or sales +of the country concerned which can be reasonably verified during the period of the investigation. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (14) +1. All parties request ing to participate in the investigation as Related Parties within the time -limit +stated in the notice of initiation of the investigation shall have equal opportunity to defend +their interests. Public hearings may be held to present their views and arguments, taking into +consideration the need to protect the confidential information. +2. There shall be no obligation on any interested party to attend public hearin gs, and failure to +do so shall not be prejudicial to that interested party’s case. +3. All parties request ing to participate in the investigation as interested party within the time - +limit stated in the notice of initiation shall have equal opportunities, whenever practicable, +upon a written request, to access the information related to the investigation and that used to +reach the findings of the investigation, in accordance with the rules concerning confidential +information contained in the Law and hereof. + Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 13 + " +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (15) +1. The Department shall keep records of the hearings and shall keep them in the general file, with +the exception of confidential information. +2. All Related Parties participating in the public hearing and furnishing a reasonable reason, shall +have the right to p rovide other oral information related to the investigation. However, such +information shall not be taken into account in the investigation unless it is subsequently +submitted in writing no later than ten (10) days after the date of public hearing. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (16) +Related Parties wishing to attend a public hearing shall notify the Department at least seven (7) +business days before the date of the public hearing of the names of their representatives who will +attend the hearing as well as the written argu ments and information to be provided at the hearing. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (17) +Public hearings held in accordance with the provisions hereof shall be chaired by the +Department’s Director or his representative , in order to take the necessary measures to protect +confidential data and statistics. Public hearings shall be organized in a manner to ensure that all +participating parties have adequate opportunities to present their views. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (18) +1. Subject to the approval of the companies concerned and the no object ion of the country +concerned after notifying its representatives, the Department may conduct field visits outside +the State to verify the information provided and to obtain further details regarding the data +and information required by the investigation in the complaint submitted in accordance with +the provisions hereof. +2. The Department may conduct field visits within the State so as to verify the information +provided and obtain further details regarding the data and information required by the +investigation in the complaint submitted in accordance with the provisions hereof. Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 14 + 3. The procedures and provisions set forth in Annex I of the WTO Agreement on the +Implementation of Article VI of the General Agreement on Tariffs and Trade of 1994 and +Annex V I of the Agreement on Subsidies and Countervailing Measures shall apply to the visits +conducted under this Article. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (19) +1. Any information , which is by nature confidential, or which is provided on a confidential basis +by Related Parties , shall be tr eated as confidential, upon a reasonable cause. In this case, such +information shall not be disclosed without a written and express permission of the submitting +party. +2. Related Parties providing confidential information shall be required to furnish reasons +supporting such a confidential treatment and non -confidential summaries thereof. Such +summaries shall include sufficient details to permit a reasonable understanding of the +substance of the information submitted in confidence. +3. In exceptional circumstances, any of the Related Parties may indicate that confidential +information susceptible of the summary . In such cases, a statement of the reason (s) shall be +provided. +4. If it is found that the request for confidentiality is not warranted, and if the party providing the +information is either unwilling to make the information public or to authorize its disclosure in +general or summary form, such information, may be disregarded unless it c an be satisfactorily +demonstrated by appropriate sources that the information is correct. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (20) +1. The Department shall prepare an initial report of results no later than one hundred and eighty +(180) days after initiation of the investigation. The Dep artment also shall prepare a final report +one hundred and eighty (180) days from the date of the preliminary report, which shall +include all information, clarifications, notices, and declarations issued by the Department at +that time, as well as the extent of availability of the standards, requirements and conditions +stipulated herein. Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 15 + 2. The Department shall provide the results referred to in this Article in reports that contain +suffici ent details about the results of all law and fact matters and shall explain the reasons on +which such results were reached, taking into account the rules for the protection of +confidential information. +3. All Related Parties may submit comment and defence to preliminary reports or any +announced results during the investigation and before the final results are reached , no later +than fifteen (15) days from the date of publi shing or make the same available . + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (21) +In light of the report of the Department referred to in article (20) hereof and the recommendation +of the Advisory Committee, and no later than thirty (30) business days from the date of sending +the report, the Minister or his delegate shall issue one of t he following decisions: +1. Terminating the investigation without imposing measures, where it is found that there is no +sufficient evidence of practices of dumping, subsidy, or unjustified increase s of imports, or +absence of injury, or the absence of a causal relationship between the practice and injury; or +2. Imposing provisional measures or any related measures, where it is found that there is an +evidence of practices of dumping, subsidy or unjustified increase s of imports and injury, and +presence of a causal relationship is established. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (22) +Upon the decision of the Minister or his delegate to terminate the investigation without imposing +measures, the Department shall notify the complainant and publish a public notice in the Official +Gazette or the State’s two most popular newspapers, including the following information: +1. Identity of the complainants and the domestic products for which the investigation was +requested . +2. Identifying products under in vestigation. +3. Reasons for termination. + + Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 16 + " +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (23) +In all cases , the investigation shall be completed within twelve (12) months from its date of +initiation thereof . In exceptional cases, the Minister or his delegate may extend this period for no +more than six (6) months. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (24) +Upon the decision to impose measures, whether provisional or definitive, the Department shall +notify the complainant and issue a public notice of the decision in the Official Gazette the State’s +two most popular newspaper s, which shall , taking into consideration confidentiality +requirements, contain the following information: +1. The identity of the parties subject to the measures. +2. Identifying the products subject to the measures. +3. A summary of the reasons resulting in the imposition of measures. +4. The form, level, and duration of the measures. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (25) +1. Notifications, correspondence, inquiries and other communications shall be sent to the +Related Parties known within the State by a registered mail with the knowledge of receipt to +the party concerned or its legal representative. +2. The above -mentioned notification sent to the known Related Parties in foreign countries shall +be served through their diplomatic representatives or authorized consuls in the State. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (26) +1. In cases where an interested party refuses or fails to provide the required info rmation or fails +to provide the same within the specified periods or in the approved forms, or impedes the +conduct of investigation by any means whatsoever , initial and final determinations, whether +affirmative or negative, may be taken on the basis of the information available. +2. If any interested party provides false or misleading information, such information shall be +disregarded, and available information may inste ad be used. Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 17 + 3. For the purpose of applying this Article, applicable procedures and provisions set forth in +Annex II of the WTO Agreement on Implementation of Article VI of the General Agreement on +Tariffs and Trade 1994 shall be taken in consideration. + +Secti on Two +Anti -Dumping +Chapter One +Determinations of Dumping +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (27) +1. The normal value shall be calculated based on the comparable price paid or payable, in the +ordinary course of trade, for sales of similar product by independent customers in the +domestic market of the exporting country. +2. Notwithstanding paragraph 1 above, where a product under investigation is not imported +directly from the country of origin but is exported to the State from an intermediate country, +the normal value shall be established on the basis of comparable price paid or payable, in the +ordinary course of trade, in the domestic market of the country of origin if the products are +not produced in the exporting country (i.e., the products are merely transhipped through the +exporting country), or there is no comparable price for them in the exporting country. +3. In the case of an association, par tnerships agreements or a compensatory arrangement or +other related arrangements form of compensatory arrangement among Related Parties , prices +among them may be considered to be not in the ordinary course of trade and may not be used +to establish normal value. +4. Sales of the similar product destined for consumption in the domestic market of the exporting +country shall be considered to be of sufficient quantity for the determination of the normal +value if such sales constitute five percent (5%) or mor e of the export sales volume of the +product under investigation to the State. However, a volume of sales lower than five percent +(5%) of sales may be used if the Department is satisfied, based on the evidence to be submitted +or otherwise available, that th e sales of such lower volume are nonetheless of sufficient +magnitude to provide for proper comparison. Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 18 + 5. When there are no sales of the similar product in the ordinary course of trade in the domestic +market of the exporting country, or when a proper comparis on cannot be made under such +sales due to the particular market situation or the low volume of the sales in the domestic +market of the exporting country, the normal value of the similar product shall be established +on the basis of the cost of production in the country of origin plus a reasonable amount for +administrative selling and general costs as well as for profit margin, or on the basis of export +price, in the ordinary course of trade, to an appropriate third country, provided that this price +is reason able. +6. Sales of the similar product in the domestic market of an exporting country or export sales to +a third country at prices below per unit either fixed and variable, costs of production plus +administration, selling and general costs shall not be treated as being in the ordinary course of +trade by reason of price, and; thereby, may be disregarded in determining the normal value, +only if it is determined that such sales were made: +a. Within an extended period of time, which shall normally be for one (1) year and shall in +no case be less than six (6) months. +b. In substantial quantities, when it is established that the weighted average selling price of +the transactions under consideration for the determination of the normal value is below +the weighted average unit cost, or that the volume of sales below cost is not less than +twenty percent (20%) of sales under consideration for the determination of the normal +value. +c. At prices which do not provide for recovery of all costs within a reasonable period of time, +if pric es which are below per unit costs at the time of sale are above the weighted average +per unit cost for the period of investigation, such prices shall be considered as providing +for recovery of costs within a reasonable period of time. +7. Where the country exporting the product under investigation is a non -market economy +country, normal value may be determined on the basis of: - (1) the comparable price paid or +payable or constructed normal value, in the ordinary course of trade, for sales of the simi lar +product when destined for consumption in a market economy of a third country; (2) the +comparable price paid or payable, in the ordinary course of trade, for exports of the similar +product from such a market economy of the third country to other countri es, including the Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 19 + State; or (3) any other reasonable basis including the price actually paid or payable in the State +for the similar product , duly adjusted if necessary to include a reasonable profit margin. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (28) +1. The export price shall be determin ed on the basis of the price paid or to be paid for the product +under investigation when it is sold for export from the exporting country to the domestic +market. +2. In cases where there is no export price of the product under investigation or where it appears +that the export price is unreliable because of association or a compensatory arrangement +between the exporter and the importer or a third party, the export price may be constructed +on the basis of the price at which the imported products are resold to fir st independent buyer, +or if those products are not resold to an independent buyer, or not resold in the condition as +they were imported, or any reasonable basis. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (29) +1. A fair comparison shall be drawn between the export price and the normal value. +2. This comparison shall be drawn at the same level of trade, normally at the ex -factory level, +and in respect of sales made as close as possible to the same time and with due account to be +taken in consideration, the settlements for differences which affect price comparability. This +comparison includes differences in conditions and terms of sale, physical characteristics, +import charges, taxation, quantities, level of trade, and any other differences which are +claimed and also demonstrated by Related P arties to affect prices and price comparability. +3. If the export price is determined on the basis of the selling price of the product under +investigation to the first independent buyer in the domestic market, the allowances for costs, +including duties and ta xes, incurred by importation and resale, as well as profit margins +accruing, shall also be made. In the case that price comparability has been affected, the normal +value shall be calculated at a level of trade equivalent to the level of trade of the constr ucted +export price or due allowances shall be made for the differences mentioned in this Article. + Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 20 + " +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (30) +1. The margin of dumping shall be normally determined during the investigation period, on the +basis of a comparison between the weighted average of the normal value and the weighted +average of export price, for all exports of the product under investigation to the domestic +market, or by comparing the normal value and the export price on transaction -by-transaction +basis. +2. A normal value estab lished on a weighted average basis may be compared to prices of +individual export transactions to the domestic market, if there is a pattern of export prices +which differ significantly among different purchasers, regions or time period, and if using the +methods in paragraph 1 would not reflect the total margin of dumping properly. +3. Dumping margin shall be determined based on the amount by which the normal value +exceeds the export price. An individual dumping margin shall be determined for each known +exporter or producer concerned by the product under investigation. +4. Subject to the provisions of paragraph (3) of this Article, in cases where the number of +exporters, producers, importers, or types of products involved or trade transactions is +substantially large to such extent which make s it impracticable to determine an individual +dumping margin for each known exporter or producer, the investigation may be limited to an +examination of a reasonable number of Related Parties , products or transactions by using +sampl es which are statistically valid on the basis of information available at the time of the +selection, or through the largest percentage of the volume of production, sales or exports +which can reasonably be investigated within the given time -limit. +5. When an i nvestigation is limited to a given sample in accordance with this Article and Article +13, any anti -dumping measures applied to imports from exporters or producers which have +made themselves known but not included in the sample shall not exceed the weighted +average dumping margin established with respect to the selected exporters or producers +provided that any zero, minimal margins, and margins established in circumstances referred +to in Article 26 hereof shall be disregarded. +6. In cases where the examination is limited in accordance with this Article and Article 13, +individual determinations of dumping margin sha ll be made for any exporter or producer not +initially selected who submits the necessary information within the time -limit for that Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 21 + information to be considered during the investigation, except where the number of exporters +or producers is so large that in dividual examinations would be unduly burdensome to the +authorities and prevent timely completion of the investigation. + +Chapter Two +Identification of Injury +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (31) +A material injury to domestic industry shall be identified based on an objective exam ination of all +positive evidence, including: +1. The volume of dumped imports and their impact on the prices of the sale of similar product s +in the domestic market as evidenced by the following: +a. With regard to the volume of dumped imports, consideration shall be made to whether +there has been a significant increase in dumped imports, either in absolute terms or +relative to production or consumption in the State’s market. +b. With regard to the effect of imports dumped on the prices of the sale o f the similar product +in the domestic market, consideration shall be made to whether: +- There has been a significant price undercutting in such dumped imports when +compared with the price of the domestic similar product ; +- There has been a significant price un dercutting in the domestic similar product by such +dumped imports; or +- The effect of such imports is to prevent price increases, which otherwise would have +occurred, to a significant degree. +c. No one or several of the factors identified in paragraph 1 of this Article can necessarily +provide decisive guidance to material injury. +2. The impact of the dumped imports on the domestic industry involved, through an evaluation +of all relevant economic factors and indices having a bearing on the state of the industry, +including: +a. Actual and potential decline in sales, profits, production, market share, productivity, return +on investments, or utilization of capacity; Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 22 + b. Factors affecting the domestic market prices; actual and potential negative effects on cash +flow, inventories , employment, wages, investment, growth and ability to increase capital; +and +c. The magnitude of the dumping margin. +d. This list is not exhaustive, nor can any one or more of these factors necessarily give +decisive guidance to the occurrence of material injury. +3. The impact of the dumped imports shall be assessed in relation to the domestic production of +the similar product , when available data allow separate identification of that production on +the basis of criteria such as the production process and produ cers' sales and profits. If such +separate identification of production is not possible, the evaluation of the impact of dumped +imports shall be undertaken by searching in narrowest group or range of products which +include the similar product on which the n ecessary information can be provided. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (32) +1. A threat of material injury on the domestic industry shall be identified on facts and not merely +on allegation, conjecture or remote possibility and on an examination of whether such injury +is clearly for eseen and imminent, subject to the following: +a. A significant rate of increase of dumped imports into the domestic market indicating the +likelihood of substantially increased importations; +b. Sufficient production capacity of the exporter or an imminent, substantial increase in such +capacity indicating the likelihood of substantially increased dumped exports to the +domestic market, taking into account the availability of other export markets to +accommodate any additional exports; +c. Whether imports are entering at prices that will have a significant depressing or +suppressing effect on domestic prices and would likely increase demand for further +imports; and +d. Inventories of the product under investigation. +2. Other relevant factors that are supported by s ufficient evidence may be taken into +consideration. However, no one or several of these factors listed above, alone or in +combination, can necessarily give decisive guidance but the totality of the factors considered Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 23 + shall lead to a conclusion that more du mped exports are imminent and that, unless +countervailing measures action are taken, the material injury will occur. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (33) +1. It shall be verified that injuries caused to the domestic industry are resulting from dumped +imports and they are not related to other reasons. +2. Known factors other than dumped imports, which are at the same time injuring the domestic +industry, shall be examined, and injuries caused by these other factors shall not be attributed +to the dumped imports. Factors which may be relevan t in this respect include, inter alia: +a. The volume and prices of imports not sold at dumped prices. +b. Contraction in demand or changes in the patterns of consumption. +c. Commercial restriction and competitions between domestic and foreign producers. +d. Developments in technologies. +e. Development of export performance and productivity of the domestic industry. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (34) +Where imports of a product from more than one country a re simultaneously subjected to an anti - +dumping investigation, the effects of such imports shall be cumulatively assessed only if it is +determined that: +1. The margin of dumping established in relation to the imports from each country is more than +the minimal dumping margin, two percent (2%) or more of the export price; +2. The volume of the dumped imports from each country is not negligible, which three percent +(3%) or more from total of the State’s imports of the product under investigation; and +3. A cumulative assessment of the effects of the imports is appropriate in light of the conditions +of competition among the imported products from concerned countries, and the conditions +of competition among the imports and the like domestic product. + + + Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 24 + " +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (35) +An immediate termination of the investigation shall be recommen ded without imposing +measures in any of the following cases: +1. Withdrawal of the complaint, unless where such termination is against the State’s interest. +2. There is no sufficient evidence for the existence of dumping, injury or causal relationship +between the m to justify the continuation of an investigation. +3. When the dumping margin is minimal, i.e. less than two percent (2%), expressed as a +percentage of the export price. +4. If the volume of dumped imports of the product under investigation from a particular country +is negligible; i.e. less than three percent (3%) of the total imports of the product under +investigation to the domestic market, unless imports from all countries under investigation +which individually account for less than three percent (3%) of the total imports of the product +under investigation collectively account for more than seven (7%) percent of imports of the +product under investigation to the domestic market. + +Chapter Three +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (36) +Anti -Dumping Measures +1. The Minister or his delegate may, upon the recommendation of the Advisory Committee, +impose provisional anti -dumping measures if: +a. An investigation has been initiated and public notice has been published in the Official +Gazette or the State’s two most popular daily newspapers . +b. Related Parties have been given adequate opportunity to submit information and make +comments; and +c. An initial affirmative determination of dumping indicates that there is a consequent injury +to the domestic industry , and provisiona l measures are necessary to prevent injury being +caused during the investigation. However, an initial negative determination of dumping +does not necessarily lead to terminating the investigation; however, in such a case, no +provisional measures shall be im posed. Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 25 + 2. Provisional measures may take the form of provisional customs duties or, preferably, take the +form of cash deposits or guarantee bonds that are not greater than the dumping margin +provisionally estimated amount, provided that provisional measures sh all not be applied +sooner than 60 days from the initiation of the investigation. +3. The application of provisional measures shall be limited to as short a period as possible; not +exceeding four (4) months and may be extended for further two (2) months as requ ested by +exporters representing a significant percentage of the trade of the concerned product or upon +no objection when notifying those exporters by the Department. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (37) +1. The Minister or his delegate , on the recommendation of the Advisory Committee, shall impose +final anti -dumping duties , provided not exceeding the margin of dumping set in accordance +with the provisions hereof. +2. Final anti -dumping duties shall be imposed on all sources found to be dump ed and causing +injury to the domestic industry, except for imports from those sources from which price +undertakings have been accepted. +3. In the event that provisional anti -dumping measures are imposed, the proposal to impose the +definitive measures shall be submitted to the Minister or his delegate no later than 30 days +prior to the expiry of the period of the provisional measures. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (38) +1. Anti -Dumping duties shall remain in force only for the period and limit necessary for anti - +dumping that causes inj ury. +2. Final anti -dumping duties shall expire not later than five (5) years from their imposition or, if +earlier, five (5) years from the date of the conclusion of the most recent review that was +initiated and addressed both the dumping and injury, and if it is determined in such a review +that the expiry would be likely to lead to a continuation or recurrence of dumping and injury. + + Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 26 + Chapter Four +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (39) +Undertakings +1. Upon the approval of the Minister or his delegate , an investigation may be suspended or +terminated without imposing anti -dumping measures when the Department receives a +satisfactory voluntary undertaking from any exporters, which eliminates the injurious effect +of the dumping. Such undertakings shall take any of the following for ms: +a. The commitment by an exporter to increase prices of the product under investigation into +the State in order to eliminate the dumping margin. +b. The commitment by an exporter to cease exports at dumped prices to the State of the +products under investigatio n. +2. Price undertakings shall not be sought or accepted from exports unless an initial affirmative +determination of dumping, injury, and a causal relationship has been made. +3. Undertakings offered shall not be accepted if their acceptance is considered impractical, as for +the number of actual or potential exporters is too great, or for any other reasons, including +reasons of general policy. Should the case arise and when practic able, the exporter shall be +provided with the reasons that have led to a consideration that the acceptance of an +undertaking would be inappropriate and shall, to the extent possible, be given an opportunity +to make written comments thereon. +4. Parties providi ng a price undertaking shall submit a non -confidential version of such +undertakings, so that it may be made available to Related Parties of the investigation on +request. +5. Price undertakings may be suggested by the Department to exporters; however, no export er +shall be forced to enter into such undertakings. The fact that exporters do not offer or accept +such undertakings shall in no way prejudice the consideration of the case. However, it may be +determined that a threat of injury is more likely to be realize d if the dumped imports continue. + + + Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 27 + " +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (40) +1. Price in export prices under such price undertakings shall be proportionate to the extent +necessary to eliminate the margin of dumping. Price undertakings shall remain in force only +as long as they are necessary to counteract the injurious effect of the dumping. +2. Where price undertakings are accepted, the investigation of dumping and injury shall +nevertheless be completed if an exporter so desires or the Department so decides. In such a +case: +a. If a negativ e determination of dumping or injury is made by the Minister or his delegate , +the price undertaking shall automatically lapse. Except in cases where such a +determination is due in large part to the existence of such an undertaking. In such cases, it +may be required that an undertaking is maintained for a reasonable period consistent with +the provisions hereof. +b. In the event that an affirmative determination of dumping and injury is made by the +Minister or his delegate , the undertaking shall remain effective under its terms and the +provisions hereof. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (41) +1. Exporter whose undertakings have been accepted shall provide periodically to the +Department information relevant to the fulfilment of such undertakings and shall permit +verification of pertinent data. Failure to comply with such requirements shall be deemed to be +a violation of the undertakings. +2. If it is found that the price undertaking is violated, the Department may submit a +recomm endation to the Minister to impose provisional measures in accordance with Article +36 hereof, on the basis of the best information available. In such a case, final anti -dumping +duties may be retroactively levied on products entered for consumption, from th e date of +violation, with no more than ninety (90) days before the application of provisional measures. +3. If it is found that the price undertaking is violated by any exporter, the Minister or his delegate +may forthwith impose the provisional or definitive m easures which have been already +imposed on other exporters; provided that the exporter has been granted an opportunity to +comment and unless it has withdrawn the undertakings. Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 28 + Chapter Five +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (42) +Retroactive Application +1. Provisional measures and final anti -dumping duties shall only be applied to products +imported for consumption from the effective date of imposition, subject to the exceptions in +paragraph 2 of this Article, and Articles 44 and 45 hereof. +2. The Minister or hi s delegate may, upon on a proposal by the Advisory Committee, impose final +anti -dumping duties retroactively as of the period in which provisional measures have been +applied, where: +a. A final determination of material injury has been made; or +b. A final determination of threat of material injury has been made where it is found that the +provisional anti -dumping measures prevented the occurrence of the material injury. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (43) +1. Where the final anti -dumping duties are higher than the provisional duties paid or payable, or +the amount estimated for the purpose of security, the difference shall not be collected. If the +definitive duties are lower than the provisional duty paid or payable, or the amount estimated +for the purpose of security, the difference shall be reimbursed, or the duties recalculated. +2. Where a final determination is negative, any cash deposit made during the period of the +application of provisional measures shall be refunded and any bonds shall be expeditiously +released. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (44) +Notwithstanding paragraph 2 (b) of Article 42 hereof, where a final determination of threat of +material injury or material impediment has been made, but no injury has yet occurred, final anti - +dumping duties may be imposed only from the date of the final de termination of a threat of +material injury or material impediment . Any cash deposit made during the period of the +application of provisional measures shall be refunded and any bonds shall be expeditiously +released. Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 29 + " +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (45) +Final anti -dumping duties may be levied on products which were imported to the State for +consumption not more than ninety (90) days prior to the date of application of provisional +measures, but not prior to the date of initiation of the investigation provided th at: +1. There is a history of dumping for the product under investigation prior to the period of +investigation initiation or that the importer was, or should have been aware, that the exporter +practices dumping and that such dumping would cause injury . +2. The inj ury is caused by increased dumped imports of a product in a relatively short period of +time which, in light of the timing and the volume of the dumped imports and other +circumstances such as a rapid build -up of inventories of the imported product, is likel y to +seriously undermine the remedial effect of final anti -dumping duties to be applied, provided +that the importers concerned have been given an opportunity to comment . +3. The Minister or his delegate may, after initiating an investigation, take such measures as +withholding of appraisement or assessment as may be necessary to collect anti -dumping +duties retroactively, as provided in this Article, once it has sufficient evidence that the +conditions set forth in this Article are satisfied. + +Chapter Six +Reconsideration of Anti -Dumping Measures +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (46) +1. At any time and where warranted, the Minister or his delegate may , on its own initiative, at +the request of the Department, or on a proposal of the Advisory Committee, reconsider the +need for continuing the imposition of the final anti -dumping duties . Any interested party may +submit a written request to review the need for continuing the imposition of the final anti - +dumping duties , provided that a reasonable period of time of at least one year has elapsed +since the imposition of the final anti -dumping duties . The request shall contain positive +information substantiating the need for such a review. +2. The Department shall publish a notice of the initiation of the review in the Official Gazette or +the State’s two most popular daily newspapers. Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 30 + 3. A proposal of actions of the Advisory Committee shall be submitted by the Department to the +Minister or his delegate no later than thirty (30) days prior the expiration of the review. The +proposal shall include any of the following: +a. to repeal the anti -dumping measures immediately if the review concluded that the +imposition of anti -dumping duties is no longer warranted ; or +b. to maintain or amend the anti -dumping measures if the review concluded that dumping +and/or injury would be likely to continue or recur if the measures were terminated. +4. Such review shall be carried out expeditiously and shall normally be concluded within twelve +(12) months of the date of initiation thereof. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (47) +1. In cases where products exported to the State are subject to final anti -dumping duties , a +review shall be forthwith carried out for the purpose of determining individual dumping +margins for new exporters or producers in the exporting country in question, w ho did not +export the product to the State during the period of investigation; provided that these +exporters or producers prove that they are not related to any of the exporters or producers in +the exporting country who are subject to the anti -dumping duti es. +2. No anti -dumping duties may be levied on imports from the exporters or producers referred to +paragraph (1) of this Article while the review is being carried out. However, the Minister or his +delegate may, upon a proposal of the Department, withhold cust oms valuation or request +guarantees to ensure that, should such a review result in a determination of dumping in +respect of such producers or exporters, anti -dumping duties can be levied retroactively to the +date of the initiation of the review. +3. Such a rev iew shall be forthwith initiated and carried out and shall normally be completed +within nine (9) months from the initiation, and, in the longest cases , no later than twelve (12) +months of the date of initiation of the review. + + + + Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 31 + " +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (48) +1. The Minister or his delegate shall, on its own initiative, upon a proposal of the Advisory +Committee or upon a duly substantiated request made by or on behalf of the domestic +industry, no later than three (3) months prior to the expiry of the final anti -dumpin g duties , +decide to initiate a review to determine that the expiry of such duties would be likely to result +in a continuation or recurrence of dumping and injury. +2. The anti -dumping duties shall remain in force until the end of the review. +3. A proposal of acti ons of the Advisory Committee shall be submitted by the Department to the +Minister or his delegate no later than thirty (30) days prior the expiration of the review. The +proposal shall include any of the following: +a. to repeal the anti -dumping duties immedia tely if the review concluded that the imposition +of anti -dumping duties is no longer warranted ; or +b. to continue the definitive anti -dumping measures if the review concluded that dumping +and injury would be likely to continue or recur if the measures were te rminated. +4. Any such review shall be carried out expeditiously and shall normally be concluded within +twelve (12) months of the date of initiation thereof. +5. During the review, Related Parties shall be provided the opportunity to provide their +comments, and th e conclusions shall be reached with due account taken of all evidence and +information presented in relation to the question of whether the expiry of such measures +would be likely, or unlikely to lead to the continuation or recurrence of dumping and injury. +6. A notice of the initiation of the expiry review of anti -dumping measures shall be published in +the Official Gazette or the State’s two most popular daily newspapers. +7. The provisions of Articles 46, 47 and 48 hereof shall be applied to price undertakings. + + + + + + + Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 32 + Section Three +Subsidy and Countervailing Measures +Chapter One +Identifying Availability of Subsidy +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (49) +A subsidy shall be deemed to have existence if: +1. There is direct or indirect financial contribution, by the government of the country of origin or +export or a public body, that confers a benefit upon the recipient, i.e. where the government: +a. Conducts a direct transfer of funds (e.g. grants and loans), or potential direct transfers of +funds or liabilities (e.g. loan guarantees) . +b. Waives the government accrued revenue s or aband ons to collect them , such as tax +deduction . +c. Provides goods or services other than public infrastructure, or purchases goods . +d. Makes payments by a funding mechanism, or entrusts or directs a private body to carry +out one or more of the type of functions mentioned in (a), (b) and (c) above which, would +normall y be vested in the government and the practice in no real sense, differs from +practices normally followed by governments; or +2. Any form of subsidy that would support income or price in the sense of Article XVI of GATT +1994. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (50) +1. A subsidy, as defined in Article 49 hereof, shall be deemed a specific subsidy that gives rise to +countervailing measures as defined in paragraphs 2, 3 and 4 of said Article. +2. In order to determine whether a subsidy is specific to an enterprise or industry or group of +enterprises or industries (hereinafter referred to as “certain enterprises”) within the +jurisdiction of the granting authority, the following principles shall apply: +a. Where the granting authority, or the legislation pursuant to which the grantin g authority +operates, explicitly limits access to a subsidy to certain enterprises, such subsidy shall be +specific . Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 33 + b. Where the granting authority, or the legislation pursuant to which the granting authority +operates, establishes objective criteria or condit ions governing the eligibility for a subsidy +and its amount, specificity in this case shall not exist, provided that the eligibility is +automatic and that such criteria and conditions are strictly adhered to; +c. Notwithstanding any appearance of non -specifici ty resulting from the application of the +principles set forth in subparagraphs (a) and (b), if there are reasons that the subsidy may , +in fact, be specific, other factors may be considered. Such factors are: +- Use of a subsidy program by a limited number of certain enterprises or predominant +use by certain enterprises; or +- The granting authority gives disproportionately large amounts of subsidy to certain +enterprises when compared with other enterprises, and the method such authority +adopts when excising the p owers conferred to it on determining the granting of +subsidy, taking in consideration the diversification of economic activities within the +jurisdiction of the granting authority, as well as of the length of time during which the +subsidy program is being a pplied. +3. A subsidy shall be specific when it is limited to certain enterprises located within a designated +geographical region within the jurisdiction of the granting authority, noting that the +establishment or change of generally applicable tax rates by al l levels of government entitled +to do so shall not be deemed to be a specific subsidy for the purpose hereof. +4. Subject to paragraphs 2 and 3 of this Article, the following subsidies shall be deemed to be +specific by their nature: +a. Subsidies that are contingent, in law or in fact, upon the level of exporting performance , +whether solely or as one of several other conditions. +b. Subsidies that are contingent, whether solely or as one of several other conditions , upon +the use of domestic over import ed goods. + + + + + Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 34 + Chapter Two +Calculation of Subsidy Amount +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (51) +The amount of subsidy shall be calculated based on the following : +1. Determining the total subsidy amount received by the foreign producer or exporter recipient, +including the subsidy amount received during the period of investigation. +2. Determining the individual amount of subsidy for each known foreign producer or exporter +for the product under investigation. +3. Subject to the provisions of paragraph (2) of this Article, in cases where the number of +exporters, producers, importers, or types of products involved or trade transactions is so large +as to make it impracticable to de termine an individual subsidy amount for each known +exporter or producer, the investigation may be limited to an examination of a reasonable +number of Related Parties , products or transactions by using samples which are statistically +valid on the basis of information available at the time of the selection, or on the basis of the +largest percentage of the volume of production, sales or exports which can reasonably be +investigated within the given time -limit. +4. Deducing from the calculated subsidy amount any fe es or costs incurred in order to qualify +for, or to obtain the subsidy, or export taxes, duties or other charges levied on the export of +the product under investigation to the State. +5. The amount of subsidy shall be calculated per unit of the product under investigation +exported to the State. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (52) +The amount of subsidy received by a recipient shall be calculated based on the benefit conferred +on the recipient. With regard to the calculation of benefit to the recipient, the following rules shall +apply: +1. Government provision of equity capital, including risk capital, shall not be considered to +confer a benefit unless the investment can be regarded as inconsistent with the usual +investment practice of private investors in the exporting country . Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 35 + 2. Loans provided by a foreign government shall not be considered to confer a benefit unless the +amounts repaid by the loan recipient are lower than such amounts repaid by a recipient of a +like commercial loan that can be obtained on the market. In that even t, the benefit shall be the +difference between these two amounts . +3. Loans guarantee by a foreign government shall not be considered to confer a benefit, unless +the amounts repaid by the loan recipient, under the government guarantee, are lower than +such amou nts repaid by a recipient of a like commercial loan in the absence of the government +guarantee. In this case, the benefit shall be the difference between these two amounts, to be +adjusted for any differences in fees or charges; and +4. The provision of goods o r services or purchase of goods by a government shall not be +considered to confer a benefit unless the provision is made for less than adequate return or +the purchase is made for more than adequate return. The adequacy of return shall be +determined in rela tion to prevailing market conditions for the product or service in question +in the country of export or purchase, including price, quality, availability, marketing, +transporting and other sales and purchasing conditions. + +Chapter Three +Identification of Injury +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (53) +A material injury to domestic industry shall be identified based on an objective examination of all +positive evidence, including: +1. The volume of subsidized imports and their impact on the prices of the sale of similar p roduct s +in the domestic market as evidenced by the following: +a. With regard to the volume of subsidized imports, consideration shall be made to +whether there has been a significant increase in subsidized imports, either in absolute +terms or relative to production or consumption in the State’s market. +b. With regard to the effect of subsidized dumped on the prices of the sale of the similar +product in the domestic market, consideration shall be made to whether: Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 36 + - There has been a significant price undercutting in subsidized imports as compared +with the price of a domestic similar product s. +- There has been a significant price decline in the domestic similar product ; or +- The effect of such imports is to prevent price i ncreases in the domestic similar +product s, which otherwise would have occurred, to a significant degree. +c. No one or several of the factors identified in this paragraph can necessarily provide +decisive guidance to material injury. +2. The impact of the subsidize d imports on the domestic industry involved, through an +evaluation of all relevant economic factors and indices having a bearing on the state of the +industry, including: +a. Actual and potential decline in sales, profits, production, market share, productivity , +return on investments, or utilization of capacity . +b. Factors affecting the domestic market prices; actual and potential negative effects on +cash flow, inventories, employment, wages, investment, growth, and ability to increase +capital; and +c. In case of agric ulture products, whether there has been an increased burden on +government support programs. +d. This list is not exhaustive, nor can any one or more of these factors necessarily give +decisive guidance to the occurrence of material injury. +3. The impact of the sub sidized imports shall be assessed in relation to the domestic production +of the similar product , when available data allow separate identification of that production on +the basis of criteria, such as the production process and producers' sales and profits. If such +separate identification of production is not possible, the evaluation of the impact of subsidized +imports shall be undertaken by searching in narrowest group or range of products which +include the similar product on which the necessary information can be provided. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (54) +1. A threat of material injury on the domestic industry shall be i dentified based on the facts rather +than merely allegation s, conjecture, or unreasonable possibility and on an examination of +whether such injury is clearly foreseen and imminent, subject to the following: Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 37 + a. Nature of the subsidy in question and trade effects likely to arise therefrom . +b. A significant rate of increase of subsidized imports into the domestic market indicating the +likelihood of substantially increased importations . +c. Sufficient production capacity of the exporter or an imminent, substantial i ncrease in such +capacity indicating the likelihood of substantially increased subsidized exports to the +domestic market, taking into account the availability of other export markets to +accommodate any additional exports . +d. Whether imports are entering at pri ces that will have a significant depressing or +suppressing effect on domestic prices and would likely increase demand for further +imports; and +e. Inventories of the product under investigation. +2. Other relevant factors that are supported by sufficient evidence may be taken into +consideration. However, no one or several of these factors listed above, alone or in +combination, can necessarily give decisive guidance but the totality of the factors considered +shall lead to a conclusion that more subsidized exports ar e imminent and that, unless +countervailing measures action are taken, the material injury will occur. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (55) +1. It shall be verified that injuries caused to the domestic industry are resulting from subsidized +imports and they are not related to other reasons. +2. Known factors other than subsidized imports, which are at the same time injuring the +domestic industry, shall be examined, and injuries caused by these other factors shall not be +attributed to the subsidized imports. Factors which may be rel evant in this respect include, +inter alia: +a. The volume and prices of non -subsidized imports . +b. Decline in demand or changes in the patterns of consumption . +c. Commercial restriction s and competitions between domestic and foreign producers . +d. Development of export performance and productivity of the domestic industry. + + Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 38 + " +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (56) +Upon determining the injury caused by subsidized imports from more than one country, the effect +of such imports shall be cumulatively assessed only if it is determined that: +1. The amount of subsidization established in relation to the imports from each country is more +than minimal . +2. The volume of the subsidized imports from each country is not negligible; and +3. A cumulative assessment of the effects of the imports is appropriate in light of the conditions +of competition among the imported products from interested countries, and the conditions of +competition among the imports and the like domestic product. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (57) +An immediate termination of the investigation shall be recommended without imposing +measures in any of the following cases: +1. Withdrawal of the complaint, unless where such termination is against the State’s interest . +2. There is no sufficient evidence for the existence of subsidization, injury, or causal relations hip +between them to justify the continuation of an investigation . +3. When the amount of subsidy is minimal , i.e. less than one percent (1%) of the amount. In case +of a subsidy from a developing country, the overall level of subsidies granted upon the product +in question shall not exceed two percent (2%) of its value calculated on a per unit basis . +4. The i nvestigation shall be immediately terminated if the volume of subsidized imports, actual +or potential is negligible. For the purpose of this Article, “negligibl e” means: +a. In cases of subsidized imports from developing countries, “negligible” means that the +volume of the subsidized imports represents less than four percent (4%) of the total +imports of the product under investigation to the State, unless imports fro m developing +countries whose individual shares of total imports represent less than four percent (4%) +collectively account for more than nine percent (9%) of the total imports of the product +under investigation to the State. +b. In cases of subsidized imports from developed countries, “negligible” means that the +volume of the subsidized imports represents less than one percent (1%) of the total +imports of the product under investigation to the State, unless imports from developed Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 39 + countries whose individual shar es of total imports represent less than one percent (1%) +collectively account for more than three percent (3%) of the total imports of the product +under investigation to the State. + +Chapter Four +Countervailing Measures +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (58) +1. The Minister or his delegate may, upon the recommendation of the Advisory Committee, +impose provisional countervailing measures if: +a. An investigation has been initiated and public notice has been published in the Official +Gazette or the State’s two most popular daily newspaper s. +b. Related Parties have been given adequate opportunity to submit information and make +comments; and +c. An initial affirmative determination of subsidy indicates that there is a consequent injury +to the domestic industry; and that such measures are necessary to prevent injury being +caused during the investigation. However, an initial negative determination of subsidy +does not necessarily lead to termination of an investigation; however, in such a case, no +provisional measures shall be imposed. +2. Provisional countervailing measures may take the form of provisional customs duties or, +preferably, take the form of cash depos its or guarantee bonds that are not greater than the +provisionally estimated amount, provided that provisional measures shall not be applied +sooner than 60 days from the initiation of the investigation. +3. Provisional Measures shall be imposed for the shortes t possible period not exceeding four (4) +months. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (59) +1. The Minister or his delegate , on the recommendation of the Advisory Committee, shall impose +final countervailing duties , provided not exceeding the amount of subsidy. Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 40 + 2. Final countervailing dutie s shall be imposed on all sources found to be subsidized and causing +injury to the domestic industry, except for imports from those sources from which price +undertakings have been accepted. +3. In the event that provisional countervailing duties are imposed, t he proposal to impose the +definitive measures shall be submitted to the Minister or his delegate no later than 30 days +prior to the expiry of the period of such provisional measures. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (60) +1. Countervailing duties shall remain valid only for such period and limit necessary to offset the +subsidy causing the injury. +2. Final countervailing duties shall expire not later than five (5) years from their imposition or, if +earlier, five (5) years from the date of the conclusion of the most recent review that was +initiated and addressed both the subsidy and injury, and if it is determined in such a review +that the expiry would be likely to lead to a continuation or recurrence of subsidy and injury. + +Chapter Five +Undertakings +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (61) +1. Upon the approval of the Minister or his delegate , an investigation may be suspended or +terminated without countervailing measures be imposed when the Department receives +satisfactory voluntary price undertaking s from any exporters, which eliminates the in jurious +effect of the subsidy. Such undertakings shall take any of the following forms: +a. Approval of the government of the exporting country to cancel or limit subsidization or to +take other measures limiting effects thereof. +b. The c ommitment of the exporter to review its prices so as to ensure that the adverse effects +of subsidy have been terminated. +2. Price undertakings shall not be sought or accepted from exports unless an initial affirmative +determination of subsidization, injury, and a causal relationship has been made. Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 41 + 3. Price u ndertaking offered shall not be accepted if their acceptance is considered impractical, +as for the number of actual or potential exporters is too great, or for any other reasons, +including reasons of general policy. Should the case arise and when practicable, the exporter +shall be provided with the reasons that have led to a consideration that the acceptance of an +undertaking would be inappropriate and shall , to the extent possible, be given an opportunity +to make written comments thereon. +4. Parties providing a price undertaking shall submit a non -confidential version of such +undertakings, so that it may be made available to Related Parties of the investigation on +request. +5. Price undertakings may be suggested by the Department to exporters; however, no exporter +shall be forced to enter into such undertakings. The fact that exporters do not offer or accept +such undertakings shall in no way prejudice the consideration of the case. However, it may be +determined that a threat of injury is more likely to be realized if the subsidized imports +continue. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (62) +1. Increases in export prices under such price undertakings shall be proportionate to the extent +necessary to eliminate the margin of subsidization. Price undertakings shall remain in force +only as long as they are necessary to counteract the injurious effect of such subsidization. +2. Where price undertakings are accepted, the investigation of subsidization and injury shall +nevertheless be completed if an exporter so desires or the Department so decides. In such a +case: +a. If a negative determination of dumping or injury is made by the Minister or his delegate , +the price undertaki ng shall automatically lapse. Except in cases where such a +determination is due in large part to the existence of such an undertaking. In such cases, it +may be required that an undertaking is maintained for a reasonable period consistent with +the provision s hereof. +b. In the event that an affirmative determination of subsidization and injury is made by the +Minister or his delegate , the undertaking shall continue consistent with its terms and the +provisions hereof. Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 42 + " +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (63) +1. Exporter , or governments of exporting countries whose undertakings have been accepted , +shall provide on periodical basis to the Department information relevant to the fulfilment of +such undertakings and shall permit verification of pertinent data. Failure to comply with such +requirements shall be deemed to be a violation of such undertakings. +2. If it is found that the price undertaking is violated by the exporter or the governments of +exporting countries, a recommendation shall be submitted to the Minister or his dele gate to +impose provisional countervailing measures in accordance with Article 58 hereof and on the +basis of the best information available. In such a case, final countervailing duties may be +retroactively levied on goods released from the date of violation , with no more than ninety +(90) days before the application of such provisional measures. +3. If it is found that the price undertaking is violated by any exporter, the Minister or his delegate +may forthwith impose the provisional or definitive countervailing measures which have been +already imposed on other exporters; provided that the exporter has been granted an +opportunity to comment and unless it has withdrawn the undertakings. + +Chapter Six +Retroactive Application +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (64) +1. Provisional measures and definitive countervailing measures and duties shall only be applied +to products imported for consumption from the date of imposition, subject to the exceptions +in paragraph 2 of this Article, and Articles 66 and 67 hereof. +2. The Minister or his delegate may, upon on a proposal by the Advisory Committee, impose +definitive countervailing measures duties retroactively for the period for which provisional +measures have been applied, where: +a. A final determination of material injury has been made; or +b. A final determi nation of threat of material injury has been made where it is found that the +provisional countervailing measures prevented the occurrence of the material injury. + Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 43 + " +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (65) +1. Where the final countervailing duties are higher than the provisional duties paid or payable, +or the amount estimated for the purpose of security, the difference shall not be collected. If +the definitive duties are lower than the provisional duties paid or payable, or the amount +estimated for the purpose of security, the difference shall be reimbursed, or the duties +recalculated. +2. Where a final determination is negative, any cash deposit made during the period of the +application of provisional countervailing measures shall be refunded and any b onds shall be +expeditiously released. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (66) +Notwithstanding paragraph 2 (b) of Article 64 hereof, where a final determination of threat of +material injury or material impediment has been made, but no injury has yet occurred, final +countervailing du ties may be imposed only from the date of the final determination of a threat of +material injury or material impediment . Any cash deposit made during the period of the +application of such provisional measures shall be refunded and any bonds shall be expeditiously +released. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (67) +Final countervailing duties may be levied on products which were imported to the State for +consumption not more than ninety (90) days prior to the date of application of the provisional +measures, but not prior to the d ate of initiation of the investigation provided that: +1. Irreparable injury caused by unjustifiable increases of imports within a relatively short period +of time from a producer benefiting from subsidy provided in accordance with the provisions +hereof. +2. If retroactive imposition of countervailing duties on such imports is necessary to prevent the +recurrence of the injury . + + Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 44 + Chapter Seven +Reconsideration of Countervailing Measures +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (68) +1. At any time and where warranted, the Minister or his delegate may, on its own initiative, at +the request of the Department, or on a proposal of the Advisory Committee, review the need +for continuing the imposition of the final countervailing duties . Any interested party may +submit a written request to review the need for continuing the imposition of the final +countervailing duties , provided that a reasonable period of time of at least one year has +elapsed since the imposition of the countervailing duties. The request shall contain positive +information substantiating t he need for such a review. +2. The Department shall publish a notice of the initiation of the review in the Official Gazette or +the State’s two most popular daily newspapers. +3. A proposal of actions of the Advisory Committee shall be submitted by the Department to the +Minister or his delegate no later than thirty (30) days prior the expiration of the review. The +proposal shall include any of the following: +a. To repeal the measures immediately if the review concluded that the imposition of such +duties are no longer warranted ; or +b. To maintain or amend the measures if the review concluded that subsidization and/or +injury would be likely to continue or recur if the measures were terminated. +4. Any such review shall be carried out expeditiously and shall normally be conclude d within +twelve (12) months of the date of initiation thereof. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (69) +1. In cases where products exported to the State are subject to final countervailing duties , a +review shall be forthwith carried out for the purpose of determining individual countervailing +margins for new exporters or producers in the exporting country in question, who did not +export the product to the State during the period of investigation; provided that these +exporters or producers prove that they are not relate d to any of the exporters or producers in +the exporting country who are subject to the countervailing duties. Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 45 + 2. No countervailing duties may be levied on imports from the exporters or producers referred +to paragraph (1) of this Article while the review is be ing carried out. However, the Minister or +his delegate may, upon a proposal of the Department, withhold customs valuation or request +guarantees to ensure that, should such a review result in a determination that no subsidy to +such producers or exporters, c ountervailing duties can be levied retroactively to the date of +the initiation of the review. +3. Such a review shall be forthwith initiated and carried out and shall normally be completed +within nine (9) months from the initiation, in all events, no later tha n twelve (12) months of +the date of initiation of the review. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (70) +1. The Minister or his delegate shall, on its own initiative, upon a proposal of the Advisory +Committee or upon a duly substantiated request made by or on behalf of the domestic +indus try, no later than three (3) months prior to the expiry of the final countervailing duties , +decide to initiate a review to determine that the expiry of such duties would be likely to result +in a continuation or recurrence of subsidy and injury. +2. Final count ervailing duties shall remain in force until the end of the review. +3. A proposal of actions of the Advisory Committee shall be submitted by the Department to the +Minister or his delegate no later than thirty (30) days prior the expiration of the review. The +proposal shall include any of the following: +a. To repeal the final countervailing duties immediately if the review concluded that the +imposition of such duties is no longer warranted ; or +b. To maintain or amend the final countervailing duties if the review concluded that subsidy +and/or injury would be likely to continue or recur if the measures were terminated. +4. Any such review shall be carried out expeditiously and shall normally be concluded within +twelve (12) months of the date of initiation thereof. +5. During the review, Related Parties shall be provided the opportunity to provide their +comments, and the conclusions shall be reached with due account taken of all evidence and +information presented in relation to the question of whether the expir y of final countervailing Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 46 + duties would be likely, or unlikely to lead to the continuation or recurrence of subsidy and +injury. +6. A notice of the initiation of the review of shall be published in the Official Gazette or the State’s +two most popular daily news papers. +7. The provisions of Articles 68, 69 and 48 hereof shall be applied to price undertakings. + +Section Four +Preventive Measures against Unjustifiable Increase of Imports +Chapter One +Identification of Injury +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (71) +1. A preventive measure may be taken to a product being imported irrespective of its source, if it +is established that such product is being imported in unjustifiable increased quantities, +whether absolute or relative to the State’s production, and under such conditions as to cause +or threaten to cause a serious injury to the domestic industry that produced like or directly +competitive products. +2. A determination of whether the unjustifiable increase of imports has caused or are threatening +to cause serious inju ry to the domestic industry shall be based on objective evidence and facts +and an existence of a causal relationship between such imports and serious injury or threat +thereof. This determination shall be made by evaluating all relevant, objective, and +quan tifiable factors affecting the position of the domestic industry, taking into consideration +the following factors: +a. Ratio and volume of increase of imports of the product under investigation, in absolute or +relative terms to the State’s production. +b. Impact o f such increased imports on the domestic industry, including volume of sales, +production, productivity, capacity utilization, inventories, profits, losses, labour and +market share. +c. A causal relationship between the increase of imports of the product under investigation +and the serious injury or threat thereof shall be identified. In the event that factors other Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 47 + than an increase in imports cause simultaneously injury to the domestic industry, such +injury may not be attributed to increased imports. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (72) +1. A threat of material injury on the domestic industry shall be identified on facts and not merely +on allegation, conjecture , or remote possibility and on an examination of whether such injury +is clearly foreseen and imminent. +2. In determining the ex istence of a threat of serious injury to the domestic industry, the +following shall be taken into account: +a. The r ate of increase of imports into the domestic market indicating the likelihood of +substantially increased importations . +b. The s ignificant export ca pacity of exporting countries or an imminent increase in such +capacity indicate s that exports may increase significantly in the domestic market. +c. The availability of other export markets, other than the domestic market, which +accommodates any additional exports. +d. Any other significant factors with sufficient indications. + +Chapter Two +Preventive Measures +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (73) +In the event of critical circumstances, the Minister or his delegate may, upon a recommendation +from the Advisory Committee, adopt provisional preventive duties, if it is determined that the +product under investigation is being imported in unjustifiable increased quantities, absolute or +relative to the domestic production, causing or threatening to cause serious injur y to the domestic +industry, which will be irreparable or remediable if such measures were not taken on time. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (74) +Provisional preventative duties shall take the form of tariff increases in accordance with the +applicable custom s duties, taking into account the following: Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 48 + 1. Provisional preventative duties shall be applied for no more than two hundred (200) days, +during which the pertinent requirement of the prevention investigation hereunder. +2. Provisional preventative duties shall be repaid if the subsequent investigation does not result +in a determination that increased imports have caused or threaten to cause serious injury to +the domestic industry. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (75) +1. In the case that the Advisory Committee found, upon the conclusions ma de by the +Department, that the absolute or relative increase of the imports of the product under +investigation caused or threaten to cause serious injury to the domestic industry, it may +recommend to the Minister or his delegate to apply a definitive preventive measure in the +form of quantitative constraint, increase in customs duties in accordance with the applicable +custom duties and/or any other measures, taking into consideration that the definitive +preventive measure shall be applied to the extent necessary to prevent or remedy the serious +injury caused or threaten to be caused to the domestic industry. +2. If a quantitative constraint is applied, the determined quantities shall not be less than the +average of imports in the last three (3) y ears for which statistics are available, unless a clear +justification is given that a different level is necessary to prevent or remedy serious injury to +the domestic industry. +3. Where a quota is allocated among countries having a substantial interest in exp orting a +product under investigation, an agreement may be reached with such countries to share these +quotas. +4. In cases where paragraph (3) of this Article is not reasonably practicable, the quotas allocation +shall be based upon the proportions of products i mported from such countries, during a +previous reference period, of the total quantity or value of imports of the product under +investigation. Any special factors which may have affected or may be affecting the trade in the +product under investigation shal l be considered. +5. In the event of serious injury, and not a threat of serious injury, the allocation of the quotas +may be made on different bases than those envisaged under paragraphs 3 and 4 above; Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 49 + provided that consultations are conducted under the auspices of the WTO Committee on +Safeguards and that a clear demonstration is provided to the Committee that : +a. Imports from certain countries increased disproportionately to the total increase of +imports from the product under investigation during the refer ence period . +b. The reasons for deviating from the methodology of quota allocation envisaged under +paragraphs 3 and 4 above are justified; and +c. The conditions of deviating from the methodology of quota allocation envisaged under +paragraphs 3 and 4 above are eq uitable to all suppliers of the product under investigation. +6. The validity of measure imposed in accordance with the provisions of paragraph (5) of this +Article shall not exceed the initial period specified in article (77) hereof. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (76) +No preventive measures may be applied to any product originating in a developing country +Member of the WTO as long as its share of imports of the product under investigation in the +domestic market does not exceed three percent (3%), and provided that developi ng countries +with less than three percent (3%) import share collectively account for no more than nine percent +(9%) of the total imports of the product under investigation. + +Chapter Three +Validity Term of Final Preventive Measures +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (77) +1. The Final Pr eventive Measures shall be applied for a period of no more than four (4) years, +and they may be extended to ten (10) years. The total period of measures application shall +include the period of application of any provisional measures, the period of initial application, +and any extension applied hereunder. +2. No preventive measure may be re -applied to the import of a product which has been subject +to such a measure unless a period of time equal to half of the duration of such earlier measure +has elapsed, provided that the period of non -application is at least two (2) years. Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 50 + 3. Notwithstanding the provisions of paragraph (2) of this Article, a preventive measure of 180 +days or less may be applied to the importation of a product if: +a. a year has elapsed the imposition of the measure on the import of the product; and +b. the measure has not been imposed on the same product more than twice during the five - +year period preceding the imposition of the measure. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (78) +1. The extension of the application of the Final Preventive Measures depends on the findings of +a new investigation conducted in accordance with the same provisions set forth in Sections 2 +and 5 hereof. T he necessity of the application shall establish that applying the preventive +measures shall be continued to prevent or remedy serious injury and that there is sufficient +evidence that the domestic industry is subject to reconstruction. +2. In the event that a definitive preventive measure is being taken for more than one year, it shall +be progressively released at regular intervals during the period of application. If the duration +of the measure exceeds three (3) years, the case shall be reviewed not later than the mid -term +of the application of such measure, and, in such a case, it shall be withdrawn or be promptly +released, if appropriate. + +Section Five +Advisory Committee +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (79) Advisory Committee Meetings +1. The Advisory Committee shall convene a regular meeting every two months, at the call of the +Department, under which the venue and date of the meeting shall be determined, at least two +weeks before the date set for the meeting. +2. The Advisory Committee may hold extraordinary meetings either by a decision thereof, or at +the request of one of its members and support of another member. The requesting member +shall state the reasons and topic of the request for holding the extraordinary meeting. The +Department shall determine the venue, time and agenda of the extraordinary meeting. Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 51 + 3. The Department may determine the date of convening based on updates of complaints and +investigations. Request for postponement of such meetings, which may aff ect the application +of the provisions of the law and this Resolution , is not permitted. +4. Any member may request to host the meeting of the Advisory Committee at the authority it +represents or any place chosen for this purpose. The Department shall call the members of the +Advisory Committee and determine the venue and date of the meeting. +5. The meeting of the Advisory Committee shall be validly convened in the presence of two - +thirds of its members. In the event that the quorum is not complete, the meeting may b e held +after five (5) businesses days by majority of the members of the Advisory Committee. +6. In the event of failure to hold an ordinary or extraordinary meeting of the Advisory Committee +on the date specified by the Department, the Advisory Committee may issue its +recommendations by circulation , provided that: +a. The cases of recommendations shall not exceed four times a year . +b. The m ajority of the members of the Advisory Committee agree that the situation requiring +the issuance of recommendation by circulation is an emergency which damage cannot be +avoided as a result of any delay in making such a recommendation . +c. The members of the Advisory Committee shall be provided with a copy of the +recommendation along with all necessary document s. +d. The recommendation made by circulation shall be issued under at least the approval of +the majority of the members of the Advisory Committee . +e. The recommendation made by circulation shall be effective once the majority of the +members of the Advisory Committee agree by singing in th ereon . +f. The recommendation made by circulation shall be presented at the next meeting of the +Advisory Committee so as to be incorporated in the minutes of the meeting . + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (80) +1. The Department shall send the draft agenda of the meeting with the relevant documents not +less than two weeks before the date specified for the meeting . +2. Members of the Advisory Committee may provide the Department with their proposals for +the topics they w ish to include on the agenda, up to a maximum of one week prior to the date Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 52 + of the meeting of the Advisory Committee. Such proposals shall state the subject matter and +any requests from the Advisory Committee. +3. A member of the Advisory Committee and the Dep artment may request to incorporate +additional matters of importance and urgency on the agenda until the beginning of the +meeting. Such matters shall be incorporated under any other business to be discussed. +4. The Advisory Committee shall adopt its agenda at the beginning of the meeting. + +Deliberations +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (81) +1. Meetings of the Advisory Commission shall be chaired by the chairman of the Advisory +Committee ; failing which, a person elected by the members of the Committee shall assume +chairmanship of the meeting . +2. The chairman of the Advisory Committee shall announce the opening and closing of the +meeting and deliberations and shall maintain order and proper functioning of the meeting. +3. The chairman of the Advisory Committee shall administer the deliberations and participate in +the matters presented, in their order, on the agenda or as may be required. +4. During deliberations, each member shall have the right to raise statutory issues which shall be +forthwith decided upon by the chairman of the Advisory Committee. The decision of the +chairman shall be effective unless the majority of attendees objects thereto. +5. The Department shall present the topics on the agenda and may participate in deliberations. +6. Members of the Advisory Commi ttee shall submit their views and observations on topics of +the agenda and vote thereon. +7. The deliberations of the Advisory Committee are confidential and may not be disclosed. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (82) +1. Any entity represent ed in the Advisory Committee, including the chairman of the Advisory +Committee, shall have one vote. +2. No member of the Advisory Committee may represent or vote on behalf of another member. Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 53 + 3. Members of the Advisory Committee shall vote by raising hands or calling by name in the +order appr oved by the federal and local government authorities in the State. +4. The voting procedures may not be interrupted after the chairman of the Advisory Committee +announces the commencement thereof for a statutory reason relating to voting. +5. A member of the Advis ory Committee may, after voting, submit any note or explanation of its +opinion objecting to the recommendation of the Advisory Committee, or approval of matters +related to the statutory reasons referred to in paragraph (4) of this Article. Such note or +explanation shall be recorded in the meeting minutes. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (83) +1. The recommendations of the Advisory Committee shall be issued by majority vote of the +members present . In the case of a tie, the vote of the chairman of the Advisory Committee shall +be the casting vote. +2. The results of the vote of the members of the Advisory Committee shall not be disclosed +except with the express consent of the members. +3. The Department shall present reports and recommendations of the Advisory Committee to +the Minister or his delegate to make the decision based on such recommendations. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (84) +Management of Advisory Committee 's Functions +1. The Department shall organize the functions of the Advisory Committee as follows: +a. Preparing meetings. +b. Receiving and distributing documents and reports related to their activities, with +maintaining copies thereof. +c. Recording and distributing minutes of meetings and recommendations, with maintaining +copies thereof. +d. Organizing relations with mass media according to the regu lations of the Ministry. +e. Sending its recommendations and relevant reports to the Minister or his delegate . +f. Carrying out the functions and activities of the Advisory Committee. Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 54 + 2. The minutes of the meetings of the Advisory Committee shall be approved at the e nd of each +meeting, to signed by the chairman and the members present, together with the Department +as rapporteur of the Advisory Committee. + +Part Three +Harmful Practices in International Trade of the GCC Industry +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (85) +1. The GCC industry enjoys protection from harmful practices in international trade, as +stipulated in article (15) of the law. Such harmful practices are subject to procedural and +substantive rules stipulated in the Common Law and this Resolution , in accordance with +sections I, II, III and IV of this resolution. +2. The procedural and substantive provisions hereof shall be applied to protect the GCC industry +from harmful practices in international trade by the GCC authorities as defined in Articles 86 +and 87 hereof. + +GCC Authorities Investigating Harmful Practices in International Trade of +The GCC Industry +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (86) +For the purpose of protecting the GCC industry from harmful practices in international trade in +accordance with the provisions of the Common Law, Law and this Resolution , the concerned GCC +authorities shall exercise the powers conferred thereto as follows: +1. The Ministerial Committee, the Standing Committee and the Bureau of the Technical +Secretariat, each within the scope of its competence specified in article (87) hereof, shall +investigate harmful practices in international trade faced by the GCC industry. +2. The Bureau of the Technical Secretariat shall be responsible for receiving complaints of +harmful practices in the international trade countering the GCC industry, along with all +relevant requirements, and conducting investigations of harmful practices in t he international +trade countering the GCC industry, along with all relevant reviews. Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 55 + 3. The Standing Committee shall be responsible for taking such necessary measures and +procedures in order to counter harmful practices in the international trade faced by the GCC +industry, including imposing provisional measures, accepting price undertakings, and +proposing to the Ministerial Committee the imposition of definitive anti -dumping measures, +definitive countervailing measures and Final Preventive Measures against un justifiable +increased imports. +4. The Ministerial Committee shall be responsible for approving, extending, suspending, +terminating definitive measures against dumping, specific subsidy and unjustifiable increase +in imports; and increasing or reducing definiti ve anti -dumping and countervailing measures. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (87) +For applying the provisions hereof to harmful practices in international trade faced by the GCC +industry, the following words and expressions , wherever used herein, shall be replaced by the +meanings assigned thereto respectively: +1. GCC market instead of domestic market. +2. GCC industry instead of domestic industry. +3. Member States instead of the State. +4. Official Bulletin instead of Official Gazette. +5. Director General of the Bureau of the Technical Secretariat instead of the Director of the +Department. +6. The Bureau of the Technical Secretariat instead of the Department stipulated in Articles 2, 3, +4, 5, 7, 8, 9, 10, 11, 12, 15, 16, 18, 20, 21, 22, 36, 39, 40, 41, 46/2, 47, 61, 62, 63, 68/2, 69, 75 +and 95. +7. The Bureau of the Technical Secretariat instead of the Advisory Committee stipulated in +Articles 46/1, 48/1, 68/1, 70 and 73. +8. The Member State instead of the Department in Articles 46/1 and 68/1. +9. One of the ministries supervising any of the production sectors in the GCC States instead of +the Ad visory Committee in article (2/4). +10. The Standing Committee instead the Department in Articles 46/3, 48/3, 68/3 and 70/3. Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 56 + 11. The Standing Committee instead of the Ministry in Articles 2, 4, 6, 9, 21, 22, 23, 36, 39, 40, 41, +45, 46/1, 47, 48/1, 58, 61, 62, 63, 6 8, 69/2, 70/1, 73 and 95. +12. The Standing Committee instead of the Advisory Committee in Articles 3, 37, 42, 59, 64 and +75/1. +13. The Ministerial Committee instead of the Minister in Articles 37, 42, 46/3, 48/3, 59, 64, 68/3, +70/3 and 75/1. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (88) +The Bureau of the Technical Secretariat shall provide any notifications required by the WTO +Agreements relating to anti -dumping, subsidy and preventive and countervailing measures, +which are relevant to harmful practices in the international trade faced by the GCC industry, in +accordance with the procedures provided for in such agreements through the GCC President +State. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (89) +The Bureau of the Technical Secretariat shall issue an official bulletin, which shall include all the +provisions permitted to be published as per the Common Law and hereunder regarding harmful +practices in the international trade faced by the GCC industry. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (90) +The measures imposed both hereunder and in accordance with the Common Law shall apply to +the imported products of any GCC State to which a customs declaration allowing for their release +is issued. However, the investigation procedures provided for in the Common Law and this +Resolut ion shall not preclude the customs release of imports of a product solely for being subject +to investigation. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (91) +1. In exceptional cases, the GCC industry may be interpreted as indicative to local producers in +different markets or regions in the Member States if it is found that such producers in this Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 57 + region or market sell most or all of their production of the similar product in this region or +market, and if it is found that the region or market is not significantly covered by producers of +the similar product s located in other markets or regions of the State. +2. The occurrence of an injury, in the case of dumping and subsi dy, shall not be conditional +affecting the rest of the domestic industries of the similar product in the other markets or +member states. However, it is conditional that dumped or subsidized imports of the products +subject of the complaint shall exist in th is restricted area or market referred to in paragraph +(1) of this Article, and that such imports cause harm to the producers of all or most of the +production in such region or market. In the case of investigation of prevention , serious injury +or threat the reof shall be caused by the circumstances in the State or States in which the +affected industry is located. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (92) +The Ministry shall provide the Bureau of the Technical Secretariat with a statistical statement. +Such statement shall indicate the value of the duties collected on a regular basis for anti -dumping +and countervailing measures and preventive measures imposed pursuant to Article 15 of the Law. + +Appealing Final Decisions on Harmful Practices in +International Trade of the GCC Industry +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (93) +Each party participating in the investigation as an interested party, which was solely and directly +affected by the final decisions issued by the GCC authorities regarding harmful practices in the +international trade faced by the GCC industry pursuant to the Common Law and this Resolution , +may appeal against the final decisions according to the procedures, periods, terms and conditions +as may be determined by the Common Law. + + + + Cabinet Resolution of 20 18 Concerning the Executive Regulations of Federal Law of 201 7 Concerning Anti -Dumping, +Countervailing, and Preventive Measures 58 + Part Four +General Provisions +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (94) +The provisions of the WTO Agreement applicable to Article VI of the General Agreement on Tariffs +and Trade 1994 (GATT), the WTO Agreement on Subsidies and Countervailing Duty and the WTO +Agreement on Prevention shall apply mutatis mutandis. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (95) +The M inister may, upon the recommendation of the Department, announce a review of the +measures or the initiation of a new investigation if it proven that there is an act of manipulation +that adversely affects the effectiveness of such measures. + +" +economy and business,"Cabinet Resolution No. (8) of 2018 Concerning the Executive Regulations of Federal Law No. (1) of 2017 Concerning Anti-Dumping, Countervailing, and Preventive Measures","Article (96) +This Resolution shall be published in the Official Gazette and shall enter into effect from the day +following the date of its publication. + + + + +Mohammed bin Rashid Al-Makto um +Prime Minister + +Issued by us: +On: 21 Jumada al -Thani 1439 H +Corresponding to: 15 March 2018 AD " +economy and business,"Federal Law No. 42 of 1992 on concerning the production, import and handling seeds and kernels","Article (1) +The following words and terms shall have the meaning hereby assigned to them unless the +context otherwise requires: +State : United Arab Emirates. +Ministry : Ministry of Agriculture and Fisheries. +Federal Law of 1992 concerning the production, import and handling seeds and kernels 2 + +Competent +Department : Shall mean the Agricultural Affairs Sector at the Ministry or any +structural unit stemming therefrom . +Competent +Authority : The authority concerned entrusted with regulating the production, import, and trade of seeds and kernels in each Emirate of the United +Arab Emirates. +See ds and +Kernels : The plant part or parts which are used in the reproduction of various agricultural crops, by all commonly known types of reproduction. +Reproduction +Areas : The regions determined for the reproduction of seeds and kernels. +Contract : The entity that is contracted with to produce seeds and kernels. +Trading : Offer to sell, selling, storing, or transporting by any means of +transportation. + +" +economy and business,"Federal Law No. 42 of 1992 on concerning the production, import and handling seeds and kernels","Article (2) +The competent Department shall coordinate with the competent Authority to recommen d +the approved types and varieties of agricultural seeds and tubers, their specifications, +methods used for their propagation production, importation, circulation, preparation, usage +and their advertising. +The competent Department together with the competent authority shall specifically +determine the following: +1. The conditions and technical contracting measure of propagation and production of agricultural seeds and tubers locally according to their types and varieties. +2. Areas of cultivation of agricultu ral seeds and tubers and their established conditions. +Federal Law of 1992 concerning the production, import and handling seeds and kernels 3 + 3. Specifications of packs of agricultural seeds and tubers, their stickers and the containing +data. +4. Conditions and measures of examining of agricultural seeds and reporting their validity, +quality as well as the process of objection against the results of examinations and tests +and the determination therein. +5. Specifications and conditions of garbling and preparing stations of seeds and tubers for +circulation. +6. Precautionary measures shall be followed in regard to violated seeds and tubers to the +provisions of this Law and the decisions implemented thereto. + +" +economy and business,"Federal Law No. 42 of 1992 on concerning the production, import and handling seeds and kernels","Article (3) +It shall not be permissible to propagate, import or circulate seeds and tubers as stated in +article (2) of the present Law unles s obtaining prior approval from the competent authority +with the exception: +1. Agricultural seeds and tubers imported by universities and research centers for the +purpose of scientific and research on condition that these parties shall carry out safety +mea sures to avoid the circulation of these seeds and tubers in the country. +2. Agricultural seeds and tubers imported for re -export purpose on condition that they +shall not cross the inlets of the country and they may be transferred from one terminal to anoth er for re exportation after taking the necessary precautions in coordination +between the customs authorities and the agricultural quarantine Department. + +" +economy and business,"Federal Law No. 42 of 1992 on concerning the production, import and handling seeds and kernels","Article (4) +The Minister in accordance with the recommendation of the competent Department and in +coordination with the competent authority may prohibit the propagation, production, +Federal Law of 1992 concerning the production, import and handling seeds and kernels 4 + exportation, importation or circulation of any type or variety of seeds and tubers +permanently or temporarily as deem necessary to the public inserts. + +" +economy and business,"Federal Law No. 42 of 1992 on concerning the production, import and handling seeds and kernels","Article (5) +Imported seeds and tubers or prepared for exportation shall be submit to the agricultural +quarantine measures of inspection to make sure that they are free from diseases and pests +and fulfill the specifications. + +" +economy and business,"Federal Law No. 42 of 1992 on concerning the production, import and handling seeds and kernels","Article (6) +The Persons who are working in this coun try, and whose activities or part thereof fall under +the provisions of this law, shall adapt their statuses with its provisions and decisions during a period of six months from the date of its enforcement, otherwise they shall be liable for +penalties as st ated thereof. + +" +economy and business,"Federal Law No. 42 of 1992 on concerning the production, import and handling seeds and kernels","Article (7) +The employees assigned to follow up the implementation of the provisions of this law, the +decisions issued in execution thereof, and who have been selected by a decision from the +minister of justice in agreement with the ministe r of agriculture and fisheries and the +competent authority shall be deemed to be as judicial detection inspectors. +They are entitled to enter the places, which their activities are included within the provisions +of this law, except the places allocated for residency, to ensure implementing its provisions +and the decisions issued in execution thereof, and control of the violations; and the local +authorities shall provide the necessary Facilities for those inspectors to carry out their mission. + +Federal Law of 1992 concerning the production, import and handling seeds and kernels 5 + " +economy and business,"Federal Law No. 42 of 1992 on concerning the production, import and handling seeds and kernels","Article (8) +Whoever contravenes any of the provisions of this Law shall be sentenced upon conviction +to a fine of Dirham not less than five thousand (5000) dirham and shall not exceed fifty +thousand dirham (50,000) in addition to confiscate the material in question. + +" +economy and business,"Federal Law No. 42 of 1992 on concerning the production, import and handling seeds and kernels","Article (9) +The due fees shall be determined according to the provisions of this Law through a decision by the cabinet. + +" +economy and business,"Federal Law No. 42 of 1992 on concerning the production, import and handling seeds and kernels","Article (10) +The Minister shall issue the By -Law and decisions necessary for the implementation of the +provisions of this Law. + +" +economy and business,"Federal Law No. 42 of 1992 on concerning the production, import and handling seeds and kernels","Article (11) +The Law No. (2) of the year 1974 on regulation the importation of seedlings and agricultural seeds. + + + + + + + +Federal Law of 1992 concerning the production, import and handling seeds and kernels 6 + " +economy and business,"Federal Law No. 42 of 1992 on concerning the production, import and handling seeds and kernels","Article (12) +The present Law shall be published in the official Gazette and shall be enforced as from the +date of its publishing. + + + + + + + + + + + + + + +Zayed Bin Sultan Al Nahyan +President of the United Arab Emirates + +Issued by us at the presidency place in Abu Dhabi +Made on 1. Rabee Althani. 1413 Hijiri + + " +economy and business,Federal Decree by Law No. (14) of 2023 Concerning the Modern Technology-Based Trade,"Article (1) +Definitions +For the purpose of applying the provisions of this Decree -Law, the following words and +expressions shall bear the meanings assigned thereto respectively, unless the context requires +otherwise: +The State : The United Arab Emirates. +The Ministry : The Ministry of Economy. +The Minister : The Minister of Economy. +CBUAE : The Central Bank of the UAE. +The Competent : Federal or local authorities in charge of issuing the approvals, licenses and +Federal Decree by Law of 2023 Concerning the Modern Technology -Based Trade 2 + Authority permits in accordance with applicable legislation. +Modern +Technology - +Based Trade : The sale and purchase of goods, services and relevant data through +technological platforms or modern technology, including, inter alia, the +websites, e -platforms or smart applications, including the transactions +carried out through electronic or digital commerce or social media +platforms. This includes non -digital goods and services that are obtain ed +physically or virtually through modern digital technology or technological +platforms. +Modern +Technology : Any technological platforms used for Modern Technology -Based Trade, +whether electronic, digital, biometric, artificial intelligence technology, +blockchain technology, or in technological platforms, whether by accessing +websites or through smart application s. +The Data : Any data or information that can be stored, processed, created and +transmitted by means of modern technology, such as letters, numbers, +symbols, signatures, texts, images or sounds, in relation to the product, +service, parties, payment proc esses or other matters. +The Digital +Identity : A system or identification tool of modern technology that identifies the user +and enables him to benefit from or carry out trade activities through +Modern Technology. +Digital Trader : A natural or legal person who sells goods or services through modern +technology. +The Consumer : Any natural or legal person who acquires goods or services by way of +executing contractual arrangements with a digital trader through Modern +Technology - with or without compensation - to satisfy his need or the need +of other peo ple. +Federal Decree by Law of 2023 Concerning the Modern Technology -Based Trade 3 + Goods and +Services : The goods and services purchased through Modern Technology -Based +Trade. +Digital Contract : An agreement between the digital trader and the consumer, and which +documents the proposal and acceptance. It specifies the location, details, +terms and conditions of the contract through Modern Technology, and +includes the electronic contract, the smart c ontract and other contracts used +through Modern Technology. + +Digital Signature : A signature consisting of letters, numbers, symbols, voice, fingerprint or a +processing system through Modern Technology, and which contributes to +verifying a person's identity and sends a text message with letters and +symbols and other technical verification methods to the e -mail and mobile +phone. +The Store : The physical store and the virtual store. +Physical Store : Any store with a physical address in the State. +Virtual Store : A website, a platform or other means of modern technology that allows the +digital trader to display or sell a good or service, provide or advertise a +service or exchange its data through those websites, platforms or any other +means of modern technology. +Dispute +Settlement +Committee + : The committee formed in accordance with the provisions of Article [9] of +this Decree -Law. + + + + +Federal Decree by Law of 2023 Concerning the Modern Technology -Based Trade 4 + " +economy and business,Federal Decree by Law No. (14) of 2023 Concerning the Modern Technology-Based Trade,"Article (2) +Scope of Application +1. The provisions of this Decree -Law shall apply to: +a. Modern Technology -Based Trade and its activities and the means of modern +technology used in relation thereto. +b. Whoever carries out any activity in relation to Modern Technology -Based Trade +inside the State or the goods received from outside, including Moder n Technology, +logistical services and digital payment gateways to the extent that is related to +Modern Technology -Based Trade. +c. Free zones in any of the following two cases: +1. Provide or sell goods and services purchased through Modern Technology +outside the geographical scope of the free zone. +2. The lack of legislation regulating Modern Technology -Based Trade in the free +zone. +d. Financial free zones in the event that any of clauses [i] or [ii] of clause [C] are fulfilled +outside the scope of business and financia l services. +2. The provisions of this Decree -Law shall not apply to any of the following: +a. Government procurement. +b. The data, platforms and smart applications used for purposes other than Modern +Technology -Based Trade. +c. Digital currencies designated for payme nt and trading purposes supervised by +CBUAE. +d. All transactions conducted by licensed financial institutions and insurance +companies subject to the CBUAE's licensing and supervision regarding standards and +requirements, consumer rights protection, dispute se ttlement, oversight and +Federal Decree by Law of 2023 Concerning the Modern Technology -Based Trade 5 + inspection of such facilities and the imposition of administrative penalties thereon. + +" +economy and business,Federal Decree by Law No. (14) of 2023 Concerning the Modern Technology-Based Trade,"Article (3) +Objectives of the Decree -Law +This Decree -Law shall aim to achieve the following objectives: +1. Achieve the State's strategic directions regarding digital transformation, develop Modern +Technology -Based Trade and attract investments and skills. +2. Develop the legislative and regulatory environment regarding Modern Technology - +Based Trade. +3. Stimulate Modern Technology -Based Trade for g oods and services without +differentiating between them and the goods provided through physical trade. +4. Organize the relationships between the digital trader and the consumer, in order to +achieve the following: +a. Protect consumer's interests; +b. Data protection; +c. Protect intellectual property rights regarding goods or services purchased +through Modern Technology; +d. Provide adequate technical protections to enable the consumer to purchase +goods and services safely through Modern Technology; +e. Provide secure digital payment methods and channels, in accordance with the +technical and regulatory standards and requirements approved or specified by +the competent authority; and +f. Achieve any other goals required by the nature of the relationship between the +digital tr ader and the consumer. + +Federal Decree by Law of 2023 Concerning the Modern Technology -Based Trade 6 + " +economy and business,Federal Decree by Law No. (14) of 2023 Concerning the Modern Technology-Based Trade,"Article (4) +Competencies of the Ministry +For the purposes of applying the provisions of this Decree -Law, the Ministry shall perform the +following functions: +1. Propose and set a general policy regarding Modern Technology -Based Trade, in +coordination with the competent authority, in addition to supervising its +implementation after obtaining the approval of the Cabinet. +2. Issue terms and conditions to protect consumer interests in order to achieve the +objectives of this Decree -Law. +3. Coordinate with the competent authority regarding blocking any smart application, +website or platform whenever any actions conflicting the provisions of this Decree -Law +or affecting order or public morals. +4. Coordinate with the competent authority regarding achieving tax compliance +requirements and requirements of customs authorities and other relevant parties in this +regard. +5. The Ministry may delegate any of its powers stipulated in accordance with this Decree - +Law to any of the competent authorities. + + + + + + + +Federal Decree by Law of 2023 Concerning the Modern Technology -Based Trade 7 + " +economy and business,Federal Decree by Law No. (14) of 2023 Concerning the Modern Technology-Based Trade,"Article (5) +Standards and Requirements Regarding Modern Technology -Based Trade +With regard to Modern Technology -Based Trade and those governed by its provisions, the +following requirements and standards shall apply: +1. Having the legal capacity. +2. Fulfilling the legal, regulatory, professional and technical requirements and conditions, +whenever they exist, in addition to obtaining the necessary approvals, permits and +licenses from the competent authority, regarding Modern Technology -Based Trade, +mod ern technology and the store. +3. Providing a technically safe environment regarding the provision of trade services +through Modern Technology and achieve the requirements and standards of electronic +security, cybersecurity and anti -hacking specified by the co mpetent authority, in order to +ensure safety for browsing and purchasing the goods or services by the consumer. +4. Selling legally permitted goods or services, and never sell any goods or services that +require special approvals from the competent authority th rough Modern Technology +before obtaining the necessary approvals. +5. Determining the terms, conditions and details of the multiple stages regarding the sale of +goods and services through Modern Technology, including specifying the price of goods +and services, fees and prices for logistics services and digital payment services, in +addition to making the same publicly available on the website, application or other +Modern Technology for the digital trader and making the digital contract or terms and +conditions av ailable in such regard if there is no digital contract, provided that the +purchase of goods and services shall be deemed acceptance by the consumer of the +digital contract or these terms and conditions. +6. Fulfilling the conditions and requirements approved by the competent authorities +Federal Decree by Law of 2023 Concerning the Modern Technology -Based Trade 8 + regarding promotional and marketing campaigns and exchanging consumer data in this +regard. +7. Refraining from dealing in a misleading manner or provide incorrect data that does not +give the true description o f the good or service. +8. Providing a detailed non -paper invoice through Modern Technology regarding the +purchase of goods and services. +9. Fulfilling the terms and conditions regarding competition protection specified by the +competent authority. +10. Developing a bu siness continuity plan in the event of any risks or crises for the proper +and uninterrupted flow of work. +11. Providing he Ministry or the competent authorities with any information and data they +request. +12. Any other standards and requirements determined by the Cabinet. + +" +economy and business,Federal Decree by Law No. (14) of 2023 Concerning the Modern Technology-Based Trade,"Article (6) +Protection of Consumer Rights Regarding Modern Technology -Based Trade +The consumer shall enjoy the following rights: +1. Obtain goods and services purchased through Modern Technology, in accordance with +the announced specifications, time, value and costs of specified logistics services, based +on the digital contract or the announced terms and conditions. +2. Get access to the goods or services and state their condition in a clear and clear +description. +3. Get access to safe ways and methods regarding purchasing goods and services through +Modern Technology and regarding payment methods with regard to the value of those +goods and services. +Federal Decree by Law of 2023 Concerning the Modern Technology -Based Trade 9 + 4. The option to receive or refuse to receive promotional or marketing campaigns, whether +through communications, emails or social media platforms. +5. Make a special field available to everyone with transparency that enables the evaluation +of the experience of dealing with the digital trader. Valuation of goods, services, paymen t +gateways and logistics. +6. Submit complaints concerning the goods purchased through modern technology or with +respect to any of its parties, whether they are digital traders or any other person. +7. Designate numbers and means of communication regarding complai nts, which shall be +always available without interruption with qualified staff, as well as a mechanism to +follow up on the complaints and communicate with a clear address, in addition to +updating the same periodically in a way that is easily accessible, wh ether through the +website or through any other means or method +8. Provide numbers and means of communication with the digital trader. +9. Make the data available to the public regarding the digital trader license from the +competent authority, its address, contact numbers, details of its physical address and its +website. +10. Any of the other rights stipulated in the legislation in force in the State. + +" +economy and business,Federal Decree by Law No. (14) of 2023 Concerning the Modern Technology-Based Trade,"Article (7) +Return of Goods and Services +1.Taking into account the previous Article of this Decree -Law. The consumer has the right to +return or request the replacement of goods and services purchased through modern +technology, in any of the following cases: +a. When the goods and services' purchaser conflicts with any of the legislation in force +in the State. +Federal Decree by Law of 2023 Concerning the Modern Technology -Based Trade 10 + b. Receiv e the goods and services that are defective, incomplete, damaged or received +in contrary to the stated description of the digital trader of the goods or services or +regarding their condition or for any other reason that led to this before the +consumer's re ceipt of the goods and services. +c. Delayed receipt of goods and services, as a result of which it would not be possible to +benefit from such goods or services. +d. When the receipt of goods and services goes against the conditions and provisions +specified in the digital contract or the terms and conditions announced by the digital +trader. +e. Any of the other cases for which a decision is issued by the Minister. +2. The right of the consumer to return the goods or recover the price referred to in the previous +clause o f this Article shall be forfeited in any of the following cases: +a. Use, unless the goods are used for the purpose of checking that there is no defect. +b. Exceed the period specified or approved in the relevant legislation. +c. When they are foodstuffs or consumables whose shelf life expires in a short period not +exceeding [3] three weeks or from receiving the goods or services for which a decision is +issued by the Minister. +d. Books, movies or programs that may only be used viewed or listened to once. + +" +economy and business,Federal Decree by Law No. (14) of 2023 Concerning the Modern Technology-Based Trade,"Article (8) +Consumer's Obligations +The consumer shall comply with the following requirements: +1. Purchase goods and services through legitimate modern technology. +2. Not to be arbitrary in using his right not to accept or return the services or goods +purchased from the digital trader in accordance with the provisions of this Decree -Law. +Federal Decree by Law of 2023 Concerning the Modern Technology -Based Trade 11 + 3. Carry out the necessary care in reviewing the specifications of goods and services and +the conditions and provisions of the announced digital contract . +4. Pay the value of goods and services. + +" +economy and business,Federal Decree by Law No. (14) of 2023 Concerning the Modern Technology-Based Trade,"Article (9) +Dispute Settlement +The courts of the State or the Emirate shall be competent to resolve disputes arising from the +application of the provisions of this Decree -Law in accordance with the laws in force in this +regard, taking into account the following measures: +1. Dispute Resolution Committee: +a. The Ministry or the competent authority at the Emirate may, as the case may be, +form a committee to settle disputes arising from the application of the provisions +of this Decree -Law, while defining the dispute resolution mechanism. The +decision to form the committee shall specify its competences and work system +with regard to the decision -making. +b. The Ministry may, when necessary and in order to achieve th e objectives of this +Decree -Law and protect the interest of the consumer, form a committee to settle +disputes between the entities subject to the provisions of this Decree -Law, in +addition to determining specific competences therefor. In this regard, it ma y +coordinate with the competent authority. +2. Arbitration: +a. Subject to Clause [1] of this Article, the provisions of this Decree -Law shall not +prejudice any agreement regarding the referral of any dispute arising between its +provisions to arbitration to settle any dispute arising out thereof. +b. Subject to the foregoing clause of this Article, without prejudice to the right of +Federal Decree by Law of 2023 Concerning the Modern Technology -Based Trade 12 + those subject to the provisions of this Decree -Law to resort to arbitration under +an arbitration agreement; a digital contract of less than [50,000] fifty thousand +dirhams may not include an arbitration clause. +3. Once a party has resorted to arbitration after the Committee's decision is issued, the +decision of the Committee in this regard shall not produce any effect and shall have no +legal con sequences. + +" +economy and business,Federal Decree by Law No. (14) of 2023 Concerning the Modern Technology-Based Trade,"Article (10) + Data and Information +1. The applicable legislation governing data protection in the State shall apply to consumer +information and data and its description and ownership. +2. The following criteria and requirements shall be followed for data and information. +whether issued or approved by the competent authority: - +a. Professional, regulatory, and technical criteria and requirements, including data +quality, classification, flow and preservation, in addition, they may not be shar ed +with any other person unless the same is legally justified or based on the prior +approval of the consumer and in the manner that does not prejudice the legislation +in force in the State. +b. Professional, regulatory and technical criteria and requirements t o achieve data +reliability and availability, security and protection of data and information, as well as +other relevant requirements and criteria. +c. The criteria and requirements for digital trader obligation and all those subject to the +provisions of this D ecree -Law to ensure the data and information protection. +d. The criteria and requirements regarding the protection and security of consumer +information and data, in addition, the same may not be traded or made available +Federal Decree by Law of 2023 Concerning the Modern Technology -Based Trade 13 + without his consent. +e. The criteria and r equirements on the Modern Technology -Based Trade specified in +Article [5] of this Decree -Law. + +" +economy and business,Federal Decree by Law No. (14) of 2023 Concerning the Modern Technology-Based Trade,"Article (11) + Insurance Coverage +1. For the digital trader or entities that handle logistics and digital payment may provide +insurance coverage for obligations arising with regard to Modern Technology -Based Trade, +including logistics, digital payment methods, electronic fraud, hacking and other risks. +2. In order to ensure the provision of insurance coverage, the Ministry may submit a +recommendation after coordin ating with the competent authority on the conditions and +provisions governing the details of such coverage, for approval by the Cabinet. +3. The Cabinet may require the provision of insurance coverage for any of the services or +activities related to Modern Technology -Based Trade, any of its parties or the modern +technology through which the services are provided. + +" +economy and business,Federal Decree by Law No. (14) of 2023 Concerning the Modern Technology-Based Trade,"Article (12) +Legal Liability +Whoever is subject to the provisions of this Decree -Law shall be liable for its obligations. + +" +economy and business,Federal Decree by Law No. (14) of 2023 Concerning the Modern Technology-Based Trade,"Article (13) + Probative Value +1. All activities and work related to Modern Technology -Based Trade shall have the same +probative value vested in the traditional trade. +2. The validity of the contract shall be subject to the terms and conditions specified in the +Federal Decree by Law of 2023 Concerning the Modern Technology -Based Trade 14 + legislat ion in force in the State, as follows: +a. Fulfillment of the capacity of contracting parties upon satisfying the requirements +and conditions of the new digital identity through modern technology that enable +the verification of the identity of contracting par ties. +b. Fulfillment of the offer and acceptance and the contractual relationship executed +upon satisfying the requirements of the digital identity and digital signature. + +" +economy and business,Federal Decree by Law No. (14) of 2023 Concerning the Modern Technology-Based Trade,"Article (14) + Logistics Services +1. In order to fulfill its obligations regarding Modern Technology -Based Trade, the digital +traders can provide logistics services such as storage, shipping, transportation and delivery +services to the consumer directly or through any other licensed person in the State. +2. Regarding the provisi on of logistics for the implementation of any phase of the Modern +Technology -Based Trade, it is required to meet the conditions, requirements and provisions +specified by the competent authority. +3. No additional fees for logistics services may be imposed o n the consumer contrary to those +specified and announced by the digital trader in the digital contract or the terms and +conditions. + +" +economy and business,Federal Decree by Law No. (14) of 2023 Concerning the Modern Technology-Based Trade,"Article (15) +Digital Payment Portals +Digital payment channels and methods shall be subject to the following requireme nts, +standards and requirements: +1. Fulfillment of the obligations and requirements specified in Article [5]. +2. Availability of the services to the consumer in a simple and easy -to-access manner that is +Federal Decree by Law of 2023 Concerning the Modern Technology -Based Trade 15 + consistent with the nature and flow of Modern Technology -Based Trade. +3. Not to charge the consumer any additional fees for digital payment other than those +specified and announced by the digital trader in the digital contract or the terms and +conditions. +4. Any other requirements for which a decision is is sued by the Cabinet upon the +recommendation of the Ministry in coordination with the competent authority. + +" +economy and business,Federal Decree by Law No. (14) of 2023 Concerning the Modern Technology-Based Trade,"Article (16) +Supervision and Control +The Ministry and the competent authority shall, within their respective areas of competence, +supervise and con trol the application of the provisions of this Decree -Law, and shall take legal +action regarding acts committed in violation of its provisions. + +" +economy and business,Federal Decree by Law No. (14) of 2023 Concerning the Modern Technology-Based Trade,"Article (17) +Capacity of Judicial Enforcement Officers +1. The employees of the Ministry or of the competent authority, who are named under a +decision of the Minister of Justice or the head of the local judicial authority in coordination +with the Minister or the head of the competent authority, as the case may be, shall have the +capacity of Judicial enf orcement officers, in order to detect the violations of the provisions of +this Decree -Law, within their respective areas of competence. In this respect, they shall have +the right to: +a. Get access to and review the documents and papers to prove the actions co mmitted +in breach of the provisions of this Decree -Law and the decisions issued in +implementation hereof. +b. Inspect and detect the violations and refer the same to the competent authorities for +Federal Decree by Law of 2023 Concerning the Modern Technology -Based Trade 16 + investigation and trial. +c. Seek the assistance of the competent se curity agencies whenever necessary. +2. The digital trader and the consumer shall each cooperate with the judicial enforcement +officers, and shall provide them with any data, information and documents necessary for +performing their work and facilitating the ir tasks whenever required. + +" +economy and business,Federal Decree by Law No. (14) of 2023 Concerning the Modern Technology-Based Trade,"Article (18) + Coordination on the Supervision, Control and Roles of the Judicial +Enforcement Officers +Subject to the objectives of this Decree -Law and the competencies of supervision and control +and the roles of the Judicial e nforcement officers, the Ministry shall coordinate with the +competent authorities to establish a technical system on supervision, control and roles of the +judicial enforcement officers in order to achieve the objectives of this Decree -Law and to +enable all competent authorities to exercise their aforementioned competencies and +coordinate among themselves in accordance with the conditions, provisions and controls +governing the same based on a resolution of the Cabinet. + +" +economy and business,Federal Decree by Law No. (14) of 2023 Concerning the Modern Technology-Based Trade,"Article (19) +Administrative Penalties +1. The Ministry shall, in coordination with the competent authority, draw up regulations on +the violations and administrative penalties for the acts committed in breach of the provisions +of this Decree -Law, and the same shall be is sued under a resolution of the Cabinet. +2. The Ministry and the competent authority shall, according to their respective areas of +competence, impose the appropriate penalty. +3. The imposition of the violations and administrative penalties referred to in Clause [1] of +Federal Decree by Law of 2023 Concerning the Modern Technology -Based Trade 17 + this Article shall not prejudice the penalties or sanctions prescribed in any other laws. + +" +economy and business,Federal Decree by Law No. (14) of 2023 Concerning the Modern Technology-Based Trade,"Article (20) +Regulatory and Executive Resolutions +1. The Cabinet shall, based upon the proposal of the Minister and in coordination with the +com petent authorities, issue the regulatory resolutions necessary to apply the provisions of +this Decree -Law. +2. Without prejudice to the competencies of the Cabinet set forth in this Decree -Law, the +Minister shall issue the necessary resolutions for applying the provisions of this Decree -Law. + +" +economy and business,Federal Decree by Law No. (14) of 2023 Concerning the Modern Technology-Based Trade,"Article (21) + Publication and Entry into Force +This Decree shall be published in the Official Gazette and shall enter into force as of the day +following the date of its publication. + +Mohamed Bin Zayed Al Nahyan +President of the UAE +Issued at the Presidential Palace - Abu Dhabi +Date: Safar 18, 1445 AH +Corresponding to: September 04, 2023 AD + + " +economy and business,Federal Law No. 8 of 2004 concerning Financial Free Zones,"Article (1) +Definitions +The State : The State of the United Arab Emirates +Financial Free +Zone : A free zone, that is established in any Emirate of the State, in which Financial Activities are carried out +Federal Law No. 8 of 2004 on Concerning Financial Free Zones. 2 + Financial +Activities : Banking, financial, insurance, financial markets activities and services and the Ancillary Activities thereto that are licensed to be performed +in a Financial Free Zone. +Ancillary +Activities : Financial and currency brokerage services, consultancy and the provision of services and the supply of goods to Companies and +Establishments and individuals inside the Financial Free Zones. +Financial +Banking +Activity : Financial banking operations and banking operations. +Companies and +Establishments : Companies, branches of companies and establishments that are +established or licensed to operate in the Financial Free Zones + +" +economy and business,Federal Law No. 8 of 2004 concerning Financial Free Zones,"Article (2) +A Financial Free Zone shall be established pursuant to a Federal decree. It shall have a +juristic personality and the chairman of its board of directors shall be its lawful +representative. +It shall be solely responsible for the obligations arising from the conduct of its activity. +The Cabinet shall define its location and area. + +" +economy and business,Federal Law No. 8 of 2004 concerning Financial Free Zones,"Article (3) +1. Financial Free Zones, and all the activities therein, are subject to the provisions of the +Federal Law No. (4) of 2002 Concerning the Criminalization of Money Laundering. +2. Further, these zones and Financial Activities are subject to all provisions of Federal law +with the exception of the Federal civil and commercial laws. + +" +economy and business,Federal Law No. 8 of 2004 concerning Financial Free Zones,"Article (4) + Financial Free Zones comply with the following: +1. With regard to Financial Banking Activities: +a. Licensing shall be limited to branches of Companies and Establishment, joint ventures and companies wholly owned by any of the foregoing, provided that they +Federal Law No. 8 of 2004 on Concerning Financial Free Zones. 3 + have a strong financial position and a complete organizational and management +structure and are managed by persons having expertise and knowledge in this type +of activity. +b. Companies and Establishments licensed in the Financial Free Zones shall not engage +in taking deposits from the national market and shall not enter into transactions in +the U.A.E. Dirham. +c. The licensing standards for companies and branches of Companies and +Establishments shall not be lower than those applied in the State. +2. No financial brokers licensed on an exchange in the State may transact business in a financial free market without the approval of the Emirates Securities and Commodities +Authority and Market. +3. No companies already listed on any of the exchanges in the State shall be listed without +the approval of the Emirates Securities and Commodities Authority and Market. +4. The performance of insurance activity in the State shall be limited to re -insurance. +5. That the actual existence of the Companies and Establishments licensed to operate by +the free zones shall be restricted to the boundaries of those zones; however, it is +permissible to license them to operate outside the State. + +" +economy and business,Federal Law No. 8 of 2004 concerning Financial Free Zones,"Article (5) + Financial Free Zones must not perform any activity that results in the breach of an +international treaty to which the State has adhered or will adhere. + +" +economy and business,Federal Law No. 8 of 2004 concerning Financial Free Zones,"Article (6) +The Financial Free Zones may enter into memorandums of understanding and cooperation with similar parties and entities on condition that these memorandums do not conflict with +treaties to which the State is a party. + +" +economy and business,Federal Law No. 8 of 2004 concerning Financial Free Zones,"Article (7) +1. Financial Free Zones must publish semi- annual reports on their activities and their +compliance with the provisions of this Law. +Federal Law No. 8 of 2004 on Concerning Financial Free Zones. 4 + 2. The competent authorities in the Federal government have the right to carry out +inspections of Financial Free Zones to verify adherence to the provisions of this Law and +shall present the result thereof to the Cabinet to take appropriate action. +3. Subject to the provisions of Article 3 - for the purpose of establishing a Financial Free +Zone - the relevant Emirate may issue regulations necessary for it to perform its activity. + +" +economy and business,Federal Law No. 8 of 2004 concerning Financial Free Zones,"Article (8) + Financial Free Zones, pursuant to a resolution issued by the Cabinet and for a period not +exceeding four years from the date of their establishment, may license Companies and +Establishments to perform their operations outside the managerial and geographical +boundaries of those zones in the State. + +" +economy and business,Federal Law No. 8 of 2004 concerning Financial Free Zones,"Article (9) +The Cabinet shall issue the implementing regulations for the provisions of this Law. + +" +economy and business,Federal Law No. 8 of 2004 concerning Financial Free Zones,"Article (10) +This Law shall be published in the Official Gazette and shall be effective from the date of its publication. + + +Zayed Bin Sultan Al- Nahyan +UAE President + +Promulgated by us at the Presidential Palace in Abu Dhabi: +Date: 22 Muharam 1425 +Corresponding to: 14 March 2004 + " +economy and business,Federal Law No. (1) of 2017 on Anti-Dumping and Countervailing and Preventive Measures,"Article (1) +Definitions +Upon applying the provisions hereof, the following words and phrases shall have the meanings assigned thereto respectively, unless the context otherwise indicates; +The State : The United Arab Emirates +The Ministry : Ministry of Economy +The Minister : Minister of Economy +The Department : The Ministry's Department in charge of combating harmful practices in international trade. +FCA +: The Federal Customs Authority +The Committee : The Advisory Committee on combating harmful practices in international +trade. +Customs De- +partment : the competent customs department in the concerned emirate. +Government Body : +Any federal or local government body concerned with applying the pro- +visions of this Law and the executive regulations hereof. +GCC States : Member States of the Gulf Cooperation Council. +Concerned GCC Bodies : The Technical Secretariat Office, the Standing Committee to Combat Harmful Practices in International Trade and GCC Industrial Cooperation +Committee. +WTO : The World Trade Organization +WTO Conven- +tions : The Agreements emanating from the closing statement of the results of +Uruguay Tour for Multiparty Commercial Negotiations ratified under the +Federal Decree No. (21) of 1997. +Federal Law No. (1) of 2017 on Anti -Dumping and Countervailing and Preventive Measures 3 + Harmful Prac- +tices in Interna- +tional Trade : The dumping, targeted subsidy and increase in imports. +Dumping : The process where a product is exported to the State at an exporting price +that is less than its ordinary value for a similar product in the exporting +country in the ordinary course of trade. +Subsidy : A financial contribution or any form of subsidy provided by the Govern- +ment of the Country of Origin or any public authority therein that may support the income or prices according to the definition contained in Ar- +ticle (16) of the GATT Agreement 1994, and brings benefit to subsidy re- +cipient. +Excess in im- +ports : The process of importing a product in quantities that are of absolute or relative excess in relation to the national or GCC industry production and +within circumstances that may cause or pose a threat of gross damage to +national or GCC industry. +Measures : Anti -dumping, countervailing and preventive measures. +Anti- Dumping +Measures : The actions taken to combat dumping cases. +Countervailing +Measures : The actions taken to combat targeted subsidy. +Preventing Measures : The actions taken to combat excess in imports. +Temporary +Measures : The actions temporarily taken during the course of investigation and upon reaching temporary positive results. +Final Measures : The actions temporarily taken after the end of investigation and upon +reaching final positive results. +Complaint : A written request submitted according to the form designated for such purpose. +National Indus- : The aggregate producers in the State for similar products or whose total +Federal Law No. (1) of 2017 on Anti -Dumping and Countervailing and Preventive Measures 4 + try production constitutes a substantial ratio of gross national production of +such products in anti dumping and subsidy investigations. The national +industry in prevention investigations means the aggregate producers in +the State of a directly similar or competing product or whose total pro-duction of direct similar or competing products constitutes a substantial +ratio of gross national production of such product. +GCC Industry : +: The aggregate producers in the GCC States for similar products or whose +total production constitutes a substantial ratio of gross GCC production +of such products in anti dumping and subsidy investigations. The GCC +industry in prevention investigations means the aggregate producers in +the GCC States of a directly similar or competing product or whose total +production of direct similar or competing products constitutes a substan- +tial ratio of gross GCC production of such product. +Related Parties : The foreign exporter or producer of the product subject of investigation +or producers who include the product subject of investigation in their +industrial inputs, the governmental or private entities that represent the +consumers or protect their interests or the governments of the exporting country or any other local or foreign parties having an interest in the +product subject of investigation. +Damage : On anti- dumping and subsidy investigations, damage means the occur- +rence of physical damage or any threat of the occurrence thereof, or the physical impediment to establishing national or GCC industry. In preven-tion investigations, the occurrence of or any threat for the occurrence of +gross damage to national or GCC industry. +Gross Damage : A type of damage that causes an overall weakening affecting the status of +the concerned national or GCC industry. +Gross Damage +Threat : An imminent gross damage that results in weakening affecting the status of the concerned national or GCC industry. +Ordinary Value : The amount paid or payable price for a similar product in the course of +Federal Law No. (1) of 2017 on Anti -Dumping and Countervailing and Preventive Measures 5 + ordinary trade when it is directed to consumption in the export country. +Exporting Price : The amount paid or price payable by the importer for the product subject +of investigation upon selling the same for the exporting country. +Dumping Mar- +gin : The difference between the ordinary value and exporting price during the period under investigation. +Subsidy Amount : +An amount that represents the benefit derived by the subsidy recipient +during the period under investigation. +National Market : The market of the state +GCC Market : Market of the GCC States +Similar Products : The products which are similar or identical to the product subject of in- +vestigation in all respects, or any other products having specifications +that have extreme similarity with the specifications or characteristics of +the product subject of investigation in the absence of such product. +Targeted Subsi- +dy : Subsidy which results in taking countervailing measures. +Subsidized Im-ports : The imports of products under investigation which receive the targeted subsidy. +Product subject +of investigation : +A product imported to the State as described in the investigation com- +mencement notice. +Common Law : The GCC Common -law on Antidumping, Countervailing and Safeguard +Measures. +" +economy and business,Federal Law No. (1) of 2017 on Anti-Dumping and Countervailing and Preventive Measures,"Article (2) +Entry into Force +The provisions of this Law shall apply to harmful practices in international trade imported +from non -GCC states, and in conformity with WTO Conventions. + +" +economy and business,Federal Law No. (1) of 2017 on Anti-Dumping and Countervailing and Preventive Measures,"Article (3) +Complaint & Investigation Procedures +1. The national industry, or its representative, may file a complaint against the harmful +Federal Law No. (1) of 2017 on Anti -Dumping and Countervailing and Preventive Measures 6 + practices in international trade to the Department directly or through the concerned +government body in each emirate, which shall, in turn, refer the same to the +Department. +2. The Department may, based on a Decision of the Minister or his designee, and without +receiving a complaint from the national industry or its representative, initiate +investigations against harmful practices in international trade, if it has sufficient +evidence that there are harmful practices in international trade which brings about damage to the national industry. +3. The complaint shall be filed, accepted and considered against the harmful practices in international trade affecting the national industry, and investigation procedures shall be +initiated, investigation be finalized, along with the review and any relevant actions +thereon shall be made in accordance with the provisions of this Law as well as the +controls and requirements specified by the executive regulations of this Law. + +" +economy and business,Federal Law No. (1) of 2017 on Anti-Dumping and Countervailing and Preventive Measures,"Article (4) +Investigation +1. Under a resolution of the Minister, or any officer authorized by him, an investigation committee shall be form the technical officers of the department for each complaint on a +case by case basis, such committee shall be tasked with keeping all documents related to +the investigation and conducting all investigation procedures in accordance with the +provisions of this Law and the executive regulations hereof. +2. The period of investigation on harmful practices in international trade shall continue for a maximum of twelve months from the investigation commencement date. In case the +investigation cannot be completed within such period, the same may be extended for a +further period under a resolution of the Minister based on the Department's +recommendation, provided that the entire period does not exceed 18 months. + + + +Federal Law No. (1) of 2017 on Anti -Dumping and Countervailing and Preventive Measures 7 + " +economy and business,Federal Law No. (1) of 2017 on Anti-Dumping and Countervailing and Preventive Measures,"Article (5) +Cases for Imposing Measures +The measures shall be taken in any of the following cases: +1. If there is evidence that the products under investigation have been imported at +dumping prices or that special subsidy was provided thereto, and inflicted physical +damage upon an existing national industry or threatened the occurrence of such +damage, or may cause physical delay to the establishment of national industry, and the +presence of a causal relationship between them. +2. If there is evidence that the products under investigation are exported to the national +market in increasing quantities, whether absolute or proportionate, and amidst circumstances that may inflict gross damage upon the national industry that produces +similar or competing products directly or threatens the occurrence of such damage, and +the presence of a causal relationship between them. + +" +economy and business,Federal Law No. (1) of 2017 on Anti-Dumping and Countervailing and Preventive Measures,"Article (6) +Forms of Measures +The measures shall be taken in the follow manner: +1. Anti -dumping and final countervailing fees shall be imposed and may not exceed the +dumping margin or the amount of finally specified subsidy. +2. Fees shall be imposed or temporary safeguards be taken to combat dumping or targeted +subsidy without exceeding the dumping margin or the amount of initially specified +subsidy. +3. Final preventive measures shall be imposed against excess in imports in the form of quality fees of restrictions. +4. Final preventive measures shall be imposed against excess in imports for a maximum of +two hundred days. + + +Federal Law No. (1) of 2017 on Anti -Dumping and Countervailing and Preventive Measures 8 + " +economy and business,Federal Law No. (1) of 2017 on Anti-Dumping and Countervailing and Preventive Measures,"Article (7) +No Combination of Measures +The imported product may not be subject to anti dumping measures as well as a +countervailing measure to remedy the same case of dumping or export -targeted subsidy. + +" +economy and business,Federal Law No. (1) of 2017 on Anti-Dumping and Countervailing and Preventive Measures,"Article (8) +Law Enforcement Bodies +1. The Department shall receive and consider the complaints and then conduct investigations and reviews against harmful practices in international trade facing the +national industry. +2. Under a resolution of the Minister, a committee known as the ""Advisory Committee to Combat Harmful Practices in International Trade"" shall be formed from representatives +of a number of relevant Federal and Located Bodies. Such committee shall consider the +results concluded by the Department on the complaints of harmful practices in +international trade submitted thereto under article (4) of this Law. +3. The Minister, of his authorized officer, the resolutions related to enforcing the provisions +of this Law and the executive regulations thereof upon a recommendation of the +advisory committee. +4. The executive regulations of this Law shall determine the committee's actions as well as +the controls of conditions and procedures related to the rejection of temporary and final +measures and undertakings. + +" +economy and business,Federal Law No. (1) of 2017 on Anti-Dumping and Countervailing and Preventive Measures,"Article (9) +Notices & Notifications +1. The Ministry shall submit to WTO all notices required by WTO Conventions on +Anti -Dumping, Subsidy, countervailing and preventive measures. +2. The resolutions and notices related to the investigations of harmful practices in +inter national trade shall be published in accordance with the Ministry's applicable +procedures. +Federal Law No. (1) of 2017 on Anti -Dumping and Countervailing and Preventive Measures 9 + " +economy and business,Federal Law No. (1) of 2017 on Anti-Dumping and Countervailing and Preventive Measures,"Article (10) +Confidentiality of Information +1. Employees of the Ministry as well as the employees of any other government body who +access, in the course of applying the provisions of this Law, to confidential information +and data by their very nature or provided by any other person as confidential, shall keep +such information confidential and may not disclose the same to any third party without +obtaining a written permission from the party providing such information or upon a +request issued by a competent judicial body. +2. The interested or concerned parties shall provide non -confidential summaries to the +Department, the details of which allow them to understand the essence of confidential +information by its very nature or the information provided as confidential. +3. The executive regulations of this Law shall determine the ways of handling confidential +information and disclosure mechanisms. + +" +economy and business,Federal Law No. (1) of 2017 on Anti-Dumping and Countervailing and Preventive Measures,"Article (11) +Customs Release +The investigation procedures provided for herein and the executive regulations hereof shall +not preclude the customs release of the imports of the product subject of investigation. + +" +economy and business,Federal Law No. (1) of 2017 on Anti-Dumping and Countervailing and Preventive Measures,"Article (12) +Collection of Data & Statistics +1. For the sake of applying the provisions of this Law and the executive regulations hereof, +the Ministry may request the statistical information and data required for investigating +the anti- dumping and targeted subsidy as well as the imports excess, from any +government body in the State that has the required information. +2. The government body shall respond to the Ministry with the required statistical information and data no later than fifteen business days from the request receipt date. +3. The Department shall use the statistical information and data mentioned in Paragraph +(1) of this Article within the limits required by the investigation procedures, subject to +Federal Law No. (1) of 2017 on Anti -Dumping and Countervailing and Preventive Measures 10 + observing the information confidentiality. + +" +economy and business,Federal Law No. (1) of 2017 on Anti-Dumping and Countervailing and Preventive Measures,"Article (13) +Imposition & Collection of Fees +1. The measures imposed in accordance with the provisions of this Law and the executive +regulations hereof shall apply to the imports of the products under investigation that is imported for the purpose of consumption within the State. +2. The amounts and safeguards due for temporary and final measures imposed on the imports of the product subject of investigation in accordance with the provisions of this Law and the executive regulations hereof and based on the mechanism to be +determined through coordination among the Ministry, FCA and Customs Departments. +3. The proceeds of imposing final measures on the imports of the product subject of +investigation shall be deposited in the Public Treasury after deducting the service fees to +be determined through coordination among the Ministry, FCA and Customs Departments. +4. The proceeds of temporary measures shall be treated as a deposit during the application period as follows: +A. If a decision is issued on the investigations proving the presence of any of the +harmful practices in international trade and damage the causal relationship between +them, the same shall be treated as final measures. +B. If a decision is issued on the investigations proving the absence of any of the harmful practices in international trade or damage the causal relationship between them, +each financial guarantee or banking guarantee or a fee that is charged for the product +subject of investigation shall be released. +5. FCA shall provide the Ministry with periodical statistics on the value and quantity of +imports of the products subject to the measures and the proceeds resulting from the +application of such measures. + + +Federal Law No. (1) of 2017 on Anti -Dumping and Countervailing and Preventive Measures 11 + " +economy and business,Federal Law No. (1) of 2017 on Anti-Dumping and Countervailing and Preventive Measures,"Article (14) +Registration & Follow up +Where there are sufficient indicators or where the imports of a particular product threatens +the occurrence of damage to the national industry, the importation of the concerned +product shall be subject to the procedure of registration or follow -up for a temporary period +according to the procedures and controls in respect of which a Cabinet resolution is issued based on the Minister's proposal. + +" +economy and business,Federal Law No. (1) of 2017 on Anti-Dumping and Countervailing and Preventive Measures,"Article (15) +GCC Industry +1. If the GCC industry experiences due to the presence of harmful practices in international trade, the combating of which shall be subject to the procedural and substantive +procedures set forth in the Executive Regulations hereof. +2. The Ministry shall participate in the harmful practices in international trade that result in damage to the GCC industry, which are conducted by the concerned GCC bodies in +accordance with the Common Law. +3. The Ministry shall, in coordination with the government bodies in the State, enforce all +resolutions issued by the GCC bodies in charge of the investigations into harmful +practices in international trade that result in damage to the GCC industry. + +" +economy and business,Federal Law No. (1) of 2017 on Anti-Dumping and Countervailing and Preventive Measures,"Article (16) +Penalties +Without prejudice to any more severe penalty provided for in any other Law, whoever violates the provisions of article (10) of this Law shall be penalized by prison sentence +and/or a fine of not less than AED (250,000) two hundred and fifty thousand dirhams. + + + +Federal Law No. (1) of 2017 on Anti -Dumping and Countervailing and Preventive Measures 12 + " +economy and business,Federal Law No. (1) of 2017 on Anti-Dumping and Countervailing and Preventive Measures,"Article (17) +Courts +1. Federal Courts of Appeal shall have exclusive jurisdiction to hear the appeals filed +against the final decisions issued by the Minister or any officer authorized by him in +enforcement of the provisions of this Law and the executive regulations hereof. +2. Lawsuits for revocation of administrative decisions referred to in clause (1) of this Article shall not be heard following the lapse of three (3) months from the date of publishing +the appealed administrative decision or notifying the same to the concerned party or +where the latter is proven to have certain knowledge of the such decision. +3. The continuation of such time limit shall be interrupted by appealing to the Minister and +the Appeal shall be decided upon within thirty days from the filing date thereof. If a +rejection decision is made, it shall be substantiated; however, the lapse of thirty days +following the filing date of the appeal without being responded to by the Minister shall +be construed as implicit rejection of the same, and the appeal filing time limit shall +commence from the date of express or implicit rejection of the appeal, as the case may +be. + +" +economy and business,Federal Law No. (1) of 2017 on Anti-Dumping and Countervailing and Preventive Measures,"Article (18) + Law Enforcement Capacity +Employees of the Ministry, nominated under a decision of the Minister of Justice in +agreement with the Minister, shall have the capacity of law enforcement officers for the sake +of detecting the violations of the provisions of this law and the resolutions issued in +implementation hereof, within the area of competence of each of them. + +" +economy and business,Federal Law No. (1) of 2017 on Anti-Dumping and Countervailing and Preventive Measures,"Article (19) +Fees +The Cabinet shall issue, upon a proposal of the Minister of Finance, a decision determining +the fees required for enforcing the provisions hereof. +Federal Law No. (1) of 2017 on Anti -Dumping and Countervailing and Preventive Measures 13 + " +economy and business,Federal Law No. (1) of 2017 on Anti-Dumping and Countervailing and Preventive Measures,"Article (20) +Final Provisions +The Cabinet shall issue, upon a proposal of the Minister, the executive regulations of this +Law within (90) days from the issuance date hereof. + +" +economy and business,Federal Law No. (1) of 2017 on Anti-Dumping and Countervailing and Preventive Measures,"Article (21) +Any provision which conflicts with or is repugnant to provisions hereof shall be repealed. + +" +economy and business,Federal Law No. (1) of 2017 on Anti-Dumping and Countervailing and Preventive Measures,"Article (22) +This Law shall be published in the Official Gazette and shall enter into force as of the day +following the publication date. + + +Khalifa Bin Zayed Al Nahyan +President of the UAE + +Issued by us at the Presidential Palace in Abu Dhabi +On 19 Rajab 1438 AH +Corresponding to: 16 April 2017 + + " +security and safety,"Federal Decree-Law No. (20) of 2018 On Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organizations","Article (1) +In application of the provisions of this Law by Decree, the following words and phrases shall +have the meanings assigned to each of them, unless the context otherwise requires: +State : The United Arab Emirates. +Ministry : Ministry of Finance. +Minister : Minister of Finance. +Central Bank : Central Bank of the United Arab Emirates. +Federal Decree- Law No. (20) of 2018 On Anti -Money Laundering, Combating the Financing of Terrorism and +Financing of Illegal Organizations 3 + Governor : Governor of the Central Bank. +Committee : The National Committee for Anti- Money Laundering, Combating +the Financing of Terrorism and Financing of Illegal +Organisations. +Unit : Financial information unit. +Regulatory Body : Federal and local authorities authorised by legislations to control +financial institutions, designated non -financial businesses and +professions and virtual asset service providers, non -profit +associations, or the competent authority to approve the practice +of the activity or profession if the legislations do not determine +the regulatory body. +Law Enforcement +Bodies : Federal and local authorities, entrusted under their legislation in +force, to carry out offences combating, investigating and +evidence- gathering, including money laundering and financing +of terrorism and financing of illegal organisations. +Relevant Authorities : +Governmental bodies authorised to enforce any provision of this +Law by Decree in the State. +Original Offence : Any action that forms a felony or misdemeanour under +legislations applicable in the State, whether such action is +committed inside or outside the State whenever it is penalised in +both states. +Money Laundering : Any of the actions specified in Clause (1) of article (2) of this Law by Decree. +Financing of terrorism : +Any of the actions specified in Articles (29 and 30) of the +aforementioned Federal Law No. (7) of 2014. +Illegal Organisations : +Organisations criminalised to be established or organisations +that have a criminalised activity. +Financing of Illegal : Any material action or legal behaviour aimed at providing funds +Federal Decree- Law No. (20) of 2018 On Anti -Money Laundering, Combating the Financing of Terrorism and +Financing of Illegal Organizations 4 + Organisations for an illegal organisation, one of its activities or one of its +members. +Crime : Money laundering crime or original crimes relating to money +laundering, financing of terrorism or financing of illegal +organisations. +Funds : Assets, whatever the method of acquisition, type and form, +physical or intangible, movable or immovable, electronic, digital +or encrypted, including national and foreign currency, +documents or bonds of any form, including electronic or digital +form that prove the ownership of such assets, or any related +shares or equities; as well as economic resources, which are +deemed assets of any type whatsoever, including natural +resources and bank credits, cheques, pay orders, shares, +securities, bonds, bills and lett ers of credit, in addition to any +other benefits, profits or incomes received or generated from +such assets and that can be used to obtain any finance, goods, or +services. +Virtual Assets : A digital representation of the value that can be digitally traded +or transferred, and can be used for payment or investment +purposes, and otherwise as specified in the Executive Regulation +of this Law by Decree. +Proceeds : Funds directly or indirectly generating from committing any +felony or misdemeanour. This shall include profits, concessions, +economic interests and any similar funds whether fully or +partially transferred into other funds. +Instrumentalities : Anything used or intended to be used to commit a felony or +misdemeanour. +Suspicious : Transactions relating to funds for which there are reasonable +Federal Decree- Law No. (20) of 2018 On Anti -Money Laundering, Combating the Financing of Terrorism and +Financing of Illegal Organizations 5 + Transactions causes to suspect that such funds are collected by committing +any felony or misdemeanour or it is relating to financing of +terrorism or illegal organisations, whether such transactions had +been executed or intended to be executed. +Freezing or seizure : Temporary ban on money transfer, movement, exchange or +disposal in any form by an order issued by a competent +authority. +Confiscation : Expropriation of private funds, proceeds or instrumentalities +permanently by a judgment issued by a competent court. +Financial +Institutions : Anyone who practises one or more financial activities or +financial operations determined by the Executive Regulation of +this Law by Decree for the interest of a customer or on his behalf. +Designated +non -financial +business and +professions : Anyone who practises one or more commercial or professional +businesses determined by the Executive Regulation of this Law +by Decree. +Non -profit +organisations : Any group of an organisation that is permanent for a specific or +unspecific period of time and is composed of natural, legal +persons or a legal arrangement that is non -profit and collects, +receives, disburses funds for charitable, religious, cultural, +educational, social or solidarity purposes or any other goodwill +purposes. +Legal Arrangement : The relationship formed by virtue of a contract between two +parties or more, including but not limited to trust funds or other similar arrangements. +Customer : Anyone who performs or is going to perform any of the actions +determined by the Executive Regulations of this Law by Decree +with one of the financial institutions, designated non- financial +businesses or professions, virtual assets providers. +Federal Decree- Law No. (20) of 2018 On Anti -Money Laundering, Combating the Financing of Terrorism and +Financing of Illegal Organizations 6 + Beneficial Owner : The natural person who owns or exercises an ultimate actual +control, either directly or indirectly, on the customer, or the +natural person on behalf of whom transactions are run. The term +also includes the natural person who exercises an ultimate actual +control on a legal person or a legal arrangement, whether directly +or through a chain of ownership, control, or other indirect +means. +Virtual asset +service providers : Any natural or legal person who, as a business, practises one or +more of the activities of virtual assets specified in the Executive +Regulation of this Law by Decree, or the operations related +thereto for the benefit of or on behalf of another natural or legal +person. +Operation : Any disposal or usage of the funds or proceeds, including for +example: depositing, withdrawing, transferring, selling, +purchasing, exchanging, mortgaging and donating. +Registrar : The competent authority supervising the register of commercial +names of different institutions registered in the State. +Due Diligence +Measures : The process of identification or checking of the customer or the +beneficial owner information, whether a natural person, a legal +person or a legal arrangement, in addition to the nature of his +work, purpose of work, structure of ownership and its control, +for the purposes of this Law by Decree and its Executive +Regulation. +Controlled Delivery : +A way where the competent authority allows under its control +the entrance of illegal or suspicious funds or proceeds of crimes +to the lands of the State, their passage, transit or exiting the State +in order to investigate a crime and determine the identity of the +perpetrators. +Federal Decree- Law No. (20) of 2018 On Anti -Money Laundering, Combating the Financing of Terrorism and +Financing of Illegal Organizations 7 + Secret Operation : A way of investigation and examination by which a judicial +officer assumes an identity other than his real one or perform a +hidden or false role to obtain evidence or information relevant to +the crime. + + +" +security and safety,"Federal Decree-Law No. (20) of 2018 On Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organizations","Article (2) +1. Any person who knows that funds are proceeded by an original offence and committed +any of the following acts shall be deemed a money launderer: +a. Transferring, moving or conducting any operation to conceal or disguise its illegal +source. +b. Concealing or disguising the fact of proceeds, their source, place, the way of +disposition, their movement, ownership or relevant rights. +c. Gaining, possessing or using the proceeds upon its delivery. +d. Helping the perpetrator of the original offence to evade punishment. +2. A money laundering crime shall be deemed as a separate crime, and any penalty +enforced against the perpetrator of the original offence shall not preclude punishment +for a money laundering crime. +3. Conviction of the original offence shall not require proving the illegal source of proceeds. + +" +security and safety,"Federal Decree-Law No. (20) of 2018 On Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organizations","Article (3) +Without prejudice to the provisions of Federal Law No. (3) of 1987 and Federal Law No. (7) of 2014: +1. A person shall be deemed to have committed a terrorism finance crime if he deliberately +commits any of the following: +a. Any of the actions stipulated in clause (1) of article (2) of this Decree -Law, if he +knows that all or part of the proceeds are owned by a terrorist or a terrorist +organisation or prepared to finance a terrorist, a terrorist organization or an act of +Federal Decree- Law No. (20) of 2018 On Anti -Money Laundering, Combating the Financing of Terrorism and +Financing of Illegal Organizations 8 + terrorism, even if this is not for the purpose of concealing or disguising its illegal +source. +b. If the person provides, collects , prepares or facilitates for a third party to obtain, for the purpose of using, such proceeds or knowing that such funds will be used totally or partially in committing an act of terrorism, or if he commits such actions for a +terrorist organization or a terrorist knowing their true nature or their purpose. +2. A person shall be deemed to have committed the crime of financing an illegal +organisation if he deliberately commits any of the following: +a. Any of the actions stipulated in clause (1) of article (2) of this Decree -Law, if he +knows that all or part of the proceeds are owned by an illegal organisation or one of +the members of such organization or that such funds are prepared for financing any +of them, even if this is not for the purpose of concealing or disguising their illegal +source. +b. If the person provides, collects, prepares or facilitates for a third party to obtain, for +the purpose of using, such proceeds or knowing that such funds will be used totally +or partially for an illegal organization or for one of the members of such organization +knowing their true nature or their purpose. + +" +security and safety,"Federal Decree-Law No. (20) of 2018 On Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organizations","Article (4) +A legal person shall be criminally responsible for the crime if it is committed in its name or on its behalf on purpose. This shall be without prejudice to the personal penal responsibility +of the committer of such crime and the administrative penalties stipulated by law. + +" +security and safety,"Federal Decree-Law No. (20) of 2018 On Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organizations","Article (5) +1. The Governor or whomever is acting in his place may order to freeze the suspicious +funds at the financial institutions for a period that does not exceed (7) seven working +days pursuant to the rules and regulations determined by the Executive Regulations of +this Decree- Law and shall be renewed by the public prosecutor or his delegate. +Federal Decree- Law No. (20) of 2018 On Anti -Money Laundering, Combating the Financing of Terrorism and +Financing of Illegal Organizations 9 + 2. Public Prosecution or the competent court, as the case may be, may order to determine, +follow or evaluate the suspicious funds, proceeds and instrumentalities, their equivalent +value or to seize or freeze them if they are a result of the crime or related to a crime +without any prior notice to their owner and to ban him from travelling until the end of the investigation or trial. +3. Public Prosecution or the competent court, as the case may be, may, as and when +required, take the decisions that would prevent dealing or disposing of these funds, +proceeds, instrumentalities, and take necessary measures to prevent any act intended to +circumvent the orders of freezing or seizure issued in their regard, without prejudice to +the rights of bona fide third party. +4. Decisions to freeze funds at the financial institutions licensed by the Central Bank shall be enforced only through the Central Bank. +5. Appeal against the decision of the Public prosecution of freezing or seizure of funds pursuant to the provisions of this article shall be filed with the competent court in whose jurisdiction the Public Prosecution issuing the decision is located. If the appeal is denied, +no new appeal may be filed except after the lapse of three months from the date on +which the appeal has been denied unless a serious reason occurs before the lapse of +such period. +6. The appeal shall be filed through a report to be presented to the competent court and the +president of the court shall schedule a hearing to consider the appeal; the appellant shall +be notified of the date of such hearing. Public Prosecution shall submit a memo on its +opinion about the appeal and the court shall adjudicate within not more than (14) +fourteen working days from the date of submitting the appeal. +7. Public Prosecution and the competent court may appoint whom they consider suitable to manage the seized, frozen or confiscated funds, proceeds and instrumentalities and to +permit their disposition or sale, even before a judgment is issued, if necessary. The price +of the sale shall go to the treasury of the State if there is a final judgment of conviction. +These funds shall be encumbered, within their value, with any rights legally determined +to any bona fide party within its value. +Federal Decree- Law No. (20) of 2018 On Anti -Money Laundering, Combating the Financing of Terrorism and +Financing of Illegal Organizations 10 + 8. The Executive Regulations of this Decree -Law shall determine the rules and controls to +execute the provisions of this article. + +" +security and safety,"Federal Decree-Law No. (20) of 2018 On Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organizations","Article (6) +1. Without prejudice to the provisions of article (5) of this Law by Decree, no penal case +shall be filed against the perpetrator of a money laundering, financing of terrorism or +financing of illegal organisations crime unless by the Public Prosecutor or his deputy. +2. The Public Prosecutor or his deputy and the competent court, as the case may be, may +issue a decision to take necessary procedures to protect intelligence information and +ways of attainment thereof or to order the competent authorities to provide protection +for witnesses, secret sources, the accused or other parties in the case, if there is a serious concern about their safety. + +" +security and safety,"Federal Decree-Law No. (20) of 2018 On Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organizations","Article (7) +1. Public Prosecution may, of its own volition, or at the request of law enforcement +authorities, when there are enough evidence of the occurrence of a crime, order to +directly review the accounts, records and documents in the hands of third parties ; order to access the contents of the computer systems, IT devices, correspondence and mail +packages; identify, track and seize funds; monitor accounts; ban from traveling and other +procedures that help to discover the crime and its committers without prejudice to statutes in force in the State. +2. Law enforcement authorities may conduct undercover operations and other investigative techniques in addition to carrying out controlled delivery operations +whenever this would help to discover the crime, its evidence or identify the source and +destination of the funds, proceeds or instrumentalities of the crime and to arrest its committers without prejudice to statutes in force in the State. +3. Persons assigned by the law enforcement authorities to investigate a crime through an undercover operation or controlled delivery shall not be criminally accountable for any +Federal Decree- Law No. (20) of 2018 On Anti -Money Laundering, Combating the Financing of Terrorism and +Financing of Illegal Organizations 11 + action that may constitute a punishable crime, unless that person instigated the +commission of such action or exceeded the powers given to him. +4. Authorities concerned shall keep comprehensive statistics of suspicious transactions reports; crime -related investigations and judgments; frozen, seized and confiscated +funds; requests of international cooperation and any other statistics relevant to the +effectiveness and sufficiency of crime combating procedures. + +" +security and safety,"Federal Decree-Law No. (20) of 2018 On Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organizations","Article (8) +Any person who brings into or takes out of the State any currencies, bearer negotiable +instruments BNI, precious metals or stones shall disclose the same pursuant to the +Disclosure Law issued by the Central Bank. + +" +security and safety,"Federal Decree-Law No. (20) of 2018 On Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organizations","Article (9) +An independent ""Financial Information Unit"" shall be formed at the Central bank. Reports +about suspicious transactions and information relevant to such transactions from all +financial institutions, non- financial designated businesses and professions and virtual asset +service providers shall be sent to this Unit, to be studied, analysed and referred +automatically or upon request to the competent authorities. Said Unit shall: +1. Order the financial institutions, non- financial designated businesses and professions +and virtual asset service providers to provide any information or additional documents +relevant to reports and information the Unit has received, in addition to other +information the Unit deems necessary to perform its tasks within the time and form +determined by the Unit. +2. Exchange information with peer units in other states concerning the reports of +suspicious transactions, any other information the Unit is entitled to acquire or reach, +directly or indirectly, according to international agreements to which the State is a party, +any understandings made between the Unit and other units to organise cooperation or the norm of reciprocity. The Unit may inform its peer units of the outcome of using the +Federal Decree- Law No. (20) of 2018 On Anti -Money Laundering, Combating the Financing of Terrorism and +Financing of Illegal Organizations 12 + information presented and analyses conducted based on such information. Such +information may not be used unless for the purposes of combating the crime and may +not be disclosed to any other third party without the consent of the Unit. +3. Create a database or a private register for the information obtained by the Unit. The Unit +shall protect this database through putting secured control rules over the information +and its confidentiality, including the procedures of information processing, storing and +referring and to ensure limited access to its installations, information and technology systems. +4. Assume any other competences determined by the Executive Regulation of this Law by Decree. + +" +security and safety,"Federal Decree-Law No. (20) of 2018 On Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organizations","Article (10) +1. Public prosecution may request the opinion of the Unit concerning the reports coming thereto about money laundering and financing terrorism and illegal organizations. +2. Law enforcement agencies shall receive the reports of suspicious transactions sent thereto from the Unit and shall collect evidence about the same. +3. Law enforcement agencies may obtain the information they deem necessary for performing their mandates from the relevant bodies pursuant to the Executive Regulations of this Decree -Law. + +" +security and safety,"Federal Decree-Law No. (20) of 2018 On Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organizations","Article (11) +A committee named ""The National Committee of Anti- Money Laundering and Countering +the Financing of Terrorism and the Financing of Illegal Organisations"" shall be formed +subject to the provisions of this Decree -Law and shall be chaired by the Governor. A +Resolution by the Minister shall determine the formation of the committee. + + + +Federal Decree- Law No. (20) of 2018 On Anti -Money Laundering, Combating the Financing of Terrorism and +Financing of Illegal Organizations 13 + " +security and safety,"Federal Decree-Law No. (20) of 2018 On Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organizations","Article (12) +The Committee shall: +1. Set and develop a national strategy for anti- money laundering, propose relevant +systems, procedures and policies in coordination with competent authorities and follow +up on the execution thereof. +2. Determine and evaluate crime risks at the national level. +3. Coordinate with competent authorities and refer to sources of information in relevant +international bodies to determine high risk states and states who have weaknesses in +combating money laundering and financing terrorism, determine the necessary counter +measures and other measures in line with the level of risks, and instruct the regulatory +authorities to investigate the commitment of financial institutions, non- financial +designated businesses and professions, virtual asset service providers and non -profit +associations subject to its supervision concerning the application of such measures. +4. Facilitate information exchange and coordinate between authorities represented in the +Committee. +5. Evaluate the effectiveness of the system of anti -money laundering, combating the +financing of terrorism and financing of illegal organisations through collecting statistics +and other relevant information from concerned authorities and analyse the same. +6. Represent the State in international events relevant to anti- money laundering and +combating terrorism finance. +7. Propose the regulative by -law concerning the work of the Committee and present it to +the Minister for approval. +8. Assume any other matters referred thereto by the concerned authorities of the State. + +" +security and safety,"Federal Decree-Law No. (20) of 2018 On Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organizations","Article (13) +Regulatory authorities shall, each within its jurisdiction, perform the tasks of supervision, monitoring and follow -up to ensure the commitment to provisions stipulated in this Law by +Decree, its Executive Regulation, regulatory resolutions and any other relevant resolutions. +Federal Decree- Law No. (20) of 2018 On Anti -Money Laundering, Combating the Financing of Terrorism and +Financing of Illegal Organizations 14 + Those authorities shall in particular: +1. Conduct a risk evaluation of the possible occurrence of the crime in financial institutions, +non -financial designated businesses and professions, virtual asset activities, activities of +virtual asset service providers and non -profitable associations. +2. Conduct supervision operations, office and field inspection in financial institutions, +non -financial designated businesses and professions, virtual asset service providers and +non -profitable associations. +3. Issue resolutions relevant to administrative sanctions subject to this Law by Decree and +its Executive Regulation, in addition to the appeal mechanism, and keep statistics about +the measures taken and penalties imposed. +4. Assume any other competences determined by the Executive Regulation of this Law by Decree. + +" +security and safety,"Federal Decree-Law No. (20) of 2018 On Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organizations","Article (14) +1. Without prejudice to any administrative sanction stipulated by any other legislation, the +Regulatory Authority may impose the following administrative penalties on financial +institutions, non -financial designated businesses and professions, virtual asset service +providers and non- profitable associations subject to its supervision upon the violation of +any provision of this Law by Decree, its Executive Regulation, regulatory resolutions or +any other relevant resolutions: +a. A warning notice. +b. An administrative fine not less than (50,000) fifty thousand AED and not exceeding +(5,000,000) five million AED per violation. +c. The violator shall be prevented from working in the sector relevant to the violation +for the period determined by the Regulatory Authority. +d. Restriction of the powers of the board members, members of the executive or +supervisory management, managers or owners whose responsibility for the violation is proven, including the appointment of a temporary controller. +e. Suspending the mangers, board members, members of the executive or supervisory +Federal Decree- Law No. (20) of 2018 On Anti -Money Laundering, Combating the Financing of Terrorism and +Financing of Illegal Organizations 15 + management whose responsibility for the violation is proven for the period +determined by the Regulatory Authority or ordering their replacement. +f. Suspension or restriction of practising the activity or profession for the period determined by the Regulatory Authority. +g. Cancellation of the licence. +2. With the exception of Paragraph (F) of clause (1) of this Article, the Regulatory Authority may, upon imposing administrative sanctions, issue an order requesting the presentation of regular reports about the measures taken to remedy the violation.In all cases, the +Regulatory Authority is entitled to publish whatever administrative sanctions in different +publication media. + +" +security and safety,"Federal Decree-Law No. (20) of 2018 On Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organizations","Article (15) +Financial institutions, non -financial designated businesses and professions and virtual asset +service providers shall, upon suspicion or when having plausible reasons to suspect the +existence of money laundering or funds that are proceeds in whole or in part, or upon +suspecting that such funds relate to the crime or will be used in the crime, regardless its +value, promptly and directly inform the Unit. They shall provide the Unit with a detailed +report including all details and information available about the operations and the relevant parties as well as any additional information required by the Unit without the excuse of +confidentiality conditions. Excluded from the above: attorneys, the notary public and other +persons of legal professions, legal independent auditors, if the information relevant to said operations had been collected in circumstances in which they are subject to professional +confidentiality. +The Executive Regulation of this Law by Decree shall determine the rules, controls and cases +of commitment to reporting suspicious transactions. + +" +security and safety,"Federal Decree-Law No. (20) of 2018 On Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organizations","Article (16) +1. Financial institutions and designated non -financial businesses and professions DNFBPs +Federal Decree- Law No. (20) of 2018 On Anti -Money Laundering, Combating the Financing of Terrorism and +Financing of Illegal Organizations 16 + shall: +a. Continuously identify, evaluate, document and update crime risks in their field of +work through the multiple aspects of risk set forth by the Executive Regulations of +this Decree- law and shall keep an identification and evaluation study of risk and the +relevant information to present it to the regulatory authority upon request. +b. Take all due diligence procedures and measures, determining their scope based on +the multiple aspects of risks, taking in consideration the results of the National Risk +Assessment. They shall keep the information acquired through implementing these +measures. The Executive Regulations of this Decree -law shall determine the cases on +which these procedures and measures shall be applied in addition to the conditions +of postponing the completion of the customer's or the beneficial owner's identity +verification. +c. Not open accounts or conduct any financial or commercial transactions in an anonymous name, a pseudonym, an alias, or a name formed of numbers, or to keep such accounts and provide any services thereto. +d. Set forth policies, controls and internal procedures approved by the top management to enable such entities to manage and limit the identified risks, and to review and +continuously update them and to apply the same to all branches and affiliates in +which they own the majority of shares. The Executive Regulations of this Decree -law +shall determine what these policies, controls and procedures shall include. +e. Immediately apply the decisions issued by the competent authority in the State concerning the application of the resolutions issued by the UN Security Council +under Chapter Seven of the UN Charter on preventing, suppressing terrorism and its +financing in addition to countering the proliferation of weapons of mass destruction and its financing among other relevant resolutions. +f. Keep all records, books, documents and data of all transactions, local or +international, and make them immediately available to the competent authority +upon request, as determined by the Executive Regulations of this Decree -Law. +g. Any other obligations determined by the Executive Regulations of this Decree -Law. +Federal Decree- Law No. (20) of 2018 On Anti -Money Laundering, Combating the Financing of Terrorism and +Financing of Illegal Organizations 17 + 2. For the purposes of this Decree -Law, the Executive Regulations shall regulate the +following: +a. The obligations of Non -profit associations. +b. The keeping of all information and registers by the Registrar, as well as making them +available upon request and taking all the procedures required to make them +available to the public. +c. The keeping of information and records by the legal person and the legal +arrangement and the provision of thereof upon request. . + +Article (16) BIS +1. It is prohibited for any natural or legal person to practise the activities of virtual asset +service providers or any of the financial activities without a licence, entry or registration, +as the case may be, from the competent regulatory authorities. +2. For the purposes of this Law by Decree, the Executive Regulation shall regulate the +obligations of virtual asset service providers. + +" +security and safety,"Federal Decree-Law No. (20) of 2018 On Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organizations","Article (17) +The information obtained in connection with a suspicious transaction, or a crime stipulated +in this Law by Decree shall be considered confidential and cannot be disclosed except to the +extent necessary for its use in investigations, lawsuits or cases related to violation of the +provisions of this Law by Decree. + +" +security and safety,"Federal Decree-Law No. (20) of 2018 On Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organizations","Article (18) +1. Competent judicial authority, based on the request of a judicial authority in another country with which the Country has a valid treaty, or under a reciprocity condition +concerning the actions punishable by the statutes in force in the State, may provide +judicial assistance in investigations, trials or procedures related to the crime. The +competent judicial authority may order the following: +Federal Decree- Law No. (20) of 2018 On Anti -Money Laundering, Combating the Financing of Terrorism and +Financing of Illegal Organizations 18 + a. Designate, freeze, seize or confiscate the funds, proceeds or other instrumentalities +resulting from the crime used or intended to be used in such crime, or any other +procedures that can be applied subject to the statutes in force in the State including +the submission of the records kept by financial institutions, designated non -financial +businesses and professions DNFBPs or non -profit associations; searching persons +and buildings; taking witness statements; obtaining evidence; and using +investigation techniques such as undercover operations, communications +interception, data and electronic information collection and controlled delivery. +b. Extradite and receive the persons and handover and retrieve the items related to the +crime urgently subject to the statutes in force in the State. +2. Competent authorities shall exchange the information relevant to the crime in with foreign counterparts in a speedy manner and perform the requests received from any +competent body in a foreign State with which a valid treaty exists or under a reciprocity +condition. The competent authorities may collect the requested information from the relevant agencies and take the necessary measures to protect the confidentiality of such +information and ensure its use only for the purpose for which it was requested or +provided subject to statutes in force in the State. + +" +security and safety,"Federal Decree-Law No. (20) of 2018 On Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organizations","Article (19) +1. The concerned authorities shall give priority to requests of international cooperation relevant to the provisions of this Law by Decree and shall execute such requests urgently +and take all effective procedures to keep the confidentiality of information received. +2. Within the scope of the enforcement of provisions of this Law by Decree, an international cooperation request shall not be refused based on any of the following: +a. The crime implies financial or tax matters. +b. The crime is political or relevant to politics. +c. Confidentiality provisions obligatory to financial institutions and designated +non -financial businesses and professions without prejudice to legislations applicable +in the State. +Federal Decree- Law No. (20) of 2018 On Anti -Money Laundering, Combating the Financing of Terrorism and +Financing of Illegal Organizations 19 + d. The request is connected to a crime under investigation or a judicial pursuit in the +State unless the request hinders such investigations or pursuit. +e. Any other cases determined by the Executive Regulation of this Law by Decree. +3. The Executive Regulation of this Law by Decree shall determine the rules, controls and procedures regulating international cooperation. + +" +security and safety,"Federal Decree-Law No. (20) of 2018 On Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organizations","Article (20) +Any court judgment or order stipulating the confiscation of funds, proceeds or instrumentalities relating to money laundering, financing terrorism or financing illegal +organizations issued by a competent court or judicial authority in another State with which +the State has approved ratified treaty may be recognised. + +" +security and safety,"Federal Decree-Law No. (20) of 2018 On Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organizations","Article (21) +Punishments stipulated in this Decree -Law shall not prejudice any more severe punishment +stipulated by any other law. + +" +security and safety,"Federal Decree-Law No. (20) of 2018 On Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organizations","Article (22) +1. A penalty of imprisonment for a period not exceeding ten (10) years and/or a fine not +less than (100,000) one hundred thousand AED and not exceeding (5,000,000) five +million AED shall be imposed on anyone who commits any of the crimes set forth under Clause (1) of article (2) of this Law by Decree. +2. The penalty shall be temporary imprisonment and/or a fine not less than (300,000) three hundred thousand AED and not exceeding (10,000,000) ten million AED if the +perpetrator commits a money laundering crime in any of the following cases: +a. If he has used his power or authority given thereto under his job or professional +activity. +b. If he commits the crime through a non -profitable association. +c. If he commits the crime through an organised criminal group. +Federal Decree- Law No. (20) of 2018 On Anti -Money Laundering, Combating the Financing of Terrorism and +Financing of Illegal Organizations 20 + d. Repetition. +3. Whoever has attempted to commit a money laundering crime shall be punished by the +full penalty imposed for it by law. +4. A penalty of life imprisonment or temporary imprisonment for a period not less than ten +(10) years and a fine not less than three hundred thousand (300,000) AED and not +exceeding ten million (10,000,000) AED shall be imposed on anyone who uses the +proceeds in financing terrorism. +5. A penalty of temporary imprisonment and a fine not less than three hundred thousand +(300,000) AED and not exceeding ten million (10,000,000) AED shall be imposed on +anyone who uses the proceeds in financing illegal organisations. +6. The court may, upon a request by the Public Prosecutor or his deputy or of its own accord, alleviate or exempt from the penalty imposed on the perpetrators who provide +the judicial or administrative authorities information relating to any of the crimes +penalised by this Article whenever this leads to revealing the crime or perpetrators, providing evidence or to seizing the proceeds thereof. + +" +security and safety,"Federal Decree-Law No. (20) of 2018 On Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organizations","Article (23) +1. A fine no less than (500,000) five hundred AED and not exceeding (50,000,000) fifty +million AED shall be imposed on any legal person whose any of his representatives, +directors, or agents have committed, for it or under its name, any of the crimes stipulated +in this Law by Decree. +2. The court shall rule, upon the conviction of the legal person in financing terrorism or financing illegal organisations, to liquidate and close the office where the legal person +practises its activity. +3. The court may, in the event of convicting a legal person of any of the crimes stipulated in Clause (1) of article (2), or article (8) of this Law by Decree, order to prevent it from +practising its activity for a specified period, or cancel the licence, entry or registration to practise its activity. +4. The court may, upon the conviction, order to publish the summary of the judgment in +Federal Decree- Law No. (20) of 2018 On Anti -Money Laundering, Combating the Financing of Terrorism and +Financing of Illegal Organizations 21 + the appropriate method and at the cost of the convicted. + +" +security and safety,"Federal Decree-Law No. (20) of 2018 On Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organizations","Article (24) +Whoever wilfully or due to gross negligence violates the provisions of article (15) of this +Decree- law shall be sentenced to prison and/or to pay a fine that is not less than (100,000) +one hundred thousand dirhams and not more than (1,000,000) one million dirhams. + +" +security and safety,"Federal Decree-Law No. (20) of 2018 On Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organizations","Article (25) +A penalty of imprisonment for a period not less than one year and/or a fine not less than one +hundred thousand (100,000) AED and not exceeding five hundred thousand (500,000) +AED, shall be imposed on anyone who informs or warns a person, or disclose information +under reviewing concerning suspicious operations or that competent authorities investigate +such operations or any relevant information in violation of the provisions of article (17) of +this Law by Decree. + +Article (25) BIS +A penalty of imprisonment for a period not less than three (3) months and/or a fine not less than fifty thousand (50,000) AED shall be imposed on anyone who possesses, conceals or +conducts any money transaction when there is sufficient evidence or presumption of the +illegality of its source. Upon conviction, the court shall rule for confiscation in accordance +with the provisions of article (26) of this Law by Decree. + +" +security and safety,"Federal Decree-Law No. (20) of 2018 On Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organizations","Article (26) +1. In the event of proving the committing of a crime, the court shall order to confiscate the +following: +a. Funds of the crime, proceeds of the crime and the instrumentalities +b. Any funds owned by the perpetrator that are equivalent to the funds and proceeds of the crime stipulated in Paragraph (A) of this Clause if such funds and proceeds are +Federal Decree- Law No. (20) of 2018 On Anti -Money Laundering, Combating the Financing of Terrorism and +Financing of Illegal Organizations 22 + difficult to be found. If it is not possible to rule for the confiscation of funds, proceeds +or instrumentalities because of the failure to seize them or because they are related +to the rights of bona fide third parties, the court shall rule a fine equivalent to its +value at the time of the crime. +2. Confiscation shall be made whether the funds, proceeds, instrumentalities are in the +possession or ownership of the perpetrator or another party, without prejudice to the +rights of bona fide third parties. +3. The fact that the perpetrator is unknown, his criminal responsibility is ceased, or the +criminal case has expired in a crime punishable by virtue of the provisions of this Law by +Decree does not preclude the competent court from ruling, of its own accord or at the +request of the Public Prosecution, as the case may be, to confiscate the seized funds, +proceeds and instrumentalities if it is proven that they are related to it. +4. Without prejudice to the rights of a bona fide third party, any contract or disposal where both or one of its parties has known or should have known that the purpose of the contract or disposal is to affect the capacity of the competent authorities to seize, freeze +or confiscate and execute such funds. + +Article (26) BIS +A penalty of imprisonment for a period not less than six (6) months and/or a fine not less +than two hundred thousand (200,000) AED and not exceeding five million (5,000,000) AED +shall be imposed on anyone who violates the provisions of article (16) BIS of this Law by +Decree. + +" +security and safety,"Federal Decree-Law No. (20) of 2018 On Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organizations","Article (27) +No penal, civil or administrative responsibility shall be borne by supervisory authorities, the Unit, law enforcement agencies and financial institutions and designated non -financial +businesses and professions DNFBPs, their Boards of Directors of such agencies, employees and duly authorized representatives due to providing any information required or exceeding +Federal Decree- Law No. (20) of 2018 On Anti -Money Laundering, Combating the Financing of Terrorism and +Financing of Illegal Organizations 23 + any restriction imposed by a legislative, contractual or administrative provision to ensure the +confidentiality of information, unless the reporting is proved to be malicious and for the +purpose of harming a third party. + +" +security and safety,"Federal Decree-Law No. (20) of 2018 On Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organizations","Article (28) +A penalty of imprisonment for a period not less than one year and not exceeding seven (7) years and/or a fine not less than fifty thousand (50,000) AED and not exceeding five million +(5,000,000) AED shall be imposed on anyone who violates the instructions issued by the concerned authority in the State regarding the implementation of the resolutions issued by +the United Nations Security Council under Chapter VII of the UN Charter regarding the +prevention and suppression of terrorism and its financing, and the prevention, suppression and halting of the proliferation of weapons of mass destruction and its financing, and other +relevant resolutions. + +" +security and safety,"Federal Decree-Law No. (20) of 2018 On Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organizations","Article (29) +1. If a foreigner is convicted of imprisonment in cases related to the crime of money +laundering and any of the felonies stated in this Law by Decree, he shall be repatriated +from the State. +2. Without prejudice to the provisions of Clause (2) of this Article, if a foreigner is convicted +of imprisonment in cases related to other misdemeanour provisions stipulated in this +Law by Decree, the court may order to repatriate him from the State or rules to +expatriate him instead of imprisonment. +3. The penal claim shall not lapse by limitation in crimes of money laundering, financing +terrorism or financing illegal organisations. The ruled penalty shall not be abated and +relevant civil cases connecting to such crimes shall not be lapsed by limitation. +4. Provisions of this Law by Decree shall not prejudice to the provisions of the +aforementioned Federal Law No. (7) of 2014. +5. The crime of financing illegal organisations shall be considered, if the purpose is to harm +Federal Decree- Law No. (20) of 2018 On Anti -Money Laundering, Combating the Financing of Terrorism and +Financing of Illegal Organizations 24 + the security or interests of the State, as well as the crime of financing terrorism, crimes +affecting interior and external security of the State. + +" +security and safety,"Federal Decree-Law No. (20) of 2018 On Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organizations","Article (30) +Whoever deliberately refrained from disclosing or abstained from providing additional information upon request or deliberately concealed information that should have been +disclosed or deliberately provided incorrect information in violation of article (8) of this +Decree- Law, shall be sentenced to prison and/or to pay a fine, and the court may, upon +conviction, confiscate the funds found without prejudice to the rights of bona fidethird +parties. + +" +security and safety,"Federal Decree-Law No. (20) of 2018 On Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organizations","Article (31) +Whoever violates any provision of this Decree -Law shall be sentenced to prison or to pay a +fine that is not more than (100,000) one hundred thousand dirhams and not less than +(10,000) ten thousand dirhams. + +" +security and safety,"Federal Decree-Law No. (20) of 2018 On Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organizations","Article (32) +Employees, who are assigned by a resolution issued by the Minister of Justice in coordination with the Governor, shall have the capacity of judicial officers to establish the +actions occurring in violation to the provisions of this Decree -Law or its Executive +Regulations or the resolutions issued in thereunder. + +" +security and safety,"Federal Decree-Law No. (20) of 2018 On Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organizations","Article (33) +The Cabinet shall, upon the proposition of the Minister, issue the Executive regulations of this Decree- Law. + +" +security and safety,"Federal Decree-Law No. (20) of 2018 On Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organizations","Article (34) +1. Any provision contrary to or inconsistent with the provisions of this Decree -Law shall be +Federal Decree- Law No. (20) of 2018 On Anti -Money Laundering, Combating the Financing of Terrorism and +Financing of Illegal Organizations 25 + repealed. +2. Federal Law No. 4 of 2002 Concerning Combating Money Laundering and Terrorism +Financing Crimes shall be repealed. + +" +security and safety,"Federal Decree-Law No. (20) of 2018 On Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organizations","Article (35) +This decree -Law shall be published in the official Gazette and shall come into force one +month after its date of publication. + + +Khalifa Bin Zayed Al Nahyan +President of The United Arab Emirates + +Issued by Us at the Presidential Palace in Abu Dhabi: +Dated: 13 Muharram 1440 AH +Corresponding to: 23 September 2018 + + " +security and safety,"Federal Decree by Law No. (24) of 2023, On Combating Human Trafficking","Article (1) +Definitions +In applying the provisions of this Decree -Law, the following words and expressions shall +have the meanings assigned to each of them, unless the context otherwise requires: +The State + : United Arab Emirates. + +Competent +Authorities + : Competent Federal Authorities. + +Concerned +Entities + : Local Concerned Entities. + +Human +Trafficking + : Crime set forth in article (2) herein. + +Child : Every human being born alive who has not reached (18) +Federal Decree -Law of 2023 on Combating Human Trafficking 2 + eighteen years old (Gregorian Calendar). + +An Organised +Criminal Group +(OCG) + : A group composed of at least (3) three persons, acting in +concert with the aim of committing any of the crimes set +forth h erein in order to directly or indirectly obtain a +financial or other benefit. + +A Crime of a +Transnational +Nature (CTN) + : A crime shall be of a transnational nature if it is committed +in more than one state, or committed in one state, yet it was +prepared, planned, directed, supervised in another state. A +Crime of a transnational nature may also be a crime +committed in one state by an organised criminal group +engaging in criminal activities in more than one state, or +any crime committed in one state and con sequences +thereof impacted other state. + +Funds + : Assets, regardless of the method of acquisition, type and +form, material or moral, movable or immovable, electronic, +digital or encrypted, including the national currency, +foreign currencies. In addition to legal documents and +instruments of any form, including the electronic or digital +form that prove the ownership of those assets, shares or +rights related thereto. As well as the economic re sources +that are considered assets of any type, including natural +resources, bank credits, checks, payment orders, stocks, +securities, bonds, bills of exchange, letters of credit. +Moreover, any interest, profits, or other income derived or +arising from the se assets and can be used to obtain any +financing, goods, or service s. +Proceeds : Funds, directly or indirectly, generating from committing +Federal Decree -Law of 2023 on Combating Human Trafficking 3 + any of the crimes set forth herein. This shall include profits, +concessions, economic interests and any similar fu nds +whether fully or partially transferred into other funds. + +Victim + : Every natural person who has suffered material or moral +damage as a result of one of the criminal acts punishable in +accordance with the provisions hereof. + +" +security and safety,"Federal Decree by Law No. (24) of 2023, On Combating Human Trafficking","Article (2) + The Crime of Human Trafficking +1. Whoever do any of the following shall be deemed to have committed a human +trafficking offence: +A. Whoever sells, offers to sell or purchase, promises to sell or purchase, recruits, uses, +conscripts, transports, deports, s helters, hands over, or receives one or more persons +whether within the state or across national borders thereof; and employs force, +threat, coercion, abduction, fraud, deceit, abuse of authority, misuse of influence, or +exploitation of vulnerability with the intent of exploitation . +B. Whoever gives or receives sums of money or benefits to obtain the consent of a +person who has control over another person for the purpose of exploiting the latter. +2. Shall the victim be a child or an incapacitated person, ev en if any of the cases set forth in +Clause No. (1) of this Article are not provided, this shall be deemed a human trafficking . +3. The forms of exploitation set forth in this Article shall include all forms of sexual +exploitation, exploitation of others fo r prostitution, forced labour, the removal of human +organs or tissues, forced service, slavery, begging, or practices similar to slavery or +servitude. + +" +security and safety,"Federal Decree by Law No. (24) of 2023, On Combating Human Trafficking","Article (3) + Non -consideration of the Victim Consent +1. The victim consent shall not be taken into cons ideration in any form of human +trafficking, whenever using any if the means set forth in Clause No. (1) of article (2) +Federal Decree -Law of 2023 on Combating Human Trafficking 4 + herein. +2. The consent of the victim father or guardian shall not be taken into consideration in +cases where the victim is a child or an incapacitated person. + +" +security and safety,"Federal Decree by Law No. (24) of 2023, On Combating Human Trafficking","Article (4) + Procedures of Investigations and Trial +The following measures and procedures shall be taken at all stages of collecting evidence, +investigation, and trial of human trafficking offence: +1. Informing the victim and witness of the legal rights thereof in a language they +understand, while providing them with the opportunity to express legal and social needs +thereof . +2. Presenting the victim to medical authorities to receive psychological or phy sical +treatment if it becomes apparent that the victim is in need of that or based on request +thereof. Moreover, the victim shall be admitted to a medical or psychological +rehabilitation centre if necessary . +3. The victim shall be lodged in an accommodatio n centre if the victim is found to need +that . +4. Providing the necessary security protection for the victim and witness whenever they are +in a need thereof . +5. Keeping the foreign victim or witness in the country if the investigation or trial requires +this based on an order from the Public Prosecution or the Court, as the case may be . +6. Appointing an attorney by the court for the victim based on the victim request to file a +civil claim for compensation for the damage, and the state shall bear the fees ther eof as +contained in the Penal Code . +7. Considering the provision of educational assistance to the victim, especially children and +persons with disabilities, if necessary . +8. In all cases, the court shall take measures to ensure that victims and witnesses a re +protected and not influenced in accordance with the provisions of the Law on the +Protection of Witnesses and the like. + +Federal Decree -Law of 2023 on Combating Human Trafficking 5 + +Crimes and Penalties +" +security and safety,"Federal Decree by Law No. (24) of 2023, On Combating Human Trafficking","Article (5) +Without prejudice to any severer penalty set forth in any other law, the crimes set forth in +this Decree -Law shall be punished with the penalties stipulated herein. + +" +security and safety,"Federal Decree by Law No. (24) of 2023, On Combating Human Trafficking","Article (6) +Penalty of Human Trafficking +Whoever commits the human trafficking offence shall be punished with temporary +imprisonment for a period of not less than (5) five years and a fine of not less than +(1,000,000) million Dirhams. + +" +security and safety,"Federal Decree by Law No. (24) of 2023, On Combating Human Trafficking","Article (7) +Aggravating Circumstances in Human Trafficking O ffence +The penalty shall be life imprisonment and a fine of not less than (5,000,000) five million +Dirhams if the human trafficking offence is committed in the following cases: +1. If the victim is a child, a disabled person, an incapacitated person, or a p regnant woman; +2. If the offence is committed through death threat, serious harm, physical or psychological +torture, or if the perpetrator is carrying a weapon . +3. If the perpetrator founds or manages an organised criminal group or r is a member +thereof, o r participates in its activities with knowledge of objectives thereof . +4. If the perpetrator is the victim spouse, one of ascendants or descendants thereof, or has +authority over the victim . +5. If the perpetrator is a public servant or someone assigned to do a public service who +exploits position thereof or the duties assigned thereto in committing the offence; 6. If +the offence is a crime of a transnational nature . +6. If the offence resulted in a terminal illness or a permanent disability for the victim . +7. If the perpetrator has previously been convicted of a human trafficking offence; or +8. If the victim dies. +Federal Decree -Law of 2023 on Combating Human Trafficking 6 + +" +security and safety,"Federal Decree by Law No. (24) of 2023, On Combating Human Trafficking","Article (8) +Failure to Report the Crime +Whoever is aware of the commission of the human trafficking offence set forth herein and +does not inform the Competent Authorities or Concerned Entities, shall be punished with +imprisonment for a period ranging from one year to (5) five years and a fine of not less than +(50,000) fifty thousand Dirhams, or with one of these two penalties. + +" +security and safety,"Federal Decree by Law No. (24) of 2023, On Combating Human Trafficking","Article (9) +Coercion to Give False Testimony or Conceal Testimony +Whoever, uses force or threats, offers a gift or benefit of any kind, or promises something of +the same, to induce another person to give false testimony or conceal a matter, or make +statements or Incorrect information before any judicial authority, Competent Authorities, or +Concerned Entities in procedures related to the commission of any of the crimes set forth +herein, shall be punished with temporary imprisonment for a period of not less than (5) five +years. The penalty shall be temporary imprisonment for a period of not less than (10) ten +years if the act was committed by a public servant or a person assi gned to do a public service +by exploiting the authority of position or capacity thereof. + +" +security and safety,"Federal Decree by Law No. (24) of 2023, On Combating Human Trafficking","Article (10) +Covering Up Human Trafficking Offence +Whoever commits one of the following acts shall be punished with temporary +imprisonment: +1. Concealing one or mor e person who have participated in or committed the human +trafficking offence with the intention of helping them to escape from justice, even +though being aware thereof . +2. Possessing, hiding, or disposing of items obtained from the human trafficking offenc e, or +contributing to concealing features thereof. + +Federal Decree -Law of 2023 on Combating Human Trafficking 7 + +" +security and safety,"Federal Decree by Law No. (24) of 2023, On Combating Human Trafficking","Article (11) +Hiding or destroying the victim documents +Whoever seizes, conceals, possesses without legal justification, or destroys a travel +document, its equivalent, a visa, a residence permit, or any other document Indicates the +identity of a victim of a human trafficking offence shall be punished with imprisonment for a +period of not less than one year and a fine of not less than (50,000) fifty thousand Dirhams, +or with one of these two penalties. + +" +security and safety,"Federal Decree by Law No. (24) of 2023, On Combating Human Trafficking","Article (12) +Protection of Victims or Witness Information +Whoever, discloses or reveals the identity of the victim or witness in a human trafficking +offence which may cause danger or harm thereto or helps the perpetrators to contact +therewith, shall be punished with imprisonment for a period of not less than (6) six mont hs +and a fine ranging from (150,000) one hundred and fifty thousand Dirhams to (500,000) +five hundred thousand Dirhams, or with one of these two penalties. + +" +security and safety,"Federal Decree by Law No. (24) of 2023, On Combating Human Trafficking","Article (13) +Protection from being provided with incorrect information +Whoever provides the victim with misleading information about legal rights thereof with the +intention of harming the victim or damaging his physical, psychological, or mental +well -being, shall be punished with imprisonment for a period of not less than (6) six months +and a fine of n ot less than (150,000) one hundred and fifty thousand Dirhams and not more +than (500,000) five hundred thousand Dirhams, or with one of these two penalties. + +" +security and safety,"Federal Decree by Law No. (24) of 2023, On Combating Human Trafficking","Article (14) +Resisting Decree -Law Enforcement Authorities +1. Whoever assaults one of the officers responsible for implementing this Decree -Law +during or because of the performance of duties thereof or resists the officer by force or +Federal Decree -Law of 2023 on Combating Human Trafficking 8 + by threatening to use force shall be punished by temporary imprisonment for a period of +no less than (5) five years; and +2. If one of the acts stipulated in Clause (1) of this Article is committed by more than one +person or by a person overtly carrying a weapon, the penalty shall be temporary +imprisonment for a period of no less than (10) ten years. + +" +security and safety,"Federal Decree by Law No. (24) of 2023, On Combating Human Trafficking","Article (15) +Legal Per sons +1. A legal person shall be punished with a fine of not less than (2,000,000) two million +Dirhams and not more than (10,000,000) ten million Dirhams, if representatives, +directors, or agents thereof commit the human trafficking offence on behalf or in name +thereof, without prejudice to the responsibility of the natural person affiliated thereto . +2. When a conviction is issued, the court may rule to dissolve the legal person, permanently +or temporarily close it, or close one of the branches thereof. + +" +security and safety,"Federal Decree by Law No. (24) of 2023, On Combating Human Trafficking","Article (16) +An attempt of an offence +1. Whoever attempts to commit the crimes stipulated in Articles (6), (7), (9), and (11) of this +Decree -Law shall be punished with the penalty of the complete crime . +2. Whoever participates in committing the crimes set f orth in Articles (2), (6), (7), (9), (10), +and (11) of this Decree -Law as a direct or causative accomplice shall be deemed the +perpetrator thereof. + +" +security and safety,"Federal Decree by Law No. (24) of 2023, On Combating Human Trafficking","Article (17) +Incitement to commit crime +Whoever publicly incites to commit the human trafficking offence, even if the incitement +has no effect, shall be punished with temporary imprisonment. + + +Federal Decree -Law of 2023 on Combating Human Trafficking 9 + +" +security and safety,"Federal Decree by Law No. (24) of 2023, On Combating Human Trafficking","Article (18) +Complementary Penalties +Without prejudice to the rights of bona fide third parties, the following shall be ruled in all +cases: +1. Confiscating tools of th e crime, funds and proceeds arising therefrom. Where it is not +possible to rule on confiscation because it relates to the rights of bona fide third parties, +the court shall decide a fine equivalent to the value thereof at the time of committing the +crime . +2. Deporting a foreigner who is convicted of one of the crimes stipulated herein . +3. Closing the place in which the human trafficking offence was committed. It shall not be +opened unless it is prepared for a legitimate p urpose, and after the approval of the Public +Prosecution. + +" +security and safety,"Federal Decree by Law No. (24) of 2023, On Combating Human Trafficking","Article (19) +Exemption from Punishment +1. Any perpetrator who takes the initiative to inform the Judicial or Competent Authorities +or Concerned Entities of k nowledge thereof about the crime before being committed in a +way leading to discover the crime before occurrence, arrest perpetrators, or prevent +completion thereof, shall be exempted from the penalties set forth herein . +2. If the perpetrator reports after the crime has occurred, the perpetrator may be exempted +from the penalty or the penalty may be reduced provided that the perpetrator enables +the Competent Authorities or Concerned Entities during the investigation to arrest other +perpetrators of the crime . The provisions of this clause may not be applied if the crime +results in the death of the victim or causing a terminal illness or a permanent disability +thereto. + +" +security and safety,"Federal Decree by Law No. (24) of 2023, On Combating Human Trafficking","Article (20) +Knowing the Age of the Victim +Federal Decree -Law of 2023 on Combating Human Trafficking 10 + The perpetrator shall be presumed to have knowl edge of the age of the victim in the crimes +stipulated in this Decree -Law. + +" +security and safety,"Federal Decree by Law No. (24) of 2023, On Combating Human Trafficking","Article (21) +Non -Liability of the Victim +The victim shall not be held criminally or civilly liable for any of the crimes set forth in this +Decree -Law whenever it arises or is dire ctly related to be a victim of the human trafficking +offence. + +" +security and safety,"Federal Decree by Law No. (24) of 2023, On Combating Human Trafficking","Article (22) +Exemption from Paying Civil Lawsuit Fees +The victim of the human trafficking offence shall be exempted from the fees of the civil +lawsuit filed thereby to claim compensation for t he damage arising from exploitation +thereof in the same crime. + +" +security and safety,"Federal Decree by Law No. (24) of 2023, On Combating Human Trafficking","Article (23) +Victim Protection Mechanism +The state shall ensure mechanisms to protect victims, and work to create appropriate +conditions to assist them, provide them with health, psychologica l, educational and social +care, rehabilitate them and integrate them into society within a framework of freedom and +human dignity. In addition, it shall ensure their return to their countries quickly and safely if +the person is a foreigner who is not resid ent in the state, in accordance with the rules and +the procedures issued by a resolution of the Cabinet. + +" +security and safety,"Federal Decree by Law No. (24) of 2023, On Combating Human Trafficking","Article (24) +The National Committee to Combat Human Trafficking +The National Committee to Combat Human Tr afficking shall be formed upon a resolution of +the Cabinet based on a proposal by the Minister of Justice. + +Federal Decree -Law of 2023 on Combating Human Trafficking 11 + +" +security and safety,"Federal Decree by Law No. (24) of 2023, On Combating Human Trafficking","Article (25) +Competencies of The National Committee to Combat Human Trafficking +The Committee shall do the following: +1. Develop a comprehensive n ational strategy to combat human trafficking, and prepare +plans, programmes and mechanisms for the implementation thereof in coordination +with the Competent Authorities and Concerned Entities in the state . +2. Study and propose updating legislation and regu lations related to human trafficking +issues in order to achieve the required protection for victims and witnesses in +accordance with international requirements . +3. Create a database that includes international legislation relevant to the human +trafficking offence, means and methods of trafficking, and studies related thereto . +4. Prepare reports on the measures taken by the state to combat human trafficking in +coordination with the Competent Authorities and Concerned Entities in the state . +5. Study internati onal, regional, and local reports related to the prevention of human +trafficking and take the necessary actions and measures in this regard . +6. Coordinate with the Competent Authorities and Concerned Entities to ensure the +protection and support of human t rafficking victims, including a care and rehabilitation +programme to help victims integrate into society . +7. Raise awareness about the issues related to human trafficking . +8. Hold conferences, seminars, publications, training, and other activiti es to achieve the +goals of the committee . +9. Participate with the Competent Authorities and Concerned Entities in international +conferences and forums related to combating human trafficking, and convey the state +point of view in international forums . +10. Develop appropriate mechanisms for identifying victims in human trafficking cases . +11. Any other competences entrusted thereto by the Cabinet. + +" +security and safety,"Federal Decree by Law No. (24) of 2023, On Combating Human Trafficking","Article (26) +Repeals +Federal Decree -Law of 2023 on Combating Human Trafficking 12 + 1. Federal Law No. (51) of 2006 Concerning Combating Human Trafficking Offences shall +be repealed . +2. Any provision conflicting or contradicting with the provisions hereof shall be repealed. + +" +security and safety,"Federal Decree by Law No. (24) of 2023, On Combating Human Trafficking","Article (27) +Publication & Enforcement of the Decree -Law +This Decre e-Law shall be published in the Official Gazette and shall enter into force as of the +day following the date of its publication. + + + + +Mohammed Bin Zayed Al Nahyan +President of the United Arab Emirates + + + +Issued by us at the Presidential Palace in Ab u Dhabi: +On: Safar 27, 1445 H +Corresponding to: September 13, 2023 + + " +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (1) +Definitions +The following words and phrases shall have the meanings stated in front of each unless the +context requires otherwise: +Penal establishments: The federal penal establishments affiliated to the administration +concerned with such establishments in the ministry of Interior. +The competent administration: the administration concerned with the affairs of the penal +establishments in the ministry of interior. +The committee: the committee of rehabilitating the juvenile sentenced to jail + +Chapter One +The kinds and Administration of the Penal Establishments and Inspecting +Such +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (2) +The penal establishments shall be established and the places and department of each +establishment shall be determined upon a resolution from the minister of interior + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (3) +The penal establishments are three kinds: +1- Establishments for men. +2- Establishments for women +3- Establishments for juveniles sentenced to jail with consideration to separating the two +sexes + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (4) +Without violating the supervision of the public prosecution on the penal establishments as +per the provisions of the criminal procedures law, such establishments shall follow the +competent administration in the ministry of interior. +Each establishment shall be administered by a competent officer who shall be responsible for +Federal Law No. (43) for the year 199 2 fo r organizing the punitive institutions 3 + + executing the laws and regulations related to the establishment and concerning what is +related to guarding the prisoners in the establishment and executing orders issued from the +competent authorities as per the provision of ar ticle (6) herein. +The officer shall be aided by an enough number of officers, staff officers, individuals, +employers and clerks who under his supervision and according to his orders. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (5) +The penal establishment concerned with women shall be manage d with a woman officer who +shall undertake all tasks and responsibilities assigned to the officer as per the provisions of +the present law and resolutions executing such law. If it is difficult to be managed with a +woman officer, it shall be managed with a n officer provided that woman supervision shall +assist him in performing his tasks and shall be responsible before him. +Moreover, the employees and clerks of such establishment should be women as possible. +In all cases, whoever undertakes guarding the wome n prisoners and the service works related +thereto shall be women. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (6) +The establishment officer shall execute each order issued from the competent public +prosecution or from the competent court or any other authority concerned legally in addition +to any order issued from the manager of the competent authority concerning his job duties. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (7) +The following records shall be prepared in each penal establishment. +1- A public record for each category of the prisoners. +2- A day book for the establishment. +3- A record for the Prisoners Secretariats. +4- A record for working the prisoners. +5- A record for the disciplinary penalties. +6- A record of the fugitives. +7- A record of the complaints and requests submitted from the prisoners. +Federal Law No. (43) for the year 199 2 fo r organizing the punitive institutions 4 + + 8- A record of the judicial papers registrations. +9- The deportation record. +10- A record of juveniles' rehabilitation. +11- Any other record deemed necessary by the public prosecution or the manager of the +competent administration. +A file shall be prepared for each p risoner including in particular a comprehensive research +about his healthy and psychological case in addition to the other paper related to him. +The executive regulation shall organize the method of keeping such records and files the +registration of such a nd keeping such except the records decided to be used by the public +prosecutor as they shall be organized upon his resolution. +The establishment officer shall be responsible for such records and files. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (8) +The establishment officer shall notify th e prisoner of any judgment or paper in the +establishment. If the prisoner desires to send any of such to a person or a certain body, such +papers should be sent with verifying that they reach in the legal time determined for such. +Each pleading or appeal th at the prisoner desires to file any of such by the establishment +officer should be verified that they reach to the competent body in the decided time. +The procedures stated in the previous paragraph shall be recorded in the judicial papers +registration rec ord, the date of recording such shall be enforced in counting the periods +stipulated in the laws of civil and criminal procedures. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (9) +Each prisoner shall have the right to submit at any time to the establishment officer a written +or oral complain t requiring informing such to the competent public prosecution. The officer +shall accept the complaint and notify such immediately to the public prosecution after +recording such in the complaint record and shall present to the public prosecution all data +required. + + +Federal Law No. (43) for the year 199 2 fo r organizing the punitive institutions 5 + + " +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (10) +The competent public prosecution member shall have the right to enter the penal +establishments at any time for making sure of executing laws and regulations and that there +is no any prisoner illegally. +Such member shall also be entitled to check the records and papers for making sure that they +are in conformity with laws, regulations and statutes each prisoner shall have the right to meet +the public prosecution member during his existence in the establishment and to submit a +comp laint to him and the public prosecution shall examine such complaint and take whatever +necessary concerning such and notify the public prosecutor of such. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (11) +Each prisoner shall be entitled to submit a complaint to the minister of interior or th e public +prosecutor or the competent administration manager or the establishment officer. He shall +also have the right to ask for meeting the manager of the mentioned administration during +inspecting the establishment. +The administration manager shall be c ommitted to examine the submitted complaints and +take the suitable procedure in this concern. The competent administration manager shall +assign inspectors for inspecting the establishment and examining executing all laws, +regulations and statutes and fulfi lling conditions of cleanliness, health and security provided +that he shall charge women inspectors with inspecting the establishments of women as +possible the inspectors shall submit their reports for the result of inspection to the competent +administrati on manager. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (12) +The establishment officer shall be committed not to license any person or body to visit the +establishment unless in cases in which such visit is permissible as per the provisions of this +law and its executive regulations. The esta blishment officer may order inspecting the +suspected visitors. If the visitor refuses the inspection, he shall be banned from the visit with +recording such in the establishment day book. + +Federal Law No. (43) for the year 199 2 fo r organizing the punitive institutions 6 + + Chapter Two +Depositing the Prisoners and Determining Their Categories +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (13) +It is not allowed to deposit any person at the penal establishment unless upon a written order +issued from the competent public prosecution or the competent court or any other legally +competent body. No person may remain in such est ablishment after the period determined +in this matter. +The establishment officer should, before accepting any person in such establishment, receive +the depositing order stating the name of whom issues and sign such order. +When the prisoner enters such esta blishment, the depositing order shall be summarized in +the public record of its category, and if he is transformed from an establishment to another, +he shall be sent with the deposit order and all the other related papers. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (14) +Each prisoner should be inspected when he enters the establishment and what he owns from +forbidden things money and valuable things shall be taken and committed at the +establishment safe for receiving such at the time of his release unless he desires to give such +to a c ertain person who shall deliver such or to whom deputizes the prisoner legally. +Moreover, what the prisoner hides or refuses to present shall be subject to the provisions of +the previous paragraph and the prisoner shall be presented to discipline. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (15) +The prisoner clothes shall be gotten rid of if it is proved that such clothes are harmful to the +public health inside the establishment. As for other clothes, the prisoner shall keep such +during his deposit period for a year at least, but if such per iod is more than a year, clothes shall +be handed over to whom selected by the prisoner or who deputizes him legally as conditions +may be - if he refuses to hand over such clothes, it is allowed to sell the clothes for the account +of the prisoner. + +Federal Law No. (43) for the year 199 2 fo r organizing the punitive institutions 7 + + " +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (16) +In applying the provisions of the present law, prisoners are divided into four categories: +Category (A) +Including the provisional prisoners and prisoners in a civil debt or a legal alimony or for paying +the wergild or in cases of civil coercion and al so the convicted in violations to seizure penalty. +Category (B) +Including those committed pending execution of the death penalty, discretionary and +retaliation. +Category (C) +Including those sentenced to the penalty of jail, provisional imprisonment or life +imprisonment +Category (D) +Including juveniles sentenced to the penalty of jail. +Without violating the provision of article (3) herein, in each establishment, there shall be +places specialized for each of the mentioned category, each Category shall be clas sified into +degrees as per age, the criminal history, the kind of crimes and the periods and kinds of +penalty. The executive regulations shall clarify such degrees and the provisions related to +transforming the prisoner from a degree to another. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (17) +Prisoners of category (A) shall have the following: +1- The right to wear their own clothes unless the administration decides that they shall wear +the establishment clothes for considering health or cleanliness or the security interest. +However they sh all be entitled to wear their own clothes at the time of trial or for any other +reason. +2- The right of bringing food types outside the establishment on their own account as per +what is determined in the executive regulations. +3- Meeting their visitors and corresponding with whom they desire unless otherwise is stated +in the deposit order for preventing such. The visit shall be made under the supervision of the +establishment officer or his deputy. +Federal Law No. (43) for the year 199 2 fo r organizing the punitive institutions 8 + + The executive regulations shall state the visits' reasons an d time permitted in such in addition +to the method of registering the visitors' names. +4- The prisoner provisionally shall have the right of the single residence inside the +establishment in cases and with conditions stated in the executive regulations. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (18) +The attorney of the prisoner provisionally shall have the right of meeting him in the +establishment solely. The foreigners imprisoned provisionally shall have the right of +communicating with their consul or with the authorities responsible for t heir interests. +In the two cases, a written permission from the competent public prosecution must be +obtained and the meeting must be in the presence of one of the responsible for the +establishment in a way that he shall not hear the talk. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (19) +It is not allowed to any of the public prosecution members to communicate with the prisoners +provisionally inside the establishment unless by a written permission from the competent +public prosecution. +The establishment officer shall write in the establishme nt day book, the name of the person +permitted to do so, the time and period of the meeting and date and content of the permission. + + + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (20) +The prisoners of category (A) may only clean their rooms unless the establishment +administrati on views otherwise for considering their healthy case. +Those prisoners may, upon the approval of the establishment administration, practise their +legal careers and hobbies inside the establishment and the possible means for such shall be +prepared for them. +If it is necessary to operate one of those prisoners due to his cleverness, he must be given the +wage suitable for his work. +Federal Law No. (43) for the year 199 2 fo r organizing the punitive institutions 9 + + " +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (21) +The pregnant woman prisoner shall be treated, from time of the pregnancy appearance, as the +prisoners of category (A) if she doesn't belong to such category. She shall be exempted from +working in the establishment and shall be granted a special medical care concerning food and +sleep. Executing any of the disciplinary procedures on her shall be delayed until the delivery +as conditions may be she must be transformed to the hospital when the date of delivery +becomes near and she shall stay there till she gives birth to her baby and until the doctor +decides that she shall get out from the hospital she and her baby shall be gr anted the +necessary healthy care, suitable food and clothes and comfort. +The woman prisoner shall be entitled to keep her baby until the age of two hegira years; but +if she doesn't want her baby to stay with her or if her baby reaches such age, he shall be +delivered to whom she selected from those have the nursery right otherwise, he shall be +delivered to his father. If his father is not present, he shall be committed in one of the child +care Institution with notifying the mother, in all cases, of his place and facilitating seeing her +baby at periodical times in the way stated in the executive regulations. +In all cases, the child birth certificate should not mention that he is born in the establishment +or in a hospital related thereto or refer to the case of his mother imprisonment. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (22) +Prisoners of category (B) may be treated as the prisoners of category (A) if the public +prosecution or the establishment officer finds so. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (23) +The prisoner of category (C) shall have the right to correspond his relatives and friends and +receiving them in the limits of what is decided in the executive regulations. His, attorney +shall be licensed to meet him alone provided that he shall obtain a written permission from +the competent public prosecution. +Such me eting shall be in the presence of one of those responsible for the establishment in a +way that he shall not hear the talk. +The establishment officer shall review the correspondences of prisoners of the mentioned +Federal Law No. (43) for the year 199 2 fo r organizing the punitive institutions 10 + + category and shall be entitled to ban sendin g or receiving such if he finds a reason for such +with recording the case in the file of the prisoner. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (24) +It is not allowed that to prisoners of category (C) shall work unless in works determined in +the executive regulations. They shall be paid a wage suitable for performing such works and +the work hours may not exceed eight hours a day. In such work, their healthy case shall be +taken into consideration and they shall work in careers in which they were working outside +the establishment. +They may not work on Friday and in the official feasts except the necessary prison works +such as cleanliness and cooking. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (25) +The manager of the competent administration may, after the approval of the minister of +interior, decide giving those convict with the jail penalty from category (C) all or some of the +privileges decided for the prisoners of category (A). + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (26) +The executive regulations shall include the provisions related to the wages due for the +prisoners of different categories especially concerning the method of determining such and +the times of paying such. +Such wages may not be seized. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (27) +If the period of the convict stay in the establishment is more than four years, he should before +releasing him, pass through a tr ansitional period with consideration to decreasing restrictions +and granting the privileges gradually as per the conditions stipulated in the executive +regulations. + +Federal Law No. (43) for the year 199 2 fo r organizing the punitive institutions 11 + + " +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (28) +Periodical reports shall be submitted concerning the behaviour of each prison er of category +(c) and (d) in the way stated in the executive regulation + +Chapter Three +Health Care +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (29) +Each establishment shall have a doctor or more one of them is resident and charged with the +prisoners' healthy care as per what is defined in t he executive regulations. He shall be +committed to check every prisoner at the time of entering the establishment, record his +healthy and mental case in the public record for each category of the prisoners and to +determine the works that he is able to perf orm. +As for the establishments of women, the doctors therein should women unless if it is +necessary that a male doctor or more should exist. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (30) +The doctor shall visit the establishment and the prisoners for examining the healthy sides and +what i s related to cleanliness and food. The establishment officer shall execute the healthy +procedures that the doctor deems necessary. +The competent establishment administration shall prepare the means of cleanliness and +physical sport for the prisoners who shall have the right of enjoying two hours daily at least +from their spare time in the air with in the limits decided in the executive regulations. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (31) +If the establishment doctor finds that the prisoner is afflicted with a mental disease, he sha ll +decide presenting him to a medical committee formed upon a resolution from the health +minister, among its members, their shall be one of the prison doctors and the legal doctor for +examining him and recording his case. If it is decided that he shall be transformed to a hospital +of mental diseases, he shall be transferred hereto upon an order from the competent +Federal Law No. (43) for the year 199 2 fo r organizing the punitive institutions 12 + + administration manager with notifying the public prosecution. The period that he shall spend +in the hospital shall be discounted from the penalty period. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (32) +If the establishment doctor finds that the prisoner is afflicted with a disease threatening his +life or the life of others or disables him totally, the establishment's administration shall be +committed to present him to the medical co mmittee mentioned in the previous article for +examining him and deciding in his healthy release. +The healthy release shall be upon a resolution issued from the public prosecutor and the +ministry of interior shall be notified of such. The police station, in which department the +prisoner is resident, shall present such prisoner to the competent governmental doctor every +three months at maximum, unless he is dismissed from the state, for submitting a medical +report about him for cancelling the order of the hea lthy release if necessary. +The report shall be presented to the mentioned medical committee. If it decided that he is +recovered from the disease that necessitates releasing him, the order shall be offered to the +public prosecutor for returning the prisoner to the establishment for completing the +remaining period of the penalty. +The period that he spent outside the establishment shall be discounted from the penalty +period. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (33) +If the case of the patient prisoner reaches the danger degree upon the report of the +establishment doctor, the establishment administration should notify his family and should +license them to visit him without being restricted to the official time of the visit. +If the prisoner died, the doctor shall submit to the public prose cution a report which shall +include the following details of which he can make sure: +1- The day when the dead patient complains from the disease for the first time or the day +when he is noticed to be patient for the first time. +2- The work that he was perf orming in such day. +3- The food type that he eats in such day. +Federal Law No. (43) for the year 199 2 fo r organizing the punitive institutions 13 + + 4- The day when he enters the hospital. +5- The day when the prison is notified of the prisoner's disease for the first time. +6- The disease kind. +7- The last time the doctor examines the patient before death and the medicine prescribed for +him. +8- The time when the prisoner died. +The decedent family shall be notified immediately for receiving his corpse. If they didn't attend +at the suitable time, he may be burned in the tomb of the body w here the establishment is +located after performing the decided legal rituals. In all cases, he may not be buried notifying +the competent public prosecution pf the death and its reason, and before obtaining the burial +license. + +Chapter Four +The Social Care, Education and Teaching the Prisoners +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (34) +Each penal establishment shall have a religious preacher or more for inciting the prisoners to +apply the religious provisions to acquire the morals and fastening the religious restraint in +them. In the est ablishment, a place for prayer shall be allocated and each prisoner shall be +permitted to pray hereto unless if otherwise is necessary for the security moreover each +establishment shall have a social specialist or more as stated in the executive regulation s a +committee shall be formed of the establishment officer, preacher, doctor, and social specialist +such committee shall be specialized in examining the psychological and social case of each +prisoner and shall present its recommendations to the establishme nt administration +concerning his treatment according to the result of the examination. Moreover, the +mentioned committee shall, before releasing the prisoner with an enough period, present the +guidelines that guarantee an honourable way of life for the rel eased person. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (35) +The establishment administration shall educate the prisoners and train them vocationally +whenever possible for considering age the extent of preparation and the penalty period. The +Federal Law No. (43) for the year 199 2 fo r organizing the punitive institutions 14 + + minister of interior shall, in an agreement wit h the ministry of education, put a curriculum of +the scientific and vocational study after taking the opinion of the competent administration. +In each establishment, there shall be a library containing books, newspapers and magazines +for enlightening the p risoners from the religious, moral and social sides and others in addition +to encouraging them to make use of such books at their spare time. +The prisoner may bring on his cost, books magazines and newspapers as per what is decided +in the executive regulat ions. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (36) +The establishment administration shall encourage the prisoners to review educate and +facilitate, memorization for the prisoners who have a desire in continuing study in addition to +permitting performing the exams in the committees headq uarters. + +Chapter Five +Disciplining the prisoners +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (37) +Each prisoner who violates the laws or regulations or statutes applicable in the establishment +shall be punished disciplinary without violating the criminal responsibility. +Each prisoner should be informed of the main duties that should be followed in the +establishment and also the main forbidden things that should be avoided. The preacher and +social specialist shall inform them of such duties and forbidden things from time to time. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (38 ) +The disciplinary penalties that may be applied on prisoners are the following: +1- Warning. +2- Depriving from all or some privileges decided for his category for a period not more thirty +days. +3- Discounting from the wage for a period not more than seven days. +4- Solitary confinement for a period not more than seven days. +Federal Law No. (43) for the year 199 2 fo r organizing the punitive institutions 15 + + 5- Degrading the prisoner for a degree less than his category for a period not exceeding six +months if he is sentenced to a jail or a provisional imprisonment and a period not more than +a year if he is sentenced to life imprisonment. +The establishment officer shall be entitled to implement the penalties stipulated in the +mentioned items No (1), (2), (3) and (4). +The penalty stipulated in item (5) of the present article shall be implemented upon an order +from the competent administration manager based on the request of the establishment +officer. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (39) +No penalty of the penalties stated in the previous article may not be implemented unless after +making an investigation including facin g the prisoner with the crime attributed to him and +hearing his sayings and his attorney. The resolution of implementing the penalty shall be +reasonable and final. +The investigation should be in writing upon the knowledge of whom the establishment officer +deputizes for this purpose. +In case of warning, the investigation may be oral provided that its content should be recorded +in a minute signed by the investigator. +The penalties implemented on the prisoners shall be written in the record related to such and +the public prosecution shall be notified of such. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (40) +Implementing any disciplinary penalty shall not prevent releasing the prisoner in the +appointed time by virtue of the judgment issued against him or the order of his jail or +commitment. + + + + + +Federal Law No. (43) for the year 199 2 fo r organizing the punitive institutions 16 + + Chapter Six +Releasing the Prisoners +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (41) +The prisoner shall be released at the afternoon of the day next to the day of ending the penalty +period however, if the prisoner is decided to be put under the police probation or is among +those who should b e offered to the police, as per the law, the establishment administration +should hand over the prisoner to the competent police station at the time stated in the +previous paragraph. +If the prisoner is committed pending executing a body penalty the commitme nt order should +mention the date of handing him over to the body that shall execute the penalty and the +establishment body should hand the prisoner over to such body at the appointed time. +If the prisoner doesn't have suitable clothes at the time of his re lease and he is unable to obtain +such, the establishment administration shall give him clothes as stated in the executive +regulations. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (42) +The prisoner provisionally shall be released as soon as he completed the period mentioned in +the commitment order unless it is extended or an order of releasing is issued before +completing this period from the competent authorities unless he is imprisoned for another +reason. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (43) +The healthy release of the prisoner shall be according to the provisions stated in article (32) + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (44) +Each person sentenced to a freedom -restricting penalty shall be release for a period of a +month or more if he spent three quarter of the penalty period and if during his existence in +the establishment, he was a good con duct and his release shall not have a danger on the public +security. +Federal Law No. (43) for the year 199 2 fo r organizing the punitive institutions 17 + + If the penalty is the life imprisonment, he shall be released if he spent twenty years at least. +Such release shall be upon a resolution from the minister of interior and the public prose cutor +shall be notified of a copy of such. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (45) +The person sentenced to the life imprisonment, who spent fifteen years in executing the +penalty, may submit a request to the establishment officer for releasing him and the officer +shall say his opinion in such request and then he shall refer such with the prisoner file to the +competent administration for exposing its opinion in the extent of the danger of releasing the +prisoner on the public security. Afterwards, the papers shall be referred to the competent +public prosecution for investigation the request and asking about the prisoner behaviour and +making sure of his good conduct, and then the papers shall be submitted attached with its +opinion to the court that issued the judgment with the penalty +The court shall judge releasing the prisoner if he proved to be of a good conduct. It may +accompany the release with any of the procedures stipulated in the penal code. +The court judgment of approving or disapproving the request shall not accept appeal and if +the request is refused, new request may not be submitted before a year at least from date of +judgment with refusing the previous request. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (46) +With consideration to the provisions of multiplying the crimes and the penalties stipulated in +the penal code, in case of multiplying the sentenced pen alties for crimes committed before +the sentenced enters the establishment, the release shall be on basis of the total of the periods +of such penalties. +However, if the convict committed a crime during his absence in the establishment, the +release shall be on basis of the remaining period at the time of committing the crime in +addition to the period of the sentenced penalty because of committing such crime. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (47) +If the convict spent a period in the provisional jail, the release shall be on the basis of the whole +Federal Law No. (43) for the year 199 2 fo r organizing the punitive institutions 18 + + sentenced period including the period of the provisional jail that should be discounted from +the penalty period. +If a pardon is issued concerning decreasing the penalty period, the period decreased from the +penalty by virtue of the pardon sha ll not enter in the counting the period that should be spent +in the establishment for the release. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (48) +The public prosecutor shall be entitled to view the complaints submitted concerning the +release, examine such and take whatever necessary for a rising the reasons of such. + +Chapter Seven +Rehabilitating the Juveniles +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (49) +A committee for rehabilitating the juveniles shall be formed upon a resolution from the +minister of interior, in agreement with the minister of justice and Labour and soci al affairs, +headed by one of the presidents of the federal public prosecution, including the following in +its membership: +1- The establishment officer. +2- One of the specialists in psychology. +3- A representative of the ministry of education. +4- A represen tative of the social affairs. +The committee shall be entitled to ask the aid of whom it deemed necessary from the +concerned. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (50) +The committee shall be specialized in putting the annual programs for educating, +rehabilitating the juveniles and discussing giving the privileges decided for them in the +present law. + +Federal Law No. (43) for the year 199 2 fo r organizing the punitive institutions 19 + + " +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (51) +Without restricting to the period stipulated in article (27) herein, the juvenile may be licensed +to go out the establishment to visit his relatives in the official feasts and the exceptional +conditions or in any other occasion. He may also be given an exceptional vocation, upon a +resolution from the minister of interior based on the committee recommendation. +The executive regulations shall organize the conditions and rules of giving the juvenile such +privileges. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (52) +Upon a resolution from the minister of interior, the law of the restricted freedom of the +juveniles may be applied through their working outside the establishment in any commercial +or industrial establi shment or other during the day and upon the committee +recommendation. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (53) +The establishment officer shall be responsible for running the work herein and shall +undertake supervising the execution of the program of rehabilitating the juveniles in t he light +of what is decided by the committee. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (54) +If the imprisoned juveniles reach the age of eighteen, places separated from those who do not +reach such age shall be specialized for them. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (55) +The disciplinary penalties that may be imp lemented on the juveniles are the following: +1- Reprimand. +2- Warning. +3- Depriving from all or some of the privileges for a period not exceeding two weeks. +4- Depriving from vacations for a period not exceeding forty five day. +Federal Law No. (43) for the year 199 2 fo r organizing the punitive institutions 20 + + Chapter Eight + Executing the Penalties +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (56) +The death penalties and the remaining retaliation and doctrinal penalties shall be executed as +per the provisions of the Islamic Shari'ah. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (57) +The convict corpse shall be delivered to his family after the exe cution. If no one of his family +comes for receiving such during twenty four hour, the establishment administration shall +bury the corpse without violating the decided religious rituals. + +Chapter Nine +Final Provisions +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (58) +The establishment officer may order, as a provisional procedure, shackling his hands and legs +if he causes a riot a strong attack or there is a fear of his escape. +He shall be committed to refer the order immediately competent administration manager for +discussing applying the dis ciplinary penalties on the prisoner. +The shackling period may not be more than seventy -two hours before applying the +disciplinary penalties. The matter shall be recorded in the establishment day record with a +statement of the reasons of such. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (59 ) +Without violating the cases and conditions of using the weapon stipulated in the mentioned +federal law no. (12) For the year 1976, the establishment officer and the police men, assigned +to the guardianship, may use their fire weapons against the prisoner s in the following cases: +1- Deterring any attach or resistance accompanied with using strength if they are unable to +deter such with the other means. +2- Ending the prisoners' rebellion if they are armed with killing instruments and they refused +Federal Law No. (43) for the year 199 2 fo r organizing the punitive institutions 21 + + getting ri d of such instruments after asking them for doing such. +3- Preventing the prisoner escape if he cannot be prevented by other means. In such case, +firing shall be in the air. If such is not benefit, he shall be fired in his legs. +In all cases, the public prosecution should be notified immediately for making the +investigation and the ministry of interior should also be notified. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (60) +The prisoners should also be notified, when they enter the penal establishment and when +they leave such for working outside, of the provisions of articles (58) and (59) herein and of +the penalties decided for escaping from the establishment. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (61) +The following shall be punished with jail for a period not exceeding six months and a fine not +exceeding three thousand dirham or with one of such two penalties: +1- Each person who enters or attempts to enter any thing violating laws, regulations and +resolutions regulating the establishment inside the establishment with any method and also +any person who enters or get out messages from the establishment violating the mentioned +laws, regulations and resolutions. +2- Each person who gives a prisoner any forbidden thing during his transformation from a +body to another. +If one of the crimes stipulated in the previous ite ms are committed by one of the workers in +the establishment or those assigned to guard the prisoner, the penalty shall be for a period +not less than three months and a fine not less them three thousand dirham or one of the two +penalties without violating a ny server penalty. +The establishment administration should hang the text of the present article in a clear place +on its outside door. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (62) +An isolated place shall be specialized in the establishment for the foreigners about whom a +judicial judgme nt is issued for their deportation from the state in order to be sized therein +Federal Law No. (43) for the year 199 2 fo r organizing the punitive institutions 22 + + provisionally until the deportation order is executed. +Those shall be treated as those imprisonments provisionally. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (63) +The executive regulations for this law shall b e issued upon a resolution from the minister of +interior in an agreement with the minister of justice. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (64) +The Ministers, each in his respective powers, shall implement this law. + +" +security and safety,Federal Law No. 43 for the year 1992 for organizing the punitive institutions,"Article (65) +This law shall be promulgated in the official gazette and shall be in effect after six months +from date of its promulgation. + + + + + + +Zayed Bin Sultan Al Nahyan +President of the United Arab Emirates + + +Issued by us in the presidency palace in Abu Dhabi +Date: 13 Rabi' al -thani 1413 H. +Corresponding to : 10 October 1992 AD. + + " +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (1) +In implementing the provisions of this law, the following words and exp ressions shall have +the following meanings shown opposite to each one of them, unless the text otherwise +requires: +Licensing +Authority : The competent authority in the Emirate for issuance of the vehicles driving +licenses, registration thereof and their tr affic on the public roads. +Road : Every path opened for the public traffic without the need for special +FEDERAL LAW NO. (21) OF 1995 ON TRAFFIC 2 + + Page 2 permission and every public place that accommodates the vehicles traffic +and allows the public to u se thereof whether by a permission or license +from a competent authority or by other than that and whether using it with +or without consideration. +By a decision of the Minister of Interior, the private places which +accommodates the vehicles traffic may be considered of the roads if the +owner or in charge of them requests so. +Road +stream : Side of the used road wherein the vehicles traffic is allowed. +Road +Shoulder : Part of the road adjacent to the road stream of both sides and is intended +for the emergen cy usages. +Road +Route : Part of the linear parts to which the road stream is divided and its width +allows the traffic of one row of the consecutive vehicles, whether it is has +been defined or not by long marks on the road surface including the exit, +lane and line. +Licensed Line : Every road determined for the public buses traffic. +Traffic +Signs : +Everything displayed in the road of signs and boards to alert the road users +for controlling the traffic movement and among that the indicative signs +for the traffic directions, inhabited places and the distances between them, +maximum limits of speed and priorities, parking places, and such signs +may be in the form of a monument or posts or painted signs on the road, including the traffic signals or any warning or other controls relating to the +traffic organization. +Sidewalk : A part of the road adjacent to the road stream of both sides and is intended +FEDERAL LAW NO. (21) OF 1995 ON TRAFFIC 3 + + Page 3 for the pedestrians traffic, and the islands located in the middle of the road +are considered as the sidewalk. +The +Vehicle : Mechanical machine or ordinary bicycle or motorcycle or any other device +running on the road with a mechanical power or with any other means +including the tractor. +Private Car : The car which is intended for personal usage to transport the passengers +and their personal supplies only. +Taxi : The car which is intended for transport of passengers in consideration of a pay and its accommodation shall not exceed fourteen persons. +Tractor : +A vehicle of self drive, designed for pulling or pushing trailers or tools or +machines. +Trailer : A vehicle which is designed for connection with a mechanical vehicle or +tractor. +Semi +Trailer : A trailer without a front axis, and is connected in a manner so that a large part of its weight and the weight of its load is carried by the trailer or the +mechanical vehicle. +Motorcycle : A vehicle of two wheels or more and equipped with a mechanical eng ine, +and is intended to transport persons or things. +Bicycle : +A vehicle of two wheels or more and not equipped with a mechanical +engine, and runs with a driven power by its rider and is intended to +transport persons. +Wagon : Every vehicle driven or pulled by the human or animal power and used to transport passengers or goods. +Stop : +The stop of the vehicle for a period of time and requires the necessity of +riding or getting out of the persons or loading or unloading the goods. +FEDERAL LAW NO. (21) OF 1995 ON TRAFFIC 4 + + Page 4 Parking : Staying in a place for a long time and other than the stop cases. +High Light : The vehicle's light which is used in lighting the road for long distance +ahead the vehicle. +Dim Light : The vehicle's light which is used in lighting the road for short distan ce so +that not to make dazzling for the other vehicles drivers. +Position +Lights : The headlights and rear lights of the vehicle which alert its existence and show its width from the front and rear sides. +Tariff : A consideration for transport of the passengers in the public buses and the taxis. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (2) +The provisions of this law shall apply to all types of motor -cars and drivers, as well as to +pedestrians and animals on public roads. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (3) +For the purpose of this law, motor vehicles shall be classified, and any decisions made in accordance with the provisions contained herein shall be as follows: +1. Light Vehicle: +A vehicle prepared for transport of persons or goods whose maximum net weight is limited +to (2.5) two and a half tons. This group includes saloon cars and motorcycles which are +designed or prepared for transportation of goods, regardless of their weight. +This group is divided into two types: private and public. + + +FEDERAL LAW NO. (21) OF 1995 ON TRAFFIC 5 + + Page 5 2. Heavy Vehicle: +A vehicle prepared for transport of goods whose net weight is over (2.5) two and a half tons. +This group is classified into two types : private and public. +3. Bus: +A vehicle designed to carry over 14 persons. +This group is divided into two types : +a) Light buses, whose maximum capacity is limited to twenty -six passengers excluding +the driver. +b) Heavy buses, whose maximum capacity is over twenty -six passengers excluding the +driver. All above mentioned types of buses are classified into private and public buses. +4. Tractors and Mechanical Equipment : +Vehicles designed for purposes other than transportation of persons and goods. +These vehicles are divided into three categories : +a) Equipment running on wheels regardless of their weight. +b) Light vehicles running on wheels, whose maximum net weight is limited to seven +and a half tons. +c) Heavy duty vehicles running on wheels, whose maximum weight is over seven and a +half tons. +5. Handicapped carriers : +Vehicles whose weight is limited to 250 kg. and whic h are designed or specially made for the +sole use of handicapped persons who are suffering from a physical disability. Motorcars that +have been mechanically modified later on to suit the purpose of such use shall not be +included in this category. +6. Motorc ycles +FEDERAL LAW NO. (21) OF 1995 ON TRAFFIC 6 + + Page 6 +PART ONE + RULES OF TRAFFIC +CHAPTER ONE +GENERAL PROVISIONS +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (4) +All users of the road must obey the directions of the policeman in his official uniform, and +shall abide by the traffic signs, rules and disciplines laid down for regulation of traffic. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (5) +All motor car drivers shall observe the following : +1. He shall give his personal details, and the details of his motorcar to any policeman present at the scene of an accident in which he is involved, causing damage to a human +bein g or an animal or property owned by a third party, and shall offer all possible +assistance to provide the necessary aid to those hurt. He shall inform the nearest +police -station of such an accident within a maximum period of six hours unless he gives +a reasonable excuse for the delay, if no police man is present at the scene of the accident. +2. He shall slow down markedly at any pedestrian crossing which is not controlled by a +traffic sign or policeman, or upon changing the direction of his route, and shall stop +completely until all pedestrians have crossed the road. +3. He shall allow enough time for pedestrians to cross the road wherever it is possible for them to do so at the street crossing controlled by a traffic sign or policeman, and shall +not start dr iving until the street crossing becomes clear of such pedestrians. +4. He shall not park his motor -car in places where parking is forbidden, and if his stopping +FEDERAL LAW NO. (21) OF 1995 ON TRAFFIC 7 + + Page 7 on the road becomes an inevitable necessity, he must keep to the right side of the road, +and kee p away from road intersections, road crossings, slopes and turns. He must also +take all necessary precautions to ensure that he drives safely on the road, he shall not +leave the engine running during his absence, and shall turn on signal lights during the +period between sunset and sunrise to the degree necessary for other persons to know of +its existence. +5. He shall not drive a vehicle which makes a loud noise, and shall not use the horn inside +towns except to prevent danger or accidents. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (6) +In the absence of a police -man or a trafficsign to control traffic at road -crossings or +intersections, the right of way shall be given to vehicles coming from the main road. When all roads or where there is a roundabout, priority shall be given to the vehicle coming from +the left side. +In all cases, right of way shall be granted in the following order: +1. Official motorcades. +2. Fire trucks while on duty. +3. Vehicles carrying sick and wounded persons, while at work. +4. Military vehicles moving in columns. +5. Police cars using alarm sirens and revolving signal lights. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (7) +The road may not be used in a way that leads to hinder the vehicles, persons and animals traffic thereon. The pedestrians may not cross the road stream except from the places +allocat ed for this purpose, and they are prohibited from parking in the road stream. In all +FEDERAL LAW NO. (21) OF 1995 ON TRAFFIC 8 + + Page 8 cases, the pedestrians may not cross the roads to which the prescribed speed does not +exceed eighty kilometers per hour. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (8) +No one may place any substance on th e road which would cause damage to it or to its users, +or cause obstruction to the free movement of traffic thereon. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (9) +No one may place any traffic -sign on the road, without the approval of the competent +authority, and in accordance with the pr ovisions of the executive regulation of this law. + +CHAPTER TWO +OBLIGATIONS OF DRIVERS ON THE ROAD +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (10) +While on the road, each driver must comply with the following : +1. He shall keep his car as close as possible to the right side of the road, according to the direction of the traffic. +2. He must ensure that the road ahead of him is clear and visible before he overtakes a vehicle, a person, an animal or an obstacle. He must indicate his intention to overtake +and give warning to t he persons whom he intends to overtake by using turn signals and +making sure that they have responded to his signal. +3. He shall keep to the extreme right side of the road, in order to grant right of way to other +traffic. +4. He shall take the necessary pre cautions before he turns onto a side road, a curve, a +FEDERAL LAW NO. (21) OF 1995 ON TRAFFIC 9 + + Page 9 crossroad or an intersection. He shall give the necessary signal to change course, and +make sure that he can turn without endangering other users of the road. +5. He shall not overtake a vehicle going in the same direction except from the left side, +unless the vehicle in front of him moves to the left in order to take another route, +provided that he gives the other driver a necessary signal ensuring that the road is wide +enough for him to pass without any risk. +6. He shall not drive a vehicle under the influence of alcohol, drugs or the like. +7. He shall not drive it he is under stress that affects his ability to control the vehicle. +8. He shall slow down, or stop if necessary, to enable the passage of a v ehicle in front of +him which is signalling to turn right or left. +9. He shall not expose pedestrians to danger, and shall stop when necessary to prevent any +damage or injury to any user of the road. +10. He shall not exceed the speed limit of the road, taking into consideration the conditions of the place, the weather, the vehicle and other safety requirements. +11. Subject to the provisions of Federal Law No. (8) of 1986 referred to, he shall not cause damage to the surface of the pavement. +12. He shall not drive the vehicle in reverse unless he makes sure that the road is clear of +traffic, and he must judge the distance required for safe turning. +13. He shall abide by the signals of the traffic policeman. +14. He shall use the proper t urn signal on the vehicle for turning left or right. +15. He shall turn on the lights of the vehicle between sunset and sunrise and whenever +necessary, so that the body of the vehicle may be seen by other drivers. + + +FEDERAL LAW NO. (21) OF 1995 ON TRAFFIC 10 + + Page 10 +CHAPTER THREE +OBLIGATIONS OF DRIVERS OF PASSENGER CARS AND DRIVERS OF HEAVY +DUTY VEHICLES +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (11) +Subject to the provisions of the preceding articles, the driver of a passenger car shall observe +the following: +1. He shall not carry more passengers than the number allowed by the Licensing Authority. +2. He shall prevent passengers from extending their heads or hands out the windows, and +shall put a notice to this effect in a prominent place on the bus. +3. He shall turn on the interior lights of the vehicle between sunset and sunrise and whenev er necessary. +4. He shall not stop the vehicle to let passengers get on or off except in places where the +law permits. +5. He shall not talk with passengers while the bus is in motion, nor allow them to stand or +sit next to him. +6. He shall not refuse to take any passenger who is ready to pay the passenger fare, unless all seats of the vehicle are fully occupied. +7. He shall post a prominent sign to show that the vehicle is for hire and showing the number of passengers allowed to be taken on board. +8. He shall put in a prominent place or carry with him, a copy of the passenger fares, in +order to show it to passengers whenever it is required. +9. He shall check his vehicle immediately after each trip to search for anything that +passenge rs might have left, and shall turn in whatever he finds within (24) hours to the +FEDERAL LAW NO. (21) OF 1995 ON TRAFFIC 11 + + Page 11 nearest police station, in return for a receipt. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (12) +Subject to the preceding articles, the driver of a heavy duty car shall observe the following : +1. He shall not exceed the load permitted by the Licensing Authority. +2. He shall not carry with him passengers except for the owner of the vehicle and loading +and off loading labourers, within the limits provided for in article (45) under this law. +3. He shall not load the vehicle in a manner that endangers the lives of the public or causes obstruction to traffic. +4. He shall put a red light at the end of the load protruding from the vehicle at night time, +and a red ribbon during the daytime. +5. He shall display in print ing the net weight of the vehicle, the weight of the load he is +permitted to carry, and its gross weight in a legible and visible manner on the body of the +vehicle. +6. Truck drivers shall put a cover to prevent sands and materials carried in trucks from +falling off. + +PART TWO +DRIVING LICENCES AND DRIVING LESSONS +CHAPTER ONE +DRIVING LICENCES +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (13) +It is unlawful for any person to drive a motor -car on the road unless he obtains a valid +driving licence from the Licensing Authority which entitles h im to drive the type of vehicle +FEDERAL LAW NO. (21) OF 1995 ON TRAFFIC 12 + + Page 12 which he is currently driving. This licence shall be called hereinafter a driving licence. +It is also unlawful for any one to allow another person to drive his own car unless he holds a +valid driving licence. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (14) +The following shall be excluded from applying the provisions of this chapter: +1. Armed forces staff, upon their driving of military vehicles, provided that they should hold +permits for that issued by their military authorities. +2. Drivers of the mechanical vehicles which are registered in a foreign country, which are +excluded from the provisions of registration and licensing stated herein, upon their driving of the military vehicles, provided that they should hold permits for that issued by +the competent au thorities in that country or international valid driving licenses allowing +to drive such vehicles within the limits of the period which is authorized to them to drive +such vehicles and within the limits of the period which is authorized to them to stay in +the Country, whether for transit or visit or for specified mission. +3. Holders of the valid international or foreign driving licenses and who are authorized to stay in the Country for other than residence, pursuant to the controls determined by the +Ministe r of Interior in this regard. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (15) +The following conditions must be met for issuance the of a driving licence: +1. Under the provisions of article (3) of this law, a person who applies for a driving licence must be 17 years of age if the licence is to be used for vehicular categories listed in +Clause 5 or 6; 18 years for categories listed in Clause (1); 20 years for categories listed in Clauses (2) and (4); and 21 for those listed in Clause (3). +FEDERAL LAW NO. (21) OF 1995 ON TRAFFIC 13 + + Page 13 2. The person who applies for a driving licence must present a medical report from a +governmental doctor, or any doctor approved by the licensing authority, showing his medical fitness to drive a vehicle. If the person concerned wears eye glasses or contact +lenses for correction of eyesight, he shall be considered medically fit. +3. The applicant shall pass the driving licence provided for in the regulations and decisions +issued for enforcement of this law. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (16) +The licensing authority shall have the right to grant a driving license to the holder of a valid +driving license issued by a foreign country, without effecting what is provided for in clause +(3) of article (15) if the license is issued by one of the excluded countries by a decision of the +Minis ter of Interior, and pursuant to the conditions determined by such decision. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (17) +The licensing authority shall issue a driving licence after completion of all necessary +procedures, in conformity with the terms and conditions prescribed in this law, and in accordance with the regulations and decisions giving effect thereto. +The licensing authority may determine the period of the validity of the driving licence, and it +may, upon expiration of the licence validity, ask the holder of the licence to produce proof of +his physical fitness before its renewal is approved. +With the exception of persons applying for licences under Clause (5) of article (3) of this +law, licences granted to persons aged seventeen to twenty -one shall be issued on a +temporary basis, and for one year renewable. +A copy may be issued in replacement of a lost or damaged driving licence. + +FEDERAL LAW NO. (21) OF 1995 ON TRAFFIC 14 + + Page 14 " +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (18) +The licensing authority shall have the right t o suspend, cancel or refuse to renew any driving +licence if it is proved that a licence -holder has lost the capacity or physical fitness to drive the +vehicle for which a licence has been issued to him. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (19) +Car clubs in the country shall be entitled to issue international traffic books (trip tickets), and +international driving licences valid for use in a number of countries. The regulation issued to +this effect shall set forth the procedures to be observed in this regard. + +CHAPTER TWO +DRIVING LESSONS +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (20) +No person may learn to drive except in accordance with a permit issued by the licensing authority, valid for three renewable months. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (21) +No person may teach others to drive motor -cars unles s he is authorized to do so by the +licensing authority, and possesses a driving licence duly issued to him. Such a person must ensure that he complies with the provisions of this law and decisions issued in execution +thereof in the course of teaching, and shall not allow a trainee to drive a vehicle on any road +in populated areas unless he is satisfied that a trainee is able to control the vehicle. + + +FEDERAL LAW NO. (21) OF 1995 ON TRAFFIC 15 + + Page 15 " +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (22) +Permission to open driving schools may be granted only to n ational citizens, and after +obtaining a licence to this effect from the concerned authority. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (23) +The holder of a driving trainee permit may not drive any motor -car carrying passengers +other than his instructor, who shall sit next to him. The trainee shall carry the permit with +him while driving. +The licensing authority shall lay down the rules, conditions and other provisions for +teaching/learning of motor -car driving. + +PART THREE +VEHICLES TEXT AND REGISTRATION +CHAPTER ONE +GENERAL PROVISIONS +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (24) +It shall not be lawful for anyone to drive or allow others to drive any vehicle on a public road +unless it is registered and licensed in accordance with the provisions of this law and in +compliance with the regulations and decisions giving effect th ereto. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (25) +The following vehicles shall be excluded from applying the provisions of article (24): +1. Vehicles of the State's President and Rulers of the Emirates. +2. The vehicles which are registered at the armed forces and bear their numbers. +FEDERAL LAW NO. (21) OF 1995 ON TRAFFIC 16 + + Page 16 3. The vehicles of the transit people, visitors and foreign tourists, on the terms determined +by the executive regulation of this law. +4. Passenger and goods cars which are registered in any foreign country and which are +allowed to visit the Country on the terms and conditions prescribed in the regulations +and decisions issued in implementation of the provisions of this law. +5. The vehicles that bear commercial numbers on the terms determined by the executive +regulation of this law. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (26) +As a cond ition for the registration or renewal of a licence of any vehicle in accordance with +the provisions of this law, it shall be at least covered by third party insurance. +Whoever sustains a physical injury resulting from the use of the car shall make a direct claim +against the insurer for damages. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (27) +Upon application for registration of a motor vehicle, the owner must submit the appropriate +application form with the necessary documents showing his personal particulars, and +ensuring that his vehicle complies with safety conditions provided for in the regulations and +decisions issued for the enforcement of this law. +The registration of a vehicle shall be valid for the period set forth in the regulations and +decisions giving effect to this law. These r egulations and decisions shall determine the terms +and conditions for renewal of registration, the information which must be entered in the +registration book, and the cases where the licensing authority must be notified of any +change in the data and specif ications concerning the owner, the vehicle, its export, damage +of the vehicle, or loss or damage of the registration book. Said regulations and decisions +FEDERAL LAW NO. (21) OF 1995 ON TRAFFIC 17 + + Page 17 shall determine the procedures for registration of vehicles belonging to the President's +Personal Office and the Emiri Office in each Emirate. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (28) +A person may apply for the registration of a private vehicle in his name to the licensing +authority in the Emirate where he resides or works. However, persons other than nationals +may not apply for re gistration of public vehicles, nor may they apply for the registration of +private trucks unless the applicant proves that the nature of his profession or work justifies the possession of such a vehicle. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (29) +The licensing authority may issue a tr ade licence to a motorcar dealer or to a manufacturer +who produces such vehicles. Under this licence, he may test drive any vehicle after its production, or upon importing or exhibiting the vehicle for sale. However, in this case, the +vehicle must carry tw o plate numbers under trial. +The executive regulation of this law shall determine the terms and conditions for use and +renewal of plates and licences referred to in this Article. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (30) +The licensing authority may examine or t est drive any vehicle at any time it considers +appropriate for protection of the public interest. +The owner of a vehicle shall have the right to complain against the result of a test to said authority within ten days, and the decision so made shall be final. + + +FEDERAL LAW NO. (21) OF 1995 ON TRAFFIC 18 + + Page 18 " +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (31) +With the exception of vehicles exempted – pursuant to the provisions of this Law – from +the registration provisions, and with the exception of the President’s and UAE Rulers’ vehi- +cles, it shall not be permissible to drive any mechanical vehicle unless two number plates +bearing its registration number are affixed to it in a visible place, one in the front and anoth-er in the back, provided that one rear plate is sufficient for t railers and semi- trailers. The re- +quirements and specifications of the said plates shall be determined pursuant to the deci- +sions issued for the implementation of this Law . + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (32) +The licensing authority must be notified of any disposition concerning the transfer of the +registration of any vehicle within fourteen days by the parties to the disposition. The owner +of the licence shall remain liable for obligations resulting from the use of the vehicle until +the licence is transferred to the other party. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (33) +Without prejudice to the penalties provided for in this law, the licensing authority may suspend, cancel or refuse the renewal of the licence of a vehicle according to the terms and conditions prescribed in the executive regulation of this law. + + + + + + +FEDERAL LAW NO. (21) OF 1995 ON TRAFFIC 19 + + Page 19 CHAPTER TWO +TECHNICAL CONDITIONS FOR VEHICLES AND FOR THE TEST, REPAIR, AND +USE OF VEHICLES +First: Technical Conditions +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (34) +Vehicles may not be used on the road unless they are in good working condition and +equipped with at least the following : +1. A durable steering wheel with easy and flexible movement. +2. Two effective brake- controls independent from each other, or one effec tive +brake -system that can be applied in two separate ways, one for stopping the vehicle +immediately when the other fails to work. +3. A suitable horn for giving audible alarms when necessary. +4. A rear view mirror fitted in a way that helps the driver to w atch the road from the rear. +5. A windscreen made of transparent material that neither changes the shape of visible +objects nor yields sharp fragments when broken. +6. A windshield wiper that automatically moves when necessary. +7. A safetybelt in accordance with the conditions of use described in the executive +regulation. +8. An anti- pollution system and a muffler. +9. A speedometer. +10. An air -inflated spare tire in good condition for use. +11. A fire extinguisher suitable for use in buses, trucks and tankers designed for carrying +bulk fuels. +Compliance with the requirements and conditions provided for in the regulations and +FEDERAL LAW NO. (21) OF 1995 ON TRAFFIC 20 + + Page 20 decisions made for enforcement of this law may apply to other vehicles. +However the devices mentioned in Clauses (5), (6) (7) and (10) of this article are not +required in motorcycles. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (35) +Vehicles shall be fitted with traffic lights which show the width of the vehicle. Lights shall +not be concealed or partly hidden by any portion of the vehicle or any load thereof. It shall +also b e fitted with traffic indicators which show the direction in which it is moving. +Trailers shall be fitted with rear lamps and side lamps to show the length of the trailer. +Motor cycles shall be equipped with head lights to illuminate the road at night time , and +with a tail lamp. If a motor -cycle includes a side cab, it shall be fitted with two side lamps at +the front and at the rear. +Bicycles shall be fitted with a head light at the front and with a red lamp and a red reflector +at the rear. +The cab shall be provided with a light which is bright enough to warn other users of the road +of its existence at night -time. +Conditions and specifications of all lights referred to in this article shall be defined in the regulations and decisions issued for enforcement o f this law. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (36) +The head lights of a vehicle shall not be switched on unnecessarily when a vehicle is +stationary. +It is forbidden to use a red lamp at the front of a vehicle or a white lamp which sends out a direct beam at the rear. +FEDERAL LAW NO. (21) OF 1995 ON TRAFFIC 21 + + Page 21 It is strict ly forbidden to use flood lights on a vehicle except for the purpose of spotting parts +of a vehicle which are being repaired. + +Second : Testing of Motorcars +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (37) +Motorcars of all kinds shall be technically tested by the licensing authority in accordance +with the provisions of this chapter, except for motorcars which are exempted from +registration. +The body or the colour of a motorcar may not be changed without prio r permission from the +licensing authority. +Following any substantial modification in the engine or body of a motor vehicle, the owner +of a motor vehicle shall apply for a test to be made by the licensing authority. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (38) +The vehicles shall be insp ected technically upon submission of their registration and +licensing applications and renewal of the licenses at the time and place determined by the licensing authority. The inspection, by the consent of the authority, may be made at any +other place determined by the license applicant, on the terms determined by the executive +regulation of this law. +The new make vehicles shall be exempted on the terms determined by the executive +regulation of this law. The vehicle owner shall have the right to grieve against the result of +the technical inspection by an application to be submitted to the licensing authority within +ten days, and its decision about that shall be final. + + +FEDERAL LAW NO. (21) OF 1995 ON TRAFFIC 22 + + Page 22 " +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (39) +After issuance of a license for any motor vehicle, the licensing authority m ay check the +vehicle, at any time to ensure protection of the public interest. The owner of the vehicle shall +carry out the instructions issued by said authority pursuant to the result of the mechanical +test, and shall bring the vehicle for rechecking othe rwise, the licensing authority may +withdraw or cancel the vehicle's registration. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (40) +If the licensing authority is convinced from the examiners' report that a licensed vehicle is +not fit for driving, it may give a notice to the owner of the vehicle that he should not use it; +said notice must include the deficiencies and defects of the vehicle. In this case the owner of +the vehicle shall not use it at all until the vehicle is brought back by him for rechecking, and +all s uch deficiencies and defects have been set right. +The licensing authority shall undertake to re -examine the vehicle and allow its owner to use +it if required repairs have been completed. However, if the vehicle is brought for checking +more than once for co mpletion of the repairs, the owner shall only be liable to pay the test +fees for one test only . + +Third : Repair of Vehicles +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (41) +A person or a garage may not carry out the repair of any motor vehicle involved in an accident without the approval of the licensing authority. + + +FEDERAL LAW NO. (21) OF 1995 ON TRAFFIC 23 + + Page 23 " +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (42) +No motor vehicle or any part thereof, or any mechanical equipment may be parked on the +road for the purpose of repair unless the repair of the vehicle is carried ou t in a short time +and does not cause disruption of traffic. + +CHAPTER THREE +SPECIAL PROVISIONS CONCERNING HIRED VEHICLES AND TRUCKS +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (43) +It is strictly forbidden to give or take on rent private vehicles which are not licensed for the purpose of hirin g. It is also forbidden to use such motor vehicles in carrying passengers or +cargo for any consideration whatsoever. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (44) +No one shall engage in the business of renting cars without obtaining permission from the licensing authority. A bicycle may also not be rented to any one under the age of fifteen +years. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (45) +Subject to the provisions contained in article (12) of this law, no truck or lorry may carry any passengers other those employed by the owner of the vehicle, or laborers required for +loading or off -loading the cargo. However in all cases, a truck -driver shall not carry more +laborers than those needed for the job, as specifically stated in the executive regulation of +this law. + +FEDERAL LAW NO. (21) OF 1995 ON TRAFFIC 24 + + Page 24 " +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (46) +Provided that no risk arises from carrying passengers in hired trucks, and that enough seats +are available for all passengers, the licensing authority may give permission for any public +truck to carry passengers against payment of a fare. However, in all cases it is not allowed for +light vehicle s to carry more than fifteen passengers and for heavy duty vehicles to carry +more thirty passengers. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (47) +Public buses which are not provided with a space for luggage shall not carry anything other +than hand -held items. Such luggage may not be ke pt near doors or in any place which is +likely to cause trouble to passengers. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (48) +Passenger vehicles or trucks should not be overloaded with persons or packages in a manner that causes danger to other passengers, or causes disruption to traffic whether the +vehicle is loaded or unloaded, subject to the provisions contained in the executive +regulation of this law. + +PART FOUR +PUNISHMENTS AND PROCEDURES FOR TRAFFIC OFFENCES +CHAPTER ONE + PUNISHMENTS +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (49) +Anyone committing any of the following de eds shall be punished by prison and by a fine not +FEDERAL LAW NO. (21) OF 1995 ON TRAFFIC 25 + + Page 25 less than twenty thousand dirhams or by one of the two punishments: +1. Fabrication or imitation of a number plate or usage of fabricated or imitated number +plate. +2. Distortion or efface or change of a numb er plate data along with using the same in what +is intended for. +3. Usage or allowance of third parties to use a number plate while he is aware of its +distortion or efface or change. +4. Movement of a number plate from a vehicle to another vehicle without t he consent of +the licensing authority. +5. Failing to stop without a valid reason at a traffic accident to which he is a party which +resulted in injuries to persons. +6. Driving of a vehicle or proceeding with driving thereof on the ro ad while he is under the +influence of the alcoholics or drugs and alike. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (50) +Anyone driving a vehicle on the road in case being suspended from driving by the order of +the court or by the order of the licensing authority shall be punished by impr isonment for a +period not more than three months and by a fine not less than five thousand dirhams or by +one of the two punishments. +Anyone driving a vehicle on the road without a driving license or with a license that does not +allow him to drive the same type of the vehicle shall be punished by imprisonment for a +period not more than three months and by a fine not less than five thousand dirhams or by +one of the two punishments. +FEDERAL LAW NO. (21) OF 1995 ON TRAFFIC 26 + + Page 26 +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (51) +Punishment by imprisonment for a period not exceeding three mon ths and by a fine not +exceeding Dhs. 6000 (six thousand dirhams) or by either of these two penalties shall be +inflicted upon any one who drives a vehicle on the road without holding a driving licence or +with a licence issued for driving a different type of vehicle. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (52) +Anyone commits any of the following deeds shall be punished by imprisonment for a period +not more than one year and by a fine not less than five thousand dirhams or by one of the +two punishments: +1. Lending or borrowing or renting or hiring a number plate on the contrary to what the +provisions of this law stipulate. +2. The default of the owner of a vehicle which caused a crime or accident in provision of information that he was able to provide and that would detect the circumstances of the +crime or the accident or the causing person and would facilitate arresting him. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (53) +This Article has been repealed by Article 2 of Federal Law 12 of 2007 . + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (54) +This Article has been repealed by Article 2 of Federal Law 12 of 2007 . + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (55) +This Article has been repealed by Article 2 of Federal Law 12 of 2007 . +FEDERAL LAW NO. (21) OF 1995 ON TRAFFIC 27 + + Page 27 +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (56) +Anyone who refuses to give his name or address or gives incorrect data to one of the police +staff who wears his uniform or presents his official card, when he is asked to do so once he is +caught committing a crime that is punishable under the provisions of this law and the +regulations and decisions issued in implementation thereof, shall be punished by +imprisonment for a period not more than three months and by a fine not less than five hundred dirhams and not more than two thousand dirhams or by one of the two +punishments. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (57) +Without prejudice to the punishments provided for in this chapter, anyone who commits a +violation to any other provision of the provisions of this law and the regulations and +decisions issued in implementation thereof, shall be punished by imprisonment for a period +not more than one month and by a fine no t less than two hundred dirhams and not more +than five hundred dirhams or by one of the two punishments. +It shall be considered as a strict action for re -committing a crime that is punishable under the +provisions and the regulations and decisions issued in implementation thereof within one +year from the date of committing the crime. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (58) +Where the court is satisfied that a person is guilty of a crime related to the driving of a +motorcar, it may : +1. Suspend his driving licence for a certain period and deny him the right to obtain a +renewed licence for a further period after expiration of the suspended licence. +FEDERAL LAW NO. (21) OF 1995 ON TRAFFIC 28 + + Page 28 2. Decide to deprive him of the right to obtain a driving licence for a certain period if he has +no licence under the provisions of this law. +An order to suspend a licence or take away the right to obtain it shall invalidate the licence +and the right to obtain another licence during the period of suspension of or deprivation of +the licence. He sh all be considered a defaulter of the provisions of this law, whoever applies +to obtain a licence contrary to the provisions of this article, and the licence obtained by such +contravention shall be considered invalid. +Nevertheless, whoever is denied the rig ht to obtain a driving licence may apply to the same +court that has convicted him, for cancellation of such a denial, after the lapse of six months +from the date of conviction. + +CHAPTER TWO +PROCEDURES FOR TRAFFIC OFFENCES +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (59) +A policeman shall hav e the right to arrest any driver of a vehicle, if he is caught in the act of +committing any of the following offences : +1. Causing death or injury to another person by reason of driving the vehicle. +2. Driving a vehicle carelessly or in a manner that exposes the life of the public to danger. +3. Driving a motor vehicle under the influence of alcohol or any another drug or any substance that causes loss of control over the vehicle. +4. Refusing to give his name or his address or giving a false name or address in the event of the occurrence of any of the crimes referred to in this article. +5. Attempting to escape from the scene of an accident in which he has caused injury to the +life of any person or in the e vent of receiving an order from policeman to stop his +FEDERAL LAW NO. (21) OF 1995 ON TRAFFIC 29 + + Page 29 vehicle. +The provisions of the penal proceedings law shall apply to this case. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (60) +A policeman shall have the right to seize any motor vehicle in any of the following cases: +1. If it is fou nd mechanically unfit for plying on the road, if it fails to comply with the +requirements of this law concerning license plates or mufflers of if it is driven without +brakes or without sufficient lights at night time. In any of such cases, the vehicle shall be +prevented from being used until the defects are repaired. Where it needs to be taken to a garage for repair, it shall be towed by a trailer, and it may not be driven until after it +becomes fully operational. +2. If a driver has been previously convicte d of driving without a valid driving licence, and if +the vehicle is spotted again on the road without showing such a licence. In this case the +vehicle shall not be returned to its owner except after producing said driving licence. +3. If a vehicle is driven on the road by a person who is not in possession of a driving licence +or permit, unless it is exempted from such a requirement. In this case, the vehicle shall +only be released to a driver holding a valid driving licence and who is legally authorized +to receive said vehicle. +4. If it is used on the road after making substantial changes in the chassis or in the body of +the vehicle or in the colour without informing the licensing authority of such changes, as +specifically stated in this law. +5. If it is involved in a crime resulting from a traffic accident, in which case the vehicle has to be brought as an evidence to the court. + +FEDERAL LAW NO. (21) OF 1995 ON TRAFFIC 30 + + Page 30 " +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (61) +1. The Minister of Interior shall determine the cases in which the license or the vehicle may +be detaine d. +2. Excluding the punishments provided for herein, the fines prescribed in the violation +schedules issued by a decision of the Minister of Interior shall be collected, provided that +they should not exceed three thousand dirhams, and if the violator refuses that, the +papers shall be referred to the Public Prosecution, and in case of conviction the judged +fine should not be less than half of the prescribed value. + +PART FIVE +FEES FOR LEGAL ACTIONS AND ENFORCEMENT OF THE LAW +CHAPTER ONE +FEES +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (62) +Fees for actions provided for in the law and its executive regulation shall be fixed by a +decision of the Council of Ministers, at a maximum rate of Dhs. 3000 (three thousand). Fees +shall be received by the Federal Traffic Departments and deposited in the public treasury. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (63) +The following vehicles shall be exempted from the registration and licensing fees: +1. The vehicles which are owned by the federal government, local governments and their departments. +2. The vehicles which are used for the agricultural purposes and which are not used as +means of transport on the road. +FEDERAL LAW NO. (21) OF 1995 ON TRAFFIC 31 + + Page 31 3. The vehicles of the special need people. +4. One vehicle for the holders of the social affairs cards registered in his Emirate. +5. Vehicles of charity foundations. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (64) +Vehicles that have not been used for a period of over six months shall be exempted from +licence renewal fees during such a period, provided that the owner has notified the licensing +authority thereof and delivered the licence or plate numbers of the vehicle to them. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (65) +If the registration of a vehicle has been canceled for failure to renew the registration w ithin +one year, the vehicle shall not be re -registered until after payment of the registration fees in +arrears. + +CHAPTER TWO +ENFORCEMENT OF THE LAW +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (66) +The Minister of Interior shall determine the forms used to report traffic offences that occur in +violation of the rules of the present law. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (67) +The licensing authority shall establish the application forms which will be submitted for +obtaining licences and pe rmits issued in accordance with the provisions of the present law. +A decision on the forms of such licences and permits shall be made by the Minister of +FEDERAL LAW NO. (21) OF 1995 ON TRAFFIC 32 + + Page 32 Interior. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (68) +The licensing authority shall set forth the rules and procedures which it cons iders necessary +for maintaining traffic discipline, reducing the rate of traffic offences, and insuring a better +standard of driving. The traffic rules shall apply to pedestrians, drivers, vehicles and animals. + + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (69) +The Minister of Interior shall issue the regulations and decisions required for enforcement of the present law. Until the issuance of such regulations and decisions, the existing rules and +decisions shall continue to remain in force. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (70) +Valid licences, passes and permits shall remain in force until the expiration of their validity periods. Renewal and replacement of such licences shall be governed by the provisions of the present law. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (71) +Any provision in breach of or in contravention with the provisions of the present law shall +be considered null and void. + +" +security and safety,Federal Law No. (21) OF 1995 On Traffic,"Article (72) +This law shall be published in the Official Gazette, and come into force three months after +the date of its publication. +FEDERAL LAW NO. (21) OF 1995 ON TRAFFIC 33 + + Page 33 +Zayed Bin Sultan Al Nahyan +President of the U.A.E. +Issued by us at the Presidential Palace, +Dated : 27 Jamad Al Akher, 1416 A.H. +Corresponding to 20/11/1995. + " +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (1) +Definitions +The Definitions set forth in Federal Law No. (6) of 2022 shall be applied to this resolution. +Otherwise, the following terms and expressions shall be accorded their designated meanings, +unless the context otherwise requires: +Reprimand : Directing blame and reprimand to the Delinquent Juvenile or the Juvenile +at Risk of Delinquency without contempt or disdain. +Warning : Giving a written warning to the Delinquent Juvenile or the Juvenile at Risk +of Delinquency. +Social Isolation : Placing Delinquent Juvenile or at risk of delinquency in a place designated +for that purpose in accordance with the provisions of this Resolution. Cabinet Resolution No. (133) of 2023, Concerning the Executive Regulations of Federal Law No. (6) of 2022 +Concerning Delinquent Juveniles and Those at Risk of Delinquency 2 + Law : Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and those at +Risk of Delinquency . + +" +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (2) +Application of the Penal Procedures and Measures +1. Penal Proc edures and Measures specified in accordance with the law and this resolution shall +be applied to the Delinquent Juvenile who has reached the age of (12) years. +2. The Public Prosecution, in coordination with the Ministry or the Concerned Authority, shall +impl ement the Administrative Arrangements stipulated in the law and this resolution in a +manner appropriate to the case of Delinquent Juvenile who has not reached the age of (12) +twelve years. + +" +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (3) +General Criteria for Determining Measures +The appropriate measure for Delinquent Juvenile or a Juvenile at Risk of Delinquency is +determined in accordance with the following criteria: +1. Age of Juvenile. +2. Gender of the Juvenile. +3. The gravity of the act. +4. The nature of the act if it is organised or within on e or more gang group. +5. Number of Juvenile delinquencies. +6. The family, health, psychological and social status of the Juvenile. +7. Considering the best interest of the Juvenile. +8. Report of the Child Protection Specialist + + Cabinet Resolution No. (133) of 2023, Concerning the Executive Regulations of Federal Law No. (6) of 2022 +Concerning Delinquent Juveniles and Those at Risk of Delinquency 3 + " +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (4) +Implementation of the Judic ial Arrangements +The Judicial Arrangements stipulated in the law shall be implemented in accordance with the +provisions of this resolution. + +" +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (5) +Limitations of the Judicial Test Arrangement +The Court may order a suspension of the pronouncement of t he conviction ruling for a term of +no less than one year and no more than three (3) years in cases where it is permissible to sentence +the Delinquent Juvenile to a penalty of imprisonment. The Juvenile shall be subject to Judicial Test +Arrangement by placi ng him under one or more of the following limitations: +1. Not leaving the house at the times specified by the ruling. +2. Do not frequent the places specified by the ruling. +3. Not to travel during the Judicial Test Term except with permission from the Court. +4. Not to change the place of residence unless a permission is granted by the Court. +5. Carry out the duties determined by the ruling. +6. Subject to rehabilitation programmes determined by the Child Protection Specialist. +Considering that the Delinquent Juvenile does not reach the age of eighteen (18) years during the +term of implementation of the Judicial Test. + +" +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (6) +The Implementation of Judicial Test Arrangement +1. The Ministry or the Concerned Authority shall supervise the implementation of the Judicial +Test Arrangement in accordance with the Court ruling. +2. Within the framework of implementing the Judicial Test Arrangement, the Ministry or the +Concerned Authority may use Police Electronic Surveillance. + Cabinet Resolution No. (133) of 2023, Concerning the Executive Regulations of Federal Law No. (6) of 2022 +Concerning Delinquent Juveniles and Those at Risk of Delinquency 4 + " +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (7) +Report of Judicial Test Arrangement +1. The Minist ry or the Concerned Authority shall prepare periodic reports on the Delinquent +Juvenile when he is placed under Judicial Test in accordance with the following standards: +a. Education empowerment. +b. Family empowerment. +c. Social empowerment. +d. Skills development empo werment. +e. Voluntary Work empowerment. +2. The Ministry or the Concerned Authority shall submit periodic reports to the Public +Prosecution concerning the Delinquent Juvenile subject to Judicial Test. +3. The Public Prosecution shall take the following measures: +a. If periodic reports prove that the Delinquent Juvenile has passed the Judicial Test Term, +the matter shall be referred to the Competent Court to order its ruling deeming the case +as if it has not existed. +b. If the reports prove that the Delinquent Juvenile does not comply with the limitations of +the Judicial Test, the case shall be submitted to the Court for retrial in accordance with the +provisions of the law. + +" +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (8) +Cases of Electronic Surveillance +1. The Delinquent Juvenile shall be subject to the Electroni c Surveillance after the expiry of his +sentence or placed in specialised institutions and centres if he is convicted of one of the +following crimes: +a. Crimes affecting the external or internal security of the State, or those considered crimes +affecting the security of the State. +b. Crimes punishable by death or life or temporary imprisonment. Cabinet Resolution No. (133) of 2023, Concerning the Executive Regulations of Federal Law No. (6) of 2022 +Concerning Delinquent Juveniles and Those at Risk of Delinquency 5 + c. Crimes of counterfeiting, forging or imitating money. +d. Crimes of forging stamps or government financial documents or official papers. +e. The crime of bribery, em bezzlement, seizure, or damage to public funds. +f. Theft crime. +g. The crime of arson. +h. The crime of deliberate murder. +i. The Crimes of terrorism. +j. The crimes of narcotics and psychotropic substances +k. The crimes considered to harm the State security under the Law on Combating Rumours +and Electronic Crimes. +l. Persons convicted of crimes of incitement to debauchery and prostitution. +2. The Court may order that the Delinquent Juvenile be placed under Electronic Surveillance for +other crimes. + +" +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (9) +Electronic Surveil lance Term +1. The Electronic Surveillance Term prescribed under Clause (1) of article (8) of this resolution +shall be a term equal to the term of punishment, provided that it does not exceed (3) three +years, in accordance with the following controls: +a. Electron ic Surveillance shall continue until its term expires, even if the Delinquent +Juvenile has reached eighteen (18) years of age. +b. The Electronic Surveillance Term for Delinquent Juvenile shall commence from the date +of the end of his sentence or his placement in specialised institutions or centres, and the +date scheduled for its expiration shall not be extended if it is not possible to implement it. +2. The Electronic Surveillance Term in cases in which the Court may rule shall be equal to the +term specified in th e ruling, provided that it does not exceed (2) two years, in accordance with +the following controls: Cabinet Resolution No. (133) of 2023, Concerning the Executive Regulations of Federal Law No. (6) of 2022 +Concerning Delinquent Juveniles and Those at Risk of Delinquency 6 + a. The Electronic Surveillance Term ends if the Delinquent Juvenile reaches the age of +eighteen (18) years or when the Electronic Surveillance Term specified in the ruling +expires, whichever comes first. +b. The Electronic Surveillance Term for Delinquent Juvenile shall commence from the date +of the end of his sentence or his placement in specialised institutions or centres, and the +date scheduled for its expiratio n shall not be extended if it is not possible to implement it. +c. The Court may reduce the Electronic Surveillance Term on its own initiative or upon the +request of the Public Prosecution, the Delinquent Juvenile, or his Guardian, in accordance +with periodic reports accompanied by the opinion of the Child Protection Specialist. + +" +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (10) +Procedures for implementing and following up on the Electronic Surveillance +Arrangement +Electronic Surveillance of the Delinquent Juvenile shall be carried out in accordance with the +following procedures: +1. Determine the Electronic Surveillance Means in accordance with the report of the Child +Protection Specialist, taking the approval of the Ministry or the Concerned Authority to +indicate the availability of the propo sed method or not. +2. Enter the data of the Delinquent Juvenile subject to Electronic Surveillance into the Electronic +Surveillance database of the Ministry or the Concerned Authority. +3. The Public Prosecution shall oblige the Delinquent Juvenile or his Guardia n to review the +Ministry or the Relevant Authority in order to implement the Electronic Surveillance +Arrangement. +4. The Ministry or the Concerned Authority shall coordinate with the Public Prosecution to +submit periodic reports to it concerning the implement ation of the Electronic Surveillance +Arrangement. + Cabinet Resolution No. (133) of 2023, Concerning the Executive Regulations of Federal Law No. (6) of 2022 +Concerning Delinquent Juveniles and Those at Risk of Delinquency 7 + " +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (11) +Criteria for Ruling of Community Service Arrangement +Upon ruling of Community Service Arrangement, the following Criteria shall be observed: +1. Select the place closest to the residence of the De linquent Juvenile. +2. Select Community Service that matches the personal skills possessed by the Delinquent +Juvenile. +3. Comply with the age set by law for performing Community Service. +4. The Ministry, the Competent Authority, or the Concerned Authority, as the ca se may be, shall +submit a report on the health condition of the Delinquent Juvenile and its suitability for the +proposed Community Service in coordination with the Health Authority. +5. The gender of the Delinquent Juvenile is appropriate to the proposed Commu nity Service. + +" +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (12) +Places for Implementing Community Service Arrangement +Community Service Arrangement for the Delinquent Juvenile shall be implemented in one of the +following: +1. Elderly Care Home. +2. Holy Quran Recitation Institute. +3. Primary Healthcare Centres. +4. Municipalities and Environment Bodies. +5. Sports Facilities. +6. Red Crescent. +7. Public Welfare and Charity Associations and Institutions +8. Cooperative Societies. +9. Civil Defence. +10. Museums. Cabinet Resolution No. (133) of 2023, Concerning the Executive Regulations of Federal Law No. (6) of 2022 +Concerning Delinquent Juveniles and Those at Risk of Delinquency 8 + 11. Any other party in which the Court deems it possible to implement a Community Service +Arrangement based on the report of the Child Protection Specialist and a statement of the +opinion of the party in which it is proposed to implement Community Service. + +" +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (13) +Term and Procedures for Implementing Communit y Service +When implementing the Community Service Arrangement, the following shall be considered: +1. Its term shall not be less than (48) forty -eight hours of service and not more than (96) ninety - +six hours of service. +2. The term of Community Service hours per day shall not exceed four (4) hours and shall not +be less than one hour. +3. Community Service shall be performed on weekends if the Delinquent Juvenile is related to +school. +4. The Delinquent Juvenile shall perform Community Service continuously until it is comp leted +during the school and summer vacations. +5. The Ministry or the Concerned Authority shall follow up on the implementation of the +Community Service Arrangement with the entity implementing the management in +accordance with the Court ruling. +6. The Ministry s hall coordinate with the Public Prosecution concerning the procedures for +implementing the Community Service Arrangement, and the entity in which the Community +Service shall be implemented shall submit a detailed report on the extent of the Delinquent +Juve nile commitment to performing the service, in accordance with the time term specified in +the ruling issued by the Competent Court. +7. If it is not possible to implement Community Service due to the implementing entity or the +nature of the work carried out by this entity, the Public Prosecution shall be informed to +present the matter to the Competent Court to decide what it deems appropriate. + Cabinet Resolution No. (133) of 2023, Concerning the Executive Regulations of Federal Law No. (6) of 2022 +Concerning Delinquent Juveniles and Those at Risk of Delinquency 9 + " +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (14) +Controls for Implementing Community Service Arrangement +The entities in which the Community Service Arr angement shall be implemented shall comply as +follows: +1. Fail to carry out Community Service for Delinquent Juvenile in tasks other than those +specified in the Court ruling. +2. Fail to carry out Community Service in dangerous or arduous work or work that, by it s nature, +causes harm to his health, safety or morals. +3. Fail to carry out Community Service for the Delinquent Juvenile during the term from seven +(7) pm until seven (7) am. +4. Not assign the Delinquent Juvenile to additional work hours, or keep him after his scheduled +appointments. +5. Develop a specific programme to implement Community Service Arrangement in +coordination with the Ministry or the Concerned Authority. + +" +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (15) +Arrangement of Prohibition of Practice of Certain Work +1. The Court may rule to pro hibit the Delinquent Juvenile from practising a specific work or +activity if it becomes clear to it that this work or activity has an impact on his delinquency. +2. The Ministry or the Concerned Authority shall follow up on the implementation of the +arrangemen t in accordance with the Court ruling, and may use Electronic Surveillance means +to follow up on its implementation. +3. The Ministry or the Concerned Authority shall submit periodic reports to the Public +Prosecution to be presented to the Competent Court to indicate whether or not the +arrangement will continue to be implemented. + + Cabinet Resolution No. (133) of 2023, Concerning the Executive Regulations of Federal Law No. (6) of 2022 +Concerning Delinquent Juveniles and Those at Risk of Delinquency 10 + " +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (16) +Controls for Vocational Training Arrangement +When ruling Vocational Training Arrangement, the following controls shall be observed: +1. The training shall be appropriate to the age and gender of the Delinquent Juvenile. +2. The training term shall not be less than one month and not more than three (3) years. +3. Vocational Training shall be carried out in Governmental or Private Sector centres and +specialised agencies that are accred ited by the Ministry or the Concerned Authority. + +" +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (17) +Procedures for Implementing the Vocational Training Arrangement +The Vocational Training Arrangement shall be implemented in accordance with the following +procedures: +1. The Competent Court shall issue its ruling obligating the Delinquent Juvenile to perform +Vocational Training, specifying the body for its implementation and term. +2. The Ministry or the Concerned Authority shall follow up on the implementation of the +Vocational Training Arrangem ent with the entity implementing the arrangement in +accordance with the Court ruling. +3. The Ministry or the Concerned Authority shall submit periodic reports to the Public +Prosecution to be presented to the Competent Court in accordance with the term set in the +ruling. + +" +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (18) +Partnership with the Private Sector +The Ministry or the Concerned Authority may enter into partnerships with the Private Sector in +implementing professional arrangement in coordination with the Ministry of Community +Development, the Ministry of Human Resources and Emiratisation, or the Relevant Local +Authorities. Cabinet Resolution No. (133) of 2023, Concerning the Executive Regulations of Federal Law No. (6) of 2022 +Concerning Delinquent Juveniles and Those at Risk of Delinquency 11 + " +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (19) +Arrangement of Placing at Health Facility +The arrangement to place Delinquent Juvenile in a shelter, treatment centre, or health facility shall +be implemented in coordination between the Public Prosecution and Health Authorities in the +State. + +" +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (20) +Arrangement of Placing at the Juvenile Institution +1. The placement arrangement at Juvenile Institution shall be implemented by the Ministry or +the Relevant Authority, as the case may be. +2. When the Delinquent Juvenile appears before the Court, the Court shall consider the ruling to +place the Delinquent Juvenile at Juvenile Institution for rehabilitation and correction of his +behaviour in the followi ng cases: +a. Delinquent Juvenile who poses a danger to himself or others. +b. Delinquent Juvenile who has committed very serious crimes. +c. Delinquent Juvenile whose delinquency has occurred more than three (3) times. +d. Delinquent Juvenile who commits several crimes a t the same time. +e. Delinquent Juvenile who has repeatedly violated the arrangements imposed by the Court +more than twice. +3. Term of placement ends if the Delinquent Juvenile reaches eighteen (18) years of age. +4. Juvenile Institution shall submit periodic reports every three (3) months to the Public +Prosecution on the case of the Delinquent Juvenile. +5. Based on the periodic reports submitted by the Juvenile Institution, the Court may suffice with +the term of placement and release the Delinquent Juvenile, repl ace him with another +measure, or continue placing him for the term it specifies. + + Cabinet Resolution No. (133) of 2023, Concerning the Executive Regulations of Federal Law No. (6) of 2022 +Concerning Delinquent Juveniles and Those at Risk of Delinquency 12 + " +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (21) +Arrangement of Placing at the National Counselling Centre +The arrangement of placing Delinquent Juvenile in the National Counselling Centre shall be +implemented in accordance with the legislation in force in the State, and the Delinquent Juvenile +shall be subject to the programmes and policies approved by the National Counselling Centre. +The Public Prosecution shall be provided with periodic reports on his conditi on, to be presented +to the Court to request his release or continued detention. + +" +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (22) +Controls for Placing Metal handcuffs on Delinquent Juveniles +1. Metal handcuffs or any type of limitations that restrict the movement of Delinquent Juvenile +at any stage of the investigation or trial shall not be allowed except in the following cases: +2. If the Delinquent Juvenile resists the Police officers or tries to escape from them. +3. If the Delinquent Juvenile commits an act that would harm himself or others. +4. If the Delinquent Juvenile does not comply with the instructions and orders of the Police +officers. +5. As an exception to the provisions of Clause (1) of this Article, Delinquent Juvenile may be +restrained with metal handcuffs in the following cases: +a. When he is transferred from one place to another and one of the cases mentioned in +Clause (1) of this Article exists. +b. If he or she tries to get rid of the Electronic Surveillance Device. +c. If he commits acts that would destroy property or cause chaos. + +" +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (23) +Procedures and Controls for Taking the Statements of Delinquent Juvenile +1. The Statement of Delinquent Juvenile in cases other than felonies is taken by the Police in +accordance with the following procedures: Cabinet Resolution No. (133) of 2023, Concerning the Executive Regulations of Federal Law No. (6) of 2022 +Concerning Delinquent Juveniles and Those at Risk of Delinquency 13 + a. Testimony of the Delinquent Juvenile in spec ial places set for this purpose. +b. If the crime committed by the Delinquent Juvenile constitutes a felony, the Public +Prosecution shall be informed to give orders before taking any procedural action against +him. +c. The Guardian or a relative of the Delinquent J uvenile shall be informed within a term not +exceeding four (4) hours from the time of learning of his identity. +d. Upon testimony, the Delinquent Juvenile shall be referred directly to the Public +Prosecution along with the report of the Child Protection Speci alist, and the Ministry or +the Concerned Authority shall be informed of that. +e. The Delinquent Juvenile shall be dealt with in accordance with the decisions of the Public +Prosecution. +2. Upon testimony of the Delinquent Juvenile, the Police shall comply with th e following +controls: +a. A Child Protection Specialist shall be present during the testimony Session in cases other +than felonies, and he shall prepare a report on the Delinquent Juvenile, and express their +opinion in writing on matters related to his persona lity. +b. A translator shall give assistance if the Delinquent Juvenile is not fluent in the Arabic +language. +c. The term of testimony shall not exceed (2) two consecutive hours, after which the +Delinquent Juvenile shall be given a break of not less than (15) fif teen minutes. +d. Considering that the Victim and the Perpetrator are not present in the same place at the +time of testimony of either of them. +e. The Guardian may be allowed to attend the testimony Session upon the request of the +Delinquent Juvenile in accordance with the requirements for testimony. +f. The incident attributed to the Delinquent Juvenile shall be explained in a simple manner +and in his own language. +g. The Police shall wear civilian clothing while testimony from Delinquent Juvenile. + Cabinet Resolution No. (133) of 2023, Concerning the Executive Regulations of Federal Law No. (6) of 2022 +Concerning Delinquent Juveniles and Those at Risk of Delinquency 14 + " +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (24 ) +Places for testimony from Delinquent Juvenile +1. The Police shall ensure that the places of the Delinquent Juvenile testimony are in accordance +with the following specifications: +a. The place of testimony shall be isolated from the place where the Statement is recorded. +b. The locations for testimony shall conform to the environmental and safety specifications +approved in the State. +c. To allocate health care places when needed. +d. The locations for testimony shall be appropriate for cases of Delinquent Juvenile with +disabilities (people of determination). +e. A designated room shall be provided for the Delinquent Juvenile to change their clothes +when needed. +2. In places where Delinquent Juvenile testimony is taken, the Police shall take into account the +following: +a. An o ffice dedicated to the Public Prosecution based on coordination between them. +b. Separate the families of the Perpetrator and the Victim of Delinquent Juvenile cases in +waiting areas. +c. Waiting Designated Places for Children + +" +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (25) +Social Risk to the Chi ld +In addition to article (32) of the law, Social risk to the Child if it is feared that he shall be at risk +Delinquency in any of the following cases: +1. If he is under the care of a person who is not qualified for care. +2. If the Guardian, Custodian, or Truste e has a criminal record. +3. If the family is not qualified to care for him in accordance with the report of the Child +Protection Specialist. Cabinet Resolution No. (133) of 2023, Concerning the Executive Regulations of Federal Law No. (6) of 2022 +Concerning Delinquent Juveniles and Those at Risk of Delinquency 15 + +" +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (26) +Implementation of Administrative Arrangements +The Police shall impose Administrative Arrangements on the Juvenile at Risk of Delinquency, +after taking the following measures: +1. Prepare a report of the Child Protection Specialist +2. Conduct social risk assessment. +3. Refer the report and assessment to the Competent Authority to take the arrangement in +accordance with the powers stated in article (27) of this resolution. +4. Informing the Guardian. + +" +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (27) +Outcomes of Social Risk Assessment +1. The outcomes of the social risk assessment shall be divided into (100) hundred degrees, and +appropriate measures shall be taken as follows: +No. Outcome of Social +Risk Assessment Administrative Arrangement Competent +Authority +1 0 – 20 Handover to the Guardian. Police Station Officer +2 21 – 40 Commitment to certain duties. Police Station Chief +Officer +3 41 – 80 Electronic Surveillance to +prevent him from going to Police Stations Chief +Officer + Specific locations, or specify exit +hours Comprehensive +4 81 – 100 Referral to the Juvenile +Institution. Director General of +Police Operations Cabinet Resolution No. (133) of 2023, Concerning the Executive Regulations of Federal Law No. (6) of 2022 +Concerning Delinquent Juveniles and Those at Risk of Delinquency 16 + 2. The two Administrative Arrangements mentioned in Clause (3 and 4) are limited to Juveniles +over the age of fifteen (15). +3. If it turns out that the Juvenile at Risk of Delinquency, in accordance with the report of the +Child Protection Specialist, requires being brought to a health facility or specialised centre, he +shall be referred to the health facility or specialised centre by decision of the Director General +of Police Operations, and periodic health status reports shall be prepared and present ed to +the Public Prosecution to decide to release him upon his recovery. +4. As an exception to the arrangement of handing over to the Guardian, when any of the +Administrative Arrangements are imposed on a Juvenile subject to delinquency, he shall be +prohibite d from travelling during the term specified for the arrangement. + +" +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (28) +Terms of Administrative Arrangements +1. The term of Administrative Arrangements shall be as follows: +Term Arrangement No. +Not to exceed (20) twenty hours at a rate +of (2) two hours per day Commitment to certain duties. 1 +Not more than (2) two months Electronic Surveillance to prevent him +from going to specific places, or +specifying exit hours. 2 +Not more than (2) two months Referral to the Juvenile Institution. 3 + +2. A report shall be prepared by a Child Protection Specialist if the Juvenile at Risk of +Delinquency implements the two measures (2 and 3) and spends a term of no less than a +month, and it is presented to the Public Prosecution to issue its decision to approve the +arrangement, amend it, or hand it over to the Guardian after taking the necessary pledge on +him. Cabinet Resolution No. (133) of 2023, Concerning the Executive Regulations of Federal Law No. (6) of 2022 +Concerning Delinquent Juveniles and Those at Risk of Delinquency 17 + +" +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (29) +Implementation of Commitment arrangement to certain duties +The arrangement of imposing certain duties shall be implemented by obligating the Juvenile at +Risk of Delinquency to perform one or more of the following duties: +1. Attend lectures. +2. Perform volunteer work hours. +3. Do sports activities. +4. Attend training courses. +5. Perform additional classes. +6. Undergo the required examinations. + +" +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (30) +Implementing the Electronic Surveillance Arrangement +The Electronic Surveillance Arrangement shall be implemented by any of the following means: +1. Smart bracelet. +2. Electronic attendance application. +3. Visual smart programmes approved by the Ministr y. +4. Any other electronic means approved by the Ministry. + +" +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (31) +Appeal against Administrative Arrangements +The Guardian may file appeal against Administrative Arrangement as of the date of knowledge of +the management as follows: +No. Administrative Arrangement Term of Appeal The Competent Authority +to consider the Appeal +1 Handover to the Guardian. (3) Three days Police Station Chief Officer Cabinet Resolution No. (133) of 2023, Concerning the Executive Regulations of Federal Law No. (6) of 2022 +Concerning Delinquent Juveniles and Those at Risk of Delinquency 18 + 2 Commitment to certain duties. (3) Three days Chief Officer of the +Comprehensive Police +Stations +3 Electronic Surveillance to prevent +him from going to specific places, +or specifying exit hours. (3) Three days Director General of Police +Operations +4 Referral to the Juvenile Institution. (10) Ten da ys Police Chief Commander + +" +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (32) +Special Provisions for Administrative Arrangements +1. The Administrative Arrangements and Procedures taken accordingly are included in its +electronic system. +2. The Ministry or the Concerned Authority, as the case may be, shall approve the necessary +programmes and policies to protect Juvenile at Risk of Delinquency in order to serve the +implementation of Administrative Arrangements. +3. In all cases, the Administrative Arrangement may be modified based on the report of the Child +Protection Specialist or a re -assessment of the social risk. + +" +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (33) +Controls for the Juvenile Institution Work +The Juvenile Institution shall operate with the powers specified for it in the law in accordance +with the controls stipulated i n this resolution. + +" +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (34) +Standards and Controls for Conditional Release +1. The Juvenile Institution may, on its own initiative or upon the request of the Delinquent +Juvenile or his Guardian, recommend the conditional release of the Delinquent Juvenile who Cabinet Resolution No. (133) of 2023, Concerning the Executive Regulations of Federal Law No. (6) of 2022 +Concerning Delinquent Juveniles and Those at Risk of Delinquency 19 + has been sentenced to a freedom -restricting penalty in accordance with the following +conditions: +a. If he serves half the sentence. +b. His behaviour shall be good during the term he spent at the Juvenile Institution. +c. He shall not have been convicted of a crime whose original penalty is execution. +d. He shall not commit any crime or be subject to one of the conditions of social danger +stipulated in accordance with the provisions of the law and this resolution during the +remaining term of the sen tence. +2. The Delinquent Juvenile shall be under Conditional Release, considering the following +controls: +a. Prepare a report by a Child Protection Specialist recommending his conditional release. +b. Undertaking of the Guardian or the Custodian to take good care of the Delinquent +Juvenile under Conditional Release. +c. The Child Protection Specialist shall monitor the Juvenile behaviour in the area where he +lives so that he can guide him and instruct him to take the necessary action if necessary. +d. The Conditional Release of the Delinquent Juvenile shall not lead to matters that would +jeopardize his life or safety. +3. The Delinquent Juvenile shall be released under condition, considering the following +measures: +a. By resolution of the Minister, a committee shall be formed that includes members +representing the Ministry, the Competent Authority, the Juvenile Institution, the Concerned +Authority, and the Public Prosecution to review cases of Conditional Release to recommend +release or not. The resolution shall determine the m echanism of the Committee work and +approve its recommendations. +b. The decision to Conditional Release shall be issued by the Minister or his Authorised +Representative. +c. The Public Prosecutor shall be informed of the Conditional Release decision. Cabinet Resolution No. (133) of 2023, Concerning the Executive Regulations of Federal Law No. (6) of 2022 +Concerning Delinquent Juveniles and Those at Risk of Delinquency 20 + 4. The Committee concerned with subsequent care, formed in accordance with the provisions +of this resolution, shall follow up on the case of the Delinquent Juvenile under Conditional +Release and recommend the continuation of the Conditional Release or his return to +comple te the remainder of the sentence. + +" +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (35) +Conditions and Controls for Granting Visit Permission +1. The Delinquent Juvenile shall be granted permission to visit his family if the following +conditions are met: +a. He shall have spent a term of no less than one month at Juvenile Institution if his sentence +was based on a judicial or Administrative Arrangement. +b. He shall have spent a term of no less than (4) four months at Juvenile Institution if the +Delinquent Juvenile was sentenced to a freedom -restricti ng penalty. +c. He shall have good conduct and behaviour during the term he spent in the Juvenile +Institution in accordance with the report of the Child Protection Specialist. +d. The Director of the Juvenile Institution shall recommend granting Visit Permission. +e. He shall not have been convicted of a crime whose original penalty is execution. +2. When granting Visit permission, the following controls shall be met: +a. The release of the Delinquent Juvenile from the Juvenile Institution shall not lead to +matters that would jeopardize his life or safety. +b. The Delinquent Juvenile shall be subject to Electronic Surveillance. +c. The term of the visit shall not exceed (24) twenty -four hours. +d. The Guardian or Custodian undertakes to take good care of the Delinquent Juvenile +during the Visit term and to return him when the time specified for it expires. +3. Visit Permission shall be granted in accordance with the following procedures: +a. The request for Visit Permission shall be referred, together with the required reports and +recom mendations, to the Public Prosecution. Cabinet Resolution No. (133) of 2023, Concerning the Executive Regulations of Federal Law No. (6) of 2022 +Concerning Delinquent Juveniles and Those at Risk of Delinquency 21 + b. The Public Prosecution shall issue its decision to grant or deny Visit Permission. +c. Place the Delinquent Juvenile under Electronic Surveillance during the Visit Permission +term. +d. Save the provisions stipulated under thi s Article, the Juvenile Institution may refer a +request for a Visit Permission to the Public Prosecution in the following cases: +e. Death of a relative up to the fourth degree. +f. Illness of a parent, Guardian, or Custodian. +g. Marriage occasions. + +" +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (36) +Conditions and Regulations for Reprimand Arrangement at Juvenile Institution +1. The Reprimand Arrangement shall be implemented in the following cases: +a. If he commits a minor violation for the first time in accordance with the policies applicable +at the Juvenil e Institution. +b. If he does not comply with the orders and instructions issued to him by the workers at the +Juvenile Institution. +2. When implementing the Reprimand Arrangement, the following controls shall be observed: +a. The reprimand shall be in secret sessions. +b. The reprimand shall be in the presence of Child Protection Specialist. +c. Do not use hands or any tool or use offensive or indecent words. +d. The reprimand shall be in understandable words and phrases in the language of the +Juvenile. +3. The authority to i mplement the Reprimand Arrangement shall belong to the Director of the +Juvenile Institution or his Authorised Representative, and the implementation of the +arrangement shall be recorded in the relevant electronic system. + + Cabinet Resolution No. (133) of 2023, Concerning the Executive Regulations of Federal Law No. (6) of 2022 +Concerning Delinquent Juveniles and Those at Risk of Delinquency 22 + " +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (37) +Conditions and Regula tions for Warning at Juvenile Institution +1. The Warning Arrangement shall be implemented in the following cases: +a. If he commits a minor violation for the second time or more in accordance with the +policies applicable at the Juvenile Institution. +b. If he commits acts that would obstruct the daily work of the programmes prepared for him +by the Juvenile Institution. +2. When implementing the Warning Arrangement, the following controls shall be observed: +a. Directing the Delinquent Juvenile or at risk of delinquency to imp rove his behaviour for +the next stage. +b. Warning Delinquent Juvenile or at risk of delinquency of tightening measures in the event +he repeats the violations. +3. The authority to implement the Warning Arrangement shall belong to the Director of the +Juvenile Institution or his Authorised Representative, and the implementation of the +arrangement shall be recorded in the relevant electronic system. + +" +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (38) +Conditions and Regulations for Denial from Certain Benefits at Juvenile +Institution +1. The Deni al Arrangement of certain benefits for Delinquent Juvenile or a Juvenile at Risk of +Delinquency shall mean the following: +a. Denial of making calls. +b. Denial from some recreational activities. +c. Denial from sporting activities. +2. Some benefits shall be denied in the following cases: +a. If he commits acts of verbal or physical altercation with others at the Juvenile Institution. +b. If he disobeys the orders. Cabinet Resolution No. (133) of 2023, Concerning the Executive Regulations of Federal Law No. (6) of 2022 +Concerning Delinquent Juveniles and Those at Risk of Delinquency 23 + c. If he refuses to attend his educational programmes. +3. When implementing the Denial Arrangement, the following controls shall be observed: +a. The term of Denial shall not exceed (7) seven days. +b. He shall not be deprived of family contact. +c. Prepare a report by a Child Protection Specialist explaining the reasons for the Juvenile +committing the cases mentioned i n Clause (2) of this Article. +4. The authority to implement the Denial Arrangement of certain benefits shall belong to the +Director of the Juvenile Institution or his Authorised Representative, and the implementation +of the arrangement shall be recorded in th e relevant electronic system. + +" +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (39) +Conditions and Regulations for Denial from Visit Permission at Juvenile +Institution +1. The Denial Arrangement of Visit Permission shall mean not proceeding with the procedures +for granting the Delinquent Juvenile an d the Juvenile at Risk of Delinquency permission to +visit his family in accordance with the provisions of this resolution. +2. Visit Permission shall be denied in the following cases: +a. If his behaviour during his stay at the Juvenile Institution does not call f or confidence, he +shall evaluate himself in accordance with the reports of the Child Protection Specialist. +b. If the Reprimand or Warning Arrangement was previously implemented against him more +than twice. +c. If the Denial Arrangement of some benefits against h im has not been implemented for +more than (2) two months. +3. When implementing the Denial Arrangement of the Visit Permission, the following controls +shall be observed: +a. The term of Denial shall not exceed (3) three months. Cabinet Resolution No. (133) of 2023, Concerning the Executive Regulations of Federal Law No. (6) of 2022 +Concerning Delinquent Juveniles and Those at Risk of Delinquency 24 + b. The psychological, emotional and hea lth aspects resulting from being denied a visit permit +shall be considered. +4. The authority to implement the arrangement of Denial Arrangement of Visit Permission shall +belong to the Director of the Juvenile Institution or his Authorised Representative, and the +implementation of the arrangement shall be recorded in the relevant electronic system. + +" +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (40) +Conditions and Regulations for Social Isolation at Juvenile Institution +1. Social Isolation places shall meet the following specifications: +a. It shall contain the environmental and safety specifications approved in the State. +b. It shall be adequately lit. +c. It shall not be tight and affect his psychological or health condition. +d. Isolation places shall be free of any materials or tools that would help him harm himself. +e. It shall contain the necessary materials to correct his behaviour, support, develop skills, +educate , and teach. +2. The Social Isolation Arrangement shall be implemented in the following cases: +a. If he commits any act that con stitutes a crime while he is at Juvenile Institution. +b. If he commits disgraceful or indecent words or actions. +c. If he damages the property of the Juvenile Institution. +d. If he harms himself or others at the Juvenile Institution. +e. If he resists or assaults the w orkers at the Juvenile Institution. +3. When implementing the Social Isolation Arrangement, the following controls shall be +observed: +a. Workers at the Juvenile Institution stop by periodically during the day to check on him. +b. The term of Social Isolation shall no t exceed (7) seven days. Cabinet Resolution No. (133) of 2023, Concerning the Executive Regulations of Federal Law No. (6) of 2022 +Concerning Delinquent Juveniles and Those at Risk of Delinquency 25 + 4. The authority to implement the Social Isolation Arrangement shall belong to the Director of +the Juvenile Institution or his Authorised Representative, and the implementation of the +arrangement shall be recorded in the relevant elec tronic system. +" +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (41) +Reports of the Child Protection Specialist +For the purposes of implementing the provisions of the law and this resolution, the minimum +standards contained in the Child Protection Specialist report are as follows: +1. Personal Data +2. Guardian data. +3. Summary of the incident. +4. Family social data. +5. Economic status of the family. +6. Educational status of the family. +7. Family health status. +8. Family social risk assessment. +9. Diagnosing the legal status of the Delinquent Juvenile or the Juvenile at Risk of Delinquency. +10. Opinion. +11. Recommendations. + +" +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (42) +Follow -Up Care of the Juveniles +1. By resolution of the Minister, Juvenile Aftercare Committee shall be formed, including +representatives of the following entities: +a. Ministry of Interior. +b. Ministry of Defence. +c. Ministry of Justice. +d. Ministry of Community Development. Cabinet Resolution No. (133) of 2023, Concerning the Executive Regulations of Federal Law No. (6) of 2022 +Concerning Delinquent Juveniles and Those at Risk of Delinquency 26 + e. Ministry of Education. +f. Ministry of Health and Prevention. +g. Ministry of Human Resources & Emiratisation. +h. Public Prosecution. +i. Any Competent Authority or other Concerned Party determined by the Minister. +2. The Juvenile Aftercare Committee shall establish the necessary programmes and policies for +the Juvenile Aftercare and their integration into society in accordance with the following axes: +a. Focus of legal support and legal follow -up. +b. Focus of social support for Juveniles and their families. +c. Focus of Psychological support. +d. Focus of financial and economic support. +e. Focus of educational and school support. +3. All Delinquent Juveniles or Those at Risk of Delinquency shall be subject to the programmes +and policies decided by the Committee within a term not exceeding one year. Delinquent +Juveniles or Those at Risk of Delinquency may not travel during their subsequent care term +except with permission from the Ministry or the Concerned A uthority. +4. The Juvenile Aftercare Committee shall determine the violations and administrative penalties +related to violating aftercare programmes and policies. The violations and administrative +penalties shall be issued by a resolution of the Cabinet based on the Minister proposal. + +" +security and safety,Cabinet Resolution No. (133) of 2023 Concerning the Executive Regulations of Federal Law No. (6) of 2022 Concerning Delinquent Juveniles and Those at Risk of Delinquency,"Article (43) +Working Models +The following forms shall be approved by a decision of the Minister or his Authorised +Representative: +1. Implementation of the Report of Judicial Test Arrangement +2. Model of Social Risk Assessment + Cabinet Resolution No. (133) of 2023, Concerning the Executive Regulations of Federal Law No. (6) of 2022 +Concerning Delinquent Juveniles and Those at Risk of Delinquency 27 + Artic le (44) +Publication and Entry into Force of the Resolution +This Resolution shall be published in the Official Gazette and shall enter into force as of the day +following its publication date. + + + + + + + + + + + + + + + + +Mohammed Bin Rashid Al Maktoum +Prime Minister + +Issued by Us: +Issued in Dubai on December 15, 2023 +Corresponding to: Jumada al -Akhir 02, 1445 A.H. " +security and safety,Federal Decree-Law No. (43) of 2021 On the Goods Subject to Non-Proliferation,"Article (1) +Definitions +For the purpose of applying the provisions hereof, the following words and expressions shall +denote the meanings assigned thereto respectively, unless the context requires otherwise: +Federal Decree- Law No. ( 43) of 2021 o n the Goods Subject to Non -Proliferation 2 + State : The UAE. +Competent Entity : The entity designated and regulated under a cabinet resolution +based on the proposal of the Minister of Foreign Affairs and +International Cooperation. + Entities +Concerned : The federal or local entity having the authority over the +circulation of the goods that are subject to this Decree -Law. +Non -Proliferation : The prohibition of illegal and unauthorized circulation of goods +that are involved in the production or development of weapons +of mass destruction, the technology associated thereto and their +means of delivery. +Goods/ Item of +goods + : The materials, systems, equipment, components, software or +technology listed in the Goods Schedule. + Goods Schedule : The goods schedule to be issued under a resolution of the +Cabinet. + Circulation of +Goods : The import, export, re -export, trans -shipment, in -transit shipping +or transportation between ports or brokerage activities, whether +carried out by a natural or legal person. +Import + : Bringing the item of goods into the State through customs ports +or free zones. + Export : Taking the item of goods out of the State, including goods +produced in the free zones through customs ports. +Re-export + : Exporting the pre -imported goods through the customs ports of +the State or free zones, including the return of the item of goods +to the country of origin. +In-transit shipping + : The entry and subsequent exit of the goods loaded on a means +of transport at a customs port in the State, without unloading the +item of goods from the means of transport, while remaining +under customs control. + Transshipment : The transit of the goods loaded on a means of transport at a +Federal Decree- Law No. ( 43) of 2021 o n the Goods Subject to Non -Proliferation 3 + customs port in the State by unloading them from the means of +transport and loading them into another means of transport for +the purpose of shipping them outside the State, while remaining +under customs control. +Transportation +between ports + : The transportation of goods loaded on a means of transport from +a customs port to another inside the State without opening the +shipment, while remaining under customs control. +Permit : The prior authorization for circulating the goods set out in Article +(2) hereof. +Beneficiary : The natural or legal person who applies for the permit. +Means of +Transport : Any land, sea or air transportation means. +Technology + : Specific informatio n necessary for the development, production +or use of goods, in the form of technical data that is embedded or +integrated into schemes, designs, plans, graphs, models, +equations, tables or engineering designs, or embedded or +integrated into details, manuals, or instructions written or +recorded on a device. + Document : Any document, record, or part of either of them, whether in +paper or electronic form preserved on a magnetic, optical or +chemical means, or a photograph, map, scheme, chart, picture or +drawing. +Device : Any tangible medium that records, stores or embodies a +technology, through which the information or data contained +therein could be retrieved or produced, with or without other +equipment. + Relevant Activity : Any practices aimed at creating, developing, producing, handling, +operating, maintaining, storing, deploying or using any weapon, +including nuclear, chemical, biological or radiological weapons, +missiles equipped with such weapons, or any other activity +Federal Decree- Law No. ( 43) of 2021 o n the Goods Subject to Non -Proliferation 4 + related to the weapons of mass destruction. +Weapons of Mass +Destruction : Weapons capable of inflicting substantial harm upon a large +group of people and threatening life and natural environment +through their catastrophic effects, such as nuclear, biological, +chemical and radiological weapons. +Comprehensive +Seizure + : The seizure of a item of goods that is not listed in the Goods +Schedule due to suspicions about its use or the end user, or +because it is included in the national or international lists of bans +or penalties. + Brokerage : Mediation between the seller and the buyer with the aim of +facilitating a business deal in return for an agreed benefit or fee. + +" +security and safety,Federal Decree-Law No. (43) of 2021 On the Goods Subject to Non-Proliferation,"Article (2) +Applicability +The provisions of this Decree -Law shall apply to the entire territory of the State, including +the free zones, as well as the following goods: +1. Goods included in a cabinet resolution. +2. Goods listed in accordance with the Security Council resolutions. +The Cabinet Resolution referred to in this Article shall enter into force of the day following +the date of its publication in the Official Gazette. + +" +security and safety,Federal Decree-Law No. (43) of 2021 On the Goods Subject to Non-Proliferation,"Article (3) +Prohibiting or Restricting the Circulation of Goods +Without prejudice to the competencies of the Entities Concerned and subject to the legislation in force in the State and the international agreements ratified by the State, the +Competent Entity may prohibit or restrict the circulation of any of the goods stipulated in +article (2) hereof, as determined by the Executive Regulations of this Decree -Law. + + +Federal Decree- Law No. ( 43) of 2021 o n the Goods Subject to Non -Proliferation 5 + " +security and safety,Federal Decree-Law No. (43) of 2021 On the Goods Subject to Non-Proliferation,"Article (4) +Permit Issuance Conditions +Without prejudice to the obligat ions imposed by the legislation in force in the State and the +relevant international agreements ratified by the State, the competent entity shall issue a +permit for the beneficiary in accordance with the following conditions: +1. The permit shall be compatible with the licensed activity of the beneficiary. +2. The end user shall obtain permission or permit from the competent authorities in the +country receiving the item of goods in accordance with the latter's legislation, if +necessary. +3. The beneficiary shall submit any information or data related to the course of the item of +goods if it passes through more than one country. +4. Any other conditions specified by the Executive Regulations of this Decree -Law. + +" +security and safety,Federal Decree-Law No. (43) of 2021 On the Goods Subject to Non-Proliferation,"Article (5) +Permit Application Submission Controls +The permit application shall be submitted to the competent entity in accordance with the categories, procedures, terms, and forms described in the Executive Regulations of this +Decree- Law. + +" +security and safety,Federal Decree-Law No. (43) of 2021 On the Goods Subject to Non-Proliferation,"Article (6) +Permit Usage Controls +1. Without prejudice to the requirements of the Entities Concerned, the permit shall be +issued in the name of the beneficiary, and may only be used within the extent permitted. +It may neither be assigned nor transferred to Third Parties without a new permit in +accordance with the provisions of this Decree -Law and its Executive Regulations. +2. The permit holder may not act or hand over to a third party any item of goods set out in +article (2) hereof except by virtue of a new permit from the competent entity, as +described in the Executive Regulations of this Decree -Law. + +Federal Decree- Law No. ( 43) of 2021 o n the Goods Subject to Non -Proliferation 6 + " +security and safety,Federal Decree-Law No. (43) of 2021 On the Goods Subject to Non-Proliferation,"Article (7) +Permit Revocation Cases +1. The competent entity may revoke the permit in any of the following cases: +a. If it is established that the circulation of the item of goods for which the permit has +been granted is detrimental to safety, public health, environment, natural resources +or national security. +b. If the circulation of the goods for which the permit has been issued is prohibited or +restricted. +c. If the permit is used for any purpose other than the intended purpose thereof. +d. If the permit is issued based on fraud, misinterpretation or documents or information +contrary to the facts. +e. If the permit issued in the name of a particular holder is used by a different person. +f. If the permit holder is listed on the international ban or sanctions lists. +2. The permit shall be considered revoked if any deletion or alteration occurs to it. + +" +security and safety,Federal Decree-Law No. (43) of 2021 On the Goods Subject to Non-Proliferation,"Article (8) +Grievance against the Competent Entity's Resolutions +Grievances may be filed against the competent entity's resolutions issued in implementation of the provisions of this Decree -Law and its Executive Regulations, not later than (7) seven +working days of the date of becoming aware of the resolution in question, in accordance +with the procedures described in the Executive Regulations of this Decree -Law. The +resolution issued on the grievance shall be final, and the Grievant shall be notified of it. In all +cases, the action filed with the court to revoke the resolution may only be admitted after a grievance has been filed. + +" +security and safety,Federal Decree-Law No. (43) of 2021 On the Goods Subject to Non-Proliferation,"Article (9) +Prohibited Acts +1. No person may carry out any of the following acts unless and until a permit is obtained beforehand: +Federal Decree- Law No. ( 43) of 2021 o n the Goods Subject to Non -Proliferation 7 + a. Circulate any of the goods stipulated in article (2) hereof. +b. Deliver, transfer, publish, leak or share any document or device related to any of the +goods stipulated in article (2) hereof. +2. Notwithstanding the provisions of Clause (1) of this Article, it shall be prohibited for any +person to circulate any item of goods listed in the Goods Schedule, or to transport, +deliver, transfer, publish, leak or share any document or device related to any of such +goods, in the following cases: +a. If such a person has been notified by the competent entity that the underlying item +of goods, document or device will be involved or likely to be involved, in whole or in +part, in an activity related to any of the goods mentioned in article (2) hereof. +b. If the person is aware that the underlying item of goods, document or device will be involved or likely to be involved, in whole or in part, in an activity related to any of +the goods mentioned in article (2) hereof. +c. Any other cases described in the Executive Regulations of this Decree -Law. + +" +security and safety,Federal Decree-Law No. (43) of 2021 On the Goods Subject to Non-Proliferation,"Article (10) +Exceptions to article (9) +The following two cases shall be excluded from the scope of the provisions of article (9) +hereof: +1. If the information or documents are shared at the request of the judicial authorities in +the State. +2. If the information or documents are shared so as to enable a foreign government to +investigate or prosecute a foreign person in its country for a crime committed on its +territory, and such crime is related to any of the goods mentioned in article (2) hereof or +any of its documents, subject to the legislation in force in the State and according to the following conditions: +a. A decision shall be issued by the competent entity allowing the sharing of such information or documents. +b. Such information or documents may only be used for the purpose of investigation or +trial for which they have been requested. +Federal Decree- Law No. ( 43) of 2021 o n the Goods Subject to Non -Proliferation 8 + c. The foreign government undertakes not to violate the sovereignty, security or any +vital interests of the State, and to abide by any condition set by the State for the use +of such information or documents. + +" +security and safety,Federal Decree-Law No. (43) of 2021 On the Goods Subject to Non-Proliferation,"Article (11) +Prohibited Agreements and Contracts +It shall be prohibited for any person to carry out brokerage, negotiation or any other act to +facilitate the conclusion of the following contracts: +1. Contracts of ownership or disposition related to any of the following goods, if the person +knows or has good grounds to suspect that the contract will lead or is likely to lead to the transfer of goods from one country to another: +a. The goods mentioned in article (2) hereof. +b. The goods notified in writing to the person by the competent entity that they will be +used or are likely to be used, in whole or in part, in an activity related to the weapons +of mass destruction. +c. Goods the person knows that they will be involved, in whole or in part, in an activity related to the weapons of mass destruction. +d. Goods for which the person has reasonable grounds to suspect that they will be +involved or are likely to be involved, in whole or in part, in an activity related to the +weapons of mass destruction. +2. Contracts of ownership, disposition or publication of any document, device or +technology related to the following goods, if the person knows or has good grounds to +suspect that the contract will lead or is likely to lead to the transfer of the technology, +document or device from one country to another: +a. Goods mentioned in article (2) hereof. +b. Goods that are covered by a notice served in writing to the person by the competent +entity indicating that they will be involved or are likely to be involved, in whole or in part, in an activity related to the weapons of mass destruction. +c. Goods which the person knows that they will be involved, in whole or in part, in an activity related to the weapons of mass destruction. +Federal Decree- Law No. ( 43) of 2021 o n the Goods Subject to Non -Proliferation 9 + +" +security and safety,Federal Decree-Law No. (43) of 2021 On the Goods Subject to Non-Proliferation,"Article (12) +Exceptions to article (11) +The following shall be excluded from the scope of article (11) hereof: +1. Any act that occurs by a person holding a permit from the competent entity, and is +related to any of the goods mentioned in article (2) hereof. +2. Any act that has been approved by the competent entity in relation to any of the goods +stipulated in Paragraphs (B, C, D) of Clause (1) of article (11) hereof, or is related to any +technology, document or device in accordance with Clause (2) of article (11) hereof. + +" +security and safety,Federal Decree-Law No. (43) of 2021 On the Goods Subject to Non-Proliferation,"Article (13) +Obligations of the Permit Holder +The permit holder shall: +1. Maintain the records related to the permit, as specified by the Executive Regulations of this Decree- Law. +2. Provid e the competent entity with any documents or information it requests in respect +of the permit and the method or manner for using it, +3. Present the records and any documents or papers kept whenever requested to do so by +the competent entity or the judicial officer, provided that the same is documented in the +records, documents or papers that have been reviewed. + +" +security and safety,Federal Decree-Law No. (43) of 2021 On the Goods Subject to Non-Proliferation,"Article (14) +Seizure of Goods +The competent entity may seize any item of goods not listed in the Goods Schedule whenever it has sufficient evidence to suspect that it is being used for a related activity or +that the end user is included in the lists of national or international sanctions. The Executive +Regulations of this Decree shall determine the rules and controls for implementing the +provisions of this Article, including the provisions related to the comprehensive seizure and +inspection, in coordination with the Entities Concerned. +Federal Decree- Law No. ( 43) of 2021 o n the Goods Subject to Non -Proliferation 10 + " +security and safety,Federal Decree-Law No. (43) of 2021 On the Goods Subject to Non-Proliferation,"Article (15) +Controls for Circulating Restricted and Hazardous Items +Without prejudice to the legislation in force in the State, the competent Entity shall issue a +permit for the circulation of the restricted items, which are listed in the Goods Schedule, +from the Weapons and Hazardous Substances Office, based upon the application submitted +by the licensing entity of the business, in accordance with the controls and procedures +specified by the executive regulations of this Decree -Law. + +" +security and safety,Federal Decree-Law No. (43) of 2021 On the Goods Subject to Non-Proliferation,"Article (16) +Reporting Illegal Trade in Goods +The competent entity may decide that a financial reward be disbursed to anyone who reports or provides information about the illegal trade in the goods subject to this +Decree- Law, whenever his report leads to its disclosure, in accordance with the rules and +controls laid down by a resolution of the Cabinet, based on a proposal from the competent +entity. + +" +security and safety,Federal Decree-Law No. (43) of 2021 On the Goods Subject to Non-Proliferation,"Article (17) +Penalties +The imposition of the penalties stipulated herein shall not prejudice any more severe +penalty stipulated in any other law. + +" +security and safety,Federal Decree-Law No. (43) of 2021 On the Goods Subject to Non-Proliferation,"Article (18) +1. A penalty of imprisonment for a period of not less than one year and / or a fine of not less than (AED 100,000) one hundred thousand dirhams and not more than (AED +1,000,000) one million dirhams, shall be imposed on any person who commits any of +the following acts: +a. Violates any of the provisions of Articles (9) and (11) hereof. +b. Provides false or misleading information or documents containing false or incorrect +data in order to obtain a permit. +Federal Decree- Law No. ( 43) of 2021 o n the Goods Subject to Non -Proliferation 11 + c. Forges or modifies the permit. +2. The acts stipulated in item (1) of this Article are considered crimes against the security of +the State. +3. The penalty shall be doubled in case of recidivism. +4. In the event of conviction, the court shall decide to confiscate the goods involved in the +crime. +5. The court shall order the deportation of the foreigner after the execution of the sentence +imposed on him. + +" +security and safety,Federal Decree-Law No. (43) of 2021 On the Goods Subject to Non-Proliferation,"Article (19) +Whoever violates the provisions of article (13) hereof shall be punished with a fine of not less than (AED 50,000) fifty thousand dirhams and not more than (AED 200,000) two +hundred thousand dirhams. + +" +security and safety,Federal Decree-Law No. (43) of 2021 On the Goods Subject to Non-Proliferation,"Article (20) +1. Every legal person whose representative, manager or agent commits for its benefit or in +its name any of the crimes stipulated herein shall be punished with a fine of not less than +(AED 200,000) two hundred thousand dirhams and not more than (AED 2,000,000) two +million dirhams. +2. If the legal person is convicted, the court may decide to dissolve or close it down either +permanently or temporarily, or to close down any of its branches. + +" +security and safety,Federal Decree-Law No. (43) of 2021 On the Goods Subject to Non-Proliferation,"Article (21) +The attempt to commit any of the crimes stipulated in Item (1) of article (18) hereof shall be +punished with the full punishment for the crime. + +" +security and safety,Federal Decree-Law No. (43) of 2021 On the Goods Subject to Non-Proliferation,"Article (22) +Relief from Penalties +Any person who informs the judicial or administrative authorities of his knowledge of the +Federal Decree- Law No. ( 43) of 2021 o n the Goods Subject to Non -Proliferation 12 + crime before the execution of any of the offences set forth herein, and which leads to +detecting the crime before its occurrence or prevents it from being completed, shall be +relieved from the penalties stipulated herein. +If the report occurs after the detection of the offence, he may be relieved from the penalty in +whole or in part, if the offender enables the competent authorities, during the investigation, +to arrest the other crime perpetrators. + +" +security and safety,Federal Decree-Law No. (43) of 2021 On the Goods Subject to Non-Proliferation,"Article (23) +Judiciary Police +The employees of the competent entity who are designated by a resolution of the Minister +of Justice, in agreement with the competent entity, shall have the capacity of judicial officers +for detecting the violations of the provisions of this Decree -Law, its executive regulations +and the decisions issued in implementation thereof, within the scope of their respective competences. + +" +security and safety,Federal Decree-Law No. (43) of 2021 On the Goods Subject to Non-Proliferation,"Article (24) +Administrative Penalties and Violations +1. The competent entity may impose any of the following administrative penalties on the +permit holder in case that he violates any of the provisions of this Decree -Law, its +Executive Regulations or the decisions issued in implementation thereof: +a. Warning. +b. Revocation of the permit. +c. An administrative fine of not less than (AED 50,000) fifty thousand dirhams and not more than (AED 200,000) two hundred thousand dirhams. +d. Doubling the administrative fine when repeating the violation, provided that it does +not exceed (AED 400,000) four hundred thousand dirhams. +e. Permanent or temporary closure for a period not exceeding six months, after +coordination with the Entities Concerned. +2. None of the penalties provided for in Clause (1) of this Article shall be imposed unless and until the offender or his legal representative has been heard and his defence has +Federal Decree- Law No. ( 43) of 2021 o n the Goods Subject to Non -Proliferation 13 + been investigated in writing. If he has not been present, or if he is present but has not +shown any defence, the sanction may be imposed based on the papers established in the +file. +3. The imposition of the penalties stipulated herein shall not prejudice the imposition of +any of the administrative penalties stipulated in Paragraph (1) of this Article. +4. Based on the proposal of the competent entity, the cabinet may: +a. Amend the value of the administrative penalties set out in this Article. +b. Issue a table of the administrative violations and sanctions imposed according to this +Article. + +" +security and safety,Federal Decree-Law No. (43) of 2021 On the Goods Subject to Non-Proliferation,"Article (25) +Confiscation of Goods +The competent entity may confiscate the violating goods that are seized, in coordination +with the entities concerned, in the event that their owners fail to apply for their recovery, +flee or are unknown, and may dispose of them in accordance with the procedures and +controls described in the executive regulations of this Decree -Law. + +" +security and safety,Federal Decree-Law No. (43) of 2021 On the Goods Subject to Non-Proliferation,"Article (26) +Collecting a Percentage of the Proceeds of Confiscated Goods +The Cabinet may, based upon the proposal of the competent entity and after coordination +with the Ministry of Finance, issue a resolution to collect a percentage of the proceeds of the +sale of the violating goods that are seized by such entity, and for which a federal judicial +order or decision on confiscating the same has been issued. The resolution shall specify the percentage that shall devolve to such entity and the manner and requirements for the +disposition of the same. +The competent entity may agree with the entity concerned in any of the emirates of the State to transfer a percentage of the proceeds of the sale of goods for which a judgment is issued +for confiscating the same from the courts of the emirate concerned, in accordance with the +provisions hereof, whenever the seizure process was carried out through the competent +entity or based on its contributions. +Federal Decree- Law No. ( 43) of 2021 o n the Goods Subject to Non -Proliferation 14 + " +security and safety,Federal Decree-Law No. (43) of 2021 On the Goods Subject to Non-Proliferation,"Article (27) +Amendment of the Goods Schedule +The Cabinet or its designee may amend the goods schedule referred to herein, whether by +addition, deletion or replacement. + +" +security and safety,Federal Decree-Law No. (43) of 2021 On the Goods Subject to Non-Proliferation,"Article (28) +Fees +The Cabinet shall issue a resolution determining the fees necessary to implement the provisions hereof. + +" +security and safety,Federal Decree-Law No. (43) of 2021 On the Goods Subject to Non-Proliferation,"Article (29) +Executive Regulations +The Cabinet shall issue the executive regulations of this Decree -Law. + +" +security and safety,Federal Decree-Law No. (43) of 2021 On the Goods Subject to Non-Proliferation,"Article (30) +Repeals +1. Federal Law No. (13) of 2007 Concerning Goods Subject to Import and Export Control +shall be repealed. +2. Any provision that contradicts or goes against the provisions hereof shall be repealed. +3. The Committee for Goods Subject to Import and Export Control established in accordance with Federal Law No. (13) of 2007 referred to, and the Executive Office +thereof shall continue to exercise their powers until a Cabinet resolution is issued +specifying the competent entity, so that the Committee and the Executive Office shall +both be abolished upon the issuance of the aforementioned Cabinet resolution. +4. The competent entity shall, after the issuance of the Cabinet resolution, shall replace the Committee for Goods Subject to Import and Export Control and the Executive Office thereof in respect of all competences, legislation, rights, and financial and legal +obligations. All of their assets and property shall be transferred to such entity. +5. The regulations and decisions issued prior to the implementation of the provisions of the +Federal Decree- Law No. ( 43) of 2021 o n the Goods Subject to Non -Proliferation 15 + present Decree shall continue to be in full force and effect, without conflicting with its +provisions, until the regulations and decisions that replace them are issued in +accordance with the provisions hereof. + +" +security and safety,Federal Decree-Law No. (43) of 2021 On the Goods Subject to Non-Proliferation,"Article (31) +Publication and Entry into Force +This Decree -Law shall be published in the Official Gazette, and shall enter into force as of +the 2nd of January of 2022. + + +Khalifah Bin Zayed Al Nahyn +President of the UAE, + +Issued by Us at the Presidential Palace in Abu Dhabi: +On: 13 Safar 1443 AH. +Corresponding to: 20 September 2021 AD . + + " +security and safety,Cabinet Resolution No. (43) of 2024 Concerning the Treatment of Non-Resident Foreigners Arrested at UAE Ports with Narcotic Drugs or Psychotropic Substances in their Possession,"Article (1) +Scope of Application +1. For the purposes of applying the provisions of article (42 -bis) of Federal Decree -Law +No. (30) of 2021 , referred to hereinabove, the provisions of this Resolution shall apply +to a ny forei gner w ho is not resident in the St ate and who is arrested, when entering +the State from any lan d, sea or airport , with a ny narcotic or psychotropic substance set +out in the Schedule attached to this Resolution ; provided that their weight does not +exceed the weight shown next to each in the Schedule , for the purpose of abuse or +personal use in cond itions other than the legally permitted medical ones. Cabinet Resolution of 20 24 Concerning the Treatment of Non -Resident Foreigners Arrested at UAE Ports +with Narcotic Drugs or Psychotropic Substances in their Possession 2 + 2. If the seized quantity of the narcotic drugs or psychotropic substances set out in the +Schedule attached to this Resolution exceeds the weight shown next to each in the +Schedule , or are established to be in possession for the benefit of third parties , the +legal procedures and the penalties set forth in Federal Decree -Law No. (30) of 2021, +referred t o hereinabove, shall be applied to the accused . +3. In case of multiple narcotic drugs and psychotropic substances seized, as set forth in +Clauses (1, 2 and 3) of the attached Schedule, the weight of each one separately does +not exceed the weights a ssigned thereto in the Schedule attached to this Resolution, +the seized narcotic drugs and psychotropic substances shall be treated as one type for +the purpose of determining the seized quantity; provided that the total weight of the +quantity does not exce ed (100) one hundred grams. + +" +security and safety,Cabinet Resolution No. (43) of 2024 Concerning the Treatment of Non-Resident Foreigners Arrested at UAE Ports with Narcotic Drugs or Psychotropic Substances in their Possession,"Article (2) +Procedures for Dealing with Seizures +When arresting a person who is addressed by the provisions of this Reso lution, judicial +officers shall take any of the following actions : +1. Draw up a seizure report identifying the type and weight of the narcotic or +psychotropic substance . +2. Record data of the person who is arrested in the Un ified Criminal System . +3. Confiscate the seized substances and deliver them to the competent authority to be +destroyed, pursuant to the provisions of Federal Law No. (30) of 2021 , referred to +hereinabove; and +4. Refer the accused, the report, and the seized substances to the Public Prosecution for +instituting legal proceedings in this regard. + + + Cabinet Resolution of 20 24 Concerning the Treatment of Non -Resident Foreigners Arrested at UAE Ports +with Narcotic Drugs or Psychotropic Substances in their Possession 3 + " +security and safety,Cabinet Resolution No. (43) of 2024 Concerning the Treatment of Non-Resident Foreigners Arrested at UAE Ports with Narcotic Drugs or Psychotropic Substances in their Possession,"Article (3) +Penalties +1. A non -resident foreigner who is arrested , while entering the State from any land, sea +or airport , with a ny narcotic or psychotropic substance set out in Clauses (1, 2 and 3) +of the Schedule attached to this Resolution; provided that their weight does not +exceed the weight shown next to each in the Schedule, for the purpose of abuse or +personal use in conditions other tha n the legally permitted medical ones, shall be +subject to the following penalties: +a. A fine of not less than (AED 5,000) five thousand dirhams and not more than (AED +20,000) twenty thousand dirhams for a person arrested for the first time . +Moreover, this person shall be allowed to enter t he State only after paying the fine. +b. A fine of not less than (AED 10,000) ten thousand dirhams and not more than +(AED 30,000) thirty thousand dirhams for a person arrested for the second time . +Moreover, this person shall be deported from the State and tem porarily deprived +of entry into the State for (3) three years, as of the day following the deportation +date . He shall not be allowed to enter the State, except after paying the fine and +execut e the deprivation penalty . +c. A fine of not less than (AED 50,000) fifty thousand dirhams and not more than +(AED 100,000) one hundred thousand dirhams for a person arrested for the third +time . Moreover, this person shall be deported from the State and listed on the list +of persons permanently b anned from entering the State. +2. A non -resident foreigner who is arrested , while entering the State from any land, sea +or airport , with a ny narcotic or psychotropic substance set out in Clause (4) of the +Schedule attached to this Resolution; provided that their weight does not exceed the +weight shown next to each in the Schedule, for the purpose of abuse or personal use +shall be subject to a fine not less than (AED 50,000) fifty thousand dirhams a nd not Cabinet Resolution of 20 24 Concerning the Treatment of Non -Resident Foreigners Arrested at UAE Ports +with Narcotic Drugs or Psychotropic Substances in their Possession 4 + more than (AED 100,000) one hundred thousand dirhams , and shall be deported from +the State and listed on the list of persons permanently banned from entering the State. +3. In case of multiple narcotic drugs and psychotropic substance s seized , including any +narcotic or psychotropic substance set out in Clause (4) of the Schedu le attached to +this Resolution, the penalty prescribed in Clause (2) of this Article shall be applied. +4. Without prejudice to the periods of deprivation of entering the State, as set out in this +Resolution, a p erson who fails to pay the fine shall be listed on the list of persons +permanently banned from entering the State after departure , and the deprivation shall +remain in place until the payment of the fine . + +" +security and safety,Cabinet Resolution No. (43) of 2024 Concerning the Treatment of Non-Resident Foreigners Arrested at UAE Ports with Narcotic Drugs or Psychotropic Substances in their Possession,"Article (4) +Listing on the List of Persons Banned from Entering the State +The competent Publ ic Prosecution shall order that a person against whom a decision has +been issued to depriv e him of entering the State to be liste d on the list of persons banned +from entering the State in the Unif ied Criminal System upon departure, and on the +administrative list of the Federal Authority for Identi ty, Citizenship, Customs and Port +Security, as per the deprivation periods set forth in this Resolution . + +" +security and safety,Cabinet Resolution No. (43) of 2024 Concerning the Treatment of Non-Resident Foreigners Arrested at UAE Ports with Narcotic Drugs or Psychotropic Substances in their Possession,"Article (5) +Applying for Exemption from the Deprivation Decision +In all cases, a person against whom a decision of deprivation of entering the State may +apply , in person or through his legal representative, for exemption from the decision of +deprivation of entering the State before the competent authority after it is proved that he +has paid the fine, in accordance with the rules and procedures applicable in the legislation +in force in the State. + + Cabinet Resolution of 20 24 Concerning the Treatment of Non -Resident Foreigners Arrested at UAE Ports +with Narcotic Drugs or Psychotropic Substances in their Possession 5 + " +security and safety,Cabinet Resolution No. (43) of 2024 Concerning the Treatment of Non-Resident Foreigners Arrested at UAE Ports with Narcotic Drugs or Psychotropic Substances in their Possession,"Article (6) +Executive Resolutions +Attorneys general, each within his respective area of competence , may issue the necessary +resolutions and instructions to i mplement the provisions of this Resolution. + +" +security and safety,Cabinet Resolution No. (43) of 2024 Concerning the Treatment of Non-Resident Foreigners Arrested at UAE Ports with Narcotic Drugs or Psychotropic Substances in their Possession,"Article (7) +Publication and Entry into Force +This Resolution shall be published in the Official Gazette and shall enter into force after +(30) thirty days from the publication date thereof. + + + + + + + + + + + +Mohammed bin Rashid Al Maktoum +Prime Minister + +Issued by Us +Dated: 15th Shawwal 1445 A .H. +Corresponding to: 24th April 2024 AD Cabinet Resolution of 20 24 Concerning the Treatment of Non -Resident Foreigners Arrested at UAE Ports +with Narcotic Drugs or Psychotropic Substances in their Possession 6 + Schedule Attached to Cabinet Resolution No. (43) of 2024 +Concerning the Treatment of Non -Resident Foreigner s Arrested at UAE +Ports with Narcotic Drugs and Psychotropic Substances in their +Possession + +S.N Narcotic Drug / Psychotropic Substance Type Weigh/gm +1 a. Cannabis , cannabis resin and cannabis extracts +and color, as set forth in Clause (29) of +Schedul e (1), attached to Federal Decree -Law +No. (30) of 2021, referred to hereinabove. +b. Male or female cannabis with all different +names, such as Hashish, marijuana, violin, +Banjo (cannabinoids ) or other names given to +cannabis, as set forth in Clause (8 ) of Section II +of Schedule ( 4), attached to Federal Decree - +Law No. (30) of 2021, referred to hereinabove. +c. Tetrahydrocannabinol, as set forth in Clause +(34) of Schedul e (5), attached to Federal +Decree -Law No. (30) of 2021, referred to +hereinabove. +d. Dronabinol and Delta 9 -Tetrahydrocannabinol +and its alternative chemicals, as set forth in +Clause (4) of Schedule (6), attached to Federal +Decree -Law No. (30) of 2021, referred to +hereinabove. + + + + + + +Less than (100) grams +2 a. Catha edulis of all the types and names, as set +forth in Clause (9 ) of Section II of Schedule (4), + Cabinet Resolution of 20 24 Concerning the Treatment of Non -Resident Foreigners Arrested at UAE Ports +with Narcotic Drugs or Psychotropic Substances in their Possession 7 + attached to Federal Decree -Law No. (30) of +2021, referred to hereinabove. +b. Catha edulis leaves, as set forth in Clause (5 ) of +Section I of Schedule (4), attached to Federal +Decree -Law No. (30) of 2021, referred to +hereinabove. +Less than (100) grams +3 The narcotic drugs and psychotropic s ubstances +set forth in Schedules (3), (6), (7) and (8), attached +to Federal Decree -Law No. (30) of 202 1, referred +to hereinabove, excluding the ones mentioned in +Clause (1) of this Schedule. +Less than (50) grams or +(60) tablets , whichever is +lesser +4 The narcotic drugs and psychotropic substances +set forth in Schedules ( 1), (2) and (4) of (Sections I +& II) and Schedule (5), attached to Federal Decree - +Law No. (30) of 2021, referred to hereinabove, +excluding the ones mentioned in Clause s (1) and +(2) of this Schedule. +Less than ( 20) grams + + + + " +security and safety,Federal Law No. (9) of 2004 on Volunteering in Civil Defence,"Article (1) +In applying the provisions of this Law, the following words shall have the meanings ascribed +thereto, unless the context requires otherwise: +The State : The United Arab Emirates (UAE). +Ministry : Ministry of Interior. +Minister : Minister of Interior. +Directorate : General Directorate of Civil Defence. +Directorate : Every civil person applying as a volunteer to participate in civil defence +works, whether in case of peace, war, disasters or emergencies. +Volunteer : Every civil person applying as a volunteer to participate in civil defence +works, whether in case of peace, war, disasters or emergencies. + + + + + Federal La w of 2004 on Volunteering in Civil Defence 2 + " +security and safety,Federal Law No. (9) of 2004 on Volunteering in Civil Defence,"Article (2) +A volunteer shall fulfil the following requirements: +1. He shall be of good conduct. +2. He shall not be less than (16) sixteen years of age. +3. He shall be medically fit. + +" +security and safety,Federal Law No. (9) of 2004 on Volunteering in Civil Defence,"Article (3) +Volunteering shall be joined subject to an application to be submitted to Directors of General +Directorates of Civil Defence on the template prepared for this purpose and the Minister shall +issue a decision concerning such application. + +" +security and safety,Federal Law No. (9) of 2004 on Volunteering in Civil Defence,"Article (4) +A volunteer shall perform the following tasks and duties: +1. To help in firefighting. +2. To participate in rescuing and aiding injured and wounded persons and taking t hem to +the nearest treatment unit. +3. To participate in sheltering and evacuation operations for the victims and homeless +because of wars, disasters or other events, relieving and providing necessary services for +them. +4. To participate in the works of applicati on of preventive requirements, safety and +preventive education as well as increasing the morale of society members. +5. To report any strange and suspicious materials, such as explosives, bombs or any other +materials of possible danger. +6. To supervise and prepar e hangers and to guide individuals to its places. +7. To educate society members with the importance of civil defence and encourage them to +join as volunteers. +8. Any other duties assigned to the volunteer in cases of peace, war, disasters, emergencies +or any oth er events. +9. The role of the female volunteer shall be confined to any work that fits her nature and +does not contradict with the provisions of Islamic Sharia. Federal La w of 2004 on Volunteering in Civil Defence 3 + +" +security and safety,Federal Law No. (9) of 2004 on Volunteering in Civil Defence,"Article (5) +Training courses shall be prepared for volunteers, and the Directorate shall determin e the type +and periods of such courses. + +" +security and safety,Federal Law No. (9) of 2004 on Volunteering in Civil Defence,"Article (6) +1. A volunteer shall promptly be absent from his original work in cases of peace, war, +disasters, emergencies or any other events whenever he is called by the Directorate. Salary +or wage the volunteer colle cts from his original work shall continue to be released if the +volunteer is an employee at federal or local government entities or if he works in the +private sector. +2. A non -employee shall be granted a remuneration if the period of using his volunteer work +exceeds 24 hours for each case he is called for volunteer service. Remuneration shall be +determined by the committee stipulated in the aforementioned Federal Law No. (3) of +1979. +3. The Directorate shall provide the needs of the volunteer, including food, clothes and +treatment during his volunteer work. +4. The Directorate shall provide an appropriate means of transport for the volunteer when +he is called for a duty if he lives outside the operations area. +5. Period of volunteering shall be calculated within the actual service of the volunteer at his +original employer. +6. The Directorate may grant the volunteer who achieves heroic, brave and distinguished +acts during his volunteer work medals, certificates of appreciation and incentive rewards. + +" +security and safety,Federal Law No. (9) of 2004 on Volunteering in Civil Defence,"Article (7) +With out prejudice to provisions decided in Islamic Sharia and legislations applicable in the State, +a decision shall be issued by the Minister to determine the value of compensation to be given in +case of the volunteer's injury or death during or because of th e volunteer work. + + Federal La w of 2004 on Volunteering in Civil Defence 4 + " +security and safety,Federal Law No. (9) of 2004 on Volunteering in Civil Defence,"Article (8) +The volunteer shall abide by the following: +1. Respond to the call of the Directorate and arrive quickly to the area where the volunteer +is called any time he is required to do so. +2. Not to abandon the work assigned to him or refuse to proceed without an acceptable +excuse. +3. Not to tell any statement to media without a prior permission from the Directorate. +4. Not to make any actions that are in odd with public conduct. +5. Not to disclose any confidential matter due to its nature or s ubject to regulations and by - +laws of Civil Defence. +6. Keep all tools, equipment and devices the volunteer delivers as a trust and to return the +same promptly upon leaving the service, and shall report in case any of these tools, +equipment or devices is damag ed or lost. +7. Notify the Directorate with any change that occurs in his details such as his name, +nationality, address or phone number and other basic details. +8. Maintain the confidentiality of secrets and privacy of persons who receive the required +help while previewing their privacy peculiarities pursuant to the values, habits and +traditions. + +" +security and safety,Federal Law No. (9) of 2004 on Volunteering in Civil Defence,"Article (9) +A volunteer shall be deemed, subject to this law, a public service person with respect to all works +of civil defence assigned to the volunteer. + +" +security and safety,Federal Law No. (9) of 2004 on Volunteering in Civil Defence,"Article (10 ) +A volunteer shall be released from his volunteer work for one of the following reasons: +1. Crippling disease. +2. Permanent disability. +3. Residency expiration in the State. Federal La w of 2004 on Volunteering in Civil Defence 5 + 4. To be punished with a freedom -restricting penalty in a felony or misdemeanour, +misdemeanour violating honour, trust or a crime against the external or internal security +of the State. +5. If the volunteer expresses his desire in writing to be exempted and the Directorate accepts +such request. +" +security and safety,Federal Law No. (9) of 2004 on Volunteering in Civil Defence,"Article (11) +A special item in t he budget of the Ministry shall be created to cover the expenses required for +the execution of the provisions of this Law. + +" +security and safety,Federal Law No. (9) of 2004 on Volunteering in Civil Defence,"Article (12) +A volunteer shall be subject to provisions of the Regulation that will be issued by the Minister +with respect to discip line and investigation of violations and related penalties. + +" +security and safety,Federal Law No. (9) of 2004 on Volunteering in Civil Defence,"Article (13) +The Minister shall issue the Regulations and Resolutions necessary to apply the provisions of this +Law. + +" +security and safety,Federal Law No. (9) of 2004 on Volunteering in Civil Defence,"Article (14) +Any provision that violates or contradicts the provisions of thi s Law shall be repealed. + +" +security and safety,Federal Law No. (9) of 2004 on Volunteering in Civil Defence,"Article (15) +This Law shall be published in the Official Gazette and shall enter into force as of the date of its +publication. + +Zayed Bin Sultan Al Nahyan +President of the United Arab Emirat es + +Issued by Us at the Palace of the Presidency in Abu Dhabi: +On: 08 Rabi' I 1425 H +Corresponding to: 27 April 2004 AD " +security and safety,Federal Decree Law No. (23) of 2006 Concerning the Civil Defense,"Article (1) +Definitions +For the purpose of this law and unless otherwise required by the text, the following words and +expressions shall have the meanings assigned thereto: +Country : The United Arab Emirates +Emirate : Any of the Country's emirates. +Area : A part of an Emirate. +Ministry : Ministry of Interior. +Minister : Minister of Interior. +Undersecretary : Ministry Undersecretary +Federal Law of 2006 Concerning the Civil Defense 2 + Department : Department of Civil Defense +Council : Civil Defense Council +Chairman : Chairman of the Council. +Concerned +Authorities : Any governmental or non governmental authority that takes part in +providing support to the civil Defense to face the Dangers and Disasters. +General +Department : General Department of Civil Defense . +General +Director : General Director of Civil Defense . +Subdivisions : Subdivisions of the civil Defense established in the different areas of the +Country. +Head of Civil +Defense +Department : Head of Civil Defense Department at the Emirate or Area. +Civil Defense +Procedures : The procedures and measures adopted by the Department to safeguard +the lives, properties, utilities, public and private projects and national +resources. +Civil Defense : The procedures and measures adopted by the Department to safeguard +the lives, properties, utilities, public and private projects and national +resources. +Disaster : Any natural or unnatural occurrence that expectedly or unexpectedly +takes place and threat ens lives, causes losses to properties or +environment or hinders the progress of life. Such occurrence can not be +faced by normal means of emergency and requires unification of efforts. +Dangers : Any severe occurrence that has taken place or that is expected to take +place and for facing which, the Department shall be ready. +Public Alarm : A public call on the military and civil staff and volunteers working in the +Department to be ready to face the Disaster. + +Volunteer : A civilian who voluntarily participates in the civil Defense operations in +times of war and peace and in emergencies and Disasters. + + +" +security and safety,Federal Decree Law No. (23) of 2006 Concerning the Civil Defense,"Article (2) +The Department is a regular civil authority in charge of taking all actions and initiating all works +that guarantee the protection of lives, properties and national wealth resources in times of war +and peace and in emergencies and Disasters. The military staff of the Department shall be subject +Federal Law of 2006 Concerning the Civil Defense 3 + to the laws regulating the Police and Security Forces. The civil staff however shall be subject to +the laws regulating the civil service in the Federal Government. +The Ministe r shall head the Department and may have the right to supervise and control the work +progress therein. + +Second Section: Formation of the Civil Defense Department +" +security and safety,Federal Decree Law No. (23) of 2006 Concerning the Civil Defense,"Article (3) +The Department shall consist of: +First: + The Council + +Second: + General Department and Subdivisions + +Third: + Local Committees of Civil Defense + +Fourth: + The Volunteers + + +" +security and safety,Federal Decree Law No. (23) of 2006 Concerning the Civil Defense,"Article (4) +The Council +1. The Council shall consist of: +• The Minister, Chairman +• The Undersecretary, Member +• Undersecretary of the Ministry of Education, Member +• Undersecretary of the Ministry of Public Works, Member +• Undersecretary of the Ministry of Energy, Electricity & Water Sector, Member +• Undersecretary of the Ministry of Labour, Member +• Undersecretary of the Ministry of Trade and I ndustry, Member +• Undersecretary of the Ministry of Health, Member +• Undersecretary of the Ministry of Culture, Youth and Community Development, Member +• Undersecretary of the Ministry of Environment and Water, Member +• Undersecretary of the Ministry of Economy, M ember +• A representative from the General Commandership of Armed Forces, Member +• A representative from the National Transport Authority, Member +• General Secretary of Municipalities, Member +• General Director of the Federal Environmental Agency, Member +• Chairman o f the Red Crescent Society, Member +• The General Director of Civil Defense , Member +Federal Law of 2006 Concerning the Civil Defense 4 + 2. The Undersecretary shall replace the Chairman in case of his absence. + +" +security and safety,Federal Decree Law No. (23) of 2006 Concerning the Civil Defense,"Article (5) +1. The Council shall meet at least once every six months upon an invitation by the Chairman. +The Council may convene a meeting in emergencies upon a request by the Chairman or the +majority of members. A meeting shall be valid if the majority of members are present. The +Council decisions shall be adopted by majority of present votes. In c ase of equality if votes, +the Chairman of the session shall have a casting vote. +2. The Council may seek the assistance of experts and specialists as it deems fit without that they +have countable votes. + +" +security and safety,Federal Decree Law No. (23) of 2006 Concerning the Civil Defense,"Article (6) +The Council shall have a general secretari at to be in charge of organizing the administrative and +technical issues. The formation and jurisdictions of such secretariat shall be decided upon a +resolution by the Chairman. + +" +security and safety,Federal Decree Law No. (23) of 2006 Concerning the Civil Defense,"Article (7) +The Council shall be in charge of the following: +1. To take part in setting the general policy of civil Defense . +2. To approve and follow up with the plans and projects required for the implementation of the +general policy of civil Defense . +3. To determine the duties and responsibilities of Concerned Authorities in relation to the civil +Defense . +4. To approve the conditions and specifications of constructing the public and private shelters. +5. To identify the cities and areas where all or some civil Defense procedures are applied and to +set the priority of implementatio n in emergency cases. +6. To approve the draft annual budget of the General Department before submission to the +Ministry for approval. +7. To cooperate and coordinate with the departments of free zones in the Country concerning +the conditions of safety and security therein. +8. To recommend the declaration of a Disaster to the President of the Country. +9. To adopt the proper decisions in relation to the potential Dangers and the way of facing +thereof in view of the results and recommendations submitted by the Local Committees of +Civil Defense . +10. Any other duties as assigned by the Cabinet within the jurisdiction of civil Defense . + + +Federal Law of 2006 Concerning the Civil Defense 5 + " +security and safety,Federal Decree Law No. (23) of 2006 Concerning the Civil Defense,"Article (8) + General Department and Subdivisions +The General Department and Subdivisions shall be responsible to carry out the procedures and +works stated herein, to implement the civil Defense procedures, take all necessary precautions +and to avoid and mitigate the Dangers in collaboration and coordination with the Concerned +Authorities and shall in particular be in charge of the following : +1. To suggest the general policy of civil Defense . +2. To prepare and follow up with the plans and projects required for the implementation of the +general policy of civil Defense . +3. To set the conditions and specifications of constructing the public and private shelters. +4. Any other duties as assigned by the Council within the jurisdiction of civil Defense . + +" +security and safety,Federal Decree Law No. (23) of 2006 Concerning the Civil Defense,"Article (9) +Local Committees of Civil Defense +1. A local committee of civil Defense shall be formed in each Emirate or areas as follows: +• The representative of the Ruler, Chairman +• General Director of Police, Member +• General Director of Civil Defense , Member +• General Director of Municipality, Member +• Director of the Medical Territory, Member +• Director of the Educational Territory, Member +• Director of Labour Office, Member +• Director of the Territory set in the Ministry of Energy, Electricity & Water Sector, Member +• Director of the Electricity and Water Authority in the concerned Emirate, Member. +• Director of the Agricultural Territory, Ministry of Environment and Water, Member +• Head of the Office of the Ministry of Public Works, Member +• A representative from the communication companies and corporations, Member +• Director of Emirates Telecommunications A uthority Branch, Member +• A representative from the General Commandership of Armed Forces, Member +• Director of the Office of the Ministry of Economy, Member +• Director of the Red Crescent Branch, Member +2. The Director of Police in the Emirate or Area shall replace the Chairman of the Committee in +case of his absence. + +" +security and safety,Federal Decree Law No. (23) of 2006 Concerning the Civil Defense,"Article (10) +1. The Committee shall meet at least once every three months upon an invitation by the +Chairman in the venue set by the Chairman or, if possible, in the Disaster place. A meeting +Federal Law of 2006 Concerning the Civil Defense 6 + shall be valid if the majority of members are present. The Council decisions sha ll be adopted +by majority of present votes. In case of equality if votes, the Chairman of the session shall have +a casting vote. A civil Defense officer shall take the office of secretary general of the +Committee. +2. The Committee may seek the assistance of e xperts and specialists as it deems fit without that +they have countable votes. + +" +security and safety,Federal Decree Law No. (23) of 2006 Concerning the Civil Defense,"Article (11) +The Local Committees of Civil Defense shall be in charge of the following: +1. To implement the plans and projects of civil Defense . +2. To regularly study the potential Dangers, suggest ways of facing such Dangers and submit the +study results and recommendations to the Council to take necessary decision. +3. To take all necessary actions and measurements to achieve the purposes of civil Defense . +4. To create awareness among the community members and urge them to participate in civil +Defense operations as volunteers. +5. To manage the operation rooms and centers to follow up with the progress of Disasters and +supervise the measures and actions adopted in such cases. + +" +security and safety,Federal Decree Law No. (23) of 2006 Concerning the Civil Defense,"Article (12) +Civil Defense Procedures +The Civil Defense procedures shall include in particular: +1. To study the possible Dangers and Disasters and set the plans necessary for management of +such Dangers and Disasters. +2. To prepare the preventive programs against the possible Dangers and Disasters and their +requirements. +3. To prepare the necessary plans for the management of Dangers and Disasters in emergencies. +4. To establish and furnish emergency management rooms and centers. +5. To set a Public Alarm sy stem against possible Dangers. +6. To set evacuation plans in emergencies. +7. To establish public shelters and supervise the establishment of private shelters in the +buildings, institutions and refuge places and to provide medical and social care to the afflicted +ones. +8. To prepare and procure the equipment, machines and tools necessary for the civil Defense +operations. +9. To form the necessary teams who shall carry out the aid and relief works in the afflicted areas. +10. To prepare the training programs and joint imaginar y exercise for the civil Defense personnel, +volunteers and civilians. +Federal Law of 2006 Concerning the Civil Defense 7 + 11. To set the awareness programs and keep the Media aware of their duties in emergencies. +12. To monitor the Dangers of radiation, chemical and biological pollution in times of war and +peace an d to take the necessary actions in coordination with the Concerned Authorities. +13. To coordinate the mutual assistance among the emirates of the Country in relation to the civil +Defense . +14. To establish assistance and support centers and identify their duties to enhance the civil +Defense services at the national, regional and international level. A resolution by the Cabinet +shall be issued in this regard. +15. To contribute in rehabilitating the afflicted areas and provide new public and private utilities +in the affli cted areas. + +" +security and safety,Federal Decree Law No. (23) of 2006 Concerning the Civil Defense,"Article (13) +Upon a suggestion by the Council, the Chairman shall adopt the necessary decisions to +implement the civil Defense procedures and measures to be taken by the Concerned Authorities. + +" +security and safety,Federal Decree Law No. (23) of 2006 Concerning the Civil Defense,"Article (14) +In cases of emergency, Disasters and danger, the Chairman may issue a resolution to confiscate +the properties, assets and vehicles of others to the extent required for the im plementation of civil +Defense procedures and operations provided that the confiscation is for a temporary period and +against a fair compensation. + +" +security and safety,Federal Decree Law No. (23) of 2006 Concerning the Civil Defense,"Article (15) +For the purpose of implementation of the Civil Defense operation, the General Department and +Subdivisions shall have the right to use the properties and installations against a fair +compensation in case of any damage resulting from such use. The owner, occupant or user of a +property or an installation shall not take any action against such right. + +Fourth Section: Cooperation and Coordination +" +security and safety,Federal Decree Law No. (23) of 2006 Concerning the Civil Defense,"Article (16) +The Department may coordinate with the Armed Forces upon a resolution by the Minister in +agreement with the Minister of Defense in the following issues: +1. The duties of the Armed Forces in delivering the alarm. +2. The bases of cooperation between the Armed Forces and Civil Defense . +3. To identify the statistical data and information provided by the Armed Forces and the way of +providing such data and information in wartimes. +4. To carry out the operations and in structions of civil Defense in the camps and units of Armed +Forces. +Federal Law of 2006 Concerning the Civil Defense 8 + +" +security and safety,Federal Decree Law No. (23) of 2006 Concerning the Civil Defense,"Article (17) +The General Department and Subdivisions shall cooperate with the concerned departments to +prepare and coordinate the medical, social, engineering, administrative, police, armed forces and +other services necessary to face the possible Dangers. + +" +security and safety,Federal Decree Law No. (23) of 2006 Concerning the Civil Defense,"Article (18) +The General Department and Subdivisions shall coordinate with the authorities that have interior +security and safety departments particularly the oil companies and airports to organize the means +of support by the civil Defense to such authorities upon request. + +" +security and safety,Federal Decree Law No. (23) of 2006 Concerning the Civil Defense,"Article (19) +All the Concerned Authorities shall provide the General Department and local committee with all +the requested information, data or services to implement the works and procedures of civil +Defense . + +" +security and safety,Federal Decree Law No. (23) of 2006 Concerning the Civil Defense,"Article (20) +The authorities identified upon a resolution by the Minister shall appoint or assign experienced +personnel to be responsible for all matters related to the implementation of the fire prevention +and building safety requirements in their buildings, to set and implement the internal plans of +facing the possible Dangers in the installation and to evacuate the occupants in collaboration and +coordination with the General Department and Subdivisions. + +" +security and safety,Federal Decree Law No. (23) of 2006 Concerning the Civil Defense,"Article (21) +The authorities in charge of issuing building or installation licenses shall not issue such li censes +unless the concerned person submits an official certificate issued by the concerned Department +of civil Defense stating that the building or installation meets the safety and security +requirements. + +Fifth Section: Financial System +" +security and safety,Federal Decree Law No. (23) of 2006 Concerning the Civil Defense,"Article (22) +The S tate shall bear the costs of implementing the procedures, plans and projects of civil Defense . +A fund shall be assigned for the Civil Defense Department in the general budget of the State. +The Minister may disperse from such funds in cases of emergencies o r Disasters. + +" +security and safety,Federal Decree Law No. (23) of 2006 Concerning the Civil Defense,"Article (23) +1. The State shall fairly indemnify all those afflicted by the civil Defense experiments or +Federal Law of 2006 Concerning the Civil Defense 9 + operations provided that the afflicted persons claim the indemnification within sixty days as +of the date of occurrence of the damage unless the failure to claim is beyond their control. +2. Upon a decision by the Chairman, an expert committee shall be formed to consider the +indemnification claim. The Committee shall issue its decision in such claims within sixty days +as of their submission date. +Without prejudice to the provisions of the civil liability stated in the Civil Transactions Code, +the concerned person may submit a grievance against the Committee decision within thirty +days as of the date of being notified of such decision. + +" +security and safety,Federal Decree Law No. (23) of 2006 Concerning the Civil Defense,"Article (24) +Upon a suggestion by the Minister, the Cabinet shall issue a table of charges to be collected from +the beneficiaries of the civil Defense services and a table of penalties applied in case of breach of +the provisions of this law and the resolutions issued in implementation thereof. + +" +security and safety,Federal Decree Law No. (23) of 2006 Concerning the Civil Defense,"Article (25) +The concerned ministries, authorities and public institut ions shall, after consultation with the +General Department, assign in their annual budget, the necessary funds under the item (civil +Defense ) to carry out the duties assigned thereto within their duties or services. + +" +security and safety,Federal Decree Law No. (23) of 2006 Concerning the Civil Defense,"Article (26) +In cases of emergencies or Disasters, the requirements of civil Defense may be purchased directly +without need of tenders. + + +" +security and safety,Federal Decree Law No. (23) of 2006 Concerning the Civil Defense,"Article (27) +The equipment, machines and tools imported for the General Department and Subdivisions shall +be exempted from all tax and custom duties. + +" +security and safety,Federal Decree Law No. (23) of 2006 Concerning the Civil Defense,"Article (28) +After the Minister's approval, the General Department may accept donations and contributions +for the civil Defense provided that such donations and contributions are not conditioned. + +Sixth Section: Penalties +" +security and safety,Federal Decree Law No. (23) of 2006 Concerning the Civil Defense,"Article (29) +Shall be punished with imprisonment for not more than six months or with the fine set in the +table issued by the Cabinet whoever breaches this law or the regulations and resolutions issued +in implementation thereof. +Federal Law of 2006 Concerning the Civil Defense 10 + In cases of Disasters, the penalty shall be imprisonment for not less than two months and a fine +of not less than AED (20000) twenty thousand and not more than AED (250000) two hundred +and fifty thousand or either penalty. + +" +security and safety,Federal Decree Law No. (23) of 2006 Concerning the Civil Defense,"Article (30) +Shall be punished with the penalty set in article (29) hereof whoever intentionally commits an +act or omission that may hinder or stop the machines and equipment installed for civil Defense +purpose. +If the act or omission is intentional, the perpetrator shall be charged the cost of damaged +machines and equipment or the cost of reinstallation. + +" +security and safety,Federal Decree Law No. (23) of 2006 Concerning the Civil Defense,"Article (31) +The penalties set out in t his law shall not affect any more severe penalties provided by any other +law. + +Seventh Section: Final Provisions +" +security and safety,Federal Decree Law No. (23) of 2006 Concerning the Civil Defense,"Article (32) +In cases of Disasters, every citizen shall be liable to provide any possible assistance to the civil +Defense to the extent requir ed. + +" +security and safety,Federal Decree Law No. (23) of 2006 Concerning the Civil Defense,"Article (33) +In cases of Disasters, the Minister may oblige certain authorities and those who exercise special +professions to stay in their positions to ensure the normal progress of daily life. + +" +security and safety,Federal Decree Law No. (23) of 2006 Concerning the Civil Defense,"Article (34) +The officers, non -commissioned officers and personnel of civil Defense shall have the capacity of +judicial officers for the implementation of the provisions of this law. + +" +security and safety,Federal Decree Law No. (23) of 2006 Concerning the Civil Defense,"Article (35) +The Minister shall issue the regulations and resolutions required for t he implementation of this +law. + +" +security and safety,Federal Decree Law No. (23) of 2006 Concerning the Civil Defense,"Article (36) +Any text in contradiction of the provisions of this law shall be repealed, and the Federal Law No. +(3) of 1979 referred to above shall be repealed. The regulations and resolutions issued for the +implementation of such law shall remain in force without prejudice to the provisions of this law +until the alterative regulations and re solutions are issued. +Federal Law of 2006 Concerning the Civil Defense 11 + +" +security and safety,Federal Decree Law No. (23) of 2006 Concerning the Civil Defense,"Article (37) +This law shall be published in the official gazette, and shall come into force three months from +the date of publishing thereof. + + + + + + + + + + + + + + + + + + + + + + + + + + +[Signed] +Khalifa Bin Zayed Al Nahyan +The President of United Arab Emirates + +Issued in the Presidential Palace in Abu Dhabi +On 14 Jumada Al -Akhera 1427 AH +Corresponding 9 July 2006 " +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (1) +In the application of the provisions of this law, the following words and phrases shall have the +meanings set forth against them respectively, unless otherwise provided herein: +State + : United Arab Emirates. + +Government + : Federal Government and Governments of The Emirates. + +Competent +Court : Federal Court and the courts of any Emirate of the State. + +Federal Law No. (7) of 2014 Combating Terrorism Crimes 3 + + +Competent +Prosecution + : Competent Prosecution in crimes relating to State Security Service. + + + Terrorist Crime + : Every act or abstain from doing any act by virtue of this law. It also +includes every act or abstain from doing any act represents a +misdemeanor or felony, by virtue of in any other law, if committed +for a terrorist purpose. + +Terrorist +Purpose + : The off ender's intention to act or abstain from doing any act; +deemed as unlawful, in order to cause a terrorist consequence, +whether directly or indirectly. It also includes the offender's +awareness that committing such act or abstaining from the same +may cause a terrorist consequence. + +Terrorist +Consequence + : Any act of terrifying people, threating their lives, causing physical +damage for the same, causing gross damage to any property or to +the environment. It also includes any breach to the security of local +or international community, any act taken against th e State, any +attempt to influence the work of public authorities in the State, or +in a foreign country or organization. Moreover, it includes any +privileges or liens granted by the State or by a foreign country or +organization. + +Terrorist : A group of two or more persons, acquires legal personality by +Federal Law No. (7) of 2014 Combating Terrorism Crimes 4 + + Organization virtue of law, or exists as a de facto. It commits, participates +directly, threatens, intends, plans, attempts, promotes or incites to +commit a terrorist crime; whatever the name of this group, i ts +status, the place where it locates, exists or practices its activity; or +the nationality of its members or their places of residence. + + Terrorist + : Every person belongs to a terrorist organization, and commits, +participates directly, threatens, intend s, plans, attempts, promotes +or incites to commit a terrorist crime. + +Conventional +Weapons + : Firearms, Ammunitions and Explosives provided in applicable +Laws concerning the same. + +Nonconvention +al Weapons + : Any device designed or prepared to cause death or serious harm to +humans or other organisms, or destruction to properties, or harm +to the environment. It also includes any attempt to disseminate, +launch or spread any of the following: +1. Toxins or Toxic Ch emicals. +2. Pathogenic Biological Agents. +3. Radiation and Radioactivity. +This definition shall be applicable to constituent parts and +materials that enter into manufacturing of Nonconventional +Weapons as well as machinery, tools, or equipments that are us ed +in manufacturing, preparing, processing, releasing or launching the +same. +Federal Law No. (7) of 2014 Combating Terrorism Crimes 5 + + +Internationally +Protected +Persons + : 1. Kings and heads of ot her countries, including any member in the +assembly that performs the duties of the head of state under the +constitution of the same. This definition also includes heads of +governments, foreign ministers and their accompanying families, +during their existe nce in the State. +2. Public officials or representatives of other countries or any +intergovernmental organization during the period specified for +their protection, under international law, as well as their +accompanying families. + +Nuclear, +Chemical or +Biol ogical +Facilities : Includes any nuclear reactor, any facility or means of transport +used for producing, storing, processing, using, handling, +transferring or disposal of radioactive materials, toxins, toxic +chemicals or pathogenic biological agents. + +Fun ds + : Assets whatsoever their nature is, whether material or immaterial, +moveable or immoveable; including national currency, foreign +currencies, documents and instruments proving acquisition of +these assets or any right related thereof; whether in electro nic or +digital form. + +Proceeds + : Any property, directly or indirect ly, gained from or related to +commission of any of the offences provided herein; and any +interests, dividends or other revenues arising or generated from +Federal Law No. (7) of 2014 Combating Terrorism Crimes 6 + + the same. + +Freezing + : Temporary restriction on the legal and physical disposal of +property, imposed by virtue of an order by Central Bank, Attorney +General or the competent court, in pursuance of the provisions of +this law. + +Forfeiture + : Expropriation of property in the interest of the public treasury by a +judgment. + +Financial +Institutions + : Banks, finance companies, exchange establishments, financial and +cash brokers or any other financial institution, whether publicly or +privately poss essed, licensed by Central Bank to carry on business +within the State. + +Other Financial, +Commercial and +Economic +Institutions + + + : Establishments licensed and monitored by authorities other than +Central Bank; such as insurance establishments and security +markets .... etc. +Counseling +Centers + : Administrative departments that aim to guide and reform +dangerous terrorist or those convicted of committing terrorist +crimes. +Federal Law No. (7) of 2014 Combating Terrorism Crimes 7 + + Chapter Two + Scope of Application +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (2) +The pro visions of this law shall be applicable on the crimes set forth herein, as well as the +misdemeanors and felonies set forth in any other law if committed for a terrorist purpose. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (3) +1. provisions of this law shall be applicable to every person who commits a crime of +terrorism outside the State , in any of the following cases: +a. If a crime has been committed against the State , or one of its citizens , employees , +authorities , public funds or public facilities abroad, including embassies , co nsulates , +missions or affiliate offices. +b. If a crime has been committed for the purpose of influencing the State's sovereignty +or enforce the same to act or abstain from taking a specific action. +c. If a crime has been committed on board of one of the State's means of transport, +whether register ed in the same or carrying its flag. +d. If a crime has been prepared for commission in the territory of the State. +2. The provisions of this law shall be applicable to every foreigner found in the territory of +the State after committing one of the offens es set forth herein against other country, or +one of the offences contained in an effective international agreement in which the State +is a party. Such provisions shall be applicable in the event that such foreigner has not been +extradited. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (4) +Unless otherwise specifically provided in this chapter, the provisions of Penal Code shall be +applicable in respect of this law entry into force in terms of time, place and persons. + + +Federal Law No. (7) of 2014 Combating Terrorism Crimes 8 + + Section Two +Terrorist Crimes and Penalties +Chapter One + Crimes of Terrorist Activities +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (5) +1. Whoever unlawfully seizes any air, land or water mean of transport, for a terrorist purpose, +shall be punished by life imprisonment. +2. The penalty shall be death or life imprisonment if such criminal act, mentioned in +preceding clause, resulted in an injury to any person, or if the offender resists public +authorities, by force or violence, while performing their duties in restoring such seized +conveyance. +3. The penalty shall be death if such criminal ac t resulted in death of any person. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (6) +1. Whoever deliberately damages, malfunctions, causes risk to any air, land or water mean +of transport, or hindered their services, for a terrorist purpose, shall be punished by life +imprisonment. +2. The penalty shall be death or life imprisonment if such c riminal act, mentioned in +preceding clause, resulted in an injury to or death of any person. +3. The penalty shall be death if such criminal act resulted in death of any person. +4. The offender should be sentenced to a fine equal to twice the value of d amaged assets or +things. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (7) +1. Whoever manufactures, prepares, furnishes, imports, exports, gets in or out the State, +processes, acquires or deals in nonconventional weapons, or transfers, or attempts to +transfer the same via mail, or any mean s of transport, for a terrorist purpose, shall be +punished by life imprisonment. +2. Whoever embezzles or steals nonconventional weapons or attempts to obtain the same +Federal Law No. (7) of 2014 Combating Terrorism Crimes 9 + + through using force, threat, deception, fraud or extortion, for a terrorist purpose, shall be +punished by life imprisonment. +3. Whoever attempts to use nonconventional wea pons, for a terrorist purpose, shall be +punished by death or life imprisonment . In the case that the offender uses such nonconventional +weapons, the penalty shall be death. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (8) +Whoever uses nonconventional weapons, whether nuclear, chemical or bi ological facility; or +causes damage to the same in a way that would release radiation, radioactivity, toxins, toxic +chemicals or pathogenic biological agents, for a terrorist purpose, shall be punished by death +or life imprisonment. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (9) +Whoever a ttempts, intends or threatens the safety of President of the State, his Deputy, one +of the members of Supreme Federal Council, their crown princes, their deputies or members +of their families; or deliberately exposes their lives or freedom to risk, for a t errorist purpose, +shall be punished by death. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (10) +Whoever attempts or resorts to violence or threats of the same to enforce President of the +State, his Deputy, one of the members of Supreme Federal Council, their crown princes, their +deputies to act or abstain from making an act lies within their jurisdic tion, shall be punished +by life imprisonment. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (11) +Whoever attempts or resorts to violence or threats of the same to enforce Prime Minister, one +of his deputies, one of the ministers, Head of Federal National Council, one of the members +of the same or a member of the judiciary to act or abstain from making an act lies within their +jurisdiction, shall be punished by life imprisonment. + +Federal Law No. (7) of 2014 Combating Terrorism Crimes 10 + + " +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (12) +1. Whoever attempts or threatens the safety of one of the Internationally Protected Persons, +for a terrorist purpose, shall be punished by life or provisional imprisonment. In the case +that the offender commits such crime, the penalty shall be life imprisonment. +2. Whoever commits an assault on the official residence, domicile or means of transport +pertaining to an Internationally Protected Person, for a terro rist purpose, shall be punished +by life or provisional imprisonment. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (13) +1. Whoever abducts, seizes or detains a person, or imprisons the same as a hostage, or +deprives the same of his/her freedom by any way, for a terrorist purpose, shall be +punished by life or provisional imprisonment for a term not less than seven years. +2. Penalty shall be death or life imprisonment in the following cases: +a. If such crime has been committed via assuming public personality, claiming to be +commissioned with a public service or assuming false identity. +b. If such crime has been committed via resorting to deception, violence, threat of death, +grave harm or acts of physical or mental torture. +c. If such crime has been committed by two or more persons or by a person carrying a +weapon. +d. If the period of abduction, arrest, seizure or deprivation of freedom exceeds twenty - +four hours. +e. If the victim is a fema le. +f. If the victim is a minor, insane, imbecile or disabled. +g. If such crime has been committed by assaulting on a public officer while performing +his duties or because of the same. +h. If the offender uses violence to deter public authorities while releasing a hostage. +i. If such act results in wounds or injuries to a person. +3. The penalty shall be death if such act results in the death of a person. +4. Whoever conceals an abducted person, despite of being aware of such abduction, shall be +sentenced with the same punishment of the original doer. +Federal Law No. (7) of 2014 Combating Terrorism Crimes 11 + + " +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (14) +Whoever commits an act or abstains from making an act that would threaten the stability of +the State or its integrity, unity, sovereignty or security shall be punished by death or life +imprisonment. This provision also includes any act contradicts the fund amental principles of +the Regime, or intends to overthrow or acquire the same, or illegally disables some of the +provisions of the Constitution, or prevents one of the State's institutions or public authorities +from performing its duties, or causes any har m to national unity or social peace. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (15) +Whoever announces, in publicity, his hostility to the State or its government, or lack of loyalty +to its leadership, shall be punished by imprisonment. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (16) +1. Whoever breaks into the headquar ters of a diplomatic or consular mission, or the +headquarters of one of the international bodies and organizations in the State, or a foreign +institution, with intent to commit a terrorist crime, shall be punished by life or provisional +imprisonment. +2. If such crime has been committed through using force, or through resorting to violence in +deterring competent authorities, or through using a weapon, or if committed by more than +one person, the penalty shall be life imprisonment. +3. The penalty shall be death if such act results in the death of a person. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (17) +1. Whoever commits , for a terrorist purpose, one of the offences, set forth in First Clause of +Articles (190), (290) and (297); or in First and Second Clauses of Art icle (339); or in Articles +(202), (301), (302), (337), (338) and (348) of Penal Code, shall be punished by life or +provisional imprisonment. +Federal Law No. (7) of 2014 Combating Terrorism Crimes 12 + + 2. Whoever commits, for a terrorist purpose, one of the offences, set forth in First Clause of +Articles (189), (1 96) and (336); or in Second Clause of Articles (190 ) and (193) of Penal +Code, shall be punished by life or provisional imprisonment for a term not less than five +years. +3. Whoever commits, for a terrorist purpose, on e of the offences, set forth in First Clause of +article (193); or in Articles (296) and (304) of Penal Code, shall be punished by life or +provisional imprisonment for a term not less than ten years. +4. Whoever commits, for a terrorist purpose, one of the offences, set forth in article (195); or +in Second Clause of Articles (196) and (290); or in article (299) of Penal Code, shall be +punished by death or life imprisonment. +5. Whoever commits, for a terr orist purpose, one of the offences, set forth in article (332) of +Penal Code, shall be punished by death. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (18) +Whoever threatens to commit a terrorist crime under circumstances suggesting the +seriousness of the same shall be punished by the penal ty provided for the crime, which he +threatens to commit. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (19) +Whoever plans or seeks to commit a terrorist crime shall be punished by the penalty provided +for the crime, which he plans or seeks to commit. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (20) +Whoever incites to commit a terrorist crime shall be punished by the penalty provided for the +crime, which he incites to commit, even if there is no consequences for the same. + + + + + +Federal Law No. (7) of 2014 Combating Terrorism Crimes 13 + + Chapter Two +Offenses relating to a Terrorist Organization +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (21) +1. Whoever establishes, institutes, forms, manages or takes over the leadership of a terrorist +organization, shall be punished by death or life imprisonment. +2. The court shall adjudicate such t errorist organization to be dissolved in addition to closing +its headquarters and branches. +3. The court shall order to forfeit all weapons, properties and seized assets owned by or +allocated to such terrorist organization, or exist in the headquarters a nd branches of the +same. Moreover, it shall forfeit all properties appear to be a part of the properties of a +convicted person if there are sufficient evidences or proofs that such funds is, in fact, a +resource dedicated to finance such terrorist organizat ion. If it becomes not possible to +forfeit such funds, the court shall impose a fine equivalent to the value of the same, +without prejudice to the rights of third parties acting in good faith. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (22) +1. Whoever seeks to join a terrorist organization or participates in any way in the activities +of the same, despite of being aware of its reality or purposes, shall be punished by life or +provisional imprisonment. +2. Whoever joins or collaborates a terrorist organization or participates in any way in the +activities of the same, despite of being aware of its reality or purposes, shall be punished +by death or life imprisonment. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (23) +1. Whoever forces or compels a person to join, collaborate, particip ate or stay in a terrorist +organization shall be punished by life or provisional imprisonment for a term not less +than ten years. +2. The penalty shall be death if such act results in the death of a person. + +Federal Law No. (7) of 2014 Combating Terrorism Crimes 14 + + " +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (24) +1. Whoever establishes institutes or operates a training center, for committing terrorist acts, +shall be punished by death or life imprisonment. +2. The court shall adjudicate such training center to be dissolved in addition to closing its +headquarters and b ranches. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (25) +1. Whoever trains or have a training, with an intent to commit a terrorist crime, shall be +punished by life or provisional imprisonment for a term not less than five years. +2. The penalty shall be life or provisional imprisonmen t for a term not less than ten years if +such training is related to the use of conventional weapons, martial arts, methods of +combat or security exercises with an intent to commit a terrorist crime. +3. The penalty sh all be death or life imprisonment if such training is related to the use of +nonconventional weapons with an intent to commit a terrorist crime. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (26) +1. It is prohibited to hold any meetings or assemblies anywhere in the State, whic h include +terrorist organizations or persons, for terrorist purposes. Public authorities shall disperse +such meetings or assemblies, using force when necessary. +2. Whoever participates in such meetings or assemblies, despite of being aware of its reality +or purposes, shall be punished by life or provisional imprisonment. + +Chapter Three +Crimes of Conspiracy to Commit Terrorist Acts +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (27) +1. Whoever collaborates with a foreign country, terrorist organization, terrorist person or +one of those who are working for the benefit of any of the same, as well as whoever +communicates with any of the foregoing, so as to commit a terrorist crime, shall be +punished by life imprisonment. +Federal Law No. (7) of 2014 Combating Terrorism Crimes 15 + + 2. The penalty shall be death if such crime has been committed. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (28) +1. Whoever participates in a criminal conspiracy, whether for the purposes of committing a +terrorist crime or as way to get to the intended purpose of the same, shall be punished by +provisional imprisonment for a term not less than ten years. +2. Whoever has a relation to such criminal conspiracy shall be punished by life +imprisonment. +3. Whoever calls another person to join such criminal conspiracy, while such call has been +rejected, shall be punished by provisional imprisonment. +4. If the purpose for such criminal conspiracy is to commit a terrorist crime or to serve as way +to get to th e intended purpose while the penalty imposed in such case is lighter than the +penalties set forth in the foregoing clauses, a more severe penalty should not be imposed +for the same. +5. The court may decide to exempt from such penalties, set forth in the first three clauses, +the perpetrators who inform competent authorities of any information related to such +criminal conspiracy and its perpetrators before committing the same. + +Chapter Four + Crimes of Terrorism Financing +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (29) +The following persons shall be punished by life imprisonment or a provisional imprisonment +for a term not less than ten years: +1. Whoever provides, collects, prepares or maintains funds, or facilitates obtai ning of the +same despite of being aware that such funds would be used, partially or completely, in +committing terrorist crimes. +2. Whoever provides, collects, prepares or maintains funds for a terrorist organization or +person, or facilitates obtaining of the same despite of being aware of the reality of such +Federal Law No. (7) of 2014 Combating Terrorism Crimes 16 + + terrorist organization or person. +3. Whoever gains, takes, operates, invests, possesses, transfers, de posits, saves, uses or +disposes of any funds, or accomplishes any banking, financial or commercial transaction +despite of being aware that such funds, whether partially or completely, are obtained from +a terrorist crime, or owned by a terrorist organizatio n, or prepared so as to finance the +same . + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (30) +Whoever commits the following crimes, despite of being aware that such funds, whether +partially or completely, are obtained from a terrorist crime; or owned by a terrorist +organization; or owned illegally by a terrorist person; or prepared so as to finance the same, +shall be punished by life or provisional imprisonment for a term not less than ten years, as +follows: +1. To transfer, deposit or exchange such funds so as to conceal or hide their true origin, +source or illegal purpose. +2. To conceal or hide the true origin, source, location, way of disposition, movement, +ownership or related rights of such funds. +3. To gain, possess, use, operate, deposit, invest, exchange or deal in such funds so as to +conceal or hide their true origin, source or illegal purpose. + +Chapter Five +Crimes of Supporting Terrorist Activities +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (31) +1. Whoever collaborates with a terrorist organization , despite of being aware the reality and +purposes of the same, shall be punished by life or provisional imprisonment for a term not +less than five years. +2. Whoever helps terrorist persons to achieve their purpose, despite of being aware the +reality and purposes of the same, shall be punished by life or provisional imprisonment +Federal Law No. (7) of 2014 Combating Terrorism Crimes 17 + + for a term not less than five years . +3. The penalty shall be death or life imprisonment if the actor, in the foregoing clauses, is a +member in the armed forces, police, security , or has previously received military or +security training . + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (32) +1. Whoever provides a terrorist organization or a terrorist person with conventiona l or +nonconventional weapons, or other substances that endanger the lives or properties of +people, despite of being aware of the purposes of the same, shall be punished by death or +life imprisonment. +2. Whoever provides a terrorist organization or a terr orist person with details pertaining to +missions, true or false documents, communication facilities, tools, information, advice, +housing, shelter, a place for meetings or other facilities that would help such terrorist +organization or terrorist person to a chieve their purposes, despite of being aware of the +same, shall be punished by life or provisional imprisonment. +3. Whoever conceals, damages, steals or embezzles a document or an instrument, whether +written or electronic, so as to prevent detection of a terrorist crime or establishment of +proofs in respect of the same. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (33) +Whoever enables, by any way, a person arrested or convicted in a terrorist crime to escape, +despite of being aware of the same, shall be punished by life or provisional imp risonment. + +Chapter Six +Crimes of Promoting Terrorist Activities +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (34) +1. Whoever promotes or supports; whether orally, in writing or in any other way, any +terrorist organization, terrorist person or terrorist crime, despite of being aware of the +Federal Law No. (7) of 2014 Combating Terrorism Crimes 18 + + same, s hall be punished with life imprisonment a fine of not less than (AED 2,000,000) +two million dirhams and not exceeding (AED 4,000,000) five million dirhams. +2. Whoever commits the following act, shall be punished with life imprisonment a fine +of not less than (AED 2,000,000) two million dirhams and not exceeding (AED +4,000,000) five million dirhams: +a. To obtain, as an actor or a mediator, any instruments, publications or record- +ings of any kind; including promotion or support to any terrorist organization, +terrori st person or terrorist crime, which are prepared for distribution or in- +forming others of the same , despite of being aware of the same. +b. To obtain or possess any mean of printing, recording or broadcasting; whether +used or prepared to be used even if tempora rily, to print, record or broadcast +any of the foregoing, despite of being aware of the same. . + +Chapter Seven +Terrorism -Related Crimes +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (35) +1. Whoever knows of the occurrence of a terrorist crime or the existence of a plan to commit +a terrorist crime and has not informed the competent authorities of the same, shall be +punished by provisional imprisonment for a term not more than ten years. +2. The court may exempt the offender of such act, if he/she is a spouse, a relative or a cognate +of the same within the fourth degree. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (36) +1. Whoever informs judicial authorities or administrative bodies, in bad faith, of a terrorist +crime does not exist, shall be punished by provisional imprisonment for a term not more +than five years. +2. The penalty shall be provisional imprisonment for a term not less than five years if the +offender intends, by such act, to spark panic among people. +Federal Law No. (7) of 2014 Combating Terrorism Crimes 19 + + 3. Whoever carries or holds models or emulating structures for explosives or crackers in +public or private places, or those similar to the same, for a terrorist purpose, shall be +punished by provisional imprisonment for a term not less than five years. +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (37) +1. Whoever assaults on one of those in charge of enforcing the provisions of this law during +the performance of his/her duties or because of the same; or resists by force or violence; +or threats of the same, shall be punished by life or prov isional imprisonment. +2. the penalty shall be life imprisonment if such assault or resistance results in permanent +disability; or if the offender carries a weapon; of if one of those in charge of implementing +the enforcement of this law, his/her spouse, ascendants, descendants, re latives or +cognates within the second degree has been seized or abducted by the same. +3. The penalty shall be death if such assault, resistance, seizure or abduction results in death +of a person. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (38) +1. Whoever escapes after being arrested o r precautionary detained in a terrorist crime shall +be punished by provisional imprisonment. +2. The pen alty shall be provisional imprisonment for a term not less than five years if the +crime has been committed by two persons or more; or if it has been committed through +using violence, threating people or damaging properties. +3. The penalty shall be life o r provisional imprisonment for a term not less than ten years if +the crime has been committed through using a weapon or threating to use the same. + +Chapter Eight +Terrorist Crimes in Other Laws +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (39) +Unless otherwise specifically provided herein, al l misdemeanors or felonies provided in Penal +Federal Law No. (7) of 2014 Combating Terrorism Crimes 20 + + Code or any other law shall be deemed as terrorist crimes if committed for a terrorist purpose. +The penalty shall be as follows: +1. If the prescribed penalty for such crime is imprisonment, it shall be doubled to the +maximum term of the same. +2. If the prescribed penalty for such crime is provisional imprisonment for a term less than +fifteen years, it shall be imposed for a term equal to the same. +3. If the prescribed penalty for such crime is provisional imprisonment for the maximum +term of the same, it shall be replaced by a term of twenty years, or life imprisonment. +4. If the prescribed penalty for such crime is life imprisonment, it shall be replaced by +death. + +Section Three +Special Substantive and Procedural Provisions +Chapter One +Special Substantive Provisions +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (40) +1. Dangerous terrorist is a person who adopts extremist or terrorist beliefs with expectations +to commit a terrorist crime. +2. If a person is a dangerous terrorist, he/she shall be deposited in a counseling center, by +virtue of a decision by the court and at the request of the prosecution. +3. The counseling center shall provide a periodic report every three months, on the deposi ted +person, to the prosecution. The prosecution shall submit such reports to the court, +together with its opinion. The court may order to release the deposited person, after +ensuring that his/her condition permits the same. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (41) +1. The court ma y , at the request of the prosecution , order to subject dangerous terrorists , +Federal Law No. (7) of 2014 Combating Terrorism Crimes 21 + + for a period determined by the court , to one or more of the following measures: +a. Travel ban. +b. Monitor. +c. Prohibiting residence in a particular place or area. +d. Limiting residence to a particular place. +e. Prohibiting access to particular places or areas. +f. Preventing contact with a particular person or persons. +2. The court shall follow -up the appli cation of such measurements. The prosecution shall, +every three months, submit periodic reports in respect of the same to the court. +3. The court may order to deactivate, amend or reduce the term of such measurements, at +the request of the prosecution or the subjected person. If the request of the subjected +person has been rejected, he/she is not entitled to submit another request except afte r +three months of the same. +4. If the subjected person breaches such measurements, he/she shall be punished by a +provisional imprisonment for a term not more than one year. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (42) +1. If a legal person , its representatives , officials or agents commits or contributes to the +commission of a terrorist crime , under its name or for its benefit , shall be punished by a +fine not less than million dirhams and not more than one hundred millio n dirhams. +2. The court shall order to dissolve such legal person and close the headquarters of the same. +3. Liability report of such leg al person shall not exclude criminal liability of natural persons, +original actors or partners for the same facts in respect of such crime. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (43) +Terrorist offences set forth herein shall be deemed as crimes that affect the internal and +external s ecurity of the State. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (44) +Federal Law No. (7) of 2014 Combating Terrorism Crimes 22 + + If such offence constitutes a crime; by virtue of this law, Penal Code or any other law, the +provisions of this law shall prevail, taking into account to impose the maximum penalty in +respect of the same. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (45) +The court shall order to forfeit all weapons, assets and funds used in a terrorist crime; or that +prepared for use, gained or obtained from the same. If it becomes not possible to forfeit such +weapons, assets or funds, the court shall impose a fine equival ent to the value of the same, +without prejudice to the rights of third parties acting in good faith. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (46) +Each foreign terrorist convicted in a terrorist crime shall be deported out of the State after +serving the sentence of the same. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (47) +The court may, at the request of the prosecuto r or at its own discretion, decide to reduce or +exempt from punishment the perpetrators who inform judicial or administrative authorities +of any information related to a terrorist crime, provided that this information leads to the +detection of such crime o r its perpetrators, as well as proving their liability for the same or +arresting one of them. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (48) +Attorney General is entitled to refer any criminal, sentenced to imprisonment in a terrorist +crime, to a counseling program under the supervision o f one of the counseling centers; to be +performed in the penal institution where the convicted person is serving such sentence. + + +Federal Law No. (7) of 2014 Combating Terrorism Crimes 23 + + + +Chapter Two + Special Procedural Provisions +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (49) +Notwithstanding the provisions of Criminal Procedure Code, an order of remand issued by +prosecution, after the interrogation of an accused for a period of fourteen days, may be +extended to other similar periods if serves the benefit of investigations, prov ided that it does +not to exceed three months. Such period should not be extended except by a court order in +respect of the same. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (50) +If several crimes, related closely to each other, includes a terrorist crime, the court shall +adjudicate all rel ated crimes accordingly. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (51) +The court may, at the request of the prosecutor or at its own discretion, decide the following: +a. To take all necessary measures in order to protect intelligence, its methods and curricula. +b. To take all necess ary measures in order to protect victims, witnesses, experts, +confidential sources, informants and other parties in the case, if there is any serious fear +for their safety. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (52) +Notwithstanding the provisions of Second Clause of Article 20 of Criminal Procedure Code, a +criminal case shall not be barred by lapse of time. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (53) +1. Penalties of terrorist crimes shall not expire or drop except after full implementation, or +Federal Law No. (7) of 2014 Combating Terrorism Crimes 24 + + by virtue of a comprehensive amnesty or special pardon. +2. Penalties of imprisonment in terrorist crimes shall not be subject to any early release set +forth in any law in force. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (54) +1. Attorney General, or his authorized representatives of public attorneys, shall be entitled +to order a direct access or peruse of any data or information relating to accounts, deposits, +trusts, safe boxes, transfers, movements of funds which the prosecution has sufficient +evidences that such funds has been used for financing a terrorist organization, terrorist +person or a terrorist crime. The prosecution also has sufficient proofs that such funds has +been used, prepared for use, gained or obtained from a ter rorist crime. For revealing such +truth, it becomes necessary to obtain such data or information held by Central Bank or any +other financial, commercial or economic institution. +2. Attorney General, or his authorized representatives of public attorneys, shall be entitled +to impose a travel ban on a terrorist person, if necessary. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (55) +Attorney General is entitled to order a freezing of funds suspected to be prepared to fina nce a +terrorist organization, terrorist person or a terrorist crime. Moreover, Attorney General is +entitled to order a freezing of funds suspected to be used, prepared for use, gained or obtained +from a terrorist crime until the completion of investigation s carried out in respect of the same. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (56) +Without prejudice to the provisions of article (55) herein, Central Bank Governor, or his +representative, is entitled to order, for a period not exceeding seven days, a freezing of funds, +deposited in ba nks and other financial institutions that are suspected to be prepared to +finance a terrorist organization, terrorist person or a terrorist crime; or has been obtained from +the same. Central Bank Governor shall inform Attorney General of such freezing orde r within +seven days from the date of issuing the same. Attorney General is entitled to cancel such +Federal Law No. (7) of 2014 Combating Terrorism Crimes 25 + + freezing order or order to continue the same. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (57) +1. A person against whom a decision of Attorney General is issued, pursuant to the +provisions of Articles (55) and (56), and Second Clause of article (54) herein, shall has the +right to file a grievance before the court. In the case that such grievance has be en rejected, +the grievant is entitled to submit a new grievance after three months from the date of +rejecting such grievance. +2. Such grievance shall be submitted in a form of a report before the competent court and +the president of the court shall determine a date for adjudicating such grievance taking +into account to inform the grievant of the same. The prosecution shall submit a +memorandum commenting on such grievance. Accordingly, the court shall decide on such +grievance within a period not exceeding fourteen days from the date of filing the same, +whether by canceling the decision of Attorney General, amending or rejecting such +grievance. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (58) +The court may order a freezing of funds, proceeds or impose a travel ban until the completion +the trial. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (59) +In all cases, central bank shall be the only authority that has the right to enforce resolutions of +freezing fu nds deposited in financial institutions. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (60) +1. All competent authorities shall apply the provisions herein, keep the information obtained +in the execution of its provisions confidential and not to reveal its confidentiality except +to the exte nt necessary for inquiry or investigation of terrorist crimes. +2. In the case that a person, working at any of those authorities, discloses to any person any +Federal Law No. (7) of 2014 Combating Terrorism Crimes 26 + + procedure of notification, inquiry or inspection procedures; taken in relation with the said +offences, or any data relating to the same, shall be punished by provisional imprisonment. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (61) +Central Bank and other financial , commercial and economic institutions, as well as the boards +of directors, personnel and lawfully authorized representatives of the same shall not be held +liable for any liability, whether criminal or civil, which may arise from the execution of the +order s and decisions relating to freezing of accounts or seizure of funds, deposited in such +institutions, or in the case of non -observance of any restriction relating to maintaining the +confidentiality of information in the execution of the provisions hereof, unless such +procedures had been taken with bad faith. + +Section Four + Administrative Measures to Combat Terrorist Crimes +Chapter One + National Committee for Combating Terrorism +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (62) +A committee called (National Committee for Combating Terrorism) shall be established in +pursuance of the provisions hereof. The jurisdictions and competences of such committee +shall be regulated by virtue of a resolution issued by Council of Ministers in r espect of the +same. + +Chapter Two +List of Terrorist Organizations +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (63) +1. Council of Ministers may, at the request of Minister of Presidential Affairs; issue a list +includes all terrorist organizations or persons threating the security of the Sta te, which +should be included in international list in respect of the same. +2. A resolution by Council of Ministers shall determine the provisions in respect of inserting, +Federal Law No. (7) of 2014 Combating Terrorism Crimes 27 + + removing or reinserting terrorist organizations in such list, as well as the legal +consequences of the same. Such resolution shall determine competent authorities, as well +as the rules of filing grievances in respect of the same. A person whose name is inserted in +such list shall has the right to file a grievance in respect of the same. If the grievant has not +received any comment within sixty days from filing such grievance, the grievant is entitled +to challenge the decision of insertion within sixty days from the date of rejecting such +grievance or delay of the comment thereof. +3. Such resolution shall determine the rules and methods of reviewing such List of Ter rorist +Organizations provided that such review shall be accomplished periodically on annual +basis. + +Section Five +Final Provisions +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (64) +Matters not covered by this Law shall be subject to the provisions of Penal Code and Criminal +Procedure Code. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (65) +The Commission established under Federal Decree -Law No. (1) of 2004 on Combating +Terrorist Crimes shall be continue exercising its jurisdictions until the issuance of a decision +by Council of Ministers on re -forming the same in accordance with the provisions herein. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (66) +One or more counseling centers shall be established by virtue of a decision issued by Council +of Ministers in order to guide and reform those convicted in terrorist crimes or those +dangerous terrorists. + + + +Federal Law No. (7) of 2014 Combating Terrorism Crimes 28 + + " +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (67) + Federal Decree -Law No. (1) of 2004 on Combating Terrorist Crimes shall be deactivated, as +well as any provision contrary to or inconsistent with the provisions herein. + +" +security and safety,Federal Law No. (7) of 2014 Combating Terrorism Crimes,"Article (68) +The law herein shall be published in the Official Gazette and shall take effect from the day +following the date of publication. + + + + +Khalifa h Bin Zayed Al Nahyan +President of United Arab Emirates + + +Issued by us at the Presidential Palace in Abu Dhabi +On: 24th Shawwal 1435 AH +Corr.: 20th August 2014 AD + + " +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (1) +Definitions +For applying the provisions of this Decree -Law, the following words and expressions shall +denote the meaning ascribed thereto respectively, unless otherwise required by the context: + UAE + : The United Arab Emirates . + Government +Entities + : Any federal or local government entity, or any company or +establishment in which any of these entities holds at least 25% +of its capital. + Competent +Authorities + : The federal or local authorities concerned with electronic and +cyber security inside the UAE. + Information +Technology +(IT) + : All forms of technologies used for creating, processing, storing, +exchanging and using electronic information systems (ISs), +information programs, websites, information network, and any +means of information technology equipm ent (ITE). + Cyber : Everything relating to computer networks, the internet, and the +Federal Decree -Law of 202 1 on Countering Rumors and Cybercrimes 3 + various information program as well as all the services they +perform. + Data or +Information + : An organized or unorganized package of data, facts, concepts, +instructions, views, or measurements taking the form of digits, +characters, words, symbols, images, videos, signals, sounds, +maps, or any other form, and which are interpreted, exchanged +or processed by persons or computers, so that after being +processed o r circulated, they produce what is called ""the +information"". + Government +Data and +Information + : Electronic data or information pertaining or belonging to any of +the government entities and are not made available to the +public. + Personal Data +and +Information + : Information or data pertaining to natural persons whenever +these information or data are relating to their private lives or +personal identities, or whenever linking these information or +data, whether directly or indirectly , would lead to revealing the +person's identity. + Confidential +Information +and Data + : Any information or data that are not permitted to be accessed by +or disclosed to Third Parties, without prior permission of the +person who has the power to grant this p ermission. + Route Data + : The data of an information technology means produced by an +information system to show the source of communication and +its transmitter and receiver interfaces, time, date, size, and +duration, and the type of the service. + Website + : A virtual space or domain on the information network that +depends on smart software which enables its users to make +available, exchange, or disseminate any content, whether text, +audio, visual or data content. This includes social media +Federal Decree -Law of 202 1 on Countering Rumors and Cybercrimes 4 + website s, networks and platforms, personal pages and accounts, +weblogs, e -services and etc. + Electronic +Information +System (IS) + : An information program or collection of information programs +that are designed to process, manage or store electronic +information that can execute the instructions or commands +using the information technology equipment, including the +applications and the like. + Information +Technology +Equipment +(ITE) + : Any magnetic, optical or electrochemical electronic equipment +or any other tool used for processing electronic data, or +performing logical and mathematical processes or storage +functions, including any tool that is connected or linked to it, +directly or indirectly, and which enables this tool to store or +communicate the ele ctronic information to others. + Electronic +Account + : Any account created with an information network broker in +order to use the services of this broker. + Content + : The electronic information, data, and services that provide value +to its receivers in specific contexts. + Illegal +Content + : The content whose subject constitutes one of the crimes +punishable by law, or whose publication, circulation or +recirculation inside the UAE would compromise the UAE's +security, sovereignty or any of its interests, the public health, or +public peace assurance, or the friendly relations between the +UAE and other countries, or would affect the results of elections +of members of the Federal National Council (FNC) or of the +Consultative Councils of the emirat es of UAE, or would incite +hostility and hatred among different groups of persons, or +would decrease the public's confidence in any of the +government authorities' or entities' performance of any duty or +task or exercise of any powers. +Federal Decree -Law of 202 1 on Countering Rumors and Cybercrimes 5 + False Data + : The rumors and data which are false or misleading, in whole or +in part, whether by itself or within the context where they +appear. + Electronic +Robot (E - +robot) + : an electronic program that is created or modified for the +purpose of running automated tasks efficiently and quickly. + Electronic +Document (e - +document) + : An informational record or statement that is created, stored, +extracted, copied, sent, communicated or received by electronic +tool on a medium. + Hacking + : The unauthorized access, access in violation of the provisions of +the license, or illegal access to or stay on an information system +(IS), or a computer, or operating system (OS) of a device, +machine, vehicle or information network and the like. + Leakage + : The deliberate disclos ure or revelation of information or data +without the knowledge or authorization of the owner of the +system. Such data may be classified as sensitive, private or +confidential. + Interception + : Viewing, monitoring, or acquiring data or information for the +purpose of eavesdropping, disrupting, storing, copying, +recording, circumventing, or altering the content, or for +misusing, rerouting or redirecting for illegal and unlawful +reasons. + Cyberattacks + : Every deliberate and planned targeting of ISs, infrastructure, +electronic networks, or ITE that reduces the capabilities and +functions of any of them, whether for personal purposes or for +the purposes of intercepting, intruding, hacking, leaking, or +exposing data or information to ris ks, or for disrupting the +operations and the like. +Federal Decree -Law of 202 1 on Countering Rumors and Cybercrimes 6 + Encryption + : Converting information or information systems or tools into a +form that is unreadable or unidentifiable unless returned to +their original form using a password or the encryption tool +involv ed. + Electronic + : Everything relating to electromagnetic, optical, digital, +automated or photogenic technologies or the like. + Electronic +media + : Every physical medium used for storing and circulating +electronic data and information, including compact discs (CDs), +optical discs, electronic memory, or the like. + Digital +Evidence + : Any electronic information having a probative force or value +and is stored, transmitted, extracted or derived from computer +sets, information networks and etc. It may be gathered and +analyzed using special technological devices or applications. + Information +Network + : A connection between two or more information programs and +information technology equipment that allow users to get +access to and exchange information. + Internet +Protocol (IP) +Address + : A digital identifier assigned to each information technology +equipment on the information network and is used for +connection purposes. + Information +Network +Broker + : Every person providing any information network brokerage +services including social networking services, search engines, +collecting the contents transmitted through the information +network, sharing videos ...etc. + Service +Provider + : Every public or private natural or legal person p roviding users +with IT -based access to the information network. + Financial, +Commercial or +Economic : Any establishment that acquires its financial, commercial or +economic standing under the license granted to it by the +competent authority i nside the UAE. +Federal Decree -Law of 202 1 on Countering Rumors and Cybercrimes 7 + Establishment + + Child + : Every person under the age of eighteen calendar years. + Child +Pornography + : Producing, displaying, disseminating, possessing or circulating a +photo, movie, or a drawing through any means of +communication, social networks, or any other means or tool that +shows the child involved in a dishonorable situation in a sexual +act or show whether real, fictional or simulated. + Electronic +Advertisement + : Every advertisement through an electronic means that aims to +promote the sale of a product or the provision of a service, +directly or indirectly. + Misleading +Advertisement + : Advertising any goods or a service based on the provision of +deceptive information or omission of essential or basic +information related to the goods or the service involved, and +which would affect the consumer's decision and motivate them +to seek to acquire it; so that the consumer would not have +acquired the same had it not for that information. + Data or +Information +Processing + : Performing or carrying out a single process or a group of +processes involving the data or information, whether such +information and data are pertaining to natural or to legal +persons. This includes collecting, receiving, recording, storing, +modifying, transmitting, retr ieving and deleting that +information. + User + : Every natural or legal person using or taking advantage of IT +services in any form. + Writs of +correction and +removal of +false data : The notices issued by the competent authorities to one or more +persons for correcting, removing or deleting illegal content, or to +correct, remove or delete false information or data in the form +or manner those authorities deem appropriate during the period +Federal Decree -Law of 202 1 on Countering Rumors and Cybercrimes 8 + stated in the notice. + Disable order + : The notices issued b y the competent authorities to an +information network broker through which illegal content or +false data is published. The broker is required under this notice +to disable, in the form or manner deemed appropriate by these +authorities, the users' access to the said content or data within +the period stated in the notice. + Access +Blocking +Orders + : The orders issued by the competent authorities to the service +provider inside the UAE in case of failure to perform the other +instructions mentioned in this Decree -Law in order to take +actions to disable users' access in the UAE to the website or +electronic account. + +Section One +Crimes and Penalties +Chapter One +Crimes Against Information Technology +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (2) +Hacking +1. Whoever hacks a website, an electronic IS, an information network or a piece of ITE shall +be punished with imprisonment and/ or a fine of not less than (AED 100,000) one +hundred thousand dirhams or more than (AED 300,000) three hundred thousand +dirhams. +2. If the hacking results in dama ges, destruction, or interruption of work; or disruption of a +website, an electronic IS, an information network or a piece of ITE, or cancellation, +deletion, destruction, disclosure, damage, alteration, copying, dissemination, re - +dissemination, or acquirin g any data or information, or loss of confidentiality of data and +information, the penalty shall be imprisonment for at least (6) six months and/ or a fine +of not less than (AED 150,000) one hundred fifty thousand dirhams or more than (AED +Federal Decree -Law of 202 1 on Countering Rumors and Cybercrimes 9 + 500,000) five hu ndred thousand dirhams. +3. If the hacking is committed for acquiring data or information for illegal purposes, the +penalty shall be imprisonment for at least one year and/ or a fine no less than (AED +200,000) two hundred thousand dirhams or more than (AED 500 ,000) five hundred +thousand dirhams. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (3) +Hacking the Government Entities' Information Systems +1. Whoever hacks a website, electronic IS, information network or a piece of ITE belonging +to the government entities shall be punished with temporary imprisonment and a fine of +not less than (AED 200,000) two hundred thousand dirhams or more than (AED 500,000) +five hundred thousand dirhams. +2. If the hacking results in damages, destruction, or interruption of work, or disruption of a +website, ele ctronic IS, information network or a piece of ITE, or cancellation, deletion, +destruction, disclosure, damage, alteration, copying, dissemination, or re -dissemination of +any data or information or loss of their confidentiality, or if crime is committed as a result +of a cyberattack, the penalty shall be imprisonment for at least (5) five years and a fine of +not less than (AED 250,000) two hundred fifty thousand dirhams or more than (AED +1,500,000) one million and five hundred thousand dirhams. +3. If the hacking is committed for acquiring data or information of the entities mentioned in +Para. (1) of this Article, the penalty shall be temporary imprisonment for at least (7) seven +years and a fine of not less than (AED 250,000) two hundred fifty thousand dirhams or +more than (AED 1,500,000) one million and five hundred thousand dirhams. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (4) +Causing Harm to Information Systems +1. Whoever willfully causes harm, destruction, interruption or disruption of a website, +electronic IS, information network or a piece of ITE, shall be punished with imprisonment +for at least one year and/ or a fine of not less than (AED 500,000) five hundred thousand +dirhams or more than (AED 3,000,000) three million dirhams. +Federal Decree -Law of 202 1 on Countering Rumors and Cybercrimes 10 + 2. If the harm is inflicted upon a banking, media, health o r scientific entity, if the harm is +intended for achieving an illegal purpose, or if the crime is committed as a result of a +cyberattack, the penalty shall be temporary imprisonment and a fine of not less than (AED +500,000) five hundred thousand dirhams or more than (AED 3,000,000) three million +dirhams. +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (5) +Harm to Information System of Government Entity and Critical Facility +Whoever willfully causes harm, destruction, interruption or disruption of a website, electronic +IS, information network or a piece of ITE belonging to one of the government entities or critical +facilities shall be punished with temporary imprisonment and a fine of not less than (AED +500,000) five hundred thousand dirhams or more than (AED 3,000,000) three million +dirhams. +If the crime is committed as a result of a cyberattack, this shall be deemed an aggravating +circumstance. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (6) +Infringement of Personal Data and Information +1. Whoever acquires, possesses, modifies, destroys, reveals, leaks, cancels, deletes, copies, +disseminates, or re -disseminates any personal electronic data or information using the +information technology or any ITE without permission shall be punished with +imprisonment for at least (6) six months and/ or a fine of not less than (AED 20,000) +twenty thousand dirhams or more than (AED 100,000) one hundred thousand dirhams. +2. If the data or information aforementioned in Clause (1) of this Article are related to +examinations, diagnosis, medication, healthcare, medical records, bank accounts, or e - +payment information and data, this shall be deemed an aggravating circumstance. +3. Whoever receives, keeps, or stores the data and information referred to in Clauses (1) and +(2) of this Article, or accepts to handle or use them despite knowledge of the illegal ity of +acquiring them shall be punished with imprisonment and/ or a fine. + + +Federal Decree -Law of 202 1 on Countering Rumors and Cybercrimes 11 + " +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (7) +Infringement of Government Data and Information +1. Whoever acquires, possesses, modifies, destroys, reveals, leaks, cancels, deletes, copies, +disseminates, or re-disseminates any government confidential data or information +without permission shall be punished with temporary imprisonment for at least (7) seven +years and a fine of not less than (AED 500,000) five hundred thousand dirhams or more +than (AED 3,000,00 0) three million dirhams. +2. If the acts stipulated in Clause (1) of this Article cause harms to the UAE, or results in loss +of confidentiality of the operation of electronic systems and software pertaining to +military and security facilities and concerning t he communication and transmission of +confidential information, the penalty shall be temporary imprisonment for at least (10) +ten years and a fine of not less than (AED 500,000) five hundred thousand dirhams or +more than (AED 5,000,000) five million dirhams . +3. Whoever receives, keeps, or stores the data and information referred to in Clause (1) of +this Article, or accepts to deal with or use them despite knowledge of the illegality of +acquiring them shall be punished with temporary imprisonment. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (8) +Infringement of Data of Financial, Commercial or Economic Establishments +Whoever acquires, possesses, modifies, destroys, reveals, leaks, cancels, deletes, alters, copies, +disseminates, or re -disseminates any confidential data or information pertaining to any +financial, commercial or economic establishment without permission using the information +technology or any ITE shall be punished with temporary imprisonment for at least (5) five +years and a fine of not less than (AED 500,000) five hundred thousand dir hams or more than +(AED 3,000,000) three million dirhams. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (9) +Unauthorized Acquisition of Third Party's Codes and Ciphers +1. Whoever acquires the PIN code, cipher, or password or the like pertaining to a website, +Federal Decree -Law of 202 1 on Countering Rumors and Cybercrimes 12 + information system, information netwo rk or ITE without permission or authorization of +the person concerned shall be punished with imprisonment and/ or a fine of not less than +(AED 50,000) fifty thousand dirhams or more than (AED 100,000) one hundred thousand +dirhams. +2. If the person who acquire s the PIN code, cipher, or password and the like without +permission or authorization of the person concerned accesses or enables third parties to +access the website, information system, information network or the ITE with the intent to +commit a crime, he s hall be punished with imprisonment for at least (6) six months and/ +or a fine of not less than (AED 300,000) three hundred thousand dirhams or more than +(AED 500,000) five hundred thousand dirhams. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (10) +Circumventing the Information Network with the Intention of Committing a +Crime +Whoever circumvents an IP Address through the use of an IP address of others or any other +means with the intention of committing or to preventing detection of a crime shall be +punished with temporary imprisonment and/ or a fine of not less than (AED 500,000) five +hundred thousand dirhams or more than (AED 2,000,000) two million dirhams. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (11) +Creating Fake Emails, Websites, and Electronic Accounts +1. Whoever creates a fake website, an account or an email and attributes it falsely to any +natural or legal person shall be punished with imprisonment and/ or a fine of not less than +(AED 50,000) fifty thousand dirhams or more than (AED 200,000) two hundred thousand +dirhams. +2. If the offender uses or enables third part ies to use the fake account, email or website in a +matter offensive to the person affected shall be punished with imprisonment for at least +(2) two years. +3. If the fake website, account or email is attributed to one of the government entities, the +Federal Decree -Law of 202 1 on Countering Rumors and Cybercrimes 13 + penalty sh all be imprisonment for not more than (5) five years and a fine of not less than +(AED 200,000) or more than (AED 2,000,000) two million dirhams. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (12) +Illegal Interception and Disclosure of Information +1. Whoever obstructs or intercepts the access to an information network, website, or +electronic IS or any electronic connection, information or data shall be punished with +imprisonment and/ or a fine of not less than (AED 150,000) one hundred fifty thousand +dirhams or more than (AED 500,000) five hund red thousand dirhams. +2. If the offender discloses or leaks the information, data or purport of the communication +obtained through the interception shall be punished with imprisonment for at least one +year and fine of not more than (AED 1,000,000) one million dirhams. +3. If the interception involves the communication, information or data of one of the +government entities, the penalty shall be temporary imprisonment. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (13) +Collecting and Processing Personal Data and Information in Violation of the +Legisla tion +Whoever uses the information technology or ITE to collect, save, or process personal data and +information of nationals and residents of the UAE in violation of the legislation in force in the +UAE shall be punished with imprisonment and/ or a fine of n ot less than (AED 50,000) fifty +thousand dirhams or more than (AED 500,000) five hundred thousand dirhams. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (14) +Forging E -documents +1. Whoever forges an e -document belonging to any of the federal or local government or the +public federal or local authorities or entities shall be punished with temporary +imprisonment and a fine of not less than (AED 150,000) one hundred fifty thousand +dirhams or more than (AED 750,000) seven hundred fifty thousand dirhams. +Federal Decree -Law of 202 1 on Countering Rumors and Cybercrimes 14 + 2. If the forging involves documents belo nging to entities other than those mentioned in +Clause (1) of this Article, the penalty shall be imprisonment and/ or a fine of not less than +(AED 100,000) one hundred thousand dirhams or more than (AED 300,000) three +hundred thousand dirhams. +3. The penalty prescribed for forgery crime shall be imposed on whoever knowingly uses the +forged e -document. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (15) +Hacking E -Payment Instruments +Whoever forges, clones or copies any credit card, debit card, or any e -payment instrument, or +captures its data or information using any of the ITE ISs shall be punished with imprisonment +and/or a fine of not less than (AED 200,000) two hundred thousand dirhams, or more than +(AED 2,000,000) two million dirhams. +The same penalties shall be imposed on whoever: +1. Makes or d esigns any ITE or software with the intention of facilitating any of the acts +stipulated in Para. (I) of this Article . +2. Uses without authorization any credit, electronic, or debit card or any other e -payment +instrument, or any of its data or information wit h the intention of obtaining for himself of +for third parties any funds or properties of others, or to utilize the services made available +to third parties by these cards or instruments . +3. Accepts using these forged, fake, or copied cards or e -payment instru ments or data seized +or obtained illegally despite being aware of their illegality. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (16) +Using Electronic Systems to Commit Crimes and to Conceal Evidence +Whoever possesses, obtains, prepares, designs, produces, imports, makes available or uses +any information program, ITE, passcodes or codes, or uses encryption with the intention of +committing any of the crimes stipulated in this Decree -Law or concealing its evidence or +traces, or preventing detection of the crime shall be punished with imp risonment for at least +(2) two years and/ or a fine of not less than (AED 200,000) two hundred thousand dirhams +Federal Decree -Law of 202 1 on Countering Rumors and Cybercrimes 15 + or more than (AED 500,000) five hundred thousand dirhams. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (17) +Crimes Committed by Administrator of Website or Electronic Account +Whoever manages, creates or uses a website or account on an information network with the +intent to commit or to facilitate the commission of a crime punishable by law shall be +punished with imprisonment for at least one year and/ or a fine of not l ess than (AED +300,000) three hundred thousand dirhams or more than (AED 500,000) five hundred +thousand dirhams. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (18) +Tampering with Digital Evidence +Everyone responsible for managing a website or an account on an information network, an e - +mail, o r an IS and conceals or tampers with digital evidence pertaining to any of the crimes +stipulated in this Decree -Law with the intent of impeding the work of the searching, +investigations, and interrogations teams or other competent authorities shall be puni shed +with imprisonment for at least (6) six months and/ or a fine of not less than (AED 200,000) +two hundred thousand dirhams. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (19) +Dissemination of Data or Information Not Compliant with Media Content +Standards +Everyone responsible for managing a website or an electronic account that has posted on any +of it any content, data or information that does not comply with the media content standards +issued by the authorities concerned shall be punished with imprisonment for not more than +one year and/ o r a fine of not less than (AED 30,000) thirty thousand dirhams or more than +(AED 300,000) three hundred thousand dirhams. + + +Federal Decree -Law of 202 1 on Countering Rumors and Cybercrimes 16 + Chapter Two +Crimes Relating to Content and Spread of Rumors and False News +Part One +Content Crimes +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (20) +Inciting the Suspension of the Provisions of the Constitution and Laws +Whoever creates, manages, or supervises a website or publishes information, programs or +thoughts that include, aim to or instigate overthrowing the ruling regime change or seizure of +power in the UA E, or to suspend the provisions of the Constitution or Laws in force in the UAE, +or to protest against the basic principles of the UAE's regime using the information network +or any ITE, shall be punished with life imprisonment. +the same penalty shall be im posed on everyone who promotes, incites to, or facilitates any of +the aforementioned acts. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (21) +Advocacy and Promotion of Terrorist Groups +1. Whoever creates, manages, or supervises a website or publishes information or data per- +taining to terrorist group(s), society, or organization or an illicit body via the information +network or the ITE with the intention of facilitating communication with their leaders or +members, attracting members, promoting or advocating their thoughts, financing the ir ac- +tivities, providing actual assistance to them, or disseminating the methods of manufactur- +ing incendiary devices, weapons, ammunition, explosives or dangerous materials or any +other tools used in terrorist acts shall be punished with life imprisonment a fine of not less +than (AED 2,000,000) two million dirhams and not exceeding (AED 4,000,000) five mil- +lion dirhams. +2. Whoever downloads, re -broadcasts, or reposts the contents of any of the websites afore- +mentioned in paragraph (1) of this Article using any m eans whatsoever, or re -accesses +these sites to view this content, or disseminates any content that incites hatred shall be +punished with imprisonment for a period not exceeding (5) five years and a fine of not +Federal Decree -Law of 202 1 on Countering Rumors and Cybercrimes 17 + less than (AED 500,000) five hundred thousand dirhams and not exceeding (AED +1,000,000) one million dirhams. +3. The Court may – in cases other than recidivism – instead of imposing the penalties set +out in paragraph (2) of this article, decide that the accused person be assigned to a coun- +seling house or be placed under electronic monitoring and be prohibited from using any +of the ITE for the period of time to be determined by the court, provided that it is not longer +than the maximum penalty prescribed. +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (22) +Dissemination of Information to Harm th e Interests of the UAE +Whoever uses information network or ITE and provides to any organization, institution, body, +person or entity any information, data, reports or documents that are not authorized to be +published or circulated and would harm the intere sts of the UAE or its government agencies, +or would harm its reputation, prestige or dignity, shall be punished with temporary +imprisonment. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (23) +Incitement to Harm the Security of the UAE and to Assault Judicial Officers +Whoever creates, manages , or supervises a website or uses information on the information +network or on the ITE with the intention of inciting actions, disseminating or broadcasting +information, news, cartoons or any other images which would endanger the security of the +UAE and it s higher interests, or would harm the public order, or incite assaulting the judicial +officers or law enforcement officers shall be punished with temporary imprisonment and a +fine of not more than (AED 1,000,000) one million dirhams. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (24) +Promoting Sedition and Harming the National Unity +Whoever uses of information network or any ITE to create, manage, or supervise a website or +to disseminate information, programs or thoughts that include incitement, promotion or +advocation of sedition, hat red, racism, or sectarianism in a manner which would harm the +Federal Decree -Law of 202 1 on Countering Rumors and Cybercrimes 18 + national unity, social peace, public order, public morals or would endanger the UAE's interests +shall be punished with temporary imprisonment and a fine of not less than (AED 200,000) +two hundre d thousand dirhams or more than (AED 1,000,000) one million dirhams. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (25) +Mockery and Tainting the Reputation of the UAE and its Public Figures +Whoever publishes information, news, data, visual images, visual or optical materials or +rumors on a w ebsite, any information network or ITE with the intention of mocking or +damaging the reputation, prestige, or dignity of the UAE, any of its authorities, institutions, +any of its founding leaders, the UAE's flag, currency, peace, coat of arms, or national anthem, +or any of its national public figures shall be punished with imprisonment for not more than +(5) five years and a fine not exceeding (AED 500,000) five hundred thousand dirhams. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (26) +Unauthorized Call for and Promotion of Demonstrations +Whoever creates, manages, or supervises a website or uses information on the information +network or the ITE in order to plan for, organize, promote, or call for demonstrations, marches, +or similar acts without obtaining permit from the competent authority sh all be punished with +imprisonment and/ or a fine of not less than (AED 200,000) two hundred thousand dirhams +or more than (AED 1,000,000) one million dirhams. + + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (27) +Incitement to Disobedience of the Legislation +Whoever calls for or incites to disobedience of the legislation in force in the UAE through +dissemination of information via the information network or any ITE shall be punished with +imprisonment and/ or a fine of not less than (AED 100,000) one hundred thousand dirhams +or more than (AED 500,000) five hundred thousand dirhams. + +Federal Decree -Law of 202 1 on Countering Rumors and Cybercrimes 19 + " +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (28) +Offending a Foreign Country +Whoever disseminates information or data on the information network or any ITE which +include offending of foreign countries shall be punished with imprisonment for at least (6) six +months and/ or a fine of not less than (AED 100,000) one hundred thousand dirhams or more +than (AED 500,000) five hundred thousand dirhams. +In respect of the crimes set out in this Article, the legal proceedings shall be instituted only by +the Att orney General of the UAE. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (29) +Trafficking in and Promotion of Firearms, Ammunition or Explosives +Whoever creates, manages or supervises a website or publishes information on an +information network or ITE with the intention of trafficking in or promoting firearms, +ammunition or explosives in cases other than those authorized by law shall be punished with +imprisonment for at least one year and/ or a fine of not less than (AED 500,000) five hundred +thousand dirhams or more than (A ED 1,000,000) one million dirhams. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (30) +Transfer, Possession, Use or Acquisition of Illicit Financial Flows (IFFs) +Without prejudice to the provisions of the Anti -Money Laundering Law, whoever willfully +commits any of the following acts through t he use of any information network, IS, or any ITE +shall be punished with imprisonment for not more than (10) ten years and a fine of not less +than (AED 100,000) one hundred thousand dirhams or more than (5,000,000) five million +dirhams: +1. Transferring, trans porting or depositing IFFs with the intention of concealing or disguising +their illegal source . +2. Concealing or disguising the truth, source, movement, rights associated with or ownership +of the IFFs . +3. Acquiring, possessing or using IFFs despite knowledge of the illegality of their source. +Federal Decree -Law of 202 1 on Countering Rumors and Cybercrimes 20 + The same penalties shall be imposed to whoever creates, manages, or supervises a website or +disseminates information or data on the information network or ITE to facilitate or incite the +commission of any of the acts aboveme ntioned in this Article. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (31) +Trafficking in and Promotion of Narcotic Drugs and Psychotropic +Substances +Whoever creates, manages, or supervises a website or disseminates information or data on +the information network or ITE for the purpose of trafficking in or promoting narcotic drugs +and psychotropic substances and etc., or how they are used, or to facilitate trading in them in +cases other than those authorized by law shall be punished with temporary imprisonment +and/ or a fine of n ot less than (AED 500,000) five hundred thousand dirhams or more than +(AED 1,000,000) one million dirhams. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (32) +Creation and Management of a Website for Trafficking in Human Beings +Whoever creates, manages, or supervises a website or disseminates information or data on +the information network or using a piece of ITE with the intention of trafficking in human +beings or organs or illegal trading in them shall be punished with temporary imprisonment +and/ or a fine of not less than (AED 50 0,000) five hundred thousand dirhams or more than +(AED 1,000,000) one million dirhams. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (33) +Incitement to Immoral Acts and Prostitution +Whoever incites or tempts third parties to commit prostitution or immoral acts, or assists +him/her to do so th rough the use an information network or any ITE shall be punished with +temporary imprisonment and a fine of not less than (AED 250,000) two hundred fifty +thousand dirhams or more than (AED 1,000,000) one million dirhams. +In the event that the victim is a c hild, the penalty shall be temporary imprisonment for at least +Federal Decree -Law of 202 1 on Countering Rumors and Cybercrimes 21 + (5) five years and a fine of not more than (AED 1,000,000) one million dirhams. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (34) +Disseminating Obscene Materials And Violating the Public Morals +Whoever creates, manages, or super vises a website, or broadcasts, transmits, disseminates, +re-disseminates or displays through the information network any obscene materials and +everything which would violate the public morals shall be punished with imprisonment and/ +or and a fine of not le ss than (AED 250,000) two hundred fifty thousand dirhams or more than +(AED 500,000) five hundred thousand dirhams. +The same penalty shall be imposed on everyone who produces, prepares, designs, transmits, +or stores any obscene materials and everything whic h would violate the public morals +through the use of the information network with the intention of making use of, distributing +or displaying the same to third parties. +If the subject of the obscene content is a child, or if the content is designed to seduc e children, +the offender shall be punished with imprisonment for at least one year and/ or a fine of not +more than (AED 500,000) five hundred thousand dirhams. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (35) +Engaging Children in Creating Pornographic Materials +1. Whoever incites, seduces, or assists a child to broadcast, createor transmit obscene +material using the information network or the ITE shall be punished with imprisonment +for at least (2) two years and/ or a fine of not less than (AED 250,000) two hundred fifty +thousand dirhams or mo re than (AED 1,000,000) one million dirhams. +2. In the event that the subject of this obscene materials prepared or transmitted is this child, +the penalty shall be temporary imprisonment and a fine not exceeding (AED 1,000,000) +one million dirhams. +3. The victim child shall not be held criminally accountable for the acts he commits as a result +of the incitement and seduction. + +Federal Decree -Law of 202 1 on Countering Rumors and Cybercrimes 22 + " +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (36) +Possession of Child Pornographic Materials +Whoever willfully possesses any child pornographic materials using the electronic IS, +information network, website, or any ITE shall be punished with imprisonment for at least (6) +six months and a fine of not less than (AED 150,000) one hundred fifty thousand dirhams or +more than (AED 1,000,000) one million dirhams. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (37) +Blasphemy and Condoning the Sin +Whoever uses information network, any ITE, or a website to commit any of the following +crimes shall be punished with imprisonment and/ or a fine of not less than (AED 250,000) +two hundred fifty thousand dirhams or more than (AED 1,000,000) one million dirhams: +1. Offending any of the Islamic sanctities or rituals . +2. Offending any of the sanctities or rituals established in other religions whenever these +sanctities and rituals are inviolable in accordance with the provisi ons of Islamic Sharia . +3. Insulting one of the recognized monotheistic religions . +4. Condoning, inciting to or promoting sins. +If the crime involves an insult to the Divine Essence or to the Messengers and Prophets, or if +it is in opposition to the Islamic relig ion, breaches the foundations and principles upon which +Islam is based, violating or breaches the rituals and rulings of the Islamic religion which are +known as necessity, or humiliates Islamic religion, preaches to another religion, advocates, +recommends or promotes a doctrine or thought that involves any of the foregoing, the penalty +shall be temporary imprisonment for not more than (7) seven years. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (38) +Promotion of Gambling Activities +Whoever creates, manages or supervises a website, or uses i nformation network to broadcast, +transmit, disseminate, re -disseminate, or promote practicing of gambling activities in the +cases other than the authorized shall be punished with imprisonment and/ or a fine of not +Federal Decree -Law of 202 1 on Countering Rumors and Cybercrimes 23 + less than (AED 250,000) two hundred fifty thousand dirhams or more than (AED500,000) five +hundred thousand dirhams. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (39) +Illicit Trafficking in Antiquities and Works of Art +Whoever creates, manages or supervises a website or uses an information network or any ITE +with the intention of trafficking in antiquities and works of art in cases other than those +authorized by law shall be punished with imprisonment and/ or a fine of not less than (AED +500,000) five hundred thousand dirhams or more than (AED 1,000,000) one million di rhams. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (40) +Internet Fraud +Whoever illegally seizes for himself or for third parties a movable asset, a benefit or a +document or signs this document through the use of any of the fraud techniques, or through +taking an alias or false impersonation through the information network, IS or any ITE shall be +punished with imprisonment for at least one year and/ or a fine of not less than (AED +250,000) two hundred fifty thousand dirhams or more than (AED 1,000,000) one million +dirhams. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (41) +Unau thorized Fundraising +Whoever calls for or promotes a contest or electronic currency, or creates or manages a +fictitious portfolio or company with the intention of receiving or raising funds from the public +for the purpose of investing, managing, employing or increasing these funds without a license +from the authorities concerned shall be punished with imprisonment for not more than (5) +five years and/ or a fine of not less than (AED 250,000) two hundred fifty thousand dirhams +or more than (AED 1,000,000) on e million dirhams. The court shall order the refund of the +illegally seized funds. + +Federal Decree -Law of 202 1 on Countering Rumors and Cybercrimes 24 + " +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (42) +Cyberextortion and Cyber Threats +1. Whoever uses an information network or any ITE to extort or threaten another person to +force the latter to act or to refrain from acting shall be punished with imprisonment for +not more than (2) two years and/ or a fine of not less than (AED 250,000) two hundred +fifty thousand dirhams or more than (AED 500,000) five hundred thousand dirhams. +2. In the event that the person is threa tened to commit a crime or to commit dishonorable +acts, and this is accompanied by an explicit or implicit request to act or refrain from acting, +the penalty shall be temporary imprisonment for not more than (10) ten years. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (43) +Defamation and Sl ander +Whoever uses an information network, ITE, or an information system and insults another or +attributes a quality to him that would make that person subject to punishment or contempt +by third parties shall be punished with imprisonment and/ or a fine of not less than (AED +250,000) two hundred fifty thousand dirhams or more than (AED 500,000) five hundred +thousand dirhams. +In the event that any of the offences abovementioned in Para. (I) of this Article is committed +against a public official or a person e ntrusted with a public service during or because of +performance of his work, that shall be deemed an aggravating circumstance of the crime. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (44) +Revealing Secrets and Invasion of Privacy +Whoever uses an information network, an IS, or any ITE with the intention of invading the +privacy or sanctity of private or familial life of someone without his consent in cases other +than those authorized by law through committing any of the following actions shall be +punished with imprisonment for at least ( 6) six months and/ or a fine of not less than (AED +150,000) one hundred fifty thousand dirhams or more than (AED 500,000) fiver hundred +thousand dirhams: +Federal Decree -Law of 202 1 on Countering Rumors and Cybercrimes 25 + 1. Eavesdropping, intercepting, recording, transmitting, broadcasting, or revealing +conversations, commun ications or audio or visual materials . +2. Taking photos of third parties in any public or private place, or preparing, transferring, +disclosing, copying or keeping electronic photos . +3. Publishing news, electronic photos, images, scenes, comments, data or inform ation, even +if it is true and genuine, with intention of harming the person . +4. Taking, transmitting, or publishing photos of the injured, the dead, or the victims of +accidents or disasters without permission or consent of the parties concerned . +5. Tracking, mon itoring, revealing, transmitting, disclosing, copying or keeping the +geographic location data of third parties. +Moreover, whoever uses an IS or ITE to modify or process any record, photo or scene with the +intention of defaming or insulting another person s hall be punished with imprisonment for at +least one year and/ or a fine of not less than (AED 250,000) two hundred fifty thousand +dirhams or more than (AED 500,000) five hundred thousand dirhams. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (45) +Disclosure of Confidential Information at Wor k +Whoever discloses any confidential information obtained at or because of his work or by +virtue of his job or profession using one of the ITE without being authorized to disclose it, or +without permission from the person concerned to disclose or use the s ecret shall be punished +with imprisonment for at least (6) six months and/ or a fine of not less than (AED 200,000) +two hundred thousand dirhams or more than (AED 1,000,000) one million dirhams. +If the offender uses said information to gain benefits for hi mself or for third parties, this shall +be deemed an aggravating circumstance. + + + + + +Federal Decree -Law of 202 1 on Countering Rumors and Cybercrimes 26 + " +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (46) +Calling for and Promoting the Collection of Donations Without a License +Whoever creates, manages, or supervises a website or disseminates information on the +information network or any ITE to call for or promote collection of donations without a +licenses approved by the competent authority or in violation of the conditions of t his licen ses +shall be punished with imprisonment and/ or a fine of not less than (AED 200,000) two +hundred thousand dirhams or more than (AED 500,000) five hundred thousand dirhams. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (47) +Conducting Statistical Surveys or Questionnaires Without a License +Whoever uses an information program, information network, or ITE to conduct statistical +surveys or questionnaires without permit from the competent authority shall be punished +with imprison ment and/ or a fine of not less than (AED 100,000) one hundred thousand +dirhams or more than (AED 500,000) five hundred thousand dirhams. +In the event that offender intends to affect or harm the interests of the UAE, the penalty shall +be temporary imprison ment. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (48) +Advertisements and Promotions Misleading the Consumers +Whoever uses an information network, any ITE, or a website to commit any of the following +acts shall be punished with imprisonment and/ or a fine of not less than (AED 20,000) twen ty +thousand dirhams or more than (AED 500,000) five hundred thousand dirhams: +1. Promote a good or service through a misleading advertisement or technique which +include inaccurate data . +2. Advertise, promote, mediate, or deal in any form or encourage dealing with a virtual or +digital currency, a stored unit of value, or any payment unit that is not officially recognized +in the UAE or without obtaining a license from the competent authority. + + +Federal Decree -Law of 202 1 on Countering Rumors and Cybercrimes 27 + " +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (49) +Promoting Medical Products without license +Whoever creates, manages, or supervises a website or publishes information on an +information network or any ITE to promote or sell unlicensed medical products, or copies of +licensed medical products shall be punished with imprisonment and/ or a fine. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (50) +Unlawful Use of Communication Services or Broadcast Channels +Whoever uses or helps third parties use communication services of audio or video broadcast +channels unlawfully through the use of information network or any ITE shall be punished +with imprisonment for at least one year and/ or a fine of not less than (AED 250,000) two +hundred fifty thousand dirhams or more than (AED 1,000,000) one million dirhams. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (51) +Cyberbeggi ng +Whoever commits the crime of begging using any ITE through mendicity or any other form or +means shall be punished with imprisonment for not more than (3) three months and/ or a +fine of not less than (AED 10,000) ten thousand dirhams. +The same penalty sh all be imposed on whoever uses any ITE to request assistance from +federal or local government entities or one of their officials in an offensive manner or contrary +to the truth. + +Part Two +Crimes of Spreading Rumors and False News +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (52) +Spreading Rumors and False News +1. Whoever uses the information network or any ITE to announce, disseminate, re - +disseminate, circulate, or recirculate false news or data, or false, tendentious, misleading +or erroneous rumors or reports, or rumors or reports contrary to what has been +Federal Decree -Law of 202 1 on Countering Rumors and Cybercrimes 28 + announced officially, or broadcasts any provocative advertisements that would incite or +provoke the public opinion, disturb the public peace, spread terror among people, or +cause harm to the public interest, the national e conomy, the public order, or the public +health shall be punished with imprisonment for at least one year and a fine of not less +than (AED 100,000) one hundred thousand dirhams. +2. If any of the acts abovementioned in Clause (1) of this Article results in inci tement and +provocation of the public opinion against any of the UAE's authorities or entities, or is +committed during epidemics, crises, emergencies or disasters, the penalty shall be +imprisonment for at least (2) two years and a fine of not less than (AED 200,000) two +hundred thousand dirhams. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (53) +Making Available and Refraining from Removing Illegal Content +Whoever uses a website or electronic account to commit any of the following acts shall be +punished with a fine of not less than (AED 300,00 0) three hundred thousand dirhams or more +than (AED 1,000,000) one million dirhams: +1. Stores, makes available or publishes illegal content and does not remove it or prevent +access to this content within the period specified in the orders issued to him as sti pulated +in this Decree -Law . +2. Refuses to comply, in whole or in part, with any of the orders issued to him and stipulated +in this Decree -Law without an acceptable excuse. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (54) +Creating or Modifying E -robots To Disseminate False Data inside The UAE +Whoever creates or modifies an e -robot with the intention of disseminating, re -disseminating, +or circulating false data or news inside the UAE, or enabling third parties to disseminate, re - +disseminate or circulate it shall be punished with imprisonment for not more than (2) two +years and/ or a fine of not less than (AED 100,000) one hundred thousand dirhams or more +than (AED 1,000,000) one million dirhams. The punishment shall be augmented in the event +that there are multiple offenders. +Federal Decree -Law of 202 1 on Countering Rumors and Cybercrimes 29 + " +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (55) +Obtaining a Gift in Return for Spreading Illegal Content or False Data +Whoever requests, accepts or takes, directly or indirectly, or is promised of a materialistic of +non -materialistic gift or benefit, whether inside or outside the UAE, in return for publ ishing or +re-publishing illegal content or any of the false data in the UAE using any ITE shall be punished +with temporary imprisonment and a fine of not more than (AED 2,000,000) two million +dirhams. A judgment shall be made to forfeit the material gift o r benefit obtained by him. In +the event that it is not possible to seize the same, a fine equal to the value of what has been +requested, offered, or accepted shall be imposed. +Whoever manages, or supervises, rents or purchases advertising space on an offen sive +account or website shall be punished with the same penalty. +The competent authorities may consider a website or an electronic account offensive if the +authority verifies that it has repeatedly published false data or content in violation of the law. + +Chapter Three +Special Provisions Concerning the Penalties and Measures Forfeiture +Penalty +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (56) +Without prejudice to the rights of bona fide third parties, in the event of being convicted, the +devices, programs, or means used in committing any of t he crimes stipulated in this Decree - +Law, or the funds obtained from it shall be forfeited and the information or data shall be +deleted. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (57) +Penalty for Attempted Misdemeanor +Attempted misdemeanors stipulated in this Decree -Law shall be subject t o half of the penalty +prescribed for the committed crime . + + +Federal Decree -Law of 202 1 on Countering Rumors and Cybercrimes 30 + " +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (58) +The Penalty for the Person Responsible for De Facto Management of the +Legal Person +The person responsible for the actual management of the legal person shall be punished with +the same penalties prescribed for the acts committed in violation of the provisions of this +Decree -Law if it is proven that he was aware of them and that his failure to comply with of the +duties imposed on him by that management has contributed to commission o f the crime. The +legal person shall be jointly liable to pay the fines or compensations imposed if the violation +was committed by one of its employees in the name and for the benefit of the legal person. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (59) +Punitive Measures +Upon rendering a judgment of conviction of any of the crimes stipulated in this Decree -Law, +the court may decide to take any of the following measures: +1. Order that the convict be placed under electronic supervision or monitoring, be deprived +of using any informa tion network, IS, or ITE, or be placed in a treatment shelter or +rehabilitation center for the duration the court deems appropriate . +2. Close down the violating site completely or partially whenever this is technically feasible. +3. Block the violating site completely or partially for the duration decided by the court. +Whoever violates any of the measures awarded shall be punished with imprisonment for not +more than one year or a fine of not more than (AED 5,000) five thousand dirhams, and the +court may order a prolongation of the measure for a period not exceeding half of the +sentenced period and, in any case, not more than (3) three years. Otherwise, the court may +replace it with any other measure from among the aforementioned measures. + + + + + +Federal Decree -Law of 202 1 on Countering Rumors and Cybercrimes 31 + " +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (60) +Aggr avating Circumstances +In implementation of the provisions of this Decree -Law, the following shall constitute +aggravating circumstances: +1. The offender commits any of the crimes stipulated in this Decree -Law during or due to the +performance of his job . +2. The of fender uses the information network, any IS, website, or ITE to commit any crime +that is not provided for in this Decree -Law . +3. The offender commits any of the crime stipulated in this Decree -Law for the account or +interest of a foreign country, any hostile group, terrorist group or illegal organization. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (61) +Exemption from Punishment +1. At the request of the Attorney General, the court may reduce or exempt from the +punishment if the offender provides the judicial or administrative authorities with +information related to any of the crimes stipulated in this Decree -Law whenever this +information leads to the detection of the crime and its offenders, or to proving their +involvement, or the arrest of one of them. +2. In respect of crimes aff ecting the security of the UAE, the Attorney General of the UAE +alone may request the court before which the case is heard to apply the provisions of the +preceding paragraph in cases other than those stipulated in the preceding paragraph if the +request is related to the supreme interest of the UAE or any other national interest. If a +judgment is rendered in the case, he may submit the request to the court that has rendered +the judgement before or during its execution. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (62) +Writs To Correct, Interr upt, Disable And Block Access +In respect of the crimes stipulated in article (71) of this Decree -Law, the competent authorities +may, either sua sponte or at the request of the Prosecutor -General, issue any of the writs +Federal Decree -Law of 202 1 on Countering Rumors and Cybercrimes 32 + stipulated in this Decree -Law if they have verified the dissemination, re -dissemination, or +circulation of illegal content or content containing false data. +The writs provided for in this Decree -Law shall be issued by the competent authorities using +the available methods including electronic methods. +The writs shall be sent, according to their nature, to the person concerned or to whomever +this person appoints or selects to receive them on his behalf. +The procedures stipulated in this Article do not prejudice the authority of the Public +Prosec ution to take any actions it deems appropriate regarding the criminal case in +accordance with the law. + + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (63) +Grievance and Appeal Against Orders +Any person against whom any of the writs stipulated in this Decree -Law have been issued +may file a grievance against them through filing of a grievance with the competent authorities +within (3) three working days from the date on which he became aware of issuance of the +writ, and the competent authority shall decide on the grievance within one week from the +date of filing it. Passage of this period without a response shall be deemed a rejection of the +grievance. +If the grievance is rejected, this person may file an appeal against the decision before the +Federal Court located in the headquarters of the UA E's capital within one week from the date +of the rejection or the passage of the period for deciding on the grievance. +The appeal shall be filed by submitting a Statement accompanied by the evidence and +documents to the case management department at the co urt before which the appeal is filed. +The court shall consider the appeal in camera and shall decide on it within (7) seven days by +making a decision either to revoke those writs in whole or in part, or to reject the appeal after +hearing the litigants' requests, and its decision shall be final. + + +Federal Decree -Law of 202 1 on Countering Rumors and Cybercrimes 33 + " +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (64) +Cases of Non -Absence of Criminal Liability +In implementation of the provisions of this Decree -Law, the following shall not be considered +as grounds for absence of criminal liability: +1. The person is subject to a duty under any legislation, legal rule, contract or code of conduct +that restricts or prevents him from complying with any part of the writs set forth in this +Decree -Law. +2. The person concerned or his representative submits a grievanc e or an appeal, as +applicable, against these writs in accordance with the provisions of article (63) of this +Decree -Law. + +Section Tw o +Procedural and Final Provisions +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (65) +Probative Force of Evidence +The evidence derived or extracted from electronic devices, equipment, media, or drives, +information system, computer programs, or from any ITE shall have the same probative force +of physical forensic evidence as a criminal evidence. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (66) +Powers of the Attorney General +1. In the cases where the criminal case lapses due to amicable settlement or compromise in +accordance with the provisions of this Decree -Law, the Attorney General may order that +the accused be placed under supervision or monitoring or be deprived of using any +information network, IS. or any other ITE, or undergo a rehabilitation program for the +duration he deems appropriate. +2. 2. whenever there is an evidence that a website broadcasting from inside or outside the +UAE has dis played any phrases, numbers, photos, films, or any advertising materials or +etc. which constitute one of the crimes stipulated in article (71) of this Decree -Law, or +Federal Decree -Law of 202 1 on Countering Rumors and Cybercrimes 34 + constitutes a threat to the national security or endangers the security of the UAE or its +national economy, the Attorney General may order the blocking of the website(s) subject +of the broadcast whenever it is technically feasible, or may issue any of the orders +stipulated in this Decree -Law. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (67) +Amicable Settlement +Either the court or the Public Prosecution, as the case may be, may accept amicable settlement +with the person accused in the crimes stipulated in Articles (13), (19), (24), (25), (26), (27), +(28), (47), (48), (49), (50), (51), (52) and (53) of this Decree -Law as follows: +1. Amicable settlement may take place before the criminal case is referred to the court, +against paying an amount that is not less than half the minimum fine or more than half +the maximum fine prescribed for the crime. +2. Amicable settlement may take place after the criminal case is referred to the court but +before a final judgment is rendered, against paying an amount that is not less than double +the minimum fine prescribed or more than two -thirds of the maximum fine. +3. Amicable settlement shall give rise to lapse of the criminal case and shall not affect the +rights of the victim of the crime, if necessary. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (68) +Invoking Amicable Settlement with the Victim +In the crimes stipulated in Articles (2) Clause (1), (6) Clause (1), (9) Clause (1), (11) Clause (1) , +(42) Clause (1), (43), (44) and (45) of this Decree -Law, the accused may invoke the amicable +settlement taking place with the victim or his representative either before the public +prosecution or the court, as the case may be, irrespective of the status o f the criminal case but +before the judgment becomes final. The same shall be made in accordance with provisions of +penal reconciliation stipulated in the Criminal Procedure Code abovementioned. + + +Federal Decree -Law of 202 1 on Countering Rumors and Cybercrimes 35 + " +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (69) +Entry into Force +Without prejudice to the provisions of the aforementioned Penal Code, the provisions of this +Decree -Law shall apply to everyone who commits any of the crimes stipulated in this Decree - +Law outside the UAE in the following cases: +1. If the crime involves an IS, an information network, a website, or ITE whether relating or +belonging to one of the government entities . +2. If the crime was prepared, planned, directed, supervised or financed inside the UAE . +3. If the crime affects the security of the UAE whether at home or abroad, or affects any o f its +interests, or harms any of its nationals or residents . +4. If the offender is found in the UAE after the crime had been committed and was not +extradited. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (70) + Judicial Officers +The employees, upon whom the capacity of judicial officers is conf erred pursuant to a +resolution by the Minister of Justice or the head of the local judicial entity, as applicable, may +detect and detect the acts committed in violation of the provisions of this Decree -Law. The +local authorities inside the Emirates shall p rovide these employees with necessary facilities to +enable them to discharge their duties. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (71) +Crimes against the security of the UAE +The crimes mentioned in Articles (3), (5), (7), (11) Clause (3), (12) Clause (3), (13), (19), (20), +(21), (22), (23), (24), (25), (26), (27), (28), (47) Para (II), (52), (53) and (55) of this Decree -Law +shall be classified as crimes against UAE's security . +In addition, any crime stipulated in this Decree -Law shall be classified as a crime against the +UAE's security if it is committed for the benefit or interest of a foreign country, terrorist group, +gang, or illegal organization or entity. +Federal Decree -Law of 202 1 on Countering Rumors and Cybercrimes 36 + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (72) +Imposition of the More Severe Punishment +Imposition of the penalties stipulated in this Decree -Law shall not prejudice any more severe +penalty stipulated in the Penal Code or any other law . +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (73) +Repeals +The Decree -Law No. (5) of 2012 on Combating Cybercrimes is hereby repealed. In addition, +any provision shall also be repealed to the extent that they contradict or contravene with the +provisions of this Decree -Law. + +" +security and safety,Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes,"Article (74) +Publication and Entry of the Decree -Law Into Force +This Decree -Law shall be published in the Official Gazette and shall enter into force as of 02 +January, 2022A.D. + + + + + + + +Khalifa bin Zayed Al Nahyan +President of the United Arab Emirates + +Issued by us at the Presidential Palace in Abu Dhabi: +On: 13 Safar, 1443 A.H. +Corresponding to: 20 September, 2021 A.D. " +security and safety,"Federal Law by Decree No (34) of 2023 Concerning Combating Discrimination, Hatred and Extremism","Article (1) +In applying the provisions of this Decree by Law, the following words and expressions shall +have the meanings assigned to each of them, unless the context otherwise requires: +State : The United Arab Emirates (UAE). + +Religions : The Heavenly Religions, Islam, Christianity, and Judaism. +Houses of Worship : Mosques, Churches and Temples. +Blasphemy : Every act that would insult Divine Essence, religions, prophets, +messengers, divine books, or Houses of Worship in accordance with the provisions of this Decree by Law. +Discrimination : Any distinction, restriction, exclusion or preference betw een +individuals or groups on the basis of religion, creed, sect, sect, race, +colour, ethnic origin, gender or sex, taking into account the laws in Federal Law by Decree of 2023 Concerning Combating Discrimination, Hatred and Extremism 2 + force in the State. +Hate Speech : Any statement or action that might incite discord, strife, or +discrimination between individuals or groups. +Extremism : Any action carried out by one or more people or groups motivated +by ideas, ideologies, values, or principles that would disrupt public order, or would express blasphemy, discriminate, or incite hate +speech. +Means : Information network, communications networks, websites, +industrial materials, information technology means, or any means of reading, audio, or visual. +Methods of Expression +: Speaking, writing, drawing, pointing, photographing, singing, acting, +or gesturing. + +" +security and safety,"Federal Law by Decree No (34) of 2023 Concerning Combating Discrimination, Hatred and Extremism","Article (2) +Without prejudice to any severer penalty stipulated in any other law, the crimes stated in this +Law by Decree shall be punished with the penalties stipulated therein. + +" +security and safety,"Federal Law by Decree No (34) of 2023 Concerning Combating Discrimination, Hatred and Extremism","Article (3) +Freedom of opinion and expression may not be inv oked to commit any statement or action that +would incite blasphemy or harm them, in violation of the provisions of this Decree by Law. + +Section Two +Crimes and Penalties +" +security and safety,"Federal Law by Decree No (34) of 2023 Concerning Combating Discrimination, Hatred and Extremism","Article (4) +1. Anyone who commits any of the following acts shall be deemed to have comm itted the +crime of blasphemy: +2. Slander, challenge, or insult the Divine Essence. Federal Law by Decree of 2023 Concerning Combating Discrimination, Hatred and Extremism 3 + 3. Insult, defame, slander, mock or curse any of the religions or any of their rituals or sanctities, +or disrupting the holding of licensed religious rituals or celebrations or disrupting them with +violence or threats. +4. Infringe on any of the divine books by distort, destroy, desecrate, or insult in any way. +5. Insult, mock, defame, or curse one of the prophets, messengers, their wives, family, or companions. +6. Destroy, damage, abuse hou ses of worship, cemeteries, graves or their annexes or any of +their contents. + +" +security and safety,"Federal Law by Decree No (34) of 2023 Concerning Combating Discrimination, Hatred and Extremism","Article (5) +1. Anyone who commits one of the acts stipulated in Clauses (2, 3, and 5) of article (4) of this +Decree by Law, by any means of expression or other forms or by using any means, shall be +punished by imprisonment for a period of not less than one year and a fine of not less than +(AED 250,000) two hundred and fifty thousand UAE Dirhams and not exceeding (AED +1,000,000) one million UAE Dirhams, or by one of these two penalt ies. +2. Anyone who commits one of the acts stipulated in Clauses (1 and 4) of article (4) of this Decree by Law, by any means of expression or other forms or by using any means shall be +punished by imprisonment for a period of not less than (2) two years and a fine of not less +than (AED 500,000) five hundred thousand UAE Dirhams and not more than (AED +2,000,000) two million UAE Dirhams. + +" +security and safety,"Federal Law by Decree No (34) of 2023 Concerning Combating Discrimination, Hatred and Extremism","Article (6) +Anyone who commits act that would cause any form of discrimination by any means of expression or by using any me ans shall be punished by imprisonment for a period of not less +than one year and a fine of not less than (AED 500,000) five hundred thousand UAE Dirhams +and not more than (AED 1,000,000) one million UAE Dirhams. Federal Law by Decree of 2023 Concerning Combating Discrimination, Hatred and Extremism 4 + " +security and safety,"Federal Law by Decree No (34) of 2023 Concerning Combating Discrimination, Hatred and Extremism","Article (7) +Anyone who commits an act that would incite hate speech by any means of expression or by +using any means of means shall be punished by imprisonment for a period of not less than one +year and a fine of not less than (AED 500,000) five hundred thousand UAE Dirhams and not +more than (AED 1,000,000) one million UAE Dirhams or by one of these two penalties. + +" +security and safety,"Federal Law by Decree No (34) of 2023 Concerning Combating Discrimination, Hatred and Extremism","Article (8) +Anyone who uses a method of expression or means to incite tribal strife with the intention of +inciting hatred between individuals and groups shall be punished by imprisonment for a period +of not less than (6) six months and a fine of not less than (AED 50,000) fifty thousand UAE +Dirhams, or by one of these two penalties. + +" +security and safety,"Federal Law by Decree No (34) of 2023 Concerning Combating Discrimination, Hatred and Extremism","Article (9) +1. If the crimes stipulated in Articles (5), (6), and (7) of this Decree by Law are committed by a +public employee during, because of, or on the occasion of performing his work, or by a +person with a religious capacity or in charge of it, or if the act occurs in House of Worship, +this shall be deemed an aggravating circumstance. +2. The penalty shall be t emporary imprisonment for a period not exceeding (5) five years and a +fine not less than (AED 500,000) five hundred thousand UAE Dirhams, if the acts stipulated +in Clause (1) of this Article lead to a breach of public peace. + +" +security and safety,"Federal Law by Decree No (34) of 2023 Concerning Combating Discrimination, Hatred and Extremism","Article (10) +1. Anyone who explo its religion to accuse individuals or groups of infidelity using any form of +expression or using any means, in order to achieve private interests or illegal purposes, shall +be punished with temporary imprisonment. +2. The penalty shall be execution if the accu sation by infidelity is proven with incitement to +murder, and the crime occurs as a result of that. + Federal Law by Decree of 2023 Concerning Combating Discrimination, Hatred and Extremism 5 + +" +security and safety,"Federal Law by Decree No (34) of 2023 Concerning Combating Discrimination, Hatred and Extremism","Article (11) +Whoever produces, manufactures, promotes, sells, or offers for sale or trading of products, +goods, publications, recordings, films, tapes, CD s, computer programme s, smart applications, +data in the electronic field, or any industrial materials or other things that include a method of expression, and that are likely to express blasphemy, discriminate, or incite hate speech, shall be +punished by imprisonment for a period of not less than (2) two years and a fine of not less than +(AED 500,000) five hundred thousand UAE Dirhams and not exceeding (AED 2,000,000) two +million UAE Dirhams, or by one of these two penalties. + +" +security and safety,"Federal Law by Decree No (34) of 2023 Concerning Combating Discrimination, Hatred and Extremism","Article (12) +1. Anyone who obtains or possesses documents, publications, recordings, films, tapes, or CDs +or computer programmes, smart applications, data in the electronic field, any industrial +materials, or any other things that include a method of expression if they are prepared for +distribution or information to others, with the intention of contempt of religions, +discrimination, or inciting hate speech shall be punished by imprisonment for a period of not less than one year and a fine of not less than (AED 50,000) fifty thousand UAE Dirhams +and not exceeding (AED 200,000) two hundred thousand UAE Dirhams, or one of these two +penalties. +2. Anyone who obtains or possesses any special means of printing, recording, preserving, +broadcasting, viewing, publishing, broadcasting or promoting for use in committing any of +the crimes stipulated in this Decree by Law with his knowledge shall be punished with the same penalty. + +" +security and safety,"Federal Law by Decree No (34) of 2023 Concerning Combating Discrimination, Hatred and Extremism","Article (13) +Whoever establishes, institutes, organises, or manages an association, centre, body, organisation, organisation, group, shall be punished by imprisonment for a period no less than Federal Law by Decree of 2023 Concerning Combating Discrimination, Hatred and Extremism 6 + (10) ten years or violation of one of them, or uses any means to do so, for blasphemy, +discrimination, or provoking, encouraging or promoting hate speech. + +" +security and safety,"Federal Law by Decree No (34) of 2023 Concerning Combating Discrimination, Hatred and Extremism","Article (14) +Anyone who joins, p articipates in, or assists in any of the entities stipulated in article (13) of this +Decree by Law shall be punished by imprisonment for a period not exceeding (7) seven years, +with knowledge of its objectives. + +" +security and safety,"Federal Law by Decree No (34) of 2023 Concerning Combating Discrimination, Hatred and Extremism","Article (15) +1. Anyone who holds or organises a conference or meeting in the State if its purpose is to +disdain religions, discriminate, or incite hate speech shall be punished with imprisonment for a period of no less than (5) five years. +2. Anyone who participates in the conference or meeting while know ing its objectives shall be +punished with the same penalty. +3. The Public Authority may dissolve the conference or meeting, using force when necessary. + +" +security and safety,"Federal Law by Decree No (34) of 2023 Concerning Combating Discrimination, Hatred and Extremism","Article (16) +Anyone who offers, offers, requests, accepts, obtains, delivers, or receives money or material +support, directly or indirectly, shall be punished by imprisonment and a fine of not less than +(AED 250,000) two hundred and fifty thousand UAE Dirhams and not exceeding (AED +1,000,000) one million UAE Dirhams. When this is done with the intention of com mitting one +of the acts punishable under the provisions of this Decree by Law. + +" +security and safety,"Federal Law by Decree No (34) of 2023 Concerning Combating Discrimination, Hatred and Extremism","Article (17) +The representative, manager or agent of a legal person, if one of the crimes stipulated in this +Decree by Law is committed by one of his employees in his name and for his benefit, shall be +punished with the same penalties prescribed for the committed crime, if his knowledge of it is proven. Federal Law by Decree of 2023 Concerning Combating Discrimination, Hatred and Extremism 7 + The legal person shall be jointly responsible for fulfilling the financial penalties or compensation +imposed. + +Section Three +Special Substantive Provisions + " +security and safety,"Federal Law by Decree No (34) of 2023 Concerning Combating Discrimination, Hatred and Extremism","Article (18) +1. The risk of extremism exists in a person who commits any of the crimes stipulated in this Decree by Law if he adopts extremist ideology such that he fears that he will commit +another crime of the crimes stipulated in this Decree by Law. +2. If the person has the risk of extremism stipulated in Clause (1) of this Article, he may be +placed in one of the Counselling Centres, by ruling from the Court and upon a request from +the Public Prosecution Office. +3. The Counselling Centre shall submit to the Public Prosecution Office a periodic report every (3) three months about the deposited person. The Public Prosecution Office shall submit +these reports to the Court along with its opinion. The Court shall order the release of the +deposited person if it becomes clear to it that his condition allows that. + +" +security and safety,"Federal Law by Decree No (34) of 2023 Concerning Combating Discrimination, Hatred and Extremism","Article (19) +1. The Court, upon a request from the Public Prosecution Office, may order that anyone who has the risk of extremism stipulated in article (18) of this Decree by Law be subjected, for a +period determined by the Court, to one or more of the following measures: +a. Travel ban. +b. Surveillance. +c. Prohibition of residing in a specific place or area. +d. Determination of r esidence in a particular place. +e. Prohibition of visiting certain places or locations. +f. Prevention of contact with a specific person or persons. Federal Law by Decree of 2023 Concerning Combating Discrimination, Hatred and Extremism 8 + 2. The Public Prosecution Office shall supervise the implementation of the measures. It shall +submit to the Court that ordered it reports on the behaviour of the person subject to the +measure in periodic periods, none of which may exceed (3) three months. +3. The Court may order to terminate the measure, amend it, or reduce its duration based on a +request from the Public Pro secution or the person subject to the measure. If the request of +the person subject to the measure is rejected, he may not submit a new request until three (3) months have passed from the date of its rejection. +4. The person subject to the measure shall be pu nished with imprisonment for a period not +exceeding one year if he violates the measure ordered by the Court. + +" +security and safety,"Federal Law by Decree No (34) of 2023 Concerning Combating Discrimination, Hatred and Extremism","Article (20) +1. The Cabinet, based on the proposal of the Chief of the Presidential Office, may issue a +decision that includes the creation of a list or lists in which extremist organisations or persons +are included, defined in accordance with the provisions of this Decree by Law. Such list poses a +danger to the State or which the State is internationally obligated to include on these lists. +2. The Cabinet Resolution establishing the lists determines the rules for inclusion in them, +deletion from them, and re -listing in them, and the legal effects arising from all of that, and +specifies the entity or entities responsible for this and the methods and rules for appeal against +its decisions. +3. Anyone whose name is included in the extremist lists may file appeal against the listing +decision. If the appeal is rejected or not responded to within (60) sixty days from the date of its +submission, the Complai nant may appeal the listing decision before the Competent Court +within (60) sixty days from the date of knowledge by rejecting the appeal or missing the +deadline to respond to it. +4. The decision shall specify the methods and rules for reviewing extremist lists, provided that the review takes place at periodic intervals, none of which exceeds one year. + Federal Law by Decree of 2023 Concerning Combating Discrimination, Hatred and Extremism 9 + " +security and safety,"Federal Law by Decree No (34) of 2023 Concerning Combating Discrimination, Hatred and Extremism","Article (21) +Without prejudice to the imposition of the penalties stipulated in this Decree by Law, the Court +shall rule in all cases as follows: +1. Dissolve or close associations, centres, bodies, organisations, groups and their branches +temporarily or permanently. +2. Confiscate funds, luggage, tools or papers used to commit the crimes stipulated in this +Decree by Law, without prejudice to the rights of bona fid e third parties. +3. Deport a convicted foreigner who commits the crimes stipulated in this Decree by Law from the State after carrying out the sentence imposed on him. + +" +security and safety,"Federal Law by Decree No (34) of 2023 Concerning Combating Discrimination, Hatred and Extremism","Article (22) +1. Any Perpetrator of one of the crimes stipulated in this Decree by Law shall b e exempted +from the penalties stipulated in this Decree by Law by informing the Judicial Authorities or Concerned Authorities of what he knows about it before commencing the crime that would +lead to uncovering the crime before it is committed or arrest its Perpetrators or preventing +its completion. +2. If the report is made after the crime is committed, he may be exempted from the penalty or +being reduced if the Perpetrator enables the Judicial Authorities or Relevant Authorities +during the investigation to arr est other Perpetrators of the crime. + +" +security and safety,"Federal Law by Decree No (34) of 2023 Concerning Combating Discrimination, Hatred and Extremism","Article (23) +1. Without prejudice to the text of Clause (2) of this Article, the Courts of each Emirate shall adjudicate the crimes stipulated in this Decree by Law in accordance with the rules of +jurisdiction. +2. The Federa l Courts in the State capital shall be solely responsible for the following: +a. Adjudicate the crimes stipulated in this Decree by Law if they are committed by a listed +person or group or previously included on extremist lists, or if one of these crimes is +committed as a result of extremism. Federal Law by Decree of 2023 Concerning Combating Discrimination, Hatred and Extremism 10 + b. Adjudicate one of the measures stipulated in Articles (18) and (19) of this Decree by Law +when there is a danger resulting from extremism. +3. The Federal Public Prosecution shall be responsible for procedures related to the m easures +stipulated in Clause (2/B) of this Article. The Competent Public Prosecution shall refer it to it when there is evidence of the danger resulting from extremism. + +Section Four +Final Provisions +" +security and safety,"Federal Law by Decree No (34) of 2023 Concerning Combating Discrimination, Hatred and Extremism","Article (24) +In applying the provisions of this Decree b y Law, every advantage, merit, or benefit determined +under the provisions of any other legislation in the State for women, children, people with +disabilities, the elderly, or others shall not be considered prohibited discrimination. + +" +security and safety,"Federal Law by Decree No (34) of 2023 Concerning Combating Discrimination, Hatred and Extremism","Article (25) +1. Federal D ecree Law No. (2) of 2015 Concerning Combating Discrimination and Hatred. +2. Any provision conflicting or contradicting with the provisions hereof shall be repealed. + +" +security and safety,"Federal Law by Decree No (34) of 2023 Concerning Combating Discrimination, Hatred and Extremism","Article (26) +This Law by Decree shall be published in the Official Gazette and shall come into force one +month after the date of its publication. + + +Mohammed Bin Zayed Al Nahyan +President of the United Arab Emirates + +Issued by us at the Presidential Palace – Abu Dhabi: +On: September 28, 2023 +corresponding to: Rabi ’ al-Awwal 13, 1445 H " +security and safety,Federal Decree by Law No. (39) of 2023 Concerning the Regulation of the Federal DNA Fingerprinting Database,"Article (1) +Definitions +In application of the provisions of this Decree by Law, the following terms and expressions +shall have the meanings ascribed thereto, unless the context requires otherwise: +State : United Ara b Emirates (UAE). +Ministry : Ministry of Interior +Minister : Minister of Interior. +Concerned Authority : The Authority concerned with DNA Fingerprinting at the General +Police Headquarters or the Competent Authority in the Emirate. +DNA Finger printing : Fixed G enetic Trait or Pattern that distinguishes each person from +another. It is repeated only in rare cases such as identical twins. +The DNA Fingerprinting is produced after analysing the DNA in +specific and highly variable locations. +Deoxyri bonucleic +acid (DNA ) : A biochemical molecular, is a vital compound found in the +nucleus of all cells that make up the human body (except red +blood cells). A person inherits it from his parents, and stores all +Federal Decree by law of 2023 Con cernng the Regulation of the Fed eral DNA Fingerpr inting Database 2 + the basic data for cell construction and the f ormation and +develop ment of the human being in specific form and traits. +Biological Sample : A part of the human body or its biological secretions used to +determine its DNA Fingerprinting. +DNA Analysis : A group of tests and techniques that are performed on Biological +Samples a nd traces to determine the traits or patterns of the DNA +Fingerprinting. +Coding DNA Regions : Areas in the DNA complex that contain instructions for building a +specific protein in the body. +Non -Coding DNA +Regions : Areas in the DN A complex that do not co ntai n instructions for +building a specific protein in the body. + +Trace : Any material linked to a Biological Sample found at a crime scene, +accident, or any other place. + +Buccal Swab : Method of taking a Biological Sample containi ng DNA from inside +the mouth. +DNA Fingerprinting +Database : Computer system that stores DNA Fingerprinting Data related to +Biological Samples and effects on which a DNA Fingerprinting is +performed. + + +" +security and safety,Federal Decree by Law No. (39) of 2023 Concerning the Regulation of the Federal DNA Fingerprinting Database,"Article (2) +Objectives of the Decree by Law and Rules for its interpretation +This Decree by L aw aims and its provisions shall be interpreted as follows: +1. Respect the dignity of persons and the sanctity of their private lives. +2. Ensure the data confidentiality of the DNA Fingerprinting. +Federal Decree by law of 2023 Con cernng the Regulation of the Fed eral DNA Fingerpr inting Database 3 + 3. Do not use DNA Fi ngerprinting Data except within the lim its of the purposes stipulated in +this Decree by Law. + +" +security and safety,Federal Decree by Law No. (39) of 2023 Concerning the Regulation of the Federal DNA Fingerprinting Database,"Article (3) +Federal DNA Fingerprinting Database +A Database called the “Federal DNA Fingerprinting Database” shall be established in the +Ministry. The Minister sha ll issue controls, conditions, and proce dures for feeding and using +the Database. +" +security and safety,Federal Decree by Law No. (39) of 2023 Concerning the Regulation of the Federal DNA Fingerprinting Database,"Article (4) +Use of Federal DNA Fingerprinting Database +Use of Federal DNA Fingerprinting Database shall be for the following objectives: +1. Investigate crimes and identify th eir Perpetrators. +2. Identify victims of crises, disasters and accidents. +3. Identify unknown bodies, remains, or human body parts. +4. Identify unidentified and missing persons. +5. Any other objectives as decided by the Cabinet. + +" +security and safety,Federal Decree by Law No. (39) of 2023 Concerning the Regulation of the Federal DNA Fingerprinting Database,"Article (5) +Data and Infor mation Confidentiality +1. The data and in formation related to the DNA Fingerprinting entered into the Federal DNA +Fingerprinting Database shall be confidential. +2. The data and information related to DNA Fingerprinting may not be disclosed, circulated, or +published except in cases authorised by l aw. + +" +security and safety,Federal Decree by Law No. (39) of 2023 Concerning the Regulation of the Federal DNA Fingerprinting Database,"Article (6) +Sources of Biological Samples +1. The following categories shall provide Biological Samples: +a. Inmates in penal and correctional facilities and those detained in criminal cases. +Federal Decree by law of 2023 Con cernng the Regulation of the Fed eral DNA Fingerpr inting Database 4 + b. Anyone arrested at the scene of a crime or accident or susp ected of committing a felony +or misdemeanour. +c. Victims and those present at the crime scene to distinguish their traces from those of +suspects. +d. Missing or absent persons after being found. +e. Employees working to collect, pr eserve and examine Biologic al Samples and Records for +examining the DNA Fingerprinting. +2. The Ministry or the Concerned Authority shall collect the samples submitted under Clause +(1) of this Article, conduct DNA Fingerprinting, and include them in the Fed eral DNA +Fingerprinting Dat abase. +3. The Ministry or the Concerned Authority shall collect the Biological Samples and conduct +DNA Fingerprinting, and include them in the Federal DNA Fingerprinting Database from the +following sources: +a. Identify traces, dead bodies, remains, or huma n bo dy parts. +b. Personal belongings of missing or absent persons. +c. Employees exposed to danger or accidents due to the nature of their work. +d. Volunteers for work and tasks of dangerous nature when the Federal Authority +stipulates that t hey shall do so before carrying out their volunteer tasks. +e. Any other sources as decided by the Cabinet. +4. If one of the sources is a child or an incapacitated person, the Biological Sample shall not be +taken from him except in the presence of one of his p arents, guar dian , or person who takes +care of him upon learning of him if his identity is known. + +" +security and safety,Federal Decree by Law No. (39) of 2023 Concerning the Regulation of the Federal DNA Fingerprinting Database,"Article (7) +Voluntary Bio -specimen Collection +Any person may voluntarily submit a Bio -specimen for a DNA Fingerprinting and have it +included in the Federal DN A Fingerprint ing Database for use in accordance with the purposes +specified under this Decree by Law. +Federal Decree by law of 2023 Con cernng the Regulation of the Fed eral DNA Fingerpr inting Database 5 + +" +security and safety,Federal Decree by Law No. (39) of 2023 Concerning the Regulation of the Federal DNA Fingerprinting Database,"Article (8) +Methods of Biological Samples Collection +The Ministry and the Concerned Authority shall collect Biological Samples from people using +Buccal S wab, and by re solution of the Minister. Other collection methods that do not pose any +risks to people lives or safety may be used . + + +" +security and safety,Federal Decree by Law No. (39) of 2023 Concerning the Regulation of the Federal DNA Fingerprinting Database,"Article (9) +Biological Samples Analysis +1. Employees in the Ministry and the Concerned Authority shall conduct DNA Analysis of +Biological Samples on the following genetic regions only: +a. Non -Coding DNA Regions. +b. The area re sponsible for determining sex. +2. Employees in the Ministry and the Concerned Authority may not: +a. Conduct DNA Analysis of Biological Samples on other Coding DNA Regi ons +responsible for determining the race, diseases, or phenotypic traits of the sample +owner, except in the following cases: +1. In implementation of a Court ruling. +2. If the samples are unidentified and taken from traces found at the accident or crim e sce ne. +b. All Biological Samples, conducting a DNA Fingerprinting, or using the Database for +the purposes of proving lineage or kinship, or for any other purposes not stipulated in +article (4) of this Decree by Law, except in implementation of a Court ru ling. + +" +security and safety,Federal Decree by Law No. (39) of 2023 Concerning the Regulation of the Federal DNA Fingerprinting Database,"Article (10) +Biological Samples Preservation +The Ministry and the Concerned Authority shall preserve samples, biological traces and all +compounds resulting from them in designated places prepared for this purpose, safe from +Federal Decree by law of 2023 Con cernng the Regulation of the Fed eral DNA Fingerpr inting Database 6 + damage or tampering in ac cordan ce with the controls and conditions determined by a +resolution of the Minister . + +" +security and safety,Federal Decree by Law No. (39) of 2023 Concerning the Regulation of the Federal DNA Fingerprinting Database,"Article (11) +Biological Samples Execution +1. The Ministry shall destroy the Reference Biological Sample after completing its analysis and +entering its DNA Fingerprinting into t he Federal DNA Fingerprinting Database in accordance +with the controls and conditions determined by a resolution of the Minister. +2. Biological Samples and Traces related to a crime shall not be destroyed except by Court +ruling and provided that the y have been disposed of or a final ruling has been issued, as the +case may be. + +" +security and safety,Federal Decree by Law No. (39) of 2023 Concerning the Regulation of the Federal DNA Fingerprinting Database,"Article (12) +DNA Fingerprinting Removal +Save those convicted of internal and external state security crimes, the DNA Fingerprinting will +be removed from the Federal DNA Fingerp rinting Database in the following cases: +1. A decision by the Public Prosecution Office or the Competent Court to remove the DNA +Fingerprinting from the Federal DNA Fingerprinting Database in the cases it is examining +according to the scope of spatial or s tate jur isdiction. +2. Thirty (30) years lapse since the date of issuance of the ruling on the crimes involving the +persons mentioned in Paragraphs (A), (B), (C) of Clause (1) of article (6) of this Decree by Law. +3. Twenty (20) years lapse since the discov ery of t he missing or absent persons mentioned in +Paragraph (D) of Clause (1) of article (6) of this Decree by Law. +4. Twenty (20) years lapse since the discovery of the identity of the bodies, remains, or human +remains mentioned in Paragraph (A) of Clause (3) of article (6) of this Decree by Law. +5. Upon the request of the sample own er if he is one of the persons mentioned in Paragraphs +(C), (D), (E) of Clause (3) of article (6) of this Decree by Law due to a change in the nature of his +work or the tasks a ssigned to him. +Federal Decree by law of 2023 Con cernng the Regulation of the Fed eral DNA Fingerpr inting Database 7 + 6. Upon the request of the sample owner if he is one of the volunteers mentioned in article (7) +of this Decree by Law. + +Penalties +" +security and safety,Federal Decree by Law No. (39) of 2023 Concerning the Regulation of the Federal DNA Fingerprinting Database,"Article (13) +The imposition of the penalties stipulated in this Law by Decree shall not prejudice any severer +penalty s tipulated in any other law. + +" +security and safety,Federal Decree by Law No. (39) of 2023 Concerning the Regulation of the Federal DNA Fingerprinting Database,"Article (14) +Temporary Imprisonment and a fine not less than (AED 20,000) and not exceeding (AED +100,000) AED shall be imposed on any person who: +1. Use the Federal DNA Database to prove lineage or kinship without a Co urt rulin g. +2. Use the Federal DNA Fingerprinting Database for purposes other than those specified in this +Decree by Law. +3. Disclose, circulate or publish the data contained in the Federal DNA Fingerprinting Database +in violation of the provisions stipula ted in th is Decree by Law. +4. Modify o r delete a DNA Fingerprinting, issue inaccurate data, or conceal its correspondence +in bad faith. +5. Destroy Biological Samples or traces in violation of the provisions stipulated in this Decree +by Law. +6. Use the Biol ogical Sa mples collected in accordance with the provisions of this Decree by Law +for purposes other than those stipulated therein. + +" +security and safety,Federal Decree by Law No. (39) of 2023 Concerning the Regulation of the Federal DNA Fingerprinting Database,"Article (15) +A fine of no less than (AED 5,000) five thousand Dirhams and no more than (AED 20,000) +twenty thousand Dirhams shall be i mposed if those mentioned in Clause (1) of article (6) of +this Decree by Law refrain from giving the Biological Sample without an acceptable excuse. + +Federal Decree by law of 2023 Con cernng the Regulation of the Fed eral DNA Fingerpr inting Database 8 + " +security and safety,Federal Decree by Law No. (39) of 2023 Concerning the Regulation of the Federal DNA Fingerprinting Database,"Article (16) +Save the penalties prescribed for the crimes stipulated in this Decree by Law, anyo ne who +viol ates any other provision of this Decree by Law and the decisions regulating it shall be +punished by imprisonment and a fine not exceeding (AED 100,000) one hundred thousand +Dirhams, or by one of these two penalties. + +" +security and safety,Federal Decree by Law No. (39) of 2023 Concerning the Regulation of the Federal DNA Fingerprinting Database,"Article (17) +Unknown DNA Fin gerprinting +If a DNA Fingerprinting of unknown origin is discovered in any of the crimes of terrorism, +murder, rape, sex crimes against children, serious crimes, or in major accidents and disasters, +and that DNA Fingerprinting does not match any other DNA Fingerprinti ng in the Federal DNA +Fingerprinting Database, the Ministry may research and exchange this DNA Fingerprinting +Data with health authorities, laboratories, and bio -banks operating in the State, or with entities +concern ed with the DNA Fingerprinti ng outside t he State, with the aim of identifying its +owners in accordance with the legislation in force in the State, while taking into account the +privacy and confidentiality of this Fingerprinting Data. + +" +security and safety,Federal Decree by Law No. (39) of 2023 Concerning the Regulation of the Federal DNA Fingerprinting Database,"Article (18) +Jobs of Dangerous Nature +1. By a res olution of th e Minister, a Committee shall be formed whose membership includes +members from the Relevant Authorities to identify and propose jobs of a dangerous nature +from which Biological Samples shall be collected from their occupants, provided that a +resolution sha ll be issued by the Minister to determine these jobs based on the Committee +proposal. +2. The occupants of the positions stipulated in the Minister resolution shall enable the Ministry +or the Con cerned Authority to take the sample. +3. The Admin istrative Aut horities responsible for the occupants of the positions stipulated in +Clause (1) of this Article shall take their measures to enable the Ministry and the Concerned +Federal Decree by law of 2023 Con cernng the Regulation of the Fed eral DNA Fingerpr inting Database 9 + Authority to collect Biological Samples from the occupants of those positions a nd determine +the consequences of their abstention from providing the sample. + + +" +security and safety,Federal Decree by Law No. (39) of 2023 Concerning the Regulation of the Federal DNA Fingerprinting Database,"Article (19) +Repeals +Any provision that violates or contradicts the provisions of this Decree by Law shall be +repealed. + +" +security and safety,Federal Decree by Law No. (39) of 2023 Concerning the Regulation of the Federal DNA Fingerprinting Database,"Article (20) +Publication and Entry Into Force of Decree by Law +This Law by Decree shall be published in the Official Gazette and shall enter into force as of +01.11.2023. + + + + + + + + + + +Mohammed Bin Zayed Al Nahyan +Presid ent of the United Arab Emirates + + +Issued by us at the Presidential Palace - Abu Dhabi: +On: Septe mber 28, 2023 corresponding to: + Rabi’ al -Awwal 13, 1445 H " +security and safety,Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (1) +Definitions +For applying the provisions of this law, the following words and phrases shall denote the +meanings assigned thereto respectively, unless the context indicates otherwise: + The State + : The United Arab Emirates . + The Competent +Authority + : The Ministry of Interior or federal or local authori ty in charge +of security affairs, as the case may be. + The Judicial +Authority + : Federal, local or military courts or public prosecutions. + The Competent +Court + : The criminal chamber designated under a resolution of the +Minister of Justice or the head o f the judicial authority, as the +case may be. + Witness and the +Like + : Any person, who has knowledge of, and reveals information +about a particular crime before the competent authority or +the judicial authority, where such information is of a material +influence in respect of such crime. +Federal Law No. ( 14) of 2022 on Protection of Witnesses and the Like 3 + Whistleblower + : Any person, who reports to the competent authority or +investigation bodies a criminal incident, before, during or +after its occurrence . + Expert + : A person appointed by the Judicial Authority to submit a +report on any technical matter involved in the case, pursuant +to the provisions of the above -referenced Federal Law No. [7] +of 2012. + Anonymous Source + : A person who cooperates with the competent a uthority +through collecting or providing the information or data +relating to a criminal incident, whether sua sponte or at the +request of the competent authority, with or without +compensation. + Protection Program + : A set of measures and actions establish ed by the competent +authority, according to the provisions of this Law and its +Executive Regulations, in order to ensure the safety of the +protected person. + Protected Person + : An individual belonging to the categories described in Article +[3] of this law and in respect of them a decision is issued +approving their admission to the protection program. + Protection +Instrument + : An Agreement to be co -signed by the competent authori ty +and the protected person, and which sets out the rights and +obligations of both parties. + Protection Unit + : An organizational unit to be established at the competent +authority for implementing the protection program. + +" +security and safety,Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (2) +Objectives of the La w +This law aim at: +1. Protecting the society and minimizing the crime rate as much as possible . +Federal Law No. ( 14) of 2022 on Protection of Witnesses and the Like 4 + 2. Activating the community engagement role for detecting crimes . +3. Protecting the witnesses, victims, whistleblowers, experts and anonymous sources and +their respective family members and closest persons as well as any other persons +decided by the judicial authority to be protected from any threat, assault, revenge or +intim idation surrounding them . + +" +security and safety,Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (3) +Applicability to Protected Persons +The provisions of this Law shall apply to the following categories: +1. Witness . +2. Victim . +3. Whistleblower . +4. Expert . +5. Anonymous source . +The provisions of this Law shall also apply to the family members of the categories +mentioned in this Article, any person whose life or safety may be at risk due to his close +connection to the protected person and any person[s] decided by the judicial auth ority to be +covered with the protection. + +" +security and safety,Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (4) +Applicable to Crimes Committed +The provisions of this Law shall apply to the protected person in any of the following cases: +1. Terrorist crimes . +2. Crimes involving narcotic drugs and psychotropic substances . +3. Crimes involving weapons, ammunition, explosives and military equipment . +4. Crimes involving money laundering and combating the financing of terrorism and illegal +organizations . +5. Human trafficking crimes . +6. Cybercrimes . +Federal Law No. ( 14) of 2022 on Protection of Witnesses and the Like 5 + 7. Crimes against the State security and interests . +8. Crimes involving the public office . +9. Crimes penalized with a felony punishment . +10. Any other crime for which the judicial authority decides to afford protection to the +person involved . +11. Any other crimes determined under a cabinet resolution based on the Minister of +Interior's proposal after coordination with the Minister of Jus tice. + +" +security and safety,Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (5) +Establishment of Protection Unit and Program +1. The protection unit shall be established under a resolution of the competent authority's +head, to undertake all duties and actions relating to affording the protection, according +to the obligations and terms of reference determined by the executive regulat ions. +2. The protection program's proposal shall be created by the protection unit and approved +by the competent authority, and the executive regulations of this Law shall determine its +procedures, implementation and development mechanism. + +" +security and safety,Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (6) +Powers of the Competent Authority +The competent authority shall have the following powers: +1. Receive the applications for admission to the protection program. +2. Determine the witness, victim, whistleblower, expert and anonymous source and their +respec tive family members and closest persons, required to be covered by the protection +program. +3. Draw up a report that outlines the security circumstances surrounding the protected +person and the extent of threat to his life or the lives of his family members ad closest +persons. +4. Draw up a report that outlines the ability of the person required to be protected to adapt +to the protection program. +Federal Law No. ( 14) of 2022 on Protection of Witnesses and the Like 6 + 5. Create the protection program for the protected person and recommend its application, +while indicating the underlying reasons. +6. Prepare the protection program finance budget. +7. Draw up an annual report on the protection program and its performance and +effectiveness. +8. Any other powers vested in it under a cabinet resolution. + +" +security and safety,Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (7) +Obligations of the Competent Authority +The competent authority shall have the following obligations vis -à-vis the protected person: +1. Maintain the confidentiality of their personal information and data and only disclose the +same to third parties after the competent court's approval is obtained. +2. Determine the extent of risk for the circumstances and e vents that may be experienced +by them, during the ordinary course of their lives or upon giving testimony. +3. Determine the level and type of protection required for them. +4. Afford security protection to them if they are summoned for testimony or if t heir +position is revealed in such a manner that could jeopardize their lives or safety or the +safety of their family members. +5. Not to employ the admission to the protection program as a reward for their cooperation +with the competent authority. + +" +security and safety,Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (8) +Protection Program Admission Criteria +Admission to the protection program shall be subject to the following criteria: +1. The serious nature of the threat experienced by the person required to be protected . +2. The serious or important nature of the crime that involves cooperation by the person +required to be protected . +3. The importance of testimony of the person required to be protected . +4. Lack of any evidence other than the testimony of the person required to be protected . +Federal Law No. ( 14) of 2022 on Protection of Witnesses and the Like 7 + 5. Any other criteria established by the competent authority. + +" +security and safety,Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (9) +Protection Program Admission Procedures +1. The application for admission to the protection program shall be submitted by the +competent authority or judicial authority to the competen t court, and the executive +regulations of this Law shall determine the documents required to be enclosed with the +application. +2. The competent court shall scrutinize the application in light of the criteria described in +Article [8] of this Law. +3. The competent court shall decide on the application not later than fifteen [15] days from +the submission date of the application, and its decision in this regard shall be final and +non -appealable by any means whatsoever. + +" +security and safety,Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (10) +Interim Measures Pending Issuance of Protection Program Admission +Decision +The competent authority may adopt any of the protection measures described in Article [14] +of this Law with immediate effect, if there is any existing threat or imminent risk to the +person required to be co vered by the protection program, until a decision is issued by the +competent court on the application for admission to the protection program. + +" +security and safety,Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (11) +Competent Court +A resolution shal l be issued by the Minister of Justice or the head of the judicial authority, as +the case may be, determining the court having the jurisdiction to consider the application for +admission to the protection program. + +Federal Law No. ( 14) of 2022 on Protection of Witnesses and the Like 8 + " +security and safety,Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (12) +Signing the Protection Instrum ent +The protected person shall sign the Protection Instrument as soon as the decision admitting +them to the program is issued. Such signature shall be construed as acceptance of the terms +and conditions of the protections program, which shall only be imple mented after such +acceptance and in such a manner determined by the executive regulations of this Law. + +" +security and safety,Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (13) +Content of Protection Instrument +The Protection Instrument shall include the terms and conditions of the protection program, +particularly th e following details: +1. Terms and conditions for admission to the program . +2. Protection measures applicable to the protected person . +3. The financial and moral support provided to the protected person . +4. A proof of the protected person's acceptance of the following matters : +A. To comply with all instructions of the protection program . +B. To undergo physical and psychological tests . +C. Not to make the protection program's integrity or security vulnera ble to risk . +D. To disclose all legal responsibilities and financial obligations and the methods of +their satisfaction . +E. To disclose any criminal, civil or commercial lawsuits or proceedings involving +bankruptcy or insolvency that have existence prio r to signing the Protection +Instrument or are expected to occur subsequently . +F. Any other terms and conditions prescribed by the Executive Regulations of this Law. + +" +security and safety,Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (14) +Protection Measures to be taken by Competent Authority +1. The protection measures shall be proportional to the level of risk which may be +experienced by the protected person, including the following: +Federal Law No. ( 14) of 2022 on Protection of Witnesses and the Like 9 + A. Physical protection . +B. Change of place of residence . +C. Change of workplace . +D. Change of personal ide ntity . +E. Use of remote communication technology . +F. Any other measures approved by the Competent Court and are deemed necessary to +ensure the safety of the protected person. +2. The executive regulations of this Law shall set out the protection measures +implementation procedures and means. + +" +security and safety,Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (15) +Obligations of the Judicial Authority +When the protected person appears before the judicial authority, the latter may not take any +action that may adversely affect the protection measures or render the witness or the like +vulnerable to risk, including: +1. Reject the questions posed by the Defendant or their lawyers, which may ultimately +cause their identity to be revealed; and +2. Not to make the protected person stand in confrontation with any witness or defendant +in any other lawsuit. + +" +security and safety,Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (16) +Service of Judicial Instruments upon Protected Person +Subject to the provisions of service of summons set out in the Federal Law No. [35] of 1992 +referred to hereinabove, the service of summons upon the protected person to appear +before the judicial authority shall be made through the protection unit. + +" +security and safety,Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (17) +Protection Measures before the Judicial Authority +When protected persons appear before the judicial authority, the latter may choose any of +Federal Law No. ( 14) of 2022 on Protection of Witnesses and the Like 10 + the following measures: +1. Not to make the protected person appear to the public . +2. Hear the protected person's testimony behind a screen . +3. Replace the protected person's voice . +4. Submit the questions, required to be posed by the parties to the lawsuit, to the protected +person in writing whenever possible . +5. Hear the testimony through appropriate electronic means . +6. Employ the remote communication technology . +7. Hold th e hearing behind closed doors . +8. Take any other measures determined by the judicial authority or set out in the executive +regulations of this law. + +" +security and safety,Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (18) +Termination of Protection Program +The competent authority may request the competent court to remove the protected person +from the protection program in any of the following cases: +1. If the protected person furnishes a written rejection to continue to undergo the +protection program . +2. If there is no longer need to afford protection to the protected person . +3. If the protected person fails to abide by the terms and conditions of the protection +program . +4. If the protected person violates the conditions of the Protection Instrument . +5. If the protected person deliberately furnishes untrue or misleading information to the +judicial authority or competent authority . +6. If the protected person makes any conduct that jeopardizes the protection program . +7. If the protected person fails to abide by the demands or instructions of the protection +unit . +8. If the protected person commits a criminal offense, as determined by the executive +regulations of this Law . +Federal Law No. ( 14) of 2022 on Protection of Witnesses and the Like 11 + 9. If the protected person fails to abide by the judicial authority's decisions. +The competent court shall issue a decision admitting or rejecting the application submitted +thereto, and such decision shall be final and non -appealable. + +" +security and safety,Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (19) +No disclosure of Protection Program's Information +1. Each person involved in the creation or implementation of, or who gets access to the +protection program, shall be prohibited from disclosing any information or data relating +to the identity of the protected person or of the protection program. +2. The competent authority may establish the measures to help keep any information or +data relating to the protection program. + +" +security and safety,Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (20) +Cooperation with Relevant Entities +1. For the sake of applying the provisions of this Law, the competent authority may: +A. Enter into agreements with any natural or legal person for taking advantage of their +services in implementing the protections program, according to the controls +establis hed by the executive regulations of this Law. +B. Enter into agreements with relevant foreign authorities, international organizations +or governmental or nongovernmental regional organizations on the implementation +of any protection measures. +2. Relevan t governmental entities shall cooperate and coordinate with the competent +authority on any matter relating to the implementation and management of the +protections program. + +" +security and safety,Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (21) +The Register +1. The protection unit shall keep a register for protected persons and the executive +regulations of this Law shall determine the information and data required to be recorded +Federal Law No. ( 14) of 2022 on Protection of Witnesses and the Like 12 + therein, as well as the controls and procedures of recording in the same. +2. The co mpetent authority shall keep a register for anonymous sources and a resolution of +the head of the competent authority shall determine the information and data to be +recorded therein, the controls and procedures of recording in the same as well as the +rewar ds to be granted to the anonymous sources. + +" +security and safety,Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (22) +Confidentiality of Information +The information and data recorded in the registers referred to in Article [21] of this law shall +be deemed of a confidential nature and may neither be disclosed nor circ ulated except +under the legally permitted circumstances. + +Penalties +" +security and safety,Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (23) +Imposing the penalties described in this Law shall not prejudice to any more severe penalty +described in any other law. + +" +security and safety,Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (24) +Whoever discloses information or data that are committed to their trust under the +provisions of this Law shall be penalized with prison sentence for a term of not less than six +months and / or a fine of not less than fifty thousand dirhams [AED 50,000] and not +exceeding one hundred thousand dirhams [AED 100,000]. The prison sentence shall be +imposed if the protected person or any of their family members sustains physical harm as a +result of the disclosure of any such information or data. The death penalty shall be ordered +by the Court if it is prove n that the disclosure of information or data has ultimately led to the +death of the protected person or any of their family members. + +" +security and safety,Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (25) +Each protected person, who deliberately reveals his protection status, whether during or +Federal Law No. ( 14) of 2022 on Protection of Witnesses and the Like 13 + after his involvement in the protection program, shall be penalized with prison sentence for +a term of not less than six months and / or a fine of not less than [AED 3 0,000] thirty +thousand dirhams and not exceeding [AED 100,000] one hundred thousand dirhams. + +" +security and safety,Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (26) +Whoever, acting dishonestly and in bad faith, reports any incident, gives any testimony or +submits an expert report, with intent to take advantage of the protection program, shall +penalized with prison sentence and a fine of not less than [AED 100,000] one hundred +thousand dirhams and not exceeding [AED 300,000] three hundred thousand dirhams. + +" +security and safety,Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (27) +Executive Regulations +The Cabinet shall issue t he Executive Regulations of this Law based on the Minister of +Interior's proposal, within six months from the publication date of this Law. + +" +security and safety,Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (28) +Repeal of Contrary Provisions +Each provision that is contrary to or conflicts with the provisions of th is Law shall be +repealed. + + + + + + + + + + +Federal Law No. ( 14) of 2022 on Protection of Witnesses and the Like 14 + " +security and safety,Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (29) +Publication and Entry into Force +This Law shall be published in the Official Gazette and shall enter into force ninety days +following the date of its publication. + + + + +Khalifa Bin Zayed Al Nahyan +UAE President + + + + +Issued by us at the Presidential Palace in Abu Dhabi +On: 24 Rabi' I, 1442 AH +Corresponding to: 10 November, 2020 + " +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (1) +Definitions +Unless the context otherwise requires, the following words and expressions, when used in +this Law, shall have the meanings set out opposite them: +UAE : United Arab Emirates +Ministry : Ministry of Justice +Minister : Minister of Justice +Competent Court : Competent Appeals Court +Competent +Department : Competent department at the Ministry +Competent Judicial Authority : +The court having jurisdiction to hear proceedings of judicial +cooperation or the Public Prosecution +Foreign Judicial +Authority : The Competent Judicial Authority of a foreign State or international +judicial authority established under a current agreement to which +the UAE is party or pursuant to a binding international decision +Requesting State : The foreign State requesting judicial cooperation from the +authorities of the UAE +Requested State : The State requested to provide judicial cooperation +Person to be +Surrendered : A person to be surrendered or temporarily arrested for a criminal +charge or sentence issued against him by a Foreign Judicial +Authority +Person to be +Returned : A person who is to be returned from abroad to face a criminal +charge or sentence issued against him by the courts of the UAE +Convicted Person Sought to be +Transferred : +A person against whom a final and enforceable court sentence +entailing deprivation of liberty has been rendered by the courts of +the UAE or the courts of a Foreign Judicial Authority +Federal Law No. ( 39) of 2006 Concerning International Judicial Cooperation in Criminal Matters 3 + Sentencing State : The State where a sentence was issued from which the convicted +person is to be transferred +Executing State : The State to which a convicted person is transferred to serve a +sentence or the balance of a sentence imposed on him + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (2) +International Judicial Cooperation General Provisions +Subject to the provisions of international agreements to which the UAE has acceded and on the basis of reciprocal treatment, the judicial authorities in the UAE shall extend judicial +cooperation in criminal matters to Foreign Judicial Authorities in accordance with this Law + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (3) +No Rights to Other States +Nothing in this Law shall give any State the right to compel any form of international judicial +cooperation in criminal matters + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (4) +Application of Other Criminal Laws +Matters for which no provision appears in this Law shall be subject to the Criminal Procedures Code and any other relevant laws + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (5) +Proceedings to be Carried Out Under National Laws +Subject to Article 2 of this Law, the laws in force in the UAE shall apply upon commencement of international judicial cooperation in criminal matters + + + +Federal Law No. ( 39) of 2006 Concerning International Judicial Cooperation in Criminal Matters 4 + Part Two +Surrender of Persons and Property +Chapter One +Surrender of Persons to Foreign States +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (6) +Cases of Extradition +Suspects and convicted persons shall be handed over to Foreign Judicial Authorities in order +to be interrogated, stand trial or serve sentences in accordance with the provisions of this +Chapter + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (7) +Conditions for Extradition +The extradition of wanted persons shall be subject to the following requirements: +1. The crime for which extradition is sought must be punishable under the laws of the +Requesting State by deprivation of liberty for at least a period of 1 year or by a more +severe penalty +2. The act for which extradition is sought, if committed within the territory of the UAE, +must constitute a crime that is punishable by deprivation of liberty for a period of at least +1 year or by a more severe penalty +3. Where the request for extradition relates to a person wanted for the execution of a sentence entailing deprivation of liberty awarded in connection with an offence for which extradition is sought, extradition shall be granted only if a period of at least 6 +months remains to be served on the sentence +4. In determining whether or not the act for which extradition is sought is punishable +under the laws of both States, it shall not matter whether the act is placed within the +same category, is denominated by the same terminology or has different constituent +elements + +Federal Law No. ( 39) of 2006 Concerning International Judicial Cooperation in Criminal Matters 5 + " +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (8) +Multiple Crimes for which Extradition is Sought +If the request for extradition includes several separate crimes each of which is punishable +under the laws of both States, but some of which do not fulfill the conditions set out in +Sub -Articles 7 -1 and 7 -3, then extradition may be granted for all the crimes provided the +conditions are met by at least one extraditable crime + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (9) +Bases for the Denial of Extradition +Extradition shall not be granted in any of the following circumstances: +1. If the person to be extradited is a citizen of the UAE +2. If the law of the UAE provides jurisdiction to the Competent Judicial Authorities over the +offense for which extradition is sought +3. If the offense concerning the request is a political offence or an offence connected with a +political offence. Political offences, however, do not include acts of terrorism, war crimes, +genocide, crimes against the person of the Head of State or a member of his family, the +Deputy Head of State, a member of the Supreme Council or a member of his family, +Prime Minister, or any person enjoying State protection as well as crimes against State utilities and essential interests +4. If the offense for which extradition is sought is an offense of a military character +5. If there are substantial grounds for believing that the request for extradition has been +made for the purpose of prosecuting or punishing a person on the grounds of race, +religion, nationality, or political opinion or that the person's position would be prejudiced for any of those reasons +6. If the Person to be Surrendered is under investigation or prosecution in the UAE for the +same offence for which extradition is requested +7. If the Person to be Surrendered has been tried and acquitted or convicted for the offense +for which extradition is requested and has completed his sentence +8. If final judgment has been passed by the courts of the UAE in respect of the offense for +Federal Law No. ( 39) of 2006 Concerning International Judicial Cooperation in Criminal Matters 6 + which the person's extradition is requested +9. If the prosecution or the execution of the sentence for the offense identified in the +request for extradition would be time -barred +10. If the person whose extradition is requested has been, or would be subjected in the +Requesting State to torture or inhumane or degrading treatment or a harsh penalty +incompatible with the offense or if that person has not received the minimum +guarantees in criminal proceedings + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (10) +Extradition of Persons Who are Under Investigation or Prosecution +If the person sought is being investigated or prosecuted in the UAE for another offence, his +extradition shall be stayed until the investigation or prosecution has been concluded by the +issue of a final decision. If convicted, the person shall be extradited after serving his sentence +The UAE may surrender him on a temporary basis on the condition that the Requesting State +would return him as soon as practicable after the rendering of a decision in respect of him or +within such time limit as the UAE shall specify, not exceeding 6 months after surrender + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (11) +Procedure for Submission of Request for Extradition and Supporting +Documents +The request for extradition shall be submitted in writing through diplomatic channels and forwarded to the relevant department. The request shall be accompanied by the following +information and documents, translated into Arabic and duly attested by the relevant +authorities: +1. Name and description of the person sought and photographs of him if available together +with any other information that could help determine his identity, nationality and place +of residence +2. The text of the legal provisions that define and penalise the offense and describe the punishment for the offense in the Requesting State +Federal Law No. ( 39) of 2006 Concerning International Judicial Cooperation in Criminal Matters 7 + 3. When the request relates to a person who is under investigation, it shall be accompanied +by an official copy of the transcript of questioning and the warrant of arrest issued by the +competent Foreign Judicial Authority showing the crime and the offense imputed to the +person sought and the time and place of commission +4. When the request relates to a convicted person, it shall be accompanied by a certified +copy of the judgment of conviction showing the crime, the offense imputed to the +person whose extradition is requested and the sentence imposed and a statement +indicating that the judgment is enforceable + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (12) +Review of Requests for Extradition +The Competent Department shall refer the request to the Attorney General after verifying +that it meets all the formal requirements. If the Competent Department finds the supporting +information and documents insufficient to decide the request, it shall request the necessary +supplementary clarifications or further information or documents from the Requesting Party +and may fix a time -limit for the receipt thereof + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (13) +Summary Extradition +Extradition shall not be granted unless a decision authorising extradition has been issued by +the Competent Court. However, when extradition is to a single State, it can be carried out by +means of a decision issued by the Minister pursuant to the recommendation of the Attorney +General subject to the written consent of the Person to be Surrendered + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (14) +Consent of the Person to be Surrendered +The written consent of Person to be Surrendered shall include all the details relating to him +and the case in respect of which he is being extradited and a statement to the effect that +consent to the extradition is being given voluntarily with full knowledge of the legal +Federal Law No. ( 39) of 2006 Concerning International Judicial Cooperation in Criminal Matters 8 + consequences thereof + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (15) +Detention of Person to be Surrendered in an Urgent Situation +In case of urgency, the Attorney General or person delegated by him may, on the basis of a +warrant of arrest issued by a Foreign Judicial Authority, order that the Person to be +Surrendered be taken into custody for up to 15 days pending presentation of a formal +request for extradition +The custody period may be extended beyond 15 days if the Requesting State is able to +provide good reason for delaying the request for extradition. In all cases, the custody period +shall not exceed 40 days +The Attorney General may, of his own accord or at the request of the Person to be +Surrendered, order him discharged from custody against a personal guarantee or bail in such +sum as he shall determine +Such a discharge from custody shall not prejudice the subsequent re -arrest or further +detention of that person if the request for extradition is delivered at a later date + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (16) +Arrest of Person to be Surrendered +The Attorney General or person delegated by him may, promptly after receiving a request for +extradition, order the arrest of the Person to be Surrendered when there are indications that +he might flee unless he has already been detained under the procedures set forth in Article +15 of this Law +The Attorney General or person delegated by him may, of his own accord or at the request of +the Person to be Surrendered, order him released from custody against a personal guarantee +or bail in such sum as he shall determine + + + +Federal Law No. ( 39) of 2006 Concerning International Judicial Cooperation in Criminal Matters 9 + " +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (17) +Proceedings before the Public Prosecution +The Person to be Surrendered shall be brought before the competent Public Prosecution +within 48 hours after arrest. The Public Prosecution shall explain to him the reason for +arrest, the content of the request for extradition, the evidence and the documents related to +the request and shall record his statements in a report. The Person to be Surrendered has the +right to have a lawyer present during questioning + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (18) +Referral to Competent Court +Within 15 days after reviewing the request for extradition, the Attorney General shall send it, together with a written memorandum, to the Competent Court for the request and its +supporting documents to be filed with the clerk's office. The Public Prosecution shall summon the Person to be Surrendered to attend the hearing set for consideration of the +request + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (19) +Procedure for Deciding Requests for Extradition +The Competent Court shall hear the request for extradition in closed session in the presence +of the Public Prosecution and the Person to be Surrendered and his lawyer, if applicable, and +shall then decide the request after hearing the Public Prosecution and the defence +Where, at his appearance before the Court, the Person to be Surrendered declares his +consent to be extradited and the legal conditions for extradition are fulfilled, the Court shall, +after informing the person of the legal consequences of his consent, formally acknowledge +his consent in writing and return the documents to the Attorney General for application of Article 13 of this Law + + +Federal Law No. ( 39) of 2006 Concerning International Judicial Cooperation in Criminal Matters 10 + " +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (20) +Court Decision +The Co mpetent Court shall issue a reasoned decision on eligibility for extradition in +accordance with the Law + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (21) +Release of Person to be Surrendered +If extradition has been refused, the Person to be Surrendered shall be released immediately +even if the decision does not provide for his release + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (22) +Appeal of Extradition Decision +The Attorney General and the Person to be Surrendered may appeal the decision of the Competent Court to the competent appeals court +The time limit for appeal is 30 days either from the date of the Court's decision if issued in the presence of the parties or from the date of notification of the Person to be Surrendered if the decision was issued in absentia + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (23) +Procedure for Appealing Extradition Decision +The decision mentioned in the preceding article shall be appealed by filing a notice with the +clerk's office of the competent court of appeal. A hearing is then fixed for the appeal no later +than 10 days after the filing of the notice. Notice of proceedings shall be deemed to have +been served in this manner even if the notice was filed by the lawyer of the Person to be +Surrendered + + + +Federal Law No. ( 39) of 2006 Concerning International Judicial Cooperation in Criminal Matters 11 + " +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (24) +Enforcement of Extradition Decision +A decision granting extradition shall be enforced only after it has become final + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (25) +New Grounds for Extradition +When new grounds are asserted before the Competent Court, a dec ision refusing to grant +extradition shall not preclude the issue of a further decision of eligibility for extradition +pursuant to a subsequent request from the same State concerning the same offenses + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (26) +Approval of Extradition Decision +A decision granting extradition shall be enforced only after the Minister's approval. If +approval for extradition is declined, the Attorney General shall order the release of the +Person to be Surrendered if he is under arrest + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (27) +Competing Requests for Extradition +When there are competing requests for the extradition of the same person, the Minister shall +determine to which State the person will be extradited initially, taking into account the +obligations arising from bilateral and multilateral agreements in force and the circumstances +of each case, specifically: +1. The gravity of the offence and the degree of incompatibility with the interests or security +of a particular State +2. Place and time of commission of the offence +3. Nationality of the Person to be Surrendered +Where all or some of those circumstances exist, extradition will be given to the State whose request for extradition has priority having regard to the assistance afforded by the +Federal Law No. ( 39) of 2006 Concerning International Judicial Cooperation in Criminal Matters 12 + Requesting State in corresponding circumstances + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (28) +Non -Receipt of the Person Sought +If the Requesting State does not receive the person in respect of whom extradition has been +ordered within 30 days of being notified of the decision, the person will be released and may +only be subsequently surrendered to it under a fresh decision +Where exceptional circumstances prevent the surrender or take over of the person sought +within the above time limit, the Requesting State shall be notified in order to fix a final +deadline for surrender approved by the Competent Judicial Authority. The person shall be +released after that deadline and no request for his extradition may be subsequently made in +respect of the same offense or offenses for which the extradition was sought +In all cases, a person who is to be extradited may not be kept in custody for more than 60 +days + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (29) +Rule of Specialty +For the purpose of carrying out extradition, the Requesting State shall not surrender the +person sought to a third State or charge, prosecute, sentence or detain him for an offense +committed prior to extradition other than the one for which his extradition is granted and +related offenses, except: - +1. Where the person extradited, having had the opportunity to leave the territory of the +State to which he has been surrendered, has not done so within 30 days of being notified of the conclusion of the proceedings requiring his presence in that State, or has +voluntarily returned to that State after having left it +2. Where the Minister consents. The Requesting State will be required to present a new +request in the manner specified in Article 11 of this Law, accompanied by a judicial +record of the statement and defence of the person sought + +Federal Law No. ( 39) of 2006 Concerning International Judicial Cooperation in Criminal Matters 13 + " +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (30) +Re-Extradition to a Third State +The Competent Court shall consider the request of a State to which a person has been +extradited to extradite that person to another State. The court shall issue its decision in +accordance with the provisions of this Law and the bilateral and multilateral agreements in +force to the extent that does not conflict with the constitutional principles of the UAE + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (31) +Facilitation of Transit of Extradited Persons +Where a person subject to regulations governing the extradition of criminals is to be +extradited to a State from a third State through the territory of the UAE, the Attorney General +may, at the request of the State to which the person is to be extradited, authorise the transit +of that person through the territory of the UAE provided such transit does not prejudice the sovereignty, security or essential interests of the UAE + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (32) +Costs of Extradition +The UAE shall meet the cost of any proceedings in its jurisdiction arising out of a request for extradition. The Requesting State shall bear the costs incurred in transporting the Person to +be Surrendered and any extraordinary costs arising out of the request for extradition + +Chapter Two +Return of Persons +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (33) +Procedure for Requesting Return and Supporting Documents +The Attorney General or person delegated by him may request the Competent Department to request, in writing, the authorities in a foreign State to return persons sentenced to a +penalty depriving them of their liberty for a term of not less than 6 months or any severer +Federal Law No. ( 39) of 2006 Concerning International Judicial Cooperation in Criminal Matters 14 + penalty or persons accused of committing crimes which are punishable by deprivation of +liberty for a term of not less than 1 year or by a more severe penalty +The Public Prosecution shall issue a written request for return of the accused or convicted person. The request and supporting documents shall include a date, signature and seal as well as a full description and details of the person to be returned, the facts underlying the +request, the legal classification of the offence for which the person is being extradited, the +relevant texts of law and the legal basis for extradition +The request, together with its supporting documents, shall be sent by the Competent +Department through diplomatic channels to the Requested State. The documents shall be +translated into the language of the Foreign Judicial Authority or any other language +acceptable thereto unless otherwise dictated by agreements + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (34) +Arrest of Person Sought to be Returned in an Urgent Situation +In case of urgency, the Attorney General or person delegated by him shall request the +competent authorities in the Requested State, pursuant to a duly issued judicial warrant of +arrest, to arrest the person sought and retain him in temporary custody. The warrant of arrest shall be notified through the communications section at the Ministry of the Interior +After preparing a complete submission, the Public Prosecution shall promptly send the request for return to the Requested State by way of the Competent Department through diplomatic channels + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (35) +Deduction of the Period of Temporary Custody +In applying the rules for carrying out the sentence, the period for which the accused was +retained in custody abroad shall be regarded as a period of remand in custody + + + +Federal Law No. ( 39) of 2006 Concerning International Judicial Cooperation in Criminal Matters 15 + " +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (36) +Change of Legal Classification of the Offence +If the legal classification of the offence changes during the course of proceedings against a +person who has been returned, he may not be charged, prosecuted or otherwise proceeded +against in any manner that would deprive him of his liberty unless the new elements of the +crime are based upon the same facts for which he was extradited and constitute an offence +punishable by the same penalty prescribed for the offence for which he was extradited or by +a more severe penalty + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (37) +Undertaking to Waive the Death Penalty +Except for crimes for which there is doctrinal punishment (Hudood), assurance may be +given to the Requested State pursuant to an agreement with the UAE, that the death penalty +will not be carried out on the Person who is to be Returned. When giving such assurance in +crimes for which (Qasas) may be sought, the heirs must waive their legal right to Qasas. The +undertaking shall be presented by the Minister and steps shall be taken to commute the +sentence + +Chapter Three +Surrender and Return of Property +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (38) +Surrender of Property +When a request for extradition is granted, the Attorney General or person delegated by him +shall surrender, to the Requesting State, all property which has been acquired by the person +sought as a result of the offense or used by him in the commission of the offence, or which +may be required as evidence, and was in the possession of the Person to be Surrendered at +the time of his arrest or was subsequently discovered, unless its possession would constitute a crime in the UAE. This obligation is subject to the rights of bona fide third parties +Federal Law No. ( 39) of 2006 Concerning International Judicial Cooperation in Criminal Matters 16 + The Attorney General or person delegated by him may defer surrender of such property if +required in connection with ongoing judicial or administrative proceedings in the UAE + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (39) +Grievance Against Decision Directing the Surrender of Property +An interested party has 15 days to file a grievance against the decision mentioned in Article 38 before the Competent Court +The Court shall issue its decision on the grievance after hearing the Public Prosecution and +the grievant + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (40) +Return of Property +When a request for extradition is granted, the Attorney General or person delegated by him +shall ask the Competent Department to request, in writing, the authorities in the foreign +State to furnish property which has been acquired by the person sought as a result of the +offense or used by him in the commission of the offence, or which may be required as +evidence + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (41) +Supervised Surrender +Subject to the rules of jurisdiction under law, the Attorney General shall legally permit +property whose possession is an offence or which has been acquired as a result of an +offense or has been used in the commission of an offense to enter or exit the UAE without +being seized or to be replaced in whole or in part under the supervision of the competent authorities at the request of a Foreign Judicial Authority and in accordance with such +conditions as may be agreed whenever this would enable the identification of its source or +lead to the arrest of the perpetrator +The permission mentioned in the preceding paragraph shall not be granted if its execution would violate the sovereignty, security, public policy, public morals or harm the +Federal Law No. ( 39) of 2006 Concerning International Judicial Cooperation in Criminal Matters 17 + environment of the UAE + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (42) +Procedure for Supervised Surrender +The competent authorities in the UAE shall execute the permission referred to in the +preceding article within their respective jurisdictions and prepare a report on the action +taken +The Attorney General shall determine the procedure for supervised surrender of property to +the Requesting Party and the return and replacement thereof + +Part Three +Judicial Assistance in Criminal Matters +Chapter One +Request for Judicial Assistance from a Foreign Judicial Authority to UAE +Authorities +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (43) +Forms of Judicial Assistance +Where a request is received from a Foreign Judicial Authority for assistance in taking judicial +action in the UAE in relation to an offence that is punishable in the Requesting State and +within the jurisdiction of its judicial authorities, the Competent Judicial Authority shall +provide the required assistance when necessary to pursue judicial action in criminal proceedings pending before the Foreign Judicial Authority. Judicial assistance shall include: +1. Information on the identity and whereabouts of persons +2. Taking statements of persons +3. Transferring persons in custody to give evidence before foreign judicial authorities +4. Serving judicial documents +5. Seizing property and searching persons and premises +6. Obtaining information and evidence +Federal Law No. ( 39) of 2006 Concerning International Judicial Cooperation in Criminal Matters 18 + 7. Obtaining documents and original records or certified copies thereof + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (44) +Procedure for Submission of Requests for Assistance +Requests for judicial assistance shall sent by the competent authority within the Foreign +Judicial Authority to the Competent Department at the Ministry through diplomatic +channels +After verifying that the request for judicial assistance is complete and meets the necessary +formal requirements, the Competent Department shall refer the request to the Competent +Judicial Authority for appropriate action + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (45) +Provisional Measures in an Urgent Situation +In case of urgency, the Competent Judicial Authority shall, upon written request from a +Foreign Judicial Authority and prior to satisfying the requirements for the request for judicial +assistance, direct that provisional measures be taken to protect threatened legal interests or +to secure prosecution evidence or documents which are likely to be lost or tampered with +Those measures will be suspended if the Foreign Judicial Authority fails to fulfill the requirements for execution of the request within the time period specified by the Competent Judicial Authority unless the Foreign Judicial Authority requesting the assistance provides +good cause + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (46) +Request for Assistance +Information and Supporting Documents +The request for judicial assistance shall be made in writing by the Foreign Judicial Authority +and, together with the supporting documents, shall bear the date, signature and seal of the +Requesting Party +The request shall include a case description, the Requesting Party and the Requested Party, +Federal Law No. ( 39) of 2006 Concerning International Judicial Cooperation in Criminal Matters 19 + all details pertaining to the facts of the case, relevant texts of law and the measures to be +taken, specifically: +1. Name and place of residence of witnesses and the questions to be posed to them +2. List of questions for the persons who are to be questioned +3. Description of property or documents to be inspected +The request shall be accompanied by all the required documents, translated into Arabic and attested by the Foreign Judicial Authority, unless otherwise dictated by agreements to which the UAE is party + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (47) +Additional Information +The Competent Department shall request the Foreign Judicial Authority for any further +information deemed necessary in order to execute the request + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (48) +Confidentiality of Requests +The request &/or its particulars will be kept confidential if so requested by the Foreign +Judicial Authority + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (49) +Hearing of Witnesses +The statements and testimony of witnesses shall be taken by the Competent Judicial +Authority in the UAE and then sent to the Foreign Judicial Authority + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (50) +Cases in which the Giving of Testimony can be Refused +A person requested to give testimony or specific evidence in the territory of the UAE may +refuse to give testimony or evidence so far as he has that privilege under the law of the +Federal Law No. ( 39) of 2006 Concerning International Judicial Cooperation in Criminal Matters 20 + Foreign Judicial Authority in corresponding circumstances + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (51) +Immunity of Witnesses and Experts Appearing before Foreign Judicial +Authorities +If the purpose of judicial assistance is to have a witness, expert or accused attend before a +Foreign Judicial Authority, the Authority shall undertake not to prosecute, detain or restrain +him of his liberty on account of criminal offenses or convictions preceding his departure +from the territory of the UAE and not to prosecute, detain or punish him on account of his +testimony, expert report, or failure to appear before the Authority + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (52) +Transfer of Detained Witnesses +Subject to Article 63 of this Law, when a request is made by a Foreign Judicial Authority for a +person in custody in the UAE to appear as a witness or expert in order to give testimony or +statements before its judicial authorities with his prior consent, the Foreign Judicial +Authority shall be obliged to keep him in custody and return him as soon as practicable or within such time period as specified by the UAE +The UAE may refuse to transfer a person in custody in any of the following cases: +1. When compliance with the request would be incompatible with the sovereignty, security or public policy of the UAE +2. When his presence is required for criminal proceedings in progress in the UAE +3. When his transfer to the Foreign Judicial Authority would prolong his term of custody +4. When his transfer would place his life or the life of his family members at risk + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (53) +Cases in which Assistance can be Refused +A request for judicial assistance may be refused: +1. If the act underlying the request would not be an offence if committed in the territory of +Federal Law No. ( 39) of 2006 Concerning International Judicial Cooperation in Criminal Matters 21 + the UAE +2. If compliance with the request would be incompatible with the sovereignty, security, +public policy or essential interests of the UAE +3. If the request concerns a political offence or an offence connected with a political +offence +4. If the request concerns an offence of a purely pecuniary nature such as tax and customs offences +5. If there are substantial grounds for believing that the request for assistance had been +made for the purpose of prosecuting a person on account of race, sex, religion, +nationality, ethnic origin or political opinion or that his position would be prejudiced for +any of those reasons +6. If the request relates to an offence that is subject to judicial investigation or prosecution +in the UAE or the prosecution of which before the Foreign Judicial Authority would be +incompatible with the law on double jeopardy (neb is in idem) +7. If the criminal proceedings arising out of the offence have lapsed for any of the reasons +stated in the law of the UAE or the law of the Requesting State +8. If the judicial assistance requested requires the UAE to carry out compulsory measures +that would be inconsistent with its law had the offence been the subject of investigation +or prosecution under its own jurisdiction +9. If the act underlying the request is an offense under military law, which is not also an +offence under ordinary criminal law + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (54) +Execution of Request in a Specific Manner +The request for assistance shall be executed in accordance with the procedures required by +UAE law +Upon the express request of the Foreign Judicial Authority, the request for judicial assistance shall be executed in a specific manner provided there is no conflict with the laws in force + +Federal Law No. ( 39) of 2006 Concerning International Judicial Cooperation in Criminal Matters 22 + " +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (55) +Expenses, Fees and Costs +Where a deposit for the fees of experts and documents necessary for the execution of a +request for judicial assistance is payable in advance, the Requesting State shall be notified in +order to lodge the deposit with the Competent Judicial Authority + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (56) +Witness & Expert Reimbursement +By law, witnesses and experts are entitled to appropriate reimbursement of expenses for travel and subsistence as well as appropriate compensation by the Requesting State for loss +of earnings or profits. The expert may request that the Requesting State pay a fee for his +expert opinion +The documents pertaining to the request or notice shall state the amounts payable to the witness or the expert. The Requesting State may, upon the request of the witness or expert, pay the amount in advance + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (57) +Return of Property, Documents and Records +The authorities of the UAE may request the return of any property, documents or records that have been delivered to the Foreign Judicial Authority for the execution of a request for +judicial assistance + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (58) +Sharing of Proceeds from Crimes +The proceeds from crimes in respect of which judicial assistance has been provided may be +shared with the Foreign Judicial Authority. The Minister, in coordination with the concerned +authorities, shall determine the relevant requirements and procedures + +Federal Law No. ( 39) of 2006 Concerning International Judicial Cooperation in Criminal Matters 23 + Chapter Two +Requests for Judicial Assistance from UAE Authorities to a Foreign Judicial +Authority +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (59) +Procedure for Requesting Foreign Assistance +The Competent Judicial Authority may request judicial assistance from a Foreign Judicial +Authority under Article 43 -2 of this Law +Requests for judicial assistance shall be sent to the Competent Department for transmission +to the Foreign Judicial Authority through diplomatic channels +After verifying that the request for judicial assistance is complete and meets the necessary +formal requirements, the Competent Department shall refer the request to the Competent Judicial Authority for appropriate action + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (60) +Request for Assistance Information and Supporting Documents +Requests for judicial assistance shall be made in writing by the Competent Judicial Authority +and, together with the supporting documents, shall bear the date, signature and seal of the +Requesting Party. The documents shall be translated into the language of the Foreign +Judicial Authority or any other language acceptable thereto +The request shall include a case description, the Requesting Party and the Requested Party, all details pertaining to the facts of the case, relevant texts of law and the measures to be +taken, specifically: +1. Name and place of residence of witnesses and the questions to be posed to them +2. List of questions for the persons who are to be questioned +3. Description of property or documents to be inspected or reviewed +4. Any further information required to obtain evidence on the basis of oath, proof or any +mode required to be used or necessary in order to execute the request +The request shall specify any time limit within which compliance with the request is desired + +Federal Law No. ( 39) of 2006 Concerning International Judicial Cooperation in Criminal Matters 24 + " +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (61) +Criteria for Validity of Measures Taken Abroad +Measures taken under a request for judicial assistance shall be valid if carried out in +accordance with the law of the Foreign Judicial Authority which exercised its jurisdiction +unless the Competent Judicial Authority in the State had requested that they be carried out +in a particular manner + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (62) +Legal Effect of Measures Taken Abroad +Measures taken through judicial assistance in accordance with the Law shall have the same +legal effect as if carried out before the Competent Judicial Authority + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (63) +Immunity of Witnesses and Experts before the Judicial Authorities +Where the purpose of judicial assistance is to have a witness, expert or accused appear +before a judicial authority, he may not be prosecuted, detained or subjected to any +restrictions on his personal liberty on account of criminal offenses or convictions preceding +his departure from the territory of the Requested State. Nor may he be prosecuted, detained +or punished on account of his testimony or expert report +A witness or expert who fails to answer a summons to appear, service of which has been +requested, shall not by reason thereof, be liable to any penalties or be subjected to any +coercive measures notwithstanding any contrary statement contained in the summons +The immunity provided for in the preceding two paragraphs shall cease when the witness or expert, having had for a period of 30 consecutive days from the date of being notified in +writing by the party who summoned him that his presence was no longer required, an opportunity of leaving, has nevertheless remained in the territory of the State, or having left +it, has voluntarily retuned +The period does not include any time during which the witness or expert was unable to leave the territory of the UAE for reasons beyond his control +Federal Law No. ( 39) of 2006 Concerning International Judicial Cooperation in Criminal Matters 25 + Part Four +Transfer of Convicted Persons +Chapter One +Transfer of a Convicted Person to a Foreign State +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (64) +Conditions for the Transfer of a Convicted Person to a Foreign State +The Attorney General shall, in compliance with an agreement to which the UAE is party, +approve a request by a Foreign Judicial Authority to transfer a convicted person detained at a +penal institution in the UAE by virtue of a criminal sentence issued by the courts of the UAE, +subject to the following conditions: +1. The offence for which the sentence was given being punishable by a penalty entailing +deprivation of liberty under the laws of the Executing State +2. The sentence being final and enforceable +3. The convicted person being a citizen of the Executing State +4. The convicted person agreeing to his transfer. If the convicted person is unable to +express himself in writing, approval shall be given by his lawyer, spouse or relative up to +four times removed. +5. The remaining time to serve before the expiration of a sentence entailing deprivation of liberty being not less than 6 months at the time of communication of the transfer request. Nevertheless, the Minister may, in coordination with the Minister of the Interior, +decide at his own discretion and under exceptional circumstances, to approve the +transfer if there are less than 6 months remaining to serve on the sentence +6. The Executing State bearing the expenses related to the transfer of the convicted person + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (65) +Cases in which a Transfer Request will be Denied +A request for the transfer of a convicted person shall be denied in the following circumstances: +Federal Law No. ( 39) of 2006 Concerning International Judicial Cooperation in Criminal Matters 26 + 1. If the granting of the request would prejudice the sovereignty, security or public policy of +the UAE +2. If the offence in respect of which the person has been sentenced is a military offence +3. If the procedure for executing the sentence in the Requesting State is different from the execution procedure of the UAE +4. If the Requesting State has not undertaken to waive its amnesty rules with respect to the +convicted person + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (66) +Cases in which a Transfer Request can be Denied +A request for the transfer of a convicted person may also be denied in the following circumstances: +1. If amounts, fines, costs, compensation or other monies judicially awarded against the +convicted person remain unpaid +2. If proceedings involving monetary claims are pending against the convicted person in the courts of the UAE +3. If the maximum term of the penalty of deprivation of liberty established by the law of the Requesting State is considerably less than the awarded penalty of deprivation of +liberty + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (67) +Procedure for Submission of Transfer Request +A request for the transfer of a convicted person shall be made in writing by the Executing +State in Arabic or on the basis of an Arabic translation. The request shall include details of +the convicted person, documents proving his nationality, his place of residence and +detention in the Requesting State in addition to an undertaking to waive special amnesty +rules with respect to him +The authorities of the UAE may submit a request for a convicted person detained in the UAE to be transferred to the State of his nationality +Federal Law No. ( 39) of 2006 Concerning International Judicial Cooperation in Criminal Matters 27 + A convicted person may personally or through his lawyer request that he be transferred to +serve a sentence imposed on him by a UAE court in the State of his nationality + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (68) +Transfer Request Information and Supporting Documents +The transfer request shall be accompanied by the following information and documents, translated into the language of the Executing State and duly attested by the relevant +authorities: +1. Copy of the judgment of conviction, attested by the competent authority +2. Statement containing essential information regarding the remaining time to be served +on the sentence including the period of remand in custody ordered in the case and any +information on the identity of the convicted person and his conduct before and after +pronouncement of the judgment of conviction +3. Convicted person's written consent to the transfer request in the manner required by +Article 64 of this Law + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (69) +Ensuring the Consent of the Person to be Transferred +The convicted person shall be referred to the Public Prosecution in order to ensure that his +consent to the transfer is being given voluntarily with full knowledge of the legal +consequences thereof + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (70) +Transfer Expenses +The authorities of the UAE shall bear the expenses related to the transfer and provision of +escort for the convicted person within the UAE + + +Federal Law No. ( 39) of 2006 Concerning International Judicial Cooperation in Criminal Matters 28 + " +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (71) +Notification of Decisions and Proceedings to the Executing State +The Public Prosecution shall notify the Executing State through the Competent Department +of any general or special amnesty rules which apply to the convicted person as well as any +decisions or proceedings in the territory of the UAE that would terminate the execution of +the sentence in whole or in part + +Chapter Two +Transfer of Convicted Person from a Foreign State +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (72) +Request for Transfer of a Convicted Person from Abroad +Subject to Article 2 of this Law , the authorities of the UAE may request the competent +authorities in a foreign State to transfer a person holding UAE nationality serving a sentence +at a penal institution in the foreign State by virtue of a criminal sentence issued by the courts +of that State + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (73) +Request for Transfer Information and Supporting Documents +The request for transfer shall be made in writing and shall include details of the convicted +person and documents proving his nationality and place of his detention. The request shall +be translated into the language of the Sentencing State or any other language acceptable +thereto, duly attested by the relevant authorities + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (74) +Admission of Convicted Person to a Penal Institution +By law, the Convicted Person Sought to be Transferred to the territory of the UAE shall be admitted to the penal institution pursuant to a written order issued by the Attorney General +or person delegated by him +Federal Law No. ( 39) of 2006 Concerning International Judicial Cooperation in Criminal Matters 29 + " +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (75) +Execution of Sentence +The sentence shall be carried out in accordance with the execution procedures followed by +the UAE after deducting the period of remand in custody and the time served by the +convicted party. The UAE shall have sole jurisdiction to issue decisions in relation to +execution and shall, at the request of the Sentencing State, provide information regarding +compliance with the sentence + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (76) +Medical Release +The Public Prosecution shall notify the Sentencing State through the Competent Department of all procedures taken and documents submitted in the event of a medical +release of the convicted person + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (77) +No Re -Prosecution +All criminal proceedings which the judicial authorities of the UAE have instituted in respect +of the same offence against the Convicted Person Sought to be Transferred shall cease upon +the approval of the transfer request. Criminal proceedings may not be reactivated for the +same offence nor may the convicted person be re -prosecuted for the same facts concerning +the judgment of conviction + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (78) +Rules of General and Special Amnesty +A convicted person shall be subject to general amnesty rules but would not be eligible for special amnesty, conditional release or any other pardon unless approved by the Sentencing +State subject to the general and special amnesty rules of the Sentencing State applying to +him +Federal Law No. ( 39) of 2006 Concerning International Judicial Cooperation in Criminal Matters 30 + Part Five +Final Provisions +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (79) +Subject to Article 2 of this Law, any provision contradicting or conflicting with this Law shall +be repealed + +" +security and safety,Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters,"Article (80) +This Law shall be published in the Official Gazette and shall come into force on the date of +publication + + +KHALIFA BIN ZAYED AL NAHYAN +PRESIDENT OF THE UNITED ARAB EMIRATES + +Issued by us at the Presidential Palace in Abu Dhabi +On 8 Shawal 1427 AH +Corresponding to 31 October 2006 + + " +security and safety,Cabinet Resolution No. (90) of 2020 Concerning the Requirements and Controls for Installing Fire Detectors in Residential Homes,"Article (1) +A. Without prejudice to the provisions of the aforementioned Cabinet Resolution No. (61) of +2020, residential homeowners must abide by the following requirements and controls: +1. Obtaining a certificate of completion for the residential home indicating the fulfilment of +fire prevention and safety requirements for new residential homes or when modifying or +adding to existing residential homes. +2. Abiding by all requirements for installing fire detectors approved by the Directorate +General Of Civil Defence. +3. Installing fire detectors through establishments licensed by the Directorate General Of + +Cabinet Resolution No. (90) of 202 0 Concerning the Requirements and Controls for Installing Fire Detectors in +Residential Homes 2 + Civil Defence and participating in the electronic system for protecting residential homes +at the Directorate General Of Civil Defence with payment of the prescribed cos ts. +4. Maintenance of fire detector systems through establishments licensed by the Directorate +General Of Civil Defence. +5. Updating the data and information of residential homeowners or tenants when +ownership is transferred or when the tenant changes houses. +6. Responding to calls received from the Civil Defence operations rooms and cooperating on +reports received via the electronic system installed in the residential home. +B. Tenants of residential homes shall abide by what the provisions of Clauses (2 and 6) of this +Article. + +" +security and safety,Cabinet Resolution No. (90) of 2020 Concerning the Requirements and Controls for Installing Fire Detectors in Residential Homes,"Article (2) +Companies and institutions concerned with installing fire detectors in residential homes shall abide by the requirements and controls for installing the detectors and participating in the +electronic system for protecting residential homes at the Directorate General of Civil Defence, +which are contained in the Guide attached to this Resolution. + +" +security and safety,Cabinet Resolution No. (90) of 2020 Concerning the Requirements and Controls for Installing Fire Detectors in Residential Homes,"Article (3) +The Minister of Interior is authorised to update the Guide attached to this Resolution. + +" +security and safety,Cabinet Resolution No. (90) of 2020 Concerning the Requirements and Controls for Installing Fire Detectors in Residential Homes,"Article (4) +Any provision that violates o r contradicts the provisions of this Resolution shall be repealed. + +" +security and safety,Cabinet Resolution No. (90) of 2020 Concerning the Requirements and Controls for Installing Fire Detectors in Residential Homes,"Article (5) +This Resolution shall be published in the Official Gazette and shall enter into force as of 03 January 2021. + +Cabinet Resolution No. (90) of 202 0 Concerning the Requirements and Controls for Installing Fire Detectors in +Residential Homes 3 + + +Mohammed Bin Rashid Al Maktoum +Prime Minister +Issued by Us: +On: 16 Jumada I 1442 H +Corresponding to: 31 December 2020 AD . " +security and safety,"Federal Law No (40) of 2006 On the Prohibition of The Development, Production, Stockpiling and Use Of Chemical Weapons","Article (1) +For the purposes of applying the provisions of this Law, the following words and sentences +shall have the meanings illustrated before each unless the context requires otherwise: + +The State : The United Arab Emirates. +The Committe e : The national committee for regulating and controlling the use of +chemical materials and weapons. +The Chairman : The head of the Committee. +The Competent +Authority : The concerned federal entity and the national authority in each +emirates in the United Emirates. +The +Convention : The Convention on the Prohibition of the Development, Production, +Stockpiling and Use of Chemical Weapons and on their Destruction +(""The Convention"") which was approved by the State by virtue of +Federal Decree No. (104) of 2006. +The +Organization : The Organiz ation for the Prohibition of Chemical Weapons (""OPCW""). +The Chemical +Weapons : a. Toxic chemicals and their precursors, except where intended for +purposes not prohibited under the Convention, as long as the types and +quantities are consistent with such pu rposes and the environment; +b. Munitions and devices, specifically designed to cause death or other +harm through the toxic properties of those toxic chemicals specified in +subparagraph (a), which would be released as a result of the +employment of such muni tions and devices; +c. Any equipment specifically designed for use directly in connection +with the employment of munitions and devices specified in +Federal Law of 2006 on the Prohibition of The Development, Production, Stockpiling and Use of Chemical Weapons + 3 + subparagraph. + +Toxic +Chemicals: + : Any chemical which through its chemical action on life processes can +cause death, temporary incapacitation or permanent harm to humans, +animals or environment. This includes all such chemicals, regardless of +their origin or of :their method of production, provided for in the +schedules attached to the Convention and any amendments thereof. + +Precursor: + : Any chemical reactant which takes part at any stage in the production +by whatever method of a toxic chemical. This includes any key +component of a binary or multi -component chemical system, provided +for in the schedules attached to the Convention and any amendments +thereof. + +Purposes not +Prohibited: + : (a) Industrial, agricultural, research, medical, pharmaceutical or other +peaceful purposes; +(b) Protective purposes: the purposes directly related to protection +against toxic chemicals and to protection against chemical weapons; +(c) Military purposes not connected with the use of chemical weapons +and not dependent on the use of the toxi c properties of chemicals as a +method of warfare; +(d) Law enforcement -related purposes including domestic riot control +purposes. + + + +Federal Law of 2006 on the Prohibition of The Development, Production, Stockpiling and Use of Chemical Weapons + 4 + +" +security and safety,"Federal Law No (40) of 2006 On the Prohibition of The Development, Production, Stockpiling and Use Of Chemical Weapons","Article (2) +1. A committee entitled ""National Committee for Regulating and Controlling the use of +Chemical Materials and Weapons"" shall be established and shall be affiliated to the Cabinet. +Such committee shall be established by virtue of Cabinet resolution and shall be competent +to implement the provisions of this Law. +2. By virtue of Cabinet resolution, the work system of the committee shall be issued as well as +the mechanism of filing complaints against the decisions issued by the Committee as per the +Chairman proposal. +3. The Committee shall have the right - within the limits of its assigned to it - to make use of +whoever it deems qualified and competent from the governmental and non -governmental +entities. + +" +security and safety,"Federal Law No (40) of 2006 On the Prohibition of The Development, Production, Stockpiling and Use Of Chemical Weapons","Article (3) +The committee aims at controlling , organizing and following up the prohibition of the +creation, development, production, stockpiling and use of chemical weapons, and at +supervising same . + +" +security and safety,"Federal Law No (40) of 2006 On the Prohibition of The Development, Production, Stockpiling and Use Of Chemical Weapons","Article (4) +This article has been cancelled by Federal Law No. 12 of 2009 + +" +security and safety,"Federal Law No (40) of 2006 On the Prohibition of The Development, Production, Stockpiling and Use Of Chemical Weapons","Article (5) +This Article has been cancelled by Federal Law No. 40 of 2006 + +" +security and safety,"Federal Law No (40) of 2006 On the Prohibition of The Development, Production, Stockpiling and Use Of Chemical Weapons","Article (6) +Federal Law of 2006 on the Prohibition of The Development, Production, Stockpiling and Use of Chemical Weapons + 5 + The committee shall have the authority to practic e the following tasks: +1 - Propose legislations and regulations for the implementation of the provisions of the +agreement. +2 - Establish a permanent communication channel with the organization and exchange +necessary information therewith. +3 - Specify and c lassify the chemical substances pertaining to the agreement by referring to +the governmental and private institutions and establishments, and propose restrictions and +regulations for the use of such substances in accordance with the provisions of the agree ment +and in coordination with the competent authority. +4 - Organize the import and export of chemical substances pertaining to the agreement in +coordination with the competent authority. +5 - Inspect, supervise and follow up before governmental bodies and t he private sector +whatever relates to the chemical substances pertaining to the clauses of the agreement, thus +ensuring the abidance by the restrictions and regulations mentioned in the clauses of the +agreement in coordination with the competent authority. +6 - Set the regulations and rules for the entry of inspectors to the State in view of inspecting +the establishments and examine the production of chemical substances in pursuance of the +restrictions set by the organization and without prejudice to the sec urity of the establishments +and the safety of the State security information. +7 - Follow up the inspection operations carried out by the organization to learn about the +results of said operations. +8 - Follow up the international chemical substances product ion bodies via the organization in +view of learning about the chemical industry establishments which constitute a threat to the +security and safety of the State; propose and submit requests to search for such +establishments in pursuance of the applicable r egulations . +9 - Collect and classify information and data related to the chemical substances used in the +Federal Law of 2006 on the Prohibition of The Development, Production, Stockpiling and Use of Chemical Weapons + 6 + State and set the adequate degree of secrecy for such information. +10 - Submit announcements provided for in the agreement. +11 - Cooperate with States Parties in offering the adequate legal and technical assistance in +view of facilitating the implementation of the obligations mentioned in the agreement. +12 - Grant licenses for the safe use of chemical substances in coordination with the competent +authority and in pursuance of the restrictions provided for in any decision that shall be +promulgated by the Cabinet. +13 - File periodic annual reports to the Cabinet regarding the works and proposals of the +committee, the work hindrances and other matters aiming at developing the work of the +committee. +14 - Any other functions entrusted thereto by the Cabinet . +The committee may entrust the president and the competent authority with some of its +functions in pursuance of the conditions it sees fit. + +" +security and safety,"Federal Law No (40) of 2006 On the Prohibition of The Development, Production, Stockpiling and Use Of Chemical Weapons","Article (7) +Subject to the provisions of the agreement, it shall be prohibited to any natural or juridical +person to carry out any of the following works: +1 - Create, produce, obtain in any other way, stockpile, consume, possess, keep or transport +chemical w eapons directly or indirectly. +2 - Use or threaten to use chemical weapons. + +" +security and safety,"Federal Law No (40) of 2006 On the Prohibition of The Development, Production, Stockpiling and Use Of Chemical Weapons","Article (8) +Subject to the provisions of the agreement, it shall be prohibited to any natural or juridical +person to carry out any of the following works without obtaining a prior consent from the +committee and a license from the competent authority: +1 - Import, export, transport, stockpile, manufacture, circulate, possess or use toxic chemical +Federal Law of 2006 on the Prohibition of The Development, Production, Stockpiling and Use of Chemical Weapons + 7 + substances . +2 - Establish factories, laboratories or warehouses for the works provided f or in clause 1 of the +present article. + +" +security and safety,"Federal Law No (40) of 2006 On the Prohibition of The Development, Production, Stockpiling and Use Of Chemical Weapons","Article (9) +The licensee shall abide by the following : +1 - The criteria of safe handling toxic chemical substances without contradicting the +provisions of the agreement and in pursuance of the implementing regulation hereof. +2 - Keeping records in which all activities exercised by the licensee shall be noted. The +implementing regulation hereof shall specify the data and information that must be provided +and noted in such records. +3 - Periodically notifying the committ ee of the used chemical substances, the method of their +use , the using bodies and the remaining quantities in pursuance of the implementing +regulation hereof. + +" +security and safety,"Federal Law No (40) of 2006 On the Prohibition of The Development, Production, Stockpiling and Use Of Chemical Weapons","Article (10) +The payable fees for licenses provided for herein shall be set by a decision promulgated by +the Cabinet at the proposal of the committee. + +" +security and safety,"Federal Law No (40) of 2006 On the Prohibition of The Development, Production, Stockpiling and Use Of Chemical Weapons","Article (11) +The employees of the Authority who are competent to implement the provisions of this Law +and the decisions effectuating thereof and who are appointed by a decision issued by the +Minister of Justice in agreement with the Chairman shall have the capacity of law enforcement +officers to establish the violations of the provisions of this Law by Decree, decisions, +regulations and instructions issued in execution thereof. +Federal Law of 2006 on the Prohibition of The Development, Production, Stockpiling and Use of Chemical Weapons + 8 + As for the entities authorized to deal in the activities subject to the provisions of this Law, they +shall facilitate the work of such employees while carrying out there tasks. + +" +security and safety,"Federal Law No (40) of 2006 On the Prohibition of The Development, Production, Stockpiling and Use Of Chemical Weapons","Article (12) +Whoever refrains from providing the committee with any information required for the +implementation of the agreement or provides it with false information shall be sentenced to +imprisonment and to a fine of AED 20.000 at least, or to either penalties . + +" +security and safety,"Federal Law No (40) of 2006 On the Prohibition of The Development, Production, Stockpiling and Use Of Chemical Weapons","Article (13) +Whoever breaches any of the provisions of article 7 hereof shall be sentenced to +imprisonment for a minimum period of five years, and to a fine of AED 200.000 at least and +AED 500.000 at most, or to either penalties. In all cases, the substances object of the breach +shall be confiscated, and an order may be issued to clos e the establishment for a minimum +period of one month. + +" +security and safety,"Federal Law No (40) of 2006 On the Prohibition of The Development, Production, Stockpiling and Use Of Chemical Weapons","Article (14) +Whoever breaches any of the provisions of article 8 hereof shall be sentenced to +imprisonment and to a fine of AED 100.000 at least and AED 500.000 at most, or to either +penalties. In all cases, the substances object of the breach shall be confiscated, and an order +may be issued to close the establishment for a minimum period of one month. + +" +security and safety,"Federal Law No (40) of 2006 On the Prohibition of The Development, Production, Stockpiling and Use Of Chemical Weapons","Article (15) +Any person disclosing in a direct or indirect manner any secret information related to the +implementation of the agreement and received by the State from a State party in the +agreement or from the organization, that came to his knowledge due to his work, s hall be +Federal Law of 2006 on the Prohibition of The Development, Production, Stockpiling and Use of Chemical Weapons + 9 + sentenced to imprisonment and to a fine of AED 5.000, or to either penalties. The juridical +person shall be sentenced to a fine of AED 50.000 at least should the members of its board of +directors, its duly licensed staff or representatives commit a ny of the said deeds. + +" +security and safety,"Federal Law No (40) of 2006 On the Prohibition of The Development, Production, Stockpiling and Use Of Chemical Weapons","Article (16) +The crimes mentioned in the present law shall be punishable as per the sanctions provided +for therein without prejudice to any more severe penalty stipulated in any other law. + +" +security and safety,"Federal Law No (40) of 2006 On the Prohibition of The Development, Production, Stockpiling and Use Of Chemical Weapons","Article (17) +Whoever breaches any of the other provisions of the present law, the regulations, rules and +decisions issued in application thereof shall be sentenced to imprisonment or to a fine. + +" +security and safety,"Federal Law No (40) of 2006 On the Prohibition of The Development, Production, Stockpiling and Use Of Chemical Weapons","Article (18) +The bodies dealing with toxic chemical substances and subject to the provisions of the pre sent +law shall accommodate their situation in conformity with the provisions thereof within six +months from the date of its coming into force. + +" +security and safety,"Federal Law No (40) of 2006 On the Prohibition of The Development, Production, Stockpiling and Use Of Chemical Weapons","Article (19) +The Cabinet shall promulgate the required rules and decisions for the implementation of the +provisio ns hereof. + +" +security and safety,"Federal Law No (40) of 2006 On the Prohibition of The Development, Production, Stockpiling and Use Of Chemical Weapons","Article (20) +Every provision conflicting with or contradicting the provisions hereof shall be cancelled. + +" +security and safety,"Federal Law No (40) of 2006 On the Prohibition of The Development, Production, Stockpiling and Use Of Chemical Weapons","Article (21) +Federal Law of 2006 on the Prohibition of The Development, Production, Stockpiling and Use of Chemical Weapons + 10 + This law shall be published in the Official Gazette, and shall come into force as of the date of +its publication. + + + + + + + Khalifah Bin Zayed Al Nahyan +President of the United Arab Emirates State + + + + +Promulgated by Us at the Presidential Palace in Abu Dhabi +On 8 Shawwal 1427 H. +Corresponding to 31/10/2006 + + " +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (1) +Definitions +In application of the provisions of this Law, the following words and phrases shall have the +meanings assigned to each of them, unless the context otherwise requires: +State + : United Arab Emirates . +Min istry + : Ministry of Interior . +Minister of + : Minister of the Interior . +Competent Authority + : The Federal Authority concerned with Child Affairs . +The Concerned Entity + : The Local Authority concerned with Children Affairs . +Child + : Every person born alive who has not completed Eighteen +Years old . +Juvenile Delinquent + : A Child who commits offence punishable by the offences +and Penalties Law or any other law . +Juvenile at Risk of +Delinquency + : The Child whose moral, sexual, physical, psychological, +mental, intellectual or educational integrity may be +exposed to risk that may lead to his being considered a +Juvenile Delinquent . +Juvenile Association + : A place which is suitable for care of Juvenile Delinquent +and Juvenile at Risk of Delinquency . +Child Protection Specialist + : The person licensed and assigned by the Competent +Authority or the Concerned Entity – as the case may be – +to maintain the rights of the Child and protect the Child +within the li mits of their competencies, as stated in Federal +Law No. (3) of 2016 concerning the Child Rights Law +Federal Law No. (6) of 2022 on Juvenile Delinquent and Juvenile at Risk of Delinquency 3 + (Wadeema) . +Guardian + : The person legally responsible for the Child or he is +Guardian of the Child . + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (2) +Scope of Application +The provisions stipulated in this law shall apply to Juvenile Delinquent and Juvenile at Risk +of Delinquency. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (3) +Age Calculation +Pursuant to the provisions of this law, the Gregorian Calendar shall be taken into account +when the Age is calculated. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (4) +Proof of the Age +The age shall be proved under official document. If it is unavailable, the Investigation +Authority or the Court shall appoint a specialist physician to estimate the age using his +techniques. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (5) +Criminal Liability +Delinquent Juvenile Who has not reached the age of (12) at the time of committing the +legally punishable act shall not be criminally liable. +The Public Prosecution may order the appropriate administrative measures stipulated in this +law to be taken in the case of a Delinquent Juvenile who has not reached the age prescribed +under this article, if it deems it necessary. + +Federal Law No. (6) of 2022 on Juvenile Delinquent and Juvenile at Risk of Delinquency 4 + " +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (6) +Delinquent Juvenile who has not yet reached the Age of Sixteen +If the Delinquent Juvenile who has reached the age of (12) Twelve years and has not +reached the age of (16) sixteen years has committed offence punishable by the Law of +offences and Penalties or any other law, the Court shall rule to take whatever judicial +measures it deems necessary provided for in this law. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (7) +Delinquent Juvenile who has reached the Age of Sixteen +If the Delinquent Juvenile who has reached the age of (16) sixteen years has committed +offence punishable by the Law of offences and Penalties or any other law, the Court shall +rule to take whatever j udicial measures it deems necessary provided for in this law instead +of the prescribed penalties. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (8) +Judgment Rules against Juvenile Delinquent +In the cases in which the Juvenile Delinquent may be sentenced to a criminal penalty, the +following rul es shall be applied against him: +1. The Juvenile Delinquent shall not be sentenced to death or imprisonment . +2. The death penalty or imprisonment for the offence committed by the Delinquent +Juvenile shall be replaced by imprisonment for a period not e xceeding (10) ten years . +3. The period of imprisonment imposed on a Juvenile Delinquent may not exceed half of +the maximum limit prescribed for the origin al penalty. In all cases, the imprisonment +that may be imposed on the Delinquent Juvenile in accordance with this Article shall be +executed in the Juvenile Association. If the Delinquent Juvenile has reached the age of +(18) eighteen years and he still has a remaining period, the Delinquent Juvenile shall be +transferred to the Penal Institution or Association to complete the rest of the +punishment. + +Federal Law No. (6) of 2022 on Juvenile Delinquent and Juvenile at Risk of Delinquency 5 + " +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (9) +Penal Principles for Dealing with Juvenile Delinquents +1. The provisions of recidivism shall not apply to the Delinquent Juvenile. +2. The Juvenile Delinquent shall not be subject to consequential or complementary +penalties, except for confiscation and removal from employment, unless the Court +deems it beneficial to issue a judgment thereof. +3. The Juvenile Delinquent shall not be subject to financial penalties. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (10) +Legal Guarantees for Juvenile Trial +The following legal guarantees shall apply to the Delinquent Juvenile upon Trial: +1. If a Juvenile Delinquent commits more than one offence before a judgment is passed +against him in one of the offences, the Juvenile Delinquent shall be tried for it as a single +offence, provided that the penalty prescribed for the most severe offence is pa ssed. +2. If, after the judgment against the Delinquent Juvenile that he committed another offence +prior to the issuance of the judgment, the Court may find it sufficient with the judicial +measures or the penalties imposed against him. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (11) +Judici al Measures +The Judicial Measures that the Court may impose on the Juvenile Delinquent in the event of +conviction of offence are: +1. Judicial Probationary Period. +2. Electronic Surveillance. +3. Community Service. +4. Prohibition of practice of a certain work. +5. Mandatory vocational training. +6. Placing at the Health Facility. +7. Placing at the Juvenile Association. +Federal Law No. (6) of 2022 on Juvenile Delinquent and Juvenile at Risk of Delinquency 6 + 8. Placing at the National Counselling Centre. +In all cases, the Juvenile Delinquent may be sent enced to more than one of the measures +referred to in the aforementioned, whenever his interest so requires. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (12) +Judicial Probationary Period +In the cases in which the Delinquent Juvenile may be sentenced to imprisonment, the Court +may order the suspension of pronouncement of the conviction for a period of not less than +one year and not exceeding three years, provided that the Delinquent Juvenil e has not +reached the age of eighteen during the period of Judicial Probationary Period, while placing +him under supervision and the restrictions required by the Judicial Probationary Period. +If the Juvenile successfully passes the Judicial probationary pe riod, the case shall be deemed +as if it has not existed. Otherwise, the Juvenile shall be retried in accordance with the +provisions of this Law. +The Executive Regulations of this law shall determine the procedures for implementing the +Judicial Probationary Period measure. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (13) +Electronic Surveillance +The Court may place the Delinquent Juvenile under Electronic Surveillance to prevent him +from visiting the places where it is proven that his visit has an effect on his Delinquency. +The Executive Regula tions of this law shall determine the cases in which Surveillance is +obligatory, and the duration and procedures for implementing and following up this +measure. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (14) +Community Service +The Court may decide to assign a Delinquent Juvenile who has rea ched the age of sixteen to +perform community service within a specified period of time and for a number of daily +Federal Law No. (6) of 2022 on Juvenile Delinquent and Juvenile at Risk of Delinquency 7 + hours. If the Juvenile Delinquent does not undertake them or fails to complete them, the +Court may decide what it deems appropriate from the me asures mentioned in this law. +The Executive Regulations of this law shall determine the conditions of community service, +its performance locations, its duration, and the procedures for implementing this measure. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (15) +Vocational Training +The obligat ion for vocational training is that the Court entrusts the Delinquent Juvenile to +Government Agencies, Associations or the Private Sector for a period not exceeding (3) three +years. If the Delinquent Juvenile does not undertake vocational training or fails to complete +it, the Court may decide what it deems appropriate from the measures mentioned in this +law. +The Executive Regulations of this law shall determine the procedures for implementing of +this measure. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (16) +Placing at a Health Facility +If the Court finds that the Juvenile Delinquency is due to a mental or psychological illness, it +may order that he be placed in a therapeutic shelter or health facility designated for this +purpose until he is cured. +The Court then shall decide the release the De linquent Juvenile based on periodic reports of +the doctors supervising his treatment. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (17) +Placing at the Juvenile Association +The Court may order the placement of the Delinquent Juvenile in a Juvenile Association for +rehabilitation and correction of behaviour. +The Court shall decide the release of the Delinquent Juvenile or replace the measure with +another based on the periodic reports submitted by the Juvenile Association. +Federal Law No. (6) of 2022 on Juvenile Delinquent and Juvenile at Risk of Delinquency 8 + The Delinquent Juvenile may not remain in the Juvenile Association when he reaches the +age of (18) eighteen years. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (18) +Deposit at the National Counselling Centre +The Court may order that the Delinquent Juvenile who is convicted of terrorist danger be +deposited in the National Counselling Centre. +The Court shall decide to release or continue the placement of the Juvenile Delinquent +based on the periodic reports submitted by the National Counselling Centre to the Court. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (19) +Stay of Execution +When a judgment is passed for one or more of the measures stipulated in this law, it may +order the stay of execution of the judgment. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (20) +Penal Reconciliation +Penal Reconciliation shall be applied to violations and misdemeanours for which the +pen alty of imprisonment does not exceed one year, if the Juvenile Delinquent commits the +violations and misdemeanours for the first time. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (21) +Delinquent Juvenile Trial +The Delinquent Juvenile Trial shall take place in private and in the presence of C hild +Protection Specialist. Only his Guardian, witnesses, lawyers, and those authorised by the +Court may attend. +A Juvenile Delinquent in felony offences shall not be tried except in the presence of a lawyer. +If the Guardian does not assign a lawyer for th e Juvenile, the Court shall assign him a lawyer +Federal Law No. (6) of 2022 on Juvenile Delinquent and Juvenile at Risk of Delinquency 9 + who shall be paid by the State for his efforts as set forth in the Code of Criminal Procedure. +The Court may carry out Trial procedures using remote communication technology in +criminal proceedings. +The Court may exempt the Delinquent Juvenile from attending the Trial in person and +decide to hear the witnesses in his absence if it deems that his interest requires that. +However, a conviction may not be passed except after the Delinquent Juvenile has been +made a ware of the procedures that took place in his absence, and the verdict shall be +pronounced in an open session. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (22) +Investigation Controls +When investigating a Delinquent Juvenile, the following rules shall be observed: +1. The Police shall notify the Guardian or one of the relatives of the Delinquent Juvenile as +soon as possible if the information relating to him is fit for reporting. The Juvenile +Delinquent may request the presence of the Guardian. +2. Iron handcuffs or an y kind of handcuffs that restrict the movement of a Delinquent +Juvenile may not be placed except in cases specified by the Executive Regulations of this +law. +3. If the act committed by the Juvenile Delinquent constitutes a felony, the Police shall +inform the Public Prosecution to take its actions before taking any procedural action +against him. +4. The Police shall take the statement of the Delinquent Juvenile in cases other than +felonies, in the presence of a Child Protection Specialist, who shall prepa re a report on +the Delinquent Juvenile and express his opinion in writing on issues related to his +personality. The Executive Regulations shall determine the controls and places for taking +the Delinquent Juvenile statement. +5. The Juvenile Delinquent sha ll be given the opportunity to express his views freely and +his views shall be given due consideration in accordance with his age and maturity. +6. After completing the Delinquent Juvenile statement, the Police shall refer him to the +Federal Law No. (6) of 2022 on Juvenile Delinquent and Juvenile at Risk of Delinquency 10 + Public Prosecution, a nd shall attach the report of the Child Protection Specialist, +including a statement of the Delinquent social and psychological condition, the +environment in which he grew up, his opinion on the factors that prompted him to +commit the punishable act or exp osed him to Delinquency, and the proposed measures +to reform it. +7. The Public Prosecution shall inform the Juvenile Delinquent of the charges against him +and deal with the accusation and the case. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (23) +Remand in Custody +A Juvenile Delinquent may not be remanded in custody. However, if the circumstances of +the case require taking a precautionary measure against him, the Public Prosecution may +order that he be placed in a Juvenile Association, provided that the placement pe riod does +not exceed one week, unless the Court agrees to extend it for a maximum period of (30) +thirty days. +Instead of placing the Delinquent Juvenile, it may be ordered that the Delinquent Juvenile be +handed over to his Guardian, provided that the Delin quent Juvenile is committed to present +at every request. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (24) +Trial Controls +When prosecuting a Delinquent Juvenile, the following rules shall be observed: +1. If the case of the Delinquent Juvenile is related to Defendants who have completed (18 ) +eighteen years of age at the time of committing the offence, the Trial procedures for the +Delinquent Juvenile shall be carried out in accordance with the provisions of this law. +2. The jurisdiction of the Court shall be determined by the place where th e legally +punishable act took place. The Court may refer the criminal case to the Court within +whose jurisdiction the Delinquent Juvenile or his family resides in order to achieve his +best interest. The Court to which he is referred shall accept the case. +Federal Law No. (6) of 2022 on Juvenile Delinquent and Juvenile at Risk of Delinquency 11 + 3. The Juvenile Delinquent, the Guardian, his lawyer, or one of the parties to the case may +request the Court to discuss with the Child Protection Specialist concerning his report +submitted to the Court. +4. The Court shall, after reviewing the report submitted by the Child Protection Specialist, +rule on the case and be guided by what is stated therein. +5. If the conditioning of the act committed by the Delinquent Juvenile constitutes a felony, +two Child Protection Specialists shall be present . + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (25) +Notice to the Delinquent Juvenile +Every action required by law to be informed to the Juvenile shall be notified to his Guardian, +and he may proceed in the interests of the Delinquent Juvenile with the appeal methods +prescribed. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (26) +Legal Protection of the Juvenile +1. The name and photos of the Delinquent Juvenile may not be published or to publishing +the facts of the investigation or Trial or its summary or summary of the judgment in any +means of publication, media or social commu nication, in any way whatsoever, unless +the Court or the Public Prosecution allows it. +2. The Court shall take all necessary measures to prevent infringement by any means that +the Delinquent Juvenile may be exposed to in his private life, and confiscate pamphlets, +books, recordings, photos, films, correspondence, or any documents, papers, tools, or +devices that it deems harmful to his reputation, honour, or the reputation and honour of +his family. And prevent its circulation through social media or any ot her means. +3. The Court shall consider, in an urgent manner, taking the procedures stipulated in this +Article, according to a request submitted by the Delinquent Juvenile, the Guardian, the +Police, or the Public Prosecution. + +Federal Law No. (6) of 2022 on Juvenile Delinquent and Juvenile at Risk of Delinquency 12 + " +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (27) +Suspension of the Guardianship over the Delinquent Juvenile +Subject to the provisions of the laws in force with regard to Guardianship over oneself, the +Court may suspend all Guardianship rights if the Guardian is the cause of his Delinquency. +If the Court shall decide to suspend the Guardianship, it refers the matter to the Court +concerned with personal status affairs to appoint a Guardian over the Delinquent Juvenile in +accordance with the legislation in force in the State. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (28) +Appeal of Judgments +Judgments issued against Juveniles may be appealed. The appeal shall be submitted with a +report to the Competent Court within thirty (30) days from the date of issuance of the +judgment if it is in presence, or from the date of informing the ju dgment if it is in absentia. +The Court shall decide on it as soon as possible. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (29) +Enforcement of judgments +The judgment to place the Delinquent Juvenile at a Juvenile Association or the National +Counselling Centre shall be enforceable even if it is challenged by appeal. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (30) +Modification of Judicial Measures +The Court may, on its own, after reviewing the reports submitted to the Court, or at the +request of the Delinquent Juvenile or his Guardian, rule to amend, suspend or terminate the +judgment measures. In all cases, the Court judgment shall not be subject to appeal. A new +application shall not be accepted before the lapse of (3) three months from the issuance of +the judgment. + +Federal Law No. (6) of 2022 on Juvenile Delinquent and Juvenile at Risk of Delinquency 13 + " +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (31) +Dealing with Juveniles according to Age +1. If an accused person is sentenced, then it is revealed by official papers that he has +completed (18) eighteen years of age, the Public Prosecution shall refer the matter to the +Court that issued the judgment to cancel it and rule on the case in accordance with the +Procedures prescribed for Juvenile Delinquent Trails . +2. If an accused person is sentenced to one of the measures prescribed for Juveniles, then it +is revealed by official papers that he has completed (18) eighteen years of age, the Public +Prosecution shall refer the matter to the Court that issued the judgment to cancel it and +rule on the case in accordance with the provisions prescribed in the Code of Criminal +Procedures. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (32) +Social Risk to the Child +Social risk to the Child and it is feared that he will be exposed to Delinquency in any of the +following cases: +1. If he is found practicing what is not considered a legitimate means of subsistence. +2. If he sleeps overnight in other than his home or in places not intended for resi dence or +overnight. +3. If he visits places that people of his age are prohibited, or if he mixes with suspects or +criminals. +4. If he is repeatedly absent from home or escaping from school. +5. If he is of bad behaviour or outside the authority of his Guardian. +6. If he performs acts related to narcotics, psychotropic substances, alcohol, violence, or +acts contrary to morals or public morals. +7. If he is found carrying any weapon or tool that endangers the safety and lives of others. +8. If there are indications that he may harm himself in any way. +9. If he is subjected to abuse that would lead him to deviant behaviour. +10. If the Guardian refuses to receive it or abandons it. +Federal Law No. (6) of 2022 on Juvenile Delinquent and Juvenile at Risk of Delinquency 14 + 11. Any cases specified by the Executive Regulation of this Law. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (33) +Administrative Measures +The Police may impose the following administrative measures on a Juvenile at Risk of +Delinquency: +1. Delivery to the Guardian. +2. Commitment to certain d uties. +3. Electronic Surveillance to prevent him from going to specific places, or specifying exit +hours. +4. Referral to health or specialised facilities. +5. Referral to the Juvenile Association. +6. The Executive Regulations of this law shall specify the conditions and controls for these +administrative measures, grievance procedures, and the cases in which the +administrative measure may be amended. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (34) +Implementation of Administrative Measure s +The Police shall notify the Guardian in writing if he finds the Juvenile at Risk of Delinquency +in any of the cases stipulated in article (32) of this law. +If the Juvenile at risk of Delinquency is referred to the Juvenile Association, the Guardian +may a ppeal against this procedure within (10) ten days from the date of his knowledge. +If the Juvenile at Risk of Delinquency has reached the age of (18) eighteen years and is still in +the Juvenile Association, the Association shall hand him over to the Guardia n. +The Executive Regulation of this Law shall determine the procedures necessary for its +submission and the regulations of implementing this Article. + + + +Federal Law No. (6) of 2022 on Juvenile Delinquent and Juvenile at Risk of Delinquency 15 + " +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (35) +The Juvenile Association Regulation +The Minister shall issue the necessary Resolutions to re gulate the Juvenile Association in a +way that guarantees their care and rehabilitation and the implementation of the sentences +issued against them in coordination with the competent authority and the concerned party +in the State. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (36) +The Juvenile Association Powers + +1. The Juvenile Association may, on its own or at the request of the Delinquent Juvenile and +his Guardian, recommend the conditional release of the Juvenile against whom he is +sentenced, after he has spent half of the term he is sentenced to, if he has behave d well +during the period he spent in the Juvenile Association. The Executive Regulations shall +specify this law has criteria and controls for conditional release. In all cases, the release +resolution shall be issued by the Minister or his authorised repres entative, provided that +the Public Prosecutor is notified of that. +2. A Delinquent Juvenile may be granted permission to visit his relatives while placing him +under Electronic Surveillance. This shall be by a decision of the Public Prosecution after +revi ewing the Child Protection Specialist Report based on the recommendation of the +Director of the Juvenile Association. The Executive Regulations of this law shall regulate +the conditions and controls for granting such permission. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (37) +The Juvenile A ssociation Disciplinary Measures +The Juvenile Association may take the following disciplinary measures: +1. Reprimand. +2. Warning. +3. Denial of certain benefits. +Federal Law No. (6) of 2022 on Juvenile Delinquent and Juvenile at Risk of Delinquency 16 + 4. Denial of visit permission. +5. Social isolation. +The Executive Regulations of this law shall determine the conditions and controls necessary +for the implementation of these disciplinary measures. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (38) +Subject to National Counselling Centre +The Public Prosecutor may subject the Juvenile at Risk of Delinquency in cases involving a +terrorist threat to the programmes offered by the National Counselling Centre. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (39) +Penalties +The imposition of the penalties stipulated in this Law shall be without prejudice to any more +severe penalty stipulated in any other law. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (40) +Anyone to whom the Juvenile is handed over and who refuses to present him to the +Competent Authorities upon his request or deliberately refrains from following up on the +Follow -Up Care Progra mmes shall be punished with a fine of not less than (AED 5000) Five +Thousand Dirhams and not exceeding (AED 30,000) Thirty Thousand Dirhams. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (41) +Whoever secures place to a Juvenile Delinquent, or incites him to violate it, or helps him to +do so, s hall be punished by imprisonment and a fine of no less than (AED 50,000) Fifty +Thousand Dirhams. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (42) +1. Whoever exposes a Juvenile to one of the cases of Delinquency by aiding or inciting him +Federal Law No. (6) of 2022 on Juvenile Delinquent and Juvenile at Risk of Delinquency 17 + to conduct it or facilitating it in any way, even if the case of Delinquency has not been +legally established, shall be punished by imprisonment for a period of no less than one +year and a fine of no less than (AED 50,000) Fifty Thousand Dirhams. +2. The penalty shall be imprisonment for a period of no les s than two years and a fine of no +less than (AED 100,000) One Hundred Thousand Dirhams whoever prepares a Juvenile +to commit offence or performs any preparatory, facilitating or completing work for its +commission or incites him to commit it, even if the Ju venile has not actually committed +it. +3. The penalty shall be imprisonment for a period of no less than (3) three years and a fine +of no less than (AED 200,000) Two Hundred Thousand Dirhams if the Offender uses +coercive or threatening means with the Juve nile. +4. The Offender shall be punished by imprisonment for a period of no less than (5) five +years if he commits these acts with more than one Juvenile, even at different times. +5. It is considered an aggravating circumstance if the Offender is the Guardian of the Child, +and the penalty is multiplied by the number of Children. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (43) +1. Whoever publishes, without permission, the name and photos of the Delinquent +Juvenile, or publishes the facts of the investigation or Trial, or its summary, or summary +of the judgment, in any means of publication, media, or social media, shall be punished +by imprisonment for a period of no less than one year, and a fine of no less than (AED +50,000) Fifty Thousand Dirhams. +2. Whoever obstructs or prevents employees of the Juvenile Association from carrying out +their duties or obstructs their work without legal support shall be punished by +imprisonment or a fine of no less than (AED 10,000) Ten Thousand Dirhams. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (44) +Without prejudice to the penalties stipulated in this law, anyone who violates the +Regulations and resolutions issued in implementation thereof shall be punished with +Federal Law No. (6) of 2022 on Juvenile Delinquent and Juvenile at Risk of Delinquency 18 + imprisonment or a fine. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (45) +Judicial Control Off icers +The employees who work in the Juvenile Association shall have the capacity of Judicial +Control Officers with regard to Juvenile Delinquency. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (46) +Follow -Up Care of the Juveniles +The Ministry, in coordination with the Competent Authority and the Concerned Entity, shall +develop programmes and policies necessary for the Follow -Up Care Juveniles and their +integration into society, as determined by the Executive Regulations of this law . +The Executive Regulations of this law determine the violations and administrative penalties +related to the violation of aftercare programs and policies. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (47) +Executive Regulation +The Cabinet, based on a proposal of the Minister, shall issue the E xecutive Regulations for +this Decree by Law within three (3) months from the date of its enforcement. + +" +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (48) +Repeals +1. Federal Law No. (9) of 1976 on Delinquent Juveniles and Homeless . +2. Any provision that violates or contradicts the provisions of this Law shall be repealed. +3. The Resolutions and Regulations issued prior to the entry into force of this law shall +remain in force, in a manner th at shall not conflict with its provisions, until the issuance +of provisions replacing them in accordance with the provisions herein. + +Federal Law No. (6) of 2022 on Juvenile Delinquent and Juvenile at Risk of Delinquency 19 + " +security and safety,Federal Law No. (6) of 2022 concerning Juvenile Delinquent and Juvenile at Risk of Delinquency,"Article (49) +Law Publication and Enforcement +This Law shall be published in the Official Gazette and shall come into force after (3) three +months from the date of its publication. + + + + + +Mohammed Bin Zayed Al Nahyan +President of the United Arabic Emirates + + +Issued by us at the Palace of the Presidenc y in Abu Dhabi: +On: 19 Jumada Al -Awwal 1444 H +Corresponding to: December 13, 2022 + + " +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (1) +The international crimes, which the State Courts have jurisdiction over in accordance with +the provisions of this Decree -Law are as follows: +1. The crime of genocide; +1. Crimes against humanity; +3. War crimes; +4. The crime of aggression. + +Chapter Two +Crime of Genocide and Crimes against Humanity +Section One +Crime of Genocide +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (2) +Death penalty or life imprisonment shall be inflicted on anyone who commits any of the +following acts with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, provided that the act was committed in the context of a manifest pattern of +acts directed against that group or was an act that could itself effect such destruction: +1. Killing members of the group; +2. Causing serious bodily or mental harm to members of the group; +3. Deliberately inflicting on the group conditions of life calculated to bring about its +physical destruction in whole or in part; +4. Imposing measures intended to prevent births within the group; +Federal Decree- Law of 2017 on International Crimes 3 + 5. Forcibly transferring children of the group to another g roup. + +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (3) +The same punishment inflicted for attempting the incited crime, if the incitement does not +produce an effect, shall be inflicted upon anyone who directly and publicly incites others to +commit the crimes described in this Section. + +Section Two +Crimes against Humanity +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (4) +For the purposes of this Section, ""attack directed against any civilian population"" shall mean +a course of conduct involving the multiple commission of acts referred to in this Section +against any civilian po pulation, pursuant to or in furtherance of a State or organizational +policy to commit such attack. + +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (5) +Death penalty or life imprisonment shall be inflicted on anyone who commits any of the following acts, whenever committed as part of a widespre ad or systematic attack directed +against any civilian population, with knowledge of the attack: +1. [cut off]; +2. Extermination; this includes the intentional infliction of conditions of life, inter alia the +deprivation of access to food and medicine, c alculated to bring about the destruction of +part of a population; +3. Rape, sexual slavery, enforced prostitution, enforced sterilization, forced pregnancy, or +any other form of sexual violence of comparable gravity; +Federal Decree- Law of 2017 on International Crimes 4 + Forced pregnancy means forcing women to get pregnant and illegitimately give birth, with +the intent of affecting the ethnic composition of any population or carrying out other grave +violations of international law. + +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (6) +Life or temporary imprisonment shall be inflicted on anyone who commits any of the following acts, whenever committed as part of a widespread or systematic attack directed +against any civilian population, with knowledge of the attack: +1. Enslavement, through the exercise of any or all of the powers attaching to the right of +ownership over a person, including trafficking in persons, in particular women and children; +2. Deportation or forcible transfer of population by forcibly transferring them from the area in which they are lawfully present by means of expulsion or other coercive acts, without +grounds permitted under international law; +3. Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; +4. Torture, through the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused, unless the pain +or suffering has arisen from or is inherent in or incidental to, lawful sanctions; +5. Persecution through the intentional and severe deprivation of fundamental rights +contrary to international law against any identifiable group or collectively on political, +racial, national, ethnic, cultural, religious, gender - be it male or female -, or other grounds +that are universally recognized as impermissible under international law, in connection with any act referre d to in this Section or any crime provided for in this Decree Law; +6. Enforced disappearance of persons, through the arrest, detention or abduction of +Federal Decree- Law of 2017 on International Crimes 5 + persons by, or with the authorization, support or acquiescence of, a State or a political +organization, followed by a refusal to acknowledge that deprivation of freedom or to +give information on the fate or whereabouts of those persons, with the intention of +removing them from the protection of the law for a prolonged period of time. +7. Apartheid by the c ommitment of inhumane acts of a character similar to those referred +to in this Section, in the context of an institutionalized regime of systematic oppression +and domination by one racial group over any other racial group or groups and with the +intention o f maintaining that regime; +8. Other inhumane acts of a character similar to that of the acts provided for in this Section, which intentionally cause great suffering or serious injury to body or to mental or +physical health. + +Chapter Three +War Crimes +Section One +General Provisions +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (7) +In the application of the provisions of this Chapter, ""protected persons"" means: +1. In international armed conflicts: people protected under the provisions of the four +Geneva Conventions of 1949, and the first ad ditional protocol of 1977. +2. In non -international armed conflicts: those who are not directly involved in hostile acts, +including members of armed forces who laid down their weapons, and those unable to fight due to illness, wounds, detention or any oth er reason, as stated in the Article 3 +common to the four Geneva Conventions of 1949, the second additional protocol of 1977 and the rules of the customary international humanitarian law. +Federal Decree- Law of 2017 on International Crimes 6 + +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (8) +In the application of the provisions of this Chapter, s ituations of internal disturbances and +tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature +shall not be considered non- international armed conflicts. + +Section Two +War Crimes relating to the use of prohibited methods and means of fighting +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (9) +Death penalty or life imprisonment shall be inflicted on anyone who commits any of the +following acts, in the context of international or non -international armed conflict, associated +therewith: +1. Killing or wound ing treacherously individuals belonging to the hostile nation or army or +an enemy fighter; +2. Employing poison or poisoned weapons; +3. Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials +or devices; +4. Employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions. + +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (10) +Life or temporary imprisonment shall be inflicted on anyone who com mits any of the +following acts, in the context of international or non -international armed conflict, associated +therewith: +1. Intentionally directing attacks against the civilian population in such capacity or against +Federal Decree- Law of 2017 on International Crimes 7 + individual civilians not taking dire ct part in hostilities; +2. Intentionally directing attacks against buildings dedicated to religion, education, art, +science or charitable purposes, historic monuments, hospitals and places where the sick +and wounded are collected, provided that they are not military objectives; +3. Declaring that no one shall survive. +Death penalty or life imprisonment shall be inflicted if the act results in the death of one person or more. + +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (11) +Death pen alty or life imprisonment shall be inflicted on anyone who commits any of the +following acts, in the context of international armed conflict, associated therewith: +1. Intentionally launching an attack in the knowledge that such attack will cause incident al +loss of life or injury to civilians or damage to civilian objects or widespread, long -term +and severe damage to the natural environment which would be clearly excessive in +relation to the tangible and direct overall military advantage anticipated; +2. Employing weapons, projectiles and material and methods of warfare which are of a +nature to cause superfluous injury or unnecessary suffering or which are inherently +indiscriminate in violation of the provisions of the international law applicable to armed +conflict, provided that such weapons, projectiles and material and methods of warfare +are the subject of a prohibition. + +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (12) +Life or temporary imprisonment s hall be inflicted on anyone who commits any of the +following acts, in the context of international armed conflict, associated therewith: +1. Intentionally directing attacks against civilian objects; i.e. objects which are not military; +Federal Decree- Law of 2017 on International Crimes 8 + 2. Attacking or b ombarding, by whatever means, towns, villages, dwellings or buildings +which are undefended and which are not military objectives; +3. Utilizing the presence of a civilian or other protected persons to render certain points, +areas or military forces immune from military operations; +4. Intentionally using starvation of civilians as a method of warfare by depriving them of +objects indispensable to their survival, including wilfully impeding relief supplies as +provided for in the four Geneva Conventions of 1 949. +Death penalty or life imprisonment shall be inflicted if the act results in the death of one +person or more. + +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (13) +Life or temporary imprisonment shall be inflicted on anyone who, in the context of +non-international armed conflict orders associated therewith, the displacement of the +civilian population for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand. Life or temporary imprison ment shall be +inflicted if the act results in the death of one person or more. + +Section Three +War Crimes against Individuals +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (14) +Death penalty or life imprisonment shall be inflicted on anyone who intentionally kills a +protected person, in the c ontext of international or non -international armed conflict, +associated therewith. + + +Federal Decree- Law of 2017 on International Crimes 9 + " +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (15) +Death penalty or life imprisonment shall be inflicted on anyone who commits any of the +following acts, in the context of international or non -intern ational armed conflict, associated +therewith: +1. Subjecting persons who are in the power of an adverse party to physical mutilation or to +medical or scientific experiments of any kind which are neither justified by the medical, +dental or hospital treatme nt of the person concerned nor carried out in his or her +interest, and which cause death to or seriously endanger the health of such person or +persons; +2. Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in +Article 5 o f this Decree -Law, enforced sterilization, or any other form of sexual violence +also constituting a grave breach of the four Geneva Conventions of 1949. + +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (16) +Life or temporary imprisonment shall be inflicted on anyone who takes protected persons as +hostages, in the context of international or non -international armed conflict, associated +therewith. +Death penalty or life imprisonment shall be inflicted if the act results in the death of one +person or more. + +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (17) +Life or temporary imprisonment shall be inflicted on anyone who conscripts or enlists children under the age of fifteen years into the armed forces or using them to participate actively in hostilities, in the context of international or non -international armed conflict, +associated therewith. +Federal Decree- Law of 2017 on International Crimes 10 + Death penalty or life imprisonment shall be inflicted if the act results in the death of the +recruited child. + +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (18) +Death penalty or life imprisonment shall be inflicted on anyone who kills or wounds a +combatant who, having laid down his arms or having no longer means of defence, has surrendered at discretion, in the context of international armed conflict, associated +therewith. + +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (19) +Life or t emporary imprisonment shall be inflicted on anyone who commits any of the +following acts against protect persons, in the context of international armed conflict, associated therewith: +1. Torture or inhuman treatment, including biological experiments; +2. Unlawful deportation or transfer or unlawful confinement; +3. Compelling a prisoner of war or other protected person to serve in the forces of a hostile +Power; +4. Wilfully depriving a prisoner of war or other protected person of the rights of fair and +regular trial; +5. Wilfully causing great suffering, or serious injury to body or health. +Death penalty or life imprisonment shall be inflicted if the act results in the death of one +person or more. + +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (20) +Life or temporary imprisonment shall be inflicted on anyone who commits any of the +Federal Decree- Law of 2017 on International Crimes 11 + following acts, in the context of international armed conflict, associated therewith: +1. Compelling the nationals of the hostile party to take part in the operations of war +directed against their own country, even if they were in the belligerent's service before +the commencement of the war; +2. The transfer, directly or indirectly, by the Occ upying Power of parts of its own civilian +population into the territory it occupies, or the deportation or transfer of all or parts of +the population of the occupied territory within or outside this territory. +Death penalty or life imprisonment shall be inflicted if the act results in the death of one +person or more. + +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (21) +Life or temporary imprisonment shall be inflicted on anyone who commits outrages upon +personal dignity, in particular humiliating and degrading treatment, in the context of +inter national armed conflict, associated therewith. + +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (22) +Death penalty or life imprisonment shall be inflicted on anyone who passes sentences and +carries out executions against protected persons without previous judgement pronounced +by a regularly constituted court, affording all judicial guarantees which are generally +recognized as indispensable, in the context of non- international armed conflict, associated +therewith. + +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (23) +Life or temporary imprisonment shall be inflicted on anyone who comm its acts of violence +against protected persons, in particular mutilation, cruel treatment and torture, in the +Federal Decree- Law of 2017 on International Crimes 12 + context of non -international armed conflict, associated therewith. +Death penalty or life imprisonment shall be inflicted if the act results in the death of one +person or more. + +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (24) +Life or temporary imprisonment shall be inflicted on anyone who commits outrages upon +personal dignity of protected persons, in particular humiliating and degrading treatment, in +the context of non -international armed conflict, associated therewith. + +Section Four +War Crimes against Properties and other Rights +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (25) +Life or temporary imprisonment shall be inflicted on anyone who commits any of the following acts, in the context of international or non -international armed conflict, associated +therewith: +1. Pillaging a town or place, even when taken by assault; +2. Destroying or seizing the enemy's property unless such d estruction or seizure be +imperatively demanded by the necessities of war. + +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (26) +Life or temporary imprisonment shall be inflicted on anyone who commits any of the following acts, in the context of international armed conflict, associated therewith: +1. Extensive destruction and appropriation of properties protected by the relative Geneva convention, which are not justified by military necessity and carried out unlawfully and +wantonly; +Federal Decree- Law of 2017 on International Crimes 13 + 2. Declaring abolished, suspended or inadmissible in a court of law the rights and actions +of the nationals of the hostile party. + +Section Five +War Crimes against Humanitarian Operations and their Emblems +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (27) +Life or temporary imprisonment shall be inflicted on anyone who commits any of the +following acts, in the context of international or non -international armed conflict, associated +therewith: +1. Intentionally directing attacks against personnel, installations, material, units or vehicles +involved in a humanitarian assistance or peacekeeping mission in accordance with the +Charter of the United Nations, as long as they are entitled to the protection given to +civilians or civilian objects under the international law; +2. Intentionally directing attacks against buildings, materials, medical units and +transportation means, and personnel using the distinctive emblems stated in the four +Geneva Conventions of 1949, in conformity with international law. +Death penalt y or life imprisonment shall be inflicted if the act results in the death of one +person or more. + +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (28) +Temporary imprisonment shall be inflicted on everyone who makes improper use of a flag +of truce, of the flag or of the military insignia and uniform of the enemy or of the United +Nations, as well as of the distinctive emblems of the four Geneva Conventions of 1949, +resulting in death or serious personal injury, in the context of international armed conflict associated therewith. +Federal Decree- Law of 2017 on International Crimes 14 + Death penalty or life imprisonment shall be inflicted if the act results in the death of one +person or more. + +Chapter Four +Crime of Aggression +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (29) +1. Death penalty or life imprisonment shall be inflicted on anyone who is in the position of practicing control or being able to direct political or military acts in the state, and plans, +launches or implements an act of aggres sion that would constitute - given its character, +seriousness and scope - a clear violation of the Charter of the United Nations. +2. ""Act of Aggression"" means the use of armed force by the state against the sovereignty, +regional safety or political indepen dence of another state, or in any other form that is in +violation of the Charter of the United Nations. +3. Any of the following acts shall be considered an act of aggression, whether or not there is +a declaration of war: +a. The armed forces of a certain state invade or attack a region of another state, or any military occupation, even if temporarily, as a result of such invasion or attack, or any +merging of a region of a state or portion of it by use of force. +b. The armed f orces of a certain state bomb a region of another state or a state uses any +weapons against a region of another state. +c. Imposing a blockade on the ports of a state, its coast, or its airspace by the armed forces of another state. +d. The armed forces of a certain state attack the ground troops, the navy, and the air +force, or the navy and air fleets of another state. +e. A certain state whose armed forces are present in a region of another state with the +Federal Decree- Law of 2017 on International Crimes 15 + consent of the host state, uses its armed force s in violation of the conditions stated in +the agreement or extends their presence in the aforementioned region beyond the +end of the agreement. +f. A certain state that has placed its region under the control of another state permits +that other state to use this region to perpetrate an act of aggression against a third +state. +g. Sending gangs, or armed groups, or irregular forces, or mercenaries from a particular +state or in the name of the state, to conduct armed acts against another state that are +dan gerous to a degree tantamount to one of the acts of aggression stated in Item 3 of +this Article, or to the tangible participation of that state in this act. + +Chapter Five +Special Substantive Provisions +Section One +Decree -Law Validity and Interpretation and the Deportation Measure +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (30) +Without prejudice to the provisions of Book One , Chapter two, Section two of the Federal +Penal Code, the provisions of this Decree -Law shall apply to anyone who commits an act +outside the State that makes him a perpetrator or a partner in any of the crimes provided for +herein, whenever such act is committed by or against any State national, or others who are +affiliates to or participants in its armed forces. + +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (31) +Whenever appropriate, the competent court shall refer to the following in the interpretation +Federal Decree- Law of 2017 on International Crimes 16 + and application of this Decree Law: +1. Rome Statute of the International Criminal Court and the elements of crimes adopted by +the Court and their applicable ame ndments at the time of committing the crime. +2. Applicable conventions and principles and rules of the international law, including the +principles stipulated in the International Law on Armed Conflicts. + +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (32) +For matters not provided for herein, the competent court shall implement the applicable +provisions of the following laws, as case may be: +1. Military Penal Code. +2. The Federal and other Penal Codes. +3. Law on the Formation of Military Courts. +4. Law on Military Penal Procedures System +5. Law on Penal Procedures System. + +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (33) +A sentence convicting a foreigner in any crime provided for herein shall necessitate the +deportation of the convicted from the State, after the expiry of the sentence. + +Section Two +Reasons and deterrents of relief and criminal responsibility +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (34) +A military commander or person effectively acting as a military commander shall be +criminally responsible for the crimes provided for in this Decree -Law, that are committed by +forces under his or her effective command and control, or effective authority an d control as +Federal Decree- Law of 2017 on International Crimes 17 + the case may be, as a result of his or her failure to exercise control properly over such forces, +where: +1. The military commander or person either knew or, owing to the circumstances at the +time, should have known that the forces were committing or about to commit such +crimes; +2. The military commander or person failed to take all necessary and reasonable measures +within his or her power to prevent or repress their commission or to submit the matter to +the competent authorities for investigation and prosecution. + +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (35) +With respect to superior and subordinate relationships not described in the previous Article, +a superior shall be criminally respons ible for crimes provided for in this Decree -Law that are +committed by subordinates under his or her effective authority and control, as a result of his or her failure to exercise control properly over such subordinates, where: +1. The superior either knew , or consciously disregarded information which clearly +indicated, that the subordinates were committing or about to commit such crimes; +2. The crimes concerned activities that were within the effective responsibility and control of the superior; +3. The superior failed to take all necessary and reasonable measures within his or her +power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution. + +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (36) +The fact that a crime provided for in this Decree -Law has been committed by a person +pursuant to an order of a Government or of a superior, whether military or civilian, shall not +Federal Decree- Law of 2017 on International Crimes 18 + be considered a reason of relief, unless: +1. The person was under a legal obligation to obey orders of the Government or the +superior in question; +2. The person did not know that the order was unlawful; and +3. The order was not manifestly unlawful. +For the purposes of this Article, orders to comm it genocide or crimes against humanity shall +be deemed manifestly unlawful. + +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (37) +It is to be deemed an exercise of legitimate right of defence if the person acts reasonably to +defend himself or herself or another person or, in the case of war crimes, property which is +essential for the survival of the person or another person or property which is essential for +accomplishing a military mission, against an imminent and unlawful use of force in a +manner proportionate to the degree of danger to the pe rson or the other person or property +protected. +The fact that the person was involved in a defensive operation conducted by forces shall not +- in itself - constitute a ground for excluding criminal responsibility under this Article. + +Chapter Six +Special Procedural Provisions +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (38) +The federal courts in the Capital of the State shall have jurisdiction to consider all the crimes provided for in this Decree -Law. +As an exception to the first paragraph of this Article, the military courts shall have sole jurisdiction to consider the crimes provided for in this Decree -Law that are committed by or +Federal Decree- Law of 2017 on International Crimes 19 + against a military or a member of the armed forces, as well as the crimes committed within +the places under the control of the armed forces or vital or important installations that the armed forces are mandated to secure or guard. + +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (39) +No criminal proceedings may be instituted or investigation proceedings may be initiated in any of the crimes provided for in this Decree -Law except based on a writ ten permission +from the Federal Attorney General or the Military Prosecutor, each according to his/her competence. + +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (40) +Immunities or special procedural rules which may attach to the official capacity of a person, +whether under national or international law, shall not bar the competent court from +exercising its jurisdiction over such a person. + +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (41) +No person shall be tried before the Court with respect to conduct which formed the legal +basis of any of the crimes provided for in this D ecree- Law for which a final ruling acquitting +or convicting the person has been issued by the International Criminal Court or any other foreign court whose rulings are recognized in the State, provided the issued ruling is +consistent with the international standards of fair trial. + +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (42) +As an exception of the paragraph 2 of Article 20 and Article 315 of the Criminal Procedure +Code or any other law, the criminal action shall not prescribe nor shall the sentence be +Federal Decree- Law of 2017 on International Crimes 20 + time -barred in the crimes provided for in this Decree -Law. + +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (43) +1. As an exception to the provisions of any other law, a sentenced person in any of the +crimes provided for in this Decree -Law may not be released before the expiry of the +sentence pronounced by the competent court. +2. The competent court shall solely be entitled to decide the reduction of any sentence. This +matter shall be decided after hearing the sentenced. +3. The court shall reconsider the sentence to decide whether or not it must be reduc ed, +after the sentenced person has completed two -third of the sentence period or +twenty -five years in the case of life imprisonment. The court may not reconsider the +sentence prior to the expiry of the said periods. +4. The court may reduce the sentence a ccording to Item 3 of this Article if it is proved to it +the existence of one factor or more of the following: +a. The early and continuing readiness of the sentenced person to cooperate with the +court in its investigation and prosecution. +b. Voluntary assistance by the person to enforce the judgments and orders of the court +in other cases, in particular in determining the location of the assets subject to the orders issued to enforce confiscation or compensation rulings. +c. Any other factors that prov e the occurrence of evident and significant change in +circumstances that is sufficient to justify the reduction of the penalty, including: +1. The sentenced person conduct in the course of serving a freedom -depriving +sentence in a manner that reflects a true abandonment of the criminal act. +2. The possibility that the sentenced may be re -integrated and successfully +re-settled in the community. +Federal Decree- Law of 2017 on International Crimes 21 + 3. If the early release of the sentenced will lead to a great degree of social +stability. +4. Any significant action by the sentence in favour of the victims and any effect +on the victims and their families as a result of early release. +5. Individual circumst ances of the sentenced person, including a worsening +state of physical or mental health or advanced age. +5. If, upon the first reconsideration under Item 3 of this Article, the court decides that the +reduction of sentence is not appropriate, it shall lat er reconsider the reduction of the +sentence every three years, unless the court specifies a shorter period. + +Chapter Seven +Transitional and Final Provisions +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (44) +1. The State courts shall have competence to determine any matter not determined in any +actions originating from the crimes provided for in this Decree -Law, which have been +committed prior to its effective date by or against the nationals of the State. +2. The competent court shall apply to the crimes it has competence over under Item 1 of +this Article the penalties provided for in the Rome Statute of the International Criminal +Court and the elements of the crimes adopted by it on the date the crime was committed. + +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (45) +There is no provision in this Decree -Law that may be interpreted or construed as an +endorsement or accession to any agreement or convention unless duly endorsed or +accessed by the State, according to its constitutional and legislative procedures. + +Federal Decree- Law of 2017 on International Crimes 22 + +" +security and safety,Federal Decree-Law No.(12) of 2017 on International Crimes,"Article (46) +This Decree -Law shall be shall be published in the Official Gazette and shall become +effective on the day following the date of its publication. + + + + + + + + + + + + + +Khalifa Bin Zayed Al Nahyan, +President of the United Arab Emirates + + +Issued by us in the Presidential Palace in Abu Dhabi +On: 27/Dhul Hijja/1438 A.H +Corresponding to: 18/September/2017 + + " +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (1) +For applying the provisions hereof , the following terms and expressions shall have the +meanings ascribed thereto respectively , unless the context indicates otherwise: +The State : United Arab Emirates (UAE) +The Minister : Minister of Finance +The Central Bank : Central Bank of the United Arab Emirates +Governor : Governor of the Central Bank. +The Committee : The National Committee on Anti -Money Laundering and +Combating the Financing of Terrorism and Illegal +Organizations . +FIU : The Financial Information Unit Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 2 + Regulatory Body : Federal and local authorities tasked by the applicable +Statutes to assume control over financial institutions, +designated non -financial businesses and professions +(DNFBPs), Virtual Asset Service Providers (VASPs), and non - +profit organizations (NPOs), or the authority competent to +approve the practice of the activity or the profession if the +statutes do not designate the regulatory body . +Law Enforcement +Bodies : Federal and local authorities assigned by the applicable +Statutes to combat, search, investigate and collect evidence +on crimes, including money laundering, financing of +terrorism and illegal organizations crimes. +Bodies Concerned : Government bodies in charge of enforcing any provisi on of +the Decree -Law in the State. +Predicate Offence : Each act that constitutes a felony or a misdemeanor under +the Statutes applicable in the State, whether committed +inside or outside the State, whenever the same is +punishable in both countries. +Money Laundering : Any of the actions specified in clause (1) of article (2) of the +Decree -Law. +Terrorism Financing : Any of the actions specified in Articles (29) and (30) of +Federal Law No. (7) of 2014 on Combating Terrorism +Offences. +Illegal +Organizations : Organizations whose establishment or any of their +activities is criminalized. +Financing I llegal +Organizations : Each physical act or legal attitude intended to provide funds +for an illegal organization, or for any of the activities or +members thereof. +The Crime : Money laundering crime and the predicate crimes relating +thereto, or the financi ng of terrorism or illegal +organizations. Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 3 + Funds : Assets , whatever the method of their acquisition, their type +and form , whether tangible or intangible; movable or +immovable; electronic, digital or crypto; including the +national currency, foreign currencies, legal instruments or +deeds of whatever form, including electronic or digital +documents, which prove ownership of suc h assets and +relevant rights; economic resources that are assets of any +kind, including natural resources, as well as bank credits, +checks, payment orders, shares, securities, bonds, bills of +exchange and letters of credit as well as any interests, profits +or any other income generated from or arising out of such +assets which can be used to obtain any funding, commodity +or services . +Virtual Assets : A digital representation of value that can be digitally traded +or transferred, and that can be used for payment or +investment purposes, and that does not include digital +representation of fiat currencies, securities, or other funds. +Proceeds : Funds directly or indirectly generated from committing any +felony or misdemeanour, including the profits, privilege s, +economic benefits and any similar funds, whether +transferred fully or partially into other funds. +Instrumentalities : Anything used or intended to be used for committing a +felony or misdemeanour. +Suspicious +Transactions : Transactions relating to funds in respect of which there are +reasonable reasons to suspect that they are generated from +committing any felony or misdemeanour, or are related to +financing the terrorism or illegal organizations, whether +such transactions had been completed or attemp ted. +Freezing or Seizure : Temporary prevention of the remittance, transfer, +movement, exchange or otherwise disposal of money in Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 4 + any manner by virtue of an order issued by a competent +authority. +Confiscation : Permanent expropriation of private funds, p roceeds or +instrumentalities by virtue of a judgment rendered by a +competent court. + +Financial +Institutions : Each business entity that carries on one or more of the +financial activities or transactions for the benefit or on behalf +of a customer. +Intermediary +Financial Institution : A financial institution receiving and delivering wire +transfers from the remitting financial institution to the +beneficiary financial institution or to any other +intermediary financial institution. +Beneficiary Financial +Institution : A financial institution that receives the wire transfer from +the remitting financial institution directly or through an +intermediary financial institution, and then makes the +funds available to the beneficiary. +Financial Activities +or Transactions : Any one or more activities or transactions provided for in +article (2) hereof. +Designated Non - +Financial Businesses +and Professions +(DNFBPs) : Anyone who carries on one or more of the commercial or +professional businesses provided for in article (3) hereof. +Non -Profit +Organizations : Each structured non -profit group continuing for a specified +or an indefinite period of time and comprises natural or legal +persons, or non - profit legal arrangement which receive or +spend funds for charitable, religious, cultural, educational, +social, solidarity or other philanthropic purposes. +The Lega l +Arrangement : The relationship established between two or more parties by +virtue of a contract including without limitation trust funds +and other similar arrangements. Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 5 + Trust Fund : A legal relationship whereby a Trustor confers upon the +Trustee control over the Trustor's assets for the benefit of +the beneficiary or for a certain purpose. Said assets are +independent from the Trustor's own property. Title to the +trustee's assets shall remain in the name of the Trustor or +any other person acting on behalf o f the Trustor. +Trustor : A natural or legal person who confers upon the trustee the +right to manage the Trustor's assets in accordance with a +Trust Agreement. +Trustee : A natural or legal person exercising the rights and powers +granted thereto and vested therein by the Trustor or by the +Trust Fund, whereby the trustee manages, uses, and +disposes of the Trustor's assets in accordance with the +terms and conditions set forth by the Trustor and/ or the +Trust Fund. +Customer : Anyone who performs or commences to perform any o f the +actions defined in Articles (2) and (3) hereof in cooperation +with any financial institution or DNFBPs or Virtual Asset +Service Providers (VASPs), +Transaction : Each disposal or use of funds or proceeds including, for +example, deposit, withdrawal, transfer, sale, purchase, +lending, exchange, mortgaging and gift. +Beneficial Owner : The natural person who owns or exercises ultimate actual +control over the customer, or the natural person on whose +behalf the transactions are made, or the person who +exercises ultimate actual control over a legal person or a legal +arrangement , whether dir ectly or through a chain of +ownership or control, or other indirect means +Virtual Asset Service +Providers (VASPs), : Any natural or legal person practicing, as a business, one or +more activities or transactions related thereto for the benefit Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 6 + of another n atural or legal person or on behalf thereof any of +the following activities : +1. Exchange between virtual assets and fiat currencies +2. Exchange between one or more forms of virtual +assets +3. Transfer of virtual assets +4. Safekeeping and/or administration of virtual assets +or instruments enabling control over virtual assets . +5. Providing and participating in financial services or +activities related to an issuer's offer or sale of virtual +assets +Business +Relationship : Any continuing commercial or financial relationship +between financial institutions or DNFBPs on one side and +the customer on the other side, pertaining to the activities +or services provided thereby to the customer. +Correspondent +Banking +Relationship : A relationship between a corres pondent financial +institution and a beneficiary institution through a current +account, any other kind of accounts, or any other related +service. This includes correspondent relationship +established for financial securities transactions or money +transfer. +Intermediary +Accounts Payable : Correspondent account used directly by a Third Party to +perform transactions for his own interest. +Financial Group : A group of financial institutions composed of a holding +company or any other legal person exercising contr ol over +the remaining group members and coordinating jobs to +provide oversight and control over the group, its branches +and subsidiaries, in accordance with the Core Principles for +Effective Banking Supervision as well as the policies and +arrangements of c ombating money -laundering and +terrorism financing. Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 7 + Core Principles for +Effective Banking +Supervision : Basel Committee on Banking Supervision's Principles Nos. +(1), (2), (3), (5 through 9), (11 through 15), (26) and (29), +IAIS Principles Nos. (1), (3 through 11), (18), (21 through +23), and (25), and IOSCO Principles Nos. (24), (28), (29), +and (31) and the responsibilities Nos. (a), (b), (c), and (d). +Wire Transfer : A financial transaction made by the financial institution +either itself or through an intermediary institution on behalf +of the transferor, to deliver an amount of money to the +beneficiary in another financial institution, whether the +transferor and the beneficiary are the same person or not. +Shell Bank : A bank registered or licensed in a country where it has no +physical presence therein and is not affiliated to any +financial group that is subject to regulation and control. +Registrar : The competent body supervising the register of trade +names of different businesses registered in the Sta te. +Due Diligence +Measures : The process whereby the customer’s or the beneficial +owner's information, nature of business, purpose of +business relationship, structure of ownership and control +are identified, whether said customer or beneficial owner is +a natural or a legal person or a legal arrangement, for the +purposes of this Decree -Law and this Resolution. +Controlled Delivery : A method whereby the competent authority allows illegal +or suspicious funds or crime proceeds to enter into, pass +through or across or leave the State’s territory, in order to +investigate a crime and to identify the perpetrators thereof. +Undercover +Operation : An investigative technique whereby a judicial officer +disguises his own identity, uses an assumed identity, or +perform s a covert or false role to obtain evidence or +information pertaining to the crime. +High -risk Customer : The customer who constitutes a risk whether due to his own +personality, activity, business relationship, business nature, Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 8 + or the geographical territor y, including for example +customers from high -risk countries, non -residents who do +not have an identification card from the state , personalities +with complex structures or who perform complex +operations or operations lacking obvious economic or legal +objectives, persons who perform intense cash transactions, +enter into transactions with anonymous third -persons, or +carry out non face -to-face transactions or any other high -risk +transactions defined by financial institutions, DNFBPs, or the +regulatory bodies. +Politically Exposed +Persons (PEPs) : An individual entrusted, either currently or formerly, with a +prominent public office in the State or in any other State, +including presidents of state and government, senior +politicians, high -profile government officials, judicial or +military officials, senior CEOs of state -owned companies, +top ranking officials of political parties, and persons to +whom the management of international organizations or +any prominent jobs therein are or were entrusted. The +following are defined as PEPs: +1ـ An immediate family member of such PEP; i.e., +spouses, children, sons' spouses, and parents. +2ـ Any individual publicly known to be a clos e associates +of the PEP including: +a. Persons having joint usufruct in a legal personality +or legal arrangement or having any close business +relationship with the PEP; and +b. Persons having sole usufruct in a legal personality or +legal arrangement created for th e interest of the PEP +Decree -Law : Decree -Law No. (20) Of 2018 On Anti -Money Laundering, +Combating the Financing of Terrorism and Illegal +Organizations Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 9 + +Chapter Two +Financial Institutions, Designated Non-Financial Businesses and +Professions (DNFBPs), Virtual Asset Service Providers (VASPs), and +Non -Profit Organizations (NPOs) +Part One +Financial Institutions and DNFBPs +Section One +Financial and DNFBPs Activities and Operations +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (2) +The following transactions and activities are deemed financial: +1. Recei ving deposits and other billable assets from the public , including Sharia - +compliant deposits . +2. Provi ding special banking services . +3. Provi ding all kinds of credit facilities . +4. Provi ding all kinds of financing facilities including Sharia -complaint facility finances . +5. Provi ding monetary brokerage services . +6. Financial transactions involving securities, finance, and finance lease . +7. Provi ding money exchange and transfer services . +8. Issu ing and managing payment instruments, guarantees, or liabilities . +9. Provi ding stored value, electronic retail payment, and digital cash services . +10. Provi ding virtual banking transactions services . +11. Trading or investment in, operating, or managing assets, option contracts, and future +financial contracts , exchange and interest rates transactions , and other finan cial +derivatives or negotiable financial instruments . +12. Participating in the issuance of securities and provision of financial services pertaining +to said issuance . +13. Management of various kinds of fund s and portfolios . +14. Custody of funds . +15. Preparation or marketing arrangements for financial activities . Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 10 + 16. Direct insurance operations, reinsurance operations for the type and branches of +insurance of persons, and capital formation operations in insurance compani es, +insurance brokers and agents . +17. Any other financial activity or transaction specified by the regulatory body . + +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (3) +Everyone who performs any one or more of the following businesses or professions shall +be deemed a DNFBP: +1. Real estate brokers and agents in case they conclude transactions pertaining to the +sale and purchase of real estate property for the interest of their clients . +2. Dealers in precious metals and stones whenever they conduct a single cash +transaction or seemingly related multiple cash transactions with a value equivalent to +or higher than AED 55 ,000 . +3. Lawyers, notaries public , other independent legal businesses, and independent +accountants whenever they prepare, perform, or carry out financial transactions for +the interest of their clients in connection with the following activities: +a. Sale and purchase of real estates . +b. Management of client's assets . +c. Management of bank accounts, saving accounts, or securities accounts . +d. Arranging for holding stakes in relation to the incorporation, operation or +management of companies . +e. The incorporation , operation or management of legal persons or legal +arrangements; and +f. Sale and purchase of commercial bodies . +4. Credit companies and funds service providers whenever they conduct o r carry out +transactions for the interest or on behalf of their clients involving the following +activities: +a. Acting as an agent for establishing or incorporating legal persons . +b. Acting as, or arrangi ng for another person to act as, a director or secretary of a +company, a partner of a partnership, or holding similar position in a legal persons . Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 11 + c. Providing a registered office, business, residence, correspondence , or +administrative addresses for a legal person or arrangement . +d. Acting as, or arranging for another person to act as, a direct trustee of trust fund, +or performing a similar job for the interest of any other form of legal arrangements; +and +e. Acting as, or arranging for another person to act as, a nominee shareholder for the +intere st of another person . +5. Other business and professions defined by virtue of a resolution by the Minister. + +Section Two +Risk Identification and Minimization +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (4) +1. Financial Institutions and DNFBPs shall identify, assess and understand their crime +risks in line with the nature and volume of their businesses, and they shall : +a. take into consideration all risk -factors pertaining to customers' risks, States or +geographical regions, products, services, operations and their implementation +channels before i dentifying the total risk level and the adequate risk reduction +measures to be adopted; and +b. document and regularly update risk assessment operations and make them +available upon demand ; +2. Financial Institutions and DNFBPs shall take appropriate actions to minimize the risks +identified in accordance with Clause (1) of this Article, while taking the national risk +assessment (NRA) results into consideration as follows : +a. formulat e, develop and follow -up on the implementation of policies, regulations +and internal measures approved by the senior administration and commensurate +with nature and volume of businesses which enables them to manage risks which +have been identified, and enhance the same if necessary, in accordance with +article (20) hereof ; +b. perfo rm Enhanced Due Diligence for managing high -risks whenever identified, for +example: Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 12 + 1. Obtaining and verifying more information, including information about the +customer and beneficial owner's identity, occupation, funds size and +information available through the public databases and open sources ; +2. Obtaining additional information about the purpose of the work relationship +or the reasons for the expected transactions or those which have already been +carried out. +3. Updating customer's due diligence information more regularly concerning the +customer and the actual beneficiary; +4. Adopting reasonable measures to identify the funds and wealth resources of +the client and the beneficial owner ; +5. Upscaling the degree and level of on -going control of the busines s +relationship, to identify whether it seems unusual or suspicious and selecting +the types of transactions requiring further examination and review ; +6. Carrying out the first payment process through an account in the name of the +customer at a financial instit ution applying similar due diligence measures; +7. Obtaining the approval of senior administration to commence a business +relationship with the customer; +3. In case the requirements of Clauses (1) and (2) of this Article are satisfied , Financial +Institutions and DNFBPs ay adopt Simplified Due diligence measures for risk +management and reduction whenever low -risks are identified, unless a crime is +suspected . Simplified Due diligence measures shall be commensurate with low -risk +elements i ncluding the following for example: +a. Verifying the identity of customer and actual beneficiary after the business +relationship is commenced ; +b. Updating the customer's data at long intervals; +c. Reducing the rate of on -going control and inspection of transactions; and +d. Infer the nature and purpose of business relationship based on the kind of +transactions or the business relationship established, with no need to collect data +or adopt certain measures . + + Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 13 + Section Three +Customer Due Diligence (CDD) +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (5) +1. Financial Institutions and DNFBPs shall verify the identities of the customer and actual +beneficiary prior to or during the creation of a business relationship or opening an +account, or prior to conducting a transaction for a customer with whom no business +relationship exists. In cases of low crime risks, verifying the customer's identity may +be completed after the business rel ationship is created subject to the following +requirements : +a. The identity shall be verified as soon as possible as of the time of commencement +of business relationship or the transaction involved ; +b. Verification postponement must be necessary in order not to impede ordinary +work flow ; and +c. Appropriate effective measures shall be adopted to control crime risks; and +2. Financial Institutions and DNFBPs shall adopt risk management measures in +connection with circumstances under which the customer is able to benefit from the +business relationship prior to the verification process . + +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (6) +Financial Institutions and DNFBPs, as the case may be, shall adopt customers due +diligence measures in the following cases: +1. Commencement of business relationships; +2. Perform ing incidental transactions for a customer whenever such transactions are +equivalent to or exceeding AED 55 ,000 , whether it is a single transaction or seemingly - +related multiple transactions; +3. Perform ing incidental transactions in the form of wire transfers equivalent to or +exceeding AED 3 ,500; +4. If a crime is suspected ; and +5. If there are doubts about the validity or adequacy of customer identification data +obtained previously. Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 14 + " +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (7) +Financial Institutions and DNFBPs shall adopt Customer Due Diligence (CDD) measures +and on-going control of the business relationship , including the following: +1. Auditing transactions performed throughout the period during which there is a +business relations hip, in order to ensure consistency of transactions performed with +the information available about customer's data , pattern of activity, and risks +represented thereby including, if necessary, information about the source of funds ; +and +2. Ensuring that the doc uments, data and information obtained and collected in the +course of customer due diligence process are updated and adequate through auditing +the records , including in particular records of high -risk customers. + +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (8) +1. Financial Institutions and DNFBPs shall determine the identity of customers, whether +permanent or incidental, verify whether the same is natural person, legal person, or +legal arrangement, and they shall also verify the identity of the customer and the +beneficial ow ner using the documents or data obtained from reliable independent +sources or as follows : +a. For natural persons : +The official Name as per the ID document or passport , nationality, address, place +of birth, and , where necessary, name and address of the employe r, true copy of a +valid ID Card or Passport. beneficial owner . +b. For legal persons and legal arrangements : +1. Name, legal form and Memorandum of Association; +2. Address of the headquarter s or principal business premises , and if the person +is foreigner, name and address of its legal representative in the State, if any, +and a proof of the same shall be submitted; +3. Articles of Association or any similar approved documents ; and +4. Names of related persons holding positions in the senior administration of the +legal person or legal arrangement; Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 15 + 2. Financial Institutions and DNFBPs shall verify that any person acting on behalf of the +customer is authorized to do so, and the identity of such person shall be ascertained +in the manner set forth in Clause (1) of this Article ; +3. The Financial Institutions and DNFBPs shall understand the purpose and nature of the +business relationship and obtain information pertaining to this purpose as required ; +and +4. Financial Institutions and DNFBPs shall understand the customer's business nature , +ownership structure, and control over the customer . + +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (9) +Financial Institutions, and DNFBPs shall adopt reasonable measures that take into +account the risks of the crime arising from the client and the business relationship to +identify and verify the identity of the beneficial owner with respect to legal persons and +legal arrangements using the information, data or documents obtained from a reliable and +independent source as follows : +1. For customers with legal personality: +a. Obtaining ID Card of the natural person who works solely or jointly with any other +person who holds an actual controlling stake in the legal person of (25%) or more ; +and +b. In case of failure to ascertain the identity of a natural person in accordance with +the foregoing clause, or that there is doubt that the natural person who owns a +stake or controlling stake is the beneficial owner or in case there is no national +person who owns a controlling stake, it shall be required to identify the natural +person who practices the actual o r legal control of the legal person or the legal +arrangement through any direct or indirect means . +c. In the case of failure to identify any natural person in accordance with Para (a and +b) of this Clause the identity of the concerned natural person that hold s the +position of high -profile government officials whether being a person or more. +2. For customers with legal ar rangements: +Identifying the Trustor, trustee, the beneficiaries or kinds of beneficiaries and every +natural person exercising actual ultimate control through, inter alia, a chain of control Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 16 + or ownership over the credit fund, directly or indirectly, and obtaining adequ ate +information about the beneficial owner in a manner that enables his identity to be +recognized upon payment or when he/she intends to exercise his/her legally acquired +rights . +Further, as regards the other legal arrangements the financial institutions shall identify +the natural persons holding equal or similar positions. + +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (10) +Financial Institutions, DNFBPs and VASPs shall be exempted from identifying and +verifying the identity of the shareholder, partner or beneficial owner, provid ed that +such information is obtained from reliable sources in cases where the customer or +owner of the controlling interest is any of the following : +1. A company listed on a stock exchange that is officially regulated and governed by the +disclosure requiremen ts pursuant to any instrument imposing sufficient transparency +requirements concerning beneficial owner ; and +2. A subsidiary the majority of stocks or shares of which are owned by a holding +company . + +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (11) +1. In addition to due diligence measures required for the customer and the beneficial +owner, financial institutions shall adopt due diligence measures and on -going control +over the beneficiary of personal insurance policies and funds formation transactions, +including investment -linked life insura nce products and Family Takaful Insurance, +once the beneficiary is identified or named as follows : +a. For nominated beneficiaries, the person's name whether it is a natural or legal +person or legal arrangement, shall be obtained ; and +b. For beneficiaries specified based on class or description, such as familial +relationship, i.e., spouse or children, or based on any other instrument, such as a +will or legacy, sufficient information about the beneficiary shall be obtained to Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 17 + ensure that the fi nancial institution is capable of identifying the beneficiary upon +payment of the compensation . +c. The identity of the beneficiary shall be verified in both of the above cases upon the +disbursement of compensations or dues or exercising of any rights related to the +instruments. +2. In all cases, financial institutions shall consider the customer and beneficiary of the life +insurance and Family Takaful Insurance policies among the risk factors when +identifying the applicability of enhanced due diligence mea sures, taking into account +that in the case of finding that the beneficial owner is a legal person or a legal +arrangement representing high -risk, the financial institutions shall take the enhanced +due diligence measures including reasonable measures for id entifying the beneficial +owner of the insurance policy and verify same upon the disbursement of +compensations or exercising any rights pertaining to those policies . + +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (12) +Financial Institutions and DNFBPs shall adopt due diligence measures for cust omers and +business relationships exist ing at the time of entry of this Resolution into force. Same shall +be performed at the times deemed appropriate based on the relative importance and risks. +They shall ensure sufficiency of data obtained in case of adoption of due diligence +measures before entry of this Resolution into force. + +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (13) +1. Financial Institutions and DNFBPs may not create or continue in a business +relationship nor carry out a transaction in case of failure to adopt customer due +dilige nce measures . They shall consider reporting a ny suspicious transaction to the +Unit. +2. In case a transaction is suspected , Financial Institutions and DNFBPs may refrain from +applying customer due diligence measures if they have reasonable justifications that +applying said measures would alarm the customer. They shall submit a suspicious Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 18 + transaction report to the Unit accompanied by the reasons requiring non -application +of due diligence measures. + +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (14) +Financial Institutions and DNFBPs shall not: +1. Make any transactions with shell bank s in any way whether through opening bank +accounts, or accepting funds or deposits therefrom; and +2. Open or maintain bank accounts using nicknames, pseudonym, or fake names or +using numbers without providing the names of their owners. + +Section Four +Politically Exposed Persons (PEPs) +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (15) +1. In addition to customer due diligence measures under Section Three of Part One of +this Chapter, Financial Institutions, Businesses and DNFBPs shall apply the following : +First: Foreign politically exposed persons: +a. Develop appropriate risk management systems if the customer or the beneficial +owner is considered a PEP ; +b. Senior administration's approval shall be obtained prior to creating or maintaining +a business relationship for current PEPs customers ; +c. Adopt ing reasonable procedures to determ ine financial resources of customers +and actual beneficiaries who are identified as PEPs ; and +d. Conducting enhanced follow -up on business relationship . +Second: Local PEPs and persons who ha d occupied a prominent position in an +international organization: +a. Adequate measures shall be taken to identify whether the customer or actual +beneficiary is deemed a PEP . +b. In case a high -risk business relationship is already in place with such persons, the +measures set forth in Clauses (b), (c), and (d) of Para (i) of this Article shall be +adopted. Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 19 + 2. Without prejudice to Clause (1) of this article, financial institutions concerned with life +insurance and Family Takaful Insurance policies shall adopt reasonable measures to +identify whether the beneficiary or be neficial owner of life insurance and Family +Takaful Insurance policies is a PEP prior to the payment of claims or entitlements or +exercising any rights pertaining to such policies. Upon the presence of higher risks, +financial institutions shall notify the senior management before paying any +compensations or entitlements or exercising any rights pertaining thereto, in addition +to scrutinizing the entire business relationship and considering notifying the FIU the +presence of a suspicious transaction . + +Section Five +Suspicious Transaction Reporting (STR ) +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (16) +In compliance with the instructions of regulatory bodies or of the Unit, Financial +institutions and DNFBPs shall develop indicators whereby they can identify the suspicion +of crime commi ssion so as to report the same by way of STR . Said indicators shall be +updated on an going basis as required by the development and diversity of crime +commission technique s. + +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (17) +1. In case Financial Institutions and DNFBPs have strong suspicions or reasonable causes +to suspect that a particular transaction or an attempt to carry out a transaction or funds +represent crime proceeds in whole or in part, or are suspected to be related to or will +be used in a crime, notwithstanding the value thereof, Financial Institutions, and +DNFBPs shall abide by the following measures without using banking, professional or +contractual confidentiality as a pretext : +a. Directly notify the FIU of the suspicious transactions without delay through the +FIU's elect ronic systems or any other means approved by the FIU ; and +b. Respond to all requirements of the FIU concerning any additional information . Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 20 + 2. Lawyers, notaries, other independent legal professionals, and independent legal +auditors shall be excluded from the requirements of Clause (1) of this Article if the +information pertaining to these transactions is obtained on account of their +assessment of the customer's legal position, or for defending or representing the +customer before Courts, arbitration or mediation, or for expressing legal opinion on a +certain issue pertaining to judicial proceedings, including the provision of +consultations on the co mmencement or avoidance of such proceedings, whether said +information is obtained before or during such judicial proceedings or, after ending the +same, or obtained under other circumstances where they are subject to professional +confidentiality . +3. Upon notifying or providing information the FIU in good faith, Financial Institutions +DNFBPs, VASPs and their board members, employees, and legally authorized +representatives shall not bear any administrative, civil, or criminal responsibilities +resulting from whistleblowing when they notify the FIU or provide it with any +information in good faith even if they do not know precisely the nature of the crime +or that it actually took place . + +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (18) +1. Financial Institutions and DNFBPs, their directors, officers, and staff may neither +disclose, directly or indirectly to the customer or any other person, that they have +reported or are about to report the suspicious transactions to the FIU, nor disclose any +information or data pertaining thereto or any investigation s thereon. This does not +preclude sharing information with branches and subsidiaries at the level of the +financial group in accordance with the provisions of article (31) of this resolution. +2. Lawyers', notaries', other independent legal professionals' or in dependent legal +auditors' attempts to prevent their customers from committing an act involving +violation of the law shall not be deemed an act of disclosure . + + + Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 21 + Section Six +Dependence on Third Parties +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (19) +1. Taking into considerations the states defined by the Committee as high -risk states and +the states that suffer weaknesses in their Anti -Money Laundering and Terrorist +Financing Combating Systems, Financial Institutions and DNFBPs may use third +parties to pe rform due diligence measures concerning customers in accordance with +Section Three , Part One of this Chapter. The Financial Institutions and DNFBPs shall +be responsible for the validity of said measures, and they shall: +a. Promptly obtain the third parties ' identification data and necessary information +gathered during the performance of customer due diligence measures, and ensure +obtaining copies of documents necessary for such measures promptly upon +request; and +b. Ensure that the third -party is subjec ted to regulation and supervision, abides by +the requirements of customer due diligence measures and maintenance of records +provided for under this Resolution. +2. Financial Institutions, Businesses and DNFBPs who seek assistance of a third -party +which is a member of the financial group shall ensure that: +a. The group adheres to the requirements of due diligence measures concerning +PEPs, maintains the records, and implements crime combating programs pursuant +to Sections Three , Four , and Eleven of Part One of thi s Chapter, and article (31) +hereof, and that the group is subject to supervision and control in this respect; and +b. Adequately minimize any high risks related to countries through the group's crime +combating policies and regulations . + +Section Seven +Internal Control and Overseas Branches and Subsidiaries +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (20) +Financial Institution s and DNFBPs shall develop and continually update internal policies, +procedures and controls to combat crimes , all of which shall be commensurate with Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 22 + crime -risks, and nature and size of their businesses. Same shall be applied to all branches +and subsidiaries in which they hold a majority interest. Said policies, procedures and +controls shall include the following: +1. Custom er due diligence measures in the manner required pursuant to the Decree -Law +and this Resolution , including business relationships risk management procedures +prior to completion of the verification process; +2. Suspicious transactions reporting procedures; +3. Appr opriate compliance management measures for crime combating including +compliance officers appointment; +4. Inspection procedures to ensure presence of high efficiency and efficacy criteria for +employment; +5. Prepare regular programs and workshops in all crime combating fields in order to +build capacities and qualify compliance employees and other concerned employees; +and +6. An independent auditing function to test the efficiency and adequacy of internal +controls and regulations concerning crime combating. + +Section Eight +Compliance Officer's Tasks +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (21) +Financial Institutions and DNFBPs shall appoint a compliance officer having the +appropriate efficiency and vast experience and under their responsibility, and shall +perform the following responsibilities : +1. Detect transactions pertaining to crimes ; +2. Review the records, receive, inspect, and examine data about suspicious transactions, +and make the decision either to report the same to the FIU or to discontinue +investigation and provide reasons therefor. Same shall be made under strict +confidentiality ; +3. Review internal systems and procedures adopted to confront money -laundering and +to combat terrorism and illegal organizations financing, ensure comp liance of the Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 23 + same with the provisions of the Decree -Law and this Resolution, assess the +institution's adherence to implementation of said systems and procedures, propose +necessary updates and improvement thereof, prepare and submit to the senior +administr ation biannual reports thereon, and submit a copy of these reports to the +Regulatory Body concerned accompanied by the senior administration's notes and +decisions ; +4. Develop, implement, and document on -going institution employees' training and +qualification programs and plans concerning all issues pertaining to money -laundry, +terrorism financing, illegal organizations financing, and methods of combating the +same; and +5. Cooperate with the Regulatory Body and the FIU, provide them with required data, +enable their assigned employees to have access to records and documents necessary +for performance of their duties. + +Section Nine +High -Risk Countries +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (22) +1. Financial Institutions and DNFBPs shall adopt enhanced due diligence measures that +are proportionate to the risk level which may arise out of business relationships or +transactions with a natural or legal person from the states determined by the +Committee as high -risk states or the states that suffer weaknesses in their Anti -Money +Laundering and Financing of Terrorism Combating Systems. +2. Financial Institutions and DNFBPs shall adopt the countermeasures and any other +measures required by the supervisory bodies proprio motu or as determined by the +Committee in respect of the high -risk states and the states that suffer weaknesses in +their Anti -Money Laundering and Financing of Terrorism Combating Systems . + + + + Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 24 + Section Ten +Modern Technologies Related Requirements +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (23) +1. Financial Institutions and DNFBPs shall identify and assess risks of money laundering +and terrorism financing , which may arise out of the development of new products or +new professional practices including new means of rendering services or use of new +or under development technologies for every new or existing product; and +2. Financial Institutions and DNFBPs shall assess risks prior to launching or using +products, practices, or technologies, and shall take appropriate actions for the +management and reduction of risks . + +Section Eleven +Recordkeeping +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (24) +1. Financial Institutions and DNFBPs shall maintain all records, exhibits, documents and +data pertaining to all financial, commercial and monetary local or international +operations and transactions for no less than five years as of the date of completion of +a transaction or termination of the business relationship with the customer ; +2. Financial Institutions and DNFBPs shall maintain all records and documents obtained +during the performance of customer due diligence and on -going control as well as all +accounting files, commercial correspondence, copies of personal IDs documents +including suspicious transactions reports and results of any analysis performed. Same +shall be maintained for no less than five years as of the date of termination of business +relationship, as of the date on which accounts of customers who have accounts with +said institutions are closed, or the date of completion of an incidental transaction, or +the date of completing the inspection conducted by the supervisory bodies, or the date +of complet ing the investigation, or the date on which a conclusive judgement is +rendered by the competent judicial authorities, as the case may be ; +3. The records, exhibits and documents maintained shall be organized in a manner +allowing for re-structuring or re -arranging individual transactions, data analyses and Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 25 + tracking the financial transactions in such a manner as to provide, when necessary, +evidence for prosecuting a criminal activity. +4. Financial Institutions and DNFBPs shall make all cus tomers' information pertaining to +customer due diligence, on -going control and their analysis results, and related +records, files, documents, correspondence and forms related thereto promptly +available to the bodies concerned upon their request . + +Part Two +Financial Institutions ' Obligations +Section One +Correspondent Banking Relationships (CBRs) +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (25) +1. Before entering into a correspondent banking relationship or any similar relationship, +financial institutions shall abide by the following measures : +a. Refrain from entering into or keeping a correspondent banking relationship with +any shell bank or any other institution which al lows the use of their accounts by a +shell bank ; +b. Gather sufficient information about any recipient correspondent institution for +the purpose of identifying its identity and full understanding of the nature of its +business. Through publicly available information, financial institutions shall +collect information about the reputation of said institutions, level of control +applied thereto, and whether it has been subjected to any investigations +pertaining to a crime or to a regulatory action; +c. Assess crime combating procedures adopted by the recipient institution; +d. Obtain the senior management 's approval prior to making new correspondent +banking relationships; and +e. Understand responsibilities of each institution in terms of crime combating. +2. With re spect to intermediary accounts payable, the financial institution shall be +committed to ensure that the recipient institution has adopted customer due diligence Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 26 + measures towards customers who have direct access to these accounts, and that it can +make relev ant customer due diligence information available upon request of the +correspondent institution. + +Section Two +Money or Value Transfer Services (MVTS) +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (26) +1. Provider of money or value transfer services (MVTS) shall be licensed by or registered +with the regulatory body concerned . The latter shall take necessary actions to punish +unlicensed or unregistered service providers in accordance with the applicable +legislation, and shall ensure compliance by licensed and registered service prov iders +with the crime combating regulations. +2. MVT service providers shall maintain an updated list of their agents and make said list +available to the Bodies Concerned inside the State wherein the MVT services providers +or their agents operate, shall engage said agents in crime combating programs, and +shall monitor said agents' compliance with such programs. + +Section Three +Wire Transfers +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (27) +1. Financial institutions shall ensure that all international wire transfers amounting to or +exceeding AED 3,500 are always accompanied by : +a. Full name of the transferor and beneficiary ; +b. Account number of both the transferor and beneficiary, and in case that there is +no account, the transfer shall include a unique reference number enabling the +institution to trac k the transfer . +c. Transferor's address, ID number, passport number, date and place of birth, +customer identification number with the transferring financial institutions, which +shall refer to a record that includes such information. Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 27 + 2. In case of gathering several international wire transfers made by one transferor in one +file to be transferred to beneficiaries, said file shall include accurate data about the +transferor and full information about the beneficiaries thus enabling tracking of all of +them in the beneficiary's country. The financial institution is required to include the +transferor's account number, or a unique transaction reference number . +3. Financial institutions shall ensure that all international wire transfers of less than AED +3500 ar e accompanied by the data contained in Clause (1) of this Article without need +to verify the validity of said data, unless there are doubts about committing a crime . +4. Financial institutions remitting local wire transfers shall ensure that the wire transfers +data include data about the transferor aforementioned in Clause (1) of this Article, +unless said data is available to beneficiary financial institutions and entities concerned +by other means . +5. When the data accompanying the local wire transfer is available to beneficiary +financial institutions and entities concerned by other means, the transferring financial +institution is required to include only the account number or the unique transaction +reference number, provided that said number allows for tracking tr ansactions of the +transferor or beneficiary. The transferring financial institution is required to make this +data available within three business days as of the date or receipt of the beneficiary +financial institution's or the competent body's request . +6. Financial institutions may not perform wire transfers if the requirements provided for +in this Article are not satisfied . +7. The transferring financial institutions shall maintain all information gathered about +the transferor and the beneficiary pursuant to provisions of article (24) hereof . + +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (28) +1. Intermediary financial institutions shall ensure that all information about the +transferor and the beneficiary is attached to international wire transfers. +2. In case there are technological restrictions preven ting maintenance of transferor's and +beneficiary's data in case of receipt of an international wire transfer along with local +wire transfer data if such international wire transfer is made internally , in this case, the +intermediary financial institutions receiving the international transfer shall maintain Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 28 + a record containing all information obtained from the transferring financial institution +or from an intermediary institution outside the State in accordance with pr ovisions of +article (24) hereof . +3. Intermediary financial institutions shall adopt reasonable and direct measures to +identify international wire transfers lacking required information about the transferor +or the beneficiary , and it shall formulate and develo p risk -based policies and +procedures to determine cases of making, reject ing, or suspending such transfers as +well as appropriate follow -up thereon. + +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (29) +1. Beneficiary financial institutions shall take reasonable actions to identify international +wire transfers lacking required information about the transferor or the beneficiary +such as following -up thereon at the time of making these transfers whenever possi ble, +or after implementation thereof. +2. Beneficiary financial institutions shall verify the identity of beneficiary from +international wire transfers amounting to or exceeding AED 3500 if it hasn't been +verified before. +3. Beneficiary financial institutions sha ll formulate and develop risk -based policies and +procedures to determine whenever of transfers lacking information about the +transferor or beneficiary are made, rejected, or suspended and specify appropriate +follow -up procedures. +4. Beneficiary financial inst itutions shall maintain all information gathered about the +transferor and beneficiary in accordance with provisions of article (24) hereof . + +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (30) +1. MVT service providers shall satisfy the relevant requirements provided for in Articles +(27), (28) and (29) hereof whether they perform their works directly or through +agents. +2. If the MVT service provider is the same transferor from the State and the recipient in +another State, the same shall: Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 29 + a. Gather all information about the transferor and the beneficiary to consider +whether or not to submit a report on suspicious transaction. +b. If it is decided that a report be submitted on a suspicious transaction concerning +the transaction, the report shall b e submitted to the FIU in the State concerned +accompanied by all relevant information . +Section Four +Financial Groups +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (31) +Financial groups shall implement group -wide programs concerning crime combating, +provided that said programs be applicable to all branches and subsidiaries wherein the +group owns the majority. In addition to the measures provided for in article (20) hereof, +said programs shall include : +1. Policies and procedures on the exchange of the information required for the purposes +of customer due diligence and crime -risks management; +2. Information pertaining to customers, accounts and transactions shall be made +available by the branches and subsidiaries to the compliance, audit, anti -money +laundering and terrorist financing c ombating officers at the financial group level +whenever necessary for the purposes of crime combating. Such information shall +include analysis information of the transactions or activities which appear unusual or +suspicious and the reported suspicious tran sactions reports and their basic +information or whatever proves the reporting of a suspicious translation. In all cases, +such information shall be made available to the branches and subsidiaries when +necessary and whenever is convenient and suitable to the Risk Department ; and +3. Adequate guarantees concerning confidentiality and use of exchanged information +shall be provided . + +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (32) +1. Financial institutions shall ensure that their branches outside the State and +subsidiaries wherein it holds the majority are adopting crime combating measures +that are consistent with the requirements of the Decree -Law and this Resolution in Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 30 + case that crime combating measures adopted in said country are less strict than those +adopted in the State . Same shall be made within the limits permitted by the laws and +regulations of the other country. +2. If the other country does not allow appropriate implementatio n of crime combating +measures consistently with the requirements of the Decree -Law and this Resolution, +financial institutions shall adopt additional measures for appropriate management +and limitation of money laundering and terrorism financing risks relat ed to their +transactions abroad. The regulatory body in that country shall be notified of the same , +and the instructions received therefrom in this respect shall be adhered to. + +Part Three +Obligations of Non -Profit Organizations (NPOs) +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (33) +In coordination with the regulatory body concerned, NPOs shall: +1. Implement the best practices approved by the Regulatory Body concerned to remedy +weaknesses in a manner enabling them to protect themselves against misuse thereof +through terrorism and illegal or ganizations financing; +2. Formulate obvious policies enhancing transparency, integrity, and public trust in its +management; and +3. Make their transactions through official financial channels , while taking into +consideration the various capacities of financial sectors in different countries. + +Part Four +Virtual Asset Service Providers (VASPs ) +Article 33 (BIS 1) +1. Each natural or legal person that practices any VASPs activities or provides their +products or services or carries out their transactions from within the state shall be +licensed, recorded or registered as the case may be with the competent Regulatory +Body . Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 31 + 2. The Regulatory Body of VASPs, each within its respective competence, shall issue the +resolutions, circulars and procedures r equired for the purpose of sufficient regulation +thereof while observing the risks that have already been determined, in such a manner +as to comply with the provisions of the decree -law and this resolution . +3. In all cases the Regulatory Body of VASPs shall, of their own volition or in coordination +with the competent authorities, take the measures required to identify any person +practicing any VASPs activities in violation of the provision of Clause (1) of this Article +and apply thereto the appropriate penalti es. Such measures may include: +a. Reviewing the general databases and the open sources to identify the relevant +announcements through the internet or through the potential purchase orders of +businesses submitted by a non -licensed, non -listed or non -registered person. +b. Establishing feedback channels with the relevant bodies or communication +channels to receive the general comments from the public in this regard. +c. Coordinating with the FIU to obtain the information has available thereto such as +suspicious transact ion reports or the results of the other information collection +processes carried out by it. +d. Reviewing the information not available to the public, such as the information +concerning the refusal, suspension, restriction or cancellation of a license, entry or +registration of the activities of VASPs and any relevant information with the law +enforcement bodies concerned. +4. Subject to the provisions of Chapter ( 7) of this Resolution, the bodies concerned may, +in accordance with statutes in force in the Stat e and the international conventions to +which the state is a party or on the condition of reciprocity, respond to the requests of +international cooperation related to the predicate crimes or to money laundering, +financing of terrorism or financing of illega l organizations crimes related to Virtual +Assets and VASPs as soon as possible and as much as possible regardless of the nature +and the different names of the regulatory bodies or the status of VASPs in the other +states. + + + Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 32 + Article 33 (BIS 2) +VASPs shall identify, assess, manage and reduce the risks related to anti -money laundry +and financing of terrorism in accordance with the provisions of Clauses (1) and (2) of +article (4) of this Resolution. + +Article 33 (BIS 3) +VASPs shall comply with the provisions of Articles (5 -9), (12 -15.1), (16, 17.1, 18.1, 19 -32, +35, 38, 39) and (60) of this Resolution while observing the following: +1. Performing the due diligence towards the customers when carrying out incidental +transactions equal to or exceeding (AED 3,500); +2. The VASP (originator) shall obtain and retain the data of the transferor accurately, +request the data of the beneficiary and submit such information to the beneficiary +VASP or the financial institution, if any, immediately and securely and shall ma ke same +available to the competent authorities. +3. The VASP (beneficiary) shall obtain and retain the information of the transferor and +beneficiary of the required transfer transaction accurately and make it available to the +competent authorities. +4. All the req uirements contained in this Section of the Resolution shall be satisfied by +the financial institutions while carrying out a transaction involving sending or +receiving transfer of virtual assets on behalf of the customer. + +Chapter Three +Transparency and Actual Beneficiary +Part One +Registrar's and Companies' Obligations +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (34) +1. The Registrar shall provide the information about legal persons in the State and make +said information available to the public as follows: +a. Description of their various kinds, and forms and main policies; Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 33 + b. Procedures of formation thereof; +c. Procedures of obtaining the basic information in the manner provided for in Para. +(b) of Clause (1) of article (8) hereof ; and +d. Procedures of obtaining information pertaining to the actual beneficiary. +2. The Registrar shall maintain basic updated information i ncluded in Para. (b) of Clause +(1) of article (8) hereof , and shall ensure accuracy and availability thereof to the +public. +3. Upon registratio n of companies, the registrar shall obtain, update and make available +to the entities concerned the company's actual beneficiary's data in the manner +provided for in Clause (1) of article (9) hereof . + +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (35) +1. Companies shall maintain the information required under Para. (b) of Clause (1) of +article (8) hereof , together with partners or shareholders register, number of stocks or +shares held by each of them, classes of shares, if any, and nature of relevant votin g +rights, and shall make such information available to the registrar after verifying their +accuracy. +2. Companies shall maintain information required under Clause (1) of article (9) hereof +and make such information available to the registrar in all cases and upon request. +Same shall be updated every fifteen business days in case of making any amendments +or changes thereto. Companies shall always ensure accuracy of said information and +shall provide assistance in documentation of the same if necessary. +3. Companie s shall have one or more natural person s residing in the State and is +authorized to disclose all information required under Clauses (1) and (2) of this Article +to the registrar. +4. Any company incorporated and registered in the State may not issue stock warra nties +for holder thereof. +5. Companies issuing shares in the names of persons or of board members shall disclose +information about said shares and identities of said persons or board members to the +registrar for registration of the same. + Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 34 + " +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (36) +The Registrar, companies, their managers, liquidators, or persons concerned with +dissolution of thereof shall maintain all the records and information aforementioned in +Articles (34) and (35) for no less than five years as of the date of dissolution or dem ise of +the company. + +Part Two +Obligations of the Legal Arrangements +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (37) +1. Legal arrangements ' trustees shall maintain information about the actual beneficiary +in the manner provided for under Clause (2) of article (9) hereof . +2. Legal arrangements ' trustees shall maintain the basic information about mediators , +who are subject to control , and service providers, including investment consultants, +directors, accountants, and tax consultants. +3. The trustees in the legal arrangements shall disclose their status to the Financial +Institutions, DNFBPs and VASPs when establishing a business relations hip or +implementing an incidental transaction exceeding the limit specified under this +resolution and provide them with the information related to the beneficial owner and +the assets that shall be kept or managed under the conditions of the business +relati onship once they request the same. +4. The Information required under Clauses (1) and (2 ) of this Article shall be maintained +in an accurate form and shall be updated within fifteen business days in case of +making any amendments or changes thereto. Representatives of legal arrangements +shall maintain said information for five years as of the d ate of termination of their +relationship with the legal arrangement. +5. The bodies concerned, and law enforcement authorities in particular, may request and +promptly receive information maintained by trustees, financial institutions or DNFBPs +and VASPs pertai ning to : +a. Legal arrangement 's actual beneficiary; +b. Trustee's place of residence; and Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 35 + c. The funds retained or managed by the financial institution or DNFBPs and VASPs +pertain ing to any trustee with whom they have a business relationship, or for +whose account th ey make any incidental transaction. + +Part Three +Prohibit ed Pretext of Banking Confidentiality , Professional , or +Contractual Confidentiality +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (38) +Banking confidentiality , professional or contractual confidentiality may not be relied +upon as a pretext to prevent implementation of the provisions of the Decree -Law and +hereof in the following cases: +1. Information exchange among financial institutions whenever the same is pertaining +to correspondent banking relationships (CBR), wire t ransfers, or employment of +organized third parties under provisions of Articles (19), (25), (27) through (30) +hereof . +2. Exchange of i nformation relevant to combating crime among entities concerned at the +local and international levels. +Part Four +Confidentiality of Information +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (39) +1. Everyone who obtains information relating to suspicious transaction or any of the +crimes provided for in the Decree -Law shall maintain its confidentiality and shall not +disclose the same to Third Parties, except to the extent necessary for purposes of +investigations, lawsuits, or proceedings pertaining to violation of the provisions of the +Decree -Law and this Resolution. +2. In all cases, any procedures brought agai nst the customer may not be communicated +thereto whether directly or indirectly unless under written request of the regulatory +body concerned . +3. + Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 36 + Chapter Four +Financial Information Unit (FIU) +Part One +Autonomy of the FIU +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (40) +1. The FIU enjoys operational autonomy in performance of its tasks effectively. The +Central Bank shall provide the FIU with necessary human, financial and technical +resources. +2. The FIU headquarters shall be in the Capital of the State. The FIU may open branches +thereof insid e the Central Bank Branches in the Emirates of the State. +3. The FIU operates as a national center for receiving suspicious transactions reports and +other information relevant to crime. + +Part Two +Competencies of the FIU +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (41) +The FIU shall: +1. Set up the structure of its departments, develop its bylaws, and obtain approval of the +Central Bank to the same, provided that the bylaws include procedures ensuring +employees' efficacy, integrity , and awareness of responsibilities pertaining to dealing +with con fidential information; +2. Create a database or special register including the information available thereto, and +shall protect the same through setting information security and confidentiality control +rules including information processing, storing, and refer encing procedures, as well as +procedures of limited access to, inaccessibility non -disclosure of the FIU's institutions, +information and technological systems except by the authorized persons; +3. Provide training and qualification courses and programs for its employees or +employees of any other body inside or outside the State; Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 37 + 4. Conduct studies, researches, and statistics relevant to crime, and follow -up on any +studies, researches, and statistics prepared locally or internationally in this respect; +and +5. Prepare annual reports on its activities in the field of crime combating. Said reports +shall include, in particular, a general analysis of the notices and reports received +thereby on suspicious transactions, crime activities and trends, and shall prepare a +summary of said report for publication. + +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (42) +In the course of performing its tasks relevant to suspicious transactions reports, the FIU +shall : +1. Receive, consider, analyze, and store in its database the reports submitted thereto by +Financial Institutions, DNFBPs and VASPs using the forms prepared by the FIU ; +2. Request that Financial Institutions DNFBPs, VASPs, and entities concerned to provide +and submit any additional information or documents pertaining to the reports and +information received thereby as well as any other information deemed necessary for +the FIU to perform its tasks including information about customs disclosures. Same +shall be submitted at the times and in the forms defined by the FIU ; +3. Analyze information and reports available thereto as follows : +a. Perform operational analysis using the information available or possible to be +obtained in order to identify the identity of certain targets such as persons, funds, +or crime networks, track certain activities or transa ctions, and find links between +said targets, activities or transactions on one side and potential proceeds of the +crime on the other side ; +b. Perform strategic analysis using the information available or possible to be +obtained including data submitted by th e entities concerned in order to identify +crime trends and patterns ; +4. Supply Financial Institutions, DNFBPs and VASPs with the results of analysis of +information submitted about the reports received by the FIU in order to enhance the +efficient implementatio n of procedures of crime combating and detection of +suspicious transactions ; Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 38 + 5. Cooperate and coordinate with regulatory bodies by way of referring results of +analyses conducted thereby with respect to quality of received reports to ensure +compliance of Finan cial Institutions, DNFBPs and VASPs with crime combating +procedures ; +6. Refer the data pertaining to reports, analyses reports and other relevant information +to law enforcement bodies for necessary action whenever there are sufficient reasons +to suspect their relation to the crime; and +7. Provide the judicial bodies and law enforcement bodies with crime -related +information and the information possible to be obtained from FIUs in other countries +whether automatically or upon request . + +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (43) +In the course of performing its task at the international level, the FIU shall: +1. Exchange information with counterpart FIUs in other countries concerning suspicious +transactions reports or any other information the FIU is entitled to obtain or has direct +or in direct access thereto subject to the international conventions to which the State +is a party, or any Understanding concluded between the FIU and counterpart FIUs to +organize coordination therewith or on condition of reciprocity; +2. Notify counterpart FIUs of the results of use of information submitted and analyses +conducted based thereupon; +3. Not use the information contained in Clauses (1) and (2) of this Article unless for the +purposes of crime combating, and may not disclose the same to any third -parties +with out approval of the FIU; +4. Follow -up on the updates concerning the crimes of money laundering and terrorism +financing through regional and international organizations concerned, and participate +in relevant meetings; and +5. Follow -up on the Egmont Group's requir ement, attend and participate in its meetings +in its capacity as a member of the Group. + + Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 39 + Chapter Five +Regulatory Bodies +Part One +Regulatory Bodies of Financial Institutions and DNFBPs +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (44) +Financial Institutions, DNFBPs and VASPs of Financial Institutions, DNFBPs and VASP, +each within its competences, shall provide supervision, control, and follow -up to ensure +compliance with the provisions provided for under the Decree -Law and this Resolution, +and other supervisory decisions and shal l: +1. Identify potential crime -risks in legal persons and assess and upgrade same provided +that this includes Financial Institutions, DNFBPs and the activities of Virtual Assets and +VASPs ; +2. Develop a risk -based approach to guarantee that the measures to prevent or mitigate +money -laundering and the financing of terrorism are commensurate with the specific +risks ; +3. Develop directions, systems, and forms concerning crime combating by bodies +governed by its regulations when necessary; +4. Formulate necessary polici es, procedures and controls to verify that those controlled +thereby comply with the Provisions of the Decree -Law, this Resolutions, and any other +legislation relevant to crime combating in the State, and request information +pertaining to fulfillment of thi s obligation; +5. Develop and set competence and capability systems, rules and criteria and apply the +same to anyone who desires to own, control, or participate directly or indirectly in the +management or operation of Financial Institutions, DNFBPs or VASPs, o r to their +beneficial owner ; +6. Perform office and field supervision and inspections of Financial Institutions, DNFBPs +and VASPs based on a risk -based approach ; +7. Define the periodicity of supervision and inspections of Financial Institutions, +Financial Groups , DNFBPs and VASPs based on the following : +a. National risk -assessment; Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 40 + b. Features of Financial Institutions, Financial Groups, DNFBPs and VASPs in terms +of their diversity, numbers, and degree of freedom of disposal granted thereto +according to the risk -based approach (RBA); and +c. Crime -risks and understanding of same, internal policies and controls, and +procedures applied by the financial institutions, financial groups, DNFBPs or +VASPs in accordance with the Regulatory Body's assessment of the risk -structure +of each ; +8. Adopt all measures which would ensure full compliance by Financial Institutions, +DNFBPs and VASPs with implementation of Security Council Resolutions pertaining +to Prevention and Suppression of Terrorism and financing thereof, prevention and +suppress ion of proliferation of weapons of mass destruction and financing the same, +as well as other relevant resolutions. Same shall be made through field visits, on -going +follow -up, and imposition of appropriate administrative punishments in case of +committing v iolations or failure to apply the instructions ; +9. Verify that controlled institutions adopt and apply the controls, procedures and +measures provided for under the provisions of the Decree -Law and this Resolution, +and adopts the same in their foreign branches and subsidiaries wherein they hold the +majority interest and to the extent permitted by laws of the countries wherein such +branches and companies are located ; +10. Ensure to what extent the financial institutions subject to the international basic +prin ciples of financial control comply with the regulation and control consistently +with such principles and including the application of aggregated control at the level of +the financial group for the purpose of anti -money laundering, combating the +financing o f terrorism and ensure, as regards the other financial institutions, to what +extent they are subject to regulation and control or follow up consistently with the +degree of risk of the money laundering or the financing of terrorism ; +11. Review the financial institution's and group's crime -risks structure including non - +compliance risks. Same shall be made regularly or whenever there are significant +developments in the financial institution's and group's management or transactions ; +12. Establish adequate controls and procedures to ensure that the Financial Institutions, +DNFBPs and VASPs are informed of, and apply, the Committee's decisions related to: Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 41 + a. The measures of enhanced due diligence and the countermeasures determined by +the Committee; +b. Any fears rela ted to the weaknesses in the anti - Money Laundering and Terrorist +Financing Combating Systems in the other states; +c. Any other decisions issued by the Committee. +13. Provide those who are subject to their control with instructions and feedback to +enhance efficie ncy of implementation of crime combating measures ; +14. Retain and inform the FIU of an updated list of controlled institutions compliance +officers' names and data, and may obligate institutions to obtain the FIU's approval +prior to appointment of compliance of ficers in said institutions ; +15. Develop and organize programs and campaigns to raise awareness of crime +combating; +16. Issue decisions whereby administrative punishments are imposed pursuant to the +provisions of the Decree -Law, this Resolutions, regulatory resolu tions and any other +relevant resolutions and the mechanism of filing grievances against said decisions; +and +17. Maintain statistics about adopted measures and imposed punishments . + +Part Two +Regulatory Body of Financial Institutions, Designated Non-Financial +Businesses and Professions (DNFBPs), Virtual Asset Service Providers +(VASPs) +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (45) +Regulatory Body concerned with NPOs shall: +1. Obtain the information available with all entities concerned on NPOs' activities in a +timely manner in order to identify their size, characteristics, kinds, threats posed by +terrorism organizations against NPOs, potential risk exposure, and abuse thereof in +supporting and financing terrorism and i llegal organizations, and adopt and regularly +review appropriate effective measures to confront the identified risks to ensure their +efficacy; Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 42 + 2. Review the appropriateness and adequacy of legislation pertaining to NPOs in order +to prevent abuse thereof in su pporting and financing terrorism and illegal +organizations, and work on improving said legislation when necessary; +3. Regularly assess NPOs through reviewing updated information on NPOs' potential +weaknesses which would make them exploitable in supporting and financing +terrorism and illegal organizations; +4. Encourage and implement education and awareness raising programs in order to raise +NPOs' and donors' awareness of their potential weaknesses which would expose +them to the risks of abuse in supporting and fin ancing terroris m, and of the measures +to be adopted by NPOs to protect themselves against such risks; +5. Supervise and monitor NPOs using risk -based measures to prevent abuse thereof in +supporting and financing terrorism, and to ensure fulfillment of their ob ligations; +6. Cooperate, coordinate, and exchange information with local entities concerned +maintaining information relevant to NPOs; +7. Have the expertise in the field of detections and the capacity to inspect NPOs +suspected to be used in supporting and financing terrorism; +8. Have full access to the information pertaining to the administration of any NPO +including financial information and information about their programs; +9. Establish the mechanisms ensuring immediate exchange of information with entities +concerned with the aim to take preventive actions or investigations procedures in case +of suspicion or presence of reasonable reasons to suspect that the NPO is: +a. An interface for fundraising for a terrorism organization; +b. Used as a channel to finance terrorism , evade freezing of moneys, or in any other +form of terrorism support; or +c. Hiding or concealing tracking of moneys allocated for legitimate purposes which +are directed for use by terrorist or for terrorism support; and +10. Identify appropriate points of contact and necessary actions in response to +international request to obtain information about NPOs suspected or is being used to +finance or support terrorism. + Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 43 + Chapter Six +Temporary Measures and Investigations Procedures +Part One +Temporary Measures +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (46) +1. Either the Governor or the officer Acting on his behalf may order the freezing of funds +of financial institutions licensed by the Central Bank for no more than (7) seven +business days in case of suspecting its relation to a crime upon the FIU's request based +on its analyses of suspicious transactions reports and on other information obtained +thereby; +2. In case the decision aforementioned in Clause (1) of this Article is made , the FIU shall: +a. Notify the financial institution concerned to implem ent the freezing decision +without prior notice to the owner of said funds; and +b. Notify the Attorney General if the Governor requests extension of the freezing , +provided that such notice be accompanied by relevant reasons for required +extension; +3. After presen tation to the Governor, the FIU shall notify the financial institution +concerned of revocation of the freezing in case that the Attorney General refuses to +extend the same or upon expiry of the period aforementioned in Clause ( 1) of this +Article without rec eiving a reply from the Attorney General ; +4. Financial institution wherein funds are frozen shall notify owners of the funds frozen +by virtue of a freezing order and the body issuing the order, and shall request the +owner to provide it with necessary documents to prove legitimacy of the resource of +its funds, and shall refer said documents to the FIU for necessary action; +5. The Governor shall submit a proposal to the Attorney General proposing revocation +of freezing extension in case of demise of the reasons thereof to take actions deemed +appropriate; a nd +6. Decisions to freeze funds with financial institutions licensed by the Central Bank may +be implemented only by the Central Bank. + Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 44 + " +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (47) +1. The Attorney General and the competent court, as the case may be, may order +specification, tracking, or assessm ent of suspected funds, proceeds, or +instrumentalities or a value equivalent thereto, or may order seizure or freezing +thereof the same is generated form or related to the crime without prior notice to the +owner of the same, and may order travel -prevention until the end of investigations or +of trial; +2. The Attorney General and the competent court, when necessary, may take decisions +preventing transactions or disposal of said funds, proceeds, or instrumentalities , and +may take necessary actions to prevent any kind of disposal aiming to evade freezing +orders or seizure orders issued in connection therewith without prejudice to bona fide +third parties. ; +3. Any stakeholder may file a grievance against the public prosecution order of freezing +or seizure with the competent court of first instance having jurisdiction over the public +prosecuting making said decision or the court competent to consider the criminal case ; +4. The grievance shall by submitted by way of report to the competent court, the chief +justice of said court shall schedule a hearing the grievant shall be notified thereof to +consider the grievance, and the public prosecution shall submit a memorandum of +opinion thereon. The court shall decide on the griev ance within no more than (14) +fourteen business days as of the date of submission thereof; and +5. The decision concerning the grievance shall be irrevocable, that is, if the grievance is +rejected, new grievance may not be submitted unless after passage of thr ee months as +of the date of rejecting the first grievance, unless otherwise a serious reason emerges +before passage of this period. + +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (48) +The Attorney General and the competent court, as the case may be, may appoint anyone +deemed appropriate to manage the seized, froze, or confiscated funds, proceeds, or +instrumentalities , and may permit disposal or sale of the same by public auction even +before rendering a jud gment in connection therewith out of fear of their damage or Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 45 + devaluation thereof by time. Proceeds of sale shall be transferred to the State treasury in +case of rendering a final judgment of conviction. These funds shall remain carrying the +legitimate rights of bona fide third -parties thereto within the limits of its valu e. + +Part Two +Investigations Procedures +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (49) +1. Upon commencing investigations and collecting evidence on the primary offence +when necessary, the public prosecution and the law enforcement bodies shall take +into consideration the extent to which financial aspects of the criminal action is linked +to the crimes of money laundry, financing terrorism, or financing illegal organizati ons, +in order to define the scope of the crime, track proceeds and any other funds subject +to confiscation, and enhance evidence establishing the crime. +2. The public prosecution may seek the opinion of the FIU on the notices submitted +thereto on money laundr y, terrorism financing and illegal organizations financing. +3. Law enforcement bodies shall receive and follow -up on the results of suspicious +transactions reports analyses from the FIU and shall collect all relevant evidence . +4. The public prosecution and the l aw enforcement bodies shall quickly define, track and +confiscate funds, proceeds and instrumentalities subject to confiscation and relevant +to the crime. +5. Law enforcement bodies may directly receive from the entities concerned the +information deemed necessa ry for performance of their tasks in terms of detecting the +crime or its perpetrator, and collecting relevant evidence even if said information is +subject to banking or professional confidentiality . The body requested to provide +information shall promptly execute the request. + + + + + Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 46 + Chapter Seven +International Cooperation +Part One +General Provisions on International Cooperation +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (50) +In the course of execution of the international cooperation request concerning the crime, +the entities concerned may conclude, negotiate and execute agreements in a timely +manner with counterpart foreign authorities provided that said agreements may not +contradict the Statutes applicable in the State. + +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (51) +Entities concerned shall give priority to and promptly execute all international +cooperation requests in criminal matters, particularly those pertaining to crime through +apparent and secure mecha nisms and channels. Confidentiality of received information +subject of the request shall be adhered to, if required, and in case of inability to maintain +confidentiality, the requesting body shall be notified of the same . + +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (52) +In implementation of the provisions of this the Decree -Law and this Resolution, +international cooperation request may not be denied on any of the following grounds : +1. The crime involves financial, tax, or customs issues ; +2. Confidentiality provisions that are bind ing on Financial Institutions, DNFBPs, VASPs +without violation of the statutes in force in the State unless relevant information is +obtained under circumstances where legal professional privileges or professional +confidentiality are applicable ; +3. The crime i s political or related to political matters ; +4. The request is relevant to a crime under detection or judicial investigations in progress +in the State, unless the request would hinder such detections or investigations ; +5. The act whereupon the request is based d oes not constitute a crime in the State or +does not have common characteristics of a crime provided for therein, unless the Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 47 + request contains coercive compulsory measures or is in accordance with the Statutes +applicable in the State; and +6. The criminal act in the State is listed under a different title or description, or its +elements are different in the requesting country . + +Part Two +Information Exchange Between Entities Concerned and Counterpart +Bodies +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (53) +Pursuant to applicable legislation and agreements in the State or on condition of +reciprocity; the entities concerned may: +1. Execute the requests received from any foreign body and exchange crime -related +information with counterpart foreign bodies at an appropriate speed, and may obtain +any other required information, either automatically or upon request, on behalf of +said bodies even if they are of a different nature; +2. Provide feedback to foreign bodies upon their request on the use of information +receive d and the extent of utilization thereof ; +3. Obtain an acknowledgement or undertaking from the counterpart foreign body that +the international cooperation information shall be used only for the purposes for +which it is requested, unless said body obtains a pri or consent therefrom; +4. Use the international cooperation information received only for the purposes for +which it is requested unless the foreign body provides its approval to be used for other +purposes; and +5. Refuse the supply of information in case of inability of the foreign body request ing the +international cooperation to protect said information effectively. + +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (54) +1. Entities concerned shall provide assistance the international cooperation concerning +basic information o f companies, legal arrangements, and actual beneficiaries +provided said cooperation shall include the following: Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 48 + a. Facilitate access by foreign competent authorities to the basic information +available in the companies' and legal arrangements' records; +b. Exchange information about legal arrangements and companies' shareholders; +and +c. Use their powers to obtain actual beneficiary's information on behalf of the +counterpart foreign bodies . +2. Entities concerned shall provide supervision over implementation of int ernational +cooperation operations received from other countries in connection with request to +obtain basic information about companies, legal arrangements, and actual +beneficiaries therefrom, and international cooperation requests concerning locating +the p laces where actual beneficiary from the company is present outside the State. + +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (55) +In accordance with the statutes in force in the State and the provisions of conventions +whereto it is a party and on condition of reciprocity, financial institutions regulatory +bodies may: +1. Exchange the information retained thereby or available thereto, either directly or +indirectly, about the crime with counterpart foreign bodies regardless of the nature of +said information and in accordance with the applicable Core Principles for Effective +Banking Supervision related to anti -money laundering and combating financing of +terrorism, including the information pertaining to: +a. Organizational framework of financial sectors and general information related +there to; +b. Preventive financial supervision measures including information relevant to +financial institutions actions and businesses, the actual beneficiary therefrom, and +management thereof, and competence and capability information; and +c. Financial institutions i nternal policies on combating crime, customers due +diligence information, and forms of information pertaining to accounts and +transactions. Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 49 + 2. Obtain the prior consent of the foreign regulatory body required to provide +information to refer and use such inform ation for purposes other than those for which +it is requested, and shall notify said foreign bodies in case of disclosure of this +information whenever said disclosure is required by legal obligation; and +3. Request or facilitate receipt of information on behalf of the foreign regulatory body +for the purpose of enhancing control of the financial group. + +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (56) +Without prejudice to the provisions of treaties and conventions to which the State is a +party and on the condition of reciprocit y, law enforcement bodies, in coordination with +the bodies concerned, may: +1. Exchange the information in their possession or which is available thereto, either +directly or indirectly, with counterpart foreign for the purposes of detections and +collection of crime -related evidence and to identify and track proceeds and +instrumentalities; and +2. Use the powers vested therein pursuant to statutes in force in the State to make +investigations, receive information on behalf of the counterpart foreign body , and +coordinate to from dual or multiparty teamwork to perform joint investigations. + +Part Three +International Judicial Cooperation +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (57) +At the request of a judicial authority in a foreign country which is a party to a convention +concluded with the State, or on condition of reciprocity in connection with acts +punishable pursuant to the Statutes applicable in the State, the comp etent judicial +authority may provide judicial assistance in crime -related investigations, trials or +procedures, and may order as follows : +1. Designate, freeze, seize or confiscate the funds, proceeds or other instrumentalities or +equivalents which are generat ed from the crime wherein the same is used or +attempted to be used, taking into account that anonymity or the exclusion of the Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 50 + criminal responsibility of the accused or the abatement of the criminal proceedings +shall not prevent taking these actions ; +2. Adopt any other procedures that can be applied subject to the statutes in force in the +State including submission of the records kept by Financial Institutions, DNFBPs, +VASPs or NPOs; search persons and buildings; take witness statements; collect +evidence; and use investigation techniques such as undercover operations, +communications interception, electronic data and information collection and +controlled delivery; and +3. Deliver and receive crime -related persons and objects in accordance with statutes in +force in t he State . + +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (58) +Any court judgment or order on the confiscation of funds, proceeds, or instrumentalities +pertaining to crimes of money laundering, financing of terrorism or financing of illegal +organizations , which is rendered by any court or competent judicial authority in a country +with which the State has entered a ratified convention , may be recognized . + +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (59) +In consideration of the legislation in force in the State, the enforcement of the court +judgment or order aforementioned in article (85) herein may not contradict any court +judgment or order rendered previously in the State, and there may be no current lawsuit +involving the same subject matter of the lawsuit in connection with which a ruling is +rende red in the requesting country. The request shall include the following documents +and information: +1. A certified copy of the ruling or order of confiscation, the law on which the ruling or +order is grounded, and the reasons for confiscation if not included in the order or the +ruling itself; +2. A proof indicating that a Notice to Appear in Court was served upon the convict, and +that the latter was duly represented and enabled to defend itself; Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 51 + 3. A document proving that the court order or judgment is enforceable and +unchallengeable by ordinary methods; +4. Description and estimation of the value of funds, proceeds, and instrumentalities +desired to be confiscated, the place where it may be present, and the information +about any person who may retain or possess them; +5. Statement of the amount desired to be recovered from among the funds req uired to +be confiscated; +6. Any information pertaining to others' rights to said funds, proceeds and +instrumentalities; and +7. A description of the actions taken by the requesting country to protect bona fide third +parties. +Part Four +Implementation of Security Council Resolutions (UNSCR) +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (60) +Every natural or legal person shall immediately comply with the instructions made by the +authority concerned in the State concerning the implementation of United Nations +Security Council Resolutions (UNSCR) under Chapter 7 of the United Nations Charter for +prevention and suppression of terrorism and the financing of terrorism, and to prevent +proliferation and financing of mass destruction w eapons and other relevant resolutions . + +Chapter Eight +Final Provisions +" +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (61) +Every provision that conflicts with or inconsistent with the provisions hereof shall be +repealed. + + + + Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 52 + " +security and safety,"Cabinet Resolution No. (10) of 2019 Concerning the Executive Regulations of Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering, Combating the Financing of Terrorism, and Illegal Organizations","Article (62) +This Resolution shall enter into force as of the date of its issuance and shall be published +in the Official Gazette. + + + + + + + + + + + + + + + + + + + + + + + +Mohammed Bin Rashid Al Maktoum +Prime Minister + +Issued by us on 22nd of Jumada Al -Awwal 1440 A.H. +Corresponding to 28th of January 2019 A.D. Cabinet Resolution of 2019 Concerning the Executive Regulations of Federal Law of 2018 on Anti -Money +Laundering, Combating the Financing of Terrorism, and Illegal Organizations 53 + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (1) +Introductory Provisions +The provisions of the Islamic Sharia shall apply to the crimes punishable by retribution +(Qisas) and crimes punishable by blood money (Diya). The other crimes and their prescribed +penalties shall be defined in accordance with the provi sions of this Law and the other penal +codes in force. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (2) +No person may be convicted for a crime committed by another. And the accused is innocent +until proven guilty in accordance with the law. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (3) +The provisions of Book One of this La w shall apply to the crimes provided for in the other +penal laws, unless there is a stipulation therein to the contrary. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (4) +Unless the context of this Law otherwise requires, the term ""Government"" shall include the +Federal Government and the gov ernments of the Emirates members of the Federation. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (5) +A public servant as per the provisions of this Law, shall mean any person occupying a federal +or local job, whether legislative, executive, administrative or judicial, and whether he is +appo inted or elected; including: + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 4 + 1. Persons entrusted with the public authority and employees working in ministries and +governmental departments. +2. Members of the Armed Forces. +3. Security authorities' employees. +4. Members of judicial authorities and chairmen and membe rs of legislative, consultative +and municipal councils. +5. Whoever is delegated by any of the public authorities to perform a specific assignment +within the limits of the assigned entrusted thereto. +6. Chairmen and members of boards of directors, managers and al l other employees +working in public entities and corporations, and companies partially or wholly owned by +the federal government or the local governments. +7. Chairmen and members of boards of directors, managers and all other employees +working in associations and public benefit institutions. +8. Employees in entities whose funds are public funds in this Law or in any other law. +Whoever is not included in the categories stated in the preceding Clauses and performs +work connected to public service in accordance with a contract with an entity whose funds +are public funds, or an assignment issued thereto by a public servant having the power to +give such an assignment by virtue of prescribed laws or systems, concerning the work +contracted on or assigned thereto, shall b e considered to be entrusted with a public service +under the provisions of this Law. +The job, work or service may be permanent or temporary, with or without pay, voluntarily or +compulsory. +The termination of the job, work or service shall not prevent the a pplication of the +provisions of this Law whenever the crime has been committed during the existence of the +capacity. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (6) +1. A foreigner public servant in accordance with this Law shall be: any person who +occupies a legislative, executive, administra tive or judicial position in another country, +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 5 + whether permanent or temporary, and whether he is appointed or elected, with or +without pay, and any person entrusted with a public service. +2. An employee of an international organization in accordance with this Law shall be: any +person who occupies a position in an international organization or is authorized by such +organization to act on its behalf. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (7) +Public funds in accordance with this Law shall be: +1. Funds owned, in part or in whole, by a federal or local authority, a federal or local public +entity and corporation, a company partially or wholly owned by the federal government +or the local government, or an association or public benefit institution. +2. Any funds that are subject to the management or supe rvision of one of the entities +provided for in Paragraph (1) of this Article or if such an entity has the right to utilize +them and benefit therefrom. +3. Funds owned by any other entity that this Law stipulates that its funds are considered +public funds. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (8) +No punitive measure shall be imposed except in the cases and under the conditions +stipulated by the Law. Provisions relative to penalties shall, unless otherwise provided, apply +to punitive measures. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (9) +The provisions of this Law that apply to the crimes against the President of the State shall +apply to crimes committed against the Vice President of the State and the members of the +Federal Supreme Council and their Crown Princes and Deputies. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (10) +Under this Law, the following shall be considered means of publicity: +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 6 + 1. Any speech or shout uttered publicly or conveyed through any means in a public +gathering or place or a in place open for the public. +2. Any acts, gestures, or movements performed in a public gathering or place or a in place +open for the public, or conveyed to the persons who are in such places through any +other means, or witnessed by those who are not party thereto. +3. Writings, drawings, and pictures or symbols, or audio, visual or reading materials, or +films or other mea ns of expression means, if displayed in a public gathering or place or a +in place open for the public, or distributed or circulated without discrimination by any +means, or sold or offered for sale to people in any place. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (11) +Periods and dates pr ovided for in this Law shall be computed in accordance with the +Gregorian calendar, unless the Law stipulates otherwise. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (12) +The provisions of this Law shall in no case prejudice any rights of refund or indemnity, or +expenses or any other rights which may be pertaining to the adversaries or other parties. + +Section Two +Scope of Application of the Law +Chapter One + Temporal Application of the Law +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (13) +A crime shall be punished according to the law in force at the time at which it is commit ted. +In order to determine the law in force, the time at which the criminal acts are performed +shall be taken into consideration, regardless of the time at which the results thereof are +realized. + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 7 + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (14) +If, after the crime is committed and before a final judgment is issued thereon, a law that is +more favourable to the accused is promulgated, such law shall alone be applicable. +And if, after the judgment has become final, a law is promulgated deeming the act or +omission, for which the accused has bee n convicted, as not punishable, the judgment shall +be stayed and its penal effects shall cease, unless the new law stipulates otherwise. +But if the new law only extenuates the penalty, the court which has issued the final +judgment shall, upon the request o f the Public Prosecution or the convict, amend the +penalty imposed according to the provisions of the new law. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (15) +Notwithstanding the preceding Article, if a law is promulgated, deeming an act or an +omission as a crime, or increasing the penalt y that has previously prescribed therefor, and if +said law is temporary and limited to a specific period of time, or if some exceptional and +unexpected circumstances have caused such law to be promulgated, in such a case, the +expiry of the period set for i ts application or the forfeiture of the exceptional and +unexpected circumstances shall neither prevent from filing criminal cases for any crime +committed within said expired period, nor preclude the execution of the penalty which may +have been imposed in a ccordance with said law. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (16) +The new Law shall apply to all continuous or successive crimes committed before it its entry +into force and to habitual crimes which have been committed repeatedly after the new Law +has entered into force. +And if the new Law amends the provisions relating to recidivism or plurality of crimes or +penalties, it shall apply to any crime which causes the accused to be subject to the provisions +of plurality or which considers him a recidivist; even if the other crimes were committed +before the said new law has entered into force. + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 8 + Chapter Two +Spatial Application of the Law and Its Application to Persons +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (17) +The provisions of this Law shall apply to any one who commits a crime on the territory of +the State. The Stat e's territory includes its lands and any place under its sovereignty, +including the territorial waters and the airspace above them. +A crime shall be deemed as committed on the State's territory if one of the acts constituting it +has been committed thereon or if its results have been, or have been intended to be, +produced thereon. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (18) +The provisions of this Law shall apply to such crimes committed onboard warships and +military aircraft flying the flag of the State, wherever they are. +This provisio n shall also apply to non -military ships and aircraft owned by the State or +managed for non -commercial purposes, as well as commercial ships and aircraft flying the +flag of the State. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (19) +Without prejudice to the agreements and conventions to wh ich the State is a party, the +provisions of this Law shall not apply to crimes committed onboard foreign ships in a port of +the State or in its territorial waters, except in any of the following events: +1. If the effects of the crime extend to the State. +2. If the crime by its nature prejudices the security of the State or disturbs peace in the State +or contravenes public morals or good order in its seaports or territorial sea. +3. If the captain of the ship or the consul of the State flying its flag requests assista nce from +the local authorities. +4. If the perpetrator or the victim is a citizen of the State. +5. If the ship carries materials or things prohibited to be circulated, acquired or traded +internationally. +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 9 + In respect of the crimes committed onboard foreign aircraft in the air territory of the State, +the provisions of this Law shall not apply unless the aircraft lands in any of its airports after +committing the crime or if the crime by its nature disturbs peace in the State or prejudices its +public order or if the cr ime constitutes violation of the regulations and provisions organizing +navigation in the State or the pilot requests assistance from the local authorities or if the +perpetrator or the victim is a citizen of the State. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (20) +This Law shall apply to any person who performs, outside the State, an act which causes him +to be considered a perpetrator or an accomplice of a crime which is wholly or partially +committed in the State. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (21) +This Law shall apply to any individual who performs, outside the State, an act which causes +him to be considered a perpetrator or an accomplice of one of the following crimes: +1. Crimes against the external or internal security of the State, its constitutional regime or +its bonds issued under legal license, or in conn ection with its stamps, or crimes of +falsification or counterfeiting of its official documents or seals. +2. Crimes of falsification, counterfeiting or forgery of the State's money, or circulation or +possession thereof with the intention of circulating them, w hether such acts are +committed inside or outside the State. +3. Crimes of falsification, counterfeiting or forgery of coined or paper money which is +legally circulated in the State, or crimes of circulating such coined or paper money in the +State or the posses sion thereof with the intention circulating them. +4. Crimes of premeditated murder against a citizen of the State. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (22) +This Law shall apply to any person who is present in the State upon committing abroad, as a +perpetrator or an accomplice, a crime of sabotage or impairment of international means of +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 10 + communications, crimes of trading in drugs, women, children or slaves or the crimes of +international piracy and terrorism or money laundering. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (23) +Any citizen who performs outside the State, a n act that is considered a crime according to +the provisions of this Law, as a perpetrator or an accomplice, shall be punished in +accordance with its provisions if he returns to the State and such act is punishable under the +law of the country where it is committed. +This provision shall apply to any individual who acquires the nationality of the State after +having performed said act. For the purpose of applying this Article, any person without +nationality shall be treated as a citizen if he has a permanent residence in the State. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (24) +Only the Public Prosecutor may file a criminal action against a person who has committed a +crime abroad. Said action may not be filed against the person who is proven to have been +finally acquitted by foreign Courts, or have been convicted and have served fulfilled the +penalty, or if the criminal action or the penalty imposed has been legally forfeited, or if the +competent authorities of such country has docketed the investigations. +The law of the country where the jud gment has been issued shall be the competent law to +decide whether such judgment has become final or not, whether the action or the penalty +has been forfeited or not and whether the investigation has been docketed or not. If the +penalty imposed has not bee n completely served, its period must be completed. However, if +the judgment of acquittal concerns a crime provided for in Articles (21) and (22), due to the +fact that such crime is not punishable under the law of that country, a criminal action may in +this case be filed against him before the State's Courts. +The competent federal court located in the Federal Capital shall have jurisdiction to consider +the criminal action. + + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 11 + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (25) +When executing the penalty against the convict, the period which he has served in custody, +in preventive detention, electronic probation, or in execution of the penalty abroad for the +crime for which he has been convicted shall be taken into account. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (26) +The provisions of this Law shall not apply in the territory o f the United Arab Emirates to +persons enjoying immunity in accordance with the international agreements or +international or domestic laws. + +Section Three +Crimes + Chapter One +Types of Crimes +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (27) +1. Crimes are of three types: +a. Felonies . +b. Misdemeanour . +c. Infractions . +2. The type of a crime shall be determined by the type of penalty prescribed therefor in the +Law. If the crime is punishable by a fine or Diya in addition to any other penalty, its type +shall be determined according to the other penalty. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (28) +The type of crime shall not change if the court has replaced the penalty prescribed therefor +with another penalty that is milder, whether due to legal excuses or due to discretionary +extenuating circumstances, unless the law stipulates otherwise. + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 12 + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (29) +A felony is a crime punishable by any of the following penalties: +1. Any of the Qisas penalties. +2. Death penalty. +3. Life imprisonment. +4. Temporary imprisonment. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (30) +A misdemeanour is a crime that is punishable by one or more of the following penalties: +1. Imprisonment. +2. A fine of more than (10,000) ten thousand AED. +3. Diya. +The amount of Diya for manslaughter of a male or female shall be determined at (200,000) +two hundred thousand AED. +By a decision of the Cabinet, upon a proposal by the Minister o f Justice, the amount of Diya +stipulated in the previous paragraph may be modified by an increase or decrease. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (31) +An infraction is any act or omission punishable under the laws or regulations, by one or both +of the two following penalties: +1. Cust ody for not less than twenty -four hours and not more than (10) ten days. Such +custody shall be performed by confining the convict in one of the places designated for +that purpose. +2. A fine not exceeding (10,000) ten thousand AED. + + + + + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 13 + Chapter Two +Basic Elements of the Crime +Part One +Material Element +1. Consummated Crime +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (32) +The material element of a crime consists of a criminal activity involving a commission or +omission of an act whenever such commission or omission is criminal according to the law. +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (33) +No person shall be held responsible for a crime that is not the result of his criminal activity, +but he shall be held responsible for the crime even if his criminal activity contributed in its +occurrence with another preceding, contemporary, or subsequent, whenever such cause is +expected or probable according to the normal course of events. +However, if said cause is sufficient in itself to produce the effects of the crime, said person +shall in this case be held responsible only for his own act. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (34) +Instantaneous crimes are those punishable acts which, by nature, occur and end once they +are committed. +The series of consecutive acts shall be considered an instantaneous crime when they are +committed in execution of a single criminal scheme aiming at one right without being +separated by a period of time severing their connection. +However, where the act is a continuous process, requiring the renewed intervention of the +perpetrator for a period of time, it is, in this case, a continuous crime. The continuity of the +crime's effects after committing it shall not be taken into consideration in order to decide +that the crime is continuous, if such effects continue without the intervention of the +perpetrator. + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 14 + 2. Attempt +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (35) +An attempt mea ns an effort or endeavour to commit a crime, which has been prevented or +has not produced the effect intended due to reasons beyond the perpetrator's will. +Committing an act which is deemed, by itself, as a constituent part of the material element of +the c rime, or which entails immediately and directly such element, shall be considered an +attempt. +But neither mere intention of committing a crime nor the preparatory acts thereto shall be +considered as an attempt, unless the law stipulates otherwise. + + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (36) +An attempt to commit a felony shall be punishable by the following penalties, unless the law +stipulates otherwise: +1. Life imprisonment, if the penalty prescribed for the crime is death. +2. Temporary imprisonment, if the penalty prescribed for the crime is life imprisonment. +3. Imprisonment for a period not exceeding half of the maximum period prescribed for the +crime, or detention if the penalty for the crime is temporary imprisonment. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (37) +The law shall determine which the misdemeanours in which at tempt is punishable, as well +as the penalty for such attempt. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (38) +The provisions regarding ancillary penalties and criminal measures to be prescribed for +consummated crimes shall apply to the attempt. + + + + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 15 + Part Two +Moral Element +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (39) +The mo ral element of the crime consists of the intention or the error. +The intention exists when the will of the perpetrator is to commit or omit an act whenever +such commission or omission is deemed a crime by law, with the aim to produce a direct +result or any other result deemed a crime by law and which the perpetrator had expected to +occur. +There is error when the criminal result is achieved because of the perpetrator's mistake, +whether such said mistake is negligence, lack of vigilance, lack of precaution, r ecklessness, +imprudence or noncompliance with the laws, regulations, rules or orders. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (40) +Where an act is committed because of a mistake of facts, the liability of the perpetrator shall +be restricted to the facts which he believed they existed, if such facts are to negate or reduce +his liability, provided that his belief was based on reasonable causes and on a real effort of +search and investigation. +But if the mistake which caused the perpetrator to believe he is not liable is due to his +neglige nce or lack of precaution, he shall be held responsible for a non -premeditated crime, +if the law punishes the act as being such. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (41) +The motive of committing the crime shall not be taken into consideration, unless the law +stipulates otherwise. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (42) +Where the perpetrator ignores the existence of an aggravating circumstance altering the +characterization of the crime, he shall not be held responsible, but he shall benefit from the +excuse even if he has ignored its existence. +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 16 + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (43) +Ignorance of the provisions of this Law is not an excuse. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (44) +The perpetrator of a crime shall be liable for it whether he has committed it deliberately or +by mistake, except in the cases where the law expressly stipulates premeditation. + +Chap ter Three +Criminal Complicity +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (45) +Any individual who has committed a crime alone or who has acted as direct accomplice +therein shall be considered a perpetrator thereof. The accomplice shall be deemed a direct +one in the following cases: +1. If he com mits the crime in association with others. +2. If he participates in committing the crime, which consists of a series of acts, and he +deliberately commits one of the acts of which the crime is constituted. +3. If he makes use of another person, in any way whatever , for the perpetration of the act +constituting the crime, and if the latter is not criminally liable for any reason whatever. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (46) +A person is considered an accomplice by causation of the crime if he: +1. Instigates the commission of the crime, and i t has been committed as a result of such +instigation. +2. Agrees with another person to commit the crime, and it has been committed as a result +of such agreement. +3. Gives the perpetrator a weapon, tools or any other thing which the latter has knowingly +used in c ommitting the crime; or he who has deliberately aided the perpetrator in any +other way in the preparation, facilitation or completion of the crime. +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 17 + The accomplice shall in these cases be liable, whether he is in direct contact with the +perpetrator or throu gh an intermediary. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (47) +Any accomplice by causation who has been found at the scene of the crime with the +intention of committing it shall be considered as a direct accomplice if another person does +not commit it. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (48) +Any person who p articipates in a crime, as a direct accomplice or as an accomplice by +causation, shall be punished by its penalty, unless the law stipulates otherwise. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (49) +Where one of the accomplices is not subject to the penalty due to any of the causes of +justification or due to his lack of criminal intent or due to any other circumstances +particularly attached to his person, the other accomplices shall not benefit therefrom. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (50) +In the presence of material circumstances which are adherent to the c rime or constituent of +one of its acts, that would aggravate or extenuates the penalty, the effects thereof shall apply +to each person who has participated, directly or by causation, in committing the crime, +whether he has known or not known of the existen ce of said circumstances. +In the presence of personal aggravating circumstances which have facilitated the +commission of the crime, they shall only apply to the other participants if they have had +knowledge thereof. As to other circumstances, they shall on ly affect the person to whom +they are attached, whether they are aggravating or extenuating circumstances. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (51) +In the presence of personal excuses exempting from or extenuating the penalty in respect of +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 18 + one of the accomplices in the crime, wheth er direct or by causation, they shall only affect the +person to whom they are attached. +However, the material excuses exempting from or extenuating the penalty shall be fully +effective towards each person who has participated in the commission of the crime directly +or by causation. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (52) +The accomplice in the crime, directly or by causation, shall be punished by the penalty +prescribed for the crime which has actually been committed, even if such crime is different +from the one he has intended to co mmit, whenever the crime committed is a probable result +of the complicity which has taken place. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (53) +If the characterization of the crime or the penalty changes to the perpetrator's intention or +his knowledge of its circumstances, the accomplice s, directly or by causation, shall be +punished, each according to his intention or knowledge. + +Chapter Four +Causes of Justification and Exceeding its Limits +Part One +Causes of Justification +1. Use of Right +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (54) +There shall be no crime, if the act takes place in good faith, in the use of a right established +by virtue of Islamic Sharia or the law, or within the limits of such a right. +The following are considered cases for the use of a right: +1. Medical surgery and medical treatment in accordance with t raditional medicinal +standards recognized in licensed medical professions, whenever they are done with the +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 19 + express or implied consent of the patient or his legal representative, or whenever +medical intervention is essential in emergency cases requiring the same. +2. Acts of violence which occur during sports within the limits prescribed for such sports, +subject, however, to the rules of due care and caution. +3. Acts of violence committed against a person caught red -handed in a crime with the +intention of arresting him, subject, however, to the extent necessary for such a purpose. +4. Acts of defamation by litigating parties, during oral or written pleadings and defence +before investigation and judicial authorities, within the limits required for such defence, +provided that such a party is bona fide, believing in the truth of the matters attributed to +his adversary, and provided that his belief is based on reasonable grounds. + +2. Providing Assistance or Relief +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (55) +There shall be no crime in any act performed in good faith but causing damage to another +person upon providing assistance or relief thereto in cases which require urgent interference +in order to save his life, avoid any damage to his body or limit such damage. + +3. Performance of Duty +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (56) +Ther e shall be no crime if the act is committed in the performance of a duty imposed by the +law, if the person who commits such act is legally authorized thereto. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (57) +There is no crime if the act is committed by a public servant or by a person who i s entrusted +with a public service in one of the two following cases: +1. If he commits the act in execution of an order given thereto by his superior who is legally +authorized to give him such an order, and which he is bound to obey. +2. If he commits, in good fai th, an act in execution of what is imposed by the law. + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 20 + 4. Right of Legitimate Defence +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (58) +There is no crime if the act is committed in the use of the right of legitimate defence. +Such legitimate right exists when the following conditions are ful filled: +1. If the defender faces an immediate danger of a forcible crime to be committed against his +person or property or against another person or such other person's property; or if the +defender believes in the existence of such danger, provided that his b elief is based on +reasonable grounds. +2. If the defender cannot resort to the public authorities to repel the danger in due course. +3. If the defender has no other means to repel such danger. +4. If the defence is necessary in order to repel the attack and is propor tionate thereto. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (59) +The right of legitimate defence does not justify premeditated murder, unless it is committed +for the purpose of repelling one of the following cases: +1. An act which is feared to cause death or serious injuries, provided that s uch fear is based +on reasonable grounds. +2. Forced sexual intercourse with a female or disgracing any other person. +3. Kidnapping a human being. +4. Felonies of arson, destruction or theft. +5. Entering at night an inhabited house or any of its annexes. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (60) +The right of legitimate defence does not justify the resistance to any of the members of the +public authority, if this latter is performing an act in execution of the duties of his job and +within its limits, unless it is feared that such act may cause death or serious injuries and +unless such fear is based on reasonable grounds. + + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 21 + Part Two +Exceeding the Limits of Justification +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (61) +Exceeding the limits of justification in good faith is considered an extenuating excuse, and +the judge may pardon the do er if he deems it appropriate. + +Section Four +Criminal Liability and its Impediments +Chapter One +Liability of Natural Persons +Part One +Want of Perception or Will +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (62) +Anyone who, at the time of committing the crime, loses perception or will for cau ses of +insanity, mental deficiency or unconsciousness due to drugs or narcotic or intoxicating +substances of any kind, which have been given to him by force or which he has taken +without being aware thereof, or for any other cause which, according to the s cience, causes +the want of perception or will, shall not be criminally liable. +However, if the insanity, mental deficiency, drugs, narcotic or intoxicating substances, or any +other substances only cause a diminution or weakness of perception or will at the time of +committing the crime, this shall merely be considered as an extenuating excuse. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (63) +If the want of perception or will is due to drugs, or narcotic or intoxicating substances taken +voluntarily and knowingly by the perpetrator, he shall b e punished for the crime committed, +as if it were committed free of narcotization, or intoxication, even if such crime requires a +particular criminal intention. +If the perpetrator has intentionally taken the drugs or intoxicating or narcotic substances for +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 22 + the purpose of committing the crime, this shall be deemed as an aggravating circumstance +with regard to the penalty. + +Part Two +Want of Discernment and Minority +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (64) +No criminal action may be filed against any person who has not completed eleven y ears of +age at the time of committing the crime. Want of discernment and minority shall be subject +to the provisions stipulated in the legislation concerning delinquent juveniles, or who are +prone to be delinquent. + +Part Three +Necessity and Constraint +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (65) +No criminal liability shall be held against anyone who is forced to commit a crime in order to +protect his person or property or the person or property of others from a serious and +imminent danger, of which occurrence is beyond his own will. +No c riminal liability shall also be held against anyone who has been physically or morally +constrained to commit a crime. +In the two cases stipulated in the two preceding paragraphs, the perpetrator must not have +the ability to prevent the danger by any other means, and the crime must be proportionate +to the danger and to the extent necessary to repel it. + +Chapter Two +Liability of Legal Persons +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (66) +Legal persons, with the exception of the government agencies and their official departments +and public e ntities and corporations, shall be criminally liable for crimes committed by their +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 23 + representatives, directors or agents acting in favour of or on behalf of them. +No penalty shall be imposed on them other than a fine, confiscation and the criminal +measures stipulated by law; however, if the law prescribes for the crime a principal penalty +other than a fine, the penalty shall be limited to the fine, not exceeding five million +(5,000,000) AED, unless the law stipulates otherwise. This, however, shall not preve nt +punishing the perpetrator personally with the penalties prescribed for the crime by law. + +Section Five +Penalties +Chapter One +Principal Penalties +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (67) +A. Principal penalties are as follows: +1. Qisas and Diya penalties. +2. Death penalty. +3. Life imprisonment . +4. Temporary imprisonment. +5. Incarceration. +6. Detention. +7. Fine. +B. If the conditions set forth in the Sharia for the application of the Qisas and Diya +penalties, courts shall order the penalties stipulated in this Law or in the other penal +codes, as the case may be . + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (68) +The death penalty issued by a Federal Court shall only be executed after being ratified by the +President of the State. + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 24 + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (69) +Imprisonment is to detain the convict in one of the penal establishments or institutions +legally designat ed for this purpose, for life in case of life imprisonment, or for the period +specified by the judgment in case of temporary imprisonment. +The period of temporary imprisonment may not be less than (3) three years or more than +fifteen (15) years, unless the law stipulates otherwise. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (70) +Incarceration is to detain the convict in one of the penal establishments or institutions +legally designated for this purpose, for the period specified by the judgment. +The period of incarceration may not be less t han one month or more than (3) three years, +unless the law stipulates otherwise. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (71) +Whoever is sentenced to a penalty restricting his liberty, shall be bound to perform the +labour assigned thereto in the penal establishments or institutions wit h due regard to his +own circumstances and to the purpose of correcting and rehabilitating him, and in +consideration of a convenient remuneration. Periodical reports shall be prepared in order to +observe his conduct and behaviour, all in accordance with the law governing penal +establishments or institutions. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (72) +The fine penalty: It is to obligate the convict to pay the treasury the adjudged amount. The +fine may not be less than one thousand (1,000) AED and not be more than ten (10,000,000) +millio n AED in felonies, and five (5,000,000) million AED in misdemeanours, unless the law +stipulates otherwise. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (73) +If several persons accused of one crime are sentenced by one single judgment to a fine, +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 25 + whether as principal perpetrators or accomplic es, the court shall impose the fine upon each +of them severally, save the cases of proportional fines, where all of the accused shall be +jointly liable to the payment of the fine, unless the law stipulates otherwise. + +Chapter Two +Ancillary Penalties +Part One +Accessory Penalties +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (74) +Accessory Penalties are as follows: +1. Deprivation of some rights and privileges. +2. Police Probation. +3. Dismissal from public service. +Such penalties shall be imposed on the convict by force of the law without the need to +ment ion them in the judgment, and in accordance with what is provided for in this Part . + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (75) +Any death sentence shall entail by force of the law, since the day on which it is issued and +until its execution, the deprivation of the convict of all the r ights and privileges stated in the +following Article, and the nullification of all disposition and administration acts performed +by him, with the exception of testaments. +The competent court shall appoint a curator who shall administer the funds of the con vict, +and follow in his appointment and determining his powers the provisions in force with +respect to curatorship of interdicted persons. The Public Prosecution shall notify the +competent entities of the procedures for appointing the curator and the limit s of his powers. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (76) +Sentence to life or temporary imprisonment shall entail by force of the law, since the day on +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 26 + which it is issued, the deprivation of the convict of all the following rights and privileges: +1. The right to be an elector or a mem ber in the legislative or consultative councils. +2. The right to be a member of the municipal councils, boards of directors of public entities +or organizations and establishments, or associations or institutions of public benefit, or +to be a member or manager of a joint stock company. +3. The right to be a guardian, curator or proxy. +4. The right to wear national or foreign badges of honour. +5. The right to carry arms. +The period of deprivation may not exceed (3) three years as of the date on which the +execution of the punishment is completed or forfeited. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (77) +Whoever is sentenced to life or temporary imprisonment may not, during the period of +imprisonment, dispose of his funds except after approval of the competent court in which +jurisdiction the place of his residence is located. Any disposition made by the convict in +violation of the provisions of this Article shall be null and void. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (78) +The convict shall, during the period of his imprisonment, select a curator to administer his +funds, after appro val of the competent court in which jurisdiction the place of his residence +is located. If within one month as of the day on which the execution of the penalty begins, +no selection is affected, said court shall appoint a curator upon the request of the Pub lic +Prosecution or any concerned party. The Public Prosecution shall notify the competent +entities of the procedures for appointing the curator and the limits of his powers. +The court may obligate the curator whom it appoints to offer a guaranty, and he sh all in all +cases report to the court with respect to all matters regarding his curatorship. Upon expiry of +the penalty period or upon release of the convict, his funds shall be reinstituted thereto and +the curator shall submit to him a final statement of a ccount regarding his administration. + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 27 + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (79) +If the person who is sentenced to life or temporary imprisonment is a public servant or a +person who is entrusted with a public service, he shall be dismissed from such office as a +result. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (80) +Whoever is sentenced to temporary or life imprisonment for a crime affecting the external or +internal security of the State, for crimes against the security of the State, for a crime of +counterfeit, falsification or forgery of money or forgery of stamps, g overnmental securities +or official instruments, or for a crime of bribery, embezzlement, or misappropriation or +damage to public funds, theft or premediated murder or arson, shall, by the force of law, be +placed under police probation after serving the sen tence according to the rules set down by +the Minister of Interior, for a period equivalent to the term of the penalty, provided that it +shall not exceed (5) five years. +Nevertheless, the court may reduce the period of probation, exempt the convict therefro m, +or reduce its restrictions. +A convict who violates the conditions of probation shall be punished by imprisonment for a +period not exceeding one year and/or a fine not exceeding fifty (50,000) thousand AED. + +Part Two +Complementary Penalties +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (81) +The court may, upon issuing an imprisonment judgment for a felony, decide that the convict +be deprived of one right or privilege or more, among those stipulated in article (76) of this +Law, for a period not less than one year and not exceeding (3) three y ears, and starting as of +the day on which the execution of the penalty is completed or forfeited for any other reason. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (82) +When sentencing a public servant to imprisonment with respect to any crime in which the +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 28 + perpetrator must be a public serva nt, the court may as well decide that he be dismissed from +service for a period not less than one year and not exceeding (3) three years as of the date on +which the execution of the penalty is completed or forfeited. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (83) +1. Confiscation is to adjud icate to transfer the ownership of private funds to the State +without consideration or compensation. +2. In cases other than where the law requires a judgment of confiscation, the court may, +upon issuing a judgment of conviction, adjudicate to confiscate seize d objects and funds +that have been used or would have been used in the crime, or that have been the subject +of the crime or gained therefrom, without prejudice to the rights of bona fide third +parties. +3. If the aforesaid objects are among those of which manu facture, use, possession, sale or +offer for sale is deemed a crime per se, the court shall adjudicate to confiscate the same +in all cases, even if such objects are not owned by the accused. If any of these objects or +funds, cannot be seized, or if the cour t is unable to adjudicate the seizure of the same for +being related to bona fide third parties' rights, it shall impose a fine equivalent to their +value at the time at which the crime has been committed. +4. The fact that the perpetrator is unknown, his crimin al liability is negated, or the penal +action is forfeited in a crime does not preclude the court from adjudicating, sua sponte or +at the request of the Public Prosecution, as the case may be, to confiscate the seized +objects if it is proven that they are r elated to the crime. +5. The court may, where necessary, seek the assistance of an expert to assess the value of +the objects or funds stipulated in Clause (2) of this Article. + +Chapter Three +Stay of Execution of Penalty +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (84) +The court may, when issuin g a judgment on a crime of non -proportional fine or +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 29 + incarceration for a period not exceeding one year, order the stay of execution if it deems in +the ethics, past history or age of the convict, or the circumstances in which the crime has +been committed, wh at leads to the belief that he will not commit a new crime. +The Court may make the stay of execution inclusive of any subsidiary penalty except +confiscation. +In the misdemeanours stipulated in Articles (379), (380), (382), (390), (425), (426), (427), +(447) , (453) and (454) of this Law, and in theft, fraud, breach of trust, and concealment of +objects obtained therefrom, if the victim is a spouse, ascendant or descendant of the +perpetrator, the Public Prosecution shall stay the execution of the freedom -restri cting +penalty imposed whenever the victim waives or reconciles with the convict. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (85) +Stay of execution of penalty shall be for a period of (3) three years as of the day on which the +judgment has become final. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (86) +Stay of the execution may be cancelled in any of the following cases: +1. If the convict has committed, during the period stipulated in the preceding Article, a +premeditated crime in which he is sentenced to a freedom -restricting penalty for more +than two months, whether convictio n is issued during that period or after expiry and +provided that criminal action has been filed. +2. If it becomes evident during the period stipulated in the preceding Article that the +convict has been rendered, before the order of stay of execution, a judgme nt stipulated +in the preceding paragraph and the court was unaware thereof when it ordered the stay +of execution. +The cancellation judgment shall be issued by the court that ordered the stay of execution +upon the request of the Public Prosecution after ord ering the convict to attend. +If the penalty based on which the cancellation judgment is issued has been adjudged after +the order of stay of execution, the cancellation judgment may also be issued by the court +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 30 + that adjudged such penalty, sua sponte or at th e request of the Public Prosecution, all +without prejudice to stages of litigation. +Issuing cancellation judgment shall entail the execution of the penalty of which execution +had been stayed. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (87) +If the period stated in article (86) above expire s without the occurrence of any cause of +cancellation of the stay of execution, the judgment shall be considered as if it never existed. + +Chapter Four +Plurality of Crimes and Penalties +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (88) +If a single act constitutes several crimes, the crime of which penalty is the severest shall be +taken into consideration and such penalty shall be adjudged exclusively. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (89) +If several crimes, which are inseparably connected with each other, are committed for the +same purpose, they shall all be conside red a single crime, and the penalty prescribed for the +severest crime shall be imposed. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (90) +Imposing the penalty prescribed for the severest crime as stipulated in the two preceding +Articles shall not prevent the imposing of the ancillary penalt ies prescribed by in respect +with the other crimes. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (91) +If the perpetrator in the case stipulated in article (89) of this Law, has been convicted for the +crime with the mildest penalty, he shall be prosecuted thereafter for the crime with the +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 31 + severest penalty. In such a case, the court shall order the execution of the penalty imposed +by the last judgment after deducting therefrom what has been effectively executed +according to the previous judgment. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (92) +If a person commits several crim es before he has been sentenced for any of them, and if the +conditions stipulated in Articles (88) and (89) are not applicable to these crimes, the penalty +prescribed for each of them shall be imposed on him, and all penalties imposed shall be +successively executed against him, provided that the total periods of imprisonment only or +the total periods of imprisonment and incarceration combined shall not exceed twenty (20) +years, and provided that the periods of incarceration shall not exceed (10) ten years i n all +cases. +If the penalties are of different types, the penalty of imprisonment shall be executed, +followed by the penalty of incarceration. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (93) +The death penalty shall override all other penalties, except for the penalties of proportional +fine and confiscation. The penalty of imprisonment shall, to the extent of its period, override +the penalty of incarceration imposed for a crime committed before said penalty of +imprisonment is imposed. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (94) +The following penalties and measures shal l apply, regardless of their number: +1. Penalty of fine. +2. Ancillary penalties, provided the total periods of police probation do not exceed (5) five +years. +3. Criminal Measures. + + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 32 + Section Six +Legal Excuses and Discretionary Extenuating and Aggravating +Circumstanc es +Chapter One +Legal Excuses And Discretionary Extenuating Circumstances +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (95) +Excuses may either exempt from the penalty or extenuate it. +No crime is excusable except in those cases specified in the Law. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (96) +An exempting excuse shall pre vent the imposing of all penalties or measures except +confiscation. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (97) +Extenuating excuses include the young age of the perpetrator, committing of the crime for +non -malicious motives or due to the fact that the victim has unjustly and dangerous ly +provoked him. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (98) +If there is an extenuating excuse for a crime punishable by death, it shall be reduced to life or +temporary imprisonment or to incarceration for not less than one year; and if it is punishable +by life imprisonment, it shall be reduced to temporary imprisonment or incarceration for not +less than (6) six months; and if it is punishable by temporary imprisonment, it shall be +reduced to incarceration for not less than (3) three months, unless the law stipulates +otherwise. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (99) +If the court finds in a felony that the circumstances of the crime or the perpetrator call for +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 33 + clemency, it may extenuate the penalty prescribed for the felony as follows: +1. If the penalty prescribed for the felony is death, it may be reduced to life or temporary +imprisonment. +2. If the penalty prescribed for the felony is life imprisonment, it may be reduced to +temporary imprisonment or incarceration for a period not less than (6) six months. +3. If the penalty prescribed for the felony is temporary impriso nment, it may be reduced to +incarceration for a period not less than (3) three months. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (100) +If in the case of misdemeanour, there is an extenuating excuse, the extenuation shall be as +follows: +1. If there is a specific minimum for the penalty, the court shall not abide thereby in +assessing the penalty. +2. If the penalty is incarceration and a fine, the court shall impose only one of the two +penalties. +3. If the penalty is incarceration without any specific minimum period, the court may +impose a fine inste ad. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (101) +If the court finds in a misdemeanour that the circumstances of the crime or the perpetrator +call for clemency, it may reduce the penalty prescribed as stated the preceding Article. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (102) +If, in the case of a misdemeanour, ther e is an extenuating circumstance and an extenuating +excuse at the same time, the court may grant the accused judicial pardon. + + + + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 34 + Chapter Two +Aggravating Circumstances +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (103) +Taking into account the cases in which the law stipulates specific reasons f or aggravation, +the following shall be deemed as aggravating circumstances: +1. Committing the crime for a vile motive. +2. Committing the crime using the weak state of mind of the victim or his incapacity to +resist, or being under circumstances which would not al low others to defend him. +3. Committing the crime using savage means or by mutilation of the victim. +4. Committing the crime by a public servant through exploiting the authority of his position +or capacity, unless the law stipulates a specific penalty with respe ct of such capacity. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (104) +If there is an aggravating circumstance in the crime, the court may impose the penalty as +follows: +1. If the penalty originally prescribed for the crime is a fine, its maximum limit may be +doubled, or incarceration shall b e adjudged. +2. If the penalty originally prescribed for the crime is incarceration, its maximum limit may +be doubled. +3. If the penalty originally prescribed for the crime is temporary imprisonment of which +maximum limit is less than (15) fifteen years, the pena lty may reach such limit. +4. If the penalty originally prescribed for the crime is temporary imprisonment that reached +its maximum limit, it may be replaced by life imprisonment. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (105) +If a crime, not punishable by a fine, is committed with the motive of making profit, the +perpetrator may be punished, in addition to the penalty originally prescribed for the crime, +by imposing a fine not exceeding the amount of profit realized, unless the law stipulates +otherwise. +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 35 + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (106) +If there are both aggra vating circumstances and extenuating excuses or circumstances in +one crime, the court shall apply first the aggravating circumstances, then the extenuating +excuses and finally the extenuating circumstances. +However, if the aggravating circumstances and the excuses produce different effects, the +court may let the stronger of both prevail. + +Chapter Three +Recidivism +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (107) +Any of the following shall be deemed as recidivist: +1. Any person adjudged by a final judgment in a felony and commits a crime thereaf ter. +2. Any person adjudged by a final judgment of imprisonment for (6) six months or more +and then commits a misdemeanour within (3) three years before the expiry date of such +penalty. +Recidivism is only consummated in crimes united in of premeditation and m istake. +In such events, the court may not deem recidivism as aggravating circumstance. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (108) +If the recidivist had previously been sentenced to two freedom -restricting penalties, both for +at least one year, or to three freedom -restricting penalti es, among which one for at least one +year, for having committed or attempted a crime of theft, fraud, breach of trust, forgery, or +concealment of objects resulting from such crimes; and then he commits any of the +aforementioned misdemeanours or an attempt thereof which is liable to punishable, after +he had been sentenced to the last of these penalties; the court may sentence him to +temporary imprisonment for a period not exceeding (5) five years, instead of applying the +provisions of the preceding Article. + + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 36 + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (109) +The court may impose, in accordance with the provisions of the preceding Article, on +whomever commits a misdemeanour from amongst those stated therein after he had been +previously convicted for one of the crimes stated in Articles (355), (4 64), (466) and (468) of +this Law, s two freedom -restricting penalties, both of them for at least one year, or three +freedom -restricting penalties, one of which for at least one year. + +Section Seven +Criminal Measures +Chapter One +Types of Criminal Measures +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (110) +Criminal measures are either restrictive of freedom, depriving of rights, or material. + +Part One +Freedom -Restricting Measures +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (111) +Freedom -restricting measures are: +1. Prohibiting visits to certain public places. +2. Prohibiting residing in a certain place. +3. Probation. +4. Community service. +5. Deportation from the State. + + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (112) +The court may prohibit the convict for a period not less than one year and not exceeding (5) +five years from visiting the public places it specifies, if the crime has been committed under +the influence of an intoxicating or narcotic substance, as well as in other cases stipulated by +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 37 + the Law. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (113) +The prohibition to reside in a specific place is to deprive the convict, after his release and for +a period o f at least one year and at most (5) five years, of residing in said place or of visiting +the places determined by the judgment. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (114) +If a person is sentenced to death or life imprisonment and special pardon is issued forfeiting +all or part of th e penalty or replacing it by a milder penalty, the Public Prosecution must refer +the matter to the court who had issued the judgment in order to decide to forbid him from +residing for a period of (5) five years in the place or places determined thereby, un less the +pardon decision stipulates otherwise. +Furthermore, the court may, when imposing the penalty of temporary imprisonment, rule to +prohibit the convict from residing in one or several specific places for a period which is +equivalent to that of the imp osed penalty, provided it does not exceed (5) five years. But if +the judgment on the felony is issued for incarceration, the court may rule the prohibition of +residence for a period not exceeding (2) two years. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (115) +The court which has issued th e judgment may, upon the request of the Public Prosecution or +the convict, reduce the period adjudged according to the preceding Articles, exempt the +convict from the remaining period or change the places in which the measure is to be +enforced. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (116) +Probation means obligating a convict to comply with all or some of the following +restrictions, according to what is the determined by the judgment: +1. Not to change his place of residence, without the approval of the competent +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 38 + administrative authority, a nd if he has no place of residence, said authority shall specify +a place for him. +2. To present himself before the competent administrative authority at such periodic terms +as determined by said authority. +3. Not to visit the places specified by the judgment. +4. Not to leave his place of residence at night, except by permission of the competent +administrative authority. +In all cases, the rules that are prescribed by a resolution of the Minister of Interior in this +concern shall be applied. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (117) +If a perso n is sentenced to death or life imprisonment and special pardon is issued forfeiting +all or part of the penalty or replacing it by a milder penalty, he shall by force of the law and +for a period of (5) five years be subject to the probation restrictions st ipulated in Clauses (1, +2 and 4) of the preceding Article, unless the pardon decision stipulates otherwise. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (118) +If a person is sentenced to life or temporary imprisonment for a crime against the external or +internal security of the State, he sh all be put under probation for a period not exceeding (5) +five years. When imposing, in a felony, a penalty restricting freedom for a period exceeding +one year, the court may adjudge probation for a period not exceeding (5) five years and not +exceeding the period of the penalty. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (119) +The period of probation shall start as of the date specified by the judgment for its execution, +and in case of impossibility to enforce it, the date specified for its expiry shall not be +extended. + + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 39 + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (120) +The Public Prosecution shall supervise the execution of probation by virtue of periodical +reports to be submitted thereto every (3) three months at least, by the competent +administrative authority with respect to the conduct of the convict. The court who has +issued the judgment may, at the request of the convict or the Public Prosecution, amend the +restrictions of such probation or exempt from the convict from all or part of them after +hearing the opinion of the Public Prosecution. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (121) +Community se rvice is to obligate the convict to perform community service work, as +specified by a Cabinet resolution, in any of the institutions or establishments which are +designated by a resolution issued by the Minister of Justice in coordination with the +competent entities, or by a decision issued by the head of the local judicial authority. +Community service shall not be adjudged, except in penalties for misdemeanours and in lieu +of the penalty of incarceration that does not exceed six months or the penalty of fin e, +provided that the period of community service shall not exceed (3) three months. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (122) +The community service shall be performed in the entity or entities that the Public Prosecutor +or his deputy chooses as per the resolution referred to in Art icle (121) of this Law, in +coordination with said entity or entities and under the supervision of the Public Prosecution. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (123) +The entity in which the community service is performed shall submit a detailed report to the +Public Prosecution on the convict's performance, discipline and behaviour and the extent to +which he is committed to perform the service assigned thereto. + + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (124) +If the convict fails to meet the requirements of the performance of the community service, +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 40 + the court may, at th e request of the Public Prosecution, apply the penalty of incarceration for +a period identical to the community service period or order the completion of the remaining +period. The Public Prosecution may postpone the performance of the community service if +necessary, provided that the measures ensuring such performance shall be taken. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (125) +The community service shall be subject to the provisions of the Federal Criminal Procedure +Law. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (126) +If a foreigner is sentenced to a freedom -restric ting penalty in a felony, he shall be deported +from the State. +If a foreigner is sentenced to a freedom -restricting penalty in a misdemeanour, the court +may order to deport him from the State or order deportation instead of the +freedom -restricting penalty, unless the law stipulates otherwise. +Notwithstanding the provision of the preceding paragraph and any other provision in any +other law, a foreigner may not be sentenced to deportation if he, at the time of committing +the crime, is a spouse or a first -degr ee relative of a citizen, unless the sentence is issued on a +crime against the security of the State. + +Part Two +Measures Depriving of Rights and Material Measures +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (127) +Measures depriving rights and material measures are: +1. Forfeiture of tutorship, guardianship, curatorship or proxy relating to the absentee. +2. Prohibition to carry out a specific job. +3. Withdrawal of driving license. +4. Closure of premises. + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 41 + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (128) +Forfeiture of tutorship, guardianship, curatorship or proxy relating to an absentee, i s to +deprive the convict of exercising such power, whether it concerns the person or the funds. +Forfeiture shall be for the period determined by the court. +And the court may restrict forfeiture to only some of the powers resulting from tutorship, +guardians hip, curatorship or proxy relating to the absentee. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (129) +If the tutor, guardian, curator or proxy of an absent is convicted for a crime which he has +committed in violation of the duties of his authority, the court may order the forfeiture of his +tutorship, guardianship, curatorship or proxy relating to the absentee. +The forfeiture shall be mandatory if he commits a crime disqualifying him of being a tutor, +guardian, curator or proxy of the absentee. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (130) +Prohibition to carry out a job is the deprivation of the right to practise a profession, a craft or +an industrial or commercial activity of which practice requires a licence from the public +service authority. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (131) +If a person breaches the duties of his profession, craft, indu strial or commercial activity and +is sentenced for such violation to a penalty restricting his freedom for at least (6) six months, +the court may prohibit him from practising his job for a period not exceeding (2) two years. +However, if within the (5) five years subsequent to the issuance of a final prohibition +judgment, he commits the same crime again, the court must order the prohibition for a +period not less than one year and not exceeding (5) five years. +The prohibition period shall start as of the day on which the execution of penalty is +completed or forfeited for any reason. +Such a measure may suffice in lieu of the penalty originally prescribed for the crime. +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 42 + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (132) +Withdrawal of the driving licence shall result in suspending all effects of t he licence +previously granted to the convict during the period fixed by the court which shall not be less +than (3) three months or more than (2) two years. +Such a measure may also be ordered when imposing a freedom -restricting penalty for a +crime committed through mechanical transport means, in violation of the obligations +imposed by the law. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (133) +With the exception of the special cases in which the law stipulates closure, the court may, +upon prohibiting a person from practising his work accordin g to the provisions of Article +(131) of this Law, order that the closure of the premises in which he practises said work for a +period not less than one month and not exceeding one year. +Closure shall entail the prohibition to carry out the same work or tra de or industry in the +same premises, whether by the convict or through one of the members of his family or any +other person to whom the convict had leased or assigned the premises after he committed +the crime. But the prohibition shall not affect the owner of the premises or any other person +having an in -kind right thereto and having no connection with the crime. + +Chapter Two +General Provisions +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (134) +The measures stipulated in this section may not be applied to any person without proving +that he h as committed an act which deemed as a crime by the law, and that his case +necessitates the application of such measures to maintain the safety of the society. +The perpetrator shall be deemed to constitute a danger to the society if it appears from his +cond itions, past history, or behaviour, or from the circumstances and motives of the crime +that there is a serious probability that he might commit another crime. + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 43 + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (135) +Subject to the provisions of article (124) of this Law, any violation of the prov isions of the +sentence of a criminal measure shall be punished by incarceration for a period not +exceeding one year or by a fine not exceeding (5,000) five thousand AED. +The court may, in lieu of imposing the penalty prescribed in the preceding paragraph, extend +the period of the measure for a period not exceeding half of the sentenced period and shall +not, in any case, exceed (3) three years, or replace it by any of the other measures stipulated +in the preceding Chapter. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (136) +Measures stipulated in this section may not be subject to stay of execution. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (137) +Except for the measure of deportation, the court may, upon the request of the concerned +party or the Public Prosecution, order the termination of a measure which it had previously +ordered from amongst those stipulated in the preceding Articles, or the amendment of its +scope or may cancel said order at any time upon the request of the Public Prosecution. +If the request mentioned in the preceding paragraph is rejected, it may only be re newed after +at least (3) three months as of the date of rejection. + +Section Eight +Social Defence +Chapter One +Cases of Social Defence +Part One +Mental or Psychological Diseases +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (138) +If the act constituting a crime is committed by a person in a stat e of insanity or mental +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 44 + deficiency or psychological disease that made him completely incapable to control his +actions, the court shall order to place him in a therapeutical shelter, according to the cases +determined by a decision issued by the Minister of Justice after consultation with the +Minister of Health and Prevention. +The same measure shall be applied to the person who is afflicted by any of said states after +issuing the judgment. + +Part Two +Habitual Delinquency +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (139) +When there is recidivism , according to either of Articles (108) or (109), the court may, in lieu +of imposing the penalty prescribed therefor, decide to deem the recidivist as a habitual +criminal, and order, in such a case, to place him in one of the Labour Establishments to be +specified by a resolution issued by the Minister of Justice after coordination with the +competent entities. +If a recidivist commits a felony after he had been previously sentenced to one of the two +penalties stipulated in Articles (108) and (109), the court may, in lieu of imposing the +penalties prescribed therefor, decide to deem the recidivist as a habitual criminal, and order, +in such a case, to place him in one of the Labour Establishments. + +Part Three +Social Danger +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (140) +A person shall constitut e a social danger if he suffers insanity, mental deficiency or +psychological disease which makes him incapable to control his actions, in such a way that +endangers his own safety or the safety of other, , in which case he shall be placed in a special +thera peutical shelter by virtue of an order to be issued by the competent court upon the +request of the Public Prosecution. + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 45 + Chapter Two +Measures of Social Defence +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (141) +Measures of social defence are: +1. Placement in a therapeutical shelter . +2. Placement in any of the Labour Establishments. +3. Probation. +4. Obligation to reside in home of origin. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (142) +The person sentenced to placement in a therapeutical shelter shall be sent to a health +institution designated for that purpose, where he shall receive the due care required by his +condition. +Health institutions shall be determined by a resolution issued by the Minister of Health and +Prevention by mutual agreement with the Minister of Justice. +If judgment of placement in a therapeutical shelter is issued, th e medical reports regarding +the condition of the convict must be periodically submitted to the competent court at least +every (6) six months, and the court may, after consultation with the Public Prosecution, +order the release of the convict if his conditi on so permits. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (143) +In the case where the law requires the placement of the convict in any of the Labour +Establishments, the court shall rule the same with no need to specify the period of +placement in its judgment. +The administrators of such la bour establishment are required to prepare periodical reports +about the condition of the convict and submit them, within periods not exceeding (6) six +months each, to the competent Court through the Public Prosecution. The court may, after +consultation wit h the Public Prosecution, order the release of the convict if it finds that his +condition has improved. +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 46 + The period of placement may not, with regard to habitual criminals, exceed (5) five years for +misdemeanours and (10) ten years for felonies. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (144) +The provisions of article (116) shall apply to the probation stipulated in this Part, provided +that the probation period shall not exceed (3) three years. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (145) +Obligation to reside in home of origin is to send the individual back to his hom e where he +was residing before he moved to the place where it was proved that he constitutes social +danger, for a period not less than (6) six months and not exceeding (3) three years. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (146) +In the event violating the measures provisions stipulat ed in this Part, the court may order +extension of the measure for a period not exceeding half of the period previously adjudged. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (147) +Measures of social defence may not be subject to stay of execution. + +Section Nine +General Pardon, Remission Fr om Penalty and Judicial Pardon +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (148) +General pardon for a certain crime or certain crimes shall be issued by virtue of a law and it +entails the forfeiture of the criminal action or the deletion of the conviction judgment issued +thereon, and deeming such crimes or crime as non -existent, and the forfeiture of all principal +and ancillary penalties as well as the criminal measures, but it shall have no effect on any +previously executed penalties and criminal measures. + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 47 + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (149) +If a law is promulgat ed granting general pardon for part of the penalties imposed, it shall be +considered a special pardon and the provisions stipulated for the latter shall apply thereto. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (150) +The special pardon shall be granted by virtue of decree that includes th e forfeiture of all, or +part of the penalty imposed by a Federal Judicial Authority, or the replacement thereof with +a milder penalty prescribed by law. +The special pardon shall not forfeit the ancillary punishments, other criminal consequences +or criminal measures unless the decree stipulates otherwise. +The special pardon shall have no effect with regard to the previously executed penalties. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (151) +Forfeiture of the penalty or criminal measure by special pardon shall be considered as if +executed. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (152) +In addition to the events stipulated by a special provision, the judge may pardon the +perpetrator in misdemeanours, in any of the following events: +1. If the perpetrator has not completed (21) twenty -one years of age at the time of +committing the crime and has not been convicted in another crime. +2. If the misdemeanour is a crime of libel or battery and the assault is reciprocated, or if the +assault is minor and the victim waives his personal right. +In the event of pardon, the judge may give such advice and guidance to the perpetrator as he +deems fit, and shall warn him that he shall not benefit from a new pardon in the future. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (153) +The pardon, whatever its type, shall be without prejudice to the rights of the litigants or third +parties. +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 48 + Book Two +Crimes and their Penalties +Section One +Crimes Against the Security and Interests of the State +Chapter One +Crimes Against the External Security of the State +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (154) +Every citizen who, in any manner, joins the armed forces or security autho rities of a country +that is hostile to the State or at war therewith, or joins an armed force of a group that is +hostile to the State or aims to prejudice the security of the State, shall be punished by death. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (155) +Any person who deliberately co mmits an act that leads to affecting the State's sovereignty, +independence, unity or the integrity of its territories shall be punished by death or life +imprisonment. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (156) +Any person who carries arms against the State or attempts or instigates t o do the same shall +be punished by death or life imprisonment. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (157) +The following shall be punished by death: +1. Anyone who interferes, for the interest of an enemy or a country or group that is hostile +or aims to prejudice the security of the Stat e, in a plan to shake the loyalty of the armed +forces, or to weaken their morale or resistance. +2. Anyone who, at the time of war, instigates members of the armed forces, the police or +security authorities to join the service of any country or group that is h ostile or aims to +prejudice the security of the State, or facilitates such an action for them. +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 49 + 3. Anyone who, deliberately and in any manner interferes in recruiting members of the +armed forces, the police officers, the security authorities, or other men, or gathering +funds, supplies, equipment, or arranging any such things for the benefit of a country +which is at war with the State or for the benefit of a group that is hostile or aims to +prejudice the security of the State. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (158) +The death penalty s hall be imposed on anyone who facilitates to an enemy, a country or +group that is hostile or aims to prejudice the security of the State, the entry to the State's +territory, or gives them a part of its lands, cities, or ports, or a fortress, establishment, site, +store, factory, ship, airplane, or any means of transport, or arms, ammunitions, explosives, or +military supplies or equipment, or any of the things prepared for defence or used in +connection therewith. +The penalty shall be life imprisonment if the persons stated in the preceding paragraph are +given supplies, foods, or any of the things prepared for defence or used in connection +therewith. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (159) +The death penalty shall be imposed on anyone who deliberately helps an enemy, a country +or group that is hostile or aims to prejudice the security of the State by transmitting +information thereto or acting as guide thereof. +Life imprisonment shall be imposed on any person who offers a service to anyone of those +stated in the preceding paragraph to ob tain a benefit, interest, or a promise thereof for +himself or for a person appointed thereby for that purpose, whether directly or indirectly, +and whether the benefit or interest is material or non -material. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (160) +Life imprisonment shall be impos ed on anyone who knowingly helps or aids a prisoner of +war, a detained enemy soldier, citizen or agent, or a member of a group that is hostile or +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 50 + aims to prejudice the security of the State, or provides shelter, food, clothes, means of +transport or any oth er form of assistance to anyone of them or hides them after escaping +from detention. +The same penalty shall be imposed if the person who assists or aids resists the authorities +that attempt to re -arrest anyone of the aforementioned persons. The penalty sha ll be death +if such resistance results in the demise of someone. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (161) +Life imprisonment shall be imposed on any public servant, entrusted with guarding a war +prisoner or any of the enemy's detained citizens or agents, who deliberately facilitate s their +escape from detention. +The penalty shall be imprisonment for a period not less than (3) three years and not +exceeding (5) five years if the act occurs as a result of negligence in guarding. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (162) +The death penalty shall be imposed on anyo ne who seeks to collaborate with a foreign +country or a group that is hostile or aims to prejudice the security of the State or anyone +who works for their interest, or communicates with anyone of them to assist in their war +operations or to jeopardize the war operations of the State. +Life imprisonment shall be imposed on anyone who seeks to collaborate with the persons +stated in the preceding paragraph, or anyone who works for their benefit, or who +communicates with any of them to carry out hostile activiti es against the State. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (163) +Life imprisonment shall be imposed on anyone who, during peace time, commits any of the +following acts: +1. Seeking to collaborate with a foreign country, or anyone who works for its benefit or +communicating with anyone of them, in order to prejudice the State's military, political +or economic position. +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 51 + 2. Deliberate destruction, concealing, embezzlement, or forgery of papers or documents, +knowing that they are related to the security of the State or any other national interes t. +3. Seeking to recruit or recruiting persons for the benefit of a foreign country or a group +that is hostile or aims to prejudice the security of the State, or to any of the persons +working for its benefit. +The penalty shall be death if the crime occurs dur ing war time or for the purpose of causing +damage to the State's military, political or economic position, or for the purpose of causing +damage to its national interest, or if the crime is committed by a public servant or by a +person entrusted with a publi c service + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (164) +Life imprisonment shall be imposed on any person who has been entrusted with negotiating +with a foreign government or an international organization concerning any of the State's +affairs, but deliberately conducts such negotiations against the State's interests. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (165) +Whoever requests, accepts, or takes for himself or for another person, even through an +intermediary, from a foreign country or a group that aims to prejudice the security of the +State or from anyone who works for its benefit, a gift, grant or advantage of any kind, or has +been promised any such things with the intention to commit a harmful act against a national +interest, shall be punished by life imprisonment. +The same penalty shall be imposed on anyone who g ives, promises or offers any of the +aforementioned things with the intention to commit a harmful act against a national +interest, even if what he gives, promises or offers is not accepted. +The same penalty shall be imposed on anyone who mediates in committ ing any of the +crimes listed in this Article. +If the request, acceptance, promise, offer or mediation is in writing, the crime shall become +fully perpetrated upon dispatching the letter or sending it by any other means. + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 52 + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (166) +The death or life impr isonment penalty shall be imposed on anyone who delivers or +discloses, in any manner or through any means, to a foreign country or a group that is hostile +or aims to prejudice the security of the State or to any of the persons working for their +benefit, a secret related to the State's defence, or if, by any means, he has obtained any such +secrets for the purpose of delivering or disclosing them to a foreign country or a group that is +hostile or aims to prejudice the security of the State or to any of the pe rsons working for +their benefit, as well as anyone who destroys for their benefit a thing which is considered to +be a secret of the State's defence, or if he makes it unfit for use. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (167) +Life imprisonment shall be imposed on any public servant o r any person entrusted with a +public service, who discloses any of the State's defence secrets entrusted thereto. +The penalty shall be death if the crime occurs during war time. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (168) +Life imprisonment shall be imposed on: +1. Anyone who, through any unlawful means, seeks to obtain one of the State's defence +secrets and does not intend to deliver or disclose it to a foreign country or a group that is +hostile or aims to prejudice the security of the State, or to any of the persons working for +their ben efit. +2. Anyone who, by any means, discloses one of the State's defence secrets. +3. Anyone who plans or uses any means of communication, information technology or any +other means with the intention to obtain, deliver or disclose any of the State's defence +secret s. +4. Anyone who possesses or keeps without a licence or permission any written papers, +publications, recordings, data or information that contain any of the State's defence +secrets, or keeps or possesses them for the purpose of obtaining a private benefit. +The penalty shall be death if the crime occurs during war time. +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 53 + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (169) +Life imprisonment shall be imposed on anyone who deliberately destroys, impairs or +disrupts down a weapon, ship, airplane, equipment, establishment, means of transport, +public uti lity, ammunition, supplies, medicines, or other things which are prepared for the +State's defence or used in connection therewith. +The same penalty shall be imposed upon anyone who deliberately mis -manufactures or +mis-repairs any of the things stated in th e preceding paragraph, as well as anyone who +deliberately acts in a manner that makes them unfit for their intended use, even temporarily, +or results in damage. +The penalty shall be death if the crime occurs during war time. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (170) +Whoever, person ally or through an intermediary, during war time, whether directly or +through another country, exports goods or products or other items from the State to a +hostile country, or imports any such materials from such a country, shall be punished by +imprisonmen t for a period not less than (10) ten years and not exceeding (25) twenty -five +years and by a fine not exceeding double the value of the things exported or imported, +provided that it not be less than (1,000,000) one million AED. +The things subject of the c rime shall be confiscated, and if not seized, the perpetrator shall +be ordered to pay an additional fine equivalent to the value of such things. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (171) +A penalty of imprisonment for a period not less than (10) ten years and not exceeding (25) +twen ty-five years and a fine equivalent to double the value of the act subject of the crime +and not less than (1,000,000) one million AED shall be imposed on anyone who, during war +time, either by himself or through mediation, directly or indirectly engages in any of the +commercial activities which are not mentioned in article (170) of this Chapter with the +citizens of a hostile country. The things subject of the crime shall be confiscated, and if not +seized, the perpetrator shall be ordered to pay an additiona l fine equivalent to the value of +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 54 + such things. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (172) +A penalty of imprisonment for a period not less than (10) ten years and not exceeding (25) +twenty -five years shall be imposed on anyone who deliberately, during war time, fails to +perform all o r some of the obligations imposed thereon by a contract for undertaking a job, +transport, supply, obligations or public works or any other contracts which he has concluded +with the government, for the requirements of the armed forces, or for protection of civilians, +or for supplying them or if he commits an act of fraud in the performance thereof. +If the crime is committed with the intention of jeopardizing the defence of the State or the +operations of the armed forces, the penalty shall be death or life im prisonment. +The provision of the preceding two paragraphs shall apply to subcontractors, agents and +brokers if the failure to perform the obligation or the commission of fraud in performance +thereof is due to their acts. +In all cases, the perpetrator shall be punished by a fine equivalent to the value of damages +caused to the funds or interests of the State, provided that it is not less than double the value +of the profit achieved from such default or fraud. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (173) +If one of the acts stipulated in Articles (169) and (172) of this Chapter is caused by +negligence or dereliction, the penalty shall be imprisonment for a period not less than (3) +three years and not exceeding (5) five years and a fine not less than (100,000) one hundred +thousand AED and n ot exceeding the value of damages caused to the funds or interests of +the State as a result of such negligence or dereliction. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (174) +A penalty of life imprisonment shall be imposed on anyone who deliberately commits any +act against a foreign coun try which harms political relations or exposes the State's civilians, +employees, funds or interests to the danger of vengeance acts. +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 55 + If such an act leads to the occurrence of what is stated in this Article, the penalty shall be +death. +If the act stipulated in the first paragraph of this Article occurred by writing, speech, drawing, +declaration, or any information technology or media means, the penalty shall be +imprisonment for a period not less than (5) five years and a fine not less than (100,000) one +hund red thousand AED. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (175) +The death penalty shall be imposed on whoever, during war time, deliberately announces +false or tendentious news, statements or rumours, or deliberately circulates inflammatory +propaganda causing damage to the military pre parations of the State's defence or to the +military operations of the armed forces, or inciting panic among people, or weakening the +morale of the State. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (176) +A penalty of imprisonment for a period not less than (6) six months and not exceeding (5) +five years and/or a fine not less than (100,000) one hundred thousand AED shall be +imposed on: +1. Anyone who flies over areas of the State's territories in violation of the prohibition issued +by the competent authorities. Flying with an unmanned aircraft shall be deemed flying. +2. Anyone who photographs or makes drawings or maps or coordinates of sites or places +contrary to the prohibition issued by the competent authorities. +3. Anyone who enters without permission from the competent authorities into a fortress, a +defence establishment, camp, an oil installation, a place where armed forces have +camped or settled, a military or commercial vessel, aircraft, military vehicle, or military +place, or a place or factory in which any activity is being carried out for the benefit of the +State's defence, if such a place is out of bounds to the public. +4. Anyone who is found in any place in which residence or presence is prohibited by the +military authorities. +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 56 + If the crime is committed during war time, or by using any means of deception, fraud, +disguise or concealment of identity, nationality, profession or capacity, the penalty shall be +temporary imprisonment for a period not exceeding (5) five years, and in cases where these +two circumstances coexist, the penalty shall be temp orary imprisonment. +Attempt to commit the misdemeanours stipulated in this Article shall be punished by +incarceration or a fine. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (177) +A penalty of life imprisonment shall be imposed on whoever publishes, announces, or +delivers to a foreign count ry or any group seeking to prejudice the security of the State or to +anyone working for their benefit, in any way or manner and by any means, news, +information, items, correspondence, documents, maps, drawings, pictures, coordinates or +other things related to government departments or any of the authorities stated in article (5) +of this Law, provided that publication or announcement of such things is prohibited by the +competent authority. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (178) +A penalty of temporary imprisonment shall be imposed on whoever collects, without +authorization from the competent authority, information, data, objects, documents, designs, +statistics, or others for the purpose of delivering them to a foreign country, group, +organization, entity or other, whatever its name or form, or to anyone working for their +benefit. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (179) +The following shall be deemed secrets of the State's defence: +1. Military, political, economic, industrial, scientific and security information related to +social security or other information kn own only, due to their nature, to persons ex +officio, and which the interest of the State requires that it remain secret to other than +those persons. +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 57 + 2. Correspondence, papers, documents, drawings, maps, designs, photos, coordinates and +other matters of which disclosure may lead to divulging information referred to in the +preceding paragraph, and which the interest of the State requires that they remain secret +to persons other than those who are assigned to preserve or use them. +3. News and information related to the Armed Forces, the Ministry of Interior and security +agencies and their formations, movements, equipment, logistics, personnel and other +things affecting military affairs and war and security plans, unless a written permission is +issued by the competen t authority to publish or broadcast the same. +4. News and information related to measures and procedures adopted to detect the crimes +stipulated in this Chapter and arrest perpetrators, as well as the news and information +related to the investigation and tria l proceedings if the broadcasting thereof is prohibited +by the investigation authority or the competent court. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (180) +If the perpetrator commits any of the crimes stipulated in Articles (162, 163/ Paragraph (1)/ +Clause (1) and Paragraph (2), 165, 166, 175 and 177) of this Chapter with a foreign group or +organization or any other entity irrespective of its name, or with someone who works for its +benefit, he shall be punished by the penalty prescribed for such crime. + +Chapter Two +Crimes Against the Internal Security of the State +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (181) +The death penalty shall be imposed on anyone who tries or attempts by force to overthrow +or seize the government system. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (182) +The death penalty shall be imposed on anyone who tries to commit acts of a ggression +against the safety of the President or against his freedom, or deliberately endangers his life +or freedom. The same penalty shall be imposed if such crime is executed or attempted. +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 58 + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (183) +A penalty of imprisonment for a period not less t han (15) fifteen years and not exceeding +(25) twenty -five years and a fine shall be imposed on anyone who mocks, insults, or +damages the reputation or dignity or position of the President. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (184) +A penalty of imprisonment for a period not exceedin g (5) five years and a fine not less than +(500,000) five hundred thousand AED shall be imposed on whoever mocks at or insults or +damages the reputation or dignity or position of the State, any of its authorities or +establishments or founding leaders, its f lag or national emblem or anthem, or any of its +national idols. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (185) +The penalty of life imprisonment shall be imposed on anyone who resorts to violence, threat +or any other illicit means, in order to compel the President of the State to exercis e or refrain +from exercising any of the powers vested therein him by law. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (186) +The penalty of life imprisonment shall be imposed on anyone who resorts to violence, threat +or any other illicit means, in order to compel the prime minister, his dep uty, any of the +ministers, the Chairman of the Federal National Council or any of its members or any of the +members of the judicial authority to exercise or refrain from exercising any of the powers +vested therein by law. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (187) +The death penalty shall be imposed on anyone who tries or attempts to commit or commit +an act of aggression against the safety or freedom of the president of a foreign country. +Legal action in crimes stipulated in this Article shall only be filed by the Public Prosecutor. + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 59 + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (188) +The death penalty or life imprisonment shall be imposed on whoever establishes, founds, +organizes, administers, leads or joins any association, entity, organization, formation, group, +gang or any branch thereof, whatever is the name or form th ereof, aiming at or calling for +overthrowing or seizing the regime, disrupting the application of the provisions of the +Constitution or the laws, contradicting the basic principles on which the regime is based, +preventing any of the State institutions or p ublic authorities from conducting their business, +violating the personal freedom of citizens or any other public rights and freedoms granted +by the Constitution or the law, or harming the national unity or social peace. +The same penalty shall be imposed on whoever cooperates with any of the associations, +corporations, organizations or formations stated in the first paragraph of this Article or +participates therein in any manner or provides them with financial or material support +knowing their purposes. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (189) +A penalty of imprisonment for a period not less than (15) fifteen years and not exceeding +(25) twenty -five years shall be imposed on whoever propagates verbally or in writing or in +any other means, any of the acts stated in article (188) of thi s Chapter. +The same penalty shall be imposed on whoever, personally or through an intermediary, +possesses or acquires documents, printed materials, or records comprising propagation or +advocacy of any of the things stipulated in the first paragraph, if the y are prepared for +distribution or for access by third parties, and whoever possesses or acquires any method of +printing, recording or publicizing which is used or prepared for use, even temporarily, for +printing, recording or broadcasting any of the foreg oing. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (190) +The death penalty or life imprisonment shall be imposed on whoever establishes, founds, +organizes, administers or joins any association, entity, organization, formation, group or +gang or any branch thereof, whatever is the name or for m thereof, aiming or seeking or +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 60 + working to prejudice the safety or interests of the State. +The same penalty shall be imposed on whoever cooperates, in any manner, with any of the +associations, corporations, organizations or formations stated in the first p aragraph of this +Article or provides them with financial or material support knowing their purposes. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (191) +A penalty of imprisonment for a period not less than (5) five years shall be imposed on +whoever collects, obtains or receives funds, direct ly or indirectly, from inside or outside the +State, in order to achieve any of the purposes stipulated in Articles (188), (189) and (190) of +this Law. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (192) +A penalty of imprisonment for a period not less than (5) five years shall be imposed on +whoever engages in an activity for the purpose of teaching or providing guidance or training +to implement the objectives stipulated in Articles (188), (189), (190) of this Law, whether +directly or through an information technology means. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (193) +A p enalty of temporary imprisonment and a fine not less than (200,000) two hundred +thousand AED, shall be imposed on whoever establishes, founds, organizes or manages a +worship or religious teaching venue in the State without a licence from the competent +auth orities. +If any of the acts mentioned in the first paragraph harms the national unity or the social +peace or the public interest, this shall be deemed to be an aggravating circumstance. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (194) +A penalty of temporary imprisonment and a fine not les s than (200,000) two hundred +thousand AED shall be imposed on whoever establishes, founds, organizes or runs, without +licence, an association entity or organization or a branch thereof, of any kind, in the State, for +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 61 + illicit purposes. +A penalty of temporar y imprisonment for a period not less than (5) five years and a fine not +less than (300,000) three hundred thousand AED shall be imposed if the licence is issued +based on false data. +A penalty of temporary imprisonment and a fine not less than (200,000) two hundred +thousand AED shall be imposed on whoever joins an association, entity or organization or a +branch thereof from among what is stated in the first paragraph of this Article knowing the +illicit purpose thereof or the fact that it is not licensed. +A penalty of imprisonment for a period not exceeding (10) ten years shall be imposed on +whoever cooperates with an association entity or organization or branch thereof from +among what is stated in the first paragraph of this Article knowing the illicit purpos e thereof +or the fact that it is not licensed. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (195) +In cases stated in Articles (188), (189), (190) and (193) of this Law, the court shall order the +dissolution of the associations, entities, organizations or branches or venues mentioned +therein , and the closure of their premises. +In all cases, the court shall order the confiscation of cash, effects, papers, tools and other +things which have been used in committing the crime, or which are found in the places +designated for the meetings of said as sociations, entities or organizations, or their branches +or venues. +It shall also order the confiscation of all funds which apparently form part of the convicts' +property if there is sufficient evidence or presumptions proving that such funds are, in fact, a +source designated for spending on said associations, entities, organizations or branches or +venues. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (196) +A penalty of imprisonment for a period not less than (10) ten years and a fine not exceeding +(500,000) five hundred thousand AED shall be imposed on anyone who exploits religion to +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 62 + propagate verbally, by writing or any other means such ideas that may incite commotion or +harm the national unity or social peace. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (197) +A penalty of life imprisonment shall be imposed on anyone who, fo r criminal purposes, +unlawfully and without any assignment from the Government, assumes the command of a +unit or division of the army or police, part of a fleet, a military ship or aircraft, a military or +police post, or a harbour or a city. +The same penal ty shall be imposed on whoever, in spite of being ordered by the +Government, remains in any military or security command whatever, an on any head of any +military or security force who maintains such a force in spite of being ordered by the +Government to di scharge it. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (198) +A penalty of life imprisonment shall be imposed on anyone having the right to command +members of the armed forces or the ministry of interior or security bodies, who requests or +instructs them to disobey the orders of the govern ment, if it is for a criminal purpose. +If the crime results in obstructing the execution of the Government's orders, the penalty shall +be death. Subordinate warrant officers or troop commanders, who have obeyed him +knowing his criminal intention, shall be punished by temporary imprisonment for a period +not less than (15) fifteen years and not exceeding (25) twenty -five years. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (199) +A penalty of life or temporary imprisonment shall be imposed on whoever instigates +members of the armed forces or pol icemen or security bodies to disobey orders or to +abandon the performance of their military, security or police duties. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (200) +The death penalty or life imprisonment shall be imposed on anyone who forms a gang that +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 63 + attacks a group of residents, or resists with arms the public authority officers, in order to +hinder the enforcement of the laws; and on anyone who becomes leader of such a gang or +occupies any leading position therein. +As for any person who joins such gang but has neither participated i n its formation nor in its +leadership, he shall be punished with life or temporary imprisonment. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (201) +The death penalty or life imprisonment shall be imposed on anyone who appoints himself +leader of an armed gang, occupies a leading position the rein, manages its operations or +organizes it for the purpose of usurping or plundering lands or funds owned by the State or +by a group of people, or for the purpose of resisting the military force ordered to pursue the +perpetrators of such crimes. Other me mbers of such a gang shall be punished by life or +temporary imprisonment. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (202) +A penalty of life or temporary imprisonment shall be imposed on anyone who brings or +gives to the gang mentioned in the preceding Article, weapons, ammunition or equi pment as +an aid for achieving its objective with full knowledge thereof; provides supplies or raise +funds thereto, or takes part in criminal communications, in any manner whatsoever, with +the leaders or managers of said gang, and also anyone who provides l odging, shelter or +meeting places for them, while he is fully aware of their purpose and identity. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (203) +A penalty of life or temporary imprisonment shall be imposed on anyone who tries to +occupy by force any of the buildings which are public or designated for governmental +departments or any of the authorities stated in article (5) of this Law. +If the crime is committed by an armed gang, the person who has formed the gang, assumed +its leadership or occupied any leading position therein shall be pu nished by death or life +imprisonment. +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 64 + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (204) +Incarceration shall be imposed on anyone who deliberately damages public buildings or +properties, or properties designated for governmental departments, or any of the authorities +stated in article (5) of this Law. +The penalty shall be imprisonment for a period not exceeding (5) five years if the crime leads +to disruption of a public utility or public benefit services, or if it endangers the life, health or +safety of the people. +The penalty shall be life im prisonment if the crime occurs at a time of turmoil or commotion, +or for the purpose of provoking panic or chaos among people. +In all cases, the perpetrator shall pay the value of the thing damaged thereby. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (205) +A penalty of life or temporary im prisonment shall be imposed on anyone who, without +authorization, manufactures or imports explosives; and a penalty of temporary +imprisonment shall be imposed on anyone who, without authorization, possesses or +acquires explosives. +Explosives include any su bstance included in their composition and which shall be +determined by a resolution of the competent minister, as well as any equipment, machines +or tools used in their manufacturing or explosion. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (206) +The death penalty shall be imposed on anyon e who uses explosives in committing any of +the crimes stipulated in Articles (203) and (204) of this Law. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (207) +A penalty of temporary imprisonment shall be imposed on anyone who deliberately uses or +attempts to use explosives in a manner that wo uld endanger people's life. + + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 65 + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (208) +A penalty of imprisonment for a period of not less than (5) five years shall be imposed on +whoever deliberately uses or imports weapons, ammunitions, explosives or military +equipment, or attempts to do so in mann er that endangers the funds of other people. +If the explosive causes grave damage to such funds, this shall be deemed to be an +aggravating circumstance. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (209) +A penalty of incarceration and a fine not less than (100,000) one hundred thousand AED +and not exceeding (500,000) five hundred thousand AED shall be imposed on whoever +instigates others to not comply with the laws or commended a matter which is considered a +crime. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (210) +A penalty of imprisonment for a period not less than one year and a fine not less than +(100,000) one hundred thousand AED shall be imposed on any individual who participates +in a gathering of at least five people in a public place with the intention of rioting, preventing +or disrupting the implementation of laws and regulations, or in manner that would prejudice +the public security, if he remains in the gathering after being ordered by one of the +authority's officers men to disperse and leave. +The penalty shall be imprisonment for a period not less than (3) three yea rs and a fine not +exceeding (200,000) two hundred thousand AED, if he wears masks or covers to hide his +face with the intention of committing a crime during the gathering. +The penalty shall be imprisonment for a period not less than (5) five years if such gathering +results in rioting, disturbing public peace or security, impeding production, disrupting the +interests of individuals, harming them, exposing them to danger, preventing them from +exercising their rights, obstructing traffic, assaulting lives, or public or private property or +endangering them. +The penalty shall be imprisonment for a period not less than (10) ten years if one or more +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 66 + persons within the gathering carry visible or concealed weapons, even if they are authorized +to carry such weapons. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (211) +A penalty of imprisonment for a period not less than (10) ten years shall be imposed on +anyone who offers, gives or obtains cash or any benefit to organize a gathering with the +intention of committing any of the acts stipulated in the preced ing Article, or mediates in the +same. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (212) +A penalty of life imprisonment shall be imposed on anyone who calls for, propagates in any +other means, leads, a gathering in a public place or involves in managing its movement, with +the intention of c ommitting riots, preventing or disrupting the implementation of laws and +regulations, or disturbing public security, even if his call is not accepted. The same penalty +shall be imposed on anyone who instigates to do the same. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (213) +In the cases s tipulated in Articles (210) and (211) of this Law, the court shall order to +confiscate the weapons, funds and items used in the crime. If it is not possible to seize any of +them, the court shall impose a fine equivalent to their value, without prejudice to the rights +of bona fide third parties. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (214) +The provisions stipulated in Articles (210), (211), (212) and (213) of this Law shall apply to +every march or parade which has been organized for the same purpose or has achieved the +same result. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (215) +A penalty of temporary imprisonment shall be imposed on whoever uses any means of +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 67 + communication or information technology or any other means to publish information or +news or incites acts that may endanger the security of the State or harm the public order. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (216) +A penalty of temporary imprisonment and a fine not less than (200,000) two hundred +thousand AED and not exceeding (500,000) five hundred thousand AED shall be imposed +on anyone who instigates the hatred or contempt of a sect o f people if such instigation leads +to disturbance of public security. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (217) +A penalty of imprisonment for a period not less than one year and a fine not less than +(100,000) one hundred thousand AED shall be imposed on anyone who broadcasts or +pub lishes false or tendentious news, statements or rumours, or circulates inflammatory +propaganda that would: +1. Disturb the public security or cause panic among people. +2. Inflict harm to the public interest. +3. Incite or antagonize the public opinion. +The penalty sh all be imprisonment for a period not less than (2) two years and a fine not +exceeding (200,000) two hundred thousand AED, if any of the acts mentioned in the first +paragraph result in inciting or antagonizing the public opinion against one of the state +authorities or institutions. +The same penalty stipulated in the first paragraph of this Article shall be imposed on +whoever personally or through an intermediary, possesses or acquires documents, printed +materials, or records, whatever is their kind, comprisi ng any of the things listed in the first +paragraph, if they are prepared for distribution or for access by third parties, and whoever +possesses or acquires any method of printing, recording or publicizing used or prepared for +use, even temporarily, for pri nting, recording or broadcasting any of the foregoing. +The penalty shall be temporary imprisonment if the perpetrator is a member of the Armed +Forces, Ministry of Interior or security bodies, or if the acts mentioned in the preceding two +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 68 + paragraphs take pl ace in worship venues or places pertaining to the Armed Forces, Ministry +of Interior or security bodies. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (218) +The Court may rule the death penalty for any felony stipulated in this Chapter, if it is +committed during war time, for the purpose of assisting the enemy or harming the military +operations of the Armed Forces, and if it has effectively fulfilled the intended objective. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (219) +A penalty of imprisonment for a period not less than one year and a fine shall be imposed on +whoever giv es a fatwah that prejudices the public order or endangers a person's life or +security, safety or freedom. +The penalty shall be temporary imprisonment if the fatwah results in any kind of harm. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (220) +A penalty of life or temporary imprisonment sha ll be imposed on any citizen who +participates, without permission from the competent entities, in an international or local +armed conflict. +Temporary imprisonment shall be inflicted on whoever instigates, calls for, propagates or +facilitates, without permi ssion from the competent entities, the participation in an +international or local armed conflict. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (221) +A penalty of incarceration and a fine shall be imposed on any citizen who violates the +prohibition issued by the competent entities in the Sta te concerning entering or staying in +another country. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (222) +A penalty of temporary imprisonment shall be imposed on whoever announces by any +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 69 + means of publicity his hostility towards the State or the regime or his disloyalty to the +leaders thereof . + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (223) +A penalty of temporary imprisonment and a fine of not less than (500,000) five hundred +thousand AED and not exceeding (2,000,000) two million AED shall be imposed on +whoever violates the instructions issued by the concerned authorities in the State regarding +the implementation of United Nations' Security Council resolutions regarding the +imposition of international penalties on countries. + +Chapter Three +Provisions Pertaining to Crimes Against External and Internal Security of the +State +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (224) +The provisions of this Chapter shall apply to the crimes stipulated in Chapters One and Two +of Section One of Book Two of this Law, and the crimes against the State's internal or +external security stipulated in other laws. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (225) +The p rovisions of Articles (97), (98) and (99) of this Law may not be applied upon issuing a +judgment of conviction in one of the crimes against the State's internal or external security, +with the exception of the felonies punishable by death or life imprisonme nt, where the +death penalty may be reduced to life imprisonment and the life imprisonment may be +reduced to temporary imprisonment for a period not less than (10) ten years. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (226) +Every judgment of conviction in a crime against the State's intern al or external security shall +necessitate the deportation of the foreigner convict after the completion of the adjudged +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 70 + penalty. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (227) +1. The criminal action with respect to crimes against the State's internal or external security +shall not expire u pon the lapse of the term. +2. The penalty adjudged in crimes against the State's internal or external security shall not +forfeit unless by the complete execution or general pardon or special pardon. +3. The freedom -restricting penalties adjudged in a crime agains t the State's internal or +external security shall not be subject to the early release stipulated in the applicable +Penal Establishments and Institutions Law or any other legislation. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (228) +Notwithstanding the provisions of article (225), the cour t shall adjudicate, at the request of +the Public Prosecutor or sua sponte, to extenuate the penalty or replace it with a fine not less +than (100,000) one hundred thousand AED and not exceeding (10,000,000) ten million +AED, or to exempt therefrom, for the p erpetrator who provides information to judicial or +administrative authorities on any crime against the State's external or internal security, or on +crimes considered by other penal codes to be against the security of the State, whenever this +leads to disco vering such crimes or their perpetrators, or to convicting them there or to +arresting one of them. +The Public Prosecutor may solely and exclusively request that the court hearing the case to +apply the preceding paragraph to cases other than those stipulate d therein if the request is +related to State's sovereign interest or any other national interest. If a judgment is issued on +the action, the Public Prosecutor may submit the request to the court that issued judgment, +before or during the execution thereof. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (229) +If a person commits a number of crimes against the State's internal or external security +before convicting him in one of them, and none of such crimes meets the conditions +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 71 + stipulated in Articles (88) and (89) of this Law, the penalty presc ribed for each of these +crimes shall be imposed and all the penalties shall be executed consecutively provided that +the total period of the temporary imprisonment alone, or the total period of the temporary +imprisonment and the incarceration collectively d oes not exceed (40) forty years and that +the periods of incarceration do not exceed, in all cases, (20) twenty years. +In the event of different penalties, the temporary imprisonment shall be executed first, +followed by the incarceration penalty. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (230) +Life imprisonment penalty adjudged in one of the crimes against the State's external or +internal security shall override the temporary imprisonment and incarceration penalties. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (231) +Any of the following shall be punished as an accomplice b y causation in crimes against the +State's external or internal security: +1. Anyone who knows the intentions of the perpetrator and provides him with assistance, +means of subsistence, a place of residence, a shelter, a place for meeting or any other +facilities , and anyone who carries the perpetrator's messages or facilitates the search for +the subject of the crime or concealing, transporting or communicating it. +2. Anyone who knowingly conceals the things which are used or prepared to be used in +committing the cri me or which results from the crime. +3. Anyone who destroys, embezzles, conceals or deliberately change a document that can +facilitate the discovery of the crime or the evidence thereof or the punishment of its +perpetrator. +The court may, in the previous cases , exempt the perpetrator's relatives and in -laws up to +the fourth degree, if they are not punishable by another provision of the law. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (232) +A penalty of temporary imprisonment for a period not less (10) ten years shall be imposed +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 72 + on whoever parti cipates in a criminal agreement, whether for the purpose of committing +one of the crimes against the State's external or internal security or uses them as a means for +achieving the intended objective of the criminal agreement. +A penalty of life imprisonmen t shall be imposed on whoever runs such an agreement. +A penalty of temporary imprisonment shall be imposed on whoever invites another person +to join such an agreement and his invitation is rejected. +Nonetheless, if the purpose of the agreement is to commit a certain crime or use it as means +to achieve the intended objective, and the penalty for attempting such crime is milder than +what is stipulated in the preceding paragraphs, no penalty severer than the one prescribed +for such an attempt shall be imposed. +Exemption from the penalties stipulated in the first three paragraphs shall be granted to any +perpetrator who takes the initiative to inform the competent authorities of the existence of +such an agreement, and any participants therein before any of the st ipulated crimes is +committed. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (233) +Whoever instigates the commission of one of the crimes against the State's external or +internal security shall be punished by the penalty prescribed for the attempt to commit the +crime of which the commission h e instigates, if such instigation has not produced any effect. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (234) +Whoever becomes aware of committing one of the crimes against the State's external or +internal security and does not inform the competent authorities, shall be punished by the +penalty for the attempt to commit such crime. +Exemption from the penalty may be granted if the person who refrains from informing is the +spouse of the perpetrator or one of his relatives or in -laws up to the fourth degree. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (235) +In addition to the measures stipulated in this Law, the court may, at the request of the Public +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 73 + Prosecution, order that the convict of one of the felonies stipulated in this Chapter, whose +condition necessitates the application of such measure for the protection of the publ ic +safety, and for the period specified by the court, shall be subject to one or more of the +following measures: +1. Travel ban. +2. Restricting residence at a certain place; +3. Prohibiting visits to certain locations or places. +4. Prohibiting contact with a specific pe rson or persons. +5. Prohibiting the use of certain means of communication or prohibiting the possession or +acquisition thereof. +6. Placing the convict under supervision or probation. +7. Placing the convict in one of the rehabilitation centres. +8. Subjecting to counsel ling programs for those convicted of felonies against the internal +security of the State. +The Public Prosecution shall supervise the implementation of the measures and submit +reports to the court which ordered the same about the conduct of the person subje ct to the +measure at periodic intervals, none of which exceeds (3) three months. +The court may order to terminate, amend or reduce the duration of a measure, at the request +of the Public Prosecution or the person subject to the measure; but if such request is +rejected, no new request may be submitted unless after (3) three months as of the date of +rejection. +The person subject to the measure shall be punished by imprisonment for a period not +exceeding one year if he violates the measure ordered by the court . + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (236) +The Public Prosecutor may accept conciliation in the crimes stipulated in Articles (174/ +second paragraph), (176/ first and third paragraphs), (184), (209), (210/ first paragraph), +(217/ first, second and third paragraphs), and (221) of t his Law, in return for paying an +amount not less than (50,000) fifty thousand AED and not exceeding (500,000) five +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 74 + hundred thousand AED by the accused, before referring the criminal case to the competent +court. +Conciliation shall result in the abatement of criminal action; and such conciliation shall have +no effect on the rights of those affected by the crime. + +Chapter Four +Crimes Against the National Economy +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (237) +A penalty of temporary imprisonment shall be imposed on anyone who destroys, through +any means, a factory or any of its subsidiary buildings, facilities, or any warehouse for raw +materials, products, consumer commodities, or any other immovables or movables destined +for the execution of the development plan. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (238) +A period of im prisonment for a period not less than one year shall be imposed on anyone +who, through any means of publicity, instigates withdrawing money deposited with public +banks or funds, or selling or abstaining from purchasing the State securities and other public +stocks. + +Chapter Five +Counterfeiting Money and Government Securities +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (239) +A penalty of life or temporary imprisonment and a fine not less than (200,000) two hundred +thousand AED shall be imposed on anyone who counterfeits, falsifies or forges, i n any +manner whatsoever, whether personally or through intermediary, a currency note or coin +legally circulated in the State or in another country or a governmental security. +A coin shall be considered counterfeit if any of its metal has been decreased, or if it is coated +with paint making it similar to another more valuable coin. +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 75 + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (240) +The penalty mentioned in the preceding Article shall be imposed on whoever brings in or +takes out of the State, personally or through intermediary, a currency or s ecurity from +amongst those mentioned in the preceding Article, whenever they are counterfeit or forged; +and on whoever puts anything of the like into circulation or deals with it or possesses if for +the purpose of putting it into circulation or dealing the rewith, while he is fully aware of the +counterfeiting, falsification or forgery. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (241) +If the crimes stipulated in the two preceding Articles lead to the devaluation of the national +currency or the government securities, or to shaking the financi al trust in the internal or +external markets, the penalty shall be life imprisonment. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (242) +A penalty of incarceration for a period not exceeding one year and a fine not exceeding +(50,000) fifty thousand AED shall be imposed on whoever knowingly circulates, brings back +into circulation, or brings into the country, a currency coin or note which is no longer in +circulation. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (243) +A penalty of imprisonment for a period not exceeding one year and a fine not exceeding +(50,000) fifty thousand AED shall be imposed on whoever, in good faith, accepts a +counterfeit or forged currency coin or note or governmental security, then deals therewith +after knowing of such counterfeit, forgery or falsification. +A penalty of imprisonment for a period not exc eeding one year or a fine not exceeding +(5,000) five thousand AED shall be imposed on whoever refuses to accept a valid national +currency at its lawfully denominated value. + + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 76 + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (244) +A penalty of temporary imprisonment shall be imposed on whoever man ufactures +machines, tools or other things designed for counterfeiting, forging or falsifying any of the +things stated in article (239) of this Law or obtains such things with the intention to use +them for such a purpose. +A penalty of incarceration shall be imposed on whoever possesses such machines, tools or +things knowing of their purpose. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (245) +Exemption from the penalty shall be granted to any perpetrators who takes the initiative to +inform the judicial or administrative authorities before the counterfeit, falsified or forged +money or security is used and before the crime is revealed. However, if such informing +happens after the crime is discovered, the court may exempt him from the penalty if it has +contributed to the arrest of the remaining pe rpetrators. + +Chapter Six +Forgery +Part One +Forgery and Counterfeiting of Seals, Marks and Stamps +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (246) +A penalty of temporary imprisonment for a period not less than (5) five years shall be +imposed on anyone who counterfeits or forges, personally o r through intermediary, the seal +of the State, the seal or signature of the President of the State, Rulers of the Emirates, the +Crown Princes or their deputies, or seals, postage stamps or financial stamps, or emblems of +the government, its directorates, d epartments, or any of the authorities stated in article (5) +of this Law, or the seal, signature or mark of any of their employees, or the governmental +hallmark on gold, silver or other precious or valuable metals. +The same penalty shall be imposed on anyon e who uses or brings into the State any of the +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 77 + above things, knowing of its counterfeit or forgery. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (247) +If the seals, postal or financial stamps or marks in respect of which the crimes as stipulated +forth in the preceding Article are related to a legal person other than those stated therein, the +penalty shall be incarceration. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (248) +A penalty of temporary imprisonment shall be imposed on anyone who unlawfully uses the +seal of the State, the seal of the President of the State, or any of the Rulers of the Emirates, +their Crown Princes and deputies, or any of the seals, postage stamps or financial stamps, or +marks of the government, its directorates, departments, or any of the authorities stated in +article (5) of this Law, or the seal of a ny of their employees, causing harm to a public or +private interest. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (249) +A penalty of incarceration for a period not exceeding one year or a fine shall be imposed on +whoever counterfeits, imitates, forges, or falsifies metal plates or other mar ks issued by +governmental departments in execution of laws, regulations or systems. +The same penalty shall be imposed on anyone who uses any of such things, knowing of its +counterfeit or forgery, and on anyone who uses any such genuine plate or mark but wi thout +being entitled to. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (250) +A penalty of incarceration for a period not exceeding (6) six months or a fine not exceeding +(10,000) ten thousand AED shall be imposed on whoever makes, distributes or offers for +sale printed materials or forms, ir respective of the method of making them, resembling in +appearance the government marks, postal or financial stamps, those concerning wire or +wireless communications or those issued in a member country of the International Post +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 78 + Union - the aforementioned ma rks and stamps include international postal receipts. + +Part Two +Forgery of Documents +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (251) +Forgery of a document is a change of its genuineness by any of the means stated hereinafter, +resulting in harm, for the purpose of using it as a valid instr ument. +The following are considered means of forgery: +1. Making a change in an existing document by way of addition, deletion or alteration, +whether in the writing, numbers, marks, or in photographs appearing therein. +2. Putting a forged signature or seal, or al tering a genuine signature, seal, or thumb -print. +3. Obtaining, by means of surprise or fraud, a signature, seal or thumb -print of a person +without his knowledge the contents of the document or without validly giving consent +thereto. +4. Fabricating or counterfei ting a document and attributing it to a third party. +5. Filling a paper signed, sealed or thumb -printed paper in blank without the consent of the +person who signed, sealed or thumb -printed it. +6. Impersonating or substituting the identity of a person in a docume nt made to verify such +identity. +7. Altering the truth in a document made for verifying such truth. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (252) +Forgery of an official document shall be punished with imprisonment for a period not +exceeding (10) ten years, and forgery of a non -official do cument shall be punished with +incarceration. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (253) +A penalty of imprisonment for a period not exceeding (5) five years shall be imposed on +whoever forges a copy of an official document and such copy has been used, or uses a copy +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 79 + of an official do cument knowing of its forgery. The penalty shall be incarceration if such +copy is of an unofficial document. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (254) +An official document is that which a public servant or a person entrusted with a public +service has the competence to prepare or to interfere in preparing it in any manner or to +grant it an official character. +Any other document shall be considered as non -official document. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (255) +A penalty of imprisonment for a period not exceeding (5) five years shall be imposed on any +phys ician or midwife who knowingly issues a false certificate or statement concerning a +pregnancy, delivery, disease, physical disability, death or any other similar matter having +connection with his profession, even if the act was committed due to an urgent r equest, +recommendation or intermediation. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (256) +A penalty of incarceration for a period not exceeding (2) two years or a fine not exceeding +(10,000) ten thousand AED shall be imposed on anyone who, during the investigation +procedures regarding a matter of death, inheritance or bequest prescribed by law, provides +before the authority that is competent to issue the notice thereof, with false statements +concerning the facts to be established, not knowing the reality of such facts or knowing that +they are not correct, whenever the notice is issued on basis of said statements. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (257) +A penalty of incarceration for a period not exceeding (2) two years or a fine not exceeding +(50,000) fifty thousand AED shall be imposed on anyone who provides inc orrect personal +information in a judicial or administrative investigation. +The same penalty shall be imposed on whoever provides false personal information to a +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 80 + public servant during and for the purpose of the performance of his job. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (258) +Whoeve r knowingly uses a forged document shall be punished by the penalty prescribed for +the crime of forgery, as the case may be. +Whoever unlawfully uses or benefits from a genuine document or the copy thereof in the +name of another person shall be punished by the same penalty, as the case may be. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (259) +The provisions of this Part shall not apply to the cases of forgery stipulated in any special +penal laws. + +Chapter Seven +Embezzlement and Damage to Public Funds +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (260) +A penalty of temporary imp risonment shall be imposed on any public servant or any person +entrusted with a public service who embezzles funds, papers or other things held in his +possession ex officio or by reason of his assignment. +The penalty shall be temporary imprisonment for a p eriod not less than (5) five years if the +crime is indivisibly connected to or associated with a crime of forgery or use of a forged +document or forged copy of an official document. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (261) +A penalty of temporary imprisonment shall be imposed on an y public servant or any person +entrusted with a public service who takes advantage of his profession and unlawfully +embezzles the funds, papers or other things of the State or any of the authorities stated in +article (5), or embezzles private papers or fun ds in his possession or facilitates the same for +other persons. +The penalty shall be temporary imprisonment for a period not less than (5) five years if the +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 81 + crime is indivisibly connected to or associated with a crime of forgery or use of a forged +document or forged copy of an official document. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (262) +A penalty of temporary imprisonment shall be imposed on any public servant or any person +entrusted with a public service who unlawfully obtains or attempts to obtain for himself or +for a third party a profit or an interest from an act related to his job duties. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (263) +A penalty of temporary imprisonment for a period not exceeding (5) five years shall be +imposed on any public servant officer or any person entrusted with a public service whose +work is related to the collection of taxes, duties, fines or the like, who knowingly requests +the payment of which is not due or what exceeds what is due. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (264) +A penalty of temporary imprisonment shall be imposed on any public servant or any per son +entrusted with a public service who deliberately harms the funds or interests of the entity +where he works, or the funds or interests of a third party entrusted to such entity. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (265) +A penalty of temporary imprisonment shall be applied on any public servant or any person +entrusted with a public service whose work is related to the preparation, administration or +execution of contracting, supply or public works pertaining to the State or any of the +authorities mentioned in article (5) above, who benefits directly or through an intermediary +from any of said works, or who obtains for himself or for another person, a commission in +connection with any matter pertaining to such works. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (266) +A penalty of temporary imprisonment for a period no t exceeding (5) five years shall be +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 82 + imposed on anyone who deliberately commits fraud in performing all or part of the +obligations imposed thereon by a contracting agreement or supply contract or by any other +administrative contract concluded between him an d the Government or any of the +authorities mentioned in article (5).The penalty shall be temporary imprisonment if the +crime has caused serious damage, or if said contract is concluded for the purpose of +providing the needs of the defence and security, whe never the perpetrator is aware of such +purpose. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (267) +In addition to the penalties prescribed for crimes stated in this Chapter, the perpetrator shall +be sentenced to refund and a fine equal to the amount of funds subject of or resulting from +the crime, provided that it is not less than (50,000) fifty thousand AED. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (268) +A penalty of incarceration and/or a fine not more than (50,000) fifty thousand AED shall be +imposed on any public servant or any person entrusted with a public service w ho, due to his +fault, causes damage to the funds or interests of his employer or to the funds or interests of a +third party assigned to said employer. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (269) +The provisions of this Law shall apply to whoever commits one of the crimes stipulated in +this Chapter and Chapter One of Section Two of Book Two of this Law outside the State, if +the perpetrator or the victim is a citizen or if it is committed by an employee of the public or +private sector of the State or if it affects a public property. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (270) +The criminal lawsuit shall not expire upon the lapse of term in any of the crimes stipulated in +this Chapter, and the punishment imposed shall not be forfeited. Moreover, civil lawsuits +either arising or related thereto shall not expire upon th e lapse of term. +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 83 + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (271) +Attempt to commit crimes stipulated in this Chapter shall be punished by the same penalty +prescribed for the consummated crime. + +Chapter Eight +Strike and Obstruction of Work Progress +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (272) +If at least three public servants leave their work or deliberately abstain from performing any +of their duties, based on a mutual agreement among them or seeking to achieve an illicit +purpose, each of them shall be punished by incarceration for a period not less than (6) six +month s and not exceeding one year. +The penalty shall be incarceration if such leaving or abstaining endangers peoples' lives, +health or security, causes disturbance or commotion among people, causes disruption to +another public interest, or if the perpetrator i s an instigator. +In all cases, the court shall order the deportation of the foreigner perpetrator. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (273) +A penalty of incarceration shall be imposed on anyone who violates the public servant's +right of work, whether done with force, violence and threat or in any unlawful manner. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (274) +A penalty of incarceration or a fine shall be imposed on any contractor or individual in +charge of the administration of a public utility who stops the work whenever it is without +justification and results in the disruption of performance or regularity of the public service. + + + + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 84 + Section Two +Crimes Relating to Public Service +Chapter One +Bribery +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (275) +A penalty of temporary imprisonment shall be imposed on any public servant, a person +entrusted with a pu blic service, a foreign public servant or an employee of an international +organization who, directly or indirectly, requests, accepts, takes or promises an unentitled +gift, privilege or grant, whether in favour of the employee himself or in favour of anoth er +person, entity or establishment, in return for performing or omit an act that falls within his +job duties or for violating his job duties, even if he has intended not to perform or omit such +act or to violate his job duties, or if such request, acceptan ce or taking occurs after +performing or omitting the act or violating his job duties. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (276) +A penalty of temporary imprisonment shall be imposed on any public servant, a person +entrusted with a public service, a foreign public servant or an emplo yee of an international +organization who, directly or indirectly, requests, accepts, takes or promises, an unentitled +gift, privilege or grant, whether in favour of the employee himself or in favour of another +person, entity or establishment, in return for performing or omitting performing an act +which is wrongly believed or which he claims to be among his job duties. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (277) +In the application of Articles (275) and (280) of this Law, arbitrators, experts and fact -finders +are treated as public serva nts within the limits of the work assigned thereto. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (278) +A penalty of temporary imprisonment for a period not exceeding (5) five years shall be +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 85 + imposed on whoever manages an entity or establishment of the Private Sector, or works +therefor in any capacity, who, directly or indirectly, requests, accepts, takes or promises, an +unentitled gift, privilege or grant, whether in favour of the employee himself or for another +person, in return for performing or omitting an act that falls within his job dut ies or that +violates his job duties, even if he has intended not to perform or omit such act, or if such +request, acceptance or promise occurs after performing or omitting the act. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (279) +A penalty of temporary imprisonment for a period not exceed ing (5) five years, shall be +imposed on any person who, directly or indirectly, promises, offers or grants a person +managing an entity or an establishment in the Private Sector an unentitled gift, privilege or +grant, whether in favour of said person himsel f or in favour of another person, in return for +performing or omitting an act that falls within his job duties or that violates of his job duties. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (280) +A penalty of temporary imprisonment for a period not exceeding (5) five years, shall be +impos ed on any person who, directly or indirectly, a public servant, a person entrusted with +a public service, a foreign public servant or an employee of an international organisation, an +unentitled gift, benefit or grant, whether in favour of the employee hims elf or for another +person or entity, in return for performing or omitting an act included in his job duties in +violation thereof. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (281) +A penalty of Imprisonment for a period not less than one year and/or a fine not less than +(20,000) twenty thou sand AED shall be imposed on whoever requests, for himself or for +others, accepts or takes a promise or gift to use real or alleged influence to obtain or to +attempt to obtain, from a public department or authority or an entity subject to its +supervision, a grant, service, benefit, or any unentitled privilege of any kind. +The penalty shall be imprisonment for a period not exceeding (5) five years if the perpetrator +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 86 + is a public servant, a person entrusted with a public service, a foreign public servant or an +employee of an international organisation. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (282) +A penalty of temporary imprisonment for a period not exceeding (5) five years shall be +imposed on whoever intercedes to influence the briber or the bribed to offer, request, +accept, receive or pro mise a bribe. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (283) +The perpetrator in all cases stated in the preceding Articles of this Chapter shall be punished +with a fine equivalent to what has been requested or offered or accepted, provided that the +fine shall not be less than (5,000) fi ve thousand AED. +A judgment shall also be issued to confiscate the gift accepted by or offered to the public +servant or the person entrusted with a public service. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (284) +The briber or the intermediary shall be exempted from the penalty if he info rms the judicial +or administrative authorities of the crime before it is discovered. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (285) +The provisions of this Law shall apply to whoever commits one of the crimes stipulated in +this Chapter outside the State, if the perpetrator or the victim is a citizen, or if the crime is +committed by an employee of the public or private sector of the State or affects public funds. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (286) +The criminal lawsuit shall not expire upon the lapse of the term in one of the crimes +stipulated in this Chapter and the adjudged penalty shall not be forfeited. The civil lawsuits +that arise from or are connected to such lawsuit shall not expire upon the lapse of the term. + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 87 + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (287) +Attempt to commit crimes stipulated in this Chapter shall be punished with th e same +penalty prescribed for the consummated crime. + +Chapter Two +Jobbery of Abuse of Power +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (288) +A penalty of incarceration shall be imposed on any public servant or aby person entrusted +with a public service who, in cases other than those stipul ated in the law, arrests, +incarcerates or detains any person. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (289) +A penalty of incarceration shall be imposed on any public servant or any person entrusted +with a public service if he knowingly searches a person, his residence or his place of w ork in +cases other than those stipulated in the law, or without consideration of the conditions +contained therein. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (290) +A penalty of temporary imprisonment shall be imposed on any public servant who, +personally or through an intermediary, uses t orture, force or threat with an accused, witness +or expert in order to compel him to confess a crime, to make a statement or to give +information relating thereto, or in order to conceal any matter whatsoever. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (291) +A penalty of temporary imprison ment for a period not exceeding (5) five years shall be +imposed on any public officer who punishes or orders to punish any convict with a penalty +that is severer than the one imposed thereon or a penalty which has not been imposed +thereon. +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 88 + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (292) +A penalty of incarceration for a period not less than one year and not exceeding (5) five +years, any public servant whose work is related to managing or guarding a penal +establishment or any other establishment or institution designated for the enforcement of +the criminal or social defence measures if he accepts, without an order from the competent +authority, to place a person in such establishment or institution, or to hold him therein after +expiry of the period determined for such order, or who refrains f rom executing the order of +release. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (293) +A penalty of imprisonment for a period not less than one year and/or a fine not less (10,000) +ten thousand AED shall be imposed any public servant or any person entrusted with a public +service who, based on the power of his office, treats any person with cruelty, in such a +manner as to dishonour or cause him bodily agony. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (294) +A penalty of incarceration shall be imposed on any public servant who, abuses the power of +his office, to stop or impede t he enforcement of the provisions of laws, regulations, systems, +resolutions or orders issued by the Government, or the execution of any judgment or order +issued by a competent judicial authority, or to delay the collection of any funds, taxes or +duties pre scribed by the Government. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (295) +A penalty by incarceration shall be imposed on any employee in post, telegraph or +telephone offices, who opens, destroys or conceals a letter or telegram or data deposited or +delivered to any of said offices, or w ho facilitates this matter to others, or he discloses a +secret contained in a letter, telegram, or telephone call. + + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 89 + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (296) +A penalty of temporary imprisonment shall be imposed on any public servant or any person +entrusted with a public service, apa rt from those mentioned in the preceding Article, who +gives, damages, conceals, or facilitates for another person the acquisition of, information or +data that he knows of or unlawfully extracts by virtue of his office. + +Chapter Three +Assault on Employees +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (297) +A penalty of incarceration for a period not less than (6) six months shall be imposed on +anyone who uses force or violence or threat against any public servant or any person +entrusted with public a service, with the intention of unlawfully fo rcing him to perform or +omit any of his office duties, and has not achieved his intention; however, if he achieves his +intention, the penalty shall be imprisonment for a period not less than one year. +If the crime is premeditated, or committed by more than one person or by a person carrying +a visible weapon, or if the crime is accompanied by battery, the penalty shall be +imprisonment for a period not less than one year and a fine not less than (100,000) one +hundred thousand AED. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (298) +1. A penalty of incarceration for a period not less than (6) six months and a fine not +exceeding (50,000) fifty thousand AED shall be imposed on anyone who assaults a +public servant or a person entrusted with a public service, or if he resists him forcibly or +violently, in the course of or because of the performance of his duties or service. +2. The penalty shall be incarceration for a period not less than one year and a fine not less +than (50,000) fifty thousand AED, if the assault or resistance involves battery. +3. If any of t he crimes stated in the preceding paragraph is premeditated, or committed by +more than one person or by a person carrying a visible weapon, or if the assaulted public +service is an employee of the security or police authorities, the penalty shall be +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 90 + impris onment. + +Chapter Four +Assumption of Offices and Capacities +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (299) +A penalty of incarceration for a period not exceeding (5) five years shall be imposed on +anyone who unduly assumes any of the public offices. The same penalty shall be imposed +on any one who interferes with a public office or service, or performs any of its duties or +requirements without being competent or entrusted therewith, for the achievement of an +unlawful purpose or to obtain for himself or others a privilege of any kind. +The pen alty shall be incarceration for a period not less than one year and not exceeding (5) +five years if any of the crimes cited in the first paragraph is committed by assuming the +capacity of security or police personnel. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (300) +A penalty of incarcerat ion for a period not exceeding one year or a fine not less than +(10,000) ten thousand AED shall be imposed on whoever unlawfully publicly wears official +uniform or attire exclusively designated by law for a certain category of people, wears the +uniform of a rank higher than his, wears a medal, ribbon, badge or sign of an office, or +assumes any of the officially recognized honorary, official, scientific or university titles, or +any of the military ranks or public parliamentary capacities. This provision shal l also apply if +the uniform, medal, or any of the aforementioned things belongs to a foreign country. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (301) +The court may, in the cases stipulated in the two preceding Articles, order that the judgment +or an excerpt thereof be published by the ap propriate manner at the expense of the convict. + + + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 91 + Section Three +Crimes Against Administration of Justice +Chapter One +False Testimony, Perjury and Abstention From Testifying +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (302) +Whoever delivers under oath false testimony before a judicial authori ty or a panel, +competent to hear witnesses, or who denies the truth, conceals all or part of what he knows +concerning the facts of a lawsuit regarding which he is being interrogated, whether the +person delivering the testimony is admitted to testify or whe ther his testimony is accepted in +the proceedings or not, shall be punished with incarceration for a period not less than (3) +three months. +If such an act occurs in the course of investigating a felony or the trial thereof, he shall be +punished with tempor ary imprisonment; and if the false testimony results in adjudging the +death penalty or life imprisonment, the false witness shall be punished with the same +penalty. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (303) +The following shall be exempted from the penalty: +1. Any witness who delivers the testimony during a criminal investigation if he retracts his +false testimony before the end of the investigation and before he is denounced. +2. Any witness who testifies on any trial if he retracts his false testimony prior to the +issuance of any judgment on merits, even if not final. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (304) +The following shall be exempted from the penalty: +1. Any witness who - by saying the truth - would conceivably expose himself to serious +prejudice to his liberty or honour, or would expose his spouse, even divorc ed, or any of +his ascendants, descendants, siblings, or in -laws of the same degrees. +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 92 + 2. Any witness who, having announced to the court his name, surname and nickname, was +not supposed to be heard as a witness or was supposed to be warned that, if this were +his wish, he would have been entitled to abstain from bearing witness. +3. If in the two above cases, the false testimony has exposed another person to any legal +prosecution or conviction, the witness shall be punished with incarceration for a period +not less th an (6) six months. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (305) +The penalty shall be reduced to its half, for the person upon whose instigation the false +testimony has been delivered, if the witness, by saying the truth, would have inevitably +exposed him or any of his relatives to har m as specified in the first paragraph of the +preceding Article. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (306) +A penalty of imprisonment for a period not less than one year and not exceeding (5) five +years shall be imposed on any expert, translator or fact -finder appointed by the judici al +authority or administrative authority in a civil or criminal lawsuit, who knowingly confirms a +matter contrary to the truth and knowingly interprets the same inaccurately. +The penalty shall be temporary imprisonment be imposed if the assignment entruste d to the +aforementioned categories is related to a felony. +The aforementioned categories shall be deprived from re -assuming the same assignments +which had been entrusted thereto, and they shall be subject to the provisions of Article +(304) of this Law. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (307) +A penalty of temporary imprisonment for a period not exceeding (5) five years shall be +imposed on any physician or midwife requesting or accepting, for themselves or for other +0persons, a gift or privilege of any kind or a promise of anything of the like, in return for +delivering false testimony concerning pregnancy, giving birth, disease, physical disability or +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 93 + death, or if they give such testimony due to an urgent request, recommendation or +intermediation. +In such a case, the provision of the second paragraph of article (302) of this Law shall apply. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (308) +Without prejudice to the provisions of article (290) of this Law, a penalty of incarceration +and a fine shall be imposed on anyone who uses torture, force or threat, or who offers a gift +or privilege of any kind or a promise of any such things, in order to coerce another person to +suppress any matter, or to make untrue statements or conceal any evidence before any +judicial authority. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (309) +A penalty of incarceration for a p eriod not exceeding two years and a fine not exceeding +(10,000) ten thousand AED shall be imposed on anyone who compels the adversary party in +a civil matter to take oath or to whom oath is reverted and commits perjury. +The perpetrator shall be exempted fr om the penalty if he says the truth after committing +perjury and before the issuance of a judgment on the lawsuit in which perjury has been +committed. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (310) +A penalty of incarceration for a period not exceeding one year and/or a fine not exceedin g +(5,000) five thousand AED shall be imposed on anyone who is called upon to deliver a +testimony before any judicial authority and who abstains from taking the oath or testifying +evidence, unless his refusal is justified by an acceptable excuse. +The perpet rator shall be exempted from the penalty if he tracts his abstention before the +issuance of any judgment on the lawsuit. + + + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 94 + Chapter Two +Influencing and Defamation of the Judiciary +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (311) +A penalty of incarceration and/or a fine shall be imposed on an yone who, by any means of +publicity, prejudices the dignity of a judge or any member of the Public Prosecution in +respect of any lawsuit or in relation thereto. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (312) +A penalty of incarceration or a fine shall be imposed on any individual who pub lishes, +through any means of publicity, any matters with the intention of causing influence on the +judges - resolving a lawsuit presented before them - or on the members of Public +Prosecution, any other persons who are charged with the investigation or exp ert work, or on +any witnesses who may be called upon to testify in any lawsuit or investigation. The same +penalty shall be imposed on anyone who publishes, through any means of publicity, any +matters with the intention of hindering a person from declaring any information to the +competent authorities, or of influencing the public opinion in favour of or against any of the +parties to the lawsuit or investigation. +In the published matters are false, the perpetrator shall be punished with incarceration and a +fine. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (313) +A penalty of incarceration for a period not exceeding two years or a fine shall be imposed on +anyone who, by any means of publicity, publishes: +1. News in respect of a current investigation into a crime or any of the documents relevant +to such investigation, if the investigation authority has prohibited the publication of any +such news. +2. News in respect of investigations or proceedings in lawsuits of pedigree, marriage, child +custody, divorce, alimony, separation, adultery, libel or disclosu re of secrets. +3. Names or pictures of juvenile delinquents. +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 95 + 4. Names or pictures of victims of crimes involving a breach of honour. +5. Names or pictures of convicted persons with a stay of execution. +6. Court deliberations. +7. News in respect of lawsuits which courts ha ve decided to hear in secret sessions or +which they have prohibited their publication. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (314) +A penalty of incarceration for a period not exceeding one year or a fine not exceeding +(10,000) ten thousand AED shall be imposed on anyone who, by any m eans of publicity, in a +dishonest manner and in bad faith, publishes the proceedings of the court hearings. + +Chapter Three +Obstruction of Judicial Proceedings +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (315) +A penalty of incarceration shall be imposed on anyone who, with the intention to m islead +the judiciary, the investigation authority or evidence -gathering, modifies the situations of +the persons, places or things, conceals the evidence of the crime, or knowingly provides false +information in this respect. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (316) +A penalty of inc arceration and a fine shall be imposed on anyone who conceals, destroys, or +takes possession of a document, deed or any other thing submitted to any of the +investigation authorities, or in a lawsuit before any of the judicial authorities, for the +purpose o f misleading the judiciary or the investigation authority. +This provision shall apply even if such document, deed or thing is left in possession of the +person who submits it, until requested. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (317) +A penalty of incarceration for a period not exce eding (6) six months or a fine not exceeding +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 96 + (5,000) five thousand AED shall be imposed on anyone who is legally bound to submit any +document or any other object useful to establish an incident presented to the courts, but +abstains therefrom in cases other than those permitted by the law. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (318) +A penalty of incarceration for a period not exceeding (2) two years and/or a fine not +exceeding (100,000) one hundred thousand AED if he commits in bad faith such act that +may obstruct the execution procedu res against any asset attached judicially, whether by +moving, concealing, disposing of, destroying or changing the descriptions of such asset. +The above penalty shall apply, even if the act is committed by the owner or custodian of the +asset. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (319) +The penalty prescribed in the preceding Article shall be imposed on any public servant or +any person entrusted with a public service who deliberately and unlawfully abstains from +executing a judgment or order issued by any court after the lapse of (8) e ight days as of +being officially notified of execution, whenever the execution of such judgment or order is +within his competence. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (320) +A penalty of temporary imprisonment shall be imposed on anyone who hides the body of a +person who died in an accident. A penalty of incarceration shall be imposed on anyone who +buries such body prior to authorizing such burial by the competent entities. +A penalty of incarceration for a period not exceeding (3) three months or a fine if he buries +the body of a per son who dies naturally, without permission by the competent entities. + + + + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 97 + Chapter Four +Abstention From Reporting Crimes +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (321) +A penalty of incarceration or a fine shall be imposed on any public servant in charge of +detecting and seizing crimes, who f ails or defers to report a crime that comes to his +knowledge. +A penalty of incarceration for a period not exceeding one year or a fine shall be imposed on +any official who is not in charge of detecting or seizing crimes, and fails or defers to notify +the c oncerned authority of a crime that comes to his knowledge, in the course of or in +respect of the performance his job. +No penalties shall be imposed if filing a lawsuit in either of the cases stated in the preceding +two paragraphs, is dependent on a complai nt. +Exemption from the penalty stipulated in the second paragraph of this Article may be +granted if the public servant is a spouse, descendant, ascendant, sibling, or an in -law with +the same degree of relationship, of the perpetrator. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (322) +A pen alty of incarceration for a period not less than one year and/or a fine not less than +(20,000) twenty thousand AED shall be imposed on anyone who, in the course of practising +his medical or health profession, examines a deceased person or gives first aid t o a seriously +injured person, in whom he finds signs showing that the death or injury is the result of a +crime or that the circumstances of such death or injury appear doubtful thereto, and has not +informed the authorities. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (323) +A penalty of inc arceration for a period not exceeding one year or a fine shall be imposed on +whoever becomes aware of a crime and abstains from informing the competent authorities. +Exemption from such penalty may be granted if the person abstaining is a spouse, +descendant , ascendant, sibling, or an in -law with the same degree of relationship, of the +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 98 + perpetrator. + +Chapter Five +False Reporting +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (324) +A penalty of incarceration for a period not exceeding (6) six months and/or a fine shall be +imposed on whoever reports to judicial or administrative authorities non -existent or false +accidents or hazards, or a crime knowing that it has not been committed. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (325) +A penalty of incarceration confinement and/or a fine shall be imposed on whoever, falsely +and in bad f aith, informs the judicial or administrative authorities that a person has +committed an act subject to criminal punishment or administrative sanction, even if it does +not result in filing a criminal or disciplinary lawsuit; and also on whoever falsely and +contrary to the reality attributes material evidence to a crime committed by a person, or +causes legal proceedings to be taken against a person that he knows he is innocent. +The penalty in both cases shall be incarceration and a fine if the crime falsely r eported is a +felony; and if such false reporting leads to imposing a penalty prescribed for a felony, the +false reporter shall be punished with the same penalty imposed. + +Chapter Six +Breaking of Seals and Tampering with Objects Held in Safe -Keeping +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (326) +A penalty of incarceration for a period not exceeding one year and/or a fine not exceeding +(10,000) ten thousand AED shall be imposed on anyone who removes, breaks or destroys +any of the seals placed by virtue of an order issued by the judicial aut hority or the +administrative entities on a shop, documents or any other things, or who causes, through +any means, said seal to fall short of the purpose intended for which it has been originally +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 99 + placed. +The penalty shall be incarceration if the perpetrator is the custodian. +If the perpetrator uses violence against persons upon committing the crime, this shall be +deemed as an aggravating circumstance. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (327) +A penalty of incarceration for a period not exceeding (5) five years shall be imposed on +anyone who unlawfully removes, destroys or acquires papers, documents or things left +under a judicial or administrative judgment or order in such places prepared for +safe -keeping thereof, or delivered to a person assigned to preserve them; and the penalty +shall be temporary imprisonment if the perpetrator is the custodian or the person in charge +of preserving such items. +If the perpetrator uses violence against persons upon committing the crime, this shall be +deemed as an aggravating circumstance. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (328) +A penalty of incarceration for a period not exceeding (6) six months and/or a fine not +exceeding (5,000) five thousand AED shall be imposed on anyone who, while entrusted +with the safe -keeping of a seal placed by virtue of a judicial or administrative judgment or +order, causes with his negligence any of the crimes stipulated in the two preceding Articles +to be committed. + +Chapter Seven +Escape of the Accused and Convicts +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (329) +A penalty of incarceration for a period not exceeding (2) two years s hall be imposed on +anyone who escapes while being by force of the law, held under arrest or detention pending +investigation. +The penalty shall be incarceration if the crime is committed by two or more persons, or by +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 100 + threat or violence against persons or pr operty. +The penalty shall be temporary imprisonment for a period not exceeding (5) five years if the +crime is committed through the use or threat to use weapons. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (330) +A penalty of incarceration for a period not exceeding (2) two years shall be i mposed on +anyone placed under electronic surveillance, by virtue of a decision or judgment, and +escapes from the surveillance imposed thereon. +The same penalty stipulated in the preceding paragraph shall be imposed on anyone placed +under electronic surveil lance, by virtue of a decision or judgment, and disrupts or hinders, by +any means the remote surveillance device, which detects his location or his absence from his +designated residence as per the decision of the Public Prosecution or the competent court, as +the case may be. +If the act stated in the preceding paragraph led to the total or partial damage of the +electronic receivers and surveillance devices, the penalty shall be incarceration for a period +not less than one year and a fine not less than (20,00 0) twenty thousand AED and no +exceeding (30,000) thirty thousand AED, along with obligating the perpetrator to pay the +value of the damaged devices. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (331) +A penalty of incarceration for a period not exceeding (2) two years or by a fine not exceed ing +(20,000) twenty thousand AED shall be imposed on anyone in charge of guarding, watching, +transporting or escorting a person under arrest, and who by his negligence causes the escape +of such person, if the fugitive is convicted of a penalty prescribed f or a felony or an accused +in a felony. But in other cases, the penalty shall be incarceration for a period not exceeding +(6) six months or a fine not exceeding (5,000) five thousand AED. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (332) +Whoever is in charge of guarding, watching, transport ing or escorting a person under arrest, +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 101 + and assists him to escape, facilitates his escape, or overlooks it, shall be punished according +to the following provisions: +1. If the fugitive is sentenced to death, the penalty shall be temporary imprisonment for a +period not less than (5) five years. +2. If the fugitive is sentenced to temporary or life imprisonment or if he is accused of a +crime punishable by death, the penalty shall be imprisonment for a period not exceeding +(7) seven years. +3. In other cases, the penalty shall be incarceration for a period not less than one year. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (333) +Any public servant or any person entrusted with a public service, who is assigned with the +arrest of a person and who neglects to execute the order with the intent of helping him t o +escape from justice, shall be punished with the penalty stipulated in the preceding Article, as +per the cases stated therein. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (334) +Whoever enables or helps an arrested person to escape or facilitates his escape, in cases +other than those menti oned in the preceding Articles, shall be punished according to the +following provisions: +1. If the fugitive is sentenced to death, the penalty shall be imprisonment for a period not +less than (5) five years. +2. If the fugitive is sentenced to life or temporary i mprisonment, or if he is accused of a +crime punishable by death, the penalty shall be imprisonment for a period not exceeding +(5) five years. +3. In other cases, the penalty shall be incarceration. +If the crime is committed by two or more persons by using thre at or violence against persons +or things, or by using or threatening to use weapons, this shall be considered an aggravating +circumstance; however, the penalty shall in no case exceed the maximum limit prescribed +for the crime committed by the fugitive. +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 102 + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (335) +A penalty of temporary imprisonment for a period not exceeding (7) seven years shall be +imposed on anyone who supplies an arrested person with weapons or tools to use them in +escaping. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (336) +Anyone who knowingly hides or shelters, p ersonally or through an intermediary, a fugitive +under arrest, an accused of a crime or is a person subject of an order of arrest, and anyone +who helps him, in any manner whatever, to escape from justice, shall be punished according +to the following provis ions: +1. If the person who was hidden, sheltered or helped to escape from justice is +sentenced to death, the penalty shall be imprisonment for a period not exceeding (7) +seven years, and if he is sentenced to life or temporary imprisonment or is accused of +a crime punishable by death sentence, the penalty shall be temporary imprisonment +for a period not exceeding (5) five years. +In other cases, the penalty shall be incarceration for a period not exceeding (3) three +months. +2. In the crime is committed by two or more persons, with the use of threat or violence +against persons or property, or with the use or threat to use weapons, this shall be +considered an aggravating circumstance. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (337) +Anyone who knows that a crime is committed, and helps its perpetra tor escape from justice +by concealing any of the crime's evidence, providing false information concerning the crime, +while knowing that they are false, or by providing any other kind of assistance, shall be +punished according to the following provisions: +1. If the person escaping from justice is accused of a felony punishable by death, the +penalty shall be incarceration. +2. In other cases, the penalty shall be either incarceration or a fine. +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 103 + Section Four +Crimes Causing Public Danger +Chapter One +Transgression Ag ainst Public Means of Transportation and Utilities +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (338) +A penalty of life imprisonment shall be imposed on anyone who attacks an aircraft or a ship +with the intention of capturing it or seizing all or part of the goods transported thereon, or +with the intention of harming one or more persons onboard thereof, or in order to +unwarrantably change its direction. +The same penalty shall be imposed if the act is committed by a person who is onboard the +aircraft or ship. +If the perpetrator, immediately aft er the perpetrator captures the aircraft or ship, without +causing damage thereto or to the goods transported thereon, or harm to any of the persons +on board, returns such aircraft or ship to its lawful pilot or captain or to any individual who +has legal ti tle to take possession thereof, the penalty to be imposed shall be temporary +imprisonment for a period not exceeding (5) five years. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (339) +A penalty of temporary imprisonment shall be imposed on anyone who deliberately +endangers, in any manner what soever, the safety of a ship or aircraft or any other public +transport means. +The penalty shall be life imprisonment if said act results in a disaster to any of the above. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (340) +A penalty of incarceration and a fine shall be imposed on anyone who causes sabotage or +damage to a public road, airport, maritime port, land port, vault, or navigable water course. +The penalty shall be life or temporary imprisonment, if the perpetrator uses detonation or +explosives to commit the crime. +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 104 + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (341) +A penalty of imprisonment for a period not exceeding (7) seven years shall be imposed on +any individual deliberately disrupts the function of a public land, sea or air means of +transportation. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (342) +A penalty of incarceration and/or a fine shall be imposed on anyone who causes by his fault +an accident to any of the public land, sea or air means of transportation, that would disrupt +its functioning or endangers persons. +The penalty shall be temporary imprisonment if said act results in a disaster. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (343) +A penalty pf incarceration shall be imposed on anyone who deliberately endangers the +safety of any private means of transportation in any manner whatsoever. +The penalty shall be temporary imprisonment if the act deliberately affects the means of +transportation of the security or police authorities. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (344) +A penalty of incarceration for a period not less than one year and a fine not less than +(50,000) fifty thousand AED shall be imposed on anyone who deliberately removes, breaks, +destro ys or incapacitates any equipment, tools or signs designated for prevention of +accidents or surveillance cameras. +The penalty shall be temporary imprisonment if said act results in a disaster +In all cases, the perpetrator shall be ordered by a judgment to pay the value of the damages +caused thereby. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (345 ) +If the perpetrator, in order to commit any of the crimes stipulated in this Chapter, takes +advantage of a period of commotion or riot, or if he commits it with the use of violence or +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 105 + threat, this shall be considered an aggravating circumstance. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (346 ) +A penalty of temporary imprisonment and a fine not less than (100,000) one hundred +thousand AED shall be imposed on whoever transports or attempts to transport any +weapons, ammunition, firew orks, military equipment, or flammable, chemical, biological, +radiant or nuclear substances in a land, sea or air means of transportation, or via a letter or +parcel, in violation to the relevant laws, regulations or systems. +In all cases, a judgment shall be issued ordering the confiscation of the substances and +means of transportation, and the deportation of the foreigner. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (347 ) +A penalty of by temporary imprisonment for a period not exceeding (5) five years if he +deliberately disrupts a means of telecommunication or other services allocated for public +benefit or cuts or destroys or deliberately prevents the repair of any of its wires or devices. +The penalty shall be temporary imprisonment for a period not less than (5) five years if the +crime is committed at times of war, riot or commotion or by the use of firecrackers or +explosives. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (348 ) +A penalty of incarceration for a period not exceeding one year or a fine not exceeding +(10,000) ten thousand AED shall be imposed on any individual wh o deliberately causes +nuisance to other through using telecommunication devices. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (349 ) +A penalty of life imprisonment shall be imposed on whoever deliberately endangers the life +or safety of people, by using substances, germs or other things whic h cause death or serious +damage to public health. + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 106 + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (350 ) +A penalty of incarceration and a fine shall be imposed on anyone who spoils the water of a +well, reservoir, any other public water storage tank, or any other similar thing designated for +the public use, causing such water to become unfit for use. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (351 ) +A penalty of temporary imprisonment for a period not exceeding (10) ten years shall be +imposed on anyone who deliberately breaks, destroys or commits any other similar act +impairing t he machines, pipes or devices pertaining to the utilities of water, electricity, gas, +petroleum or any other public utility, if such act puts said utility out of service. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (352 ) +A penalty of life imprisonment shall be imposed on whoever deliberate ly demolishes, +sabotages, spoils or causes damage to any fixed or mobile private health facilities and units +or items or instruments present in such units and facilities, or deliberately impairs any of +them or makes them unfit for use. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (353 ) +A pe nalty of imprisonment for a period not less than one year and a fine not less than +(50,000) fifty thousand AED shall be imposed on whoever deliberately disrupts, in any +manner, a device, machine, or other things which are designated for first aid, firefigh ting, +rescue of drowned persons or prevention of other accidents. +The penalty shall be temporary imprisonment if the crime results in a disaster. +In all cases, the perpetrator shall be ordered by a judgment to pay the value of the damages +caused thereby. + + + + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 107 + Chapter Two +Fire +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (354 ) +A penalty of temporary imprisonment for a period not less than (7) seven years shall be +imposed on anyone who deliberately sets fire to buildings, factories, workshops, +warehouses, occupied or unoccupied buildings located in a city or village, or to railway +coaches or stations, vehicles carrying one or more persons or attached to a train carrying one +or more persons, ships navigating or anchoring in any harbour, aircraft flying or landing in +an airport, or to buildings constr ucted or designated for residence located outside inhabited +areas, whether all such things are owned by the perpetrator or not. +If it appears that the fire was set to grant the perpetrator or another person an advantage, +this shall be considered an aggrava ting circumstance. +In all cases, a judgment shall be issued ordering the perpetrator to pay a fine equivalent to +the damages caused thereby. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (355 ) +A penalty of temporary imprisonment shall be imposed on anyone who deliberately sets fire +to: +1. Timbe rlands or forests for wood gathering, or gardens or crops before they are +harvested, if they are the property of other persons. +2. Timberlands or forests for wood gathering, or gardens, or crops before they are +harvested, if they are his own property and if t he fire has extended to other persons +property, causing harm thereto. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (356 ) +A penalty of temporary imprisonment shall be imposed on anyone who deliberately sets fire +to buildings that are uninhabited and are not designated for habitation, which a re located +out of the inhabited areas,, or to crops, piles of hay, harvested yield left where it has been +harvested, or to firewood piled, closely packed together or left where it has been gathered, +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 108 + whether such things are not the property of the perpetrat or, or are his own property and the +fire has extended to another person's property causing harm thereto. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (357 ) +A penalty of incarceration and a fine not less than (10,000) ten thousand AED shall be +imposed on whoever sets fire in cases other than the cases stated in the preceding Articles +for the purpose of inflicting material damage to third parties, or gaining illicit advantage for +the perpetrator or another person. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (358 ) +If the fire results in the death of a human being, the person wh o has set it shall be sentenced +to death in the cases stipulated in Articles (354) and (355) of this Law, and to life +imprisonment in the cases stipulated in Articles (356) and (357). + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (359 ) +Using an explosive to damage any of the things stated in the preceding Articles of this +Chapter shall be deemed an aggravating circumstance, even if the damage is partial. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (360 ) +Anyone who causes, by his fault, the burning of any object belonging to a third party, shall +be punished by incarceration fo r a period not exceeding one year or a fine not exceeding +(10,000) ten thousand AED. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (361 ) +A penalty of incarceration for a period not less than one year or a fine not less than (10,000) +ten thousand AED shall be imposed on anyone who is, by forc e of the law or systems, bound +to keep firefighting equipment, and fails to duly install it or to keep it in a continuous +operational condition. +A penalty of incarceration for a period not less than one year or a fine not less than (50,000) +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 109 + fifty thousand AED shall be imposed on whoever removes firefighting equipment or +changes its place or makes it unfit for use. + +Section Five +Crimes Against Religions Creeds And Rites +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (362 ) +A penalty of incarceration and/or a fine shall be imposed on anyone who co mmits any of +the following crimes: +1. Offending any of the Islamic sacred beliefs or rites. +2. Insulting any of the recognized divine religions. +3. Approving, instigating or promoting sin or doing any act that would tempt people to +commit sin. +If any of such crimes is committed in public, the penalty shall be incarceration for a period +not less than one year and/or a fine not less than (100,000) one hundred thousand AED. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (363 ) +1. No penalty shall be imposed on drinking, possessing or trading in alcoholic drin ks in the +cases and at places authorized in accordance with the legislation in force. Each Emirate +shall have regulations for the use, circulation and possession of or trading in alcoholic +drinks. +2. A penalty of incarceration and/or a fine not less than (500 ,000) five hundred AED shall +be imposed on anyone who possesses, manufactures, brings, promotes, sells alcoholic +drinks, or prepares or sets up a place for the consumption of alcoholic drinks, or engages +in any activity related to the same without a licenc e from the competent entities or in +violation of the terms of the licence, in other cases or places than those authorized in +accordance with the legislation in force. +3. A penalty of incarceration for a period not exceeding than (6) six months and/or a fine +not less than (100,000) one hundred AED shall be imposed on anyone who drinks +alcoholic drinks in a public place or in places other than those authorized in accordance +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 110 + with the legislation in force, or is found drunk in a public place and causes a riot or +nuisance to others or disturbs public comfort because of his drunkenness. +4. A penalty of incarceration and a fine not exceeding (100,000) one hundred AED shall be +imposed on whoever offers or sells alcoholic drinks to any person under (21) years of +age, or in stigates him to drink them, or buys them for the purpose of offering to such +person. Any of such acts shall not be considered a crime if the perpetrator verifies that +the age of the person to which the alcoholic drinks is offered or sold is not less than ( 21) +years, based on his passport or any official document. +In all cases, a judgment shall be issued ordering the confiscation of the seized alcoholic +drinks and funds obtained therefrom, and the machines, materials, and means used in their +production or tr ansportation, and the closure of the shop or place where the crime occurs. +The court may order the deportation of the foreigner. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (364 ) +A penalty of incarceration and/or a fine shall be imposed on anyone who offends any of the +sacred beliefs or ri tes dictated in other religions, whenever they are protected under the +provisions of Islamic Sharia. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (365 ) +A penalty of incarceration for a period not exceeding one year or a fine not exceeding +(10,000) ten thousand AED shall be imposed on anyone who knowingly profanes or +desecrates any place designated for the burial of deceased persons or the preservation of +mortal remains, or anyone who knowingly profanes or desecrates the corpse or mortal +remains of a human dead. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (366) +1. A penalty of i ncarceration and a fine not less than (50,000) fifty thousand AED shall be +imposed on whoever commits an act of magic and jugglery, whether it is true or by +trickery, paid or free of charge , such acts include: +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 111 + A. Committing acts, uttering words or using metho ds or means that are not logically +accepted to affect a person's body, heart, mind or will, whether directly or indirectly, +truly or illusionary. +B. Misleading people's vision or controlling their senses or hearts, by any means, to +make them see the thing con trary to its reality for the purpose of exploiting them or +affecting their beliefs or minds. +2. The court shall order the deportation of the foreigner convict. +In all cases, the court shall order the confiscation of the things seized. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (367) +A penalt y of incarceration and/or a fine shall be imposed on whoever: +1. Seeks the help of another person in the acts of trickery, magic or jugglery stated in the +preceding Article with the intention of affecting a third party's body, heart, mind or will. +2. Brings or i mports to the State or acquires or possesses or disposes by any means of +disposition of books, spells, materials or tools designated for the acts of trickery, magic or +jugglery stated in the preceding Article. +3. Promotes, by any means whatsoever, any of the acts of trickery, magic or jugglery stated +in the preceding Article. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (368) +Anyone who founds, establishes, organizes or administers an association, entity, +organization or any subsidiary thereof, aiming to challenge or raise doubts in the basic +principles and instructions of the Islamic Religion, any of its necessarily well -known +mandates and precepts, or to preach any religion other than Islam, or to propagate any +doctrine or idea which includes, recommends or promotes any of the foregoing, shall be +punished by temporary imprisonment for a period not less than (5) five years and not +exceeding (10) ten years. + + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 112 + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (369) +Anyone who, while being fully aware of its objectives, joins, participates in or provide +assistance of any kind to an associa tion or any of the other entities stated in the preceding +Article, Shall be punished by temporary imprisonment for a period not exceeding (7) seven +years. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (370) +Anyone who challenges or raises doubts in the basic principles and instructions of th e +Islamic Religion, or any of its necessarily well -known mandates and precepts, or who +offends it or who preaches another religion or propagates any doctrine or idea which +includes, recommends or promotes any of the foregoing shall be punished by temporary +imprisonment for a period not exceeding (5) five years. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (371) +It is prohibited to any group, entity or organization to hold any conference or meeting, in any +place in the State, if they aim from such meeting, directly or indirectly, to challenge or raise +doubts in the basic principles and instructions of the Islamic Religion or any of its necessarily +well -known mandates and precepts, or to preach any religion other than Islam. +The Public Authority may to terminate such conference or meeting with the use of force, if +necessary. +Anyone who participates in the preparation of such conference or meeting, or who takes +part therein, shall be punished with temporary imprisonment for a period not less than (5) +five years and not exceeding (10) ten years. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (372) +I any of the crimes stipulated in Articles (369) and (371) of this Law is committed with the +use of force or threat, or if the use of force or threat is noticeable in committing them, the +perpetrator shall be punished with temporary imprison ment for a period not less than (7) +seven years. +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 113 + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (373) +Anyone who acquires documents, printed materials or recording materials containing +recommendation or promotion of anything from amongst those stipulated in article (371), +and such documents, printed materials or recordings are prepared for distribution or to give +other persons access thereto, shall be punished by incarceration for a period not less one +year and/or a fine not less than (5,000) five thousand AED. +The penalty stipulated in the pr eceding Paragraph shall be imposed on anyone who owns +any means of printing, recording or publicity that have been used for printing, recording or +broadcasting proclamations, songs or propaganda for a doctrine, association, entity or +organization with aimi ng to any of the objectives stated in article (371). + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (374) +A penalty of incarceration for a period not less than one year and/or a fine not less than +(5,000) five thousand AED shall be imposed on whoever obtains or receives funds, directly +or ind irectly, from a person or an entity inside or outside the State if this is for the purpose of +performing or promoting any of the acts stipulated in Articles (370) and (371) of this Law. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (375) +The penalty for the attempt of the crimes stipulated i n this Chapter shall be within the +minimum and maximum limits of the penalty prescribed for each of them. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (376) +Without prejudice to the penalties stipulated in the preceding Articles, the court shall, in all +cases stated in article (368), dissolve said associations, entities, formations, or subsidiaries +and close their premises. +The court may order the closure of the places where the crimes stipulated in Articles (371) +and (374) of this Law have been committed. The court shall also, in all cases in dicated in the +preceding two paragraphs, order the confiscation of funds, effects and other things which +may have been used or have been prepared to be used in committing the crime, or may be +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 114 + found in such places where the meetings of such associations, fo rmations, or subsidiaries +are held. +The court shall order the deportation of the foreigner after the penalty imposed thereon has +been executed. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (377) +Exemption from the penalty shall be granted to any perpetrator involved in any of the +crimes sti pulated in article (362) and Articles (368) to (375) of this Law if he informs the +judicial or administrative authorities of the crime before it is discovered. If such informing is +made known after discovering the crime, the court may exempt him from the p enalty if it +leads to the arrest of the remaining perpetrators. + +Section Six +Crimes Against the Family +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (378) +A penalty of temporary imprisonment shall be imposed on anyone who isolates a new -born +from the person who has legitimate power over him, or who hides such new -born, replaces +him with another new -born, or falsely imputes him to other than his parents. +In the event where there is evidence that said new -born is born dead, the penalty shall be +incarceration for a period not exceeding (2) two mo nths and/or a fine not exceeding +(50,000) fifty thousand AED. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (379) +A penalty of incarceration or a fine shall be imposed on anyone is in charge of a child and +refrains from giving him up to the person who is entitled to claim him by virtue of a fi nal +decision or judgment issued by the judicial authority. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (380 ) +A penalty of incarceration or a fine shall be imposed on either of the parents or grandparents +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 115 + who abducts his minor child or his grandchild, personally or through an intermediary, even +without deception or coercion, or refuses to return or deliver the minor child, to the person +who is entitled to his custody or care in accordance with a final decision or judgment issued +by the judicial authority. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (381 ) +The criminal lawsuit in Articles (379) and (380) of this Law shall expire if waiver or +conciliation is concluded after the crime takes place and before deciding thereon by a final +judgment. If this happens after the judgment becomes final, the execution thereof shall be +staye d. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (382 ) +A penalty of incarceration for a period not exceeding one year and/or a fine not exceeding +(10,000) ten thousand AED shall be imposed on anyone against whom an enforceable +judgment is issued, obligating him to pay alimony to his spouse, any of his relatives or legal +dependents, or to pay the fee of custody, breastfeeding or residence but refrains from doing +so, although he is capable of paying it, for a period of (3) three months after being warned to +pay. +The lawsuit may only be filed ba sed on a complaint from the concerned party. +If convict pays all the sums due from him or provides a guaranty accepted by the concerned +party, the penalty shall not be executed. + +Section Seven +Crimes Against Persons +Chapter One +Crimes Against the Life of Human Being and His Physical Integrity +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (383) +Without prejudice to the right to the entitle Diya, any person who commits any of the crimes +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 116 + stipulated in this Chapter shall be punished with the penalties stipulated therein, in the cases +where the pun ishment of Qisas is forbidden. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (384) +1. Whoever deliberately kills a person shall be punished with life imprisonment. +2. The penalty shall be death if the murder is committed with premeditation or +predetermination, accompanied by or associated with ano ther crime, or committed +against any of the perpetrator's descendants or against a public servant or a person +entrusted with a public service in the course of, due to or on the occasion of performing +his duties or service, or if a poisonous or detonating s ubstance is used in the crime. +3. The penalty shall be temporary imprisonment for a period not less than (7) seven years if +the relatives waive their right to Qisas at any stage of the lawsuit or before the execution +of the penalty. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (385 ) +Predetermi nation is the intention determined against any person and the thorough +preparation of the means of execution of the act before committing the crime. +Premeditation is to lurking for a parson in one or several places, during a certain period of +time, long or short, in order to be able to murder said person or to attack him unexpectedly +with the use of violence. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (386 ) +A penalty of incarceration for a period not exceeding (6) six months or a fine not exceeding +(5,000) five thousand AED shall be impose d on whoever attempts suicide. +The court may order to place the perpetrator in a therapeutical shelter instead of imposing +the penalty prescribed for the crime on him, in accordance with the controls stipulated in +article (142) of this Law. +A penalty of in carceration shall be imposed on whoever instigates or assists another person +to commit suicide in any manner if he commits or attempts suicide based on the same. +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 117 + If the person who has committed suicide is under 18 years of age or of diminished capacity +or perception, this shall be considered as an aggravating circumstance. +The instigator shall be punished with the penalty prescribed for deliberate murder or +attempt thereto, as the case may be, if the person committing or attempting suicide lacks +choice or p erception. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (387 ) +A penalty of temporary imprisonment for a period not exceeding (10) ten years shall be +imposed on anyone who commits assault on the physical safety of another person, in any +manner, without intending to kill him, but the assault leads to his death. +If any of the circumstances stipulated in the second paragraph of article (384) is fulfilled, +this shall be considered an aggravating circumstance. +Committing the act while in a state of drunkenness or narcotization shall also be consid ered +an aggravating circumstance, without prejudice to the provisions of Articles (62) and (63). + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (388 ) +A penalty of temporary imprisonment for a period not exceeding (7) seven years shall be +imposed on anyone who deliberately causes permanent dis ability to another. +If any of the circumstances stipulated in the second paragraph of article (384) of this Law is +fulfilled, this shall be considered an aggravating circumstance. +A disability is deemed permanent if the injury has caused the cutting of, se verance or +amputation of an organ or any part thereof, or total or partial or loss its if its benefit, or the +permanent total or partial loss of the function of any sense. +Any grave mutilation which cannot be removed shall be considered as disability. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (389 ) +A penalty of temporary imprisonment for a period not exceeding (5) five years shall be +imposed on anyone who commits assault on the physical integrity of another person, in any +manner, leading to unintentional permanent disability. The penalty shall be imprisonment +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 118 + for a period not exceeding (10) ten years if any of the circumstances stipulated in the second +paragraph of article (384) is fulfilled, or if the perpetrator commits the act in a state of +drunkenness or narcotization, without prejudic e to the provisions of Articles (62 and 63) of +this Law. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (390 ) +A penalty of incarceration and a fine shall be imposed on anyone who commits assault on +the physical integrity of another person in any manner whatever, which leads to a disease or +the inability to carry on his personal activities for more than twenty days. +The penalty shall be incarceration for a period not exceeding one year and a fine not +exceeding (10,000) ten thousand AED if the results of the assault are not as grave as is +descri bed in the preceding paragraph. +If the assault leads on a pregnant woman to abortion, this shall be considered an aggravating +circumstance. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (391 ) +A penalty of incarceration for a period not exceeding one year and/or a fine not exceeding +(10,000) ten thousand AED shall be imposed on any pregnant woman who aborts herself +deliberately by any means whatsoever. +A penalty of incarceration for a period not less two years or a fine not less than (10,000) ten +thousand AED shall be imposed on anyone who del iberately aborts a pregnant woman with +her consent by any means whatsoever. +If she is aborted by a physician, surgeon, pharmacist, midwife or other technician, the +penalty shall be temporary imprisonment for a period not exceeding (5) five years, without +prejudice to any severer penalty stipulated by any other law +A penalty of temporary imprisonment for a period not exceeding (7) seven years shall be +imposed on anyone who deliberately aborts a pregnant woman without her consent. +Attempt to commit any of the acts as stipulated in this Article shall be punishable by half the +penalties prescribed therein. +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 119 + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (392 ) +If the assault stipulated in Articles (387), (388), (338) and (390) of this Law, and in the fourth +paragraph of the preceding Article is commi tted using a weapon, club or machine or any +other tool, by one or more members of a gang composed of at least three persons, who has +conspired to assault and cause injury, the penalty shall be incarceration and a fine for each +of them, without prejudice to the severer penalty prescribed for any of them who takes part +in the assault, or to any other penalty stipulated by law. +If the crimes stated in the preceding Articles are committed during a war against wounded +persons, even if they are enemies, this shal l be considered an aggravating circumstance. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (393 ) +A penalty of incarceration and/or a fine shall be imposed on any individual who, by his fault, +causes the death of another person. +The penalty shall be incarceration for a period not less than on e year and a fine if the crime +is committed as a result of the perpetrator's violation of the duties imposed thereon by the +principles of his job, profession, or craft, or if he has been, at the time of the accident, in a +state of drunkenness or narcotizat ion, or if he refrains from helping the victim or requesting +help for the victim although he is capable of doing so. +The penalty shall be incarceration for a period not less than (2) two years and not exceeding +(5) five years and a fine if the act has caus ed the death of more than three persons. If one +other circumstance from amongst those stated in the preceding paragraph is fulfilled, the +penalty shall be incarceration for a period not less than (3) three years and not exceeding (7) +seven years and a fine . + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (394 ) +A penalty of incarceration for a period not exceeding one year and/or a fine not exceeding +(10,000) ten thousand AED shall be imposed on anyone who, by his fault, causes injury to +the physical integrity of another person. +The penalty shal l be incarceration for a period not exceeding (2) two years and a fine the +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 120 + crime causes permanent disability, or if the crime is committed as a result of the +perpetrator's violation of the duties imposed thereon by the principles of his job, profession, +or craft, or if he has been, at the time of the accident, in a state of drunkenness or +narcotization, or if he refrains from helping the victim or requesting help for the victim +although he is capable of doing so . +The penalty shall be incarceration and a fi ne if the act results in assaulting the physical +integrity of more than three persons. If other circumstance from amongst those stated in the +preceding paragraph is fulfilled, the penalty shall be incarceration for a period not less than +(6) six months and not exceeding (5) five years and a fine. + +Chapter Two +Crimes Against Liberty +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (395) +A penalty of temporary imprisonment shall be imposed on anyone who unlawfully, +personally or through an intermediary, and through any means, kidnaps, seizes, detai ns or +deprives another person of his liberty. The penalty shall be life imprisonment in the +following cases: +1. If the act is committed with the assumption of public capacity or with the pretension to +perform or to be entrusted with a public service, or to as sociated with a false capacity. +2. If the act is fraudulently committed or with the use of force or threat to kill or seriously +harm, or by means of bodily or psychological torture. +3. If the act is committed by two or more persons or by a person carrying weapon s. +4. If the period of the kidnapping, seizure, detention or deprivation of liberty exceeds one +month. +5. If the victim is a female, juvenile, insane, imbecile or disabled. +6. If the act is committed with the intention to realize profit, to take revenge, to rape th e +victim or violate his honour, to injure him or to induce him to commit a crime. +7. If the act is committed against a public servant during or due to the performance of his +job. +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 121 + If said act caused the death of the victim, the penalty shall be death. The pena lty prescribed +for the principal perpetrator on anyone who acts as intermediary in the commission of any +of the crimes referred to in this Article as well as anyone who knowingly hides a kidnapped +person. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (396 ) +In the event that the perpetrator, of his own volition, surrenders to the judicial or +administrative authorities prior to their discovery of the whereabouts of the abducted +person and actively assists in guiding them to the said location while providing information +regarding the other perpe trator involved in the crime, thereby leading to the successful +rescue of the abducted person, the perpetrator shall be granted an exemption from +punishment for the offences outlined in the preceding Article. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (397 ) +Whoever facilitates the entry o r exit of an individual into or from the country with the +deliberate intent to possess or dispose of thereof, as well as whoever possesses, purchases, +sells, offers for sale, or in any way engages in the disposition of another person on the +premise that of being slaves, shall be subject to the imposition of temporary imprisonment. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (398 ) +Whoever forces a person to work, with or without pay, for a private interest, in cases other +than those permitted by law, shall be liable to imprisonment for a dur ation not exceeding +one year, in addition to a fine not surpassing (10,000) ten thousand Dirhams or one of these +two penalties. + +Chapter Three +Exposure to Danger +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (399 ) +A penalty of incarceration and/or a fine shall be imposed on anyone who deliber ately +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 122 + commits an act that would endanger people's life, health, safety or liberty. +The penalty shall be incarceration if any injury whatever has resulted from such act, without +prejudice to any severer punishment prescribed by the law. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (400 ) +A pe nalty of incarceration for a period not exceeding (3) three years shall be imposed on +anyone who, personally or through an intermediary, endangers a juvenile who has not +completed (15) fifteen years of age or a person incapable of protecting himself due to his +health, mental or psychological condition. The penalty shall be incarceration if the crime is +committed by way of abandoning the juvenile or disabled in a deserted place, or if it is +committed by an ascendant of the victim or by any person whose duty is to protect and take +care of the victim. If permanent disability or death of the victim has resulted from the act, +without any intention on the part of the perpetrator to cause disability or death, the latter +shall be punished with the penalty prescribed for the crime of assault leading to a +permanent disability or with the penalty for the assault leading to death, as the case may be. +The same penalty shall also be imposed if such endangerment occurs by way of deliberately +depriving the juvenile or the di sabled of the food or care which his condition necessitates, +whenever the perpetrator is bound by the Islamic Sharia to provide it. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (401 ) +A penalty of incarceration or by a fine not exceeding (10,000) ten thousand AED anyone +who, either personall y or through an intermediary, endangers in a populous area a child +who has not completed (7) seven years of age. + +Chapter Four +Threat +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (402) +A penalty of temporary imprisonment for a period not exceeding (7) seven years shall be +imposed on anyone w ho threatens another, in writing or orally, to commit a felony against +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 123 + his person or property, or against the person or property of another person, or who +attributes thereto or discloses dishonouring matters, whenever such threats are or are meant +to be as sociated with the request or assignment to commit or omit an act. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (403 ) +A penalty of incarceration shall be imposed on anyone who threatens another to commit a +felony against his person or property or against the person or property of another per son, or +who attributes thereto or discloses dishonouring matters in cases other than those described +in the preceding Article. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (404 ) +Anyone who, threatens another, by word or deed, or by any written or oral allusion, either +personally or through an intermediary, in cases other than those described in the two +preceding two Articles, shall be punished with incarceration for a period not exceeding one +year or a fine not exceeding (10,000) ten thousand AED. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (405 ) +Without prejudice to any sev ere penalty, a penalty of incarceration and/or a fine shall be +imposed on whoever is caught in circumstances that pose a threat to public security or the +safety of persons or funds while carrying an injuring, cutting, piercing,, crushing, bruising or +sting ing machine or tool, unless it is due to his professional activity or due to a legitimate +reason. +Chapter Five +Crimes Against Honor +Part One +Rape, Disgracing and Intercourse With Consent +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (406) +Whoever forcibly has sexual intercourse with a female s hall be punished with life +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 124 + imprisonment. +The penalty shall be death if the victim is not more than (18) eighteen years of age, or her +will is not recognized for any reason, or if she has a physical disability, or suffers from a +health condition that render s her unable to resist, or if the perpetrator is one of the victim's +ascendants or non -marriageable relatives, one of those who raise or care for her or those +who have authority over her, or if the perpetrator is a servant of the victim or any of the +afore mentioned persons, or if the perpetrators are two or more persons. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (407) +A penalty of incarceration and/or a fine not less than (10,000) ten thousand AED shall be +imposed on anyone who disgraces any person, whether a male or a female. +The penalty shall be imprisonment for a period not less than (5) five years and not +exceeding (20) twenty years, if the act or attempt is accompanied by use of force or threat. +The penalty shall be imprisonment for a period not less than (10) ten years and not +exceed ing (25) twenty five years, if the victims is not more than (18) eighteen years of age, +or his will is not recognized for any reason, or if he has a physical disability, or suffers from a +health condition that renders him unable to resist, or if the perpet rator is one of the victim's +ascendants or non -marriageable relatives, one of those who raise or care for him or those +who have authority over him, or if the perpetrator is the servant of the victim or any of the +aforementioned persons, or if the crime occ urs in a place of work, study, shelter or care. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (408 ) +If any of the crimes stipulated in Articles (406) and (407) results in the death of the victim, +the penalty shall be death. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (409 ) +A penalty of incarceration for a period not less tha n (6) six months shall be imposed on +whoever has sexual intercourse with a female, or commits sodomy with a male, who has +completed (18) eighteen years of age with consent thereof. The same penalty shall be +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 125 + imposed on anyone who accepts to engage in such a ction. +No criminal lawsuit may be filed for the crime stipulated in the preceding paragraph except +on the basis of a complaint from the husband or tutor. +In all cases, the husband or tutor has the right to waive the complaint, and the waiver shall +result i n the expiry of criminal action or the stay of execution of the penalty, as the case may +be. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (410 ) +A penalty of incarceration for a period not less than (2) two years shall be imposed on +whoever have sexual intercourse with a female who has compl eted (18) eighteen years of +age and has given birth to an adulterine child. The female shall be punished with the same +penalty. +In all cases, no criminal lawsuit may be filed against them if the man marries that woman or +one or if both of them acknowledge the paternity of the child, and identification papers and +travel documents have been issued for that child in accordance with the laws of the country +to which either of them belongs by nationality, subject to the legislation in force in the State. +Such mar riage or acknowledgment and the issuance of identification papers and travel +documents for the child shall result in the expiry of criminal lawsuit or the stay of execution +of the penalty, as the case may be. + +Part Two +Flagrant and Indecent Acts +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (411 ) +A penalty of incarceration or a fine not less than (1,000) one thousand AED and not +exceeding (100,000) one hundred thousand AED shall be imposed on whoever publicly +commits an indecent act. In case of recidivism, he shall be punished with imprisonmen t for a +period not exceeding (3) three months and/or a fine not less than (10,000) ten thousand +AED and not exceeding (200,000) two hundred thousand AED. +The same penalty shall apply to any person who says or commits anything that is against +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 126 + public morals. +A penalty of incarceration for a period not less than one year shall be imposed on whoever +commits an indecent act with a woman or a boy under (18) eighteen years of age even if not +in public. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (412 ) +A penalty of incarceration for a period not ex ceeding one year and/or by a fine not +exceeding (10,000) ten thousand AED shall be imposed on any man who: +1. Approaches a female in a public road or frequently visited place in an indecent manner +with words or acts. +2. Disguises himself as a woman to enter a wo men -only space or a place only accessed by +women at the time. If the perpetrator commits a crime in this case, this shall be +considered as an aggravating circumstance. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (413 ) +A penalty of incarceration for a period not less than one year and/or a fine of not less than +(10,000) ten thousand AED shall be shall be imposed on anyone person who commits the +crime of sexual harassment. +Sexual harassment is any persistent behaviour which disturbs the victim through the +repetition of acts, words or gestures that would offend that person's modesty with the +intention of causing that person to submit to the sexual desires of the perpetrator or of a +third party. +The penalty shall be incarceration for a period not less than (2) two years and/or a fine not +less th an (50,000) fifty thousand AED if the perpetrators are multiple, or if the perpetrator +carries a weapon, or if the victim is not more than (18) eighteen years of age, or if the +perpetrator is one of the victim's ascendants or non -marriageable relatives, or one of those +who raise or care for him or those who have authority over him, or if the perpetrator is the +servant of the victim or any of the aforementioned persons. + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 127 + Part Three +Instigation of Debauchery and Prostitution +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (414) +A penalty of impris onment for a period not exceeding six months and/or a fine not +exceeding (100,000) one hundred thousand AED shall be imposed on whoever is found on +a public road or frequently visited place instigating the passers -by, by words or gestures, to +debauchery. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (415 ) +A penalty of incarceration for a period not exceeding one month and/or a fine not exceeding +(100,000) one hundred thousand AED shall be imposed on whoever publicly makes an +appeal, utters a song, shouts out or makes a statement that is immor al, and whoever publicly +prompts others by any means whatsoever to debauchery. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (416 ) +A penalty of incarceration for a period not exceeding one month and/or a fine not exceeding +(100,000) one hundred thousand AED shall be imposed on whoever manufa ctures, imports, +exports, acquires, possesses or transports, with the intention of exploitation, distribution or +offering to others, writings, drawings, pictures, movies, symbols or other indecent materials. +The same penalty shall be imposed on whoever adv ertises any of the aforementioned +materials. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (417 ) +A penalty of incarceration for a period not less than one year and a fine shall be imposed on +anyone who instigates, persuades or entices or helps, through any means whatever, any +male or female to commit debauchery or prostitution. +If the victim is under (18) eighteen years of age, the penalty shall be incarceration for a +period not less than (2) two years and a fine. + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 128 + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (418 ) +A penalty of temporary imprisonment for a period not exceeding (10) ten years shall be +imposed on anyone who, by ways of coercion, trick or threat, instigates any male or female +to commit debauchery or prostitution. +The penalty shall be temporary imprisonment for a period not less than (10) ten years if the +victim is under (18) eighteen years of age. Furthermore, the aforementioned penalties shall +be imposed, as the case may be, on anyone who, by ways of coercion, trick or threat, retains +any person against his will, in a place with the intention to compel him to commi t one or +several acts of debauchery or prostitution. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (419 ) +A penalty of temporary imprisonment and a fine not less than (100,000) one hundred +thousand AED shall be imposed on whoever establishes or runs a house for debauchery or +prostitution, or who facilitates such practices, or assists by any means in establishing or +running such a house. +In all cases, a judgment shall be issued ordering the closure of the place and it shall not be +allowed to reopen unless it is designated to deal in lawful busi ness, and after approval of the +Public Prosecution. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (420 ) +A penalty of temporary imprisonment for a period not exceeding (5) five years shall be +imposed on anyone who, through any means, takes advantage of the prostitution or +debauchery of anothe r person. +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (421) +If the perpetrator, with respect to the crimes stipulated in Articles (417), (418) and 420), the +perpetrator is an ascendant or a non -marriageable relative of the victim, any of those who +raise or observe him or those who have autho rity over him, or who works for him or to any +of the aforementioned persons, this shall be considered an aggravating circumstance. + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 129 + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (422 ) +Any habitual prostitute or debauchee shall be punished with temporary imprisonment. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (423 ) +If any in dividual is convicted of any of the crimes stipulated in this Part and sentenced to a +freedom -restricting penalty for a period of one year or more, he shall be put under probation +for a period equivalent to that of the imposed penalty. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (424 ) +The perpetrator shall, under the provisions stipulated in this Chapter, be assumed to know +the victim's age. + +Chapter Six +Defamatory Crimes +Libel, Slander and Violation of Secrets +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (425 ) +A penalty of incarceration for a period not exceeding (2) two yea rs or a fine not exceeding +(20,000) twenty thousand AED shall be imposed on anyone who, through any means of +publicity, attributes to another person an incident that would make him subject to +punishment or expose him to public hatred or contempt. +The penal ty shall be incarceration and/or a fine if the act of libel is committed against a +public servant or any person entrusted with a public service, during, due to or on the +occasion of performing the public service, or if the act of libel violates honour or d isgraces +the reputation of families, or if it appears to achieve any unlawful purpose. +If libel is expressed by publication in a newspaper or printed material, this shall be +considered an aggravating circumstance. + + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 130 + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (426 ) +A penalty of incarceration for a period not exceeding one year or a fine not exceeding +(20,000) twenty thousand AED shall be imposed on anyone who slanders others through +any means of publicity in such a way as to violate his honour or dignity without attributing a +particular incid ent thereto. +The penalty shall be Incarceration for a period not exceeding (2) two years and/or a fine not +less than (20,000) twenty thousand AED and not exceeding (50,000) fifty thousand AED if +the slander is directed to a public servant or a person entru sted with a public service during, +due to or on the occasion of performing the public service, or it prejudices honour or +reputation of the families or if it is noted to achieve an illegal purpose,. +If the slander occurs by way of publication in a newspape r or printed material, this shall be +considered an aggravating circumstance. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (427 ) +A penalty of punished incarceration for a period not exceeding (6) six months or a fine not +exceeding (5,000) five thousand AED shall be imposed if the libel or sl ander is committed on +the telephone or directly against the victim in the presence of others. +The penalty shall a fine not exceeding (5,000) five thousand AED if the libel or slander is +committed against the victim in the presence of no one else or in a le tter sent thereto by any +means whatsoever. +It shall be considered as an aggravating circumstance if libel or slander is committed in the +cases stipulated in the preceding two paragraphs against a public servant or a person +entrusted with a public service, during, due to or in the occasion of performing such public +service, or if libel is against honour or the reputation of families or appears to achieve any +unlawful purpose. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (428 ) +There is no crime if the perpetrator proves the incident which attrib uted to the victim, +whenever such attribution is against a public servant or a person entrusted with a public +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 131 + service and whenever said incident is connected with the job or service. +In such a case, slander may also be proved if it is committed by the perp etrator personally +and is connected with the incident of libel. +However, proof may not be provided if more than (5) five years have elapsed since the +occurrence of the incident, if the crime has expired for any cause of expiration or if the +judgment issued on it has been forfeited. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (429 ) +There is no crime in any libel or slander included in oral or written defence of the litigants, +within the limits of the right of defence, before courts or investigating authorities. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (430 ) +There is no cr ime if an individual informs in good faith the judicial or administrative +authorities of an act rendering its perpetrator legally liable. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (431 ) +A penalty of incarceration and a fine shall be imposed on anyone who violates the private or +family li fe of individuals by committing any of the following acts in other than the cases as +permitted by law or without the consent of the victim: +1. Eavesdropping, recording or transmitting by any device of any kind whatsoever +conversations made in a private place or by way of telephone or any other device. +2. Taking or transmitting by any device of any kind whatsoever a photo of a person in a +private place. If such acts as set forth in the preceding two cases during a meeting in front +of those present at the meeting, the consent of such persons shall be presumed. +The same penalty shall apply if a person publishes, by any means of publicity, news, photos +or comments related to the private or family life secrets of individuals, even if they are true. +A penalty of incarce ration for a period not exceeding (7) years and a fine shall be imposed +on any public servant who commits one of the acts stated in this Article exploiting the +authority of his job. +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 132 + In all cases, it shall be ruled to confiscate the devices and other items that may have been +used in the crime. It shall also be ruled to erase or destroy the recordings obtained. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (432 ) +A penalty of incarceration for a period not less than one year and/or a fine not less than +(20,000) twenty thousand AED shall be impos ed on anyone who, by reason of his +profession, craft, situation or art is entrusted with a secret and then discloses it in cases other +than those permitted by law, or who uses it for his own advantage or another person's +advantage, unless the person concer ned with the secret has permitted that it be disclosed or +used. +The penalty shall be temporary imprisonment for a period not exceeding (5) five years if the +perpetrator is a public servant or a person entrusted with a public service and if the secret +has b een entrusted thereto during, due to or on the occasion of performing his job or +service. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (433 ) +A penalty of a fine not less than (3,000) three thousand AED shall be imposed on anyone +who opens a letter or telegram, without the consent of the add ressee, or who eavesdrops a +telephone conversation. +The perpetrator shall be punished with incarceration for a period not less than (3) three +months or with a fine not less than (5,000) five thousand AED if he discloses the letter, +telegram or telephone co nversation to any person other than the addressee without his +permission, whenever such disclosure would cause harm to third parties. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (434 ) +A penalty of incarceration shall be imposed on whoever unrightfully copies, distributes to or +provides ano ther person with the content of a phone call, or a letter or information or data +or any other such things to which he has access by virtue of his profession. + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 133 + Section Eight +Crimes Against Property +Chapter One +Theft +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (435 ) +Theft occurs by embezzleme nt of movable property owned by a person other than the +perpetrator and shall be subject to the provisions of the following Articles. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (436 ) +A penalty of life imprisonment anyone who commits theft in which the following +circumstances are fulfilled : +1. If the act is committed at night. +2. If the act is committed by two or more persons. +3. If one of the perpetrators is carrying weapons. +4. If the act is committed in an inhabited place, in a place designated for habitation or in +any building annexed thereto, if e ntering such place has to be realized through scaling, +breaking in, use of duplicate keys, assumption of a public or false entity, pretension to +perform or to be entrusted with a public service, or by using any other unlawful means. +5. If the act is committed with the use of coercion or threat to use weapons. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (437 ) +A penalty of life or temporary imprisonment shall be imposed on anyone who commits theft +in a public road or in any of the land, sea or air means of transportation, in any of the +following cases: +1. If the act is committed by two or more persons, among whom one is carrying weapons. +2. If the act is committed forcibly by two or more persons. +3. If the act is committed at night by one person carrying weapons. +4. If the act is committed by one person carr ying weapons by way of coercion or threat to +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 134 + use weapons. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (438 ) +A penalty of temporary imprisonment shall be imposed on anyone who commits a theft by +way of coercion or threat to use weapons, whether his intent is to acquire the stolen +property, to convert it to his own use or to carry it away. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (439 ) +A penalty of temporary imprisonment shall be imposed on anyone who commits a theft if +the crime is committed at a night by two or more persons among whom one is carrying +weapons. +The same pe nalty shall be imposed for the theft committed at night in an inhabited place by +one single person carrying weapons. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (440 ) +A penalty of temporary imprisonment shall be imposed on anyone who commits a crime of +theft against the weapons or ammuniti on of the Armed Forces or the police. The penalty +shall be life imprisonment if any of the circumstances stipulated forth in article (437) of this +Law is fulfilled. +The penalty shall be detention for a period not less than one year, but not exceeding (5) f ive +years if the theft is committed against supplies or tools used or prepared for use in +telecommunications or other services constructed by the Government or licensed to be +constructed for public benefit. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (441 ) +A penalty of incarceration for a period not less than (2) two years and not exceeding (7) +seven years shall be imposed if the theft is committed larceny in either of the two following +cases: +1. At night. +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 135 + 2. If the perpetrator carries weapons. +The penalty shall be temporary imprisonment for a pe riod not less than (5) five years and +not exceeding (7) seven years if the theft is committed by any of the workers at his working +place or with the intent to harm his employer. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (442 ) +The penalty shall be incarceration for a period not less than one year if the theft is +committed: +1. In any worship venues. +2. In any inhabited place or in any place designated for habitation or any building annexed +thereto. +3. In any means of transportation, or in a station, harbour or airport. +4. Through scaling, breaking in, or by using duplicate keys or master keys without the +authorization of the owner. +5. By a person who assumes a public or false entity or who pretends to perform or to be +entrusted with a public service. +6. By two or more persons. +7. During war against injured perso ns. +8. Against property belonging to any of the authorities stipulated in article (5). +9. Against cattle, riding animals or beasts of burden. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (443 ) +A penalty of incarceration for a period not less than (6) six months or a fine shall be imposed +on anyon e who commits a crime of theft in which none of the circumstances stipulated in +the preceding Articles of this Chapter is fulfilled. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (444 ) +A penalty of incarceration or a fine shall be imposed on anyone who embezzles, in any +manner whatever, the telephone service, any telecommunication service or any other +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 136 + governmental service, or who unlawfully exploits, uses, transfers or empties any of such +services or any current or the like from amongst the things which are used for the +connection or transmis sion of such services. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (445 ) +Attempt of the misdemeanour of theft shall be punishable by half the penalty prescribed for +the consummated crime. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (446 ) +When the Court rules incarceration for one year or more for theft or attempt of theft, it may, +in case of recidivism, order probation for a period not exceeding (2) two years and not +exceeding the period of the adjudged penalty. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (447 ) +A penalty of incarceration for a period not exceeding one year and/or a fine not exceeding +(10,00 0) ten thousand AED shall be imposed on anyone who uses a car, a motorcycle or any +similar vehicle, without the authorization or consent of its owner or the person who is +entitled to make use thereof. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (448 ) +If the perpetrator uses the existence o f riot, commotion, fire or any other disaster, as an +opportunity in order to commit any of the crimes stipulated in the preceding Articles, this +shall be considered an aggravating circumstance. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (449 ) +A penalty of temporary imprisonment shall be i mposed on anyone who, by force or through +threat, obtains a written instrument, a signature thereon, an amendment thereto, +cancellation or destruction thereof. + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 137 + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (450 ) +A penalty of incarceration and a fine shall be imposed on anyone who, through th reat, +compels another person to hand him over money or things other than those mentioned in +the preceding Article. +If the threat is to disclose or attributing disgracing or dishonouring matters to the victim, this +shall be considered an aggravating circums tance. +Attempt shall be punishable by half the penalty prescribed for the consummated crime. + +Chapter Two +Fraud +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (451 ) +A penalty of incarceration or a fine shall be imposed on anyone who, by using fraudulent +practice, assuming a false name or capac ity, takes possession for himself or for others of any +movable property or written instrument, or obtains any signature on such instrument, the +cancellation or destruction thereof or an amendment thereto, whenever it is intended to +deceive the victim and b ring him to hand over such things. the same penalty shall be +imposed on anyone who disposes of a building or a movable property while being fully +aware that it is not his own or that he has no right to dispose thereof; or who disposes of +such things while being fully aware that he has previously disposed thereof or concluded +any agreement thereon, whenever such an act causes harm to others. +If the subject of crime is a property or a written instrument pertaining to the State or to any +of the authorities sta ted in article (5), this shall be considered an aggravating circumstance. +Attempt shall be punishable by incarceration for a period not exceeding (2) two years or a +fine not exceeding (20,000) twenty thousand AED. When ruling incarceration for a period of +one year or more against a recidivist, probation for a period not exceeding (2) two years and +not exceeding the period of the imposed penalty may be ruled. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (452 ) +A penalty of incarceration or a fine shall be imposed on anyone who takes advantage of the +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 138 + need of a minor or convict of the continuity of the guardianship or tutorship thereover, or +who, exploiting his passion or lack of experience, obtains from him a property or a written +instrument, any signature thereon, any amendment thereto, any can cellation or destruction +thereof, in order to harm his interest or the interest of others. Any insane, imbecile or +interdicted person shall be treated as a minor. If the crime is committed by the tutor, +guardian, curator of the victim or by any person havi ng authority over him or in charge of +taking care of his interests, this shall be considered an aggravating circumstance. + +Chapter Three +Breach of Trust and Relevant Matters +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (453 ) +A penalty of incarceration or a fine shall be imposed on anyone who embezzles, uses or +dissipates funds, written instruments or any other movables, in such a manner as to cause +harm to persons entitled thereto, whenever such funds, instruments or movables have been +handed to him by way of trust, lease, mortgage, loan for use or proxy. +In the application of this provision, any partner in a joint property, any agent of necessity +with respect to the property of the concerned party and any person to whom an object is +handed to be used for a specific matter for the benefit of i ts owner or of another, shall be +treated as a proxy. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (454 ) +A penalty of incarceration for a period not exceeding (2) two years or a fine not exceeding +(20,000) twenty thousand AED shall be imposed on anyone who knowingly takes +possession, with in tent of appropriation, of any lost property belonging to another or of a +property which he has acquired wrongfully or due to force majeure. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (455 ) +The penalty prescribed in the preceding Article shall be imposed on anyone who embezzles +or attempts to embezzle a moveable property which he has previously mortgaged to secure +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 139 + the settlement of a debt due from him or from another. +The same penalty shall be imposed on any owner who is appointed custodian of his own +movable property that is subject to jud icial or administrative attachment, and who +embezzles anything therefrom. + +Chapter Four +Hiding Crime Proceeds +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (456 ) +Whoever knowingly possesses or hides any proceeds from a crime without taking part in +committing it shall be punished with the pena lty prescribed for the crime from which he +knows they have resulted. +If the perpetrator does not know that such things are proceeds of a crime, but has obtained +them in circumstances which lead him to believe that their sources are illegal, the penalty +shall be incarceration for a period not exceeding (6) six months and/or a fine not exceeding +(20,000) twenty thousand AED. +The lawsuit shall expire upon the expiry of the principal crime from which such proceeds +have resulted by conciliation. +The court shall rule the returning such things if they are public property. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (457 ) +The perpetrator, under the provisions of the preceding Article, shall be exempted from the +penalty if he takes the initiative to inform the judicial or administrative authorities o f the +crime from which the proceeds have resulted and of the persons who committed such crime +before it is discovered. +If he informs the authorities after the crime is discovered, the court may exempt him from +the penalty if such informing has resulted in the arrest of perpetrators. + + + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 140 + Chapter Five +Usury +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (458 ) +A penalty of incarceration for a period not less than one year and a fine not less than +(50,000) fifty thousand AED shall be imposed on any natural person who deals with another +natural person by usury interest in any kind of civil or commercial transaction, whether such +interest is express or latent. +Latent interest shall include any commission or benefit stipulated by a creditor, if such a +commission or benefit has no corresponding real legal benefit or service provided by the +creditor as a consideration. +A principal debt and latent interest may be proved by all means available. +If the perpetrator takes advantage of the debtor's need, weakness or passion to commit the +crime stipulated in this A rticle, this shall be considered an aggravating circumstance. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (459 ) +A penalty of temporary imprisonment for a period not exceeding (5) five years and a fine not +less than (100,000) one hundred thousand AED shall be imposed on any natural person +who acquires a habit of usury. + +Chapter Six +Gambling +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (460 ) +Gambling is a game whereby each of the parties thereto agrees - in case of losing - to pay to +the winner a certain sum of money or any other thing agreed upon. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (461 ) +Whoever gambl es shall be punished with incarceration for a period not exceeding (2) two +years or a fine not exceeding (50,000) fifty thousand AED. +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 141 + The penalty shall be incarceration or a fine if the crime is committed in a public place or a +place opened to the public o r business premises or a house prepared and equipped for +gambling. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (462 ) +A penalty of temporary imprisonment for a period not exceeding (10) ten years and a fine +not less than (100,000) one hundred thousand AED shall be imposed on anyone who open s +or runs a place for gambling and prepares such a place for admission of people, and anyone +who organizes any game of gambling in a public place or a place opened for the public or in +any place or house prepared for such purpose. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (463 ) +In all ca ses, any money or tools which may have been used in gambling shall be seized and +confiscated. The court shall also order the closure of the premises or place designated for +gambling, and it may not be authorized to reopen unless it is designated for a lawf ul purpose +and after the approval of the Public Prosecution. + +Chapter Seve n +Damage to Property and Crimes Against Animals +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (464 ) +A penalty of incarceration for a period not exceeding one year and/or a fine not exceeding +(10,000) ten thousand AED shall be imposed on anyone who, in any manner whatsoever, +demolishes or damages any movable or immovable property belonging to another person, +or puts it out of use or out of service. +The penalty shall be incarceration if the crime results in disrupting any publ ic utility or any +facility with public benefit or in endangering people's life, safety or health. +The penalty shall be temporary imprisonment for a period not exceeding (5) five years if the +crime is committed by a gang of at least three persons. + +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 142 + " +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (465 ) +A penalty of incarceration and/or a fine shall be imposed on: +1. Any person who cuts down, plucks out or destroys a tree, or a graft therein, or peels it in +such a manner as to cause its death. +2. Any person who destroys existing crops, any plants or seede d fields or who disseminates +any noxious substance or plant therein. +3. Any person who damages or puts out of use in any manner any agricultural machines or +tools. +That is if the damaged things mentioned in the preceding Paragraphs belong to another +person. +The penalty shall be temporary imprisonment for a period not exceeding (5) five years if the +crime is committed by three or more persons or by two persons one of whom is carrying +weapons. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (466 ) +A penalty of incarceration and/or fine shall be imposed on: +1. Anyone who deliberately and without justification kills or seriously injures a riding or +pulling animal, a beast of burden or cattle. +2. Anyone who destroys or poisons any fish existing in a water source place or basin. +3. Anyone who leaves a stray animal in conditions that poses a danger to people. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (467 ) +Attempt of any misdemeanour stipulated in the two preceding Articles shall be punishable +by half the penalty prescribed for the consummated crime. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (468 ) +A penalty of incarceration for a per iod not exceeding one year or a fine not exceeding +(50,000) fifty thousand AED shall be imposed on whoever damages, relocates or removes a +perimeter or mark intended for measuring areas, or for land settlement or demarcation of +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 143 + boundaries that divide prope rties. The penalty shall be incarceration if the crime is +committed with the intention of usurping any of the lands referred to. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (469 ) +If any of the crimes stipulated in the preceding Articles of this Chapter is committed at night +or with the use o f violence against persons, or if the perpetrator carries weapons or takes +advantage of the existence of riot, commotion or public disaster to commit the crime, this +shall be considered an aggravating circumstance. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (470 ) +When ruling incarceration f or a period of one year or more against a recidivist in any of the +crimes stipulated in the preceding Articles of this Chapter, the court may rule probation for a +period not exceeding (2) two years and not exceeding the period of the imposed penalty. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (471 ) +A penalty of incarceration for a period not exceeding one year or a fine not exceeding +(10,000) ten thousand AED shall be imposed on anyone who, deliberately and without +justification, kills or poisons any domesticated or tamed animal other than t hose stated in +article (466). + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (472 ) +A fine not exceeding (5,000) five thousand AED shall be imposed on anyone who harasses, +tortures or maltreats a domesticated or tamed animal, as well as anyone who abstains from +caring for such animal when he is entrusted therewith or is duly bound to take care of it. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (473 ) +A fine not exceeding (3,000) three thousand AED shall be imposed on anyone who, by his +fault, causes wounds or injuries to any animal or cattle belonging to another person, and if +such fault causes the death of such animal, the penalty shall be a fine not exceeding +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 144 + (10,000) ten thousand AED. + +Chapter Eight +Trespass on the Property of Others +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (474 ) +A penalty of incarceration for a period not exceeding one year or a fine not exceeding +(10,000) ten thousand AED shall be imposed on anyone who enters an inhabited place, a +place designated for habitation or any building annexed thereto, or a place designated to +safeguard money or property, against the will of the concerned person, and in ca ses other +than those stipulated in the law, as well as anyone who remains in such place against the +will of the person entitled to drive him out, or if he conceals himself out of sight of the +person who has such a right. The court shall p order the evictio n of the convict from the +crime scene. + +Chapter Nine +Beggary +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (475 ) +A penalty of incarceration for a period not exceeding (3) three months and a fine not +exceeding (5,000) five thousand AED shall be imposed on anyone who commits the crime +of beggary w ith the aim of obtaining a material or in -kind benefit in any form or means. +It shall be considered an aggravating circumstance if the beggary is committed in the +following cases: +1. If the beggar is healthy or has an apparent source of livelihood. +2. If the be ggar has faked injury or permanent disability, has pretended to perform a service +for others, or has used any other means of deception and fraudulent persuasion with the +intention of influencing others to gain their sympathy. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (476 ) +A penalty of inc arceration for a period not less than (6) six months and a fine not less than +Federal Law by Decree of 2021 Promulgating the Crimes and Penalties Law 145 + (100,000) one hundred thousand AED shall be imposed on anyone who manages the crime +of organized beggary that is committed by an organized group of two or more people. +The same p enalty shall be imposed on whoever recruits persons to the State to use them in +the crime of organized beggary. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (477 ) +A penalty of incarceration for a period not less than (3) three months and/or a fine not less +than (5,000) five thousand AED shall be imposed on anyone who participates in the crime of +organized beggary. It shall be considered an aggravating circumstance if the perpetrator of +the crime of organized beggary is a tutor, guardian or carer of the beggar or has direct +authority over him. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (478 ) +When issuing a judgment of conviction, the court may order the confiscation of the seized +objects and funds that have been used or would have been used in the crime or have been +the subject of the beggary crime or gained therefrom; and if any such objects or funds +cannot be seized, the court shall impose a fine equivalent to their value, all without +prejudice to the rights of bona fide third parties. The court shall order the deportation of the +foreigner. + +" +security and safety,Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law,"Article (479 ) +The Public Prosecution m ay refer the accused in the crime of beggary to the competent +entities instead of filing the criminal lawsuit, in order to provide him with social care or +qualify him to work if he is a citizen of the State and it is established that he is compelled, or +unable to earn money and has no other source of livelihood. Federal Law by Decree +promulgating the Penal Code + + " +justice and juiciary,Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables,"Article (1) +Definitions +For the purpose of applying the provisions of this Decree Law, the following words and +expressions shall denote the meanings assigned thereto respectively, unless the context requires +otherwise: + The State: : The United Arab Emirates . + The Ministry : The Ministry of Finance . +The Minister : The Minister of Finance. +The Person : The Natural or Legal Person. +Factoring : A transaction whereby the Transferor transfers the current and / or future +receivables to the Transferee, or an agreement between the parties that the +Transferor shall retain the entries relating to and collect the receivable +transferred and to afford protection to the Transferee in case the Receivable's +Debtor defaults on payment. +Transfer : An agreement whereby the Transferor transfers to the Transferee its +contractual rights for collecting a monetary amount owed by the +Receivable's Debtor. The transfer involves an agreement to create a security +interest over the receivable, to transfer as a collateral and irrevocably sell the +same. +Transferor : The person w ho transfers the receivable to the Transferee . +Transferee : The person to whom the receivable is transferred. Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables 3 + Competing +Claimant + : Includes: +1. The other Transferee to whom the Transferor transfers the same +receivable, including the person who claims a legally prescribed right to the +receivable transferred on the grounds of a right over the other property of +the Transferor. + 2. The Transferor's creditor . + 3. Bankruptcy Trustee . +Receivable : A contractual right to satisfy sums of money owed to the Transferor by the +Receivable's Debtor. +Receivable's +Debtor : The person indebted with the receivable transferred. + +Current +Receivable : The receivable that comes into existence before the transfer agreement is +concluded or when the same is being concluded. +Future +Receivable : The receivable that comes into existence after the transfer agreement is +concluded. +Notice of +Transfer : A written notice whereby the Transferor defines both the receivable +transferred and the Transferor. +Original +Contract : The contract entered into by the Transferor and Receivable's Debtor and +whereby the receivable is created. +Proceeds : Each and every amount received from the receivable transferred, whether +completely or partially, including all sums picked up as revenue, and not +including the goods returned. +Registration : The entry recorded on the Register and indicating the transfer of a receivable +or any amendment or revocation of such registration according to the +provisions of the above -cited Federal Law No. (4) of 2020. +Register : The electronic register designated for the registration of rights over the +movable property. Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables 4 + Ancillary +rights : Any personal or in -rem rights that secure payment of the receivable +transferred, including the security interest over the goods, collaterals and +credit insurance. +In writing : The information created, transmitted, received or stored in a written form or +by electronic means, including modern means of communication. + +" +justice and juiciary,Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables,"Article (2) +Applicability +1. The provisions of this Decree Law shall apply to any transaction carried out in the context of +commercial or civil transactions, even if through a regulated financial market, and whether +involving the right to recourse against the Transferor or not. +2. The provisions of this Decree Law shall not apply to the transfer of receivables that arise out +of the following situations: +a. The transactions carried out by any person for his personal, family or household purposes; +b. The financial contracts regulated by netting agreements; +c. Foreign exch ange transactions; +d. Systems and agreements of interbank payment, netting systems and adjustment relating +to securities, assets or other financial instruments; and +e. Buyback of securities, assets or financial instruments deposited with a broker. +3. The provisions of this Decree Law shall not apply to the following cases: +A. The right to payments proven under endorsable instruments; +B. The right to payments deposited into the credit accounts with banks; and +C. The right to payments under securities, documentary credits and letters of guarantee. +4. Nothing in this Decree Law may prejudice the rights and obligations of the transferor and +Receivable's Debtor arising out of the law that govern the protection of the parties to +transactions made for personal, household or family purp oses. + + Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables 5 + " +justice and juiciary,Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables,"Article (3) +Will of the Parties +Subject to the provisions of article (17.2) hereof, the Transferor, Transferee and Receivable's +Debtor may enter into an agreement that defines the provisions regulating their respective rights +and duties, provided that such agreement may not prejudice the rights of Third Parties not +involved in such agreement. + +Chapter II +Effect of Transfer between the Parties +" +justice and juiciary,Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables,"Article (4) +Validity of Transfer +1. Once created, the transfer shall become a binding contract, unless either party retains the +right to unilaterally terminate the same. +2. The transfer shall become effective vis -à-vis the transferor and transferee even if the +Receivable's Debtor receives no notice of transfer. +3. The transfer shall become effective between the transfe ror and transferee and vis -à-vis the +Receivable's Debtor and co- claimant, while the transferee shall retain the priority right, even +if the transfer involves more than one receivable or divisible or indivisible rights over a +receivable. +4. The transfer shall become effective provided that the receivables covered by the transfer are +generally or specifically described in such a way that helps identify them, including their +description as the entire current receivables of the transferor, the entire future receiv ables of +the transferor, or a specific or general category or type of such receivables. +5. The transfer of one or more future receivables shall become effective with no need to engage in any new transaction for transferring any of which on a case -by-case basi s. + Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables 6 + " +justice and juiciary,Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables,"Article (5) +Other Contractual Rights +1. The transfer shall secure one or more current or future obligations that are defined or capable +of being defined, conditional or unconditional, fixed or changeable. +2. Any restriction affecting the transferor's righ t to transfer the receivables shall neither take +effect nor affect the validity or enforceability of the transfer, and the Receivable's Debtor may +invoke any netting rights or interests vis -à-vis the transferor, and the transferee shall not be +held liable for any breach of the provisions that restrict the transfer provided for in the original contract. + +" +justice and juiciary,Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables,"Article (6) +Transfer of Ancillary Rights +1. Ancillary rights shall be transferred to the transferee with no new action taken for their transfer, +unless the Law that prescribes such a right requires the transferor to take a new action for +transferring the right to the transferee. In which case, the transferor shall be required to transfer +such a right together with any proceeds to the transferee. +2. Ancillary rig hts shall be transferred pursuant to the provisions of Clause (1) of this Article, even +if there is an agreement made between the transferor and Receivable's Debtor or any Third +Party who creates such rights, and which restricts the right of the transferor to transfer the +receivable or the extra right by any means whatsoever. + +Chapter III +Enforceability Vis -à-vis Third Parties and Priority +" +justice and juiciary,Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables,"Article (7) +Enforceability Vis -à-vis Third Parties by Registration and Priority of +Transferee's Rights Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables 7 + 1. The enforceability of transfers vis -à-vis third parties shall be subject to the provisions of +Chapter V of the above -cited Federal Law No. (4) of 2020. +2. The transfer of receivables governed by the provisions of this Decree Law shall only become +effective vis -à-vis Third Parties after being recorded on the Register. +3. The provisions of enforceability against Third Parties and the priority of transferees' rights +over the proceeds of receivable transferred under article (11) of the above -cited Federal Law +No. (4) of 2020. + +" +justice and juiciary,Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables,"Article (8) +Priority among Competing Claimants +The provisions of the above -cited Federal Law No. (4) of 2020 shall apply to the following: +1. Determine the priority of rights of the transferees over the receivable as per registration priority. +2. Determine the priority of obligations assumed by the transferor and which arise following the registration and on the future receivable. +3. Determine the priority of the transfer against non- contractual rights, including the rights of +bankruptcy trustee, judg ments creditors, debts due to the State and the transferor's +employees. + +Chapter IV +Rights, Obligations and Defenses of Transferor and Transferee +" +justice and juiciary,Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables,"Article (9) +The mutual rights and obligations of the transferor and transferee and arising out of their +agre ement shall be subject to the terms and conditions set out in such agreement. + + + + Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables 8 + " +justice and juiciary,Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables,"Article (10) +Transferor's Acknowledgment +1. The receivables transfer agreement shall include the following undertakings and covenants +on the part of the transferor upon the completion of transfer: +a. That he has the authority to transfer the receivable. +b. That he has never transferred the receivable to any other transferee. +c. That the Receivable's Debtor shall have no right to raise any objection or make a set -off, +subject to the provisions of article (16) of this decree law. +2. The transferor shall not guarantee the ability of the Receivable's Debtor to make current or future repayment of the debt. + +" +justice and juiciary,Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables,"Article (11) +The Right to Notify Debtor +1. The transferor and transferee may each serve notices and instructions to the Receivable's +Debtor. In case the Receivable's Debtor receives such a notice, the right shall be limited to +issuing instructions for payment to the transferee. +2. The notice of transfer or payment instructions served pursuant t o the provisions of Clause +(1) of this Article shall be effective for the purposes of article (15) of this decree law, even if +their sending constitutes a breach of a particular agreement, provided that the same shall not +prejudice any obligation or liability on the party breaching the agreement for any damage +arising out of such breach. + +" +justice and juiciary,Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables,"Article (12) +The Right to Satisfy +1. Whether the notice of transfer is sent or not, the rights of the Transferor and Transferee shall +be determined based on the following: +a. If the receivable transferred is paid to the Transferee, the latter may retain the proceeds +and goods returned and which relate to the receivable transferred. Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables 9 + b. If the receivable transferred is paid to the Transferor, the Transferee shall be entitled to +pick up the proceeds and tangible movable property relating to the receivable transferred +and which has been returned to the Transferor. +c. If the receivable transferred to a Third Party of a lower priority rank than that of the Transferee, the Transferee shall be entitled to pick up the proceeds and tangible movable +property retuned to such Third Party and which are relating to the receivable transferred. +2. The Transferee may not satisfy any items in excess of his rights over the receivable. + +" +justice and juiciary,Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables,"Article (13) +1. Without prejudice to the provisions of this Decree Law, the transfer shall not affect the rights +and obligations of the Receivable's Debtor, including the payment terms set out in the original contract, unless accepted by the same. +2. The payment instructions may inv olve an amendment to the person, address or account +required to be fulfilled by the Receivable's Debtor, but in all cases, the amendment may not involve any of the following: +a. The currency of payment defined in the original contract; or +b. The Country of payme nt defined in the original contract, so that no other Country where +the Receivable's Debtor is not located may be involved. + +" +justice and juiciary,Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables,"Article (14) +Notice to Receivable's Debtor +1. To notice of transfer or payment instructions shall become effective once received by t he +Receivable's Debtor if they are executed in the same language of the original contractor or in +any other language of which the notice recipient is excepted to be aware. +2. The notice of transfer or payment instructions may relate to a receivable that comes into +existence after the notice is served. +3. If the same receivable is transferred in a consecutive way, the notice of subsequent transfer shall constitute a notice for all prior transfers. Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables 10 + " +justice and juiciary,Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables,"Article (15) +Discharge of Receivable's Debtor through Repayment +1. If the Receivable's Debtor pays off the debt according to the conditions of the original contract +before the notice of transferred is received by it, such debtor shall be discharged from the +transfer. +2. Without prejudice to the provisions of this Article, after the Receivable's Debtor receives the +notice of transfer, the Receivable's Debtor shall only be discharged from debt when the +receivable transferred is paid to the Transferee or according to the payment instructions set +out in the notice of transfer or mentioned in a subsequent written notice sent from the +Transferee to the Receivable's Debtor. +3. If the Receivable's Debtor receives multiple payment instructions relating to the transfer of +the same receivable and from the same Transferor, such debtor shall be discharged from debt +if payment is made by it according to the last payment instructions received from the Transferor before payment is made. +4. If the Receivable's Debtor receives several notices relating to several transfers over the same +receivable and fro m the same Transferor, the Receivable's Debtor shall be discharged from +debt if the receivable is paid by it according to the first notice received. +5. If the Receivable's Debtor receives a notice relating to one or more subsequent transfers, such +debtor shall be discharged from debt if payment is made by it according to the notice relating +to the last of such subsequent transfers. +6. If the Receivable's Debtor receives a notice of transfer relating to part or an undivided part of +one or more receivables, suc h debtor shall be discharged from debt if payment is made by it +according to the notice of transfer received or according to the provisions of this Article as if +the Receivable's Debtor has not received the notice. +7. If the Receivable's Debtor pays off the d ebt according to the notice of transfer set out in (6) of +this Article, such debtor shall be discharged form debt in proportion to the part or undivided +part settled by it. Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables 11 + 8. The Receivable's Debtor may, when a notice of transfer is received from the Transfe ree, +request the Transferee to furnish, within seven (7) business days, a proof that the transfer has +been created between the First Transferor and First Transferee and any other transfers made. +If the Transferee fails to do the same, the Receivable's Debt or shall be deemed discharged +form debt when the debt is paid off by it according to the provisions of this Article, as if the +same has not received a notice from the Transferee. Any written instrument executed by the +Transferor shall serve as sufficient e vidence for the occurrence of the transfer. +9. The provisions of this Article shall not affect any other reason for releasing the Receivable's +Debtor from debt as a result of payment of the receivable to any eligible person, competent +judicial authority or an y other competent authority. + +" +justice and juiciary,Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables,"Article (16) +Defenses and Netting Right of Receivable's Debtor +If the Transferee institutes legal proceedings against the Receivable's Debtor to claim settlement of the receivable transferred, the Receivable's Debtor may invoke the following vis -à-vis the +Transferee: +1. All legal defenses and netting rights arising out of the original contract or any other contract +that is deemed part of the same transaction, and of such the Receivable's Debtor shall take +advantage as if the transfer has never take place and that the claim has been made by the +Transferor. +2. Any other netting right established in favor of the Receivable's Debtor once the notice of transfer is received. + +" +justice and juiciary,Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables,"Article (17) +Agreement to Not Invoke Defenses or Netting Rig hts +1. The Receivable's Debtor may enter into a written agreement with the Transferor to waive the right to invoke any objection or to invoke the netting right that is prescribed in its favor +pursuant to article (16) of this Decree Law vis -à-vis the Transfere e. Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables 12 + 2. The Receivable's Debtor may not waive the following objections: +a. The objections arising out of fraudulent acts committed by the Transferee. +b. Any objections relating to the lack of eligibility of the Receivable's Debtor. +3. The Receivable's Debtor may amend the waiver, so that such amendment shall be executed +in writing, and the effect of such amendment with regard to the Transferee shall be subject to +the provisions of article (18.2) of this Decree Law. + +" +justice and juiciary,Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables,"Article (18) +Amendment of Original Contract +1. The agreem ent entered into by the Transferor and the Receivable's Debtor prior to the notice +of transfer, and which affects the rights of the Transferee, shall become effective vis -à-vis the +Transferee and shall entitle the latter to the rights arising out of such agreement. +2. The agreement entered into by the Transferor and the Receivable's Debtor following the notice of transfer shall become effective only in the following cases: +a. If approved by the Transferee; or +b. If the transfer is relating to future receivables. +3. The application of (1) and (2) of this Article shall not prejudice any right of the Transferor or +Transferee arising out of the agreement entered into by them. + +" +justice and juiciary,Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables,"Article (19) +Recovery of Payments +The Receivable's Debtor may neither request the Transferee to get back the amount paid by it nor +make any claim from the Transferor, in the event that the Transferor is in breach of its obligations +under the original contract. + + + + Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables 13 + " +justice and juiciary,Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables,"Article (20) +Collection of Receivable +1. If the transfer takes the form of a security int erest created over the receivable or if the transfer +itself is made as a security interest: +a. When the breach is committed by the Transferor, the Transferee shall have the right to +collect the payments from the Receivable's Debtor according to the provisions of both this +Article and article (21) of this Decree Law. +b. Prior to the Transferor's breach, the Transferee may exercise its right to collect the +receivable if so approved by the Transferor. +2. In the event of sale of the receivable, the Transferee shall be entitled to collect the receivable +at any point of time once it falls due. +3. The Transferee, who exercises the right to collection of the receivable under this Article, may +enforce its right against of the ancillary rights. + +" +justice and juiciary,Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables,"Article (21) +Disposition +The Tra nsferee may collect its rights over the receivable by any means agreed upon under the +transfer agreement or under Chapters VII and VIII of the above -cited Federal Law No. (4) of 2020. + +Chapter V +Laws Applicable to Transfer of Receivables +" +justice and juiciary,Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables,"Article (22) +Law Applicable to Transfer of Receivables +1. The law applicable to the creation and enforceability of the transfer of receivables vis -à-vis +third parties, priority rights, enforcement of the transfer of receivable and proceeds shall be +determined based on Article (42) of the above -cited Federal Law No. (4) of 2020. +2. The following matters shall be subject to the law that governs the rights and obligations of the +Debtor and Transferor: Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables 14 + a. The rights and obligations of both the Transferee and Receivable's Debtor; +b. The cas es where the transfer may be invoked vis -à-vis the Receivable's Debtor, including +the latter's right to rely upon the agreement that restricts the rights of the Transferor of the +receivable. + +" +justice and juiciary,Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables,"Article (23) +Enforcement of Other Laws +The provisions of above -cited Federal Law No. (4) of 2020 shall apply to the transfer of +receivables governed by this Decree Law, insofar as they do not go against the provisions of this +Decree Law. + +Chapter VI +Final Provisions +" +justice and juiciary,Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables,"Article (24) +Prior Transactions and Adjustmen t of Affairs +1. The Transferee may have the transfer arising out of any transaction carried out prior to the +date of entry into force of this Decree Law recorded on the Register without the approval of +the Transferor, within six (6) months of the date of entry into force of this Decree Law. +2. The priority of transfer that is registered within the time limit described in Clause (1) of this Article shall take effect as of the date of being enforceable vis -à-vis Third Parties according to +the provisions of law whereby the transfer is created. Other than that, the transfer shall +become effective and enforceable vis -à-vis Third Parties once recorded on the Register. + +" +justice and juiciary,Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables,"Article (25) +Regulatory Aspects +The factoring business may only be carried on in the State after a relevant license is obtained from +the Central Banks and according to the terms and conditions to be defined under a resolution of +the Central Bank. Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables 15 + " +justice and juiciary,Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables,"Article (26) +Repeal of Legislation +Each provision that goes against or is repugnant to the provisions of t his Decree Law shall be +repealed. + +" +justice and juiciary,Federal Decree- Law No. (16) Of 2021 On Factoring And Transfer Of Receivables,"Article (27) +Publication and Entry into Force +This Decree Law shall be published in the Official Gazette and shall enter into force ninety (90) +days following its publication date. + + + +Khalifah Bin Zayed Al Nahyn +UAE President + + +Issued by us at the Presidential Palace in Abu Dhabi On: + Muharram 20, 1443 AH +Corresponding to: August 29, 2021 " +justice and juiciary,Federal Decree by Law No. (1) of 2001 Concerning the Guard of the State’s Land and Sea Borders,"Article (1) +The following terms and phrases shall have the meanings assigned next to each, unless the +context requires otherwise: +Stat e : United Arab Emirates. +Armed +Forces : The armed forces of the United Arab Emirates. +Land +Borderline : The border separating the State's terrestrial territory from other +terrestrial territories of neighboring states. +Land +Border Area : The distance extending from the borderline to the end of forty +kilometers inside the State's territory, or as determined in +Federal Decree of 2001 Concerning the Guard of the State’s Land and Sea Borders + 3 + accordance to the Border Agreement signed with neighboring +States. + +Ports + : Entries and exits located within the land border area as approved +by the State's competent authorities. + +Roads, +Pathways, +and Tracks : Places allocated by the State's competent authorities and armed +forces, for crossing within land border areas, from and to land +ports and border guard's centers and checkpoints . +Vehicles : All modes of land transport. +Sea Regions : All of the State's sea areas designated in accordance with the +provision of Federal Law No. (19) of 1993. +Sea Border : The border separating the State's sea regions from the sea regions +of neighboring States. +Border +Guard, +Coast +Guard : The competent authority within the armed forces, entrusted with +implementing the provisions of this Decree by Law, each in its +own jurisdiction . +Ship + : : Every medium which operates or is designed to operate in a +marine environment, without regards to i ts power, load, or +purpose of its navigation, and it includes ships and boats move +using slides, and vehicles that move using airbags above the water +surface, and seaplanes. + +Federal Decree of 2001 Concerning the Guard of the State’s Land and Sea Borders + 4 + +" +justice and juiciary,Federal Decree by Law No. (1) of 2001 Concerning the Guard of the State’s Land and Sea Borders,"Article (2) +The Armed forces shall have the responsibility of guarding the land and sea borders of the +State. All the ""affairs"" regarding the protection of seashores at the Ministry of Interior shall be +transferred to the armed forces and all responsibilities of the M inistry of Interior regarding the +protection of seashores shall be cancelled. + +" +justice and juiciary,Federal Decree by Law No. (1) of 2001 Concerning the Guard of the State’s Land and Sea Borders,"Article (3) +The Armed Forces shall undertake all responsibilities essential to the protection of sea and +land barriers and the enforcement of laws in this respect. They have the right to fire at any +smuggler and infiltrator in the sea and border zones in accordance with the instructions of the +general chief officers of the Armed Forces. In protecting the land and sea borders the Armed +Forces shall have the following specific tasks : +A. Tasks of the land border guards: +a. The guarding of all land borders, roads, tracks, paths, and passages. +b. Fighting the smuggling and infiltrators in the land border zones, and all types of +persons and machines may be stopped and searched. +c. Early warning regarding any suspect activity on the land border lines in the border +zones. +d. Concluding reports on all accidents that take place in the land border zones. +e. Providing assistance in search and rescue operations in the land and border zones. +f. Guarding l and vehicles during its crossing of land borders and watch it as it travels +on roads and tracks. +g. Safeguarding archaeological places regarding national heritage and conserving the +Federal Decree of 2001 Concerning the Guard of the State’s Land and Sea Borders + 5 + environment and sea riches within land borders according to applicable laws. +B. Tasks of the seashore guards: +a. The guarding of sea boundaries bordering other nations, early warning on any +suspect activity through sea patrols, setting up all necessary establishments on the +seashores and the islands of the state or by any other means necessary. +b. Preventing the violation of State laws and security, custom, immigration, health, and +environmental regulations. +c. Search and rescue operations and providing assistance in emergencies. +d. Guarding sea navigation with the Ministry of Communicat ions and port authorities +and reporting navigation dangers. +e. Protection of petrol establishments, cables, and sea pipelines. +f. Protection of means of facilitating navigation, navigation facilities and other +establishments. + +" +justice and juiciary,Federal Decree by Law No. (1) of 2001 Concerning the Guard of the State’s Land and Sea Borders,"Article (4) + +1. Subject to Articles 2 and 3 above of this Decree, by a decision the Minister of Interior +with consultation with the Minister of Defense, port police to be established having as its +task the keeping of safety and security in the ports and the gulfs. +2. To carr y out this article, there shall be special provisions in the general accounts of the +Ministry of Interior. + +" +justice and juiciary,Federal Decree by Law No. (1) of 2001 Concerning the Guard of the State’s Land and Sea Borders,"Article (5) +The Minister of Defense or the General Chief of Staff of the Armed Forces shall specify the +Federal Decree of 2001 Concerning the Guard of the State’s Land and Sea Borders + 6 + conditions for the operation of the internal waters or stopping in the ports of the State. + +" +justice and juiciary,Federal Decree by Law No. (1) of 2001 Concerning the Guard of the State’s Land and Sea Borders,"Article (6) +In compliance with public international law, the Minister of Defense may issue decisions in +relation to the following: +1. Temporary suspension of operation or crossing of foreign ships in designated areas of +the territorial waters of the State. +2. Safety of navigation and organizing sea crossing. +3. Designating and allocating areas for the organization of sea passage in the territorial +waters. + +" +justice and juiciary,Federal Decree by Law No. (1) of 2001 Concerning the Guard of the State’s Land and Sea Borders,"Article (7) + +1. Officers and individuals of land and sea border guards are considered law officers and as +such they may undertake the rights granted by this law or by Federal Law no. 35 of 1992. +2. Land border guards may arrest infiltrators and their assistants and chase them over +private and public property wh enever this is necessary. +3. In compliance with public international law, any foreign ship may be seized and +searched whenever there are reasonable grounds to believe that the ship has violated +the laws and regulations of the State. +4. Nothing in this article contravenes the right of fast chasing [hot pursuit?] as subscribed +by public international law. + +" +justice and juiciary,Federal Decree by Law No. (1) of 2001 Concerning the Guard of the State’s Land and Sea Borders,"Article (8) +Federal Decree of 2001 Concerning the Guard of the State’s Land and Sea Borders + 7 + Courts and Prosecution of the Federal capital shall be competent to examine violations of +articles 5, 13, 14, 18 and 20 of Federal Law no. 1 9 of 1993, articles 34, 40 and 44 of Federal +Law no. 23 of 1999, articles 21, 27, 31, 34 and 26 of Federal Law no. 24 of 1999 + +" +justice and juiciary,Federal Decree by Law No. (1) of 2001 Concerning the Guard of the State’s Land and Sea Borders,"Article (9) +The General Chief of Staff of the Armed Forces shall issue the decisions necessary for the +implementation of this Fed eral Decree by Law. + +" +justice and juiciary,Federal Decree by Law No. (1) of 2001 Concerning the Guard of the State’s Land and Sea Borders,"Article (10) +The Ministers and all concerned authorities in the Emirates shall comply with the relevant +provisions of this decree of a law. + +" +justice and juiciary,Federal Decree by Law No. (1) of 2001 Concerning the Guard of the State’s Land and Sea Borders,"Article (11) +All provisions in contravention of this decree of a law are hereby repealed. This l aw shall be +published in the Official Gazette and shall become effective on the day it is published. + +Zayed bin Sultan Al Nahyan +President of the United Arab Emirates +Issued by us in the Presidential Palace in Abu Dhabi +Issued on: 13 Rajab 1422 A.H. +Corresponding: 30 September 2001 AD + + " +justice and juiciary,Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (1) +Definitions +The definitions set forth in Federal Decree -Law No. (46) of 2021, referred to hereinabove, +shall be applied to this Resolution; otherwise, the following words and expressions shall +bear the meanings assigned thereto respectively, unless the context requires otherwise : +Decree -Law + + : Federal Decree -Law No. (46) of 2021, on Electronic +Transactions and Trust Services . Cabinet Resolution on the Executive Regulations of Federal Decree -Law on Electronic Transactions and Trust Services 2 + Competent +Authority : The authority that issues the Trade License. +Termination Plan : A document that sets out the procedures related to the +Licensee’s plan and preparedness to terminate the services +outlined in the License, pursuant to the Decree -Law and this +Resolution and the resolutions issued by the TDRA in +implementation of both of which, and the requirements of the +Competent Authorities. +Service Practice +Statement : A statement of p ractices used by the Trust Service Provider and +the Qualified Trust Service Provider in the management and +operation of services. +Service Policy : A specific set of rules setting out policies, procedures, technical +data, roles and responsibilities related to the management and +operation of Trust Services and Qualified Trust Services. +Subscriber : A Person that enters into a contract with the Trust Service +Provider or with the Qualified Trust Service Provider to benefit +from Trust Services or Qualified Trust Services provided by +such provider. +Status of +Qualified Service +Provider : The status granted or withdrawn by the TDRA, as per the term +of qu alification and as listed in the UAE Trust List, which +confirms that the Qualified Trust Service Provider that provides +such service is qualified for providing the same. +Encryption : A process intended to protect the confidentiality of data and +information by converting data from a readable and +understandable format into a non -understandable format in +the form of codes, characters and figures. + + Cabinet Resolution on the Executive Regulations of Federal Decree -Law on Electronic Transactions and Trust Services 3 + " +justice and juiciary,Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (2) +License Application +1. The TDRA shall publish necessary information on all procedures, application form s +and infor mation requ ired for the License purposes , on the website o f the TDRA or by +any means it deems appropriate. +2. The License application shall include all information required by the TDRA , and such +information shall b e provided by methods and means determined by the TDRA. +3. The License applicant shall abide by all procedures and shall use application forms +determined by the TDRA. +4. The TDRA shall determine documents and data to be incl uded in the Li cense +application, including the following documents and data: +a. A copy of the License issue d by the Competent Authority or other documents +that authorize the Licensee to carry out the business activities in the State; +b. Description of com mercial activities unrelated to Trust Services and Qualified +Trust Services authorized to be practiced by the License applicant; +c. Details of the License applicant’ s business office in the State; +d. A copy of the License applicant’s action plan showing the na ture and strategy +of business, objectives, mar keting plans and the service provision plan; +e. Type of the trade license and partners' equity interests , if any, and the License +applicant’s organizational structure ; +f. Details of institutional and operational capa cities of the License applicant; +g. A report on the Compliance A ssessment for a period not exceeding one month; +h. A copy of the documents submi tted during the process of the Compliance +Assessment referred to in Subclause (g) above; +i. A service Termination Plan, pursuant to the provisions of article (18) +hereunder; Cabinet Resolution on the Executive Regulations of Federal Decree -Law on Electronic Transactions and Trust Services 4 + j. A financial report for the last fiscal year to be drawn up by an auditor +accredited in the State, confirming the availability of financial resources +equivalent to (AED 5,000,000) five million dirha ms; +k. Providing a bank guarantee or security as identified by the TDRA, and which +shall be automatically r enewed upon the license renewal; and +l. A proof of payment of the License application fees , as per the means set by the +TDRA. + +" +justice and juiciary,Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (3) +License Application Examination Procedures +1. The TDRA shall complete and examine the L icense application and shall verify the +information and documents submitted, within a month following the completion date +of the application . In cases that require more time for review and verification , the +License applicant shall be notified of the further updated period . +2. In the event of any justifiable alterations of the data or documents submitted in the +License application, or where t he Li cense applicant desires to cancel the License +application, the latter shall so notify the TDRA and shall bear the relevant fees and +costs. +3. The TDRA may relieve the License applicant from certain licensing requirements set +out in this Resolution and the resolutions issued by the TDRA. + +" +justice and juiciary,Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (4) +TDRA Decision After the License Application Examination +1. The TDRA shall issue its decision after reviewing and examining the License +application as follows: +a. Approving the License application for providing Trust Services or specific +Qualified Trust Services if the TDRA is convinced that the License applicant has +fulfilled the requirements set forth in the Decree -Law and this Resolution and Cabinet Resolution on the Executive Regulations of Federal Decree -Law on Electronic Transactions and Trust Services 5 + the resolutions issued by the TDRA in implementation of both of which , and +the requirements of the Competent Authorities. +b. Rejecting the License application for providing Trust Services or sp ecific +Qualified Trust Services if the TDRA is convinced that the License applicant has +not fulfilled the requirements set forth in the Decree -Law and this Resolution +and the resolutions issued by the TDRA in implementation of both of which , +and the requir ements of the Competent Authorities. +2. Where the TDRA appr oves the License application for providing Trust Services or +Qualified Trust Services set out in the application: +a. The TDRA shall issue a L icense authorizing the applicant to provide the +approved Trust Services or Qualified Trust Services subject to payment of the +License issuance fees; and +b. The TDRA shall update the UAE Trust List according to the Licens e decision on +the basis of each Trust Ser vice or Qualified Trust Service set out in the License. +3. If the License application for providing Qualified Trust Services set out in the +applicatio n is approved , the TDRA shall grant the License applicant a License +authorizing the same to provide such services, s hall grant the License applicant the +Status of Qualified Service Provider, and shall update the UAE Trust List accordingly +on the basis of each Qualified Trust Service set out in the License. + +" +justice and juiciary,Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (5) +Power to Issue the License +The TDRA shall issue the License decision following the approval of the Chairman or his +delegate. +" +justice and juiciary,Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (6) +Term of the License +The term of the License shall be two years, comm encing from the date of issuing the +License. Cabinet Resolution on the Executive Regulations of Federal Decree -Law on Electronic Transactions and Trust Services 6 + " +justice and juiciary,Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (7) +License Renewal Application +1. At least (3) mo nths prior to the expiry of the License term, the Licensee shall fulfill all +requirements for the License renewal, subject to the following: +a. The License renewal application shall include all det ails and documents +mentioned in Clause (4) of article (2) above, along with any other details or +documents identified by the TDRA. +b. The License renewal appli cation shall include a proof of payment of the +License renewal application fees, as per the method and means determined by +the TDRA. + +" +justice and juiciary,Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (8) +Failure to Timely Renew the License +A Licensee , whose License term expires without getting the License renewed (30) thirty +days prior to the License expiry date , shall be deemed in breach, and shall be sanctioned +according to the administrative sanctions applicable in that respect. + +" +justice and juiciary,Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (9) +License Renewal Application Examination Procedures +The TDRA shall review and verify the data and documents submitted within the License +renewal application, as per the procedures set out in article (3) above. + + + + + + Cabinet Resolution on the Executive Regulations of Federal Decree -Law on Electronic Transactions and Trust Services 7 + " +justice and juiciary,Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (10) +Decision on License Renewal +The TDRA shall issue its decision after reviewing and examining the License renewal +application as follows: +1. Approving the License renewal application if the TDRA is convinced that the License +renewal applicant has fulfilled the requirements set forth in the Decree -Law and this +Resolution and the resolutions issued by the TDRA in implementation of both of +which , and the requirements of the Competent Authorities, and , accordingly , the +TDRA shall: +a. Issue a License authorizing the applicant to provide the approved Trust +Services or Qualified Trust Services after paying the License issuance fees; and +b. Update the UAE Trust List according to the License decision on the basis of +each Trust Se rvice or Qualified Trust Service set out in the License application. +2. Rejecting the License renewal application where the TDRA is convinced that the +License renewal applicant has not fulfilled the requirements set forth in the Decree - +Law and this Resoluti on and the resolutions issued by the TDRA in implementation of +both of which , and the requirements of the Competent Authorities, as the case may +be. In this case, TDRA may take any of the following actions: +a. To set a time limit to address the non -compliance, then the rejection decision +shall be reconsidered or finally approved; or +b. To apply the administrative sanctions applicable i n this regard. + +" +justice and juiciary,Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (11) +Grievance Against TDRA’s Decision +The License applicant or the License renewal applicant whos e application is rejected may +submit a new application, as per the procedures applicable thereto, or file a grievance +within (14) days against the TDRA’s rejection decision. + Cabinet Resolution on the Executive Regulations of Federal Decree -Law on Electronic Transactions and Trust Services 8 + " +justice and juiciary,Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (12) +Suspension or Revocation of the License +1. If the License of Trust Service Providers or Qualified Trust Service Provider s is +suspended , the L icensee shall promptly cease to list any new Subscribers to services +set out in the License, and shall keep providing the services to Subscribers existing +before the effective date of the suspension decision. +2. If the License of Trust Service Providers or Qualified Trust Service Provider s is revoked , +such provi der shall be served with a notice to activate the Termination Plan for all or +any of the services set out in the License, along with adjusting the UAE Trust List when +completing the implementation of the Termination Plan. +3. If a Qualified Service Pro vider’s License is revoked, the Status of Qualified Service +Provider for delicensed services shall be withdrawn. +4. In all cases, upon the expir y or revocation of the License term , the Licensee may +directly suspend Trust Servi ces or Qualified Trust Services only acc ording to the +procedures set by the TDRA , and the Licensee shall be exempted from the obligat ions +set out in the Decree -Law and this Resolution and the resolutions issued by the TDRA +in implementation of both of which , and the requirements of the Competent +Authorities , as the case may be, only af ter obtaining the prior approval of the TDRA. +5. The application of the procedures set out in this Article shall not preclude the +application of the administrative sanctions or the penalties set forth in the Decree - +Law. + + + + + + + Cabinet Resolution on the Executive Regulations of Federal Decree -Law on Electronic Transactions and Trust Services 9 + " +justice and juiciary,Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (13) +Cases of Amendment to the License +1. The Licensee shall notify the TDRA within one week in case of any amendments to or +changes in the information submitted in the License or renewal application or the +documents submitted for obtaining the compliance report. +2. The L icensee shall be required to obtain the prior approval of the TDRA in cases of +adjustment or change of data an d information that had been provided to TDRA , as +determined by the TDRA, including the following data and information: +a. Details of the e stablishment and ownership and the business office of the Licensee +in the State; +b. Technical, administrative and financial capacity for the management and +operation of the services set out in the License; +c. Any change in the procedures of verifying the identity of Trust Services or +Qualified Trust Services applicants and Subscribers; +d. Any change to information systems of Trust Services or Qualified Trust Services; +and +e. Any amendments to the Termination Plan. +3. Changes introduced to the License, Trust Services, Qualified Trust Services or the +Status of Qualified Service Prov ider shall be listed in the UAE Trust List on a regular +basis if the same is required by the change, at the discretion of the TDRA. +4. The TDRA shal l identify means for su bmitting and processing amendment +applications under resolutions issued by the TDRA. + +" +justice and juiciary,Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (14) +Costs of License Suspension or Revocation +The License renewal applicant or the Licensee , whose Status of Qualified Service Provider +is withdrawn or whose License is suspended or revoked, shall bear all expenses related to +the Compliance Assessment reports. Cabinet Resolution on the Executive Regulations of Federal Decree -Law on Electronic Transactions and Trust Services 10 + " +justice and juiciary,Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (15) +Obligations of the Licensee +The Licensee shall satisfy the following requirements : +1. Details and documents submitted by the Licensee to the TDRA must be up -to-date +and accurat e throughout the License period. +2. Acting in a fair and impartial way in respect of all its activities, transactions a nd service +offer and marketing, without causing monopoly or an impact on the sector +competi tiveness or S ubscribers, including the Licensee’ s obligation not to publish +inco rrect or inaccurate information or preclude the mechanisms of executing the +Decree -Law, the present Resolution, resolutions issued by the TDRA in pursuance of +the Decree -Law and the present Resolution and the requirement s of the Competent +Authorities. +3. Assuming the liability for damage deliberately or negligently afflicting any Person due +to the Licensee’s failure to fulfil the obligations prescribed under the Decree -Law and +this Resolution and the resolutions issued by the TDRA in implementation of both of +which and the requirement s of the Competent Authorities. +4. Informing Subscribers of Trust Services or Qualified Trust Services provided by the +Licensee of a ny restrictions on the use of such services before such services are +provided to Subscribers, and that the Licensee will not assum e any liability for damage +caused by using such services should such restrictions be byp assed. +5. Adopting adequate polici es relied on the assessment of risks threatening the services +provided by the Li censee, along with taking adequate necessary technical and +organizational measures for the management of legal, administrative, security and +operational risks and other direct and indirect risks, without being prejudicial to +security and reliability levels and to the extent of being adequate to the degree of +severi ty. In partic ular, due diligence and necessary measures shall be taken for: +a. Procedures of registration and verification of Subscribers and activation of +services to them; Cabinet Resolution on the Executive Regulations of Federal Decree -Law on Electronic Transactions and Trust Services 11 + b. Procedural and sanction controls; +c. Management and implementation of services; +d. Preventing and minimizing the impact of securi ty incidents and informing the +Competent A uthorities, as the case may be, Subscribers and qualified entities +of the negative impacts of any of such incidents if occurred; and +e. Ensuring the protection of cybersecurity of information systems of the +Licensee, as per the approved cybersecurity policies. +6. Taking all necessary technical and organizational measures to comp ly with the federal +laws and regulations governing the protectio n of data or personal data, so as to ensure +the prot ection and preservation of the Subscriber's personal data and prevent any +accessibility to and disclosur e of such data without obtaining the Subscriber’s consent +and within the limits nece ssary to provid e the service to the same. +7. Promptly notifying the TDRA and the Subscribers in the following cases: +a. Exposure of the Licensee’s information systems to any risk affecting the +integrity and safety of the services provided; +b. Exposure of information or documents of the S ubscribers to unauthorized +disclosure; or +c. Hacking the security of retained personal or non -personal information or data +or lacking the validity and integrity thereof , in a manner affecting the services +provided. +8. Informing the S ubscribers and the Relying Parties in a clear and accessible way before +starting to provide Trust Servi ces or Qualified Trust Services of all terms and +conditions related to the use of such services, including any restrictions on such use, +obligations and responsibilities to be assumed by the Subscribers and the Relying +Parties when using such services, as well as seeking the consent of the Subscribers and +the Relying Parties before starting to provide the services to them. +9. Notifying the party relying on T rust Servi ces or Qualified Trust Services of levels of +security and trust of the used Digital Identity as part of the service provision. Cabinet Resolution on the Executive Regulations of Federal Decree -Law on Electronic Transactions and Trust Services 12 + 10. Ensuring the compliance with the requirements, s tandards and controls of the security +and trust level technology defined in the Electronic Identification System approved by +the TDRA . +11. Preparing a constantly -updated Termination P lan to ensure a continuous service, +pursuant to the Decree -Law, the present Resolution and the resolutions issued by the +TDRA in pursuance to the Decree -Law and the present Resolution, and the +requirements of the Competent Authorities. The Termination Plan shall show the +following: +a. Means for notifying the Subs cribers upon the termination or discontinuation +of services; +b. Mechanism for ensurin g the safety and reliability of the Subscribers’ records; +c. Methods for the Subscribers affected by the termination or discontinuation of +serv ices to access to their records; and +d. Methods to ensure unaffected transactions and records made and created by +the Subscribers throughout the per iod of providing Trust Services by the +Licensee. +12. Recording and maintaining information related to data issued and received by the +Licensee , particular ly data used to provide proofs for any legal proceedings or to +ensure the continuity of service for a period not less than (15) fifteen year s from the +date of creating the master register, oth er than identification proofs used to issue the +authentication certificate, which shall be recorded and maintained for a period not +less than (10) ten years f rom the certificate expiry date, along with giving access to +such information. +13. Developing adequate mechanisms to receive and handle complaints, as per the +requirements identified by the TDRA . +14. Drawing up the service policy document and the practice statement , as per the +standards and controls issued by the TDRA. Cabinet Resolution on the Executive Regulations of Federal Decree -Law on Electronic Transactions and Trust Services 13 + 15. Fulfilling the standards and requirements issued by the TDRA when identifying +service procedures, as listed in the service policy document an d the practice statement +document. +16. Publishing the service policy and the practice statement, as amended, to the public in +Arabic a nd English, in an electronic format accessible 24/7. +17. Publishing the service policy dis closure document provided , which briefly shows key +points of the policy of providing the service to the Subscribers and the Relying Parties. + +" +justice and juiciary,Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (16) +Obligations of the Qualified Trust Service Provider +In addition to the obligations set forth in article (15) above, the Qualified Trust Service +Providers shall comply with the following controls and procedures: +1. Fair , honest and professional business conduct in the course of all their activities and +operations. +2. Appoint ing personnel with specialized experti se, as per the competence and the +required and reliable practical and scientific expertise , from among those who hold +adequate certifications and trainings on the rules of information securi ty and personal +data protection, and of those who are familiar with the relevant natio nal and +international standards. +3. Securing adequate financial resources for the management and operat ion of Qualified +Trust Services. +4. Using reliable a nd secure systems to sto re, process and pr otec t data in such a manner +that such data can be: +a. Retrieved, subject to the prior consent of the data subject ; +b. Entered , processed and changed only by authorized Persons; and +c. Validated. +5. Taking all actions necessary for preventing data falsification, theft and unauthorized +use. Cabinet Resolution on the Executive Regulations of Federal Decree -Law on Electronic Transactions and Trust Services 14 + 6. Using reliable and secure systems and technologies protec ted from hacking and +unauthorized modification and ch ange, including techno -security and security of +procedures and transactions supported by the same. + +" +justice and juiciary,Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (17) +Discontinuation of Services +1. The Licensee may not discontinue any of its activities or services without the prior +approval of the TDRA. +2. The application for discontinuation of Trust Services or Qualified Trust Services shall +be made according to the means identified by the TDRA . +3. The TDRA shall reply to the appl ication for discontinuation of Trust Services or +Qualified Trust Ser vices within one month from the date of submitting the application. +In cases wh ere more time is r equ ired for review and examination, the Licensee s hall +be notified of the updated period. +4. The Licensee shall notify the TDRA of its desire to discontinue providing any Trust +Services or Qualified Trust Services, in whole or in part, at least (3) thre e months prior +to the scheduled termination date. +5. The Licensee shall inform the public, including the Subscribers and the Relying P arties, +of its desire to discontinue provi ding any of its services, in whole or in part, at least (2) +months before the scheduled termination date and after obtaining the TDRA’s +approval. +6. The Licensee shall help and enable the Subscribers to transfer to another Licensee +providing services similar to the serviced intended to be terminated, as the case may +be, as per the controls and instructions set by the TDRA. +7. The Licensee shall take necessary measures to ensure th at the discontinuation of any +of its services or part thereof will not disrupt the verification of validity and reliability +of the service outcomes that would have arisen before the actual termination thereof. + Cabinet Resolution on the Executive Regulations of Federal Decree -Law on Electronic Transactions and Trust Services 15 + " +justice and juiciary,Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (18) +Licensee's Obligations to Activate the Termination Plan +The Licensee shall activate its service Terminal Plan and shall take the following actions: +1. Revoking all certificates of authentication or data of Subscribers’ accounts issued by +the Licensee pertaining to the services intended to be terminated, which had not been +revoked or which will not expire before the Licensee t erminates its services, whether +the Subscribers request to terminate the same or not; +2. Revoking all other relevant certificates; +3. Destroying , susp ending or preventing the use of all data of creation of Electronic +Signature/Seal of the License e or Subscribers, including backups, so that the data of +Electronic Signature/Seal creation cannot be restored; and +4. The Licensee shall keep providing its services to the Subscribers within the term of t he +Termination Plan approved by the TDRA, and it may not provide its services to any +new Subscriber from the date of activating the Termination Plan. + +" +justice and juiciary,Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (19) +Reliable Electronic Signature s and Seals +1. A Reliable Electronic Signature/Seal shall fulfill t he specifications and standards of +Encryption, the mechanism and requirements for an Elect ronic Signature/ Seal +creation , information security contr ols and additional requirements under the +resolutions issued by the TDRA. +2. A Reliable Electronic Signature/Seal shall be created according to one or more of the +templates and formats identified under the resolutions issued by the TDRA. + + + + + Cabinet Resolution on the Executive Regulations of Federal Decree -Law on Electronic Transactions and Trust Services 16 + " +justice and juiciary,Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (20) +Qualified Electronic Signatures and Seal s +A Qualified Electronic Signature/Seal shall fulfill the following requirements: +1. Fulfilling the conditions under the resolutions issued by the TDRA , as set forth in +article (19) above at the time of signature; +2. Not to compromise the integrity of data signed; +3. The device used to create a Qualified Electronic Signature/Seal shall fulfill the +requirements set out in article (26) hereunder; and +4. Any additional requirements set by the TDRA under the resolutions issued by the +TDRA in implementation of the Decree -Law and this Resolution , and the Competent +Authorities’ requirements. + +" +justice and juiciary,Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (21) +Requirements for Qualified Electronic Signature/Seal +Authentication Certificate +1. A Qualified Electronic Signature/ Seal Authentication Certificate shall include the +following: +a. Wording or reference, in at least automatable format , stating that the +certificate has been issued as a Qualified Electronic Signature/ Seal +Authentication Certific ate. +b. A set of data that unequivocally identif y the Qualified Trust Service Provider +that issues Qualified Electronic Signature/Seal Authentication Certificate s, +including a reference to the Unite d Arab Emirates bei ng the State where the +provider provides such service. Such data shall include name and ID number +of the Qualified Trust Service Provider, as mentioned in official registers . +c. A set of data that unequivocal ly represents the signature/seal issuer ’s identity , +including the following data: Cabinet Resolution on the Executive Regulations of Federal Decree -Law on Electronic Transactions and Trust Services 17 + 1) Full name of the Signatory , and where applicable, the identification +number as mentioned in official registers; and +2) A pseudonym , and if used, it shall be clearly referenced. +d. Signature/seal verification data corresponding to data of the Elec tronic +Signature/Seal creation data. +e. Details of the Qualified Electronic Signature/Seal Authentication Certificate +validity period (start and end). +f. Identification code of the Qualified Electronic Signature/Seal Authentication +Certificate, which must be unique for the Qualified Trust Service Provide r. +g. The Qualified Electron ic Signature/Seal issued by the Qu alified Trust Service +Provider that issued the Qualified Electronic Signature/Seal Authentication +Certificate. +h. A free link to download the Qualified Electronic Signature/Seal Authentication +Certif icate. +i. The website of accessible services to check the validity of the Qualified +Electronic Signature/Seal Authentication Certificate. +2. Where the data of Elect ronic Signature/Seal creation of the verification of Electronic +Signature is found in a device for creating a Qualified Electronic Signature, a reference +thereto shall be made in the Qualified Electronic Signature/Seal Authentication +Certificate in an automatable format. +3. A Qualified Electronic Signature/Seal Authentication Certificate may include specific +non -compulsory additional features, so that it will not affect the interoperability and +the recognition of the Qualified Electronic Signature/ Seal. +4. TDRA may add any other requirements in the Q ualified Electronic Signature/Seal +Authentication Certificate under the resolutions issued by the TDRA in +implementation of the Decree -Law and this Resolution and the Competent +Authorities’ requirements. + Cabinet Resolution on the Executive Regulations of Federal Decree -Law on Electronic Transactions and Trust Services 18 + " +justice and juiciary,Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (22) +Revocation of Authentication Certificates +Where a Qualified Electronic Signature/ Seal Authentication Certificate is revoked after +being issued, it shall be come invalid once revoked. In no event may such certificate be +reactivated. + +" +justice and juiciary,Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (23) +Prohibition of Temporary Suspension of Authentication Certificates +It is prohibited for the Licensee to temporarily suspend a Qualified Electronic +Signature/Seal Auth entication Certificate , or temporarily suspend its validity period after +being activated. + +" +justice and juiciary,Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (24) +Issuance of the Qualified Electronic Signature/Seal +Authentication Certificate +1. The Qualified Electronic Signature/Seal Authentication Certificate s may be provided +as a Qualified Trust S ervice only through a Qualified Trust Service Provider. +2. The Qualified Trust Service Providers may use a Qualified Electronic Signature/Seal +Authentication Certificate issued by another Q ualified Trust Service Provider +accompa nied by a valid Qualified Electronic Signature/Seal to authenticate the Person +requesting a Qualifie d Electronic Signature/Seal Authentication Certificate. +3. Where the Qualified Trust Service Provider uses a procedure equivalent to the +appearance in person to verify the identity and capacity of the Person to whom a +Qualified Electronic Signature/Seal Auth entication Certificate will issue, pursuant to +Clause (4) of Artic le (34) of the Decree -Law, the TDRA may, in addition to th e +Compliance Assessment report, ascertain that such procedures is equivalent to the +appearance in person, pursuant to the controls issued by the TDRA in this regard. Cabinet Resolution on the Executive Regulations of Federal Decree -Law on Electronic Transactions and Trust Services 19 + 4. The Qualified Trust Service Provider that issues a Qualified Electronic Signature/Seal +Authentication Certificate as a Qualified Trust Service shall create and update a +data base for the certificates. +5. The Qualified Trust Service Provider shall identify a set of adequate policies and +practices to provide the Qualified Electronic Signature/Seal Authentication Certificate +as a Qualified Trust Service under the policy of providing the Qualified Electronic +Signature/Seal Authentication Certificate service as a Qualified Trust Service and the +practice statement of such service. +6. The service policy and the practice statement shall be governed by the technical +requirements and specifications of the content an d structure of policies defined under +the resolutions issued by the TDRA. +7. The Qualified Trust Service provider shall be responsible for providing the Qualified +Trust Service according to the procedures set forth in the service practice statement +and the service policy. Where the Trust Serv ice or part thereof is provided by third +parties, the Qualified Trust Service Provider shall identify the responsibility of such +parties and ensure that they will comply with any controls required by the Qualified +Trust Service Provider. + +" +justice and juiciary,Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (25) +Revocati on of Qualified Electronic Signature/Seal + Authentication Certificate +1. If the Qualified Trust Service P rovider that issued a Qualified Electronic Signature/Seal +Authentication Certificate decides to revoke the certificate, at the request of its holder +or for the reasons identified by the service pr ovider, they shall record the revocation +in their certificate database and publish the certificate revocation case status on the +service of verifying the validity of certificates, within a period not exceeding (24) +twenty four h ours from the date of receiving the certificate holder’s request. The +revocation shall take effect once published. Cabinet Resolution on the Executive Regulations of Federal Decree -Law on Electronic Transactions and Trust Services 20 + 2. The Qualified Trust Service Provider sha ll provide any Rely ing Party with any +information re lated to the validity or revocation of authentication certificates issued +by the same, even following the expiry of the Qualified Electronic Signature/Seal +Authentication Certificate and for at least (15) fifteen years from the expiry thereof ; +provided that such information is free and automatically accessible at all times. + +" +justice and juiciary,Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (26) +Issuing the Qualified Electronic Signature/Seal Device +1. A Qualified Electron ic Signature/Seal creation device may be issued to Signatories as +a Qualified Trust Service only through a Q ualified Trust Service Provider fulfilling the +technological , pro cedural security and regulatory specifications and standards to be +identified under a resolution by the TDRA. +2. The Qualified Trust Service Provider shall identify a set of adequate policies and +practices to provide devices for creating the Qualified Electroni c Signature/Seal as a +Qualified Trust Service. In all cases, such policies and practices shall fulfill the technical +requirements an d specifications of content and structure identified under a resolution +by the TDRA. +3. A Qualified Electron ic Signature/Seal creation device must fulfill the requirements of +article (21) of the Decree -Law, and the Qualified Electron ic Signature/Seal creation +device mus t be approved by entities issuing qualification certificates for such devices , +whether public or private entities ; provided that such entiti es are approved by the +TDRA. +4. The Qualified Trust Service Provider shall comply with the standards and +requirements of security assessment of IT technologies, products and servic es issued +by the TDRA for approving the Qualified Electronic Signature/Seal creation devices . +5. Entities granting qual ification certificates for the Qualified Electronic Signature/Seal +creation devices shall comply with the list of standards a nd requirements issued by +the TDRA. Any qualification granted to any of such entities or any devices approved Cabinet Resolution on the Executive Regulations of Federal Decree -Law on Electronic Transactions and Trust Services 21 + by the same shall be revoked if it is established that it has violated such standards and +requirements. +6. The Electronic S ignature creation data may be managed, created and copied on behalf +of the Signatory only through a Qualified Trust Service Provider th at provides a +Quali fied Trust Service for managing a Qualified Electronic Signature creation device +remotely. +7. The Qualified T rust Service Provider shall use only Qualified Electronic Signature /Seal +creation devices approved by the TDRA. +8. The TDRA shall create, publish and manage a list of entities that issue qualification +certificates of the Qualified Electronic Signature/Seal creation devices and tools +approved by the same , in addition to a dated record showing the status of such entities +and the status of approvals of qualification of devices . +9. The Qualified Trus t Service Provider shall follow the condition s and procedures issued +by the TDRA to apply for using Qualified El ectronic Signature/Seal creation devices , +in order to be listed in the list referred to in Clause (8) above. +10. An applicant for a Qualified Ele ctronic Signature/Seal creation device or the Licensee +if the qualification certificate granted to t he device by the entities issuing qualification +certificates for Qualified Electronic Signature/Seal creation devices , shall so notify the +TDRA within two weeks from the date of revocation. In this case, TDRA may make or +may ask the Qualified Trust Service Pr ovider to make an assessment on the impact on +the licensed services and to take any appropriate actions based on the assessment +findings. + +" +justice and juiciary,Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (27) +Remote Management of the Qualified Electronic Signature/Seal Device +1. The Qualified Electroni c Signature/Seal creation devices shall be managed remotely +as a Trust Service qualified by the Qualified Trust Service Provider that shall: Cabinet Resolution on the Executive Regulations of Federal Decree -Law on Electronic Transactions and Trust Services 22 + a. Create and manage the Qualified Electroni c Signature/Seal creation data on +behalf of the Signatory ; and +b. Copy the Qualified Electronic Signature/Se al creation data only for backup +purposes, subject to the following: +1) The level of security of copied datasets must be at the same level of security +of original datasets; and +2) The number of copied datasets must not exceed the minimum required to +ensure the continuity of service. +c. To ensure remote conformity with any requirements set out in the +qualification certificate of the Qualified Electronic Signature /Seal creation +device , issued pursuant to article (26) above. +2. The TDRA shall issu e the resolutions pertaining to technological standards and +specifications related to Clause (1) above. +3. The Trust Service Provider shall identify a set of adequate policies and practices for +providing the service of remote management of t he Qualified Electronic +Signature/Seal creation devices as a Qualified Trust Service. In all cases, such policies +and practices shall fulfill the technical requirements and specifications of content and +structure, as identified by a resolution issued by the TDRA. +4. The Qualified Trust Service Provider shall be responsible for providing the Qualified +Trust Service according to the procedures set forth in the service practice statement +and the service policy. Where the Trust Service or part thereof is provided by third +parties, the Qualifi ed Trust Service Provider shall identify the responsibility o f such +parties and ensure their compliance with any controls required by the Qualified Trust +Service Provider. + + + + Cabinet Resolution on the Executive Regulations of Federal Decree -Law on Electronic Transactions and Trust Services 23 + " +justice and juiciary,Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (28) +Data Retention of the Qualified Electronic Signature/Seal +1. The Qualified Electronic Signature/Seal data retention service may be provided only +by a Qualified Trust Service Provider that uses the procedures and techn ologies +capable of extending the Trust Qualified Electronic Signature/Seal authenticity period +beyond the technological validity period identified by a resolution by the TDRA. Such +procedures and technologies shall have no impact on the reliability of the Qualified +Electronic Signature/Seal. +2. The Qualified Trust Service Provider shall retain the au thenticity of the Trust Qualified +Electronic Signature/Seal for a period not less than (15) fifteen years from the +retention request date. +3. The Qualified Trust Service Provider shall retain all information necessary for verifying +the validity of the Qualif ied Trust Service Provider up to the end of the retention +period. +4. The Qualified Trust Service Provider shall ensure the safety, quality and clarity of the +Qualified Electronic Signature/Seal data retained b y the same, and shall allow to be +prop erly used by the Subscribers or another Qualified Trust Service Provider +providing a Qualified Trust Service, subject to the Subscribers’ express consent. +5. A signature or seal affixed to a retention manual issued by the Qualified Trust Service +Provider mus t be made by using a Reliable Electronic Signature/Seal issued by the +provider. +6. The Qualified Trust Service Provider shall identify a set of adequate policies and +practices to provide the service of the Qualified Electr onic Signature/Seal data +retention as a Qualified Trust Service. In all cases, such policies and practices shall fulfil +the technical requirements and specifications of content and structure identified by a +resolution issued by the TDRA. +7. The Qualified Trust Service provider shall be respo nsible for providing the Qualified +Trust Service according to the procedures set forth in the service practice statement Cabinet Resolution on the Executive Regulations of Federal Decree -Law on Electronic Transactions and Trust Services 24 + and the service policy. Where the Trust Service or part thereof is provided by third +parties, the Qualified Trust Service Provider shal l identify the responsibility of such +parties and ensure that they will comply with any controls required by the Qualified +Trust Service Provider. + +" +justice and juiciary,Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (29) +Archiving Digital Documents +When government authorities archive electronic documents signed by a +Reliable /Qualified Electronic Signature /Seal, the y shall ensure the following: +1. To preserve the Electronic Signature/Seal from change . +2. To preserve the Electronic Signature/Seal from deletion. +3. To ensure that the E lectronic Signature/Seal is recreated on a new document should +any authorized change is introduced to the Electronic Document. + +" +justice and juiciary,Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (30) +Validation of the Qualified Electronic Signature/Seal +1. The Qualified Electronic Signature/Seal validation service may only be provided by a +Qualified Trust Service Provider that fulfills the provisions of article (20) of the +Decree -Law, and pursuant to the resolutions issued by the TDRA in this regard. +2. The Qu alified Electronic Signature/Seal data validation service provider shall identify +adequate policies and practices to verify the validity of the Qualified Electronic +Signature s/Seal s. +3. Time information added to the result of the Qualified Electronic Signature/Seal +validation shall be created by using a qualified Time Stamp. +4. The Qualified Trust Service provider shall be responsible for providing the Qualified +Trust Service according to the procedures set forth in the servic e practice statement +and the service policy. Where the Trust Service or part thereof is provided by third +parties, the Qualified Trust Service Provider shall identify the responsibility of such Cabinet Resolution on the Executive Regulations of Federal Decree -Law on Electronic Transactions and Trust Services 25 + parties and ensure that they will comply with any controls req uired by the Qualified +Trust Service Provider. +5. The TDRA shall issue the resolutions pertaining to technologic al standards and +specifications to be adhered by the qualified service provider, including: +a. Operational and security controls, service managemen t mechanism, physical +security requirements , requirements for technica l and security inspections +testing of the service before provided to the Subscribers and technical and +security inspection reports. +b. Requirements for listing the Qualified Electronic Signature/Seal validation +service as a Qualified Trus t Service in the UAE Trust List. + +" +justice and juiciary,Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (31) +Qualified Electronic Time Stamp Creation Service +1. The Qualified Electronic Time S tamp creation service may be provided only by a +Qualified Trust Service Provider that fulfills the provisions of article ( 23) of the +Decree -Law, and pursuant to the resolutions issued by the TDRA in this regard. +2. The Qualified Trust Service Provider that provides the Qualified Electronic Time +Stamp creation service shall identify a set of adequate policies and practices to create +the Qualified Electronic Time Stamp. In all cases, such policies and practices shall fulfil +the technical requirements and specifications of content and structure identified by a +resolution issued by the TDRA. +3. The Q ualified Trust Service provider that provides the Qualified Electronic Time +Stamp service shall be responsible for providing such service according to the +procedures set forth in the service practice statement and the service policy. Where +the Trust Servic e or part thereof is provided by third parties, the Qualified Trust Service +Provider shall identify the responsibility of such parties and shall ensure that they will +comply with any controls required by the Qualified Trust Service Provider. Cabinet Resolution on the Executive Regulations of Federal Decree -Law on Electronic Transactions and Trust Services 26 + 4. The TDRA sha ll issue the resolutions pertaining to technological sta ndards and +specifications to be complied with by the Qualified Service P rovider, including: +a. The service policy and the practices statement, as m entioned in article (15) +above; and +b. Requirements for listing the service in the UAE Trust List. + +" +justice and juiciary,Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (32) +Qualified Electronic Delivery Service +1. The Qualified Electronic Delivery Service may be provided only by a Qualified Trust +Service Provider that fulfills the provisions of article (2 4) of the Decree -Law, and +pursuant to the resolutions issued by the TDRA in this regard. +2. The Qualif ied Electronic Delivery Service Provider shall identify the sender and the +Addressee at a high level of security and trus t and at a high degree of trust and +acceptance , so as to eliminate an y risks and prevent manipulation of the identity of +the sender and the Addressee. +3. The Qualified Electronic Delivery Service Provider shall identify a set of adequate +policies and practices to provide the Qualified Electronic Delivery Service. In all cases, +such policies and practices shall fulfil the technical requirements and specifica tions of +content and structure identified by a resolution issued by the TDRA. +4. The Qualified Electronic Delivery Service Provider shall be responsible for providing +such service according to the procedures set forth in the service practice statement +and the service policy. Where the Trust Service or part thereof is provided by third +parties, the Qualified Electronic Delivery Service Provider shall identify the +responsibility of such parties and shall ensure that they will comply with any controls +require d by the Qualified Electronic Delivery Service Provider . +5. TDRA shall issu e the resolutions pertaining to technological sta ndards and +specifications to be complied with by the Qualified Electronic Delivery Service +Provider, including: Cabinet Resolution on the Executive Regulations of Federal Decree -Law on Electronic Transactions and Trust Services 27 + a. The service policy and the practice statement set forth in article (15) above; +b. Requirements for listing the Qualified Electronic Delivery Service and user +manuals; and +c. Requirements for listing t he service in the UAE Trust List. +6. Data sent and received via the Qualified Electronic Delivery Service shall const itute +evidence of the integrity of data sent and being sent by an identified sender and +received by an ident ified Addressee, in addition to an accurate sending and receiving +date as referred to by the Qualified Electronic Delivery Service. + +" +justice and juiciary,Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (33) +Compliance Assessment +1. Any entity not approved or authorized by the TDRA may not carry out a compliance +assessment for the purpose of implementing the Decree -Law and this Resolution and +the resolutions issued by the TDRA in implementation of both of which , and the +Competent Authorities’ requirements. +2. An entity assessing the complianc e must be approved by and registered with the +TDRA. +3. The Compliance Assessment entity shall draw up a report on the conformity of the +License applicant or the Licen see and services provided or to be provided with the +requirements set forth in the Decree -Law and this Resolution and the resolutions +issued by the TDRA in implementation of both of which , and the Competent +Authorities’ requirements . +4. The Compliance Assessment reports shall be issued according to t he specifications +and procedures identified by the TDRA. +5. The Compliance A ssessment entity shall avoid any conflict of interest, whether actual +or potential conflict of interest , for carrying out the Compliance Assessment of the +License applicant or the Li censee. The TDRA shall identify the necessary standards and +controls in this regard. Cabinet Resolution on the Executive Regulations of Federal Decree -Law on Electronic Transactions and Trust Services 28 + 6. The TDRA shall issue the resolution s related to technologic al standards and +specifications to be complied with by the Compliance Assessment entities, including: +a. Mechanisms for accrediting assessment entities; and +b. Rules of scrutiny to be complied with by the Compliance Assessment entities +while assessing the compliance of Trust Service Providers or Qualified Trust +Service Providers and services provided by them. + +" +justice and juiciary,Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (34) +UAE Trust List +1. The TDRA shall create a list to be called “the UAE Trust List” according to the +specifications set by the TDRA, and shall publish the same on its website. Such list +shall include the following: +a. Information on Trust Service Providers, Trust Services provided by the same +and indication of the License status; and +b. Information on Qualified Trust Service Providers, Qualified Trust Services +provided by the same and indication of the License status and the Status of +Qualified Service Provider. +2. The information referred to in Clause (1) above sha ll be provided by Trust Service +Providers or Qualified Trust Service Providers in suc h a confirmed and reliable +manner through their compliance reports issued by the Compliance Assessment +entity or the TDRA. +3. The TDRA shall issue the resolutions related to technologic al standards and +specifications and t he UAE Trust List procedures, such as the UAE Trust List form, +content, publication mechanism, maintenance, adjustment, reading mechanism and +use by Qualified Parties. +4. TDRA shall list the Licensee in the UAE Trust List on the basis of services set out in the +License. Cabinet Resolution on the Executive Regulations of Federal Decree -Law on Electronic Transactions and Trust Services 29 + 5. When the TDRA lists the Licensee in the UAE Trust List, it shall link each service set out +in the License with a Digital Identifier that allows to uniquely and clearly identify the +service according to the technical specifications and resolutions issued b y the TDRA +in this regard. + +" +justice and juiciary,Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (35) +Qualified Trust Mark +1. The TDRA sha ll identify, publish and manage the standards r elated to the form, +content and presentation of the Qualified Trust Mark of the Qualified Trust Services. +2. The Qualified Trust Service Provider may use the provided Qualified Trust Mark ; +provided that a reference is made to the Status of Qualified Servic e Provider in the +UAE Trust List, as follows: +a. Fulfilling the Status of Qualified Service Provider and the licenses necessary +for a Qualified Trust Service Provider, pursuant to the Decree -Law and this +Resolution and the resolutions issued by the TDRA in i mplementation of both +of which , and the Competent Authorities’ requirements; +b. A reference must be made in a clear and non -misleading way to the Qualified +Trust Services, the Status of Qualified Se rvice Provider and the effective license +of the Qualified Trust Service; and +c. Providing an active link for the Qualified Trust Mark refers to the Status of +Qualified Service Provider and the Qualified Trust Services in the UAE Trust +List, as per the requirements and resolut ions issued by the TDRA. + + Cabinet Resolution on the Executive Regulations of Federal Decree -Law on Electronic Transactions and Trust Services 30 + " +justice and juiciary,Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (36) +Repeals +Any provision contrary to or in confl ict with the provisions of this Resolution shall hereby +be Repealed. + +" +justice and juiciary,Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (37) +Publication and Entry into Force of the Resolution +This Resolution shall be published in the Official Gazette, and shall enter into force (90) +days following the publication date. + + + + + + + +Mohammed bin Rashid Al Maktoum +Prime Minister + + +Issued by us: +On: Ramadan 9th, 1444 H. +Corresponding to: March 31st, 2023 AD . " +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (1) +This Law shall apply to all actions, appeals and motions filed before the federal courts , +which are registered or filed following the effective date here of. + +Chapter Two +Rules for Calculation of Action Value and Fees +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (2) +Fee Calculation +1. The fee shall be calculated according to the Schedule of Court Fees before Federal +Courts attached hereto. +2. Cabinet may amend the Schedule of Court Fees before Federal Courts attached +hereto by way of addition, removal, amendment or complete replacement of the +schedule, at a rate not exceeding (50%) of the original fee con tained in the +schedule attached to this law. +3. A separate fee shall be imposed on interlocutory applications and motions of the Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts 3 + offensive intervenor. +4. No additional fee shall be imposed on motions of the intervenor by joinder. +However, the intervenor by joind er shall be obligated to pay the action fee if not +paid. +5. No fee shall be imposed on the impleader which the Court orders sua sponte. + +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (3) +Fee Payment +1. Subject to the provisions of the criminal action's fees set out herein, no action or +appeal shall be registered, and no motion shall be heard without full payment of +the due fee, unless a law or resolution exempting from such fee, or a resolution +postponing the fee totally or partially, is issued. +2. No new fees shall be collected if the Court of Appeal o r the Court of Cassation +refers the case back to the trial court. + +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (4) +Elements included in Fee Calculation +The calculation of fee shall include the profit s, interests, damages , returns , expenses +and other supplements of a known value , which are payable upon instituting an +action . + +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (5) +Calculation of the Action Value +The value of an action shall be calculated depending to the demands of the litigants +upon instituting the same . The final calculation shall be made in accordance with the ir +closing arguments in the currency of the State . The fraction of a dirham shall be +deemed a full dirham upon calculating the due fees and shall be collected on such +basis. + +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (6) Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts 4 + Fees of Cross Actions +A separate fee shall be collected for the cross actions filed in the principal action in +accordance with the same rules and the fee for the cross action for damages instituted +by the defendant before the same court on the basis of the value thereof . + +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (7) +Higher Fee to be C harged +The higher fee shall be imposed if the plaintiff amends the demands of unknown +value; when the action is pending , to that of a known value . + +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (8) +Security of Appeal +The appellant shall, in case of appeal in the cases provided for in article (160) of the +Civil Procedure Code, deposit a security of (AED 2,000) two thousand dirhams with the court's treasury. Such amount shall be confiscated if the appeal is dismissed and +shall be refunded to the appellant if a judgment is entered in favor thereof. If there are +many appellants in a single petition, then a single security shall be deposited, even if +the grounds for appeal are different. + +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (9) +Fees of Motion for Preemption +1. Fees for actions claiming the right of preemption to a property shall be calculated +on the basis of the rate to be applied . +2. If the rate mentioned in the contract or calculated by an expert is higher and the +preemption applicant waives his motion before the judgment is entered or the +preemption applicant objects to the rate , the fees shall be calculated on the basis +of the rate to be applied . +3. If the preemption applicant accepts the higher rate , the fees shall be calculated on +the basis of such rate , regardless of the registration and the value of improvem ents +required by the litigant or calculated by an expert shall be added to the rate . Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts 5 + 4. If the judgment is appealed and the property value is calculated at a rate higher +than the rate calculated by the preemptor, the fees shall be imposed on the rate +calculated by the appellant . + +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (10) +Actions in a Foreign Currency +If the claimed amount is in currency other than that of the State, the action value shall +be calculated at an equivalent amount in the State's currency on the date of instituting +the action. + +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (11) +Standardization of Fees +Fees imposed on actions, appeals and motions stipulated in this Law, whether +submitted electronically or manually, shall be collected in the same categories defined +herein . + +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (12) +Fee of Service Abroad +The applicant for serving a notice abroad shall bear all the expenses prescribed in the +State where the notice is required to be served. + +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (13) +Calculation of Fee in Some Actions +Fees in the following actions shall be calculated as follows: +1. Ownership of a property or movable, the fees shall be calculated on the basis of +the value of each one , which is stated by the applicant upon instituting the action, +and any additional fees shall be collected if it is found that the value exceeds the +calculated value . Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts 6 + 2. Barter agreements , the fees shall be calculated on the basis of the higher value of +the barters . +3. Validity, revocation or termination of agreements, the fees shall be calculated on +the basis of the total value of the agreement or the value in dispute if identified by +the plaintiff . If the action is related to the validity, revocation or termination of +continuing agreements , the fees shall be calculated o n the basis of the total cash +consideration for the whole agreemen t term , and if the said agreement is executed +partially, the action for its termination shall be calculated on the basis of the +remaining term . +4. Lease- related disputes , the fees shall be calculated on the basis of the annual rent +of the leased premises, subject to the following fee calculation mechanism : +A. Motion for the termination , evacuation or eviction of the leased premises , the +fees shall be calculated depending on the rent of the term stated in the +agreement , or the remaining term, as the case may be . +B. Motion for the agreement renewal, the fees shall be calculated depending on +the rent specified in the previous lease term . +C. The action shall be deemed of unknown value in case of moving for the +evacuation or eviction, without termination of the agreement . +5. Motion for proceeds, profits and interest s, the fees shall be calculated on the basis +of the claimed value until the day of instituting the action, and the fee due +following the entry of the judgment shall be paid from the dat e of instituting the +action until its issuance before being executed. Moreover, it shall be paid at the +stage of execution of the judgment until full execution . +6. Mortgaging a property or movable , any accessory right -in rem attached thereto or +debts , the fees shall be calculated on the basis of the value of the property or +movable subject of the mortgage or the right ; whichever is lower . +7. Allotment of common property and sale thereof in case it is impossib le to divided +the same , the fees shall be calculated on the basis of the share value . +8. Dissolution of a company and appointment of a liquidator, the fees shall be +calculated on the basis of the company's capital value upon instituting the action . Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts 7 + 9. Settlement of a claimed annuity , the fees shall be calculated on the basis of +multiplying the same by twenty (20) if it is perpetual, or by ten (10) if it is for life . If +the annuity is temporary , the fees shall be calculated on the basis of the annual +pension multiplied by the years numb er thereof, provided that they are not more +than ten . +10. Execution of a foreign judgment, the fees shall be calculated on the basis of the +value specified in the judgment . +11. Redemption of attached items , the fees shall be calculated on the basis of the value +of such items . + +Chapter Three +Criminal Action 's Fees +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (14) +Flat Fee +1. With the exception of actions of juvenile s, a flat fee shall be imposed on +criminal actions brought before courts in accordance with the Schedule +attached to this Law. +2. Characterization of action as a felony or a misdemeanor shall be determined +by the description which the court hearing the action eventually concludes . + +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (15) +Maturity Date of the Fee +Fees set forth in article (14) hereof shall be payable when the court convicts the +accused and obligates, under its judgment, the convict to pay the due fee. As for +rehabilitation actions, their fees shall be payable in advance . + + + +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (16) Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts 8 + No Plurality of Fees +Fee shall not be pluralized depending on multiplicity of charges or the accused. + +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (17) +Fees in Case of Waiver +Fees imposed on objections, appeals or objections for cassation shall be payable even +if the accused waive s the same . + +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (18) +Collection of Fees , Expenses and Fines +Fees, expenses and fines imposed on the accused shall be collected from the amounts +deposited with the treasury as security for temporary release or as bails or from any +other amounts belonging to the convict and deposited with the treasury , and the +remaining am ount shall be collected by the fee collector at the public prosecut ion or +the court . + +Chapter Four +Fees of Civil Actions Emanating from Criminal Actions +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (19) +The provisions hereof shall apply to civil actions instituted before the criminal courts, +subject to the following : +1. The Plaintiff shall be obligated to pay the due fee in accordance with the rules set +forth in this Law. +2. No new fees shall be collected if the plaintiff is referred to the competent civil court, +or a judgment dismissing the civil action before the criminal courts is entered. +3. If the objection, appeal or objection for cassation of the accused is limited to the +judgment entered on civil action, the fees shall be collected in accordance with the +provisions of the c ivil fees set forth in th is Law. +Chapter Five Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts 9 + Multiple Motions +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (20) +Fee of Multiple Motions +1. If an action contains motions of a known value arising out of single legal ground, +the fee shall be calculated according to the total value thereof. If they arise out of +various legal grounds, the fee shall be calculated on a case -by-case basis. +2. If an action contains motions of known value and other s of unknown value , the +fee shall be calculated on a case -by-case basis. +3. If an action contains motions all of which are of unknown value , arising out of +various legal grounds , the fee shall be calculated on a case -by-case basis and shall +be collected for total motions. +4. If an action contains a principal motion and an alte rnative or ancillary motion, the +higher fee shall be imposed. Additional motions shall be attached to the principal +motion and the fee shall be calculated on the basis of total motions. + +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (21) +The Highest Fee in the Transaction +If a transaction contains a number of motions for each of which a certain fee is payable, +the highest fee shall be calculated and it is the only to be payable. + +Chapter Six +Fee Collection Rules +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (22) +Collection of Fees +1. Fees shall be binding on the party obligated by the judgment to pay the action +expenses and shall be settled on this basis. The appeal shall not prevent the +collection of such fees . +2. A judgment creditor shall receive a writ of execution without being contingent on +collect ing the remaining fees payable from others. Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts 10 + 3. The action management office shall annotate the copy of the judgment, indicating +the payable fees to be under consideration of the execution judge if he proceeds +with execution of the judgment . Such annotation, after being signed by the chief +justice or the judge, as the case may be, as an calculation of the fees, and shall be +served with writ of execution . +4. If the litigant fails to apply for obtaining a writ of execution within ten days as of +the entry date of the judgment. The action management office shall calculate the +payable fees by an order to be issued by the chief justice or the judge, as the case +may be, and the party obligated to pay the fees shall be served to pay the same in +the State Treasury . + +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (23) +Restoration of Security +A party in whose favor a final judgment is entered may get back the security deposited +with the court for the payment of fees. + +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (24) +Fee Difference +If it is found that the executable judgment has adjudicated to pay an amount more +than the amount for which the court fees are paid, the writ of execution shall be +delivered to the party in whose favor the judgment is entered and the fees, including +the fee difference, shall be binding on the party obligated under the judgment to pay +the fees and expenses. + +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (25) +Objection to Fees +Any interested party may object to the amount of fees . The objection shall be effective +if declared before the process server upon serving the order of estimating the fees or +by a report in the action management office within eight days following the service Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts 11 + date, and the action management office shall set, in the same report , the day on which +the objection will be heard. + +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (26) +Adjudication in the Objection and Appeal ing it +The Objection shall be filed with the court whose chief justice issues the calculation +order or to the judge, as the case may be. The judgment shall be entered after hearing +the statements of the action management office and the objector if he attends, and the +judgment delivered on the objection to court fees shall be final if the value of adjudged +fees in the objection is not more than ( AED 1,000) one thousand dirhams . Such +judgment may be appeal ed within fifteen days as of the service date ; otherwise, the +right to the objection for cassation shall be extinguished and the judgment delivered +by the Court of Appeal shall be final. + +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (27) +Cases of Fees Refund +1. The full fees shall be refunded in the following cases : +A. If a motion for interpreting or correcting a judgment or omission of a motion is +granted; +B. If a motion for disqualification of a judge or a prosecuting attorney is granted +or if a judgment is entered in favor of the plaintiff; +C. If a motion for disqualification of an expert is granted; +D. If a rule is entered to cancel the auction for a reason not attributable to the party +who paid the fee . +E. In case of stay of execution at the request of interested parties before +proceeding with its proce dures ; +2. Half of the fee amount shall be refunded in the following cases : +A. If the dispute is settled by conciliation before setting a date for adjudication on +a plea or interlocutory or final judgment . Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts 12 + B. If the plaintiff or petitioner waives the action before the close of pleadings or +setting a date for adjudication on the action or objection for cassation . +3. Motions for refunding fees shall not be heard after the lapse of (60) sixty days from +the date of the last procedure . +4. No new fee s shall be collected if the appeal or objection for cassation adjudicated +to remand the case to the court which entered the challenged judgment . + +Chapter Seven +Postponement of Fees and Exemption +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (28) +Postponement by Chief Justice +1. The Chief Justice of the competent court or any judge authorized thereby , at his +discretion , may postpone the payment of fee or part thereof upon motion by the +interested parties , in accordance with the controls and conditions to be set by the +Minister of Justice . +2. The interested parties shall submit a motion to the Chief Justice, indicating its +grounds and containing the supporting documentation and evidence. The Chief +Justice may conduct the necessary investigations by himself or by his authorized +representative and hear the movant if necessary . +3. The motion shall be granted or denied within fifteen days from the date of +submission . + +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (29) +Exemption by Minister of Justice +The Minister of Justice may, in accordance with the rules laid down thereby , exempt +from fees or part there of if the insolvency of the obligated party is proved . + +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (30) +Exemption by Operation of Law +The following shall be e xempt from the civil court fees by operation of law : Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts 13 + 1. Federal government and local agencies , associations , public utility institutions, and +all those exempt from fees under a federal law, at all levels of the action and +execution . +2. Motion for establishing family and charitable endowments, and motion for +guardianship of children of unknown parentage and for establishing grants and +charity certified by the Chief Justice . +3. Actions , appeals , motions and procedures relating thereto, filed by workers , +supporting service workers and the like, or their heirs, petitioning their +entitlements arising from labor relations, at all levels of the action and execution . +4. Actions instituted by persons with disabilities pursuant to the provisions of the +Federal Law regarding the Rights of Persons with Disabilities, at all levels of the +action and execution . +5. Orders , actions, appeals, motions and procedures relating to alimony and motions +for the conciliatory payment, dowry , house maid wage and others if they are filed +by the movant for alimony, at all levels of the action and execution . +6. Motions for death and inheritance declaration . +7. Motions and transactions relating to the following matters : +A. Declaration for the purpose of requesting social or humanitarian aid or +dependency . +B. Declarations of pensions . +C. Embracing Islam . +The exemption shall cover the fees of copies and cert ificates . +8. Motion for the execution of judgments and renewal after nonsuit in personal +status actions . + +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (31) +Exemption by Court Order +1. The competent judge or the Chief Justice may exempt the testimony applicant +on personal status actions from the testimony fee if their poverty is proved . Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts 14 + 2. The Chief Justice may exempt the plaintiff from the fee of renewal after nonsuit +if the Plaintiff submits an excuse accepted by the chief justice on the following +day. + +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (32) +Expiration of Postponement or Exemption Decision +Postponement or exemption decisions set forth in Articles (28) and (29) and Clause +(1) of article (31) shall expire if it is proved that the applicant is able to pay the fees +during the hearing of the action and before th e full execution of the judgment, +provided that, the fees shall be collected, in all cases , from the first payments received +for execution in favor of the party for which the fees are postponed or who is exempt +from the fee . + +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (33) +Exemption from the Security +Whoever is exempt ed from the court fees shall be exempt from the security. + +Chapter Eight +Cases Where No Fee Imposed +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (34) +No deposit fee shall be imposed on the following : +1. Amounts deposited by the bankruptcy trustees on the account of bankruptcy or +restructuring . +2. Amounts deposited by bidders as a part of the price of the property . +3. Amounts collected by the execution officer for the benefit of beneficiaries . +4. Amounts deposited by federal government and local agencies, public authorities or public institutions affiliated thereto for the interested parties . + + Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts 15 + Chapter Nine +Final Provisions +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (35) +Priority in Fees Collection +The State Treasury shall have the priority for collect ing the fees imposed on all +properties of civil individuals or those bound to pay the same . Such fees shall be +collected by the execution department of the competent court . + +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (36) +Exemption from Criminal Action Fees and Collection Priority +Matters relating to the exempt ion f rom fees and determination of the privilege +concerning fees of criminal actions shall be subject to the p rovisions governing such +matters set out in this Law. + +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (37) +Devolution of Fees +All fees prescribed in accordance with the provisions hereof shall devolve to the State +Treasury and it shall be delivered to the Ministry of Finance . + +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (38) +Fees Determined by the Cabinet +The Cabinet shall issue a resolution determin ing the electronic service fees and fees of +serving notices provided by private companies and institutions . + +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (39) +Electronic Payment +Fees prescribed in accordance with the provisions hereof may be electronic ally paid, +in accordance with the rules to be issued by the Minister of Finance . + Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts 16 + " +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (40) +Repeal and Transitional Provision +1. Federal Law No . (32) of 2005 and Federal Law No . (8) of 1978 referred to above +as well as any other provision inconsistent or discrepant with the provisions hereof +are hereby repealed. +2. The r egulations and resolutions applicable on the issuance date hereof shall +remain in force, to the extent the same does not contradict with the provisions +hereof , until the regulations and resolutions in implementation hereof are issued . + +" +justice and juiciary,Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts,"Article (41) +Publi shing and Entry into Force +This Law shall be published in the Official Gazette, and shall come into full force and +effect one month following the publishing thereof . + + + +Khalifa bin Zayed Al Nahyan +President of the United Arab Emirates + Issued by u s, in the Presidential Palace , Abu Dhabi : +On: 16 Sha aban 1437 A .H. +Corresponding to : 23 May 2016 AD + + + + + + + Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts 17 + Annex to Federal Law No. (13) of 2016 on Court Fees before Federal Courts +Court Fees Schedule +S.N Description Chargeable Fee +Civil Actions +1 Claims filed with Urgent Matters Courts and +their appeals AED 500 +2 Criminal actions of unknown value AED 1,000 +3 Plenary actions of unknown value AED 3,000 +4 Actions for Receivership 3% of the value of +property to undergo +receivership, at a +maximum of AED 30,000 +5 Claims in civil or commercial district actions +of known value 4% of the action's value at +a minimum of AED 100 +6 Claims in civil or commercial plenary actions +of known value 4% for the first AED 1,000 +and 5% for the excess +amount, at a maximum of +AED 30,000 +7 Initiated administrative action and +challenging the decisions issued by the +administration AED 2,000 +8 Appealing or objecting for cassation the +administrative judgments and decisions AED 1,000 +9 Appealing the execution judge's decisions on +administrative actions AED 500 +10 Motion for an Order on Petition on personal status actions or challenging it AED 50 +11 Motion for travel ban on personal status +actions or challenging it AED 100 Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts 18 + 12 Muslim and non -Muslim personal status +action, except for motions for alimony, +dowry, conciliatory payment to divorced +wife, child custody, divorce claim, rescission +of marriage contract, housemaid or housing +fees AED 50 for each motion +with the exceptions +shown in this item +13 Appealing the interlocutory decisions and +judgments on personal status actions AED 100 +14 Appealing the final judgments on personal +status actions AED 100 +15 Objection for cassation against judgments +entered on personal status ac tions AED 100 +16 Action for estate division or opening an estate file AED 500 +17 Motion for appointment, renewal, removal or +replacement of will executors, AED 200 +18 Application for certification or notarization +and registration of entry and authentication +of personal status contracts (except for +embracement of Islam or social aid +certification), except for matters AED 50 +19 Applying for affixing seals and moving to affix +same on the estate property and counting it AED 500 +20 Application for allowing a minor to engage in +trade AED 200 +21 Action or order to deliver a passport AED 100 +22 Objections to execution on personal status +matters AED 50 per objection Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts 19 + 23 Financial claims related to personal status +actions between the couple and challenging +the same 1% of the value of the +claimed object or amount +at a maximum of AED +30,000. +24 Action for announcement of civil insolvency AED 500 +25 Action for announcement of bankruptcy or +(preventive) composition; this fee includes +court procedures up to the end of bankruptcy +or (preventive) composition procedures, and +does not include costs of publishing in +newspapers and posting the bankruptcy +judg ment. AED 500 +26 Motion for affixing stamps and moving to +affix the same on the funds of companies and +organizations and making an inventory of +them. AED 500 +27 Motion for appointing or replacing a trustee, +custodian, temporary administrator, estate +liquidator AED 200 +28 Action for removing common ownership of a +property 2% of the value of entire +property at a maximum of +AED 30,000. +29 Action instituted against the judges, +prosecuting attorneys or for disqualifying +them. AED 5,000 +30 Disqualification of experts or arbitrators AED 1,000 +31 Action for signature validity AED 300 +32 Action for easement AED 500 +33 Motion for appointment or removal of +arbitrator (other than personal status actions) AED 500 Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts 20 + 34 Motion for leave to sell pledged property 2% of the value of +property to be sold, so +that the fee does not +exceed 30,000. +35 Motion for a judgment to cancel or strike off +the mortgage AED 300 +36 Motion for acceleration of action after agreed suspension AED 300 +37 Motion to renew action from nonsuit (except for personal status actions). AED 300 +38 Action for affirmation or invalidation of +arbitral awards AED 3,000 +39 Authentication and registration of civil and +commercial papers and agreements and +related documen tation AED 200 +40 Challenging the resolutions of the committee on enrollment of experts or lawyers and the +like AED 1,000 +41 Notices and notifications (other than the +service of statement of claim or judgment, +and notices relevant to the progress of claim +brought before the court) AED 300 +42 Motion for exhibiting the money or +movables…etc AED 200 +43 Delivery of funds, securit ies, jewels…etc. AED 300 +44 Delivery of trademarks, commercial data, or invention -related specifications AED 1,000 +45 Delivery of home or store keys…etc. AED 100 Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts 21 + 46 Any photocopy of any of the action's papers +subject to leave of the judge or court +president AED 1 +47 Any certified copy of any of the action's +papers subject to leave of the judge or court +president AED 5 +48 Any certificate issued on civil, commercial +and Sharia actions subject to leave of the +Court AED 50 +49 Objecting the sale of commercial store AED 1,000 +50 Motion for imposing provisional attachment of property, aircraft, ships and the like. AED 5,000 +51 Motion for replacement of a receiver AED 1,000 +52 Motion for replacement of attached +property's administrator AED 100 +53 Motion for a ""No Attachment Certificate"" AED 10 +54 Motion for resale at the expense of the +Auction's first winner 1% of the value of price of auction at a maximum of +AED 10,000 +55 Motion for intervention by parties, while the +court -ordered impleader has no fee AED 55 +56 Action for forced delivery of instruments AED 500 +57 Proportionate fee chargeable to the auction's winner 3% of the price at a maximum of AED 10,000 +58 Action for contract validity and enforceability +or valid contracting 5% of the contract value +at a maximum of AED +30,000 +59 Application for a certificate that there are no +pending cases or prior judgments entered +against the applicant AED 10 Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts 22 + 60 Authenticating the certificates and judgments +to be used abroad AED 100 +61 Action for accelerating a hearing date AED 20 +62 Filing the dispute with the conciliation and +settlement committees Free +63 Motion for Rent payment 3% of the action's value +64 Action for dissolution of a company and/or +appointment of a liquidator 4% of the company's +capital, provided that the +fee is not less than AED +100 and does not exceed +AED 30,000. +65 Copy of a judgment for a party to the action for the first time AED 10 +66 Copy of a judgment for a party to the action +for a subsequent time AED 100 +67 Copy of a judgment for a non -party subject to +the leave of the court president and legal +entity AED 300 +68 Application for an order on petition except for travel ban and provisional attachment AED 300 +69 Motion for provisional attachment AED 500 +70 Appealing, objecting to or challenging the +provisional attachment order AED 300 +71 Appealing the order on petition and travel +ban except for personal status matters AED 300 +72 Application for travel ban (without prejudice +to the bail decided by the compe tent court) AED 2,000 +73 Action for attachment validity AED 300 Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts 23 + 74 Motion for appointing an expert, if filed in the +form of an initiated independent action or to +substantiate a status AED 500 +75 Objection for cassation on all final judgments +except for the personal status cases AED 2,000 +76 Moving for or appealing the payment order 4% of the value of motion +or action at a maximum of +AED 30,000, provided that the fee is not less +than AED 100 in a ll cases +77 Appealing the payment order Half of the order amount` +78 Appealing ancillary judgments and matters Half of the appeal fee +79 Fees of appealing judgments on civil and +commercial actions, except for personal +status matters 5% of the appeal's value +at a maximum of AED +10,000 +80 Motion for reconsideration (to be fully +returned if the judgment is entered in favor of +the moving party AED 1,000 +81 Stay of execution of the appealed judgment AED 500 +82 Motion for interpretation of judgment or +disregard of motions (fee to be returned in a +judgment is entered in favor of the moving +party) AED 300 +83 Motion for transfer of attachment on other +money other than the attached money AED 200 +84 Application for execution of executive deeds +except for deeds related to personal status +claims 2% of the value of +executive deed, provided +that it is not less than AED +500 and not exceeding +AED 3,000 Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts 24 + 85 Application for execution of deeds of +unknown value AED 300 +86 Execution of a foreign judgment AED 3,000 +87 Motion for stay of self -executing judgment AED 300 +88 Objection to sale terms list if related to the +execution procedure AED 200 +89 Application for affixing the writ of execution +on arbitral awards of unknown value AED 500 +90 First -time objection to execution by the +judgment debtor AED 500 +91 Any subsequent objection to First -time +execution objection by the judgment debtor AED 1,000 +92 Any objection, appeal or challenge to +execution filed by a non -party AED 50 +93 Appeals or challenge filed against the +decisions or judgments of execution judge AED 500 +94 Application for stay of judgments upon +objection for cassation, except for personal status cases AED 1,000 +95 Objection to the execution judge's decis ion +(involvement, distribution) AED 300 +96 Security amount paid to the Supreme Federal +Court AED 2,000 +97 Any application (motion) of known value not mentioned on the schedule 2% of total value thereof +at a maximum of AED +30,000 +98 Any other application (motion) not +mentioned on the schedule AED 300 +99 Cases of violations, appealing and objecting +to them AED 25 Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts 25 + 100 Cases of misdemeanors, appealing and +objecting to them AED 50 +101 Cases of felonies, procedures reconsideration +and appealing AED 100 +102 Cassation cases and motions for +reconsideration AED 200 +103 Rehabilitation cases AED 200 +104 Motion submitted to the Public Prosecution +for cassation, appeal or motion for +reconsideration AED 20 +105 Application for redemption of bails or +security AED 20 +106 Application involving a plea for mercy AED 20 +107 Application for releasing an Accused on bail AED 20 +108 Application for objection to execution AED 20 +109 Application for withdrawal of documents AED 20 +110 Application for receipt of passport or +replacement of bail AED 200 +111 Application for receipt of a vehicle AED 20 +112 Application for an international arrest +warrant or cancellation of an international +arrest warrant AED 20 +113 Application to get a case summary AED 20 +114 Application to temporarily cease searching +for an Accused AED 20 +115 Application to get previous convictions of an Accused AED 20 +116 Application for a certificate on the conduct of an action or any procedure thereon AED 10 Federal Law No. (13) of 2016 Concerning Judicial Fees Before Federal Courts 26 + 117 Application for a formal copy of judgment by +a party to the action AED 10 +118 Application for a formal copy of judgment by a non -party to the action AED 10 +119 Application for uncertified photocopy or +electronic copy of the action's papers (per +paper ) AED 1 +120 Application for a certified true copy of the +action's papers (per paper) AED 5 +121 Other applications by the Public Prosecution not mentioned in the above applications AED 20 + + + " +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (1) Definitions +In applying the provisions of this Decree Law, the following words and expressions shall have the meanings ascribed thereto respectively, unless the context otherwise requires: + State: + United Arab Emirates. + TDRA: + Telecommunications and Digital Government Regulatory +Authority. + + Board: + Board of Directors of TDRA. + +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 3 + Chairman: + Chairman of the Board of Directors of TDRA. + + Government +Authorities: + Federal and local government authorities. + + Competent +Authorities: + Government Authorities responsible for matters related to +data protection and electronic security in the State, and the +Federal Authority for Identity and Citizenship, as the case may +be. + + Federal Authority +for Identity and +Citizenship: + The Federal Authority for Identity, Citizenship, Customs and +Port Security. + + Electronic: + Electromagnetic, photoelectric, digital, optical, or the like. + + Electronic +Transactions: + Any transaction that is made, executed, provided or issued in +whole or in part in electronic form, including contracts, +agreements and other transactions and services. + + Electronic Dealing: + Creating, signing, sending, receiving, storing or retrieving +Electronic Documents. + + Information Any electronic tool for performing logic and arithmetic +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 4 + Technology Means: + operations or for storing, sending and receiving data. + + Electronic +Document: + An electronic record or message, or an information statement +that is created, stored, extracted, copied, sent, communicated +or received by Information Technology Means, on any +medium, and is retrievable in a readable manner. + + Data: + A set of facts, measurements and observations in the form of +numbers, letters, symbo ls, or special shapes that are collected +to be used. + + Electronic +Information: + Any data or information that can be stored, processed, +generated and transmitted by Information Technology Means +in the form of text, images, audio, video, numbers, letters, +symbols, signs and else. + + Electronic +Information System: + A set of Information Programs and Information Technology +Means designed to create, process, manage, store and +exchange Electronic Information or the like. + + Originator: + A person, by whom, or on w hose behalf, the Electronic +Document is created or sent, whatever the case may be, but +does not include a person who provides services related to +processing, sending or storing such Electronic Document or +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 5 + other relevant services. + + Addressee: + A person wh o is intended by the Originator to receive the +Electronic Document, but does not include a person who +provides services related to receiving, processing or storing +Electronic Documents or other relevant services. + + Information +Program: + A set of data, ins tructions and commands processable by +Information Technology Means, intended to perform a certain +task. + + Automated +Electronic Medium: + An Electronic Information System that operates automatically +and independently, in whole or in part, without interventi on +by any natural person at the time of operation or response. + + Automated +Electronic +Transactions: + Transactions made or executed in whole or in part by an +Automated Electronic Medium. + + Authentication +Procedures: + Electronic procedures that aim to veri fy the identity of a person +or his/her legal representative or the authenticity and integrity +of the data received in any electronic form, including any +procedure that uses algorithms, symbols, words, identification +numbers, encryption and other data prote ction measures. +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 6 + Electronic +Identification +System: + Technical and organizational measures that use a person's +data to verify his/her identity and capacity for the purpose of +issuing his/her Electronic Identifiers. + + Electronic Identifier: + Any material or immaterial identifier issued through the +Electronic Identification System that includes personal +identification elements or data for the purpose of verifying a +person's identity. + + Digital Identity: + A special Electronic Identifier that gives a person access to +carry out Electronic Transactions, signatures and seals with +government or non -government authorities that adopt such +an identifier to provide their services. + + Trust Services: + The electronic services specified under Clause (1) of Article +(17) hereof which a Trust Service Provider is licensed to +provide according to the License issued thereto. + + Qualified Trust +Services: + The electronic services specified under Clause (2) of Article +(17) hereof which a Qualified Trust Service Provider is licens ed +to provide according to the License issued thereto. + + Electronic Signature +Authentication A document issued in electronic form by a Trust Service +Provider that links between the verification data of the +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 7 + Certificate: + Electronic Signature and a specific person and attributes it to +his/her Electronic Signature, confirming the name and identity +of such person or his/her pseudonym. + + Qualified Electronic +Signature +Authentication +Certificate: + An electronic signature authentication document issued by a +Qual ified Trust Service Provider based on the Electronic +Identification System and Authentication Procedures that +meets the conditions approved by TDRA in this regard. + + Electronic Signature: + A signature consisting of letters, numbers, symbols, sound, +finger print, or an electronic form processing system, attached +to, or logically associated with an Electronic Document, +verifying the identity of the Signatory and his/her approval of +the information contained in such document. + + Reliable Electronic +Signature: + An electronic signature that meets the conditions specified in +article (19) hereof. + + Qualified Electronic +Signature: + A Reliable Electronic Signature that is created by a qualified +electronic signature device, and is issued based on a Qualified +Electron ic Signature Authentication Certificate. + + Electronic Seal: + Data in electronic form that is attached to or logically +associated with an Electronic Document, used to verify the +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 8 + identity of the relevant person and the authenticity and +integrity of the data source in such document. + + Reliable Electronic +Seal: + An electronic seal that meets the conditions specified in Article +(19) hereof. + + Qualified Electronic +Seal: + A Reliable Electronic Seal that is created by a qualified +electronic seal device, and is i ssued based on a Qualified +Electronic Seal Authentication Certificate. + + Electronic Seal +Authentication +Certificate : + A document issued in electronic form by a Trust Service +Provider that links between the verification data of the +electronic seal and a sp ecific legal person, confirming the +name and identity of such person. + + Qualified Electronic +Seal Authentication +Certificate: + An electronic seal authentication document that meets the +conditions approved by TDRA in this regard and is issued by a +Qualifie d Trust Service Provider based on the Electronic +Identification System and Authentication Procedures. + + Electronic Signature +or Seal Creation +Data: + Unique electronic data that is owned, supervised and +controlled by the Signatory and used to create an ele ctronic +signature or seal. + +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 9 + Signatory: + A person who creates an electronic signature or seal. + + Electronic Signature +or Seal Device: + Systems, software or devices that are used to create an +electronic signature or seal of its various levels in accord ance +with this Decree Law. + + Qualified Electronic +Time Stamp: + Data in electronic form which binds an Electronic Document +to a particular time establishing evidence that its content +existed at that time. + + Qualified Electronic +Delivery Service: + A servic e for the transmission of data between persons by +electronic means that provides evidence of sending and +receiving the data, protects transmitted data against the risk of +loss, theft, damage or any unauthorized alterations, and +confirms the identity of suc h persons. + + Person: + A natural or legal person. + + Relying Party: + A person who relies on electronic Trust Services to provide +services or transactions or to perform any other act. + + Qualified Trust +Mark: + A mark or logo that proves that the Trust Servi ce Provider is +qualified by TDRA to provide qualified electronic Trust +Services. +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 10 + + Trust Service +Provider: + A person who is licensed by TDRA, in accordance with the +provisions of this Decree Law and the Executive Regulations +thereof, to provide one or mor e Trust Services. + + Qualified Trust +Service Provider: + A Trust Service Provider who is granted the qualified status by +TDRA to provide Trust Services and Qualified Trust Services, +according to the status granted thereto. + + Licensee: + A legal person who i s licensed by TDRA in accordance with the +provisions of this Decree Law and the Executive Regulations +thereof. + + License: + An authorization issued pursuant to the provisions of this +Decree Law and the Executive Regulations thereof allowing +the Licensee to proceed with any Trust Services or Qualified +Trust Services. + + UAE Trust List: + A list prepared and published by TDRA that determines Trust +Service Providers, Qualified Trust Service Providers, the +services and data related thereto, the status of license and their +compliance with this Decree Law, the Executive Regulations +thereof, and the decisions issued by TDRA in implementation +thereof. +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 11 + + Compliance +Assessment: + An assessment made by TDRA, or any other entity authorized +thereby, to ascertain whether t he license applicants and +Licensees comply with the conditions, controls and standards +approved under this Decree Law and the decisions issued in +implementation thereof. + + Coordinated +Universal Time +(UTC ): + The time scale, based on the standard second, as defined by +the international standards. + + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (2) Applicability of the Decree Law +1. The provisions of this Decree Law shall apply to: +a. Persons who adopt Electronic Transactions , Trust Services and Qualified Trust +Services specified in accordance with the provisions of this Decree Law. +b. Electronic Transactions, Electronic Documents, Trust Services, Qualified Trust +Services, and the necessary procedures for completion thereof. +2. The Cabinet may add, delete or exclude any transaction, document, service or procedure +mentioned in Paragraph (B) of Clause (1) of this Article, and may exclude any entity from +all or some of the provisions of this Decree Law. +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 12 + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (3) Objectives of the Decree Law +This Decree Law aims to: +1. Enhance trust, encourage and facilitate Electronic Transactions of all kinds, and protect +the rights of customers. +2. Keep pace with technological development to enhance Electronic Transactions in all sectors. +3. Promote digital transformation, investment, and provide electronic services to the +public. + + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (4) Competencies of TDRA +For the purposes of applying the provisions of this Decree Law, TDRA shall have the +following competencies: +1. Regulating the work and activities of the Licensees, including issuing, renewing, amending, suspending and canceling Licenses, exempting from licensing or some or all +of its conditions, and granting or withdrawing the qualified status, after ensuring that the +Licensees comply with the controls, standards and requirements agreed upon with the +Competent Authorities. +2. Issuing controls, procedures and standards related to the Electronic Identification +System, Authentication Procedures and Digital Ident ity, after coordination with the +Competent Authorities. +3. Issuing controls, procedures and standards related to Trust Services and Qualified Trust +Services, in particular the mechanism for creating, saving and validating Electronic +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 13 + Signatures, Electronic Seals, Electronic Documents electronically signed or sealed, and +Qualified Trust Mark specifications, after coordination with the Competent Authorities. +4. Assessing license applicants or those licensed thereby or by the compliance assessment +body and setting controls and conditions for regulating the work of compliance +assessment bodies. +5. Preparing, publishing and updating the UAE Trust List of Licensees, Trust Services and +Qualified Trust Services. +6. Supervising, controlling and inspecting Licensees, provided that coordination is made with the Central Bank of the United Arab Emirates regarding the inspection of the +financial institutions licensed thereby. +7. Receiving and adjudicating complaints and taking the necessary procedures and +measures with respect thereto. +8. Any other competencies assigned thereto by the Cabinet. + + +Chapter Two Electronic Transactions + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (5) Electronic Documents +1. An Electronic Document shall not lose its legal force or enforceability for being in +electronic form. +2. The data contained in Electronic Documents shall not lose its legal force for being +received, whenever the details of such data are accessible, within the Electronic +Information System of its Originator, with the Electronic Documents indicating the way +of such access. +3. Nothing in this Decree Law requires a person to use an Electronic Document without the +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 14 + consent thereof. +4. A person's consent to the use of the Electronic Document may be inferred from any +conduct that indicates such consent. + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (6) Storage of Electronic Documents +1. If any legislatio n in force in the State requires the storage of a document, record or +information, for any reason, this requirement shall be fulfilled if that document, record +or information is stored in the form of an Electronic Document, while observing the +following: +a. Storing the Electronic Document in the form in which it is created, sent or received, +or in any form that may prove that it accurately represents the information originally +created, sent or received. +b. Keeping the information stored in a way that allows it to be used and referenced +later. +c. Storing such information, if any, that enables identification of the Originator of the +Electronic Document, the destination thereof, and the date and time of sending and +receiving same. +2. The obligation to store d ocuments, records or information in accordance with Paragraph +(C) of Clause (1) of this Article shall not extend to include any information that is necessarily and automatically created merely to enable the sending or receiving of the +document. +3. Any pe rson may fulfill the requirements stipulated in Clause (1) of this Article by using +the services of any other person, as long as such person complies with the conditions +stipulated in that Clause. +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 15 + 4. Government Authorities may set any additional requirem ents, that do not conflict with +the provisions of this Decree Law, for maintaining Electronic Documents that fall under +their jurisdiction. + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (7) Writing +If any legislation in force in the State requires any information, statement, document, record, transaction or evidence to be in writing, or stipulates certain consequences in the event of +no writing, this requirement shall be considered met by the Electro nic Document if the +information contained therein is stored in a way that allows it to be used and referenced. + + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (8) Signatures and Seals on Electronic Documents +1. If any legislation in force in the State requires the affixation of a signature or seal on a document or record, or stipulates certain consequences in the event of not signing or +sealing a document or record, this requirement shall be considered met in the following +cases: +a. Using a means of identifying a pe rson and indicating the intention of such person +with respect to the information contained in the Electronic Document. +b. If the means used meets either of the following two conditions: +1) To be qualified for the purpose for which the Electronic Document is created or sent. +2) To meet the requirements set forth in Paragraph (A) of Clause (1) of this Article, either alone or with any other evidence. +2. Any person may use any form of electronic authentication unless the law provides +otherwise. +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 16 + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (9) Original Document +If any legislation in force in the State requires the submission or storage of any document, +record, information or message in its original form, this requirement shall be considered met +by the Electronic Document in the following cases: +1. If there is technical evidence confirming the integrity of the information contained in the Electronic Document since the time when the document, record or information is +created for the first time in its final form as an Electronic Document. +2. If the Electronic Document allows presenting the information required to be submitted +whenever requested. +3. If there are any additional conditions related to the submission or storage of Electronic +Documents as determined by the Government Authority that supervises the submission +or storage of such records or information. + + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (10) Creation and Validity of Contracts +1. For contracting purposes, offer and acceptance may be expressed electronically. +2. A contract shall not lose its validity, evidential weight or enforceability merely because it is made in the form of one or more Electronic Documents. + + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (11) Automated Electronic Transactions +1. A contract may be made between Automated Electronic Mediums that include one or +more Electronic Information Systems that are prepared and programmed in advance for +this purpose. Such contract shall be valid, enforceable and legally effective even in the +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 17 + absence of personal or direct interference by any nat ural person in the process of making +the contract in these systems. +2. A contract may be made between an automated Electronic Information System in the +possession of a particular person and another person if the latter knows, or is supposed +to know, that such system will make or execute the contract automatically. + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (12) Attribution +1. An Electronic Document is considered issued by the Originator if he has issued it +himself. +2. In the relationship between the Originator and Addressee, an Electronic Document shall +be considered issued by the Originator in the following cases: +a. If it is sent by a person who has the authority to act on behalf of the Originator. +b. If it is sent by an electronic medium automated and programmed to operate +automatically by or on behalf of the Originator. +3. In the relationship between the Originator and Addressee, the Addressee shall have the +right to consider the Electronic Document as issued by th e Originator and to act on this +basis in the following cases: +a. If the Addressee correctly applies a procedure previously approved by the +Originator for the purpose of ensuring that the Electronic Document has been +issued by the Originator for this purpose. +b. If the Electronic Document received by the Addressee has resulted from the actions of a person who, based on his relationship with the Originator or any +agent of the Originator, can access a method used by the Originator to prove that +the Electronic Document is issued thereby. +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 18 + 4. The provisions of Clause (3) of this Article shall not apply in the following cases: +a. If the Addressee receives a notification from the Originator that the Electronic +Document has not been issued thereby, provided that the Addressee has been +given reasonable time to act according to the notification. +b. If the Addressee has known, or should have known, that the Electronic +Document is not issued by the Originator. +c. If it is unreasonable for the Addressee to consider the Electronic Document to be issued by the Originator or to act on this basis. +5. If an Electronic Document is issued or considered to be issued by the Originator or if the Addressee has the right to act on this basis in accordance with Clauses (1), (2) and (3) of +this Article, the Addressee may, within the framework of its relationship with the Originator, consider the Electronic Document received as the document that the +Originator has inten ded to send and to act on this basis. +6. The Addressee may consider every Electronic Document received thereby as a separate +document and to act on this basis. Clause (7) of this Article shall not apply if the +Addressee has known, or should have known, t hat the Electronic Document is a second +copy. +7. The provisions of Clauses (5) and (6) of this Article shall not apply if the Addressee has known, or should have known, that an error has occurred in the Electronic Document as +a result of a technical failure during transmission. + + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (13) Acknowledgment of Receipt +1. If the Originator has not agreed with the Addressee that the acknowledgment of receipt +shall be in a certain form or manner, the acknowledgment of receipt may be made by the +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 19 + following: +a. Any message from the Addressee, whether by electronic, automated or any other +means. +b. Any conduct on the part of the Addressee which shall be sufficient to notify the +Originator of receipt of the Electronic Document. +2. If the Originator has stated that the Electronic Document is conditional on receiving an +acknowledgment of receipt, it shall not have any legal effect until the Originator receives +the acknowledgment. +3. Without prejudice to the provision of Clause (2) of this Article, if the Originator requests an acknowledgment of receipt without specifying a date for receiving the +acknowledgment within a reasonable period, and unless a particular time has been specified or agreed upon, the Originator may send a notification to the Addressee statin g +that it has not received any acknowledgment of receipt and specifying a reasonable period during which the acknowledgment must be received. If the acknowledgment of +receipt is not received within the specified period, then it may deal with the Electronic +Document as if it has not been sent. +4. The provisions of Clauses (1), (2) and (3) of this Article shall apply in cases where the +Originator has requested or agreed with the Addressee, before or when sending the +Electronic Document or through the Electronic Document, to send an acknowledgment +of receipt of the Electronic Document. +5. If the Originator receives an acknowledgment of receipt from the Addressee, the +Addressee shall be deemed to have received the relevant Electronic Document, unless +proven otherwise, and an acknowledgment of receipt does not mean acknowledgment +of the c ontent of the Electronic Document. +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 20 + 6. If the acknowledgment of receipt received by the Originator states that the relevant +Electronic Document has met the technical conditions, whether agreed upon or specified in the applicable standards, those condition s shall be considered met, unless proven +otherwise. +7. The provisions of this Article shall not apply if there is an agreement between the +Originator of the Electronic Document and the Addressee to the contrary. + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (14) Time and Place of Sending a nd Receiving Electronic Documents +1. Unless an agreement is made between the Originator and Addressee on the place and +time of sending and receiving the Electronic Document, the following shall apply: +a. The Electronic Document shall be considered sent w hen it enters an information +system that is not under the control of the Originator or the person who has sent +the document on behalf of the Originator. +b. The time of receiving the Electronic Document shall be determined according to the following: +1) If the Addressee has designated an information system for the purpose of +receiving the Electronic Document, the Electronic Document shall be +considered received at the time it enters the designated information system or at the time the Addressee extracts the Electronic Document, if it is sent to +an information system belonging thereto, other than the information system +designated to receive the document. +2) If the Addressee has not designated an information system, the Electronic +Document shall be considered d elivered when it enters an information +system belonging to the Addressee, regardless of the difference between the +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 21 + place where the information system is located and the place where the +Electronic Document is considered to have been received in accordance w ith +Clause (2) of this Article. +2. Unless otherwise agreed between the Originator and Addressee, the Electronic +Document shall be considered to have been sent from the place where the Originator +has its place of business and received at the place where t he Addressee has its place of +business. +3. In applying the provisions of this Article: +a. If the Originator or Addressee has more than one place of business, the place of +business shall be the one that is most closely connected with the relevant +transact ion or the principal place of business if there is no such transaction. +b. If the Originator or Addressee does not have a place of business, it shall be +considered their respective habitual residences. +c. The habitual residence of a legal person shall be the headquarters or the place +where it is incorporated. + +Chapter Three Service Provider Licensing + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (15) +1. No person may provide Trust Services except after obtaining a license from TDRA in +accordance with the provisions of this Decree Law and the Executive Regulations +thereof. +2. No person may provide Qualified Trust Services except after obtaining a license from TDRA and the qualified status in accordance with the provisions of this Decree Law and +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 22 + the Executive Regulations thereof. +3. The Executive Regulations of this Decree Law shall set the conditions, controls, +standards and procedures for the licensing referred to in this Article. + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (16) +1. The Federal Authority for Identity and Citizenship shall set the controls, standards, and +requirements that must be met by the license applicant, service provider, or Qualified +Service Provider in the following two cases: +a. Trust Services or Qualified Tru st Services directed to the government sector. +b. Trust Services or Qualified Trust Services that depend on the data or services of the Federal Authority for Identity and Citizenship. +2. TDRA shall verify that the license applicant, service provider or Q ualified Service +Provider complies with the controls, standards and requirements stipulated in Clause (1) +of this Article. +3. TDRA shall suspend or cancel the License granted to a Trust Service Provider or a Qualified Trust Service Provider in the event of a violation of or non -compliance with +the controls, standards and requirements stipulated in Clause (1) of this Article. +4. TDRA shall coordinate with the Federal Authority for Identity and Citizenship in all cases +stipulated in this Article. + + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (17) Trust Services and Qualified Trust Services +Trust Services and Qualified Trust Services shall be determined according to the following: +1. Trust Services, including the following: +a. Creating an Electronic Signature and a Reliable Electronic Signature. +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 23 + b. Issuing an Authentication Certificate for the Reliable Electronic Signature. +c. Creating an Electronic Seal and a Reliable Electronic Seal. +d. Issuing an Authentication Certificate for the Reliable Electronic Seal. +e. Issuing an Authentication Certificate for the website. +2. Qualified Trust Services, including the following: +a. Qualified Electronic Signature creation services, including the following: +1) Issuing an Authentication Certificate for the Qualified Electronic Signature. +2) Issuing the Electronic Signature Device. +3) Managing the Qualified Electronic Signature Device remotely. +4) Storing data of the Qualified Electronic Signature. +5) Validating the Qualified Electronic Signature. +b. Qualified Electronic Seal creation service s, including the following: +1) Issuing an Authentication Certificate for the Qualified Electronic Seal. +2) Issuing the Qualified Electronic Seal Device. +3) Managing the Qualified Electronic Seal Device remotely. +4) Storing data of the Qualified Electronic Seal. +5) Validating the Qualified Electronic Seal. +c. Qualified Electronic Time Stamp creation service. +d. Qualified Electronic Delivery Service. + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (18) Admissibility and Authenticity of Electronic Evidence and Trust +Services +1. The admissibility of an Electronic Document, Electronic Signature, Electronic Seal or +Electronic Transactions as evidence in any legal proceeding shall not be precluded by the +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 24 + mere fact that it is received in electronic form and processed through Trust Servic es and +Qualified Trust Services. +2. A hard copy of an official Electronic Document shall be considered conclusive evidence +to the extent that it is identical to the original of such document. +3. A Qualified Electronic Signature shall be considered equal in its authenticity to a manual signature and shall have the same legal effect so long as it meets the conditions +stipulated in this Decree Law and the Executive Regulations thereof. +4. A Qualified Electronic Seal of a legal person shall be considered evidence of the validity +and integrity of the original information to which the Electronic Seal is linked. +5. A qualified date and time shall be verified through the Qualified Electronic Time Stamp whenever it is linked to correct data. +6. The Qualified Electronic Delivery Service shall be considered valid and legally effective if +it meets the conditions stipulated in this Decree Law and the Executive Regulations +thereof. +7. The Reliable Electronic Signature and the Reliable Electronic Seal shall be considered valid and legally effective if the conditions stipulated in this Decree Law and the +Executive Regulations thereof are met. +8. Trust Services and Qualified Trust Services shall meet the conditions stipulated in this +Decree Law and the Executive Regulations thereof. + + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (19) Reliable Electronic Signature and Reliable Electronic Seal +An Electronic Signature or Electronic Seal shall be reliable if the following conditions are +met: +1. Be linked to, and fall under the full and exclusive control of, the Signatory. +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 25 + 2. Be capable of identifying the Signatory. +3. Be linked to the signed data in a way that can detect any alteration to such data. +4. Be created using technical and security techniques in accordance with the technical +requirements specified by the Executive Regulations of this Decree Law. +5. Any other conditions specified by the Executive Regulations of this Decree Law. + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (20) Qualified Electronic Signature and Qualified Electronic Seal +1. A Qualified Electronic Signature or Qualified Electronic Seal shall be valid if the +following conditions are met: +a. The Electronic Signature and Electronic Seal are created based on a valid and +qualified Authentication Certificate in accordance with the provisions of this +Decree Law. +b. The Electronic Signature and Electronic Seal are created using a Qualified Electronic Signature or Seal Device. +c. The data proving the validity of the Qualified Electronic Signature and Qualified Electronic Seal is identical to the data submitted to the Relying Party. +d. The data identifying the Signatory in the qualified Authentication Certificate is +properly submitted to the Relying Party, and in case of using pseudonymization +techniques, the Relying Party must be informed. +e. It is created using technical and security techniques in accordance with the +requirements specified by the Exec utive Regulations of this Decree Law. +f. Any other conditions specified by the Executive Regulations of this Decree Law. +2. The Qualified Electronic Signature and Qualified Electronic Seal validation service shall +be provided by the Qualified Trust Service Provider in accordance with the controls +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 26 + specified by the Executive Regulations of this Decree Law. +3. The Qualified Electronic Signature and Qualified Electronic Seal validation service shall +provide the Relying Party with the correct result to valid ate the signature and seal in an +automated, effective and reliable manner, and ensure the absence of any hacks. +4. The validation result of the Qualified Electronic Signature and Qualified Electronic Seal +shall be signed with a Reliable Electronic Signat ure or Reliable Electronic Seal by a +Qualified Service Provider or by any other method specified by the Executive +Regulations of this Decree Law. + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (21) Conditions for the Qualified Electronic Signature and Qualified +Electronic Seal Device +The Qualified Electronic Signature or Qualified Electronic Seal Device shall meet the following conditions: +1. Ensuring the confidentiality of the Electronic Signature or Seal Creation Data used. +2. Protecting the Electronic Signature or Seal Creation Data against any use by third parties +or forgery using the available technology. +3. The Electronic Signature or Seal shall be created once only. +4. The data to be signed shall not be modified or withheld from the Signatory before the signing or sealing process. +5. The Electronic Signature Creation Data shall be managed or created on behalf of the Signatory by the Qualified Trust Service Provider in accordance with the conditions, +standards and procedures specified by the Executive Regulations of this Decree Law. +6. Complying with the approved controls and procedures for the security and protection of +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 27 + information. +7. Any other conditions specified by the Executive Regulations of this Decree Law. + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (22) Storing the Data of Qualified Electronic Signatures and +Qualified Electronic Seals +A Qualified Trust Service Provider shall, when providing a data storage service for Qualified +Electronic Signatures and Qualified Electronic Seals, comply with the procedur es and +techniques that maintain the continuity of Trust Services and ensure the continued validity of the Qualified Electronic Signature in accordance with the conditions and period specified +by the Executive Regulations of this Decree Law. + + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (23) Qualified Electronic Time Stamp +The Qualified Electronic Time Stamp shall meet the following conditions: +1. The date and time are linked to the data in a way that prevents undetectable alteration of +the data. +2. Relying on an acc urate time source linked to UTC. +3. To be signed or sealed using a Reliable Electronic Signature or a Reliable Electronic Seal +by a Qualified Trust Service Provider, or by any other method specified by the Executive +Regulations of this Decree Law. +4. Any other conditions specified by the Executive Regulations of this Decree Law. + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (24) Qualified Electronic Delivery Service +The Qualified Electronic Delivery Service shall meet the following conditions: +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 28 + 1. To be provided by one or more Qualified Trust Service Providers. +2. Ensuring the identification of the sender based on a high level of security and trust, as +specified by the Executive Regulations of this Decree Law. +3. Ensuring the identification of the Addressee before the data is delivered. +4. Signing or sealing the sent data with a Reliable Electronic Signature or a Reliable +Electronic Seal by a Qualified Trust Service Provider or by any other method specified by +the Executive Regulations of this Decree Law. +5. Notifying both the sender and recipient of any necessary change in the sent data as +required by the service. +6. Stamping the time of sending and receiving data and any alterations thereto with a Qualified Electronic Time Stamp. +7. Any other conditions specified by the Executive Regulations of this Decree Law. + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (25) Authentication Certificates +1. An Authentication Certificate shall no longer be valid from the date of its cancellation. Such cancellation shall not apply retroactively to any Electronic Signature or Electronic +Seal made based on such certificate prior to that date. +2. No person may publish an Authentication Certificate if he knows that it is invalid or +cancelled, or if the p erson to whom it is addressed has refused to receive it. + + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (26) Qualified Trust Mark +A Qualified Trust Service Provider shall, when using a Qualified Trust Mark, comply with the +following requirements: +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 29 + 1. Indicating the Qualified Trust Services it is licensed to provide. +2. Linking the mark to an electronic link available to the public through its website that +leads to the UAE Trust Services List published by TDRA. + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (27) UAE Trust List +1. TDRA shall create a list of the Licensees and their services and a list of the Electronic Identification System and the Qualified Electronic Signature and Seal Devices, include +them in the UAE Trust List and publish them by any means it deems appropriate. +2. The two lists referred to in Clause (1) of this Article must include the basic information +about the Qualified Trust Service Providers, the Qualified Trust Services provided +thereby, and the details of the Qualified Electronic Signature and Qualified Electronic +Seal Devices. +3. The Executive Regulations shall set the controls and conditions for the inclusion of +Licensees, Trust Services and Qualified Trust Services in the UAE Trust List. + + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (28) Acceptance of Electronic Dealing and Trust Services +1. Nothing in this Decree Law requires a person to use or accept Electronic Dealing. +However, a person's consent to Electronic Dealing may be inferred from any conduct +that indicates such consent. +2. A person may use any form of Electronic Signatures or Electronic Seals, unless the +legislation in force provides otherwise. +3. The Digital Identity issued in accordance with the requirements of the Electronic +Identification System approved by TDRA, in coordination with the Federal Authority for +Identity and Citizenship, shall be adopted as a means of accessing the electronic services +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 30 + and transactions provided by Government Authorities. +4. The use of the Digital Identity issued through the Electronic I dentification System to +access government electronic services shall be considered to meet the requirements for +identification and personal presence if the Digital Identity provides the level of trust and +security required for dealing with those services in accordance with the provisions of this +Decree Law. +5. Government Authorities shall accept the use of Electronic Signatures, Electronic Seals, +Digital Identities of persons or Electronic Documents in the electronic services provided +thereby, by other Government Authorities or by whoever is delegated thereby, in +accordance with the form, standards and levels of trust and security determined by +TDRA. +6. Government Authorities may, according to their respective areas of competence +esta blished in the legislation in force, make Electronic Transactions, which will have the +same legal effect, in the following cases: +a. Accepting the filing, submission, creation or storage of documents in the form of +electronic records. +b. Issuing any docume nt, permit, license, decision or approval in the form of +electronic records. +c. Collecting fees or paying any other money in electronic form. +d. Tendering and receiving and awarding bids related to government procurement +electronically. +7. If the Governm ent Authority decides to carry out any of the acts mentioned in Clause (6) +of this Article, it may specify the following: +a. The way or form in which such Electronic Documents shall be created, filed, +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 31 + stored, submitted or issued. +b. The controls, conditions, and procedures for tendering, receiving and awarding +bids and concluding government procurements. +c. The form of the Electronic Signature and Seal, and the level of security required. +d. The way and form in which such signature or seal shall be affixed to the +Electronic Document and the technical criteria that must be met by the Trust Service Provider to whom the document is submitted for storage and filing. +e. Processes, controls and procedures of monito ring related to the safety, security +and confidentiality of Electronic Documents, payments or fees. +f. Terms and conditions related to sending paper documents, if required in relation to the Electronic Documents for payments and fees. +8. Government Autho rities shall archive Electronic Documents affixed with a Reliable or +Qualified Electronic Signature or with a Reliable or Qualified Electronic Seal in accordance with the controls specified by the Executive Regulations of this Decree Law. + + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (29) Responsibilities of the Relying Party +1. A Relying Party shall be held responsible for the consequences of the failure thereof to take the necessary measures to ensure the validity and enforceability of an Authentication Certificate and to observe any rest rictions thereon. +2. A Relying Party shall be held responsible for the consequences of the failure thereof to take the necessary measures to ensure the validity and enforceability of a Digital Identity +when using it. +3. A Relying Party, in order to tru st and rely on an Electronic Signature or Electronic Seal, +shall observe the following: +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 32 + a. Determining the security level of the Electronic Signature or Electronic Seal +according to the nature, value or importance of the transaction that is intended to be confirmed by the Electronic Signature or Electronic Seal. +b. Taking the necessary measures to verify the identity of the Signatory and the +validity of the Authentication Certificate. +c. Taking the necessary measures to verify that the Electronic Signature or +Electronic Seal used meets the requirements. +d. Whether it knows, or is supposed to know , that the Electronic Signature, +Electronic Seal or Electronic Authentication Certificate has been breached or +cancelled. +e. Any previous agreement or transaction between the Signatory and the Relying +Party that has relied on the Electronic Signature, Elec tronic Seal or Authentication +Certificate. +f. Any other relevant factors. +4. If the reliance on the Electronic Signature or Electronic Seal is not acceptable, according to Clause (3) of this Article, the party who has relied on them shall bear the risk o f +invalidity of such signature or seal and shall be responsible for any damage caused to the owner of the Electronic Signature or Electronic Seal or third parties. + + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (30) Responsibilities of the Signatory +A Signatory shall be held responsible for t he consequences of the failure thereof if the +following measures are not observed: +1. Exercising due diligence to avoid any unauthorized use of the Electronic Signature or +Seal Creation Data. +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 33 + 2. Notifying the concerned L icensee if it becomes known that there are doubts about +the level of security or validity of the Electronic Signature or Seal Creation Data +thereof that is used to create such signature or seal. +3. Ensuring the accuracy and integrity of any material data provided thereby in relation +to the Authentication Certificate throughout its validity period, in cases where the +use of this certificate is required. +4. Reporting any changes to, or lack of confidentiality of, the information contained in the Authentic ation Certificate. +5. Using valid Authentication Certificates. + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (31) Responsibilities of the Digital Identity Owner +The owner of the Digital Identity shall be held responsible for the consequences of the failure thereof if the following measures are not taken: +1. Exercising due diligence to avoid any unauthorized use of the Digital Identity. +2. Notifying the concern ed parties and persons immediately if it becomes known that +there are doubts about the level of security of the Digital Identity used in an electronic service or transaction. +3. Ensuring the accuracy and integrity of any material data provided thereby in relation +to the Digital Identity throughout its validity period. + + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (32) Availability of Trust Services for People with Disabilities +Trust Services and Qualified Trust Services shall, whenever possible, be made available to +natural persons with d isabilities, in accordance with the procedures and techniques that suit +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 34 + their needs or the nature of their special situation. + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (33) Electronic Identification System Security Levels +1. The levels of security and trust of the Electronic Identification System and the Digital +Identity issued thereby are three: low, medium and high, according to the following +general classifications: +a. Low level: means a low level of security and trust in t he Electronic Identification +System that provides a limited degree of trust and acceptability of the alleged +identity of a person, and refers to technical and administrative standards and +procedures aimed at reducing the risks of misuse or manipulation of that identity. +b. Medium level: means a medium level of security and trust in the Electronic +Identification System that provides a medium degree of trust and acceptability of +the alleged identity of a person, and refers to technical and administrative +stan dards and procedures aimed at minimizing the risks of misuse or +manipulation of that identity. +c. High level: means a high level of security and trust in the Electronic Identification +System that provides a high degree of trust and acceptability of the alleged +identity of a person, and refers to technical and administrative standards and +procedures aimed at eliminating any risks and preventing misuse or +manipulation of that identity. +2. A Licensee shall observe the following: +a. Indicating to the Relying Party the levels of security and trust of the Digital +Identity issued under the Electronic Identification System. +b. Ensuring compliance with the technical specifications, standards and procedures +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 35 + for the relevant level of security in the Electronic Identification System and Digital +Identity as approved by TDRA. +3. The Digital Identity used in Qualified Trust Services shall meet a high level of security +and trust. +4. TDRA shall, after coordination with the Competent Authorities, set the technical +conditions and standards that must be met in terms of security and trust levels, provided +that the following are observed: +a. Setting criteria for differentiating between the levels of security and trust according to the degree of trust and acceptability. +b. Authentication Procedures for the person requesting the issuance of the Digital +Identity. +c. The technical and security specifications of the Digital Identity, the procedures +for its issuance, and its issuing entity. +d. Authentication Procedures to confirm th e identity of any person to the Relying +Party. +e. Types of transactions and services provided by public or private entities. + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (34) Issuance of Authentication Certificates +A Qualified Trust Service Provider shall, when issuing a Qualified Authentication Certificate, +verify the identity and capacity of the person to whom the certificate will be issued, by any +of the following means: +1. Ensuring the presence of the person or the legal representative of the legal person. +2. Using a Digital Identity that meets the conditions stipulated in this Decree Law +regarding high levels of security. +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 36 + 3. A Qualified Electronic Signature Authentication Certificate or a Qualified Electronic +Seal Authentication Certificate issued by another Qualified Trust Service Provider. +4. Any procedure applicable in the State that is equivalent to the person's presence, in +accordance with the conditions and procedures specified by the Executive Regulations of +this Decree Law. + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (35) Obligations of Licensees +The Licensees shall have the following obligations: +1. Notifying TDRA, the Competent Authorities and the concerned person of any violation +or breach of the security and integrity of the data, immediately upon becoming aware of +such violatio n or within the period specified by the decisions issued by TDRA. +2. Indicating to the Relying Party the levels of security and trust of the Digital Identity +issued under the Electronic Identification System. +3. Ensuring compliance with the technical and security specifications, standards and procedures for the level of security required in the Electronic Identification System as +approved by TDRA. +4. Submitting a biennial report issued by the compliance assessme nt body to TDRA +regarding compliance with the terms of the License issued thereto and the decisions +issued thereby. +5. Protecting personal data and implementing controls and procedures in accordance with +the requirements of the competent authorities and the legislation in force. +6. Taking all necessary measures to manage any risks that may arise to ensure the security and safety of electronic Trust Services and Qualified Trust Services in a way that +prevents the occurrence of any security incidents or b reaches or minimizes their effects if +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 37 + they occur. +7. Preparing a service termination plan in accordance with the requirements specified by +the Executive Regulations of this Decree Law. +8. Any other obligations specified by the Executive Regulations of this Decree Law or other +legislation in force in the State. + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (36) Obligations of Qualified Trust Service Providers +Qualified Trus t Service Providers shall have the following obligations: +1. Complying with the terms of Licenses issued thereto. +2. Ensuring the accuracy of the material data in electronic Authentication Certificates +throughout their validity period. +3. Providing an appropriate means for the Signatories that enables them to report any +facts that raise doubts about any of the services provided thereby in accordance with +the Licenses issued thereto. +4. Providing Authentication Certificate cancellation service. +5. Notifying TDRA of any amendment to the data contained in the license application +or of their desire to suspend submission thereof in accordance with the conditions +and procedures specified by the Executive Regulations of this Decree Law. +6. Using technic ally reliable systems and products that ensure technical security and +are protected against any changes, modifications or hacks, as determined by TDRA and as approved by the Competent Authorities in this regard. +7. Keeping Electronic Documents, Electronic Signatures and Seals, and evidence related to identification for the period specified by TDRA. +8. Processing personal data in accordance with the legislation in force and the +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 38 + provisions of this Decree Law. +9. Creating and maintaining an updated datab ase of Authentication Certificates, in case +the Authentication Certificate service is provided by the Qualified Trust Service +Provider. +10. Developing an updated plan to terminate the provision of the electronic Trust Service to ensure the continuity of the service. +11. Refraining from providing the services in case of doubt about the accuracy of the +data or the validity of the document sub mitted to verify the information provided for +identification or establishment of the right to representation, or if there is a security impediment or risk. +12. Relying on official data sources of persons in the State to provide any of the +Qualified Trus t Services specified in the Licenses issued thereto. +13. Any other obligations specified by the Executive Regulations of this Decree Law or other legislation in force in the State. + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (37) International Trust Services +Qualified Trust Services pro vided by Qualified Trust Service Providers outside the State shall +be recognized if they are similar to the level of services provided by Qualified Trust Service Providers in accordance with the provisions of this Decree Law and the decisions issued by +TDR A. + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (38) Civil Liability +Trust Service Providers shall bear civil liability for any damages incurred by any person as a +result of breach of the obligations stipulated in this De cree Law, the Executive Regulations +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 39 + thereof and decisions issued by TDRA. + +Chapter Four Penalties + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (39) +Shall be punished by imprisonment and/or a fine of not less than one hundred thousand +(100,000) Dirhams and not more than three hundred thousand (300,000) Dirhams +whoever forges or participates in the forgery of an Electronic Document, Electronic +Signature, Electronic Seal, Authentication Certificate, Trust Services and other Qualified +Trust Services. +Shall be punished by temporary imprisonment and a fine of not less than one hundred and +fifty thousand (150,000) Dirhams and not more than seven hundred and fifty thousand +(750,000) Dirhams whoever forges or participates in the forgery of an Electronic Document, +Electronic Signature, Electronic Seal, Authentication Certificate, Trust Services and other +Qualified Trust Services of the federal or local government or federal or local public authorities or institutions. +Whoever knowingly uses the forged Electronic Document shall be punished with the same +penalty prescribed for the crime of forgery, as the case may be. + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (40) +Shall be punished by imprisonment for a period of not more than one year and/or a fine of not less than one hundred thousand (100,000) Dirhams and not more than one million (1,000,000) Dirhams whoever: +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 40 + 1. Unlawfully exploits any Trust Services or Qualified Trust Services. +2. Uses fraudulent methods or takes a false name or an incorrect capacity to obtain any +Qualified Trust Services. +If any of the foregoing acts are carried out with the intention of committing a crime, this shall +be considered an aggravating circumstance. + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (41) +Shall be punished by imprisonment for a period of not more than one year and/or a fine of +not less than fifty thousand (50,000) Dirhams and not more than five hundred thousand (500,000) Dirhams whoever creates, publishes or provides another person with an +Authentication Certificate, while being aware of any of the following: +1. The certificate is not issued by the Licensee whose name appears thereon. +2. The certificate is rejected by the Signatory whose name appears thereon. +3. The certificate i s cancelled, unless the purpose of publication is to confirm any +Electronic Signature or Electronic Seal used prior to such cancellation. +4. The certificate contains incorrect data. + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (42) +1. Shall be punished by temporary imprisonment and/or a fine of not less than five +hundred thousand (500,000) Dirhams any person who, by any authority granted thereto +hereunder, has access to confidential information of a sensitive nature in electronic +record s, documents or correspondence, and intentionally discloses any of such +information in violation of the provisions of this Decree Law. +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 41 + 2. The penalty shall be imprisonment and/or a fine of not less than two hundred and fifty +thousand (250,000) Dirhams an d not more than five hundred thousand (500,000) +Dirhams, if the confidential information is not of a sensitive nature.The penalty shall be +imprisonment and/or a fine of not more than five hundred thousand (500,000) +Dirhams, if the negligence of the violato r causes the disclosure of any sensitive or +non -sensitive confidential information. The cases where information is disclosed for the +purposes of implementing the provisions of this Decree Law or any judicial procedure +shall be excluded from the provisions of Clause (1) of this Article. + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (43) +Shall be punished by imprisonment for a period of not more than six months and/or a fine +of not less than twenty thousand (20,000) Dirhams and not more than one hundred +thousand (100,000) Dirhams whoever intent ionally submits incorrect data to the Licensee +in order to issue or cancel an Authentication Certificate. + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (44) +Shall be punished by a fine of not less than fifty thousand (50,000) Dirhams and not more than two hundred and fifty thousand (250,000) Dirhams whoever: +1. Is licensed to provide Trust Services or Qualified Trust Services and has violated the provisions stipulated in this Decree Law, the Executive Regulations thereof and the +decisions issued in implementation thereof w ith respect to these services. +2. Refuses to have its systems and operations from Trust Service Providers or Qualified +Trust Service Providers audited by compliance assessment bodies in accordance with +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 42 + the provisions of this Decree Law, the Executive Reg ulations thereof and the +decisions issued in implementation thereof. +3. Publishes an announcement or provides a description regarding the Trust Services, +Qualified Trust Services, or Qualified Trust Mark, with the intention of promoting or +misleading, in contradiction with the decisions issued by TDRA. + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (45) +Shall be punished by imprisonment and/or a fine of not less than five hundred thousand +(500,000) Dirhams and not more than one million (1,000,000) Dirhams whoever: +1. Proceeds with any of the Trust Services or Qualified Trust Services without being +licensed or exempted from obtaining a license in accordance with the provisions of +this Decree Law, whether for the benefit of himself or others, or for the facilitation for +others. +2. Deliberately alters, destroys or conceals any document or information requested by TDRA in accordance with the provisions of this Decree Law. + + +" +justice and juiciary,Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services,"Article (46) +Without prejudice to the rights of bona fide third parties, the court shall order the +confiscation of tools and devices used in committing any of the crimes provided for in this +Decree Law. + +Article (47) +Imposition of the penalties stipulated in this Decr ee Law shall not prejudice any more severe +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 43 + penalty stipulated in any other law. + +Article (48) Violations and Administrative Penalties +The Cabinet shall issue a decision specifying the acts that constitute a violation of the +provisions of this Decree Law, the Executive Regulations thereof and the decisions issued in +implementation thereof, as well as the administrative penalties to be imposed. + +Article (49) Law Enforcement Capacity +The TDRA's employees who are designated by a resolution of the Minister of Justice, in +agreement with the Chairman, shall act as law enforcement officers to identify the violations of the provisions of this Decree Law, the Executive Regulations thereof and the decisions +issued in implementation thereof, within their respective co mpetencies. + +Chapter Five Final Provisions + +Article (50) Transitional Provisions +Those who are subject to the provisions hereof shall regularize their status in accordance with the provisions of this Decree Law and the Executive Regulations thereof within a period not exceeding one year from the date of enforcement. Such period may be extended +for another period or periods by a decisi on issued by the Cabinet based on a proposal of the +Chairman. + +Article (51) Fees +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 44 + The Cabinet shall issue a decision determining the fees required for the implementation of +the provisions of this Decree Law. + +Article (52) Executive Regulations +The Cabinet shall, based on a proposal of the Chairman and after coordination with the +Competent Authorities, issue the Executive Regulations of this Decree Law. + +Article (53) Repeals +1. Federal Law No. (1) of 2006 on Electronic Commerce and Transactions shall be repealed. +2. Any provision contrary to or in conflict with the provisions of this Decree Law shall be +repealed. +3. The decisions and regulations applicable prior to the enforcement of the provisions of this Decree Law shall remain applicable, without prejudice to the provisions of this +Decree Law, until superseded by other decisions and regulations to be issued in +accordance with the provisions of this Decree Law. + +Article (54) Publication and Entry into force of the Decree Law +This Decree Law shall be published in the Official Gazette and shall enter into force as of 2 +January 2022. + + + + + + +Federal Decree Law of 2021 on Electronic Transactions and Trust Services 45 + + + + + + + + + + + + + + + + + + + + + + + + + + +Khalifa bin Zayed Al Nahyan +President of the United Arab Emirates + + +Issued by us, at the Presidential Palace in Abu Dhabi: +On: 13 Safar 1443 AH +Corresponding to: 20 September 2021 AD " +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (1) +The attached Law shall apply to evidence in civil and commercial transactions. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (2) +Federal Law No. (10) of 1992 Enacting the Law of Evidence in Civil and Commercial +Transactions, and any provision contradicting or repugnant to the provisions of the attached +Law are hereby repealed. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (3) +This Decree -Law shall be published in the Official Gazette, and shall enter into force as of +2nd January 2023. + + + +Mohammed bin Zayed Al Nahyan +President of the United Arab Emirates + +Issued by Us at the Presidential Palace in Abu Dhabi +On 7th Rabi' al -Awwal 1444 AH . + Corresponding to 3rd October 2022 AD . +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 3 + +Part 1 General Provisions +Article (1) +1. The plaintiff has the right to prove his claim and the defendant has the right to disprove +it. +2. The facts to be proven shall be relevant to the action, have a bearing on evidence, and be +admissible. +3. No judge shall render a judgment based on his personal knowledge. + +Article (2) +1. The Onus of Proof weighs on the claimant "" onus probandi actori incu mbit"" and the +denial of the respondent must be made under oath. +2. Evidence shall be established to prove a matter contrary to an apparent fact, and oath +shall be taken to confirm an original fact. +3. Proof is be legally valid vis -à-vis all parties, while admission is affirmative evidence +against the admitter only. + +Article (3) +Without prejudice to the provisions of this Law, in case of conflicting evidence, which +cannot be reconciled, the court may weigh evidence based on inferences it may draw from +the f acts of the case. If the same is impossible, the court may not admit any of such +conflicting evidence. In all cases, the court shall indicate the underlying reasons in its judgment. + +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 4 + " +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (4) +Proof of obligations does not require a specific form, unles s otherwise is stipulated in a +particular provision or a written agreement between the litigants. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (5) +1. Where the litigants agree on specific rules of evidence, the court shall approve their +agreement, unless their agreement is contrary to the p ublic order. +2. The agreement of the litigants shall not be legally valid if it is not in writing. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (6) +1. The judgments and decisions issued in respect of the evidentiary proceedings are not required to be substantiated, unless they include a final judgment. +2. In all cases, the judgments and decisions rendered in summary proceedings for the establishment of a current status or the testimony of a witness shall be substantiated. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (7) +1. If the court or supervising judge, as the case may be, orders that any of the evidentiary +proceedings be initiated, the court or supervising judge shall include in the r elevant +judgment or decision the date of the first hearing for initiating the relevant procedure, with no need for new notice if the procedure requires more than one hearing, except in +case of serving a notice on an absent litigant of the allegation of for gery or +administration of an assertory oath thereto. +2. The procedures carried out shall be documented, either in an electronic or paper format, according to the procedures set forth in the Code of Civil Procedure. +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 5 + 3. A clerk shall be present during the ev identiary proceedings to draw up the record, either +electronically or in paper form, and co -sign the same with the judge, with no need for the +litigants and stakeholders to sign the same. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (8) +1. The court may, either sua sponte or on a litigant's motion, renounce, by virtue of a +decision to be recorded in the paper or electronic hearing transcript, the evidentiary +proceedings ordered thereby; provided that the court indicates the underlying reasons +therefor in the hearing transcript. +2. The court may decide not to admit the results of an evidentiary proceeding; provided +that it indicates the underlying reasons for the same in its decision or judgment. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (9) +In the case of a dumb litigant and the like, his admission, examination, d elivery of testimony +or taking the oath, administration of the oath, abstaining from taking the oath and deferring +the oath shall be in writing. If he is unable to write, his habitual signs shall be deemed valid for the same. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (10) +1. Any evidentiary proceeding electronically conducted shall have the same binding force of the judgments prescribed in this Law. +2. In case of failure to conduct any evidentiary proceeding via means of remote +communication for any reason whatsoever, the procedure shall be postponed to the +next hearing, subject to the provisions set forth in this Law in this regard. +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 6 + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (11) +1. Evidentiary proceedings, including admission, examination or cross -examination, +testimony or oath -taking, shall be conducted before the cour t. If the same is impossible, +the court may move or delegate one of its judges to conduct the procedure. +2. If the person who makes the admission, examined person, witness or person to whom +the oath is administered and the like resides in the State but out side the jurisdiction of +the court and the evidentiary proceeding is impossible to be electronically conducted, +the court shall delegate another court located within his place of residence. In such case, +the provisions of judicial delegation set forth in t he legislation in force shall apply in this +regard. +3. If the person who makes the admission, examined person, witness or person to whom +the oath is administered resides outside the State and it is impossible to electronically +conduct the evidentiary proce eding, the court may send a letter rogatory to the +competent court in such state to conduct the required evidentiary proceeding on the +former's behalf, pursuant to the judicial conventions concluded in this regard. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (12) +Without prejudice to the obligations of the State under the international conventions in +force therein, the court may admit the evidentiary proceedings conducted outside the State, +unless they are contradictory to the public order. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (13) +1. If a l itigant fails to file the documents or conduct the required evidentiary proceeding, +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 7 + the court or the supervising judge, as the case may be, may decide to fine him an amount +of not less than (AED 1,000) one thousand dirhams and not more than (AED 10,000) te n +thousand dirhams, under a decision to be recorded in the hearing transcript. Such +decision shall have the same enforceability of judgments and shall be non -appealable. +2. The court or the supervising judge, as the case may be, may exempt the convict from the +fine, in whole or in part, if he has an acceptable excuse. + +Part 2 Evidence by Admission or Examination of Litigants +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (14) +1. Admission is a party's statement acknowledging an obligation owed by him to another +party. +2. The admission shall be a judicial admission if the litigant makes the admission directly +before the court or via any means of remote communication of a certain fact for which +he is sued, during the legal proceedings relating to such fact, whether before the court +that hears such proceedings or the supervising judge, as the case may be. +3. The admission shall be an extrajudicial admission if it is not made before the court or is +related to a dispute raised in another case. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (15) +1. In order to be valid, an admission shall be made by a person having the capacity to dispose of the admitted right. +2. Admission of minors who are capable of discretion and discernment and authorized to +sell and buy shall be valid in the authorized matters. +3. Admission may be made by a guardian, custodian, endowment administrator or the like +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 8 + in the matters they exercise within the scope of their guardianship, custody or +administration. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (16) +1. Admission may be made expressly or implicitly, orally or in writing. +2. Admission shall not be admissible if it contradicts prima facie facts. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (17) +Admission shall not be divisible with respect to the person who made it unless it relates to several facts, and the existence of one of them does not ne cessarily require the existence of +others. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (18) +Judicial admission shall be conclusive and limited to the person who makes the admission and may not be retracted. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (19) +Extrajudicial admission shall be proved pursuant to the provisions h ereunder. The testimony +evidence may not be established to prove extrajudicial admission, except in the cases where +the testimony evidence is allowed. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (20) +1. The court or the supervising judge, as the case may be, may, sua sponte or on a litigant's +motion, examine the whoever is present of the litigants. +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 9 + 2. Following the approval of the court or the supervising judge, as the case may be, either +litigant may directly examine his opposing party who is present. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (21) +1. The court or the supervising judge, as the case may be, may, sua sponte or on a litigant's +motion, order to the opposing party to appear for examination. A party to be examined shall appear at the hearing scheduled for the same. +2. If a litigant has an acceptable excuse preventing him from appearing in person to testify, his testimony may be heard via means of remote communication. Failing which, the supervising judge may move to his place to hear his testimony. If the examination is +taking place before the court, it may delegate one of its judges to examine him. The court or the supervising judge shall determine the date and place of hearing his testimony, and +a transcript on the same shall be drawn up and signed by the delegated or supervising +judge and the clerk. +3. If a litigant fails to appear for examination without an acceptable excuse, or refuses to answer without legal justification, the court shall draw its own conclusions at its sole +discretion and may admit evidence by way of witness testimony and presumptions in +cases where the same is not allowed. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (22) +1. In case of an incompetent litigant, his legal representative may be examined. The court or the supervising judge, as the case may be, may examine such litigant, if he is a +discerning person with respect to the matters he is authorized to perform. +2. If a litigant is a legal person, its legal representative shall be examined. +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 10 + 3. In all cases, the aforesaid legal representative shall have the capacity to dispose of the +disputed right. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (23) +1. The court or the supervising judge, as the case may be, may direct to any litigant the +questions it deems appropriate or those requested by the opposing party to be +addressed to him by the court. The answer shall be given at the same hearing, except if +required, as the court or the supervising judge deems appropriate, to reschedule another +date for giving the answer. +2. A litigant may object to a question put to him, and shall indicate the reason for his +objection. +3. The court or the supervising judge, as the case may be, may prevent any question which +does not relate to the action, has no bearing on evidence or is not admissible. +4. The answer shall take place in the presence of the litigant requesting the examination; however, the examination shall not be contingent upon his appearance. +5. Questions and answers shall be recorded in the hearing transcript and shall be read out to the litigants present. The examined person may correct his answers that he requires to +be corrected. The transcript shall be signed by both the judge and clerk. + +Part 3 Documentary Evidence +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (24) +1. A formal instrument is a paper in which a public servant or a person in charge of a public service records the actions performed by him or what he has received from the parties concerned in accordance with the legal conditions and within the limits of his authority +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 11 + and competence. +2. If such instrument does n ot satisfy the requirements referred to in Clause (1) of this +Article, it shall only have the legal validity of an informal instrument if it is signed, +stamped or fingerprinted by the persons concerned. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (25) +1. A formal instrument shall be legally valid vis -à-vis all people in terms of all actions +recorded therein performed by its writer within the limits of his mandate, or signed by +the persons concerned in his presence, unless it is proven to be a counterfeit by the +lega lly prescribed means. +2. The content mentioned by any person concerned in the formal instrument shall be +legally valid vis -à-vis such person concerned, unless proven otherwise. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (26) +1. If the original formal instrument exists, its official copy s hall be legally valid to the extent +to which it is a carbon copy of the original. +2. A copy shall be deemed official if it is a photocopy of the original, in accordance with the +governing procedures. +3. A copy shall be deemed a carbon copy unless one of th e parties challenges the same. In +such case, the copy shall be examined against the original instrument. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (27) +If the original formal instrument is not available, the official carbon copy shall same legal +validity as the original if the appearance thereof does not give rise to doubt as to its being +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 12 + identical to the original However, other copies shall not be valid, except for the purpose of +guidance only. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (28) +1. An informal instrument shall be deemed issued by the person who signed it and legally +valid vis -à-vis him, unless this person explicitly denies that the handwriting, signature, +signature stamp, or fingerprint attributed to him is his, or his successors deny the same or declare that they do not know that the handwriting, signature, signature stamp, or +fingerprint is of the person from whom the right passed to them. +2. The person against whom an informal instrument is invoked and who discusses the +content the reof before the supervising judge or the court, as the case may be, may +neither deny the validity thereof nor invoke that he does not know that such instrument +is issued by the person from whom the right passed to him. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (29) +Correspondence signed or proved to be attributed to the sender shall have the same +probative value as informal instruments, unless its sender proves that he did not send or cause the correspondence to be sent. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (30) +1. Electronic or paper books of merchants shall not b e legally valid vis -à-vis +non -merchants; however, the data contained therein on the supplies made by the +merchants may constitute a base on which the court may administer the suppletory oath +to either party, in the matters which may be proved by the testim ony of witnesses. +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 13 + 2. Merchants' mandatory regular books, whether electronic or paper, shall be legally valid +in favor of their merchant owner vis -à-vis his merchant opposing party if the dispute is +pertaining to a commercial business. Such legal validity m ay be challenged by +counter -evidence, which may be derived from the opposing party's regular books. +3. Mandatory books, whether regular or irregular, electronic or paper, shall be legally valid +against their merchant owner with respect to the entries upon which his merchant or +non -merchant opposing party relied. In such case, the entries of such books which are in +favor of their owner shall also be legally valid in his favor. +4. If either merchant litigants relied on the electronic or paper books of his opp osing party +and admits, in advance, the accuracy of the contents of such books, and the opposing +party unjustifiably refuses to produce or give access to his books, the court may administer a suppletory oath to the party who relies on the book to prove his claim. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (31) +Domestic registers and papers shall not be legally valid vis -à-vis the persons who wrote +them, even they were issued electronically, except in the following two cases: +a. If such person explicitly states therein that he has collected a debt; and +b. If such person explicitly states therein that he intends, by what he wrote in such +papers, that they serve as an instrument with respect to the persons in whose +favor such papers established a right. +In both cases, if what is stated is not signed by the person who wrote them, he may prove the contrary by all means of proof. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (32) +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 14 + 1. Annotating an electronic or paper deed of debt, by the creditor's handwriting without +signature, to the effect o f the discharge of the debtor shall be legally valid vis -à-vis the +creditor until otherwise is proven. Annotating the deed to this effect shall also be legally +valid vis -à-vis the creditor, even if such annotation is not written or signed thereby as +long as the deed never left his possession. +2. The provision of Clause (1) of this Article shall apply if the creditor establishes, by his +handwriting without signature, the discharge of the debtor in another original copy of +the deed, or in an acquittance, and the copy or the acquittance, whether electronic or +paper, is in the possession of the debtor. +3. Repayment made via electronic means shall be deemed discharge of the debtor. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (33) +1. A litigant may request the supervising judge or the court, as th e case may be, to order his +opposing party to produce any paper or electronic instrument in the latter's possession that has bearing on the action in the following cases: +a. If the law entitles him to request the production or receipt thereof; +b. If the in strument is shared between him and his opposing party. An instrument +shall be deemed jointly belongs to both litigants, in particular if it serves the +interests of both litigants, proves their mutual obligations and rights or affects the +legal position of both litigants. +c. If his opposing party relies on such instrument at any stage of the proceedings. +2. The request referred to in Clause (1) of this Article shall not be admissible unless it +satisfies the following elements: +d. Description and content of the instrument in as much detail as possible; +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 15 + e. The indications and circumstances proving that the instrument is in the opposing +party's possession; and +f. The fact required to be proved by the instrument, and the grounds for ob ligating +the opposing party to produce it. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (34) +1. If the opposing party admits that the instrument is in his possession or he remains silent +or the requesting litigant establishes the veracity of his request, the court shall order the +instrument to be immediately produced or on the date set by it. +2. If the opposing party refuses to produce the requested instrument after he is given a time +limit for one time, the copy produced by the requesting litigant shall be deemed as a +carbon copy of the ori ginal. If the requesting litigant had not produced a copy of the +instrument, the court may accept his statements as to the form and content of the instrument. +3. If the opposing party denies the possession of the instrument and the requesting litigant fails to submit to the court adequate evidence proving the veracity of his request, the +requesting litigant may request that the court administers an oath to the opposing party +that such instrument does not exist, he has no knowledge of its existence or +wherea bouts, he is not hiding it, or he did not neglect to search for it in order to prevent +his requesting party from using it as evidence. If the opposing party refrains from taking +the abovementioned oath and does not defer the oath to the requesting litigant or defers +the oath to the requesting litigant who takes the oath, the copy produced by the requesting litigant shall be deemed as a carbon copy of the original. If the requesting +litigant had not produced a copy of the instrument, the court may accept the requesting +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 16 + litigant's statements as to the form and content of the instrument. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (35) +1. In commercial proceedings, a litigant may request that the opposing party produces an +instrument related to the proceedings or gives him access thereto to per use it, and the +court shall order the same according to the following controls: +a. The instrument must be specific or of a specific type; +b. The instrument must be related to the commercial transaction, the subject m atter +of the proceedings, or leads to revealing the truth about the same; and +c. The access to such instrument may not lead to the infringement of any right to +trade secrets or any associated rights, unless the court decides otherwise under a +substantiated decision. +2. If the opposing party refuses to produce the instrument to the requesting litigant as ordered by the court pursuant to the provisions of Clause (1) of this Article, the court +may deem his refusal as a presumption of the veracity of the reques ting litigant's claims. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (36) +In the course of the proceedings, even before the Court of Appeal, the court or the +supervising judge, as the case may be, may, either sua sponte or upon a litigant's request, +decide as follows: +1. To implead a third party to produce an instrument in his possession; or +2. To request an instrument from a public entity or a certified copy thereof to the effect of being identical to the original where the same is impossible for the +litigant. The court or the supervising judge, as the case may be, may request the +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 17 + public entity to provide, orally or in writing, the information in its possession +relating to the proceedings, without prejudice to the provisions of the relevant legislation. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (37) +1. The court shall asse ss the implications of the material defects in an instrument in terms +of invalidating it or diminishing its probative value, and may admit all or some of the +content of such instrument. +2. If the validity of the instrument is in doubt for the court, then it may, on its own, +subpoena its issuer or the person who executed it to give an explanation of the truth of +the matter. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (38) +If a litigant produces an instrument as evidence in the proceedings, he may not withdraw the +same without the consent of his opposing party and upon a written permission from the +court or the supervising judge, as the case may be, and a certified copy thereof shall be kept +within the case file annotated b y the case management office as a true copy. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (39) +1. A claim of forgery may be made against formal and informal instruments, while the +denial of handwriting, signature stamp, signature or fingerprint may be made only against informal instruments. +2. The litigant who claims forgery shall bear the burden of proving his claim. However, if a litigant denies issuing the informal instrument or his successor or representative deny +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 18 + the same or denies knowing of such instrument, his opposing party shall be ar the +burden of proving that it has been issued by him or his successor. +3. If a litigant affirms the veracity of a signature stamp affixed to the informal instrument +but denies that he has affixed the same to the instrument, he shall raise a claim of +forgery. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (40) +If the person against whom an informal instrument is presented denies that the handwriting, +signature, signature stamp or fingerprint attributed to him is his, or his successor or representative denies the same or denies knowing of the instrument, and the opposing party +insisting on relying on the informal instrument which has a bearing on the dispute, and the facts and documents of the case are not sufficient to convince the court of the veracity of the +handwriting, signature, signatur e stamp or fingerprint, then the court shall order verification +by comparison and/or testimony of witnesses, pursuant to the rules and procedures stipulated in the present Law. However, witnesses may be heard only with respect to +proving that the handwriting, signature, signature stamp or fingerprint has been affixed to +the instrument. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (41) +1. The court or supervising judge, as the case may be, shall schedule a date for the +appearance of litigants to submit all written instruments in their possess ion for +comparison and agree on those instruments serving this purpose. If the litigant who +bears the burden of proof is absent, without an acceptable excuse, the court may rule +that his right to prove his claim be forfeited If his opposing litigant is abs ent, the court +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 19 + may deem the instruments submitted for comparison valid for comparison purposes. +2. The litigant who challenges the veracity of the instrument shall appear in person to sit +for a handwriting test on the scheduled date. If he abstains from appearing without an +acceptable excuse or appears and abstains from sitting for the handwriting test, the court +may adjudicate that the instrument is valid. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (42) +1. If the litigants fail to agree on the instruments valid for comparison, only the following +shall be admissible: +a. Handwriting, signature, signature stamp or fingerprint affixed to formal +instruments; +b. Part of the instrument under investigation whose accuracy is admitted by the +opposing party; +c. The litigant's handwriting or signature written by him or fingerprint affixed by +him before the court; and +d. Handwriting, signature, signature stamp or fingerprint affixed to ordinary instruments proved to b e attributed to the litigant. +2. Denied handwriting, signature, signature stamp or fingerprint shall be compared to the +handwriting, signature, signature stamp or fingerprint proved to be attributed to the +party against whom the instrument under investigat ion is provided as evidence. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (43) +1. In case that the court has decided the veracity of the whole instrument, the contesting party may be sentenced to a fine not less than (AED 3,000) three thousand dirhams and +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 20 + not more than (AED 10,000) ten thou sand dirhams, without prejudice to the right of +stakeholders to claim for compensation. +2. The fine shall not be multiplied in case of multiple successors or deputies, and no one of +them shall be fined if his denial is merely for his lack of knowledge. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (44) +1. The claim of forgery may be raised whatever the status of the action is. The claimant of +forgery shall specify all points of forgery alleged, his relevant evidence and the +investigation procedures required to be followed for proving it. All of the above shall be +stated in a memorandum to be submitted to the court, electronically filed or recorded in +the electronic or paper transcript of the hearing. +2. In case that the claim of forgery has a bearing on the dispute and the case facts and docu ments are not sufficient to convince the court of the veracity or forgery of the +instrument, and the court deems that the investigation requested by the claimant of forgery has a bearing on the dispute and is admissible, the court shall order the same. +3. The order of investigation into the claim of forgery shall be by way of comparison and/or hearing witnesses, in accordance with the rules and procedures set forth in this Part. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (45) +1. The claimant of forgery shall deliver the instrument claimed to be forged, if it is in his +possession, or its copy reported to him to the case management office. If he abstains +from delivering the instrument or the copy thereof, as the case may be, his right to claim +forgery shall be forfeited, and his claim shall n ot be admitted thereafter. +2. If the instrument is in the litigant's possession, the court shall order him promptly deliver +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 21 + the same to the case management office or order to seize and lodge it. If the litigant +abstains from delivering the instrument and t he court could not seize it, it shall be +deemed as not found, and the same shall not prevent the subsequent seizure thereof, if +possible. +3. In all cases, the judge presiding the hearing and the clerk shall sign the instrument before it is lodged with the case management office. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (46) +1. The party who claims that an instrument is forged may withdraw his claim before the +completion of the investigation procedures. He may not claim forgery of the instrument +following such withdrawal. +2. The party against whom the claim of forgery is raised may put an end to the procedures of investigation into the forgery, whatever the status of the procedures is, by waiving his +insistence on the instrument claimed to be forged. In this case, the court may order eithe r +to seize or retain the instrument if so requested by the person claiming forgery for a legitimate interest. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (47) +The order to investigate into forgery shall stay the execution of the instrument claimed to be +forged, without prejudice to the pre cautionary measures. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (48) +Even in the absence of the claim of forgery, the court may decide the rejection and invalidity +of any instrument if it becomes clear, in the light of its condition or the facts of the case, that +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 22 + it is for ged. In such case, the court shall state in its judgment the circumstances and +presumptions on which it depends to reach such conclusion. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (49) +1. If the claim of forgery against the instrument is decided to be rejected or if the right of +the part y claiming forgery to prove his claim is forfeited, the latter shall be sentenced to a +fine not less than (AED 3,000) three thousand dirhams and not more than (AED 10,000) ten thousand dirhams, without prejudice to the stakeholders' right to claim for +compensation. +2. The claimant of forgery shall not be fined if he withdraws his claim before the +investigation procedures thereof are concluded, unless it is proven to the court that he +intends cause harm to his opposing party or delay the adjudication of the action. +3. The claimant of forgery shall not be fined if part of his claim is proven to be true. +4. If an instrument is established to be forged, the court shall refer the same together with +the copies of the relevant transcripts to the Public Prosecution to take the necessary +actions. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (50) +Whoever apprehends that he may be protested against with a forged instrument may sue +the party who holds or benefits from such instrument, in accordance with the procedures +governing the institution of actions. While hearing such action, the court shall take into +account the rules and procedures set out in this Part. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (51) +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 23 + 1. In cases where documentary evidence shall be allowed, documentary evidence may be +replaced by judicial admission, assertory oath or the principle of documentary evidence supported by another means of proof, in matters where no particular provision is +stipulated in this Law. +2. The principle of documentary evidence shall be applicable to any writing by a litigant, +which would make th e claimed act likely to exist. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (52) +Without prejudice to the State's obligations under the int ernational conventions in force +therein, the court may accept as evidence any paper or electronic instrument issued outside the State and endorsed by the competent authorities in the issuing state and the competent +authorities in the State, unless contrary to the public order. + +Part 4 Electronic Evidence +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (53) +Subject to the other legislation in force in the State, electronic evidence shall be any +evidence derived from any data or information generated, stored, extracted, copied, +transmitted, report ed or received via means of information technology on any medium, and +which is retrievable in an understandable way. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (54) +Electronic evidence shall include the following: +1. Electronic record; +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 24 + 2. Electronic instrument; +3. Electronic signature; +4. Electronic seal; +5. Electronic correspondence, including emails; +6. Modern means of communication; +7. Electronic media; and +8. Any other electronic evidence. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (55) +Electronic evidence shall be subject to same provisions of the documentary evidence set +forth in this Law. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (56) +Formal electronic evidence shall have the same probative value as formal instruments if it fulfills the conditions set forth in Clause (1) of article (24) of the present Law, including the +documents automatically generated by electronic systems of public entities or entities +entrusted with a public service. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (57) +Informal electronic evidence shall be legally valid vis -à-vis the parties to the transaction in +the following cases, unless otherwise is established: +1. If it is issued according to the legislation in force in this regard; +2. If it is generated from an electronic means set forth in the contract, subject of the dispute; o r +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 25 + 3. If is generated from an electronic means which is authenticated or available to the +public. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (58) +The litigant who alleges the invalidity of the electronic evidence set out in Articles (56) and +(57) of the present Law shall bear the burden of proving his allegation. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (59) +Save as otherwise provided in article (56) above, electronic evidence shall have the same +probative value as informal instruments, pursuant to the provisions of this Law. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (60) +Electronic evidence shall be produced in its original format or by any other electronic means. The court may request the production of its content in writing, as long as its nature so permits. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (61) +If any of the litigants abstains from producing what is required by the court to verify the +validity of the electronic evidence, without an acceptable excuse, his right to invoke the +same shall be forfeited or it shall be legally valid vis -à-vis him, as the case may be. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (62) +In case of failure to verify the validity of the electronic evidence for a reason unattributed to +the litigants, the court shall assess its probative value based on the circumstances of the +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 26 + case. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (63) +1. Extracts of electronic evidence shall have the probative v alue prescribed for the +electronic evidence itself, as far as such extracts are identical to its electronic record. +2. The provision of Clause (1) of this Article shall apply to the extracts of electronic +payment methods. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (64) +Where no particular provision is provided in this Part, the provisions set forth in Part 3 of the +present Law shall apply to electronic evidence, in so far as they do not contradict its +electronic nature. + +Part 5 Testimony Evidence +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (65) +Unless oth erwise provided, testimony evidence may be established. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (66) +1. Any transaction whose value exceeds (AED 50,000) fifty thousand dirhams or its +equivalent or whose value is indefinite shall be established in writing. +2. Testimony evidence may not be established to prove the existence or termination of the +transactions set forth in Clause (1) of this Article, unless otherwise stipulated in an +agreement or a provision. +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 27 + 3. An obligation shall be assessed in terms its value at the time of conducting th e +transaction, without adding accessories to the original amount. +4. If the action includes several claims arising from multiple sources, testimony evidence +shall be allowed in every claim whose value does not exceed (AED 50,000) fifty +thousand dirhams or the equivalent, even if the aggregate value of such claims exceeds +such value, and even if they arose from relations between the litigants themselves or +from transactions of the same nature. +5. The value of the original obligation shall be the basis for pr oving partial fulfillment. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (67) +Testimony evidence shall not be allowed even if the value does not exceed (AED 50,000) +fifty thousand dirhams or the equivalent in the following cases: +1. If the law stipulates that it shall be in writing in order to be legally valid or to be proved; +2. If the claimed amount is the remaining amount or part of a right that may only be +established in writing; +3. If it contradicts or exceeds what is included in a written electronic or paper proof; +and +4. If a litigant claims an amount that exceeds (AED 50,000) fifty thousand dirham, then +he amends his claim to an amount not exceeding such value. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (68) +Testimony evidence shall be allowed in cases that s hould have been proved in writing in the +following cases: +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 28 + 1. If the principle of documentary evidence, either electronic or paper, exists. +2. If there is a material or moral impediment that hinders obtaining a written electronic +or paper proof. In case of absence of any person who can write the instrument or in +case that the person requesting testimony evidence is a third party not a party to the +contract, this shall be deemed as a material impediment. Kinship between spouses or +relationship by blood or mar riage shall be deemed as a moral impediment. +3. If it is proved that the plaintiff has lost his electronic or paper written instrument for a reason beyond his control; and +4. If the documentary evidence is challenged as containing matters prohibited by law or +contradicting the public order or morals. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (69) +Testimony shall be given with regard to matters seen, witnessed or heard. Hearsay evidence +shall not be admissible except with regard to matters that are often realized only through +hearsay, such as: +1. Death; +2. Marriage; +3. Divorce; +4. Line of descent; and +5. Endowment and testament. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (70) +1. A person below the age of (15) fifteen years and a person who is immature shall not be eligible to testify. +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 29 + 2. Statements of a person below the age of (15) fifteen years may be heard for the purpose +of guidance only. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (71) +1. Before giving testimony, the witness shall disclose any relationship with the parties to +the action or any interest therein. +2. A pe rson who uses testimony to ward off damage or realize an interest shall not be +admitted. Moreover, the testimony given by ascendants for descendants, descendants +for ascendants, one spouse for the other spouse, even after their separation, or custodians or guardians for the person under custodianship or guardianship shall not be +admitted. +3. Employees, servants and persons in charge of a public service shall not, even after the +termination of their employment, testify about information which may not be disc losed +as authorized by the competent authority and may come to their knowledge during their employment, unless the competent authority authorizes them to testify at the request of +the court or at the request of a litigant. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (72) +1. A litigant who seeks to establish a fact by testimony of witnesses shall indicate the facts +that he wants to establish and the number and names of witnesses in writing or verbally +at the hearing. +2. If the court or supervising judge, as the case may be, permits one of the litigants to +establish a fact by testimony of witnesses, the opposing litigant has the right to disprove +it by this means. +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 30 + 3. The operative part of a judgment or decision that orders testimony evidence shall state +every fact to be proved and the day on w hich the investigation shall commence. +4. The court or the supervising judge, as the case may be, may , sua sponte or at the request +of a litigant, subpoena any person it deems necessary to hear his testimony to reveal the +truth. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (73) +If a litigan t fails to bring his witness or summon him to appear at the scheduled hearing, his +right to testify shall be forfeited. However, the court or the supervising judge, as the case +may be, may order to bring the witness or subpoena the witness to appear at ano ther +hearing, without prejudice to any penalty established by the Law for such delay. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (74) +1. If the witness refuses to appear in response to the call of the litigant, the court or the +supervising judge, as the case may be, the said litigant or the case management office, as +the case may be, shall summon him to give his testimony, at least twenty -four hours +before the date scheduled for hearing his testimony, excluding distance delays. In urgent +cases, such time limit may be shortened. +2. If the witness is duly summoned to appear and fails to comply, the court or the +supervising judge, as the case m ay be, may fine him an amount not less than (AED +1,000) one thousand dirhams and not more than (AED 2,000) two thousand dirhams. +3. If, after being fined, the witness fails to appear in the court, the court or the supervising +judge, as the case may be, may impose a second fine against him of not less than (AED +2,000) two thousand dirhams and not more than (AED 10,000) ten thousand dirhams. If +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 31 + he remains unwilling to appear, the court may issue a subpoena against him. +4. The decisions referred to in this Art icle shall be recorded at the hearing transcript and +shall be non -appealable; however, the court or the supervising judge, as the case may be, +may exempt the witness from the fine if he appears and furnishes an acceptable excuse. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (75) +1. If the w itness appears and refuses to take the oath or abstains, without a legal excuse, +from answering, he shall be sentenced to the penalty prescribed in the Penal Code. +2. If the witness has an excuse preventing him from appearing in the court and his +testimony cannot be given via means of remote communication, the delegated or +supervising judge, as the case may be, may relocate to him to hear his testimony. +3. In case that the investigation takes place before the court, it may delegate one of its +judges for hea ring the statements of the witness. The court or the delegated judge shall +fix the date and place of hearing the witness's statements, and shall draw up a report to that effect to be signed by the delegated judge and the clerk. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (76) +1. Testimony shall be given orally and may be given in writing with the permission of the +court or the supervising judge, as the case may be. +2. Testimony shall be given in the presence of litigants. Every witness shall be hear d in +private without the presence of other witnesses who have not yet given testimony, except for considerable exigency. Defense witnesses shall be heard at the same hearing +during which prosecution witnesses are heard, unless there is an impediment to the +contrary. If the investigation is adjourned, the decision pronouncing the adjournment +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 32 + shall, in itself, serve as a subpoena to the present witnesses to appear at the next hearing, +unless the court expressly exempted them from appearing. +3. The court may p romptly hear the testimony of any witness present at its sole discretion, +pursuant to the provisions of Clause (2) of this Article. +4. The witness shall take the following oath: ""I swear by Almighty God that I will tell the +truth, the whole truth, and nothing but the truth"". The oath shall be taken, at the witness +request, according to the rules of his religion or belief. +5. The absence of the litigant against whom the testimony is given shall not prevent the hearing of testimony, and he may review the witness hearing transcript. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (77) +1. The court or the supervising judge, as the case may be, may hear the testimony of +witnesses via means of remote communication. Every witness shall be privately heard, +unless the same is impossible. The transcript s hall be signed by the judge and the clerk. +2. During remote trials, if the testimony of witnesses is impossible to be heard via means of remote communication for any reason whatsoever, the competent court or the +supervising judge shall order that the witne ss appear in person. The order so issued shall +indicate the chamber before which the witness shall appear and the hearing date. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (78) +1. Parties to the case or their attorneys may directly pose questions to the witness, provided that such question s are relevant to the case and useful for revealing the truth. The +witness shall first answer the questions asked by the party who asked him to testify then the questions of the other party, and the party who questioned him first may question +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 33 + him again. On ce the party has completely examined the witness, the witness may be +asked new questions only under the permission of the court. +2. The litigant may examine the witness in order to show his bias towards, relationship or +friendship with one of the parties, or his credibility or his interest in the ultimate +outcome and result of the case in question and whether he has been convicted of a +felony or a crime involving moral turpitude or breach of trust. +3. In all cases, the witness may abstain from answering any question where the underlying +purpose of which is to make him confess a crime committed by him or to compel him to +be a witness against himself. +4. The court or the delegated or supervising judge may, either sua sponte or upon a request +by the litigant, p revent questions from being addressed to the witness if the same were +irrelevant to the subject matter of the case, intended to needlessly prolong the litigation +process or inadmissible on the grounds of being in violation of the laws of the State, +public order or ethics. In all cases, the judge shall keep the witness protected from any +gesture or statement, whether implicit or explicit, which may result in thought disorder or frighten or abuse him. +5. The court or the delegated or supervising judge, as the case may be, may directly address +to the witness any questions deemed useful for revealing the truth. Testimony shall be +given orally and no written testimony shall be admitted unless authorized by the court or +the delegated or supervising judge and where the case nature so requires. If the witness +drops a particular matter that needs to be answered, the court or the delegated or +supervising judge shall ask him about the same. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (79) +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 34 + If the testimonies of witnesses are contradictory, the court sh all admit such testimony to the +extent that the court is satisfied that it is credible. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (80) +Testimony shall be recorded in a transcript showing the details of the witness, his +relationship with the litigants, the text of his testimony and his an swers to the questions +addressed to him, and shall be read out to him. The witness shall sign the transcript. If the witness refuses to sign it, his refusal and the reason therefor shall be mentioned in the +transcript. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (81) +1. The litigant agains t whom the testimony is given may show to the court or the +supervising judge, as the case may be, the matters that would invalidate the testimony of the witness, i.e. challenging the witness or his testimony, and the court shall assess the +effect of the sa me on the testimony. +2. The court or the supervising judge, as the case may be, may assess the fairness of +witnesses in terms of their behavior and conduct and other circumstances of the case +without the need for Tazkiyah (the mode of inquiry adopted by a court to satisfy itself as +to the credibility of a witness) . The court may, where appropriate, use methods it deems +appropriate to assess the fairness of witnesses. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (82) +If the court or the supervising judge, as the case may be, finds, in the cou rse of the +proceedings or upon rendering a judgment on the merits, that the witness has given false +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 35 + testimony, a report to that effect shall be drawn up and referred to the Public Prosecution for +necessary actions. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (83) +1. Whoever fears to lose t he opportunity for having a witness testify in respect of a matter +not yet brought before the court but is likely to be brought subsequently, may raise a motion, vis -à-vis all parties involved, that this witness be heard. The motion shall be +raised in a paper or electronic format on summary proceedings to the competent court, in accordance with the governing procedures. In case of necessity, the court shall hear the testimony of the witness where the incident in question is one that may be +established by wa y of witness testimony. +2. The court may hear defense witnesses, based on the other litigant's request, to such an +extent required by the urgency of the case. +3. Other than the above -mentioned matters, the governing rules and procedures shall +apply to the testimony. In this case, a copy of the testimony hearing report may neither +be delivered nor be submitted to the court unless the trial court, while considering the +same, decides that the incident in question can be proven by way of witness testimony. +In addition, the litigant may object before this court as to the admission of such evidence, +and may request hearing defense witnesses in his own favor. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (84) +Witnesses shall not suffer any harm. The court or supervising judge, as the case may be, shall prevent any attempt to frighten or influence witnesses while giving their testimony. + +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 36 + " +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (85) +The court or supervising judge, as the case may be, shall, at the request of the witness, assess +the transportation costs and compensation for time spent by the witness. The court shall +determine, where appropriate, the amount prescribed for the witness's expenses and the +litigant entrusted with depositing the amount, which shall be incurred by the losing party, +except in case of proportionate loss, where each litigant shall incur the same in proportion to +his loss. The court shall state the same in the judgment rendered on the subject matter of the +action. + +Part 6 Presumptions and Res Judicata Evidence +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (86) +1. Presumption established by law relieves the person in whose favor such a presumption was established from the need for any other means of evidence; however, such +presumption may be rebutted by any othe r means of evidence, unless otherwise +stipulated. +2. The court may infer other presumptions for the purpose of evidence in the cases where +the testimony evidence is allowed, and shall indicate the significance thereof. +3. The court may use scientific means to infer presumptions. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (87) +Subject to the provisions set forth in the Code of Civil Procedure, judgments and judicial +decisions terminating the litigation as well as payment orders that have res judicata shall be +binding with respect to the litigation settled thereby, and no evidence that would rebut such +binding force shall be admissible. However, such judgments and judicial decisions +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 37 + terminating the litigation or payment orders shall not have such binding force, except in a +dispute arising between the same litigants themselves without changing their capacities and where such dispute relates to the same right in terms of object and cause. The court shall, +sua sponte , decide such binding force. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (88) +The court shall not be bound by the penal judgment on the case pending before it, except in +the facts adjudicated by such judgment and such adjudication is essential. However, the +court shall not be bound by the judgment of acquittal, except if it relies on denying that the +facts are attributed to the convict. + +Part 7 Custom Evidence +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (89) +As for matters where no particular provision or an agreement between the parties is +provided herein, and without prejudice to the public order, custom or norm al practice +among the litigants may be used as evidence. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (90) +1. A litigant who relies on custom and normal practice among litigants as evidence shall +establish the existence thereof at the time of the incident. +2. Any litigant may challenge the establishment of custom and normal practice among +litigants, and may rebut the same by stronger evidence. + +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 38 + " +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (91) +In case of conflict, normal practice among litigants shall prevail and special custom shall +have priority over general custom. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (92) +The court may, where appropriate, assign an expert to verify the establishment of custom and normal practice among litigants, pursuant to the provisions set forth in Part X of the +present Law. + +Part 8 Oath Evidence +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (93) +1. An assertory oath is an oath taken by a litigant to refute his opposing party's claim, and +the litigant may administer the assertory oath to his opposing party pursuant to the +provisions set out in this Part. +2. A suppletory oath is an oath taken by a litigant to complete evidence. A suppletory oath may not be administered to the opposing party pursuant to the provisions set out in this +Part . + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (94) +1. Either litigant may administer the assertory oath to the other litigant whatever the status +of the action is, provided that the incident regarding which the oath is administered shall relate to the person to whom the oath is administere d. If such merit is not personal, the +oath shall relate to the person's mere awareness thereof. However, the judge may +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 39 + prevent the administration of oath if the litigant administers the oath in an abusive +manner. +2. The litigant to whom the assertory oath is administered may defer it to his opposing +party; however, the oath may not be deferred if it relates to an event not involving, but +only the litigant to whom the oath is administered shall take the oath. +3. The litigant who administers or defers the ass ertory oath may not recede if the opposing +party agrees to take the oath. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (95) +1. The person taking the oath shall have the capacity to act in the matter for which he takes +the oath. +2. An oath may not be taken by proxy; however, administration of the oath, acceptance to take the oath, abstaining from taking the oath and deferral of the oath may be made +under a special power of attorney. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (96) +1. The oath shall be taken if the pe rson taking the same says, ""I swear by the Almighty God +to say all the truth, the whole truth and nothing but the truth"". The oath shall, at the request of the person taking the oath, be taken according to his religion or belief. +2. The oath shall be taken as per the wording approved by the court. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (97) +1. An oath may not be administered in relation to any incident contrary to public order. +2. The court shall refuse administration of an oath if it does not relate to the action, has no +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 40 + bearing on ev idence or is not admissible, and the court may also refuse administration of +the same if the litigant administers the same in an abusive manner. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (98) +1. If a plaintiff fails to establish evidence and request his opposing party to take the oath, h e +shall take the oath. If he refuses to take the oath, the oath shall be deferred to the +plaintiff at request of the defendant. If the plaintiff refuses to take the oath deferred +thereto, his action will be dismissed. +2. The oath shall not be deferred if it relates to a fact only known by the defendant who shall be sentenced if he refuses to take the oath. +3. A plaintiff may request his opposing party to take the oath, unless the action is +adjudicated by a final judgment. +4. The party who administers or defers the oath may not withdraw the same if the opposing party agrees to take the oath. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (99) +The litigant may not prove the false oath after the oath is taken by the opposing party to whom the oath was administere d or deferred. However, if an oath is proved to be false +under a penal judgment, the injured litigant may claim for compensation, without prejudice to any right he may have to challenge the judgment rendered against him due to the false oath. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (100) +A custodian, guardian, endowment administrator and the like may administer the oath, +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 41 + abstain from taking the oath or defer the oath in relation to the authorized matters. The +assertory oath shall be administered to them on the matters carried out by the m. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (101) +The party administering the oath to his opposing party shall indicate precisely the incidents +regarding which the oath is to be taken and the wording of the oath shall be clearly stated. +The court may amend the wording of the oath in suc h a manner as to show clearly and +precisely the incident regarding which the oath is to be taken. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (102) +The oath shall be taken in the presence of the party requesting to administer it unless he decides not to attend the hearing at which the oath with be taken or fails to attend though +he knows the date of the hearing. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (103) +1. The party who is subpoenaed to appear before the court to take the oath shall appear. +2. If the party to whom the oath is administered appears in person and does not challenge its admissibility or its relevance to the lawsuit, he shall take the oath immediately or +defer it to his opposing party; otherwise, he shall be deemed to have declined t he oath. If +he fails to appear without an excuse, he shall be deemed to have declined the oath. +3. If the party to whom the oath is administered appears in person and challenges its +admissibility or its relevance to the lawsuit, he shall indicate the same. If the court is not +satisfied of the same, he shall take the oath, otherwise, he shall be deemed to have +declined the oath. +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 42 + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (104) +1. If there are several persons taking the oath, several oaths shall be taken, unless they +share one right or they are satisfied with one oath. +2. If there are several parties to whom the oath is administered, several oaths shall be taken. +3. The court may rely on only one oath if there are several requests. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (105) +1. The judge may, sua sponte and whatever th e status of the action is, administer the +suppletory oath to either litigant to base thereon its judgment on the subject matter of +the action or the value subject of the judgment, provided that the action does not have +complete evidence nor shall it be void of any evidence. +2. The litigant to whom such suppletory oath is administered may not defer it to the +opposing party. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (106) +The suppletory oath shall be taken by custodians, guardians, endowment administrators +and the like on matters carried ou t by them. + +Part 9 Inspection + " +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (107) +1. The court or the supervising judge, as the case may be, may, either sua sponte or at a +litigant's request, decide to inspect the disputed object. The court shall include in the +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 43 + inspection decision the date, place and method of inspection. The court may delegate +one of its judges to carry out such inspection or delegate an expert to move and carry out +the inspection. The absent litigant shall be notified at least (24) twenty -four hours before +the scheduled date. A report shall be drawn up to indicate all the functions related to the +inspection. +2. The court or the supervising judge, as the case may be, may delegate an expert to +provide assistance in the inspection. The court may hear the testimony of any witnesses +deemed appropriate to be heard and they shall be subpoenaed to appear through a +request, even verbal, to be addressed by th e clerk. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (108) +1. Whoever fears the loss of the distinguishing features of an incident, which may become +disputable before courts, may request its inspection and establishment of its current +status and submit a statement of claim for summary proc eedings to the competent court +according to the governing procedures. The inspection and establishment of the current status shall be made pursuant to the provisions of article (107) of the present Law. +2. Where a summary proceeding is instituted, the cour t may delegate an expert to move, +carry out inspection and hear the statements of witnesses he deems necessary. The court shall schedule a hearing to hear the litigants' comments on the expert's report and +functions, in accordance with the rules set out in Part 10 of the present Law. + +Part 10 Experts +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (109) +1. The court or supervising judge, as the case may be, may, sua sponte or at a litigant's +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 44 + request, decide to assign one or more expert(s) selected from the civil servants or +experts, or assign a local or international consulting firm enrolled in the roll of experts, pursuant to the laws in force in this regard, in order to solicit their opinion on technical +matters required for adjudicating the case. +2. When selecting an expert, his technical knowledge and expertise shall be appropriate for the subject matter of the dispute. +3. If the litigants agree on selecting one or more expert(s), the court shall approve their +agreement. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (110) +If the expert is not enrolled in the roll of experts, he shall take an oath, before the entity +assigning him, whether the court or the supervising judge, as the case may be, that he will carry out his task faithfully and honestly; otherwise, his task will be null and v oid. The +appearance of the litigants when the expert takes oath is not required. There shall be drawn up a record of oath -taking which shall be signed by the judge and kept in the case file. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (111) +The operative part of the expert assignment decis ion shall include a detailed description of +his task and powers, the date scheduled for filing the report, the hearing scheduled to consider the report, whether or not it is filed, and the urgent measures he is authorized to +take. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (112) +1. The court shall, where appropriate, fix the amount to be paid to the expert, identify the +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 45 + litigant liable to deposit such amount and set a time limit for the same. +2. Where such litigant fails to deposit the amount to be paid to the expert within the time +limit, the other litigant may deposit the same, without prejudice to his right to recourse +against his opposing party. +3. If neither litigant deposits the amount, the court may decide to suspend the case for a +non -renewable period not exceeding one month until t he deposit is made, as long as the +adjudication thereof is pending on the expert's report, or the litigant's right to revoke the +assignment decision is decided to be forfeited if the court deems that the excuses +provided thereby are unacceptable. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (113) +Before performing the task, the expert shall disclose any relationship with the parties to the +case or any interest he has therein. If the expert fails to make such disclosure, the court shall +decide to remove him and order him to refund the amounts he has received, and the +judgment shall be final and non- appealable, without prejudice to the disciplinary penalties +and the right of stakeholders to claim compensation from him. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (114) +1. Either litigant may request to disqualify the expert if a reason pertaining to him makes it +probable that he will be unable to perform his task impartially. In particular, the expert may be disqualified if he is a relative or an in- law of one of the litigants up to the fourth +degree; an attorney -in-fact of any litigant in his private business; a custodian or guardian +of any litigant or an endowment administrator or the like; works for one of the litigants; +or has outstanding litigation with one of the litigants unless such litigation arises after +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 46 + the appointment of the expert with the intent of disqualifying him. +2. A motion for disqualification may not be accepted by the litigant who called the expert at +his choice, unless the reason for disqualification has occurred following his assign ment. +In all cases, a motion for disqualification may not be admitted after closing the pleading. +3. The expert shall be notified of the disqualification motion filed against him, and shall be +given a time limit not exceeding (2) business days to respond t hereto. +4. The court or the supervising judge, as the case may be, shall decide on the +disqualification motion within (3) business days from the date of submission of the +expert's response or from the expiry of the time limit prescribed for giving the resp onse. +The judgment rendered in the motion shall be final and non -appealable. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (115) +In order to perform his task, the expert may: +1. Hear the statements and comments of litigants, and any person whose statements +are required if so authorized by th e assignment decision; +2. Request the litigants or other persons to deliver or grant him access to books, records, documents, papers or stuff he deems necessary to perform his task; and +3. Inspect facilities, places and objects required to be inspected to perform his task. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (116) +1. No person shall abstain, without legal justification, from enabling the expert to perform his task, pursuant to the provisions of article (115) of the present Law. In this case, the +expert shall refer the matter to the court, which may decide what it deems appropriate, +including obligating the abstainer even by coercive force where required. +2. The expert shall report to the court or supervising judge, as the case may be, if his task is +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 47 + hindered by an obstacle which prevented him from pursuing his task or if the task +requires wider scope, and in which case the court shall decide what it deems app ropriate. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (117) +1. The expert shall draw up a report on his work, which shall include the following: +a. A description of the task entrusted to him according to the assignment decision; +b. The functions carried out by him in detail and the stateme nts of litigants and +other persons, along with the documents and evidence provided thereby and the +technical analysis thereof; +c. Opinions of experts whose assistance is sought; and +d. The result of his work, his technical opinion and the grounds he relied on +precisely and clearly. +2. In case of multiple experts, they shall draw up one report. If their opinions are different, they shall mention in the report their respective opinions and the grounds therefor. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (118) +1. If the expert fails to carry out his task without an acceptable excuse, performs it +negligently or files the report beyond the scheduled date, without justification, he shall +be served a notice within a time limit not exceeding (5) five business days from the +same. If he fails to resp onse within the said time limit, the court shall disqualify him and +order him to refund the amounts he has received, without prejudice to the disciplinary +penalties and the right of stakeholders to claim compensation from him. +2. The decision disqualifying the expert and obliging him to refund the amounts he has +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 48 + received shall be final and non -appealable. +3. If the court or supervising judge, as the case may be, finds that the delay is caused by one +of the litigants fault, it shall order such litigant to pay a fine of not less than (AED 3,000) +three thousand dirhams and not more than (AED 10,000) ten thousand dirhams, and +may rule that his right to rely on the expert assignment decision be forfeited. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (119) +1. The expert shall lodge with the case management office his paper or electronic report, +which shall be signed by him and which shall contain the information referred to in article (116) of the present Law. +2. Before filing his final report, the expert shall deliver to the litigants a copy of his initial +report and grant them a time limit of not less than (3) three business days for receiving +their respective comments and observations on his initial report and responding to the +same within (5) five business d ays. He shall also submit his final report to the court or +supervising judge according to the rules set forth in Clause (1) of this Article, and shall send a copy of such final report to the litigants within the (3) three business days +following the fillin g of the report. +3. The parties shall not file new objections to the expert report after being filed by the +expert with the court unless such objections are novel and based on evidence that could +not occur except after the expert report is filed with the c ourt. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (120) +If the expert's task is completed, he shall return all papers, documents or other stuff he has received within (10) ten business days from the task completion date. In case of his +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 49 + abstention, without and acceptable excuse, he shall be ordered by the court to hand over +what he has received and to pay a fine of not more than (AED 10,000) ten thousand +dirhams. The court's judgment shall be final and non- appealable. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (121) +The court or the supervising judge, as the case may be, may, sua sponte or at a litigant's +request, at any stage of proceedings, take any of the following actions: +1. Summon the expert at a hearing scheduled by the court to discuss his report, either orally or in writing, and may ask him any questions, as it deem s appropriate; +2. Allow the litigants to discuss the expert; +3. Order the expert to correct deficiencies in his work and address shortcomings or errors detected by the court which may assign one or more expert(s) to jointly work +with the previously assigne d expert; and +4. Assign another expert or experts to correc t deficiencies in the previous expert's work +and address shortcomings or errors detected therein or re -consider the matter in +question. The new expert assigned by the court may use the previous expert's information. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (122) +1. The litigants may, ev en before the action is instituted, agree to accept the result of the +expert's report and the court shall rely on their agreement, unless the report includes items contrary to the public order. +2. Without prejudice to the provision of Clause (1) of this Ar ticle, the expert's opinion shall +not be binding on the court. If the court does not rely on the expert's opinion in whole or +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 50 + in part, it shall indicate the reasons therefor in its judgment. +3. If the court does not rely on the expert's report, in whole or in part, due to the expert's +negligence or fault, it may order him to return all or some of stuff he has received, as the +case may be, without prejudice to the disciplinary penalties and the right of stakeholders +to claim compensations from him. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (123) +The litigant who loses the claim, the subject matter of the expert's testimony, shall incur the +amount prescribed for the expert, unless the loss is proportionate where every litigant shall incur the same on a pro rata basis. The court shall indicat e the same in the judgment on the +subject matter of the action. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (124) +1. Notwithstanding the procedures regulating the profession of experts, the court or +supervising judge, as the case may be, may, based on a decision to be recorded in the +hearing transcript, assign an expert to orally express his opinion on a simple technical matter that do not require a prolonged or complicated work, and the court may decide +that the opinion shall be given in writing. +2. The court or the supervising judge, as the case may be, may schedule in the decision the +date of the hearing at which the expert will provide his opinion orally or the time limit +within which the written opinion shall be provided. + +" +justice and juiciary,"Federal Decree by Law No. (35) of 2022, Promulgating the Law of Evidence in Civil and Commercial Transactions","Article (125) +The court may rely on an expert's report submitted in another case instead of seeking +Federal Decree – Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions 51 + assistance of an expert in the case, without prejudice to the litigants' right to discuss the +matters set out in this report. + " +justice and juiciary,Federal Decree by Law No. 4 of 2012 Concerning the Civil Liability for Nuclear Damage,"Article (1) +Definitions +In the application of the provisions of the Law hereof, and in spite of what was stipulated in +any other Legistlation, the following words and expressions shall have the meanings set out +opposite to each of them unless the context requires otherwise: +The State : State of the United Arab of Emirates +The Authority : Federal Authority for Nuclear Regulation +The International +Agency : The International Atomic Energy Agency +The Operator : The person licensed by the Auth ority to operate a nuclear +facility and which is named in the licensing issued +according to the foregoing Decree by Federal Law No. 6 of +2009. +Federal Decree by Law No. 4 of 2012 Concerning the Civil Liability for Nuclear Damage 2 + The Nuclear Fuel : Any material that is capable of generating energy by a self +sequential nuclear fission. +Radioactive Products or Waste : Any radioactive material produced out of the processes of the usage or production of nuclear fuel, or any material that becomes radioactive as a result of being exposed to +radiations that emit from such processes. The afore +mentioned does not include the radioisotopes that had +reached the final stage of manufacture for the usage in any scientific, medical, agricultural, commercial or +industrial purpose. +Nuclear Materials : +1. Any nuclear fuel, apart from the natural and depleted +uranium, that is capable of generating energy solely or +with other materials by self sequential nuclear fission +without the nuclear reactor. +2. Radioactive products and waste. +The Nuclear Reactor : Any structure that contains nuclear fuel that is arranged in a manner that allows self sequential fission therein +without the need of additional source of neutrons. +The Nuclear Facility : +1. Any nuclear reactor apart from the nuclear reactors that +the maritime or air means of transportation are supplied +with in order to be a source of driving powers, or that are +used for other purposes. +2. Any factory that uses nuclear fuel to produce nuclear +materials, or any other factory that processes nuclear +materials including the reprocesses of nuclear fuel after +the saturation thereof. +3. Any facility that stores nuclear materials apart from the +same that stores nuclear materials during transportation. +4. Other facilities that contain nuclear materials or saturated +products or waste according to the stipulations of the +Federal Decree by Law No. 4 of 2012 Concerning the Civil Liability for Nuclear Damage 3 + International Agency Board of Governors from time to +time. +The nuclear facilities that are affiliated to one operator in one +location shall be deemed as one nuclear facility. +Nuclear Damages : 1. Decease or personal injury. +2. Loss or damage of properties. +3. Economic losses arising from losses or damages that are +not listed in the above mentioned Paragraphs 1 or 2 that +are incurred on a person who shall have the right in +requesting reimbursement on such losses or damages. +4. The expenses of the measures of resetting the damaged +environment unless such damage was slight, if such +measures were actually taken or intended to be taken and +to the extent which is not stipulated in the above +mentioned Paragraph 2. +5. Loss of the income resulting from an economic benefit +from the usage of the environment of the enjoyment +therein, incurred as a result of a severe damage incurred +thereon and to the extent which is not stipulated in the +above mentioned Paragraph 2. +6. The expenses of precautionary measures and every other +loss or damage caused by such measures. +7. Any other economic losses apart from the same resulting +from the damage of environment, and so according to the +extent of the losses and damages referred to in Clauses 1 +to 5 and 7 mentioned above arising or resulting from the +ionized radiations emitted from any other source of +radiation inside a nuclear facility, or emitted from nuclear +fuel or radiated waste or products existing inside a nuclear facility, or that are attributed to nuclear materials received +Federal Decree by Law No. 4 of 2012 Concerning the Civil Liability for Nuclear Damage 4 + or resulting from a nuclear facility or delivered to the same +and whether they were resulting from radiological +properties of such materials, a mixture thereof and of toxic +and explosive properties or other dangers of such +materials. +The Cabinet may issue the instructions related to the +execution of Clauses 1 to 7 +The nuclear +Accident : Any accident or series o f accidents arising from one origin, +causing nuclear damages, imminent or serious threatens +of causing such damages in regard to the precaution +measures. +Special Drawing +Rights SDRs : The unit of account as determined by the World Monetary Fund and used thereby in the transactions and operation +thereof. +Vienna +Convention of +1997 : The unified text of Vienna Convention of 1963 as +amended and attached to the protocol of amending +Vienna Convention concerning the civil liability for +nuclear damages dated on 12 September 1997. + +" +justice and juiciary,Federal Decree by Law No. 4 of 2012 Concerning the Civil Liability for Nuclear Damage,"Article (2) +Targets of the Law +The Decree by Law hereof purports to the following: +1. Regulating the provisions and determining the scope of civil liability and reimbursement +on nuclear damages. +2. Determining the financial guarantee which the operator shall be committed to the +reservation thereof. +3. Applying Vienna Convention of 1997 concerning civil liability on nuclear damages regarding what had not been stipulated in the Decree by Law hereof. + +Federal Decree by Law No. 4 of 2012 Concerning the Civil Liability for Nuclear Damage 5 + " +justice and juiciary,Federal Decree by Law No. 4 of 2012 Concerning the Civil Liability for Nuclear Damage,"Article (3) +Scope of Application +The operator of the nuclear facility shall utterly hold liability on the damages that are proved +to be the cause of a nuclear accident as stipulated in Article 2 from Vienna Convention of +1997. +The Authority may exclude any nuclear facility or little quantities from the nuclear materials +from the scope of applying the Decree by Law hereof, if the small sized dangers involved +formulation thereto, provided the: +1. Determination of the standards of exclusion related to the nuclear facilities by the +Council of Governors of the International Agency and issuance of a Resolution thereby to fulfill the exclusion to meet such standards. +1. Determination of the maximum limits to exclude the least quantities from the nuclear +materials by the Council of Governors of the International Agency and issuance the +Authority of a Resolution that such exclusion is within the resolved limits. + +" +justice and juiciary,Federal Decree by Law No. 4 of 2012 Concerning the Civil Liability for Nuclear Damage,"Article (4) +Liability on Nuclear Damages +The operator shall be the sole liable party on any nuclear damages arising from a nuclear accident according to the provisions of Article 2 of Vienna Convention of 1997. + +" +justice and juiciary,Federal Decree by Law No. 4 of 2012 Concerning the Civil Liability for Nuclear Damage,"Article (5) +1. Liability of the operator on reimbursing the nuclear damages on each single nuclear +accident shall not exceed the amount of 450 million of the Special Drawing Rights. +2. The Authority may decide the minimum liability of the operator on reimbursing the nuclear damages referred to in Paragraph 1 from the Article hereof as for the nuclear +facilities formed of reactors for the purposes of researches and low power reactors and facilities that process or store nuclear materials, subject to the nature of such facility, the +involved nuclear materials and the possible consequences that may be resulting from an +accident caused for the reason thereof, provided that the determined amou nt of +Federal Decree by Law No. 4 of 2012 Concerning the Civil Liability for Nuclear Damage 6 + reimbursement shall not be less than 5 million of the SDRs in any event, provided that +the International Agency shall guarantee the coverage of the balance between the +minimum determined by the Authority according to the Paragraph hereof and the +maximum liability stipulated in Paragraph 1 from the Article hereof. + +" +justice and juiciary,Federal Decree by Law No. 4 of 2012 Concerning the Civil Liability for Nuclear Damage,"Article (6) +The Authority, based on a prior written approval by the operator and the request of the tanker or handler of the nuclear materials or waste, may acknowledge the same or +recommend him as an operator instead of the same determined by such Authority only for +the purposes of the second Article from Vienna Convention of 1997, after fulfilling the +requirements pertaining to insurance coverage and financial guarantee stipulated in Article +8 from the Decree by Law hereof. +In such event, the tanker or handler stipulated in Paragraph one from the Article hereof, shall be deemed an operator for the nuclear facility inside the lands of the State. + +" +justice and juiciary,Federal Decree by Law No. 4 of 2012 Concerning the Civil Liability for Nuclear Damage,"Article (7) +The Court may exempt the operator entirely or partially from the obligation of +reimbursement on the damage incurred on the aggrieved party if the operator proved that +the nuclear damages aroused fully or partially from a gross negligence of the same, or of an +act that the same had conducted or refrained from conducting for the purpose of causing damage. + +" +justice and juiciary,Federal Decree by Law No. 4 of 2012 Concerning the Civil Liability for Nuclear Damage,"Article (8) +Financial Guarantee and Insurance +5. The operator shall be committed to offer or keep the insurance and guarantees provided +by the Authority in regard of the liability on nuclear damages. +5. For the purposes of issuing a license for the operation of a nuclear facility, the operator +thereof shall keep the insurance or offer another financial guarantee until the amount of +450 million SDRs or the amount determined by the Authority according to the +provisions of Paragraph 2 of Article 5 from the Decree by Law hereof, in order to cover +Federal Decree by Law No. 4 of 2012 Concerning the Civil Liability for Nuclear Damage 7 + the liability on a single nuclear accident, provided that such other insurance or guarantee +shall meet the form and provisions adopted by the Authority. +5. The operator may obtain such insurance or financial guarantee from any sources adopted by the Authority whether from inside or outside the State. +5. The provisions of the Decree by Law hereof shall meet the priority of disbursing the due +reimbursement in the claims of a decease case or personal injury stipulated in Paragraph +2 of Article 8 from Vienna Convention of 1997. +5. If the operator was unable to exhaust all the efforts from obtaining the insurance +coverage or any part thereof stipulated in Paragraph 2 of Article 2 hereof, the Authority +may resolve the insurance stipulated by virtue of the provisions of the Decree hereof by +a Law that is not provided in the local or international insurance market, or to resolve +that the insurance coverage is not provided or suspended momentarily. In all events, the +risks covered by virtue of the insurance coverage shall become directly covered by the +State until the maximum stipulated in Paragraph 1 or 2 of Article 5 from the Law hereof as the case may be, until the Authority announces the availability of insurance coverage +and granting the concerned parties a grace period that shall be determined by the +Authority solely in order to obtain such insurances. + +" +justice and juiciary,Federal Decree by Law No. 4 of 2012 Concerning the Civil Liability for Nuclear Damage,"Article (9) +1. The operator shall provide the tanker with a certificate issued by the underwriter or his delegate or any other financial guarantor who offers financial guarantees by virtue of the +provisions of Article 8 from the Decree by Law hereof. +2. The certificate referred to in the first paragraph from such Article, shall be in conformity with the stipulated requirements in such Decree by Law and the third Article from +Vienna Convention of 1997. +3. The transportations that are fully made inside the State shall be excluded from such +Article. + + + +Federal Decree by Law No. 4 of 2012 Concerning the Civil Liability for Nuclear Damage 8 + " +justice and juiciary,Federal Decree by Law No. 4 of 2012 Concerning the Civil Liability for Nuclear Damage,"Article (10) +Claims of Reimbursement +1. The reimbursement claims on the nuclear damages shall be filed exclusively against the +operator or the person who submitted the guarantee or insurance by virtue of the +provisions of Paragraph 1 of Article 8 from the Decree by Law hereof. +2. The request for reimbursement claims shall be subscribed against the operator by the lapse of the insurance duration or the effective financial guarantee if it remained +effective for a longer period from the duration stipulated in Paragraph 1/a of Article 6 +from Vienna Convention of 1997. +3. The request of reimbursement for rights of any person who was incurred by nuclear +damages shall be elapsed unless the claim was filed within three years from the date of +recognition of the aggrieved person, or from the date that he was supposed to recognize +such damage and the operator who is liable therefor, provided not to exceed the +duration determined in Paragraph 1/a of Article 6 from Vienna Convention of 1997 or +Paragraph 2 from such Article. + +" +justice and juiciary,Federal Decree by Law No. 4 of 2012 Concerning the Civil Liability for Nuclear Damage,"Article (11) +The operator shall have the right in claiming in the following two events: +1. If a clear stipulation had been stated thereof in a written contract. +2. If the nuclear accident resulted from the conduct of an action or negligence of the same +for the purpose of causing damages, the claim shall be filed in such event on the party +who conducted or participated in causing such an action or refrained from the conduct +thereof for such purpose. +The right of resource stipulated by virtue of such Article, shall be extended for the benefit of +the State in a manner that saves public funds pursuant to Vienna Convention of 1997. + +" +justice and juiciary,Federal Decree by Law No. 4 of 2012 Concerning the Civil Liability for Nuclear Damage,"Article (12) +Jurisdiction +1. The Federal Courts in the Emirate of Abu Dhabi shall be specialized solely in hearing the +Federal Decree by Law No. 4 of 2012 Concerning the Civil Liability for Nuclear Damage 9 + arising claims by virtue of the Law hereof. +2. The provisions of Decree by Law hereof shall be applied on the claims that are related to +civil liability on nuclear damages; moreover, the provisions of Vienna Convention of +1997 shall be applied regarding what had not been stipulated by a text or verdict in the Decree by Law hereof. +3. Upon the submission of the claim of request of reimbursement on a nuclear damage, the Court stipulated in the first Paragraph of the Article hereof shall be specialized therein; such Court may appoint one or more experts or specialists for the assistance thereof +according to the enforced Laws and Legistlations. + +" +justice and juiciary,Federal Decree by Law No. 4 of 2012 Concerning the Civil Liability for Nuclear Damage,"Article (13) +The Competent Authority +The Authority shall be the competent authority in executing the provisions of the Decree by +Law hereof including the following: +1. Resolving excluding the small quantities of nuclear materials or facilities from the application of the provisions of Vienna Convention of 1997 and Article 3 from the +Decree by Law hereof. +2. Determining the least liability in the event of nuclear facilities formed o f reactors for the +purposes of researches and reduced energy reactors and facilities that process or store nuclear materials by virtue of Paragraph 2 of Article 5 from the Decree by Law hereof. +3. Determining whether the insurance on the civil liability or any other financial guarantee +for the applicant of the request or operator meet the provisions of the required financial +security according to Paragraph 1/a of Article 7 from Vienna Convention of 1997, and +Paragraphs 1 and 2 of Article 8 from the Decree by Law hereof. +4. Issuing the rules and regulations pertaining to the application of the provisions of the +Decree by Law hereof. + +" +justice and juiciary,Federal Decree by Law No. 4 of 2012 Concerning the Civil Liability for Nuclear Damage,"Article (14) +General Provisions +1. No provision from the Decree by Law hereof arising by virtue of any regulation or +Federal Decree by Law No. 4 of 2012 Concerning the Civil Liability for Nuclear Damage 10 + program of a health insurance or labor compensation or occupational diseases, may +become effective in a manner that restricts any right or obligation of any person. +2. The beneficiary of any rule or program of health insurance or reimbursement referred to in Paragraph 1 of such Article may benefit from the compensation stipulated in the Decree by Law hereof upon the provisions of the conditions thereof. + +" +justice and juiciary,Federal Decree by Law No. 4 of 2012 Concerning the Civil Liability for Nuclear Damage,"Article (15) +The Decree by Law hereof shall be published in the Official Gazette and shall come into force from the date of publication thereof. + +Khalifah Bin Zayed Al Nahyn +UAE President + +Issued by us in the Presidential Palace in Abu Dhabi +On: 25 Ramadan 1433 Hijri, +Corresponding to: 13 August 2012 + + " +justice and juiciary,Federal Decree Law No. 19 of 1993 for Defining the Maritime Areas of the United Arab Emirates.,"Article (1) Definitions +In the implementation of the provisions hereof, the following terms and phrases shall have +the meanings assigned for each of them unless the context requires otherwise: +State : The United Arab Emirates State. +Baseline : The line from which the measurement of the territorial sea begins. +Island : A natural formation of land surrounded from all sides by water +provided that it is not submerged by water in the event of high tides. +Archipelago : A group of two or more Islan ds constituting along with the water +between or linking them a coherent unit from both geographical +and economic sides. +Low Tide Cusp : A natural formation of land surrounded from all sides by water, and +which cusp emerges from water in the event of low tides yet is + +Federal Law No. 19 of 1993 for defining the maritime areas of the United Arab Emirates. 2 + submerged by water in the event of high tides. +Gulf : A sharp indentation which extension into the land is of adequate +dept h with the width of its opening. The indentation engulfs water +and is larger than the mere limited shoreline cove. +Coast : The Arabian Gulf Coast and the Gulf of Oman Coast. +Nautical Mile One thousand eight hundred and fifty two meters. + +Chapter One: The Internal Water +" +justice and juiciary,Federal Decree Law No. 19 of 1993 for Defining the Maritime Areas of the United Arab Emirates.,"Article (2) +The internal water is the water opposing the land starting from the baseline used to measure +the territorial sea of the State. Shall be deemed included in the internal water in particular: +1 - The water of the Gu lfs along the Coast. +2 - The water of any Low Tide Cusp located 12 Nautical Miles at most from the main +land or any Island belonging to the State. +3 - The water between the main land of the State and any Island belonging thereto and +located 12 Nautical Mil es at most from the land. +4 - Water between the Islands that belong to the State and separated from one another +by 12 Nautical Miles at most. + +" +justice and juiciary,Federal Decree Law No. 19 of 1993 for Defining the Maritime Areas of the United Arab Emirates.,"Article (3) +The State shall determine the conditions of entry into the internal water pertaining thereto +and shall be entitled to impose the implementation thereof on vessels wishing to enter. + + + +Federal Law No. 19 of 1993 for defining the maritime areas of the United Arab Emirates. 3 + +Chapter Two: The Territorial Sea +" +justice and juiciary,Federal Decree Law No. 19 of 1993 for Defining the Maritime Areas of the United Arab Emirates.,"Article (4) +In addition to its land and internal water, the sovereignty of the State shall extend to the +territorial sea thereof as wel l as the airspace there above, the seabed and what is underneath. +The State shall implement its sovereignty on the territorial sea in accordance with the +provisions hereof and the regulations of the International Law. +The territorial sea of the State is a belt of sea water that comes after the land area and internal +water thereof, contiguous to the Coast and extending towards the sea for 12 Nautical Miles +from the baseline. + +" +justice and juiciary,Federal Decree Law No. 19 of 1993 for Defining the Maritime Areas of the United Arab Emirates.,"Article (5) +1 - The foreign commercial vessels shall sail in the territorial sea o f the State within the scope +of the right of innocent passage in accordance with the provisions of the said right accepted +in the International Law. +2 - The entry and passage of foreign warships, including submarines and other underwater +vessels through th e territorial sea shall be subject to a prior authorization from the pertinent +authorities in the State. +3 - The submarines and other underwater vessels must sail on the surface and hoist their flag +during their passage through the territorial sea of the S tate. +4 - The foreign ships operating on or carrying nuclear power or any other radioactive +hazardous or harmful substances or products shall notify the pertinent authorities of the State +in advance of their entry and passage through the territorial sea. + + +Federal Law No. 19 of 1993 for defining the maritime areas of the United Arab Emirates. 4 + + +" +justice and juiciary,Federal Decree Law No. 19 of 1993 for Defining the Maritime Areas of the United Arab Emirates.,"Article (6) +The territorial sea of the State shall be measured in accordance with the following provisions: +1 - From the extreme edge of water recession from the main Coast or the beach, +exposed to the sea. As for the locations where t he Coastline is sharply intermittent or +contorted , the system of straight lines connecting appropriate points determined by pertinent +authorities in the State shall be applied . +2 - Straight lines which are no longer than 24 Nautical Miles that connect two water +recession points at the entries of the Gulfs. Should the width of the Gulf opening exceed such +distance , the straight line is drawn through the Gulf between any two water recession points +on both sides of the Gulf that are the closest to its entrances at a distance of 24 Nautical Miles +. +3 - With regards to an Archipelago, it must be measured through straight lines +connecting the farthest external points to the farthest Islands within the Archipelago. +4 - As for the port or harbour, it is measured by lines drawn near the edge facing the +sea, from the most protruding establishments of the harbour or port, and lines drawn between +the edges of such establishments provided that such establishments are an integral part of the +port or harbour's system. +5 - Should the Low Tide Cusp be entirely or partly far by a maximum distance +equivalent to the width of the territorial sea from the main land or one of the Islands, such +cusp may be used as a baseline from which the width of the territorial sea is measured. + +" +justice and juiciary,Federal Decree Law No. 19 of 1993 for Defining the Maritime Areas of the United Arab Emirates.,"Article (7) + +Federal Law No. 19 of 1993 for defining the maritime areas of the United Arab Emirates. 5 + Should the measurement of the territorial sea require , in application of the provisions hereof +, leaving a part of the exclusive economic zone surrounded by the territorial sea from all sides +, and which length in any direction do es not exceed 12 Nautical Miles , such part shall be +considered a part of the territorial sea of the StateThe same provision shall be applied on any +part of the exclusive economic zone which can be surrounded by one straight line which +length does not exce ed 12 Nautical Miles. + +" +justice and juiciary,Federal Decree Law No. 19 of 1993 for Defining the Maritime Areas of the United Arab Emirates.,"Article (8) +The external edge of the territorial sea shall be a line where each point thereon is located on +a distance from the closest points on the baseline equivalent to the width of the territorial sea. + +" +justice and juiciary,Federal Decree Law No. 19 of 1993 for Defining the Maritime Areas of the United Arab Emirates.,"Article (9) +The right t o fish in the territorial sea of the State shall be restricted to the citizens thereof. + +" +justice and juiciary,Federal Decree Law No. 19 of 1993 for Defining the Maritime Areas of the United Arab Emirates.,"Article (10) +The State shall exercise in the area neighbouring its territorial 2 sea control and dominance in +view of accomplishing the following goals: +1 - Prohibit the breach of the safety, customs, financial, health, or immigration +legislations of the State, whether the breach occurs within the land, internal water or territorial +sea of the State. +2 - Punish whoever breaches the legislations provided for in the previous clause +should the breach occur within the land, internal water or territorial sea of the State. + +" +justice and juiciary,Federal Decree Law No. 19 of 1993 for Defining the Maritime Areas of the United Arab Emirates.,"Article (11) + +Federal Law No. 19 of 1993 for defining the maritime areas of the United Arab Emirates. 6 + The width of the neighbouring region mentioned in the previous Article shall be 12 Nautical +Miles and are measured from the outer boundaries of the territorial Sea of the State. + +Chapter Three: The Exclusive Economic Zone +" +justice and juiciary,Federal Decree Law No. 19 of 1993 for Defining the Maritime Areas of the United Arab Emirates.,"Article (12) +The State shall have an exclusive economic zone neighbouring its territorial sea , extending +towards the sea for a maximum distance of 200 Nautical Mi les and measured from the +baseline from which the width of the territorial sea is measured , taking into account the +provisions of Articles 23 / 2 and 24 hereof . + +" +justice and juiciary,Federal Decree Law No. 19 of 1993 for Defining the Maritime Areas of the United Arab Emirates.,"Article (13) +The State shall have within the exclusive economic zone sovereignty rights in view of +exploring and exploiting natural, living or non - living resources of water on top of, on and +under the seabed, as well as preserving and managing such resources in addition to other +activities of the economic exploration and exploitation of the zo ne such as the production of +energy from water, currents and wind. + +" +justice and juiciary,Federal Decree Law No. 19 of 1993 for Defining the Maritime Areas of the United Arab Emirates.,"Article (14) +The State shall have within the exclusive economic zone authority in the following areas: +1 - Construct and use artificial Islands, structures and installations. +2 - Maritime scientific research. +3 - Protect and preserve the environment. + +" +justice and juiciary,Federal Decree Law No. 19 of 1993 for Defining the Maritime Areas of the United Arab Emirates.,"Article (15) + +Federal Law No. 19 of 1993 for defining the maritime areas of the United Arab Emirates. 7 + The right to fish in the exclusive economic zone shall be limited to the citizens of the State. +Nonetheless, the pertinent authorities in the State may authorize non - citizens to fish in the +said zone - in accordance with the conditions and restrictions the authorities impose - taking +into account the measures relating to the preservation of living resources therein. + +" +justice and juiciary,Federal Decree Law No. 19 of 1993 for Defining the Maritime Areas of the United Arab Emirates.,"Article (16) +The State, i n view of exercising its sovereignty rights in exploring, exploiting, preserving and +managing living resources in the exclusive economic zone, may take measures among which +the inspection and impoundment of vessels and filing lawsuits against them, as need may be +in order to ensure the abidance by the laws and regulations of the State. The impounded +vessels and their detained sailors shall not be released unless after bail or guarantee. In cases +of impoundment of foreign vessels, the State of the flag shall be notified of the procedure. + +Chapter Four: The Continental Shelf +" +justice and juiciary,Federal Decree Law No. 19 of 1993 for Defining the Maritime Areas of the United Arab Emirates.,"Article (17) +The continental shelf of the State shall include the seabed and underneath it for the +submarine areas extending beyond the territorial sea of the State and considered a natur al +extension of its territory , and in all areas of the natural extension of the land territory of the +State until the external boundary of the continental edge or for a distance of 200 Nautical +Miles from the baselines from which the width of the territor ial sea is measured in case the +external boundary of the continental edge does not extend to the said distance , and such +while taking into consideration the provisions of Articles 23 / 2 and 24 hereof . + +" +justice and juiciary,Federal Decree Law No. 19 of 1993 for Defining the Maritime Areas of the United Arab Emirates.,"Article (18) + +Federal Law No. 19 of 1993 for defining the maritime areas of the United Arab Emirates. 8 + The State shall exercise sovereignty rights over its continental shelf in view of exploring and +exploiting the natural resources that it contains. Such right shall be deemed exclusive rights +to the State, unexercised by others unless with an explicit authorization there from, and such +rights shall not depend on an actual or mandatory invasion or any explicit declaration there +from. +The natural resources mentioned in the previous paragraph shall mean the mineral and other +non - living resources in and under the seabed, in addition to living cre atures and those +considered eternal, i.e. the creatures that reached the maturity phase and are immoveable +above or below the sea, or incapable of movement unless through continuous contact with +the seabed or underneath it. + +Chapter Five: General Provisio ns +" +justice and juiciary,Federal Decree Law No. 19 of 1993 for Defining the Maritime Areas of the United Arab Emirates.,"Article (19) +The determination of the maritime areas of the Islands belonging to the State shall be subject +to the provisions provided for herein regarding the determination of the maritime areas of the +main land. + +" +justice and juiciary,Federal Decree Law No. 19 of 1993 for Defining the Maritime Areas of the United Arab Emirates.,"Article (20) +1 - The State shall have in the exclusive economic zone and the continental shelf the exclusive +right to construct, operate and exploit: +a - Artificial Islands. +b - Establishments and installations used for scientific research, the preservation of the +environment or other eco nomic goals. +c - Constructions and installations enabling the State to exercise its rights. +2 - The State shall have the exclusive authority on such artificial Islands, constructions and + +Federal Law No. 19 of 1993 for defining the maritime areas of the United Arab Emirates. 9 + installations, including the authority related to customs, taxes and health laws and regulations +as well as the safety and immigration laws and regulations. + + +" +justice and juiciary,Federal Decree Law No. 19 of 1993 for Defining the Maritime Areas of the United Arab Emirates.,"Article (21) +The State may, whenever necessary, establish around the artificial Islands, constructions and +installations safety zones in which it takes necessary pre cautions to ensure the safety of such +artificial Islands, constructions and installations. The State shall determine the width of the +safety zones, taking into account the internationally adopted criteria, and the safety zones +shall be established in a way that guarantees a reasonable connection between such zones, +the nature, and the function of either artificial Islands, constructions or installations. The area +around them shall not exceed 500 meters measured from every point at their outer edge, +unless t he surpass is acceptable in accordance with the international criteria. + +" +justice and juiciary,Federal Decree Law No. 19 of 1993 for Defining the Maritime Areas of the United Arab Emirates.,"Article (22) +The pertinent authorities in the State shall issue regulations regarding the following matters: +1 - The organization of the building , installation or use of structures , installations or +artificial Islands in or above the continental shelf or the exclusive economic zone in view of +exploring or exploiting its natural resources . It must be taken into account not to establish +such structures or installations that might pro hibit from reaching the land or hinder the +international navigation. +2 - The establishment of safety zones mentioned in Article 21 herein. +3 - The instructions to be abided by in order to protect the structures and installations. +4 - The organization or pr ohibition of entry of vessels into safety zones. +5 - Instructions list to be abided by in order to protect the living and non - living + +Federal Law No. 19 of 1993 for defining the maritime areas of the United Arab Emirates. 10 + resources of the economic zone and the continental shelf. +6 - The environmental affairs, scientific research and technolo gy transfer. +7 - Any other similar matters. + +" +justice and juiciary,Federal Decree Law No. 19 of 1993 for Defining the Maritime Areas of the United Arab Emirates.,"Article (23) +1 - In cases where the territorial sea of the State is opposite or adjacent to the territorial sea of +another State, the external boundaries of the territorial sea of the State shall be delimited by +a middle line. +2 - Should the State and any other opposite or adjacent State thereto not have an agreement +organizing the maritime boundaries , the external boundaries of the adjacent region , the +continental shelf and the exclusive economic zone shall be delimited by a middle line which +every point is located on equal distances from the nearest points on the baselines . + +" +justice and juiciary,Federal Decree Law No. 19 of 1993 for Defining the Maritime Areas of the United Arab Emirates.,"Article (24) +The State shall publish official maps clearly clarifying the boundaries of the territorial sea, the +adjacent zone, the exclusive economic zone and the continental shelf. + +" +justice and juiciary,Federal Decree Law No. 19 of 1993 for Defining the Maritime Areas of the United Arab Emirates.,"Article (25) +a - The implementation of the present Law shall not breach previously concluded contracts +and privileges to explore and exploit living and non - living resources in mariti me areas , and +the implementation of the provisions thereof shall not affect the constitutional and acquired +rights of the Emirates to exploit living and non - living resources in its maritime areas , or the +rights that it may acquire through agreements or contracts that are concluded among the +Emirates regarding said areas . +b - The implementation of the provisions hereof shall not breach the implementation of the + +Federal Law No. 19 of 1993 for defining the maritime areas of the United Arab Emirates. 11 + previously concluded agreements among the Emirates before the promulgation thereof. The +Emira tes shall have the right to conclude agreements to organize the maritime boundaries +among them. + +" +justice and juiciary,Federal Decree Law No. 19 of 1993 for Defining the Maritime Areas of the United Arab Emirates.,"Article (26) +Subject to the provisions and rules of the International Law, and without prejudice to any +more sever punishment provided for in another law or t he breach of compensations: +1 - Whoever breaches the provisions of Article 5 herein shall be sentenced to imprisonment +which period shall be three years at least and seven year at most , and to a fine of 100 , 000 +Dirhams at least , and 2 , 000 , 000 Dirha ms at most , or to any of the said penalties . +2 - Whoever breaches the provisions of Articles 13, 14, 18 and 20 herein shall be sentenced +to imprisonment which period shall be three years at least and five years at most, and to a fine +of 50,000 Dirhams at least and 1,000,000 Dirhams at most , or to either penalty. +3 - Whoever breaches the provisions of Articles 9 and 15 herein shall be sentenced to +imprisonment which period shall be one year at least and three years at most, and to a fine of +25, 000 Dirham s and not in excess of 1,000,000 Dirhams, or to either penalty. + +" +justice and juiciary,Federal Decree Law No. 19 of 1993 for Defining the Maritime Areas of the United Arab Emirates.,"Article (27) +This Law shall be published in the Official Gazette, and shall come into force as of the date of +its promulgation + + + + + Zayed Bin Sultan Al Nahyan + +Federal Law No. 19 of 1993 for defining the maritime areas of the United Arab Emirates. 12 + President of the United Arab Emirates + + +Promulgated by Us at the Presidential Palace in Abu Dhabi +On 2 Jumada al - Awwal 1414 H. +Corresponding to 17 October 1993 " +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (1) +The law attached herewith shall apply to the criminal procedure. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (2) +1. Federal Law No. [35] of 1992 Promulgating the Criminal Procedure Law shall hereby be +repealed. +2. Federal Law No. [5] of 2017 on the Use of Remote Communication Technology in Criminal Procedures shall hereby be repealed. +3. Any provision that goes against or conflicts with the provisions of the law attached +herewith shall hereby be repealed. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (3) +The Heads of Federal and Local Judicial Authorities and the Federal Attorney General shall, in coordination with the Attorneys General of the Local Judicial Authorities within their +respective areas of competence, issue the necessary resolutions for im plementing the +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 3 + provisions of the law attached herewith. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (4) +All the ministries and competent government entities shall, within their respective areas of +competence, implement the provisions of the law attached herewith. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (5) +This Decree Law shall be published in the Official Gazette and shall enter into full force and effect as of March 1, 2023. + +Mohamed Bin Zayed Al Nahyan +President of the United Arab Emirates + + +Issued by us at the Presidential Palace in Abu Dhabi +On 7 Rabi' Al -Awwal, 1444 AH . +Corresponding to: October 3, 2022 AD . + + + + + + +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 4 + +Article (1) Scope of Application +1. The provisions of this Law shall apply to the procedures relating to the offenses +punishable under the Law of Crimes and Penalties and other Penal Codes, as well as the +procedures relating to the criminal offenses of Qisas [retaliation in kind] and Diyya [the +financial compensation payable to the victim or heirs of a victim in the cases of murder, bodily harm or property damage], insofar as they do not conflict with the Rules of +Islamic Sharia. +2. The provisions of this law shall apply to all proceedings that have yet to be adjudicated +on, as well as all procedures that have yet to be implemen ted, prior to the date of entry +into force of this Law, with the following exceptions: +a. The jurisdiction -amending provisions where their date of entry into force falls +beyond the close of pleadings into the pending proceedings; +b. The time limit -amending provisions where the underlying time limit has already +commenced prior to their entry into force; and +c. The provisions regulating the methods of challenging the judgments with regard +to the judgments rendered prior to their date of entry into force, where such laws +are either repealed or creating any of such methods. +3. Every procedure validly conducted under an applicable law shall remain valid and +effective unless otherwise stipulated. +4. The time limits regulating the termination of criminal actions on limitation grounds or +other procedural time limits that are newly prescribed by any law shall only commence +as of the date of entry into force of the law prescribing the same. +5. The provisions of the Civil Procedure Law shall apply to all matters not specifically +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 5 + stipulated in this law. + +Article (2) Preservation of Personal Freedom +1. Any criminal punishment shall only be imposed on any person after he / she is found +guilty in accordance with the law. +2. Any person shall only be ar rested, searched, remanded in custody, detained, prevented +from travelling abroad or placed under electronic monitoring in the circumstances and +based on the conditions set out in the law. Detention or imprisonment sentences shall +only be enforced at their designated places and for the period specified in the order +issued by the competent authority. +3. It shall be forbidden to inflict physical or moral harm upon the Accused and to make any person undergo torture or degrading treatment. Any evidence obtained by way of any of +such methods shall be deemed null and void. + +Article (3) Access to Homes +Members of the public authority may only get access to any inhabited place in the circumstances specified in the law, where the persons living inside the inhabited place seek +help or relief, or where a serious danger to life or property is expected to occur. + +Article (4) Appointment of Defense Attorneys +1. Each Accused charged with a felony punishable by the death penalty or life +imprisonment sentence shall have an attorney to defend him / her during the trial stage. +If the Accused fails to appoint an attorney to defend him / her, the court shall appoint an +attorney to defend him / her, and the State shall bear the professional fees of the +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 6 + attorney so appointed, as described in the law. +2. The Accused charged with a felony punishable by a determinate prison sentence may +request that the court appoint an attor ney to defend him / her if the Court is convinced +that the same is financially unable to appoint an attorney. +3. If the attorney appointed by the court has and asserts any excuses or impediments that +would prevent him from defending the accused, the attorn ey shall forthwith furnish the +same to the Chief Justice of the Criminal Court. If the court accepts the excuses, another +attorney shall be appointed. + +Article (5) Public Prosecution +The Public Prosecution is part of the judicial authority, and shall cond uct the investigation +into, and prosecution of, criminal offenses in accordance with the provisions of this Law. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (6) Public Prosecution's Supervision of Penal Institutions +The Public Prosecution shall supervise penal institutions and places desig nated for pretrial +detention, imprisonment and confinement of debtors. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (7) Disclosure of Victim's Data +1. Judicial Police Officers and investigation bodies may only disclose the victim's data to the parties concerned, with regard to the criminal offenses specified by a decision of the +Attorney General. +2. Likewise, the data and information relating to criminal offenses may only be disclosed in +accordance with the procedures and controls determined by the Attorney General. + +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 7 + " +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (8) Engagement of Interpreters +1. All fact -finding, investigation and trial procedures shall be conducted in Arabic. +2. If the Accused, the witness, or other parties whose statements or testimonies are +required to be recorded in the evidence -gathering reports , the investigation reports of +the Public Prosecution or the transcripts of trial hearings, do not speak Arabic, the Judicial Police Officer, the prosecutor or the competent court's judge, as the case may be, +may either engage an interpreter from among the approved or licensed interpreters or +use any technical means approved by the Ministry of Justice or the by Local Judicial +Authority. +3. If the Accused, the witness or other parties involved in the criminal action are mute, deaf +or unable to speak, the que stions shall be recorded in writing, and their answer to them +shall be recorded in a document to be attached with the case file. If the same cannot be recorded in writing, a sign language interpreter shall be engaged. +4. Under any circumstances, the Judicial Police Officers, the Public Prosecution and the court may engage an interpreter belonging to any other entity after taking an oath to +perform his / her mission with honesty and sincerity. + +Book 1 Proceedings Before Criminal Courts +Part 1 Criminal Actions + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (9) Institution of Criminal Actions +1. The Public Prosecution shall have the exclusive jurisdiction to institute and prosecute +the criminal action, and the same may only be instituted by any other body in the +instances described in the law . +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 8 + 2. The jurisdiction of Federal Public Prosecution shall include the territory of the State with +regard to criminal offenses affecting the interests of the Federation. +3. The Attorney General shall – either by himse lf or through a Prosecutor - institute and +prosecute the criminal action as described in the law. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (10 )Discontinuance of Criminal Actions +The criminal action may only be discontinued or stayed in the circumstances described in +the law. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (11) Cases of Instituting Complaint -Based Criminal Action +The criminal action may only be instituted in respect of the following criminal offenses +based upon a complaint to be filed by the victim or his / her representative or attorney hired +under a special power of attorney: +1. Theft, fraud, breach of trust and concealment of items obtained therefrom, in the +event that the victim is the spouse, ascendant or descendant of the perpetrator, and where such items are not judicially or administratively attached or encumbered with +a right of a third party; +2. Abstention from handing over the child to the person who has the right of custody +over him / her, and taking the child away from the custodian or guardian; +3. Failure to pay the alimony, custodial or breastfe eding fees, or housing costs awarded +by the Court; +4. Insult and slander of people; and +5. Other criminal offenses defined in the law. +The complaint shall not be admitted after [3] three months following the date on which the +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 9 + victim becomes aware of the cr ime and its perpetrator, unless the law stipulates otherwise. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (12) The Filing of Complaints +The complaint shall be filed with the Public Prosecution or with a Judicial Police Officer. In +the case of flagrante delicto , the complaint may be directly filed with the public authority's +personnel who are present. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (13) Filing of Complaint by One of Several Victims +1. If there are several victims involved in the criminal offens es described in Article [11] of +this Law, it shall be legally sufficient for the complaint to be filed by only one of them. +2. If there are several Accused Persons and the complaint is filed against one of them, the +same shall be deemed to have been filed against all of them. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (14) Admission of Complaint Filed by Guardians or Trustees +1. If the victim of a crime described in Article [11] of this Law either has not completed [15] +fifteen years of age or has a mental disability, the complaint shall b e filed on his / her +behalf by his / her legal guardian. +2. If the crime is committed in connection with property, the complaint may be filed by the +trustee or curator. +3. In either of the aforementioned cases, all foregoing provisions relating to the comp laint +shall apply. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (15) Conflict of Interest between the Victim's and His Attorney +If the interest of the victim conflicts with the interest of his / her attorney, or if the victim has +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 10 + no attorney, the Public Prosecution shall represent the victim. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (16) Effect of Victim's Death on the Complaint +1. The right to file the complaint in the cases set forth in Article [11] of this Law shall lapse +upon the death of the victim. +2. If the death occurs after the complaint has been filed, the same shall not affect the course of the legal proceeding. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (17) Waiver of Complaints +1. The person filing a complaint with regard to the criminal offenses described in Article +[11] of this Law may waive the complaint at any time before a final judgment is rendered +thereon, and the criminal action shall be terminated by way of waiver. +2. In the event of several victims, the waiver shall only become legally effective if made by +all victims filing the complaint. +3. In the event of several accused persons, the waiver of the complaint vis -à-vis any of +them shall have its legal effect vis -à-vis the rest. +4. If the victim pa sses away after the complaint is filed, the right to waive the same shall +pass to all of his / her heirs. +5. If the waiver is made after the judgment on the legal proceeding becomes final, the Pub- +lic Prosecution shall order a stay of execution of the penalty and shall release the convict. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (18) Criminal Court's Authority to Dispose of the Proceeding +If the criminal court is convinced that there are other perpetrators against whom the +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 11 + criminal action has not been instituted, that there are other charges not brought against the +Accused Persons involved, or that a felony or misdemeanor has been committed in relation to the charge pending before the court, the latter may transfer the criminal action to the +Public Prosecution for the latter to conduct an investigation and take the necessary course of +action with regard thereto. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (19) Contempt of Criminal Court +If an offense of contempt is committed against the criminal court's bench or against any of +its members or employees, or if such an offense involves a violation of the court's orders or the respect due for the Court, or affects any of its members or the witnesses involved in any +pending legal proceeding, the criminal court shall record the same in the transcript of the +hearing and shall order that the matter be transferred to the Public Prosecution for +investigation. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (20) Occurrence of Crime During a Hearing +1. Subject to the provisions of the Legal Profession Act, if a crime is committed during a +hearing, the court shall record the s ame in the transcript of the hearing and shall order +that Accused be arrested, if necessary, and turned over to the Public Prosecution for in- +vestigation. +2. In such case, instituting the criminal action shall not depend on a complaint if the crime +is among the criminal offenses for which the law requires a complaint to be filed. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (21) Cases of Termination of Criminal Action +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 12 + 1. The criminal action shall be terminated upon the death of the Accused, when a final +judgment or conclusive criminal order is rendered thereon, due to conciliation or waiver +of the same by the party legally entitled to makes such waiver, due to pardon, or as a re- +sult of repeal of the law under which the criminal act is punishable. +2. With the exception of criminal offenses of Qisas [retaliation in kind], Diyya [the financial +compensation payable to the victim or heirs of a victim in the cases of murder, bodily harm or property damage], and felonies punishable by the death penalty or life impris-onment, the criminal action shall be time barred upon the lapse of [20] twenty years in respect of the cases of other felonies, and upon the lapse of [5] five years in the cases of +misdemeanors and one year in the cases of infractions, from the oc currence day of the +crime. +3. The running limitation period of criminal actions shall not be suspended for any reason +whatsoever. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (22) Interruption of Criminal Action's Limitation Period +1. The limitation period of the criminal action shall be in terrupted by investigation, accusa- +tion or trial procedures, criminal conciliation and plea bargaining procedures, or +fact-finding procedures if they are performed against the Accused, or if an official notice +of the same is served upon the Accused. If ther e are several procedures that interrupt the +limitation period, the validity of such period shall commence on the date of the last pro- +cedure made in respect thereof. +2. If there are several Accused Persons, the interruption of the limitation period for any of them shall result in the interruption for the rest. + +Part 2 The Civil Action Related to the Criminal Action +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 13 + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (23) Filing A Civil Action +1. A person, who sustains direct personal harm from a crime, may file a civil action against +the Accused during the evidence gathering process or during the investigation or before the court that hears the criminal action, regardless of the status of the crim inal actionup +until the closing of the pleadings phase. However, he is not permitted to file his action +before the Court of Appeal. +2. If the damage is inflicted upon a legal person, the court shall, sua sponte, award damages if the same is specified in a law or any regulations issued on the basis of a law. +3. Filing civil actions may only be admitted after the judicial fees are paid. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (24) Appointment of An Attorney for The Civil Action +1. If the person who sustains harm from a crime is legally ineligible to institute legal pro- +ceedings and has no attorney to represent him / her, the court hearing the criminal ac-tion may, at the request of the Public Prosecution, appoint an attorney to repres ent him / +her in the civil action. In which case, such a person shall not be ordered to pay the legal +costs. +2. If the Accused against whom the civil action is instituted is legally ineligible for litigation +and has no attorney to represent him / her, the court may appoint an attorney for him / +her the request of the Public Prosecution. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (25) Instituting Civil Actions Before Criminal Courts +1. Civil actions may be instituted before the criminal courts against the insurer for com-pensating th e damage resulting from the crime. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 14 + 2. The party liable for the civil damages and the insurer may intervene on their own initia- +tive in the case during any stage thereof. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (26) Compensation for False Accusations +The Accused may file with the court a claim for compensation on the ground of the damage +incurred by him / her as a result of a false accusation brought against him / her by the +reporting person or the victim. In addition, the criminal court may award compensation in +favor of the Accused against the person found guilty in respect of the crime of perjury and +making a false report, based on the accused's request. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (27) Transferring the Civil Action to the Competent Civil Court +If the criminal court is convinced that determination of the compensation claimed by the +Plaintiff or the Accused entails a special investigation that would postpone the adjudication +on the criminal action, it shall transfer the civil action to the competent civil court. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (28) Discontinuance of Civil Actio n Instituted before The Criminal +Court +The Plaintiff may discontinue his proceeding at any stage of litigation. If the Plaintiff discontinues his / her proceeding instituted before the criminal court, he / she may institute +the same before the civil court. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (29) Grounds for Stay of Civil Action +1. If the civil action is initiated before the civil court, the decision thereon shall be post- +poned until a final judgment is rendered on the criminal action that is instituted before +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 15 + the initiation, or during the progress, of the civil action. However, if the procedures of the +criminal action are stayed due to insanity of the Defendant, the civil action shall be adju-dicated vis -à-vis the curator of the Accused. +2. Stay of the civil action shall not preclude taking urgent precautionary measures, and the procedures prescribed in this Law shall apply upon adjudicating on the civil action insti- +tuted before the criminal court. +3. Stay of the civil action before the civil court shall be come to an end if the crimin al court +renders a judgment of conviction in absentia against the Accused, as of the date of expi- +ration of the time limit for challenging it by the Public Prosecution or of the day of the +decision on such challenge. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (30) Effect of Termination of Criminal Action on Civil Action +If, for any reason whatsoever, the criminal action is terminated after it has been instituted, +the court shall transfer the civil action brought before it to the civil court, unless the civil +action is set for adjudication on the merits. + +Book 2 Crime Detection , Evidence Gathering and Verification +Part 1 Evidence Gathering by Judicial Police Officers + +Chapter 1 Judicial Police Officers and their Duties +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (31) Functions of Judicial Police Officers +Judicial Police Officers shall detect the criminal offenses and search for their perpetrators, +and shall gather information and evidence necessary for investigation and indictment. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 16 + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (32) Judicial Police Officers' Subordination to Attorney General +Judicial Police Officers shall be subordinated to and supervised by the Attorney General with +regard to their job duties. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (33) Judicial Police Officer's Failure to Perform His Duties +The Attorney General may request that the competent authority supervising the Judicial +Police Officer consider any violation of duties or defective performance of duties committed +by the latter. The Attorney General may request that a disciplinary proceeding be instituted +against the Judicial Police Officer, without prejudice to the right to institute a criminal action. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (34) The Capacity of a Judicial Police Officer +The Judicial Police Officers shall include the following persons within the areas of their +competences: +1. Members of the Public Prosecution; +2. Officers, non -commissioned officers and personnel of the police force; +3. Officers, non -commissioned officers and members of border and coast guards; +4. Officers, non- commissioned officers and members functioning at the State's sea, air +and land ports, including policemen or armed forces personnel; +5. Officers and non -commissioned officers of civil defense; and +6. The employees vested with the authority of Judicial Police Officers by virtue of the +applicable laws, decrees and resolutions. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (35) Granting the Capacity of Judicial Police Officers +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 17 + Based on a resolution of the Minister of Justice or the chairman of the competent local +judicial body in c oordination with the competent minister or the competent authority, any +employee[s] may be vested with the capacity of Judicial Police Officers in relation to criminal +offenses that occur within the areas of their competence and are relating to their job d uties. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (36) Duties of Judicial Police Officers +Judicial Police Officers shall admit the reports and complaints submitted to them on the +criminal offenses. They, as well as their subordinates, shall seek clarifications and conduct +the necessary in spection to facilitate the examination of the incidents reported to them or of +which they become aware, in any manner whatsoever. In addition, they shall take all +precautionary measures necessary to preserve evidence of the crime. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (37) Reports +1. All actions carried out by the Judicial Police Officers shall be recorded in reports to be signed by them, indicating the time and place of taking the underlying actions. Such +reports shall also contain the signatures of the Accused, the witnesses and the experts +questioned. +2. The reports shall be submitted to the Public Prosecution along with the relevant documents and items seized. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (38) Reporting a Criminal Offense +Any person, who becomes aware of the occurrence of a crime in respe ct of which the Public +Prosecution may institute a legal proceeding without a complaint or a request, shall report +the same to the Public Prosecution or a Judicial Police Officer. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 18 + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (39) Reporting a Crime Committed During Work +When a public employe e or a person entrusted with a public service becomes aware, during +or on account of performing his / her job duties, of the occurrence of a crime in respect of +which the Public Prosecution may institute a legal proceeding without a complaint or a +request, he / she shall immediately report the same to the Public Prosecution or the nearest +Judicial Police Officer. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (40) The Complaint Must State The Claim for Civil Damages +The Complainant shall only be deemed claiming civil damages if he expresses th e same in +his / her complaint or in any paper submitted by him / her thereafter, or if he / she claims +compensation in either of them. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (41) Powers of Judicial Police Officer During Evidence Gathering +Judicial Police Officers may, during the gathe ring of evidence, hear the statements of all +persons who have information about the criminal offenses and their perpetrators, and may +question the Accused about the same. They may also seek the assistance of doctors and +other persons of expertise; however, they may only administer the oath to witnesses or +experts if they have concerns that it would be impossible for their statements to be heard +afterwards. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (42) Assistance by the Public Authority +Judicial Police Officers may, in the course of carry ing out their duties, seek the direct +assistance of the public authority. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 19 + +Chapter 2 Flagrante Delicto +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (43) Cases of Flagrante Delicto +1. The crime shall be considered to have been caught in Flagrante Delicto upon +perpetration or a short while thereafter. +2. The crime shall also be considered to have been caught in Flagrante Delicto if the victim +chases the perpetrator thereof, if the latter is chased by the public with shouts upon +perpetratio n of the crime, if the perpetrator is found, after a short while of the +perpetration of the crime, carrying tools, weapons, items or chattels indicating that he is +the perpetrator or an accomplice of the crime, or if there exist at that time traces or sign s +so indicating. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (44) Powers of Judicial Police Officer on Flagrante Delicto Cases +1. In case of a crime caught in Flagrante Delicto , the Judicial Police Officer shall forthwith +move to the crime scene, examine and retain the physical evidence of the crime, +document the existing state of places and persons and anything else that may lead to +revealing the truth, and take the statements of those present or those who might give +some explanations as concerns the incident and the perpetrator thereof. H e shall +immediately inform the Public Prosecution of his move. +2. The Public Prosecution shall, once notified of a crime in Flagrante Delicto, move +immediately to the crime scene. + +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 20 + " +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (45) Order Preventing the Persons Present from Leaving the Crime +Scene +1. For any crime caught in Flagrante Delicto, the Judicial Police Officer may, as soon he +reaches the crime scene, prevent the persons present from leaving or moving away from the crime scene until a report is drawn up. Moreover, he may immediately su mmon an- +ybody from whom clarification about the incident could be obtained. +2. In the event that any of the persons present violate the order issued by the Judicial Police Officer, or if any of the persons summoned refuses to appear before the Jud icial Police +Officer, the same shall be recorded in the report and communicated to the Public Prose- +cution for necessary action. +3. The competent court shall condemn the violator or the abstaining person, after hearing +his defense, to a fine not exceeding [AED 5,000] five thousand dirhams. + +Chapter 3 Arrest of the Accused + " +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (46) Cases of Arrest of the Accused +The Judicial Police Officer may order that the Accused who is present at the crime scene be +arrested, where there is cogent evidence that he / she has committed the crime in any of the +following instances: +1. Felonies; +2. Misdemeanors caught in Flagrante D elicto where the penalty prescribed by law in +respect thereof is not a fine; +3. Misdemeanors for which the penalty prescribed by law is not a fine and where the Accused is placed under any form of monitoring or where there are concerns that he +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 21 + / she might escape; and +4. Misdemeanors of theft, fraud, breach of trust, severe transgression, resistance by +force to public authority officers and violation of public morals, as well as +misdemeanors relating to weapons, ammunition, intoxicants, hazardous substances, +narcotics, psychotropic substances and the like. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (47) Arrest Warrant +1. Where the Accused is not present at the crime scene, the Judicial Police Officer may issue +an Arrest Warrant against him, and the same shall be recorded in the report. +2. The Arrest Warrant shall be enforced by a public authority officer. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (48) Rights of the Accused +1. Once the Accused is arrested or brought and before his / her statements are heard, the +Judicial Police Officer shall inform the Accused of the criminal charge brought against +him / her and of his / her right to remain silent. If the Accused fails to furnish evidence of his / her innocence, he shall be sent, within [48] forty -eight hours to the competent Pub- +lic Prosecution. +2. The Public Prosecution sh all question the Accused within [24] twenty -four hours, and +shall then order that the same be either remanded in custody or released. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (49) Handover of Perpetrator to Public Authority Officers +Whoever watches the Perpetrator in Flagrante Delicto while perpetrating a felony or a +misdemeanor he shall turn him / her over to the nearest public authority officer with no +need for an Arrest Warrant. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 22 + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (50) Handover of Perpetrator to Judicial Police Officers +In respect of felonies or misdemeanors caught in Flagrante Delicto and for which the penalty +prescribed by law is not a fine, the public authority officers shall arrest and surrender the +Accused to the nearest Judicial Police Officer. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (51) Admission of Complaint Filed by Public Authority Officers +If the crime caught in Flagrante Delicto is among the criminal offenses in respect of which +the criminal action must only be instituted based on a complaint, the Accused may only be +arrested if the complaint is authorized by the person having the right to file it. The complaint +may, in which case, be filed by any of the members of the public authority being present at +the crime scene. + +Chapter 4 Search of Persons and Homes + " +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (52) Searching the Accused +The Judicial Police Officer may search the Accused in the instances where the law allows his arrest. The Accused shall be searched through looking for any items or chattels relating to +the crime and which are necessary for investing it in his body, clothes or luggage. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (53) Searching the Female Accused +In case the Accused is a female person, she shall be searched by a female Judicial Police +Officer or a woman to be delegated for that purpose by the Judicial Police Officer aft er she +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 23 + takes the oath that she shall perform her duties with loyalty and honesty. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (54) Searching the Home of the Accused +1. The Judicial Police Officer may only conduct a search on the home of the Accused based +on a written search warrant issued by the Public Prosecution unless the crime is caught in Flagrante Delicto and where there is cogent evidence that the Accused is concealing in +his / her home chattels or papers which may lead to revealing the truth. Search shall be +conducted and the relevant chattels and papers shall be seized in the manner specified +by law. +2. The chattels and papers required to be found shall be looked for across all parts of the +home and its appurtenances and contents. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (55) Purpose of Sear ching the Accused's Home +The home of the Accused may only be searched for finding the chattels relating to the crime +for which evidence is being collected and investigation is being conducted. Nevertheless, if +during the search, any chattels - whose possession per se constitutes a criminal offense or +which may lead to revealing the truth in any other crime - are incidentally discovered, the +Judicial Police Officer shall seize the same. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (56) Presence of Women During the Search of Home +If any women are present at the house and the purpose of searching the same is not their +arrest or search, the Judicial Police Officer shall deal with them in compliance with the +applicable professional rules, shall allow them to cover up their body or leave the house, and +shall grant them the necessary relevant facilities in such a manner that does not affect the +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 24 + interest or result of the search. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (57) Searching the Accused while Searching His Home +If, during the conduct of search of the home of the Accused, there are strong presumptions +against him or against any person present therein suggesting that they are concealing +something which may help reveal the truth, the Judicial Police Officer may search either of +them. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (58) Presence of Sealed or Closed Papers +When there are se aled papers or any documents closed by any other means at the home of +the Accused, the Judicial Police Officer may not unseal or open them; however, he shall record the same in the search report and then submit the report to the Public Prosecution. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (59) Searching the Accused's Home in the Presence of Two Witnesses +The home of the Accused shall be searched, whenever possible, in the presence of the +Accused or his / her attorney, or, otherwise, in the presence of two witnesses who, if +possible, shal l be adult relatives, cohabitants or neighbors of the Accused, and the same shall +be recorded in the search report. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (60) Affixing the Seals +1. The Judicial Police Officers may affix the available precautionary means on, and appoint +guards at, the places and chattels in which there are traces that would contribute to re- +vealing the truth, and shall forthwith report the same to the Public Prosecution. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 25 + 2. Any person concerned may file a grievance against this procedure with the Chief J ustice +of the first instance court or the judge, as the case may be, through a petition to be sub- +mitted to the Public Prosecution, which, in turn, shall immediately send the same, to- +gether with its opinion, to the Chief Justice of the court or the Judge. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (61) Seizure and Confiscation of Chattels +1. The Judicial Police Officers may seize the chattels which may have been involved in, or +resulted from, the perpetration of the crime, or on which the crime may have been +committed, in addition to anything whatsoever that may lead to revealing the truth. +2. Such chattels shall be described and submitted to the Accused in order to give his com- +ments thereon, after which, a report shall be drawn up and signed by the Accused or +shall contain a note that the Accused has refused to sign it. +3. The chattels and papers seized shall be placed in a package firmly closed in a manner +that prevents third parties from manipulating its contents. In addition, the necessary de- +tails shall be written down on the packag e. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (62) Break of Seals +The break of seals affixed on the places and chattels shall be conducted in accordance with +Articles [60] and [61] hereof in the presence of the Accused or his attorney and the person +with whom these chattels are seized, or after summoning them to attend. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (63) Disclosure of Search Information +Whoever becomes aware of information in relation to the chattels searched as a result of the search process, and discloses such information to any third party lacking the capacity or uses +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 26 + such information for his personal interests in any way whatsoever shall be punished by the +penalties prescribed for the crime of information disclosure. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (64) Providing a Certified Copy of the Papers Seized +In case the person, with wh om the papers are seized, has an urgent interest in relation +thereto, he shall be given a certified copy thereof countersigned by the Public Prosecution, unless the same would be detrimental to the investigation interest. + +Part 2 Investigation by Public Prosecution +Chapter 1 Conducting the I nvestigation +Section 1 General Provisions + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (65) Conducting Investigation into Felonies and Misdemeanors +The Public Prosecution shall, by itself, conduct the investigation into felonies and +misdemeanors, where d eemed necessary. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (66) Investigation Procedures +1. The Prosecutor shall conduct the investigation procedures with the assistance of one of a +Public Prosecution's clerk, or may assign this duty to any other person after the latter +takes the oath. +2. The Prosecutor and the clerk, as the case may be, shall sign every page of the investiga- +tion reports, and such reports, together with the other relevant papers, shall be kept in +the case file. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 27 + 3. Notwithstanding Clause [1] of this Article, the Prosecuto r shall record all investigation +procedures performed. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (67) Confidentiality of Fact -Finding and Investigation Procedures +1. The investigation procedures per se and the ensuing results shall be deemed of a confi- +dential nature. Consequently, member s of the Public Prosecution and their assistants, +clerks, experts and others who are involved in or attend the investigation ex officio shall not disclose the same. Whoever breaches this duty shall be punished by the same pen- +alty prescribed for the crime o f disclosure of confidential information. +2. The fact -finding reports shall be treated with the same confidentiality described in +Clause [1] of this Article. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (68) Assigning a Judicial Police Officer to Conduct Investigation +1. The Prosecutor may assign a Judicial Police Officers to conduct any investigation proce- +dure[s], except for questioning the Accused. He may also, if there is a necessity to take any action at any entity that falls beyond the territorial scope of his competence, dele- +gate a Pro secutor or a Judicial Police Officer within such territorial area. In all cases, the +person so delegated shall, within the scope of his delegation, be vested with all powers +of the delegating person. +2. Notwithstanding Clause [1] of this Article, the judic ial authorization issued by a Prose- +cutor in respect of any of the criminal offenses that falls within the exclusive jurisdiction of the federal courts shall be valid across all emirates of the State. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (69) Description of Issues to be Investigated +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 28 + In all instances where the Prosecutor delegates another person to perform any +investigations, the former shall specify the matters required to be investigated and the action required to be taken. In addition, the person delegated may carry out any other in vestigation +procedure, including the questioning of the Accused, in the instances where it would be too +late to take such action whenever it is necessary for revealing the truth. + +Section 2 INSPECTION, SEARCH AND SEIZURE OF CRIME -RELATED +CHATTELS + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (70) Movement of Prosecutor to Inspect +1. The Prosecutor shall move towards any place in order to identify the status of persons, +places and chattels relating to criminal offenses and all matters required to be inspected. +2. In the instances where it is necessary to take an action at an entity that falls beyond the +territorial scope of his competences, he may delegate a member of the competent pros- +ecution to perform such an action. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (71) Searching the Persons +1. The Prosecutor may search th e Accused, and may only search any other person where +there are strong indications that such a person is possessing crime -related items. +2. When searching a female person, the provisions of Article [53] of this Law shall be ob-served. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (72) Searchi ng the Places and Seizure of Crime- Related Chattels +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 29 + 1. The Prosecutor shall search the home of the Accused on the ground of a charge imputed +to him of having perpetrated , or involved in the perpetration of, a crime. He may, in this +respect, search any place and seize any papers, arms and all chattels likely be have been involved in the perpetration of the crime or resulting therefrom, as well as anything that +may help rev eal the truth. +2. A Prosecutor may search any residential building other than the house of the Accused, if there are strong indications that he is possessing crime -related chattels. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (73) Searching the Communications and Technical Means and Record ing of +Conversations +1. The Prosecutor may seize, at the post offices, all correspondence, letters, papers, printed +materials and parcels, and, at the telegram offices, all cables. Furthermore, he may search the devices, networks, equipment, media, electronic supports, information systems, computer programs, or any technical means whenever the investigation so requires, or +he may assign experts or specialists he deems appropriate to perform the same. +2. Subject to prior approval of the Attorney General, the Prosecutor may monitor and rec- +ord the conversations, including wired and wireless communications. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (74) Review of Letters and Papers Seized +Only the Prosecutor may review the correspondence, letters and other papers seized, and +may, in light of such review, order that such papers be either kept in the case file or delivered +back to the person possessing them or to whom they are addressed. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (75) Impermissibility to Seize Documents Delivered by the Accused +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 30 + to his Attorney +The Prosecutor may neither seize the papers and documents that are delivered to an +attorney by the Accused for the sake of performing the task assigned to him, nor review the +correspondence exchanged between them in respect of the underlying case. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (76) Violation of Public Prosecution's Order to Hand over a Seizable +Item +The Prosecutor may order that any person having possession of any item required to be seized or reviewed submit the same, and whoever violates such an order shall be punished +by the penalties prescribed for the crime of refusing to testify. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (77) Communication or Delivery of a Copy of The Items Seized +1. Correspondence, letters, telegrams or similar papers seized or addressed to the Accused +shall be communicated to him or he shall be given, as soon as practically possible, a copy +thereof, unless the same is prejudicial to the progress of investigation. +2. Whoever claims a right over the chattels seized may request that the Prosecutor deliver +the same to him. + +Section 3 RETURN AND DISPOSAL OF CHATTELS SEIZED +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (78) Return of Chattels seized +Chattels seized in the course of the investigation may be returned to their rightful owners, +even before the judgment is rendered, unless they are necessary for proceeding with the +case or are subject to confiscation. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 31 + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (79) Return of Chattels Seiz ed to their Possessor +The chattels seized shall be returned to the person in whose possession they exist at the time +of their seizure. However, if the chattels seized are those on which the crime is perpetrated +or those resulting therefrom, they shall be r eturned to the person who is denied their +possession as a result of the crime, unless the person with whom they are seized has a right to retain them under the law. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (80) Writ of Replevin +The writ of replevin may be issued by the Public Prosecutio n, and the court may order +Replevin in the course of hearing the criminal action. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (81) Effect of Writ of Replevin +The writ of replevin shall not prevent the parties concerned from claiming their rights before the civil court. However, the Accused or the Plaintiff in the criminal action may not claim +such rights if the writ is issued by the criminal court upon motion of either of them against +the other. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (82) Replevin of Chattel in Dispute +1. The writ of Replevin may be issued even without a motion. +2. The Public Prosecution shall not issue a writ of Replevin on a disputed chattel or on any +other chattel where there is any doubt about the person having the right to gain its pos- +session. + +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 32 + " +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (83) Decision on the Chattels Seized +1. Where an order is issued to terminate the proceeding or that a case cannot proceed to +criminal trial, the Prosecutor shall decide on the chattels seized. +2. Upon adjudicating on the criminal action, the criminal court shall decide o n the chattels +seized if they were reclaimed before such a court. In addition, it may, if deemed neces- +sary, order that the matter be sent to the civil court. In the latter case, it may order that +the chattels seized be kept in custody or that any other measures be taken to preserve +them. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (84) Time Limit for Claiming the Chattels Seized +The chattels seized and not reclaimed by their rightful owners within [5] five years following +the date of determination of the criminal action by virtue of a final judgment, or by the issue +of an order that a case cannot proceed to criminal trial, or in any of the instances set forth in Article [21] of this Law, shall become the property of the public treasury with no need for a +judgment to be rendered to that effec t. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (85) Damage to Chattels Seized Over Time +If the chattel seized is exposed to damage or reduction in value with the passage of time, or +where preserving such a chattel would entail costs that exceed its value, an order may be +issued that the same be sold through an open auction, in case the investigation +requirements so entail. In which case, the rightful owner of the chattel so sold may claim the sale proceeds within the time limit prescribed in Article [84] of this Law. + +Section 4 INTERVIEWIN G WITNESSES +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 33 + " +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (86) Interviewing Witnesses +The Prosecutor shall interview the witnesses whose statements are requested to be taken by +the parties, unless he decides that their statement is of no significance. He may also +interview those witnesses who se statement is deemed significant on the facts that prove or +lead to the substantiation of the crime and its circumstances and conviction or acquittal of the Accused. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (87) Ordering Witnesses to Appear for an Interview +The Prosecutor shall order the witnesses whom he decided to interview to appear, through +the public authority personnel. He may also take the statement of any witness who attends +on his own accord, and the same shall be recorded in the report. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (88) Confrontation of Witness es +The Prosecutor shall hear each witness in private, and may make the witnesses confront +each other. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (89) Details of Witness Identity and the Procedures for Hearing His +Statement Before the Public Prosecution +1. The Prosecutor shall instruct each witness to mention his name, surname, age, profes- +sion, nationality, place of residence and his relation to the Accused, the victim and the +Plaintiff, and shall verify his identity. +2. The witness, who has completed fiftee n years of age, shall, before giving his statement, +and shall take the oath that he will say the truth, the whole truth and nothing but the +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 34 + truth. Witnesses under this age may also be heard on a precautionary basis without tak- +ing the oath. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (90) Signing the Witness Statement +The Prosecutor and the clerk shall each sign each page of the witness statement, as case may +be. The witness shall also sign each page of such a statement after the same is read out in his +presence. If the witness abstains from signing or affixing his thumbprint, or if he is unable to +do so, the same shall be recorded in the report together with the reasons furnished by the witness. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (91) Failure to Appear to Give Statement +Whomever is ordered to appear before the Public Prosecution to give his statement shall +appear based on the order served upon him. If he fails to appear without a lawful excuse, the +Prosecutor may issue an arrest warrant against him. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (92) Excusab le Failure of the Witness to Appear +In case the witness is sick or has a lawful excuse for not appearing, his testimony shall be +heard at the place of his whereabouts. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (93) Witness Compensation +Subject to the Law of protecting the witnesses and t he like, the Minister of Justice or the +head of the local judicial body may lay down the rules governing the assessment of the +amount of expenses and compensation claimed by the witnesses because of their +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 35 + appearance to give testimony. + +Section 5 ENGAGEMEN T OF EXPERT WITNESSES + " +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (94) Engagement of Expert Witnesses for Investigation +Requirements +1. In the event that the investigation requires the assistance of a physician or any other ex- +pert witness to establish a particular fac t, the Prosecutor shall issue an order for engaging +them in order to submit a report on the mission assigned to them. +2. The Prosecutor shall be present when the expert witness is to performing his mission, +and the latter may perform his duty without the p resence of the litigants. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (95) Administration of Oath to Expert Witnesses +If the expert witness's name is not recorded in the Roll, he shall take the oath before the +Prosecutor to perform the duties of his mission with trust and honesty. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (96) Expert Witness's Report +The expert witness shall submit his report in writing at the time scheduled by the Prosecutor. In case he fails to submit his report on time or if the investigation so requires, the Prosecutor +may replace the expert wit ness with another one. + +Section 6 QUESTIONING AND CONFRONTATION + " +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (97) Questioning the Accused +The Prosecutor shall, when the Accused is present for investigation for the first time, write +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 36 + down all the information relating to his personal identity, shall inform the Accused of the +charge imputed to him and shall record in the investigation report all answers made by the +accused to the questions posed to him. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (98) Presence of the Accused's Attorney During Investigation +Procedures +The attorne y of the Accused shall be permitted to both attend the investigation with the +Accused and review the investigation papers, unless otherwise decided by the Prosecutor for the interest of the investigation. + +Section 7 NOTICE TO APPEAR, ARREST WARRANT AND TRAVEL BAN + " +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (99) Content of the Notice to Appear, Arrest Warrant and Travel Ban +1. The Prosecutor may, according to the circumstances, issue a notice to appear or an Arrest +Warrant in respect of the Accused, or may order that the latter be banned from travel. +2. Each of these warrants shall contain the Accused's name, surname, profession, national-ity, place of residence, the charge imputed to him, date of the writ, place and t ime of ap- +pearance, name of the Prosecutor and his signature and official seal. In addition, the Ar-rest Warrant shall include instructions to public authority officers to arrest the Accused and bring him before the Prosecutor in case the Accused refuses to willfully and instantly +appear. The travel ban order shall be circulated to all ports of the State. +3. The said warrants shall be served upon the Accused by members of the public authority. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (100) Arrest Warrant +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 37 + If the Accused fails to appear afte r being served a notice to appear without an acceptable +excuse, is likely to escape, or has no known place of residence, or if he was caught in +flagrante delicto , the Prosecutor may issue an Arrest Warrant against the Accused, even if the +incident in quest ion is an incident regarding which the accused may not be held in custody. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (101) Enforcement of Arrest Warrants +Warrants issued by the Prosecutor shall be enforceable across all parts of the State, and the +Arrest Warrants shall not be enforced af ter the lapse of six months following the date of +their issue unless extended by the Prosecutor for another period. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (102) Questioning the Person Arrested +The Prosecutor shall immediately question the arrested person; failing which, the arrested person shall be detained in one of the places designated for detention until he is questioned. +The period of such custody shall not exceed [24] twenty -four hours after which the person +in charge of the Detention Center shall send the detained person to the Public Prosecution, +which, in turn, shall either immediately question him or order his release. + +Section 8 ORDER TO HOLD IN CUSTODY + " +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (103) Holding in Custody +Subject to the provisions of the Law concerning Juvenile Delinquents and Vagrants, the +Prosecutor may, after questioning the Accused, order that the Accused be held in custody if +there is sufficient evidence in respect of the underlying felony or misdemeanor and the same +is punishable by other than a fine penalty. + +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 38 + " +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (104) Data of the Order to Hold in Custody +In addition to the information stated in Article [99.2] of this law, the order to hold in custody +shall contain instructions to the person in charge of the Detention Center to admit the +accused and keep him in custody. The order shall further indicate the Article of law +applicable to the incident. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (105) Controls for Keeping the Accused at Detention Centers +1. When the Accused is kept at the Detention Center, a copy of the detention order shall be +handed over t o the person in charge of such a place, and the latter shall send a notice of +acknowledgement receipt of the accused to the Public Prosecution. +2. The person in charge of the Detention Center may only allow any member of the public +authority to have any co ntact with the prisoner held in custody based on a written per- +mission from the Public Prosecution. In which case, he shall write down, in the record designated for the purpose, the name of the person permitted to have contact with the prisoner held in cust ody, the time of the visit and the date and contents of the permis- +sion. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (106) Person's Held in Custody Contact with Third Parties +When the investigation procedures so require, the Prosecutor shall issue an Order Re No +Communication, without prejudice to the right of the Accused to have contact with his +attorney in private at all times. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (107) Extension of Detention Order +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 39 + 1. The detention order issued by the Public Prosecution shall be made after the Accused is +questioned and shall be valid for a period of [7] seven days renewable for another peri-od not exceeding [14] fourteen days. +2. Whenever the interest of investigation requires keeping the Accused in custody after the +lapse of the periods described in Clause [1] of this Article, the Pu blic Prosecution shall +submit the case file to a judge of the competent criminal court who may, after reviewing +the case papers and hearing the Accused's statements, order that the detention period be extended for another renewable period not exceeding [30 ] thirty days, or that the Ac- +cused be released with or without bail. +3. The Accused may submit a grievance to the chief justice of the court against the order issued in his absence extending the detention period, within [3] three days of the date of +being notified, or becoming aware, of such order. + +Article (107) Extension of Detention Order +1. The detention order issued by the Public Prosecution shall be made after the Accused is +questioned and shall remain valid for a period of (7) seven days renewable for another period not exceeding (14) fourteen days. +2. Where the interest of investigation requires that the Accused be kept in pret rial deten- +tion after the lapse of the periods described in Clause (1) of this Article, the Public Pros- +ecution shall submit the case file to a judge of the competent criminal court who shall, after reviewing the case file and hearing the Accused's statement s, order that either the +detention period be extended for another renewable period not exceeding (30) thirty +days, or the Accused be released with or without bail. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 40 + 3. The Accused may submit a grievance to the chief justice of the court against the order +issued in their absence and whereby the detention period is extended, within (3) three +days from the date of being notified or becoming aware of such an order. + +Section 9 PROVISIONAL RELEASE + " +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (108) Provisional Release of Persons Held in Custody +1. The person held in custody for a crime punishable by the death penalty or a life sentence +may only be released based on the approval of the Attorney General or his deputy. +2. The Public Prosecution may order the provisional release of the person held in cust ody +or revoke the order of placing the Accused under electronic monitoring, for a felony or a +misdemeanor, at any time, whether sua sponte or upon motion of the Accused, unless +the accused has been sent to the competent court for trial, as, in which case, his release +shall fall within the jurisdiction of the said court. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (109) Release on Bail +1. In the instances other than those where the provisional release is mandatory, the Ac- +cused may be released on a personal guarantee or on a bail bond or with a travel ban, and the Public Prosecution or the judge, as the case may be, shall determine the amount of bail. Moreover, the a mount of bail shall be allocated as an adequate penalty in case +the Accused fails to appear in any of the procedures of investigation or trial, and to en-sure that the Accused both does not evade the enforcement of the judgment and per- +forms all the other du ties prescribed by law. +2. If the Accused fails to provide a personal guarantee or a bail bond, the Prosecutor may +change, replace or overturn the bail condition, order that the Accused be held in custody +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 41 + or continues to be kept in custody if already in custody, as of the issuance date of the +order of release on bail. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (110) Payment of Bail +The amount of bail shall be paid by the Accused or any third party, through depositing the +specified amount with the court treasury. The bail may also take the form of an undertaking +made by a solvent person to pay the amount of bail in case the Accused fails to fulfill the +release conditions. Such an undertaking shall be recorded in the investigation report or in a +report to be kept in the case file, and either of such reports shall have the force of a Writ of +Execution. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (111) Disposition of the Bail +1. If the Accused fails, without an acceptab le excuse, to fulfill any of the obligations im- +posed on him under Article [109] hereof, the bail bond shall become the property of the +government with no need for a court judgment to that effect. +2. The amount of bail shall be refunded in full if either a non -suit order is issued on the +criminal action or the Accused is found innocent. +3. The court may, in all instances, decide that the amount of bail or any portion thereof be refunded, or that the bail bondsman be relieved of his undertaking. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (112) Post -Release Arrest Warrant +1. The order of releasing the Accused shall not prevent the Prosecutor from issuing a new +Arrest Warrant against the same Accused whenever the evidence against him become +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 42 + stronger, if the Accused fails to fulfill the duties i mposed on him, or if there are circum- +stances that require such a measure. +2. If the release is ordered by the court, the new arrest warrant against the Accused shall be +issued by the same court upon motion of the Public Prosecution. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (113) Court Having Jurisdiction to Decide on Motions for Release, +Detention or Provisional Electronic Monitoring +1. If the Accused is taken to court, the decision to release him, if he is detained, to detain +him, if he is released, or placing him temporarily un der electronic monitoring if he is de- +tained or released, or overturning any such a decision, shall fall with the jurisdiction of +the court to which he is taken. +2. In case of a judgment announcing lack of jurisdiction of the court, the court that renders +such a judgment shall have jurisdiction to decide on the motion for release, detention or +provisional electronic monitoring or the cancellation thereof, until the case is brought +before the competent court. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (114) Inadmissibility of Motion for the Accused's Detention filed by +the Victim or Plaintiff +The motion for detention of the Accused submitted by the victim or the Plaintiff shall not be +admitted, and the statements of the same shall not be heard in respect of the discussions +relating to the release of the Accused. + +Chapter 10 Seizure of Property and Prevention of Disposition +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 43 + " +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (115) Precautionary Measures on Suspicious Property +1. The Public Prosecution and the competent court, as the case may be and whenever nec- +essary, may order the assessment, tracking or valuation of suspicious property or the equivalent value thereof, and that any precautionary measures be taken in respect there of, including managing or preventing disposition of the same, if such property has +resulted from, or is associated with, a crime, or to prevent evasion of seizure or confisca- +tion orders issued against the same, without prior notice to its owner or possesso r, +without prejudice to the rights of bona fide third parties. +2. The Public Prosecution and the competent court, as the case may be, entrust any person +with managing the suspicious property or its equivalent value where any precautionary +measure is taken with regard thereto, if necessary. The proceeds of selling the same shall +be devolved to the government in the event that a final judgment of conviction is ren-dered. Such property shall remain subject, within their value, to any rights legally estab- +lished in favor of any bona fide third party. +3. The Public Prosecution and the competent court, as the case may be and whenever nec- +essary, may order that the Accused, the person owning, possessing or assuming man-agement of the suspicious property, or any third p arty deemed appropriate, be entrusted +with managing the suspicious property or its equivalent value where any precautionary measure is taken with regard thereto. In the instances where a third party is entrusted with the management of the same, a management fee shall be determined Public Pros-ecution or the competent court and shall be paid to such a third party by the public +treasury. +4. The Minister of Justice or the head of the local judicial body may issue a decision regu- +lating the management of property seized and relevant expenses. + +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 44 + " +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (116) Grievance Against Precautionary Measures +1. Any interested party may file a grievance against the Public Prosecution's order referred +to in Article [115.1] hereof with the competent court within the territoria l jurisdiction of +which the Public Prosecution issuing the order is located or the court having the jurisdic- +tion to hear the criminal action. +2. The grievance shall be based on a petition to be submitted to the competent court, and +the chief justice of the court shall schedule a hearing for such grievance and shall keep +the grievant informed of the same. In addition, the Public Prosecution shall submit a memorandum of opinion on the grievance, and the court shall decide thereon not later +than [14] fourteen business days following its filing date. +3. The decision on the grievance shall be unchallengeable. If the grievance is dismissed, a +new grievance may only be filed after three [3] months following the date of dismissal of the previous grievance, unless a serious reason arises before the expiration of such a pe- +riod. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (117) Termination of Precautionary Measures +In all instances, the precautionary measures referred to in Article [115.1] hereof shall be +terminated where a non- suit judgment is rendered, if a final judgment of acquittal is +rendered thereon, or when the amounts awarded by the court are settled. + +Chapter 2 Disposal of the Charge and of the C ase + " +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (118) Dismissal of The Case With Prejudice +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 45 + 1. Following the investigation conducted by the Public Prosecution, the latter may dismiss +the case with prejudice and order that the Accused be released, unless he is detained for any other reason. +2. The decision to dismiss the case with prejudice in felonies may only be issued by an Ad- +vocate General or his designee, and shall only become effective after being approved by +the Attorney General or his deputy. +3. The decision to dismiss the case with prejudice shall include the name and surname, age, +place of birth, place of residence, profession, nationality of the Accused, as well as details +of the charge imputed to him and its legal characterization and the grounds upon which +the decision is based. +4. The decision shall be served upon both the victim and the Plaintiff, and if either of them +has passed away, the same shall be served upon his heirs as a group without mentioning +their names, at the last domicile of the decedent. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (119) Dismissal of The Case Without Prejudice +Where the Public Prosecution is convinced, in respect of the misdemeanors and petty +offences, in light of the evidence collected that the case is all set to be instituted, it shall +summon the Accused to appear immediately before the competent criminal cour t. If, on the +contrary, it is convinced that there is no legal ground to proceed with the case, it shall dismiss the case without prejudice. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (120) Revoking the Decision to Dismiss the Case with Prejudice +For misdemeanor cases, the Attorney General may revoke the decision referred to in Article +[118] hereof within [3] three months following its issuance date, unless the same had been +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 46 + appealed and the appeal was dismissed. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (121) Taking The Case to The Misdemeanor Court +Where the Public Pro secution is convinced that the wrongful act constitutes a misdemeanor +or a petty offence and there is sufficient evidence against the Accused, it shall transfer the +case to the competent misdemeanor court. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (122) Taking The Case to The Criminal Co urt +Where the Chief Prosecutor or his deputy is convinced that the wrongful act constitutes a +felony and that the evidence against the Accused is sufficient, he shall take the case to the +criminal court. If there is any doubt as to whether the wrongful act constitutes a felony or a +misdemeanor, the Accused shall be transferred to the criminal court under the charge of a +felony. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (123) Judgment of Lack of Jurisdiction +If a final judgment of no jurisdiction has already been rendered by the misdemeano r court +on the grounds that the underlying act constitutes a felony, the Public Prosecution shall transfer the case to the criminal court. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (124) The Decision to Take The Case to Court +1. The decision of taking the case to the court shall include the name, surname, age, place +of birth, place of residence and nationality of the Accused, in addition to details of the +crime he is charged with along with all its elements, the extenuating or aggravating cir- +cumstances and the applicable ar ticles of the law. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 47 + 2. The Public Prosecution shall serve such decision upon the parties within [3] three days +following its issuance, with the exception of the one -day crimes which are to be deter- +mined by a decision of the Attorney General. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (125) Transferring all the Crimes to Court by a Single Transfer Order +1. Where the investigation covers several interrelated crimes falling within the jurisdiction of courts of the same instance, all of which shall be transferred by a single order to the +court having the territorial jurisdiction over any of such crimes. +2. In the event that the crimes fall within the jurisdiction of courts of different instances, +they all shall be transferred to the court of the higher instance. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (126) Release of the Ac cused Held in Custody +The Accused held in custody shall be released if the order transferring him to the competent +court does not include that he remains in custody. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (127) List of Witnesses +1. When the Public Prosecution transfers the case to the criminal court, it shall instruct the +Accused, the Plaintiff and the party liable for the same to immediately submit a list of the +witnesses required to give testimony before the court, containing their names and places +of residence. +2. The Public Prosecution shall make a list of its own witnesses and of those mentioned in the Clause [1] of this Article. +3. Such a list shall be served upon both the Accused and the witnesses mentioned therein. + +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 48 + " +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (128) Service of Witnesses not inclu ded in the List +Each litigant shall, through a process server at its own expense, summon his witnesses +whose names are not included in the list prepared by the Public Prosecution. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (129) Taking the Case to the Competent Court +As soon as the investigation is completed, the Public Prosecution shall take the case to the competent court. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (130) The Decision to Take the Accused Who is Not Present to the +Criminal Court +If an order is issued to transfer an absent person accus ed of a felony to the criminal court +then he shows up or is arrested, the case shall be heard ab initio before the court, in his +presence. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (131) Supplemental Investigation +If, after an order of transfer is issued, an incident occurs and necessitates a supplemental investigation, the Public Prosecution shall conduct the same and then submit the report to +the court. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (132) Finding New Evidence +1. The non -suit order issued by the Public Prosecution shall prevent the re -initiation of in- +vestig ation unless new evidence comes to light. +2. Witness statements, reports and other papers or electronic evidence that were not ini- +tially submitted to the Public Prosecution and which would reinforce the existing evi- +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 49 + dence considered insufficient or add more clarification that may lead to revealing the +truth, shall all be classified as new evidence. + +Part 3 APPEALING THE ORDERS AND DECISIONS ISSUED DURING +INVESTIGATION STAGE + " +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (133) Appealing the Decision on Release or Custody Extension +1. The Public Prosecution may appeal the decision rendered by the judge on the provision- +al release of the Accused held in custody, and the release decision may only be executed +after the expiration of the timeline of appeal. +2. The Accused may appeal the deci sion issued by the judge on extending his custody dur- +ing the appeal time limit. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (134) Appealing the Dismissal with Prejudice Order +The victim and the Plaintiff may each appeal the dismissal with prejudice decision issued by +the Public Prosecution on the grounds that the charge is not proven, that the act is not +punishable by law or that the evidence against the Accused is not sufficie nt. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (135) Appeal Procedures +1. The appeal mentioned in Articles [133] and [134] hereof shall be filed under a statement +to be deposited with the criminal court's clerk office, and the timeline of appeal shall be +[24] twenty -four hours in the case s provided for in Article [133] and [10] ten days in the +cases provided for in Article [134] hereof. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 50 + 2. The timeline of appeal shall commence as of the date of issuance of the decision with +regard to the Public Prosecution and as of the date of service of the order with regard to the other litigants. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (136) Appeal Hearing +The date of the hearings shall be fixed for the appellant in the statement of appeal, and such +a date shall fall within [3] three days. The Public Prosecution shall summon the res t of the +litigants to be present at the scheduled hearing. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (137) Powers of the Court of Appeal +The Court of Appeal shall examine the appeals against the orders and decisions referred to in this Part in chambers , and may also, whenever necessary, examine the same beyond the +days scheduled for holding these hearings or outside the seat of the court. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (138) Decisions of Court of Appeal on The Dismissal with Prejudice +Order +1. The Court of A ppeal shall issue its decisions on the appeal against the dismissal with +prejudice orders after perusing the papers and hearing the clarifications deemed neces- +sary from the parties. It may also perform everything required for reaching a decision on +the pen ding appeal, including complementary investigations or may, for this purpose, +delegate one of its members or the Public Prosecution. +2. When deciding to overturn the dismissal with prejudice order, the Court of Appeal shall +remand the case to the Public Pr osecution under a reasoned decision indicating the of- +fence and its elements and the provisions of the governing law, in order to transfer the +same to the competent criminal court. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 51 + 3. Under any circumstances, the decisions of the Court of Appeal shall be unchallengeable. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (139) Decisions of the Court of Appeal on Appeals against Release or +Extending Custody Decision +1. The Court of Appeal may, upon hearing the appeal filed against the order issued for the +release of the Accused held in custody, order an extension of his custody. If the appeal is not decided on within [3] three days following the date of its filing, the release order is- +sued shall be executed immediately. +2. The C ourt of Appeal may, when hearing the appeal filed against the order issued to ex- +tend the custody period of the Accused, order the release of the Accused with or without bail. +3. Decisions issued by the Court of Appeal in this regard shall be unchallengeable. + +Book 3 COURTS +Part 1 Jurisdiction +Chapter 1 Jurisdiction on C riminal Matters + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (140) Court of First Instance +1. With the exception of offences falling within t he jurisdiction of the Federal Supreme +Court, the Court of First Instance composed of three judges shall have jurisdiction to hear +and adjudicate on the felonies punishable by Qisas [retaliation in kind], death penalty or +life imprisonment, transferred the reto by the Public Prosecution, and shall hereinafter be +referred to as the Major Criminal Court. The court composed of one judge shall have ju- +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 52 + risdiction to hear and adjudicate on other offences punishable by a determinate prison +sentence, and shall hereinafter be referred to as the Minor Criminal Court. +2. The court composed of one judge shall have jurisdiction to hear and adjudicate all cases +of misdemeanors and petty offences, and shall hereinafter be referred to as the Misde- +meanor Court. +3. Notwithstand ing the provisions of this Law, the chairman of the Federal Judicial Council +and the heads of local judicial bodies, as the case may be and in accordance with the +laws regulating their work, may set up the rules that regulate the work and determine +the com petences of the one- day court of the misdemeanor court, as well as the mecha- +nism of serving the litigants, the order of the hearings thereof and other procedures of +such a court. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (141) Misdemeanor Court Lacks Jurisdiction to Hear Felonies +Where the Misdemeanor Court is convinced that the underlying act constitutes a felony, it +shall decide that it lacks the jurisdiction and shall send the papers back to the Public +Prosecution to take the appropriate legal measures. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (142) Criminal Court Lacks Jurisdiction to Hear Misdemeanors +1. Where the Major Criminal Court is convinced that the underlying act, as described in the +transfer decision and before being examined at a hearing, constitutes a misdemeanor or a felony punishable by a determ inate prison sentence, it shall decide that its lacks the ju- +risdiction and shall transfer the case to the competent court. +2. If the Minor Criminal Court is convinced that the underlying act constitutes a felony punishable by the death penalty or life impr isonment, it shall decide that it lacks the ju- +risdiction and shall transfer the case to the Major Criminal Court. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 53 + 3. If the Minor Criminal Court is convinced that the underlying act, as described in the deci- +sion of transfer to criminal trial and before being examined at a hearing, constitutes a +misdemeanor, it shall decide that it lacks the jurisdiction and shall transfer the case to +the misdemeanor court. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (143) Territorial Jurisdiction +Jurisdiction shall be determined based on the place wherein t he crime is committed, unless +otherwise provided for in the law. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (144) Determination of Crime Scene +In case of an attempted crime, the crime shall be deemed to have been perpetrated at each +place wherein any of the acts of commencement of perpetr ation has occurred. For +continuous criminal offenses, the place of the crime shall be deemed each place wherein a state of continuity occurs. In case of recidivism and successive criminal offenses, the place of +the crime shall be each place wherein any of the acts involved in the crime is perpetrated. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (145) Overseas Perpetration of Crime Governed by the National Law +Where any crime is perpetrated abroad and is governed by the provisions of the national +law, the perpetrator shall be prosecuted befo re the federal criminal courts in the capital city +of the Federation. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (146) Jurisdiction on Interrelated Crimes +If one or more accused persons are brought before two courts in respect of a single crime or +interrelated criminal offenses covered by a single investigation, where both courts have the +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 54 + jurisdiction, the case shall be transferred to the court to which the same was first submitted. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (147) Lack of Jurisdiction Judgment +Where, at any stage of litigation, the court is convinced that it lacks jurisdiction to hear the +case, it shall decide lack of jurisdiction, even without any motion by the parties involved. + +Chapter 2 Criminal Courts' Jurisdiction over Civil Action and S uspension of +Criminal Action + " +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (148) Institution of Civil action Before Criminal Courts +The civil action, regardless of the value thereof, may be instituted for claiming compensation +against damage resulting from the crime, before the criminal court in order to be heard in +conjunction with t he criminal action, subject to payment of the prescribed legal fees. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (149) Jurisdiction of Criminal Court +Unless otherwise provided for in law, the criminal court shall have the jurisdiction to +adjudicate on all matter upon which the decision on the legal proceeding pending before it +relies. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (150) Stay of Criminal action Pending Adjudication on Another +Criminal action +In the event that adjudication on a criminal action depends on the result of another criminal action, the former shall be stayed until the latter is adjudicated on. + +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 55 + " +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (151) Stay of Criminal action Pending Adjudication on Personal +Status Matter +In the event that the adjudication of a criminal action depends on the decision on a personal +status matter, the criminal court may order a stay of the criminal action and set a time limit +for the Defendant, the Plaintiff, or the victim - as the case may be - to submit the mentioned +matter to the competent authority; however, the stay of the proceeding shall not prevent the +nece ssary or urgent measures or investigations. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (152) Resumption of the Criminal action +If the time limit prescribed under Article [151] of this Law expires and the legal proceeding +has not been filed with the competent authority, the court may disre gard the stay of the +criminal action and adjudicate on the same. It may also set another time limit for the party concerned, if there are reasonable grounds. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (153) Evidence Procedures on Non -Criminal Matters +The criminal courts shall, in respect of the non -criminal matters to be decided thereon in +conjunction with the criminal action, apply the means of evidence prescribed by the law governing such matters. + +Chapter 3 Conflict of J urisdiction + " +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (154) Designation of the Competent Court by the Federal Supreme +Court +Where two final judgments establishing or denying jurisdiction are rendered on the same +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 56 + matter, the application to designate the competent court shall be submitted to the Federal +Supreme Court according to the following two articles. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (155) Motion for Designating the Competent Court +1. The Public Prosecution and the parties to the case may each request that the competent +court be designated, based on a motion accompanied by the support ing documents. +2. The court to which the motion is submitted shall, within [24] twenty -four hours follow- +ing its submission, order that the papers be filed with the Case Management Office. +3. The Case Management Office shall notify the other parties of such filing within [3] three +days following its occurrence, in order for each of them to review the papers filed and to +submit a statement of defense thereon within [10] ten days following their the date of +being notified of such filing. +4. The filing order shall give rise to a stay of the case for which the application is submitted, unless otherwise decided by the court. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (156) Jurisdiction of the Court to Which the Motion for Designation +is Submitted +After review of the papers, the court, to which the motion is submitted, shall designate the +competent court, and shall decide on the measures and judgments that may have been +rendered by the other court whose jurisdiction has been denied. + +Part 2 TRIAL PROCEDURES + +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 57 + Chapter 1 General Provisions +Section 1 Service of Process upon Litigants + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (157) Appearance of the Accused Before the Court +When the case is transferred to a criminal court, the Public Prosecution shall order the +Accused to appear befor e the competent court named in the transfer decision. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (158) Serving a Notice to Appear upon the Accused is Unnecessary +There shall be no need to serve upon the Accused a notice to appear before the court, if the +latter has already attended the hearing and the charge has been brought against him by the +Public Prosecution, and he accepted the trial. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (159) Notice to Appear Procedures +1. The notice to appear before the court shall be served upon litigants at least one full day +prior to the scheduled hearing date in respect of petty offences, [3] three days in respect +of misdemeanors, and [10] ten days in resp ect of felonies. +2. The notice to appear shall indicate the charge and the law articles that prescribe the +punishment. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (160) Methods of Serving the Notice to Appear +1. The notice to appear before the court shall be served by any of the following methods: +a. Recorded audio or video calls, messages on the mobile phone, smart applications, +e-mail or via any other means of communication; or +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 58 + b. To the Defendant in person wherever he is present at his place of residence or place +of work. If the notice cannot be served due to any reason on the part of the Defendant, or if the latter refuses to receive the notice, the same shall be deemed to +have been served upon the Defendant in person. If the process server does not find +the Defendant required to be serv ed at his place of residence, the notice may be +delivered to any cohabitant, spouse, relative, in -law or servants of the Defendant; +2. The process server shall verify the identity of the person who is informed or who re- +ceives the notice, so that his / her appearance must indicate that he / she has completed +[18] eighteen years of age, and that neither he / she nor the person he / she represents +has an apparent interest that conflicts with the interest of the Defendant; +3. In the event of service by the modern means of communication defined in Clause [1.A] +of this Article, the process server shall ensure that such a mean, whatever it is, belongs to the Defendant. In the event of service via recorded audio or video calls, the process serv- +er shall draw up a rep ort in which the content of the call, the time and date of the call, +and the person who answered the call shall all be recorded. Such a report shall have the +probative force of evidence and shall be attached with the case file. +4. If the Defendant cannot b e served in accordance with Clause [1] of this Article, the notice +shall be delivered to the police station where the last place of residence of the Defendant +is located, and the place where the crime is perpetrated shall be considered as the last +place of residence of the Defendant, unless otherwise is established. + +Section 2 HEARING ORDER AND PROCEDURES + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (161) Personal Appearance or Representation of the Defendant +The Defendant charged with a felony or a misdemeanor, punishable by a penalty other than +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 59 + the fine, shall appear in person. For other misdemeanors and petty offences, the Defendant +may appoint an attorney to defend him, without prejudice to the authority of the court to order his personal presence. +Howeve r, in all circumstances, the attorney, a relative, or an in -law of the Defendant may +appear and furnish an excuse for the Defendant's absence. If the court accepts the excuse, it +shall schedule another date for the Defendant to appear, and the Public Prose cution shall +notify the Defendant of the new date. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (162) Open and Closed- Door Court Hearings +1. The court hearing shall be open; however, the court may, for reasons relating to the pub- +lic order or preservation of public morals, order that the case, in whole or in part, be +heard in cameras, or that particular persons be denied attendance. +2. With regard to the offenses against the honor and other instances prescribed by the law, the hearings shall be held in cameras. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (163) Presence of the Public Prosecution at Criminal Court Hearings +A member of the Public Prosecution shall attend the hearings of the criminal court, and the +latter shall hear him and decide on his claims. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (164) Keeping Order of The Courtroom +1. The order and administration of the court hearing shall be vested in the presiding judge, +who may, to that end, dismiss from the hearing any person jeopardizing the order of the +court, but if such a person does not comply, the court may, with immediate effect, order +his detention for 24 [twenty -four] hours or to penalize him with a fine of not less than +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 60 + AED 1,000 [one thousand UAE Dirhams] and not more than AED 5,000 [five thousand +UAE Dirhams], and the court's judgment in this respect shall be final. +2. The court may, at any time prior to the end of the hearing, revoke its judgment or +decision issued under Clause [1] of this Article. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (165) Appearance of the Defendant Before the Court Without +Handcuffs +1. The Defendant shall appear before the court without handcuffs or restraints, but shall be +duly monitored. +2. The Defendant may only be removed from the hearing when the case is being heard if he commits any act of disturbance that entails this measure. In which case, the proce-dures shall continue until he is allowed to appear again, then the court shall inform him +of the actions taken in his absence. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (166) Investigation Procedures During the Hearing +1. The investigation shall be commenced during the hearing by calling the litigants and the +witnesses. The Defendant shall be questioned about his name, surn ame, profession, +nationality, place of residence and place of birth, after which the charge imputed to him shall be announced. Next, the Public Prosecution and the Plaintiff, if any, shall submit +their claims. Thereafter, the Defendant shall be asked how h e pleads; if he pleads guilty, +the court may decide that it is satisfied with his admission and then render a judgment +against him without hearing the testimony of witnesses. Otherwise, the court shall hear +the testimony of the prosecution witnesses, unles s the crime is punishable by the death +penalty, in such case, the court shall complete the investigation procedures. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 61 + 2. Such witnesses shall first be examined by the Public Prosecution, and then by the victim, +if present, the Plaintiff as concerns the latt er's claim, then cross -examined by the +Defendant, and finally by the Defendant liable for civil damages. The Public Prosecution, +the victim, and the Plaintiff shall, respectively, may examine for a second time the +witnesses in order to seek clarification o f the facts to which they testified, while the court +shall hear the testimony of each witness in private. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (167) Hearing the Testimony of Defense Witnesses +1. After hearing the testimony of the prosecution witnesses, the court shall hear the testi- +mony of defense witnesses who shall first be examined by the Defendant, and then by the Defendant liable for civil damages, then cross -examined by the Public Prosecution, +and finally by the Plaintiff. The Defendant and the Defendant liable for civil damage s +shall each have the right to re -examine the witnesses to seek clarification of the facts to +which they testified in their answers to the questions addressed to them. +2. Each litigant may request that the testimony of the above -mentioned witnesses be hear d +again in order to seek clarification or verification of the facts to which they testified, or +request that the testimony of other witnesses be heard for this purpose. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (168) Testimony- Giving Procedures +The witnesses shall be called by name, one by one, to give testimony before the court. The +witnesses whose testimony is heard shall remain inside the courtroom until the pleadings +are closed, unless the court permits them to leave. Where necessary, a witness may be asked +to leave the courtroom while the testimony of another witness is being heard, and the +witnesses may be confronted with each other. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 62 + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (169) Examination of Witness +1. The court may, at any stage of the proceeding, pose to the witnesses any question it +deems neces sary to reveal the truth and may permit the litigants to do the same. +2. The court shall prevent any questions posed to the witnesses if they are irrelevant to the case or unacceptable. +3. Moreover, the court shall protect the witness from any explicit or implicit statements, as well as any sign that may confuse their thoughts or frighten them. +4. The court may decide against hearing the testimony of witnesses on facts that are deemed clear enough. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (170) Hearing the Statements of Litigants +1. Afte r hearing the testimonies of both the prosecution witnesses and the defense wit- +nesses, the Public Prosecution, the Defendant and all other litigants involved in the case +may give their statements. In all instances, the Defendant shall be the last to speak. +2. The court may prevent the Defendant, the remaining litigants and their attorneys from +continuing to speak in case they speak beyond the subject of the case or repeat their +former statements. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (171 ) Appearance of the Absent Defendant +In the event that the absent Defendant appears before the conclusion of the hearing in +which the judgment is rendered, the case shall be re -heard in his presence. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (172 ) Trial Transcript +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 63 + 1. A transcript shall be drawn up and all events taking plac e during the trial hearing shall be +recorded, and each page thereof shall be signed by both the presiding judge and the +clerk of the court. +2. This transcript shall include the date of the hearing, description of whether it is an open +or closed -door hearing, the names of judges, the member of the Public Prosecution who +attended the hearing, the clerk, the litigants and their attorneys, the statem ents of both +witnesses and litigants. Furthermore, a reference shall be made in the transcript to the +papers read out and all actions taken, while the claims submitted during the hearing of the case, the decisions made on the subsidiary matters, the operat ive part of judgments +rendered and all other things that take place during the hearing shall be recorded there- +in. + +Section 3 WITNESSES AND OTHER EVIDENCE + " +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (173 ) Subpoena +1. The witnesses shall be subpoenaed upon the request of the litigants in acc ordance with +this Law, at least twenty -four hours prior to the hearing date. The witness may attend the +hearing without notice upon motion of the litigants. +2. The court may, in the course of hearing the case, subpoena and hear the statement of +any person, even based on an Arrest Warrant, whenever necessary. It may also subpoena +him / her to appear at another hearing. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (174 ) Failure of the Witness to Appear +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 64 + 1. If the witness fails to appear before the court after being subpoenaed, he may, after +hearing the Public Prosecution's statement, be condemned to a fine of not less than [AED +1,000] one thousand dirhams and not exceeding [AED 5000] five thousand dirhams. +2. If the court is convinced that his testimony is important, it may adjourn the case for the +witness to be subpoenaed, and may issue an Arrest Warrant against him. +3. If the witness appears, after being re -subpoenaed or based on his own initiation, or fur- +nishes an acceptable excuse, he may be relieved of the fine, after hearing the Public +Prosecution's statements. +4. If the witness fails to appear after being subpoenaed for the second time, he may be condemned to a fine that does not exceed twice the maximum fine prescribed in Clause +[1] of this Article. The court may issue an Arrest Warrant ag ainst him to be brought at the +same hearing or at another hearing to which the case is adjourned. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (175 ) Witness's Failure to Appear until the Judgment Is Rendered +In the event that the witness fails to appear before the court until a judgment is rendered on +the case, he may file a grievance against the judgment condemning him to a fine with the +court that rendered the judgment. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (176 ) Witness is Unable to Appear +1. If the witness informs the court that he is unable to appear before the court for a valid +excuse such as his illness or any other excuse preventing him from appearing to give tes-timony, the court may move to his place and hear his testi mony after informing the Pub- +lic Prosecution and the other litigants of the same. The litigants may attend in person or +through their attorneys and address to the witness the questions they deem necessary. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 65 + 2. In the event that the court becomes convinced, after moving to the witness's wherea- +bouts, that the excuse was fake, it may either order his detention for a period not ex- +ceeding [3] three months or impose a fine not exceeding of [AED 20,000] twenty thou- +sand dirhams against him. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (177) Verification of Witness Identity and the Procedures for Hearing +Him Before the Court +1. The court shall instruct each witness to mention his name, surname, age, profession, na- +tionality, place of residence, and his connection to the Defendant, the victim and the +Plaint iff, and shall verify his identity. +2. A witness, who has completed [15] fifteen years of age, shall take an oath before giving +the testimony to testify the truth, the whole truth and nothing but the truth. It is permis-sible to hear the testimony of those who have not reached the aforementioned age as +supporting evidence, without taking the oath. +3. The aforementioned details, the testimony of witnesses, and the procedures for hearing +them shall all be recorded in the transcript without modification, deletion, erasure, alter- +ation or addition. None of the same may be approved unless the presiding judge of the +court, the clerk and the witness so confirm. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (178 ) Failure to Hear the Witness +Where it is not possible to hear the testimony of a witness for whatever reason, the court +may decide that the testimony given by him during the preliminary investigation or in the +evidence- gathering report or after taking oath according to Article [41] of this Law be read +out. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 66 + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (179 ) Witness's Failure to Remember Certain Facts +Where the witness states that he no longer remembers any of the facts, or if the testimony of +the witness given during the hearing conflicts with his former testimony or statements, the +part relating to this fact may be read out from his statement given during the investigation or +his statements in the evidence -gathering reports. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (180 ) The Order to Furnish Evidence +The court may, even if sua sponte , during the hearing of the case, order that any evidence +deemed necessary to rev eal the truth be furnished. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (181 ) Appointment of Expert Witnesses +1. The court may, either sua sponte or upon motion of the litigants, engage one or more +expert witnesses in the case, and, if necessary, a committee of experts whose number +shall be odd. +2. The court may, sua sponte, order that the expert witnesses be subpoen aed to be ques- +tioned about the content of the reports submitted by them during the preliminary inves-tigation or before the court; and it shall issue such order if so requested by the litigants. +3. If it is not possible to verify a proof before the court, it may move to its whereabouts for +verification. + +Section 4 SUBSIDIARY FORGERY CASE + +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 67 + " +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (182 ) Challenging Case Papers on Forgery Grounds +1. The Public Prosecution and all litigants may, at any st age of the case, challenge on for- +gery grounds any paper submitted in the case. +2. The forgery allegation shall be made under a statement to be kept in the transcript of the +hearing, and the same shall indicate where the forgery occurred and relevant proofs . + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (183 ) Authority to Adjudicate on Forgery Allegation +1. Where the court that hears the case is convinced that the decision to be made thereon is +dependent on the paper alleged to be forged, and there is a good reason to proceed with the verification of the forgery evidence, it shall send the papers to the Public Prosecution and stay the proceeding until a decision is made on the forgery allegation by the compe- +tent authority. It may also, if the decision to be made on the forgery allegation falls with- +in its jurisdiction, investigate the forgery allegation by itself and decide on the authentic-ity of this paper. +2. The court may condemn the party alleging forgery to a fine not exceeding [5,000] five thousand dirhams in the event that a judgment or a decision is rendered denying the +forgery allegation. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (184) Forgery of an Official Document +If an official paper is decided to be forged, in whole or in part, the court that decides such +forgery shall order that such a paper be either cancelled or corrected, as the case may be, and +a report shall be drawn up to that effect. + +Section 5 THE DEFENDANT SUFFERING FROM MENTAL DISABILITY OR +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 68 + PSYCHOLOGICAL DISORDER + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (185 ) Placing the Defendant at a Medical Treatment Facility or +Elsewhere +1. Where there is a necessity that the Defendant's mental or psychological state be exam- +ined, the Chief Prosecutor - during the investigation - or the court hearing the case may +order that the Defendant, if remanded in custody, be placed under observation in a spe-cialized medical treatment facility for successive periods not exceeding [15] fifteen days each and [45] forty five days in total. In the event that the Public Prosecution fails to +complete the investigation procedures with the Defendant and the exten sion of the de- +tention period is required, the Chief Prosecutor shall submit the matter to the competent +court for the latter to decide either extension of the detention for a specified period or +release of the Defendant. +2. In case the Defendant is not rem anded in custody, the Chief Prosecutor or the competent +court may place the Defendant under observation elsewhere. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (186 ) Stay of Proceedings if the Defendant Is Unable to Defend +Himself +1. If it is established that the Defendant is unable to defe nd himself due to insanity, mental +disorder or weakness or a serious psychological disease occurring after the perpetration +of the crime, the proceeding or the trial against him shall be suspended until the relevant +cause ceases to exist. +2. The Defendant shall, in which case, be placed at a medical treatment facility based on an +order of the Public Prosecution or the court that hears the proceeding, as the case may +be. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 69 + 3. The stay of the proceeding shall not prevent the investigation measures deemed urgent +and necessary. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (187 ) Period of the Defendant's Stay at a Medical Treatment Facility +The period spent by the Defendant in the medical treatment facility, under the preceding +two Articles, shall be subtracted from the period of the sentence or of the measures imposed +on him. + +" +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (188) Dismissal With Prejudice Order or Judgment of Acquittal Due +to Insanity +If a dismissal with prejudice order is issued or a judgment of acquittal is rendered in favor of the Defendant on grounds of insanity, ment al disorder or weakness or serious psychological +disease, the Public Prosecution or the court, as the case may be, shall order that the Defendant be placed at a medical treatment facility until his release is decided, after +reviewing the report of the medi cal treatment facility where the Defendant is placed and +hearing the statements of the Public Prosecution, in the instances where the order is not issued thereby, and after verifying that the Defendant has recovered his sound mind or is no longer dangerous . + +Section 6 PROTECTION OF VICTIMS WITH PSYCHOLOGICAL OR MENTAL +DISORDER + " +justice and juiciary,"Federal Decree by Law No. (38) of 2022, Promulgating the Criminal Procedures Law","Article (189 ) Crimes Perpetrated against Victims with Psychological or +Mental Disorder +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 70 + If a crime is committed against a person with a psychological or mental disorder, the +competent court may, either sua sponte or upon motion of the Public Prosecution, issue an +order to place him temporarily at a hospital or medical treatment facility or to hand him over +to his family or a trusted person - as the case may be - until the case is adjudicated on. + +Chapter 2 Special Procedures for Misdemeanor and I nfraction Courts + Article 190 Judgment in Absentia or in Presence +1. In case the party duly summon ed neither appears on the day specified in the notice to +appear, nor is represented by an attorney in the cases permitted by law, the court shall +adjudicate on the case in absentia. +2. In the event that the case is instituted against several persons for th e same act, and any of +them has appeared before the court and others failed to appear, the court shall adjourn the +case to a subsequent hearing in order to re -serve those who failed to appear. The judgment +shall be rendered in the presence of all of them. + +Article (191 ) Judgment Rendered as if in Presence +The judgment shall be deemed in the presence of all litigants who attended the hearing +upon calling the case, even if they leave the courtroom afterwards or fail to appear at the +hearings to which the case is adjourned. + +Article (192 ) Effect of the Judgment Rendered as if in Presence +In the above -mentioned instances where the judgment is considered to be rendered in the +presence of the litigants, the court shall investigate the case brought before it as if the litigant +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 71 + is physically present. + +Chapter 3 Special Procedures for Criminal Courts + Article (193 ) Felonies Tribunal +Each court of first instance shall have one or more tribunals for major criminal offenses +consisting of three judges, and one or more tribunals for minor criminal offenses consisting +of a single judge. + +Article (194 ) Scope of Jurisdiction of Criminal Court +The jurisdiction of the Criminal Court shall include the territorial scope for jurisdiction of the +courts of first instance at the seat of this court, and it may hold its hearings elsewhere within its territorial jurisdiction. + +Article (195 ) Duties of Court -Appointed Attorney +1. The attorney, assigned by the court or appointed by the Defendant, shall defend the lat- +ter at the hearings or delegate someone else to represent him, failing which, he shall be condemned to a fine not exceeding [AED 1,000] one thousand dirhams, without preju- +dice to the disciplinary trial, if applicable. The Judgment of fine shall be final. +2. The court may relieve him of the fine if it is established that he has had an acceptable +excuse that prevented him from attending the hearing in person or delegating someone +else to act on his behalf. + +Article (196 ) Determination of Fees for Court -Appoint ed Attorney +The court shall issue, at the request of the court -appointed attorney, an order determining +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 72 + his professional fees to be borne by the public treasury, as guided by the fees schedule +issued under a resolution of the Minister of Justice or the head of the judicial authority, as the case may be. This order shall be unchallengeable. + +Article (197 ) Setting the Dates for Hearing the Case +1. The chief justice of the competent criminal court shall, when the case file is referred +thereto, order that the Defendant and the witnesses be notified of the day scheduled for +hearing the case, and the Public Prosecution shall subpoena them. +2. In the event that there are serious reasons for adjournment of the case, it shall be ad- +journed to a fixed date. + +Article (198 ) The Power to Arrest or Keep the Defendant on Remand +The criminal court may, in all cases, order that the Defendant be arrested and brought before +it or be remanded in custody and may release the remand prisoner on or without a personal +guarantee or a bail bond. + +Article (199) Failure of the Felony -Charged Defendant to Appear +Where the Defendant charged with a felony fails to appear on the hearing date, after being duly served with the decision to prosecute and a Notice to Appear, the court may either +render a judgment in absentia or adjourn the case and order that the Defendant be served +again. + +Article (200 ) Denying the Defendant's Right to Dispose of his Property +For every judgment of conviction that gives rise to depriving the Defendant of the right to +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 73 + dispose of or manage his own property or to institute any legal proceedings in his own +name, the Public Prosecution, the Defendant or any interested party shall petition the Court of First Instance, within whose jurisdiction the property of the convict is located, to appoint a +Receiver to manage the said property. The court may order the Receiver so appointed to +provide a guarantee, and such Receiver shall be supervised by the court in respect of all +affairs of receivership, and shall submit thereto a statement of account. + +Article (201 ) Service of Process upon the Defendant Residing Abroad +In the event that the Defendant is residing outside the State, t he decision to prosecute and +the subpoena shall both be served upon him at his place of residence, if known, at least one +month prior to the date set for hearing the case. Judgment may be rendered in absentia if the +Defendant fails to appear after being du ly served or where the service could not be +conducted. + +Article (202 ) Reading out the Decision to Prosecute and the Papers at the +Hearing +The decision to prosecute shall be read out at the hearing followed by all the papers proving +that the absent Defenda nt has been duly served, following which, the Public Prosecution +and the other litigants shall submit their statements and requests. Next, the court shall, if necessary, hear the witnesses and then adjudicate on the case. + +Article (203 ) Enforcement of The Judgment in Absentia +As soon as rendered, the judgment in absentia shall be enforced as concerns all enforceable +penalties and measures, and for damages, it may be enforced as of its rendering date. In +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 74 + which case, the Plaintiff shall provide a personal or pecuniary security, unless otherwise is +stated in the judgment. The security shall be refunded two years following the rendering +date of the judgment. + +Article (204 ) Re-Trial of the Convict based on a Judgment in Absentia +In the event that the Defendant convicted in absentia appears before the court or is arrested, the case shall be re -heard before the court. If the previous judgment for damages has been +enforced, the court may order a refund of the amounts collected, in whole or in part. + +Article (205 ) Failure of an Defendant to Appear +The absence of an Defendant shall not delay the decision on the case with regard to the other Defendants. In case the Defendant charged with a misdemeanor that is brought before +the criminal court fails to appear, the proc edures applicable before the Misdemeanor Court +shall apply. + +Part 3 INELIGIBILITY, DISQUALIFICATION AND RECUSAL OF JUDGE + Article (206 ) The Eligibility, Disqualification and Recusal of Judge +The provisions and procedures set forth in the Civil Procedure L aw shall apply to the judge's +eligibility to hear any legal proceeding and his disqualification and recusal, subject to the provisions of Articles [207] and [208] of this Law. + +Article (207 ) Situations Where the Judge Steps Down from a Case +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 75 + 1. The judge s hall be prohibited from getting involved in hearing the case if the offense has +been perpetrated against him in person, or if he has performed the duties of the Judicial +Police Officer, the Public Prosecution or an attorney of any litigant involved therein , or +where the judge has given testimony or performed any expert witness's duties in respect +of the case in question. +2. The judge shall also be prohibited from getting involved in rendering a judgment on an appeal in cassation if the appealed judgment has been rendered by him. + +Article (208 ) Disqualification of Judges +1. The litigants may disqualify the judges from adjudicating on any case in the instances +described in Article [207] of this Law, and based on all disqualification instances de- +scribed in the Civil Procedure Law. +2. Neither the Public Prosecution Members, nor the Judicial Police Officers, may be dis- +qualified. + +Part 4 Judgment +Chapter 1 Rendering of Judgment + +Article (209 ) No Obligation on the Court to Abide by Preliminary +Investigation and Fact -Finding Reports +The court shall be under no obligation to abide by the contents of the preliminary +investigation or fact -finding reports, unless otherwise provided for in the Law. + +Article (210 ) Satisfaction of the Judge +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 76 + The judge shall adjudicate on the case according to his own satisfaction. However, the judge +may not render a judgment based on any evidence that has not been produced to the litigants at the hearings. + +Article (211) Open Hearing of the Judgment +1. The judgment shall be rendered at an open court hearing, even of the case has been +heard camera, and shall be written down in the hearing transcript and signed by both the +presiding judge and the clerk. +2. The Court may order that necessary measures be taken to prevent the Defendant from +leaving the courtroom before the judgment is pronounced, or to ensure his appearance at the hearing of adjudication, even if by rendering a judgment of detention against him , +where the pretrial detention is permissible as regards the underlying offense. + +Article (212 ) Judgment of Acquittal +If the incident in question is not proven, or where the law does not prescribe a penalty for it, +the Court shall decide acquittal of the Defendant, and the latter shall be released if he is kept +in detention only based on such an incident. + +Article (213 ) Judgment of Conviction +If the incident in question is proven and constitutes a punishable offense, the Court shall +render the sentence according to the provisions set forth in this Law. + +Article (214 ) Court's Compliance with Case Elements +No judgment may be rendered against the Defendant on grounds of any incident other than +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 77 + the one described in both the decision to prosecute and the notice to appear, nor may a +judgment be rendered against a person other than the Defendant against whom the case is +instituted. + +Article (215 ) Change of Legal Characterization of the Incident +1. The Court may include in its judgment a change of the legal characterization of the inci- +dent imputed to the Defendant, and may change the charge as deemed appropriate in +light of the investigation or pleadings at the hearing. +2. The Court shall keep the Defendant notified o f such change, and shall grant him a time +limit for preparing his defense based on the new description or characterization, if the +same is requested by the Defendant. +3. The Court may also correct any typographical error or omission in the words of indict- +ment as contained in the decision to prosecute or in the notice to appear before the +court. + +Article (216 ) Hearing Transcript and Judgment +The hearing transcript and judgment shall be complementary to each other for establishing +the trial procedures and de tails of the judgment introduction. + +Article (217 ) Content of Judgment and Adjudication on Motions +1. The judgment shall contain the grounds upon which it is based, and every judgment of +conviction shall include details of the wrongful act that entails th e penalty and its cir- +cumstances, and shall refer to the text of the law whereby the judgment is rendered. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 78 + 2. The Court shall decide on the motions submitted thereto by the litigant, and shall indi- +cate the grounds of its decision. +3. Notwithstanding the pro visions of Clauses [1 and 2] of this Article, it may be sufficient +for the judgment rendered on the one -day cases to only include a description of the +charge and its relevant articles of the law, and a summary of judgment grounds, and the +same shall not be deemed a defect or shortcoming in the factual grounds of grounds, +and, as such, shall not invalidate the judgment. + +Article (218 ) Rendering of Judgment by Majority Opinion or Unanimity +The presiding judge shall collect the opinions, starting with the new est judge and so on up to +the most senior judge, and shall then give his opinion. Judgment shall be rendered based on +majority opinion, except for the judgments involving death penalty, which must be rendered +by unanimity. In the absence of such unanimity, the death penalty sentence shall be +replaced with life imprisonment sentence. + +Article (219 ) Compulsory Procedures upon Pronouncing a Judgment +Upon pronouncing the jud gment, the Court shall keep the same in the case file, including its +grounds, and signed by the presiding judge and the judges. + +Chapter 2 Correction of Judgments and D ecisions + Article (220 ) Correction of Material Error +1. If a material error occurs as to a judgment or a decision and does not give rise invalidity +thereof, the court that renders the judgment or decision shall, either sua sponte or mo-tion of any litigant, correct such an error without pleadings. The correction shall be con- +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 79 + ducted on the underlying judgment or decision and shall be signed by the presiding +judge. +2. Such a procedure shall apply to the instances of correcting the name and surname of the Defendant. +3. Improper listing or posting of the judgment or decision on the e -system shall be classi- +fied as a material error. +4. The correction decision may be appealed in cassation if the issuing body thereof exceeds +its legal authority, using the means of appealing in cassation allowable for the judgment +or decision in question. +5. The decision rejecting the correction shall not be independently appealed in cassation. + +Part 5 INVALIDITY + Article (221 ) Invalid Procedure +The procedure shall be deemed invalid if the sam e is explicitly provided for in the law, or if +the procedure involves any defect due to which the purpose of the procedure could not be +achieved. + +Article (222 ) Invocation of Public Order- Related Invalidity +If the invalidity is due to failure to observe t he provisions of the law relating to the formation +of the court, or authority to adjudicate on the case, or its jurisdiction in terms of the type of +crime brought before it, or due to a matter relating to the public order, such invalidity may +be invoked at any stage of the case, and shall be decided by the Court even without motion. + +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 80 + Article (223 ) Invalidity Unrelated to Public Order +Except for the instances where the invalidity is relating to the public order, the invalidity may +only be invoked by the par ty in whose favor the same is established, unless such a party has +caused such invalidity. + +Article (224 ) Judgment of Invalidity +Invalidity shall only be decided by the Court if the purpose of the form or matter required is proven to have occurred. + +Article (225 ) Termination of Invalidity +Invalidity shall cease to exist if explicitly or implicitly waived by the party in whose favor the same is established, except for the instances where the invalidity is relating to the public +order. + +Article (226 ) Correction of the Notice to Appear +If the Defendant attends a court hearing in person or through an attorney, he may not +invoke invalidity of the Notice to Appear, but rather, he may request a time extension for +getting his defense prepared before the cas e is heard, and the court shall grant such a +request. + +Article (227 ) Replacement of Invalid Procedure +The invalid procedure may be replaced with a valid one, even after the invalidity is invoked, provided that the same takes place within the legal timeframe prescribed for performing the +underlying procedure. If no such timeframe is established in the law, the Court shall set an +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 81 + appropriate time limit. In which case, the underlying procedure shall only become effective +as of its replacement date. + +Article (228 ) Effect of Invalid Procedure +The invalid procedure shall not give rise to invalidity of the other procedures preceding it or +those subsequent thereto, unless they have been dependent thereon. + +Part 6 Challenging Judgments +Chapter 1 Opposition + +Article (229 ) Opposition against a Judgment in Absentia +1. The convict and the Defendant liable for civil rights may challenge, by way of opposition, +the judgments rendered in absentia on the misdemeanors and infractions within seven [7] days of the date o f being notified of the judgment. The statement of opposition shall +be filed with the office of criminal clerks of the Public Prosecution located within the ter- +ritorial jurisdiction of the Court that rendered the judgment, and shall indicate the date +of th e hearing scheduled for the opposition proceeding. The filing of a statement of op- +position shall be deemed a service of the judgment in absentia, even if the same is filed +by the attorney. +2. The opposition shall cause the case to be heard ab initio with r egard to the opposing +party before the Court that rendered the judgment in absentia. The opposing party shall +not sustain any harm as a result of his opposition proceeding. If the opposing party fails to attend the first hearing scheduled for hearing his o pposition proceeding, the opposi- +tion proceeding shall be deemed null and void, and any challenge filed by the opposing +party against the judgment rendered in absentia shall not be admitted. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 82 + +Chapter 2 Appeal +Article (230 ) Appealing the First Instance Court's Judgments +1. The Defendant and the Public Prosecution may each appeal against the judgments ren- +dered on the criminal action by the courts of first instance. +2. Appealing a judgment shall not give rise to a stay of its execution, unless otherwise de- +cided by the Court of Appeal according to the conditions it considers appropriate. +3. The judgment imposing death penalty sentence shall be deemed appealed by operation of law and its execution is stayed. + +Article (231 ) Appea ling the Judgment Rendered on Interrelated Offenses +The judgment rendered on inseparably interrelated offenses may be appealed, even if the +appeal is legally permissible for the Appellant only with regard to any particular items of +such offenses. + +Article (232 ) Appealing the Jurisdiction -Related Judgments +1. The judgments rendered before the merits are adjudicated on may only be appealed if +they give rise to a stay of proceedings. +2. Appealing the judgment rendered on the merits shall inevitably result in appealing such +judgments. However, all judgments establishing lack of jurisdiction may be appealed. +3. The judgments establishing jurisdiction may be appealed if the court has no jurisdiction to hear the case in quest ion. + +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 83 + Article (233 ) Appealing the Judgments Rendered on Civil actions +The Plaintiff, the Defendant liable for the same, the insurer and the Defendant may each +appeal against the judgments rendered on the civil action by the court of first instances with +regard to the civil rights only, where the damages claimed are in excess of the jurisdictional +amount on which the judge renders a final judgment, or if there is any invalidity affecting the judgment or a procedural invalidity that affected the judgment. + +Article (234 ) Appeal Procedures +1. The appeal shall be established by filing a statement of appeal with the criminal clerk's +office within fifteen [15] days of the date of pronouncement of the judgment rendered in the presence of the parties, or as of the date of judgment rendered on the opposition +proceeding. +2. If the convict is imprisoned, he may file a statement of appeal to the prisoner's director, and the latter shall, forthwith, submit the same to the criminal clerk's office. +3. If the convict is released on bail, the court of appeal may release him based on an under- +taking or any other security as determined by the Court, until the appeal proceeding is +adjudicated on. +4. The Attorney General may appeal any judgment within thirty [30] days as of the judg- +ment date. + +Article (235 ) Appealing the Judgments Rendered as if in Presence +For the judgment rendered as if in the presence of the litigant, as defined in Articles [190] +and [191] in this Law, their appeal time limit shall commence, with regard to the party in +whose absence they are rendered, as of the date of service. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 84 + +Article (236 ) Scheduling a Hearing for the Appeal +1. The criminal clerk's office shall write down, in the statement of appeal, the date of the +hearing scheduled for hearing the appeal, and the same shall be deemed a service of the hearing date, even if the statement of appeal is filed by the attorney of the Appellant. In +addition, the Public Prosecution shall notify the other litigants involved o f the hearing +date. +2. If the Defendant is imprisoned, the Public Prosecution shall move him at an appropriate +time to the penal institution where the court of appeal is located, and, in which case, the +court of appeal shall adjudicate on the appeal expeditiously. + +Article (237 ) Procedures for Hearing and Adjudication on Appeal +The court shall hear the Appellant's statements and review the grounds of his appeal, and +then the other litigants shall speak. The Defendant shall be the last to speak. Next, the court +shall render its judgment after review of the papers of the case. + +Article (238 ) Lapse of Appeal +The appeal filed by the Defendant on whom a custodial sentence is imposed shall lapse if the Defendant fails to surrender himself for enforcement of the judgment prior to the +scheduled hearing of the appeal. + +Article (239 ) Exam ination of Witnesses +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 85 + 1. The court of appeal shall, by itself, examine the witnesses whose testimony should have +been given before the court of first instance, and shall complete any other shortcoming in the investigation procedures. +2. In all instances, th e court of appeal may order that any investigation be conducted or +that any witness testimony be given as deemed necessary, and any witness may only be +subpoenaed if so ordered by the Court. + +Article (240 ) Setting Aside the Appealed Judgment and Remand of Case to +Public Prosecution +For the appeal filed by the Public Prosecution, the court of appeal shall, if it is convinced that +the act decided on as a misdemeanor constitutes a felony, order that the appealed judgment +be set aside, that the court of first instance be lacking the jurisdiction, and that the case be +remanded to the Public Prosecution for taking the necessary action with regard thereto. + +Article (241 ) Judgment on the Appeal +1. If the appeal is filed by the Public Prosecution, the court may aff irm, set aside or amend- +ed the appealed judgment in favor of or against the Defendant. However, the judgment +of acquittal may only be set aside by unanimity. +2. If the appeal is not filed by the Public Prosecution, the court may only affirm, set aside or +amended the appealed judgment in favor of the Appellant. For the judgments in absentia and the opposition proceedings against them before the court of appeal, the procedures +applicable before the court of first instance shall apply. + +Article (242 ) Setting Aside the First Instance Court's Judgment +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 86 + 1. If the court of first instance rendered a judgment on the merits, and the court of appeal is +convinced that the judgment is based on an invalidity or that a procedural invalidity has +affected the judgment, the court of appeal shall set aside the judgment and adjudicate on +the case. +2. If the court of first instance decides that it is lacking the jurisdiction or grants a subsidiary +claim that gives rise to a stay of proceedings, and the court of appeal set aside the judg-ment and establishes the jurisdiction of the lower court or decides that the subsidiary +claim be dismissed and that the case be heard, the court of appeal shall remand the case to the court of first instance for the latter to adjudicate on the merits. In which case, the +Public Prosecution shall serve such a decision on the absent litigants. + +Article (243 ) Setting Aside the Judgment Awarding Damages +If the Judgment awarding damages is set aside, but such damages have been enforced on a +temporary basis, they shall be refunded based on the new judgment. + +Chapter 3 Cassation + Article (244 ) Cases of Appealing Appellate Judgments in Cassation +The Public Prosecution, the convict liable for civil damages, the Plaintiff, and the insurer may each appeal in cassation the final judgments rendered by the court of appeal on any felony +or misdemeanor in the following instances: +1. If the contested judgment is based on violation, misapplication or misinterpretation +of the law; +2. If the judgment involved an invalidity or where a procedural invalidity has affected the judgment; +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 87 + 3. If the court adjudicates on the civil claim in excess of the relief sought by the +claimant; +4. If the contested judgment is lacking the grounds thereof, or if such grounds are +insufficient or vague; or +5. If two contradictory judgments are rendered on a single incident. +The Petitioner may prove, based on all methods of evidence, that the legal procedures have +been violated or misapplied, if they are not recorded in the hearing transcript or in the +contested judgment. But if they are mentioned in either of them or have been properly +applied, the Petitioner may only prove their violation by way of forgery allegation. + +Article (245 ) Procedures for Filing an Appeal in Cassation +1. The appeal in cassation shall be established by filing a petition that contains the grounds +of such appeal with the Case Management Office of the court to which the appeal is submitted, within thirty [30] days following the date of the judgment. However, if the +judgment is rendered as of in presence of the litigants, the time limit for challenging it on +cassation grounds shall commence as of the date of its service. The appeal in cassation +shall be recorded in the relevant register. +2. If the appeal in cassation is filed by the Public P rosecution, its grounds shall be signed by +an officer with a rank of at least Chief Prosecutor, If the appeal in cassation is filed by a +party other than the Public Prosecution, its grounds shall be signed by an attorney ad- +mitted before the court of cassation. +3. The Case Management Office of the court shall serve upon the Respondent a copy of the +statement of appeal in cassation, not later than eight [8] days of the day of recording the appeal in the relevant register. The Respondent may file with the Case Management Of- +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 88 + fice of the court a statement of response to the appeal within eight [8] days of the date of +being notified of the same. + +Article (246 ) Overturning the Judgment by the Court +1. No grounds may be submitted to the court in respect of the appeal in cassation other +than those mentioned in the statement of appeal filed with the clerk's office of the court +with which the statement is filed. +2. The court may, sua sponte, overturn the judgment in favor of the Defend ant, if it is con- +vinced, in light of the facts established in the papers, that the contested judgment is +based on a legal error relating to the public order, that the contested judgment is based upon violation, misapplication or misinterpretation of the law, or that the court issuing the judgment has not been duly formed according to the law or has had no jurisdiction to adjudicate on the case, or if a new law is enacted in favor of the Defendant after the +contested judgment has been rendered and is applicable to the merits of the case. + +Article (247 ) Payment of Security Deposit +If the appeal in cassation is not filed by the Public Prosecution or by the convict sentenced to +death penalty or a custodial sentence, such appeal may only be admitted after the Pe titioner +pays an amount of AED [1,000] one thousand dirhams to the court treasury as a security deposit. + +Article (248 ) Enclosure of Case File +1. The Case Management Office of the court shall request the enclosure of the file of the +case who se judgment is appealed in cassation, within three [3] days following the date +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 89 + of filing the statement of appeal in cassation, and the Case Management Office of the +court issuing the contested judgment shall send the case file not later than six [6] days following the date of receiving the request. +2. The court shall adjudicate on the appeal in cassation after the deliberations are con-ducted, without pleadings, and after the report drawn up by a member thereof is read +out. It may also hear the statements of the Public Prosecution, the attorneys of the par- +ties or the parties themselves, if deemed necessary. + +Article (249 ) Admission of the Appeal in Cassation +1. If the appeal in cassation is not filed in compliance with the requirements set forth in Ar- +ticle [ 245] of this Law, the court shall dismiss it. +2. If the court admits the appeal in cassation and the merits thereof are worthy of adjudica- +tion, or if the appeal in cassation is filed for the second time, the court shall adjudicate +thereon and may perform t he necessary procedures. For other instances, the court shall +overturn the judgment, in whole or in part, and shall either remand the case to the court +that rendered the judgment for the latter to hear the case through a tribunal comprising different judge s, or remand the case to the trial court for the latter to adjudicate thereon +ab initio. The Court to which the case is remanded shall abide by the court of cassation's +judgment with respect to the points adjudicated by the latter court. +3. The provision o f Clause [1] of this Article shall apply to the judgment overturned pursu- +ant to Article [246.2] of this law. + +Article (250 ) Correction of Erroneous Citation of Law or Law Provisions +If the judgment grounds include an erroneous citation of the law or the p rovisions of the +law, the judgment shall not be overturned as long as the court -ordered penalty is prescribed +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 90 + by the law for the offense in question, and the court shall correct the error made. + +Article (251 ) Overturning a Judgment +Only aspects of the judgment upon which the appeal in cassation is based shall be +overturned, unless the entire aspects of judgment are inseparably interrelated. Unless the +appeal in cassation is filed by the Public Prosecution, the judgment shall only be overturned +with regard to the Petitioner filing the appeal in cassation, unless the aspects on which the +appeal in cassation is based are related to other Defendants. In which case, the judgment +shall be overturned with regard to all Defendants, even if th ey do not appeal the judgment. + +Article (252 ) Pleas in Bar +If the contested judgment was issued due to accepting a plea in bar and such judgment is +overturned by the court of cassation and the case is remanded to the lower court issuing the +judgment for e xamination of the merits of the case, the lower court shall not make any +judgment contrary to the court of cassation's judgment. + +Article (253 ) Appealing a Death Penalty Judgment in Cassation +Without prejudice to the foregoing provisions, the judgment that imposes a death penalty sentence shall be deemed an appeal in cassation and its execution shall be stayed until the +appeal in cassation is adjudicated on. In addition, the clerk's office of the court that rendered +the judgment shall, within three [3] day s of the judgment date, send the case to the Case +Management Office of the court with which the appeal in cassation is filed. The Public +Prosecution shall file with the Case Management Office of the court a statement of opinion +on the judgment within twent y [20] days of the judgment date, and may appoint an +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 91 + attorney admitted before the court of cassation to defend the Defendant if the latter has not +already appointed an attorney. The court shall adjudicate on the appeal in cassation pursuant to the provisio ns of Article [246.2] and Article [249.2] of this Law. + +Article (254 ) Legal Costs and Damages +1. If the court to which the appeal in cassation is submitted decides that the appeal in cas- +sation be denied, dismissed in whole or in part, or be inadmissible, the Petitioner filing the same shall be ordered to pay the legal costs, and the security deposit shall be forfeit- +ed in whole or in part. +2. If the court is convinced that the appeal in cassation is based on malicious grounds, it +may award damages in favor of the Respondent, if the same is claimed by the latter. + +Article (255 ) Prohibition Of Reformatio In Peius +If the judgment is overturned upon motion by any litigant other than the Public Prosecution, +no harm shall be inflicted upon such a litigant based o n the appeal in cassation. + +Article (256 ) Appeal in Cassation As a Matter of Law +1. The Attorney General may, either sua sponte or upon a written request from the Minister +of Justice or the Head of the competent local judicial body, appeal in cassation as a mat- +ter of law, the final judgments, regardless of the issuing court thereof, if the judgment is based on violation, misapplication or misinterpretation of the law in the following two +cases: +a. The judgments against which the law does not permit the parties to file an appeal in +cassation; and +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 92 + b. The judgments in respec t of which the parties have missed the appeal in cassation +time limits, waived the appeal, or filed an appeal in cassation that is decided +inadmissible by the Court. +2. This appeal shall be filed without being restricted to a particular time limit, based o n a +petition to be signed by the Attorney General. The court shall hear the appeal after +summoning the parties. + +Chapter 4 Reconsideration + Article (257 ) Reconsideration of Final Judgments +Motions for reconsideration of final judgments imposing sentences o r measures may be +filed in the following instances: +1. If the Defendant is sentenced on grounds of a murder offense, and the victim is +subsequently found alive; +2. If a judgment is rendered against a person on the grounds of a particular incident, +and a judgment is subsequently rendered against another person on grounds of the +same incident, and there is contradiction between both judgments, so that the +innocence of either convict is presumed. +3. If a witness or expert witness is convicted on grounds of perjury offense, or where an +paper submitted in the course of the case is later decided to be forged, in the event +that the witness testimony, the expert's report or t he forged paper has affected the +judgment. +4. If the judgment is based on a judgment rendered by a judicial civil or personal status +tribunal and which is subsequently overturned; or +5. If, after the judgment is rendered, new facts appear or papers are sub mitted and of +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 93 + which the Court has no prior knowledge at the time of trial, and such facts or papers +would prove the innocence of the convict. + +Article (258 ) The Party Moving for Reconsideration and Relevant +Procedures +1. In the first four instances of Article [257] of this Law, the Attorney General and the con- +vict or his / her attorney if the convict is incapacitated or missing, or the relatives or spouse of the convict after his / her death, shall have the right to file a motion for recon- +sideration. +2. If the moving party is not the Attorney General, the motion shall be submitted to the At-torney General based on a petition showing the details of the judgment required to be reconsidered, the supporting grounds for such a mo tion, and shall be accompanied by +the supporting documents. +3. The Attorney General shall submit the motion, whether filed by him or by any other par- +ty, together with the investigations conducted, to the criminal cassation tribunal, under a +report indicating his opinion and the underlying grounds of such an opinion. +4. The motion shall be submitted to the court within the three [3] months following its fil-ing date. + +Article (259 ) Exclusive Right of Attorney General to File Motions for +Reconsideration +1. The right to file motions for reconsideration in respect of the instance described in Article +[257.5] of this law shall be conferred exclusively upon the Attorney General, whether +sua sponte or upon the request of the interested parties. If the Attorney Gene ral is con- +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 94 + vinced that the motion is well- grounded, he shall submit it, together with the necessary +investigations conducted, to the criminal cassation tribunal. The motion shall refer to the +incident or the document relied upon. +2. The criminal cassation t ribunal shall decide on the motion after reviewing the papers +and conducting any necessary investigations, according to the procedures prescribed for +hearing the appeal in cassation on criminal matters. + +Article (260 ) Notifying the Litigants of the Hearin g +The Public Prosecution shall notify the litigants of the hearing scheduled for examining the +motion before the criminal cassation tribunal at least three [3] days prior to the hearing date. + +Article (261 ) Procedures for Adjudicating on Motion for Recons ideration +1. The criminal cassation tribunal shall adjudicate on the motion after hearing the state- +ments of the Public Prosecution and the litigants, and after conducting any necessary investigations by itself, according to the procedures prescribed for he aring the appeal in +cassation. If the motion is granted, the tribunal shall overturn the judgment and decide acquittal of the Defendant if such acquittal is established; otherwise, the case shall be remanded to the court that rendered the judgment, unless the criminal cassation tribunal +decides that the same be heard by a tribunal comprising different judges or be remanded to the trial court for adjudication ab initio. The court, to which the case is remanded, +shall abide by the cassation court's ruling on the matters decided on. +2. If retrial is not possible, such as the instances of termination of the criminal action on +grounds of death, insanity, or serious mental or psychological disorder of the convict, the +criminal cassation tribunal shall hear the cas e. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 95 + 3. The criminal cassation tribunal shall only overturn the erroneous aspects of the judg- +ment. + +Article (262 ) Stay of Execution of Judgment +The filing of a motion for r econsideration shall not cause a stay of execution of the +judgment, unless the underlying judgment involves death penalty. Other than that, the court +may order a stay of execution in its decision whereby the motion for reconsideration is +granted. + +Article (263 ) Publication of Acquittal Judgment +Every judgment of acquittal based on a motion for reconsideration shall be published, at the +government's expense, both in the official gazette and in a local newspaper chosen by the +person concerned. + +Article (264 ) Lapse of Judgment for Damages +Overturning the contested judgment shall automatically give rise to the lapse of the +judgment for damages rendered based thereon, and any amount of such damages shall be +refunded accordingly. + +Article (265 ) Award of Damages for Overturned Judgment +1. If the convict claims damages resulting from the judgment decided to be overturned, the +court may award such damages under the acquittal judgment, +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 96 + 2. If the convict is dead when the motion for reconsideration of the judgment against him is +filed, the legal heirs of him shall be entitled to claim the damages described in Clause [1] of this Article. +3. Damages may be claimed at any stage of retrial proceeding. + +Article (266 ) Challenging the Reconsideration Judgments +1. Judgments r endered by any judicial body other than the criminal cassation tribunal on +the merits of a case based on a motion for reconsideration may be challenged by all +methods of challenge prescribed by law. +2. No punishment harsher than the punishment or measures imposed on the convict may +be ordered. + +Article (267 ) Dismissal of Motion for Reconsideration +If a motion for reconsideration is dismissed, it may not be re -submitted based on the same +grounds. + +Part 7 BINDING FORCE OF FINAL JUDGMENTS + Article (268 ) Res Judicata Effect of Final Judgments +1. The criminal action and the facts therein contained shall lapse with regard to the De-fendant concerned once a final judgment of acquittal or conviction is rendered thereon. +2. If a judgment is rendered on the merits of the criminal action, the same may only be +re-heard based on a challenge against such judgment by the methods of challenge pre- +scribed by law. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 97 + +Article (269 ) Binding Force of Criminal Judgments before Civil Courts +The final criminal judgment of acquit tal or conviction rendered on the merits of a case shall +have a binding force before the civil courts in respect of the civil actions which have yet to be +decided on under a final judgment, in respect of the occurrence of the offense and its legal +characte rization and perpetrator. The judgment of acquittal shall have such a binding force, +whether it is based on exoneration of the Defendant or lack of evidence. Such binding force shall have no existence if the judgment is based on the principle that the unde rlying act is +not a legally punishable offense. + +Article (270 ) Binding Force of Civil Judgments before Criminal Courts +Judgment rendered on civil actions shall have no binding force before the criminal courts in respect of the occurrence of an offense and its perpetrator. + +Article (271 ) Binding Force of Personal Status Judgments before Criminal +Courts +Judgments rendered on personal status matters shall have the res judicata effect before the criminal courts in respect of the personal status matters upon w hich the adjudication on the +criminal action is based. + +Book 4 ENFORCEMENT OF JUDGMENTS +Part 1 GENERAL PROVISIONS + +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 98 + Chapter 1 Enforceable Judgments + Article (272) Enforcement of Criminal Judgments +The Public Prosecution shall enforce the judgments rendered on all criminal actions +instituted before the courts, and may, if necessary, seek direct assistance from the public +authority. + +Article (273) Replacement of Punishments or Measures in Legally Pre scribed +Instances +Subject to the provisions of Book I of the Crimes and Penalties Law [Penal Code], referred to +hereinabove, the punishments or measures described therein or in any other laws may only +be replaced or amended upon being ordered or enforced in the instances prescribed by law. +Such punishments and measures shall be applied and enforced as described in this law. + +Article (274) Enforcement of Judgments Rendered on Qisas Offenses +The judgments rendered on Qisas offenses shall not be expeditiously enforced. + +Article (275) Execution of Diyya Punishment +The party convicted for Diyya payment shall be kept at a penal institution based on an order +of the Public Prosecution until the Diyya judgment is enforced or the Diyya amount is +settled. + + Article (276) Postponement of Diyya Payment by Attorney General +The Diyya payment may be postponed or allowed to paid in installments based on the +approval of the Attorney General for reasonable considerations decided by him. The +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 99 + relevant decision shall indicate the postponement period and precautionary measures to be +taken to prevent the convict from escape. + +Article (277 ) Release or Cancellation of Remand Prisoner's Provisional +Electronic Monitoring +The remand prisoner shall be immediately released or shall have his provisional electronic monitoring immediately cancelled – as the case may be - if the judgment establishes his +acquittal or imposes a non -custodial sentence or a penalty that does not entail +imprisonment, if a stay of execution of the sentence is ordered, or if the Defendant has already served the term of the sentence or punitive measures imposed on him while +undergoing pretrial detention or electronic monitoring. + +Chapter 2 Objection to Enforcement and R elevant Procedures + Article (278 ) Filing the Objections to Enforcement +Any objections to the enforcement of criminal judgments shall be filed with the court that rendered the judgment. + +Article (279 ) Objection Procedures +Objection shall be filed under a statement to be submitted to the court within the territorial +jurisdiction of which the enforcement is to take place. The date scheduled for hearing the objection before the competent court shall be indicated in the statement and shall not +exceed seven [7] days of the filing date thereof. The objecting party shall be notified to +appear on the hearing date, and the Public Prosecution shall notify the litigants to appear on +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 100 + the scheduled date. + +Article (280 ) Objection to Enforcement of Death P enalty +If the objection relates to the enforcement of a death penalty judgment, it may be filed with +the person in charge of the management of the institution or place of enforcement of the +sentence, and such a person shall be required to immediately submit the same to the Public +Prosecution in order to fix the date for hearing it and notify the litigants to appear on the +said date. + +Article (281 ) Stay of Execution of Judgment Subject to Enforcement +Objection +Filing an objection to the enforcement of a jud gment shall not bring about a stay of +execution of the underlying judgment, unless the judgment in question imposes death +penalty. Other than that, the court may order a stay of execution until the objection is decided on. + +Article (282 ) Legal Representation for the Objector +Under any circumstances, the objector may appoint an attorney to defend him, without prejudice to the court's right to order his personal appearance. + +Article (283 ) Adjudication on the Objection +The objection shall b e adjudicated on after hearing the statements of both the Public +Prosecution and interested parties, and the court may conduct the necessary investigations. Decisions on the subject of the objection shall establish impermissibility of enforcement, +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 101 + dismissa l of the objection or continuation of enforcement, and the decision made on the +objection shall be unchallengeable. + +Part 2 ENFORCEMENT OF DEATH PENALTY + Article (284 ) Place of Keeping the Convict Sentenced to Death +The convict sentenced to death shall be kept at a penal institution based on an order of the +Public Prosecution until the judgment is enforced. + +Article (285 ) Ratification of Death Penalty +When the death penalty judgment rendered by a federal court become s final, the case file +shall be submitted to the President of the State through the Minister of Justice for ratification of the judgment. + +Article (286 ) Meeting the Convict Sentenced to Death +1. Relatives of the convict sentenced to death may meet him on the day fixed for enforce- +ment of the judgment but away from the place of enforcement. +2. If the convict requests a meeting with the religious preacher of the penal institution or +any other religious person before the sentence is enforced against him, the necessary fa- +cilities shall be provided to enable such a meeting. + +Article (287 ) Place of Enforcement of Death Penalty +The death penalty shall be enforced within the penal institution or elsewhere based on a +written order of the Attorney General, indicating the necessary fulfillment of the procedures +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 102 + set forth in Article [289] of this law. + +Article (288 ) Attending the Death Penalty Enforcement Procedures +1. The death penalty judgment shall be enforced in the presence of a member of the Public +Prosecution, a representative of the Ministry of Interior, the person in charge, and the +physician, of the penal institution, or any other physician appointed by the Public Pros- +ecution. +2. Avengers of blood [in respect of Qisas m urder] shall have the right to attend the en- +forcement procedures, and the Public Prosecution shall inform them thirty [[30] days +prior to the scheduled enforcement date. +3. Persons other than the above -mentioned ones shall only be allowed to attend the en- +forcement procedures based on a special permission from the Public Prosecution. In all cases, the attorney of the convict shall be allowed to attend. + +Article (289 ) Death Pe nalty Enforcement Procedures +1. The person in charge of the management of the penal institution shall read out the oper- +ative part of the death penalty judgment and the charge based on which the judgment has been rendered against the convict, at the place o f enforcement in full view of the +persons present. If the convict wants to say anything, the Public Prosecution Member +shall draw up a report to that effect. +2. When the enforcement is completed, the Public Prosecution Member shall draw up a +report, and sh all write down in the report the physician's confirmation of the death and +its occurrence time. + +Article (290 ) Death Penalty Enforcement Times +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 103 + The death penalty shall not be enforced on the official holidays and religious holidays of the +convict's religio n. + +Article (291 ) Postponed Execution of Pregnant Woman +The enforcement of death penalty against the pregnant woman shall be postponed until she +gives birth and breastfeeds her newborn for two years, and she shall be imprisoned up to the +postponed enforce ment date. + +Part 3 ENFORCEMENT OF CUSTODIAL SENTENCES + Article (292 ) Place of Enforcement of Custodial Sentences +1. Judgments imposing custodial sentences shall be enforced at the designated penal insti- +tutions based on an order of the Public Prosecution. +2. Notwithstanding any provision set forth in this law or in any other law, the penal institu- +tions law or any legislative instrument enacted by the emirate concerned within the +scope of its authority may order that the convict undergoing a custodial senten ce or the +convict sentenced to physical coercion perform penal labor within or outside the penal +institutions during the punishment enforcement term. +3. Under any circumstances, the penal labor order shall be issued by the Public Prosecution +according to the conditions and controls set forth in the relevant law or legislative in- +strument, as the case may be. + +Article (293 ) Inclusion of Enforcement Commencement Day +The commencement day of judgment enforcement against the convict shall be included in +the sentence term, and the convict shall be released on the day following the expiration of +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 104 + the sentence term at the time scheduled for releasing the prisoners. + +Article (294 ) Commencement of Custodial Sentence Term +The custodial sentence term shall commence on the date of arresting the convict based on +an enforceable judgment, and such a term shall be reduced in proportion to the pretrial +detention period. + +Article (295 ) Subtracting the Pretrial Detention or Monitoring Period from +Sentence Term +If the Defendant is exonerated from the offense based on which he has underwent pretrial detention or provisional electronic monitoring, or where a dismissal with prejudice order is +issued in respect thereof, the pretrial detention or provisional electronic monitoring period +shall be subtracted from any sentence imposed on him on the grounds of any criminal +offense committed by him during or prior to the pretrial detention . + +Article (296 ) Multiplicity of Custodial Sentences +Where there are several custodial sentences imposed against the Defendant, the pretrial +detention and arrest period shall be subtracted from the lighter sentence first. + +Article (297 ) Postponed Enforce ment of Custodial Sentence against a +Pregnant Woman +If the woman punished by a custodial sentence is pregnant, the enforcement of judgment against her may be postponed until she gives birth to her baby and a six -month period +following her childbirth passes . +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 105 + +Article (298 ) Postponed Enforcement of Custodial Sentence against a +Diseased Person +If the person punished by a custodial sentence is afflicted with a life -threatening disease, or +where the enforcement of judgment against him would jeopardize his life, the enforcement +of sentence may be postponed. + +Article (299 ) Postponed Enforcement of Custodial Sentence against a Person +with Mental or Psychological Disorder +If the convict is afflicted with insanity or serious mental or psychological disorder, which +makes him totally unable to control his acts, the enforcement of sentence shall be +postponed until he is cured. In which case, he shall be kept at a medical treatment facility, and the period of his stay at the same shall be subtracted from the court -ordere d sentence +term. + +Article (300 ) Postponed Enforcement of Custodial Sentence against a +Spouse +If a husband and his wife are punished by a custodial sentence, the enforcement of sentence +may be postponed agai nst either of them until the other party is released, in the event that +they are taking care of a young child under fifteen [15] years of age, provided that they have +a known place of residence in the State. + +Article (301 ) Custodial Sentence Enforcement P ostponement Procedures +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 106 + 1. The enforcement of custodial sentence shall be postponed according to the foregoing +Articles based on an order of the Advocate General or the person acting in lieu of him, +whether sua sponte or upon motion of the interested partie s. He may also order that +necessary precautions be taken to prevent the convict from escape. +2. Other than the instances described in the foregoing articles, the enforcement may only +be postponed based on an order of the Attorney General for reasonable con siderations +decided by him. Such an order shall indicate the postponement period and the necessary +precautions required to be taken to prevent the convict from escape. + +Article (302 ) Diversity of Custodial Sentences +If there are diverse custodial sentences, the harshest sentence shall be enforced first. + +Part 4 ENFORCEMENT OF NON -CUSTODIAL MEASURES + +Article (303 ) Release of Sentenced Prisoner +The sentenced prisoner may only be released before the end of his sentence term in the +instances defined in the law. + +Article (304 ) Conditional Release +1. Every convict punished by a custodial sentence may be granted conditional release if the +same satisf ies the requirements set forth in the Penal Institutions Law. +2. The convict granted conditional release shall be subject to the requirements set forth in +the above -mentioned law throughout the remaining period of his sentence term. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 107 + 3. Upon motion of the Public Prosecution, the conditional release may be revoked if the +released person fails to satisfy the requirements set forth in Clause [2] of this Article. + +Article (305 ) Places for Committal of Convicts +1. The judgments of committal shall be enforced by sending the sentenced convicts to a +penal institution, medical treatment facility or any other designated place. +2. The convict shall be committed under an order of the Public Prosecution. +3. The committal to medical treatment facility shall be subject to the provision of Article +[299] of this law. +4. The committal to a penal institution shall be subject to the provisions of Article [297] +and [298] and Articles [301] through [306] of this Law. +5. If the convict is afflicted with a mental or psychological disorder that satisfies the +requirements of severity defined in Article [140] of the Crimes and Penalties Law [Penal +Code], he may be committed to a medical treatment facility annexed to the penal +institutions to be determined under a decision of the Ministe r of Interior or of the Head +of the Local Judicial Body, as the case may be. + +Article (306 ) The Order of Measures Enforcement +1. The measures shall only be enforced after the custodial sentences are enforced. +2. Notwithstanding the provision of Clause [1] of this Article, the measure of committal to a +medical treatment facility shall be enforced ahead of any other sentence or +non -custodial measure, while the physical measures shall be immediately enforced, un- +less the law provides otherwise. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 108 + +Part 5 SETTLEMENT OF COURT -AWARDED AMOUNTS + Article (307 ) Settlement of Amounts due to the Government +Upon settlement of the amounts due to the government in respect of the fines and charges, +the refundable amounts and compe nsatory damages, the Public Prosecution shall, before +initiating the enforcement procedures, notify the convict of the value of such amounts, +unless such a value is mentioned in the judgment. + +Article (308 ) Collection of Court -Awarded Amounts +1. The judgm ent imposing a fine penalty, refund, compensatory damages or any other form +of financial penalty shall have the force of a Writ of Execution. +2. The Public Prosecution may initiate the enforcement of the judgment imposing fine +penalty, refund, compensatory damages or any other form of financial penalty, and shall +have, in this respect, the same powers vested in the enforcement judge in respect of im- +posing the executive attachment over the property of the convict, issuing an arrest war-rant and travel ban ord er against him, and sending the enforcement file to the compe- +tent enforcement judge. Such procedures and decisions shall be challengeable and ap-pealable according to the aforesaid Civil Procedure Law. +3. In all cases, the Public Prosecution may assign the judgment enforcement procedures to +the competent enforcement judge. + +Article (308 ) Collection of Court -Awarded Amounts +1. The judgment that orders a fine penalty, refund, compensatory damages or any other form of financial penalty shall be a Writ of Execution. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 109 + 2. The Public Prosecution may initiate the enforcement of the judgment imposing a fine +penalty, refund, compensatory damages or any other form of financial penalty, and shall +have, in this respect, the same powers vested in the enforcement judge in respect of im- +posing the executive attachment on the property of the convict, issuing an arrest warrant +and travel ban order against them, or sending the enforcement file to the competent en- +forcement judge. Such procedures and decisions shall be challengeable or appealable, as +the case may be, in accordance with the aforesaid Civil Procedure Law. +3. In all cases, the Public Prosecution may transfer the proce dures for the enforcement of +the judgment to the competent enforcement judge. + +Article (309 )Criminal Judgment Enforcement Judge +The Federal Judicial Council or the Head of the competent local judicial body, as the case +may be, may assign one or more judge s of the court of first instance to perform the duties of +the criminal judgment enforcement judge, in respect of the amounts set forth in Articles [311.1], [311.2] and [311.4] of this law. + +Article (310 ) Service of Writ of Execution +The enforcement of jud gments awarding the amounts set forth in Article [311] of this law +shall be conducted based on the request of the Public Prosecution, and the enforcement shall be preceded with a service of the Writ of Execution according to the procedures +defined in the Civil Procedure Law. + +Article (311 ) Distribution of the Convict's Funds +If a judgment imposing a fine, refund of amounts and compensatory damages, and the +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 110 + property and funds of the convict are not sufficient enough to cover all such payables, the +amounts collected shall be distributed to the eligible bodies as per the followin g order: +1. Fines and other financial penalties; +2. Fees and costs of the criminal action; +3. Amounts due to the Plaintiff; and +4. Amounts due to the government in the form of refund and compensatory damages. +In the event that the criminal offenses underly ing the judgments are of a different nature, +the amounts paid by the convict or those collected through enforcement against the convict's property shall be deducted first from the amounts awarded in the criminal actions, +the misdemeanor proceedings and inf raction proceedings respectively. + +Article (312 ) Reduction of Fine +1. If a person is remanded in custody or is under provisional electronic monitoring and is +only punished by a fine penalty, the amount of AED [100] one hundred dirhams shall be subtracted from the fine penalty for each day of pretrial detention or provisional elec- +tronic monitoring. +2. If the judgment imposes both imprisonment and fine, and the period of pretrial deten-tion or provisional electronic monitoring served by the convict exceeds th e period of the +court -ordered imprisonment sentence, the said amount shall be subtracted from the fine +for each day of the said excess duration. + +Article (313 ) Postponed and Installment Payment of Amounts due to +Government +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 111 + 1. The Public Prosecution may, w henever necessary and upon motion, either grant the +convict an extension of time to be able to pay the amounts due to the government, fines +and other financial penalties, or permit that the same be paid in installments over a +timespan not exceeding two years. +2. The Public Prosecution may revoke the decision issued to that effect based on reasona-ble grounds. + +Article (314 ) Physical Coercion +Physical coercion may be used as a method for collecting the fines and other financial +penalties, and shall take plac e by keeping the convict in confinement. The duration of such +confinement shall be one day per AED [100] one hundred dirhams or less, and the period of physical coercion shall not exceed six [6] months, subject to the following requirements: + +1. If the cou rt-ordered fines and other financial penalties do not exceed AED [20,000] +twenty thousand dirhams, the physical coercion period shall not exceed sixty [60] days. +2. If the court -ordered fines and other financial penalties exceed AED [20,000] twenty +thousand dirhams but are less than AED [50,000] fifty thousand dirhams, the physical coercion period shall be one hundred twenty [120] days. +3. If the court -ordered fines a nd other financial penalties exceed AED [50,000] fifty +thousand dirhams, the physical coercion period shall be one hundred eighty [180] +days. + +Article (315 ) The Provisions of Custodial Sentence Enforcement Apply to +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 112 + Physical Coercion Enforcement +The provis ions regulating enforcement of the custodial sentences set forth herein shall apply +to physical coercion enforcement. + +Article (316 ) Multiplicity of Judgments +In the event of several judgments rendered against a convict, they shall be enforced based +on the aggregate value of court -ordered amounts, provided that the physical coercion period +shall not exceed one year. + +Article (317 ) Physical Coercion Enforcement Order +The physical coercion penalty shall be enforced based on an order of the Public Prosecution, and shall be commenced at any time after the convict is duly served, and after the convict +has served all court -ordered custodial sentences. + +Article (318 ) Termination of Physical Coercion +The physical coercion penalty shall be terminated once the amount corresponding to the confinement period served by the convict calculated pursuant to the foregoing articles +becomes equal to the court -ordered financial penalty after subtracting the amount paid by +the convict or any amount collected from the latter through enforcement against his +property. + +Article (319 ) Clearance of the Convict +The convict shall be discharged from the fines and other financial penalties whe n the same +undergoes physical coercion at a rate of AED [100] one hundred dirhams for each day. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 113 + +Part 6 LAPSE OF SENTENCE ON LIMITATION GROUNDS AND DEATH OF +THE CONVICT + Article (320 ) Lapse of Court -Ordered Sentence on Limitation Grounds +1. Except for the criminal offenses of Qisas, Diyya and felonies on which a final judgment +of the death penalty or a life sentence, the court -ordered sentence imposed on other +criminal offenses shall lapse after the passage of thirty [30] calendar years. +2. The court -ordered sentence imposed on a misdemeanor proceeding shall lapse after the +passage of seven [7] years, while the court -ordered sentence imposed on a infraction +proceeding shall lapse after the passage of two [2] years. The limitation period shall commence as of the date on which the judgment of conviction becomes final, unless the sentence is ordered in absentia by the Criminal Court on a misdemeanor proceeding, as, +in the latter case, the limitation period shall commence as of the date of the jud gment. + +Article (321 ) Interruption of Limitation Period +1. The limitation period shall be interrupted by arresting the convict punished by a custodi- +al sentence, or based on any enforcement procedure that is conducted against the con- +vict or of which the latter becomes aware. +2. The limitation period shall be interrupted if, during such a period, the convict commits a +criminal offense of the same type of, or similar in nature to, the one for which he has +been convicted, not including the infractions. + +Article (322 ) Suspension of Limitation Period +The running limitation period shall be suspended upon the occurrence of any impediment, +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 114 + whether legal or physical, that precludes enforcement. + +Article (323 ) Provisions on Compensatory Damages and Costs +1. The prov isions regulating the limitation period set forth in the Civil Procedure Law shall +apply in respect of the court -ordered compensatory damages, refundable amounts and +legal costs. +2. Enforcement by way of physical coercion shall not be conducted after expir ation of the +limitation period for the sentence. + +Article (324 ) Death of the Convict +If the convict passes away after a final against is rendered against him, the compensatory +damages and refundable amounts shall be enforced against his estate. + +Book 5 MISCELLANEOUS PROVISIONS +Part 1 JUDICIAL SUPERVISION OF PENAL INSTITUTIONS + +Article (325 ) Prosecution Members' Access to Penal institutions and the Like +Members of the Public Prosecution shall have the right to get access to penal institutions, detention centers, remand places and debtor jails that are located within the circuits of their +territorial jurisdiction, in order to ensure the absence of any illegally -detained persons. In +addition, they may also review and take copies of the records and arrest and detention warrants, communicate with any inmate and hear their complaints. To that effect, they shall +receive every assistance to get the information required. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 115 + +Article (326 ) Rights of Penal Institution's Inmate +1. Every inmate detained at any of the p laces described in Article [325] hereof may, at any +time, submit a written or oral complaint to the person in charge of the management of +the place in order for the latter to communicate the same to the Public Prosecution. In +which case, the person in char ge of the management of the place shall receive the com- +plaint and immediately communicate it to the Public Prosecution after having it written +down in the relevant record. +2. Whoever becomes aware that a person is illegally detained or is detained at a +non -Detention Center shall forthwith notify a member of the Public Prosecution, and the +latter shall, once notified, move to the place of the illegally -detained person, conduct an +investigation, order that the same be released, and draw up a report to that ef fect. + +Part 2 LOSS OF PAPERS + +Article (327 ) Loss of Judgment or Investigation Papers +If the judgment document is lost for whatever reason before its enforcement, or if all +investigation papers are lost, in whole or in part, before a decision being issued thereon, the +procedures described in the following Articles shall apply: + +Article (328 ) Certified Copy of Judgment +If a certified copy of the judgment is available, it shall be used in lieu of the lost judgment document, and if such a copy lies in the possession of some person or entity, the Public +Prosecution shall obtain an order from the chief justice of the court issuing the judgment for +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 116 + delivery of such a copy. + +Article (329 ) Loss of Judgment +Losing the judgment document shall not give rise t o retrial where the methods of +challenging the judgment have been exhausted. + +Article (330 ) Retrial due to Failure to Obtain Judgment Copy +If the case is heard by the criminal cassation tribunal, and it is not possible to obtain a copy +of the judgment, th e court shall order that retrial be conducted where the methods of +challenging the judgment have all been exhausted. + +Article (331 ) Loss of Investigation Papers before Issuing a Decision +If the investigation papers are lost, in whole or in part, before a decision being made in respect thereof, the investigation shall be reconducted in respect of the papers lost. If the case is pending before the court, it shall conduct the necessary investigations. + +Article (332 ) Loss of Investigation Papers not Including the Judgment +If the investigation papers are lost, in whole or in part, but the judgment document is available and the case is heard by the criminal cassation tribunal, the procedures shall only +be re- conducted if so decided by the court. + +Part 3 CALCULA TION OF DATES AND TIME LIMITS + Article (333 ) Notice Times +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 117 + 1. No notice shall be served before seven in the morning [07:00 am] or after six in the +evening [06:00 pm], and shall not be served on public holidays unless there is a permis- +sion to that effect by the competent in necessary circumstances. Such a permission shall +be indicated in the original copy of the notice. +2. If the notice is served by any modern means of communication, whether upon a natural or private legal person, the times set forth in clause [1] of this Article shall not apply. + +Article (334 ) Gregorian Calendar +The dates and timeframes stipulated in this law shall be calculated based on the Gregorian +calendar, unless otherwise provided. + +Article (335 ) Time Limit Calculation Method +1. If the law pre scribes a time limit in days, months or years for appearance or for the oc- +currence of a particular procedure, neither the day of service, nor the date of occurrence +of the event regarded by the law as giving rise to the relevant time limit, shall be includ ed +in the time limit, and the time limit shall expire at the end of the working hours of the last +business day thereof. +2. If the time limit is prescribed in hours, the hour of commencement and of the end of the time limit shall be calculated as described above. +3. If the time limit is required to expire before a particular procedure takes place, the un- +derlying procedure shall only be conducted after the lapse of the last day of the time lim- +it. +4. Time limits prescribed in months or years shall expire on th e corresponding day of the +next month or year. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 118 + 5. Under any circumstances, if the last day of the time limit falls on a public holiday, the +time limit shall be automatically extended to the first following business day . + +Part 4 Special Criminal Procedures +Chapter 1 Criminal Order +Article (336 ) Concept and Effect of Criminal Orders +The criminal order is a judicial order issued by the Prosecutor for adjudicating on the merits +of the criminal action which he decides not to dismiss without prejudice nor transf er to the +court of the misdemeanor and infractions described in this chapter, even if in the absence of +the Defendant. The criminal order shall give rise to termination of the criminal action, unless +challenged by the Defendant within the legal time limit. + +Article (337 ) Scope of Application of Criminal Order -Related Provisions +1. The provisions on criminal order shall apply to the misdemeanors and infractions de- +scribed in the applicable laws in the State, and which are punished by non -mandatory +detention sentences. +2. The Attorney General shall issue a decision, in agreement with the Attorneys General of +the local judicial authorities, determining the misdemeanors and infractions to which the criminal order -related provisions are applicable. In addition, the Attorneys Gener al shall, +within their respective areas of jurisdiction, issue the necessary decisions for imple- +menting the provisions of this Article. + +Article (338 ) Offenses Excluded from Criminal order- Related Provisions +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 119 + The following criminal offenses shall be exclud ed from the scope of applying the provisions +on the criminal order: +1. Qisas and Diyya offenses; +2. Criminal offenses affecting the national security and interests of the State; +3. Offenses involving the exercise of any influence on, or defamation of, the judiciary, +and impediment of judicial procedures; +4. Criminal offenses described in the Juvenile Delinquents and Vagrant Law; +5. Criminal offenses whose punishment is not permitted by the law to be mitigated; +and +6. Criminal offenses for which the law pres cribes a banishment sentence. + +Article (339 ) Prosecutor's Issuance of Criminal order +The prosecutor may issue a criminal order against the convict found guilty, by imposing the legally prescribed fine against him, but not exceeding half of its maximum thr eshold, in +addition to the supplemental penalties and fees. + +Article (340 ) Details of Criminal order +The criminal order issued by the Prosecutor shall contain the following details: +1. The date of issue of the criminal order; +2. The name and personal details of the Defendant and criminal action's registration +number; +3. The charge brought against the Defendant; +4. The law provision[s] applicable to the offense committed; and +5. The name and rank of the prosecutor issuing the criminal order; +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 120 + +Article (341 ) Amendment or Revocation of Criminal order +1. The public prosecutor, with a rank of at least a Chief Prosecutor, and who is nominated +under a decision of the Attorney General, may amend or revoke the criminal order with- +in seven [7 ] days following its date of issue. +2. Revocation of the criminal order shall render the same as null and void, and shall cause the criminal action to be prosecuted and processed in the way described herein. +3. The criminal order, as amended, shall be serv ed upon the Defendant. +4. The criminal order may only be re -issued after being revoked if the revocation is made +for proving the validity of the conviction or its violation of the law. + +Article (342 ) Objection to Criminal order +1. The Defendant may file with the Public Prosecution an objection to the criminal order +issued against him within seven [7] days following its date of issue if issued in his pres-ence, or as of the date of service of the criminal order if issued in his absenc e or after be- +ing amended. The filing of such objection shall render the criminal order null and void, and shall cause the criminal action to be prosecuted and processed according to the +procedures set forth herein. +2. If there are several Defendants, and any of them objects to the criminal order, the same shall be deemed null and void only with regard to the objecting Defendant. +3. The Defendant may waive his objection to the criminal order before being served with a +notice to appear before the competent court. Any such waiver shall cause the objection to lapse and shall render the criminal order final and conclusive with regard to the waiv- +ing Defendant. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 121 + 4. Under any circumstances, upon hearing the criminal action, the court shall not abide by +the criminal o rder objected to. + +Article (343 ) Finality of the Criminal order +The criminal order shall become final and unchallengeable with regard to the Defendant in +either of the following cases: +1. In case the Defendant performs the criminal order through payment of the pre- +scribed fine; or +2. Lapse of the right to object to the criminal order on limitation grounds. + +Article (344 ) Filing A Civil Action +1. Filing a civil action shall not preclude issu ance of the criminal order, and the Plaintiff +may resort to the competent civil court to claim his rights. +2. The decision made on the subject matter of the criminal action under the criminal order +shall not have any legal force in the civil courts. + +Article (345 ) Procedural Objection to Enforcement of Criminal Order +1. The final criminal order shall be enforced in accordance with the rules set forth in this +law. +2. The enforcement of a criminal order may be objected to in the following two cases: +a. If th e criminal order is issued in violation of the procedures set forth in this Chapter; +or +b. If the criminal order is issued against a person other than the Defendant. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 122 + 3. The procedural objection shall b e filed with the Public Prosecution, which shall, under +any circumstances, submit the same to the misdemeanor court having the jurisdiction to +hear the case for the latter to adjudicate on the objection without pleadings. If, however, +the misdemeanor court is convinced that the objection could not be adjudicated on in its +current state or without investigation or pleadings, it shall schedule a day for examining +the objection according to the standard procedures, and shall summon the objecting +party to appea r. The court shall decide on the objection after hearing the statements of +the Public Prosecution. Such a decision shall either establish dismissal of the objection and continuation of enforcement of the criminal order or grant the objection and cause the criminal order to become null and void. In the latter case, the court shall send the +case file back to the Public Prosecution for the latter to dispose thereof. +4. The court's decision on the objection shall be final and unchallengeable. + +Article (346 ) Penalty Prescribed by the Criminal Order +The penalty prescribed by the criminal order shall not be deemed a criminal conviction that +entails rehabilitation. + +Article (347 ) Amendment or Revocation of Criminal Order by Attorney +General +1. The Attorney General may amend or revoke the criminal order within thirty [30] follow- +ing the date of its issue or amendment, or as of the date of waiver by the Defendant of its objection, even if the criminal order has been enforced. The criminal order shall be +served upon the Defendant. +2. The Attorney General shall issue the decisions and instructions required for implement-ing the provisions set forth in this Chapter. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 123 + +Chapter 2 Criminal Conciliation +Article (348 ) Criminal Conciliation Procedures +The Public Prosecution or the competent court, as the case may be, may initiate the +procedures of Criminal Conciliation based on an agreement between the victim or his +attorney appointed under a special power of attorney or his heirs or their attorney +appo inted under a special power of attorney on the one hand, and the Defendant on the +other hand, to amicably settle and bring their dispute in criminal matters to an end according to the provisions set forth in this chapter. + +Article (349 ) Offenses to which Criminal Conciliation is Applicable +The provisions of Criminal Conciliation set forth in this Chapter shall apply to the following +offenses: + +1. Misdemeanors and infractions described in Articles 382 [Paragraph 1], 390, 394, 403, +404, 425, 426, 427, 431, 432 [Paragraph 1], 433, 447, 453, 454, 455, 464 [Paragraph 1], +465 [Paragraph 1], 467, 468, 473 and 474 of the Crimes and Penalties Law [Penal Code]. +2. The other misdemeanors and infractions in respect of which the law provides that the criminal action shall be terminated on the grounds of conciliation or waiver. + +Article (350 ) Establishment of Criminal Conciliation +1. The victim or his legal representative or attorney appointed under a special power of at- +torney, or his heirs or their attorney appointed under a special power of attorney, may +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 124 + establish their conciliation with the Defendant before the Public Prosecution or the +court, as the case may be. +2. The Defendant or his legal representative or attorney appointed under a special power +of attorney, or his heirs or their attorney appointed under a special power of attorney, may establish the conciliation referred to in the foregoing clause based on an instrument +duly attested by the competent notary public and signed by the victim or his heirs or +their attorney appointed under a special power of attorney, as the case may be. +3. If the victim or his legal representative o r attorney appointed under a special power of +attorney, or his heirs or their attorney appointed under a special power of attorney, ac- +cept to enter into conciliation with the Defendant, a conciliation report shall be drawn +up indicating the purport of the parties' agreement, and shall be approved by the Prose- +cutor after being signed by the parties involved. +4. The request for establishment of conciliation shall not be admitted if it is conditional or +restricted to a particular timeframe. +5. Conciliation may be established at any stage of litigation, even after the judgment or the +criminal order becomes final. + +Article (350 ) Establishment of Criminal Conciliation +1. The victim or their legal representative or attorney appointed under a special power of +attor ney, or their heirs or the latter's attorney appointed under a special power of attor- +ney, may establish their conciliation with the Defendant before the Public Prosecution or +the competent court, as the case may be. +2. The Defendant or their legal represen tative or attorney appointed under a special power +of attorney, or their heirs or the latter's attorney appointed under a special power of at- +torney, may establish the conciliation referred to in the foregoing clause based on an in- +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 125 + strument duly attested by the competent notary and signed by the victim or their heirs or +the latter's attorney appointed under a special power of attorney, as the case may be. +3. If the victim or their legal representative or attorney appointed under a special power of +attorney, o r their heirs or the latter's attorney appointed under a special power of attor- +ney, accept to enter into conciliation with the Defendant, a conciliation report shall be +drawn up indicating the purport of the parties' agreement, and shall be approved by the +Prosecutor after being signed by the parties involved. +4. The motion for establishment of conciliation shall be inadmissible if it is conditional or +restricted to a particular timeframe. +5. Conciliation may be established at any stage of litigation, even after the judgment or the criminal order becomes final. + +Article (351 ) Establishment of Victim -Offered Conciliation with the +Defendant before Criminal Court +1. If the victim or his legal representative or attorney appointed under a special power of +attorney, or his heirs or their attorney appointed under a special power of attorney, of- +fers conciliation to the Defendant before the criminal court on any of the offenses set +forth in Article [349] of this law, and befo re the judgment becomes final, the court shall +establish their conciliation in the hearing transcript and shall have the same signed by +the victim or his attorney appointed under a special power of attorney. +2. If the conciliation is established under an instrument duly attested pursuant to the provi- +sions of Article [350] of this law, the court shall establish the same in the hearing tran- +script, and shall enclose the duly -attested original instrument with the cas e file. + +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 126 + Article (352 ) Offering Conciliation through Criminal Mediation +1. The Public Prosecution may, in respect of the offenses that are terminated on grounds of +conciliation or waiver, and before the case is transferred to the criminal court, either sua sponte and with the consent of both the Defendant and the victim or the persons legally acting on their behalf or at their request, conduct Criminal Mediation between the De-fendant and the victim, with the aim of establishing their conciliation, through a neutral +third -party mediator under the supervision of the Public Prosecution, if the latter is con- +vinced, in light of the circumstances and details of the underlying incident, that any such +measure would ensure compensating the damage sustained by the victim or would ter-minate the effects arising out of the offense. +2. The Public Prosecution shall indicate, in the decision transfer the case to Criminal Medi-ation, the duration of mediation, which shall not exceed one month of the date of noti-fying the mediator of the task. Such a duration shall be renewable for a similar period only once at the request of the mediator, based on reasonable grounds for such exten- +sion. + +Article (353 ) Confidentiality of Mediation Procedures +1. Mediation procedures shall be of a confidential nature. Neither party may invoke the +mediation procedures, any papers or information furnished in respect thereof, or any +agreements or waivers by the parties involved, before any court or other entity whatso- +ever. In addition, it shall be pr ohibited for the mediator, the parties to mediation, and +every person involved in the mediation procedure, to disclose any information furnished +during the mediation process. +2. The mediator shall not be summoned before the investigation bodies, the courts , arbitra- +tion tribunals or any other bodies to give testimony on the information obtained by him in the course of performing his mediation duties. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 127 + 3. The mediator shall be relieved of the prohibition described in the foregoing two clauses +in the following cases: +a. If the Defendant or the victim asks the mediator to disclose any information, +where such information is relating to his person; +b. If compliance with the confidentiality obligation would jeopardize the life of any +other person; or +c. If such secr ets are relating to any other criminal offense committed or is likely to +be committed. + +Article (354) Instances of Recusal, Disqualification and Removal of Mediator +1. The mediator shall, if he becomes aware of any legal, ethical or other grounds that would +preclude his neutrality, submit to the Public Prosecution a request to be relieved of +continuing to act as a criminal mediator, indicating the grounds for his request, in order for +the Public Prosecution to make a decision appointing another mediator, if it is convinced that the underlying grounds are serious. +2. The Defendan t or the Defendant, or any persons acting on their behalf, may request +disqualification of the criminal mediator, if there are good reason to believe that he would +not be able to impartially perform his duty. +3. If either party objects to, and requests dis qualification of, the mediator, or if the mediator +is removed, passes away, or is unable to continue to perform his duty for whatever reason during any stage of mediation, the Public Prosecution the Public Prosecution shall appoint another mediator to comp lete the mediation procedures. + +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 128 + Article (355 ) Termination of Mediation Duty +1. The mediation procedures shall be terminated in the following instances: +a. If the Defendant and the victim, or the persons in their behalf, enter into an +agreement for bringing their dispute to an end by way of waiver, conciliation or payment, before the mediator takes over his duties; +b. If the Defendant and the victim sign the conciliation agreement before the specified time limit expires; +c. If the Defendant, the victim and the mediator unanimously agree to terminate the Criminal Mediation before they reach a conciliation agreement for whatever +reason; +d. If either the Defendan t or the victim notifies the mediator or the Public +Prosecution of its desire not to pursue the Criminal Mediation process; +e. If the mediator notifies the Public Prosecution that the Criminal Mediation is +ineffective or that there is no possibility to reach conciliation between the +Defendant and the victim, due to lack of any form of cooperation during the +Criminal Mediation sessions, or due to failure of either party or both parties to +appear; or +f. Due to expiration of the Criminal Mediation time limit w ithout being extended. +2. Under any circumstances, the mediator shall, upon termination of the mediator proce- +dure, deliver back to each party all the papers and statements submitted by the latter, +and shall be prohibited from retaining their originals or c opies thereof. In addition, the +mediator shall send to the Public Prosecution a report on the result of Criminal Media- +tion within three [3] business days starting from the date of termination of the Criminal +Mediation for whatever reason. + +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 129 + Article (356 ) Mediation -Based Conciliation Agreement +1. If, at the conclusion of the mediation process, the parties reach an agreement for concili- +ation and settlement of their dispute, in whole or in part, the mediator shall execute the Criminal Mediation agreement and s hall have the same signed by the parties as well as +the mediator himself. The agreement shall indicate the purport of the mediation and the timeframe set for the Defendant to perform his obligations towards the victim. The De- +fendant and the victim shall each receive a copy of the mediation agreement, and the +same shall be submitted to the Public Prosecution Member for approval. +2. The Defendant shall, within a time limit to be determined by the Public Prosecution and +not exceeding two weeks of the approval date of the conciliation and settlement agree- +ment, commence the performance of his obligations covered by the agreement. +3. If the Defendant fails to perform the said obligations, in whole or in part, the competent +prosecutor may decide that the criminal action be reinstituted and prosecuted of ac- +cording to the procedures set forth in this Law. + +Article (357 ) Effect of Conciliation Agreement +1. The conciliation shall give rise to termination of the criminal action or stay of execution of the judgment rendered thereon, as the case may be. +2. If a conciliation is established with the Defendant after the criminal judgment or criminal order becomes f inal, the Public Prosecution shall order a stay of its execution. +3. No challenge against, or retraction of the acceptance of, the conciliation agreement by +the Defendant or the victim shall be admitted after being approved by the Prosecutor, +and the conciliation approval report shall have the legal force of a Writ of Execution. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 130 + 4. The conciliation agreement shall be binding only upon its parties, and shall apply only to +the parties on whom the agreement establishes obligations, and shall not be relied upon +any third party. +5. The Defendant's agreement to enter into Criminal Mediation as well as any statements +made by him during the same shall not be relied upon against him as an act of confes- +sion. + +Article (358 ) Effect of Conciliation on the Civil Action +Conciliation shall have no effect on the civil rights of the victim or of the aggrieved party, or +on the right of either of them to resort to the civil courts to claim final compensation for the +damage sustained, unless such rights or waived or covered by t he conciliation agreement. + +Article (359 ) Regulation of Criminal Mediation +1. The Minister of Justice or the Head of Local Judicial Body shall issue a resolution regu- +lating the mediator's performance of Criminal Mediation duties and the requirements to +be fulfilled by him, and disciplinary measures against him and the fees schedule. +2. The Attorney General shall, in coordination with the Attorneys General of the local judi- +cial authorities, issue a decision regulating the transfer to Criminal Mediation and its ses-sions, the procedures for selection of the criminal mediator and the latter's role and ob- +ligations, in such a manner that does not go against the provisions of this Chapter. + + +Chapter 3 Plea Bargains +Section 1 Plea Bargaining in Misdemeanor Cases +Article (360 ) Provisions of Plea Bargaining i n Misdemeanor Cases +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 131 + The Public Prosecution may, if the crime is actionable before the competent court, propose +to the Defendant in misdemeanor cases a final out -of-court settlement of the criminal +action, by accepting any of the punishments and measures described in Article [362] hereof. +In which case, the Plea Bargain shall be enforced based on the competent criminal judge's +approval of the final Plea Bargain report. + +Article (361 ) Scope of Plea Bargaini ng in Misdemeanor Cases +The Plea bargaining process shall not apply to the following offenses: +1. Qisas and Diyya offenses; +2. Criminal offenses affecting the national security; +3. Criminal offenses described in the Juvenile Delinquents and Vagrant Law; +4. Criminal offenses for which the law does not allow reduced sentences; +5. Specific offenses to which the Public Prosecution applies the provisions of the +criminal order; and +6. Offenses that are inseparably ass ociated with an offense to which the plea +bargaining process is not applicable. + +Article (362 ) Plea Bargaining In Misdemeanors +1. Plea Bargaining in Misdemeanors shall be carried out by an offer from the Public Prose- +cution to impose one or more of the fol lowing penalties or measures: +a. Payment of the fine prescribed by law for the offense, but not exceeding half of +its maximum value; +b. Waiver, in favor of the State, of the object used, or intended to be used, for committing the offense or which has resulted therefrom; +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 132 + c. Suspension of the license granted to the Defendant for a period not exceeding six +[6] months or revocation thereof; +d. Closure of the business entity or suspension of business activities for a period not +exceeding six [6] months; +e. Performing any community service, subject to the general provisions of law +regulating the same; +f. Denying the Defendant's access to certain public places for a period not exceeding one year, subject to the general provisions of law regulating the same; +g. Prohibiting the use or possession of certain means of communication for a period not exceeding six [6] months or deciding confiscation of the same, subject to the +general provisions of law regulating the same; or +h. Obligating the Defendant to pay provisional compensation for the damage +sustained by the victim, if the latter demands the same. The victim shall be +notified of such a proposal. +2. Under any circumstances, the fine penalty and community service measure shall not be +imposed on a single person co ncurrently. +3. In all cases and without prejudice to the rights of bona fide third parties, if the Defendant +accepts the Plea Bargain, he shall surrender any objects or funds that were used in, in- +tended to be used in, or resulted from, the criminal offense , where such objects or funds +are in his direct or indirect possession or are under his direct or indirect control. + +Article (362 ) Plea Bargaining in Misdemeanors +1. Plea Bargaining in Misdemeanors shall be carried out based on a proposal of the Public +Prosecution to impose one or more of the following penalties or measures: +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 133 + a. Payment of the fine prescribed by law for the offense, but not exceeding half +of its maximum value; +b. Waiver, in favor of the State, of the object used, or intended to be used, for +committing the offense or which has resulted therefrom; +c. Suspension of the Accused's license for a period not exceeding six (6) months +or revocation thereof; +d. Closure of the business entity or suspension of business activities for a period not exceedi ng six (6) months; +e. Performing any community service, subject to the general provisions of law regulating the same; +f. Denying the Defendant's access to certain public places for a period not +exceeding one year, subject to the general provisions of law r egulating the +same; +g. Prohibiting the use or possession of certain means of communication for a +period not exceeding six (6) months or deciding confiscation of the same, +subject to the general provisions of law regulating the same; or +h. Obligating the Defendant to pay provisional compensation for the damage sustained by the victim, if the latter demands the same. The victim shall be notified of such a proposal. +2. Under any circumstances, the fine penalty and community service measure shall not be +imposed on a single person concurrently. +3. In all cases and without prejudice to the rights of bona fide third parties, if the Defendant +accepts the Plea Bargain, they shall surrender any objects or funds that were used in, +intended to be used i n, or have resulted from, the criminal offense, where such objects or +funds are in their direct or indirect possession or are under their direct or indirect control. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 134 + +Article (363 ) Preliminary Offer of The Plea Bargaining in Misdemeanor +Cases +1. The Public Prosecution shall serve the Defendant, if the same is not present, of the of- +fered Plea Bargain, according to the methods and procedures of service set forth in this law. The served notice shall indicate the right of the Defendant to an attorney before ac- +cepting the Public Prosecution's offer. +2. The Defendant shall accept or decline the offer within five [5] business days of the date +of being offered to him or of the date of being served upon him, as the case may be. Fail-ure of the Defendant to respond to the offer shall be construed as a rejection of the Plea +Bargain. + +Article (364 ) Acceptance by the Defendant of The Plea Bargain in +Misdemeanor Cases +If the Defendant accepts the Plea Bargain, the Prosecutor shall draw up an independent +report containing details of the Defendant, a description of the charges brought against him +and the articles of law applicable thereto, as well as the proposed penalties and measures. +Such report shall be signed by the Defendant. + +Article (365 ) Transferring The Plea Barga in in Misdemeanors to The +Competent Court +1. The Public Prosecutor shall transfer the Plea Bargain in Misdemeanors report, after the +same is served upon the Defendant, to the competent criminal court. The court shall, in +chambers, verify the validity of th e procedures, appropriateness of the punishment and +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 135 + absence of invalidation or nullifying factors, and may, under a reasoned decision to be +made at the same scheduled hearing, approve or reject the Plea Bargain. +2. The court's decision approving the Plea B argain on Misdemeanors shall constitute a +judgment establishing termination of the criminal action against the Defendant on set- +tlement grounds. The Defendant shall abide by the content of the court -approved the +Plea Bargain report, shall perform all the ob ligations therein contained, and shall neither +retract his acceptance of such a report nor challenge the same by any means of chal- +lenge. + +Article (366 ) Nullification of and Breaking the Plea Bargain +1. If the Defendant declines, or if the court dismisses, the offered Plea Bargain in a misde- +meanor, the Plea Bargain shall be deemed null and void. In which case, the Public Pros-ecution shall remove or withhold the Plea Bargain report, and the Public Prosecut ion +may proceed with and handle the criminal action by the legally prescribed methods. +2. If the Defendant violates the Plea Bargain conditions or fails to perform his obligations, the Public Prosecution may either institute the criminal action before the competent +criminal court and may obligate the Defendant to fulfil his obligations according to the rules of judgments enforcement set forth herein. +3. If a judgment of conviction is rendered against the Defendant, the work, training or qual- +ificat ion efforts performed by the Defendant in implementation of the Plea Bargain con- +ditions and the funds paid by him in this regard shall be taken into consideration upon +serving the court -ordered sentence. + +Article (367 ) Effect of The Plea Bargain on Rehabi litation +The penalty prescribed under the Plea Bargain process shall not be deemed a criminal +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 136 + conviction that entails rehabilitation. + +Section 2 PLEA BARGAINING IN FELONY CASES + Article (368 ) Provisions of Plea Bargaining In Felony Cases +The Public Prosec ution may, either sua sponte or at the request of the Defendant in respect +of the felonies and misdemeanors that are inseparably associated therewith, where the +investigation procedures are completed and there is strong presumptions that the +Defendant has committed such offenses, make an offer to the Defendant, in the presence of +his attorney, that in exchange for giving a detailed confession of committing such offenses, it +shall request that the Court passes a reduced sentence, as described in Article [370 ] hereof. + +Article (369 ) Scope of Plea Bargaining In Felony Cases +Without prejudice to the provisions of Article [370] hereof, the provisions of the Plea +Bargain shall apply to the felonies punishable by a determinate prison sentence and the misdemeanors that are inseparably associated therewith. + +Article (369 ) Scope of Plea Bargaining In Felony Cases +Without prejudice to the provisions of article (361) hereof, the provisions of the Plea Bargain shall apply to the felonies punishable by a determinate prison sentence and the +misdemeanors that are inseparably associated therewith. + +Article (370 ) Plea Bargaining In Felonies +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 137 + 1. The Prosecution Member, with a rank of not less than a Chief Prosecutor, to be nomi- +nated under a decision of the Attorney General, shall, upon applying the Plea Bargain in +felonies and the misdemeanors that are inseparably associated therewith, propose to +request that the Defendant be sentenced to prison for no more than three [3] years and +no less than three [3] months. +2. In addition to the punishment described in Clause [1] of this Article, the Public Prosecu- +tion may propose to the Defendant that one or more of the punishments described in +Article [362] of this law be imposed on him. +3. The competent court may, either sua sponte or at the request of the Prosecutor, apply +the punishment proposed in the Plea Bargain according to the following: +a. Ordering that the Defendant be placed under electronic monitoring as a +substitute for the custodial sentence, subject to the general provisions regulating +the same; or +b. Applying the provisions regulating the suspended sentences or pardons. +4. The impleme ntation of the Plea Bargain process in felonies shall not preclude the com- +petent court from imposing ancillary or complementary punishments, and rule on what +should be returned, as well as the penal measures, except for the banishment measure +according to the rules and procedures set forth in the law. + +Article (371 ) Preliminary Offer of Plea Bargaining In Felony Cases +1. The Public Prosecution shall serve upon the Defendant or whoever he decides of the +Defendants – if they are not present – his offered Plea Bargain in felonies, according to +the methods and procedures of service set forth in this law. The served document shall +emphasize the need for engaging an attorney. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 138 + 2. The Defendant shall accept or decline the offer no later than ten [10] days of the dat e of +being offered to, or served upon him, as the case may be. Failure of the Defendant to re- +spond to the offer shall be construed as a rejection of the Plea Bargain. + +Article (372 ) Acceptance by the Defendant of on the Plea Bargain In Felony +Cases +1. In case the Defendant accepts the offered Plea Bargain in felonies, the competent Prose- +cutor shall question the Defendant in detail, shall complete the necessary investigation procedures for reinforcing the evidence, and shall then draw up the offer in a separate +report. Such a report shall contain the details of the Defendant, a description of the +charges brought against him and the articles of law applicable thereto, the relevant evi-dence, and place of commission of such crimes. The report shall be signed by both the +Prosecutor and the Defendant. +2. The Prosecutor shall verify that the Defendant's confession is both truthful and con-sistent with the facts, through supporting it by revealing the elements of the crime and its +evidence. + +Article (373 ) Transferring The Plea Bargain In Felonies to The Competent +Court +The Public Prosecution shall transfer the criminal action, together with the report of thePlea +Bargain in felonies, to the competent criminal court according to the procedures prescribed +by law. The Court shall verify the validity and soundness of the Plea Bargaining procedures, +and shall question the Defendant, in the presence of his attorney, about whether he admits the commission of the offense he is charged with. If the Defendant confesse s, the court shall +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 139 + rely upon such confession as sufficient evidence for convicting him and imposing on him the +punishment proposed by the Public Prosecution or imposing on him the punishment prescribed under the provisions of Article [370] hereof. + +Article (374 ) Retraction of Criminal Confession +The Defendant may retract his confession at any stage before the judgment is rendered. In which case, the criminal action shall be sent back to the Public Prosecution to be prosecuted +and processed according to the procedures prescribed by law by a Prosecutor other than the +prosecutor who was party tothe Plea Bargaining procedures. + + +Article (375 ) Nullification of The Plea Bargain In Felonies +1. The Plea Bargain in felonies shall be deemed null and void if the Defendant does not ac- +cept the proposed Plea Bargain or retracts his confession before the judgment being +rendered, or if the court dismisses the same. In which case, the criminal action shall be +prosecuted and processed by the Public Prosecution according to the procedures pre- +scribed by law. +2. Nullification of the confession shall remove all its effects, and such confession shall not +be relied upon as evidence against the Defendant or any third party. +3. Nullification of the Defendant's confession due to retraction shall have no effect on the +validity of the other evidence obtained by the Public Prosecution based on such confes- +sion. +4. The Public Prosecution shall remove or withhold the Plea B argain report and the confes- +sion described in Article [372] of this Law. + +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 140 + Section 3 COMMON PROVISIONS OF PLEA BARGAINS IN MISDEMEANORS +AND IN FELONIES + +Article (376 ) Defendant's Attorney to Attend The Plea Bargaining Sessions +1. Criminal settlement procedures shall be conducted in the presence of the attorney of the +Defendant, and his presence during the Plea Bargain in felonies process shall be deemed mandatory. If, due to financial inability, the Defendant charged with a criminal offense fails to appoint an attorney to defend him, the Public Prosecution shall appoint an attor-ney for him, and the latter's fees shall be paid by the State as described in the law. If the +attorney appointed by the Public Prosecution has any excuses or impediments that +would prevent him from accepting the appointment, he shall immediately communicate +them to the Public Prosecution. If the Public Prosecution admits such excuses or im- +pediments, it shall appoint another attorney. +2. The Defendant and his attorney shall both be enabled to review the criminal action's papers upon conducting the Plea Bargaining procedures. + +Article (377 ) Handover of Objects and Funds +Without prejudice to the rights of bona fide third parties, the Defend ant shall, if he accepts +the Plea Bargain, shall surrender any objects or funds that are involved in, intended to be +involved in, or resulting from, the criminal offense, where such objects or funds are in his +direct or indirect possession or are under his direct or indirect control. + +Article (378 ) Effect of Multiplicity of Convicts on The Plea Bargain Offer +Multiplicity of Defendants involved in the criminal action shall not prevent the Public +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 141 + Prosecution from initiating the Plea Bargaining procedures wit h any or all of them. In which +case, the Public Prosecution shall dispose of the criminal action with regard to the remaining +Defendants according to the procedures prescribed by law. + +Article (379 ) Effect of Plea Bargains on Interruption of Criminal action's +Limitation Period +1. The limitation period of the criminal action shall be interrupted based on the Plea Bar- +gaining procedures. If there are several Plea Bargaining procedures, the limitation period +shall commence as of the date of the last procedure thereof. +2. If there are several Defendants, interruption of the limitation period with regard to any +of them shall give rise to the same interruption with regard to the rest of them. + +Article (380 ) Effects of The Plea Bargain on Filing A Civil Action +1. Subject to the provisions of Article [24.2] of this Law, the victim or the Plaintiff may file a claim with the Public Prosecution seeking provisional compensation from the Defendant for the damage sustained by him. Such a claim shall be recorded in the Ple a Bargain re- +port. In all cases, the filing of such a claim shall not preclude the Public Prosecution from +conducting the Plea Bargaining procedures. +2. The Plea Bargain report shall, after being duly approved, have the legal force of a Writ of +Execution. I n addition, the Plea Bargain shall have no effect on the civil damage accruing +to the victim or the aggrieved party, and shall not prevent the same from resorting to the +civil courts to claim final compensation for the damage sustained. +3. A request from t he victim or the Plaintiff to apply the Plea Bargain with the Defendant +shall be inadmissible, and their statements shall not be heard during the discussions thereto related. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 142 + +Article (381 ) Judge Not to Preside Over the Criminal Action +Subject to the provisions of Article [207] of this Law, if a decision to reject the Plea Bargain is +issued and the Public Prosecution decided to transfer the criminal action to the competent +court, the judge, who rejected the Plea Bargain, shall not presid e over the Action. + +Article (382 ) Challenging the Decision or Judgment Ordering Plea +Bargaining +1. The Public Prosecution and the convict may each challenge, by way of appeal, the judg- +ment rendered on the Plea Bargaining in felony cases, on the grounds of invalid deter- +mination of the punishment, violation, misapplication or misinterpretation of the law, or +procedural invalidity affecting the Plea Bargaining procedures. +2. The Public Prosecution and the convict, who is punished under the Plea Bargaining in +misdemeanors, may challenge, by way of appeal, the decision made thereon on the grounds of violation, misapplication or misinterpretation of the law. The appeal time limit shall commence as of the date of issuance of the decision challenged. The judgment +rendered on the appeal shall be unchallengeable. + + +Chapter 4 Imposing Electronic Monitoring +Section 1 General Provisions + +Article (383) Concept of Imposing Electronic Monitoring on the Defendant +1. The procedure of imposing electronic monitoring on the Defendant is a situation where +the Defendant or the convict is denied the right to be away, beyond the specified times, +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 143 + from his place of residence or any other place designated in the order issued by the Pub- +lic Prosecution or the competent court, as the case may be. Such a procedure is enforced +through electronic means that permits remote monitoring and compels the person un- +dergoing electronic monitoring to carry a closed -circuit electronic transmissio n device +throughout the period of electronic monitoring. +2. Upon designation of the times and places referred to in Clause [1] of this Article, it shall be taken into consideration the convict's practice of any professional or artisanal activity, pursuing his education or vocational training, access to medical treatment or any cir- +cumstances determined by the Public Prosecution or the competent court, as the case +may be. + +Article (384 ) Designation of Means used for Enforcement of Electronic +Monitoring and Implementation Mechanism +1. The Cabinet shall, based on the Minister of Interior's resolution, issue a resolution speci- +fying the means used for enforcement of electronic m onitoring and its implementation +control and mechanism, or may assign the implementation duty to any legal person or +entity licensed to engage in such activity according to the conditions to be included in +the resolution. +2. Under any circumstances, it shall be ensured that the electronic means described in +Clause [1] of this Article preserves the dignity, safety and privacy of the person undergo- +ing electronic monitoring. + +Article (385 ) Resolutions Regulating Remote Control Operations +The Minister of Inter ior shall, in coordination with the relevant judicial bodies, issue the +resolutions regulating the implementation of remote -control operations at the places of +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 144 + electronic monitoring. + +Article (386 ) Monitoring Compliance by the Person Undergoing Electronic +Monitoring +1. The officers, non -commissioned officers and personnel of the police forces at the com- +petent police stations and units shall have the competence to monitor compliance by the +person undergoing electronic monitoring with the content and scope o f the judicial or- +der and judgment imposing electronic monitoring on him, as the case may be. They may also get access, during the times specified in the decision or judgment, to the designated +place of implementation, in order to ensure that the person und ergoing electronic mon- +itoring performs his obligations and is present at the designated place, in addition to +checking the means of his living and proper functionality of the electronic monitoring devices. They shall submit relevant reports to the competent Public Prosecution on the +results of their monitoring. +2. The Minister of Justice may issue a resolution, in coordination with the Head of the rele- +vant body, nominating the public employees other than the categories described in Clause [1] of this Article. Such a resolution shall determine their duties and competences on monitoring compliance by the person undergoing electronic monitoring with his ob- +ligations set forth in this Chapter. + +Article (387 ) Verifying No Harm to Health of the Person Undergoing +Electronic Monitoring +The competent Public Prosecution may, at any time, at the request of the person undergoing +electronic monitoring, engage a licensed and competent physician to verify that the +electronic equipment means involved in the implementation of electronic monitoring does +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 145 + not inflict any harm upon the health of the person undergoing electronic monitoring or the +safety of his body. The physician shall draw up a medical report to that effect. + +Article (388 ) Enforcement of Monitoring Penalty through Electronic Means +The monitoring penalty, as well as the measures set forth in the penal codes in force in the +State, may be enforced through the electronic means in accordance with the provisions and +procedures se t forth in both this Section and Article [404] of this Law. + +Section 2 PROVISIONAL IMPOSITION OF ELECTRONIC MONITORING + Article (389 ) Provisional Imposition of Electronic Monitoring on the +Defendant +1. The Prosecutor may issue an order whereby the Defendant would provisionally undergo +electronic monitoring, based on his approval or at his request, instead of his pretrial de- +tention, under the same conditions set forth in Article [103] of this Law. +2. The said order shall designate the place of residence at which the Defendant is required +to be present, the places to which the Defendant is or is not permitted to go, and relevant +times and dates, along with the other details described in Article [104] of this Law. + +Article (390 ) Order Re No Communication for the Defendant Who is Under +Electronic Monitoring +1. The Public Prosecution may, where the investigation procedures so necessitate, include in the provisional Electronic Monitoring Order an Order Re No Co mmunication, without +prejudice to the Defendant's right to communicate with his attorney at all times. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 146 + 2. The order may also obligate the Defendant to comply with the obligations set forth in +Articles [404.1] and [404.2] of this Law. + +Article (391 ) Crimes for Which No Order of Provisional Electronic +Monitoring Allowed +No order imposing provisional electronic monitoring shall be issued in respect of the +criminal offenses punishable by the death penalty or life imprisonment, the offenses +affecting internal o r external nationality security of the state, and the offenses for which the +law prescribes the measure of banishment from the State. + +Article (392 ) Duration of Provisional Electronic Monitoring +1. Provisional electronic monitoring shall be imposed after the Defendant is questioned, +and shall be valid for thirty [30] days, which may be renewed only once for the same +duration, subject to consent of the Defendant. +2. If the investigation interest requires that the Defendant continue to undergo the provi- +siona l electronic monitoring after the expiration of the durations set forth in Clause [1] +of this Article, the Public Prosecution shall transfer the case file to a judge of the compe- +tent criminal court, in order for the latter to order, after review of the pap ers and hearing +the statements of the Defendant and based on the latter's consent, that the provisional electronic monitoring be extended for a renewable period not exceeding thirty [30] days, +that the electronic monitoring be cancelled and the Defendant b e remanded in custody, +or that the Defendant be released with or without bail. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 147 + 3. Under any circumstances, the judge of the competent criminal court may amend the +times of the Defendant's presence at the place of residence or at the designated places, afte r hearing the statements of the Defendant and consulting the Public Prosecution. + +Article (393 ) Revocation of Provisional Electronic Monitoring Order +1. The Public Prosecution may revoke the order imposing provisional electronic monitoring issued thereby, and issue an arrest warrant against the Defendant undergoing provision- +al electronic monitoring and keep him in remand until investigations are completed, if +there is cogent evidence against the Defendant, if the Defendant violates the obligations +describe d in the order revoked, if the same is requested be the Defendant, or if there are +circumstances that entail such an action. +2. If the order is issued by the judge of the competent criminal court, a new arrest warrant +shall be issued against the Defendant by the same court upon motion of the Public +Prosecution. + +Article (394 ) Imposing Provisional Electronic Monitoring instead of Pret rial +Detention +The judge of the competent criminal court may, while hearing the motion for extending the +electronic monitoring, order that the Defendant undergo provisional electronic monitoring, +subject to the latter's consent, instead of pretrial detention. + +Article (395 ) Rules and Procedures for Appeal against or Revocation of +Provisional Electronic Monitoring Decision +Appealing against or revocation of the decisions imposing provisional electronic monitoring +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 148 + shall be subject to the same rules, procedur es and time limits prescribed for pretrial +detention under Articles [133, 135, 136, 137 and 139] of this Law. + +Article (396 ) Subtracting the Provisional Electronic Monitoring Durations +from Custodial Sentence Terms +Subtracting the provisional electronic m onitoring durations upon enforcement of custodial +sentences shall be subject to the same rules prescribed for pretrial detention under Articles +[294, 295 and 296] of this Law. + +Section 4 IMPOSING PROVISIONAL ELECTRONIC MONITORING INSTEAD OF +CUSTODIAL SENT ENCE +Article (397 ) Imposing Provisional Electronic Monitoring instead of +Confinement +1. When the court renders a judgment of confinement sentence for a term not exceeding +two years, it may indicate in the operative part of judgment that the sentence be en- +forced through electronic monitoring; if it convinced that the circumstances or age of the +Defendant suggests that the latter would not commit a new offense, and that he has a permanent and known place of residence in the State, or if it is convinced that t he De- +fendant is practicing a stable professional job, even if temporarily, or is pursuing his ed- +ucation or recognized vocational training, or that he is the sole breadwinner of his fami- +ly, or based on any other circumstances determined by the court, as the case may be. +2. Imposing the electronic monitoring measure described in this Section shall not apply to the convicted recidivist. + +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 149 + Article (398 ) Commencement of Electronic Monitoring Punishment +Enforcement Duration +The duration of enforcement of the electronic monitoring -based punishment described in +this Section shall commence as of the date of arresting the convict based on an enforceable +judgment. + + Article (399 ) Compliance with Criminal Measures +The court may, up on rendering a judgment indicating that the punishment would be +enforced based on electronic monitoring, include in the operative part of judgment an order that the convict be subject to any of the penal measures described in Articles [111.1, 111.2 +and 127] of the Crimes and Penalties Law [Penal Code] referred to hereinabove. + +Article (400 ) Obligations of the Convict Undergoing Electronic Monitoring +The convict undergoing an electronic monitoring penalty shall keep the Public Prosecution +having the jurisdiction to enforce the judgment notified of the following details: +1. Any changes to his occupation or place of residence; +2. His desire to move or stay away from his designated place of residence for a period +exceeding fifteen [15] days within the State, an d the underlying reasons. He shall +also notify the Public Prosecution upon his comeback. +3. His acceptance to receive periodic visits from the competent officers referred to in +Article [386] of this Law, in order to verify his means of living and performan ce of his +obligations set forth in this Section. +4. Under any circumstances, the convict undergoing electronic monitoring shall only travel abroad after obtaining a permission from the competent court described in +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 150 + Article [405] of this law and consulting t he Public Prosecution, and the court may +withhold such a permission without giving any reasons. If the permission is given, +the decision issued shall specify the travel date and destination and reason, in +addition to date of comeback. The convict shall not ify the Public Prosecution as soon +as he comes back from abroad. The period of the convict's stay abroad shall not be included in the enforcement duration of the court -awarded punishment. + +Article (401 ) Enforcement of Complementary Punishments, Damages and +Legal Costs +Imposing electronic monitoring on the convict shall not preclude the enforcement of +complementary punishments, damages, refundable amounts and legal costs. + +Article (402 ) Supervising the Enforcement of Electronic Monitoring +1. The Public Prosecution shall supervise the enforcement of electronic monitoring based +on periodic reports to be submitted thereto by the competent body on monitoring the +conduct of the convict and performance of his o bligations set forth in this Chapter. +2. The Court that rendered the judgment may subsequently amend the places, tim es or re- +strictions of electronic monitoring, upon motion of the Public Prosecution, or upon mo-tion of the convict after consulting the Public Prosecution. + +Article (403 ) Cases of Mandatory Revocation of Electronic Monitoring Order +The Electronic Monitorin g Order shall be revoked in any of the following instances: +1. If, during the enforcement of electronic monitoring, it becomes known that a final +judgment imposing a custodial sentence had already been rendered against the +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 151 + convict before the issuance of the order imposing electronic monitoring on him, and +of which the court has no knowledge upon issuing the Electronic Monitoring Order; +2. If the medical report issued pursuant to Article [387] of this Law establishes that the +means involved in enforcing the electronic monitoring has inflicted harm upon the +health or safety of the convict's body; +3. If the convict himself requests such revocation; or +4. If enforcement of the electronic monitoring becomes impossible. + +Article (404 ) Cases of Optional Revocation of Electronic Monitoring Order +The Electronic Monitoring Order may be revoked in either of the following instances: +1. If, during the electronic monitoring enforcement period, the convict commits a +premeditated offense for which a pretrial detention punis hment is ordered against +him or for which a custodial sentence is rendered against him. +2. If the periodic follow -up reports referred to in Article [386] of this law reveal +misconduct of the convict or the latter's failure to abide by the measures and obli gations imposed upon him pursuant to Articles [399] and [400] of this Law. + +Article (405 ) The Competent Authority for Revocation of Electronic +Monitoring Order +1. The revocation judgment referred to in Articles [403] and [404] of this law shall be ren- +dere d by the court that ordered the electronic monitoring measure, upon motion of the +Public Prosecution, and after serving a notice to appear upon the convict. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 152 + 2. The court that renders the final judgment imposing custodial sentence pursuant to Arti- +cle [403.1] of this Law shall have the authority, either sua sponte or upon motion of the Public Prosecution, to revoke the Electronic Monitoring Order. + +Article (406 ) Challenging and Opposing the Judgment Revoking the +Electronic Monitoring Order +1. The revocation judgment referred to in the instances described in Article [403] of this +law shall be final and unchallengeable. +2. Judgments of revocation rendered in absentia in the two instances referred to in Article +[404] of this Law may be challenged by way of opposition according to the conditions, +time limits and procedures set forth in Article [229] of this law. The judgment rendered +on the opposition shall be final and unchallengeable. + +Article (407 ) Effect of Revocation of Electronic Monitoring Order +The rendering of a judgment revoking the Electronic Monitoring Order shall require the +convict to serve the court -ordered custodial sentence term which is still enforceable as of the +day of undergoing electronic monitoring. The duration of undergoing electronic monitoring +shall be subtracted fro m the sentence term. + +Section 4 RELEASE AND IMPOSING ELECTRONIC MONITORING ON THE +CONVICT +Article (408 ) Motion to Undergo Electronic Monitoring for Remaining +Sentence Term +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 153 + Any convict punished by a custodial sentence for a term of not less than two years and not +exceeding five [5] years, and who has served half of the sentence term, may file with the Public Prosecution a motion to be released and to undergo electronic monitoring for the +remaining duration of the sentence through the electronic means. + +Article (409 ) Verifying the Motion to Undergo Electronic Monitoring +1. The competent Public Prosecution shall examine the motion referred to in Article [408] +of this law, in order to verify the convict's proper conduct during his stay at the penal in-stitution to such an extent that suggests his self -discipline, and that there his release +would not jeopardize the public order. Next, it shall submit the case file, accompanied by +its opinion, to the court that rendered the sentence judgment. +2. The court may gran t the Motion and decide that the convict both be released and un- +dergo electronic monitoring, if it becomes convinced of the Defendant's good conduct +and attitude, and that it is unlikely for the Defendant to commit any new criminal of-fense. In addition, th e court impose under its decision on the convict any of the +measures and obligations set forth in Articles [399] and [400] of this law. + +Article (410 ) Deciding on the Motion for Release and Undergoing Electronic +Monitoring +1. The court's judgment granting or dismissing the motion for release of the convict and +imposing the electronic monitoring on him shall be final and unchallengeable. +2. If the Motion is dismissed, a new Motion may only be submitted after at least six [6] +months of the date of the judgme nt dismissing the former Motion, unless the new Mo- +tion satisfies the requirements of conditional release described in the Penal institutions +Law referred to hereinabove. +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 154 + +Article (411 ) Rules Applicable to Enforcement of Electronic Monitoring +Order +Enforcement of the Electronic Monitoring Order described in this Section shall be subject to +the same rules set forth in Article [402] hereof. + +Article (412 ) Rules Applicable to Procedures for and Effects of Revocation of +Electronic Monitoring Order +1. The Electronic Monitoring Order described in this Section shall be revoked if any of the +instances set forth in Articles [403.2, 403.3, 403.4 and 404] of this law is satisfied. +2. The procedures for, and effects of, revocation of the Electronic Monitoring Or der shall be +subject to the same rules set forth in Articles [405] and [407] of this Law. +3. Notwithstanding Article [406.2] of this law, the judgment of revocation in the instances +set forth in Clause [1] of this Article shall be final and unchallengeable . + +Article (413 ) Enforcement of Release and Undergoing Electronic Monitoring +The competent authority of conditional release described in the Penal institutions Law may +order that the release and electronic monitoring be enforced through the electronic means +and pursuant to the provisions and procedures set forth in both Section I of this Chapter and Article [401] hereof. + +Part 5 Use of Electronic Technologies in Criminal Procedures + Article (414 ) Scope of Application +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 155 + The law enforcement bodies vested with the authorities of detecting the criminal offenses +and collecting the evidence, the Public Prosecution and the Courts may engage the remote communication technology in the criminal procedures with the Defendant, the v ictim, the +witness, the attorney, the expert witness, the interpreter, the Plaintiff or the Defendant liable +for civil damages. + +Article (415 ) Appearance, Openness and Confidentiality +The provisions of appearance, openness and confidentiality of investigations shall be +fulfilled through the use of remote communication technology if carried out according to the provisions hereof. + +Article (416 ) Conducting Procedures Remotely +The head of the competent body, or his authorized person, may conduct the procedur es +remotely whenever necessary at any stage of the criminal action, in such a way that +facilitates fact -finding, investigation or litigation procedures. + +Article (417 ) Remotely -Conducted Procedures beyond Territorial +Jurisdiction of the Competent Emirate +The procedures may be conducted remotely beyond the territorial jurisdiction of the competent emirate, in coordination with the competent body, if the person - with whom the +underlying procedures is required to be conducted – is present therein. + +Article (418 ) The Defendant's Right to Object +The Defendant may, at the first hearing of trial based on the remote communication +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 156 + technology at any stage of litigation, request his physic al appearance before the court. The +court may grant or dismiss such a request in light of the rules of proper administration of +justice. + +Article (419 ) Attorney's Attendance Alongside the Defendant +Subject to the provisions of this Law, the attorney of th e Defendant may meet or attend +alongside the latter during the procedures of investigation or trial through the remote +communication technology, in coordination with the competent authority. + +Article (420 ) Confidentiality of Remotely -Conducted Procedures +The remotely -conducted procedures shall be electronically recorded and kept, shall be +deemed of a confidential nature, and shall only be circulated, accessed to or copied from the e-information system based on a permission of the Public Prosecution or the competent +court, as the case may be. + +Article (421 ) Application of Information Security Policy +The remote communication technology described in this law shall be subject to the information security regulations and policies in force in the State. + +Article (422 ) Writing Down the Remotely -Conducted Procedures +The competent authority may write down the remotely -conducted procedures in paper or +electronic records or documents to be certified by it with no need to be signed by the persons concerned. + +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 157 + Article (423 ) Use of Remotely -Conducted Procedures with Foreign States +Remotely -conducted procedures may be used for implementing the Letters rogatory and +judicial assistance requests with foreign states according to the provisions of the agreements +and treaties ratified by the State. + +Article (424 ) Use of Remotely -Conducted Procedures with the Juvenile and +Child +Without prejudice to the Law of Juvenile Delinquents and Vagrants, the competent authority shall apply the remotely -conducted procedures with the juvenile s and children. + +Article (425 ) Probative Value of Electronic Signature and Documents +1. The electronic signature shall have the same probative value of the physical signatures +referred to in this law, as long as they observe the provisions set forth in th e Law of Elec- +tronic Transactions and Trust Services. +2. Electronic documents shall have the same probative value of authentic and private-ly-executed paper documents under this law, as long as they observe the provisions set +forth in the Law of Electronic T ransactions and Trust Services. + +Article (426 ) Coordination and Technical and Procedural Assistance +Coordination shall be made by and between the Ministry of Interior, the Ministry of Justice, +the judicial bodies and relevant entities for providing e -sign ature devices, preparing the +rooms, and providing the modern means of communication, with the aim of carrying out remotely -conducted procedures at the competent bodies, penal institutions and other +relevant bodies, and providing necessary technical and pro cedural assistance, in accordance +Federal Decree- Law No. (38) of 2022 Promulgating the Criminal Procedures Law 158 + with the cabinet resolutions to be issued in this respect. + +Article (427 ) Manual or Electronic Implementation of the Provisions of this +Law +1. The crime detection and evidence- gathering bodies, investigation bodies and the courts +may conduct any of the procedures set forth in this Law manually or electronically. +2. The judicial orders, decisions and judgments may be issued manually or electronically. " +justice and juiciary,Federal Law No. 37 of 2006 Concerning Private Security Companies,"Article (1) +The following words and expressions shall the meanings as set out opposite each, unless the +context requires otherwise. +UAE : The United Arab Emirates +Ministry : Ministry of Interior +Minister : Minister of Interior +Police General +Department : : The Police General Department in every Emirate + +Competent +Authority : The department or section at the Ministry or Police General +Department in charge of dealing with, supervising and following up +the works of private security companies. +Company : Security company or establishment or any governmental authority +providing a security service, whether independently or in conjunction +with other services. + +Training +Institute : the security training institute, school or centre which is approved and +licensed by the Ministry or Police General Department. +Security Staff : a security manager, officer, consultant, trainer, supervisor, money +transportation guard, body guard, guard of buildings, facilities, events, +celebrations and activities, whether part time or full time, or any other +person having connection with security s ervice covered by the +provisions hereof. +Training +Course : security training course approved by the Ministry + +Federal Law of 2006 Concerning Private Security Companies. + 3 + " +justice and juiciary,Federal Law No. 37 of 2006 Concerning Private Security Companies,"Article (2) +The provisions of this law shall apply to the Company, whether providing those services as an +independent activity or in conjunction with other commercial activities. + +" +justice and juiciary,Federal Law No. 37 of 2006 Concerning Private Security Companies,"Article (3) +No Company shall be established or licensed to carry out any security services without +obtaining the security approval from the competent authority and completing the procedures +required therefore i n accordance with the regulations and conditions as set out in the +executive regulation hereof. + +" +justice and juiciary,Federal Law No. 37 of 2006 Concerning Private Security Companies,"Article (4) +The Company shall complete the establishment or licensing procedures within six months +from the date of the security approval, failing which the app roval shall be null and void. + +" +justice and juiciary,Federal Law No. 37 of 2006 Concerning Private Security Companies,"Article (5) +The Minister or his representative may cancel the security approval of the Company or +suspend its activities at any time if it no more fulfils any of the conditions on the basis of which +the approval was given, if it goes beyond its tasks as set out in the executive regulation hereof +or if the approval was issued on the basis of inaccurate information. The Competent Authority +shall be notified of such action in order to take actions as required to cancel the licence issued +to the Company. + +" +justice and juiciary,Federal Law No. 37 of 2006 Concerning Private Security Companies,"Article (6) +The Company shall have a head office approved by the Competent Authority and relevant +entities. Such head office should meet the conditions and be appropriately equipped to +Federal Law of 2006 Concerning Private Security Companies. + 4 + perform the tasks as determined by the executive regulation hereof. + +" +justice and juiciary,Federal Law No. 37 of 2006 Concerning Private Security Companies,"Article (7) +The Company shall provide the Competent Authority with all data and information as +required by the executive regulation hereof + +" +justice and juiciary,Federal Law No. 37 of 2006 Concerning Private Security Companies,"Article (8) +Charges for issuing the security approval, licences, annual renewals and any other charges +shall be determined under a resolution by the Cabinet pursuant to a proposal by the Minister. + +Chapter Two Activity of the Company +" +justice and juiciary,Federal Law No. 37 of 2006 Concerning Private Security Companies,"Article (9) +The activity of the Company shall be limited to the Emirate where it is licensed and it may not +operate in another Emirate without obtaining a licence from such Emirate, except in the +events of transporting money or precious items across the Emirates and providing security +protection to individuals while moving between Emirates in accordance with the +requirements and conditions as determined by the executive regulations hereof. + +" +justice and juiciary,Federal Law No. 37 of 2006 Concerning Private Security Companies,"Article (10) +The activity of the Company shall be limited to the security service class as set out in the +licence and it may not provide any other security service without obta ining the security +approval for such service. The security service class shall be determined by the executive +regulation hereof. + +" +justice and juiciary,Federal Law No. 37 of 2006 Concerning Private Security Companies,"Article (11) +Federal Law of 2006 Concerning Private Security Companies. + 5 + The Company may not appoint security staff without obtaining the approval of the +Competent Authority and fulfil al l requirements and conditions as set out in the executive +regulation hereof. + +" +justice and juiciary,Federal Law No. 37 of 2006 Concerning Private Security Companies,"Article (12) +The business of the Company shall be limited to preventive security protection, and shall not +extend to performing the tasks of law enforcement officers. + +" +justice and juiciary,Federal Law No. 37 of 2006 Concerning Private Security Companies,"Article (13) +The Company shall fully coordinate with the Competent Authority to ensure that its activities +are not in conflict with any established security measures. + +" +justice and juiciary,Federal Law No. 37 of 2006 Concerning Private Security Companies,"Article (14) +The Company shall provide means of transportation which allow it to perform its tasks. S uch +means of transportation shall meet the requirements and conditions as determined by the +executive regulation hereof. + +" +justice and juiciary,Federal Law No. 37 of 2006 Concerning Private Security Companies,"Article (15) +The Company shall establish a communication centre at its head office and shall use wired +and wireless communication devic es which are licensed by the Competent Authority. + +" +justice and juiciary,Federal Law No. 37 of 2006 Concerning Private Security Companies,"Article (16) +1. The Company's employees authorized to provide security services in accordance with +this Law and the Executive Regulations hereof may acquire or carry any or a part of +weapon subject to obtaining the approval of the security bodies and the competent +Federal Law of 2006 Concerning Private Security Companies. + 6 + authorities and relevant licenses for both the Company and its employees in conformity +with the controls prescribed by the Executive regulations of this Law. +2. The use of the licensed weapons sh all be governed by the rules and provisions set out in +the Executive Regulations. +3. The Executive Regulations hereof shall determine the type of weapons, equipment, +materials and systems required for the Company's business as well as the conditions and +contr ols for the use, maintenance and the methods of storing of same. + +" +justice and juiciary,Federal Law No. 37 of 2006 Concerning Private Security Companies,"Article (17) +The Company shall procure the security staff to follow a training course to be conducted by +the Training Institute in accordance with the requirements and conditions as determine d by +the executive regulation hereof. + +" +justice and juiciary,Federal Law No. 37 of 2006 Concerning Private Security Companies,"Article (18) +The Company shall provide the security staff with a uniform which is distinct from that of the +police and armed forces in accordance with the specifications, requirements and conditions +as determined by th e executive regulation hereof. + +" +justice and juiciary,Federal Law No. 37 of 2006 Concerning Private Security Companies,"Article (19) +The Company shall maintain organized records of its business and employees as determined +by the executive regulation hereof. The Competent Authority may inspect and check those +records at any time + + +Chapter Three Penalties +Federal Law of 2006 Concerning Private Security Companies. + 7 + " +justice and juiciary,Federal Law No. 37 of 2006 Concerning Private Security Companies,"Article (20) +Without prejudice to any more severe punishment provided for in any other law: + +1. Whoever provides security services in violation of the provisions of article (3) hereof +shall be penalized with a fine of not less than (AED 500,000) five hundred thousand +dirhams. +2. Whoever commits an act in violation of the provisions of article (16) hereof shall be +sentenced to imprisonment and a fine of not less than one million dirhams. +3. Subject to the provisions of the foregoing, whoever vio lates the provisions of this Law or +the Executive Regulations hereof shall be penalized with imprisonment and/or a fine of +not less than (AED 20,000) twenty thousand dirhams and not exceeding (AED 200,000) +two hundred thousand dirhams. +4. The punishments prescribed in this Article shall be doubled in case of recidivism with the +possibility of revoking the Company's license. + +Chapter Four Final Provisions +" +justice and juiciary,Federal Law No. 37 of 2006 Concerning Private Security Companies,"Article (21) +The Minister shall determine the violations and the fines required to be paid by the one +committing such violations, which shall not exceed AED 5,000. + +" +justice and juiciary,Federal Law No. 37 of 2006 Concerning Private Security Companies,"Article (22) + Companies operating in the field of security and protection shall rectify their positions in +accordance with the provisions of this Law and its executive regulation within six months +from the issue date of the executive regulations hereof. + +Federal Law of 2006 Concerning Private Security Companies. + 8 + " +justice and juiciary,Federal Law No. 37 of 2006 Concerning Private Security Companies,"Article (23) +The Minister shall issue the regulations and resolutions required to implement the provisions +hereof. + +" +justice and juiciary,Federal Law No. 37 of 2006 Concerning Private Security Companies,"Article (24) +This Law shall be published in the Official Gazette and shall come into force on the date of its +publication. + + +[Signed] +Khalifa bin Zayed Al Nahyan +President of the United Arab Emirates +Issued by us in the Presidential Palace in Abu Dhabi +On: 17 Ramadan 1427 A.H. +Corresponding to 9 October 2006 + + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1) +The annexed law concerning civil transactions for the United Arab Emirates shall be +enforced. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (2) +This Law shall be published in the official gazette and shall come into effect three months +after its date of publication. + +Zayed bin Sultan Al Nahyan President United Arab Emirates + +Issued by us in the Presidency Palace in Abu Dhabi on: +15 / 12 / 1985 AD +Corresponding : 03 Rabi’ul Thani 1406 A.H. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 2 + Introductory Section: General Provisions +Chapter One: Provisions relating to the application and effect of the law in +time and place +Part 1: The Law and its application +Article (1) +The legislative provisions shall apply to all matters dealt with by those provisions in the +letter and in the spirit. There shall be no scope for innovative reasoning in the case of +provisions of definitive import. If the judge finds no provision in this Law, he must pass +judgment according to the Islamic shar îʿa. Provided that he must have regard to the choice of +the mos t appropriate solution from the schools of Imam Malik and Imam Ahmad bin +Hanbal, and if none is found there, then from the schools of Imam al -Shafiʿi and Imam Abu +Hanifa as dictated by expediency. +If the judge does not fi nd the solution there, then he must render judgment in accordance +with custom, but provided that the custom is not in conflict with public order or morals, and if a custom is particular to a given emirate, then the effect of it will apply to that emirate. + +Article (2) +The rules and principles of Islamic jurisprudence (fiqh) shall be relied upon in the understanding, construction and interpretation of these provisions. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (3) +Public order shall be deemed to include mat ters relating to personal status such as marriage, +inheritance, and lineage, and matters relating to sovereignty, freedom of trade, the +circulation of wealth, rules of private ownership and the other rules and foundations upon which society is based, in su ch a manner as not to conflict with the definitive provisions and +fundamental principles of the Islamic Shari'ah. + + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 3 + Part 2: The application of the Law with regard to time +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (4) +(1) It shall not be permissible to repeal a legislative provision or to suspend the operation of +it save by a subsequent legislative provision expressly so enacting or which includes a +provision inconsistent with the earlier legislative provision or which rearranges the subject +matter the rules for which are already laid down in such legislation. +(2) If a legislative provision repeals an earlier legislative provision and the later legislative provision is itself repealed, such repeal shall not result in the earlier provision coming into force again unless it is expressly so laid down. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (5) +(1) Provisions relating to competence (legal capacity) shall apply to all persons to whom the +conditions laid down in such provisions apply. +(2) If a person is competent under old provisions and he loses that competence under new +provisions, such loss shall not affect his earlier dispositions. + + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (6) +(1) The new provisions relating to limitation of time for claims shall apply as from the time +they come into force to every period of limitation which has not expired. +(2) Provi ded that the old provisions shall apply to questions relating to the commencement +of the running of time, and the suspension and interruption thereof, in relation to the period +prior to the new provisions coming into force. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (7) +(1) If the new provision lays down a limitation period shorter than that laid down in the old +provision, the new period shall apply from the time the new provision comes into effect +notwithstanding that the old period has already commenced. +(2) If, however, the remainder of the period provided for under the old provision is shorter +than the period provided for under the new provision, the period of limitation shall expire +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 4 + upon the expiry of that remainder. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (8) +The provisions relating to evidential proof current at the time such proof was prepared, or +should have been prepared, shall apply thereto. + + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (9) +Times shall be calculated according to the solar (Gregorian) calendar unless the law provides +otherwise. + +Part 3: The application of the Law with regard to place +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (10) +The law of the State of the United Arab Emirates shall be the authoritative source in +determining relationships when the nature of such relationships requires to be determined +in a suit in which there is a conflict of laws as to the law to be applied between the parties. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (11) +(1) The law of the state of which a person has the nationality shall apply to the civil status +and competence of such person but nevertheless in financial dealings transacted in the State of the United Ara b Emirates the results of which materialise therein, if one of the parties is an +alien of defective capacity and the lack of capacity is attributable to a hidden cause which +the other party could not easily discover, such cause shall have no effect on his capacity. +(2) With regard to the legal regulation of foreign juridical persons including companies, +associations, establishments and otherwise, the law of the state in which such bodies have their actual main administrative centre shall apply thereto, and if such a body carries on an +activity in the State of the United Arab Emirates, the national (sc.UAE) law shall apply. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (12) +(1) The substantive requirements for mar riage shall be determined by the law of the state +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 5 + where the marriage was performed. +(2) With regard to the form, a marriage between aliens or between a national and an alien +shall be deemed to be valid if it is contracted in accordance with the rules of th e country in +which it took place, or if the rules laid down by the law of each of the spouses have been +observed. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (13) +(1) The law of the state where the marriage was performed shall govern the personal and +financial effects entailed by the marria ge. +(2) The law of the state where the marriage was performed shall govern divorce by the +husband, divorce officiated by the judge and separation. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (14) +In the circumstances provided for in the two foregoing Articles, if one of the spouses is a +national at the time the marriage is contracted, the law of the United Arab Emirates alone +shall apply, save in respect of the legal capacity to marry. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (15) +Obligations to support relatives shall be governed by the law of the person having such +obligation. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (16) +Substantive matters relating to guardianship, trusteeship and maintenance and other systems laid down for the protection of persons havin g no competence or of defective +competence or of absent persons shall be governed by the law of the person requiring to be +protected. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 6 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (17) +1. Without prejudice to P aragraphs (3) and (4) of this Article, inheritance shall be governed +by the law of the state where the deceased resided at the time of death. +2. The financial rights existing on its territory and belonging to an alien having no heirs shall +devolve to the State. +3. The substantive provisions of will and all dispositions made upon death hall be governed +by the law of the state designated by the will or disposition or the law of the state whose +nationality the person making the disposition holds at the time of death if the will or +disposition does not designate a law. +4. The form of the will and all dispositions made upon death shall be governed by the law of +the state designated by the will or disposition, the law of the state whose nationality the +person ma king the disposition holds at the time of issuance thereof or the law of the state in +which the disposition was made. +5. The laws of the United Arab Emirates shall govern the will issued by an alien regarding his property located at the State. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (18) +(1) Possession, ownership and other rights over property shall be governed by the lex situs +in the case of real property, and movable property shall be subject to the law of the place in +which such property is at the time when the cause resulting in t he acquisition or loss of +possession, ownership or other rights over the property arose. +(2) The law of the state in which property is located shall determine whether such property +is real or movable. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (19) +(1) The form and the substance of contr actual obligations shall be governed by the law of +the state in which the contracting parties are both resident if they are resident in the same state, but if they are resident in different states the law of the state in which the contract was +concluded sh all apply unless they agree, or it is apparent from the circumstances that the +intention was, that another law should apply. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 7 + (2) The lex situs of the place in which real property is situated shall apply to contract made +over such property. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (20) +(1) Non -contractual obligations shall be governed by the law of the state in which the event +giving rise to the obligation took place. +(2) The provisions of the foregoing paragraph shall not apply to obligations arising out of an +unlawful act in connectio n with events taking place abroad which are lawful in the State of +the United Arab Emirates notwithstanding that they are considered to be unlawful in the +country in which they took place. + + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (21) +The rules relating to jurisdiction, and all procedu ral matters, shall be governed by the law of +the state in which the action is brought or in which the procedures are carried out. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (22) +The provisions of the foregoing Articles shall not apply in cases where there is a contrary +provision in a speci al law or in an international convention in force in the State. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (23) +The principles of private international law shall apply in the absence of a relevant provision +in the foregoing Articles governing the conflict of laws. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (24) +The law o f the State of the United Arab Emirates shall apply in the case of persons of +unknown nationality, or persons who are shown to have more than one nationality at the same time. Provided that in the case of persons shown to have at the same time the +nationality of the United Arab Emirates and of another State, United Arab Emirates law must be applied. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 8 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (25) +If it appears from the provisions contained in the foregoing Articles that the law to be +applied is the law of a particular state which has more than one legal system, the domestic +law of that state shall determine which legal system is to be applied. In the absence of a +specific provision, the prevailing system of law, or the law of the place of residence, as the +case may be, shall apply. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (26) +(1) If it is established that a foreign law is to be applied, only the domestic provisions thereof +shall be applied, to the exclusion of those provisions relating to private international law. +(2) Provided that the law of the United Arab Emirates shall apply if international law relating +to applicable law provides that United Arab Emirates law shall apply. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (27) +The provisions of a law designated in Articles (10), (11), (18), (19), (20), (21), (22), +(23), (24), (25) and (26) of the present Code shall not apply if such provisions +contradict the provisions of the Islamic Sharia or the public order or morals in the United Arab Emirates. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (28) +The law of the United Arab Emirates shall be applied if it is impossible to prove the existen ce +of an applicable law or to determine its effect. + + +Chapter Two: Certain jurisprudential maxims and rules of interpretation +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (29) +Ignorance of the law is no excuse. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 9 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (30) +Exceptions may not be used by analogy, nor may their interpretations be extended. + + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (31) +A mandatory provision (of law) shall take precedence over a contractual stipulation. + + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (32) +That without which an obligation cannot be performed is itself an obligation. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (33) +A rule shall depend on its cause for its existence and shall cease to be if the cause ceases to exist. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (34) +Fungibles shall not cease to exist. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (35) +Certainty shall not be removed by a doubt. +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (36) +There is a presumption of continuance. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (37) +There is a presumption that an obligation has been discharged. + + + + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 10 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (38) +There is a presumption against the existence of supervening qualities (i.e. things will be +presumed to be normal and usual unless the contrary is proved). + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (39) +A thing proved to have existed in the past shall be deemed still to exist in the absence of +evidence to the contrary. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (40) +There is a presumption that an event (known to have occurred) has occurred in the immediate past. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (41) +No analogies may be drawn from what is shown to be contrary to analogy (i.e. outside the +normal course of events). + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (42) +(1) No harm shall be done, nor harm done in return. +(2) Harm shall be made good. +(3) Harm may not be made good by causing s imilar harm (in return). + + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (43) +Necessity excuses the doing of a prohibited act. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (44) +A person shall be bound by his admissions. +The averting of evil is better than the doing of good. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 11 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (45) +Compelling need shall not annul the rights of others. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (46) +(1) Custom, whether general or particular, is binding. +(2) Regard shall be had to custom if it is of long duration and continuing, or is prevalent. +(3) Actual facts may be established by reference to custom. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (47) +Customary usage amounts to evidence (of rights and obligations) and shall be abided by. + + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (48) +What custom (or common knowledge) regards as impossible (absurd) shall be treated as +what is in fact impossible (absurd). What custom (or common knowledge) regards as +impossible (absurd) shall be treated as what is in fact impossible (absurd). + + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (49) +Greater (evidential) weight shall be given to the prevailing and the commonplace than to the +rare (and exceptional). + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (50) +That which is established by custom is equivalent to a stipulated condition. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (51) +An obligation under custom has th e same force as an expressly stipulated condition. + + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (52) +Where prohibition conflicts with an obligation, the prohibition shall take precedence. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 12 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (53) +That whi ch is ancillary attaches (to the principal subject matter) and need not be separately +specified. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (54) +If a matter ceases to exist, that which is incidental to it shall also cease to exist. + + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (55) +That which has lapsed (been waived) or cea sed to exist shall not arise again. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (56) +A subordinate matter (right or obligation) shall be annulled if the principal matter (right or +obligation) is annulled. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (57) +If (and only if) the original thing is lost, an obligation may be perfor med by use of a +substitute. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (58) +A disposition affecting the public must, to be valid, be in the public interest. + + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (59) +An answer refers back to the question. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (60) +No regard shall be had to mere possibilities. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 13 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (61) +No regard shall be had to an (act performed in consequence of a) belief which is shown to +be wrong. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (62) +If a matter is established by (proper lawful proof, (the effect is tantamount to the judge being) as an eye -witness. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (63) +A person sh all be bound by his admissions. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (64) +A subsidiary matter may be proved without the principal matter being proved. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (65) +A matter which is (merely) outwardly apparent suffices as a defence (to maintain the status quo), but not to establish a (positive claim of) right. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (66) +The yield (esp. of animals or land) belongs to (him who undertakes) the burden (of making +the payment for the upkeep of the thing producing the yield). + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (67) +(He who has) the advantage (of e.g. an arrangement must bear) the burden (e.g. of +contributing his share). + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (68) +No person may validly make a disposition over the property of another. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 14 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (69) +He who prematurely obtains a thing shall be penalised by being deprived of it. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (70) +No person may resile from what he has (conclusively) performed. + + +Chapter Three : Persons +Part 1 : Natural Persons +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (71) +(1) The personality (status of person) of a human being shall commence at the moment of +being born alive. It shall terminate upon his death. +(2) The law shall lay down the rights of a fetus in utero. + + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (72) +(1) The facts of birth and death shall be recorded (or: proved) by entries in registers kept for +that purpose. +(2) If there is no such evidence or if it should appear that the entries in the register are +incorrect, it shall be permissible to prove the same by any legal means of proof. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (73) +Provisions relating to foundlings shall be laid down in a special law. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (74) +The provisions relating to lost and missing persons shall be laid down in a special law. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 15 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (75) +(1) The nationality of the State of the United Arab Emirates shall be regulated by law. +(2) By the word ""national"", wherever it appears in the Civil Code, shall be meant any person +having the nationality of the United Arab Emirates. By the word ""alien"" shall be meant any +person who does not have the nationality of the United Arab Emirates. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (76) +(1) The family of a person shall consist of his spouse and relatives. +(2) All persons coming from a common stock shall be deemed to be relatives. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (77) +(1) A direct relationship is the relationship of root and branch (direct lineage). +(2) An indirect relationship is the link between persons of a common stock without direct +lineage, whether or not within the degree of consanguinity precluding marriage. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (78) +In calculating the degree of direct relationship each upwards stage of generation to the +source shall be regarded as one degree away from that source. In calculating the degree of +indirect relationship degrees of ascent from the descendants to th e common origin shall be +taken into account, and then downwards from him to the last generation, and each stage +shall be counted as a degree with the exception of the common source. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (79) +One of the relations of the spouses shall be regarded as having the same degree of relationship to the other spouse. + + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 16 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (80) +(1) Each person shall have a name and a surname, and his surname shall attach to the +names of his children. +(2) A special law shall regulate the manner of acquisition and changing of names and +surnames. +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (81) +(1) A residence (mawtin) is the place in which a person normally resides. +(2) A person may have more than one residence at the same time. +(3) If a person does not have a place in which he normally resides, he shall be deemed to be +without a residence. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (82) +The place in which a person carries on a trade, profession or occupation shall be deemed to +be a residence in connection with the administ ration of the business relating to such trade, +profession or occupation. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (83) +(1) The residence of a person of defective capacity or a person under a restriction, and +missing or absent persons, shall be the residence of the person representing s uch persons at +law. +(2) A person of defective capacity who is authorised to trade shall have a special residence +in relation to the work and dealings which the law regards him as having capacity to transact. +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (84) +(1) It shal l be permissible to adopt an elective place of residence to carry out a specific legal +operation. +(2) An elective place of residence may only be proved by writing. +(3) An elective place of residence to carry out a legal operation shall be the residence i n +relation to all matters connected with that operation including compulsory enforcement +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 17 + proceedings unless it is expressly stated that that residence is restricted to certain matters +exclusively. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (85) +(1) Every person who has reached the age of majority in possession of his mental powers +and who has not been placed under a restriction shall be of full capacity to exercise his rights laid down in this law and the laws deriving from it. +(2) A person shall be of the age of majority upon reaching t he age of twenty one lunar years. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (86) +(1) No person who lacks discretion by reason of youth, imbecility or insanity shall be +competent to exercise his civil rights. +(2) Persons under the age of seven years shall be deemed not to have reached t he age of +discretion. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (87) +Any person who has reached the age of discretion but has not reached the age of majority and any person who has reached the age of majority but is an idiot or of unsound mind shall +be of defective capacity under the law. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (88) +Persons of no capacity or of defective capacity as the case may be shall, with regard to +guardianship, tutelage and custodianship, be subject to the relevant conditions in +accordance with the rules laid down by law. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 18 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (89) +No per son may divest himself of his personal liberty or of his capacity, or vary the +concomitants thereof. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (90) +Any person who suffers an unlawful infringement of any of the rights appurtenant to him as +a person shall have the right to require that suc h infringement cease, together with +compensation for any damage suffered by him. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (91) +Any person whose use of his name or surname or both is disputed by another without justification or whose name or surname or both are wrongfully assumed by anot her shall +have the right to require that such infringement do cease and to claim compensation for any +harm suffered. + +Part 2: Juridical Persons +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (92) +Juridical persons shall consist of the following: - +(a) the State, the (individual) Emirates, the Municipalities and other administrative units, +under the conditions laid down for them by law; +(b) public departments, authorities and bodies and public institutions and establishments +upon which a judicial person ality is conferred by law; +(c) Islamic bodies recognised by the State as having a juridical personality; +(d) waqfs; +(e) civil and trading companies, save as excluded by a special provision; +(f) private societies and establishments established in accordance with the law; and +(g) any grouping of persons or property having a juridical personality under the provisions +of the law. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 19 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (93) +(1) A juridical person shall enjoy all rights, save those pertaining (exclusively) to the capacity +of being a na tural person, within the limits laid down by law. +(2) Such persons shall have:‑ +(a) separate financial liability; +(b) legal capacity within the limits laid down by the document establishing it, or as laid +down by law; +(c) the right to bring proceedings ; and +(d) a separate place of residence. The place of residence of a juridical person shall be +deemed to be the place in which it has its administrative centre, and so far as concerns +juridical persons whose head office is abroad but which carry on an ac tivity in the State, +their administrative centre, with regard to the law of the State, shall be deemed to be the +place at which the local administration is situated. +(3) Such persons must have a (natural) person to express their intentions. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (94) +Juridical persons shall be subject to the special laws pertaining to them. + +Chapter Four: Things and property +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (95) +Property (""mal"") is anything or right having a material value in dealing. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (96) +Property may be ""mut aqawwim"" or ""non -mutaqawwim"". Mutaqawwim property is that +which it is permissible for a Muslim lawfully to enjoy, and non -mutaqawwim property is +that which it is not permissible for a Muslim lawfully to enjoy. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 20 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (97) +Any thing which can be possess ed whether physically or constructively, or which may be +lawfully enjoyed, and which does not by its nature or by operation of law fall outside the +scope of dealing (transactions), shall be a proper subject of property rights. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (98) +Things which a re by their nature outside the scope of dealing are those which no person +may possess exclusively, and things which are outside the scope of dealing by operation of law are those which the law does not permit to be the subject of property rights. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (99) +(1) Fungible things are those whose units or parts are of a replaceable nature, or nearly so , +in such a way that by custom other things can take their place without any appreciable distinction, and which are calculated in dealing by number, measurement, capacity or weight. +(2) Non -fungibles are those things whose individual instances differ appr eciably as to +description or value, or which are unique in circulation. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (100) +(1) Consumable things are those the nature of which cannot be enjoyed save by consuming +or spending them. +(2) Usable things (durables) are those which can only be enj oyed by repeated use, they +retaining their specific identity. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (101) +Any thing of a permanently fixed nature and which cannot be removed without damaging or altering its surroundings shall be regarded as real property. Everything else shall be +regarded as movable property. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 21 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (102) +Real property by allocation (i.e. intended to serve as part of the real property) is movable +property placed by an owner in real property of his, with the intent of its being used or +exploited, even though not ( permanently) fixed to the real property. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (103) +(1) All real property or movables owned by the State or public juridical persons, allocated in +fact or in law for the public benefit, shall be deemed to be public property. +(2) In no circumstances may such property be disposed of or distrained (attached) or pass +into (private) ownership by effluxion of time. + +Chapter Five: Rights +Part 1: The scope and exercise of rights +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (104) +The doing of what is permitted by law negates liability, and no pe rson who lawfully +exercises his rights shall be liable for any harm arising thereout. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (105) +(1) It is proper that a private harm be borne to avert a public harm. +(2) It is proper that a greater harm be removed by (inflicting) a lesser harm. + +Part 2: The abuse of rights +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (106) +(1) A person shall be held liable for an unlawful exercise of his rights. +(2) The exercise of a right shall be unlawful: +(a) if there is an intentional infringement (of another's rights); +(b) if the interests w hich such exercise of right is designed to bring about are contrary to the +rules of the Islamic Shari'ah, the law, public order, or morals; +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 22 + (c) if the interests desired are disproportionate to the harm that will be suffered by others; or +(d) if it exceeds the bounds of usage and custom. + +Part 3: Types of rights +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (107) +A right may be personal, property or moral (choses in action). + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (108) +A personal right is a legal relationship between an obligee and an obligor whereby the +obligee has a claim against his obligor for the transfer of a property right, or to perform or +refrain from performing an act. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (109) +(1) A property right is a direct power over a particular thing, given by law to a particular +person. +(2) A property right may be original or consequential. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (110) +(1) Original property rights are rights of ownership, disposal, usufruct, use, residence or +shared occupati on, rights of easement, waqfs, and rights which the law provides shall be +deemed to be such. +(2) Consequential property rights are mortgages for security, possessory mortgages, and +liens. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (111) +(1) Moral rights are those which subsist over a non -material thing. +(2) Rights of authors, inventors, artists, and rights in trademarks and other moral rights, shall +be governed by the provisions of special laws. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 23 + Part 4: Proof of rights +1- Categories of ev idence +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (112) +Evidence to prove a right shall take the following forms: - +(a) writing; +(b) testimony; +(c) circumstantial evidence; +(d) eye-witness and expert evidence; +(e) admissions; and +(f) evidence on oath. + +2- General rules of proof +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (113) +The burden lies on an obligee to prove his right, and on an obligor to refute it. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (114) +Writing, testimony and conclusive circumstant ial evidence, as well as eye- witness and +expert evidence, shall be valid as against other parties, but an admission shall be valid +against the maker thereof alone. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (115) +Any testimony by which an advantage is gained by or a detriment averted from the witness +shall be rejected. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (116) +The testimony of a deaf person, and his oath, shall be admitted by his accustomed signs, if +he is unable to write. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 24 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (117) +The burden of proof is upon him who asserts, and the oath (of denial) must be taken by him +who denies. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (118) +(Independent) evidence must be produced to establish what is contrary to the apparent +facts, and the oath must be taken to show that the facts presumed to exist are true. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (119) +The oath shall be accepted f rom one who takes it to discharge himself, but not to bind +another. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (120) +(1) The oath shall only be taken on the application of the opposing party. +(2) It shall be permissible for the judge, of his own motion, to direct that a party take th e +oath in the following circumstances: +(a) if he claims a right in an inheritance and establishes the same, he shall take the oath of +istithaq to show that he has not received what is due to him from the deceased, and that he has not discharged him, that he has not assigned his rights to another, and that there is no +pledge in existence as against such right; +(b) in the event of proof of his entitlement to property, he shall take the oath to show that +he has not sold such property or that he has not given it as a gift, or that it has not left his +possession by any other means; +(c) in the event that a sale is rescinded for a defect, he must swear that he did not consent to +the defect either by word or deed; or +(d) in the event of a judgment for a right of pre-emption, he must take the oath to show that +his right of pre -emption has not lapsed for any reason. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 25 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (121) +The evidence of a translator registered in the special register shall be accepted, as laid down +by law. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (122) +Conflicting ev idence shall have no force, but (sic) it shall be of no effect in the judgment of a +court if it is proved thereafter, and an interested party shall have a claim for indemnity against the witness. + +3- Application of the rules of proof +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (123) +In the rules and procedures for proof and the adducing of evidence of a right, the Courts +shall apply the provisions laid down in special laws, to the extent that the same do not conflict with the foregoing provisions. + +Book One: Personal obligations and rights +Section 1: Sources of obligation or personal rights +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (124) +Personal obligations or rights shall arise out of dispositions, legal events and the law, and the sources of obligations shall be as follows:- +1. contracts; +2. unilateral acts; +3. acts causing harm (torts); +4. acts conferring a benefit; and +5. the law. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 26 + Chapter 1: Contracts +Part 1: General provisions +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (125) +A contract is the coming together of an offer made by one of the contracting par ties with the +acceptance of the other, together with the agreement of them both in such a manner as to +determine the effect thereof on the subject matter of the contract, and from which results an +obligation upon each of them with regard to that which each is bound to do for the other. +There may be a coincidence of more than two wills over the creation of the legal effect. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (126) +The following may be the subject matter of a contract: +(a) property, whether m oveable or immoveable, or corporeal or incorporeal; +(b) benefits derived from property; +(c) a particular act or service; and +(d) any other thing which is not prohibited by a provision of the law and is not contrary to +public order or morals. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (127) +A contract to do an unlawful thing is unlawful. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (128) +(1) The general provisions contained in this Part shall apply to nominate and innominate +contracts. +(2) With regard to rules applying to certain contracts only, the special provisi ons governing +the same shall be laid down in this Law or in other laws. + + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 27 + Part 2: The elements, validity and effect of the contract, and options +1- The making of the contract +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (129) +The necessary elements for the making of a contract are: ‑ +(a) that the two parties to the contract should agree upon the essential elements; +(b) the subject matter of the contract must be something which is possible and defined or +capable of being defined and permissible to be dealt in; and +(c) there must be a lawf ul purpose for the obligations arising out of the contract. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (130) +A contract shall be made by virtue solely of the confluence of offer and acceptance, subject +to the specific provisions laid down for the making of the contract by law. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (131) +Both offer and acceptance are any expression of intent used to create a contract. The first to +be uttered is the offer, and the second the acceptance. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (132) +An expression of intent may be made orally or in writing, and may be expressed in th e past +or present tense or in the imperative if the present time is intended or by such means as are +customary even by a person who is not dumb, or by an interchange of acts demonstrating +the mutual consent or by adopting any other course in respect of whi ch the circumstances +leave no doubt that they demonstrate mutual consent. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (133) +The form of acceptance having the purport of a bare promise will give rise to a contract by way of binding promise if such is the intention of both parties. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 28 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (134) +(1) An offer of goods or services accompanied by an indication of the consideration shall be +regarded as an offer. +(2) A publication or advertisement or a current price list or any other statement connected +with offers or orders directed towards the public or individuals shall not in the event of +doubt be treated as offers but only as an invitation to enter into a contract. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (135) +(1) A person who remains silent shall not be deemed to have made a statement, but silence +in the face o f a circumstance in which a statement is called for shall be regarded as an +acceptance. +(2) In particular, silence shall be deemed to be an acceptance if there has been a prior +dealing between the contracting parties and the offer is related to such deali ng or if the offer +will bring about a benefit to the person to whom it is made. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (136) +The contracting parties shall retain the option (to rescind) from the time the offer has been made until the time the majlis ends, and the offer shall be avoided if the offeror retracts it +after making it and prior to its being accepted by the other side or if either of the contracting parties says or does anything to demonstrate that he is resiling from it, and no acceptance +made after that shall be of any effec t. +[Tr: This section embodies the Shari'a concept of ""khiyar al -majlis"" - literally ""the option of +the session"". This means that while the two parties are still in session, i.e. they have not +gone their separate ways, and are still effectively together, each party retains the right to +revoke any agreement made between them from the moment they came together]. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (137) +If the parties concern themselves during the majlis of the contract with extraneous matters, +that shall be regarded as rejection of the matter in hand. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 29 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (138) +A repetition of the offer prior to acceptance annuls the first offer, and the last made offer +shall be regarded as the valid one. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (139) +(1) If a time is fixed for the acceptance to be given, the offeror shall be bound to keep to his +offer until such time expires. +(2) The time may be inferred from the circumstances of the case or from the nature of the +transaction. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (140) +(1) The acceptance must coincide with the offer. +(2) If the acceptance exceeds the subject matter of the offer or places a restriction on it or +varies it, that shall be regarded as a rejection containing a new offer. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (141) +(1) A contract may only be made upon the agreement of the two parties to the essential +elemen ts of the obligation, and the other lawful conditions which the parties regard as +essential. +(2) If the parties agree on the essential elements of the obligation and the remainder of the +other lawful conditions which both parties regard as essential and t hey leave matters of +detail to be agreed upon afterwards but they do not stipulate that the contract shall not be +regarded as made in the event of absence of agreement upon such matters, the contract +shall be deemed to have been made, and if a dispute aris es as to the matters which have not +been agreed upon, the judge shall adjudicate thereon in accordance with the nature of the +transaction and the provisions of the law. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 30 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (142) +(1) A contract made between parties not in each other's presence shal l be deemed to have +been made at the time and place at which the offeror learns of the acceptance unless there is +an agreement or a provision of the law to the contrary. +(2) The offeror shall be deemed to have learned of the acceptance at the time and pla ce at +which such acceptance reaches him unless there is evidence to the contrary. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (143) +A contract made by telephone or by any similar means shall be regarded, so far as concerns place, as if it had been made between the contracting parties otherwise than in a single +majlis with them both present at the time of the contract, and with regard to time, it shall be +regarded as having been made between those present at the majlis. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (144) +A contract by way of auction shall only be made by the bi d being accepted, and an offer shall +lapse upon a higher offer being made even though the higher offer may be void, or upon the auction ending without a bid being accepted. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (145) +Acceptance in contracts of adhesion shall be by virtue of simple delivery on conditions similar to those made to all his customers by an offeror who does not accept any negotiation +about those conditions. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (146) +(1) An agreement whereby both or one of the contracting parties undertake to make a +specific contract in the future may only be made if all of the essential matters of the contract +intended to be made and the period within which it is to be made are specified. +(2) If the law requires that for a contract to be perfected a certain specified form should be +used, that form must likewise be observed in the agreement containing the promise to make +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 31 + such contract. +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (147) +If a person promises to make a contract and then renegues and is sued by the other person +for the performance of the promise and the c onditions necessary for the making of the +contract, in particular the form, are satisfied, the judgment shall, when it becomes final, +stand as the contract. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (148) +(1) Payment of earnest money shall be regarded as evidence that the contract has become +final and irrevocable unless the agreement or custom are to the contrary. +(2) If the two parties agree that the earnest money shall be forfeited in the event of +reneguing, each of them shall have the right to renegue, and if the person who has paid the +money renegues he shall lose it, and if the person receiving it renegues, he shall pay over +double that amount. + +2- Agency in contracting +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (149) +A contract may be made by a principal and it may also be made by an agent unless the law +stipulates otherwise. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (150) +(1) The agency in the contract may be by agreement or by law. +(2) The deed of agency {power of attorney) issued by the principal shall specify the extent of +the powers of the agent if the agency is by agreement, and the law sh all specify such powers +if the agency is by law. + + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 32 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (151) +If a person makes a contract on his own and for his own account then he shall be bound by +the provisions of it to the exclusion of other persons. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (152) +(1) If a contract is made by means of an agency, it is the person of the agent and not the +person of the principal to whom regard shall be had when considering defects in consent or +the effect of knowledge of certain special circumstances or a presumption of knowledge +thereof. +(2) Nevertheless, if the deputy is an agent acting in accordance with specific instructions +given to him by his principal, the principal may not rely on the ignorance of the agent of +circumstances of which the principal knew or which he is presumed to have k nown. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (153) +If the agent makes a contract within the limits of his authority in the name of the principal, +the provisions of that contract and the rights (obligations) arising therefrom shall devolve +upon the principal. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (154) +If the par ty making a contract does not state at the time the contract is made that he is +contracting in his capacity as agent, the effect of the contract will not attach to the principal either as obligeee or obligor unless it is conclusively presumed that the pers on with whom +the agent contracted knew that he was an agent or if it was a matter of indifference for him whether he was contracting with the principal or the agent. + + + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 33 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (155) +If the agent and the person contracting with him are both ignorant at t he time the contract is +made of the agency having been terminated, the effect of the contract made by the agent +will attach to the principal or his successors. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (156) +It shall not be permissible for a person to contract with himself in the name of the person for +whom he is an agent whether the contract is for his own account or for the account of another party without authorisation from the principal, but provided that it is permissible or the principal in that event to approve the contract, having regard in all of the above to any +contrary provisions of the law or commercial practice. + +3- The capacity to contract +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (157) +Every person shall have capacity to contract unless that capacity is taken from him or restricted by operation of law. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (158) +A minor who is not of the age of discretion shall not have the right to deal in his property, +and all his dealings shall be void. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (159) +(1) Financial dealings of a minor of the age of discretion shall be valid if they are purely for +his own benefit, and void if they are purely to his detriment. +(2) Dealings falling between pure benefit and pure detriment shall depend upon the +consent of the guardian within the limits within which it is permissible for him to make +dispositions either immediately or by ratification by the minor after his attaining the age of +adulthood. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 34 + (3) The age of discretion shall be 7 complete Hijra years. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (160) +(1) A guardian may permit a minor who has reached the age of 18 Hijra years to receive all +or part of his property to administer it. +(2) It shall be permissible for the court upon hearing the evidence of the guardian to permit +a minor who has attained the age of 18 Hijra years to receive all or some of his property to +administer it. +(3) The pro visions relating to the above shall be laid down by law. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (161) +A minor who is authorised to make dealings within the terms of the authorisation shall have the same status as an adult. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (162 ) +It shall not be permissible for a minor whether under guardianship or tutelage to trade +unless he has attained the age of 18 Hijra years, and the court has given him absolute or +limited authority so to do. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (163) +(1) A judge may grant authorisation to a minor of the age of discretion where h is guardian +has withheld authorisation, and the guardian may impose no restriction upon the minor thereafter. +(2) The judge may, after giving authorisation, reimpose the restriction upon the minor. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (164) +The guardian of the property of a minor s hall be first his father then the executor of his +father then the true grandfather then the judge or the guardian appointed by the judge. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 35 + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (165) +The law shall determine the necessary capacity which the guardian must have in order to +exercise his r ights of guardianship over property. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (166) +Contracts of administration issued by a guardian over the property of a minor shall be valid and effective in accordance with the conditions and provisions laid down by law. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (167) +Dispositions made by the guardian in respect of the property of a minor not falling within +acts of administration shall be valid and effective in accordance with the provisions and conditions laid down by law. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (168) +(1) Minors, insane persons and imbeciles shall be ipso facto under a restriction. +(2) With regard to idiots and persons under a mental disability, the judge shall impose +restrictions upon them and lift such restrictions in accordance with the rules and procedures laid down by law. +(3) Notice sha ll be given of the restricting order to the persons so restricted, and the reason +therefor shall be publicly declared. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (169) +Adult insane persons and imbeciles who are under a restriction shall be of the same status as +a minor of no capacity. + + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 36 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (170) +(1) Dispositions made by an idiot or person suffering from a mental disability occurring +after either an application for a restriction has been made or after an order in that behalf has +been made or after an application or order for restora tion of guardianship has been made +shall be subject to the same provisions as govern dispositions made by persons of defective +capacity. +(2) With regard to dispositions made prior to such restriction, they shall not be void or +voidable unless they result from exploitation or conspiracy. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (171) +(1) It shall be permissible for the court to permit a person under a restriction on the grounds +of idiocy or mental disability to have all or part of his property for administration thereof. +(2) The law shall lay down provisions in that behalf. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (172) +The laws shall set out the procedures to be followed with regard to restrictions over +restricted persons, the management and exploitation of their property, and dealing therein, +and other questions re lating to guardianship, tutelage and protection. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (173) +If a person is deaf and dumb or blind and deaf, or blind and dumb and he is by reason +thereof unable to express his intent, it shall be permissible for the judge to appoint a judicial +assistant for him to help him in his dispositions if his interests so require, in such manner as +is laid down by law. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (174) +Dispositions made by guardians, tutors or protectors shall be valid within the limits laid +down by law. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 37 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (175) +If a pers on of defective capacity uses deceitful means to conceal his defect in capacity, he +shall be bound to pay compensation. + +4- Defects in Consent +a- Duress +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (176) +Duress is coercion of a person without the right of so doing to perform an act without his +consent. Duress may be forcible or non -forcible, and may be material or moral. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (177) +Duress is forcible if it is threat of grave and imminent danger to person or property. It is +non -forcible if it involves a lesser threat. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (178) +A threat to cause harm to a person's parents, children, spouse or sibling or a threat of a risk +prejudicial to honour shall be regarded as duress, and may be forcible or non -forcible as the +case may be. +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (179 ) +Forcible duress nullifies consent and v itiates free choice. Non -forcible duress nullifies but +does not vitiate free choice. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (180) +Duress may vary according to different persons, their age, weakness, position, rank, +influence, the degree to which they are hurt by the duress whether lesser or greater, and by any factor which may affect the seriousness of the duress. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 38 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (181 ) +In order for there to be duress the person exercising it must be capable of carrying out his +threat, and the victim must believe that the threat will be car ried out immediately if he does +not do that which he is coerced into doing. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (182) +A person who exercises either kind of duress to conclude a contract may not enforce his contract, but the contract will be valid if the victim or his heirs so permi t after the threat has +ceased, either expressly or by their acts. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (183) +If a husband coerces his wife by beating her or forbidding her to see her family or the like, to cede to him a right of hers or to give him property, the disposition will not be effective. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (184) +If the duress is exercised otherwise than by one of the contracting parties, the person +coerced into contracting may not claim that the contract is ineffective unless he proves that +the other contracting party knew or is pres umed to have known of the duress. + +b- Deception and cheating +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (185) +Misrepresentation is when one of the two contracting parties deceives the other by means of trickery of word or deed which leads the other to consent to what he would not otherwise +have consented to. + + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 39 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (186) +Deliberate silence concerning a fact or set of circumstances shall be deemed to be a +misrepresentation if it is proved that the person misled thereby would not have made the +contract had he been aware of that fact or set of circumstances. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (187) +If one of the contracting parties makes a misrepresentation to the other and it transpires that +the contract was concluded by a gross cheat, the person so misled may cancel the contract. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (188 ) +Gross cheating involving land or otherwise is a bargain which no ordinary person +conversant with that market could contemplate as reasonable. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (189 ) +If the cheating, however, slight, affects the property of a person under judicial restriction on +account of a debt or a terminally ill person, and that person's liabilities exceed his assets, the +contract shall be dependent upon the cheating being redressed, or the consent of the +creditors, otherwise it shall be void. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (190 ) +If the misrepresentation is made by a person other than the contracting parties, and the +person to whom the misrepresentation was made proves that the other contracting party +knew of the misrepresentation, it shall be permissible for him to cancel the contract. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (191 ) +A contract may not be cancelled on the basis of a gross cheat in the absence of +misrepresentation save in respect of property of a person under restriction, waqf property, +and property of the State. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 40 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (192 ) +The right to cancel for misrepresentation and gross ch eat shall lapse on the death of the +person having the right to apply for the cancellation or upon a dealing made in the subject +matter of the contract in whole or in part in such a way as implies consent, or if the property is destroyed while in the posses sion of the person who would otherwise have such right, or +if he consumes it, damages it, or increases it. + +c- Mistake +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (193 ) +No regard shall be had for any mistake save in so far as it is contained in the form of the contract or demonstrated by th e surrounding circumstances and conditions, or the nature of +things, or custom. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (194) +If there is a mistake as to the identity of the contract or as to one of the conditions upon +which it is made or as to the subject matter of the contract, the contract shall be void. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (195) +A contracting party shall have the right to cancel the contract if he has made a mistake in a +desired (non -essential) matter such as a characteristic of the subject matter of the contract or +the identity of the other contracting party or as to a characteristic of such person. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (196) +A contracting party shall have the right to cancel the contract if he makes a mistake of law and the conditions relating to a mistake of fact under Articles 193 and 195 are satisfied, +unless the law provides otherwise. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 41 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (197) +A mere mistake in an account or in a writing shall not affect the contract, and it shall simply +be rectified. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (198) +A person who has made a mistake may not rely on it in a manner inconsiste nt with good +faith. + +5- The subject matter and purpose of the contract +a- The subject matter of the contract +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (199) +Every contract must have a subject matter to which it attaches. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (200) +(1) In transactions involving property, the subject matter of the contract must be property +which may lawfully be dealt in. + (2) The subject matter may be specific property or a benefit or any other right in property, +and likewise the subject matter may be an act or refraining from an act. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (201) +If the subject matter is inherently impossible at the time the contract is made, the contract shall be void. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (202) +(1) A future thing may properly be the subject matter of commutative contracts involving +property, in the absence of uncertainty (Gharar see Chapter IV of Book Two). +(2) It shall not, however, be permissible to deal in the after death estate of a person still +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 42 + living notwithstanding that that person may have consented, save in the cases provided for +by law. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (203) +(1) In commutative contracts involving property the subject matter must be specified in +such a way as to avoid gross uncertainty by reference to it or to the place where it is if it is in +existence at the time of the contract or a statement of its distinguishing character­istics, and +the amount thereof must be stated if it is measurable property or the like, so as to avoid +gross uncertainty. +(2) If the subject matter is known to both contracting parties there is no requirement that it +should be otherwise described or defined. +(3) If the subject matter is not specified as aforesaid, the contract shall be void. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (204) +If the subject matter of the disposition or the consideration therefor is money, its amount and type must be specified without any increase or decrease in the value of that money at +the time of payment having any effect. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (205) +(1) The subject matter must be such as falls within the ambit of a contract. +(2) If the law prohibits dealing in a thing or if it is contrary to public order or morals, the +contract shall be void. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (206) +The contract may be accompanied by a condition confirming its purport or consistent with it or in accordance with usage and custom or containing an advantage to one of the +contracting parties or a t hird party, provided that in the case of all of the foregoing it is not +prohibited by law or contrary to public order or morals, otherwise the condition shall be +void and the contract shall be valid, unless the condition is the inducement to make the +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 43 + contr act, in which case the contract also shall be void. + +b- The purpose of the contract +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (207) +(1) The reason is the direct purpose aimed at by the contract. +(2) The reason must be existent, valid, and permitted, and not contrary to public order or +morals. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (208) +(1) The contract shall not be valid if it does not contain a lawful benefit to both contracting +parties. +(2) A contract shall be presumed to contain such lawful benefit unless there is evidence to +the contrary. + +6- Valid, void a nd defective contracts +a- The valid contract. +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (209) +A valid contract is a contract which is lawful in its essence and description, being made by a +competent person in respect of a subject matter properly falling within the ambit of a contract, havi ng an existing, valid and lawful purpose and in proper form, and +unaccompanied by any vitiating condition. + +b- The void contract +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (210) +(1) A void contract is one which is unlawful in its essence and form, lacking the elements of +a contract or defective in its subject matter or purpose or form as laid down by law for the +making of a contract, and such contract shall be of no effect and shall not be capable of +being rectified by consent. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 44 + (2) Any person having an interest may rely on the voidness of the contract and a judge may +so rule of his own motion. +(3) No claim (for a declaration) that a contract is void shall be heard after the expiry of 15 +years from the date the contract was made, but any person having an interest may raise the +defence of the voidness of the contract at any time. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (211) +(1) If part of a contract is void the entire contract shall be void unless the subject matter of +each part is (separately) specified in which case it shall be void as to the void part, and the +rem ainder shall be valid. +(2) If part of a contract is dependent upon the grant of a consent, then if the consent is given +the whole contract will be effective and if the consent is not given only that part will be void +together with the consideration theref or, and the remainder of the contract with its +consideration will be valid. + +c- The defective contract +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (212) +(1) A voidable contract is one which is lawful in its essence but not in form, and if the cause +of the voidability is removed, the contra ct shall be valid. +(2) A transfer of ownership under a voidable contract shall only be effective if the property +itself has been received. +(3) A voidable contract shall only have effect within the area laid down by the provisions of +the law. +(4) Each o f the parties to the contract and their heirs shall have the right to cancel the +contract after giving notice to the other contracting parties. + + + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 45 + 7- Suspended and non- binding contracts +a- The suspended contract +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (213) +A disposition shall be dependent for the effectiveness thereof upon ratification if it is made +by a volunteer in respect of property belonging to another or by an owner in respect of +property of his encumbered by a third party right or by a person lacking capacity in respect +of his own property, where such transaction lies in the area between (pure) advantage and +(pure) detriment or is made under duress, or if the law so provides. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (214) +The right to grant or withhold consent to the contract shall be that of the owner or th e +person in whose favour the right over the thing contracted for exists, or in the tutor or +guardian, or in the person of defective capacity after the defect has been remedied, or the +person who has suffered duress after the duress has been removed, or suc h person to whom +the law gives that power. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (215) +(1) Consent may be by any act or word indicating the same expressly or by implication. +(2) Silence shall be taken to be consent if by custom it indicates consent. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (216) +It is a condition of the validity of the consent that the disposition should have been one +capable of being consented to at the time it was made and at the time the consent is given, +and it is likewise a condition that at the time the consent is given, th ere should be in +existence the person who had the right to give the consent, the two parties to the contract, the subject matter of the contract, or a substitute therefor if it is a specified thing. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 46 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (217) +(1) If consentis given to a suspended t ransaction, it shall become effective retroactively to +the time it was made, and the subsequent consent shall have the same effect as a prior +agency. +(2) If consent is refused, the disposition shall be void. + +b- The non- binding contract +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (218) +(1) A contract shall not be binding on one or both of the contracting parties despite its +validity and effectiveness if there is a condition that such party may cancel it without mutual +consent or an order of the court. +(2) Each party may act unilaterally i n cancelling it if by its nature the contract is not binding +upon him or if he has made it a condition in his own favour that he has the option to cancel. + +8- Options affecting the binding nature of the contract +a- The option of conditionality +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (219 ) +In binding contracts which are liable to be cancelled it shall be permissible for the +contracting parties or either of them to make it a condition in the contract or thereafter that he should enjoy the benefit of the option of conditionality in his own o r another's favour for +such period as may be agreed between the parties, and if they do not agree on a particular +period, it shall be permissible for the judge to specify that period in accordance with custom. + + + + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 47 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (220) +If each of the two contracting parties has the advantage of the benefit of conditionality in +commutative contracts involving property and the consideration on both sides has not left +the ownership of either of the contracting parties but one then exercises the option to +cancel, that property shall not pass out of his ownership neither shall the property of the +other pass into the ownership of the first. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (221) +(1) The person having the benefit of the option of conditionality shall have the right t o +cancel or to affirm the contract. +(2) If he elects to confirm the contract, it shall become binding with retroactive effect to the +date on which it was made, and if he elects to cancel it, the contract shall be cancelled and +deemed void ab initio. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (222 ) +If both of the contracting parties have the advantage of the option of conditionality and one of them elects to cancel the contract, the contract shall be cancelled notwithstanding that +the other may have affirmed, and if one affirms the contrac t the other shall retain his option +to cancel throughout the period laid down for the option. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (223) +(1) Cancellation or affirmation may take place by any act or word indicating the same, +whether expressly or by implication. +(2) If the period expires without the option to cancel or to affirm being exercised, the +contract shall become binding. + + + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 48 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (224) +(1) In order for the cancellation to be valid, the option in that behalf must have been +exercised within the period thereof and the other party notified thereof if the cancellation is +effected by words and is not dependent on mutual consent or an order of the court. +(2) With regard to affirmation, it is not a requirement (of the contract becoming binding) +that the other party should know of it. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (225 ) +The option shall lapse upon the death of the person entitled to exercise it during the period +thereof. The contract shall become binding with regard to his heirs, and the other party shall +retain his option, if he originally had an option, until the expiry of the period thereof. + +b- The option to inspect +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (226) +The option to inspect shall arise in c ontracts liable to cancellation in favour of the person to +whom the disposition is made even though not expressly stipulated if the subject matter of +the contract has not been seen, and is specified. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (227) +The option to inspect shall remain until the inspection is carried out within the agreed +period, or until anything occurs which causes it to lapse. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (228) +The option to inspect shall not prevent the contract becoming effective but will only prevent +it becoming binding on the person in whose favour the option exists. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 49 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (229) +(1) The option to inspect shall not lapse by non -exercise. +(2) The option will lapse upon the inspection of the thing contracted for and its acceptance +whether expressly or by implication, and it will likewise lapse upon the death of the person +having the option, the destruction of the goods concerned, whether in whole or in part, or by +their becoming defective, or the disposition thereof by a person having the right so to do by +way of a disposition which may not be cancelled, or in such a way as gives rise to a right in a +third party. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (230 ) +Cancellation under the option to inspect may be by any act or word indi cating the same +whether expressly or by implication, but on condition that the other contracting party is aware thereof. + +c-The option to specify (one out of two or more potential objects of the +contract) +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (231) +It shall be permissible to agree tha t the subject matter of the contract shall be one of two or +three things, and that one of the contracting parties should have the right to choose between +them on condition that the consideration for each and the period of the option is expressed. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (232) +If the contracting parties do not specify the period of the option or if the period laid down for +one of them to exercise it expires without the election being made, it shall be permissible for +the other party to apply to the judge to fix the period of the option or to determine the +subject matter of the disposition. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 50 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (233) +The contract shall not be binding upon the person having the right to exercise the option +until that right is exercised, and if the option is exercised expressly or by implication the +contract shall become binding and effective in connection with the subject matter over which the option is exercised. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (234) +The exercise of the option shall relate back to the time the contract came into existence. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (235 ) +(1) If the option to select is vested in a purchaser and one of the two things is lost while in +the hands of the seller, the purchaser shall have the option if he so wishes to take the other +thing at its price or to leave it, but if both things are lost, the sale shall be void. +If the loss takes place after the purchaser has received the things to be sold and one of the two things is lost while in the hands of the purchaser, that thing shall be designated as the +thing sold and the purchaser shall be bound to pay the price, and the other thing shall be +regarded as being held in trust. +If the two things are lost in succession, the first shall be regarded as the thing sold and the second as held in trust, and if they are lost simultaneously the purchaser shal l be bound to +pay half the price of each. +(2) If the option to appoint is vested in the seller and one of the things is lost before or after +receipt, the seller shall have the right to elect either that the purchaser shall be bound to take +the remaining t hing or that the contract be cancelled, and if both things are lost before +receipt, the contract shall be void. +If the two things are lost in succession after receipt, the first thing lost shall be regarded as +held in trust and the second as the thing sold, and if they are lost at the same time, the purchaser shall be bound to pay half the price of each. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 51 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (236) +If the person having the option to appoint dies during the period of the option, his right shall +be transferred to his heirs. + +d- The o ption to reject for defects +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (237 ) +Contracts capable of being cancelled shall carry with them the right to cancel the contract +under the defects option without there being a condition in that behalf in the contract. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (238 ) +In order for a defect to give rise to an option to reject, it must be old (pre- existing), it must +affect the value of the subject matter of the contract, it must be unknown to the purchaser, and the seller must not have contracted for an exemption from liability in respect of it. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (239 ) +(1) If the conditions set out in the preceding Article are satisfied in respect of a defect, the +contract is not binding on the person having the right to exercise the option before taking delivery, and is liable to cancellation th ereafter. +(2) The contract will be cancelled prior to taking delivery by any matter demonstrating the +same, without the need for mutual agreement or an order of the court on condition that the other party is aware (of the cancellation), but after delivery has been taken cancellation +must be by mutual consent or by order of the court. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (240) +If a contract is cancelled by reason of a defect, the subject matter of the contract is to be returned to the owner, and the price paid is recoverable. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 52 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (241) +(1) The option to reject for a defect shall lapse by non -exercise or by acceptance of the +defect after knowledge thereof, by dealing in the thing contracted for even prior to such +knowledge, by its being destroyed or damaged after receipt or by its being increased prior to +receipt by way of direct connection with the thing, not arising from the thing itself, by the act +of the purchaser, or after receipt by way of a single increase arising out of the thing itself. +(2) The option to reject for a defect shall not lapse by reason of the death of the person +having that option, but shall enure to the benefit of his heirs. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (242 ) +The person having the option to reject for a defect may also retain the thing contracted for and claim for the redu ction in value. + +Part 3: The effects of the contract +1- With regard to the contracting parties +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (243) +(1) The contract shall apply to the subject matter of the contract and the consideration +therefor as soon as the contract is made, and shall not depend upon receipt or any other +thing unless the law provides otherwise. +(2) With regard to the rights (obligations) arising out of the contract, each of the contracting +parties must perform that which he is obliged to do under the contract. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (244 ) +In the case of commutative contracts for specific property, provided the conditions for the validity thereof are satisfied, each of the contracting parties must have an established right +to dispose of the property, and each shall have an obligation to deliver the subject matter of +the contract to the other. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 53 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (245 ) +In the case of commutative contracts to derive benefits from property, provided the +conditions for the validity thereof are satisfied, the person dealing in the property shall have +the obligation to deliver it to the usufructuary, and the usufructuary shall have the obligation to deliver the consideration for the benefit to the owner of the property. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (246 ) +(1) The contract must be performed in accordance with its contents, and in a manner +consistent with the requirements of good faith. +(2) The contract shall not be restricted to an obligation upon the contracting party to do that +which is (expressly) contained in it, but shall also embrace that which is appurtenant to it b y +virtue of the law, custom, and the nature of the transaction. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (247 ) +In contracts binding upon both parties, if the mutual obligations are due for performance, +each of the parties may refuse to perform his obligation if the other contracting par ty does +not perform that which he is obliged to do. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (248 ) +If the contract is made by way of adhesion and contains unfair provisions, it shall be +permissible for the judge to vary those provisions or to exempt the adhering party therefrom +in accor dance with the requirements of justice, and any agreement to the contrary shall be +void. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (249 ) +If exceptional circumstances of a public nature which could not have been foreseen occur as +a result of which the performance of the contractual obliga tion, even if not impossible, +becomes oppressive for the obligor so as to threaten him with grave loss, it shall be permissible for the judge, in accordance with the circumstances and after weighing up the +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 54 + interests of each party, to reduce the oppressive obligation to a reasonable level if justice so +requires, and any agreement to the contrary shall be void. + +2- With regard to third parties +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (250 ) +The effects of the contract shall extend to the contracting parties and their general +successors witho ut prejudice to the rules relating to inheritance, unless it appears from the +contract or from the nature of the transaction or from the provisions of the law that the effects were not to extend to a general successor. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (251 ) +If the contract gives rise to personal rights connected with a thing transferred thereafter to a +special successor, such rights shall be transferred to such successor at the time at which the +thing is transferred if it is one of the appurtenances thereof and the special successor was +aware of those rights at the time of the transfer of the thing to him. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (252 ) +A contract may not impose an obligation upon a third party but it may create a right in him. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (253 ) +(1) If a person undertakes to procure a third party to enter into an obligation the third party +will not be bound by that undertaking, and if the third party refuses to be bound the person making the undertaking must compensate the other contracting party. +He may nevertheless be released from having to mak e compensation by himself performing +the obligation in respect of which he gave the undertaking. +(2) If however the third party agrees to the undertaking, his agreement shall take effect only +from the time it was given, unless it appeared that he expressl y or impliedly intended that +the effect of the agreement should relate back to the time the undertaking was made. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 55 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (254 ) +(1) It shall be permissible for a person to contract in his own name imposing a condition +that rights are to enure to the ben efit of a third party if he has a personal interest, whether +material or moral, in the performance thereof. +(2) Such a condition shall confer upon the third party a direct right against the undertaker +for the performance of that condition in the contract enabling him to demand the +performance thereof unless there is a contrary agreement, and such undertaker may rely as +against the beneficiary on any defences arising out of the contract. +(3) The person making the condition may also demand the performance of the condition in +favour of the beneficiary, unless it appears from the contract that the beneficiary alone has +such a right. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (255 ) +(1) The person imposing that condition in the contract, but not his obligees or heirs, may +cancel that condition before the beneficiary gives notice to the undertaker or the person +imposing the condition of his intention to benefit thereby, unless that is contrary to the +purport of the contract. +(2) The cancellation of the condition shall not relieve the undertaker of his obligation to the +party imposing it unless there is an express or implied agreement to the contrary. +The person imposing the condition may replace the first beneficiary by another, and he may +also allocate the benefit of the condition for himself. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (256 ) +In imposing a condition in favour of a third party it shall be permissible for the beneficiary to be a future person or future body, and the beneficiary may also be a person or body not +specified at the time the contract is made if such ben eficiary is ascertainable at the time the +contract is to be given effect to in accordance with the condition. + + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 56 + Section 4 : The construction of contracts +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (257 ) +The basic principle in contracts is the consent of the contracting parties and that whi ch they +have undertaken to do in the contract. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (258 ) +(1) The criterion in (the construction of) contracts is intentions and meanings and not words +and form. +(2) The primary rule is that words have their true meaning and a word may not be +construed figuratively unless it is impossible to give it its direct meaning. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (259 ) +There shall be no scope for implications in the face of clear words. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (260 ) +Words should be given effect to rather than ignored, but if it is impossible to give effect to +words, they shall be ignored. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (261 ) +Reference to part of an indivisible shall count as reference to the whole. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (262 ) +An unconditional provisi on shall be so construed unless there is evidence, whether textual +or circumstantial, restricting it. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (263 ) +A description of that which is present is a superfluity, but a description of that which is absent shall have effect. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 57 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (264 ) +Known custom as between merchants shall have the effect of (express) conditions made +between them. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (265 ) +(1) If the wording of a contract is clear, it may not be departed from by way of interpretation to ascertain the intention of the parties. +(2) If there is scope for an interpretative construction of the contract, an enquiry shall be made into the mutual intentions of the parties beyond the literal meaning of the words, and +guidance may be sought in so doing from the nature of the transaction, a nd the trust and +confidence which should exist between the parties in accordance with the custom current in (such) dealings. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (266 ) +(1) A doubt shall be resolved in favour of the obligor. +(2) Nevertheless it shall not be permissible to construe ambiguous words in contracts of +adhesion in a manner detrimental to the interests of the adhering party. + +Part 5: The dissolution of a contract +1- General provisions +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (267 ) +If the contract is valid and binding, it shall not be permissible for either of the contracting +parties to resile from it, nor to vary or rescind it, save by mutual consent or an order of the +court, or under a provision of the law. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (268 ) +The contracting parties may mutually revoke the contract by their mutual consent after it +has been concluded. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 58 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (269 ) +So far as concerns the contracting parties revocation amounts to cancellation, and with +regard to a third party amounts to a new c ontract. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (270 ) +Revocation shall be by offer and acceptance in the session (majlis), and by receiving (back +the thing contracted for) on condition that the subject matter of the contract is in existence +and in the possession of the contracting par ty at the time of the revocation, and if part of it +has been lost the revocation shall be valid as to the remainder to the extent of the amount of +the consideration attributable to it. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (271 ) +It shall be permissible to agree that a contract shall be regarded as being cancelled +spontaneously (automatically) without the need for a judicial order failing performance of +the obligations arising thereout, and such agreement shall not dispense with notice unless +the contracting parties have expressl y agreed that it should be dispensed with. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (272 ) +(1) In contracts binding on both parties, if one of the parties does not do what he is obliged to do under the contract, the other party may, after giving notice to the obligor, require that +the contract be performed or cancelled. +(2) The judge may order the obligor to perform the contract forthwith or may defer (performance) to a specified time, and he may also order that the contract be cancelled and +compensation paid in any case if appropriate. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (273 ) +(1) In contracts binding on both parties, if force majeure supervenes which makes the performance of the obligation impossible, the corresponding obligation shall cease, and the +contract shall be automatically cancelled. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 59 + (2) In the case of partial impossibility, that part of the contract which is impossible shall be +extinguished, and the same shall apply to temporary impossibility in continuing contracts, +and in those two cases it shall be permissible for the obligee to ca ncel the contract provided +that the obligor is so aware. + +2- The effects of dissolution of the contract +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (274 ) +If the contract is cancelled automatically or by the act of the parties, the two contracting parties shall be restored to the position th ey were in before the contract was made, and if +that is not possible, compensation shall be ordered. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (275 ) +If the contract is dissolved by reason of voidness or cancellation or through any other cause +and each of the parties is obliged to return that which he has obtained, it shall be permissible +for each of them to detain what he has received so long as the other party has not returned +what he has received from the former, or provided security for such return. + +Part 2 : Unilateral dispositions +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (276 ) +It shall be permissible for a disposition to take place through the unilateral intention of the disponor without depending on the acceptance of the disponee unless a third party becomes obligated in any respect as laid down in the law, provided that there is no provision +in the law to the contrary. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (277 ) +The provisions relating to contracts shall apply to unilateral acts with the exception of those +provisions relating necessarily to the existence of a mutual corresponding intention to +establish a contract, unless the law provides to the contrary. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 60 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (278 ) +If the elements and conditions of a unilateral disposition are satisfie d, it shall not be +permissible for the disponor to resile from it, unless the law provides to the contrary. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (279 ) +(1) If the unilateral disposition amounts to a passing of property, then it shall only be +effective with regard to the disponee upon his acceptance thereof. +(2) If the act is a waiver amounting to a passing of property or a discharge from an +obligation, it shall be effective with regard to the disponee but may be retracted during the +time of the majlis. +(3) If the act is a pure waiver , it shall be effective with regard to the disponee and may not be +retracted. +(4) All of the above is subject to any provision of the law to the contrary. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (280 ) +(1) A promise is something imposed by a person on himself in favour of another relat ing to +the future, otherwise than by way of an obligation with regard to property, and it may be for +a contract or to do an act. +(2) A promise binds the maker unless he dies or becomes bankrupt. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (281 ) +(1) Whoever promises a prize to the public for performing a particular act and fixes a time limit for it shall be bound to give the prize to the person who performs that act notwithstanding that the act was performed without regard to the promise of the prize. +(2) If the promisor does not fix a time limit for the performance of the act it shall be permissible for him to resile from his promise by a public notice but provided that that shall +not affect the rights of a person who has performed the act prior to the revocation of the +promise. No claim fo r the prize shall be heard unless it is brought within three months from +the date of notice being given of the revocation of the promise. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 61 + Chapter Three: Acts causing harm +Part 1: General provisions +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (282 ) +Any harm done to another shall render the act or, even though not a person of discretion, +liable to make good the harm. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (283 ) +(1) Harm may be direct or consequential. +(2) If the harm is direct, it must unconditionally be made good, and if it is consequential +there must be a wrongful or deliberate element and the act must have led to the damage. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (284 ) +If the harm is both direct and consequential, the rules rela ting to direct harm shall apply. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (285 ) +If a person deceives another he shall be liable to make good the harm resulting from that +deception. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (286 ) +No person who has been caused loss in his property by another may cause that other loss in +his property, otherwise each shall be bound to make good the loss he has caused to the +other. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (287 ) +If a person proves that the loss arose out of an extraneous cause in which he played no part +such as a natural disaster, unavoidable accident, fo rce majeure, act of a third party, or act of +the person suffering loss, he shall not be bound to make it good in the absence of a legal +provision or agreement to the contrary. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 62 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (288 ) +Any person who causes damage in the c ourse of lawful defence of himself, his honour, or his +property, or the defence of the person, honour or property of another, shall not be +responsible for such damage provided that he has done no more than was necessary, otherwise he shall be bound to make good the excess. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (289 ) +(1) The act shall be regarded as being that of the actor and not of the person who ordered him to do it unless the actor is so compelled, provided that for there to be compulsion in respect of a physical act it must amount to forcible duress and no less. +(2) Nevertheless a public servant shall not be liable for his acts causing harm to others if he +performed them in execution of an order given to him by his superior, and he is obliged to obey such order, or believed that h e had to do so, and if he provides evidence of his belief in +the lawfulness of the act which he does, such belief being based on reasonable grounds, and provided that he acts with prudence and caution. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (290 ) +It shall be permissible for the judge to reduce the level by which an act has to be made good or to order that it need not be made good if the person suffering harm participated by his +own act in bringing about or aggravating the damage. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (291 ) +If a number of persons are responsible f or a harmful act, each of them shall be liable in +proportion to his share in it, and the judge may make an order against them in equal shares +or by way of joint or several liability. + + + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 63 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (292 ) +In all cases the compensation shall be assessed on the basis of the amount of harm suffered +by the victim, together with loss of profit, provided that that is a natural result of the harmful +act. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (293 ) +(1) The right to have damage made good shall include moral damage, and an infringement +of the liberty, dignity, honour, reputation, social standing or financial condition of another shall be regarded as being moral damage. +(2) It shall be permissible for an order to be made by way of compensation f or moral +damage caused to a spouse, or relatives of the family, by reason of the death of the victim. +(3) The right to receive compensation for moral damage may not be transferred to a third +party unless the amount of it has been fixed by agreement or by a final judicial order. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (294 ) +The compensation may be made payable by instalments or by of a regular income, and in those events the obligor may be ordered to provide a guarantee assessed by the judge, or +acceptable security. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (295) +The compensation shall be assessed in money, but provided that the judge may, according +to the circumstances and upon the application of the victim, order that the plaintiff be +restored to his former position, and he may also order that a specific act connected with the harmful act be performed by way of making good. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (296 ) +Any condition purporting to provide exemption from liability for a harmful act shall be void. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 64 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (297 ) +Civil liability shall be without prejudice to criminal liability provided that the elements of +criminal liability are present, and no criminal penalty shall limit the scope of the civil liability +or the assessment of the compensation. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (298 ) +(1) No claim for compensation arising out of a harmful act shall be hear d after the expiration +of three years from the day on which the victim became aware of the occurrence of the harm and of the identity of the person responsible for it. +(2) Provided that if such claim arises out of a crime and the criminal proceedings are still +current after the expiry of the time limit referred to in the foregoing paragraph, the claim for +compensation shall not be barred. +(3) No claim for compensation shall be heard in any case upon the expiration of fifteen +years from the day on which th e harmful act took place. + +Part 2: Liability for personal acts +1- Harm done to the person +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (299 ) +Compensation shall be payable for any harm caused to a person. Provided that in cases in +which the diya (blood money) or arsh (shari'a damages for pe rsonal injury not resulting in +death) are payable, they shall not be payable in addition to such compensation unless the +parties agree to the contrary. + +2- Damage to property +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (300 ) +Whoever destroys or damages property of another shall be obliged to make it good in kind if it can be so made good, and to pay the value thereof otherwise, subject to the general +provisions relating to indemnification. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 65 + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (301 ) +If the damage is partial, the person causing it shall be bound to make good the decrea se in +value, and if the decrease in value is serious (gross) the owner of the property may elect +between taking the equivalent of the decrease in value, or abandoning the damaged +property and taking the (full) value thereof, subject to the general provisions relating to +indemnification. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (302 ) +(1) If a person damages the property of another in the belief that if it is his own, he shall be bound to make good the loss. +(2) If a person damages the property of another with the permission of the owner thereof, +he shall not be bound to make good the loss. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (303 ) +If a minor, whether of discretion or not, or any person of similar status, damages the property of another, he shall be bound to make it good out of his own property. + +3- Expropriation and trespass to goods +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (304 ) +(1) The hand shall be bound to restore that which it has taken, and shall remain bound until it does so. +(2) Whoever misappropriates property belonging to another must restore it to that other in +the condition it was in when, and at the same place where, the misappropriation took place. +(3) If (the tortfeasor) has consumed or damaged the goods or if they have diminished or +been damaged either with or without a wrongful act on his part, he must make good in kind or in va lue as at the day and place of misappropriation. +(4) He must also hand over any benefits or increase he has obtained from such property. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 66 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (305 ) +If a person damages misappropriated goods in the hands of the misappropriator, the person +from whom th e goods have been misappropriated shall have an election whether to make +the misappropriator liable, and the latter may have recourse against the person who caused +the damage, or he may, if he wishes, impose the liability on the person causing the damage, +in which case the person causing the damage will not have any recourse against the +misappropriator. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (306 ) +If the misappropriator disposes of the goods misappropriated by way of commutative +contract or by way of gift and the goods misappropriated are lost in whole or in part in the +hands of the person to whom the misappropriator made the disposition, the person from +whom the goods have been misappropriated may elect to make either of them liable, and if +he elects to make the misappropriator liable his disposition shall be valid, and if he elects to +make the person to whom the misappropriator has made the disposition liable, such person +shall have a right of recourse against the misappropriator in accordance with the provisions +of the law. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (307 ) +(1) A person who misappropriates goods from a misappropriator shall himself be regarded +as a misappropriator. +(2) If the misappropriator from a misappropriator returns the goods misappropriated to the +first misappropriator, he alone shall be dischar ged of liability, and if he returns the goods to +the person from whom they were misappropriated both he and the original misappropriator +shall be discharged. +(3) If the goods become damaged in the hands of a mis ­appropriator from a +misappropriator, the pe rson from whom they have been misappropriated shall have an +election whether to make the first misappropriator or the second misappropriator liable. +He may also make the first liable for part and the second liable for part, and if he makes the +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 67 + first misapp ropriator liable, such person shall have a right of recourse against the second +misappropriator, and if he makes the second misappropriator liable, the last mentioned +person shall have no right of recourse against the first. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (308 ) +The judge may i n all cases order the misappropriator to pay such compensation as he thinks +appropriate if in his opinion that course is justified. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (309 ) +If a person has goods in his possession by way of trust and he is guilty of a default in preserving them, or is guilty of a wrong -doing in respect of them or refuses to return them to +the owner without right, or if he wrongfully asserts that they are his own, or if he dies and it +is not known where the goods are, he shall be liable to return similar goods or the value +thereof as the case may be. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (310 ) +Whoever steals goods or seizes them by violence or takes goods must return them to their +owner if they are still in existence, or must return similar goods or the value thereof if the +goods are no longer a vailable, notwithstanding that a criminal penalty may have been +imposed upon him. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (311 ) +(1) If goods misappropriated change of their own, then the person from whom they have been misappropriated may elect between the recovery of those same goods, or a +replacement thereof. +(2) If goods misappropriated change in such a way that they become of a different +description, (the misappropriator) shall be liable to make a replacement. +(3) If goods misappropriated change by reason of a misappropriator havi ng added +something of his own to them, the person from whom they have been misappropriated may +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 68 + elect between paying the value of the increase and recovering the goods misappropriated in +specie, or making the misappropriator liable to provide a replacement. +(4) If the goods misappropriated suffer a decrease in value as a result of the use made by the +misappropriator, the misappropriator must return those same goods and shall be liable for +the shortfall in value. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (312) +Any act of the same nature as misapprop­ riation shall be treated as misappropriation. + +Part 3: Liability for the acts of others +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (313 ) +(1) No person shall be liable for the act of another person, but nevertheless the judge may, +upon the application of an injured party and in the event that in his opinion there is +justification for taking that course, render any of the following persons liable as the case may +be to satisfy any amount awarded against a person who has caused the harm: +(a) any person who by law or by agreement is obliged to supervise a person who requires +supervision by virtue of his being an infant or by reason of his mental or physical condition, unless it is proved that he carried out his duty of supervision or that the damage would +necessarily have occurred even if that duty had been carried out with the proper care; or +(b) any person who has actual control, by way of supervision and direction, over a person +who has caused the damage, notwithstanding that he may not have had a free choice, if the +act causing ha rm was committed by a person subordinate to him in or by reason of the +execution of his duty. +(2) Any person obliged to make good may have a recourse against the person against whom +the original award was made. + + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 69 + Part 4: Liability for animals and objec ts, and use of public roads +1- Damage done by animals +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (314 ) +Acts done by animals shall be regarded as inevitable, but that which they do shall be made +good by the person having control of the animals, whether he is the owner or not, if he has +been in default or guilty of a wrongdoing. + +2- Collapse of buildings +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (315 ) +(1) Harm done to a third party by reason of the collapse of a building whether in whole or in +part shall be made good by the owner of the building or the person having control over it +unless it is proved that he was not guilty of any wrongdoing or default. +(2) Any person who is threatened with harm which may befall him from a building may +require the owner to take the necessary measures to avert the risk, and if the owner does n ot +take such measures, the judge may permit him to take those measures at the expense of the +owner. + +3- Things and equipment +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (316 ) +Any person who has things under his control which require special care in order to prevent +their causing damage, or mechanical equipment, shall be liable for any harm done by such +things or equipment, save to the extent that damage could not have been averted. The +above is without prejudice to any special provisions laid down in this regard. + + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 70 + 4- Use of public roa ds +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (317 ) +The use of a public right is restricted (so far as is necessary to ensure) the safety of others, +and any person who uses his public right and causes harm to another person which could +have been avoided, shall be liable for the same. + +Chap ter Four: Acts conferring a benefit +Part 1: Unjust enrichment +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (318 ) +No person may take the property of another without lawful cause, and if he takes it he must +return it. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (319 ) +(1) Any person who acquires the property of another person without any disposition +entitling him so to do must return it if that property still exists, or similar property or the +value thereof if it no longer exists, unless the law otherwise provides. (2) If the property of any person leaves his possession without his so intending and by +unavoidable process merges with the property of another person in such a way that it +cannot be separated therefrom without causing harm to one of the owners, the property of +the lesser value shall be regarded as part of the property of the greater value after paying the +value thereof, and if (the two parts) are of equal value then the property shall be sold and +the proceeds distributed, unless there is an agreement or a provision of law to the contrary. + +Part 2: Unjustified expropria tion +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (320 ) +Whoever hands over a thing believing that he has a duty so to do, and it then becomes +apparent that he had no such duty, may recover it from the person who took it if it still +exists, or similar property or the value thereof if it does n ot still exist. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 71 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (321 ) +A recovery of property handed over without entitlement may be made if payment was made +in satisfaction of a debt for which the cause had not materialised, or for a debt of which the +cause has ceased to exist after it had mater ialised. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (322 ) +It shall be proper to recover money paid in satisfaction of a debt which has not matured, and +in respect of which the payer was ignorant of the due date for payment. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (323 ) +If payment is obtained from a person other than t he obligor and the result of that is that the +obligee acting in good faith has been deprived of an instrument proving the debt or any +security attaching thereto or if he has foreborne to make a claim against the true obligor within the time limit laid down , he does not have to return what he has taken, but the +person who has paid may have a recourse against the true obligor for the obligation and render him a guarantor thereof if appropriate. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (324 ) +Whoever takes a thing without a claim of right mu st return it to its owner together with any +profits or yield it has produced, and the judge may compensate the owner of the right for +any shortfall in the return of the yield on the part of the person who had taken the goods. + +Part 3: Voluntary agency +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (325 ) +Whoever performs an act beneficial to a third party otherwise than upon the latter's instructions, but by leave of a judge, or under compelling necessity, or by the dictate of +custom, shall be deemed to be acting on his behalf, and the following provisions shall apply +to such person. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 72 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (326 ) +The rules of agency shall apply if the principal ratifies the act of the voluntary agent. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (327 ) +A voluntary agent must continue the work which he has commenced until the principal is +able to undertake it himself, and he must also inform the principal of his intervention as +soon as he is able. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (328 ) +A voluntary agent is liable for any losses sustained by the principal, and the judge may limit +(also: determine) the extent of the liabi lity if the circumstances justify that course. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (329 ) +If a voluntary agent delegates the whole or part of the work to another person, he shall be +liable for the acts of his deputy, without prejudice to any direct recourse which the principal may h ave against such deputy. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (330 ) +A voluntary agent shall have the same obligations as a (duly constituted) agent in restoring that which he has obtained by reason of the voluntary agency, and in giving an account of +what he has done. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (331) +The principal must perform the obligations entered into by the voluntary agent on his +account, and must indemnify him against the obligations which he has undertaken, +reimburse necessary and useful expenses justified by the circumstances, and compensate +him for any loss sustained by reason of his carrying out the work, and the voluntary agent +shall not be entitled to a fee for his work unless such work is performed in the course of his +profession. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 73 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (332) +(1) If a voluntary agent dies, his heirs shall be under the same obligations as the heirs of a +(duly constituted) agent upon the termination of the agency by the death of such agent. +(2) If the principal dies, the voluntary agent shall remain under the same duties towards his +heirs as he was towards the principal. + +Part 4: Discharging the debt of another +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (333 ) +If a person discharges the obligations of a third party upon his directions, he shall have a right of recourse against the person so directing him for what he has performed on his +beha lf, and he shall take the place of the original obligee in his right to claim against the +obligor, whether or not such right of recourse was (expressly) agreed. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (334 ) +If a person discharges the obligations of a third party otherwise than upon his directions, he +shall not have a right of recourse against the obligor for moneys he has paid save in the +circumstances provided for in Article 325, and there shall be no recourse against the obligee +unless he has discharged the obligor of the obligation, even after obtaining satisfaction of the obligation from the person performing it. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (335 ) +If a pledgor discharges the debt of a third party in order to release his property pledged by way of security for such debt, he shall have a right of recours e against the debtor for the +money he has paid. + + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 74 + Part 5: Mutual provisions +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (336 ) +No claims arising out of a beneficial act shall be heard after the expiration of three years +from the day on which the obligee became aware of his right of recours e, and in no case +shall claims be heard after the expiration of fifteen years from the day on which the right of +recourse arose. + +Chapter Five: The Law +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (337 ) +Rights arising directly and exclusively out of the law shall be governed by the legal +provisions out of which they arose. + +Section 2: The effects of a right +Chapter One: General provisions +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (338 ) +A right must be satisfied when the legal conditions rendering it due for performance exist, +and if an obligor fails to perform an obligation, he shall be compelled to do so either by way +of specific performance or by way of compensation in accordance with the provisions of the law. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (339 ) +(1) Performance shall be voluntary if it takes place by satisfaction or the equivalent. +(2) Performance shall be compulsory if it takes place by (an order for) specific performance or by way of compensation. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (340 ) +If a right loses the protection of the law for any reason, there shall be no compulsory performance, and the obligation shall become a non -enforceable obligation of the obligor. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 75 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (341 ) +If an obligor discharges a non -enforceable obligation, such discharge shall be valid, and shall +not be deemed to be a discharge of what he was not obliged to perform. + +Chapter Two: Means of enforcement +Part 1: Voluntary execution +1- Satisfaction +a- The parties to the satisfaction +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (342 ) +(1) Discharge shall be good if performed by the obligor or his representative or by any other +person having an interest in the discharge. +(2) Discharge shall also be good if performed by a person not having an interest in the +discharge upon the directions of the obligor or otherwise and provided that the obligee shall +have the right to refuse the discharge by a third party if the obligor objects thereto and +notifies the obligee of his objection. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (343 ) +In order for there to be a valid discharge of an obligation, the person performing it must be +the owner of that by which the performance is effected, and if the obligor is a minor of the +age of dis cretion, or is of the age of majority but an imbecile or subject to a restriction on the +grounds of idiocy or feeble- mindedness and he discharges the obligation by which he is +bound, such discharge shall be good, unless it causes damage to the person makin g the +discharge. + + + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 76 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (344 ) +Discharge made to certain obligees shall be of no effect against other obligees if the obligor +is under a restriction with regard to that obligation, or if the discharge is made out of +restricted property, or if the obligor is terminally ill and the discha rge would prejudice the +remaining obligees. + +b- The person to whom satisfaction is made +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (345 ) +Discharge may be performed to the obligee or his representative, and any person who gives +a receipt issued by the obligee shall be regarded as a proper r ecipient of the discharge unless +it is agreed that the discharge shall be performed towards the obligee in person. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (346 ) +If an obligee is not a person of full capacity, an obligor shall not be released save by +dischar ging the obligation towards his guardian, and if discharge is effected to the obligee +and that whereby discharge was made is destroyed or lost in his hands, the guardian may make a claim against the obligor for satisfaction. + +c- Rejection of discharge +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (347 ) +If an obligee rejects without justification a discharge validly offered to him in circumstances +when he should accept it, or if he refuses to perform an act without which the discharge may +not be effected, or if he states that he will not acc ept the discharge, the obligor shall give him +notice specifying a reasonable period to perform what he is obliged to do to obtain +satisfaction of his right. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 77 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (348 ) +The result of the giving of such notice by the obligor shall be that the thing which was the +subject matter of the obligation shall come under the responsibility of the obligee if it had +previously been under the responsibility of the obligor, and the obli gor shall have the right +to put it into safe keeping at the expense of the obligee, under the responsibility of the latter +for any harm that may be sustained by it. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (349 ) +If the subject matter of the discharge is a specific thing, and the obligat ion is to deliver it at +the place in which it is, the obligor may, after giving notice to the obligee to take delivery of +it, obtain the leave of the judge to put it into safe keeping, and if such thing is real property +or deemed to be so by affixation in the place where it is, the obligor may apply that it be +placed under guard. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (350 ) +If the subject matter of the discharge is a perishable thing or if it requires the incurring of +substantial expense to keep it safe or under guard, the obligor may, after obtaining the leave +of the judge, or without such leave in compelling circumstances, sell it at its customary +market value, or, if that is impossible, by public auction, and shall lodge the proceeds in +place of putting the thing itself in safe keepi ng. + + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (351 ) +The placing in safe keeping or the act performed in its stead shall also be permissible if the +obligor is unaware of the identity or place of residence of the obligee or if the obligor is +under a restriction and does not have a representative who can accept discharge on his behalf, or if the obligation is the subject of a dispute among several persons, or if there are +other serious reasons justifying that course. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 78 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (352 ) +A valid offer shall, with regard to the obligor, take the place of discharge if it is followed by a +deposit satisfying the legal requirements, or by any similar procedure, if accepted by the +obligee or if a final judgment is made to the effect that it is valid. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (353 ) +(1) If the obligor tenders discharge and the tender is followed by a deposit or similar procedure, he may resile from that tender so long as the obligee has n ot accepted it and +there has been no final judgment as to its validity, and if he does so resile, neither his +co-obligors nor his guarantors shall be discharged. +(2) If an obligor resiles from the tender after the obligee has accepted it or after a judgmen t +as to its validity, and the obligee accepts such resilement from him, the obligee may not +thereafter rely on any securities for the performance of the obligation, and the co- obligees +and the guarantors shall be discharged. + +d- The subject matter, time and place of the satisfaction, expenses thereof, +and proof +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (354 ) +(1) If the obligation is one which must be specifically performed, the obligor may not effect substituted performance of it without the consent of the obligee, notwithstanding that such substituted performance is of a value equivalent to or greater than the thing due. +(2) If, however, the obligation is not one to be specifically performed, the obligor may discharge it by similar performance, even without the c onsent of the obligee. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (355 ) +(1) The obligor may not compel the obligee to accept partial performance of the obligation unless there is an agreement or a provision of law permitting that. +(2) If, there is a dispute as to part of the obligation and the obligee agrees to accept performance of the agreed part, the obligor may not refuse performance of such part. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 79 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (356 ) +If the obligee is bound to discharge any expenses together with the obligation, and his +performance does not cover the obligat ion as well as those expenses, what he has +performed shall be deducted firstly from those expenses and then from the principal +obligation, unless a contrary agreement is made. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (357 ) +If an obligor is bound by several obligations of the same kind towards the same obligee, and +the performance made by the obligor does not satisfy all of those obligations, the obligee +may, upon performance, specify the particular obligation which he wishes to be (regarded +as) performed, unless there is any legal or contractual bar preventing such a course. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (358 ) +If the obligation is not specified as set out in the foregoing Article, the performance shall be attributed to such obligation as has matured, and if there are several such obligations, then +the attribution shall be to the most burdensome of the obligations upon the obligee, and if +the obligations are of equal burden, the attribution shall be to such obligation as the obligee +shall specify. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (359 ) +(1) An obligation must be di scharged as soon as it becomes final and binding as against the +obligor, in the absence of an agreement or provision of law to the contrary. +(2) Provided that a judge may, in exceptional circumstances and if not prevented by any +provision in the law, grant a reasonable period or periods to the obligor for the performance +of his obligations if his circumstances so warrant, and provided that such granting of time +does not cause serious loss to the obligee. + + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 80 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (360 ) +(1) If an obligation is deferred, the obligor may discharge it prior to its falling due if the +deferment is to his advantage, and the obligee must accept. +(2) If an obligor discharges an obligation before it falls due, and a third party right arises over +that whereby discharge is performed, the obligation shall again become deferred as before. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (361 ) +(1) If the subject matter of the obligation is one for specific performance, it must be delivered at the place where it is at the time the obligation arose, unless there is an agreemen t or +provisions of law to the contrary. +(2) In the case of other obligations performance shall be at the place where the obligor has +his residence at the time of discharge or at the place where he carries on business, if the +obligation relates to his busin ess. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (362 ) +If the obligor sends that wherewith discharge is to be made with his messenger to the obligee and the thing is lost in the hands of the messenger before he arrives, the loss shall +fall on the obligor. If the obligee directs the obligor to discharge the obligations to the +messenger of the obligee and he does so, thereafter the loss shall fall upon the obligee and +the obligor shall be discharged from his obligation. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (363 ) +The costs of discharge shall be borne by the obligee unl ess there is an agreement or a +provision of law to the contrary. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (364 ) +(1) Any person discharging part of an obligation may require a receipt as to that which has +been performed, with an endorsement on the document relating to the obligation that such +discharge has been received, and if the obligation is discharged in full he may require that +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 81 + such document be returned to him or cancelled. If the document has been lost, he may +require the obligee to make a written acknowledgment of the loss of the document. +(2) If the obligee refuses to comply with his obligations under the foregoing paragraph, the +obligor may deposit the thing due with the court. + +2- Quasi -satisfaction +a-Substituted satisfaction +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (365 ) +An obligee may, in satisfaction of his right, accept another thing or another act performed by +the obligor, and the agreement to the substitution shall be subject to the general provisions governing contracts as laid down in this Law. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (366 ) +(1) Substituted performance governed by the provisions relating to sale if that which is given +in performance is a specific thing in place of discharge of the (original) obligation. +(2) The provisions governing performance in the termination of an obligation shall apply +thereto. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (367 ) +The original obligation, together with any securities pertaining thereto, shall be extinguished +by the substituted performance, and the rights of the obligee shall be transferred to the substitute. + +b- Set-off +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (368 ) +Set-off is the satisfaction of an obligation of the obligee by an obligation to be performed by +the obligor. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 82 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (369 ) +Set-off may either be mandatory, occurring by operation of law, or voluntary, occurring by +agreement between the parties, or judicial, occurring by order of the court. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (370 ) +In the case of mandatory set- off, each of the parties must be both the obligor and the obligee +of the other, and the obligations must be of the same type and description, must be equally +due and of equal strength or weakness, and the making of the set -off must not be prejudicial +to the rights of third parties, whether the cause of the arising of the obligations is the same or +different. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (371 ) +A set -off may be made by agreement if any of the conditions for a mandatory set -off is not +satisfied. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (372 ) +A judicial set -off takes place by order of a judge if the conditions thereof are satisfied, either +upon an original application or upon an objection. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (373 ) +If a bailee is under an obligation to his bailor, or i f a person who has misappropriated goods +is owed an obligation by the person from whom the goods have been misappropriated, and +the obligation is of the same nature as the goods deposited or misappropriated, there shall be no set -off save by the agreement of the parties. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (374 ) +If an obligee loses property of the obligor, of the same kind as the subject matter of the +obligation, such property shall fall into the set -off, and if it is not of the same kind, it shall not +fall into the set- off save with the agreement of the parties. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 83 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (375 ) +A set -off may be made upon the request of a person having an interest therein, and the +set-off shall be effective to the amount of the lesser of the two obligations. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (376 ) +If the obligation is one for which a claim has become time- barred by the time the set -off is +claimed, that fact shall not operate to prevent a set -off provided that the period causing the +claim to be time barred had not already expired by the time the set -off first became possible. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (377 ) +If an obligor discharges an obligation of his and has a right to claim a set- off for a right due to +him, he may not rely on the guarantees of that right to the detriment of third parties unless +he was unaware of the existence (or a right of set-off), and has a reasonable excuse for such +ignorance. + +c- The merger of capacities +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (378 ) +(1) If the same person acquired the status of both obligor and obligee with regard to a single +obligation, the obligation shall become extinguished to the extent to which the two statuses +have merged. +(2) Obligations shall not merge if the obligor is the heir of the obligee and he joins with the other obligors in obtaining satisfaction of the obligation out of the estate. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (379 ) +If the cause of the merging of the two statuses ceases retrospectively, the obligation shall revert to its former position. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 84 + Part 2: Compulsory enforcement +1- Specific Performance +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (380 ) +(1) An obligor shall, after being given notice, be compelled to discharge hi s obligation by +way of specific performance, if that is possible. +(2) Provided that if specific performance would be oppressive for the obligor, the judge may, +upon the application of the obligor, restrict the right of the obligee to a monetary substitute +unless that would cause him serious loss. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (381 ) +(1) If the subject matter of the right is an act which, by its nature or by virtue of a contractual +provision, the obligor must perform personally, the obligee may reject performance thereof +by anot her person. +(2) If the obligor does not perform the act, the obligee may seek the leave of the judge to perform it (himself), and he may also perform it (himself) without leave under compelling +necessity, and in both cases the performance shall be at the expense of the obligor (debtor). + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (382) +The judgment of the court shall take the place of performance if the subject matter of the right is an act, and the nature of the case so allows. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (383 ) +(1) If that which is required of an obligor is the preservation of a thing, or the management +thereof, or the exercise of care in the performance of his obligation, he shall have discharged +that obligation if, in the performance thereof, he exercises all such care as the reasonable +man would exercise, notwithstanding that the intended object is not achieved, unless there +is an agreement or a provision of law to the contrary. +(2) In all cases, the obligor shall remain liable for any fraud or gross negligence on his part. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 85 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (384 ) +If the subject matter of the right is the refraining from an act, and the obligor is in breach of +that obligation, the obligee may require that the effects of such breach be removed, or apply +to a judge for leave to remove such effects at the expense of the obligor. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (385 ) +If specific performance has taken place, or if the obligor persists in refusing performance, the judge shall determine the amount of compensation to be paid by the obligor, having regard therein to the prejudice suffered by the obligee, and the unreasonableness of the attitude of +the obligor. + +2- Performance by way of compensation +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (386 ) +If it is impossible for an obligor to give specific performance of an obligation, he shall be +ordered to pay compensation for non -performance of his oblig ation, unless it is proved that +the impossibility of performance arose out of an external cause in which (the obligor) played no part. The same shall apply in the event that the obligor defaults in the performance of his +obligation. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (387 ) +Compen sation shall not be due until after the obligor has been put on notice, unless there is +a contrary provision in the law or in the contract. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (388 ) +It shall not be obligatory to give notice to the obligor in the following circumstances: ‑ +(a) if the performance of the obligation becomes impossible or useless through the act of the +obligor; +(b) if the subject matter of the obligation is compensation arising out of an unlawful act; +(c) if the subject matter of the obligation is the return of a thing wh ich the obligor knows is +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 86 + stolen, or a thing received by him without claim of right and the obligor is aware of that; or +(d) if the obligor states in writing that he does not wish to perform his obligation. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (389 ) +If the amount of compensation is n ot fixed by law or by the contract, the judge shall assess it +in an amount equivalent to the damage in fact suffered at the time of the occurrence thereof. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (390 ) +(1) The contracting parties may fix the amount of compensation in advance by making a +provision therefor in the contract or in a subsequent agreement, subject to the provisions of +the law. +(2) The judge may in all cases, upon the application of either of the parties, vary such +agreement so as to make the compensation equal to the loss, a nd any agreement to the +contrary shall be void. + +Part 3: Lawful means to safeguard performance +1- Security of the assets of the debtor for performance +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (391 ) +(1) All of the property of the obligor stands as security for the performance of his obli gations. +(2) All creditors stand pari passu in respect of such security, without prejudice to any +provisions of the law to the contrary. + +2- Indirect claims +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (392 ) +(1) Every obligee, notwithstanding that his right may not be due for discharge, may exercise, +in the name of his obligor, all of the rights of that obligor, save those that relate particularly to his person or which are not capable of being attached. +(2) The exercise by the obligee of the rights of his obligor shall not be permitted un less it is +established that the obligor has not exercised those rights and that his failure so to do is such +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 87 + as may lead to or aggravate his bankruptcy, and the obligor must be brought into the claim. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (393 ) +The obligee shall be regarded as acting on behalf of his obligor in exercising his rights, and +any benefit arising out of the exercise of those rights shall be brought into the obligor's +property and shall stand as security for all his creditors. + +3- Sha m arrangements +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (394 ) +(1) If a sham contract is made, the obligees of the contracting parties, and special successors, may, if they are acting in good faith, rely on the sham contract and also rely on the hidden +contract, and prove by all means the sham nature of the contract by which they are +prejudiced. +(2) If there is a conflict of interest between the parties concerned and some of them rely on +the apparent contract and others on the hidden contract, the former shall take precedence. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (395) +If the contracting parties conceal a true contract with an apparent contract, the true contract +will be the effective one as between the contracting parties and a special successor. + +4- Claims against a debtor not to make dispositions detrimental to the +creditor +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (396 ) +If obligations, whether due or deferred, exceed or are equal to the assets of the obligor, then he may not make any gift he is not bound to make or which custom does not dictate that he must, and an obligee may ask for an order declaring that such disposition is ineffective as +against him. +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (397 ) +If obligees are making a claim against an obligor whose assets do not exceed the obligations +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 88 + due to them, he may not make any gifts of his property or dispose of it by way of +commu tative contract notwithstanding the absence of preference, and the obligees may +seek an order declaring that the disposition is ineffective as against them, and may also seek +an order for the sale of his property and that they do share in the proceeds ther eof in +accordance with the provisions of the law. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (398 ) +If an obligee alleges that the property of the obligor does not exceed the amou nt of the debt, +he need only prove the amount of the obligations to him, and the obligor himself must prove that he has assets exceeding the amount of the obligations. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (399 ) +If an order is made declaring that the disposition is ineffective, the obligees prejudiced by such disposition shall have the benefit of that order. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (400 ) +(1) No claim for a declaration that a disposition is ineffective shall be heard after the expiration of three years from the day on which the obligee learned of th e cause rendering +the disposition ineffective. +(2) In no circumstances shall such claims be heard after the expiration of fifteen years from the time the disposition was made. + +5- Restrictions on bankrupt obligors +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (401 ) +A restriction may be placed on a obligor if his obligations due exceed his assets. + + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (402 ) +(1) The restriction shall be by way of an order made by a judge within whose jurisdiction the +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 89 + residence of the obligor is situated upon an appli cation made by the obligor or any of the +obligees, and the application shall be heard promptly. +(2) Any obligee may, under the restriction order, obtain an order from the competent judge +attaching all of the property of the obligor save such as may not be attached. The +attachment shall remain in effect over the property of the obligor for the benefit of the +obligees until the restriction is terminated. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (403 ) +The judge must in each case before imposing a res triction on the obligor have regard in +exercising his discretion to all of the circumstances surrounding the obligor, the extent to +which he was responsible for the circumstances which led to the restriction order being +ought, the lawful interests of his o bligors, and any other circumstances which may affect his +financial condition. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (404 ) +(1) The Clerk of the Court must, on the day on which the application for a restriction is +lodged, register the contents of the claim in a special register arrang ed in order of the names +of the obligors over whom a restriction is applied for, and he must make a note in the margin +of the said register of the order made in the claim, and of any order made confirming or +reversing it, on the same day that any such orde r is made. +(2) The Court Clerk must also send to the office of the Ministry of Justice a copy of these registrations and endorsements for registration on the general register to be kept in +accordance with a regulation to be issued by the Minister. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (405 ) +If an obligor changes his address he must give notice thereof to the clerk of the court within +the area of which his old address was and the clerk must, as soon as he learns of the change +of address, either through notification from the obligor or from any other source, send a +copy of the restriction order and of the particulars noted in the margin of the register to the +court within whose jurisdiction the new address is, for registration in its records. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 90 + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (406) +A restriction order shall have the following consequences: ‑ +(1) any deferred obligations due by the obligor shall become due for performance; +(2) any disposition by him over his existing and future property shall be ineffective as +against his obligees as a whole; and +(3) any acknowledgment of an obligation made by him to another person shall be +ineffective as from the time the order is registered. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (407) +If a restriction is imposed on an obligor, the president of the court having jurisdiction in the +restriction may make an order in favour of the obligor on a petition lodged by him for expenses to be paid to him out of his assets, and an objection may be made against such +order made on the petition within thr ee days from the date of issue thereof if the objection is +on the part of the obligor, or from the date that the creditors are notified of the order, if the +objection is from them. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (408) +The property of an obligor under a restriction shall be sold and divided among the creditors +by way of pro rata sharing in accordance with the procedures laid down by law, and he shall +be left such money as he needs to maintain himself and other persons whom he has an obligation to maintain. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (409) +An obligor shall be liable to be punished for fraud in the following circumstances: ‑ +(1) if a claim for an obligation is brought against him and he deliberately becomes bankrupt in order to cause loss to his obligees, and an order is made in the case against him for the +performance of the obligation and for the making of a restriction against him; +(2) if, after the judgment against him imposing a restriction, he conceals some of his property in order to a void execution against it, or if he fabricates bogus debts or the amounts +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 91 + thereof, with the intention of causing loss to his obligees; or +(3) if he fraudulently changes his place of residence and his obligees suffer loss thereby. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (410 ) +(1) The re striction shall terminate by the order of the judge having jurisdiction in the place +where the obligor has his residence upon the application of any interested party in the +following circumstances: ‑ +(a) if the property subject to a restriction is divided a mong, the creditors; +(b) if it is established that the obligations of the obligor do not exceed his assets; or +(c) if the obligor satisfies his obligations which have fallen due without the restriction having +any effect upon the date of their falling due, and in that event the maturity date of the +obligations which had fallen due by reason of the restriction shall again become as they +were before, but provided that the obligor has discharged all the instalments that have fallen +due. +(2) The clerk of the cou rt shall of his own motion make an endorsement of the order +terminating the restriction on the day it is made in the margin of the register provided for in Article 404, and he must send a copy thereof to the office of the Ministry of Justice for +endorsemen t thereof also. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (411 ) +A restriction order shall terminate by operation of law after the expiration of five years from +the date of the registration of the order in that behalf. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (412 ) +An obligor may, after the termination of the restri ction, require the return of debts which +became due and payable by reason of the restriction and for which the original maturity +date has not yet come, on condition that he has discharged his obligations which have fallen +due without the restriction having had any effect on their falling due. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 92 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (413 ) +The termination of the restriction shall not prevent the obligees from challenging the +dispositions of the obligor or from exercising their rights under Articles 392 and 394- 400. + +6- Rights of retention +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (414 ) +Any person who is obliged to perform a thing may refrain from so doing so long as the obligor has not discharged an obligation of his arising by reason of an obligation of the +obligee and connected with it. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (415 ) +Each of the contracting parties in a commutative contract generally involving property may retain the thing contracted for while it is in his possession until he receives the consideration +due. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (416 ) +Any person who has incurred necessary or ben eficial expense on property of another in his +possession may refuse to return such property until he recovers what is due to him at law, in +the absence of an agreement or provision of law to the contrary. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (417 ) +(1) Any person who retains a thing must preserve it and must give an account for any yield +derived therefrom. +(2) He may seek the leave of the judge to sell the thing retained if he fears that it may suffer loss or deterioration, in accordance with the procedures laid down for sale of goods held by +way of possessory pledge, and the right of retention of a thing shall pass to the proceeds of +sale thereof. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 93 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (418 ) +Any person who retains a thing in the exercise of his right of retention thereof has a prior +right over other competing creditors for the satisfaction of his rights thereout. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (419 ) +(1) The right of retention shall be extinguished if the thing passes out of the hands of the person in possession or control, in the absence of any provision of law to the contrary. +(2) Nevertheless it shall be permissible for a person who retains a thing which passes out of +his possession either without his knowledge or despite his objection t o require within thirty +days from the time he learns of its having so passed and prior to the expiration of one year of +its having so passed that it be restored to him. + +Chapter Three : Dispositions conditional by suspension or deferment +Part 1: The condit ion (subsequent) +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (420) +A Condition is a future matter upon the existence or absence of which the full effectiveness +(of a disposition) depends. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (421 ) +A perfected disposition is one which has been absolutely concluded, is not subj ect to a +Condition or deferred to a future time, and is of full effect immediately. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (422 ) +A conditional (lit: suspended) disposition is one which is dependent on a not yet existing Condition or on a future event, and whose effect is suspended until such Condition is +satisfied. + + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 94 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (423 ) +In order for the suspension to be valid, the Condi tion must be an event which has not taken +place, but which could take place and is not impossible. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (424 ) +A disposition shall be void if the existence thereof depends on an impossible Condition, or if +it permits what is forbidden, or forbids that which is lawful, or is contrary to public order or +morals. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (425) +A disposition dependent upon a Condition not incompatible with the contract shall be ineffective, unless the Condition materialises. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (426 ) +A disposition shall cease to be effective if the Condition to which it was subject materialises, and the obligee shall be bound to return what he has taken, and if it is impossible to make +restitution through a cause attributable to him, he shall be bound to give an indemnity. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (427 ) +(A disposition) dependent upon a Condition shall be affirmed upon its being established that the Condition has materialised. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (428 ) +A Condition must be observed as far as is possible. + +Part 2: Deferment +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (429 ) +It shall be permissible to defer a disposition to a future time, upon the coming of which the provisions (of the disposition) shall become effective or be extinguished. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 95 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (430 ) +If it appears from the disposition that the obligor is not to perform unl ess it is possible or +convenient for him to do so, the judge shall determine the time for performance having +regard to the present and future resources of the obligor, and shall require of himthat he exercise due diligence in the performance of his obligat ions. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (431 ) +The right of an obligor to defer shall lapse in the following circumstances: ‑ +(1) if a bankruptcy or restriction order is made against him; +(2) if he does not provide the agreed securities for performance; or +(3) if the securities in rem for the obligation become defective by his act or through a cause in which he has played no part, unless he takes steps to supplement them. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (432 ) +If the deferment is for the benefit of either one of the parties, such party may waive it unilaterally. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (433 ) +A deferred obligation shall not mature upon the death of the obligor, but shall mature on the death of the obligee unless guaranteed by a security in rem. + +Chapter Four: Multiplicity of objects of the contract +Part 1: The grant of an option as to the thing to be performed +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (434 ) +It shall be permissible for the subject matter of a disposition to be a number of things, with the obligation of the obligee being discharged if he performs any one of them. The option +shall be that of the obligee if it is absolute, unless there is an agreement or a provision of law to the contrary, and the rules relating to the option of specification shall apply to the subject matter of the disposition. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 96 + Part 2: Substitution of the thin g to be performed +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (435 ) +(1) A disposition is substitutive if the subject matter thereof is one thing, but the obligation +of the obligee is discharged upon the performance of another thing in substitution thereof. +(2) It is the original (subject matter) alone and not the substitute which is the subject matter of the obligation, and that which determines the nature thereof. + +Chapter Five: Multiplicity of parties to a disposition +Part 1: Joint obligees +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (436 ) +Obligees shall not be regarded as being joint save by agreement or by law. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (437 ) +An obligor may discharge his obligation to any of the joint obligees unless any one of them gives him notice that discharge may not be made to him. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (438 ) +If the liability of an obligor is discharged towards one of the joint obligees for a reason other than performance, he shall not be released as against the other obligees save to the extent of +the share of such obligee. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (439 ) +(1) Joint obligees ma y claim jointly or severally against the obligor for the performance of +the obligation. +(2) An obligor may not object to the obligation as towards any one joint obligee on grounds +particular to another obligee, but he may object on grounds that are particu lar to that +obligee and also on grounds common to all of the obligees. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 97 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (440 ) +Any part of an obligation discharged towards joint obligees shall be deemed to have been +discharged as towards all of them equally , unless there is a provision of law or an agreement +to the contrary. + +Part 2: Joint obligations +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (441 ) +An obligation shall be joint if it has the same subject matter, is an obl igation due from a +family by way of inheritance to a number of heirs, is joint consumed property, or is +consideration for a loan raised from property owned in common. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (442 ) +All co -obligees in a joint obligation shall have the right to claim their share therein, and +anything received by one of them shall be the joint property of the co- obligees, to each +according to his proportion. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (443 ) +(1) If one co -obligee in a joint obligation receives part of the satisfaction of that obligation, +the other co- obligee may share with him therein in proportion to his share of it. They may +pursue the obligor for the balance, or he may leave what the other has received, and pursue +the obligor for his share. +(2) If one co -obligee elects to pursue the obligor, he may not have recourse against his +co-obligee unless his share has been lost, the foregoing applying in the proportion of his +share in what (the co -obligee) has received. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (444 ) +(1) If one of the co- obligees receives his share of the discharg e of a joint obligation and then +disposes of it or consumes it, the other co- obligees may have recourse against him for their +shares therein. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 98 + (2) If it is lost in his hands with no fault on his part, he shall not be liable for the shares of his +co-obligees therein, but he shall be regarded as having received his share, and the balance of +the obligation against the obligor shall belong to the other co- obligees. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (445 ) +If one of the co- obligees in an obligation obtains a guarantor for his share in the joint +obligation or if the obligor assigns the obligation to another, the co- obligees may share with +him in their shares in the amount which he receives from the guarantor or the assignee. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (446 ) +If one of the co- obligees purchases property from the obligor for his share in the debt, the +other co- obligees may require him to guarantee any loss in value suffered by their shares up +to the value of the thing purchased, or they may have recourse against the obligor for their +shares, and they may share with him what he has purchased if they so agree. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (447 ) +Any of the co- obligees may give his share to the obligor or may discharge him therefrom, +and he shall not be required to guarantee the shares of his co- obligees for what he has given +or rele ased. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (448 ) +Any of the co -obligees in a joint obligation may make a compromise for his share, and if the +consideration for the settlement is of the same kind as the obligation, the others may share with him the consideration received, or they may pursue the obligor, and if the +consideration for the settlement is not of the same kind as the obligation, they may pursue the obligor or the co- obligee who has made the compromise, and the latter may pay them +his share in the consideration received, or t heir share in the obligation. + + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 99 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (449 ) +(1) None of the co -obligees in a joint obligation may defer it on his own without the consent +of the remaining obligees to such deferment. +(2) He may defer his share therein without the consent of the others, and in that event he +may not participate with them in such part of the debt as they receive. + +Part 3: Joint liability between obligors +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (450 ) +There shall be no joint liability as between obligors save by agreement or by a provision in +the law. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (451 ) +If one of the jointly liable obligors satisfies the obligation in full, the others shall be discharged. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (452 ) +(1) An obligee may claim against all or any of the jointly liable obligors, subject to the type of relationship he has with each obligor which may affect the obligation. +(2) Any obligor may object upon a claim being against him on any grounds of objection particular to him, or common to all of the obligors alone. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (453 ) +If an obligee agrees with one of the jointly lia ble obligors to substituted discharge, the others +shall be released unless he reserves his rights as against them all. +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (454 ) +If the share of one of the jointly liable obligors in an obligation becomes extinguished for any reason other than satisf action, the obligation shall not become extinguished with regard +to the other obligors save to the extent of that share in the obligation. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 100 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (455 ) +If an obligee does not agree to discharge the remainder of the jointly liable obligors from the +obligat ion, he may not make a claim against them for anything other than the balance after +deducting the share of the obligor whom he has discharged, unless he has reserved his right +to have recourse against them for the whole obligation, and in that event they s hall have a +right of recourse against the other obligor for his share therein. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (456 ) +If an obligee discharges one of the jointly liable obligors from the joint liability, he shall +retain his right to have recourse against the others for the whole of the obligation unless a +contrary agreement has been made. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (457 ) +If an obligee discharges one of the jointly liable obligors from the obligation or from the joint +liability, the remainder of the obligors may have recourse against that obligor for his +contribution in the share of any of them who is bankrupt, unless the obligee has discharged him from all liability for the obligation, and the obligee shall then be responsible for the +proportion of such obligor in the share of the bankrupt. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (458 ) +(1) If a claim against one of jointly liable obligors has become barred by effluxion of time, that fact shall not assist the remaining obligors save to the extent of the share of that obligor. +(2) If time is interrupted or ceases to run with rega rd to one of the jointly liable obligors, the +obligee may not rely on that fact as against the others. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (459 ) +A jointly liable obligor shall, in the performance of his obligation, be liable for his acts, and if the obligee gives him notice or sues him, that shall be of no effect so far as concerns the +remaining obligors, but if one of the jointly liable obligors gives notice to the obligee, that +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 101 + shall benefit the others. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (460 ) +A composition made by one of the joint liable obligors with th e obligee shall not be effective +if it creates a new liability as against them or if it increases their liability, unless they accept it +and benefit from the composition if it involves a discharge from the obligation or a release +from liability therefor in any other way. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (461 ) +An admission of an obligation made by a jointly liable obligor shall be of no effect as against the others, nor shall the other jointly liable obligors be prejudiced if the obligee demands the +oath from the obligor and he refuses or if the obligor demands the oath from the obligee and +he takes it, but if the obligee demands the oath from the obligor and he takes it, the other obligors shall have the benefit thereof. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (462 ) +If a judgment is made against one of the joi ntly liable obligors, that shall be of no effect as +against the remainder, but they shall benefit by it if the judgment is in his favour, unless it is based on a reason particular to him. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (463 ) +Any jointly liable obligor who has satisfied the obl igation shall have a right of recourse +against any of the others up to the amount of that other's share, and if one of them is bankrupt he shall bear the consequences of that bankruptcy with the jointly liable obligors +who are solvent, without prejudice to their right of recourse against the bankrupt if he +becomes solvent again. + + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 102 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (464 ) +If one of the jointly liable obligors is the obligor originally liable under an obligation and the +other obligors are guarantors, he shall not, after satisfying the obligation, have any right of +recourse against them. + +Part 4: Indivisibility of dispositions +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (465 ) +A disposition shall be indivisible if the nature of the subject matter precludes divisibility or if it appears from the intention of the contracti ng parties that it should not be permitted. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (466 ) +(1) If there are several obligees in an indivisible disposition, or if there are several heirs of the obligee in such disposition, any obligor or heir may make a claim for the satisfaction of the +right in full. +(2) If one of them objects, the obligor must discharge the obligation to them all jointly, or +must lodge it with the competent authority as the law may provide. +(3) Each of the obligors shall have a right of recourse for the amount of his share against the obligor who has received satisfaction of the right. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (467 ) +(1) If there are several obligees in an indivisible disposition, each of them shall be liable for the whole obligation. +(2) A person who has satisfied a right shall have a right of recourse against each of the others up to the amount of his share. + + + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 103 + Chapter Six: Extinguishment of rights +Part 1: Discharge +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article ( 468 ) +If the obligor discharges his obligee voluntarily of a right due to him, the right shall be +extinguished. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (469 ) +The discharge shall not be dependent upon the agreement of the obligor, but shall be ineffective if rejected by him and if he dies bef ore acceptance the debt may not be recovered +from his estate. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (470 ) +Discharge may only be in respect of an existing obligation, not a future obligation. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (471 ) +(1) The substantive provisions relating to gifts shall apply to discharges. +(2) No particular form is required for a discharge but if it applies to a disposition it must +satisfy the form laid down by law or agreed by the contracting parties. + +Part 2: Impossibility of performance +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (472 ) +The rig ht shall expire if the obligor proves that the performance of it has become impossible +for him for an extraneous cause in which he played no part. + +Part 3: Lapse of time barring a right +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (473 ) +A right shall not expire by the passage of time but no claim shall be heard if denied after the +lapse of fifteen years without lawful excuse, but having regard to any special provisions +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 104 + relating thereto. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (474 ) +(1) No claim shall be heard in respe ct of any periodical renewing right, if denied, upon the +lapse of five years, in the absence of lawful excuse. +(2) With regard to yields accruing due by a person in possession acting in bad faith, the claim +shall not be heard if denied upon the lapse of fi fteen years, in the absence of a lawful excuse. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (475 ) +If denied, and in the absence of lawful excuse, no claim shall be heard in respect of the +following rights after the passage of five years: ‑ +(1) rights of doctors, pharmacists, lawyers, engineers, experts, professors, teachers and +brokers, if such rights are due to them by reason of professional services rendered, or by +reason of disbursements incurred; +(2) moneys reclaimable by reason of overpayment of taxes or duties, but without prejudice to the provisions of the special laws. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (476 ) +If denied, and in the absence of lawful excuse, no claim shall be heard in respect of the +following rights upon the expiry of two years: - +(a) rights of merchants and craftsmen in respect of items supplie d by them to persons not +trading in those items, and rights of owners of hotels and restaurants in respect of the cost of +accommodation and the cost of food, and moneys expended by them on account of their +customers; +(b) rights of workers, servants, and hi red people for daily or non -daily wages and the cost of +supplies provided by them. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (477 ) +(1) Claims shall not be heard in the circumstances referred to in the foregoing article +notwithstanding that the obligee may still be carrying out other work for the obligor. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 105 + (2) If there is a written acknowledgement or paper proving any of the rights set out in Article +474, 475 or 476, the claim shall not be heard upon the lapse of fifteen years from their +becoming due. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (478 ) +The period laid down fo r the prescription of claims shall commence as from the day upon +which the right falls due for exercise and from the time a condition is satisfied if the right is +dependent upon a condition, and from the time the entitlement is proved in claims under a +guarantee of an entitlement. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (479 ) +Claims shall not be heard if left by a predecessor and then by the successor after him, and +the total of the two periods amounts to the period laid down for prescription. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (480 ) +The period for t he prescription of claims shall be calculated in days. The first day of that +period shall not be taken into account, and the time shall expire at the end of the last day of +the period, unless that day is an official holiday in which case the time shall be extended to +the following day. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (481 ) +(1) The running of time for prescription shall be suspended if there is a lawful excuse whereby the claim for the right could not be made. +(2) The period during which that excuse subsisted shall not be taken into account in the +prescription period. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (482 ) +If certain heirs do not bring a claim relating to their inheritance (during) the period laid +down for such claim, with no lawful excuse, and the other heirs have a lawful excuse, the +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 106 + claim of those h eirs shall be heard up to the amount of their shares. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (483 ) +An admission by an obligor of a right, whether express or by implication, shall interrupt the +time laid down for prescription. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (484 ) +The prescription period shall be interrupted upon a judicial claim being made or by any +judicial proceeding being taken by an obligee to enforce his right. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (485 ) +(1) If the period of prescription is interrupted, a new period equivalent to the firs t period +shall commence. +(2) No right of whatever kind shall lapse if adjudicated upon by a judge in such a manner as not to admit of challenge. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (486 ) +If a claim for a right is barred by passage of time, no claim may be made in respect of matters +ancillary to that right notwithstanding that the period of prescription for such ancillary +matters may not have expired. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (487 ) +(1) It shall not be permissible to waive a time- bar defence prior to the establishment of the +right to raise such defe nce, nor shall it be permissible to agree that a claim may not be +brought after a period differing from the period laid down by law. +(2) It shall be permissible for any person having the competence to make dispositions in +respect of his rights to waive the defence, even by way of implied waiver, after the right has +been established, but provided that such waiver shall not be effective in respect of obligees if it is made so as to cause them detriment. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 107 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (488 ) +(1) It shall not be permissible for a judge to judge of his own motion that a case may not be +heard. Such order may only be made upon the application of the obligor or a party to the +proceedings having an interest therein. +(2) The defence may be raised at any stage of the proceedings unless it appears from the +circumstances that the person having the right has waived it expressly or impliedly. + +Book Two: Contracts +Section 1: Contracts conferring ownership +Chapter One: Sale and Barter +Part: 1 Sale +(1) Definition and elements of sale +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (489 ) +A sale is the exchange of non -money property for money. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (490 ) +(1) The property sold must be known to the purchaser sufficiently to avoid gross +uncertainty. +(2) The property sold must be known to the purchaser by its distinguishing characteristics +and descriptions, and if the property is in his presence, an indication of it shall be sufficient. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (491 ) +If the contract of sale states that the purchaser is sufficiently aware of the property sold, he +shall not have the right to avoid the contr act on the grounds of his lack of knowledge, unless +he proves that the seller deceived him about it. + + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 108 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (492 ) +(1) If the sale is by sample, it shall be sufficient for that to be seen, and the property sold +must conform to it. +(2) If it appears tha t the property sold does not conform to the sample, the purchaser may +elect to accept or reject it. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (493 ) +(1) If there is a dispute between the two contracting parties as to whether the thing sold +conforms to the sample, and both the thing and th e sample are available, regard shall be had +to the opinion of experts, and if the sample has been lost in the hands of one of the contracting parties, the other party shall have the last word as to whether the goods are in +conformity or not, unless the oth er proves the contrary. +(2) If the sample is in the hands of a third party by agreement between the parties, and is +lost, and the object of sale is a specified thing and is agreed to be the thing contracted for, the +seller shall have the last word as to whether the thing is in conformity unless the purchaser +proves the contrary, and if the goods sold are specified by type, or are a specified thing and it +is not agreed to be the thing contracted for, the purchaser shall have the last word as to +whether the property is in conformity, unless the other party proves the contrary. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (494 ) +(1) It shall be permissible to make a sale subject to testing, with an agreement on a known period, and if the parties do not specify such period in the contract, a reasonable period shall +apply. +(2) The seller shall be obliged to give the buyer the opportunity to test. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (495 ) +(1) The purchaser may, within the testing period, either affirm or reject the sale, +notwithstanding that the goods have not been tested, an d in the event of rejection the seller +must be notified. +(2) If the testing period expires and the purchaser remains silent, he having had the +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 109 + opportunity to test the goods, his silence shall be taken as an acceptance and the sale shall +be binding. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (496 ) +If the object of the sale is destroyed in the hands of the purchaser after he has taken delivery of it, he shall be bound to pay to the seller the price specified, and if it is destroyed through a +cause in which the purchaser played no part prior to delivery, such loss shall fall on the seller. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (497 ) +The provisions relating to sales shall apply to the goods sold as from the date of the sale, +after testing and the purchaser consenting. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (498 ) +If the purchaser ceases to be of full capacity before he affirms the sale, the guardian or tutor or protector must elect what is in the purchaser's best interests, subject to the conditions and +provisions laid down by law. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (499 ) +If the purchaser dies before he makes his election, and he has an obligee the extent of whose +rights exceeds the deceased's assets, the right of approval shall be transferred to him, +otherwise that right shall be transferred to his heirs, and if they agree to affirm or reject the +same, what they agree on shall be binding, and if some affirm and some reject, the rejection +shall be binding. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (500 ) +The purchaser may not use the goods sold during the testing period save to the extent +required by the testing as generally recognised, and if a greater use is made of which the aim +is not testing, then the sale shall be binding. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 110 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (501 ) +The provisions relating to sales subject to testing shall apply to sales subject to tasting, save +that the right of election subject to tasting shall not devolve by inherit ance, and the sale shall +be conclusive. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (502 ) +The proceeds of the goods during the testing period shall belong to the seller, and the costs +thereof shall be borne by him, but the proceeds shall be treated as part of the goods and shall belong to the purchaser if the sale becomes final. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (503 ) +""Price"" means that which the parties have agreed in consideration of the sale, whether it is +greater or less than the value, and ""value"" means the (true) value of the goods, neither more +nor less. +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (504 ) +If the parties to the sale agree to define the price by reference to the market rate, the rate shall be the market rate at the time and place of sale, and if there is no market at that place, the relevant place shall be that the current rates of which are recognised by custom. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (505 ) +If the contracting parties declare a price contrary to their true agreement, the true price shall +be taken to be the valid one. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (506 ) +(1) A sale may be by way of resale with a profit, a loss, or at cost price if the capital value of +the thing sold is known at the time of the contract, and the amount of the profit or loss is +specified. +(2) If it appears that the seller has exaggerated in declaring the amount of the capital value, +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 111 + the purchaser may reduce (the amount) by the amount of the excess. +(3) If the capital value of the thing sold is not known when the contract is made, the +purchaser may rescind the contract when he learns of it, and the same shall apply if the seller conceals a matter affec ting the thing sold or the capital value, and he shall lose his +right to elect if the goods are sold or consumed or pass out of his ownership after delivery. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (507 ) +(1) An increase in price on the part of the purchaser after the contract is made s hall attach to +the principal of the contract if the seller accepts, and the designated price plus the increase shall become the consideration for the entire subject matter of the sale. +(2) Any deduction by the seller from the designated price after the con tract is made shall +attach to the principal of the contract if the purchaser accepts, and the remaining balance +shall become the designated price. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (508 ) +The price shall be payable immediately unless there is an agreement or a custom that it +shoul d be deferred or paid in instalments over a known period. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (509 ) +If the price is deferred or payable in instalments, the period of deferment shall commence as at the date of delivery of the goods. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (510 ) +If the purchaser pays part of the price, he may not demand delivery of an equivalent part of +the goods sold if dividing them up would result in a decrease in the value thereof. + + + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 112 + 2- Effects of sale +a- Obligations of the seller +1- Transfer of ownership +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (511 ) +(1) The ownership of the goods sold shall be transferred to the purchaser as soon as the sale +is concluded, unless there is a provision of law or of the agreement to the contrary. +(2) Each of the contracting parties shall (immediately) proceed to carry out his obligations +save such of them as are deferred. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (512 ) +If the sale is of unascertained goods, ownership shall be transferred to the purchaser in the +same manner as it is transferred in respect of a specifically ascertained thing. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (513) +(1) If the price is deferred or payable in instalments, the seller may stipulate that the transfer of ownership to the purchaser be suspended until he pays the whole price, notwithstanding +that the goods have been delivered. +(2) If the price is paid in full, the transfer of ownership to the purchaser shall operate +retrospectively to the time of the sale. + +2- Delivery of the property sold +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (514 ) +The seller must deliver the goods to the purchaser free of a ny third party right unless there is +an agreement or provision of law to the contrary, and the seller must also do what is necessary on his part to transfer ownership to the purchaser. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (515 ) +If, by law or in accordance with current practice, the nature of the goods sold requires the +delivery of documents of title, the seller must deliver such documents to the purchaser, and +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 113 + if he fails to deliver them or alleges that they have been lost and th ey then appear, the judge +shall order him to deliver them, and if in the event of an allegation that they are lost, they do +not appear, the purchaser may elect between rejecting or affirming the contract. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (516 ) +The seller shall be obliged to deli ver the goods sold to the purchaser in the same condition +as they were at the time of the sale. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (517 ) +Delivery shall include the appurtenances of the thing sold, and such things as have been affixed to it or made for the use thereof in a permanen t manner, and everything which, by +custom, is ancillary to the thing sold, notwithstanding that it is not mentioned in the contract. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (518 ) +Contracts over buildings or trees shall include the land upon which the building stands, and the land to wh ich the roots of the tree extends, and a contract over land shall include the +buildings and trees on it unless there is a stipulation or a custom to the contrary in either such contract over land and a contract over a house shall include the fixtures there in but not +the moveables, unless the purchaser stipulates that they should be included in the contract. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (519 ) +The sale of land shall not include crops growing on it in the absence of a provision or custom to the contrary. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (520 ) +The sale of trees, whether directly or by way of appurtenance to the land, shall include the +fruits on them which have not been pollinated or have not budded as to the whole or greater part thereof, but if they have been pollinated or have budded as to the whole o r +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 114 + greater part thereof, the fruit shall not be included in the sale unless there is a provision or a +custom that they shall form part of the subject matter of the sale, and if the pollinated or +budded part amounts to one half only, each part shall be treat ed (separately) as aforesaid. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (521 ) +A contract for harvestable crops shall not include the second crop (in the same year) unless +there is a provision or custom to the contrary. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (522 ) +If the seller validly delivers the goods sol d to the purchaser, he shall not thereafter be liable +for what happens to the goods. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (523 ) +If the contract specifies the quantity of the goods to be sold and it appears that there is a shortfall or an excess in them, then, if there is no provisio n or custom in that regard, the +following rules shall have effect: +(1) If the goods sold would not be harmed by being divided, the excess belongs to the seller, +and he may recover the same in specie, and any shortfall is to his account, whether the price +is fixed per unit or by measure, or for the whole goods. +(2) If the goods would be harmed by being divided and the price has been fixed by unit or measure, then the excess shall belong to the seller and he shall be entitled to the price +thereof, and any sho rtfall shall be to his account. If however a price has been fixed for the +goods as a lot, the excess shall belong to the purchaser, and there shall be no change in the +price if there is a shortfall. +(3) If the excess or shortfall places a greater obligation upon the purchaser than that for +which he contracted to purchase or amounts to a different bargain for him, he shall have the +option to rescind the contract unless the amount is minimal, and the shortfall does not +prejudice the intention of the purchaser . +(4) If the purchaser takes delivery of the goods sold knowing that they are short, he shall lose +his right to elect to rescind the contract as referred to in the foregoing paragraph. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 115 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (524 ) +No claim for rescission of a contract or for a reduction in or supplement to the purchase +price shall be heard after the expiration of one year from the date of delivery of the goods. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (525 ) +(1) Delivery of the goods may be by actual delivery or by the seller leaving the way open to +the purchaser to ta ke the goods, with permission for him to take them, without there being +any obstacle to his coming into possession of them. +(2) The delivery of anything shall be according to the nature thereof, and in accordance with +the agreement or custom. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (526 ) +If the goods sold are in the possession of the purchaser prior to the sale in any capacity or for +any reason, such possession shall be regarded as delivery in the absence of an agreement to the contrary. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (527 ) +If the contracting parties agree t hat in a specific instance the purchaser should be regarded +as having taken delivery of the goods sold, or if the law requires that certain instances +should be regarded as amounting to delivery, constructive delivery shall be deemed to have +taken place. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (528 ) +Constructive delivery shall be deemed to have taken place by registration of the thing sold in the name of the purchaser if the law requires the registration of the transfer of ownership. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (529 ) +Constructive delivery shall likewise b e deemed to have taken place in the two following +cases: +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 116 + (1) If the seller retains the goods sold in his possession at the request of the purchaser. +(2) If the seller gives notice to the purchaser to pay the price and take delivery of the goods +within a fi xed period, failing which they will be deemed to have been delivered, and he does +not do so. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (530 ) +(1) The seller shall be obliged to deliver the goods sold at the place where they are at the +time the contract is made. +(2) If it is stipulated in the contract, or if there is a custom, that the goods sold should be sent +to the purchaser, delivery will only be made if the goods reach him, unless there is an +agreement to the contrary. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (531 ) +(1) If the goods sold are destroyed prior to delivery through a cause in which neither of the +contracting parties played any part, the sale shall be cancelled and the purchaser shall be +entitled to recover the price which he has paid. + (2) If part of the goods sold are lost, the purchaser shall have the option as he wishes either +to cancel the sale or to take the balance for the appropriate portion of the price. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (532 ) + (1) If the goods sold are destroyed prior to delivery or if part of them is los t through the act +of the purchaser, he shall be deemed to have taken delivery of the goods sold, and he shall +be bound to pay the price. +(2) If the seller has the right to elect in such circumstances and he chooses to cancel , the +purchaser shall be liable either to provide the equivalent of the goods sold or the value +thereof, and he shall be the owner of the remainder. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (533 ) +(1) If the goods sold are destroyed prior to delivery through the act of a third party, the +purchaser shall have the option as he wishes either to cancel the sale or to affirm it, and he +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 117 + shall have a right of recourse against the person who has caused the loss either for +equivalent goods or for the value thereof. +(2) If part of the goods are des troyed, the purchaser may elect between the following +options: +(a) to cancel the contract; +(b) to take the remainder for the appropriate proportion of the price and to rescind the +contract with regard to the balance; or +(c) to affirm the contract as to the whole of the goods sold at the stipulated price, and to +have recourse against the person who has caused the loss for that loss to be made good. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (534 ) +(1) The seller shall ensure that the goods sold are free of the right of any third party who ma y +object to the purchaser (sic) if the cause of that third party right antedates the contract of +sale. +(2) The seller shall also ensure that the goods sold are free of any third party right if such +right is based on a cause arising after the sale out of hi s act. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (535 ) +(1) Any claim by a third party for his rights over the goods sold prior to delivery thereof must +be directed both against the seller and the purchaser. +(2) If the claim is brought after delivery of the goods sold and the purchaser does not join the +seller in the action at the appropriate time and a judgment is issued against him which +becomes final, he shall lose his right of recourse for an indemnity if the seller proves that if +he had been joined in the action the result would have been the dismissal of the third party's +claim of right. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (536 ) +(1) If judgment is passed affirming a third party right over the goods sold, such third party may have recourse against the seller for the price if he affirms the sale, and the goods sold +shall then belong exclusively to the purchaser. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 118 + (2) If the third party claimant does not affirm the sale, the contract shall be cancelled, and +the purchaser may have recourse against the seller for the price. +(3) The seller shall compensate the purchas er for any useful improvement in the goods sold +made by the latter calculated on the value thereof on the day of delivery to the third party +claimant. +(4) The buyer shall likewise make good to the purchaser any loss arising out of the third party claim to the goods sold. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (537 ) +(1) Any condition that the seller shall not be liable for the price if there is a third party claim +over the goods sold shall be invalid, and the sale shall be defective (voidable) on account of +such condition. +(2) If the purchaser knows that the goods sold are not the property of the seller, that fact +shall be no bar to his having recourse for the price in the event of there being a third party +right. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (538 ) +If the third party right is based on an admission by the purchaser or his refusal to take the +oath, he shall have no recourse against the seller. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (539 ) +(1) If the purchaser makes a settlement with a third party claimant over property prior to judgment in favour of the latter, and the seller denies the right of the claimant, it shall be +open to the purchaser to prove that the claimant was justified in his claim, and, after proving +the foregoing, the seller shall have the option either to pay the equivalent of the settlement +amount or to retur n the price to the purchaser. +(2) If settlement is made after judgment in favour of the third party claimant, the purchaser shall (sic) retain the goods sold, and he shall have a right of recourse against the seller for the price. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 119 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (540 ) +(1) If a third party claim arises over part of the goods sold prior to the purchaser taking +delivery of the whole of it, he may return what he has taken and recover the price, or he may +accept the sale and have a recourse in respect of that part subject to the third party right. +(2) If a third party right arises over part of the goods sold after delivery of the whole of them +and the third party right gives rise to a defect in the remainder, the purchaser may return the +goods and have a recourse against the seller for the price, or he may keep the remainder for +the appropriate proportion of the price, and if the third party claim does not give rise to a +defect and the part over which the third party claim has arisen is the lesser part, the +purchaser may only have recourse for that part over which the third party claim has arisen. +(3) If it becomes apparent after the sale that there is a right over the goods sold in favour of a third party, the purchaser shall have the option either to wait until that right cea ses, or to +cancel the sale and have recourse against the seller for the price. +(4) It shall be presumed in the case of an easement that the seller had stipulated that he should not be liable in respect thereof if such right was obvious, or if the seller ha d informed +the purchaser of it. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (541 ) +(1) If a third party claim is made after the goods have been destroyed in the hands of the +purchaser, he shall make good to the third party claimant the value thereof as at the date of the purchase, and shall have a right of recourse against the seller for the price. +(2) If the value which the purchaser has to make good is greater than the stipulated price, he +shall have a recourse for the difference and shall be entitled to an indemnity for the damages +due to him in accordance with Article 536(4). + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (542 ) +The third party claimant may claim against the purchaser for any yield deriving from the +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 120 + goods sold or exploitation made thereof after deducting any expenses necessary to produc e +such a profit, and the purchaser shall have a right of recourse against the seller for anything +he has paid to the third party claimant. + +3- Liability for latent defects +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (543 ) +(1) A sale shall be deemed to have been concluded on the basis that t he goods sold are free +of any defects, save such as are within the customary tolerance. +(2) The general rules relating to the option for defects shall apply to the contract of sale, +subject to the provisions of the following Articles. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (544 ) +(1) I f an old (pre -existing) defect appears in the goods sold, the purchaser shall have the +option as he wishes either to return the goods or to accept them at the stipulated price, but he may not keep them and claim for any reduction in price (sic: should poss ibly be ""value"") +caused by the defect. +(2) The defect shall be deemed to be old if it was present in the goods sold prior to the sale, or if it arises thereafter while the goods are still in the hands of the seller prior to delivery. +(3) A new defect (whic h arises while the goods are) with the purchaser shall be regarded as +an old defect if it is attributable to an old cause which existed in the goods when they were still with the seller. +(4) For a defect to be regarded as old it must have been latent, and a latent defect is one +which cannot be observed by an external inspection of the goods, or which would not be +apparent to the ordinary man, or which could not be discovered by any person other than an +expert, or which would only be apparent upon testing. + + + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 121 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (545 ) +The seller shall not be responsible for old defects in the following circumstances: +(1) If the seller disclosed the defect to the purchaser at the time of sale. +(2) If the seller accepted the defect after he had seen i t, or after learning thereof from +another person. +(3) If the purchaser purchases the goods with knowledge of the defect therein. +(4) if the seller sells the goods with a condition that he is not to be liable for any defect +therein, or for a specified defect, unless the seller deliberately conceals the defect or if the +buyer is prevented from seeing the defect. +(5) If the sale is by public auction by the judicial or administrative authorities. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (546 ) +If the purchaser disposes the goods as owner aft er becoming aware of the old defect, his +option shall lapse. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (547 ) +If goods with an old defect are lost in the hands of the purchaser or if he consumes them +prior to his knowledge of the defect, he shall have a right of recourse against the seller for +any reduction in price (sic) caused by the defect. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (548 ) +(1) If a new defect arises in the goods in the hands of the purchaser, he may not return them +on the grounds of an old defect, but he shall be restricted to a claim against the seller for the +reduction in price, unless the seller agrees to take the goods back with the new defect. +(2) If the new defect is removed, the purchaser shall again have a righ t to return the goods to +the seller on the grounds of the old defect. + + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 122 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (549 ) +(1) If an addition is made to the property sold which prevents its being returned, and an old +defect in it subsequently becomes apparent to the purchaser, he shall have a right of +recourse against the seller for the reduction (in value) caused by the defect, but the seller shall not have the right to recover the property sold. +(2) An addition which prevents return is any thing from the property of the purchaser which +becomes joined with the property sold. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (550 ) +(1) If several things are sold under one agreement and a defect appears in part of them prior +to delivery, the purchaser shall have the option either to accept them at the stipulated price, +or to return the whole of them. +(2) If several things are sold under one agreement and an old defect becomes apparent in +part of them after delivery, and no loss would be caused by dividing them, the purchaser +may return the defective part for an appropriate portion of the price, but he may not return +the whole of the goods without the consent of the seller, but if loss woul d be caused by +dividing them, he may either return the whole of the goods or accept them at the full price. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (551 ) +(1) If the property sold has a defect whereby it may be returned, and the purchaser has +created a third party right thereover prior to his knowledge of the defect, but the property +still remains within his ownership, he may return it to the seller with that defect free of such +third party right if the property has not been altered during that period. +(2) If the purchaser creates a thir d party right after becoming aware of the defect, he shall +lose his right to return goods, and if the property has been altered it shall be treated as a new +alteration to property with an old defect. + + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 123 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (552 ) +The right of the purchaser to return the property on the grounds of a defect shall not lapse +by reason of a change in the value thereof. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (553 ) +(1) Any yield of the property returned on the grounds of a defect which is not regarded as +part of the property shall belong to the purchaser as from the time he receives the goods +until the time the sale is cancelled, and he shall not have any recourse against the seller for any moneys expended on the property. +(2) Any yield of the property sold which is deemed to be part of it shall belong to the seller. +(3) As for property which has no yield, the purchaser shall have a right of recourse against the seller for moneys spent on it. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (554 ) +Liability for property returned on the grounds of a defect shall pass from the purchaser to +the sel ler as soon as the seller agrees to take it back from the purchaser notwithstanding that +he has not in fact taken it back, or immediately upon proof in a court of law of the defect in +the property sold giving a right to return the same, notwithstanding tha t there is no order +that it be returned, in the event that the seller is present, and if he is absent the liability shall +only pass to him upon the issue of a judgment for the return of the property. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (555 ) +(1) A claim of liability for a defect sh all become time barred upon the expiration of six +months from receipt of the property unless the seller has undertaken to be responsible for a +longer period. +(2) The seller may not rely on that time limit if it is approved that the concealment of the defec t was by a fraud on his part. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 124 + b- Obligations of the purchaser +1- Payment of the price and taking delivery of the goods +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (556 ) +The purchaser must pay the price when the contract is initially made and before the delivery +of the property and before a claim is made for it, unless a contrary agreement has been +made. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (557 ) +(1) The seller may retain the property until the price due to him is paid, notwithstanding that +the purchaser may have delivered a pledge or a guarantee. +(2) If the seller a grees to defer the price, his right to retain the property sold shall lapse, and +he shall be obliged to deliver it to the purchaser. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (558 ) +If the property sold is destroyed in the hands of the seller while he is retaining it, the loss shall fall on the purchaser unless the destruction of the property was due to the act of the +seller. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (559 ) +(1) If the purchaser takes the property in the sight of the seller before paying the price and the seller does not prevent him, that fact shall amount to permission to take delivery. +(2) If the purchaser takes the property sold before paying the price, without the permission +of the seller, the seller shall have the right to recover it, and if the property is destroyed or +becomes defective in the hands o f the seller, he shall be deemed to have taken delivery of it. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (560 ) +If the purchaser damages the goods, even unintentionally, that shall be regarded as taking delivery. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 125 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (561 ) +If the purchaser does not know where the property sold is at the time of the contract and he +thereafter finds out, he shall have the option as he wishes to cancel or to affirm the sale, and +to take delivery of the property at the place where it is. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (562 ) +(1) The purchaser shall be obliged to hand over t he price if it is immediately payable at the +place where the property is at the time of the contract, unless there is an agreement or a custom to the contrary. +(2) If the price is a deferred debt owed by the purchaser and there is no agreement for payment thereof at a specified place, he shall be obliged to pay it at the residence of the +purchaser (sic) when payment falls due. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (563 ) +If the purchaser takes a thing in the course of negotiations for purchase, and it is destroyed +or lost in his hands and the price has been specified, he shall be bound to pay it, and if the +price has not been agreed, the purchaser shall not be liable save for his wrongful act or +default. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (564 ) +(1) If a third party claim over the property sold is brought agains t the purchaser, in reliance +on a right antedating the sale, or which follows him through the seller, it shall be permissible +for the purchaser to retain the price until the seller provides a suitable guarantee securing the return of the price to the purch aser upon the third party right being proved, and the +seller may apply to the court to order the purchaser to deposit the price with it in lieu of +providing a guarantee. +(2) The provisions of the foregoing paragraph shall apply if the purchaser discovers a n old +defect in the property guaranteed by the seller. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 126 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (565 ) +If a specific time for the payment of the price is laid down in the contract and it is stipulated +therein that if the purchaser does not pay the price within that time then there will be no +sale, then, if he does not pay the price and the property is still in the hands of the seller; the sale shall be deemed to be cancelled. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (566 ) +(1) If the purchaser takes delivery of the property and then dies bankrupt before paying the price, the seller may not recover the property, but the purchase price shall become a debt as +against the estate, and the seller shall take his place with the other creditors. +(2) If the purchaser dies bankrupt before taking delivery of the property and paying the +price, the seller shall have the right to retain the property until the price is paid out of the +estate, and he shall have a priority right over the other creditors. +(3) If the seller receives the price and dies bankrupt before delivering the property , the +property shall be regarded as being held in trust by him, and the purchaser shall have a +priority right over the other creditors. + +2- The costs of sale +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (567 ) +The costs of delivering the price, and of the contract of sale, registration thereof and other +costs, shall be borne by the purchaser, and the costs of delivering the property shall be borne +by the seller, unless there is a contrary agreement, provision of law, or custom to the +contrary. + + + + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 127 + Part 2: Various types of sale +1- Forward sales +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (568 ) +A forward sale is for property the delivery of which is deferred, against a price payable +immediately. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (569 ) +The following conditions must be satisfied for a forward sale to be valid: +(1) the property must be such as can be specified by description and quantity, and it must normally be available at the time of delivery; and (2) the contract must contain particulars of the nature, type, description and amount of the +goods, and the time at which they are to be delivered. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (570 ) +The capital (i.e. the price) of the property must be ascertained as to amount and type, and +must not be deferred for a period of more than three days. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (571 ) +The purchaser may dispose of the property sold by way of forward sale before taking +delivery of it. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (572 ) +If it is impossible to deliver the goods at the due time because they are no longer available through an unforeseen occurrence, the purchaser may elect between waiting until they are +available, or cancelling the sa le. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (573 ) +If the seller by way of forward sale dies before the time comes to deliver the goods, the purchaser shall have the option as he wishes between cancelling the contract and +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 128 + recovering the price from the estate, or waiting until the due time comes, and in that event +he may place a restriction upon the estate to an amount in the value of the property, unless +the heirs provide a sufficient guarantee to secure delivery of the property when the due time comes. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (574 ) +(1) If a purchaser by way of forward sale exploits the need of a farmer and buys a future harvest from him at a rate or upon conditions which are clearly oppressive, the seller may, +when the time comes for payment, apply to the court for a variation in the rate or the +conditions so as to remove the element of oppression. In that event the court shall take into +account the circumstances of time and place, and the general level of prices and the +differe nce between them at the time of the contract and delivery in accordance with custom. +(2) The purchaser shall have the right not to accept the amendment made by the court, and +he may instead recover the actual price which he has in fa ct paid to the seller, and in that +event the seller shall have the right to sell the crop to whomever he wishes. +(3) Any agreement or condition purporting to nullify that right, whether it is a condition in +the contract of forward sale itself or in the for m of a separate obligation, shall be void, of +whatever type it may be. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (575 ) +The consideration moving from each party in a forward sale may not be foodstuffs against +foodstuffs or money against money, and in connection with consideration other th an +foodstuffs, it is sufficient that they be different in type and use. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (576 ) +(1) If the goods the subject matter of a forward sale are such as to have a specific time for +appearing, but they do not appear when the time comes prior to the purchas er taking receipt +thereof, he shall be bound to wait until the second appearance if the delay in taking delivery is attributable to him, and if it is not attributable to him, he shall have the option between cancelling the contract of forward sale, and wai ting until the goods appear. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 129 + (2) If the goods cease to exist after the purchaser has received part thereof, he must wait for +the remainder unless the parties have agreed upon payment of a pro rata consideration for +that part which has been received. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (577 ) +The obligation to deliver goods sold by way of forward sale must be discharged by delivering goods of that nature, but it may, by agreement, be discharged by delivering goods of a +different nature on the following conditions: +(a) the substituted consideration must be given immediately; +(b) the substitute must be such as can properly form the subject of a forward sale; and +(c) the goods sold by way of forward sale must not be foodstuffs. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (578 ) +When the time comes for delivery of goods sold by way of forward sale, the seller must +deliver them to the purchaser at the place agreed by them both or at the place at which the +contract of forward sale was made if no place has been specified, and the seller shall not be +bound to deliver the goods nor shall the purchaser be bound to take delivery of them from +him at any other place, unless they have made a contrary agreement. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (579 ) +(1) If there is a dispute between the seller and the purchaser as to the amount of the forward +goods or as to the period of deferment, and neither party has independent evidence thereof, +the word of the person alleging what is the more common practice between people shall be preferred, and if there is no common practice then the dispute shall be settled half way between what each party alleges. +(2) If they are in dispute as to the place of delivery of the forward goods, the word of the person who claims that they are to be delivered at the place where the forward sale contract +was made shall be preferred, and if n either party makes such an allegation, the goods must +be delivered at the (regular) market place for those goods in the place where the contract +was made. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 130 + 2- Sales of air space +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (580 ) +It shall be permissible to sell space for building in it in any of the following circumstances: +(a) sale of space above land, and the permissibility thereof shall not be dependent upon the +description of what is to be built; +(b) sale of space above a building on condit ion that the building which is to be placed upon +it is described; and +(c) sale of space above space on condition that both the lower and upper buildings are +described. In the event of any of the three types of sale aforesaid, the purchaser shall +become th e owner of the whole of the space above the land or above the building up to the +limits of what he has purchased out of such space, but he shall not have the right to build more than was agreed save with the consent of the owner or the owner of the lower +building. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (581 ) +A sale of space shall be presumed to be in perpetuity, and the following shall result from it: +(1) the sale shall not be rescinded by virtue of the destruction either of the lower building or +of the upper building; and +(2) the owne r of the lower building must restore his building if it has been demolished, and +must repair it if it has become weakened, and the owner of the upper building may, with the +consent of the owner of the lower building or by leave of the court, restore his bu ilding. + +3- Sales of unascertained goods +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (582 ) +(1) A sale of unascertained goods is a sale of what may be weighed or measured or may be +reckoned without weighing or measuring, or reckoned sufficiently to ascertain the whole, +and a sale may be of unascertained goods notwithstanding that the determination of the price depends on the amount of the goods to be sold. +(2) The following conditions must be satisfied for a sale of unascertained goods to be valid: +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 131 + (a) the purchaser must have seen the goods at the time the contract was made, or must have +seen them prior to the contract in such a way as the goods would not normally alter +thereafter by the time of the contract, unless there has been a defect in his inspection, and it is sufficient that he should have knowledge of the nature thereof; and +(b) both the contracting parties should be unaware of the measure, weight or number of the +goods, but the same should be ascertainable overall, and if either party proves that at the +time the contract was made the other party did know the quantity of the goods, the contract +shall be voidable, and if he learns of the other's knowledge thereof after the contract is +made, he shall have the option either to reject the sale or to affirm it. + +4- Deferred sales +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (583 ) +Whoever sells a thing for a deferred price may purchase it for an immediately payable or a deferred price from the person selling it to him, unless the two sales differ as to price and +period of deferment and the payment of the lower price precedes th e payment of the higher +price, and in that event the second sale shall be cancelled if the property sold exists, and if it does not exist, both sales shall be cancelled. + +5- Assisted sales +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (584 ) +An assisted sale is one which takes place between a person who holds himself out (as being available) to place a purchase order for goods which are not (immediately available) +between him and the person asking for the goods, and who, if goods are ordered from him, purchases them and sells them to the person who has ordered them with an increase over +the purchase price thereof, and such a sale is permissible unless it amounts to a loan with +interest, which is when the person from whom the goods were ordered sells the goods to the +person ordering them at a def erred price exceeding the price agreed between them, and if +the sale takes place in that manner the second purchase shall be cancelled and the goods +shall pass at the price agreed between the two parties to the original sale, with the addition +of the least commission payable by way of profit for arranging such deals. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 132 + 6- Sales of foodstuffs and other goods before receipt +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (585 ) +It shall be permissible for a person who has acquired ownership of a thing by purchase or +otherwise to sell it before taking delivery of it from the person who is to pass property to +him, unless the subject matter is foodstuffs in a commutative contract, in which event it shall not be permi ssible for a person who has bought such goods by measure to sell them prior to +taking delivery thereof by measure, but if he purchases them as unascertained goods, he may sell them prior to taking delivery thereof. + +7- Sales of fruit +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (586 ) +(1) It s hall be permissible to sell fruit notwithstanding that it has not yet become fit for +consumption if it is sold together with the roots, but it shall not be permissible to sell fruit separately from the roots unless it has become fit for consumption, or unl ess some of it has +become fit for consumption, and the appearance of fitness for consumption shall mean near maturity or fitness for eating or other use. +(2) If the roots of fruits are such that the inner part may be eaten during the year, it shall be +permissible to sell the inner parts if the fitness for the consumption of the first inner part has +become apparent, if the inner parts are connected, and it is not possible to distinguish one +part from the other, but if they are distinguishable, it shall not b e permissible to sell the +second inner part until the fitness for consumption thereof has become apparent. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (587 ) +If after sale fruits are attacked by a blight which cannot normally be prevented, the +purchaser shall have the right to demand a redu ction in price the equivalent to the loss +suffered by the blight if the damage occurred prior to ripening and normal harvesting and if the value of the damage amounts to one third or more of the value of the fruits, unless the blight is by reason of drough t, in which event the price shall be reduced by the value of the +damage suffered, notwithstanding that the same may be less than one + third. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 133 + 8- Sale of cultivated and sown land +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (588 ) +(1) If land sold contains crops which are harvested only once a year, they shall vest in the +seller until the time for harvesting, unless the purchaser stipulates that they shall belong to +him. +(2) If the land sold contains crops which may be repeatedly harvested or which continually fruit, the roots shall belong to the purchaser and the available harvest then apparent shall +belong to the seller and he must pick the crop immediately, unless the purchaser stipulates +that the same shall belong to him, in which event he must pick it immediately. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (589 ) +(1) If sown land is sold and the seeds are such that the plants thereon are harvested only +once a year, both the seeds and the plants shall belong to the seller, but if the purchaser does +not know that there are seeds in the land at the time of the contrac t, he shall have the option +either to cancel or affirm the contract, without liability. +(2) If the seeds are such that their plants may be cropped several times a year or the fruits thereof appear continuously, or if the roots remain, the same shall belong to the purchaser. + +9- Form of sale of palms and trees +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (590 ) +(1) If palms whose spadixes have split, or trees whose buds and blossoms have appeared are sold, then that which has split or appeared shall belong to the seller, being left until ha rvest +time, and anything sold prior thereto shall belong to the purchaser, and the evidence on oath of the seller as to the appearing or splitting shall be preferred. +(2) Both the seller and the purchaser shall have the right to stipulate who shall be the owner +of all or part. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (591 ) +(1) If some of the spadixes on a palm have split or if some of the fruit has appeared on a +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 134 + single tree, then all of the spadixes shall be deemed to have split, and all of the fruit to have +appeared. +(2) If there are se veral palms or trees and the spadixes have split or the fruit has appeared on +some to the exclusion of the others, each tree shall be treated separately. + +10-Sale of foodstuffs inside an outer casing +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (592 ) +It shall be permissible to sell foodstuff s in their outer casing, and grain enclosed in its husk or +skin. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (593 ) +(1) If a person purchases foodstuffs in the outer casing, and breaks it and finds that it is spoilt, and the broken part has no value, he shall have a recourse for the whole o f the price if +the whole is spoilt, or for the equivalent part of what is spoilt if part only is so spoilt. +(2) If the part broken has a value, he shall have the option either -to keep the goods and +receive compensation, or to return them together with any loss in value by breaking, and if +the goods sold are lost, compensation shall be due to the purchaser. + +11- Sale of an inheritance +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (594 ) +A sale of an inheritance is a sale by an heir of his proportion in the estate after the death of the legator to one or more heirs for a known consideration, notwithstanding that the assets +of the estate have not been ascertained. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (595 ) +(1) A contract of sale of an inheritance shall transfer the portion of the seller in the estate to the purchaser, and the purchaser shall take the place of the seller in such portion. +(2) A sale of an inheritance shall not include all of the property of the deceased appearing after the contract of which the contracting parties were not aware at the time the contract +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 135 + was made, nor shall it include the rights of the estate against the contracting parties or either +of them, nor the rights which they or either of them have over it. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (596 ) +The seller shall warrant to the purchaser no more than the existence of the est ate and the +fact that he has a share therein, in the event that the contract does not specify what the +estate comprises. + +12- Sales by a terminally ill person +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (597 ) +(1) Terminal illness is an illness wherein a person cannot go about his normal business and in which the greater probability is that he will die in that condition prior to the expiration of +one year, and if his illness continues for a period of one year or more with him remaining in +the same condition without becoming worse, his disposi tions shall be treated as those of a +healthy person. +(2) A terminal illness shall be deemed to include conditions in which people fear death and in which they normally die, notwithstanding that there may in fact be no such sickness. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (598 ) +If a si ck person sells some of his property to one of his heirs, the provisions of the following +Article shall apply. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (599 ) +(1) If a sick person sells to a stranger at a fair price or with a slight element of cheating, the +sale shall be effective and no t dependent upon the consent of the heirs. +(2) If such sale is at a price less than the value of the thing sold at the time of death, the sale +shall be effective as against the heirs if the excess amount of the value of the thing sold over +the price does n ot exceed one third of the estate, including the thing sold itself. +(3) If such difference is greater than one third of the estate, the sale shall not be effective +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 136 + unless it is affirmed by the heirs or the purchaser makes up two thirds of the value of the +thing sold, otherwise the heirs shall have the right to cancel the sale. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (600 ) +A sale by a sick person to a stranger shall not be effective if it is for less than the true value, +even if the cheating may only be slight as against the obligees, i f the debt exceeds the estate, +and the purchaser may pay the true price, failing which the obligees shall have the right to +cancel the sale. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (601 ) +(1) It shall not be permissible to cancel the sale of a sick person if the purchaser has disposed of the goods sold in such a way as to confer a right against consideration upon a third party acting in good faith. +(2) In that event, it shall be permissible for the obligees of an estate insufficient to meet its debts to have recourse against the person who made the purchase from the sick person for +the difference between the price and the value of the thing sold, and the heirs shall have that +right if the purchaser is one of them, but if the purchaser is a stranger, then he must return such sum as shall m ake up two thirds of the value of the thing sold to the estate. + +13- Sale by an agent to himself +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (602 ) +It shall not be permissible for a person acting on behalf of another whether by a provision in +the law or by agreement or by order of a competen t authority to purchase for himself +whether directly or under an assumed name or by way of auction any property entrusted to +him by virtue of such proxy, subject to the provisions of any special laws. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (603 ) +It shall not be permissible for brokers or experts to purchase in their own names or in a +borrowed name property which has been entrusted to them for sale. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 137 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (604 ) +By way of exception to the provisions contained in the two foregoing paragraphs, it shall be +permissible for a proxy, broker or expert to purchase property for himself if he is so +permitted by the principal or the person having an interest therein. + +14- Sale of property of a third party +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (605 ) +If a person sells property of a third party without his consent, the sale shal l be dependent +upon the consent of the owner. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (606 ) +If the owner affirms the sale, the contract shall be valid so far as concerns him and the purchaser, and the contract shall likewise be valid if ownership of the property sold vests in +the sel ler after the contract is made. + +Part 3: Barter +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (607 ) +Bartering is the exchange of property or a property right for a non -money consideration. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (608 ) +Each of the contracting parties in a barter contract shall be deemed to be both seller and +purchaser at the same time. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (609 ) +A barter shall still be a barter notwithstanding that a money consideration is added in the exchange. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (610 ) +The expenses of the barter contract, the costs of delivery, and the like, shall be borne equally +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 138 + between the two parties to the contract unless a contrary agreement is made. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (611 ) +The provisions relating to sale shall apply to a barter to the extent that they are not +inconsistent with the nature thereof. + +Part 4: Prohibited sales and barters +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (612 ) +There may be no sale or barter of the following: +(a) that which is concealed in the earth, until extracted and visible; and +(b) the semen of stud horses. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (613 ) +Sales and barters shall be forbidden and defective in the following circumstances: +(a) if one or both of the contracting parties are bound to observe Friday prayers, and the +contract is made after one of the parties is in the mosque after the call to prayer, until the +prayer is finished. The same applies if either or both of the contracting parties are bound to +observe obligatory prayer and the contract is made after the time for so doing is becoming +short, such that only just sufficient time remains, but the contract shall be valid in such +circumstances in extremis or compelling necessity; +(b) if the contract is made over a property to be used to commit an offence, and one of the two contracting parties knows of that fact from the other, even by circumstantial evidence; +or +(c) if goods sold by way of forward sale are rebought or sold (in a manner prejudicial to such +forward sale) or, if h aving been so bartered, are re- bartered during the continuance of the +period of either of the options of the majlis or conditionality. + + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 139 + Chapter 2: Gifts +Part 1: Elements of and conditions for the effectiveness of a gift +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (614 ) +(1) A gift is t he passing of property or a right in property to another person during the period +of the lifetime of the owner, without consideration. +(2) It shall be permissible for the donor, while still intending to make a gift, to make it a +condition that the donee sh ould perform a specified obligation, and such obligation shall be +regarded as consideration. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (615 ) +(1) A gift shall be made upon acceptance and offer, and shall become perfected upon +receipt. +(2) Mere offer shall be sufficient for a gift if the d onor is the guardian or protector of the +donee and the property given is in his possession, and the same shall apply notwithstanding +that the donee is a minor of whom the donor has charge of the upbringing. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (616 ) +A contract of gift shall not be effective if the property given is not owned by the donor, unless affirmed by the owner, and receipt is taken by his consent. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (617 ) +(1) The gift of a debt to a debtor shall be valid, and shall be regarded as a disc harge. +(2) A gift shall be valid if made to a person other than a debtor, and shall be effective if the +debtor pays the debt to (sic - should possibly be ""on behalf of"") the donee. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (618 ) +(1) It shall be permissible for a donor to recover the property given if the contract so stipulates in the event that the donee does not carry out specified obligations in favour of +the donor or the person concerned in the stipulation. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 140 + (2) If the property given has been destroyed, or if the donee has disposed of i t, the donor +shall be entitled to recover the value thereof at the time of the disposition or destruction. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (619 ) +The donor must not be a person restricted as to the gifts he gives, and the donee must not be +an enemy. An enemy shall mean a non- Muslim being a subject of a non Muslim state +between which and the Muslims a state of declared or actual war exists, and in which peace +has not been declared. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (620 ) +A gift made by an obligor whose liabilities exceed his assets shall be valid, but dependent +upon the consent of the obligee. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (621 ) +If a person pledges a thing against an obligation due by him and then gives that thing to a third party other than the pledgee, and the pledgee consents to the gift thereof to the third +party, the g ift shall be valid and the obligation shall remain without the pledge, +notwithstanding that the pledgor is insolvent, and if the pledgee does not consent to the gift +of the property pledged to the third party, and the pledgor is insolvent, the gift shall be void, +and if the pledgor is solvent, the gift shall be valid if the debt is immediately payable to the +pledgee or if he gives sufficient pledge in its stead. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (622 ) +If property pledged is given to a person other than the pledgee and the donor dies before the +pledge is released, the possession by the pledgee of such pledge shall not, after the gift +thereof, be a possession on the account of the pledgee, and the gift shall be void. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (623 ) +A gift shall be void i f there is a debt exceeding the assets of the donor prior to (the donee +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 141 + coming into) possession of the property given, notwithstanding that the debt arises after the +gift is made. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (624 ) +(1) It shall not be permissible to make a gift of a tree and to exclude the fruit thereof for one +year or more on condition that the donee shall irrigate and serve the same for that period, +and such a gift must be cancelled if made. +(2) If a gift is cancelled, the donee must return the tree to the donor if it is st ill in its original +condition. +(3) If the condition of the tree has changed, the donee must pay the value thereof as at the +time he came into possession of it, and it shall become his property as from that date, and in +that event he shall have a right of r ecourse against the donor for the equivalent of the fruit +he has taken from it if he knows the amount thereof, or the value thereof if he does not +know the amount thereof. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (625 ) +If a person gives a thing to another and then, before that other has possession of it, gives it to +a second donee and the second donee takes possession of it before the first, then the second +donee shall be regarded as the true donee, and the donor shall not be obliged to pay the +value thereof to the first donee. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (626 ) +A gift of goods bailed to a bailee or a gift of property lent to a borrower shall be void if either +the bailee or the borrower refuses except after the death of the donor whether he knows of the gift after the death of the donor or prior to his deat h. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (627 ) +If goods lent are given to a person other than the borrower, or if goods bailed are given to a +person other than the bailee, and the donor dies prior to the expiration of the period of the +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 142 + loan or before the return of the goods bailed, the possession of the borrower of the goods +lent or of the bailee of goods bailed shall be regarded as possession in favour of the donee, +and the gift shall be perfected if the donor bears witness thereto, and if he does not so bear witness, the possession of each of them shall be regarded as being possession in favour of +the donor, and the gift shall be void. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (628 ) +(1) A gift of a minor or an imbecile otherwise than for consideration shall be void. +(2) The guardian of a person under a restriction may not make a gift of any of the property of +the person under the restriction unless he is his father, and the gift is for consideration. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (629 ) +If property on hire is given to a person other than the hirer and the donor then dies before the expiration of the hire period, the possession of the hirer after the gift shall not be the +possession of the donee unless the donor has also made a gift of the rental to the donee +before receiving it from the hirer, in which event the possession of the hirer shall be the +possession of the donee. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (630 ) +If one of two spouses gives property to the other in such a way that they necessarily share +the possession thereof, or if a wife gives the house which is the residence of them both to +the husband, the p erfection of the gift shall not depend on the independent possession of +the donee of the property given, but if one of them gives a thing to the other which is such that they do not necessarily share possession thereof or if a husband gives to his wife the +house which is the residence of them both, the gift will only be perfected by the +independent possession by the donee of the property given. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (631 ) +(1) The consideration stipulated for a gift must be known, otherwise either of the parties +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 143 + may can cel the contract even after taking delivery of the property given, unless they have +agreed to determine the consideration prior to the cancellation. +(2) If the property given is destroyed or is disposed of by the donee prior to the cancellation, +he must return the value thereof as at the date he received it. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (632 ) +Neither a promise to make a gift nor a gift of future property shall be valid. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (633 ) +If one of the parties to the gift dies or becomes bankrupt prior to delivery of the propert y +given, the gift shall be void notwithstanding (sic: possibly should be ""if"") that it was made +without consideration. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (634 ) +(1) The acceptance of property given by way of a gift shall be valid after the death of the donor if the property was rec eived in order to enable the donee to consider whether to +accept it as a gift or not, and he does accept it after the death of the donor. +(2) Likewise the receipt of property given after the death of the donor shall be valid if the +donee attempted to take possession of it during the lifetime of the donor but was unable to +do so until after his death. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (635 ) +The provisions relating to testamentary dispositions shall apply to gifts made during a terminal illness. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (636 ) +The effectiveness of a contract of gift shall be dependent upon any procedure required by +law for the transfer of ownership over such property, and it shall be permissible for either of +the parties to the contract to complete the necessary steps. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 144 + Part 2 : Effects of a gift +1- In relation to the donor +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (637 ) +The donor shall be obliged to deliver the property given to the donee, and the provisions for +the delivery of goods sold shall apply thereto. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (638 ) +The donor shall not be liable for any third party right over the property given in the hands of +the donee if the gift is given otherwise than for consideration, but he shall be liable for any loss sustained by the donee through such third party right if he deliberately concealed the fact of there being such a right , but if the gift was for consideration, he shall only be liable for +the existence of a third party right to the extent of the consideration passing from the donee unless a contrary agreement has been made. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (639 ) +If a third party right over the property given arises after it has been destroyed in the hands of the donee and the third party having the right elects to exercise a recourse against the donee +for compensation, the latter shall have a claim against the donor to the extent that he is +liable to the third party. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (640 ) +If there is a third party right in the property given and the donee has added to the value of the property in such a way that the increase cannot be separated without causing damage, +then the third party having the right may only recover the property after paying the value of +the increase. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (641 ) +A donor is not liable for latent defects in the property given, notwithstanding that he may +have deliberately concealed the same, unless the gift was for consideration. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 145 + 2- In relation to the donee +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (642 ) +The donee must provide such consideration as the donor has stipulated, whether the +consideration is to be given to the donor or to another person. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (643 ) +If the consideration for a gift is payment of a debt owed by the donor, then the donee shall +be bound only to pay the debt as it was at the time of the gift, unless a contrary agreement is +made. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (644 ) +If the property given is encumbered with an obligation for the payment of a debt owed by the donor or by a third party, the donee shall be obliged to pay such debt unless a contrary +agreement is made. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (645 ) +The costs of a contract of gift and the expenses of delivery of the property given and transfer +thereof shall be borne by the donee unless a contrary agreement is made. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (646 ) +(1) The donor may revoke the gift without the consent of the donee prior to possession thereof being taken. +(2) He may also revoke the gift after possession is taken if the donee agrees, and if he does +not agree it shall be permissible for the donor to apply to the judge for the cancellation of +the gift and the revocation thereof if such application is based on an acceptable cause, +unless there is any obstacle to the revocation. + + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 146 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (647 ) +The following shall be regarded as acceptable causes for the cancellation and revocation of a +gift: +(a) if the donor becomes unable to provide the means of livelihood for himself at a level +appropriate to his standing, or if he becomes unable to support other people in the manner +required by law; +(b) if a child is born to the donor after the gift is made, and the child remains alive until the +revocation of the gift, or if he has a child whom he believes to be dead at the time of the gift +and it subsequently transpires that he is alive; or +(c) an unjustified breach by the donee of his obligations as stipul ated in the contract, or a +breach by him of his obligations towards the donor or one of his relatives, in the event that +such breach is a gross dereliction on his part. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (648 ) +If the donee deliberately and unjustifiably kills the donor, his heirs shall have a right to annul +the gift. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (649 ) +The following matters shall be deemed to be obstacles to the revocation of a gift: +(a) if the gift is from eithe r of two spouses to the other, or to a person within the prohibited +degree of consanguinity, unless the gift amounts to unjustified favouritism among those persons; +(b) if the donee disposes of the property given in such a way as to transfer the ownership thereof, but if the disposition relates to part only of the property given, it shall be permissible for the donor to revoke the gift of the balance; +(c) if there is a substantial increase in the property given and that increase forms part of it, +which incr eases the value thereof, or if the donee alters the property given in such a manner +as to alter its nature; +(d) if one of the parties to the contract dies after possession of the property given has passed; +(e) if the property given is destroyed in the hands of the donee, but if the destruction is +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 147 + partial, it shall be permissible to revoke the gift of the balance; +(f) if the gift was for consideration; +(g) if the gift was by way of charitable donation, or to a charitable organisation; or +(h) if a creditor ma kes a gift of the debt to the debtor. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (650 ) +(1) The revocation of a gift, whether by consent or by order of the court, shall be regarded as +annulling the effects of the contract. +(2) The donee shall not be obliged to return the fruits (of the property given) save from the date of the revocation by consent or from the date of a court order in that behalf, and he +may recover expenses necessarily incurred, and so far as concerns other expenses, he may +only recover such as have increased the value of the property given. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (651 ) +(1) If the donor recovers the property given otherwise than by consent or order of the court, +he shall be liable for the destruction thereof, whatever the cause. +(2) If the court orders the revocation of the gift, and th e property is destroyed in the hands of +the donee after he has given notice to deliver it up, the donee shall be liable for the destruction thereof, whatever the cause. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (652 ) +It shall be permissible for a father to recover from his child what he h as given him, and it +shall also be permissible for a mother to recover from her child what she has given to him if the child is not an orphan, but if he is an orphan then she may not recover the property from him notwithstanding that he may have become an orphan after the gift was made. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (653 ) +The right of either parent to recover what he has given to his child shall lapse in the following circumstances: +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 148 + (a) if the property given itself has altered, or if the donee has disposed of it in such a way as +to relinquish ownership thereof; +(b) if a financial transaction has taken place with the donee as a result of the gift, and the +effect of the revocation of the gift would be to cause harm to the donee or to the third party; +or +(c) if either the donee or the donor becomes ill so that his life is feared for after making the +gift, but if the illness ceases, each of the parents shall regain his right to recover what he has +given to his child. + +Chapter Three : Companies +Part 1: Companies Generally +(1) General provisions +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (654 ) +A company is a contract whereby two or more persons are bound each to participate in a +financial project by providing a share of property or work for the exploitation of that project and the division of any profit or loss which ma y arise thereout. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (655 ) +(1) A company shall be regarded as a legal person immediately upon formation. +(2) The legal personality may not be relied upon as against third parties until after +completion of the procedures for registration and publicat ion laid down by law. +(3) Third parties may, however, rely on such legal personality despite the fact that the procedures referred to have not been completed. + +2- Elements of a company +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (656 ) +(1) The company contract must be in writing. +(2) If the contract is not in writing, it shall not affect the rights of third parties, and so far as +concerns the partners themselves, the contract shall be deemed to be valid unless one of +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 149 + them requires that it should be regarded as being invalid, and the same shal l apply to the +contract as from the date of bringing a claim. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (657 ) +(1) The capital of the company must be cash or other like property which may be dealt in, +and if it is not in cash the value thereof must be assessed. +(2) It shall be permissible for the shares of the partners to be equal or diverse, and it shall not +be permissible for a debt owed by a third party to constitute a share in the capital of the +company. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (658 ) +(1) It shall be permissible for the sha re of a partner in the company to be a right of property +or right to derive a benefit or any other right in specie, and the provisions relating to sale +shall apply thereto in connection with the liability therefor if it is lost or there is a third party +right over it or if any defect or shortcoming becomes apparent therein. +(2) If the share is no more than a right to derive benefit from property, the provisions relating to hire shall apply thereto. +(Tr: The word translated as ""hire"" embraces leases of prope rty, hire of chattels and animals, +and engagement of persons to work). +(3) If the share is represented by work, the partner must carry out the services which he has +undertaken to perform in a contract. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (659 ) +(1) The profits shall be distributed a s stipulated in the contract. +(2) If the company contract does not state the share of each of the partners in the profits, +they shall be distributed in accordance with the share of each of them in the capital. +(3) Losses shall be distributed among the part ners in proportion to the share of each of them +in the capital of the company, and every provision to the contrary shall be void. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 150 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (660 ) +If the partners agree that the share of any of them in the profits should be a fixed sum of +money, that condi tion shall be void, and the profits shall be distributed in accordance with +the share of each of them in the capital. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (661 ) +If the share of a partner is limited to his work, his portion of the profits shall be assessed in +accordance with the benefit derived by the company from such work, and if in addition to work the partner provides cash or any other thing, he shall have one share in respect of his +work and another share in respect of what he has provided in addition to the work. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (662 ) +If an agreement is made in the contract that one of the partners should not benefit by the +company's profits, or that he should not bear any of its losses, the company contract shall be void. + +3- The management of the company +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (663 ) +(1) Each partner shall be regarded as an agent for the remaining partners in his carrying out of the business of the company and in so acting as to bring about the aims for which the company was established, unless there is a contrary provision or agreemen t. +(2) Each partner shall be regarded as a trustee for the property of the company in his +possession. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (664 ) +(1) If it is agreed in the company contract that one of the partners should be deputed to +represent the company and manage its affairs, he alone shall have charge of such acts as are +embraced within that deputisation and all necessary incidents thereof. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 151 + (2) If more than one partner is deputed and neither of them is permitted to act singly, they +must act jointly save in such matters as do not require consultation as to the views of the +others or in an urgent matter delay in dealing with which would cause damage to the +company. +(3) It shall not be permissible to dismiss a person whom it has been agreed to depute in the +company contract nor to i mpose restrictions on the powers so granted without justification. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (665 ) +(1) It shall be permissible to appoint a manager of the company from among the partners or +other persons with or without remuneration. +(2) The manager may act within the lim its of the purposes of the company as entrusted to +him, but provided that in so acting he abides by the provisions of the contract or, in the absence thereof, within the limits of custom. +(3) If the manager acts outside the scope of his authority, he shall be liable for any loss +sustained by the company as a result of his action. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (666 ) +(1) There may be more than one manager of the company. +(2) In the event that there is more than one manager, the powers of each of them shall be +specified. +(3) It shall be permissible to dismiss them or one of them in the same manner in which he +was appointed. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (667 ) +It shall not be permissible for a person deputed to manage the company or appointed as a +manager of it to dismiss himself or to resign at such a time as would cause the company +damage. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (668 ) +The partners who are not managers shall not have a right of management, but they may +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 152 + themselves inspect the books and papers of the company. + +4- The effects of a company +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (669 ) +(1) A partner who has the right to organise the interests of the company shall be obliged in +so doing to act with such care as he would exercise in the organisation of his own private +interests unless he is appointed to work for a salary, and he may not fall bel ow the standard +of care of the reasonable man. +(2) He shall also be obliged to refrain from any act which may cause damage to the company +or which is contrary to the purpose for which the company was established. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (670 ) +It shall not be permissible for a partner to retain for himself any property of the company, +and if he does so he shall be liable in respect of any damage sustained by the company by +virtue of such retention. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (671 ) +(1) If the company owes a debt connected with the objects of the company and the assets of +the company are insufficient to discharge it, the partners shall be liable in their own personal property for the balance of the debt up to the amount of the share of each of them in the +losses made by the company. +(2) If i t is stipulated that the partners should be jointly liable in the company contract, they +shall all be responsible for the debt by way of joint liability. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (672 ) +(1) If one of the partners is indebted to another in a person al debt, his creditor may not +recover his right out of the share in the capital owned by that partner prior to the liquidation, +but it shall be permissible for him to recover it out of the profits due to the debtor. +(2) If the company contract provides for joint liability as between the partners, then such +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 153 + creditor may recover his debt from the capital of the company after it is liquidated. + +5- The termination of a company +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (673 ) +A company shall terminate for any of the following reasons: ‑ +(a) the expiry of the period of the company or the completion of the work for which it was +established; +(b) the loss of all of the capital or the capital of one of the partners prior to his making it +available; +(c) the death, insanity, bankruptcy, insolve ncy, being placed under legal restriction, or +withdrawal of one of the partners; +(d) the unanimous decision of the partners to dissolve the company; and +(e) the making of a judicial order for the dissolution of the company. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (674 ) +(1) It shall be permissible, prior to the expiration of the period laid down, for the company to extend it for a further fixed period, by way of continuing the company. +(2) If the period laid down for the company expires or if the work for which the company +was establishe d is completed and then the partners continue with their operations, that shall +be regarded as an implied extension of the company on a year by year basis under the same conditions. +(3) It shall be permissible for the creditor of one of the partners to obj ect to the extension of +the company, and the effect of such objection will be to suspend the effect of the extension with regard to him. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (675 ) +(1) It shall be permissible for an agreement to be made that if one of the partners dies the company sh all continue with his heirs even if minor, and in that event the heirs shall take +the place of the deceased after agreement being made by them or by the guardian of any of +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 154 + them who are under a disability, without prejudice to the conditions and provisions laid +down by law. +(2) It shall likewise be permissible for an agreement to be made to continue the company as +between the remainder of the partners if one of them dies or is placed under a legal +restriction or becomes bankrupt or withdraws, and in those ev ents such partner or his heirs +shall be entitled only to his share in the assets of the company. Such share shall be assessed +on the basis of the value thereof on the date on which the event resulting in his departure +from the company took place, and it s hall be paid in cash. He shall not be entitled to any +share in any new rights arising thereafter save to the extent that those rights arose out of +operations occurring prior to such event. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (676 ) +It shall be permissible for the court to order that the company be dissolved upon the +application of any of the partners on the grounds that a partner has not done that which he +has undertaken to do or by reason of his having caused the company fundamental damage +by virtue of his actions in the affairs thereof. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (677 ) +(1) It shall be permissible for a majority of the partners to apply for a judicial order +dismissing any partner if they adduce serious reasons therefor justifying the dismissal. +(2) I t shall likewise be permissible for any partner to apply for a judicial order that he cease +to be a partner in the company if the company is of limited duration, and he provides +reasonable grounds for such application. +(3) In both of the foregoing events t he provisions of Article 675 (2) shall apply to the share +of the dismissed or withdrawing partner, and such share shall be assessed in accordance with its value on the date the claim was brought. + + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 155 + 6- The liquidation and division of (assets of) companies +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (678 ) +The assets of a company shall be liquidated and distributed in such manner as the partners +agree, and if they do not agree it shall be permissible for any person having an interest to +apply to the court for an order appointing one or more liquidators to carry out the +liquidation and distribution. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (679 ) +(1) The company shall retain its legal personality to the extent necessary for the liquidation. +(2) The manager or managers of the company shall be regarded as liquidators vis -à-vis third +parties until the liquidator is appointed. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (680 ) +The liquidator shall carry out all the acts of liquidation including taking an inventory of the assets of the company, getting in its rights, paying its debts, and selling its assets until the +property is ready for distrib ­ution, having regard in all of the foregoing to the restrictions +laid down in the order appointing him, and he may not do any act not required by the +liquidation. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (681 ) +The rules relating to the distribution of property in co- ownership shall be followed in +distributing companies. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (682 ) +(1) The property of the company shall be divided among the partners after settling the rights of creditors and retaining monies for the payment of debts not yet due or disputed debts, as +well as the costs arising out of the liquidation. +(2) There shall be allocated to each partner a sum of money proportionate to his share in the +capital. Such person shall also receive profits and bear losses in the proportion agreed or +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 156 + laid down in the provisions of this Law. + +Part 2: Certain types of companies +1- Companies to perform work +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (683 ) +A business company is a contract whereby two or more persons agree to be bound to carry +out wor k and to be liable therefor to third parties against payment of consideration, whether +they share equally or unequally in the distribution of the work, and provided that the work must be of a single nature and inseparable. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (684 ) +(1) Each of the p artners shall be obliged to perform the work which any of them has +accepted and undertaken to do. +(2) Each of them shall have the right to receive the consideration agreed, and the customer shall be discharged of liability by making payment to any of them. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (685 ) +A partner shall not be personally obliged to carry out work which he has himself accepted, and he may give it to another partner or to a person other than one of his partners unless the customer has stipulated that he should perform it himself. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (686 ) +(1) The profits shall be divided among the partners in the manner agreed. +(2) It shall be permissible for there to be an unequal distribution of profits notwithstanding that it is stipulated that there should be an equal division of work. +(3) Each of them shall be entitled to his share of the profit, notwithstanding that, with a n +acceptable excuse, he has not worked. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 157 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (687 ) +Partners shall be jointly liable in the performance of the work. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (688 ) +If a thing which is to be worked on is destroyed or damaged by the act of one of the partners, +the customer may hold whichever partner he wishes liable in his property. The loss shall be +divided among the partners to the extent of the liability of each as between themselves. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (689 ) +It shall be permissible in respect of a business company for the place of work to be provided +by some of the partners, and the appliances and equipment to be provided by others, and it likewise shall be permissible for the place of business and the equipment and appliances to +be supplied by some of them, and for the work to be perfor med by the others. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (690 ) +(1) It shall be permissible for the activities of a business company to be the carriage and +transportation of goods, and no regard shall be had to the different types of means of +transport owned by each partner as to type or capacity or carriage, so long as each partner is +liable for the work. +(2) Provided that if the company is formed not for the purpose of accepting work but for the hiring out of means of transport as such and the division of the hire money, the company +contract shall be invalid and the hire money on each separate conveyance shall belong to +the owner thereof, and any person who has assisted in collecting and transporting shall +receive a quantum meruit remuneration. + +2- Speculative venture partnerships +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (691 ) +(1) A speculative venture partnership is a contract whereby two or more persons agree to purchase property on credit in accordance with the standing each of them has, then to sell it, +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 158 + and to participate in the profits. +(2) The partners shall be liable for the price of the property purchased each according to his +share in it, whether they carry out the purchase jointly or singly. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (692 ) +The profit and loss shall be distributed between the partners in the proportion of the liability +of ea ch of them for the property which they have purchased on credit, unless a contrary +agreement is made. + +3- Mudaraba companies (where one partner places assets at the disposal of +another to make a profit) +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (693 ) +A Mudaraba is a contract whereby the person owning property puts in the capital, and the +mudarib puts in effort or work, with a view to making a profit. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (694 ) +The following conditions must be satisfied for a mudaraba to be valid: +(1) The owner of the capital must be competent to gra nt power of attorney, and the mudarib +competent to hold one. +(2) The capital must be known, and such as may be properly dealt in. +(3) The capital must not be a debt or a deposit with the owner of the capital owed by the +mudarib. +(4) The capital must be del ivered to the mudarib. +(5) The share of each of the contracting profits in the parties must be an ascertained and +co-owned part. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (695 ) +(1) After the capital has been delivered to him, the mudarib shall have the power to make +dispositions of it on behalf of the owner thereof. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 159 + (2) The mudarib shall be trustee of the capital, and a partner in the profits. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (696 ) +It shall not be permissible to stipulate that the mudarib shall be liable for the capital if it is +lost or wasted through no wrongf ul act on his part. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (697 ) +It shall be permissible for a mudaraba to be general and absolute or specific and limited as to time, place, type of trade or by any other restrictive conditions. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (698 ) +(1) If the contract of mudaraba is absolut e, the mudarib shall be deemed to have +authorisation to work and make dispositions of the capital in the affairs of the mudaraba and ancillary matters in accordance with the prevailing custom in that regard. +(2) It shall not be permissible for the mudarib to mix the capital in the mudaraba with his +own property nor to give it to another person by way of mudaraba unless there is a custom +to the contrary, or unless the owner of the capital has authorised the mudarib to use it as he +thinks fit. +(3) Likewise it shall not be permissible for him to make a gift of or to lend the capital in the +mudaraba, nor to raise a loan whereby the debt becomes greater than the amount of the capital, save by the express permission of the owner of the capital. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (699 ) +If the owner of the capital restricts the mudaraba by certain conditions, those must be +observed, and if the mudarib exceeds the permitted limits in his dispositions, the profit shall +be distributed as agreed between the partners, and the loss shall fall on t he mudarib. + + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 160 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (700 ) +If the mudarib shares with another mudarib in the capital in the mudaraba, or if he sells part +of the goods on credit without the consent of the owner of the capital, the first mudarib shall +be liable for any diminution in or loss of the capital in the mudaraba in either event. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (701 ) +If the mudarib pays out money in the mudaraba without the consent of the owner of the capital to a third party to make use of it, the first mudarib shall be liable for any diminution in o r loss of it, and the second mudarib shall not be liable. If a profit is made, the first +mudarib shall not have any of it, but the second mudarib shall have part of the profit to which he is entitled if it is equal to the part stipulated in favour of the first mudarib, and if it +is less than it the excess shall belong to the owner of the capital, and not to either of the first mudarib or the second. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (702 ) +If the mudarib trades with the property of the mudaraba and makes a loss, and pays the balance thereof without the consent of the owner of the capital to another operator to use it +by way of mudaraba and he makes a profit, the owner of the capital shall have the whole of +his capital and his share of the profit in the hands of the second mudarib b y way of capital +and profit, and the second mudarib shall have the right of recourse against the first mudarib +for the balance of his share in the profit in the event that he was unaware that the first +mudarib was exceeding his authority, or of the loss he had made, and if he was aware of the +excess of authority or of the loss, he shall not be entitled to have any recourse against him. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (703 ) +(1) Both the mudarib and the owner of the capital must share in the profits in the proportion agreed in the contract, and if no division of profits has been specified between them then +the division shall be in accordance with custom, and in the absence of any custom the division shall be equal. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 161 + (2) If the mudarib is authorised to mix his property with the capit al in the mudaraba, the +profits shall be shared in proportion to the capital, the mudarib shall take the profit from his +capital, and the profits of the capital in the mudaraba shall be shared between the two contracting parties in the manner provided for in the foregoing paragraph. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (704 ) +(1) The owner of the capital shall alone bear any loss, and any provision to the contrary shall +be void. +(2) If any of the capital in the mudaraba is lost, that shall be accounted for out of the profits, +and if the loss exceeds the profits the balance shall be accounted for out of the capital, and +the mudarib shall not be liable therefor. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (705 ) +The mudaraba shall terminate in the following circumstances: +(1) If the contract is cancelled by either of the contracting parties. +(2) If the owner of the capital dismisses the mudarib, and the mudarib may not, after +becoming aware of his dismissal, dispose of the property in the mudaraba if it is money, and if it is not money, it shall be permissible for the muda rib to convert it into money. +(3) If the expiry of the period of the mudaraba was expressed to continue until a specified time. +(4) If one of the contracting parties dies or becomes totally insane or comes under a +restriction. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (706 ) +If either of the contracting parties terminates the mudaraba prior to the due time, it shall be +permissible for the injured party to have a recourse against the other for any loss suffered by him to be made good. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (707 ) +(1) If the mudarib dies and the capital in the mudaraba is unknown, the right of the owner of +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 162 + the capital shall be a debt against the estate. +(2) If, prior to his death, the mudarib specifies the capital, and that which he has specified is +in the estate, the owner of the capital shall have the e xclusive right thereto in priority over +ordinary creditors. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (708 ) +The general provisions relating to companies shall apply to business companies, +partnerships of persons and mudaraba in all matters in which the special provisions relating +thereto do not conflict with them. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (709 ) +The rules set out in this Part shall be without prejudice to the provisions of any special laws. + +Chapter Four : Loans +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (710 ) +A loan is the granting of ownership of property or fungible things to another wi th the +condition that that other should return its like in amount, kind and description to the lender upon the expiry of the period of the loan. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (711 ) +The borrower shall obtain full ownership of th e property lent under the contract even if he +does not take possession of it from the lender and he may obtain an order in respect of it if +the lender refuses to deliver it to him. The loan shall not become void if any matter arises +which prevents the bor rower from dealing with the property before the borrower takes +possession of it. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (712 ) +(1) The lender must be a person having the capacity to make gifts. +(2) A guardian or tutor may not lend to or borrow from the person under his guardianship +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 163 + save with the consent of the court. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (713 ) +Property borrowed must be fungible and consumable. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (714 ) +If the contract of loan provides for a benefit in excess of the essence of the contract +otherwise than a guarantee of the rights of the lende r, such provision shall be void but the +contract shall be valid. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (715 ) +A condition of mortgage (or pledge) or surety in a loan shall be valid. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (716 ) +If third party rights are subsisting (or arise) in the property lent while it is in the hands of the +borrower, his obligation to return its like shall cease and he shall have a recourse against the +lender for indemnity for any loss sustained by him by reason of such third party right if (the +lender) was acting in bad faith. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (717 ) +If a latent defect appears in the property borrowed, the lender shall only be obliged to return +its value with that defect. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (718 ) +(1) If the loan has a fixed or usual term, the borrower must return the property to the lender +upon the expiry of th at period even if no benefit would accrue to him thereby. +(2) If there is no term for the loan, the borrower will only be obliged to return the property upon the expiry of such period as enables him to have the usual benefit of such property. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 164 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (719 ) +(1) The borrower shall be bound to return the like of what he has borrowed in amount, type +and description upon the expiry of the period of the loan, notwithstanding any difference +occurring in the value of the property, at the time and place agreed. +(2) If it is impossible to return the (exact) equivalent of the property borrowed, the right of +the lender shall be transferred to its value at the time possession is taken of it. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (720 ) +If a number of persons borrow property and one of them takes possession of it with the +consent of the others, then none of them may claim against him save for the amount of his +share of that which the one received. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (721 ) +(1) The borrower must make satisfaction of the loan at the place where the loan was made unless there is an express or implied agreement to the contrary. +(2) If it has been agreed that the loan should be satisfied in another place where the value of +the property borrowed is different from the value in the place it was lent, the right of the +lender shall be transferred to the value at the place the loan was made. + +Chapter Five : Accords (settlement of disputes) +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (722 ) +An accord is a contract whereby a dispute is removed and litigation between the two composing parties ceases by mutual c onsent. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (723 ) +(1) The parties to an accord must be competent to make dispositions for consideration in respect of the rights covered by the contract of accord. +(2) If the accord involves the waiver of any right, that competence must in clude the capacity +to make gifts. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 165 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (724 ) +The accord of a minor of the age of discretion or of an idiot authorised to make dispositions +shall be valid if there is no evident damage to them therein, and the same applies to accords +made by guardians an d tutors, having regard to the provisions of the special laws. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (725 ) +The matt er in respect of which the accord is made must be such that an alternative may be +taken in consideration of it, even if it is not property, and must be ascertained if it involves delivery and receipt. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (726 ) +(1) The consideration for the accord mu st be ascertained if it requires delivery and receipt. +(2) If the consideration for the accord is property or a benefit owned by a third party, the validity of the accord shall depend on the consent of that third party. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (727 ) +(1) An accord in res pect of rights shall be valid whether the defendant acknowledges them, +denies them, or is silent and makes no acknowledgement or denial. +(2) If an accord takes place in the case of an agreement for a specific consideration to be +handed over it shall have the status of a sale, and in the case of a benefit (right of use) it shall +have the status of a (contract of) hire. +(3) If an accord is made by way of denial or silence that shall be regarded as a commutative +contract with regard to the claimant, and a waiv er of the oath and a cessation of the +litigation with regard to the defendant. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (728 ) +If a person makes an accord for part of the thing claimed or a certain amount of that which +he claims as against the other, his right to cl aim the balance shall lapse. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 166 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (729 ) +(1) If two persons reach an accord in a case where each of them claims property in the +possession of the other, on the basis that each may keep the property in his possession, the +accord shall have the status of a barter transaction, and the validity thereof shall not depend +on knowledge of (the amount of) the consideration. +(2) Accords shall be governed by the provisions governing contracts most similar thereto in +nature as far as concerns the validity and effec ts thereof. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (730 ) +(1) An accord shall result in the transfer of the rights of the compounding party to the +consideration agreed, and the lapse of his right which was the subject matter of the dispute. +(2) An accord shall be binding upon both part ies to it, and it shall not be permissible for +either of them or their heirs to resile from it thereafter. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (731 ) +The effects of an accord shall be restricted to the rights with which it deals and the +determination of the dispute thereover, to the exclusion of other matters. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (732 ) +It shall be permissible for the parties to an accord to abrogate it by mutual consent if it is made by way of commutative contract, but it shall not be permissible to abrogate it if it +involves the waiver of cert ain rights. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (733 ) +It shall not be permissible to enter into an accord if it includes any of the following +impediments: ‑ +(1) The annulment of a debt by another debt. +(2) the sale of food by way of commutative contract prior to delivery. +(3) The de ferred exchange of gold against silver and vice versa. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 167 + (4) Riba al- nasi'a (usurious interest in consideration of the deferment of the payment of a +debt). +(5) Substituting part of a deferred debt owed by a debtor in consideration of advancing the +date of pa yment. +(6) Reducing the amount of a guarantee on a deferred debt owed by a debtor in +consideration of accelerated payment with an increase. +(7) A loan involving a benefit. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (734 ) +An aggrieved party of the two compounding parties may, upon denial, set aside the accord +in the following circumstances: +(1) If the party acting unfairly acknowledges his unfair treatment of the other after the +accord is made. +(2) If facts become known to the aggrieved party after the accord was made and he swears that he was unaware of such facts at the time the accord was made. +(3) If there was evidence not available to such person which could not have been made +available during the currency of the proceedings and he testifies upon making the accord +that he will adduce th at evidence upon its becoming available. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (735 ) +If an accord is made upon denial because of the claimant not having a document +establishing the right compounded, he may set aside the accord if he thereafter finds su ch +document, but if he has claimed he had such a document and the defendant has requested +him to produce it in order for him to secure his right as evidenced thereby and he then +alleges that it has been lost and makes an accord, he may not set aside the ac cord thereafter +if he finds the document. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (736 ) +If one of several heirs makes an accord with the debtor of their legator in respect of a debt, +then the other heirs may either enter into the same accord, or refrain from doing so and +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 168 + claim their ri ghts against the debtor or make an accord with him. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (737 ) +One of several heirs may make an accord in respect of his part of the inheritance by way of +part of the legacy provided that the part compounded is available if he is making an accord +in respect of an amount equal to or less than his portion, or the whole of the estate is +available if he is making an accord in respect of an amount greater than his portion. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (738 ) +(1) If one of two (or more) creditors makes an accord with their debtor, the other creditor may refrain from entering into that same accord with him and may have recourse against +the debtor for his share, and if he proves unable to pay, he shall have no ri ght of recourse +against his co -creditor. +(2) The other creditor may enter with his co -creditor who made the accord into that same +accord if he has not refused to make an accord, and in that event he shall have a recourse +against the debtor for the balance of his share and the compounding creditor shall have a +recourse against the debtor for such money as his co -creditor took from him. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (739 ) +It shall not be permissible to make an accord in respect of such part of merchandise, animals +or unascertained food as has been consumed by agreeing to the deferred return of a greater +amount of the same kind, or goods of a different kind, unless the amount agreed to be given +in satisfaction is goods estimated at that value or less. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (740 ) +In the event that it is impossible to ascertain an unknown, an accord for an ascertained consideration shall be valid if both parties or the debtor alone are in ignorance. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 169 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (741 ) +Subject to the provisions of Articles 734 and 735, th e accord shall cause the dispute to +determine finally, and no claim made by the claimant shall be heard thereafter even if he +adduces evidence of his claim or an earlier admission of what is denied. + +Section Two : Usufructuary (contracts) +Chapter One : Hire +Part 1 : Hire in general +1- Definition of hire +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (742 ) +A hire shall be the conferring by the lessor on the lessee of the right of use intended for the +thing hired for a specified period in consideration of an ascertained rent. + +2- Elements of hire +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (743 ) +In order for there to be a valid hire, both parties must be of full capacity at the time of the contract. +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (744 ) +(1) For a hire to be valid, the lessor or the person acting on his behalf must have the right to dispose of that which he is hiring. +(2) A hire granted by a voluntary agent (see Article 325 et seq.) shall be dependent upon the +consent of the person having the right to dispose of the property upon the conditions laid +down. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (745 ) +The subject matter of a hire shall be the enjoyment of the use of the property, and delivery +thereof shall be effected by delivering the subject matter of hire. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 170 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (746 ) +The enjoyment of use contracted for must satisfy the following conditions: +(a) the benefit must be capable of being enjoyed; and +(b) it must be sufficiently ascertained for a dispute to be determined. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (747 ) +That from which the enjoyment of use is to be derived must be ascertained either by +inspection or by reference to t he particular place where it is or by a clear description, +otherwise the contract shall be void. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (748 ) +(1) The rent must be known by specifying the type and amount thereof if it is money, and by +specifying the type, description and determination of the extent thereof if it is a non -money +rent. +(2) If the rent is unknown, it shall be permissible to cancel the hire, and a fair rent shall be paid in respect of the period up to the cancellation. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (749 ) +The rent may be property, a debt, or a benefit. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (750 ) +The rent shall be due upon the enjoyment of use being derived, or when it becomes capable of being derived. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (751 ) +It shall be permissible to stipulate that the rent be payable immediately, or be deferred or payable in inst alments at specified times. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 171 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (752 ) +(1) If the time for payment of the rent is not specified in the contract, the rent determined for +the enjoyment of the use absolutely shall be paid after the enjoyment of use has been +derived or after it has become capable of being derived. +(2) With regard to rent payable in respect of a unit of time, custom shall be followed with +regard to the time for payment, otherwise the judge shall determine the same upon the +application of the person having an interest. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (753 ) +Rent shall not be payable in re spect of any period expiring prior to delivery of the thing +leased unless the lessee is the cause (of non -delivery). + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (754 ) +The period of the hire shall commence as at the date agreed in the contract, and if no date is +specified, then it shall commence as at the date of the contract. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (755 ) +The period of the hire must be ascertained. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (756 ) +If the contract of hire does not specify the period or if it is impossible to prove the period alleged, the hire shall be deemed to have been made for the period specified for the +payment of the rent and to expire upon the expiration of such period upon the request of +either of the contracting parties. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (757 ) +If the contract of hire expires and the lessee remains in enjoyment of the thi ng hired with the +knowledge of the lessor and without any objection from him, the hire shall be deemed to +have been renewed on the original terms and for a like period. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 172 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (758 ) +It shall be permissible to stipulate that the hire shall be for a future period and such contract +shall be binding unless the thing leased is a waqf (charitable endowment) or the property of +an orphan, in which event it shall not be permissible for the hire for a future period to commence more than one year from the date of th e contract. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (759 ) +If the period of the hire expires, and it is proved that it is necessary to extend it, it shall be extended for as long as the necessity exists, and provided that the lessee shall pay a fair rent +therefor. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (760 ) +If the lessor asks the lessee for a specified increase in the named rent after the expiry of the +period of the hire, he shall be bound to pay it if the period has expired and he remains in +possession of the thing hired without objection. + +3- Effects of hire +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (761 ) +Each of the two contracting parties shall be obliged to carry out the contents of the contract in such a manner as to achieve the lawful purpose thereof. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (762 ) +If the contract of hire has been validly made, the right of enjoyment of th e thing hired shall +pass to the lessee. + +4- Obligations of the lessor +a- Delivery of the thing hired +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (763 ) +(1) The lessor must deliver the thing leased together with the appurtenances thereof in such +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 173 + condition that the intended benefit may be deri ved in full. +(2) Delivery shall be effected by enabling the lessee to take possession of the thing hired +without any obstacle to his enjoyment thereof, with him remaining in continuous possession of it until the period of the lease expires. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (764 ) +The lessor may refuse to give delivery of the thing hired until rent payable in advance is paid. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (765 ) +(1) If a contract of hire is made over a specified thing for a lump sum rent and the number of units thereof is referred to without specifying the rent in respect of each unit thereof, and it +appears that the units are greater or less, the rent shall be that specified in the contract +without any increase or deduction, and in the event of a shortfall the lessee shall have the option to cancel the contract. +(2) If the rent for each unit is specified In the contract the lessee shall be obliged to pay the specified rent for excess units, and the lessor shall be obliged to reduce the specified rent for +any units short, and the lessee shall have the option to cancel the contract in either event. +(3) Provided that if the amount of the shortfall or excess is slight and does not affect the +intended enjoyment, then the lessee shall not have the option to cancel. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (766) +The (legal) effects of deliver y of goods sold shall apply to delivery of the thing hired and the +appurtenances thereof unless the two parties have agreed to the contrary. + +b- Maintenance of the thing hired +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (767 ) +(1) The lessor shall be obliged to repair any defect in the thing hired which has an effect on +the deriving of the intended enjoyment, and if he does not do so it shall be permissible for +the lessee to cancel the contract or to obtain leave from the judge authorising him to make +the repair and to have recourse against t he lessor for his expenditure up to a generally +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 174 + acceptable level. +(2) If the defect which the lessor is by custom obliged to make good is a minor matter, or an +urgent matter which does not admit of delay and the lessee requests him to repair it and he makes delay or it is impossible to contact him, it shall be permissible for the lessee to repair it +and to deduct his expense up to a generally acceptable level from the rent due. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (768 ) +(1) If, with the consent of the lessor, the lessee constructs bu ildings or makes repairs which +benefit the thing hired, or if he maintains that thing, he shall have a recourse therefor for his +expenditure up to a generally acceptable level, notwithstanding that there is no express +provision that he should have such a r ight of recourse. +(2) If, however, any new construction the lessee makes enures to his personal benefit, he +shall have no right recourse against the lessor unless there is an agreement to the contrary. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (769 ) +(1) It shall be permissible for th e lessor to prevent the lessee from doing any work which +results in damage or alteration to the thing hired, and from putting in any equipment or +appliances which may damage it or reduce the value thereof. +(2) If the lessee does not refrain from so doing, the lessor shall have the right to apply to the +judge to cancel the contract and to seek damages for the loss caused to him by such +wrongful act. + +c- Liability for the thing hired +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (770 ) +(1) It shall not be permissible for the lessor to expose the l essee to anything which may +disturb his enjoyment during the period of the hire, nor to effect any alteration in the thing +hired which may prevent use being made thereof or which may prejudice the beneficial use +contracted for, and if he does so, he shall be liable therefor. +(2) The liability of the lessor shall not be restricted to acts done by him or those subordinate +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 175 + to him, but shall extend to any exposure or damage based on a legal cause emanating from +any other lessee or any other person deriving his right from the lessor. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (771 ) +If the interference results in the lessee being deprived of his use of the thing hired in accordance with the contract, he may require that the contract be cancelled or that the rent +be reduced, and shall have a claim for damages for the detriment he has suffered. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (772 ) +(1) The lessor shall be liable to the lessee for any defects in the thing hired which prevent or substantially diminish the use made of it, but he shall not be liable for defects which by +custom fall within the margin of tolerance. +(2) The lessor shall not be liable for a defect if the lessee was aware thereof at the time the +contract was made, or if it would have been an easy matter for him to gain knowledge +thereof. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (773 ) +If as the result of a defect the lessee is prevented from enjoying the thing leased, it shall be +permissible for him to require that the contract be cancelled or that the rent be reduced, and he shall have a claim for any loss suffered by him. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (774 ) +The p rovisions governing the option for defect in property sold shall apply to any defects in +property hired in all matters not inconsistent with the nature of hire. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (775 ) +Any agreement purporting to give exemption from liability for any interference or defect shall be void if the lessor has fraudulently concealed the cause of such liability. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 176 + 5- Obligations of the lessee +a- The preserve and return the thing hired +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (776 ) +(1) The thing hired shall be regarded as being held in trust by the lessee who shall be liable +for any diminution, damage or loss arising out of his default or wrongful act. He must +exercise the care of the reasonable man in preserving the same. +(2) If there are several lessees, each of them shall be liable for any damage arisi ng out of his +wrongful act or default. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (777 ) +(1) It shall not be permissible for a lessee to exceed in his use of the thing hired the bounds +of the use agreed in the contract, and if there is no (specific) agreement he shall be bound to +use it for the purpose for which it is intended, and in the manner dictated by custom. +(2) If in using the thing he exceeds the agreed bounds or acts in breach of custom, he shall +be liable for any damage arising out of his act. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (778 ) +(1) It shall not b e permissible for the lessee to effect any alteration to the thing hired without +the consent of the lessor unless he has a duty to repair the property hired, and provided that he causes no loss to the lessor. +(2) If the lessee exceeds that duty he must, upon the expiration of the hire, restore the +property hired to the condition in which it was, and must pay compensation if appropriate, +all of the above being in the absence of any agreement to the contrary. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (779 ) +(1) The lessee must make the repai rs agreed upon, for which he is obliged by custom to carry +out. He must, during the period of the hire, clean the property leased and remove from it +any accumulated dirt or rubbish, and anything else which by custom he is required to attend +to. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 177 + (2) During the rental period, he must clean the rented property and remove any dust or +waste that has accumulated in it and other things that custom requires that he is responsible +for. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (780 ) +(1) It shall not be permissible for a lessee to prevent th e lessor from carrying out necessary +works for the maintenance of the thing hired. +(2) If those works are such as to disturb the enjoyment of the lessee, he shall have the right +to cancel the contract unless he continues to enjoy the use until the maintena nce works are +completed. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (781 ) +(1) If the whole of the enjoyment of the thing leased is lost, the lessee shall not be obliged to +pay the rent in respect of the period of the loss of enjoyment. +(2) If the loss of the enjoyment is partial and is such to affect the enjoyment intended, he shall have the right to cancel the contract and the obligation to pay the rent shall lapse as +from the date of the cancellation. +(3) If the lessor repairs the thing hired prior to the cancellation the lessee shall be relieved of +the obligation to pay rent to the extent of his loss of use, and he shall have no option to +cancel. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (782 ) +(1) If by any act of the competent authorities it becomes impossible to derive full enjoyment +from the thing hired through no c ause on the part of the lessee, the lease shall be cancelled +and the obligation to pay the rent shall cease as from the date of the impossibility arising. +(2) If the impossibility affects the enjoyment of part of the property hired in such a way as to affe ct the enjoyment intended, the lessee may cancel the contract and his obligation to pay +the rent shall cease as from the time he notifies the lessor. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 178 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (783 ) +It shall be permissible for the lessee to cancel the contract in the following circumstan ces: +(1) if the performance thereof entails evident harm to his person or property or to any of his +subordinates in the enjoyment of the property hired; or +(2) if any event occurs which prevents the performance of the contract. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (784 ) +(1) The lessee must return the thing hired to the lessor upon the expiration of the period of the hire in the condition in which he took delivery of it, with the exception of such loss or damage as the property may have suffered through no cause of his. +(2) If he retains possession of it without right he shall be bound to pay the lessor a fair rent, and he shall be liable for any loss suffered. (3) If the return of the thing hired requires porterage and provisions, the charge for the +carriage thereof shall be borne by the lessor. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (785 ) +If the lessee has made a new building or planted plants in the thing hired, even with the +consent of the lessor, the lessor may, upon the expiration of the hire, either require him to demolish the building or remove the plants, or he may take over ownership of the new +buildings or plants placed there for such value as they would have if removed if the +destruction or removal thereof would cause harm to the property, and if the demolition or +removal would not cause harm to the property, the lessor may not require that they remain +there without the consent of the lessee. + +b- Lending and (sub) hiring the thing hired +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (786 ) +The lessee may lend the thing hired or may allow another person to use and enjoy the whole +or part of it without consideration to the extent that such use does not differ from normal +use. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 179 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (787 ) +It shall not be permissible for a lessee to hire the thing hired either in whole or in part to +another person save with the consent or approbation of the lessor. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (788 ) +In the circumstances provided for in the two foregoing Articles, the lessee sh all be bound by +the conditions of the contract of hire both as to type and time. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (789 ) +If the lessee hires the thing hired with the consent of the lessor, the new lessee shall take the +place of the first lessee in respect of all rights and obligations arising under the first contract. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (790 ) +If the contract of hire made with the first lessee is cancelled or expires, his lessor shall have the right to termi nate the contract made with the second lessee and to recover the thing +hired. + +6- The termination of the hire +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (791 ) +(1) The hire shall terminate in the two following circumstances: +(a) upon the expiration of the period laid down in the contract un less there is a stipulation +that it should be renewed automatically; or +(b) upon the expiry of the right of beneficial use if the lease is granted by a person who has such right, or the person having the reversionary right. +(2) If the contract of hire expi res and the lessee continues to enjoy the property hired with +the express or implied consent of the lessor, the contract shall be deemed to be renewed +upon the original terms. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 180 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (792 ) +If the lessee uses the thing hired without right after the exp iration of the period of the hire, +he shall be bound to pay a fair rent in respect of the period of the use, and he shall be liable +to the lessee over and above that for any harm suffered by the thing hired. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (793 ) +(1) A hire shall not terminate u pon the death of either of the contracting parties. +(2) However, it shall be permissible for the heirs of the lessee to require the termination of the hire if they establish that the burdens of the hire have, by virtue of the death of their +legator, become more burdensome than their resources can sustain, or if it is in excess of +their needs. +(3) If the hire has been created solely by reason of the occupation of the lessee or for other +considerations pertaining to his person, and he then dies, it shall be p ermissible for his heirs +or for the lessor to require that the contract be terminated. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (794 ) +(1) It shall be permissible for either of the contracting parties, for some unforeseen reason +connected with him, to require that the contract of hire be terminated, and he shall then be +liable for any harm sustained by the other contracting party arising out of such termination, +within the limits laid down by custom. +(2) If it is the lessor who requires the termination of the contract, the lessee shall not be bound to return the thing hire until he is paid compensation or is given a sufficient +guarantee. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (795 ) +(1) If the thing hired is sold without the consent of the lessee, the sale shall be effective as +between the seller and the purchaser, but shall not affect the rights of the lessee. +(2) If the lessee consents to or affirms the sale, the sale shall be effective as against him, and +he shall be bound to deliver the thing hired unless he has paid the rent in advance, in which +case he shall have the right to retain the thing hired until he recovers the equivalent of the +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 181 + rent in respect of the balance of the period for which he has not had the enjoyment of the +thing hired. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (796 ) +A contract of hire over a house or the like shall not termin ate if it becomes apparent that the +lessee has used it for immoral purposes and the public prosecutor has taken it over in order +to restrain the immoral use thereof, but if such use has not ceased the judge may expel him therefrom upon the application of t he owner or neighbour, and he shall be bound to pay the +rent therefor if by reason of such immoral use any harm has been sustained by the house or a neighbour, and he shall be bound to pay the rent in respect of the period during which he +was evicted, prior to the reletting thereof. + +Part 2: Certain types of hire +1- Leases of agricultural land +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (797 ) +A lease over agricultural land shall be valid if it is accompanied by a declaration of what is to +be grown thereon or if the lessee has the option to grow on it what he wishes. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (798 ) +It shall not be permissible to grant an immediate lease in possession over land while crops of another person are growing on it, if such crops have not matured, and it is cultivated by +virtue of a right, unless the lessee is the owner of the crops. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (799 ) +It shall be permissible to grant the lease over land with crops on it, and the owner thereof +shall be bound to pick and deliver the crops to the lessee in the two following circumstances: +(a) if it is sown by virtue of a right and the crops have matured at the time of the lease; or +(b) if it is sown without right whether the crops have matured or not. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 182 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (800 ) +It shall be permissible to grant a lease over land on which there are crops but deferred to a +time at which the land is clear. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (801 ) +(1) If a person takes a lease of land for agriculture, the lease shall embrace all of the rights +appurtenant ther eto, but agricultural plant and machinery shall not be included therein, nor +shall things affixed to the land, save by a provision in the contract. +(2) If the contract of lease does embrace agricultural plant, equipment etc., the lessee must maintain the same and use it in such manner as is customary. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (802 ) +If a person takes a piece of land on the basis that he may cultivate thereon what he wishes, +he may cultivate it repeatedly during the year, both in summer and in winter. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (803 ) +If the period of a lease over land expires before the crop matures for a reason beyond the +control of the lessee, he shall be permitted to remain at a fair rent until the crop matures and +is harvested. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (804 ) +The lessee must exploit the agricultur al land in accordance with the customary requirements +of good husbandry, and he must ensure that the land is left in a suitable condition for profitable use, and he must not make any change which will have a permanent effect on the +use that can be made the reof after the expiration of the lease. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (805 ) +(1) The lessor shall be obliged to make such repairs upon which the enjoyment intended +depends. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 183 + (2) The lessee must make such repairs as are required by the normal use of the land, and +must maintain the irrigation equipment, ditches, roads, bridges and wells. +(3) All of the above shall apply unless there is an agreement or a custom to the contrary. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (806 ) +If the land leased is flooded so as to make it impossible to cultivate it or if the water is cut off +so as to make it impossible to irrigate it or if the cost thereof becomes excessively onerous, +or if an event of force majeure arises which pr ecludes the cultivation thereof, the lessee may +cancel the contract, and no rent shall be due from him. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (807 ) +If the crop is destroyed prior to harvesting through a cause beyond the control of the lessee, +he must pay rent in respect of the period up to the destruction of the crop, and he shall be +released from the obligation to pay the balance unless it is within his power to cultivate a +similar crop as before, and he shall pay the proportion of the balance of the period. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (808 ) +It shall not be permissible to cancel the contract nor to annul the rent or any part thereof if +the lessee has received compensation from any party in respect of the damage suffered by +him. +2- Muzara'a +a- Definition of muzara'a +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (809 ) +A muzara'a is a contrac t for the exploitation of agricultural land made between the owner of +the land and another person who is to exploit it, with the condition that the produce shall be +shared between them in such shares as they may agree. + + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 184 + b- The creation of a muzara'a +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (810 ) +The following conditions must be satisfied in order for a muzara'a to be valid: +(a) the land must be ascertained, and suitable for agriculture; +(b) the type of crop or nature of seed must be specified, or the option must be left to the +farmer (the non -owning party) to cultivate what he wishes; and +(c) the share of each of the parties in the produce must be determined as between them. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (811 ) +It shall not be permissible to make a stipulation that the seed or the tax due upon the land shall be excluded from the principal amount of the produce prior to distribution. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (812 ) +In a muzara'a, the period over which the land is to be cultivated must be such as to coincide with the realisation of the effect desired therefrom, and if it is not so specified the contract +shall have effect only in respect of one agricultural period. + +c- The effects of a muzara'a contract +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (813 ) +If a contract of muzara'a is made, the produce shall be jointly owned between the +contracting parties, and they shall share therein in the proportion agreed upon. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (814 ) +(1) If a third party right arises in the land subject to a muzara'a after it has been sown, and before the period of the harvest of the crop, and if the parties to the contract were acting in +good faith and were unaware of the cause of the arising of the third party right, they may +keep the land under the muzara'a until the termination of the season for the crop sown, and +the person who provides the land shall be liable for a fair rent to the third party having the +entitlement. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 185 + (2) If both parties are acting in bad faith, the third party having the entitlement shall be +entitled to remove the crops and to take the land free of any enc umbrance, and he shall be +under no obligation towards either of them. +(3) If the person who has provided the land is alone acting in good faith and the third party +having the entitlement does not leave the land to them both at a fair rent until the +termina tion of the season, the following provisions shall apply: +(a) if the seed has been provided by the person who provided the land, then he shall be obliged to pay the fair rent to the farmer for his work together with compensation +equivalent to the assets wh ich he has put in together with the workers' wages and other +expenses as custom may dictate if the contract binds him to perform the foregoing, and any person who has provided the land may protect his position by paying the farmer the value of +his share in the crop as left in place until it matures; +(b) if the seeds belong to the farmer he shall have a claim, as against the person who +provided the land, for the value of his share in the crop as left in place until it matures; or +(c) the farmer shall, in eit her event, whether the seeds were provided by him or by the +person who provided the land, have the right to elect to take his share of the crop when picked, and in that event that is all he will be entitled to. + +d- The obligations of the landowner +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (815 ) +(1) The landowner must deliver the land in a condition fit for cultivation together with the +rights of easement thereof such as watering and passage, together with all things allocated +for the exploitation thereof if they have become permanent fixtu res. +(2) He must also repair agricultural equipment if he has an obligation to deliver the same in +working order if they require repair as a result of ordinary use. + +e- The obligations of the share cropper +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (816 ) +(1) The farmer shall be bound to ca rry out the agricultural works, and to maintain and +safeguard the crop, he shall also bear the cost of irrigation channels and the like until the +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 186 + time comes to harvest the crop. +(2) With regard to the work involved in connection with the crop after it has reached the +stage where it is harvestable and thereafter together with the costs to be incurred until the profits are divided, each of the contracting parties shall be liable therefor up to the amount +of his share. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (817 ) +(1) The farmer must, in h is husbandry and safeguarding of the land and the appurtenances +thereto, and of the crop and yield, take the care of the reasonable man. +(2) If he defaults in any of the above and damage arises out of such default, he shall be liable therefor. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (818 ) +(1) It shall not be permissible for the farmer to lease the land or to entrust the farming +thereof to a third party save with the consent of the land owner. +(2) If the farmer is inbreach of that obligation, the landowner shall have the right to cancel +the contract, and if at the time of the cancellation the land is sown and the seeds belong to +the landowner, he shall have the right to recover them and shall have a recourse against the +farmer for such damage as he has suffered. If has not provided the seeds, he shall have the +option either to recover the land cultivated and to give the value of the seeds to their owner, or to leave the crop to them until it is harvested, and to hold the first farmer liable for a +reasonable rent and for such damage as he has suffered. + + +f- The termination of the muzara'a +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (819 ) +A contract of muzara'a shall terminate upon the expiration of the period thereof, and if the +period thereof expires before the crop matures, the farmer may keep the crop there until it is +mature, and he shall be liable to pay a fair rent for the land in the amount of his share in the +proceeds in respect of the subsequent period, and the necessary expenditure on the crop +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 187 + shall be borne by each of the landowner and the farmer in the proporti on of their respective +shares. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (820 ) +(1) If the landowner dies before the crop matures, the farmer shall continue to work until the +crop matures, and the heirs shall have no right to prevent him. +(2) If the farmer dies before the crop matures, hi s heirs shall take his place in performing the +work until the crop matures, notwithstanding any objection made by the land owner. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (821 ) +(1) If a contract of muzara'a is cancelled or if it appears that it is void, or if an order is made declaring it void, the whole of the proceeds shall belong to the owner of the seed, and if the +owner of the seed is the landowner the farmer shall be entitled to a fair remuner ­ation for +his work, and if the owner of the seed is the farmer, the landowner shall be en titled to a fair +rent for the land. +(2) It shall not be permissible in either case for the amount of the consideration for the work or the land to exceed the value of the share of the owner thereof in the proceeds. + +3- Musaqah (contract to perform work on another's agricultural land in +consideration of part of the crop) +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (822 ) +A musaqah is a contract between a worker and the owner of a tree or crop whereby the +worker shall provide his services for the tree or crop for a specified period in consider ation +for a part share in the yield. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (823 ) +In order for a musaqah to be valid, the share of each of the parties in the proceeds must be calculated according to the proportion of each. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 188 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (824 ) +In order for a musaqah over a tree to be valid, it must be of a kind which will bear fruit in the +year of the contract of musaqah, and the fruit must not have become unfit for consumption +prior to the musaqah being entered into, nor must it leave any second crop which fruits prior to the earlier fruit being plucked without the cutting of the second crop, and if any of these +three conditions are breached the musaqah shall not be valid unless the condition is +ancillary to the joint purport of those conditions. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (825 ) +If a contract of musaqah is made over a tree with a crop ancillary thereto, or vice versa, and +the value of the ancillary amounts to one third or less of the principal object, the contract +over the principal object shall necessarily require that the subsidiary object is brought into +the contract, with the following results: +(a) the worker under the musaqah must serve the ancillary as if it were the principal; +(b) it shall not be valid to stipulate that the proceeds thereof shall belong to the owner and +not the worker; +(c) the proporti on due to the worker from the proceeds must be the same as the proportion +due from the principal object; and +(d) the conditions for the validity of the musaqah shall be determined by (their applicability +to) the principal object and not the ancillary objec t. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (826 ) +Musaqah is a contract immediately binding upon both parties, and neither of the contracting +parties shall have the right to cancel the same save for a reason which justifies that. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (827 ) +(1) The period of the musaqah must be specified by reference to the harvest time or the time at which the harvest would normally be gathered, and if the contract is silent as to the time, +it shall continue until the harvest in the event that the fruit is by way of a single crop, or until +the firs t crop if there are several crops which are distinguishable, save that if it is stipulated +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 189 + that the second crop should be incorporated within the period of the musaqah, the contract +shall embrace the harvest thereof, and if there are several crops which ar e indistinguishable, +the contract shall embrace the harvesting of the latest crop. +(2) If the contract specifies a period in which it is expected that the fruit will appear and it +does not appear at all, neither party shall have any rights as against the o ther. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (828 ) +The work and costs required for the musaqah shall be governed by the following provisions +unless a contrary agreement is made: +(a) works required in the service of a tree, the development of the yield and quality thereof, +and the pres ervation thereof until maturity, such as irrigation, grafting, and acclimatisation +shall be the responsibility of the worker, and fixed works not repeated annually such as +digging wells and building storehouses for the preservation of the produce shall be the +responsibility of the owner of the tree or the crop; +(b) financial costs required in the course of exploitation or ordinary care, such as the cost of +fertilizers and insecticides until the crop matures shall be borne by the owner of the tree or +the crop; and +(c) with regard to costs required after the maturity of the crop, such as the costs of harvesting +and preservation, those shall be borne by each party in proportion to his share in the yield. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (829 ) +It shall not be permissible for the person providing work under a contract of musaqah to +enter into a similar contract with a third party without the permission of the owner of the +tree or the crop, and if he does so the owner of the tree or the crop shall have the option as +he wishes either to ta ke the whole of the yield and to give the person undertaking the work a +quantum meruit reward, or to leave the yield to them both and have recourse against the +first worker for reasonable recompense in respect of the subject matter of the musaqah, and +to h old him liable for any damage suffered by reason of his act. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 190 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (830 ) +If there is a third party right over the tree, the fruit or the crop, and the contracting parties in +the musaqah or either of them have expended money or done work such as to hav e an +effect on the growth of the tree, the fruit or the crop, the following shall apply as the case +may be: +(1) if the third party having the right affirms the contract of musaqah, he shall take the place +of the person providing the tree or the crop vis -à-vis the worker in respect of all rights and +obligations arising out of the contract, and the third party having the right shall render unto +the person providing the tree or the crop that same amount of useful expense which he has +incurred in accordance wit h custom; +(2) if the third party having a right does not affirm the contract and the musaqah has been made in good faith without the knowledge of either of the parties of the cause of the third +party right, the third party having the right shall have the o ption either to take what is due to +him and to pay to the worker a fair remuneration and to render unto the person who has +provided the tree or the crop such useful expense as he has incurred according to custom, or +to leave the yield to them both until th e end of the season, and to take from the person who +has provided the tree or the crop just compensation according to custom in respect of his +loss of use resulting from his having had to wait; +(3) if the two contracting parties to a musaqah have acted in bad faith at the time they made +the contract, the third party having the right may take what is due to him, and he shall not +owe anything to either of the other two parties; or +(4) if one of the two parties was acting in bad faith and the other was acting in good faith, +the person who was acting in good faith shall have a right to just compensation as against the third party having the right according to custom in respect of any money expended or +work done on the tree, the fruit or the crop. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (831 ) +If the worker is unable to work or if he is not to be trusted with the fruit, it shall be +permissible for the owner of the crop to cancel the musaqah, and he must pay a quantum +meruit consideration to the worker in respect of the period up to the cancella tion. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 191 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (832 ) +(1) A contract of musaqah shall not terminate upon the death of the owner of the tree or the +crop, neither shall his heirs have the right to prevent the worker from continuing to perform +his work in accordance with the contract. +(2) If the worker dies, his heirs shall have the option whether to terminate the contract or to +continue the work, and if they elect to determine and the fruit has not ripened, they shall, +upon its ripening, be entitled to receive what is due to their legator in the proportion of the +work which he performed prior to his death. +(3) If it is a condition that the worker must carry out the work himself, the musaqah shall +terminate upon his death, and his heirs shall, upon the fruits ripening, be entitled to what is +due to him in respect of the work he has performed. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (833 ) +If the worker defaults in carrying out the work which it is stipulated he must do, or as is +required by custom, then a deduction shall be made from the proportion due to him out of +the yiel d in proportion to his default in carrying out the work. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (834 ) +The provisions governing muzara'a shall apply to musaqah save in respect of such matters as are governed by the foregoing provisions. + +4- Mugharasa (variety of agricultural contract: joint ownership of the land +and the crop) +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (835 ) +Mugharasa is where a person gives his land to a person who will plant thereon a particular tree of his, on condition that they shall both be partners in the land and the tree in a +specified proportion if the tree reaches a particular level of growth prior to fruiting. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 192 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (836 ) +The following conditions must be satisfied in order for a mugharasa to be valid: +(1) the mugharasa must be over the fixed roots of the palm or the tree, and not over th e +annual crop; +(2) the type of plant to be planted in the land, whether it be palm or tree, must be specified +at the time the contract is made; +(3) the extent of participation in the land, and the palm or the tree, must be in an ascertained +proportion; and +(4) the commencement of the partnership over the tree or the land must be determined to coincide with the tree reaching a certain degree of growth prior to fruiting. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (837 ) +The provisions governing musaqah shall apply to mugharasa to the extent that they are not inconsistent with the nature thereof. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (838 ) +(1) Whoever is entrusted with the administration of a waqf shall also be entrusted with the +leasing thereof. +(2) If two persons are entrusted with a waqf, neither one of them may, acti ng on his own, +grant a lease without the other. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (839 ) +(1) It shall not be permissible for a trustee to take a lease of waqf property for himself, even +though it may be at a fair rent, unless the lease is approved by the judge. +(2) It shall be permissible for him to grant a lease to his ascendants or descendants at a rent exceeding a fair rent, if the judge consents. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (840 ) +A beneficiary may not grant a lease of the waqf nor may he take the rent therefor +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 193 + notwithstanding that he may be the sole person entitled, unless he has been so authorised +by the donor or given permission by the person having the right to grant a lease. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (841 ) +(1) Any conditions laid down by the donor as to the leasing of a waqf must be observed, and +if he has specified a period of lease, it shall not be permissible to contravene the same. +(2) If there is no person who wishes to take a lease thereof for the period laid down, and the guardian has not been given the right to grant a lease as may be beneficial to th e waqf, the +matter shall be referred to the judge in order for him to consent to the grant of the lease for +such period as he deems most beneficial for the waqf. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (842 ) +(1) If the donor has not specified the period, real estate shall be leased for a period of one +year and land (without buildings) shall be leased for a period of three years at the most, +unless the interests of the waqf require a different period, and the judge so permits. +(2) If a lease is entered into for a period longer than one y ear even by concurrent contracts, it +shall be reduced to the period laid down in the foregoing paragraph. +(3) If the waqf requires development but there is no fund out of which it may be developed, +it shall be permissible for the judge to permit that it be leased for such period as is sufficient +for its development. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (843 ) +(1) It shall not be permissible to grant leases over waqf property at less than a fair rent, and +any lease granted at less than such a rent at the time it was made shall be cance lled, unless +the lessee agrees to pay a fair rent, and the interests of the waqf are observed in so doing. +(2) A fair rent shall be determined by experts as at the time it which the contract was made, +and no regard shall be had to any unforeseen change dur ing the period of the contract. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 194 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (844 ) +If an inherent improvement is made to the site of the waqf which results in the fair market +rent being substantially increased, in circumstances where any money expended or new +buildings or development creat ed by the lessee have played any part therein, the lessee shall +have the option either to terminate the contract or to agree to a new fair rent as from the +time of the improvement, whether the lease was for development or otherwise. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (845 ) +(1) If the period of the lease expires and the lessee has built or planted upon the waqf +property at his own expense with the consent of the person having power to grant the lease, +he shall have a prior right over any third party for a lease for a future period a t a fair rent. +(2) If he refuses to accept a fair rent and if the demolition of the building or the removal of +the trees would damage the property leased, it shall be permissible for the waqf authority to +take over ownership of what he has placed there for the value that it would have if removed, +unless they agree that he should leave the building or the plants until such time as they +cease to be of use, upon which the lessee may take what is left. +(3) It shall be permissible for the administrator to grant a lease over waqf property, together +with the buildings and plants thereon, with the permission of the owner of such buildings or plants, on condition that he is given such proportion of the rent as is attributable to his +ownership (of such buildings or pl ants). + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (846 ) +If the period of the lease expires and the lessee has buildings or plants which he has placed +on the waqf property at his own expense without permission, he shall be ordered to demolish the building or to uproot the plants if that would not cause any damage to the +waqf property, but if the same would cause damage to the waqf property, he shall be +compelled to wait until the building falls down or the tree becomes useless, and he shall +bear the loss of value thereof, and in either case it shall be permissible for the waqf or the +authority to take over ownership of what he has built or planted at a price not exceeding the +lower of the two values of the demolished tree or the uprooted plant, or at their then value. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 195 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (847 ) +In matter s requiring the consent of the judge, the opinion of the Ministry having jurisdiction +in waqf affairs shall be taken as to the best interests of the waqf, prior to the permission +being given. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (848 ) +The provisions governing contracts of lease shal l apply to leases of waqf property in all +matters which do not conflict with the foregoing provisions. + +Chapter Two : Loans +Part 1: General provisions +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (849 ) +A loan is the conferring of ownership upon another of the use of a thing without considerat ion for a specified period or for a specified purpose, with a condition that that +thing should be returned after use, and the thing lent shall mean the thing the use of which +ownership has been conferred. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (850 ) +A loan shall be effected by taking delivery of the thing lent, and a loan shall be of no effect +prior to such taking of delivery. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (851 ) +A loan must be of a particular thing, suitable for use without the substance thereof being +destroyed, and the use thereof must be lawful notwiths tanding that it is not such as may be +properly sold. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (852 ) +The lender must be the owner of the use of the thing notwithstanding that he may not be +the owner of the thing itself, and he must not be under a restriction with regard to the use of +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 196 + the thing lent. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (853 ) +The borrower must have the capacity to be the donee of the thing lent. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (854 ) +(1) If the period of the loan is restricted by time or by the use to be made, the lender may not +retrieve the thing lent from the borrower prior to the expiration of the period of the loan, and if it is not restricted by time or by the use to be made, he may not retrieve it prior to the +expiration of the usual period of the loan of such things. +(2) The lender may recover it from the borrower in all circumstances if the use he makes of it is more onerous than the purpose for which it was lent or if he unexpe ctedly comes to need +the thing lent. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (855 ) +A thing lent shall be a trust in the hands of the borrower, and if it is destroyed or lost or if the +value thereof is diminished without any wrongful act or default on his part, he shall not be +liable th erefor unless a contrary agreement has been made. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (856 ) +It shall not be permissible for a guardian or tutor to lend property of a person under his guardianship, and if either of such persons does lend it, the borrower shall be obliged to pay +just remuneration, and if the thing lent is destroyed, the borrower shall be liable therefor. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (857 ) +It shall not be permissible for a wife without the consent of her husband to lend anything owned by him, and which is not normally left under her cont rol, and if she does so and the +thing lent is destroyed or damaged, the husband shall have the option either to have a recourse against her or against the borrower for an indemnity. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 197 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (858 ) +If a person borrows land to build a building or plant a tree on it for a specified period by (an +agreed) condition or by custom, the lender shall, upon the expiration of such period, have +the option either to require the borrower to demolish the building or uproot the tree and restore the land to its former conditi on, or to pay him the value of the building as removed +or the value of the tree as uprooted, unless an agreement has been made to the contrary. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (859 ) +The lender shall not have the right to claim hire from the borrower in respect of the thing +borr owed after the enjoyment of it has ceased. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (860 ) +(1) If there is a third party right over the thing borrowed while in the hands of t he borrower, +he shall not be liable to the lender in the absence of a contrary agreement or if he has +deliberately concealed the cause of such third party right. +(2) The lender shall be liable for any damage sustained by the borrower in respect of such third party right. +(3) If the third party right arises after the destruction of the thing lent in the hands of the borrower, without any wrongful act or default on his part and the third party having the right elects to make him liable, the borrower shall hav e a right of recourse against the lender +in respect of his liability to the third party. +(4) The lender shall not be liable for any latent defects unless he deliberately conceals such +defect or guarantees that the thing is free of such defect. + +Part 2: Obligations of the borrower +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (861 ) +(1) The borrower must preserve the thing lent and safeguard it as he would his own +property, without in so doing falling below the standard of care that the reasonable man +takes over his own property. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 198 + (2) If he is gu ilty of a shortcoming in averting any damage to the thing lent which it was in +his power to avert, he shall be liable therefor. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (862 ) +The lender shall bear the costs expended on the thing lent, and shall be responsible for the +expenses of returni ng and transporting it. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (863 ) +(1) The borrower may make such use of the thing lent as it customary in an unconditional loan not restricted as to time, place or type of use. +(2) If the loan is restricted by time or place, he must observe such restriction, and he may +not, if the type of use if specified, exceed such amount of use, and in the least damaging way. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (864 ) +(1) If a defect arises in the thing lent as a resul t of use, the lender shall be bound to make +good the loss of value, but he shall not be liable for such loss of value unless it arises out of +the use of the thing in a manner contrary to custom. +(2) If the borrower exceeds the customary limits applicable t o a loan or if he uses it contrary +to custom and it is destroyed or damaged, he shall be liable to the lender for such destruction or damage. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (865 ) +It shall not be permissible for the borrower without the consent of the lender to dispose of the t hing lent in such a way as to confer upon a third party any right of enjoyment or +property right in the thing lent, or to pledge it, hire it out, or the like. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (866 ) +The borrower may deposit the thing lent with a trustworthy person capa ble of preserving it, +and he shall not be liable for the thing if it is destroyed in the hands of such person without +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 199 + any wrongful act or default. + +Part 3: Termination of the loan +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (867 ) +A loan shall terminate : +(1) upon the expiry of the agreed period; +(2) upon the enjoyment for which the loan was intended being fully derived; or +(3) upon the death of the lender or the borrower, where the benefit of the loan does not pass +to the heirs of the borrower. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (868 ) +If the borrower dies having said nothing about the loan, and the thing lent is not found in his +estate, the value thereof as at the time of the death shall constitute a liability against the +estate. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (869 ) +The borrower may return the thing lent pr ior to the expiration of the period of loan, but if +such return is prejudicial to the lender, he shall not be obliged to accept it. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (870 ) +(1) If the loan is cancelled or terminates, lender must return the thing lent to the owner, and he must make no further use of it unless the law permits him to retain it. +(2) If the loan terminates by reason of the death of the borrower, his heirs shall be bound to deliver it to the lender upon demand. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (871) +(1) If the thing lent is a precious object, the lender must deliver it in person to the borrower, +but so far as concerns other things, it shall be permissible to deliver them either in person or through people acting under him who are capable of delivering them. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 200 + (2) The thing lent must be returned a t the place agreed, or otherwise in the place in which it +was lent, or as is dictated by custom. + +Section 3: Contracts of work +Chapter One : Muqawala (contract to make a thing or to perform a task) +Part 1: Definition and scope of muqawala +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (872 ) +A m uqawala is a contract whereby one of the parties thereto undertakes to make a thing or +to perform work in consideration which the other party undertakes to provide. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (873 ) +(1) The agreement in a muqawala contract may be restricted to the contractor undertaking +to provide work on condition that the employer provides the materials to be used, or that +(the contractor) makes use of them in carrying out his work. +(2) It shall also be permissible for the contractor to provide the materials and the work. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (874 ) +In a muqawala contract, there must be a description of the subject matter of the contract, +and particulars must be given of the type and amount thereof, the manner of performance, and the period over which it is to be performed, and the con sideration must be specified. + +Part 2: Effects of a muqawala +1- Obligations of the contractor +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (875 ) +(1) If the employer stipulates that the contractor should provide the materials for the work, either in whole or in part, he shall be liable for th e quality thereof in accordance with the +conditions of the contract if any, or in accordance with current practice. +(2) If it is the employer who is bound to provide the materials for the work, the contractor +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 201 + must take due care of them and observe proper t echnical standards in his work, and return +the balance of the materials to the owner, and if he makes default and the materials are +destroyed, damaged or lost, he shall be liable therefor. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (876 ) +The contractor must provide at his own expense such additional equipment and tools as are +necessary to complete the work, unless there is an agreement or custom to the contrary. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (877 ) +The contractor must complete the work in accordance with the conditions of the contract. If +it appears that he is carrying out what he has undertaken to do in a defective manner or in a +manner in breach of the agreed conditions, the employer may require that the contract be +terminated immediately if it is impossible to make good the work, but if it is possible to make good the work it shall be permissible for the employer to require the contractor to +abide by the conditions of the contract and to repair the work within a reasonable period. If +such period expires without the reparation being performed, the employer may apply to the judge for the cancellation of the contract or for leave to himself to engage another contractor +to complete the work at the expense of the first contractor. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (878 ) +The contractor shall be liable for any loss or damage resulting from his act or work whether +arising through his wrongful act or default or not, but he shall not be liable if it arises out of +an event which could not have been prevented. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (879) +(1) If the work of the contractor produces (a beneficial) effect on the property in question, he may retain it until the consideration due is paid, and if it is lost in his hands prior to payment +of the consideration, he shall not be liable to the loss, nor shall he be entitled to the consideration. +(2) If his work produces no (beneficial) effect on the property, he shall not have the right to +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 202 + retain it pending payment of the consideration, and if he does so and the property is lost, he +shall be liable in the same manner as if he had misappropriated it. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (880 ) +(1) If the subject matter of the contract is the construction of buildings or other fixed installations, the plans for which are made by an architect, to be carried out by the +contractor under his supervision, they shall both be jointly liable for a period of ten years to make compensation to the employer for any total or partial collapse of the building they +have constructed or installation they have erected, and for any defect which threatens the +stability or safety of the building, unless the contract specifies a longer period. The above +shall apply unless the contracting parties intend that such installations should remain in +place for a period of less than ten years. +(2) The said obligation to make compensation shall remain notwithstanding that the defect +or collapse arises out of a defect in the land itself or that the employer consented to the +construction of the defective buildings or installations. +(3) The period of ten years shall commence as from the time of delivery of the work. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (881 ) +If the work of the architect is restricted to making the plans to the exclusion of supervising +the execution, he shall be liable only for defects in the plans. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (882 ) +Any agreement the purport of which is to exempt the contractor or the architect from +liability, or to limit such liability, shall be void. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (883) +No claim for compensation shall be heard after the expiration of three years from the +collapse or the discovery of the defect. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 203 + 2- Obligations of the employer +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (884 ) +The employer shall be bound to take delivery of the work done when the contractor has +completed it and placed it at his disposal, and if, without lawful reason, he refuses, despite +being given official notice, to take delivery, and the property is destroyed or damaged in the +hands of the contractor without any wrongful act or default on his part, the contractor shall +not be liable. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (885 ) +The employer shall be obliged to pay the consideration upon delivery of the property +contracted for, unless there is an agreement or a custom to the contrary. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (886 ) +(1) If a contract is made under an itemised list on the basis of unit prices and it appears +during the course of the work that it is necessary for the execution of the plan agreed substantially to exceed the quantities on the itemised list, the contractor must immediately +notify the employer thereof, setting out the increased price expected, and if he does not do +so he shall lose his right to recover t he excess cost over and above the value of the itemised +list. +(2) If the excess required to be performed in carrying out the plan is substantial, the employer may withdraw from the contract and suspend the execution, but he must do so +without delay and mus t pay the contractor the value of the work he has carried out, assessed +in accordance with the conditions of the contract. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (887 ) +(1) If a muqawala contract is made on the basis of an agreed plan in consideration of a lump +sum payment, the contractor may not demand any increase over the lump sum as may arise out of the execution of such plan. +(2) If any variation or addition is made to the plan with the consent of the employer, the +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 204 + exis ting agreement with the contractor must be observed in connection with such variation +or addition. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (888 ) +If the consideration for the work is not specified in a contract, the contractor shall be entitled +to fair remuneration, together with the va lue of the materials he has provided as required by +the work. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (889 ) +(1) If the architect who has planned the building and supervised the performance thereof +has not agreed upon a fee, he shall be entitled to fair remuneration in accordance with +custom. +(2) If any unforeseen event occurs which prevents the completion of the performance of the +work in accordance with the plan prepared, he shall be entitled to fair remuneration for +what he has done. + +Part 3: Subcontracting +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (890 ) +(1) A contractor may entrust the performance of the whole or part of the work to another contractor unless he is prevented from so doing by a condition of the contract, or unless the +nature of the work requires that he do it in person. +(2) The first contra ctor shall remain liable as towards the employer. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (891 ) +A sub -contractor shall have no claim against the employer for anything due to him from the +first contractor unless he has made an assignment to him against the employer. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 205 + Part 4: Termination of a muqawala +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (892 ) +A contract of muqawala shall terminate upon the completion of the work agreed or upon +the cancellation of the contract by consent or by order of the court. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (893 ) +If any cause arises preventing the performance of the contract or the completion of the +performance thereof, either of the contracting parties may require that the contract be +cancelled or terminated as the case may be. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (894 ) +If the contractor commences to perform the work and then becomes incapable of completing it for a cause in which he played no part, he shall be entitled to the value of the +work which he has completed and the expenses he has incurred in the performance thereof +up to the amount of the benefit the employer has derived t herefrom. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (895 ) +A party injured by the cancellation may make a claim for compensation against the other party to the extent allowed by custom. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (896 ) +(1) A contract of muqawala shall terminate upon the death of the contractor if it is agreed that he should perform the work himself, or if his personal qualifications are a material +consideration in the contract. +(2) If the contract contains no such condit ion or if the personal qualifications of the +contractor were not a material consideration in the contract, the employer may require that the contract be cancelled if the contractor's heirs do not provide sufficient guarantees for the +proper performance of the work. +(3) In either event, the value of the works carried out and the expenses incurred therein shall +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 206 + devolve upon the estate in accordance with the conditions of the contract and the +requirements of custom. + +Chapter Two: Contracts of employment +Part 1: The creation and conditions thereof +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (897 ) +(1) A contract of employment is a contract whereby one of the parties thereto undertakes to carry out work for the benefit of the other under his supervision or management in +consideration of remuneration which the other party undertakes to pay. +(2) If the worker is not prohibited to work for another employer or if he is not restricted to a +specified time in his work for the employer, he shall not be subject to any contract of +employment, but shall be enti tled to his remuneration in accordance with the agreement. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (898 ) +(1) A contract of employment may be for a specified or unspecified duration, and for a specified job. +(2) If the contract of employment is for the duration of the life of the worker or of the +employer or for a period of more than five years, it shall be permissible for the worker, upon the expiration of a period of five years, to terminate the contract without compensation, but +provided that he gives six months notice to the employer. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (899 ) +The period of employment shall commence as of the time specified in the contract, and if no +time is specified then it shall commence as from the date of the contract unless a con trary +effect is dictated by custom or the circumstances of the contract. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (900 ) +(1) If the contract of employment is for a specified period it shall determine immediately +upon the expiration of such period, but if both parties continue to perform the contract after +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 207 + the expiration of the period thereof, that fact shall be deemed to constitute a renewal of the +contract for an unspecified period. +(2) If the contract of employment is for the performance of a particular job of work, it shall +terminate w hen that job is completed. If the work is of its nature such as is repeatable, and +the contract continues to be performed after the completion of the work agreed upon, the +contract shall be deemed to have been impliedly renewed for the period necessary t o +undertake the same work again. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (901 ) +(1) The remuneration of a worker is the property or benefit he receives under the contract, +whatever form that may take. +(2) If the remuneration is not assessed in the contract, the worker shall be entitled to a fair +remuneration in accordance with custom, and if there is no such custom, the judge shall +have jurisdiction to assess the same in accord ­ance with the requirements of justice. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (902 ) +(1) The following sums shall be deemed to be an integral part of the remuneration of the +worker and shall be taken into account in settling his rights and in determining the amount +that may be retained: +(a) commission payable to commercial travellers, repr esentatives, canvassers and trade +agents; +(b) percentage proportions payable to employees of businesses in respect of the price of +what they sell together with any cost of living allowances paid to them; and +(c) any benefit given to a worker in excess of h is salary, loyalty bonus or recompense in +respect of increased family burdens or the like, if such sums are laid down in the individual +contracts of work or the regulations of the business, or if custom provides that they should +be given, in such a way tha t the employees of the business regard them as part of their +remuneration and not a gift, but provided that such sums are of an ascertained amount prior +to the retention. +(2) Anything given by way of gift shall not be regarded as part of the remuneration s ave in +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 208 + the case of any trade or industry where there is a custom to make a gift, and there are rules +whereby they may be regulated. +A gift shall be regarded as part of the remuneration if it is such as is paid by customers to +employees of a single business and is collected in a common fund for the employer to +distribute it thereafter among such employees, either by himself or under his supervision. +It shall be permissible in certain trades such a hotel, restaurant, c afe and bar trade for a +worker to have no remuneration save what he is given by way of tip, and the food he +receives. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (903 ) +If a person performs work at the request of another without any agreement as to +remuneration, he shall be entitled to a ju st remuneration if he is a person who (normally) +works for remuneration, but otherwise he shall not be entitled to any remuneration. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (904 ) +If the work contracted for is the teaching of a thing in such a way that the learner assists the +teacher, a nd the contract does not specify which of them is entitled to remuneration from +the other, then the custom of those engaged in similar activities at the place of work shall be +followed. + +Part 2: The effects of a contract of employment +1- Obligations of th e employee +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (905 ) +The employee must: +(1) perform the work himself and take the care of the reasonable man in so doing; +(2) observe the requirements of propriety and morals in his behaviour; +(3) obey the orders of the employer relating to the performance of the agreed work in all +matters which may expose him to risk, and not act contrary to the law or morals; +(4) preserve the things entrusted to him for the performance of his work; and +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 209 + (5) keep the industrial or trade secrets of the employer, includin g after the termination of the +contract, as required by the agreement or by custom. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (906 ) +The employer shall be bound by all customs relating to the work, notwithstanding that the +same may not have been stipulated in the contract. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (907 ) +It shall not be permissible for the employee to do any other work during his working hours, nor may he, during the period of the contract, work for another employer, otherwise it shall +be permissible for the employer to cancel the contract or to reduce hi s remuneration to the +extent that the worker has defaulted in working for him. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (908 ) +The employee shall be liable to the employer for any shortfall, damage or loss to the +property of the latter by reason of any default or wrongful act on his part. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (909 ) +(1) If the work of the employee is such as to permit him to have access to work secrets or to make acquaintance with the customers of the business, it shall be permissible for both +parties to agree that it shall not be permissible for the employee to compete with the +employer or to engage in an employment which competes with him af ter the termination of +the contract. +(2) Provided that such agreement shall not be valid unless it is limited in time, place and type of work to such extent as may be necessary to protect the lawful interests of the employer. +(3) It shall not be permissibl e for the employer to rely on that agreement if he terminates the +contract without any act on the part of the employee justifying that course, and likewise it +shall not be permissible for him to rely on the agreement if he commits any act which +justifies t he employee in terminating the contract. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 210 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (910 ) +If both parties agree that the employee should be liable in the event that he is in breach of +his agreement not to compete, and such liability is fixed at an exorbitant amount in such a +way as to compel him to remain with the employer, such a provision shall be invalid. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (911 ) +(1) If the employee makes a new invention or discovery during the course of his work, the +employer shall be entitled thereto only in the following circumstances: +(a) if the nature of the work agreed was to achieve such an object; +(b) if it has been expressly agreed in the contract that he shall have the right to have the +benefit of any invention made by the employee; or +(c) if the employee makes such an invention through the materials, appliances, installations +or any other means placed at his disposal by the employer for his use in achieving such an +end. +(2) Provided that if the invention or discovery referred to in the aforementioned cases is of major economic importance, it shall be permissible for the employee to require special +recompense in accordance with the requirements of justice, and regard shall be had in +assessing the same to the assistance provided by the employer. +The foregoing provisions shall be without prejudice to any special laws relating to +inventions and discoveries. + +2- Obligations of the employer +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (912 ) +(1) The employer must pay the agreed remuneration to the employee when he performs his wor k or holds himself in exclusive readiness, notwithstanding that no work may be given to +him to do. +(2) The payment of the remuneration to the employee shall be made at the time and place +specified in the contract or dictated by custom. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 211 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (913 ) +The employer must: +(a) provide full safety and security at his establishments and provide all means necessary to +enable the employee to carry out his obligations; +(b) attend to the fitness of the special appliances and equipment for the work, so that they +will do no harm; +(c) observe the requirements of morals and decorum in his relationship with the employee; +(d) give to the employee at the termination of his services a certificate of the type of work, +the date of commencement and termination, the amount of his remuneration, and any other +matters that may be appropriate; and +(e) return all of the employee's papers to him. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (914 ) +If an employer asks another person to perform work on the basis that he will be rewarded, +he shall be obliged to give him just remuneration whether such person is one who +(normally) works for remuneration or not. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (915 ) +An employer shall be bound to feed his employee or to clothe him if custom so requires, whether the same is made a condition of the contract or not. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (916 ) +If the specified period of the contract of employment expires and there are reasonable grou nds for extending the period thereof, the contract shall be extended so long as may be +necessary, and the employer shall be liable to pay the remuneration for the additional period. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (917) +If the period of the work is specified in the contract and the employer cancels the contract +prior to the expiration of the said period without (proper) excuse or without any +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 212 + shortcoming in the work of the employee, he shall be obliged to pay the wage until the +period is completed if the employee makes himself av ailable for service during such period. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (918 ) +Both the employer and the employee must abide by their obligations as laid down by special laws, as well as their obligations as laid down in the foregoing Articles. + +Part 3: Termination of the contract of employment +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (919 ) +(1) A contract of employment shall terminate upon the expiration of the period laid down +therefor unless it is stipulated that it should be renewed, and likewise it shall terminate upon +the completion of the work agreed, without prejudice to the provisions of Articles 898 and +900. +(2) If the period is not specified by agreement or determined by the nature of the work or the purpose thereof, either of the contracting parties may terminate the contract as any time on +condition that he gives notice to the other party of his intention to do so within a reasonable +period prior to the termination of the contract. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (920 ) +(1) It shall be permissible to cancel the contract if there is a reasonable caus e preventing the +performance of the subject matter thereof. +(2) It shall be permissible for either of the contracting parties in the event of an unexpected +cause relating to him to require that the contract be terminated. +(3) In either of the cases referre d to above, the person requiring the cancellation shall be +liable for any damage caused to the other contracting party arising out of such cancellation. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (921 ) +The contract shall terminate upon t he death of the employee, and it shall likewise terminate +upon the death of the employer, if the personality of either of them was a material factor in +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 213 + the conclusion of the contract. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (922 ) +(1) No claims arising out of a contract of employment sh all be heard after the expiration of +one year from the date of the termination of the contract. +(2) Such period shall not apply to claims relating to breach of confidence in relation to trade +secrets. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (923 ) +(1) The provisions relating to hire sha ll apply to a contract of employment in all matters not +governed by a special provision. +(2) The provisions governing contracts of employment shall not apply to employees subject to the Labour Law save to the extent that what they do not expressly or impli edly conflict +with the special legislation relating thereto. + +Chapter Three : Contract of agency +Part 1: General provisions +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (924 ) +Agency is a contract whereby the principal puts another person in the place of himself in an ascertained, permitted dealing. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (925 ) +(1) The following conditions must be satisfied for an agency to be valid: ‑ +(a) the principal has the right to deal himself in the matter which he delegates; +(b) the agent is not prohibited in dealing in the matter delegated to him; a nd +(c) the subject matter of the agency must be ascertained, and must be such as is capable of being performed by proxy. +(2) An agency to appear in legal proceedings does not require the consent of the opposing +party. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 214 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (926 ) +An agency may properly be absolute (general) or restricted (special), or dependent upon a +condition, or deferred to a time in the future. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (927 ) +(1) An agency shall be particular (special) if it is restricted to one or more specified matters, and shall be general if it includes everything which may be done by proxy. +(2) If it is particular, the agent may carry out only those matters specified in it, and things +necessarily incidental to such matters required by the nature of the dealings delegated, or by +current usage. +(3) If it is general, the agent may make contracts and transact dealings, with the exception of +making gifts, for which he must obtain authority. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (928 ) +If the agency is granted by general words with no clear indication as to the purpose of it, +then the agent will only be authorised to carry out administrative acts, and to hold property. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (929 ) +Any act which is not an administrative act or the holding of property requires the grant of a +special agency specifying the ki nd of act and the dealings to be performed under the agency. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (930 ) +Subsequent permission for a dealing shall be regarded as a prior grant of agency. + +Part 2: The effects of agency +1- Obligations of the agent +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (931 ) +By virtue of the contract of agency the agent shall have the power to conduct dealings within the scope of the agency and may not go beyond those limits save as may result in a greater +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 215 + benefit to the principal. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (932 ) +(1) If the agency is gratuito us, the agent must exercise in carrying it out such care as he +would in his private affairs. +(2) If the agency is for remuneration, the agent must exercise in carrying it out the care of the +reasonable man. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (933 ) +(1) If there is more than one age nt and each of them has an independent contract he shall +operate exclusively in the matter delegated, but if the principal makes it a condition that +there should be no independence, then none of them may act independently and the principal shall not be bou nd by what any of them does independently. +(2) If several agents are appointed in one contract without any of them being given the power to act on his own, they must act jointly unless the work is such that it cannot be done +jointly with another such as le gal representation, but (the person acting on his own) must +consult the others appointed with him or (sic) it is a matter which does not require the +exchange of views such as the collection or payment of a debt. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (934 ) +(1) An agent may not delegat e to another person all or part of what he has been appointed +to do unless he is so permitted by the principal or authorised to act as he thinks fit, and the second agent shall be deemed to be the agent of the original principal. +(2) If the agent is author ised to appoint others as agents without limitation, he shall be +responsible as against his principal in respect of his error in appointing another or in the +instructions he gives to him. +(3) It shall be permissible for the agent under a special agency if he has more than one act to +perform to appoint others to assist him, but not to act independently. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 216 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (935 ) +Contracts involving gifts, loans, pledges, deposits, partnerships, sleeping partnerships or +composition of disputes after denial made by the agent shall not be valid unless made in the +name of the principal. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (936 ) +(1) The contract need not be made in the name of the principal if it is a contract of sale, +purchase, lease, or settlement by way of acknowledgement, and if the agent does make such contracts in the name of the principal within the limits of the agency the rights arising +thereunder shall accrue to the principal, an d if he makes it in his own name without +disclosing that he is acting in his capacity as an agent, the rights under the contract shall vest in him. +(2) In both cases the benefit of the contract shall enure to the principal. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (937 ) +Property collect ed by an agent on account of the principal shall be deemed to be a deposit, +and if it is lost while in his possession without any infringement or default on his part, then he shall not be liable for it. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (938 ) +A person appointed as agent to receiv e property shall not have the right to take legal +proceedings, and an agent appointed to take legal proceedings shall not have the right to +receive property, save with special permission from the principal. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (939 ) +In legal proceedings it shall not be permissible to appoint an attorney who is the enemy of +the opposing party. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 217 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (940 ) +(1) A person entrusted with the purchase of a thing at an unspecified price may purchase it +for a fair price, or with a slight cheating, in the case of things w hich do not have a fixed price. +(2) If a purchase is made of things which have a fixed price, and there is a slight cheating, or +if any purchase is made and there is gross cheating, the contract shall not be effective as +against the principal. +[Note: ""Chea ting"" in this context is a reference to an unfair price taken or given by one party +where the other party is ignorant of that market. It does not indicate fraud]. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (941 ) +(1) It shall not be permissible for an agent instructed to buy a specified t hing to buy it for +himself, and the purchase shall be for the principal even if he has given authorisation that +(the agent) may purchase it for himself. +(2) It shall not be permissible for a purchasing agent to sell his own property to his principal. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (942 ) +The purchase shall be for the agent if: - +(a) the principal has specified the price and the agent has purchased at a higher price; +(b) the agent has purchased at a grossly unfair price; or +(c) he is authorised to purchase the property for himself in the presence of the principal. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (943 ) +(1) If a purchasing agent pays the price of the goods bought out of his own money, he shall have a right of recourse for it against his principal together with the reasonable amount of expenses incurred in carrying out the agency. +(2) He may retain what he has purchased until he receives the price. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (944 ) +(1) The agent who is instructed to sell the property of his principal without the price being +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 218 + specified may sell it at an appropriate price. +(2) If the principal specifies a sale price to him, he may not sell it at a lower price. +(3) If he sells the property at a lower price without prior consent or subsequent ratification +from the principal and delivers it to the purchaser, then the principal shal l have the option +between recovering the thing sold, and recovering the amount of the shortfall from the +agent. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (945 ) +(1) It shall not be permissible for a selling agent to purchase for himself that which he is +instructed to sell. +(2) He may not sell it to his ascendants, descendants or spouse, or to a person out of dealing +with whom he derives an advantage, or to whom he pays a premium, save at an amount greater than the fair price. +It shall be permissible to sell to such persons at a fair price if the principal has authorised him to sell to whomever he wishes. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (946 ) +(1) If a selling agent is not restricted to a cash sale, he may sell the property of his principal for cash or on credit in accordance with custom. +(2) If the agent sells on credit, he may take a pledge or security from the purchaser for the +goods sold on credit, notwithstanding that the principal may not have authorised him to do +so. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (947 ) +(1) The principal shall have the right to receive the price of the goods sol d from the +purchaser even if he receives it in the name of the agent, and the purchaser may refuse to +pay the principal, but if he does pay him, he shall be discharged. +(2) If the agent is not being remunerated, he shall not be obliged to recover or get in the price +of the thing sold, but he shall be obliged to authorise the principal to collect the price. +(3) If the agent is being remunerated, he shall be obliged to get in the price. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 219 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (948 ) +The agent shall be obliged to provide his principal with th e necessary information as to the +result achieved in the carrying out of his agency, and to provide him with an account of it. + +2- Obligations of the principal +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (949 ) +The principal must pay the agreed remuneration to the agent when he carries out t he work, +and if no remuneration has been agreed and the agent is the one who does such work for +remuneration he shall be paid fairly, otherwise the agency shall be gratituous. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (950 ) +The principal must reimburse to the agent the reasonable expenses he has incurred in carrying out his agency. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (951 ) +(1) The principal shall be responsible for all of the obligations devolving upon the agent in the course of the normal carrying out of the agency. +(2) He shall be responsible for all loss suffe red by the agent by reason of the ordinary +carrying out of the agency, unless it arises out of the agent's default or error. +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (952 ) +(1) If any person instructs another to settle his debt out of that other's own money and he does so, that shall be deemed to be an agency and the person instructed shall have a right of +recourse against the person instructing him in respect of the money he has paid, whether or +not the person giving the instructions has stipulated that there should be such a right. +(2) If he instructs him to perform an act at his expense or at the expense of his relatives or +family, he shall have a right of recourse against him for the customary amount notwithstanding that no such recourse has been stipulated. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 220 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (953 ) +The provisi ons relating to contracting by proxy laid down in this law shall apply to the +relationship between the principal and the agent with another who deals with the agent. + +Part 3: The termination of the agency +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (954 ) +The agency shall terminate: +(a) upon the completion of the work which was delegated; +(b) upon the expiration of the time fixed for it; +(c) upon the death of the principal or his ceasing to have legal capacity, notwithstanding that +third party rights may have arisen in respect of the agency, save in the case of an agency for +selling or pledging if the pledgor has deputed the relevant court official or the pledgee to sell +the thing pledged upon the expiration of the period of the pledge; or +(d) upon the death of the agent or upon his ceasing to be of legal capacity, notwithstanding +that third party rights may have arisen in respect of the agency. +However, an heir or guardian must, if he knows of the agency and is of full capacity, notify +the principal of the death and take such steps as the c ircumstances require in the principal's +interests. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (955 ) +The principle may dismiss or restrict (the powers of) the agent if he wishes, unless third party +rights have arisen in respect of the agency or if the agency has been created for the benefi t of +the agent, in which case the principal may not terminate or restrict it without the consent of +the person for whose benefit it was created. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (956 ) +The principal must indemnify the agent against any loss suffered by him arising out of his +bein g dismissed at an inappropriate time or without acceptable justification. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 221 + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (957 ) +The agent may dismiss himself from the agency if no third party rights have arisen in respect +thereof. He must so notify his principal and must continue any work he has begun until it +reaches a stage at which there is no fear that the principal will be prejudiced. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (958 ) +(1) The agent must give an indemnity for any damage to the principal arising o ut of his +abandoning the agency at an inappropriate time or without justification, if the agency was +for remuneration. +(2) If there are third party rights subsisting in respect of the agency, the agent must do that which he was instructed to do unless ther e are serious reasons justifying the +abandonment. He must in that event notify the person having the right and defer (the +abandonment) to such time as will enable him to protect his interests. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (959 ) +The agent for legal proceedings shall be dismi ssed if he makes an admission against his +principal otherwise than before the court, and he shall likewise be dismissed if his agency +does not entitle him to make such admission and he does in fact make it either before the court or elsewhere. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (960) +If an agent for legal proceedings acts in that which he was instructed to do after learning of his dismissal, he shall be bound to indemnify (in respect of the results), and if he acts therein before learning of his dismissal his acts shall be valid. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (961 ) +An agent of an agent shall be dismissed upon the death or bankruptcy of the original +principal or upon his being dismissed by the principal or the (intermediate) agent, but he +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 222 + shall not be dismissed as a result of the death or dismissal of the intermediate agent. +Chapter Four : Contracts of bailment +Part 1: General provisions +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (962 ) +(1) Bailment is a contract whereby the bailor authorises another person to take care of his +property and whereby that other person is obliged to take care of the property and to return +the thing itself. +(2) The subject of the bailment is the property deposited with a bailee for safekeeping. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (963 ) +In order for the contract to be valid, the thing bailed must be property which is capable of +being possessed. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (964 ) +Bailment shall be effected by actual or constructive taking possession of the thing bailed. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (965 ) +The bailee may not requ ire any remuneration for the safekeeping of the property bailed or +rent for the place in which it is kept unless it is so stipulated upon the bailment being made, or there is a special custom in that regard. + +Part 2: The effects of the contract +1- Obligat ions of the bailee +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (966 ) +The property bailed shall be held in trust by the bailee, and he shall be liable for it if it perishes through his wrongful act or default in the safekeeping thereof, unless a contrary agreement is made. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 223 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (967 ) +(1) The bailee must, in the safekeeping of the property bailed, take the care of the reasonable +man in and about the safekeeping of his own property, and he must place it in a place of +safety appropriate to such property. +(2) He may keep it himself, or ent rust the safekeeping to a person of such reliability as he +would entrust his own property to him. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (968 ) +(1) The bailee may not bail the property bailed to anoth er person without the consent of the +bailor unless he is compelled to do so, and he must recover the property after the cause of such compulsion has ceased. +(2) If he deposits the property with another person with the consent of the bailor, the latter +shal l assume the obligations of the first bailee and shall become the bailee. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (969 ) +The bailee may not use the property bailed or create any third party right over it without the +consent of the bailor, and if he does so and the thing is damaged or th e value thereof is +diminished, he shall be liable therefor. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (970) +If the bailee travels with the property bailed without the consent of the bailor in circumstances where it was possible for him to bail it with a trustworthy person and the +goods a re lost or damaged during the journey, he shall be liable for them, and if he travels +with the property because there was no trustworthy person with whom he could leave it, +and the property is lost or damaged without any wrongful act on his part, he shall not be +liable for it, and if he returns it in good condition to the place where the bailment was made +after the journey and it is thereafter lost or damaged without any wrongful act on his part, +he shall not be liable. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 224 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (971 ) +(1) If the bailee le nds or trades in the property bailed without the consent of the bailor, he +shall be liable for it and his liability shall not be discharged save by returning like property to +the place at which the bailment was made if it is a fungible, or by returning the value thereof +to the bailor, and not at the place of bailment if it is a non- fungible, and any profit shall +belong to the bailee in the event that he has traded with it. +(2) If he lends or trades in it with the consent of the bailor, then the property sha ll change its +status from being bailed to being a debt owed by the bailee, and he shall not be discharged +from it save by returning similar property if it is fungible or the value thereof if it is +non -fungible to the bailor, and not to the place at which t he bailment was made. +(3) If he lends or trades in part of the property bailed, he shall be liable as aforesaid in accordance with the circumstances, and the remainder of the property shall retain its status +as property bailed. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (972 ) +(1) The bail ee must return the property bailed and deliver it to the bailor on demand at the +place where the bailment was made unless the contract contains a condition to the benefit +of both or either of the parties, in which event such condition must be observed. +(2) If the property bailed perishes or suffers a diminution in value without any wrongful act +or default on the part of the bailee, he must make good to the bailor such liability as he has +come under, and must assign to him any third party rights that may hav e arisen by reason +thereof. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (973 ) +The bailee must return the profits and yields of the thing bailed to the bailor. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (974 ) +If the property bailed is damaged in the hands of the bailee through his fault, he shall be +liable therefor. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 225 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (975 ) +(1) If the bailee mixes the property bailed with something else from which it is impossible to +distinguish it and the other goods are not similar to the goods bailed in type or description, +he shall be liable therefor as soon as it becomes mixed, but if it is not impossible to distinguish it or if the mixture is with goods of a similar type and description, he shall not be +liable therefor. +(2) In that event, if part of the mixed goods are destroyed, they shall be divided between the +two parties in t he proportion owned by each of them until the good has become separated +from the damaged, and the loss shall be borne by the owners (in their respective proportions). + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (976 ) +If the property bailed is lost or stolen from the bailee by reason of his failure in the manner +of safekeeping either agreed upon or dictated by custom for the safekeeping of such +property or by his forgetting it in the place where he has left it or if he has gone somewhere +with it notwithstanding that it was possible for him to place it in his house or with a +trustworthy person prior to going to such other place, he shall in all circumstances be liable. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (977 ) +(1) If the bailee goes with the property bailed to return it to the bailor or if he sends it to him without hi s consent then in either event if it is lost or damaged in his hands or in the hands +of the messenger while on the way he shall be liable for it. +(2) If they are in dispute as to whether permission had been given or not, the evidence of the +bailor on his o ath shall be preferred. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (978 ) +(1) If the bailee alleges that the property bailed was lost or damaged without any wrongful act on his part, that allegation shall be believed but the bailor shall have the right to demand +that he take the oath as to what he has alleged if he accuses him of lying or if he attributes +lying to him, and if he refuses to take the oath in the event of an accusation of lying, he shall +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 226 + become liable for the property bailed as soon as he so refuses, and the bailor may not be +compelled to take the oath in return, and if the bailee refuses to take the oath if it is alleged +that he is lying he shall not be liable until after the bailor takes the oath in return and makes a sworn statement as to the lie. +(2) If the bailor (sic) stipulates at the time the bailment is made that he shall not be obliged +to take the oath in an action for loss or damage, such stipulation shall not be valid. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (979 ) +If the bailee denies (knowledge of) the property bailed when it is demanded from him and +the bailor produces evidence of the bailment and makes a claim for the return of the +property, and the bailee alleges that he has returned it to him or that it was damaged +without any wrongful act on his part, he shall be liable for it and no evidence that it has been +returned or damaged shall be accepted from him. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (980 ) +If there are several bailees and the property bailed is indivisible, it shall be permissible for it +to be kept with one of them with the consent of the rest or kept alternately by each of them, +and if it is divisible it shall be permissible to divide it between them, for each to keep his portion. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (981 ) +If the bailor goes missing and cannot be found, the bailee must safeguard the property bailed until it is ascertaine d whether the bailor is alive or dead, and if the property bailed is +such as will perish by the passage of time, he must make an application to the judge for the +sale thereof and must keep the price in trust with the court treasury. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (982 ) +(1) If two people bail property owned in common between them with another person and +one of those two persons demands the return of his portion in the absence of the other, he +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 227 + must return it if the property is fungible, and must refuse to return it if the propert y is +non -fungible, unless the other of the two agrees. +(2) If the property bailed is the subject of a dispute between the two bailors, he may not +return the property to either of them without the consent of the other or without the order +of the court. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (983 ) +(1) If the bailee dies and the actual property bailed is found in his estate, it shall be held in +trust in the hands of the heir, and he must return it to the owner. +(2) If the actual property bailed is not found, there shall be no liability on the estate: +(a) if the heir proves that the bailee has made a declaration as to what has happened to the +property bailed, such as that it has been returned, or was lost or destroyed while in his hands +without any wrongful act or default on his part; or +(b) if the heir knows the property and can identify it, and shows that it was lost or destroyed +after the death of the legator without any wrongful act or default on his part. +(3) If the bailee dies and it is not known what has happened to the property bailed and it is +not found in his estate, the property shall constitute a liability as against the estate, and the owner shall rank with the ordinary creditors. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (984 ) +(1) If the bailee dies and his heir sells the property bailed and delivers it to the purchaser and +it is lost, the owner of the property shall have the election to hold either the seller or the purchaser liable for the value thereof as at the date of the sale if it is a non- fungible, or for +similar property if it is fungible. +(2) If the p roperty bailed is still in existence in the hands of the purchaser, the owner shall +have the option as the wishes either to retrieve it and reject the sale, or to affirm the sale and +receive the price thereof. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (985 ) +If there is found in the estate of the deceased property on which it is written in the hand of +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 228 + the deceased or of the bailor that it is property bailed and is owned by the bailor, and the +amount thereof is specified and it is found to be short of that amount, the shortfall shall be +recoverable from the estate of the deceased if it is known that he has disposed of (part of) the property bailed. + +2- Obligations of the bailor +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (986 ) +The bailor must pay the agreed remuneration if the bailment was for reward. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (987 ) +(1) The bailor must reimburse to the bailee such monies as have been expended in the +safekeeping of the property bailed with the permission of the bailor. +(2) If the bailor is absent, the bailee may raise the matter before the judge for such order to be made if t he judge thinks fit. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (988 ) +(1) If the bailee expends money on the property bailed without the consent of the bailor or the judge, that shall be regarded as a gift. +(2) Save that the bailee may in compelling or urgent circumstances expend money on the +property bailed to a generally acceptable amount and shall have a recourse against the bailor for monies he has expended out of his own pocket. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (989 ) +(1) The bailor must bear the expenses of the return of the property bailed, and the costs of +delivery. +(2) He shall be liable to the bailee for any damage the latter may have suffered by reason of the property bailed unless arising out of any wrongful act or default on his part. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 229 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (990 ) +If there is a third party right over the goods bail ed and the bailee satisfies that right, he shall +have a right of recourse against the bailor in respect thereof. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (991 ) +If the bailor dies, the property bailed shall be delivered to his heir unless his estate is +insolvent, in which event the property may not be delivered without the consent of the +judge. + +Part 3: Provisions relating to certain types of bailment +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (992 ) +If the property bailed is a sum of money or a thing which can be destroyed by use and the bailor permits the bailee to use i t, it shall be regarded as a contract of loan. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (993 ) +(1) The deposit of property belonging to guests at hotels or the like shall be deemed to be accompanied by a provision of liability, and the owners of such establishments shall be +liable for an y loss or damage occurring therein. +(2) With regard to valuables, money or valuable securities, there shall be no liability in +respect thereof in the absence of any wrongful act or default unless the owners of the said establishments agree to preserve them with knowledge of their value or unless they refuse +without justificat ion to hold them in safekeeping or if they or those working under them +have been instrumental through their own gross default in the loss suffered, and in that +event they shall be liable up to a generally accepted extent. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (994 ) +(1) Guests at hote ls or the like must notify the owners of any loss or theft from them before +they leave the establishment. +(2) No claim of liability for loss or theft shall be heard after the expiration of six months from +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 230 + the date the guest leaves. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (995 ) +(1) Eith er the bailor or the bailee may terminate the contract when he wishes, but provided +that such termination must not be at an inappropriate time. +(2) If the bailment is for reward, neither of the parties shall have the right to terminate it +prior to the due date, but the bailor may require the return of the property bailed at any time if he pays the full balance of the consideration due, and there is no stipulation preventing +him from so doing. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (996 ) +(1) If the bailee becomes insane without hope of cure or recovery and the bailor proves the +bailment to the guardian or protector and the specific property is found, it shall be returned to the owner, but if it is not found then the bailor shall recover compensation out of the +property of the insane person, on condition that he furnishes suitable security. +(2) If the bailee recovers from his insanity and he alleges that the property bailed has been +returned or destroyed without any wrongful act or default on his part, he shall be believed +upon his oath and any property taken in lieu of the property bailed shall be recovered from +the bailor or his surety. + +Chapter Five : Custodial Contract +Part 1: General provisions +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (997 ) +Custodianship is a contract whereby two parties in dispute entrust property to another for him to safeguard and manage it on condition that he returns it together with any yield +therefrom to the person whose right thereto is established. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 231 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (998 ) +If the contracting parties agree to plac e the property in the hands of two or more persons, it +shall not be permissible for any one of them acting individually to keep it or to dispose of the +yield thereof without the consent of the remaining persons. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (999 ) +Either of t he parties to a dispute over property may, in the absence of agreement, make an +application to the judge in order to avert an imminent risk or in reliance on a just cause to appoint a guardian to take delivery of such property to safeguard and manage it, a nd for him +to be entrusted with the exercise of any right which the judge regards as being in the interests of both parties. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1000 ) +Judicial custodianship over waqf property shall be permissible in the following circumstances if it becomes apparent that custodianship is a necessary step for the +preservation of the rights of the persons concerned: +(1) if the office of trustee is vacant or if there is a dispute between the trustees or a trustee and an overseer as to the waqf property, and an action has been brought for the dismissal of +the trustee, and in such cases the custodianship shall cease if a trustee is appointed over the waqf property, whether provisionally or finally; +(2) if the waqf is in debt; or +(3) if the person entitled is bankrupt and it appears that custodianship is necessary to +preserve the rights of the creditors, in which event the custodianship shall be over his +portion (alone) unless it is impossible to separate such portion, in which event the +custodianship shall be over the whole of the waqf property. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1001) +If the parties to the dispute do not agree upon the person of the custodian, such person shall be appointed by the court. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 232 + Part 2: Obligations and rights of the stakeholders +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1002 ) +Property in the hands of the custodian shall be held by him in trust, and he may not in the +exercise of his duties exceed the limit laid down for him, otherwise he will be liable. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1003 ) +The agreement or the order of the court creating the custodianship shall specify the rights, +obligations and powers of the custodian, failing which the provisions governing bailment +and agency shall apply to the extent that they do not conflict with the nature of custodianship and the provisions of this Part. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1004 ) +The custodian must preserve the property entrusted to him, and attend to the management +thereof, and must, in so doing, exercise the care of the reasonable man. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1005 ) +The custodian may not, otherwise than in the course of safeguarding or administering the property, make any disposition thereover save with the consent of the parties to the dispute +or by leave of the court, unless there is a compelling necessity giving rise to a fear that the produce or moveable property may be damaged or destroyed. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1006 ) +The custodian shall be bound to provide the persons concerned with the necessary +information concerning the execution of his function, and he must give an account thereof +at the times and in the manner agreed by the parties or ordered by the court. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1007 ) +A custodian shall be entitled to proper recompense for the monies he has expended in the performance of his duties. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 233 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1008 ) +If the custodian stipulates that he should be entitled to remunerat ion for carrying out his +work, notwithstanding that he has not fixed the exact sum, and he is a person of a type who +works for remuneration, he shall be entitled to just remuneration. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1009 ) +The custodian may discharge himself of his functions when he wishes; provided that he gives notice to the parties concerned and continues to carry out the work he has commenced until it reaches a stage where his ceasing will not cause any prejudice to the +parties to the dispute. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1010 ) +If the custodi an dies or becomes incapable of carrying out the duties entrusted to him, or if a +dispute arises between him and any of the parties concerned and the two parties do not +agree to elect a substitute for him, the court may appoint a custodian appointed by it upon +the application of one of the parties, in order to continue to carry out the task. + +Part 3: Termination of the custodianship +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1011 ) +Custodianship shall determine upon the completion of the work, the agreement of the +persons concerned, or by order of the court, and the custodian must then take steps to +return the property entrusted to him to such person as the persons concerned may agree, or +to the person appointed by the court. + +Section 4: Contracts of hazard (gharar) +Chapter One : Betting and gambling +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1012 ) +A competition (for reward) is a contract whereby a person is obliged to pay a sum of money or gives some other thing by way of agreed recompense to a person who succeeds in +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 234 + achieving the object specified in the contract. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1013 ) +Competitions with prizes shall be permissible in running, shooting, sports, or preparat ion for +trials of strength. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1014 ) +The following conditions must be satisfied for a contract of competition to be valid: +(a) the prize must be known and the person who is obliged to give it must be specified in +person; and +(b) the description of the subject matter of the contract must be sufficient for the avoidance +of uncertainty, as in a race, where the distance between the start and the finish must be +specified, and, in the case of a shooting match, the number of shots and the winning it must be defined. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1015 ) +The prize may be specified property, or a debt which is immediately payable or deferred, or +partly payable immediately and partly deferred. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1016 ) +If a race takes place for a prize, the race shall be a contract immediately binding on the participants, and neither of them may dissolve such contract save by mutual consent. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1017 ) +If the competition is between two persons or groups, the prize may be provided by one of them or by a third party, and each team shall be regarded as a single person so far as +concerns the obligation to provide the prize. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 235 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1018 ) +If the competition is between two persons or teams and it is desired o allocate some of the +prize to a person other than a participant, the share of such person must be less than the +share going to the participant. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1019 ) +If the prize is provided by one of the participants or by another person with the condition +that it should go to the winner, that shall be permissible, but if it is stipulated that the winner should have the stake prior to the other, that is not permissible because the contract would +then be one of gambling. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1020 ) +If the arrow of one of the contestants strikes an obstacle in its passage to the target, or if his +horse or camel is struck on the face or if his whip with which he is spurring the animal is wrested from his g rasp, and the horse or camel is slowed down, he shall not be deemed in +those circumstances to have been beaten, but if he forgets his whip before mounting or if it falls from his hand and the speed of his mount is thereby reduced, he shall be regarded as +having been beaten. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1021 ) +(1) Any contract of gambling or for a prohibited competition shall be void. +(2) Whoever loses a bet or a prohibited competition may recover what he has paid within a period of six months commencing from the time at which he paid over what he lost, +notwithstanding that there may be an agreement to the contrary, and he may prove his +claim by all proper means. + +Chapter Two: Payments for life +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1022 ) +(1) It shall be permissible for a person to undertake to another to pay him a periodical +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 236 + income so long as he lives, without consideration. +(2) If the obligation relates to teaching, medical treatment or an agreement, it must be +performed in accordance wit h custom, unless the obligation contains a contrary stipulation. +(3) The contract must be written in order to be valid. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1023 ) +(1) It shall be permissible for the obligation to pay the income to be for the life of the obligor or the obligee or of another person. +(2) If the obligation is silent on the point, it shall be deemed to extend for the life of the obligor, unless a contrary agreement is made. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1024 ) +If the obligor does not comply with his obligation, the other party may requir e that the +contract be enforced. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1025 ) +If the income is stipulated to be for the life of the promisor and the promisor dies before the +obligee and the due time for payment of the periodical income has not yet arrived, the +obligee shall receive a pro rata part of the income for the period which had expired as at the +death of the promisor, within the customary limits, and he shall have recourse against the +estate in the same manner as for a bequest in the absence of a contrary agreement. + +Chapter Three : Contracts of insurance +Part 1: General provisions +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1026 ) +(1) Insurance is a contract whereby the assured and the insurer cooperate in facing the insured risks or events, and whereby the assured pays to the insurer a specified sum or +periodical instalments, and if the risk or the event set out in the contract materialises, the +insurer pays to the assured or the person stipulated as the beneficiary a sum of money or a +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 237 + regular income or any other pecuniary right. +(2) The law shall lay down provisions governing those bodies which may carry on insurance +business and matters relating to their legal form, the manner of their establish ­ment, the +manner in which they carry on their business, and supervision thereof, in such a manner as +to achieve the cooperative aims of insurance, and the definitive laws and basic principles +shall not conflict with the Islamic Shari'a. +(3) If the law referred to in foregoing paragraph is not passed, th e rules and customs +currently in force shall remain so with regard to insurance and the bodies which carry on the +business of insurance. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1027 ) +Without prejudice to the provisions of the foregoing Article, it shall be permissible to effect +insurance against risks arising out of personal accidents, accidents at work, theft, breach of +trust, insurance for vehicles, civil liability, and all events which by custom and the special +laws may be insured against. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1028 ) +(1) Any of the following p rovisions appearing in a policy of insurance shall be void: +(a) any provision which provides that the right to insurance shall lapse by reason of a breach +of the law unless the breach involves a felony or a deliberate misdemeanour; +(b) a provision whereby the right of the assured shall lapse by reason of his delay in giving +notice of the incident insured against to the parties which should be notified or to provide +documents in the event that it appears that there is a reasonable excuse for the delay; +(c) a ny printed clause not shown conspicuously, if it relates to any circumstance leading to +the avoidance of the contract or the lapse of the right of the assured; +(d) an arbitration clause unless contained in a special agreement separate from the general prin ted conditions in the policy of insurance; and +(e) any arbitrary clause breach of which it appears would have no effect on the occurrence +of the incident insured against. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 238 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1029 ) +(1) It shall be permissible for the in surer to be exempted from liability if the beneficiary has +paid an indemnity to the injured party without the consent of the insurer. +(2) It shall not be permissible to rely on such agreement if it is shown that the payment of +the indemnity was made for th e benefit of the insurer. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1030 ) +It shall be permissible for the insurer to take the place of the assured in respect of any indemnity paid to him for loss, in bringing the claim of the assured against the person who +caused the loss out of which the liability of the insurer arose, unless the person who caused +the loss was an ascendant or descendant of the assured, or his spouse, or somebody living in +one household with him, or a person for whose acts the assured is responsible. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1031 ) +Special provisions governing various contracts of insurance not contained in this law shall +be dealt with by special laws. + +Part 2: Effects of the contract +1- Obligations of the assured +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1032 ) +The assured shall be obliged as follows: +(a) to pay the s ums agreed at the time stipulated in the contract; +(b) to declare, at the time the contract is made, all information knowledge of which is of +concern to the insurer to estimate the risk which he is assuming; +(c) to notify the insurer of any matters occurri ng during the period of the contract which lead +to such risks being increased. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1033 ) +(1) If the assured acting in bad faith conceals any matter or provides incorrect information +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 239 + such as to lessen the degree of t he risk insured against, or to vary the subject matter thereof, +or if he fraudulently fails to discharge any obligation he has undertaken, the insurer may +require that the contract be cancelled, and he shall be entitled to keep any instalments which fell d ue prior to such requirement. +(2) If fraud or bad faith is disproved, then the insurer must, when he requires that the +contract be cancelled, return to the assured the premiums he has paid, or return such part +thereof in respect of which the insurer was no t on risk. + +2- Obligations of the insurer +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1034 ) +The insurer must pay the indemnity or the sum due to the assured or the beneficiary in the +manner agreed upon when the risk materialises or when the time specified in the contract +comes. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1035 ) +The obligation of an insurer under an insurance against civil liability shall only become effective when the injured party makes a claim against the beneficiary after the occurrence +of the incident out of which such liability arose. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1036 ) +(1) Claims arising out of contracts of insurance shall not be heard after the expiration of three years from the occurrence of the incident out of which the claim arose, or from the +person concerned having knowledge of the occurrence thereof. +(2) That time limit shall, in the event of the assured concealing particulars relating to the risk +assured or providing false particulars, only begin to run as from the date the insurer had +knowledge thereof. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 240 + Part 3: Special provisions relating to cert ain types of insurance +1- Fire insurance +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1037 ) +An insurer under a fire insurance shall have the following liabilities: +(a) for damage arising out of the fire notwithstanding that the fire arose out of earthquake, +storm, winds, hurricane, household explosions and disturbances caused by the falling of +flying objects and other flying craft, and all matters which are customarily regarded as falling +within that type of insurance; +(b) for damage which is the direct and certain result of the fire; +(c) for damage sustained by the property insured through steps taken in the course of rescue +to prevent the spread of the fire; and +(d) for loss or disappearance of property insured during the fire, unless it is proved that that +was the result of theft. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1038 ) +An insurer shall be liable for fire damage arising through the error of the assured or the +beneficiary. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1039 ) +An insurer shall not be liable for damage deliberatel y or fraudulently caused by the assured +or the beneficiary, notwithstanding any agreement to the contrary. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1040 ) +An insurer shall be liable for fire damage caused by those working under the assured, +whatever may be the nature of their default. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1041 ) +The insurer shall be liable for damage arising out of the fire notwithstanding that such -fire +arose out of a defect in the property insured +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 241 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1042 ) +(1) Any person who insures property or an interest with more than one insurer must notify +all of them of the other contracts of insurance, the amount of each of them, and the names +of the other insurers. +(2) If there are several insurers, the amount of the insurance must not exceed the value of +the property or interest insured. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1043 ) +If insurance is placed over property or an interest with more than one insurer in sums +exceeding in the aggregate the value of the property or interest insured, each of the insurers +shall be bound to pay a part equivalent to the proportion of the sum insured to the total of +the contracts of insurance, without the amount payable to the assured exceeding the value +of the fire damage. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1044 ) +Fire insurance placed over the moveable property of the assured as a whole which at the +time of the fire is in places occupied by him, shall also cover property owned by the +members of his family and persons working in his service if they are living with h im in one +household. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1045 ) +(1) If the property insured is encumbered by a mortgage or other security in rem, such rights +shall attach to the insurance money due to the assured under the policy of the insurance. +(2) If such rights are registered or have been notified to the insurer by registered letter, it +shall not be permissible for him to pay the money he owes to the assured save by the consent of those obligees. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 242 + 2- Life Insurance +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1046 ) +The insurer u nder a policy of life insurance must pay to the assured or the beneficiary the +sums agreed upon the occurrence of the insured event or at the time stipulated in the +contract, without the need for proof of any loss suffered by the assured or the beneficiary . + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1047 ) +In order for there to be a valid life insurance for the life of another, he must consent thereto +in writing prior to the placing of the insurance, and if he is not of legal capacity, then the +insurance shall be valid only upon the consent of his legal representative. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1048 ) +(1) The insurer shall not be obliged to pay the amount of the insurance if the assured has +committed suicide, and he must return to the beneficiary a sum equivalent to the reserve +value of the insurance unless the beneficiary proves that the purpose of the suicide was not to obtain the insurance money, and in that event the premiums must be repaid, with a +deduction for proper expenses. +(2) If the suicide occurs without choice or unconsciously or through any ot her cause leading +to loss of free choice, the insurer shall be bound to pay the full sum insured, and the +beneficiary must prove that the life assured was not in possession of free choice at the time +of the suicide. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1049 ) +(1) The insurer shall b e discharged of his obligation in the case of insurance over the life of +another where the assured has deliberately caused the death of a third person or if the death +has been incited by the assured. +(2) If the insurance is in favour of a person other than the assured and such person +deliberately causes his death or if the death takes place at his instigation, he shall be +deprived of the benefit of the insurance money. If the event is a mere attempt to cause +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 243 + death, the assured shall have the right to substitute an alternative beneficiary. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1050 ) +(1) The assured may stipulate that the insurance money be paid to persons specified in the +contract or to such persons as he may thereafter specify. +(2) If the insurance is in favour of the spouse, childre n, descendants or heirs of the assured, +the insurance money shall be payable to any person who proves that he falls within that +description at the time of the death of the assured, and if the heirs are the beneficiaries, the +insurance money shall be divide d between them in accordance with their lawful portions in +the estate. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1051 ) +An assured who is bound to pay periodical premiums may terminate the contract at any time provided that he notifies the insurer of his intention in writing, and he shal l be released +of the obligation to pay subsequent premiums. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1052 ) +(1) Any erroneous information as to the age of the life assured or an error therein shall not +result in the policy of insurance becoming void unless the true age of the assured exceeds +the limit laid down in the insurance policy. +(2) If the effect of the erroneous information or the stake is such that a lesser premium has been paid than should have been paid, the insurance must be reduced to the proportion +which the agreed premium bears to the premium which should have been paid on the basis of the true age. +(3) If the agreed premium is greater than would have been payable on the basis of the true age of the life assured, the insurer must return the excess which has been paid for hi m and +reduce the subsequent premiums to a level appropriate to the true age. + + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 244 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1053 ) +If a life insurer pays the amount of the insurance, he shall not have the right to become +subrogated to the rights of the assured or the beneficiary with regard to the person who +caused or was responsible for the insured event. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1054 ) +The insurance money receivable by the assured or the beneficiary at the end of the period +agreed in the contract must not contain any usurious interest. +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1055 ) +The sums agreed to be payable on the death of the assured shall not be included in his +estate. + +Section 5 : Contracts of personal guarantee +Chapter One : 1 Suretyship +Part 1: Elements of suretyship +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1056 ) +Suretyship is the joining of the liability of a person called the surety with the liability of the +obligor in the performance of his obligations. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1057 ) +(1) Suretyship may arise through use of that word, or words indicating a guarantee. +(2) For a suretyship to arise and to be effective it i s sufficient for the surety to make the offer, +unless the obligee rejects it. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1058 ) +It is a prerequisite of a suretyship arising that the surety should be competent to make gifts. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 245 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1059 ) +The suretyship shall be void if the surety makes a condition in his own favour that he should +have the option to make it conditional. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1060 ) +It is valid for a suretyship to be accomplished, or restricted by a valid condition, or +dependent upon an appropriate condition or for it only to become operative in the future or +for a limited period. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1061 ) +In order for the suretyship t o be valid, the principal debtor must be indebted to the obligee in +respect of a debt or property or a known person and it should be within the capacity of the surety to discharge the obligation. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1062 ) +Suretyship in respect of the expenses of a wife or relatives shall be valid notwithstanding that there has been no judgment or agreement thereon. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1063 ) +The suretyship of the agent of the seller to a purchaser in respect of the payment of the price at which he was appointed to sell the pr operty is invalid, and there shall be no suretyship on +the part of a guardian with regard to the price at which he sells the property of the infant, nor shall there be any suretyship of a trustee for the price for which he has sold waqf property. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1064 ) +(1) Suretyship for a person suffering from a terminal illness shall not be valid if the debtor +owes a debt greater than the amount of his property. +(2) Suretyship shall be valid if the debt is not greater than the amount of the property, and +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 246 + the pr ovisions relating to wills shall apply thereto. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1065 ) +Suretyship conditional on the discharge of the principal obligor is an assignment. An +assignment which provides that the assignor should not be discharged is a suretyship. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1066 ) +The surety under suretyship subject to a suspensive condition or a deferred suretyship may +revoke the suretyship before the obligation becomes actual. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1067 ) +The suretyship shall cover the incidentals of the debt and costs of claiming unless the contrary has been agreed. + +Part 2: Certain types of suretyship +1- Securing the attendance of a person +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1068 ) +(1) Surety for the person obliges the guarantor to produce the person guaranteed at the time +stipulated at the request of the beneficiary of the guarantee, and if he does not do so it shall +be permissible for the judge to impose an exemplary fine, but it shall be permissible for him to exempt him if he pr oves that he was unable to secure the attendance of the person +guaranteed. +(2) If the surety for a person has undertaken to pay a specified sum by way of a penalty +clause in the event that he does not secure the attendance of the person guaranteed, he shal l +be bound to pay that sum, and the judge may exempt him from it either in whole or in part if +it appears that that course is justified. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1069 ) +If the surety undertakes to pay the debt upon his failure to deliver the person guaranteed, he +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 247 + must pay it if he fails to deliver up the person. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1070 ) +(1) A surety for a person shall be released if he delivers the person guaranteed to the +beneficiary, or if he performs, that for which he stood surety. +(2) He shall likewise be released upon th e death of the person guaranteed, but shall not be +released upon the death of the obligee beneficiary, whose heirs shall have the right to require the surety to deliver up the person guaranteed at the time specified. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1071 ) +The person guaranteed must be delivered at the place specified by the surety, and if no place +is specified then he shall be delivered up at the place where the contract was made. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1072 ) +If the surety has paid what is due by virtue of the absence of the person guarante ed and it is +impossible to secure his attendance and it is then proved that the person guaranteed died +before the payment was made, the surety shall recover what he has paid. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1073 ) +If it does not appear from the contract of guarantee that it is a guarantee for property or guarantee for a person and there is no circumstantial evidence either way, it shall be +presumed to be a guarantee for property, and if the surety claims that the intention was that +it should be a surety for a person and the obli gee claims that the intention was that it was a +surety for property, the evidence of the guarantor on his oath shall be preferred. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1074 ) +A husband may revoke a surety for the person if it was issued by his wife without his +consent notwithstandin g that the debt secured is less than one- third of her property. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 248 + 2- Darak Suretyship (guarantee to give indemnity if goods sold are owned by +a third party) +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1075 ) +A darak suretyship is a suretyship to pay the price of property sold if there are th ird party +rights subsisting in that property. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1076 ) +No claim shall be made against the surety of a seller by way of darak unless judgment is given that a third party right subsists in the thing sold and the seller is ordered to return the +price. + +Part 3: Effects of suretyship +1- Between the surety and the obligee +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1077 ) +(1) The surety must discharge his obligation when the time falls due. (2) If the obligation is conditional , it must be discharged when the condition is fulfilled. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1078 ) +(1) The obligee may claim against the principal obligor or the surety, or may claim against them both. +(2) If the surety has a surety the obligee may claim against either of them as he wishes. +(3) Provided that if he makes a claim against one of them, his right to claim against the others shall not lapse. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1079 ) +It shall be permissible for the suretyship to be conditional upon the discharge of the debt out of the property of the obligor deposited with the surety, on condition that the obligee agrees +thereto. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 249 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1080 ) +If the suretyship is unqualified, the obligation of the surety shall follow the obligation of the +principal obligor, whether immediate or deferred. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1081 ) +If one of them guarantees an immediate debt by way of deferred suretyship, the debt as against both the surety and the principal obligor shall be deferred unless the surety +stipulates that the deferment shall apply to himself alone or the obligee stipulat es that the +debt should be deferred with regard to the surety only. In that event the debt shall not be +regarded as deferred with regard to the principal obligor. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1082 ) +If a debt is secured by a security in rem prior to the suretyship arising, and the surety has made it a condition that recourse should be had against the principal obligor first, it shall not be permissible to execute against the property of the surety prior to executing against the +property standing as security for the debt. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1083 ) +It shall be permissible for the surety of a surety to make it a condition that the obligee should +have recourse against the other surety first. If the surety or the obligor dies before a deferred +debt falls due, the debt shall be recoverabl e out of the estate of the deceased. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1084 ) +If the surety or the debtor dies before a deferred debt falls due, the debt shall be payable out +of the estate of the deceased. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1085 ) +If there are several sureties for one debt it shall be permissible to make a claim against each +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 250 + of them for the whole debt unless they have all become sureties under one contract which +does not provide that they should be jointly liable, and no claim may b e made against any of +them save in respect of the amount of his share. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1086 ) +If the sureties are jointly liable as between themselves and one of them discharges the debt +upon its falling due, he shall have the right to have recourse against all of the remaining +sureties for his share of the debt and his share in the proportion of any one of them who is +bankrupt. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1087 ) +Any suretyship imposed by a provision in the law or by an order of the court shall, upon +becoming unqualified, have the effect of the sureties being jointly liable. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1088 ) +If the creditor receives satisfaction of his debt by (accepting) another thing, the principal obligor and the surety shall both be discharged unless third party rights subsist in that thing. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1089 ) +If his debtor becomes bankrupt, the creditor must prove for his debt in the bankruptcy otherwise his right of recourse against the surety shall lapse to the extent of the loss +sustained by his not having so done. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1090 ) +(1) The sure ty shall not have any right of recourse against the principal obligor in respect of +any obligation which he has discharged on his behalf unless the suretyship arose at the request or with the consent of the principal obligor, and the surety has discharged the +obligation. +(2) He shall not have any right of recourse in respect of early payment of a deferred debt +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 251 + until such time as the debt would have fallen due. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1091) +(1) The obligee must deliver to the surety upon dischar ge by him of the debt all necessary +papers to enable him to exercise his right of recourse against the principal obligor. +(2) If the debt is secured by a security over other property, the obligee must release it to the +surety if it is a chattel, or transfe r his rights to him if the property is real property, and +provided that the surety shall bear the costs of such transfer, and may have recourse for +those costs against the principal obligor. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1092 ) +If a debt is due, the creditor must claim for it within six months from the date on which it fell +due, otherwise the surety shall be deemed to have been discharged. + +2- Between the surety and the principal obligor +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1093 ) +(1) If the surety gives any other thing in lieu of the debt, then his reco urse as against the +principal obligor shall be for that which he stood surety for and not for that which he in fact gave. +(2) If the obligee accepts a proportion of the debt in settlement, then the recourse shall be +only for the amount paid by way of settl ement and not for the entire debt. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1094 ) +(1) If the principal obligor pays the debt before the surety pays it or if he learns of any reason preventing the obligee from making a claim, he must notify the surety, and if he does not do +so and the s urety discharges the debt, he may then at his election have recourse against the +principal obligor or the obligee. +(2) If a claim is made against the surety he must join the principal obligor therein, and if he +does not do so it shall be permissible for th e principal obligor to raise as against him any +defences which it would have been competent for him to raise in the claim brought by the +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 252 + obligee. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1095 ) +A surety for property or for the delivery up of the body of a person may make an application +for an order preventing the person for whom he stands surety from travelling abroad if the +suretyship arose through his order and there is evidence giving rise to a fear that the surety +will suffer loss. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1096 ) +The surety shall have a right of re course against the principal obligor for expenses incurred +by him in carrying out his obligations under the suretyship. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1097 ) +If the principal obligors are jointly liable, then the person standing surety for them shall have the right to require all of them to have recourse against any one of them for the total amount +of the debt which he has discharged. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1098 ) +It shall not be permissible for a surety to receive any consideration for his suretyship, and if he does so he must return it to the owner, and his capacity as surety shall lapse if he accepts +such thing from the obligee or the principal obligor or from a third par ty with the knowledge +of the obligee, and if he accepts it without his knowledge he shall be bound by his suretyship +and shall be obliged to return that which was given in consideration. + +Part 4: Termination of suretyship +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1099 ) +Suretyship shall terminate as follows: - +(a) by discharge of the debt; +(b) by the loss of the thing held by the person for whom he stands surety by reason of force +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 253 + majeure and before a claim is made; +(c) by the cessation of the contract by virtue of which the right against t he principal obligor +arose; +(d) if the obligee discharges the surety from his suretyship or the principal obligor from the +debt; +(e) upon the death of the principal obligor; +(f) by the principal obligor being brought to the place of delivery after the deferred period +matures, notwithstanding that the obligee refuses to accept delivery, unless he is unlawfully +prevented from so doing; +(g) by bringing the principal obligor before the period falls due, and the obligee suffers no loss through taking delivery of him; and +(h) by handing over the principal obligor himself. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1100 ) +The surety for the price of a thing sold shall be discharged from his suretyship if the sale is +voided or if there is defect in title in the thing sold or if it is rejected by reason of a defect. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1101 ) +If the surety or the principal obligor makes a composition with the obligee for part of the +debt, they shall both be discharged from the balance, and if it is stipulated that the surety +alone should be discharged, the obligee may at his election take the amount agreed upon from the surety and the balance from the principal obligor, or he may if he wishes take no action against the sure ty and make a claim for the whole debt against the principal obligor. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1102 ) +The rights of the obligee shall be transferred to his heirs upon his death. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1103 ) +If the obligee dies and he leaves the whole of his estate to the principal obligor, the surety +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 254 + shall be discharged from his suretyship, and if he has another heir the surety shall be +discharged in respect of the share bequeathed to the principal obligor only. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1104 ) +No claim may be made against a surety in respect of a s uretyship for a limited period save +for the obligations arising during the period of the suretyship. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1105 ) +(1) If the surety or the original creditor assigns the debt secured or part thereof to another person by way of assignment accepted by the assignee or the debtor whose debt was so +assigned, the principal obligor and the surety shall be discharged to the extent of such +assignment. +(2) If it is a condition of the assignment that the surety alone should be discharged, he alone +shall be discharg ed to the exclusion of the principal obligor. + + +Chapter Two : Assignments +Part 1: The creation of an assignment +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1106 ) +An assignment is the transfer of a debt and claim from the liability of the transferor to the transferee. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1107 ) +An assignment is an immediately binding contract unless one of the parties reserves to +himself the option to rescind. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1108 ) +(1) An assignment shall be limited or absolute. +(2) A limited assignment is one the execution of which is restricted to a (particular) debt +owned by the transferor to the responsibility of the transferee or (liability in respect of) +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 255 + particular property in his possession by way of trust or guarantee. +(3) An absolute assignment is one which is not restricted to any of the fore going, even +though such (debt or property) may be in existence. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1109 ) +(1) In order for an assignment to be valid, there must be the consent of the transferor, the +transferee, and the creditor. +(2) A transfer made between the transferor and the t ransferee is dependent upon the +consent of the creditor. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1110 ) +In order for an assignment to be valid, the transferor must be indebted to the creditor, but it is not necessary that the transferee be indebted to the transferor. If he consents to the +transfer, he shall be bound by the debt to the creditor. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1111) +An assignment by a person having an entitlement in respect of a waqf to his creditor shall be +valid if it is an assignment limited to the amount due from the guardian of the waq f if the +accrued yield of the waqf is in his hands prior to the assignment. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1112 ) +The consent of a father or guardian to an assignment to a third party shall be permissible if it +benefits the minor in that the transferee is more solvent than the transferor, but shall not be +permissible if he is equally or nearly equally as solvent as the tr ansferor. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1113 ) +In addition to the general conditions, the following conditions must also be satisfied in order +for an assignment to be valid: +(a) it must be completed and dependent on no condition other than an appropriate or +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 256 + customary condition, nor must any future contract be dependent on it; +(b) the performance thereof must not be deferred to an unknown future date; +(c) it must be limited in time to a specific time limit; +(d) the property transferred must be a known debt which is capable of being satisfied; +(e) the property transferred to the transferee in a restricted transfer must be a debt or, +specific property which cannot be compounded, and both types of property must be equal +in type, amount and description; and +(f) it must not involve a ny conditional or substantial additional consideration in favour of +any of the parties, and the assignment shall be unaffected by such additional consideration +agreed upon after the assignment was made, and it shall not be payable. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1114 ) +(1) An assignment shall be void if one of the conditions necessary therefor is not present, +and the debt shall revert to the transferor. +(2) If the transferee has made payment to the creditor before it becomes apparent that the +transfer is void, he shall have the option of recourse against either the transferor or the +creditor. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1115 ) +A transfer shall become void upon the reason for the debt transferred or the reason for the +transfer itself becoming void. + +Part 2: Effects of an assignment +1- Between the creditor and the transferee +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1116 ) +The creditor shall have the right to make a claim against the transferee, and the transferor shall be discharged from the debt and claim together if the transfer is validly made. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 257 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1117 ) +The debt shall be transferred to the transferee retaining the same characteristics as it had in +the hands of the transferor. If it is immediately payable, it shall remain immediately payable +after the transfer, and if it is deferred, it shall retain its d eferred status. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1118 ) +It shall be permissible for the creditor and the transferee after the assignment is made to +agree mutually to part of the debt or less thereof or a deferment of an immediately payable debt or to the immediate payment of the deferred debt or to take some other consideration +for the debt unless the same amounts to riba al -nasi'a (see Article 733(4)). + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1119 ) +The debt transferred shall retain all of the guarantees attaching thereto despite the fact that the person of t he debtor has changed, but nevertheless a guarantor, whether in rem or in +personam, shall not remain liable to the creditor unless he has agreed to the transfer. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1120 ) +The transferee may, vis -à-vis the creditor, rely on all defences relating to the debt which he +would have had as against the transferor, and he may rely on all defences available to the +transferor vis -à-vis the creditor. + +2- Between the transferor and the transferee +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1121 ) +The transferor shall have the right to claim against the transferee for any debt or property +owed by him if the transfer is not restricted specifically to either of them, and the transferee +shall not have the right to detain such property until making paym ent to the creditor. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1122 ) +The right of the transferor to claim against the transferee for the property of his that the +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 258 + latter has by way of debt or specific property shall lapse if the transfer is restricted to either +of such type of property and the conditions thereof are satisfied, and the transferee shall not +be discharged as against the creditor if he pa ys either of them to the transferor. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1123 ) +It shall not be permissible for the transferee in a valid assignment of either type to refuse to +make payment to the creditor notwithstanding that the transferor may have recovered his +debt from the tra nsferee or retrieved his property held by the transferee. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1124 ) +(1) If an absolute assignment is made with the consent of the transferor and if a debt is owed to him by the transferee, there shall be a set -off of his debt after payment. +(2) If h e is owed no debt by him, the transferee shall have recourse after payment. + +3- Between the creditor and the transferor +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1125 ) +The transferor must deliver to the creditor the document of title relating to the obligation +transferred and any necessa ry evidence or means to enable him to obtain his right. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1126 ) +If the transferor guarantees to the creditor the solvency of the transferee, such guarantee relates only to his solvency at the time of the transfer unless a contrary agreement is mad e. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1127 ) +(1) If the transferee dies before discharge of the debt under a limited transfer, the creditor shall be entitled to the property owed by the transferee or in his possession during the +lifetime of the transferor. +(2) If a debt of either type being transferred is deferred and the transferor dies, that deferred date shall hold good but shall be advanced to the date of the death of the transferee. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 259 + + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1128 ) +(1) A limited transfer sh all be void if the debt lapses or if there are third party rights in the +specific property arising through some prior matter, and the creditor shall have a recourse in +respect of his right against the transferor. +(2) A limited transfer shall not be void if the debt lapses or third party rights arise in the +specific property by virtue of an occurrence taking place after the transfer, and the transferee +shall have a recourse against the transferor, after making payment, in respect of what he has +paid. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1129 ) +The creditor shall have recourse against the transferor in the following circumstances: +(a) if the assignment is cancelled by the agreement of the parties thereto; +(b) if the transferee denies the assignment, and there is no evidence to prove it, and he +swears that it is non- existent; or +(c) if, in the case of a limited assignment, the specific property is lost and is not guaranteed. + +4- Between the creditor and third parties +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1130 ) +(1) If there are several assignments in respect of one r ight the first assignment shall take +priority and be effective with regard to third party rights. +(2) An assignment shall not be effective with regard to third parties unless official notice +thereof is given to the transferee or is accepted by him by a doc ument of certain date. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1131 ) +(1) If the property in question is impounded while in the hands of the transferee before the +transfer becomes effective as against third parties, then the transfer shall, with regard to the +impounding party, have the status of an impoundment made by another person. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 260 + (2) In that event, if the impounding takes place after the transfer has become valid as against +third parties, the debt shall be divided between the earlier impounding party, the creditor, +and the latter i mpounding party, by way of division as between creditors, but provided that +there shall be taken from the share of the latter impounding party such amount as +supplements the value of the assignment due to the creditor. + +Part 3: Termination of the assignment +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1132 ) +An assignment shall terminate by the subject matter thereof being discharged to the +creditor, either in fact or de jure. + +Book Three : Original Rights In Rem +Section 1 : Rights of ownership +Chapter One : The right of ownership generally +Part 1: Scope, means (of acquisition), and protection +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1133 ) +(1) The right of ownership is the power of the owner to dispose absolutely of his property, whether of the property itself, or of the benefit or exploitation of it. +(2) The owner of a thing alone has the right to the beneficial use of the thing owned, and to +its yield, fruits and produce, and to dispose of it in any manner permitted under the law. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1134 ) +(1) The owner of a thing owns that which is regarded as the essential elements of it if such +cannot be separated from it without the thing being destroyed, damaged or altered. +(2) Any person who owns land owns that is above and beneath it to the extent useful in +enjoying it, upwards and downwards, unless the law or an ag reement provide to the +contrary. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 261 + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1135 ) +(1) No person may be deprived of ownership without lawful cause. +(2) Expropriation of ownership for the public benefit shall be against just compensation and +in accordance with the provisions of the law. + +Part 2: Restrictions on rights of ownership +1- General provisions +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1136 ) +The owner may dispose of his property absolutely unless his disposition causes gross harm to another or is contrary to the laws and regulations relating to public or private interests. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1137 ) +Gross harm is that which is causative of the weakening or destruction of a building or which +prevents essential use, i.e. the benefits intended, being made of a building. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1138 ) +If a third party right subsists in property, the owner may not dispose of it in such a way as to harm the owner of that right, save with his consent. + +2- Restrictions on neighbours +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1139 ) +To impede the passage of light to a neighbour shall be deemed to be gross harm, and no +person shall have the right to make a building whereby the windows of his neighbour's +house are blocked in such a way as to prevent the passage of light to him, otherwis e it shall +be permissible for the neighbour to require that the building be removed to remove the +damage. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 262 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1140 ) +If a person has property which he is lawfully enjoying and another person makes a new +building close to it which is harmed by the fo rmer position, the person making the new +building shall not have the right to claim for damages arising therefrom, and he shall be +responsible for the. elimination of such damage. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1141 ) +(1) The owner of the air space or the benefit thereof through which the branches of another person's tree extends shall have the right to require the removal of that which extends into +his air space, notwithstanding that no harm may be caused to him thereby, and if he refuses +he shall give an indemnity for any damage arising by reason of it and he may, without the +need for a court order, remove that which extends into his property even by cutting it if +there is no other way of removing it, and he shall not be liable. +(2) This provision shall apply to the roots of a tree extending into another's land. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1142 ) +The owner of a building may require that his neighbour be prevented from planting a tree +next to his building if the tree is of a kind that has spreading roots, and he may require that it +be u prooted if it has been planted. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1143 ) +(1) A neighbour may not compel his neighbour to put up a wall or anything else on the boundary of his property nor to cede part of the wall or the ground on which the wall stands. +(2) The owner of a wall may not destroy it without strong justification if to do so would +cause damage to the neighbour whose property is screened by the wall. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1144 ) +(1) An owner may not excessively exercise his right to an extent causing harm to the +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 263 + property of the neigh bour. +(2) A neighbour shall not have recourse against his neighbour for the customary and +unavoidable detriments of neighbourhood, but may only require that such detriments be removed if they exceed the customary extent, providing that regard therein shall be had to +custom and the nature of the real property, the location of the properties in relation to each +other, and the purpose for which they have been appropriated. A permission issued by the +competent authorities shall not derogate from the exercise of that right. + +3- Restriction on rights of the disponee +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1145 ) +The owner may not, in making a disposition, whether by contract or bequest, impose +conditions restricting the rights of the disponee unless such conditions are lawful and the +purpose th ereof is the protection of a lawful interest in the disponor or the disponee or a +third party, for a limited period. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1146 ) +Any condition preventing the disponee from disposing (of the subject matter of the +disposition) shall be void unless the c onditions laid down in the foregoing Article are met. + +4- Rights of way +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1147 ) +A private road, like jointly owned property, belongs to the persons who have a right of passage over it, and no person enjoying such right may build anything upon it without the +permission of the others. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1148 ) +(1) Persons passing along a public way shall have the right to enter a private w ay if +necessary. +(2) The owners of a private way may not agree to sell it, divide it, or block the entrance to it. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 264 + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1149 ) +No persons other than those together owning a private way may open doors open it, or pass +over it. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1150 ) +If one of the owners of a private way blocks his door leading on to it, his right to pass over it shall not lapse and it shall be permissible for him and his successors to reopen it. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1151 ) +The costs of repairing a private way shall be borne by a ll of the owners in proportion to the +benefit each derives from it. + +Part 3: Co-ownership +1- General provisions +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1152 ) +Without prejudice to the provisions relating to shares in an inheritance, each heir shall, if +two or more acquire ownership of a thing by virtue of one of the ways by which ownership +may be acquired without splitting the share of each of them in it, be joint owners and the +shares of each of them shall be counted as equal in the absence of any evidence to the +contrary. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1153 ) +(1) Each of the partners in property may dispose of his share as he wishes without the +consent of the remaining partners, on condition that the rights of the other partners are not +prejudiced. +(2) If the disposition is of a discrete part of co -owned property and that part does not, at the +time of the division, fall to the lot of the disponor, the right of the disponee shall as from the +time of the disposition be transferred to the part allotted to the disponor by way of division, +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 265 + if the disponee did no t know that the disponor did not own the property disposed of +separately at the time of the contract, and he shall likewise have the right to cancel the +disposition. +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1154 ) +A co -owner of property owned in common may not dispose of his share without the consent +of the other co- owner if the property has blended and merged. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1155 ) +(1) In the absence of any agreement to the contrary, the management of property owned in +common shall vest jointly in the co- owners. +(2) If one of the co- owners und ertakes the management without any objection from the +remainder, he shall be deemed to be their agent. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1156 ) +(1) The wishes of the majority of the co- owners as to the management of the property shall +be binding upon them all, and a majority s hall be determined by the proportion of shares. +(2) If the co -owners do not agree, they may elect a manager and may lay down rules for the +management and enjoyment of the property which will apply to all of the co- owners and +their successors, whether gener al or special, and any of them may apply to the judge to take +such steps as are necessary for the preservation of the property, and to appoint a manager +over it. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1157 ) +(1) Co -owners who own at least three quarters of the co- owned property may decide, in +order to enhance the benefit of that property, to make basic changes and to alter the +purpose for which it was intended beyond the scope of ordinary management, provided that +they notify their decisions to the remainder of the co -owners by officia l notice, and any +person who objects shall have the right to make an application to the judge within two +months from the date of the notification. +(2) The judge may, upon application being made to him, and if he agrees with the decision +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 266 + of the majority, or der the taking of such measures as he thinks fit, and he may in particular +decide that the dissenting co- owner be given a guarantee securing payment of such +compensation as may be due to him. +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1158 ) +Any co -owner shall have the right to take steps t o preserve the co- owned property, even +without the agreement of the remainder of the co- owners. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1159 ) +The costs of management and preservation of the co- owned property, any taxes payable +thereon, and all other expenses arising out of the co- ownership or which are payable on the +property shall be borne by all of the co- owners in proportion to the shares of each. + +2- Termination of co -ownership +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1160 ) +Division shall be the separation and specification of a co -owned share, and may take place +by mutual agreement or by order of the court. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1161 ) +The property divided must be such as is capable of division, and owned by the co- owners +when the division takes place. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1162 ) +Without prejudice to the provisions of other laws, a ny person wishing to leave the +co-ownership may, if no agreement in that behalf has been made with the other co- owners, +make an application for judicial division. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1163 ) +In order for a division by consent to be valid, all of the participants mus t agree. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 267 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1164 ) +(1) In order for a judicial division to be valid, it must be made upon the application of one of +the owners of the co -owned shares. +(2) A judicial division may take place notwithstanding the objection of one of the co- owners. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1165 ) +The co- owned property must be capable of division in such a way that the division does not +destroy the benefit intended. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1166 ) +If a partition in kind is not possible or would cause damage or significant decrease in the +value of the property to be partitioned, any co- owner may sell his share to another co -owner +or request the judge to sell it in the manner set out in the law. +In case of failure to sell the share, such co -owner may request to sell the property as a whole +in the manner set out in the law and divide the proceeds among the co- owners on a pro- rata +basis. The judge may order to restrict the auction to co- owners first if so requested by any of +them. +In all cases, the request for sale shall not be accepted if it causes more damage to the other +co-owners and no new requests for sale shall be accepted from the same person before the +lapse of one year from the date of rejection of the previous request or the date on which the +damage is eliminated, whichever is sooner. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1167 ) +(1) The obligees of any co- owner may object to the division, whether by consent or by order +of the court, by giving notice to all of the co -owners if the division is to be by consent, or by +intervening in the court proceedings if it is to be by cour t order. +(2) The division shall not be effective as against the obligees if the co -owners have not +included them in all the proceedings. +(3) If the division has been effected an obligee who has not been joined may not challenge it +save in the event of frau d. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 268 + + + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1168 ) +If it should appear that there is a debt owed by a deceased after the division of his estate, the division shall be cancelled unless the heirs discharge the debt or they are released from it by +the obligees, or the deceased has left o ther undivided property and the obligation is +discharged out of it. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1169 ) +A co -owner participating in the division shall be regarded as the independent owner of the +share devolving on him after the division. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1170 ) +A division may not b e resiled from after has been perfected, save that it shall be permissible +for all of the co- owners to cancel and annul the division by consent and to restore the +divided property to co- ownership between them as before. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1171 ) +The provisions governing the options of conditionality, sight and defect shall apply in the division of heterogenous and homogenous non -fungibles, but in the case of fungibles, the +provisions of the option for defect shall apply to the exclusion of the options of conditional ­ +ity and of sight. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1172 ) +(1) Any person who has been the victim of gross cheating in division by consent may apply to the judge to cancel the division and to redivide the property equitably. +(2) In determining the degree of the cheating, the crit erion shall be the value of the divided +property at the time of the division. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 269 + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1173 ) +Claims for cancellation and redivision may not be heard unless they are brought within one +year from the date of the division. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1174 ) +A partition shall be void if there is a third party right over the whole or part of the co -owned +property divided, and in that event there shall be a re- division of the balance. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1175 ) +Division by a voluntary agent shall depend upon the confirmation of the co -own ers of the +property divided, whether by word or act. + +3- Division of benefits of co- ownership (joint use) +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1176 ) +Joint use is the division of the benefits, which may be divided according to time or place, and in the former case the co- owners shal l take turns in enjoying the whole of the co- owned +property for a period proportionate to the share of each of them, and in the latter case each of them shall enjoy a specified proportion of the co- owned property. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1177 ) +(1) If joint use is determined by time, the period must be specified, but it need not be specified in the case of use of a part. +(2) The co -owners shall agree upon the duration of the joint use, and if they do not agree the +court may specify such duration as it thinks fit in accor dance with the nature of the dispute +and the co -owned property, and it may also conduct a ballot to determine the +commencement of the joint use in time, and to determine that part of the property in the event of joint use of the part. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 270 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1178 ) +The provisions governing the division of joint use with regard to the effectiveness thereof +against third parties, the capacity of the participants, their rights and obligations, and means +of proof, shall be subject to the provisions of contracts of leasing if such provisions do not +conflict with the nature of such division. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1179 ) +(1) If the co -owners may, during the proceedings for final division, agree that the property of +which the use is co- owned be divided among them pending the final division. +(2) If the co- owners cannot agree on the division of use, the court may, upon the application +of any of the co -owners, make an order as to such division and may seek the assistance of +experts if appropriate. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1180 ) +(1) If one of the owners of co- owned property which is capable of being divided requires +that the property itself be divided up, and the other wishes to have shared use, the claim for division (of the property itself) shall prevail. +(2) If one of them requires that there should be shared use without any of them requiring +division (of the property itself) and the others object, there must be shared use. +(3) If one of the co- owners requires shared use of co- owned property which cannot be +divided up, and the other objects, then the request f or shared use shall prevail. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1181 ) +Shared use shall not become void upon the death of one of the owners of shares or upon the +death of them all, and the heirs of the deceased shall take his place. + +4- Mandatory co -ownership +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1182 ) +Subj ect to the provisions of Articles 1165 and 1166 of this Law, the co -owners of co- owned +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 271 + property may not require that it be divided up if it appears that the purpose for which such +property was intended is such that it must always remain under co- ownership. + +5- Family ownership +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1183 ) +Members of a single family all having a common business or interest may agree in writing to establish a family ownership, and such ownership may consist either of an estate which they +have inherited and which they have agreed to place in whole or in part in family ownership, +or of any other property known to them which they have agreed to bring into such ownership. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1184 ) +(1) It shall be permissible to agree to the establishment of family ownership for a peri od not +exceeding 15 years, but provided that each co- owner may apply to the court for leave to +withdraw his share from such ownership prior to the expiration of the period agreed upon, if there is strong justification for that course. +(2) If there is no fi xed period laid down for the said ownership, each co- owner may +withdraw his share therefrom after the expiration of six months from the day on which he gives notice to the other co- owners of his intention to withdraw his share. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1185 ) +(1) The co -owners may not require that the property be divided up so long as the family +ownership remains in existence, and no co- owner may dispose of his share to an outsider to +the family save by the unanimous consent of the other co -owners. +(2) If an outsider to t he family acquires the ownership of the share of one of the co- owners +with his consent or if that happens compulsorily, he shall not be a co -owner in the family +ownership save by his consent and the consent of the remainder of the co- owners. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 272 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1186) +(1) The owners of a majority of the shares in a family ownership may appoint one or more of +their number to manage the co -owned property, and the manager of the family -owned +property may effect changes in the use for which the co- owned property was int ended +whereby the means of enjoyment of such property are enhanced, in the absence of an +agreement to the contrary. +(2) The manager may be dismissed in the same manner in which he was appointed, and the +court may likewise dismiss him on the application of any co -owner if there is a strong reason +justifying such dismissal. +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1187 ) +With the exception of the foregoing rules, the rules relating to co- ownership, agency and +inheritances shall apply to family ownership. + +-6 Ownership of floors and apartm ents +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1188 ) +(1) If there are several owners of storeys in a building or of different apartments, they shall be deemed to be co- owners of the land and of the parts of the building intended for +common use by them all or any other part registered under such description for which, by the nature of the building, must be in common ownership, including in particular the following: +(a) foundations and structural walls; +(b) party walls, walls of entrances, and walls supporting the roof; +(c) ventilation ducts for amenities; +(d) roof supports, gangways, entrances, yards, ceilings, stairs and stairwells, corridors and passages, floor supports, lifts, and porters' rooms; and +(e) heating and cooling appliances and other pipes, nozzles, drains, and installations and +extensions used in common such as lighting and water appliances and appurtenances, and +all that forms part of the building save those parts inside any particular floor or apartment. +(2) All of the above shall apply in the absence of any contrary provisio n in the title deeds or +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 273 + the law. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1189 ) +The common parts of buildings provided for in the foregoing Article may not be divided up, +and the share of each owner in them shall be in proportion to his share in the building, and +no owner may dispose of his share independently from the other. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1190 ) +Party walls between two apartments shall be co -owned by the owners of such apartments if +they are not counted as a co- owned part (of the building as a whole). + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1191 ) +Each owner may enjoy the use of the common parts for the purpose for which they were +intended provided that such use does not interfere with the exercise by the remaining +co-owners of their rights. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1192 ) +Each owner shall share in the costs of preserving, maintaining and managing the common +parts, and his share of the costs shall be in proportion to the value of the property that he owns unless there is a contrary provision in the rules for the management of the building, +and any owner who causes an increase in the ex penses of the building shall be responsible +therefor. +An owner may not dispose of his share in the common parts in order to avoid paying his +share of the expenses. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1193 ) +No owner may make any alteration in the common parts without the consent of all of the +owners even when the building is being renewed unless the alteration he makes is such as +to increase the benefit of such parts and is not such as will alter its purpose or cause any +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 274 + prejudice to the other owners. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1194 ) +(1) The owner of a lower floor must carry out such works and repairs as are necessary to +prevent the collapse of the upper floor. +(2) If he fails to carry out such repairs, the court may, upon the application of an injured party order that the necessary repairs be carri ed out, and the injured party shall have a right +of recourse against the owner of a lower floor for any costs borne by him. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1195 ) +(1) If a building collapses, the owner of the lower floor must rebuild his lower floor as +before, and if he fails to do so and it is built by the owner of an upper floor with his consent +or by leave of the court, he shall have a right of recourse for the share of the owner of the lower floor in the expense. +(2) If the owner of a lower floor fails to repair it and it is repaired by the owner of an upper +floor without the leave of the court or the consent of the owner of the lower floor, he shall +have a right of recourse against the owner of the lower floor for his share of the value of the +building at the time of the repair. +(3) If the owner of an upper floor repairs a lower floor without reference of the owner of the +lower floor and without ascertaining that he is failing (to repair it himself), the owner of the +upper floor shall be deemed to have made a gift, and he sha ll have no right of recourse. +(4) The owner of an upper floor may, in the first two cases, prevent the owner of a lower floor from disposing of it or using it until he satisfies his right, and he may also let it by leave +of the court and recover what is du e to him out of the rent. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1196 ) +The owner of an upper floor may not increase the height of the building in such a way as to +cause prejudice to the owner of the lower floor. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 275 + 7- Associations of owners of storeys and apartments +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1197 ) +(1) Wherever there is co- ownership of real property divided into floors or flats, the owners +may form an association as between them for the management thereof, and to ensure +proper enjoyment thereof. +(2) The purpose of the formation of the association may b e to build on land or to purchase it +for the distribution of the ownership of the parts thereof among the members. +(3) The composition, regulations, management, powers and other associated matters of such +association shall be subject to the provisions of t he special laws made in that behalf. + +8- Party walls +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1198 ) +If a wall is co -owned by two or more persons, none of the co- owners may make any new +building on top of it without the consent of the others. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1199 ) +(1) A co -owner of a party wall may, if he has a serious interest in heightening it, heighten it at +his own expense on condition that he causes no substantial prejudice to the other co -owner, +and he must maintain the wall and make it fit to bear the load arising out of the heightening and must not adversely affect its fitness for that purpose. +(2) If the party wall is not sufficiently strong to withstand the heightening, the co -owner who +wishes to heighten it must rebuild the whole wall at his own sole expense, and any +necessary thick ening must be on his side of the wall so far as possible, and the rebuilt wall +shall, with the exception of the heightened part, remain in co- ownership without the +neighbor who carried out the heightening having any right to compensation. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1200 ) +A neighbor who has not shared in the costs of heightening may become a co -owner of the +heightened part if he pays one half of the costs and the value of one half of the land on +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 276 + which the extra thickness stands, if it has been thickened. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1201 ) +(1) The owner of a party wall may use it for the purpose for which it was intended and may +place beams on it to support the roof without subjecting the wall to an excess load. +(2) If a party wall is not fit for the purpose for which it is usually intended, the costs of repairing or renewing it shall be borne by the co- owners in proportion to the share of each +of them in it. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1202 ) +A wall which at the time it was built divides two buildings shall be deemed to be co- owned +up to the middle line in the absence of any contrary indication. + +Chapter Two: Means of acquisition of ownership +Part 1: Acquisition of ownerless (""permitted"") things +(1) Moveables +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1203 ) +Whoever takes possession of an ownerless moveable with the intention of becoming the own er, shall in fact become the owner thereof. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1204 ) +(1) A moveable shall become ownerless if the owner thereof abandons it with the intention of abandoning his ownership. +(2) Wild animals shall be deemed to be ownerless so long as they remain at l iberty, and +domesticated animals in the habit of returning to the place allocated for them but which then lose that habit shall become ownerless. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1205 ) +(1) Treasures found in land belonging to a particular person shall be owned by him, but he +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 277 + must give one fifth thereof to the state. +(2) Treasures found in land owned by the state shall be owned by the state in their entirety. +(3) In respect of land subject to a valid waqf, property discovered on it shall belong to the +waqf authority. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1206 ) +Minerals found in the ground shall belong to the state, notwithstanding that such minerals are on (privately) owned property. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1207 ) +Special laws shall b e passed governing treasures and minerals, and likewise rights of hunting +and fishing, lost property and antiquities. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1208 ) +Articles washed up by the sea which no owner comes forward to claim shall belong to the +person finding them and who has i nitially taken possession of them, and if they were +formerly owned by a Muslim or a dhimmi (a non -muslim lawfully resident in a muslim +jurisdiction), then one fifth of such property shall go to the treasury and the remainder shall +belong to the finder, and if the former owner was a Muslim or a dhimmi, ownership shall +revert to him if he is known, and if he is not known the provisions relating to lost property +shall apply. + +2- Immoveables +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1209 ) +(1) Uncultivated (and ownerless) land shall belong to the state. +(2) It shall not be permissible to acquire ownership or take possession of such land without +the permission of the state in accordance with the law. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 278 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1210 ) +Undeveloped land is land which is not allocated to any ownership or any partic ular use, but +it may become so allocated by being developed or becoming part of the precincts of a town, +well, tree or house. + + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1211 ) +(1) Whoever cultivates or develops undeveloped land with the consent of the appropriate authorities shall be the owner thereof. +(2) The competent authority may permit the development of land subject to a grant only of the right of use but not of ownership. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1212 ) +If a person develops part of the land he has been authorised to develop and leaves the rest, he shall be the owner of the developed part to the exclusion of the remainder unless the part +left is encircled by land which he has developed. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1213 ) +By the development of undeveloped land shall be meant the erection of buildings or +planting thereon, boring for water, or the like, and it shall, by the develop­ ment thereof, +become the property of the person who has developed it, and if th e work done is obliterated +thereafter and the land is developed by another person a substantial time after the +obliteration, the land shall become the property of the second person to develop it, and it +shall likewise become his property if he develops it prior to the expiration of a substantial +length of time after the obliteration, and the original developer remains silent without any +reasonable cause after he becomes aware (of the new development), and if he does not +remain silent or there is a reasonabl e cause for his remaining silent, the land shall remain his +property and the second developer shall be entitled to the value of his development which +remains in place if he was unaware of the original developer, but he shall be entitled to +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 279 + nothing if he had such knowledge. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1214 ) +The precincts of a town shall include the entrances and exits, places for gathering firewood, +and the pastures, and the precincts of a house shall consist of such part as the persons +resident there make use of, and a compound on which a house stands shall be used by the +residents of each house in such a way as not to prejudice the enjoyment of their neighbours. The precincts of a well is the area used by those who come to drink at it or draw +water from it, and shall include the area where the erection of any thing towards would disturb those who come to use it would affect the water. The precinct of a tree is such area +as is required to water it, and over which its roots and branches spread, and on which the erection of a ny thing would affect its growth. The people living in a town or a house, or the +owner of a well or a tree, shall be the owners of the precincts, and they may prevent other +people using it or erecting any thing on it. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1215 ) +(1) Whoever owns lan d by purchase, inheritance or gift from a person who has developed it, +in circumstances where the development has become obliterated, shall remain the owner +thereof notwithstanding the obliteration, and notwithstanding the passage of a long time +after the obliteration. +(2) If another person develops such land, he shall not by developing it become the owner thereof save by prescriptive rights of possession where the conditions necessary therefor are +satisfied. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1216 ) +(1) The fencing off of undeveloped land shall not be regarded as a development thereof. +(2) If any person does fence off undeveloped land, he shall be regarded as having a better +right to it for a period of three years, but if he does not develop it within that period it shall +be permis sible to give it to another person on condition that he does develop it. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 280 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1217 ) +If a person digs a well on undeveloped land with the consent of the appropriate authority, he +shall be the owner thereof. + + + + +Part 2: Guarantees +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1218 ) +Property guaranteed shall become owned by virtue of the guarantee, such ownership being +retrospective to the time at which the cause of ownership arose, provided that the subject +matter must have been capable of being owned at the commencement of such peri od. + +Part 3: Inheritance and liquidation of estates +1- General provisions +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1219 ) +(1) An heir shall acquire by way of inheritance land, chattels and rights vested in the estate. +(2) The definition of heirs and the determination of their shares in t he inheritance, as well as +the transfer of the estate, shall be subject to the provisions of the Islamic Shari'a and the laws passed giving effect thereto. + +2- The estate +a- General provisions +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1220 ) +(1) If the testor has not appointed an executor for his estate, any person concerned may +apply to the court for the appointment of an executor unanimously elected by all of the heirs from among their number, or a third party, and if the heirs are not unanimous in the election +of any person, the court shall make such election after hearing their representations. +(2) Regard shall be had to the application of special laws if the heirs include an unborn baby, +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 281 + a person of no capacity or defective capacity, or an absent person. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1221 ) +If the testor has appointed an executor for the estate, the court must, upon the application of +any of the persons concerned, confirm such appointment. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1222 ) +(1) A person appointed as the executor of an estat e may withdraw from his function in +accordance with the rules governing agency. +(2) The court may, upon the application of any party concerned or of the public prosecutor, +or without an application being made, dismiss an executor and appoint another person if it +is shown that such a course is justified. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1223 ) +(1) The court must make a note in a special register of orders made appointing executors of +an estate, or confirming them if they are appointed by the testator, or orders made in respect +of their dismissal or withdrawal. +(2) Such entries shall be effective in respect of third parties dealing with the heirs in +connection real property forming part of the estate. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1224 ) +(1) The executor of an estate shall take delivery of the property thereof after his +appointment, and he shall liquidate it under the supervision of the court. He may require to +be paid remuneration as assessed by the court. +(2) The estate shall bear the costs of the liquidation, and such costs shall have the same +priority status as judicial expenses. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 282 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1225 ) +The judge must where required take all necessary steps to preserve the estate, and he may +order that cash or financial securities and other valuables be deposited with the court within +the jurisdiction of which the assets of the estate are situated whether in whole or in part, until the liquidation is completed. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1226 ) +The executor of an estate must pay out of the assets of the estate: +(a) funeral costs; +(b) sufficient and reasonable costs out of such assets to a needy heir until the liquidation is completed, after obtaining the order of the court for such expenditure, and provided that the +expenditure shall be deducted from the portion due to each heir ou t of his share of the +estate; and +(c) the judge shall determine any dispute arising in this regard. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1227 ) +(1) The creditors may not, at the time of the appointment of the executor of an estate, take any proceeding against the estate, nor may they continue any proceeding already taken, +save against the executor of the estate. (2) All proceedings already commenced against the deceased shall be suspended until all of +the debts of the estate are settled, in the event that any party concerned so appli es. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1228 ) +No heir may prior to receiving a declaration of his share in the net estate dispose of the assets of the estate, nor may he demand any debts due to the estate or create a debt against +it by way of set -off for a debt owed by it. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1229 ) +(1) The executor of an estate must take all steps to preserve the assets thereof, and must +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 283 + manage the same, represent the estate in claims, and must get in the debts owed to it. +(2) The executor of an estate shall have the same liability as an ag ent for reward +notwithstanding that he may not in fact be working for remuneration, and the court may +require him to submit an account of his management at specified times. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1230 ) +(1) The executor of an estate must summon the creditors and debtor s thereof to submit +particulars of the debts due to or from them within a period of two months from the date of +publication of such summons. +(2) The summons must be posted on the notice board of the court within the jurisdiction of +which the last residence of the testator was situated, and the court in which the assets of the +estate are situated, whether in whole or in part, and it must also be published in one of the +daily newspapers. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1231 ) +(1) The executor of an estate must, within three months of the date of his appointment, deposit with the court ordering his appointment an inventory of the assets and liabilities of the estate, and an estimate of the value of such assets, and he must notify the persons +concerned of such deposit by registered letter. +(2) He may apply to the court to extend that time if such a course is justified. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1232 ) +The executor of an estate may, in assessing the value of the assets of the estate and making +an inventory thereof, use the services of an expert, and may provide proof of what is shown +by the papers of the testator and what comes to his knowledge in connection therewith, and the heirs must notify him of any debts owed by or rights due to the estate. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1233 ) +Any breach of trust on the part of any person who commits a fraud against the assets of the +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 284 + estate, notwithstanding that he may be an heir, shall be punishable by the penalties laid +down in the criminal law. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1234 ) +Any dispute as to the correctness of the inventory shall be raised before the court having jurisdiction within thirty days from the date on which the inventory was deposited with the +court. + + +b- Settlement of debts of the estate +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1235 ) +(1) After t he expiration of the time limit for hearing disputes as to the inventory, the +executor of the estate shall, after obtaining the leave of the court, pay the debts in respect of which there is no dispute. +(2) With regard to disputed debts, they shall be sett led after a final determination as to the +validity thereof. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1236 ) +The executor of an estate must, in the event that the estate is bankrupt or will probably be +bankrupt, suspend the settlement of any debt notwithstanding that it may not be disput ed +until a final determination is made on all of the disputes relating to the debts of the estate. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1237 ) +(1) The executor of an estate shall pay its debts out of the rights due to it which he receives, +and out of the cash and value of the moveables forming part of the estate, and if such value +is insufficient, then payment shall be made out of the real proper ty. +(2) Moveables and immoveables belonging to the estate shall be sold by auction in accordance with the procedures and times laid down for compulsory sales in the Code of +Procedures before the Civil Courts, unless the heirs decide upon another means, and if the +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 285 + estate is bankrupt, all of the creditors must agree to such other means agreed upon by the +heirs, and in all cases the heirs shall have a right to participate in the auction. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1238 ) +The court may, upon the application of all of the heirs, order that a debt secured on property +shall become immediately payable, and may determine the amount of the debt due to the +creditor. + + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1239 ) +Any heir may, after distribution of the deferred debts secured on property, pay the relevant +amount prior to the date of maturity. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1240 ) +Creditors who have not obtained their rights on the grounds that they have not been proved on the inventory, and who have no securities on the assets of the estate, shall have a right of +recourse against per sons who have acquired a right in rem in good faith over such assets, +and they shall also have a right of recourse against the heirs up to such part of the estate as +has devolved upon them. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1241 ) +The executor of an estate shall, after settling t he debts, give effect to the dispositions of the +testator and other encumbrances. + +c- Delivery and division of the assets of the estate +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1242 ) +After the obligations of the estate have been dealt with, the balance of the assets shall +devolve upon t he heirs, each in accordance with his lawful proportion. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 286 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1243 ) +(1) The executor of the estate shall deliver to the heirs such part of the assets as have +devolved upon them. +(2) The heirs may, immediately upon the expiration of the period laid down for disputes +relating to the inventory of the estate, demand that the property and money not requiring to +be liquidated, or part thereof, be delivered to them, by way of a provisional arrangement +against submission of a guarantee, or without a guarantee . + + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1244 ) +The court shall, upon the application of any of the heirs or persons concerned, issue a +certificate allocating the portions of the estate, and setting out the lawful proportion due to +each heir. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1245 ) +Each heir may require t he executor of the estate to deliver his portion of the inheritance to +him after dividing it from the rest unless such heir is bound to remain a co -owner by way of +agreement or by virtue of a provision in the law. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1246 ) +(1) If the application fo r division is accepted, the executor of the estate must make such +provision, but provided that such division shall not become final until all of the heirs have consented. +(2) The executor of the estate must, in the absence of a unanimous agreement as to the +division, make an application to the court to make such division in accordance with the +provisions of the law, and the costs of such application to divide shall be deducted from the +portions due to the heirs. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 287 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1247 ) +The provisions laid down in respect of the division of property shall apply to the division of +an estate, and the provisions of the following articles shall likewise apply thereto. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1248 ) +If the assets of the estate include property which is exploited agriculturally, industrially or +commercially, and is properly to be regarded as an independent economic unit, then, in the +event that the heirs do not agree that it should continue to be so us ed and there is no third +party right subsisting over such property, it must be allocated in whole to such of the heirs as +demanded if they are the persons most capable of dealing with it, on condition that the +value thereof is ascertained and deducted from the proportion of such heir in the estate, and +if all of the heirs are equally capable of managing it, it shall be allocated to such one of them +as gives the greatest value, but provided that it shall not be less than the fair value. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1249 ) +If upon the division of the estate one of the heirs has a debt against it, the remainder of the +heirs shall not guarantee that debt if he becomes bankrupt after the division, unless a +contrary agreement is made. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1250 ) +A testamentary disposition as to the division of the assets of the estate among the heirs shall be valid provided that it makes an appointment in favour of each heir or some of the heirs as +to his proportion, and if the value of any property appointed in favour of one of them exceeds hi s entitlement to the estate, such appointment shall be regarded as a special +testamentary disposition in his favour. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1251 ) +It shall be permissible to resile from a division deferred until after death, and such division shall become binding upon the death of the testator. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 288 + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1252 ) +If the division does not include the whole of the property of the testator at the time of his +death, the assets which are not included in the division shall become the co- owned property +of the heirs in accordance with the rules of succession. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1253 ) +If one or more of the probable heirs included in the division die before the death of the testator, the separate share falling to the lot of such deceased person shall devolve as +co-owned property upon the remainder of the heirs in accordance with the rules of +succession, without prejudice to the mandatory provisions of succession. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1254 ) +The rules governing division generally shall apply to divisions deferred until after the death, +with the exception of the rules relating to cheating. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1255 ) +If the property divided does not include the debts of the estate, or if it does include t hem, but +the creditors do not agree to such division, it shall be permissible for any heir, in the absence +of agreement with the creditors, to apply to the court for a division and for settlement of the +debts, provided that so far as is possible the divisi on provided for by the testator, and the +considerations upon which it is founded, shall be applied. + +3- Provisions relating to unliquidated estates +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1256 ) +If the estate has not been liquidated in accordance with the foregoing provisions, the +ordin ary creditors of the estate may enforce their rights or such as have been bequeathed to +them against the real property of the estate which has been disposed of, or over which third +property rights in rem have arisen if they have placed a restriction on it for their debts prior +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 289 + to the registration of the dispositions. + + +Part 4: Wills +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1257 ) +(1) A will is a disposition by a person over his estate, deferred until after his death. +(2) A legatee shall acquire ownership over the property bequeathed to hi m by virtue of the +will. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1258 ) +The provisions of the Islamic Shari'a and the legislative provisions deriving therefrom shall +apply to wills. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1259 ) +In the event of the denial of a claim under a will or an oral resilement therefrom afte r the +death of the testator, such claim shall not be heard unless there are official documents or +documents all written in the hand of the deceased, bearing his signature, and the same shall +apply if the will itself or the resilement therefrom contains a c ertification of the signature of +the testator. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1260 ) +(1) Any legal act done by a person in a terminal illness of which the intention is to make a +gift shall be regarded as a disposition to take effect after the death, and the provisions +governing wills shall apply thereto, by whatever name the act may have been called. +(2) The heirs of the disponor must prove by all means that the disposition was made by their +testator during the terminal illness. No deed of disposition may be relied on as against the +heirs unless the date thereof is officially proved. +(3) I f the heirs prove that the disposition was made by their legator during a terminal illness, +the disposition shall be deemed to have been made by way of gift unless the person to +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 290 + whom the disposition was made proves the contrary, or if there are special provisions to the +contrary. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1261 ) +If a person makes a disposition to one of his heirs but retains possession of the property +which he has disposed of and of his right to use it throughout his life, the disposition shall be +deemed to take effect aft er the death, and the provisions relating to wills shall apply thereto +unless there is evidence to the contrary. + +Part 5: Acquisition by accretion +1- Accretion to real property +a- Accretion by operation of nature +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1262 ) +Silt carried by (naturally) moving water to the land of any person shall be owned by him. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1263 ) +(1) The owner of soil which has become displaced through an act of God may make a claim +for it if it can be ascertained, and the owner of the land of greater value shall indemnify the +owner of the land of lesser value for the value thereof, and he shall become the owner of such soil. +(2) No such claim shall be heard after the expiration of one year from the occurrence of the +incident. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1264 ) +Islands, both large and small, which are naturally, formed in water courses, shall be deemed +to be part of the property of the state. + + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1265 ) +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 291 + Islands, both large and small, which are formed in lakes, and likewise the silt of lakes and of +the sea shall be deemed to be the property of the state. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1266 ) +Land rising over the sea, lakes, pools and ponds which have no owner shall be the property of the state. + +b- Accretion by act of persons +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1267 ) +Any building, plant or work standing upon land shall be deemed to have been put there by the owner of the land at his own expense and to belong to him, unless there is evidence to +the contr ary. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1268 ) +If an owner of land builds on his land with materials owned by a third party but without his consent, then, if the materials are still in existence and the owner demands their return, the +land owner must return them to him, but if they have been destroyed or wasted, he must +pay the value thereof to their owner, and in either event the owner of the land must pay compensation if appropriate. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1269 ) +If a person places a building, plant or other installation using materials he ha s, on land which +he knows belongs to another, without the consent of the owner thereof, the owner may require that what has been placed there be removed at the expense of the person who placed it there, and if the removal would damage the land, he may become the owner +thereof for the value which they would have had if removed. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1270 ) +If a person places a building, plant or other construction with materials of hi s on the land of +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 292 + another claiming a lawful cause, then, if the value of the things placed and still existing is +greater than the value of the land, the person who has placed them there may acquire +ownership of the land at a fair value, and if the value of the land is not less than the value of the things placed there, the owner of the land may acquire ownership thereof at their +existing value. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1271 ) +If a person erects installations with materials of his on the land of another with the consent +of the other, then, if there is no agreement between them as to what shall happen to the +installations, the owner of the land may not require that they be removed, and he must, if the owner of the installations does not require them to be removed, pay him the existing +value thereof. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1272 ) +If a person plants or makes another installation with materials owned by another on the +land of any person, the owner of the materials may not require them to be returned, but he +shall have a right of recourse for compensation against the person who placed them there, and likewise he shall have a right of recourse against the owner of the land for an amount +not exceeding the balance of the debt owing to the constructor out of the value of such +installations. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1273 ) +If one of the owners of shares builds for himself on co- owned property capable of being +divided up without the consent of the others, and the property is then divided up, then, if the +built -up part falls to his lot he shall be the owner of it, and if it falls to the lot of another he +may acquire the ownership thereof for the value which it would have if removed, or he may +require the builder to demolish it. + +2- Accretion to chattels +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 293 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1274 ) +If moveables accrue to different owners in such a way that they cannot be separated without +damage and there is no agreement between the owners, the court shall decide upon the +dispute in accordance with custom and the rules of equity, having regard to any damage which may occur the state of both parties , and the good faith of each of them. + +Part 6: Contract +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1275 ) +Ownership and other rights in rem over moveables and real property may be transferred by +contract if the elements and conditions thereof required by law are satisfied, but without +prejudice to the provisions of the following Articles. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1276 ) +Ownership of moveables not s pecified by type may only be transferred by specific +appropriation. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1277 ) +Ownership of real property or other rights in rem over real property may not be transferred +between the two contracting parties so as to be valid against a third party sav e by +registration in accordance with the special laws. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1278 ) +An undertaking to transfer ownership of real property shall be limited to an obligation to pay +compensation if the undertaker is in breach of his undertaking, whether the undertaking +contains a provision to pay compensation or not. + +Part 7: Pre-emption +1- General Provisions +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1279 ) +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 294 + Pre-emption is the entitlement of an owner of a share in co- owned property to take the +share of his fellow co -owner for the price negotiated in a financial commutative contract, or +for its value in a non- financial commutative contract for the equivalent of the customary +market price. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1280 ) +The following shall be deemed to be pre- emptors: - +(1) the overseer of a co -owned waqf in jointly owned real property if the donor has given +him the right to take the share of another co- owner by way of pre- empt ion for retention; or +(2) a person having a reversionary interest in a waqf after the expiration of the period +thereof or after the beneficiaries have ceased to have that status, if the waqf is co -owned +and part of jointly owned property and the co -owner s ells his share. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1281 ) +The following persons shall not have a right of pre- emption: +(1) the beneficiary of a waqf in respect of part of property co- owned by the donor and +another if the other co -owner sells his share notwithstanding that the beneficiary has given +as a waqf the share of the co -owner which he wishes to take by pre- emption, unless he is the +person having the reversionary interes t in the share endowed to him, in which case he shall +have a right of pre -emption over it and become the owner thereof; +(2) a neighbour in the event of the sale of adjoining land, notwithstanding that he may have a right of way over such land by way of lea se or easement; or +(3) the overseer of a waqf in co- owned real property, if a non -endowed part is sold, +notwithstanding that the overseer intends to make an endowment of the share which he +wishes to take by pre- emption, unless the donor has given him the right to acquire the +donated property by way of pre- emption for the waqf, in which case he may do so. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1282 ) +A co -owner shall have no right of pre- emption in the following cases: +(1) crops, whether sold separately or with the land, and in the event of a sale with the land +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 295 + the right of pre- emption shall attach to the land alone at the price agreed for it, and the crops +shall remain for the purchaser; +(2) a well in the event that the land it waters is divided with the well remaining in joint +ownersh ip, and if the land is not divided then there shall be a right of pre -emption over it +whether the co- owner sells his share thereof separately or together with his share in the +land; +(3) the precincts of a house or a passageway giving access to it, whether the co- owner sells +his share of the whole of it separately or together with his share in the house if the house is divided, and the precincts or the passageway shall remain jointly owned by the co- owners, +and if the house is not divided the right of pre- emption over the precincts and the passage +shall exist and be appurtenant to the house; and +(4) animals, unless they belong to jointly owned property for use to be made of them in tilling or irrigation or the like, and the co -owner sells his share in the pr operty and the +animals together, in which case the right of pre -emption shall exist and be appurtenant to +the property. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1283 ) +The pre -emptee is a person who owns the share of one of the co- owners by way of full +ownership supervening upon the own ership of the other co- owner by way of commutative +contract, whether for money consideration or not. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1284 ) +Property subject to pre- emption is real property capable of division disposed of by contract +by one of the co- owners notwithstanding that such contract was by way of exchange for +similar property, or if the real property is a building or tree owned by two co- owners on +waqf land, and if the land is not capable of division, then there shall be no right of +pre-emption over it. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1285 ) +(1) If one of the co- owners sells his share in co -owned real property and the others take that +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 296 + share by pre- emption, it shall be divided between them in accordance with the amount of +the portion of each and not on a per capita basis, and if the purchaser i s one of them, they +shall leave him his share of the pre -emption in it at the price for which he bought it, and they +shall not take the whole of the share from him. +(2) Shares shall be calculated as at the date of the arising of the right of pre -emption an d not +the date of sale. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1286 ) +(1) If there are several degrees of pre- emptors, the right of pre- emption shall belong to the +person participating with th e seller of the real property subject to pre- emption in the +distribution of an estate, and if his right thereto lapses it shall devolve on the heir who does +not participate in the distribution of the estate, and if his right lapses it shall devolve upon the legatee. In the event of the lapse of that last right, the right of pre -emption shall belong +to the co -owner who is a stranger (to the inheritance). +(2) Each one of such persons shall give way to the person below him in the chain of +pre-emption and not vice versa and the heirs of each one of them shall take his place in his +right to pre -emption, and in giving way to the person next below him in the chain of +pre-emption. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1287 ) +(1) If there are several sales of real property subject to a right of pre -emption, and the +pre-emptor is unaware of those several sales or if he knows of them but is absent, he shall +have the right to elect either to take by pre- emption at the price of the sale of any part or to +pay the price at which the purchaser in whos e possession the land was has taken it, +notwithstanding that it is less than the price at which he purchased it, and the purchaser +shall have a right of recourse for the excess against the seller, and if the pre -emptor knows of +the several sales and is pre sent, he shall take at the last sale price only. +(2) If a pre -emptor takes by sale, all subsequent rights shall be cancelled and all prior +dispositions shall be affirmed, and any person whose purchase has been annulled shall have +a right of recourse against the seller for the price which he has paid to him, and not for the +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 297 + value of the property. +(3) In all cases, if any defect appears in the land or if there is a third partyright thereover the +purchaser shall be liable for the price at which he accepted the sale. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1288 ) +A pre -emptor shall exercise the right of pre- emption for himself and not for a third party, and +if he does so for a third party in order to make a gift or a charitable donation to him, the +pre-emption shall be void and his right to take the property for himself thereafter shall lapse. + + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1289) +(1) The pre -emption shall become final after sale with the arising of the cause creating the +right of pre -emption. +(2) A gift with a stipulation for consideration shall be treated as a sale. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1290 ) +Real property subject to a right of pre- emption must belong to the pre- emptor at the time of +the sale of such property. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1291 ) +If there is an established right of pre -emption, it shall not lapse upon the death of the seller, +the purchaser or the pre- emptor. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1292 ) +There shall be no pre- emption in the following circumstances: +(a) property acquired by a gift with no consideration, charitable donation, inheritance, or by +testamentary disposition; and +(b) in respect of buildings and trees deliberately sold without the land upon which they +stand, or in respect of buildings or trees on land owned by the state. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 298 + + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1293 ) +The right of the pre- emptor to pre- emption shall lapse in the following circumstances: +(a) if the purchaser of the share of his co -owner makes a division or if he purchases the share +from him or takes a lease of it, notwithstanding that he did not know that such act would +cause the right of pre- emption to lapse; +(b) if he sells his share notwithstanding that he sold it in ignorance of the fact that his +co-owner had earlier sold his share; +(c) if he fails for tw o months without good reason to demand his share in the pre- emption, +being aware that buildings or plants have been placed upon the land by the purchaser; or +(d) if without good cause he fails to demand his right of pre- emption for a period of two +months from the time he learns of the sale by his co- owner of his share if he is present in the +country, and from the time he returns from abroad and learns of the sale by his co- owner if +he is abroad at the time of the sale, and if he denies his knowledge of the sale and the purchaser alleges that he was aware of it, his denial of knowledge shall be accepted on his +oath. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1294 ) +If the real property is subject to a right of pre- emption is sold in one deal, the pre- emptor +shall have the option either to take the whole of it or to leave it to the purchaser, but he may +not take part of it to the exclusion of another part save by the consent of the purchaser +whether the land sold was one share or several shares, and whether there was one +purchaser or seller, or several. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1295 ) +If any of the pre- emptors waives his right to take by pre- emption or if he is absent before +taking his right of pre -emption, the remainder or those of them who are present may take +the whole of the property su bject to pre- emption or may leave the whole of it, and they may +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 299 + not take part to the exclusion of another part save with the consent of the purchaser. +In the event that the person present elects to take the whole of the land subject to the right +of pre- emp tion, the provisions of the following Article shall be observed. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1296 ) +(1) If any of the pre -emptors is absent before exercising his right of pre -emption and those +who are present take the whole of the real property subject to that right, and th en one of +those absent arrives, he may take his share in the property from those who were present on the basis of such property being divisible into two parts only, and if a third pre- emptor +arrives, he may take his share on the basis that the property is divisible into three parts, and +if a fourth pre -emptor arrives he may take his share on the basis that the property is divisible +into four parts, and so on. (2) The liability for the price of what they have taken in the event of the existence of any +third party right or of a defect appearing shall be that of the purchaser notwith ­standing +that the seller has discharged him from the sale before he takes the property purchased from +him by way of pre- emption. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1297 ) +Claims for pre -emption shall not be heard: +(1) if the sale has taken place by public auction under procedures laid down by law; +(2) if the sale has been by ascendants and descendants, or between two spouses, or between +relatives up to the fourth degree, or between relatives by marriage up to the second degree; +(3) if the pre -emptor has waived his right expressly or by implication. + + + +2- Procedures for pre -emption +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1298 ) +(1) A claim for pre -emption must be brought within two months from the date on which the +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 300 + pre-emptor learned of the sale. +(2) In no case shall a claim for pre -emption be heard after the expiration of six months from +the date of registration. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1299 ) +(1) A claim for pre -emption against a purchaser shall be brought before the court within the +jurisdiction of which the property is situated. +(2) The court shall decide every dispute relating to the true price of the land subject to the +pre-emption, and i t may grant the pre- emptor a period of grace of one month to pay what is +due, failing which the right of pre- emption shall lapse. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1300 ) +(1) The purchaser may bring an action against the pre -emptor before the court for an order +either that he exercise the right of pre- emption or that such right should lapse, and if the +pre-emptor takes either of the aforesaid courses, he shall be bound by that course, and if he +does not make any election, the court shall terminate his right of pre- emption. +(2) If the pre -emptor applies for extra time to consider whether to exercise the right or allow +it to lapse, the purchaser shall not be obliged to agree to such application. +(3) A person who wishes to purchase may not make a claim against the pre- emptor either to +exercise or to waive his right prior to the purchase notwithstanding that he may have had +made such a request prior thereto, and the pre- emptor has forfeited his right of pre- emption, +and in that event such forfeiture shall not be binding upon him. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1301 ) +Without prejudice to the rules relating to registration, the title of the pre- emptor in the sale +shall be established by order of the court or by his taking delivery from the purchaser by +consent. + +3- Procedures for pre -emption +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 301 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1302 ) +The yield of real property exploited by a purchaser before it is taken from him by +pre-emption shall belong to him until the time it is taken, and if he has leased to a third party +before it is taken by pre- emption and the rent is payable by a lump- sum or monthly and the +lessee has paid the rent, the pre- emptor may not cancel the lease. The rent shall belong to +the purchaser if the balance of the period of the lease after the land is taken by pre -emption +does not exceed one year, and if the rent is payable monthly and the lessee has not paid the +rent or if the balance of the period is greater than one year, then the pre- emptor may cancel +the lease or affirm it, in which latter case the rent shall belong to him after the land is taken by pre- emption. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1303 ) +(1) The acquisition of land subject to pre- emption by order of the court or by mutual +consent shall be deemed to be a new sale giving rise to the options of inspection and defect in favour of the pre -emptor, notwithstanding that the purchaser may h ave waived the same. +(2) The pre -emptor shall not have the benefit of any delay in payment granted to the +purchaser save by the consent of the seller. +(3) If a third party right over the land arises after it is taken by pre -emption, the pre- emptor +shall have a right of recourse for the price against the person to whom he paid it, whether the seller or the buyer. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1304 ) +(1) If the purchaser adds to the property subject to pre- emption any of his own property, or +if he builds or plants trees on it before the claim of pre- emption is made, the pre- emptor may +elect either to abandon his right of pre- emption or to assume ownership of the property at +the price thereof plus the value of what has been added or the new building or plant. +(2) If the addition, building or planting has taken place after the claim has been made, the +pre-emptor may abandon his right of pre- emption or require the removal of what has been +added if appropriate, or may keep what has been added and pay the value of the added land, +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 302 + or the value that the things newly placed on it would have had if removed. +(3) If the land subject to a right of pre- emption has been diminished otherwise t han by the +act of the purchaser, or by his act but for the public benefit, the pre- emptor may take it at its +full price and shall have no claim in respect of the diminution, or he may leave it to the +purchaser, and if the land has diminished by his act otherwise than for the public benefit +then the price at which it is sold to the pre- emptor shall be reduced up to the amount of the +diminution. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1305 ) +The pre -emptor may set aside all dispositions made by the purchaser notwithstanding that +he may have endowed the pre- empted land as a waqf, or turned it into a place of worship. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1306 ) +No mortgage for security or any priority right created by or against the purchaser against the +land subject to pre- emption shall be valid as against the pre -emptor if such right arose after +the claim for pre- emption had been made, and the rights of the obligees shall remain as +against the proceeds of sale of the land. + +Part 8: Possession +1- General Provisions +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1307 ) +(1) Possession is actual control by a person through himself over a thing or a right which +may be dealt in. +(2) Possession by an intermediary shall be valid if the intermediary exercises it in the name of the possessor and if his relationship with the possessor binds him to comply with his directions in connection with such possession. +(3) A person not of the age of discretion shall acquire possession through the person representing him at law. +(4) Possession may not be based on an act done by a person on t he grounds only that it is +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 303 + permitted, or an act not objected to by a third party by way of toleration. + + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1308 ) +If possession is accompanied by duress or obtained secretly or by a trick, such possession +shall have no effect as against the person subjected to the duress, or from whom the +possession was concealed, or who was tricked, save from the time at which such defects ceased. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1309 ) +(1) Possession shall be deemed t o be continuous as from the time it becomes apparent by +the use of the thing and the right by way of normal and regular use. +(2) A person claiming to have acquired ownership by passage of time may rely on possession by a person under whom he has derived ti tle to land. +(3) No lessee, usufructuary, bailee, or borrower, or the heirs of such persons, may make a claim (to ownership) by reason of the passage of time. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1310 ) +Possession shall pass from the possessor to a third party if they both agree thereto, and if it is +possible for the person to whom possession had passed to exercise control over the thing or +the right the subject of the possession, notwithstanding that it has not been del ivered to +him. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1311 ) +(1) If several persons dispute the possession of a thing or right; the possession shall be +provisionally deemed to be that of the person having physical possession unless it is proved +that he has obtained such possession in a manner tainted by a defect. +(2) The possession shall retain the same status as it started with when obtained, unless there +is evidence to the contrary. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 304 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1312 ) +A person in possession of a thing shall be deemed to be acting in good faith if he is ignorant +that he is infringing the rights of another person, and good faith shall be presumed unless +there is evidence to the contrary. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1313 ) +(1) Good faith sh all continue to be presumed in favour of the possessor save from the time +at which he becomes aware that his possession amounts to an infringement of a third party's right. +(2) Likewise, the quality of good faith shall cease as from the time the possessor is notified of the defects in his possession in a statement of claim. +(3) A person who has improperly acquired possession by duress from a third party shall be +deemed to be acting in bad faith. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1314 ) +Possession shall cease if the possessor aband ons his actual control over the thing or right, or +if he loses it by any other means. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1315 ) +(1) Possession shall not cease by virtue of a temporary obstacle interfering with the exercise +of actual control over the thing or right. +(2) No claim in respect thereof shall be heard if such obstacle continues for a whole year and +arises out of a new possession taking place either against the will or without the knowledge +of the possessor. +(3) The year shall be calculated from the time at which the new possession commenced if +such time is evident, and from the time the first possessor became aware of it if it +commenced secretly. If there is any fundamental obstacle to bringing a claim, the year shall +be calculated as from the time when it could have been brought. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 305 + " +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1316 ) +If a possessor brings a claim for delivery up and recovery of his possession, he may apply for +an order restraining the defendant from placing any buildings or planting any trees on the +disputed land so long as the claim continue s, provided that he submits sufficient security +against any damage the defendant may suffer if it appears that the claimant was unjustified +in bringing his claim. + +2- Effects of possession +a- Passage of time in prescription +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1317 ) +Whoever is in possession of chattels or unregistered land as owner thereof or who possesses a right in rem over moveables or an unregistered right in rem over real property shall, if his +possession has continued uninterrupted for 15 years, be free of any c laims, if he denies the +same, for ownership or claims for a right in rem from any person not having a lawful excuse +(for having delayed bringing such claim). + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1318 ) +(1) If possession arises over land or an unregistered right in rem over land, then, if the +possession is accompanied by good faith and is at the same time based on a valid cause, the +period of prescription for bringing claims shall be seven years. +(2) A valid cause is a document or event proving possession of real pr operty, and the +following shall be deemed to be valid causes: +(a) transfer of property by inheritance or testamentary disposition; +(b) gifts inter vivos with or without consideration; or +(c) sale and barter. + + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1319 ) +(1) No claims for the principa l property of a waqf or for property inherited shall be heard if +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 306 + they could have been brought and for the failure to bring which there is no lawful excuse, +against a person in possession of real property who has treated it as an owner without +dispute or in terruption for a period of thirty three years. +(2) Ownership may not be acquired of moveables or real property owned by the state or +public bodies of the state, nor against moveables or real property owned by charitable +endowments, nor may any right in rem over such property be acquired by prescription. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1320 ) +(1) No claim for absolute ownership or claim for an inheritance or for a waqf bestowed on +progeny shall be heard against a person in possession of real property if such property has +been in the possession of him and the person from whom he acquired it by sale, gift, +testamentary disposition or otherwise for the period laid down for the prescription of claims. +(2) If possession exists and it is proved that it existed at a previous time, that f act shall be +evidence that it continued between those two times unless there is proof to the contrary. + + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1321 ) +No person may rely on the passage of time as a bar to a claim for absolute ownership being brought if the cause by which he is in posse ssion of the land is not a cause conferring +ownership, nor may he by his own act alter the cause of his possession nor the original act on which it is founded. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1322 ) +Passage of time barring proceedings for ownership shall not apply if the person having the +right and the right to claim has a lawful excuse for not having done so. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1323 ) +The passage of time shall not be interrupted if possession of real property ceases, in the +event that the owner recovers it or makes a claim for the recovery thereof within one year. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 307 + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1324 ) +Subject to the foregoing provisions the rules for the pr escription of claims by passage of time +relating to rights of possession shall apply in the calculation, cessation or interruption of and +reliance on such time limit before the courts, waiver thereof, and agreement to vary the time, +to such extent as these rules do not conflict with possession. + +b- Possession of moveables +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1325 ) +(1) No claim of ownership shall be heard against a person in possession of a moveable or a right in rem over a moveable or a bearer bill if his possession is based on a val id cause and +he is acting in good faith. +(2) Possession shall of itself be indicative evidence of ownership unless the contrary is +proved. + + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1326 ) +(1) By way of exception to the provisions of the foregoing Article, the owner of a moveable +or a bearer bill may, if he has lost it, or it has been stolen or misappropriated from him, +recover it from the person in possession of it in good faith within a period of three years +from the date of the loss, theft or misappropriation, and the provisions relating to +misappropriated moveables shall apply to the recovery. +(2) If the person in possession of the stolen, lost or misappropriated thing has bought it in good faith in the market, by public auction, or by a person trading in similar things, he may +require the person recovering that thing from him to pay the price which he has paid. + +c- Acquisition of fruits by possession +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1327 ) +A person in posses sion in good faith shall be the owner of the fruits and benefits arising +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 308 + during the period of his possession. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1328 ) +(1) A person in possession in bad faith shall be liable in respect of all of the fruits which he +has received or failed to receiv e from the time at which he began to act in bad faith. +(2) He may recover what he has spent in producing such fruits. + +d-Recovery of expenses +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1329 ) +(1) An owner to whom his ownership is restored must pay to the person formerly in +possession all o f the necessary expenses which he has incurred in preserving the property +from destruction. +(2) With regard to (unnecessary but) beneficial expenses, the provisions of Article 1270 and +1272 of this Law shall apply. +(3) The owner shall not be bound to reimburse expenses of a luxurious character, and the +possessor may remove what he has installed by reason of such expenses provided that he +restores the thing to its original condition, and the owner may retain such thing for the value +it would have had if removed. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1330 ) +If a person acquires possession from an owner or a previous possessor and it is proved that he has reimbursed to his predecessor the expenses incurred by him, he may make a claim +therefor from his predecessor or the person recovering possession. + + +e- Liability for destruction +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1331 ) +(1) If a person in possession in good faith enjoys the thing in the belief that it is his right to +do so, he shall not be liable towards another person having a right to the thing in respect of +such enjoyment. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 309 + (2) A person in possession in good faith shall not be liable for any destruction or damage +sustained by the thing save to the extent of any compensation he may have recovered or +security obtained in respect of such destruction or damage. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1332 ) +If a person is in possession in bad faith, he shall be liable for the destruction or loss of a thing notwithstanding that the same may have occurred through no fault of his. + +Section 2 : Rights deriving from ownership +Chapter One : Rights of u sufruct, use, habitation, flat space, and decision +Part 1: Rights of enjoyment +(1) General Provisions +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1333 ) +Usufruct is a right in rem for the beneficiary to use and exploit a property belonging to oth- +ers as long as it remains as it is. +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1334 ) +He acquires the right to benefit from a legal action, by pre- emption, by inheritance, or by the +passage of time. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1335 ) +Provisions relating t o the usufruct of state -owned lands are regulated by special law. + +2- Effects of a right of enjoyment +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1336 ) +The rights and obligations of the beneficiary shall take into account the instrument that created the usufruct right, as well as the provisions stipulated in the following articles. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 310 + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1337 ) +The fruits of the thing benefited from are the right of the beneficiary for the duration of its +benefit. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1338 ) +(1) The usufructuary may deal with the property enjoyed in the usual manner if the +document giving rise to the usufruct imposes no rest riction. +(2) If is subject to a restriction, the usufructuary may exercise the enjoyment by use of his +own property, or similar property, or without it. +(3) The owner of the reversion may object to any unlawful use or any use inconsistent with the nature o f the thing enjoyed, and may apply to the court to terminate the right of usufruct +and to return the property to him, without prejudice to third party rights. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1339 ) +(1) The usufructuary shall, during the period of his enjoyment, be responsible f or the usual +expenses required for the preservation of the property enjoyed, and for the maintenance thereof. +(2) With regard to unusual expenses and major repairs other than those necessitated by the +act of the usufructuary, they shall be borne by the owner, unless there is an agreement to the +contrary. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1340 ) +(1) The usufructuary must exercise the care of the reasonable man in preserving the usufruct. +(2) If the property is damaged or destroyed without any wrongful act or default on the part +of the usufructuary, he shall not be liable therefor. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1341 ) +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 311 + The usufructuary shall be liable for the value of the thing enjoyed if it is damaged or +destroyed after the termination of the period of the usufruct in the event that he does not +return i t to the owner in circumstances where he could have done so, notwithstanding that +he did not use the property after the termination of the period and notwithstanding that the +owner may not have claimed it back. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1342 ) +(1) The usufructuary must no tify the owner: +(a) if a third party claims a right over the property enjoyed, or if it is misappropriated; +(b) if the property is destroyed or damaged or requires major repairs of a kind for which the owner is responsible; and +(c) if it is necessary to ta ke steps to avert a danger which had been hidden. +(2) If the usufructuary does not give such notice, then he shall be liable for any damage +sustained by the owner. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1343 ) +(1)The beneficiary has the right to consume the movables that he benefits from, which +cannot be used except by consuming them in kind. He must return the same or their value +after the expiration of his right to benefit from them, and he must guarantee them if they +perish before benefiting from them, even without his transgression because it is a loan. +(2) If the beneficiary of the aforementioned movables dies before returning them to their owner, he must guarantee the same or their value in his estate. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1344 ) +The usufruct right expires: +(1) Upon the expiry of fifty years, unless the document establishing it stipulates another +period. +(2) Destruction of the property used. +(3) By waiver of the beneficiary. +(4) By terminating it by court ruling for misus e. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 312 + (5) By uniting the roles of owner and beneficiary, unless the owner has an interest in its +survival, such as if the property was mortgaged. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1345 ) +If the specified period for usufruct has expired and the usufructed land is occupied with crops, the land is left to the beneficiary for a similar fee until he cultivates the crops and +reaps, unless the law stipulates otherwise. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1346) +(1) If the usufruct right ends with the destruction of the thing and payment of compensation +or insurance, the beneficiary’s right is transferred to the compensation or insurance amount. +(2) If the loss is not due to the owner’s fault, he is not obliged to ret urn the thing to its +original state, but if he returns it, the usufruct right is restored to the beneficiary if the loss +was not due to it, unless otherwise agreed upon. + + + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1347 ) +The beneficiary’s waiver of the usufruct right does not a ffect his obligations to the owner of +the beneficial property nor the rights of third parties. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1348 ) +A claim for a usufruct right shall not be heard by the passage of time if fifteen years have +elapsed since it has not been used. + +Part 2: Rights of use of residence +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1349 ) +It is permissible for the benefit to be based on the right of use, the right of residence, or both. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 313 + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1350 ) +The extent of the right of use and the right of residence is determined solely by the needs of +the right holder and his family, taking into account the provisions of the document estab- +lishing the right. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1351 ) +It is not permissible to assign the right of use or the right of residence to others except based on an explicit condition in the document establishing the right or of extreme necessity. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1352 ) +The provisions of the usufruct right apply to the right of use and the right of residence inso-far as they do not conflict with the previous provisions and the nature of these two right s. + +Part 3: Rights of musataha (user of the land of another) +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1353 ) +The musataha right is a real right that gives its owner the right to erect a building or plants on someone else’s land. +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1354 ) +(1) A right of musataha may be acquired by a greement or by the passage of time. +(2) It may be transferred by inheritance or testamentary disposition. +(3) The document creating the right shall govern the rights and obligations of the person +having the right. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1355 ) +(1) It shall be permissible to assign or pledge a right of musataha. +(2) It shall also be permissible to create rights of easement thereover provided that they do +not conflict with the nature thereof. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 314 + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1356 ) +(1) The period of a right of musataha may not exceed fifty years. +(2) If no period is specified, either the owner of the right or the owner of the reversion may +terminate the contract by giving two years' notice in that behalf to the other. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1357 ) +The owner of the r ight of musataha shall be the owner of any buildings or plants which he +has placed upon the land, and he may dispose of them along with the right of musataha. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1358 ) +A right of musataha shall cease: +(1) upon the expiration of the period; +(2) if a n event occurs whereby the owner of the property and the owner of the right become +the same person; or +(3) if the owner of the right fails to pay the agreed consideration for a period of two years, +unless an agreement to the contrary has been made. + + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1359 ) +A right of musataha shall not cease by virtue of the removal of the buildings or plants prior +to the expiration of the period. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1360 ) +Upon the termination of a right of musataha, the provisions of Article 785 of this Law shall apply to the buildings and plants, unless an agreement to the contrary has been made. + +Chapter Two : Waqfs (Charitable trusts) +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1361 ) +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 315 + The provisions laid down in a special law shall apply to waqfs. + +Chapter Three : Rights of easement +Part 1: Creation of rights of easement +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1362 ) +(1) An easement is a right restricting the enjoyment of real property in favour of other real +property owned by another person. +(2) Rights of easement may exist over public property if they are not inconsisten t with the +use for which such property is intended. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1363 ) +(1) Rights of easement may be acquired by consent or by legal disposition or by inheritance. +(2) Openly enjoyed rights of easement may likewise be acquired by passage of time, +including rights of way, and canal rights and rights of passage of water, unless it is +established that the right is unlawful, in which case the damage must be made good, for however long it has existed. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1364 ) +Any person who has given permission for the en joyment of a right of easement over real +property owned by him may withdraw that permission whenever he wishes. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1365 ) +(1) Restrictions imposed upon the right of an owner of real property to build shall be +regarded as rights of easement against s uch property in favour of other real property for the +benefit of which such rights exist, unless a contrary agreement has been made. +(2) Any transgression of those rights shall give rise to a claim that they be made good by specific performance or by compensation if such a course is shown to be appropriate. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1366 ) +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 316 + If the owner of two separate properties creates an open and evident easement between +them, the right of easement shall remain if either or both of the two properties are +transferred to other owners without any alteration in their condition, unless an agreement to the contrary is made. + +Part 2: Scope of rights of easement +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1367 ) +The extent of rights of easement shall be defined in the document whereby they are created and by the custom prevailing in the place where the property concerned is, and it shall +likewise be subject to the following provisions. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1368 ) +The owner of the dominant property may exercise his rights within lawful limits, and must +do what is necessary for the use and maintenance of his right, without increasing the degree of burden of the easement, and he may use that right in such a manner as to cause no more +than minimal damage. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1369 ) +(1) The cost of works necessary for the enjoyment for a right of easement and the +maintenance thereof shall be borne by the owner of the dominant property. +(2) If the works also benefit the servient property, the costs of maintenance shall be borne by +both parties in proportion to the benefit derived therefrom by each of them. +(3) If the owner of the servient property is the person having the obligation to carry out +those works at his expense, he shall always have the right to discharge himself of such +obligation by abandoning the servient property either in whole or in part to the owner of the dominant property. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1370 ) +The owner of the servient property may not do any act such as to affect the use of the right +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 317 + of easement nor may he alter its character unless the right of easement existing over an old +place has become more onerous for the owner of the servient property, or if he is prevented +from carrying out useful repairs, and in that event the owner of such property may require +that the right be transferred to a different place in which it may be enjoyed as easily as in the +previous place. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1371 ) +(1) If the dominant property is divided up, the right of easement shall remain in existence in +favour of each part of it, provided that that does not increase the burden to the servient +property. +(2) If the right benefits only some of such parts, the owner of the servient property may +require that it be terminated in respect of the other parts. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1372 ) +(1) If the servient property is divided up, the right of easement shall remain in existence over each part of it. +(2) However, if the right is not in fact used over some of such parts and it is not possible to use it over those parts, the owner of each part thereof may require that the right be terminated in respect of his part. + +Part 3: Termination of rights of easement +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1373 ) +A right of easement shall terminate upon the expiration of the period laid down therefor, or +by virtue of the subject matter of it ceasing to exist. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1374 ) +A right of easement shall terminate if the dominant and servient properties come into one +ownership, and shall arise again if the reason for the termination, attributable to a past +event, ceases to exist. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 318 + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1375 ) +A right of easement shall terminate if it is impossible to exercise it by reason of a change in +the condition of the servient and dominant properties, and shall arise again if the condition +reverts to what it was previously. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1376 ) +A right of easement shall terminate if the owner of it annuls his use of it, and notifies the owner of the dominant property that he has wit hdrawn from the use of such right. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1377 ) +A right of easement shall terminate if the purpose for which it existed in favour of the +dominant land ceases, or if only a limited benefit remains which is incommensurate with the +burdens imposed upon th e servient property. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1378 ) +(1) No claim for a right of easement will be heard if fifteen years elapse without the right being exercised. +(2) If there are a number of co- owners of the dominant property, use of the easement made +by any one of them shall interrupt the period of prescription for the benefit of the remainder +of them, and if the period of prescription stops in favour of one of the co- owners, it shall +likewise stop for the benefit of the others. + +Part 4: Certain types of easement +1- Rights of way +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1379 ) +If a right of way is established in favour of any person over land owned by another, the +owner of that land may not prevent him from using it unless his passing over the land is an +act performed by consent. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 319 + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1380 ) +The o wner of land not connected to a public highway, or land which could only be joined to +a public highway at exorbitant or oppressive expense, shall have a right of way over +neighbouring land to the customary extent in respect of payment of reasonable +consideration, and such right may only be exercised over such part of the neighbouring land +as causes the least amount of damage, and over such part as will achieve the necessary purpose. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1381 ) +If connection with a public highway is prevented by reason of the dividing up of the land by +a legal disposition, a right of way may only be required over parts of that land. + +2- Right to draw water +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1382 ) +The right to draw water is the taking of turns to have the use of water for the irrigation o f +land or crops. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1383 ) +Each person may have the use of the water sources, courses and canals which are for the +public benefit, in accordance with the provisions laid down by special laws and regulations. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1384 ) +(1) If a person makes a stream or water course for the irrigation of his land, no other person +shall have the right to use it save by his consent. +(2) Nevertheless it shall be permissible for neighbouring owners to use a stream or water +course as required for the irrigation of th eir land after the owner has satisfied his need +therefrom, and the neighbouring owners must, in that event, share in the costs of making +and maintaining the stream or water course in proportion to the area of their land in respect +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 320 + of which they benefit fro m it. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1385 ) +No co- owner of a source of water or of a co- owned stream may create another channel from +it save by the consent of the other co- owners. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1386 ) +If the owners of the right to draw water do not agree to carry out necessary repairs to the +source of the water or tributaries or a co- owned stream, it shall be permissible to compel +them to do so in proportion to the shares of each of them upon the application of any of them. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1387 ) +The right to draw water may be inherited, and the benefit thereof disposed of by +testamentary disposition, but may not be sold save with the land, nor may it be given by gift, +or leased. + +3- Rights of passage of water +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1388 ) +(1) A right of passage of water is the right of a land owner to have water for irrigation flow over the land of another in order to reach his land from a source remote from it. +(2) If such right is established in favour of any person, the owners of land ov er which the +water flows may not block its passage. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1389 ) +If a right of passage of water is established in favour of any person over the property of another and it causes damage to him, the owner of the right of passage must rep air it to +remove the damage, and if he fails to do so the owner of the other land may do so at the +expense of the owner of the right of passage, up to the customary limit. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 321 + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1390 ) +(1) Any owner of land wishing to irrigate his land from either natural or artificial sources +which he has a right to use may create a passage of water over the land situated between his land and such sources provided that he pays immediate compensation therefor and on +condition that such act does not substantially interfe re with the enjoyment of the +intermediate property by the owner thereof, and if the land does sustain damage as a result +thereof, the owner of the land may require compensation for such damage as he has +sustained. +(2) The owner of land must grant permissio n for the placing of the installations necessary for +the right of passage of water to neighbouring land in consideration of compensation to be +paid in advance, and he may have the use of such installations provided that he bears the costs of their erection and the use he makes of them in a proportion commensurate with the +benefit he derives therefrom. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1391 ) +If an owner of land suffers damage by reason of the installations referred to in the foregoing paragraph, he may require the persons having the benefit thereof to make good the damage caused. + +4- The right to free flow +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1392 ) +Free flow is the flowing or drainage of water which is either unusable or exceeds the +requirement of the land of another over which it flows. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1393 ) +(1) Low ground is subject to an accumulation of water naturally flowing from high ground +without any human intervention in the flow. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 322 + (2) The owner of the lower ground may not make a dam preventing such flow. +(3) Likewise, the owner of the higher ground may n ot do anything which increases the +burden on the lower ground. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1394 ) +An owner of agricultural land shall have the right to draw off unusable water or water which +is in excess of the requirements of the land over which it flows, in consideration of +appropriate compensation. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1395 ) +The owners of land over which water flows naturally may make use of installations for the +drawing off of such water provided that each of them bears the cost of erecting, modifying +and maintaining such installations in proportion to the benefit derived therefrom by each of +them. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1396 ) +No person may create a harmful flow of water on to land owned by another or on to a public +or private road, and the dama ge shall be made good notwithstanding that it may have been +continuing for a long time. + + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1397 ) +Owners of new installations may not divert the flow of water produced thereby on to the +land of another without his consent, unless they have a right to do so. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1398 ) +(1) An owner of land may modify the surface thereof in such a way that rain water flows on +chis land or on to a public highway, subject to the special laws and regulations. +(2) It shall not be permissible for him to create a flow of water on to neighbouring land, +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 323 + unless he has an old established right to do so. + +Book Four: Securities Over Property +Section 1: Pledge (or mortgage) by way of security +Chapter One: Definition and creation of a pledge by way of security +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1399 ) +A pledge by way of security is a contract whereby an obligee acquires, over real property +allocated for the satisfaction of his debt, a right in rem whereby he shall take precedence +over ordinary obligees and obligees subsequent in rank to him in the satis faction of his right +out of the proceeds of such land, in the possession of whomsoever it may be. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1400 ) +A pledge by way of security may only be made by registration thereof, and the pledgor shall +be bound to pay the costs of the contract unless a contrary agreement is made. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1401 ) +(1) The pledgor must be the owner of the land pledged, and capable of making dispositi ons +thereover. +(2) It shall be permissible for a pledgor to be the debtor guarantor of a specific right +providing a pledge in favour of the obligor. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1402 ) +It shall not be permissible to pledge the property of a third party save with the consent of the +true owner by a notarised instrument. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1403 ) +(1) It shall be permissible for a father to pledge his property to his minor child, and in the event that there is no father, the true grandfather may pledge his property held by such +minor. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 324 + (2) If the father is owed a debt by his minor son, he may take a pledge of the property of his +child for himself. +(3) The father or true grandfather may pledge the property of a minor for a debt owed by the +minor himself. +(4) He may also pledge the property of one of his minor children for another minor son of +his for a debt owed to him by such other. +(5) Neither the father nor the true grandfather may pledge property of the minor child for a debt owed to a person who is a stranger to the father or grandfather . +(6) The consent of the court must be obtained in the circumstances referred to in paragraphs +2, 3 and 4. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1404 ) +(1) It shall be permissible for a guardian with the consent of the court to pledge property of a +minor or a person under a restricti on to a stranger for a debt owed to him by either of them. +(2) It shall not be permissible for him to pledge his property held by a minor or person under +a restriction, nor to take a pledge of the property of either of such persons for himself. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1405 ) +The real property pledged by way of security pledge must be present and in existence when +the pledge is made. + + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1406 ) +(1) It shall not be permissible for there to be a security pledge save over real property which +may be dealt in and sold by public auction or a right in rem over real property. +(2) It shall be permissible for the court to set aside a contract of pledge by way of security if the land pledged has not been sufficiently described. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1407 ) +A pledge by way of security shal l include the appurtenances of the land by way of buildings, +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 325 + growing things, and things which have become part of the land of affixation, and any new +buildings erected on the land after the contract was made. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1408) +(1) A co -owner of co- owned pro perty may pledge his share, and the pledge shall be +transferred, after division, to the separate share falling to his portion, having regard to the +registration thereof with the land registry. +(2) Sums owing to him out of the shares or the proceeds of sale of the land shall be +appropriated towards satisfaction of the debt for which the pledge was made. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1409 ) +The consideration for a pledge way of security must be an ascertained debt owed or promised, specified at the time of the pledge, or specifi c property which is guaranteed. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1410 ) +A pledge by way of security shall be indivisible, and each part of the real property pledged shall stand as security for the whole of the debt and each part of the debt secured by the real +property pledged. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1411 ) +The provisions relating to pledges by way of security shall apply to moveable property which the special laws provide must be registered. + +Chapter Two: Effects of a pledge by way of security +Part 1: Effect of the pledge as between the con tracting parties +1- In relation to the pledgor +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1412 ) +A pledgor may dispose of his real property which is pledged by way of security without the same affecting the rights of the pledgee. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 326 + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1413 ) +(1) The pledgor shall have the right to mana ge the property pledged and to obtain the yield +thereof up to the date on which he is compulsorily divested of ownership upon his failure to +pay the debt. +(2) The yield of the real property pledged shall attach to such property as from the date of divestin g of ownership. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1414 ) +The pledgor shall be the guarantor of the property pledged and he shall be liable in full for its safety until the date the debt is paid. The pledgee may make objection to any shortfall in +his security and may take such ste ps as will preserve his right, and shall have recourse +against the pledgor for the costs of so doing. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1415 ) +(1) If the property pledged is destroyed or damaged through the default of the pledgor, the pledgee shall have the right to require that his debt be paid immediately or that sufficient +security for his debt be provided. +(2) If the loss or damage occurs through a cause with which the pledgor had nothing to do, he may elect between providing sufficient security for the debt or discharging th e debt prior +to the maturity date thereof. +(3) If acts take place which are such as to expose the property pledged to destruction or +damage or which may render the property insufficient as a security, then the pledgee may +apply to the court for an order th at such acts cease and that steps be taken to prevent any +damage occurring. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1416 ) +A pledge by way of security shall, upon the destruction of or occurrence of damage to the land, be transferred to the property which takes its place by way of compensation or +insurance monies or consideration for expropriation for the public benefit, and the pledgee +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 327 + may satisfy his right out of such property in accordance with the rank which he holds. + +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1417 ) +If the pledgor is a guarantor in rem, it shall not be permissible to recover the debt otherwise +than that of the property pledged, and he may not exercise a recourse against the debtor +prior to execution against his property. + +2- In relation to the obligee- pledgee +" +justice and juiciary,Federal Decree Law No. (5) of 1985 Concerning the Issuance of the Civil Transactions Law of the United Arab Emirates,"Article (1418 ) +A pledgee of a pledge b y way of security may assign his right to another person provided +that the debtor consents, and the deed of assignment shall be registered with the land +registry. + +Article (141 9) +(1) A pledgee may satisfy his debt out of the land pledged upon the debt fall ing due in +accordance with the rank which he holds after taking the steps laid down in the law of +procedures before the civil courts, and special laws. +(2) If the land is insufficient to satisfy his debt, he may have recourse for the balance of his +debt against the assets of the debtor as an ordinary creditor. + +Article (1420 ) +(1) If it is a condition of the contract of pledge by way of security that the ownership of the +property pledged be vested in the pledgee in consideration for his debt in the event th at the +pledgor does not pay at the specified time, or if there is a condition that it be sold regardless +of the legal procedures, the pledge shall be valid but the condition shall be void. +(2) The condition shall also be void notwithstanding that it may ha ve been made by +subsequent agreement. + +Article (1421 ) +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 328 + (1) A lease already granted by the pledgor shall be of no effect as against the pledgee unless +it is proved that it antedated the pledge. +(2) A lease granted commencing after the expiration of a lease already granted shall be of +absolutely no effect as against the pledgee unless it is recorded in the contract of pledge. + +Part 2: Effects of a pledge by way of security in relation to the non- contracting parties +1- General Provisions +Article (1422) +A ple dge by way of security shall be effective as against the non -contracting parties as from +the date of registration thereof prior to third parties acquiring rights in rem over the property +pledged. + +Article (1423 ) +The effect of a pledge by way of security s hall be restricted to the sum specified in the deed +of pledge registered with the land registry, unless there is a contrary stipulation in the law or +by way of agreement. + +Article (1424 ) +Neither an assignment of a pledge by way of security nor a waiver th ereof or of the status +thereof shall be effective as against the non -contracting parties unless the same is noted on +the original instrument giving rise to the right, and registered. +2- Order of priorities +Article (1425 ) +(1) Debts owing to obligee- pledgee s under pledges by way of security shall be paid out of +the proceeds of the land pledged or the property which takes its place in accordance with +the ranking of each of them, notwithstanding that they may have effected the registration on +the same day. +(2) Such rank shall be noted by serial number on the registration, and if several persons +come forward at the same time to register their pledges against one obligor and over the same land, such pledges shall be registered under one number, and those creditor s shall be +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 329 + regarded as being of equal rank upon distribution. + +Article (1426 ) +It shall be permissible for an obligee- pledgee to assign the rank of his pledge up to the +amount of his debt to another obligee- pledgee over the same property pledged, and it sh all +be permissible to rely, in respect of such ranking, as against that other creditor on all +arguments upon which it would have been permissible to rely as against the original creditor save in respect of those matters connected with the expiration of the rights of the first +creditor if such expiration took place subsequent to the assignment of his rank. + +Article (1427 ) +(1) A pledge by way of security shall rank as from the date of registration thereof. +(2) It shall retain its rank until an entry is made at the land registry indicating that it has +expired. + +Article (1428 ) +Registration of a pledge by way of security shall result in the costs of the contract and +registration being implicitly included in the debt covered by the pledge, and at the same rank +which it has. + +3- Rights of following +Article (1429 ) +An obligee- pledgee by way of security shall have the right to follow the property pledged +into the hands of whomsoever may be in possession of it in order to obtain satisfaction of his debt upon maturity , in accordance with his rank. + +Article (1430 ) +An obligee- pledgee by way of security may take steps to divest the ownership of the +property pledged and to sell the same if the debt has not been paid at the due time, after +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 330 + giving notice to the debtor and t he person in possession of the land in accordance with the +procedures laid down in the law of procedures before the civil courts, and special laws. + +Article (1431 ) +Any person in whom ownership of or another right in rem over the property pledged has +become vested for any reason shall be deemed to be a person in possession, without his +being personally obliged in respect of the debt covered by the pledge. + +Article (1432 ) +A person in possession of land pledged by way of security may pay the debt covered by the pledge together with expenses after notification being given to him, and provided that he +shall have a right of recourse against the debtor in respect of what he has paid and he may +also take the place of the creditor who has obtained satisfaction of h is debt, in respect of +such rights as he has. + +Article (1433 ) +A person in possession of land pledged by way of security shall have the right to disencumber the land which has passed to him of any right in rem over it attaching by way of security for a reg istered debt, by paying the debt prior to proceedings being taken for the +land to be sold, or at such times as are laid down by the Law of Procedures before the Civil Courts and the special laws. + +Article (1434 ) +The proceedings for compulsory divesting of ownership for non- payment of a debt shall be +taken in accordance with the provisions of the Law of Procedures before the Civil Courts, +and special laws. + +Article (1435 ) +It shall be permissible for a person in possession of land pledged by way of securit y to +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 331 + intervene in the proceedings for the sale of the land by auction, and if the sale is awarded to +him and he pays the price he shall be deemed to be the owner of the land under the original +deed of ownership, and the land shall be freed of the right reg istered. + +Article (1436 ) +If the sale under the auction of land pledged by way of security is awarded to a person other than the person in possession of it, he shall acquire it under the order made in the auction, +and may obtain satisfaction of his right from the person in possession of it. + +Article (1437 ) +(1) The person in possession shall be liable for any damage or harm that may befall the land +pledged in accordance with the rules relating to guarantees (liability) laid down in this Code. +(2) He must re nder up the yield of the land as from the date he is given notice to pay the +debt. + +Article (1438 ) +If the proceeds of the land sold exceed the value of the debts secured, the excess shall belong to the person in possession, and his obligee- pledgees may recover their debts +thereout. + +Article (1439 ) +(1) The person in possession may have recourse by way of claim for guarantee against the +previous owner up to the amount claimed by the successor against the person from whom he has obtained ownership by way of contract or gift. +(2) The person in possession may also have recourse against the debtor for any amount paid in excess of amounts owing by him under the deed of ownership, whatever may be the +cause of his having paid such excess. He shall take the place of the creditors whose rights he +has discharged, and in particular he shall take their place in connection with securities +provided by the debtor to the exclusion of securities provided by persons other than the +debtor. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 332 + +Chapter Three: Expiry of pledges by way of security +Article (1440 ) +(1) A pledge by way of security shall expire upon the expiration of the debt secured in full. +(2) If the cause of the expiration of the debt ceases to exist, the pledge shall arise again as it +was before without prejudice to the rights of persons acting in good faith acquired by them +during the period between the expiration and the re- arising of the right. + +Article (1441 ) +(1) A debtor may pay the debt secured by the pledge by way of security and the appurtenances thereof prior to the time for the payment of it. +(2) If the creditor does not accept such discharge, the debtor may deposit the money with the land registry which shall, after ascertaining the value thereof, settle the amount owed by +the debtor and deliver to him the deed of discharge and termination of the pledge, regard +being had therein to special laws. + +Article (1442 ) +The pledge shall terminate upon the sale of the property pledged in accordance with the law of procedures before the civil courts and special laws a nd payment of the proceeds to the +obligee- pledgees in accordance with the ranking of each of them, or the deposit. + +Article (1443 ) +A pledge by way of security shall expire upon the transfer of ownership of the property +pledged to the pledgee or the transf er of the right of pledge to the pledgor, and provided that +it shall rearise upon the cessation of the cause of its originally expiring, with retroactive +effect. + +Article (1444 ) +A pledge by way of security shall expire if the obligee- pledgee waives the sa me. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 333 + +Article (1445 ) +(1) A pledge by way of security shall expire upon the destruction of the subject matter +thereof. +(2) The provisions relating to the destruction of property pledged as laid down in this Code +shall be observed. + +Article (1446 ) +(1) If th e limitation period for a debt guaranteed expires, it shall be permissible for the +pledgee to apply for an order releasing the pledge. +(2) If the land pledged is transferred to the person in possession, he may raise the defence +that the debt secured by the pledge is time- barred if the pledgee fails without excuse to raise +a claim against him under the pledge for a period of 15 years. + +Article (1447 ) +A pledge by way of security shall not expire upon the death of the pledgor or of the pledgee, +but shall rema in in effect with the heirs. + + +Section 2: Possessory pledges (mortgages) +Chapter One: Definition and creation of possessory pledges +Article (1448 ) +A possessory pledge is a contract giving rise to a right to retain the property in the hands of +the obligee or the hands of a stakeholder by way of security for a right which may be +recovered thereout in whole or in part in priority over other obligees. + +Article (1449 ) +Property pledged by way of possessory pledge must be capable of delivery at the time the +pledge is made, and capable of being sold by public auction. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 334 + +Article (1450 ) +(1) A pledge of fruit before ripening shall be valid, but it may only be enforced against after it +has ripened. If the pledgor becomes bankrupt or dies before the fruit ripens, the pledgee +shall rank with the other creditors in obtaining satisfaction of his debt out of the other assets +of the pledgor. +(2) If the fruit ripens after the distribution and is sold, and the proceeds are allocated to the +pledgee, everything which he has tak en in the distribution shall be returned to the other +creditors if the proceeds thereof are equal to his debt. If the proceeds are less, he shall return +to them the excess of what he has taken, notwithstanding that he may initially have shared +with them i n respect of the balance of his debt after the proceeds of the fruit pledged +appropriated to him. + +Article (1451 ) +It shall be permissible to pledge perishable goods for a deferred debt, and such property +shall be retained if possible, but if not it shall be sold by public auction and the proceeds +shall take the place of the pledge. + + +Article (1452 ) +The consideration for a possessory pledge must be an ascertained debt owed or promised, specified upon the pledge being made, or real property secured. + +Article (1453 ) +In order for a possessory pledge to be perfected, the obligee or the stakeholder must take possession of it, and the pledgor may resile from the pledge prior to delivery. + +Article (1454 ) +If the pledgor becomes subject to any restriction on makin g dispositions of his property +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 335 + before the pledgee takes possession of the property pledged, the contract of pledge shall be +void. + +Article (1455 ) +The pledgor or the pledgee may agree to place the property pledged by way of possessory pledge in the hands of a stakeholder, in which event possession by the stakeholder shall +stand as possession by the pledgee and the pledge shall be perfected upon possession being taken. + +Article (1456 ) +(1) It shall not be permissible for the stakeholder to deliver the proper ty pledged to the +pledgor or the pledgee without the consent of the other so long as the debt remains in existence, and he may recover the property if he has delivered it. +(2) If the property pledged is lost before recovery, the stakeholder shall be liable for the +value thereof. + +Article (1457 ) +If the stakeholder dies and the pledgor and pledgee do not agree to deposit the property with another person, it shall be permissible for either of them to request the court to order that it be placed in the possess ion of a stakeholder selected by it. + +Article (1458 ) +The pledgor by way of possessory pledge in respect of a debt owed by him or by another person must be the owner of the property pledged and be competent to make dispositions +over it. + +Article (1459 ) +The provisions relating to pledges by way of security set out in Articles 1403 and 1404 of +this Code shall apply to possessory pledges. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 336 + +Article (1460 ) +The provisions relating to pledges by way of security set out in Article 1408 of this Code +shall apply to pledges of co- owned property. + +Article (1461 ) +If a part of co- owned land or the like is pledged, the pledgee may take possession of the +whole if the remainder is owned by the pledgor, and if it is owned by other parties, he may only take possession of the part pledged. + +Article (1462 ) +The provisions relating to the indivisibility of property pledged by way of security for a debt +laid down in Article 1410 of this Code shall apply to possessory pledges, and the whole of +such property shall remain as sec urity for the whole or part of the debt. + +Article (1463 ) +A possessory pledge shall include all of the appurtenances of the property pledged which would have been included in a sale. + +Article (1464 ) +If the property pledged by way of possessory pledge produces a yield while in the possession of the purchaser (sic) which is distinct from it but of the same nature, such yield shall form +part of the pledge, but if it is not of the same nature, it shall not form part of it unless it has +been agreed in the contr act of pledge that it should do so. + +Article (1465 ) +(1) It shall be permissible for property pledged by way of possessory pledge to stand as security for more than one debt ranking at the same level on condition that it is pledged +under one contract. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 337 + (2) The whole of the property shall be a pledge with each of the obligees in respect of his +debt. + +Article (1466 ) +(1) Property on loan may be pledged with the consent of the lending owner and upon the +conditions laid down by him. +(2) The lender may not recover the property pledged prior to the discharge of the debt. + +Chapter Two: Effects of a possessory pledge +Part 1: Effects of the pledge as between the contracting parties +1- With regard to the pledgor +Article (1467 ) +(1) It shall not be permissible for the pledgor to dispose of the goods pledged by way of +possessory pledge save with the consent of the pledgee. +(2) If such disposition is by way of sale, the right of the pledgee shall transfer to the proceeds +of the property pledged. + +Article (1468 ) +(1) If th e pledgor makes an acknowledgment in favour of a third party in respect of the +goods pledged by way of possessory pledge his acknowledgment shall be of no effect as +against the pledgee. +(2) Such acknowledgment shall not affect the right of the pledgee to detain the property pledged until such time as the debt is discharged. + +Article (1469 ) +The pledgor shall ensure the safety of the goods pledged and he may not do anything to them which lessens their value as security or which interferes with the exercise b y the +pledgee of his rights. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 338 + Article (1470 ) +The provisions relating to destruction of or damage to goods pledged arising out of the +default of the pledgor or by way of unavoidable accident laid down in Article 1415 of this +Code shall apply to possessory pledges. + +Article (1471 ) +If the goods pledged are damaged or destroyed, the possessory pledge shall attach to the +property which replaces it and the pledgee may satisfy his rights thereout in accordance +with the provisions of Article 1416 of this Code. + +2- With regard to the obligee/pledgee +Article (1472 ) +The pledgee must keep the goods pledged by way of possessory pledge himself or with a trustee, and he must exercise the care of a reasonable man over them. He shall be +responsible for their loss or dest ruction unless the same is attributable to a cause in which +he had no hand. + +Article (1473 ) +The pledgee may not dispose of the goods pledged without the consent of the pledgor, and it shall not be permissible for him to dispose of them unless he is an age nt for sale. + +Article (1474 ) +(1) It shall not be permissible for the pledgee to enjoy the use of the property pledged by way of possessory pledge, whether moveable or immoveable property, without the consent +of the pledgor. +(2) The pledgor may permit the pledgee to have the use of the property pledged provided +that the benefit derived from it is deducted firstly from the expenses which he has incurred +on behalf of the pledgor, and secondly from the principal amount of the debt. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 339 + Article (1475 ) +It shall be permissible for a pledgee to stipulate that he should have the beneficial use of the +thing pledged for himself if a fixed time or purpose is laid down therefor, and the (value of +the) benefit is to be deducted from the debt whether it be a debt by way of sale or loan, and if it is not deducted from the debt then (the pledgee) may not stipulate that he should have +such beneficial use if the debt is by way of loan, and it shall be permissible, if the debt is by +way of a deferred price on a sale, and that is stipulated in the contract of sale. + +Article (1476 ) +If the obligee misuses the property pledged, the pledgor shall have the right to require that +the property pledged be placed in the possession of a stakeholder. + +Article (1477 ) +The pledgee may retain th e property pledged by way of possessory pledge until such time as +his debt is discharged in full together with all appurtenances or costs thereof, and thereafter +he must return the property pledged to the pledgor. + +Article (1478 ) +(1) If the property pledg ed is lost while in the possession of the pledgee, he shall be the +guarantor of the value thereof at the time he took possession of it. +(2) If the value of the property is equivalent to the value guaranteed by him, the debt shall +lapse whether the loss occ urred through the wrongful act of the pledgee or not. +(3) If the value is greater than the debt, the debt shall lapse with regard to the pledgor, and +the pledgee shall be liable for the balance if the loss was through his wrongful act or default +in preserving the property. +(4) If the value of the property is less than the debt, the debt shall be reduced pro tanto, and +the obligee shall have a right of recourse for the balance of the debt as against the pledgor. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 340 + Article (1479 ) +A pledgee by way of possessory pledge shall have the rights of a pledgee by way of security +pledge in executing against the property pledged and thereafter against all of the assets of +the obligor in the event of failure to make full satisfaction of his debt as set out in Article 1419 of this Code. + +Article (1480 ) +The provisions of Article 1420 of this Code shall apply to a possessory pledge. + +Part 2: Effects of a pledge in relation to parties other than the contracting +parties +Article (1481 ) +In order for a possessory pledge to be effective as against the non -contracting parties, the +property pledged must be in the possession of the pledgee- obligee or of a stakeholder to +whom both parties consent. + +Article (1482 ) +The pledgee may detain the property pledged in his possession until his debt is satisfied in +full together with the appurtenances and costs thereof, and if he loses possession of the +property through reasons beyond his control he shall have a right to recover the same. +Article (1483 ) +The property pledged by way of possessory pledge shall stand as security for the principal +amount of the debt and the necessary expenses incurred by the pledgee on behalf of the pledgor, together with the costs of the contract of pledge and the enforcement thereof. + +Chapter Three: Special provisions relating to certain possessory pledges +Part 1: Possessory pledges of land +Article (1484 ) +A possessory pledge of land shall not be deemed to be effective as against the +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 341 + non -contracting parties unless it is registered, in addition to the (actual) possession by the +obligee- pledgee of the property pledged. + +Article (1485 ) +(1) An obligee -pledgee may lend the land pledged by wayof possessory pledge or may lease +it to the pledgor and provided that the land pledged shal l remain as security for payment of +the debt, and without that affecting the effectiveness of the pledge as against the +non‑contracting parties. +(2) With regard to rent paid by the pledgor, the provisions of Article 1474 of this Code shall +be followed in c onnection with an advantage obtained out of the property pledged. + +Article (1486 ) +The obligee- pledgee shall discharge the necessary costs of repairing the property pledged +and maintaining the same, as well as taxes and imposts due thereon, and provided th at he +may deduct the same from the yield of the land pledged or from the price thereof upon sale, +in accordance with the rank of his debt. + +Part 2: Pledges of moveable property +Article (1487 ) +A pledge of moveable property by way of possessory pledge shall not be deemed to be +effective as against the non -contracting parties unless an instrument is made of fixed date +setting out the debt, and the property pledged, together with the fact of the tr ansfer of +possession to the pledgee. + +Article (1488 ) +If the property pledged is threatened with loss, damage or detriment to its value, the pledgee +shall notify the pledgor thereof, and if the pledgor does not provide another security to the +pledgee, it s hall be permissible for each of them to apply to the court for the sale of the +property pledged, whereupon the right of the obligee shall be transferred to the proceeds. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 342 + +Article (1489 ) +It shall be permissible for a pledgor to apply to the court for leave to sell the thing pledged if +an opportunity arises to sell the same by way of a profitable contract, notwithstanding that +that may be prior to the maturity date of the debt, and the court shall, upon granting leave, +fix the conditions of sale and shall make a determination as to the depositing of the +proceeds. + +Article (1490 ) +The foregoing provisions shall apply to the extent that they do not conflict with commercial laws and special laws consistent with the Islamic Shari'a. + +Part 3: Pledges of debts +Article (1491 ) +A person who pledges a debt owing to him must deliver the instrument proving such debt to the pledgee. + +Article (1492 ) +(1) A pledge of a debt shall not be effective as against the debtor unless he is notified of such +pledge or he consents t hereto. +(2) It shall not be effective as against any person other than the debtor unless the pledgee is +in possession of the instrument evidencing the debt pledged. +(3) The pledge shall rank as from the date on which notification or acceptance is proved to have taken place. + +Article (1493 ) +A pledge of instruments in favour of a named person or promissory notes shall be made in the special way laid down by law for the assignment thereof, but provided that it shall be +stated that the assignment has taken place by way of pledge. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 343 + +Article (1494 ) +It shall not be permissible to pledge a debt which cannot be assigned or attached. + +Article (1495 ) +A pledgee may recover his periodical entitlements to the debt pledged and the costs +connected therewith, and he must in that event deduct the same from the costs, and +thereafter from the principal amount of the debt. + +Article (1496 ) +The obligee- pledgee must preserve the debt pledged, and if he is entitled to recover anything +out of that debt without the intervention of the pledgor, he must recover it at the time and +place specified for satisfaction, and must notify the pledgor thereof. + +Article (1497 ) +A debtor in respect of a pledged debt may rely as against the creditor -pledgee on defences +relating to the validity of the right secured by the pledge, and likewise on defences which he +may have as against his original creditor, all of the above to the sam e extent to which it +would be permissible for the debtor, in the event of an assignment, to rely on such defences +as against the assignee. +Article (1498 ) +(1) A debtor under a pledged debt must pay the debt to the pledgor and the pledgee together if it fall s due prior to the maturity of the debt secured by the pledge. +(2) The pledgor and the pledgee may agree to deposit monies paid by the debtor with a stakeholder until the debt secured falls due, and the right arising out of the pledge shall be transferred to the monies deposited. + +Article (1499 ) +If the debt pledged and the debt secured by the pledg e both become due for payment and +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 344 + the pledgee does not obtain satisfaction of his right, it shall permissible for him to take out of +the debt pledged that which is owed to him and to return the balance to the pledgor, +provided that the right to which he is entitled and the debt pledged are of the same type, +otherwise it shall be permissible for him to require that the debt pledged be sold or that he +become the owner thereof for its value in satisfaction of his right. + +Article (1500 ) +The provisions relating to pledges of moveable property by way of possessory pledge shall +apply to pledges of debts, to the extent that they do not conflict with the foregoing +provisions. + +Chapter Four: Termination of possessory pledges +Article (1501 ) +A possessory pledge shall terminate upon the termination of the debt secured in full, and shall rearise with it if the cause for the termination of the debt ceases to exist, without +prejudice to rights which third parties acting in good faith may have lawfully acquired +during the p eriod between the expiry of the debt and the rearising thereof. + +Article (1502 ) +A possessory pledge shall also terminate upon any of the following causes: ‑ +(a) by a waiver by the obligee- pledgee of his right to the pledge, whether expressed or +implied; +(b) if the right arising out of the pledge merges with a right of ownership in the possession of +one person, but provided that it shall arise again retrospectively if the cause (of such merger) ceases to exist; or +(c) the destruction of the property, or the expiration of the right pledged. + +Article (1503 ) +A possessory pledge shall not cease upon the death of the pledgor or of the pledgee, but +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 345 + shall remain as a pledge with the heirs until the debt is satisfied. + +Section 3: Priority rights (liens) +Chapter One: General provisions +Article (1504 ) +A priority right is a specific right over property following (such property), conferring upon +the obligee priority status in obtaining his right in accordance with his bargain and as +acknowledged by law. + +Article (1505 ) +(1) If the law does not lay down the rank of the priority right, it shall rank below the other +rights referred to in this Chapter. +(2) If rights rank equally, then they shall be satisfied in proportion to each unless the law requires otherwise. + +Article (1506 ) +A general priority in an obligee shall apply to all of the assets of an obligor, but a particular +priority shall only take effect over specific real or moveable property. + + +Article (1507 ) +(1) A priority right shall not affect the rights of a person in possession of moveable property +if he is acting in good faith. +(2) A tenant of land shall be deemed to be a person in possession within the meaning of the +foregoing paragraph in relation to moveable property located on the land leased, and a hotelier sh all also havethat status in relation to the belongings of the guests. +(3) A person having a priority right over moveable property may, if he fears that it will be lost or disposed of, require that it be placed under protection. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 346 + Article (1508 ) +(1) The pro visions relating to pledges for security shall apply to priority rights over real +property, to the extent that they do not conflict with the nature thereof. +(2) Priority rights securing rights due to the public treasury and the fees and costs of judicial +sales shall not be registrable. + +Article (1509 ) +The provisions relating to pledges for security in connection with the destruction of or damage to property shall apply to priority rights. + +Article (1510 ) +Priority rights shall terminate in the same manner in which rights under pledges for security and possessory pledges may terminate, and in accordance with the provisions for +termination of those kinds of right unless there is a provision to the contrary. + +Chapter Two: Types of priority rights +Part 1: General provisions +Article (1511 ) +The rights described in the following provisions shall be priority rights with their rank +therein, and shall be satisfied as among themselves in proportion to each of them, in +addition to the priority rights laid down in special provisions. + +Part 2: General priority rights and particular priority rights over moveable +property +Article (1512 ) +(1) Judicial costs expended for the common benefit of creditors in preserving the proper ty of +the debtor and selling the same shall give rise to a priority right over the proceeds of such +property. +(2) Such expenses shall be recovered before any other right notwithstanding that it may be a +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 347 + priority right or secured by a pledge by way of secur ity, including the rights of creditors who +have expended money for their benefit, and the costs incurred in selling the property shall +rank above the costs incurred in the proceedings for distribution. + +Article (1513 ) +(1) Taxes, imposts and other rights o f any kind whatsoever owing to the government shall +constitute a priority right upon the conditions laid down in the laws made in that behalf. +(2) Such monies owed shall be recovered from the proceeds of property encumbered by +such priority, in the possession of whomsoever it may be, in preference to any other right +notwithstanding that the same may be a priority right or secured by a pledge, with the +exception of judicial costs. + +Article (1514 ) +Costs expended in preserving or repairing moveable property s hall give rise to a priority +right thereover and shall be recovered out of the proceeds thereof after judicial expenses +and sums owed to the public treasury. + +Article (1515 ) +(1) The following rights shall stand as priority rights over all of the assets of a debtor, both +moveable and immoveable, to the extent to which monies are due on those rights in respect +of the last six months: +(a) expenses incurred (by others) due by a debtor to persons who have been compelled to bear such expenses; +(b) monies due for the supply of food, clothing and medicine to the debtor or the person +supporting him. +(2) Such sums may be recovered directly after judicial costs, monies due to the public +treasury and the costs of preserv ing and repairing property, and as between themselves shall +be recovered in proportion to each of them. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 348 + Article (1516 ) +(1) The cost of seeds, manure and other fertilizing materials, insecticides, and the costs of +sowing and harvesting shall be a priority debt over the produce in the production of which it +has been expended, and all such expenses shall rank equally and be r ecoverable out of the +proceeds after prior rights, if any. +(2) Likewise, the cost of agricultural machinery and repair expenses thereof shall be a +priority debt over it at the same rank. + +Article (1517 ) +The rent for agricultural property and land for two years or for the period of the tenancy if +less, and every other right vested in the landlord under the contract of tenancy shall +constitute a priority right over moveable property on the property leased and owned by the +tenant, and which may be attached, a s well as the agricultural produce. + +Article (1518 ) +The priority right for the rent referred to in the foregoing Article shall attach notwithstanding that the moveable property may be owned by the wife of the tenant or a third party of +whose right the lan dlord is unaware, without prejudice to the special provisions relating to +stolen or lost chattels. + +Article (1519 ) +(1) A priority rig ht in respect of a tenancy debt shall attach to chattels and produce which are +on the property leased notwithstanding that they may be owned by a sub- tenant, if the +landlord has not permitted the first tenant to lease the property to another person. +(2) If the lessor has permitted the first tenant to sublet the property leased to another person, +the priority right shall only apply to money due to the first tenant by the subtenant. + + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 349 + Article (1520 ) +The landlord shall have the right to follow property encumbered by a priority right if it is +removed from the land leased without his knowledge or consent, and sufficient assets do +not remain upon the land to secure the priority rights, the above being without prejudice to the rights of third parties acting in good faith over such assets, and the priority right shall +remain in existence over property which has been carried away, notwithstanding that (the +exercise of such right) may prejudice the rights of third parties, for a period of three years +from the day on which they were carried away, if the landlord imposes an attachment over +such property within thirty days from the date of asportation. Nevertheless, if such property +is sold to a purchaser acting in good faith in the public market or at a public auction or from +a person dealing in such property, the landlord must return the proceeds to the purchaser. + +Article (1521 ) +A debt arising out of a tenancy of agricultural land and property shall be recovered out of the +proceeds of the property encu mbered by the priority right after the rights set out in the +foregoing Articles, save in respect of those rights which are ineffective as against the right of +the landlord in his capacity as a person in possession in good faith. + +Article (1522 ) +(1) Monies due to a hotelier by a guest for his board and accommodation, and monies +expended on his account shall constitute a priority right over the belongings which the guest +has brought to the hotel. +(2) The priority right shall attach to the belongings notwiths tanding that they are not owned +by the guest unless it is proved that the hotelier knew at the time they were brought into the hotel that they were subject to third party rights, but on condition that such property is not +stolen or lost. The hotelier may object to the removal of the belongings from the hotel so +long as he has not been paid in full, and if the property is removed despite his objection or without his knowledge, the priority right shall remain in existence over such property +without prejudice to rights over that property acquired by third parties acting in good faith. + +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 350 + Article (1523 ) +The priority right of a hotelier shall rank equally with the priority right of a landlord, and if +both rights exist simultaneously, the earlier of them in date shall be preferred unless the +right is invalid as against the other. + +Article (1524 ) +(1) The seller of moveable property shall have a priority right thereover for the price and appurtenances, and such priority right shall remain in existence so long as the chattels retain +their identity, but without prejudice to rights acquired by persons acting in good faith, and +subject to the special provisions in the commercial laws. +(2) Such priority right shall rank after the other priority rights referred to over mov eable +property. It shall apply as against a landlord or a hotelier if it is established that they were +aware of the priority right of the seller at the time the chattels were brought on to the +property leased or into the hotel. + +Article (1525 ) +(1) Co -own ers of chattels shall, upon their dividing the same, have a priority right thereover +by way of security for the rights of each of them in having recourse against the others by reason of the division and the recovery by them of their share. +(2) The priority right of a sharing party shall have the same rank as that of the priority right +of a seller, and the earlier in time shall prevail if there are competing ranks. + + +Part 3: Priority rights over real property +Article (1526 ) +(1) The price and appurtenances of real property owing to a seller thereof shall have the +status of a priority right over the property sold. +(2) The priority right must be registered notwithstanding that the sale is registered, and it shall rank as from the date of its registration. +Federal Law No. (5) of 1985 C oncerning the I ssuance of the C ivil Transactions Law of the United Arab Emirates 351 + +Article (1527 ) +(1) Amounts due to contractors and building engineers who have undertaken to construct +buildings or other installations, or to reconstruct, repair or maintain the same, shall have the status of a priority right over such structures, but to the extent to which it exceeds the value +of the land at the time of sale, by reason of such works. +(2) Such priority right must be registered and it shall rank as from the time of registration. + +Article (1528 ) +(1) Co -owners of land shall, upon their dividing the same, have a priority right thereover by +way of security for the right of recourse that any of them has as against the others to recover +his share to which he is entitled under the division. +(2) A priority right arising out of the division must be registered, and it shall rank as from the +date of registration. + + " +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (1) +The Supreme Federal Court shall be considered an independent judicial body, namely the +supreme judicial body in the Federation, located in the Emirate of Abu Dhabi, and it may +hold its sessions as an exception when necessary, in any of the Emirates of the State. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (2) +The Supreme Federal Court shall be composed of a chief justice and four judges. It is allowed to appoint alternate judges, provided that no more than two of those judges shall attend the +department of the constitutional articles. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (3) +1. The Supreme Federal Court shall have a department for the constitutional articles, departments for considering other articles stipulated herein, or any other law. The department shall be presided over by the chief justice and the most senior judges. The +other departments shall be presided over by any of the original or alternate judges of the +Court. +2. Judgments shall be issued by a department formed of five judges, provided that the number of alternates shall not exceed two judges, in the is sues stipulated in the first six +items of article (4) herein. Excluding from that, judgments shall be issued by a +department formed of three judges, and by the majority in both actions. +3. The formation of the Appellate Body Chamber to consider challenges to the accountability of the ministers and senior officials of the Federation shall be presided over by the chief justice of the Court, and the membership of (6) of the Court judges who +did not participate in issuing the contested judgment, and the judgmen t issued by the +Court in this Appellate Body shall be final. + +Federal Decree No. (33) by Law of 2022 Concerning the Supreme Federal Court 3 + " +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (4) +The Supreme Federal Court shall have the jurisdiction to adjudicate the following matters: +1. The various disputes among the member emirates in the federation or between one +or more emirates and the federation government, when these disputes are referred +to the court based on the request of the parties concerned; +2. Discussing the constitutionality of the federal laws, if they are appealed by one or +more emirates for violating the fe deration constitution; +3. Discussing the constitutionality of the legislations issued from one of the member +emirates if they are appealed by one of the federal authorities for violating the federation constitution or the federal laws; +4. Discussing the co nstitutionality of the laws, legislations, and regulations in general if +such request is referred to the Supreme Court from any of the federation courts or +the member emirates during viewing an action before a such court; +5. Explaining the provisions of th e Constitution at the request of one of the authorities +of the Federation or the government of one of the Emirates, and this interpretation +shall be binding on all; +6. Explaining international treaties and conventions based on the request of one of the federation authorities or the member emirates or if such explanation is the subject of +dispute in an action offered before one of the courts; +7. Questioning the ministers and the Federation top officials appointed by decrees +about their actions in performing their official jobs based on the request of the +Federation higher council and as per the law related thereto; +8. Appeals of cassation filed before judgments issued by the federal courts of appeal in +accordance with the regulating laws, and the court decide s on the appeals that have +decided the subject matter of the dispute without referring it to the court of appeal, +Federal Decree No. (33) by Law of 2022 Concerning the Supreme Federal Court 4 + in the cases in which it considers reversing the judgment issued by this court and +addressing and adjudicating the subject matter of the dispu te; +9. Crimes that are directly related to the Federation interests such as crimes related to +the Federation security inside and outside, crime \s of forgery of written documents +or the official seals of any of the federation authorities and crimes of currency forgery according to the legislation in force in this regard; +10. The jurisdiction dispute between the federal judiciary and the judicial authorities in +the emirates; +11. The jurisdiction dispute between a judicial authority in an emirate and a judicial authority in another emirate; +12. Discussing the constitutionality o f implementing the resolutions of international +organisations and bodies and considering the disregard for the judgments of foreign +courts and the consequent obligations that are required to be implemented in the +face of the State or any of its organs or c omponents; +13. Deciding on the objections submitted by the Supreme Federal Council to the international agreements concluded by any of the emirates of the State; +14. Deciding on any dispute between the competent federal authorities and one of the emirates of the State regarding the conclusion of any international treaty or +agreement; and +15. Any other jurisdictions stipulated in the constitution or in any federal law. + +Chapter Two Appointment of the judges of the Supreme Federal Court + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (5) +The Sup reme Court chief justice and judges as well as alternate judges shall be appointed by +Federal Decree No. (33) by Law of 2022 Concerning the Supreme Federal Court 5 + a federal decree after the approval and ratification of the Federation Higher Council. The +seniority of the judges shall be considered as of the date of the decree issued for the +appointment and according to the order stated in such decree. The order of the alternate +judges shall be made, in all actions, according to the seniority after the Supreme Court +original judges. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (6) +1. For a judge to be appointed to the Supreme Federal Court, he shall fulfil the following +conditions: +a. To have a full capacity; +b. To be a citizen of the United Arab Emirates; +c. Not to be less than forty calendar years old; +d. To obtain a degree in the Islamic Sharia, law or Sharia and law or its equivalent from +one of the approved universities or high institutes in the State; +e. He shall have worked for a period of no less than (5) five years in the Courts of +Appeal or the eq uivalent jobs of the Public Prosecution, provided that the member of +the Public Prosecution has worked as a judge in the Courts of Appeal for a period of no less than (4) four years; and +f. To be of exemplary behaviour and good conduct and not to be sent enced previously +by a Court or a disciplinary board for an honour blemishing crime even if he is +rehabilitated. +2. Excluding the provision of item (1), paragraph (e) of this article, a judge may be +appointed to the Court if he has worked for a period not less than fifteen years in the +judicial and legal works in one of the courts or the equal prosecution jobs or +departments of fatwa and legislations or the State lawsuits or in teaching law or Islamic +Federal Decree No. (33) by Law of 2022 Concerning the Supreme Federal Court 6 + Sharia in the approved universities or high institutes or in the legal profession or in any +other legal works that are considered equal to the work in the Federal Judicial Council. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (7) +Excluding the provision of item (1), paragraph (b) of article (6) herein, some of the subjects +of the Arab countries, who fulfilled the remaining conditions stated in such article, may be +appointed through secondment from the governments to which those cit izens are affiliated +or through working contracts for specified renewable periods in accordance with the criteria +and conditions set by the Federal Judicial Council. +The provisions contained herein shall apply to them in matters not provided for in their +work contracts. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (8) +The chief justice and judges shall, before assuming their duties before the federation president and in the attendance of the minister of justice, swear the following oath: +(I swear by God Almighty that I shall rule with justic e and without fear or prejudice and to be +faithful to the constitution and laws of the United Arab Emirates). + +Chapter Three The General Assembly + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (9) +1. The Supreme Federal Court shall have a general assembly of its judges presided over by +its p resident or his representative of one of its senior judges. Such assembly shall be +specialised in ordering and forming the departments, distributing works on such departments, determining the number of sessions, days, and hours of their holding and +all other matters related to the Court system, its internal affairs, and the other +Federal Decree No. (33) by Law of 2022 Concerning the Supreme Federal Court 7 + jurisdictions stipulated herein. +The general assembly may authorise the chief justice in some of its jurisdictions . + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (10) +1. The general assembly shall be held upon an invitation from the Court chief justice or his +representative at the beginning of every year and when necessary. +2. The public prosecution, the College of Commissioners, and the technical office shall be invited t o the Court to attend the meeting of the general assembly and its representative +shall have the right to express their opinions on issues related to their works without the right to vote on the resolutions of the assembly. +3. The meeting of the general ass embly shall not be intact unless attended by a third of its +original judges at least, including the Court chief justice or his representative. The +assembly resolutions shall be issued by the ultimate majority of the attendees; if the opinions are equal, th e side of the president shall be the casting vote. The minutes of the +general assembly shall be recorded in a special record signed by the meeting chairperson. + +Chapter Four College of Commissioners + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (11) +1. The Supreme Federal Court may have a College of Commissioners to prepare the action, arrange it for pleading, and prepare a report on the legal opinion therein, regarding what +is referred thereto by the chief justice of the Court or the president of the circuit, when +necessary. +2. The College of Commissioners shall be formed of a chairperson and a sufficient number +Federal Decree No. (33) by Law of 2022 Concerning the Supreme Federal Court 8 + of judges. +3. The senior of its members shall replace the president, and the president of the College +shall supervise its work. +4. The chief justice of the Court, after the approval of the Federal Supreme Council of the +Federal Judicial, shall issue a resolution regulating the work of the College of +Commissioners. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (12) +1. Who shall be appointed as a president of the College of Commissioners shall fulfil the +conditions decided for appointing the members of the Court. +2. Who shall be appointed as a member of the College of Commissioners shall fulfil the conditions decided for appointing the judges as stipulated in the Judicial Authority Law. +3. The president and members of the College of Commissioners shall be appointed by a +federal decree based on a proposal from the chief justice of the Supreme Federal Court. +This job may be filled by federal Court judges by transfer or assignment. In this case, the +job shall be filled by a resolution issued by the President of the Federal Judicial Council +based on a proposal by the President of the Supreme Federal Court. +4. The College members shall, before assuming their duties, swear the following oath: (I swear by God Almighty that I shall respect the constitution and law; and perform my +work trustfully and faithfully. Taking oath shall be before the Supreme Federal Court . + +Chapter Five T he Technical Office + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (13) +1. The Supreme Federal Court shall have a technical office to be formed by a chief justice and a sufficient number of members to be chosen from among the members of the +Federal Decree No. (33) by Law of 2022 Concerning the Supreme Federal Court 9 + Judicial Authority. +2. The job of the president and members of the Technical Office shall be filled by transfer +or assignment from the judges of the Federal Courts pursuant to a resolution issued by +the President of the Federal Judicial Council based on a nomination from the chief justice +of the Supreme Fed eral Court. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (14) +The Technical Office undertakes the following matters: +1. Deducting, classifying, and indexing the legal rules issued by the Supreme Federal +Court; +2. Supervising, printing, and publishing the copies of thes e judgments issued by the +Supreme Federal Court; +3. Preparing the technical research requested by the chief justice or one of its circuits; +4. Supervising the Supreme Federal Court tables, and registering actions, appeals, and requests in such tables; and +5. The remaining issues referred thereto by the chief justice. + +Chapter Six The immunities of the judges of the Supreme Federal Court and the +reasons for the expiration of their jurisdiction + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (15) +The Supreme Federal Court judges may not be recused. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (16) +The Supreme Federal Court chief justice and judges shall not be dismissed, and their +Federal Decree No. (33) by Law of 2022 Concerning the Supreme Federal Court 10 + jurisdiction shall not end unless for the following reasons; +1. Death; +2. Resignation; +3. Expiration of the period of the contracted judges according to the +legislation in force; +4. Reaching the age of retirement; +5. Established disability to perform duties of their jobs for health reasons. The +disability shall be established by a resolution of the competent medical +authority; +6. The disciplinary dismissal based on the reasons and procedures stipulated herein; and +7. Assigning other non -judicial offices to those judges with their consent or +transferring them to a non -judicial job based on the ju dgment of the +Accountability Board. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (17) +1. The age of retirement for the Supreme Federal Court chief justice and judges shall be +when they reached the age of sixty -five. However, if they reach such age during the +judicial year, they shall remain in the service till the last date. +2. When necessary, the period of their service may be extended till after their reaching the +age of retirement for a period or periods not exceeding ten years provided that each +period shall not be less than a judicial year and that extending of the service period shall +be made by Decree by Law issued by the President of the State based on the proposal of +the Federal Judicial Council. +Federal Decree No. (33) by Law of 2022 Concerning the Supreme Federal Court 11 + 3. The chief justice and judges of the Court may be referred to retirement after they have +completed a period of (30) years of service. Referral to retirement shall be made by a decree issued by the President of the State with the approval of the Supreme Federal +Council. + +Chapter Seven Accountability of Supreme Fed eral Court Judges + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (18) +The chief justice shall supervise the Court judges and its works, and he has the right to warn +the judges of the court of all that violates the job duties or requirements. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (19) +1. If a matter is attributed to the chief justice of the Court that would prejudice confidence or esteem or seriously breach the duties or requirements of his job, the most senior judge +of the Court shall submit the matter to the general assembly; +2. If the general assembly decides, after hearing the statements of the chief justice of the Court, that there is a place to proceed with the procedures, it delegates one of its members or forms a committee of (3) three of them to start the investigation proc edures; +3. After the investigation is completed, the investigation shall be submitted to the general assembly convened in the form of a disciplinary Court, provided that any of its members +who participated in the preliminary investigation shall be excluded from attendance in +this case; and +4. The general assembly, after hearing the defence of the chief justice of the Court and +investigating his defence, shall issue a ruling of acquittal or of referring the chief justice +of the Court to retirement as of the date of the ruling, and the ruling shall be final and not +Federal Decree No. (33) by Law of 2022 Concerning the Supreme Federal Court 12 + subject to appeal. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (20) +1. The accountability of the Court judges shall fall under the jurisdiction of a Judicial +Accountability Board, to be formed under the chairmanship of the chief jus tice of the +Court or his representative, and the membership of (4) four of its most senior judges. +2. When the place of any of the members of the Accountability Board becomes vacant or +absent for any reason or if he has an impediment, the most senior judge shall replace +him. +3. Any member shall not be prohibited from attending the Accountability Board if one of +the board authority members contributed previously to the request of filing a +disciplinary action against the judge. +4. The resolutions shall be iss ued by the ultimate majority of the attendees. If the opinions +are equal, the side of the president shall be the casting vote. The resolutions shall be final and not subject to appeal. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (21) +1. A disciplinary action shall be filed before the Accountability Board by the public prosecutor of the Federation, at the request of the Federal Judicial Council. +2. Such request shall not be submitted unless upon a criminal or managerial investigation und ertaken by one of the Supreme Federal Court judges who is assigned by the minister +of justice for this purpose. If public prosecutor does not file the disciplinary action during +thirty days as of the date of delivering the request, the chief justice may un dertake the +action through resolution issued by such board. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (22) +Federal Decree No. (33) by Law of 2022 Concerning the Supreme Federal Court 13 + The disciplinary action shall be filed with a memorandum including the accusation and the +supporting evidence. Such memorandum shall be submitted to the Accountability Board for issuing its resolution for notifying the judge to attend before the board. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (23) +The Accountability Board may perform what it deemed necessary from investigations, and it is entitled to assign one of its members for making such investigations. The board and the +member assigned for investigation shall have the authorities en titled to the subject judge. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (24) +1. If the Accountability Board finds a reason for completing the trial procedures of all or part of the accusations, the judge shall be committed to attending before the board +within a period of no less than (5) five working days based on an order from the Board +president. +2. The attendance request shall include an adequate statement for the action subject and +the accusation evidence. The Accountability Board may, when it decided to complete the +trial procedures, order the judge to stop performing the duties of his job. This detention +shall not entail depriving the judge of his salary, unless the Accountability Board decides +to deprive him of it in whole or in part, as long as it shall not exceed half. +3. The Accou ntability Board may review the resolution of stopping the work and depriving +of the salary at any time either ex officio or upon the judge request. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (25) +The disciplinary action shall end with the judge resignation. The disciplinary action shall not +affect the penal or civil action resulting from the same incident of accountability. +Federal Decree No. (33) by Law of 2022 Concerning the Supreme Federal Court 14 + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (26) +1. Disciplinary trial sessions shall be held in secret, and the Public Prosecution shall be +represented by an attorney whose rank is not less than a first attorney general. The judge +appears in person before the Accountability Board, and he may present his defence in +writing. He may also seek the assistance of an attorney from among the members of the +judicial authority to attend with him.If the judge did not attend or did not appoint +anyone on his behalf, a judgment may be in absentia after verifying the validity of its +declaration. +2. The Accountability Board shall judge after hearing the requests of the public prosecution +and the defence of the judge who shall be the last one to speak. +3. The judge may object to the judgment in absentia within (10) ten working days of being notified of the judgment. +4. The objecti on shall be based on a report filed with the case management office, and it +shall require attendance at the session specified by the president of the Accountability +Board. +5. The opposition entails re -examining the disciplinary action with regard to the op posing +judge, and he may not be harmed in any way based on his objection. +6. If the opposing judge does not attend the session set for hearing the objection, the +objection shall be considered as never filed. +7. The judgment issued in the objection or considering it as never filed, shall not be subject +to appeal. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (27) +The judgment issued in the disciplinary action shall include the reasons on which it is based, +Federal Decree No. (33) by Law of 2022 Concerning the Supreme Federal Court 15 + and its reasons shall be read when pronounced in a closed session. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (28) +The disciplinary penalties that may be imposed on the judges are: +1. blame; +2. Deprivation of the periodic increment; +3. Passing over the promotion once; +4. Transfer to another non- judicial job with a lower degree and a lower salary; and +5. Dismissal . + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (29) +1. The Accountability Board shall notify the Federal Judicial Council and the judge of the +content of the disciplinary judgment issued against him within (3) three working days as +of the date of its issuance, and the notification shall be in w riting. +2. The jurisdiction of the judge shall cease as of the date of the issuance of the ruling to +transfer to another non -judicial position or to dismiss him from the job. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (30) +1. A federal decree shall be issued to implement the judgment issued for dismissal and the judgment issued for dismissal shall not affect the judge rights to a pension or reward. +2. In the event that a resolution is issued to transfer the judge to another non -judicial job, +the transfer shall take place by a resolution of the Council of Ministers. +3. The Minister of Justice is in charge of executing the judgments issued by the Accountability Board regarding dismissal or transfer to another non -judicial job. +4. All penalties imposed on the judge shall be deposited in his job file. + +Federal Decree No. (33) by Law of 2022 Concerning the Supreme Federal Court 16 + Chapter Eight Procedures before Supreme Federal Court + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (31) +1. Requests for examination of constit utionality to be raised before courts in respect of an +action being tried by such courts shall be referred to the Supreme Federal Court by virtue +of a grounded resolution from the Court, to be signed by the president of the competent circuit. Such resolution shall have the provisions to be examined if reference is made +upon a resolution from the Court out of its own accord. +2. Whereas, if the challenge of lacking constitutionality is raised through the plea of one of the litigants in the action, and the Court has admitted such challenge, it shall fix a term +for the challenger to submit his challenge to the Supreme Federal Court. If that term +expires without the challenger having submitted evidence indicating that he has lodged +his appeal in time, he shall be considered as having relinquished such plea. +3. If the Court rejects the plea, the rejection shall be pursuant to grounded judgment. The +concerned parties may challenge that rejection along with the resolution to be issued on +the merit of the action before the Court that has jurisdiction to examine the appeal to +such resolution as long as the appeal thereto is admissible. +4. The Court before which the action is examined shall order a stay of the proceedings +thereof until the Supreme Federal Court decides on the matter of constitutionality. The +detention resolution shall be issued with the referral resolution referred to in the first +item of this Article or following lodging the appeal within the term fixed by the Court as +stated in item (2) of this Article. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (32) +1. The requests for interpretation of the international treaties and conventions that are +Federal Decree No. (33) by Law of 2022 Concerning the Supreme Federal Court 17 + brought before the Courts in respect of an action being examined before such Courts +shall be referred by virtue of a grounded resolution by the Court in accordance with the stipulation of the item (1) of the article (31). It shall not matter whether such a request is +filed subject to a resolution by the Court out of its own accord or by a serious plea from +one of the litigants. In this regard, the provision of item (3) of article (31) herein shall +apply. +2. The discussion of the constitutionality of implementing the resolutions of international +organisations and bodies, and the consideration of disregard for the rulings of foreign +courts and the consequent obligations or t hose required to be implemented in the face +of the state or any of its organs or components, shall be at the request of the Minister of Justice. Each interested party shall be deducted from the request, and a copy of the resolution or judgment required to be executed or not being considered, a certified +translation thereof, and the reasons on which the request is based shall be attached +thereto. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (33) +1. In the event of a conflict of jurisdiction between two or more of the judicial authorities referred to in items (10) and (11) of article (4) herein, that these authorities have not +abandoned hearing of the action or that all of these authorities have abandoned hearing +the same or issued contradictory judgments thereon, the petition for designation o f the +competent court shall be submitted to the Supreme Federal Court by virtue of a petition based on the demand of one of the litigants or the Public Prosecutor. +2. Official copies of the disputed petitions or the contradictory judgments, as the case may +be, shall be attached to the petition +3. The filing of the petition at the Supreme Federal Court clerks' department shall entail the +Federal Decree No. (33) by Law of 2022 Concerning the Supreme Federal Court 18 + detention of the proceedings of disputed actions until the competent court is appointed. +4. The competent circuit at the S upreme Federal Court shall order the stay of the execution +of the contradictory judgments until the enforceable judgment is determined. The chief +justice of the Court may order the stay of the execution of such judgments until the +matter is submitted to th e competent circuit in the Court to adjudicate the action. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (34) +1. Actions and claims shall be brought before the Supreme Federal Court by virtue of a +petition that includes, in addition to the details relating to the names, capacities, and +resid ences of the litigants, the subject matter of the action, the constitutional or legal +texts subject of the litigation, or the request for interpretation, as the case may be, in addition to the aspects of difference or obscurities in these provisions, and all the +elements of the action or the claim and its foundations and supporting documents. +2. The petition shall be signed by the party filing the same. In case of Federal or local authorities in the individual Emirates that are members of the Federation, the petition shall be signed by the duly authorised legal proxy thereof. In case of petitions submitted +by individual persons, it shall be signed by an attorney who is admitted pleading before +the Supreme Federal Court. +3. The applicant shall supply with the original petition a sufficient number of copies thereof +and the documentation folder in proportion to the number of litigants and the court +panel. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (35) +1. As an exception to the provision of article (34) herein, criminal appeals shall be filed before the Supreme Federal Court by the Public Prosecution, the convicted person, the +person responsible for civil rights, the plaintiff, and the insured. The appeal s hall take +Federal Decree No. (33) by Law of 2022 Concerning the Supreme Federal Court 19 + place with a report containing the reasons for the appeal and shall be deposited at the +case management office at the Court, and the appeal shall be recorded in the register prepared in this regard. +2. If the appeal is filed by the Public Prose cution, its reasons shall be signed by at least a +chief prosecutor, and if it is submitted by others, its reasons shall be signed by an +attorney acceptable to the Supreme Federal Court. +3. The Case Management Office of the Supreme Federal Court shall not ify the challenged +with a copy of the appeal report, and the respondent may file the case management +office a memorandum responding to the appeal, within the time limit and procedures +specified by law. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (36) +1. The Case Management Office of the Supreme Federal Court shall present the action file to the chief justice of the Court, who determines the competent circuit for adjudication, +except for appeals in commercial, civil, administrative, personal, labour, and penal matters. +2. The chief justice o f the Court or President of circuit shall appoint a judge from amongst +the members of the mentioned circuit to prepare the action and set it for pleading. +3. The Case Management Office shall notify the parties to the action of the sessions that are set to prepare the action to appear before the preparation judge or a member of the +court commissioners panel whenever the member deems it necessary. They may entrust the Public Prosecution with the fulfillment of the procedures it deems necessary to prepare the action. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (37) +Federal Decree No. (33) by Law of 2022 Concerning the Supreme Federal Court 20 + Following setting the action for hearing and pleading, the judge in charge of such +preparation shall submit a report that indicates the facts of the action and the legal issues raised in the dispute without expressing his opinion thereon. Immediately upon filing the +said report, the Court clerks' department shall submit the action file to the president of the +competent circuit to determine the session at which the action shall be e xamined. The clerks' +department shall communicate to the concerned parties the date of the session and they +shall follow up the action proceedings thereafter. The preparing judge shall act as rapporteur +for the session. The President of the Court may deleg ate others for this purpose. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (38) +The reporting judge shall read out his report at the session. He shall adjudicate the action following hearing the demands of the Public Prosecution without pleadings unless the Court +wishes to clarify something from the litigants themselves or their advocates who are +officially authorised by them. The criminal action shall only be adjudicated after hearing the +defence of the accused. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (39) +1. If any of the departments of the Supreme Federal Court, while it is in the process of +considering an action, request, or appeal, deems that, in other than the constitutional articles, a stable principle of the Court has departed, or that there are conflicting legal +principles previously issued by the Cou rt, it may submit a request to the president of the +Court to form a body headed by him or headed by a member of the Court. He shall take his place and the senior (4) four judges of the Court, provided that the number of +alternated of them shall not exceed two judges, to adjudicate on it. +2. In this event, the action shall be adjudicated by the general assembly in its full +composition. +Federal Decree No. (33) by Law of 2022 Concerning the Supreme Federal Court 21 + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (40) +1. Without prejudice to what is stipulated in any other law regarding cases of recourse to +judgments, Jud gments issued by the Supreme Federal Court shall not be subject to +appeal by any method of appeal. +2. With the exception of the cases stipulated herein, filing a lawsuit before the Supreme Federal Court shall not result in a stay of execution of the judgment or resolution in +question, unless the Court decides to stay the execution. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (41) +1. Judgments of the Supreme Federal Court in constitutional actions and its resolutions with interpretation are binding on all state authorities and for everyone. +2. A judgment of the unconstitutionality of a provision in a law or regulation shall result in its inadmissibility from the day following the publication of the judgment unless the +judgment specifies another date in this regard, provided that the judgment of the +unconstitutionality of a tax provision has in all cases only a direct effect, without +prejudice to the plaintiff benefit from the ruling that this provision is unconstitutional. +3. If the judgment of unconstitutionality is related to a penal provision, judgments of +conviction issued based on that provision shall be considered as never filed. +4. The chief justice of the Court or the president of the College of Commissioners, as the +case may be, shall inform the public prosecution of the judgment as soon as it is +pronounced in order to take action. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (42) +With the exception of what is stipulate d herein, the provisions and procedures stipulated in +the Federal Civil and Penal Procedure Laws and other relevant federal legislation shall be +Federal Decree No. (33) by Law of 2022 Concerning the Supreme Federal Court 22 + applied before the Supreme Federal Court. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (43) +All civil, administrative, and judicial authorities in the Federation and the Emirates that are +members therein shall submit to the Supreme Court any details or documentation to be +requested by the Supreme Federal Court. The Court shall have the authority to issue any +orde r to ensure the appearance of any person before the Court or the submission of any +documentation the Court deems necessary for adjudication of the actions, demands and +appeals filed before the Court. The authorities referred to, each within their respectiv e +competency, shall execute any order issued to them by the Court in order to enable the +Court to undertake its mission. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (44) +The Supreme Court judgments issued over the constitutionality actions and the claims of interpretation of the provisions of the Constitution and international treaties and conventions shall be published in the Official Gazette free of charge. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (45) +The Supreme Federal Court may apply the rules of custom, the principles of natural law and comparative law, in a manner that does not conflict with the provisions of the Constitution, +Federal laws, provisions of Islamic Sharia and other laws in force in the Emirates members of +the Federation. + +Chapter Nine Judges Assistants of the Supreme Federal Court +Federal Decree No. (33) by Law of 2022 Concerning the Supreme Federal Court 23 + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (46) +1. A suffic ient number of bailiffs, secretaries, translators, clerks, and administrative staff +shall be appointed in the Supreme Federal Court to conduct the necessary clerical and +administrative work. +2. The assignment of tasks to them shall be made by a resolutio n issued by the chief justice +of the Court or whomever he delegates. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (47) +The Ministry of Justice shall be in charge of everything related to the appointment, +promotion, and allowances of judges' assistants and employees and employees of the +Supreme Federal Court, and the provisions of federal legislation on government human +resources shall apply. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (48) +Administrative officials and assistants shall take an oath before the chief jus tice of the +Supreme Federal Court to perform their duties honestly and truthfully and not to disclose +the confidentiality of the deliberations and documents submitted to them. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (49) +Disciplining of administrative officials and assistants shall be in accordance with the provisions contained in the Judicial Authority Law. + +Chapter Ten Final provisions + +Federal Decree No. (33) by Law of 2022 Concerning the Supreme Federal Court 24 + " +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (50) +1. The degrees, salaries, allowances, and bonuses of the original and alternated chief and +judges of the Supreme Federal Court, and members of the College of Commissioners, +shall be determined by a federal decree issued by the President of the State. +2. It is not permissible for any judge of the Supreme Federal Court to decide on a personal +rank or to be treated in any way exceptionally. +3. The schedule of grades and salaries of the Supreme Federal Co urt judges and alternated +judges, their allowances, and bonuses in force at the time of the issuance herein, shall +continue to be applied until the issuance of the decree referred to in item (1) of this +article. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (51) +The Minister shall issue the Resolutions necessary to apply the provisions herein. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (52) +The provisions of the Law of the Judicial Authority shall apply, unless there is a special +provision herein, in a manner that does not conflict with its provisions. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (53) +The afo rementioned Federal Law No. (10) of 1973 shall be repealed, as well as any +provision that violates or contradicts the provisions herein. + +" +justice and juiciary,Federal Decree by Law No. (33) of 2022 Concerning the Supreme Federal Court,"Article (54) +This Decree by Law shall by published in the Official Gazette and shall come into force as of +Federal Decree No. (33) by Law of 2022 Concerning the Supreme Federal Court 25 + January 02 , 2023. + + + + + + + + + + + + + +Mohammed Bin Zayed Al Nahyan +President of the United Arab Emirates + + +Issued by us at the Palace of the Presidency in Abu Dhabi: +On: Rabi' al -Awwal 07, 1444 H +Corresponding to: October 03, 2022. + + " +justice and juiciary,"Federal Law No. (10) of 2019 on Regulating Judicial Relations Among the Judicial, Federal and Local Authorities","Article (1) Definitions +In app lication of the provisions of this Law, the following words and expressions shall have +the meanings ascribed thereto unless the context requires otherwise: + State : United Arab Emirates. +Ministry : The Ministry of Justice +Minister : Minister of Justice. +Authority : Authority for Unification of the Conflicting Judicial Principles established by one +or more of the State's Supreme Courts, and the areas of its competence thereof are +determined in accordance with the provisions of this Law. +Federal or Local Judicial Authority : The federal or local judicial entities, including courts +and public prosecutions. +Chairmen of Local : The Chairmen of the local judicial entities in accordance with the legislation regulating the works thereof. Judicial Authority +Bonds of Execution : The bonds specified in the legislation and regulations in force in the +State. + +" +justice and juiciary,"Federal Law No. (10) of 2019 on Regulating Judicial Relations Among the Judicial, Federal and Local Authorities","Article (2) Exchange of information +The Federal or Local Judicial Authorities shall exchange the information and data related to +all adjudicated lawsuits ther eof and any other information and data obtained from the +official records and documents thereof in all the considered disputes, upon request. The +information and data mentioned in this Article shall be considered as official documents. In +addition, the exc hange of information and data, in writing or via any other electronic +means, is admissible. + + + Page 3 " +justice and juiciary,"Federal Law No. (10) of 2019 on Regulating Judicial Relations Among the Judicial, Federal and Local Authorities","Article (3) Publication +The judicial papers and documents shall be published among the Federal or Local Judicial +Authorities, in accordance with the legislation in force in the State. + +" +justice and juiciary,"Federal Law No. (10) of 2019 on Regulating Judicial Relations Among the Judicial, Federal and Local Authorities","Article (4) Publication Fees and Expenses related to the Witnesses and Experts +The Federal or Local Judicial Authority shall collect - in accordance with the federal and +local legislation, as the case may be - the publication fees, whe rever they are published in +the State. +The judicial authority that requested the publication shall be responsible for the expenses +of the attendance of the witnesses or experts, as well as the costs of accommodation and +return thereof. + +" +justice and juiciary,"Federal Law No. (10) of 2019 on Regulating Judicial Relations Among the Judicial, Federal and Local Authorities","Article (5) Letters Rogatory +Each Federal or Local Judicial Authority shall have the right to request other authorities to +initiate, on its behalf, any judicial proceeding related to a lawsuit under consideration or a +judicial investigation, in accordance with the following p rocedures: + +1. The Federal or Local Judicial Authority shall send the letter rogatory to the authority +requested to implement such procedures, as the case may be. +2. The judicial authority requested to implement shall execute the letter rogatory in +accordance with the legal procedures followed thereby, provided that if the requesting +judicial authority wishes the letter rogatory to be executed by a different method, th e +other authority shall comply with its wish, unless that would contravene the laws of the judicial authority requested to implement. +3. The requesting judicial authority shall be given a notice of the place and time of +execution of the letter rogatory, in order to allow the interested party to appear in +person or by proxy. +4. If the letter rogatory pertains to a subject or procedure precluded by the local law or +cannot be executed, the judicial authority requested to implement shall notify the +requesting authority thereof, stating the reasons. +5. The judicial authority requested to implement shall pay the costs of letters rogatory, +except for the fees of experts, which shall be paid by the requesting authority and shall +send a statement of such fees attached to the letter rogatory file, provided that the judicial authority requested to implement shall be paid for the charges of the +documents submitted during the execution of the letter rogatory, in accordance with +the laws thereof. +6. The letter rogatory, specified in this Article, may be executed by using remote +communication technology, in accordance with the legislation in force in the State. + +" +justice and juiciary,"Federal Law No. (10) of 2019 on Regulating Judicial Relations Among the Judicial, Federal and Local Authorities","Article (6) Legal Effect of a Letter Rogatory +Any judicial procedure carried out pursuant to a letter rogatory, in accordance with Article + Page 4 (5) hereof, shall have the same legal effect as it would have had, if it had been carried out +before the requesting judicial authority. + +" +justice and juiciary,"Federal Law No. (10) of 2019 on Regulating Judicial Relations Among the Judicial, Federal and Local Authorities","Article (7) Assignment of M embers of the Federal or Local Judicial Authority and +Persons of Equivalent Status +1. The Minister of Justice may, after consulting the Supreme Council of Federal Judiciary, +ask the Chairmen of Local Judiciary Authorities to assign any of the members of th e judicial +authority and persons of equivalent status working therein to take the same federal judicial positions. An approval of such assignment shall be issued by the competent local judicial +authority in which the assigned member of the judicial authori ty or anyone of equivalent +status works, and the term of assignment shall be determined therein in accordance with +the legislation in force in the State. +2. The Chairman of Local Judicial Authority may ask the Minister of Justice to assign any of +the membe rs of the federal judicial authority or persons of equivalent status to take the +same local judicial positions. An approval of such assignment shall be issued by the Minister of Justice, after consulting the Supreme Council of Federal Judiciary, provided t hat +the term of assignment shall be determined therein, in accordance with the legislation in force in the State. +3. The Chairman of Local Judicial Authority may ask the chairman of another local judicial authority to assign any members of the judicial authority or persons of equivalent status to +take the same local judicial positions. An approval of such shall be issued by the Chairman +of Local Judicial Authority, provided that the term of assignment shall be determined +therein in accordance with the legis lation in force in the State. + +" +justice and juiciary,"Federal Law No. (10) of 2019 on Regulating Judicial Relations Among the Judicial, Federal and Local Authorities","Article (8) Binding Force of the Resolutions Issued by the Assigned Member of the +Judicial Authority +The resolutions or judgments issued by the assigned member of the judicial authority shall be deemed as equal as those issued by the judicial authority to which the member is +assigned to work in, and they shall have the same legal effect. + +" +justice and juiciary,"Federal Law No. (10) of 2019 on Regulating Judicial Relations Among the Judicial, Federal and Local Authorities","Article (9) Authority Bearing the Assignment Costs +The requesting judicial authority shall bear all financial entitlements and expenses incurr ed +by the members of the judicial authority assigned to work therein, unless otherwise agreed +between both judicial authorities. + +" +justice and juiciary,"Federal Law No. (10) of 2019 on Regulating Judicial Relations Among the Judicial, Federal and Local Authorities","Article (10) Execution of Judgments and Judicial Orders +Any final or enforceable judgment or judicial order issued by a federal or local judicial +authority shall be enforceable throughout the State, in accordance with the legislation in +force in the State. + Page 5 " +justice and juiciary,"Federal Law No. (10) of 2019 on Regulating Judicial Relations Among the Judicial, Federal and Local Authorities","Article (11) Execution of Judgments of Arbitral Tribunals and Committees +The judgments of arbitral tribunals, conciliation decisions issued by reconciliation and +settlement committees, judgments issued by committees of Rental Disputes and other +committees with the same jurisdiction shall be enforceable in the State, in accordan ce with +the procedures and controls regulated by the legislation in force in the State. + +" +justice and juiciary,"Federal Law No. (10) of 2019 on Regulating Judicial Relations Among the Judicial, Federal and Local Authorities","Article (12) Bonds of Execution +Taking into consideration the provisions of Articles (10) and (11) hereof, all Bonds of +Execution issued by a Federal or Local Judicial Authority, in accordance with the conditions +and regulations legally prescribed, shall be enforceable throughout the State. + +" +justice and juiciary,"Federal Law No. (10) of 2019 on Regulating Judicial Relations Among the Judicial, Federal and Local Authorities","Article (13) Implementation Proceedings +Implementation shall take place according to the laws and procedures followed in the Emirate requested to carry out such implementation, in a manner consistent with the Code +of Federal Regulations in this regard. + +" +justice and juiciary,"Federal Law No. (10) of 2019 on Regulating Judicial Relations Among the Judicial, Federal and Local Authorities","Article (14) Unification of Local and Federal Judicial Principles +A judicial body called the ""Authority for Unification of Local and Fe deral Judicial Principles"" +shall be established and headed by the president of the Federal Supreme Court or a +representative thereof, with the membership of two judges from the Federal Supreme +Court, and the State's Supreme and Cassation Courts, nominated by the presidents of such +courts. +In the event that one of the members is unable to attend, the concerned court president +shall nominate a substitute judge. + +" +justice and juiciary,"Federal Law No. (10) of 2019 on Regulating Judicial Relations Among the Judicial, Federal and Local Authorities","Article (15) Competence of the Authority +The Authority shall be concerned with unifying the conflic ting judicial principles issued by +two or more of the supreme courts in the State, and it shall also be concerned with considering the requests to renounce a principle previously established thereby, in +accordance with the procedures specified in article ( 16) of this Law. + +" +justice and juiciary,"Federal Law No. (10) of 2019 on Regulating Judicial Relations Among the Judicial, Federal and Local Authorities","Article (16) Procedures of Submitting Requests to the Authority +Requests of unifying the judicial principles shall be submitted to the Authority with a reasoned report from any of the presidents of the supreme courts in the State, federal +Attorney -General or local public prosecutors, automatically or upon a request submitted to +the same by federal or local governmental bodies. The president of any of the State's +supreme courts may request the Authority, with a reasoned report and without th e request +being related to a specific appeal, to renounce a principle or principles previously + Page 6 established by the Authority. + +" +justice and juiciary,"Federal Law No. (10) of 2019 on Regulating Judicial Relations Among the Judicial, Federal and Local Authorities","Article (17) Meetings and Procedures of the Authority +1. The Authority shall convene, at the invitation of the president thereof, a regular meeting +per year and whenever the need arises, to consider the requests submitted thereto, where +its decisions, shall be issued, in all cases, by a majority of six of its members, and the +meetings thereof shall be held at the headquarters of the F ederal Supreme Court, or at the +headquarters of any of the local judicial authorities, when necessary. +2. Requests submitted to the Authority shall not impede the courts from adjudicating the +cases considered before the same. + +" +justice and juiciary,"Federal Law No. (10) of 2019 on Regulating Judicial Relations Among the Judicial, Federal and Local Authorities","Article (18) Binding Force of the Principles Established by the Authority +All Federal or Local Judicial Authorities of various degrees shall abide by the principles +established by the Authority. +Any subsequent judgment contravention of any of such principles shall be one of the grounds of appeal against such judgment by any of the legally prescribed methods. +In case a contravention of such principles is committed by one of the State's supreme +courts after the principle has been established by the Authority, the interested party may +request, within sixty days from the issuance of the violating judgment, from the Supreme Court that issued such judgment, to repeal this judgment and reconsider its appe al, +according to the principle established by the Authority. + +" +justice and juiciary,"Federal Law No. (10) of 2019 on Regulating Judicial Relations Among the Judicial, Federal and Local Authorities","Article (19) Organizing the Work of the Authority +The Authority shall issue a resolution on the system of work thereof, the procedures +followed before it, and the organization of the auxiliary bo dy thereof. + +" +justice and juiciary,"Federal Law No. (10) of 2019 on Regulating Judicial Relations Among the Judicial, Federal and Local Authorities","Article (20) Publication of the Principles Established by the Authority +Taking into consideration the Federal Law No. (1) of 1971 + concerning the Official Gazette +and the amendmen ts thereof, referred to herein, the principles issued by the Authority +formed in accordance with article (14) hereof, shall be published in the official gazette, +within 15 days from the day following the date of issuance thereof. + +" +justice and juiciary,"Federal Law No. (10) of 2019 on Regulating Judicial Relations Among the Judicial, Federal and Local Authorities","Article (21) Exceptions to the Application +This law shall not apply to the judgments issued against the authorities of the Emirates requested to implement or against one of employees thereof for actions taken thereby due +to the position, and the same shall not apply to the provisio ns that are incompatible with +the international treaties and agreements, by which the Emirate requested to implement is + Page 7 bounded, within the provisions of the Constitution. + +" +justice and juiciary,"Federal Law No. (10) of 2019 on Regulating Judicial Relations Among the Judicial, Federal and Local Authorities","Article (22) Repeals +1. Federal Law No. (11) of 1973 Regulating Judicial Relationships Amongst Member +Emirates of the Federation, referred to herein, shall be repealed. +2. Any provision contrary to or inconsistent with the provisions of this Law shall be +repealed. + +" +justice and juiciary,"Federal Law No. (10) of 2019 on Regulating Judicial Relations Among the Judicial, Federal and Local Authorities","Article (23) Publication and Entry into Force +This Law shall be published in the official Gazette and it shall come into force three months after the date of publication thereof. + +Signed +Khalifa Bin Zayed Al Nahyan +President of The United Arab Emirates +Issued by us at the Presidential Palace in Abu Dhabi: +On: 22 Rabi' al -Thani 1441 H +Corresponding to: December 19, 2019 AD + + " +justice and juiciary,Federal Law No. (5) Of 2022 Concerning Restitution,"Article (1) +Definitions +For applying the provisions of this law, the following terms and expressions shall have the +meanings assigned thereto respectively , unless the context requires otherwise: +Ministry Ministry of Interior +Minister Minister of Interior +Applicant The convicted person applying for Restitution + +" +justice and juiciary,Federal Law No. (5) Of 2022 Concerning Restitution,"Article (2) +Scope of Application +Every person convi cted on the grounds of a misdemeanor or a felony shall be rehabilitated in +accordance with the provisions of this Law. + +" +justice and juiciary,Federal Law No. (5) Of 2022 Concerning Restitution,"Article (3) +Types of Restitution +Restitution shall be classified in accordance with the provisions of this law as follows: +1. Legal Restitution ; and +2. Judicial Restitution . + +" +justice and juiciary,Federal Law No. (5) Of 2022 Concerning Restitution,"Article (4) +Legal Restitution +Subject to the provisions of article (5) of this Law, the Public Prosecution shall issue a legal +Restitution decision if a judgment of conviction has been rendered against the convict on the +grounds of a non -peace disturbing misdemeanor, and either the sentence has been executed or + + +Federal Law No. (5 ) of 2022 Concerning Restitution +3 a pardon has been issued in respect thereof . Should the judgment consider the convict a +recidivist, or if the penalty lapses on limitation grounds , then the convict shall be legally +rehabilitated after th e lapse of a period of six months following the date of execution of the +penalty or pardon, or upon lapse of the penalty on limitation grounds . + +" +justice and juiciary,Federal Law No. (5) Of 2022 Concerning Restitution,"Article (5) +Judicial Restitution +1. Subject to the provisions of article (4) of this law, judicial Restitution shall be awarded based +on a judgment by the competent court in respect of the crimes listed below, provided that one +of the following periods has lapsed following the date of completion of the execution of the +penalty or the issuance of a pardon: +a. Six-month s in the case of non -peace disturbing felonies; +b. One year in the case of misdemeanors and felonies which are disturbing the peace or +involving moral turpitude or breach of trust ; +c. Two years in respect of the fe lonies affecting state security; +d. The periods of time mentioned in this clause shall be doubled in the cases of recidivis m or +lapse of the sentence on limitation grounds . +2. The competent court referred to in Clause (1) of this Article shall be determined based on a +resolution of the Minister of Justice or the head of the local judicial authority , as the case may +be. +3. Misdemeanors and felonies which are disturbing the peace or involving moral turpitude or +breach of trust shall be defined by a special commission formed under a Cabinet resolution +whose terms of reference and work mechanism and the approval of its recommendations +4. Misdemeanors and felonies disturbing the peace or involving moral turpitude or breach of +trust shall be determined by a special committee formed by a Cabinet resolution specifying + + +Federal Law No. (5 ) of 2022 Concerning Restitution +4 its terms of reference and work and recommendation approval mechanism, based on the +Minister’s proposal with i ts membership includ ing representatives of the concerned +authorities in the State. + +" +justice and juiciary,Federal Law No. (5) Of 2022 Concerning Restitution,"Article (6) +Calculation of Restitution Period +1. If the penalty is coupled with a non -custodial measure, then the period shall begin from the +date of the release of the convict, provided that t he latter complies with the non -custodial +measure. +2. If the convict has been released conditionally , the period shall start from the date of his +release, unless he has committed any crime until the conditional release becomes final. +3. Notwithstanding the provisions of Clauses (1) and (2) of this article, if the non -custodial +measure is imposed in connection with a felony affecting the security of the state, then the +period shall start from the day on which the measure has been completely executed , but if +the measure is imposed in connection with any peace disturbing felony , then the period shall +commence from the day on which the measure execution ends or from the day on which the +conditional release becomes final, whichever is longer. + + +" +justice and juiciary,Federal Law No. (5) Of 2022 Concerning Restitution,"Article (7) +General Conditions on Restitution +In order for the Restitution to be granted , the following conditions shall be satisfied: +1. That the convict meets all the financial obligations imposed on him in favor of the state or to +individuals, unless either such obligations have been fulfilled or the convict has proved that +he is in a state where he is unable to satisfy such obligations . + + +Federal Law No. (5 ) of 2022 Concerning Restitution +5 2. That i f several judgme nts are issued against the applicant , the Restitution shall not be granted +unless the conditions stipulated in this law are met in relation to each judgment on a case -by- +case basis , while the calculation of the period shall be based on the most recent judgment. +3. That the applicant for Restitution must be residing in the State at the time of submitting the +application. +4. That i f the convicted person has been jointly sentenced, it shall be sufficient for him to pay +his share of the debt , and , where applicable , the competent court shall determine his share of +debt required to be paid. + +" +justice and juiciary,Federal Law No. (5) Of 2022 Concerning Restitution,"Article (8) +Procedures for Applying for Restitution +1. The legal and judicial Restitution application shall be submitted to the Public Prosecution +having the jurisdiction over the district wherein the applicant resides , provided that the +application shall include the following: +a. The data required to identify the personality of the Restitution applicant; +b. The places of residence of the applicant from the date of his release or from the date of the +issuance of the judgment; +c. A copy of the judgment rendered against the applicant and the documents evidencing that +he has served the term of sentence, that the sentence has lapsed on limitation grounds, or +that the convict has been pardoned. +2. The Public Prosecution shall address the Ministry to provide it with the following data: +a. The applicant’s criminal record from the date of release or from the date of sentence; +b. A report on the applicant’s conduct during the execution period; +c. A report on his conditions in the places where he has been resid ing after execution; +3. The Public Prosecution shall examine the application to identify the conduct of the applicant +and shall obtain all the information it deems necessary . + + +Federal Law No. (5 ) of 2022 Concerning Restitution +6 4. In the event of legal Restitution , the Public Prosecution shall issue a legal Restitution decision. +5. In the event of judicial Restitution , the Public Prosecution shall submit the application to the +competent court, accompanied by a report setting out its opinion and the reasons on which +it is based, within a period not exceeding one month following the date of submi ssion of the +application. + +" +justice and juiciary,Federal Law No. (5) Of 2022 Concerning Restitution,"Article (9) +The Powers of Court when Considering an Application for Judicial Restitution +1. When examining a n application for Restitution , the competent court may hear the statements +of the Public Prosecution and the applicant . It may also obtain all the information it deems +necessary. The applicant shall be served with a notice to appear at least three days before the +hearing date . +2. The court shall issue a judgment to rehabilitate the applicant when the conditions for +Restituti on are met if it is convinced that the applicant’s conduct from the date of receiving +the sentence can be relied upon as a ground for ensuring his self -discipline . + +" +justice and juiciary,Federal Law No. (5) Of 2022 Concerning Restitution,"Article (10) +Rejection of the Application for Restitution +If an application for Restitution is rejected due to a reason related to the conduct of the convict, +it may only be renewed after a 6-month period following the date of rejection. In other cases, it +may be renewed when the necessary conditions are satisfied . +" +justice and juiciary,Federal Law No. (5) Of 2022 Concerning Restitution,"Article (11) +Registration of Restitution + + +Federal Law No. (5 ) of 2022 Concerning Restitution +7 The Public Prosecution shall send a copy of the judgment or the Restitution decision to the courts +issuing the sentence judgment, and shall take all necessary actions to have the judgment or +Restitution decision registered in the criminal systems established for this purpose. + +" +justice and juiciary,Federal Law No. (5) Of 2022 Concerning Restitution,"Article (12) +Revocation of the Restitution Judgment or Decision +1. The Restitution judgment or decision shall be revoked in the following cases : +a. If it is proven that other judgments have been passed against the convicted person while +they have not been brought to the attention of the court or the Public Prosecution. +b. If he is sentenced after being rehabilitated on the grounds of a crime that has occurred +before the Restitution being granted . +c. If the convicted person fails to comply with the measures imposed. +d. If the convicted person fails to comply with the terms and conditions of conditional +release. +2. An application to annul the judgment or decision issued for Restitution shall be submitted by +the Public Prosecution. +3. The judgment or decision for revocation shall be issued by the court or the Public Prosecution +as the case may be. + +" +justice and juiciary,Federal Law No. (5) Of 2022 Concerning Restitution,"Article (13) +Effects Arising from Restitution +Restitution shall give rise to the following: +1. Termination of all the criminal effects arising from the conviction judgment in relation to the +future; + + +Federal Law No. (5 ) of 2022 Concerning Restitution +8 2. Termination of the consequence s involving lack of legal capacity and deprivation of rights. + +" +justice and juiciary,Federal Law No. (5) Of 2022 Concerning Restitution,"Article (14) +Invocation of Restitution +Restitution may not be invoked against third parties with regard to the rights that accrue to them +based on the conviction judgment , and in particular with regard t o refund of amounts and +compensation . + +" +justice and juiciary,Federal Law No. (5) Of 2022 Concerning Restitution,"Article (15) +Prior Convictions not Requiring Restitution +For the purpose of this law, the judgments rendered in respect of the following crimes shall not +be classified as prior convictions for which Restitution is required: +1. Offenses for which the relevant laws stipulate that they are not considered as criminal +convictions ; +2. Crimes for which the punishment prescribed in the law or the court -ordered penalty is a fine, +a non -custodial sentence; +3. Offenses of juvenile delinquents or those at risk of delinquency; +4. Crimes for which a stay of execution has been issued; +5. Crimes for which a penal writ is issued; +6. Crimes terminated on the grounds of penal conciliation or reconciliation. + +" +justice and juiciary,Federal Law No. (5) Of 2022 Concerning Restitution,"Article (16) + Police Clearance Certificate (PCC) +The mechanism for issuing a Police Clearance Certificate, and the rules, procedures and forms +related thereto, shall be regulated by a resolution of the Minister based on the recommendation + + +Federal Law No. (5 ) of 2022 Concerning Restitution +9 of an ad hoc committee to be formed by his resolution and shall have members from the bodies +concerned. + +" +justice and juiciary,Federal Law No. (5) Of 2022 Concerning Restitution,"Article (17) +Fees +The Cabinet shall issue a decision specifying the fees necessary to implement the provisions of +this law. + +" +justice and juiciary,Federal Law No. (5) Of 2022 Concerning Restitution,"Article (18) +Repeals +1. Federal Law No. (36) of 1992 concerning Restitution shall hereby be repealed. +2. Any provision that contradicts or conflicts with the provisions of this law shall hereby be +repealed . +3. The resolutions and regulations in force prior to the entry into force of the provisions of this law shall continue in full force and effect a manner that does not conflict with its provisions +hereof until their substitute resolutions and regulations are issued in accordance with the +provisions of this law. + +" +justice and juiciary,Federal Law No. (5) Of 2022 Concerning Restitution,"Article (19) +Publication and Entry into Force +This law shall be published in the Official Gazette and shall enter into force three (3) following +the date of its issuance . + + + + + + + +Federal Law No. (5 ) of 2022 Concerning Restitution +10 Mohammed bin Zayed Al Nahyan, +President of the United Arab Emirates + +Issued by us at the Presidential Palace – Abu Dhabi +On 19 Ju mada Al -awwal 1444 (AH) +Corresponding to 13 Dece mber 2022 + " +justice and juiciary,Cabinet Resolution No. (8) of 2023 Extending the Period for Status Regulation for those Subjected to the Provisions of Federal Decree by Law No. (46) of 2021 Concerning Electronic Transactions and Trust Services,"Article (1) +The period for status regulation, stipulated in article (50) of Federal Decree by Law No. (46) of 2021 Concerning Electronic Transactions and Trust Services, shall be extended for an +additional year beginning from 02 January 2023. + +" +justice and juiciary,Cabinet Resolution No. (8) of 2023 Extending the Period for Status Regulation for those Subjected to the Provisions of Federal Decree by Law No. (46) of 2021 Concerning Electronic Transactions and Trust Services,"Article (2) +The Chairman of the Telecommunications and Digital Government Regulatory Authority shall +implement this Resolution, and it shall be published in the Official Gazette. + + + Cabinet Resolution Extending the Period for Status Regulation for those Subjected to the Provisions of Federal +Decree by Law Concerning Electronic Transactions and Trust Services 2 + Mohammed bin Rashid Al- Maktoum +Prime Minister + +Issued by us, +On: 15 / Rajab / 1444 A.H. +Corresponding: 06 / February / 2023 AD . + + " +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (1) +Definitions +For the purpose of applying the provisions of this Decree -Law, the following words and +expressions shall bear the meanings assigned thereto respectively, unless the context +requires otherwise: +State : The United Arab Emirates. +Federal Decree- Law of 2023 on Mediation and Conciliation in Civil and Commercial Disputes 2 + Council : The Federal Judicial Council. +Department : The Federal Judicial Inspection Department. +Center : A Mediation and Conciliation Center. +Parties : Parties to disputes referred to Mediation or Conciliation. +Mediation : An optional and alternative method for amicable settlement of +civil and commercial disputes that have arisen or might arise +between Parties to a legal contractual or non- contractual +relationship, by engaging a neutral third party (Mediator), +whether such M ediation is based on the mutual consent of the +parties involved or a court order. +Court -Ordered +Mediation : Mediation intended to resolve a dispute after having first resorted to litigation under a referral decision by the Competent +Court and at any stage of the case, whether at such court's +proposal accompanied by the Parties' approval, or at the Parties' request. +Consensual Mediation : Mediation that is directly sought by the Parties involved to have a dispute resolved before resorting to litigation, in pursuance of the +Mediation Agreement. +Mediation +Agreement : A written agreement between the Parties to resort to Mediation +to have their dispute resolved, whether such agreement takes +place before or after the dispute. +Mediator : A natural or legal person engaged by the Parties or the Center to +perform a mediation mission for amicable resolution of their +dispute; provided that such Mediator is listed in the Center's +Mediator List. +Federal Decree- Law of 2023 on Mediation and Conciliation in Civil and Commercial Disputes 3 + Mediator List : Lists created by the Department or a local judicial authority, as +the case may be, and in which names of registered Mediators are listed. +Private +Mediator : A natural or legal person engaged by the Parties to perform a +mediation mission for amicable resolution of their dispute, +without being listed in the M ediator Lists. +Mediation Costs : Administrative expenses for the Mediation and fees payable to the Mediator for the Mediation. +Mediator's Fees : The remuneration payable to the Mediator to perform their mission. +Competent +Court : The trial court having the jurisdiction to hear the case. +Supervising Judge : The judge supervising the Center. +Conciliation : An alternative method for amicable resolution of disputes that must be sought before a case is registered in the instances +defined under article (27) hereunder, or while the case is being +heard before the court at the request of the Parties in the +instances other than the above ones; where a neutral third party +(Conciliator) is engaged in an attempt to reach a settlement +agreem ent signed by, and binding on, the Parties. +Conciliator : A person appointed to, or assigned at the Center to settle a +dispute by way of Conciliation. +Settlement : Reconciliation reached by the Parties through Mediation or +Conciliation, and the minutes thereof shall be approved by the +Federal Decree- Law of 2023 on Mediation and Conciliation in Civil and Commercial Disputes 4 + Supervising Judge. +Settlement +Agreement : A document executed by the Mediator or Conciliator and signed +by the Parties, and sets out the settlement reached by the Parties +for amicable resolution of their dispute, in whole or in part. +Mediation +and +Conciliation +E-Platform + : An electronic system through which all Mediation and +Conciliation procedures are made. + +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (2) +Establishment of the Centers +1. The Council or the president of the local judicial authority, as the case may be, may +establish one or more Centers for Mediation and Conciliation within the jurisdiction of +the courts of first instance. The establishment resolution shall determine the +administrative subordination of the Center and the entity in charge of supervising and controlling the same. +2. The chairman of the Council or the p resident of the local judicial authority, as the case +may be, shall issue the regulations governing the operation of the Centers, including the +territorial jurisdiction of each Center, in case of multiple Centers established within the +jurisdiction of the court of first instance, or may entrust one Center with multiple +jurisdictions, as the case may be. +3. The Council or local judicial authority may create one or more Mediation and +Conciliation E -Platforms, whose procedures and work system shall be determ ined by +virtue of a resolution of the chairman of the Council or the president of the local judicial +Federal Decree- Law of 2023 on Mediation and Conciliation in Civil and Commercial Disputes 5 + authority, as the case may be. +4. Private Mediation Centers may be established or Foreign Mediation Centers' branches +may be licensed. The Cabinet shall issue a resolution, at the proposal of the Minister of +Justice after coordinating with the local judicial authorities, determining their rules of +procedure, license conditions, licensing authority and registration of Mediators in the +same, as the case may be. +5. The Department or local judicial authority, as the case may be, shall develop the general +policies of the Mediation and Conciliation Centers, and may monitor their work. + +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (3) +Service of Process +The service of process methods set forth in the Federal Code of Civil Procedure shall apply to the Mediation procedures, unless otherwise agreed by the Parties. + +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (4) +Remote Mediation and Conciliation +The Mediator and the Conciliator may each conve ne Mediation and Conciliation meetings +remotely using electronic and remote communication means, in accordance with the +controls and procedures issued under a resolution of the Minister, upon the approval of the +Council or the president of the local judicial authority, as the case may be. + +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (5) +Confidentiality of Information +1. The procedures of both the Mediation and the Conciliation shall be confidential. The +Federal Decree- Law of 2023 on Mediation and Conciliation in Civil and Commercial Disputes 6 + Mediation and the Conciliation or the documents and information presented therein or +the agreements or compromise made by the Parties involved may not be invoked before +any court or any entity whatsoever. The Center, the Mediator, the Conciliator, the Parties +and any person involved in the Mediation and Conciliation may not disclose any +info rmation received during the Mediation and Conciliation procedures without the +consent of all Parties involved or where the law requires reporting any crime within the +scope of the Mediation or Conciliation mission undertaken by the same, as the case may +be. +2. The rules of confidentiality and invocation set forth in Clause (1) above shall not apply to the provisions of the Settlement Agreement and the documents necessary to enforce it. +3. In the event that the Mediator or Conciliator v iolates the confidentiality rules, as set forth +in this Article, the aggrieved party may resort to the Center to have the disciplinary +penalties set forth in article (40) hereunder imposed, without prejudice to the provisions +of civil and criminal liabilit y. + +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (6) +Prohibitions for the Mediator and Conciliator +It shall be prohibited for both the Mediator and the Conciliator to: +1. Serve as an arbitrator or expert in the dispute, or to accept to be an attorney in litigation +against any of the Partie s regarding the dispute under consideration in the Mediation or +Conciliation or matters emanating from, even after the conclusion of the Mediation or Conciliation procedures, unless otherwise agreed by the Parties in relation to the +Mediation; +2. Give testimony against a Party to the dispute on the same subject of the dispute under consideration in the Mediation or Conciliation and matters emanating from, even after +Federal Decree- Law of 2023 on Mediation and Conciliation in Civil and Commercial Disputes 7 + the conclusion of the Mediation or Conciliation procedures, unless the same is +authorized by the stakeholder or otherwise agreed by the Parties, unless the testimony is +related to a crime; and +3. Perform the role of Mediation or Conciliation in a dispute to which one of the Parties is a +spouse or a relative by blood or marriage up to t he fourth degree. + +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (7) +Res Judicata +1. Subject to the provisions of article (14) hereunder, no person may resort to Mediation in +case of prior recourse to Conciliation, pursuant to the provisions of this Decree -Law. +2. Notwithstanding the provisions of article (30) hereunder, a dispute may not be referred +to Conciliation as long as the Mediation has been sought settle the subject thereof, +pursuant to the provisions of this Decree -Law. + +Section Two +Mediation for Settlement of Civil and Commercia l Disputes +Chapter One + Scope of Application +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (8) +1. The Mediation may be carried out in respect of all civil and commercial disputes in which the Settlement is possible, in such a manner that does not contradict the +applicable legislation, public order or public morals in the State, subject to the provisions of article (28) hereunder, without prejudice to the provisions of local laws governing the +Mediation provisions. +Federal Decree- Law of 2023 on Mediation and Conciliation in Civil and Commercial Disputes 8 + 2. The Mediation may c over the subject of the dispute in whole or in part. +3. The Mediation provisions set forth in this Chapter shall apply if: +a. The Mediation procedures are initiated in the State; and +b. The Mediation is related to an international commercial dispute outside the State +and the Parties agree to have the same governed by the provisions of this +Decree- Law. + +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (9) +Mediation Agreement +1. The Mediation Agreement may be executed in any of the following forms: +a. Prior to the occurrence of the disput e, whether the agreement is standalone or is +included in a particular contract on all or part of the disputes that may arise out between the Parties; or +b. Subsequent to the occurrence of the dispute, even if a case has been instituted in +respect of which. +2. The Mediation Agreement may be entered into only by a natural person who is legally +capacitated to dispose of rights, or by a representative of a legal person who is duly +authorized to enter into the Mediation Agreement; otherwis e, the Mediation Agreement +shall be null and void. The Mediation Agreement shall not cease to exist upon the death of a Party or termination of its legal personality, in which case, the Mediation Agreement +may be implemented by or vis -à-vis the legal succe ssor of such Party, unless otherwise +agreed by the Parties. +3. The Mediation Agreement shall be executed in writing and signed by the Parties thereto, +whether under a private or public agreement, contained in messages or other means of +written communicat ions, made under an electronic communication, pursuant to the +Federal Decree- Law of 2023 on Mediation and Conciliation in Civil and Commercial Disputes 9 + provisions of the legislation governing electronic transactions in the State, or recorded in +court transcripts, whether the document thereof is in a hard or soft copy format; otherwise it shall be null and void. +4. An explicit reference in a written contract to the provisions of a standard contract or to +any other document that includes a Mediation clause shall serve as a written Mediation +Agreement if suc h reference expressly incorporate such clause into the contract. +5. The Mediation Agreement shall define the subject of the dispute under consideration in +the Mediation and shall also indicate the appointment or appointment method of the +Mediator. The ag reement may also provide that the Mediation procedures are to be +conducted in a language other than Arabic. In such case, the documents and statements submitted shall be translated into Arabic, pursuant to the provisions of the federal law regulating the t ranslation profession. + +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (10) +Mediator Lists +1. The Department or the local judicial authority shall create lists for listing Mediators from amongst those listed in the expert rosters of the Ministry of Justice or local judicial +authorities, as t he case may be. Such lists may contain (experienced Mediators) to be +nominated based on a resolution of the Council or the president of the local judicial authority, as the case may be. They shall be selected from amongst retired members of +the judicial au thority, lawyers enrolled in the rosters of practicing and non -practicing +lawyers who practiced the profession for at least (5) five years prior to the enrollment in +the roster of non -practicing lawyers and other high- caliber professionals and +international experts in the legal and business field, who are known for their expertise, integrity and neutrality. +Federal Decree- Law of 2023 on Mediation and Conciliation in Civil and Commercial Disputes 10 + 2. The conditions, procedures and durations of listing and renewal of listing in the +Mediator Lists and selection and delisting of Mediators shall be established under a +resolution of the Council or president of the local judicial authority. + +Chapter Two +Consensual Mediation +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (11) +Recourse to Consensual Mediation +1. In order to enforce the Mediation Agree ment, the Parties may directly resort to the +Center to settle their dispute before a case is instituted. +2. Subject to the provisions of article (9) above, the Mediation Agreement shall provide for the Mediation language, subject of the Mediation, appointment of, or stipulating the +method of appointment of Mediator(s) and determining their remunerations and who +should pay the same; otherwise the agreement shall be null and void. +3. The commencement of the Consensual Mediation procedures shall suspend le gal and +judicial time limits, which shall take effect again only upon the conclusion of the +Mediation, unless the same is concluded by signing the settlement agreement by the +Parties. + +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (12) +Procedures of the Consensual Mediation +1. The application shall be submitted on the designated form to the Supervising Judge, accompanied by the Mediation Agreement and any documents related to the subject of +the dispute. +Federal Decree- Law of 2023 on Mediation and Conciliation in Civil and Commercial Disputes 11 + 2. The application shall include the following: +a. The desire of one or all of the Parties to resort to the Mediation, an undertaking by +the Mediation applicant to appear at the scheduled Mediation sessions, and +providing the appointed Mediator with the necessary information and documents on +the referred d ispute; +b. Subject of the Mediation; +c. Appointment of a Private Mediator under the Mediation Agreement, and may be +from among those listed in the Mediator Lists; and +d. The agreed Mediation duration, which may not exceed three (3) months from the date of the mediator's acceptance of the mission, and is renewable for a similar +duration, but only once, under a decision by the Supervising Judge based on an +agreement to be concluded by the Parties, in accordance with the same conditions +set forth in article (9) above. +3. Subject to the provisions of article (3) above, the Center shall serve upon the rest of the Parties involved the application to implement the Mediation Agreement, and also the +Private Mediator if they are appointed by agreement. +4. The Supervising Judge shall have the same powers as the Competent Court in terms of assessing the Mediation Costs, appointment of the Mediator, receiving the Mediator's reports and approving the Settlement Agreement, as set out in Chapter III of Part II +hereunder. +5. Where no particular provision is provided in this Chapter, the provisions and procedures +set forth in Chapter III of Part II hereunder apply to the Consensual Mediation. + + + +Federal Decree- Law of 2023 on Mediation and Conciliation in Civil and Commercial Disputes 12 + " +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (13) +Effects of Recourse to the Consensual Mediation +1. The court, with which a case is filed regarding a dispute already referred to the Mediator +pursuant to the Mediation Agreement, shall decide that the case be suspended until the +Mediation Procedures are completed, provided that the defendant invokes the same +before filing any motion or plea on the case merits, unless the court finds that the +Mediation Agreement is null and void and is impossible to be implemented. +2. Instituting the case referred to in Clause (1) above shall not preclude the commencement or continuation of the Consensual Mediation procedures. + +Chapter Three +Court -Ordered Mediation +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (14) +Decision on Referral to Mediation +1. Notwithstanding article (7) above, the Competent Court may issue a decision to refer a +dispute to Mediation at any stage of the case, based on the court's proposal coupled with +the approval of the Parties, based on the request of the Parties or pursuant to the +Mediation Agreement. +2. The Competent Court shall mention the following details in the decision of referral to +Mediation: +a. The Parties' approval to resort to Mediation, their undertaking to appear at the +scheduled hearings and providing the appointed Mediator with the information and +documents relating to the dispute referred to Mediation; +b. Subject of Mediation; +Federal Decree- Law of 2023 on Mediation and Conciliation in Civil and Commercial Disputes 13 + c. Mediation duration, which may not exceed (3) three months from the date of +notifying the appointed Mediator of the mission, renewable for a similar duration, only once, under a decision by the Competent Court at the request of the appointed +Mediator and subject to the approval of all Parties; and +d. Initial Mediation Costs and how they are divided between the Parties. +3. Referral decisions issued by the Competent Cour t may not be challenged by any of the +ordinary or extraordinary methods of challenge. +4. All legal and judicial time limits shall be suspended once the referral decision is issued +and shall take effect again after the Mediation is closed. In addition, during the +Mediation period, the Competent Court may take necessary measures and actions to +safeguard the rights of the Parties and issue urgent or interim decisions it deems necessary. +5. Upon the conclusion of the Mediation, the Competent Court shall sch edule a hearing to +hear the case. + +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (15) +Appointment of Private Mediator +1. If the Mediation Agreement designates a Private Mediator, the Competent Court shall +observe such designation upon issuing the referral decision, and the Center shall notify +such Mediator of the referral decision within (5) five days from the date of issuing the +decision. +2. The Private Mediator shall sign a document proving their acceptance of the Mediation +mission, and a document proving their neutrality and independence towards the Parties +and the subject of the dispute, and that they had not expressed an opinion on the subject +of the dispute, within three (3) business days starting from the notification date. In the +Federal Decree- Law of 2023 on Mediation and Conciliation in Civil and Commercial Disputes 14 + course of the Mediation, the Mediator shall notify the Center in writing, via an electronic +means or by hand of any facts or circumstances t hat have arisen or may arise that would +cause either Party to cast doubts on their neutrality or independence. In which a case, +the procedures set out in Clause (2) of article (16) hereunder shall be applicable. +3. The Private Mediator may determine their fees in agreement with the Parties to the dispute. In case the dispute is concluded by a settlement agreement, the plaintiff shall be +refunded the legal fees paid by the same, as set out in Clause (2) of article (26) +hereunder. + +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (16) +Appointment of Mediator from Mediator Lists +1. In case the Mediation Agreement does not designate a Private Mediator or where the Private Mediator rejects the mission, the Competent Court shall order the Parties to +appoint a substitute Mediator within th e time limit set by the same. If such appointment +is impossible, the Competent Court may assign one or more Mediators from among the names listed in the Mediator Lists, and the Parties shall be notified of the same not later than five (5) business days following the issuance date of the referral decision, and the +Parties shall agree with the appointed Mediator on the latter's fees within (3) three +business days following the date of being notified of the referral decision. +2. In case either Party objects to, and requests the disqualification of the appointed +Mediator, or where the Mediator is removed, steps down, passes away or fails to keep +performing their mission for any reason whatsoever at any stage of the Mediation, the +Competent Court shall appoint a substitute Mediator from the ones listed in the +Mediator Lists, within five (5) business days following the approval date of the Mediator +disqualification, the date of the Mediator's removal, recusal, death or notification of +Federal Decree- Law of 2023 on Mediation and Conciliation in Civil and Commercial Disputes 15 + being unable to resume their mission. +3. In all cases, the appointed Mediator shall abide by the rules of neutrality and +independence towards the Parties and the subject of the dispute. + +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (17) +Recusal, Removal and Disqualification of Mediator +1. The Mediator shall, sua sponte, step down or recuse from proceeding with the +Mediation procedures if there is any cause between them and either Party to the dispute +that would make them sense embarrassment, or cause the inability to proceed with the settlement procedures without bias in favor of either Party, unless otherwise agreed. +2. Both Parties may request the Competent Court to remove the Mediator in any of the following cases: +a. If the Mediator has a reason that would compromise their neutrality, integrity or independence towards any of the Parties or on the subject of the dispute; +b. If the Mediator fails or ceases to perform their mission in such a manner that would give rise to unnecessary procedural delay, or the Mediator is found disqualified; and +c. If the Mediator breaches the confidentiality obligation set out in article (5) above. +3. The decision issued by the Competent Court shall be unchallengeable by any channel o f +challenge. + +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (18) +Mediation Procedures +1. The Mediator shall notify the Parties to the dispute of the Mediation sessions, and shall notify them or their legal representatives of dates and venues of the Mediation sessions +through any of the legally prescribed means of notification, including electronic means. +Federal Decree- Law of 2023 on Mediation and Conciliation in Civil and Commercial Disputes 16 + 2. The Parties to the dispute shall attend the Mediation sessions e ither in person or through +their legal representatives under a special power of attorney. If either party is a legal +person, its legal representative or attorney -in-fact shall attend. In addition, the Parties +may engage advisors to attend the sessions with them. The Mediator may determine the +number of attendees accompanying each Party, as they deem appropriate, for facilitating +the Mediation depending on the circumstances and nature of the dispute. Persons other +than those involved in the dispute may atten d the Mediation sessions only with the +approval of all Parties. +3. Before the convention of the first meeting, as scheduled by the Mediator, each party to +the dispute shall, before a reasonable time, furnish to the Mediator a brief statement +containing a summary of their claims or pleas, accompanied by the supporting +documents and evidence. Such statements and documents may not be exchanged +between the Parties. + +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (19) +Mediation Sessions +1. In the course of Mediation sessions, the Mediator may ho ld discussions collectively with +all the Parties involved, discuss with them the subject of the dispute and their claims and +pleas, and take whatever actions they deem appropriate to bring their points of view +closer to each other in order to reach an amic able resolution. To that end, the Mediator +may express their opinion if requested by the Parties, evaluate the documents and evidence furnished by the Parties and introduce judicial principles relating to the dispute +... etc. for facilitating the Mediation . +2. The Mediator may hold private sessions with each Party involved in the Mediation, but may not disclose to the other Party any information that comes to their knowledge at +Federal Decree- Law of 2023 on Mediation and Conciliation in Civil and Commercial Disputes 17 + such sessions without the prior approval of the disclosing Party. +3. As for multiparty disputes, the Parties may, subject to the Competent Court's approval, +agree that the Mediation procedures continue although a Party abstains, in whatever +way, from involvement, unless such abstention would adversely impact the proper +admi nistration of the Mediation and the settlement of their dispute. + +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (20) +Powers of Mediator +1. The Mediator shall have no investigation power. The Mediator may, in agreement with +all Parties and for the purposes of the Mediation, hear third parties, subject to the latter's +consent. +2. Subject to the provisions of article (3) above, in order to perfor m their mission, the +Mediator may access to papers, documents, records and other evidence and to accept +any evidence furnished by the Parties, unless the same contradicts the public order or +morals, without being bound by the Laws of Civil Procedure, Legal Profession and +Evidence, and without being bound by the normal business hours. +3. The Mediator may engage the experts recorded in the expert rosters of the Ministry of Justice or local judicial authorities, as the case may be, or any other experts to be agreed +by the Parties for providing technical and technological consultancy. The Mediator shall determine the expert's fees and the functions to be performed by him and shall give an +opinion in respect thereof. The Competent Court shall decide on the expe rt's fees if the +same is a matter of dispute, in conformity with the provisions of the Law of Evidence on +Civil and Commercial Transactions. + + +Federal Decree- Law of 2023 on Mediation and Conciliation in Civil and Commercial Disputes 18 + " +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (21) +Termination of Court -Ordered Mediation +1. The Mediation shall terminate in any of the following cases: +a. The Parties sign a settlement agreement; +b. The Parties agree to terminate the Mediation before reaching a settlement agreement +for any reason whatsoever; +c. A Party notifies the Mediator or the Center that they are not desirous to be involved +or to continue in the Mediation; +d. The Mediator notifies the Center, in writing or electronically, that the Mediation is +infeasible and that there is no possibility to reach a resolution of the dispute; +e. The Mediator notifies the Center, in writing or electronically, of termination of the Mediation due to the absence of a Party for two consecutive Mediation sessions +without an excuse; and +f. Where the Mediation duration expires without renewal. +2. In all cases, upon the termination of the Mediation, the Mediator shall deliver to each +Party the stat ements and documents submitted by the same, and may not keep them or +a copy thereof. The Mediator shall send to the Center a written or electronic report of the +outcome of the Mediation, within three (3) business days from the date of the +termination of th e Mediation for any reason. The Center shall provide the Parties and the +Competent Court, within (3) three days, of the report and the outcome of the Mediation. + +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (22) +Failure to Reach Settlement +If the Mediator fails to reach a settlement of the dispute for any reason whatsoever within +the timeframe specified in the referral decision, the Mediator shall furnish a report to the +Federal Decree- Law of 2023 on Mediation and Conciliation in Civil and Commercial Disputes 19 + Center stating the failure to reach a settlement and describing how far the parties and their +attorneys are committed to attending the scheduled sessions. The Parties shall be given a +statement on the actions taken on the same, and the dispute file shall be referred to the +Competent Court. In which case, the Competent Court s hall assign the case to hearings for +reconsideration, with no need for new service of process. + +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (23) +Ratification of Settlement Agreement +1. If, upon the conclusion of the Mediation, the Parties reach a settlement of the dispute, in +whole or in part, the Mediator shall furnish a report to the Center accompanied by the +settlement agreement signed by the Parties for ratification. In turn, the Center shall +submit both the report and the agreement to the Competent Court within (3) three +business days. +2. The Competent Court shall ratify such agreement and issue a decision terminating the dispute, in whole or in part, as the case may be, at a hearing to be scheduled within (7) +seven business days from the date of receiving the settlement agreement. A fter the +ratification, the agreement shall serve as a writ of execution and may be appended by +the writ of execution, at the request of all Parties or one of them, in the light of the +provisions of the settlement agreement submitted to the Court. In addition, the ratified +agreement shall be executed according to the procedures set out in the Federal Law of +Civil Procedure. + +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (24) +Objection to Settlement Agreement +1. The objection to both a ratified settlement agreement and a judicial dispute termination +Federal Decree- Law of 2023 on Mediation and Conciliation in Civil and Commercial Disputes 20 + decision may be accepted only by way of filing a case for, or invoking nullity in the +course of examining the agreement ratification application. In addition, the nullity applicant shall prove any of the following grounds: +a. If a party to the settlement agreement is incapacitated or with reduced capacity at the +time of concluding the agreement; +b. If there is no settlement agreement, the agreement is void or voidable or is made +after the expiration of the Mediation term; or +c. If either party fails to present defense due to invalid notification of the Mediation +procedures or being unaware of the same for any other reason beyond their +reasonable control. +2. A judgment rendered by the Court on the nullity case shall be final and is challengeable +only by way of cassation. +3. The nullity case may not be heard following the lapse of thirty (30) days following the date on which the judicial dispute termination decision is served to the nullity applicant. +4. The judgment of n ullity shall terminate the ratified settlement agreement, in whole or in +part, depending on whether the nullity is full or partial. If a judgment is rendered to +interpret the part declared null, such judgment shall also be null. +5. Unless otherwise agreed by the Parties, the Mediation Agreement shall remain effective, +pursuant the provisions of this Decree -Law, after the ratified settlement agreement is +nullified. + +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (25) +Probative Force of Ratified Settlement Agreement +Subject to article (24) above, a ratified settlement agreement shall be binding on, and +irrevocable by the Parties, and shall have the same probative force of court judgments. +Federal Decree- Law of 2023 on Mediation and Conciliation in Civil and Commercial Disputes 21 + Hence, the merits and grounds of the same dispute between the same Parties may n ot be +brought again to the Court, and the Court shall order such probative force sua sponte. + +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (26) +Mediation Costs +1. Notwithstanding the provisions of article (29) hereunder, the Parties shall directly pay +initial Mediation Costs, in full, to t he Center before proceeding with the Mediation +procedures, as described in the referral decision. +2. When the Mediator's mission is over and the dispute is fully settled, all Parties may be +refunded the legal fees paid, and they may be refunded half of t he legal fees paid in case +the dispute is partially settled. +3. Subject to Clause (3) of article (15) and Clause (1) of article (16) above, in all cases, the +Competent Court shall assess the non- agreed final Mediation Costs binding on the +Parties under an order on petition. Such costs shall be divided and distributed between the Parties either equally or in proportion to their respective interests in the case, at the +discretion of the Court. The Co urt may also order either or both parties to bear such costs +in full, and shall authorize the Private Mediator to receive the fees due to them deposited +in the Court's treasury. +4. If the Mediator fails to reach a settlement for the dispute, the Competen t Court shall +issue an Order on Petition obligating the Parties to pay the final Mediation Costs, as +mentioned in the Mediation Agreement and the referral decision. The order on petition +shall be issued at the request of the Parties or the Mediator and shall be filed in the same +Mediation File. The Competent Court may also order the party causing the Mediation to +be failed, due to their absence of the Mediation sessions, to pay the Mediation costs in +full. +Federal Decree- Law of 2023 on Mediation and Conciliation in Civil and Commercial Disputes 22 + 5. The Parties and the Mediator may each file a g rievance against the costs assessment +decision, within five (5) business days following the decision notification date. Such +grievance shall be based on a report to be filed with the case management office and +shall give rise to the stay of execution of th e costs assessment decision. The grievance +shall be decided on by a different judge or chamber of the competent court after hearing +the Grievant's evidence, within a time limit not exceeding (7) seven business days from +the date of the grievance report. Th e decision made on the grievance shall be final and +unchallengeable by any channel of challenge. + +Section Three +Conciliation in Civil and Commercial Disputes +Chapter One +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (27) +Scope of Application +1. Subject to the provisions of article (28) here under, the Center shall be obligatorily +competent to conciliate the following civil and commercial disputes: +a. Disputes whose value does not exceed (AED 5,000,000) five million dirhams; and +b. Disputes to which Parties are spouses or relatives up to the fourth degree, regardless +of their value. +2. Litigants may agree to resort to the Center for conciliation in civil and commercial disputes whose value exceeds (AED 5,000,000) five million dirhams, whether before the case is instituted or in the course of hearing thereof. + + +Federal Decree- Law of 2023 on Mediation and Conciliation in Civil and Commercial Disputes 23 + " +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (28) +Disputes that May not be Settled through Conciliation +The following disputes do not fall within the Center's competence: +1. Summary and interim orders and cases; +2. Cases to which the Government is a party; +3. Rental cases heard by rental dispute committees; +4. Labor cases; +5. Personal status cases; and +6. Any other cases decided to be heard before a center, committee or other body with +similar competence + +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (29) +Fees +No fees are payable for disputes and applications submitted to the Center. + +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (30) +Implications of the Center's Competence of Conciliation +1. No case may be registered in courts where a Center has been established for cases that +obligatorily fall within the Center's competence, pursuant to the provisions of Clause (1) of article (27) above without being referred thereto, and a statement of actio ns made +thereon is issued. +2. If the Competent Court refers a case heard before it to the Center, based on the +agreement of the litigants, and the case value exceeds (AED 5,000,000) five million +dirhams, the chief judge may return the fee paid before it in the event that the dispute is +Federal Decree- Law of 2023 on Mediation and Conciliation in Civil and Commercial Disputes 24 + concluded by Conciliation. If the Center decides to refer the case again to the court, the +previously paid fee shall be sufficient. +3. All legal and judicial time limits set forth in laws in force in the State shall be su spended +from the date of the dispute registration in the Center, and shall take effect again only +upon the conciliation conclusion. + +Chapter Two +Practicing as Conciliators and Conciliators' Functions and Obligations +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (31) +Conditions for Practicing as Conciliators +By virtue of a resolution by the chairman of the Council or the president of the local judicial +authority, as the case may be, the conditions for practicing as Conciliators and their +qualification shall be determin ed, and shall include the following: +1. Must have not lost his capacity, and must have never been convicted in a crime +involving moral turpitude or dishonesty, even if he has been rehabilitated; +2. Must be a person known for his integrity, impartiality and expertise; and +3. Must have successfully passed the prescribed courses and tests established by a +resolution of the Council or the president of the local judicial authority, as the case may +be. + +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (32) +Resolution for Practicing as Conciliators +1. A resolution for appointment or assignment of Conciliators shall be issued by the Minister or the president of the local judicial authority, as the case may be. +Federal Decree- Law of 2023 on Mediation and Conciliation in Civil and Commercial Disputes 25 + 2. The Cabinet or the competent local authorit y shall issue a special regulation for salaries +of appointed and assigned Conciliators, at the proposal of the Council or the president of +the local judicial authority. +3. The appointed or assigned conciliator shall take the legal oath of office to perfo rm his +job with honesty and faithfulness before the president of the chamber of the competent +judicial authority or his delegate. + +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (33) +Operating Procedures of Conciliators +1. The Parties shall attend Conciliation sessions in person or through t heir legal +representatives. The Conciliator shall schedule the date of each session, and shall notify +the Parties to the dispute or their representatives of the session date and venue. +2. The Conciliator shall meet the Parties at the scheduled sessions and discuss with the +them the subject of the dispute and their requests and pleas, and may take whatever +actions he deems appropriate to bring their points of view closer to each other in order +to reach an amicable re solution. To that end, the Conciliator may express his opinion, +evaluate the documents and evidence furnished by the Parties and invoke judicial +principles and other measures that facilitate the Mediation. +3. Subject to the provisions of article (3) abov e, in order to perform his mission, the +Conciliator may access to papers, documents, records and other evidence and may take +actions he deems appropriate, without being bound by the Law of Civil Procedure, the +Legal Profession Law and the Law of Evidence in civil and commercial transactions, and +without being bound by the normal business hours. +4. The Conciliator shall have no investigation power; however, the Mediator may, in +agreement with all Parties and for the purposes of the Conciliation, hear third parties, +Federal Decree- Law of 2023 on Mediation and Conciliation in Civil and Commercial Disputes 26 + subject to the latter's consent. +5. Subject to the agreement of the Parties, the Conciliator may engage the experts recorded +in the expert rosters or those who are agreed by the litigants to settle the disputes +presented thereto for providing t echnical and technological consultancy. The Mediator +shall determine the expert's fees and functions to be performed by him and shall give an opinion in respect thereof, pursuant to the provisions of the Law of Evidence on Civil and +Commercial Transactions . + +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (34) +Recusal, Removal and Replacement of Conciliator +1. The Conciliator shall recuse himself from the mission if he feels embarrassment or is a blood relative of a party up to the fourth degree. +2. The Supervising Judge may remove and replace the Conciliator, at the request of either Party, and the decision shall be decided on within (3) business days following the date of +submission, in any of the following cases: +a. If the Conciliator fails to pe rform his mission; +b. If the Conciliator fails or ceases to perform his mission in such a manner that would give rise to unnecessary procedural delay, and fails to recuse; and +c. If the Conciliator has a relationship to either Party that may raise doub ts on his +neutrality or independence, whether before or during the Conciliation. +3. The Supervising Judge may, sua sponte, decide to remove and replace the Conciliator +where any cases of disqualification set out in Clause (2) above is found. +4. In all cases, the decision issued by the Supervising Judge on the removal or replacement of the Conciliator is unchallengeable by any channel of challenge. + +Federal Decree- Law of 2023 on Mediation and Conciliation in Civil and Commercial Disputes 27 + " +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (35) +Conciliation Timeframe +The Center shall resolve the dispute by Conciliation within at most (21) twenty -one business +days from the date one which the Parties appear before him, and may be extended for +further similar timeframe under a reasoned decision by the Conciliator, unless the Parties +agree on a further similar timeframe. + +Chapter Three +Termination of Conciliation Procedures +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (36) +Cases of Conciliation Termination +The Conciliation procedures shall terminate in any of the following cases: +1. The Parties approve the settlement agreement; +2. A party or all the Parties involved notify the Conciliator that they have no desire to +continue in the Conciliation procedures; +3. The Conciliator notifies the Parties that the continuation of the Conciliation procedures +is unfeasible for being unserious or for another reason; or +4. Expiry of the Conciliation timeframe. + +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (37) +Failure of Conciliation +If the dispute fails to be resolved by Conciliation due to the absence of a party or for any +reason whatsoever or for failure to reach a settlement , the Parties shall be given a statement +on actions made thereon, and the file shall be referred to the Competent Court. +Federal Decree- Law of 2023 on Mediation and Conciliation in Civil and Commercial Disputes 28 + +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (38) +Settlement Established Before the Conciliator +1. If the settlement is established between the Parties, in whol e or in part, the same shall be +recorded in a minutes to be signed by the Parties and the Conciliator. Such minutes shall +be approved by the Supervising Judge, and shall have the legal force of the writ of +execution and the probative force of court judgeme nts, and shall not be challenged +through any channel of challenge. +2. Upon the request of all Parties or any of them, the minutes may be accompanied by the writ of execution, at no charge, and shall be enforced according to the procedures set out +in the Federal Law of Civil Procedure. + +Section Four +Final Provisions +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (39) +Code of Professional Conduct for Mediators and Conciliators +The Council or the president of the local judicial authority, as the case may be, shall issue the Code of Professional Conduct for Mediators and Conciliators. + +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (40) +Disciplinary Measures +1. Should the Mediator or Conciliator breach any of their obligations, as set out in this Decree- Law, the aggrieved party may resort to the Center to take disciplinary measures +against them, without prejudice to their civil and criminal liability. +Federal Decree- Law of 2023 on Mediation and Conciliation in Civil and Commercial Disputes 29 + 2. The sa me disciplinary measures and sanctions set under the Law Regulating Expertise +Profession before the federal judicial authorities or the local laws regulating expertise +activities, as the case may be, shall be applicable to the discipline of Mediators. +3. The Minister of Justice shall issue, upon the approval of the Council or the president of +the local judicial authority, as the case may be, a special regulation on the controls and +procedures of discipline of Mediators. +4. The disciplinary sanctions se t forth in the HR Law of the Federal Government or local +laws governing a public office, as the case may be, shall apply to Conciliators. + +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (41) +Provisions Governing the Private Mediator's Functioning +As for matters where no particular provision is stipulated in the Mediation Agreement, the +provisions governing the Mediator's functioning set out in this Decree -Law shall apply to the +Private Mediator. + +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (42) +The Implementing Resolutions +The Minister shall, subject to prior approval of the Cou ncil or the President of the local +judicial authority, as the case may be, issue the resolutions necessary for implementing the provisions of this Decree -Law. + +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (43) +Repeals +1. Federal Law No. (17) of 2016, Establishing Mediation and Conciliation Centers in Civil +Federal Decree- Law of 2023 on Mediation and Conciliation in Civil and Commercial Disputes 30 + and Commercial Disputes, as amended, shall hereby be repealed. +2. Law No. (6) of 2021, on Mediation for Settlement of Civil and Commercial Disputes, +shall hereby be repealed. +3. The regulations and resolut ions issued in pursuance of the provisions of Federal Law No. +(17) of 2016, as amended, and Law No. (6) of 2021, shall remain effective, until the +regulations and resolutions necessary for implementing the provisions of this +Decree- Law are issued, in so far as they do not contradict the provisions thereof. +4. Any provision repugnant to or in conflict with the provisions of this Decree -Law shall +hereby be repealed. + +" +justice and juiciary,Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in Civil and Commercial Disputes,"Article (44) +Publication and Entry into Force +This Decree -Law shall be published in the Of ficial Gazette, and shall enter into force (90) +ninety days following its publication date. + + + +Mohammed bin Zayed Al Nahyan +President of the United Arab Emirates + + + +Issued by Us at the Presidential Palace – Abu Dhabi +Dated: 13 th Rabi' Al -Awwal 1445 AH, +Corresponding to: 28 th September 2023 AD " +justice and juiciary,Cabinet Resolution No. (47) of 2023 on the Executive Regulations of Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (1) +Definitions +The definitions set forth in Federal Law No. (14) of 2020, referred to hereinabove, shall +apply to this Resolution; otherwise, the following words and expression s shall hav e the +meanings assigned thereto respectively, unless the context requires otherwise: +Ministry : The Ministry of Interior. +Minister : The Minister of Interior. +Law : Federal Law No. (14) of 2020 on the Protection of Witnesses and +the Like. +Security Guard : A guard appointed pursuant to the Law of Private Security +Companies. + + Cabinet Resolution of 2023 on the Executive Regulations of Federal Law of 2020 on the Protection of Witnesses and +the Like 2 + " +justice and juiciary,Cabinet Resolution No. (47) of 2023 on the Executive Regulations of Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (2) +Functions of the Protection Unit +The Protection Unit shall exercise the following functions: +1. To participate in developing a comprehensive policy to protect witnesses , including +developing criteria for the assessment of risks to which they are exposed and the +methods and means for p rotect ing the Protected Persons, in coordination with the +relevant authorities in the State; +2. To carry out ongoing assessments of risks per taining to the Protected Person ; +3. To dr aw up a report on risks to which the Protect Person may be exposed; +4. To design a personal protection program for the Protected Person and identify +protection levels that will be provided; +5. To set procedures for cooperation and coordinati on with police commands on the +Protection Program, and the responsibilities dete rmined between the police and the +Protection Unit to implement the Protection P rogram; +6. To coordinate efforts of cooperation between the competent government authorities +to define their roles in implementing the Protection P rogram; +7. To en hance cooperation with foreign states and authorities i n the area of +implementing the Protection P rograms; and +8. To perform a ny other functions or competences identified under a resolution by the +Minister or the chairman of the competent authority. + +" +justice and juiciary,Cabinet Resolution No. (47) of 2023 on the Executive Regulations of Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (3) +Obligations of the Protection Unit +Within the framework of practicing its functions, the Protection Unit shall: +1. Provide the required protection to the Protected P erson according to the P rotection +Program; Cabinet Resolution of 2023 on the Executive Regulations of Federal Law of 2020 on the Protection of Witnesses and +the Like 3 + 2. Prepare appropriate sites and places inside or outside the State for the purpose of +implementing the Protection P rogra ms, in coordination with the Competent A uthority +and the relevant authorities; +3. Set appropriate work procedures to secure the Protection P rograms and protect data; +and +4. Coordinate with the management of private security companies and private security +companies , as per the geographical scope, to select Security Guards charged with +implement ing the Protection P rograms according to the controls set forth in this +Resolution. + +" +justice and juiciary,Cabinet Resolution No. (47) of 2023 on the Executive Regulations of Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (4) +Phases of the Protection Program +The Protection Unit shall set the Protection Program according to the following +procedures: +1. To design the Protection Program in de tail for every Protected Person, so that it +commensurate wit h the risks, circumstances and facts requiring his protection; +2. To approve the Protection Program in coordination with the authorities in charge of +financial affairs; +3. The Protection Unit shall implement the Protection Program in coordination with the +relevant authorities inside or outside the State; and +4. To review the Protection Program on a regular basis and submit necessary +amendment proposals. + +" +justice and juiciary,Cabinet Resolution No. (47) of 2023 on the Executive Regulations of Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (5) +Determination of Protective Measures +Subject to the criteria set forth in article (8) of the Law, the Protection Unit or the Judicial +Authority shall propose protective measures according to the following criteria: +1. The public interest arising from the criminal proceedings; Cabinet Resolution of 2023 on the Executive Regulations of Federal Law of 2020 on the Protection of Witnesses and +the Like 4 + 2. Means that may be provided by the police to protect a person required to be protected; +3. Budget placed at the disposal of the Protection Unit; and +4. Appropriateness of a person re quired to be protected for the Protection P rogram +through the following sub -criteria: +a. Criminal record; +b. Marital status; +c. Psychological state; +d. Physical fitness; and +e. Any other criteria the Competent Authority deems necessary . + +" +justice and juiciary,Cabinet Resolution No. (47) of 2023 on the Executive Regulations of Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (6) +Classification of Risks +A risk that a person required to be protected may be exposed to shall be classified +according t o the classification of risks set out in Table (1) annexed to this Resolution . + +" +justice and juiciary,Cabinet Resolution No. (47) of 2023 on the Executive Regulations of Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (7) +Applications for Enrollment in the Protection Program +1. Where there is a ne ed to enroll a person in the Protection Pr ogram, an enrollment +application sh all be submitted by the Competent A uthority or the Judicial Authority to +the Competent Court, accompanied by the following documents: +a. Evidence collection reports of which the person required to be protected is part +and the nature and significance of his cooperation with the police in this +regard, along with mentioning the possibility for obtaining similar evidence +from other sources; +b. Nature of potential risk to the p erson required to be protected and the overall +circumstances and data justifying his enrollment in the Protection P rogram; +c. Details on the type of crime committed and suspected persons; Cabinet Resolution of 2023 on the Executive Regulations of Federal Law of 2020 on the Protection of Witnesses and +the Like 5 + d. Details on the nature of existing threats, foreseeable risks and avai lable +security information thereon; +e. Details of actions, if any, taken by the police for the person required to be +protected; +f. Proposals for the required Protection P rogram; +g. An acknowledgment by the person required to be protected that he agrees to +be enrolled in the Protection P rogram; +h. Family members proposed to be enrolled in the Protection P rogram; and +i. Names of persons whose life and safety are at risk due to their close +relationship with the Protected Person and persons required to be enrolled in +the Protection P rogram. +2. The Competent Court shall decide on the application referred to in Clause (1) above +within (15) fifteen business days from the date on which the application is submitted +thereto. The Co mpetent Court’s decision in this regard shall be final and +unchallengeable by any means of challenge. +3. A decision issued by the Competent Court on the rejection of the application, pursuant +to the provisions of Clause (2) of this Article shall not preclude the submission of a +new application should serious reasons have arisen revealing a serious risk. + +" +justice and juiciary,Cabinet Resolution No. (47) of 2023 on the Executive Regulations of Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (8) +Temporary Measures Until the Issuance of the Decision on Admission + to the Protection Program +Subject to Arti cle (10) of the Law , the Protection Unit may take any of the measures set +forth in the Law and the present Resolution to protect any person required to be enrolled +in the Protection P rogram, until the de cision of his admission to the Protection P rogram is +issue d by the Competent Court for a period up to (15) fifteen days. + + Cabinet Resolution of 2023 on the Executive Regulations of Federal Law of 2020 on the Protection of Witnesses and +the Like 6 + " +justice and juiciary,Cabinet Resolution No. (47) of 2023 on the Executive Regulations of Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (9) +Details of the Protection Instrument +Subject to article (13) of the Law, the Protection Instrument shall include the following +details and information: +1. An acknowledgment that the details submitted by th e Protected Person are accurate; +2. An undertaking that the Protected Person shall cooperate with police and security and +judicial authorities in all m atters related to investigation procedures and giving his +testimony before the court; +3. Obligations of the Protected Person in co nnection with implementing the Protection +Program, including settleme nt of his financial affairs, as sets and rights to his property, +and settlement of legal proceedings to which he is a party, including signing +documents necessary for settlement of all such matters, including the appointment of +an advocate as necessary ; +4. An undertaking to re frain from committi ng any crime or any action threatening the +security of the Protected P erson, any of his family member or any other person, or +hinder ing the Protection Program ’s effectiveness; +5. An undertaking to keep the confidentiality of the details of the Protection Program , +the identity of the Protection Unit’s employee s and any other person involved in the +application of the Protection Program, as well as keeping the confidentiality of any +other fact the Protected Person is r equired to keep confidential, and informing him +that the disclosure of such details shall be deemed a criminal offence; +6. An ack nowledgment by the Pr otected Person that the failure to fulfill his obligations +or the submission of false information may b e a reason for disenrollment from the +Protection Program, and that he is aware of the consequences of disenrollment from +the Protect ion Program; and +7. Any condition, acknowledgement or undertaking the Protection Unit deems +necessary for the purpose of implementing the Protection Program. + Cabinet Resolution of 2023 on the Executive Regulations of Federal Law of 2020 on the Protection of Witnesses and +the Like 7 + " +justice and juiciary,Cabinet Resolution No. (47) of 2023 on the Executive Regulations of Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (10) +Results of the Protection Instrument +Signing the Protection Instrument shall lead to the following results: +1. All details of the Protection Program that will be provided to the Protected Person shall +be introduced to him. +2. Signing the Protection Instrument shall result in actual enrollment of the Protected +Person in the Protection Program. +In all cases, t he Protected Person may request to dis continue in or change the Protection +Program. + +" +justice and juiciary,Cabinet Resolution No. (47) of 2023 on the Executive Regulations of Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (11) +Means for Implementing the Protection Program +The Protection Program shall be implemented through the measures prescribed by virtue +of the Law according to the means shown in Table (2) annexed to the present Resolution . + +" +justice and juiciary,Cabinet Resolution No. (47) of 2023 on the Executive Regulations of Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (12) +Convic ts or Remand Prisoners Covered by the Protection Program +If the Protecte d Person is a convict or remand prisoner , the place of hi s detention shall be +determined, whether inside or outside the penal institution. The Protection Prog ram +period shall be counted as part of the execution period of the sentence imposed . + +" +justice and juiciary,Cabinet Resolution No. (47) of 2023 on the Executive Regulations of Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (13) +Minor or Incapacitated Person Covered by the Protection Program +1. A minor, incapacitated or disable person may be enrolled in the Protection Program +only after obtaining a written consent from his legal representative, as the case may +be, unless the Competent Court decides that he shall be covered by the Protection +Program. Cabinet Resolution of 2023 on the Executive Regulations of Federal Law of 2020 on the Protection of Witnesses and +the Like 8 + 2. If a minor, incapacitated or disable person is approved to be cov ered by the Protection +Program, the Competent Court may issue any directives to the legal representativ e of +the Protected Person for the purpose of implementing the Protection Program and +preserving his interest, including a minor’s custody and place of residence. + +" +justice and juiciary,Cabinet Resolution No. (47) of 2023 on the Executive Regulations of Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (14) +Right of the Protected Person to Receive Funds +1. The Protected Person may receive any funds during the implementation of the +Protection Program according to the procedures identified by the Protection Unit. +2. The funds referr ed to in Clause (1) of this Article shall be subject to control ; in terms of +their sources and how they relate to the parties to the crime under investigation or +trial, and how their sources are related to persons involved in criminal activities inside +or outside the State. + +" +justice and juiciary,Cabinet Resolution No. (47) of 2023 on the Executive Regulations of Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (15) +Controls for Issuing New Identi ty for the Protected Person +If the Protected Person is subject to the identity change measures, the following controls +shall be followed: +1. The Competent Court shall issue its decision obligating the authority in charge of +issuing identities to register, issue and document the new identity of the Protected +Person. Such authority may amend or revoke the new identity of the Protected Person +and issue necess ary directives where amendments are introduced to the Protection +Program or is revoked. +2. A decision issued by the Comp etent Court pursuant to the provisions of Clause (1) of +this Article shall be limited to the issuance of a new identity, and may not be ex tended +to other issues pertaining to the Protected Person’ s capacity, qualifications, education, +personal status, religion, health condition , employment status or other docume nts or +data granting him a right or creating an obligation. Cabinet Resolution of 2023 on the Executive Regulations of Federal Law of 2020 on the Protection of Witnesses and +the Like 9 + 3. The issuance of a ne w identity to the Protected Pe rson may not prejudice any legal +status of the latter or any of his prescribed rights and obligations, legal status, personal +status or financial affairs. +4. The Protected Person’s new identity data, new address or any other details related to +his previous iden tity or address may be disclosed if it turns out that the need for +disclosing su ch information is necessary for investigation procedures or criminal +procedures or for protecting persons’ lives , or that the public interest requires the +disclosure of his own information. +5. If the Competent Court approves to issue a new identity for the Protected Person , the +Protected Person shall: +a. Introduce himself using his new identity; +b. Use his original identity or the document fo r which he gives testimony only for +giving testimony during criminal proceedings in the course of the Protection +Progra m or by virtue of the prior written approval of the Protection Unit; and +c. Use the new identity that has been amended or revoked o r any document +proving it only according to the directives issued by the Competent Court. The +Protected Person may also provide any details on any amendments introduced +to his new identity only subject to the Protection Unit’s prior approval. + +" +justice and juiciary,Cabinet Resolution No. (47) of 2023 on the Executive Regulations of Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (16) +App ointment of an Attorney for the Protected Person +1. When a decision requiring the Protected Person to be subject to the measure of +changing the identity is taken , he may appoint an attorney to act on his behalf +pursuant to the legislation in force in this regard. +2. The attorney shall be granted , to the extent necessary, the power to legally represent +the Protected Person in all proceedings, including the management of his assets, +implementation of the proce dures related to him and transfer of the title of such asset s Cabinet Resolution of 2023 on the Executive Regulations of Federal Law of 2020 on the Protection of Witnesses and +the Like 10 + if the Protected Person fails to carry out such procedures for being enrolled in the +Protection Program. +3. The attorney shall seek the Protected Person’s consent to carry out the procedures on +his behalf to the extent necessary under the circumstances of the Protection Program. +4. If the Protected Person fails to appoint an attorney or a power of attorney expires +without appointing a new attorney , the Protection Unit shall reques t the Competent +Court to appoint an attorney for the Protected Person. +5. The Protected Person shall incur the costs of management of his assets and the costs +related to the procedures carried out on his own behalf. + +" +justice and juiciary,Cabinet Resolution No. (47) of 2023 on the Executive Regulations of Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (17) +Follow Up on the Implementation of the Protection Program +The Protection Unit shall, in coordination with the Competent Authority or the Judicial +Authority throughout the Protection Program period, follow up on the following subjects: +1. All updates on the details and information related to the Protected Person, particularly +those related to the crime and its perpetrators for which the Protected Person had +enrolled in the Protection Program; +2. Information on the risks to the Protected Person; +3. Finding s reached in connection with the criminal procedures for which the Protected +Person had been enrolled in the Protection Progr am; and +4. Information on matters that may affect the investigation or criminal procedures for +which the Protected Person had been enrolled in the Protection Program. + +" +justice and juiciary,Cabinet Resolution No. (47) of 2023 on the Executive Regulations of Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (18) +Regular Risk Assessment +The Protection Unit shall , in coordination with the Competent Authority or the Judicial +Authority throughout the Protection Program period, regularly reassess t he ris k to which +the Protected Person may be exposed. Cabinet Resolution of 2023 on the Executive Regulations of Federal Law of 2020 on the Protection of Witnesses and +the Like 11 + " +justice and juiciary,Cabinet Resolution No. (47) of 2023 on the Executive Regulations of Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (19) +Termination of the Protection Program +Subject to the provisions of article (18) of the Law, the Protec tion Program shall be +terminate d if the Protected Person is co nvicted of any of the following crimes during the +implementation of the Program : +1. Crimes against the State’ s security and interests; +2. Dishonesty crimes; +3. Embezzlement; +4. Theft, +5. Bribery; +6. Forgery and counterfeiting crimes; +7. Fraud; +8. Rape , indecent assault or pederasty ; +9. Inciting debauchery and prostitution; +10. Human trafficking crimes; +11. Money laundering crimes; +12. Crimes affecting national economy; +13. Crimes related to the abuse of office and the abuse of power; +14. Crimes related to perverting the course of justice; +15. Crimes related to narcotics or psychotropic substan ces; +16. Crimes related to weapons, munitions or military equipment; +17. Crimes against persons; +18. Crimes of public risk; and +19. Committing a felony set forth in any penal code. + + + + Cabinet Resolution of 2023 on the Executive Regulations of Federal Law of 2020 on the Protection of Witnesses and +the Like 12 + " +justice and juiciary,Cabinet Resolution No. (47) of 2023 on the Executive Regulations of Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article ( 20) +Effects of Termination of the Protection Program +1. The termination of the Protection Progr am for a Protected Person shall not terminate +it for the rest of Protected Persons enrolled in the Protection Program. +2. If the Protection Program is terminated by a decision issued by the Comp etent Court, +the Protected Person shall be served with a written notice signed by the Protection +Unit showing the effects of terminating the Protection Program, and a copy thereof +shall be submitted to the Competent Authority or the Judicial Authority, as the case +may be. +3. The decision terminating the Protection Program shall take effect after at least (10) ten +days from the date of its issuance, unless t he Protection Unit decides that the above +time limit is not sufficient and a longer time limit shall be set ; consequently, the time +limit shall be extended up to (30) thirty days. + +" +justice and juiciary,Cabinet Resolution No. (47) of 2023 on the Executive Regulations of Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (21) +Register of Protected Persons +1. A register of Protected Persons shall be created in the Protection Unit and shall contain +the following information: +a. Details on the Protection Programs; +b. Details on the Protected Persons; +c. Any changes introduced to the personal data and information related to the +Protected Person through out the period of his enrollment in the Protection +Program; +d. The extent to which the Protected Person compl ies with the Protection +Program to which he is subject; and +e. Any other information necessary for managing and implementing the +Protection Programs. Cabinet Resolution of 2023 on the Executive Regulations of Federal Law of 2020 on the Protection of Witnesses and +the Like 13 + 2. The register shall be fed by the Protection Units with the necessary data, so as to +contribute to coordinat ing efforts between the relevant authorities and enhanc ing the +effectiveness of the Protection Programs. +3. The powers of using and feeding the register shall be granted according to the use +policy approved by the Ministry. + +" +justice and juiciary,Cabinet Resolution No. (47) of 2023 on the Executive Regulations of Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (22) +Closed or Private Hearings +The Competent Court’s hearings in actions relate d to the Protected Person or the +Protection Program shall be held in camera , unless otherwise ordered by the court. +All confidential materials sub mitted by the Protection Unit in the abovementioned actions +shall be kept according to the applicable information security policy . + +" +justice and juiciary,Cabinet Resolution No. (47) of 2023 on the Executive Regulations of Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (23) +Cooperation with the Relevant Authorities +1. The Protection Programs shall be implemented with the relevant authorities +according to the following controls: +a. Maintaining the confidential ity of the data of the Protected Persons and +procedures taken between the two parties; +b. Ensuring that entities are competent in the secur ity field befor e enter ing into a +contract with them on the Protection Program; and +c. Setting a term for cooperati ng with such entities; provided that the required +term does not exceed one renewable year. +2. If such entity is a foreign country or a government or non -governmen t internat ional +or regional organization, the approval of the Ministry of Foreign Affairs and +International Cooperation shall be obtained before proceeding with the procedures of +cooperation therewith on implementing the Protection Program. + Cabinet Resolution of 2023 on the Executive Regulations of Federal Law of 2020 on the Protection of Witnesses and +the Like 14 + " +justice and juiciary,Cabinet Resolution No. (47) of 2023 on the Executive Regulations of Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (24) +Contracting with Private Security Companies +The Competent Authority may enter into a contract with private se curity companies for +implementing the Protection Program. A Security Guard charged with implementing a +Protection Program shall fulfil l the following requirements: +1. He shall be a citizen of the State . +2. He shall be at least (21) twenty one calendar years of age . +3. He shall be medically fit . +4. He shall obtain the necessary security clearance . +5. He has never been convicted of a crime involving moral turpitude or dishonesty . +6. He shall hold a firearm proficiency certificate issued by a shooting club licensed in the +State for non -military personnel . +7. He shall hold a firearm license . +8. He shall have completed the national service or submit a certificate of exemption +therefrom . +9. He shall hold the certificates of education, tr aining and expertise , as identified by the +Protection Unit according to the nature of f unctions that will be entrusted to them . +10. He shall successfully pass the professional internship approved by the Protection Unit, +pertaining to the protection of witnesses and security powers granted to a Security +Guard. + +" +justice and juiciary,Cabinet Resolution No. (47) of 2023 on the Executive Regulations of Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (25) +Duties and Powers of the Security Guard +In order to implement the Protection Programs and prevent a ny harm to the Protected +Person, the Security Guard shall, whil e performing his job, carry out the following duties +and functions: +1. Securing persons, transport vehicles, luggage or other goods; Cabinet Resolution of 2023 on the Executive Regulations of Federal Law of 2020 on the Protection of Witnesses and +the Like 15 + 2. Retaining materials found d uring the secur ity, which would inflict damage on the +safety and security of the Protected Person or the s ecurity, and the Security Guard shall +deliver such materials to the Protection Unit; +3. The Security Guard may use force to the extent necessary and appropriate to carry out +his duties whenever necessary or required; +4. The Security Gu ard may take a person into custody who illegally carries or is about to +carry a firearm, or commits or is about to commit a crime that woul d endanger the +safety of the Protected Person or inflict damage on the Protection Program; +5. When practicing his functions and duties, the Security Guard shall introduce himself +mentioning his name, official title and position , and shall show his job card e xcept +where the same would compromise his safety or the safety of any other person or be +at risk or hinder the implementation of the Protection Program; +6. For the purpose of implementing the provisions of the present Resolution, the Security +Guard shall be granted the following powers: +a. To t ake in to custody persons who endanger the lives of the Protected Persons; +b. To accompany the Protected Person outside a penal institution , so that the +Protected Person accompanied by th e Security Guard shall be considered to be +placed under legal guardianship ; +c. To take into custody the Protected Person if there is sufficient evidence that +the Protected Person has escaped f rom the legal protection; and +d. To access to public premises to carry out security measures necessary to +accompany the Protected Person or protect the site i n which the Protected +Person exists. + +" +justice and juiciary,Cabinet Resolution No. (47) of 2023 on the Executive Regulations of Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (26) +Funding Budget +The annual budget of the Protection Unit shall be set in coordination between the +Ministry and the Ministry of Finance. Cabinet Resolution of 2023 on the Executive Regulations of Federal Law of 2020 on the Protection of Witnesses and +the Like 16 + " +justice and juiciary,Cabinet Resolution No. (47) of 2023 on the Executive Regulations of Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like,"Article (27) +Publication and Entry into Force of the Resolution +This Resolution shall be published in the Official Gazette, and shall enter into force as of +the day following the date of its publication. + + + + + + + + + + + +Mohammed bin Rashid Al Maktoum +Prime Minister + +Issued by Us +Dated: Shawwal 11th, 1444 H. +Corresponding to: May 11th, 2023 AD . + Cabinet Resolution of 2023 on the Executive Regulations of Federal Law of 2020 on the Protection of Witnesses and +the Like 17 + Table (1) +Classification of Risks to which the Protected Person may be Exposed + +S.N Risk Level Risk Description Protection Measures Taken by +the Competent Authority +1 1st level High; threatening his life or +the lives of his family +members or persons having a +relationship with him . − Physical protection. +− Change of residence. +− Change of workplace. +− Change of identity. +− Using technological means +for remote communication. +− Any other measures +approved by the Competent +Court required for ensur ing +the safety of the Protected +Person. 2 2nd level Moderate; threatening his +physical s afety and security or +property, or the safety or +security of family members or +persons having a relationship +with him or their property . +3 3rd level Low; threatening his +reputation or the reputation +of his famil y members or +persons having a relationship +with him . − Using technological means +for remote communication. +− Any other measures +approved by the Competent +Court required for ensur ing +the safety of the Protected +Person. + + + Cabinet Resolution of 2023 on the Executive Regulations of Federal Law of 2020 on the Protection of Witnesses and +the Like 18 + Table (2) +Means for Implementing the Protection Program + +S.N Protective Measure s Means of Protection Protection Objectives +1 Physical Protection Protection by Security +Guards or by other +appropriate means. Preserving life of the +Protected Person , the +lives of his relatives or +his property. +2 Change of residence Change o f residence either +inside or outside the State. Helping the Protected +Person to find a job or +receive education. +3 Change of workplace Providing a new +appropriate job to the +Protected Person. Financial arrangements +to ensure a reasonable +standard of li ving for the +Protected Person +throughout the +Protection Program +period. +4 Change of identity Issuing a new identity. Anonymization of of the +Protected Person. +5 Using means of +technology for remote +communication. − Hearing of witnesses via +appropriate electronic +means. +− Change the Protected +Person’s voice on the +trial day. Anonymization of the +Protected Person and +preventing his +appearance in public. + " +justice and juiciary,Federal Law No. (3) of 1996 Regarding Jurisdiction of Sharia'h Courts to Look into Certain Crimes,"Article (1) +Excluding the crimes of which the federal Supreme Court is specialized, the Shari'ah Courts +is only specialized, in addition to its jurisdictions, in hearing the following crimes and all +what may be related thereto, branch out of such or may be a beginning for such: +1. Borders' crimes. ( Repealed by Federal Decree by Law No. 28 of 2020) +2. Retaliation and blood money Crimes. +3. Drugs' crimes and the similar. ( Repealed by Federal Decree by Law No. 28 of 2020) +4. Crimes caused by juveniles. ( Repealed by Federal Decree by Law No. 28 of 2020) + +" +justice and juiciary,Federal Law No. (3) of 1996 Regarding Jurisdiction of Sharia'h Courts to Look into Certain Crimes,"Article (2) +The crimes set forth in article (1) of this Law shall be subject to the provisions of the Islamic Sharia or the provisions of the penal laws in force in the State if the conditions for ordering +Qisas or Diya are not met in such crimes. + +" +justice and juiciary,Federal Law No. (3) of 1996 Regarding Jurisdiction of Sharia'h Courts to Look into Certain Crimes,"Article (3) +The cr imes stipulated in article (1) herein and heard before courts shall be referred to the +Shari'ah courts to be heard. +This provision shall not be applied on the actions in which pleading has been ended and has +been retained for pronouncing judgment. + +" +justice and juiciary,Federal Law No. (3) of 1996 Regarding Jurisdiction of Sharia'h Courts to Look into Certain Crimes,"Article (4) +Every provision that contradicts or conflicts with the provisions of the present law shall be cancelled. + + + + + + +Federal Law No. (3) of 1996 Regarding Jurisdiction of Sharia'h Courts to Look into Certain Crimes 3 + " +justice and juiciary,Federal Law No. (3) of 1996 Regarding Jurisdiction of Sharia'h Courts to Look into Certain Crimes,"Article (5) +The present law shall be published in the official gazette and shall be in effect starting from +date of its publishing. + +Zaye d Bin sultan Al Nahyan. +President of United Arab Emirates. + Issued by us in the presidency palace in Abu -Dhabi, +Date: 29 Muharram, 1417 H. +Corresponding to: 15 June, 1996 AD. " +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (1) +Judges are independent, and, in performing their duties, they shall be subject to no +authority other than the provisions of the Constitution, the applicable laws and their +consciences. They may be dismissed only in accordance with the provisions hereof. The +independence of Judiciary may not be prejudiced. There may be no interference in the affairs of justice. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (2) +The Federal Judicial Authority shall have an independent budget to be attached to the +general budget of the State. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (3) +The Federal Judicial Authority shall consist of the Federal Courts and the Federal Public +Prosecution and shall exercise its powers in accordance with provisions of law. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (4) +1. Courts may not hold their hearings outside their main headquarters except by virtu e of +a decision of the Federal Judicial Council. +2. Federal Courts may hold their hearings remotely through the use of modern technical +means of communication. + +Chapter T WO Federal Judicial Council + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (5) +The Federal Judicial Council shall be chaired by the Minister of Justice and the membership +of each of the following: + +1. The President of the Federal Supreme Court (As a Deputy -Chairman); +2. The Attorney General of the Federation; +3. Head of the Judicial Inspection Circuit; +4. The most senior Federal Courts of Appeal President; and +5. The most senior Federal Courts of First Instance President. + + Page 3 In the case of the Chairman's absence they shall be replaced with the Deputy -Chairman. +The Federal Judicial Council shall be hereinafte r referred to as the 'Council'. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (6) +The Council shall exercise the following functions: +It shall: + +1. Supervise the independence of Judiciary. +2. Set the general policy for the development of the affairs of Judiciary and supervise the +implementation thereof. +3. Decide on issues related to the Federal Judiciary and the Federal Public Prosecution in +accordance with the legislation in force. +4. Propose legislation for the development of the Federal Judiciary and the Federal Public +Prosecution. +5. Consider appointing Judges and Members of the Public Prosecution and referring them to retirement in accordance with the provisions hereof. +6. Decide on promotions, transfers, assignments and secondments of Judges and +Members of the Public Prosecution in accordance with the provisions hereof. +7. Decide on requests and grievances related to the affairs of Members of Judiciary. The +Council's deci sion regarding such grievances shall be final. +8. Issue a code of judicial conduct and the principles, obligations and directives that govern the work of Members of Judiciary. +9. Study the reports submitted to the Council on the progress of work in Cou rts and Public +Prosecution Offices and take the necessary decisions in this regard. +10. Consider the necessary requirements for Members of Judiciary and take the necessary measures in this regard. +11. Approve the draft budget of Judiciary, supervise the implementation thereof; And +approve the final account and submit it to the competent authorities for approval in accordance with the legal and regulatory procedures and controls approved by the +Federal Government. +12. Other competencies stipulated h erein or in any other federal law. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (7) +1. The Council shall have a General Sec retariat headed by a Secretary -General who is +delegated by a decision of the Council, provided that they are a Member of Judiciary. This +position shall be held for a period of (4) four years, subject to renewal. The +Secretary -General shall be the Rapporteu r of the Council and shall attend its sessions +without having a counted vote in its deliberations. +2. In the performance of their duties, the Secretary -General shall be assisted by a sufficient +number of administrators and Members of Judiciary. By virtue of a decision of the Minister +Justice, a number of employees in the Ministry of Justice may be assigned to work in the +Secretariat of the Council. + + Page 4 3. The regulation of the General Secretariat and its functions shall be issued by a decision +of the Council. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (8) +1. The Council shall hold its meetings in the capital of the Federation at the place specified +by the Chairman of the Council. The Council's meetings may be held remotely through the +use of modern means of communication. +2. The Council shall con vene once a month or whenever the need arises. The Council's +meeting is valid only if it is attended by its Chairman or Deputy -Chairman alongside four of +its members. Its decisions are issued by a majority vote of those present. If the votes are equal, the Chairman shall cast the deciding vote. The deliberations of the Council shall be +in camera. +3. The members of the Council shall receive a remuneration to be determined in the +Schedules of Grades and Salaries of Members of Judiciary. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (9) +The Counci l shall issue its own by -law. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (10) +The Council may invite whomever it deems necessary to clarify a specific issue in the topics +presented to it, and request from any party any data and information it deems necessary. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (11) +From among its mem bers, the Council may form one or more Committees to which it +delegates some of its powers, except for those related to appointment, promotions, +transfers, assignment, secondment and referral to retirement. + +Part ( 2): Federal Courts + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (12) +The Federal Courts shall consist of the following: + 1. Federal Supreme Court; +2. Federal Courts of Appeal; and +3. Federal Courts of First Instance +The hierarchy of such Federal Courts shall be as listed above. + + Page 5 " +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (13) +The Federal Courts are competent to adjudicate all disputes and crimes that fall within their +jurisdiction in accordance with the provisions of the Constitution and Federal Laws. They +shall also have the competences of the local Judicial Bodies transferred to it at the request +of the concerned emirate. The law sets out the rules for the jurisdiction of the Courts and the levels of litigation. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (14) +The Federal Supreme Court shall be regulated by a law specifying the number of its +Circuits, system, work p rocedures, terms of service and retirement of its members and the +conditions and qualifications that they must meet. + +Chapter O NE Federal Courts of First Instance & Federal Courts of Appeal + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (15) +1. The Federal Court of First Instance shall consist of a President and a sufficient number of +Judges. It shall have one or more Circuits to consider criminal matters; one or more +Circuits to consider civil and commercial matters; one or mo re Circuits to consider +administrative matters; one or more Circuits to consider disputes related to personal +status; and one or more Circuits to consider disputes related to other specialized matters. +The Court shall be administratively supervise d by the President of the Court who shall +choose their Deputy from among its Judges. +2. The formation of Circuits and the distribution of Judges among them shall be by a +decision of the General Assembly based on the proposal of the President of the Court a nd +the approval of the Head of the Judicial Inspection Circuit. +3. Each Circuit of the Court is headed by the President of the Court or one of its Judges. +Judgments are handed down by one Judge unless the law provides otherwise. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (16) +1. The headqua rters of the Federal Courts of Appeal shall be in the capitals of the emirates +or the dependent regions. By virtue of a decision of the Council, such Courts may have Circuits in other regions. +2. The Federal Court of Appeal shall be composed of a President and a sufficient number of +Judges. It shall have one or more Circuits to consider criminal matters; one or more +Circuits to consider civil and commercial matters; one or more Circuits to consider +administrative matters; one or more Ci rcuits to consider disputes related to personal +status; and one or more Circuits to consider disputes related to other specialized matters. +The Circuit shall be headed by the President of the Court or one of its Judges. The Court + + Page 6 shall be administrativ ely supervised by the President of the Court who shall choose their +Deputy from among its Judges. +3. The formation of Circuits and the distribution of Judges among them shall be by a +decision of the General Assembly based on the proposal of the President of the Court and +the approval of the Head of the Judicial Inspection Circuit. +4. The Federal Courts of Appeal are competent to consider appeals against judgments handed down by the Federal Courts of First Instance. They also consider the disputes falling +within their jurisdiction in accordance with the provisions of the law. +5. Judgments shall be rendered by three Judges. Judgments shall be final. +6. The Criminal Circuit of the Abu Dhabi Federal Court of Appeal is exclusively competent to +decide on cases rel ated to crimes that directly affect the interests of the Federation, such +as crimes related to the UAE's security at home or abroad and forgery crimes related to official documents or seals of one of the federal authorities, and currency counterfeiting crimes. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (17) +The litigants may challenge the judgments rendered by the Federal Courts of Appeal before +the Federal Supreme Court in the cases and in accordance with the procedures provided for +by law. + +Chapter T WO General Assemblies of Courts and Int erim Committees + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (18) +Each Federal Court of First Instance or Federal Court of Appeal shall have a General +Assembly. It shall convene at the invitation of the President of the Court or their Deputy , or +at the request of at least one -third of its members to consider the following matters: + +1. Formation of Circles. +2. Distribution of cases among Circles. +3. Determining the number and dates of hearings. +4. Organizing the Judges' leaves and work during the judicial leave and determining the +cases to be considered. +5. Any other issues stipulated herein or assigned to it by a decision of the Council. +The General Assembly may delegate some of its powers to the President of the Court. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (19) +The General Assembly of the Court shall be composed of all its members. The General +Assembly shall be chaired by the President of the Court, or, in the case of their absence, by + + Page 7 their Deputy. If both of them are absent, the most senior of the members of th e General +Assembly shall chair the meeting. The meeting is valid only if it is attended by more than +half of the General Assembly members. In the event that this quorum is not available, the +General Assembly shall convene an hour later than the original ti me, and such meeting +shall be valid only if it is attended by at least one -third of the General Assembly members. +In the event that this quorum is not available either, the General Assembly shall be +re-called to meet within a week, and such convening shall be valid regardless of the +number of attendees. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (20) +1. Resolutions of the General Assembly are issued by a majority vote of the members +present. In the case of a tie, the Chairperson of the session shall have the casting vote. +2. The minutes of t he General Assembly shall be recorded in a register prepared for this +purpose, and it shall be signed by the President of the Court. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (21) +The General Assembly in each Court shall form a Committee called the ""Interim Affairs +Committee"" headed by the President of the Court or their representative and the +membership of the two most senior of its members. Such Committee shall have the powers +of the General Assembly in terms of summary matters if the General Assembly cannot +convene to consider such matte rs by itself. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (22) +The resolutions of both the General Assemblies and the Interim Affairs Committee shall be notified to the Council within (5) five working days from the date of their issuance. The +Council has the right to object to such resolutio ns and return them to the General +Assemblies and the Interim Affairs Committee for reconsideration. The Council may then take what it deems appropriate regarding such resolutions. The Council's decision in this +regard shall be final. + +Chapter THREE Rules of Hearings and Judgments in Courts + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (23) +Litigation is a protected right guaranteed to everyone. Everyone has the right to be treated +fairly in judicial proceedings. Before Judiciary, litigants, without discrimination, are equal. + + + + Page 8 " +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (24) +The right to defence is guaranteed to litigants at all stages of investigation and trial. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (25) +The language of the Courts is Arabic. The Court shall hear the statements of the litigants or +witnesses who do not speak Arabic through an interpreter af ter such interpreter takes the +oath in accordance with the law. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (26) +1. Court hearings are public unless the law stipulates, or the Court decides, on its own +initiative or upon the request of the Public Prosecution, or one of the litigants, that th ey +should be in camera in order to preserve public order or public morals or to observe the sanctity of private life. In all cases, the judgment shall be pronounced in a public hearing. +2. The order and control of the hearing are entrusted to its Chairpers on. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (27) +Judgments must include the reasons on which they are based. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (28) +Judgments are passed by majority unless the law provides for unanimity of opinions. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (29) +Judgments are issued by the Federal Courts in the name of the Preside nt of the United Arab +Emirates and are executed in their name. + +Part ( 3): Federal Public Prosecution + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (30) +1. The Federal Public Prosecution is indivisible as an investigative or indictment authority. +Any of its members shall replace the other, a nd the procedures initiated by them shall be +completed, subject to the rules of jurisdiction. +2. The Federal Public Prosecution shall exercise the powers vested in it by law, and it shall +have the exclusive right to file and pursue criminal cases, unless t he law stipulates +otherwise. + + Page 9 " +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (31) +1. The Federal Public Prosecution is headed by an Attorney General to be appointed by a +Federal Decree. It is not required to take the opinion of the Council with regard to the +Attorney General's appointment. +2. Before assuming their position, the Federal Attorney General, before the Head of State +and in the presence of the Chairman of the Council, shall take the following oath: +""I swear by Almighty God to perform my work observing integrity and honesty, +and observe j ustice without fear or favoritism, and to be faithful to the +Constitution and the laws of the Federation. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (32) +1. The Attorney General shall be assisted by one Assistant Attorney General and a sufficient +number of Senior Advocates General, Advocate s General and Chief Prosecutor, Assistant +Chief Prosecutors, Senior Prosecutors, Prosecutors, and Assistant Prosecutors. +2. The Assistant Prosecutors shall have the authority to investigate and indict in crimes +under the supervision of the Chief Prosecutor . The Chief Prosecutor shall approve their +decisions. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (33) +The Circle of each Federal Court of First Instance and Federal Court of Appeal shall have an +Advocate General or a Chief Prosecutor under the supervision of the Attorney General, who +shall have all the Attorney General's competencies stipulated in the laws. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (34) +1. Members of the Public Prosecution shall report to their superiors in the order of their +ranks and then to the Attorney General, and shall act as substitute to the Attorney General +in the discharge of their duties. +2. The Attorney General has the right to control and supervise all Members of the Public Prosecution. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (35) +1. The Federal Attorney General shall have competence to deal with the crimes that affect +the inte rests of the Federation. In terms of other crimes, the territorial jurisdiction of the +Federal Attorney General is determined by the territorial scope of the Federal Judiciary. +2. Federal Prosecution Offices shall be established by a decision of the Attorn ey General +based on the approval of the Council. + + Page 10 3. The workplaces and jurisdiction of Members of the Public Prosecution shall be +determined by a decision of the Council based on the proposal of the Attorney General. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (36) +By a decision of th e Council, based on the proposal of the Federal Attorney General and the +approval of the authorities concerned with investigation and indictment in the emirates of +the State, the Federal Public Prosecution may exercise its powers in such emirates. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (37) +The intervention of the Public Prosecution is obligatory in cases, requests and appeals filed before the Federal Supreme Court, except for cassation appeals in civil and commercial +matters, in which its intervention is permissible. The Public Pr osecution shall be +represented before the Federal Supreme Court by a Member whose rank is not lower than +a Chief Prosecutor. + +Part ( 4): Members of Judiciary + +Chapter ONE Appointment, Promotion and Seniority of Members of Judiciary + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (38) +Whoever a ssumes Judiciary in the Federal Courts, or is appointed in the Public Prosecution, +shall meet the following conditions: +They shall: + +1. Have full legal capacity; +2. Be a national of the United Arab Emirates State; +3. Be at least (28) twenty -eight years old (for the Judges of the Courts of First Instance); +at least (30) thirty years old (for the Presidents of the Federal Courts of First Instance +and their Deputies); at least (35) thirty -five years old (for the Judges of the Courts of +Appeal); at least (40) forty years old (for the Presidents of the Federal Courts of Appeal and their Deputies, the Federal Attorney General, the Assistant Attorney General and +the Senior Advocates General and Advocates General); and at least (21) twenty -one +years old (for the rest of the Members of the Public Prosecution); +4. Hold a degree in Islamic law, law, or Sharia and law from one of the universities or +higher institutes recognized in the State, or an equivalent thereto; +5. Be of go od conduct and reputation, and have not been previously sentenced by a Court +or Disciplinary Board for a matter that violates honour or trust, even if they have been +rehabilitated or the disciplinary penalty imposed on them has been removed; and +6. Pass the prescribed exams and training courses. + + Page 11 " +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (39) +Subject to the provision of article (38) of this Decree -Law, Judiciary jobs in the Federal +Courts and jobs in the Public Prosecution may be assumed by anyone who has spent +periods not less than the ones mentioned below in judicial or legal work in one of the Courts +or their equivalent jobs in the Public Prosecution, Fatwa and Legislation Departments, or in teaching Sharia Islamic law or law in one of the recognized universities or higher institutes +or in the legal profession or other legal work that is equivalent to working in Judiciary and +the Public Prosecution as determined by the Council: + +1. (20) twenty years with regards to assuming the positions of Presidents in the Courts of +Appeal and their Dep uties, the Attorney General, Assistant Attorneys General and +Senior Advocates General. +2. (14) fourteen years with regards to assuming the positions of Judges of the Courts of Appeal, Presidents of Courts of First Instance and Advocates General. +3. (10) ten years with regards to the positions of Vice -Presidents of the Courts of First +Instance and Chief Prosecutors. +4. (9) nine years with regards to the positions of Judges of the Courts of First Instance and Assistant Chief Prosecutors. +5. (6) six years with regards to the positions of Senior Prosecutors and Prosecutors. +6. (3) three years with regards to the positions of Assistant Prosecutors. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (40) +1. As an exception to the provisions of Clause (2) of rticle (38) of this Decree -Law, among +the nationals of other countries, those who have fulfilled the remaining conditions +stipulated in that Article may be appointed by secondment from their respective +governments or by virtue of personal employment agreements for a renewable period of +time in accordance with the criteria set by the Council. +2. The provisions contained herein shall apply to them in matters not provided for in a special provision in their employment agreements. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (41) +With regards to the citiz ens of the State, the Council is not required to adhere to the age +requirement stipulated in Clause (3) of article (38) and the periods set forth in article (39) +of this Decree -Law, in accordance with the controls set by the Council in this regard. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (42) +The Members of Judiciary (Judges and Members of the Public Prosecution) shall be +appointed by a Federal Decree subject to the approval of the Council. The Assistant +Prosecutors shall be appointed by a decision of the Council provided that they pass the +training courses prescribed by the Council. + + Page 12 " +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (43) +Members of Judiciary who have left work in Judiciary or the Public Prosecution may be +re-appointed in the same position they occupied before they left work, provided that the +appointed person fulfil ls the conditions set forth in article (38). Their seniority is +determined in accordance with article (48) of this Decree -Law. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (44) +1. Promotion to higher positions in Judiciary and Public Prosecution shall be from the immediate lower positions and by a decision of the Council after spending the terms and +fulfilling the conditions determined by the Council. +2. Promotion shall be based on competence. In the case of a tie, the more senior candidate +shall prevail. The competence of the Member of Judici ary is determined based on their +actual work and inspection reports on them and the passing of training courses in +accordance with the controls and conditions set by the Council in this regard. +3. The Presidents of Courts, the Chief Prosecutors and their s uperiors are appointed by a +decision of the Council. +4. The Assistant Attorney General shall be appointed by a Federal Decree. The Council's approval is not required for such appointment. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (45) +The promoted Member of Judiciary shall be granted the l east salary of the position to which +they were promoted, and they shall be entitled to a promotion bonus from the date of +promotion. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (46) +Subject to article (44) of this Decree -Law, a Member of Judiciary who has completed the +prescribed term to remain in the job rank and has obtained at least two consecutive grades +of ""Very Good"" is entitled to a financial promotion. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (47) +The promoti on of a Member of Judiciary may be passed over in any of the following cases: + 1. If any of the disciplinary penalties referred to in article (83) of this Decree -Law has +been imposed on them; or +2. If they fail to pass the prescribed training courses, the terms and conditions of which +are set by the Council. + + + Page 13 " +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (48) +1. The seniority of Members of Judiciary shall count from the date of the Decree issued for +their appointment or the decision issued for their promotion, unless otherwise specified by +the Decree or decision subject to the approval of the Council. +2. If more than one Member of Judiciary is appointed or promoted in one single Decree or +decision, the seniority among them shall be determined according to their order in the said +Decree or dec ision. +3. The seniority of Judges transferred to positions in the Public Prosecution that are similar to their grades shall count from the date they occupied the grade they were in prior to the +transfer. The same provision applies to cases of transfer of M embers of the Public +Prosecution to Judiciary. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (49) +The Council shall issue a resolution that includes determination of the types of leaves the Members of Judiciary are entitled to, their duration, and the provisions relating to each +type, provide d that the annual leave period does not exceed (30) thirty working days. + +Chapter TWO Transfer, Assignment and Secondment of Members of Judiciary + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (50) +1. Members of Judiciary may not be transferred so as assume a job other than p ractising +justice in Federal Courts or working in the Federal Public Prosecution except with their +approval and by a decision issued by the Council. +2. The Members of the Public Prosecution may be transferred to Judiciary by a decision of the Council based on a proposal by the Attorney General in coordination with the Head of +the Judicial Inspection Circuit. In all cases, a Member of the Public Prosecution may be +transferred to Judiciary when they have worked in the Public Prosecution for (6) six years. +3. The transfer of Members of the Public Prosecution from one Public Prosecution Office to +another shall be by a decision of the Attorney General. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (51) +A Judge may not remain in a single Court Circle, and a Member of the Public Prosecution +may not rem ain in a single Prosecution Circle without transfer for a period exceeding (4) +four years from the date of their occupancy or transfer to the said rank, unless there are +reasons approved by the Council. The Council shall determine the controls and rules fo r the +application of this Article. + + + Page 14 " +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (52) +1. The transfer of the Presidents of the Federal Courts of Appeal, their Deputies, the +Presidents of the Courts of First Instance, their Deputies and Judges from one Court to +another or to the Public Prosecut ion shall be by a decision of the Council based on the +proposal of the Head of the Judicial Inspection Circuit. +2. The transfer of Members of the Public Prosecution to work in the Federal Courts shall be +by a decision of the Council based on the proposal o f the Attorney General. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (53) +Unless necessary, promotions shall take place once a year, before the start of the financial year, that begins on the first of January. Transfers shall take place once a year, before the +start of the judicial year, whic h begins on the first of October of each year and ends at the +end of June. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (54) +Members of Judiciary may not be delegated outside Courts and Public Prosecution Offices +except to carry out judicial or similar legal work. However, Members of Judiciary may be +delegated to supervise elections at the request of the concerned authority in the State. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (55) +1. In case of necessity, the President of the Court of Appeal or President of the Court of First +Instance may delegate one of their respective Courts' Judges to work in another Circle +therein for a period of one month. Such period may be renewed for a maximum period of +(6) six months subject to the approval of the Judicial Inspection Circuit. +2. The delegation from one Court to another or from the Court of First Instance to the Court +of Appeal shall be by a decision of the Council for a maximum period of (6) six months. +Such period may be extended for another period. +3. The Attorney General may delegate Members of the Public Prosecution to a place other +than their workplace and jurisdiction for a period not exceeding (3) three months. Such +period may be extended for periods not exceeding (6) six months. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (56) +1. In the absence of the President of the Court or if their position becomes vacant, their +duties shall be assumed by their Deputy, then by its Judges one after another based on +their seniority. +2. In the event of the Attorney General's absence, vacancy of their position, or an +impediment, their duties shall be assumed by the Assistant Attorney General, then by + + Page 15 Members of the Public Prosecution one after the other based on their seniority, and they +shall have all the powers of the Attorney General. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (57) +1. Members of Judiciary may be seconded and delegated, in part or in whole, to c arry out +legal work in government agencies, public bodies, public institutions, companies in which +the government contributes a percentage in their capital, or with foreign governments or +international bodies, by a decision of the Council subject to the ap proval of the concerned +Member of Judiciary. +2. The secondment period must not exceed (4) four consecutive years. +3. The Council may extend the secondment period for a similar period if the national interest so requires. + +Chapter THREE Salaries and Pensio ns of Members of Judiciary + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (58) +The grades and salaries of Members of Judiciary, their bonuses and allowances, and the +remuneration for members of the Council are determined by a Federal Decree. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (59) +No Member of Judiciary may receive a sal ary in a personal capacity or be treated in any +favourable way. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (60) +In the event that a Member of Judiciary submits a request for retirement, the Council may decide to extend their service period for one year if it deems that the interest of Judic iary +requires them to remain in service, and such decision is not subject to appeal. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (61) +The pensions of Members of Judiciary shall be in accordance with the Federal Laws and regulations relating to pension and retirement affairs. A Member of Judi ciary is entitled to +a full retirement pension if they suffer from a total disability that prevents them from +performing their job duties for health reasons, regardless of the length of their service, in +accordance with the provisions of the Pensions and S ocial Security Law. + + + + Page 16 Chapter FOUR Immunity of Members of Judiciary and Reasons for the +Termination of their Tenure + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (62) +The tenure of the Members of Judiciary shall terminate only for one of the following reasons: + 1. Their death; +2. Their resignation; +3. The expiry of the term of: (i) contracts made with contracting Members of Judiciary; or +secondment of seconded Members of Judiciary. The termination of the contract or the +secondment before the end of the period shall be in accordan ce with the legislation in +force by a decision of the Council; +4. Referral to retirement by a Federal Decree before reaching the legal age in accordance +with the provisions hereof; +5. Reaching the retirement age; +6. The Member of Judiciary is proven to be unable to carry out their duties for health +reasons. The disability is established by a decision of the competent medical authority; +7. Disciplinary dismissal based on the reasons and in accordance with the procedu res +stipulated herein; or +8. Assigning them other non -judicial positions with their consent, or transferring them to +a non -judicial position based on a ruling issued by the Disciplinary Board. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (63) +1. The legal age of retirement for the Members of Judiciary is when they reach the age of (65) sixty -five years. However, if they reach such age during the judicial year, they shall +remain in service until the end of such judicial year. +2. It is permissible, when necessary, to extend the service of Memb ers of Judiciary until +after they reach the age of retirement for a period or periods, the total of which does not +exceed (10) ten years, provided that each period is not less than one judicial year. +Extension of service shall be by a Federal Decree issued by the President of the State upon +the recommendation of the Council. +3. Members of Judiciary may be retired if they have served a period of (30) years. Such +retirement shall be by a Decree based on the recommendation of the Council. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (64) +In the event of the termination of the tenure of a Member of Judiciary due to death, the +Council may submit a recommendation to the Council of Ministers to increase the actual +period of service calculated for the purpose of the retirement or the end of service gratuity +for an additional period on an exceptional basis, provided that this additional period does + + Page 17 not exceed the term of service or the remaining period to reach the age prescribed for +retirement or the expiry of the term of employment agreement or secondment or the +termination thereof, as the case may be, whichever period is longer. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (65) +The resignation of a Member of Judiciary is considered acceptable after the lapse of one +month from the date of its submission to the Council if it is not made subject to a limitation +or condition. The Council may accept the resignation before the expiry of such period. + +Chapter FIVE Duties of Members of Judiciary + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (66) +1. Before assuming their duties, Judges shall take the following oath: +""I swear b y Almighty God to rule justly, to perform the duties of my office +honestly and without fear or favouritism, and to be faithful to the Constitution +and laws of the United Arab Emirates."" +2. Before assuming their duties, Members of the Public Prosecution sha ll take the following +oath: +""I swear by Almighty God to stick to integrity and honesty in performing my +work, to observe justice without fear or favoritism, and to be faithful to the +Constitution and laws of the United Arab Emirates."" +3. The oath shall be taken before the Chairman of the Council in the presence of the +President of the Federal Supreme Court or the Attorney General, as the case may be. +4. The oath shall not be repeated upon promotion or upon transfer from Judiciary and +Public Prosecution. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (67) +1. Members of Judiciary, inside and outside their workplaces, shall maintain honour and +dignity, and safeguard their reputation and conduct, and guard against anything that +affects their honesty or calls their integrity into question. +2. Memb ers of Judiciary may not do any work that is inconsistent with the independence +and dignity of Judiciary, or that degrades the honour and prestige of Judiciary, or act in a +way that casts doubt on their integrity. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (68) +A Member of Judiciary may not conduct business either in person or through an + + Page 18 intermediary, at the discretion of the Council. They may not do another job along with their +judicial position except for the profession of teaching in Sharia and law colleges, institutes +and judicial instit utes, provided they obtain the approval of the Council of the same. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (69) +Members of Judiciary may not engage in political or sports work or express their opinion on +political matters. They may not run for legislative, municipal or sports councils elections. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (70) +1. A Member of Judiciary may not disclose deliberations. +2. A Member of Judiciary may not express their opinion or direction in any pending case. If +they violate such prohibition, the offending Member of Judiciary becomes ineligible to hear +the case, in addition to being subject to disciplinary action. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (71) +1. Judges who are rel ated to each other by blood or marriage to the fourth degree may not +sit within the same Circuit. +2. The representative of the Public Prosecution or the representative of one of the litigants +or their attorney -at-law may not have the aforementioned relationship with any of the +Judges examining the case. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (72) +A Member of Judiciary may not, without the approval of the Council, be an arbitrator on +behalf of private legal persons or natural persons, even if the dispute is not brought before +the Court. I f the State or a public authority or public institution is a party to the dispute to +be settled by arbitration, a Judge may be delegated to be an arbitrator on behalf of the government, authority, or institution, and the Council shall select them and deter mine or +approve the remuneration they are entitled to, according to the circumstances, taking into +account the statutes regulating arbitration in the State. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (73) +1. A Member of Judiciary may not consider any case in which they have a direct or indi rect +personal interest, or a relationship with any of its parties, that is incompatible with their +duties, or that they and one of the litigants have a relationship by blood or marriage up to +the fourth degree. +2. They may not accept gifts from the litigan ts, their agents, or their relatives, or authorize +any of the Member of Judiciary's family members to accept such gifts. + + Page 19 " +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (74) +Members of Judiciary shall abide by the Code of Judicial Conduct and the principles, +obligations, and directives that govern the work of Judges issued by the Council. Violation +of the same entails disciplinary accountability. + +Chapter SIX Accountability of Members of Judiciary + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (75) +1. The Council, on its own initiative or upon a request from the Head of the Judicial +Inspection Circuit, has the right to warn the Judge of what they have done in contravention +of their duties or the requirements of their job, after hearing their statements. The warning +notice shall be in writing. +2. The concerned Judge may file a grievance against the warning notice before the Council +within (15) fifteen days from the date of their notification. The decision of the Council in the grievance shall be final. If the violation is repeated or continues after the warning notice +becomes final, a disciplinary action shall be filed against the offending Judge. +3. The Attorney General may send a written warning to a Member of the Public Prosecution +who breaches the duties of their position, after hearing their statements. The concerned +Member of Public Prosecution may file a grievance against the warning notice before the +Council within (15) fifteen days from the date of their notification. The decision of the +Council in this regard shall be final. +4. If the violation is repeat ed or continues after the warning notice has become final, the +procedures stipulated in article (77) or Clause (3) of article (93) of this Decree -Law shall be +taken against the offending Member of Public Prosecution as the Council determines. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (76) +1. Disciplining Members of Judiciary is the responsibility of the Disciplinary Board. +2. The formation of the Disciplinary Board and its by -law shall be issued by a decision of the +Council. The Disciplinary Board shall be chaired by the most senior Preside nt of the Federal +Courts of Appeal who is not a member of the Council plus two of the most senior Judges of +the Federal Court of First Instance as members. +3. The decisions of the Disciplinary Board may be appealed before the Council within ten +working day s from the date of their issuance or the notification of the person concerned +with them. Such grievance does not stop the implementation of the appealed decision. The +Council may amend the penalty by a reasoned decision. The Council shall issue a decision +setting the grievance procedures and rulings for consideration of and deciding upon +grievances. The decision of the Council regarding such grievances is not subject to appeal +by any method of appeal. + + Page 20 " +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (77) +1. The disciplinary action shall be filed bef ore the Disciplinary Board by the Head of the +Judicial Inspection Circuit or the Federal Attorney General, as the case may be, subject to +the Council's approval, with a statement containing the violations and the evidence +supporting them. +2. The request to institute a disciplinary case must be preceded by an investigation +conducted by a Judge delegated by the Council for such purpose. The person who conducts +such investigation may not sit to decide on the disciplinary case. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (78) +The Disciplinary Boa rd may conduct whatever investigations it deems necessary, and may +delegate one of its members to do so. The Disciplinary Board and such delegated member +shall have the powers granted to Courts in this regard. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (79) +1. If the Disciplinary Board find s a reason to proceed with the trial procedures for all or +some of the violations, it shall instruct the accused Member of Judiciary to appear before it +within at least one week, based on a decision from the Chairman of the Disciplinary Board. +2. The summons must include a sufficient statement of the subject matter of the case and +the evidence of the indictment. Upon deciding to proceed with the trial procedures, the +Disciplinary Board may order to suspend the accused Member of Judiciary from ca rrying +out their duties. +3. Such suspension shall not result in depriving the accused Member of Judiciary of their +salary unless the Disciplinary Board decides to totally or partially deprive them of it. +4. The Disciplinary Board may reconsider the decision of suspension or deprivation of salary at any time, whether on its own initiative or at the request of a Member of Judiciary. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (80) +The disciplinary action lapses with the resignation of the accused Member of Judiciary. +Nonetheless, the disciplina ry action shall have no effect on the criminal or civil action +arising from the same incident subject of the disciplinary action. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (81) +1. The hearings of the disciplinary trials shall be in camera, and the Public Prosecution shall +be represented th ere by someone whose rank is not less than an Advocate General. The +accused Member of Judiciary shall appear in person before the Disciplinary Board. They +may present their defence in writing and may seek the assistance of a lawyer from among + + Page 21 Members of Ju diciary. If the accused Member of Judiciary fails to attend by themselves or +send a representative of themselves, then the ruling may be passed in their absence after +verifying that they were duly notified. +2. The Disciplinary Board shall rule after hearin g the requests of the Public Prosecution and +the defence of the accused Member of Judiciary, and the accused Member of Judiciary shall +be the last to speak. The accused Member of Judiciary may object to the in absentia +judgment within (10) ten days followi ng their notification in person of the in absentia +judgment. +3. The objection shall be in the form of a report submitted to the Council's Secretariat. The +accused Member of Judiciary shall attend the session specified by the Chairman of the +Disciplinary Bo ard in the objection report. +4. The objection entails re -examining the disciplinary action filed against the objecting +Member of Judiciary, and they may not be harmed in any way based on filing their +objection. +5. If the objecting Member of Judiciary fails to attend the session set for hearing their +objection, then the objection shall be considered as if it did not exist and the judgment shall +not be subject to appeal. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (82) +The judgment delivered in the disciplinary case shall include the reasons on which it is +based, and the reasons therefor shall be read when pronounced in a closed session. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (83) +The disciplinary penalties that may be imposed on offending Members of Judiciary are as follows: + +1. Reprimand +2. Deprivation of the periodic increment +3. One-time promotion pass -over +4. Transfer to another non -judicial position with a lower degree and a lower salary. +5. Dismissal + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (84) +1. The Disciplinary Board shall notify the Council and the offending Member of Judiciary of +the content of the disciplinary judgment issued against them within (3) three working days +from the date of its issuance. Such notice shall be in writing. +2. The tenure of the offending Member of Judiciary shall cease from the date of issuance of +such judgment. + + Page 22 " +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (85) +1. A Federal Decree shall be issued to implement the dismissal judgment. Such dismissal +judgment shall not affect the rights of the offending Member of Judiciary to pension or +gratuity. +2. If a decision to transfer the offending Member of Judiciary to another non -judicial +position is issued, such transfer shall be made by a decision of the Council of Ministers. +3. The Minister of Justice shall implement the Disciplinary Board's judgments issued for dismissal or transfer to another non -judicial position. +4. All penalties imposed on the offending Member of Judiciary shall be deposited in their job +file. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (86) +1. In cases other than flagrante delicto , a Member of Judiciary may not be a rrested, +remanded in custody, and their home or vehicle searched, except after obtaining +permission to do so from the Council. +2. In cases of flagrante delicto , the Attorney General, upon arresting the offending +Member of Judiciary and holding them in pret rial detention, shall refer the matter to the +Council within the following (24) twenty -four hours. The Council shall convene as soon as +the matter is presented to it, and the Council shall decide, after hearing the statements of +the offending Member of Jud iciary, whether to continue their detention or release them +with or without bail. In that case statements may be heard through the use of modern +technology means. +3. In the decision issued for detention or continuation of detention, the Council shall determine the period of such detention. The said procedures shall be taken into account +whenever the continuation of pretrial detention is taken into account after the expiry of the period decided by the Council. +4. It is not permissible to take any investigati on measure against the offending Member of +Judiciary or file a criminal case against them except with the permission of the Council and at the request of the Attorney General. +5. Imprisonment of Members of Judiciary and the execution of freedom -restricting +penalties against them shall be carried out in places separate from the places designated +for other prisoners. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (87) +1. Imprisonment of a Member of Judiciary based on an order or judgment entails +suspending them from performing their duties for the period of their imprisonment. +2. The Council, on its own initiative or at the request of the Attorney General or the Head + + Page 23 of the Judicial Inspection Circuit, as the case may be, may order the suspension of the +offending Member of Judiciary from their work during the investigation or trial procedures +for a crime committed by them. +3. Suspending a Member of Judiciary shall not deprive them of their salary during the +period of suspension unless the Council decides to totally or partially deprive them of it. T he +Council, on its own initiative or at the request of a Member of Judiciary, may reconsider the +order of suspension and deprivation of salary. + +Part ( 5): Judicial Inspection + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (88) +1. The Judicial Inspection Circuit reports to the Council. It shall be composed of a President, +directors, and a sufficient number of senior judicial inspectors and judicial inspectors by way of appointment or delegation from among the Members of Judiciary . +2. A department shall be established at the Public Prosecution for the Judicial Inspection of +Prosecution Offices and Public Prosecution members. Such department shall report to the +Council. This department shall be supervised by a Member of the Public P rosecution with a +rank of no less than an Advocate General who shall be assisted by a sufficient number of +Members of Public Prosecution, each with a rank of no less than a Chief Prosecutor. +3. The Judicial Inspection by -law shall be issued by a decision b y the Council based on the +proposal of the Head of the Judicial Inspection Circuit and the Attorney General, each +within their jurisdiction. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (89) +1. The Judicial Inspection Circuit is responsible for inspecting the work of the Presidents of +the Fed eral Courts of First Instance and Federal Courts of Appeal, their Deputies and +Judges, in accordance with the controls that ensure that the independence of Judiciary is +not compromised. +2. The Judicial Inspection Circuit may conduct a general inspection of the Federal Courts of +First Instance and Federal Courts of Appeal to determine the progress of work in them and the extent of the regularity of administrative and clerical work in them. +3. The Judicial Inspection Circuit is responsible for examining and investigating complaints lodged against Judges and Presidents of the Federal Courts of First Instance and Federal +Courts of Appeal, and their Deputies, related to their jobs and duties or their +behaviour -related matters. +4. The Judicial Inspection Circuit m ay refer to the Council what it deems relevant to +inspecting the work of Members of Judiciary in accordance with the inspection system +issued by the Council. + + Page 24 5. The Public Prosecution Offices Judicial Inspection Department shall have the same +competencies established for the Judicial Inspection Circuit in terms of the Members of +Public Prosecution. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (90) +The work of Members of Judiciary stipulated in article (90) of this Decree -Law shall be +inspected periodically, and the inspection may be sudden. Th e assessment of competence +shall be in accordance with the criteria and percentages set by the Council for the following +grades: + +Excellent + Very Good + Pass +The competence report shall be deposited in a special file for the Member of Judiciary, and +they shall be notified of it and of all notes or other papers that are deposited in their file. +They may view that file whenever they so request. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (91) +1. Th e concerned Member of Judiciary may file a grievance against the inspection report +within (15) fifteen days from the date of their notification thereof. The grievance is +submitted to the Council which shall decide upon it within a maximum period of one mon th, +either by accepting the grievance or by rejecting it. The decision issued in the grievance may be appealed before the Federal Supreme Court within one month from the date on +which the concerned Member of Judiciary becomes aware of it. +2. The Federal Su preme Court shall decide on the appeal after reviewing the papers and +hearing the statements of the complainant when necessary. Its decision in this regard shall +be final. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (92) +1. To be promoted, a Member of Judiciary is required to have a grade of at least ""Very +Good"". +2. In the event that a Member of Judiciary obtains three successive reports with a grade of +""Good"" or two successive reports with a grade of ""Pass"" the Attorney General or the Head +of the Judicial Inspection Circuit, as the case may be, shall refer the matter to the Council. +The Council may decide either to refer the concerned Member of Judiciary to retirement, or +transfer them to a non -judicial position, or terminate their secondment contract or +employment agreement, as the case may be. The decision of the Council in this regard shall +be final. + + Page 25 3. If a reason arises for a Member of Judiciary to be unfit for assuming justice jobs, the +Attorney General or the Head of the Judicial Inspection Circuit, as the case may be, may +request the C ouncil to refer such Member of Judiciary to retirement, transfer them to a +non-judicial position, or terminate their secondment or employment agreement. The +Council may take what it deems appropriate towards examining such request, conducting +any investiga tion that may be necessary in its regard, and issuing its decision either to +reject the request or to approve it. In the case of approval, a Federal Decree shall be issued for transferring the concerned Member of Judiciary to a non -judicial position or ref erring +them to retirement. +4. In the event that a Member of Judiciary is transferred to a non -judicial position, they +shall keep receiving the salary they received prior to the transfer in their personal capacity, even if it exceeds the maximum limit of th e salary of the position they are transferred to. +The Secretary -General of the Council shall notify the concerned Member of Judiciary of the +content of the Council's decision within (3) three working days from the date of its +issuance. The tenure of the co ncerned Member of Judiciary shall cease from the date on +which the Council's decision is taken. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (93) +1. The Judicial Inspection Circuit shall prepare a draft of the judicial movement (i.e. +rotation of Judges) and present the draft promotions to the Council, provided that +coordination with the Federal Attorney General is taken into account with regard to the Federal Public Prosecution. +2. At least (30) thirty days prior to conducting the judicial promotions, the Council shall notify the Members of Ju diciary who were supposed to be promoted but were not covered +by the aforementioned draft for a reason not related to the competence report, and the reasons for the pass -over shall be indicated in the notice. +3. A Member of Judiciary, who h as been notified that they have been passed over in +promotion, has the right to file a grievance within (15) fifteen days from the date of their notification. The grievance shall be submitted to the Judicial Inspection Circuit or +Department, as the case ma y be. +4. The Judicial Inspection Circuit or Department shall present the grievances to the Council +for decision before conducting the judicial promotions. The Council issues its decisions +regarding the approval of passing over or promotion after reviewing the papers and +hearing the statements of those it deems necessary to hear. The decisions of the Council in this regard shall be final. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (94) +1. The Federal Supreme Court shall have the exclusive jurisdiction to adjudicate requests submitted by Membe rs of Judiciary to cancel final administrative decisions related to any of +their job affairs if the request is defective in formality, or if it is based on a violation of laws or regulations, mis -application or mis -interpretation thereof, or power abuse. + + Page 26 2. The Federal Supreme Court shall have exclusive jurisdiction to settle requests for +compensation for those decisions and disputes related to salaries, pensions and gratuities +due to the Members of Judiciary concerned or their heirs. +3. The request shall b e submitted within (60) sixty days from the date of the concerned +person's notification of the decision issued against them, in a statement filed with the Case +Management Office of the Federal Supreme Court containing the subject matter of the +request and the supporting documents. +4. The President of the Court appoints one of its Judges to prepare the case and make +arrangements for pleading. The President of the Court may issue the decisions necessary +for the same. The case shall be prepared expeditiously. +5. The President of the Court shall determine the Circuit competent to consider the request. The Case Management Office at the Court shall notify the litigants with a copy of the +statement and instruct them to attend the specified session. No fees are due for this +request. The litigants may delegate the Secretary -General of the Council to appear before +the Court. +6. The applicant shall undertake all procedures in front of the Circuit by themselves. They +may present their defence in writing or delegate a Mem ber of Judiciary other than the +Judges of the Federal Supreme Court to do so. +7. The Circle shall decide on the request after reading the preparation report and hearing +the defence of the applicant and the Public Prosecution representative, and the applica nt +shall be the last to speak. The judgment issued in the request is not subject to appeal by any method of appeal. + +Part ( 6): Judicial Assistants + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (95) +1. Every Court and Public Prosecution Office shall have a sufficient number of process servers , secretaries, translators and interpreters, clerks and administrative staff to carry +out the necessary clerical and administrative work. +2. Work shall be distributed among them by a decision issued by the President of the Court or the Chief Prosecutor, as the case may be. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (96) +The Ministry of Justice shall assume all matters related to the appointment, promotion, and allowances of Judges' assistants and the employees and personnel of Courts and Public +Prosecutions Offices. They shall be subject to the provisions of the federal legislation +governing government human resources. + + + Page 27 " +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (97) +Administrative assistants and employees shall take an oath before one of the Court Circuits +in which they work, or before the Advocate General within their jurisdi ction falls the +workplace of such administrative assistants and employees, to perform their duties honestly and truthfully, and not to disclose the deliberations and documents presented to +them. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (98) +1. Disciplining Judges' assistants and Court and Public Prosecution Offices officials shall be +before a Disciplinary Committee formed under the Chairmanship of a Judge and with the +membership of a Prosecutor and one of the employees of the Ministry of Just ice whose rank +is not lower than the ranks of the person referred to the Disciplinary Committee. +2. The Council shall issue a decision to form one or more Disciplinary Committees. The decisions of such Disciplinary Committees shall be final. +3. The Discipl inary Committee may impose the disciplinary penalties stipulated in the +legislation related to human resources in the Federal Government. +4. Court Presidents and Members of the Public Prosecution with a rank of no less than a Chief Prosecutor, within the l imits of their jurisdiction, shall have the power to issue +warning notices against Courts and Public Prosecution Offices assistants and employees. +5. The warning notice decision may be appealed before the Minister of Justice. The decision +of the Minister of Justice on the grievance shall be final. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (99) +The Judges' assistants, Courts and Public Prosecution Offices employees may not engage in +work that falls within the limits of their functions in cases related to themselves or to their +spouses, relat ives or in -laws up to the fourth degree. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (100) +The Council shall issue the organizational structures of the Federal Courts and the Public +Prosecution. + +Part ( 7): Final Provisions + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (101) +The Minister of Justice shall have general supervisi on over the services related to the +management of the work of the Federal Courts in a manner that ensures the performance + + Page 28 of their mission in a manner that serves justice, without prejudice to the independence of +Judiciary. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (102) +The application of grade and salary scales for Members of Judiciary in force at the time of +the issuance of this Decree -Law shall continue pending the issuance of the Decree referred +to in article (58) of this Decree -Law. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (103) +Except as provided for h erein, Members of Judiciary shall be subject to the provisions of +legislation relating to human resources in the Federal Government . + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (104) +Counselors and members of the Department of Legislation and State Issu es at the Ministry +of Justice shall have the guarantees, benefits, salaries, allowances, duties and rights +established for their peer Members of Judiciary. Moreover, they shall be subject to +disciplinary accountability in accordance with the provisions con tained herein. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (105) +1. The Council shall issue the decisions necessary to implement the provisions hereof. +2. The decisions and regulations in force prior to the entry into force of the provisions +hereof shall continue to be enforced in a manner t hat does not conflict with the provisions +hereof pending the issuance of their replacement in accordance with the provisions hereof. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (106) +The following laws are hereby repealed: + +1. Federal Law No. (3) of 1983 regarding Judicial Authority. +2. Federal Law No. (3) of 1996 regarding the jurisdiction of Sharia Courts to consider +some crimes. +Any provision that contradicts or contravenes with the provisions hereof shall also be +repealed. + +" +justice and juiciary,Federal Decree by Law No. 32 of 2022 Concerning the Federal Judicial Authority,"Article (107) +This Decree -Law shall be published in the Official Gazette and it shall be effective as of +January 2, 2023. + + Page 29 +Signed +Mohammed bin Zayed Al Nahyan +President of the United Arab Emirates +Issued by us at the Presidential Palace - Abu Dhabi: +On : 7 th of Rabi' al- Awwal, 1444 AH +Corresponding to : 3 rd of October 2022 AD + + " +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (1) Definitions +In application of the provisions of this Law by Decree, the following words and phrases +shall have the meanings assigned to each of them unless the context requires otherwise: +State : United Arab Emirates. +Ministry : Ministry of Finance. +Minis ter : Minister of Finance. +Court : The competent court subject to rules of jurisdiction stipulated +in the aforementioned Federal Law No. (11) of 1992. +Debtor : The natural person who is in insolvency. +Debtor's Debts : Debts due by the debtor arising from an obligation created +towards him prior to the date on which the court issues its +decision to commence the insolvency procedures. +Debtor's +Assets : Movable and immovable assets added to the positive side +of the debtor's financial liability on the date of the decision +to commence the insolvency procedures or during any +procedures stipulated in this Law by Decree. +Debtor's +Businesses : Activities practised or not practised by the debtor during +taking any procedure stipulated in this Law by Decree. +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 3 + Cessation of +Payment : Inability of the debtor to pay any due debt. +Interested Party . + +Interested +Party : A natural or legal person that has an interest in any of the +procedures stipulated in this Law by Decree +Exchange Rate : The exchange rate of the Emirati Dirham against foreign +currencies as announced by the Central Bank of the United +Arab Emirates. +Measures : Necessary measures taken by the court in order to safely +maintain or manage the debtor's funds in accordance with the +provisions of this Law by Decree. +Experts' Roster : The Roster of accredited experts in accordance with the +provisions of the aforementioned Law by Decree No. (9) of +2016. +Expert : The expert who is recorded at the Experts' Roster. + +Trustee : The trustee appointed by the court from among the experts +recorded in the Experts' Roster. +Scheme : The scheme to settle the financial liabilities of the debtor, +prepared in accordance with the provisions of this Law by +Decree +Insolvency : Facing current or potential financial difficulties that make the +debtor unable to settle his debts. + +title +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 4 + " +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (2) Scope of Application +The provisions of this Law by Decree shall be applicable to debtors who are not subject +to the provisions of the aforementioned Federal Law by Decree No. (9) of 2016. + +Title Two : Settlement of Financial Liabilities +Chapter One Application for Commencing Procedures of Settlement of +Financial Liabilities +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (3) Submittal of Application +The debtor may submit an application to the court without any litigation against anyo ne +to settle his financial liabilities in accordance with to the provisions of this Law by +Decree, provided that the application shall be accompanied with the following +documents: + +A memo containing a brief description of the financial position and any det ails relevant +to the sources of his income inside or outside the State, his job, professional or craft +status, as the case may be, predictions of the debtor's cash liquidity and the sources of +such liquidity within the twelve (12) months following the subm ittal of the application. +A statement of names and addresses of creditors whose debts the debtor is unable or is +expected to be unable to pay; the value of the debt of each creditor, the due dates and +guarantees provided to such creditors, if any. +A detail ed statement of movable and immovable funds inside and outside the State and +the approximate value thereof on the date of the application submittal. +A statement of any claims, legal or judicial proceedings taken against the debtor. +A statement from the deb tor that he faces current or potential financial difficulties and +that he is unable or is expected to be unable to pay all his debts, whether those that are +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 5 + due on the date of the application submittal or those that will be due in the future. +The funds req uired for living of the debtor and his family in addition to any other person +supported thereby. +Proposals of the debtor about the settlement of his financial liabilities. +The debtor's nomination of an expert to undertake the procedures pursuant to the +provisions of this Law by Decree. +Disclosure statement about the financial transfers outside the State that occurred during +the last twelve (12) months. +Any other documents that support the submittal of the application or that are required +by the court. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (4) Non -completion of Required Data + +If the debtor could not provide any of the documents or data required subject to the +provisions of article (3) of this Law by Decree, he shall state the reasons in his +application. +If the court thinks that documents submitted are not sufficient to reach a decision +concerning the application, the court may give the debtor a grace period to submit any +additional data or documents. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (5) Payment of Fees, Costs and Expenses +The debtor shall pay the judicial fees. +The court shall estimate the fees of the experts and the costs and expenses expected for +the procedures of financial settlement and shall notify the debtor thereof within a time +not exceeding the day following the day of the application submittal. +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 6 + The debtor shall deposit at the court's treasury a cash amount or a bank guarantee on +the date determined by the court to cover the fees of the trustee and the costs and +expenses expected for the procedures of the financial settlement. +The court may, at th e request of the debtor, postpone the deposit of the amount or bank +guarantee stipulated in Clause (2) of this Article if sufficient funds required to cover costs +and expenses on the date of the application submittal are not available; provided that +such f unds shall be collected, prior to all other creditors. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (6) Taking Measures +The court may, at the request of any interested party or upon its discretion, take +necessary measures to keep and maintain the funds of the debtor until the application is +decided on or during the procedures of settlement of financial liabilities. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (7) Deciding on the Application + +The court shall decide on the request without a declaration or pleading within a period +not exceeding five (5) working days as of the submitta l date of the application fulfilling +its requirements. +If the court accepts the request, it shall decide to commence the procedures of +settlement of financial liabilities. +The decision of the court to accept the debtor's application for settlement of his f inancial +liabilities shall result in the suspension of the creditor's right to request the execution on +the debtor's funds or to request the commencement of the procedures of his insolvency +and liquidation of his funds. This suspension shall continue until the completion of the +procedures of settlement of the debtor's financial liabilities. +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 7 + Notwithstanding the provisions of Clause (3) of this Article, the creditor may, if he has a +guaranteed debt, pledge the right of execution on his guarantees when the deb t is due, +provided that he obtains a permission from the court. The court in turn shall decide on +giving the permission within ten (10) working days as of the date of his request without +litigation. The court shall also ascertain when giving the permission that there is no +conspiracy between the debtor and the guaranteed creditor and the priority degree of +the guaranteed creditor if there are multiple creditors who have guarantees on the same +funds. +The decision issued by the court to refuse the permission may be appealed before the +Court of Appeal. Such appeal shall result in the suspension of the procedures of +settlement of financial liabilities. The decision issued on the appeal shall be final. +The decision of the court to commence the procedures of settlement of financial +liabilities shall result in the suspension of the debtor's obligation to request his +insolvency and liquidation of his funds. Suspension of execution shall continue during +the period of the procedures of settlement of financial liabilities unless the debtor +violates his obligations stipulated in the scheme, in accordance with the provisions of +this Law by Decree. +The application submitted by the debtor for settlement of his financial liabilities shall not +make his forwa rd debts due at the time of submitting this application. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (8) Appointment of Expert + +The court shall appoint, in the decision to commence the procedures of settlement of +financial liabilities, one or more experts to assist the debtor to settle his fi nancial +liabilities. +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 8 + If more than one expert is appointed, they should perform their duties jointly and shall +take decisions with the majority of votes. In the event of parity, the matter shall be +referred to the court to decide. The court may divide the d uties among the experts and +shall determine the way of their work, whether jointly or severally. +The court shall inform the expert of the decision of his appointment on a date not +exceeding the day following the issuance of its decision to commence the pro cedures +and shall provide him with all information available concerning the application. +The expert shall not be a creditor to the debtor, has an interest in the debtor or relative to +the debtor to the fourth degree. +The expert shall undertake his duties a s soon as he is informed of the decision of +appointment. +The expert shall, within five (5) working days as of the date on which he is notified of his +appointment decision, publish the summary of the decision to commence the +procedures in two wide -spread da ily newspapers, one in Arabic and the other in English, +provided that the publication shall include an invitation to the creditors to submit their +claims and the supporting instruments and deliver them to the expert within a period +not exceeding twenty (20 ) working days as of the publication date. +The expert is entitled to require any details or information from the debtor or any other +person that has information relevant to the settlement procedures. In case of refusing to +provide those details or informat ion, the matter shall be presented to the court. +The debtor shall provide the expert with any additional details not informed to the court +about his creditors or amounts of debts within the period determined by the expert. +The expert is entitled to present a request to the court to assist him in performing his +duty as required, including the request to disburse any amounts of money to cover costs +and expenses necessary for the progress of the procedures. +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 9 + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (9) Submitting Debt Documents + +The creditors s hall, even if their debts are not due or guaranteed, provide the expert, +within the period determined in Clause (6) of article (8) of this Law by Decree, with the +documents of their debts accompanied by their details and guarantees, if any, the due +dates o f such debts and the amounts in AED based on the exchange rate of the day on +which the court decided to commence the procedures. +The expert may require the creditor who presented his claims to provide notes about the +debt, complete relevant documents or to certify any claims by the auditor of the creditor +or an independent auditor. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (10) Debts' Report + +The expert shall prepare a list of all creditors of the debtor and specify the addresses of +each of them, the amount of the due debt, its due date and a statement of the owners of +guaranteed debts, the guarantees designated for each of them in addition to the +approximate value of these guarantees, if any, and any other data deemed necessary by +the expert to perform his duties. +Without prejudice to Cl ause (1) of this Article, the expert shall prepare a report about the +funds and debts of the debtor and all circumstances that relate to his default or cessation +of payment and shall submit it to the court within twenty (20) working days as of the +expiry d ate of the grace period given to creditors in Clause (6) of article (9) of this Law by +Decree to submit documents of their debts. The report shall demonstrate whether or not +the settlement of financial liabilities is possible in the light of income resourc es of the +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 10 + debtor. +The court may, at the request of the expert, give him additional period for the +preparation of the report stated in Clause (2) of this Article. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (11) Examining the Report + +The court shall examine the report prepared by the expert in order to verify the debts of +the debtor. +If the court deems it necessary to complete the procedures of settlement of financial +liabilities, it shall issue a decision to mandate the expert to prepare the scheme. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (12) Application Dismissal +In all eve nts, the court shall decide to stop the procedures of settlement of financial +liabilities and dismiss the application for settlement of financial liabilities in the +following events: + +If it is proved to the court that the debtor has made any action or abstained to make any +action in order to conceal or destroy any part of his funds. +If the debtor has provided false data about his debts, rights or funds. +If the debtor is in cessation of payment of any of his debts in their due dates for a period +exceedin g fifty (50) consecutive working days due to his incapacity to fulfil these debts. + +Chapter Two Preparation of Settlement of Financial Liabilities Scheme +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (13) Presenting the Scheme to Creditors + +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 11 + The expert shall prepare the scheme in cooperation with the debtor, provide a copy for +creditors and lodge a copy at the court within (22) working days as of the date on which +the court mandated the expert to prepare the scheme. +The court may extend the period of lodging the scheme if needed. +The expert shall invite the debtor and creditors to one or more meetings, and shall +specify the place and time, to discuss and vote on the scheme, provided that the first +meeting shall be held within a period not exceeding ten (10) working days as of the da te +on which creditors are provided with a copy of the scheme in according with Clause (1) +of this Article. +The expert may send the invitation to attend the meeting stipulated in Clause (3) of this +Article by any possible means of communication. +The expert may invite creditors to other meetings during the procedures of the scheme +preparation or to postpone the date of the creditors' meeting, taking into consideration +the number of known creditors and any other significant circumstances to hold the +meeting. +The debtor and creditor shall attend the meeting in person or through their legal +representatives. +The period proposed for executing the scheme may not exceed three years as of the date +on which the court approved the scheme. This period may be extended at the consent of +the majority of creditors who own two thirds of the debts that were not paid as per the +scheme. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (14) Replacement of Guarantees + +The expert may propose an alternative guarantee for any creditor of guaranteed debt, +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 12 + provided that such pr ocedure would achieve a benefit for the execution of the scheme +and the value of the alternative guarantee shall not be less than the value of the +guaranteed debt. +If the creditor of the guaranteed debt does not accept the proposed offer, the expert may +present the matter to the court and the latter is entitled to order the replacement of the +guarantee if this would achieve a benefit for the execution of the scheme and will not +harm the interest of the guaranteed creditor. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (15) Voting on the Scheme + +The meeting of creditors stipulated in Clause (3) of article (13) of this Law by Decree +shall not be duly valid unless attended by a majority that exceeds half of creditors' +number, provided that such creditors shall represent at least two thirds of total validated +debts. +If the quorum is not complete in the first meeting, creditors shall be invited to a second +meeting within ten (10) working days as of the date of the first meeting. The meeting +shall be valid with the actual attendants provided that the at tendants shall represent at +least two thirds of total debts. If this quorum is not achieved, the expert shall present the +matter to the court to decide the possibility to complete the procedures of financial +settlement of the debtor. +Voting shall be confin ed to creditors whose claims are accepted by the court. Other +creditors may not vote unless the court allows the same. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (16) Persons with No Right to Vote + +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 13 + The following persons may not participate in the creditors meeting or vote therein: +Spouse of the debtor. +Any person financially supported by the debtor. +Relatives of the debtor to the second degree. +The expert shall manage the creditors' meeting and shall verify during the meeting the +capacity of persons entitled to vote. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (17) Amendment of Scheme + +The debtor or any of the creditors may propose amendments to the scheme during the +meeting. Creditors shall vote in the meeting on any amendments to the scheme. +The expert may hold a second meeting for creditors to vote on the proposed +amendments. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (18) Approval of the Scheme + +Approving the scheme shall be with the majority of votes of attending creditors whose +debts are not less than two thirds of the value of validated debts. +The expert shall give the creditors who did not approve or abstained to vote on the +scheme or did not participate in voting a grace period not exceeding fifteen (15) working +days as of the date of ratification of the scheme to join it. +The creditor who did not attend the meetings dedicated to vote on the scheme shall be +deemed to have approved the scheme if he provided the expert with his requests which +have been included without any change to the scheme prior to the meeting. +If the debtor agrees with a creditor to give such creditor special privileges to vote on the +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 14 + scheme, which resulted in harm to other creditors, the court may set nullify this +agreement of its own accord or at the request of one of the creditors. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (19) Extension of Voting Time +The court may, at the request of the expert if the required approval to the scheme is not +obtained, give the debtor a grace period not exceeding ten (10) working days to +determine a new date for voting on the scheme or amending it to be presented to +creditors. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (20) Ratification of the Scheme + +The co urt shall ascertain that the scheme includes that all creditors who are affected +thereby shall obtain at least what they would have obtained if the funds of the debtor +have been liquidated on the date of voting on the scheme subject to the discretion of th e +court. +The court shall issue a decision to ratify the scheme if all conditions stipulated in the +above Articles are fulfilled and it shall be binding on all creditors. +If the court decides to refuse the ratification of the scheme, it shall initiate insol vency +proceedings and liquidation of the debtor's funds in accordance with the provisions of +Title III of this Law by Decree. +The expert shall notify the creditors of the decision of the court within five (5) working +days as of the court's decision to rati fy or reject the scheme. + +Chapter Three Execution of Scheme +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (21) Management of Scheme Execution +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 15 + +The expert shall work as a supervisor of the scheme during the execution period and he +shall follow up the progress of the scheme and inform the court of any default in its +execution. The expert is entitled to obtain any data necessary for performing his duties. +The appointment of the expert shall not affect the ability of the debtor to directly +manage his businesses through the execution of the scheme of settlement of financial +liabilities. In addition, this shall not exempt the debtor from any legal or contractual +obligations arising from the practice of his businesses. + + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (22) Selling Properties of the Debtor +The expert shall sell the properties of the debtor that are decided to be sold subject to the +scheme execution for the best price that can be obtained in the light of the conditions +prevailing the market on the date of selling. The sale amount or any other revenues due +to the scheme execution sh all be deposited in the treasury of the court. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (23) Scheme Execution Report + +The expert shall prepare a report on the progress of the scheme execution every three (3) +months and a copy shall be presented to the court. Any creditor may obtain a copy of +that report. +Procedures of settlement of financial liabilities shall be confidential and no one who has +participated in the procedures of settlement of financial liabilities, or know thereof due +to his job or profession, may disclose these procedur es to third parties unless subject to +applicable legislations. +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 16 + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (24) Amendment of Scheme after Commencement of Execution +If the expert deems it necessary to make amendments to the scheme during execution, +which would make a change in the rights or ob ligations of any party, then he shall apply +to the court for the approval of such amendments. The court shall, prior to deciding on +the application, notify all creditors who can be affected by such amendments and any +other creditors the court deems necessa ry to notify within five (5) working days as of the +date of the expert's request in order to express their notes about the amendments +required. This shall be within ten (10) working days as of the notification date. The court +may issue a decision to permit all or part of the amendment or to dismiss it, provided +that the decision of the court shall take the interest of the creditors into consideration. + +Chapter Four Termination, Completion and Nullification of Financial +Settlement Procedures +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (25) Termi nation and Completion of Settlement Procedures + +The court shall decide to terminate the procedures of settlement of financial liabilities of +the debtor in the following cases: +If the court finds that reaching a settlement of financial liabilities is imposs ible. +If it is impossible to apply the scheme because the debtor ceases to pay any of his debts +in their due dates for a period that exceeds forty (40) consecutive working days due to +his incapacity to fulfil these debts. +If the debtor requests the court to terminate the procedures of the scheme execution +prior to the completion of settlement of financial liabilities with the creditors. +If the period dedicated for the scheme execution expires and the completion of +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 17 + settlement of financial liabilities could not be done. +If the debtor fails to execute the scheme. +If all obligations stipulated in the scheme are fulfilled, the court shall issue a decision to +complete the scheme execution at the request of the expert, debtor or any creditor. This +decision s hall be published in two daily local newspapers one of which is issued in +Arabic and the other is issued in English. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (26) Nullification of Scheme + +The court shall issue a decision to set aside the approved scheme if it is shown to the +court that the debtor has escaped or attempted to escape to fulfil his obligations, such as +concealing or destroying any part of his funds, providing false data about his debts, +rights, funds or his disposition of his rights or funds. +Any interested party may file a lawsuit for nullification in accordance with the provisions +of Clause (1) of this Article within six (6) months as of the discovery of the action. In all +events, the lawsuit shall not be admitted if it is submitted after two (2) years as of the +date on whi ch the court's decision to approve the scheme has been issued. +If the court ruled to nullify the scheme, the liability of any guarantor who guaranteed the +execution of the scheme shall be discharged. Creditors shall not be obliged to return +back any amount s they had received from the debtor in consideration of due debts prior +to the judgment of nullification of the scheme. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (27) Effect of Nullification of Scheme +The court shall order within its decision to nullify or terminate the scheme in accordance +with the provisions of Clause (1) of article (25) and article (26) of this Law by Decree to +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 18 + initiate the insolvency of the debtor and liquidation of his assets subject to the +provisions of Title III of this Law by Decree if it is proven to the court that such decision +resulted in the debtor's cessation of payment of debts that are due on the date of the +decision of nullification or termination of the scheme for a period that exceeds forty (40) +executive working days due to his inability to pay such debts. + +Title Three : Insolvency of Debtor and Liquidation of his Assets +Chapter One Initiating the Procedures of the Debtor's Insolvency +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (28) Debtor's Submittal of Application + +The debtor shall submit an application to the court to commence the procedures o f his +insolvency and liquidation of his assets if he ceases to pay any of his debts in their due +dates for a period that exceeds fifty (50) consecutive working days due to his incapacity +to fulfil these debts. +The value of the debts that obligate the debto r to submit the application referred to in +Clause (1) of this Article shall be determined by a resolution issued by a Cabinet +resolution upon the proposal of the Minister. +The debtor shall combine the application with all documents stated in article (3) of this +Law by Decree. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (29) Right of Creditor to Submit the Application + +The creditor or a group of creditors whose credit is not less than two hundred thousand +(200,000) AED shall be entitled to submit an application to the court to commence the +procedures of the debtor's insolvency and liquidation of assets subject to the provisions +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 19 + of this Title if the creditor has given the debtor a notice to fulfil the due debt and the +debtor did not pay within fifty ( 50) consecutive working days as of the date of the notice. +The creditor shall submit the application to the court to commence open the procedures +of insolvency and liquidation of assets combined with the following documents: +Documents that prove the debt stating the amount thereof, the due dates and any +relevant guarantees, if any. +A copy of the notices referred to in Clause (1) of this Article. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (30) Amendment of Financial Values and Periods +The Cabinet may, upon a recommendation from the Minister, issue a resolution to +amend the financial values and periods referred to in Articles 28) and (29) of this Law by +Decree. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (31) Payment of Fees, Costs and Expenses + +Subject to the provisions of Art icles (28) and (29) of this Law by Decree, the applicant +shall pay the judicial fees. +The court shall estimate the fees of the experts and the costs and expenses expected for +the procedures of insolvency and liquidation of assets and shall notify the debto r of its +estimation within a time not exceeding the day following the day of the application +submittal. +The applicant shall deposit at the court's treasury a cash amount or a bank guarantee on +the date determined by the court to cover the fees of the trust ee and the costs and +expenses expected for the procedures of insolvency and liquidation of assets. +The court may, at the request of the applicant, postpone the deposit of the amount or +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 20 + bank guarantee stipulated in Clause (2) of this Article if sufficient f unds required to cover +costs and expenses on the date of the application submittal are not available; provided +that such funds shall be collected, prior to all other creditors, from the first amounts of +money received by the debtor. +If the court decides to initiate the procedures of the debtor's insolvency and liquidation +of assets during the procedures of settlement of financial liabilities, it may decide to +deposit an additional cash or bank guarantee to cover the fees, costs and expenses of the +trustee. + +Chapter Two Appointment of the Trustee and Practising his Duties +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (32) Appointment of the Trustee + +The court shall, if decided to commence the procedures of the debtor's insolvency and +liquidation of assets, appoint a trustee to manage such procedure s. +If the debtor has been previously subject to the procedures of settlement of financial +liabilities, the court may appoint the expert who had been appointed in accordance with +the provisions of article (8) of this Law by Decree as a trustee of insolvency . + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (33) Publication of Appointment Decision +The trustee, within (5) five working days as of the date of the court's decision to +commence the procedures of insolvency and liquidation of funds of the debtor, shall +publish the decision of the court in t wo widely circulated local daily newspapers, one of +which is issued in Arabic and the other in English language. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (34) Submittal and Examination of Claims +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 21 + +The trustee shall require the creditors to submit their claims within twenty (20) working +days as of the date of publication of the court's decision in the two newspapers. No +claims shall be considered after this date unless there is an excuse accepted by the +trustee. +The trustee shall make the final examination of the claims of credito rs and prepare a +report on the financial position of the debtor and shall deliver it to the court within ten +(10) working days as of the expiry date of the period determined in Clause (1) of this +Article. The court may extend this period to one similar per iod. +If the value of the claims is determined in a foreign currency, it shall be converted to the +national currency at the exchange rate on the date of issuing the decision to commence +the procedures of insolvency unless the creditor and debtor agree other wise. +The court may, at the request of the trustee, assist him to perform his duty, including +disbursing amounts to cover fees and expenses necessary for conducting the +procedures. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (35) Admission of Claims and Granting Grace Period + +The court shall determine, after reviewing the report of the trustee, the claims to be +admitted and accepted thereby. +The court shall decide on the insolvency of the debtor and liquidation of his assets +within fifteen (15) days as of receiving the trustee's report. +The court may, upon a recommendation from the trustee and at the request of the +debtor, prior to the initiating the liquidation of the debtor's assets, grant the debtor a +grace period supervised by the trustee not exceeding (3) three months, renewable for +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 22 + similar periods, to amicably settle his debts with the creditors, provided that such action +shall not harm the interest of creditors. +Any creditor may appeal the decision issued by the court to give the debtor a grace +period for amicable settlement before the Court of Appeal. Such appeal shall not result in +the suspension of the procedures. The decision issued on the appeal shall be final. +If the court decides to commence the procedures of insolvency and liquidation of the +funds, all dates of all debts shal l be due, whether such debts are ordinary, secured or +preferential. + +Chapter Three Liquidation of Assets +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (36) Managing the Procedures of Liquidation of Funds + +If the court decides to commence the procedures of insolvency and liquidation of the +funds, the trustee shall manage the liquidation of all funds of the debtor except the funds +that may be kept by the debtor subject to the provisions of this Law by Decree. +The debtor shall disclose any properties he acquired or obtained for any reason after the +court decided to commence the procedures of insolvency and liquidation of funds and +the trustee shall include these properties to the funds of the debtor under liquidation. +Without prejudice to Clause (2) of this Article, the trustee shall, unless the court decides +otherwise, take legal or judicial procedures to claim any properties included in the +financial liability of the debtor. +The trustee may permit the debtor to complete any of his businesses or activities in order +to sell his assets at the best possible price, provided that the period of this permission +shall not exceed six (6) months. The trustee may extend this period, but it shall not +exceed two (2) months if this will achieve the interests of creditors. +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 23 + The court may, at the request of the de btor or trustee, permit the debtor to keep any of +his assets if the court deems that these assets are necessary to enable the debtor to +follow up his job, profession or craft. +The trustee shall manage the sale of the debtor's assets in an auction upon the approval +of the court and under its supervision and control. +The court may allow the trustee to sell some or all of the assets of the debtor in a way +other than public auction subject to the conditions it sets. +The trustee shall use the revenues of liquida tion of the debtor's assets to pay any claims +on the debtor under the supervision of the court and the surplus shall be returned to the +debtor. +The proceeds of the sale shall be distributed to creditors subject to priority specified in +article (42) of this Law by Decree. If the sold assets are a security for one of the creditors, +the trustee shall pay to the creditors according to their priority from the proceeds of +selling such assets. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (37) Requesting Information +The trustee may require information relevant to insolvency and liquidation from any +person who has such information. This includes the current or previous spouse of the +debtor or any other person who possesses properties or assets owned by the debtor or +any other person who is indebted to th e debtor whom the trustee shall order to +determine his debts due to the debtor. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (38) Right to Repayment + +Subject to article (8) of this Law by Decree, the expert shall ensure that publishing the +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 24 + decision to commencement of the procedures contains an invitation to all interested +parties who have a right in the funds of the debtor and that they shall submit a +repayment request of movable and immovable funds owned thereby from the assets of +the debtor. They shall submit the request within two months as of the date of publishing +the decision stating the kind, nature and specifications of such funds and the nature of +the right thereon. +The expert may, based on an order of the court, repay the funds in the possession of the +debtor to the owners thereof afte r validating their ownership. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (39) Assets Exempted from Liquidation Procedures +The following shall not be included in the assets of the debtor that are subject to +procedures of insolvency or liquidation: + +Retirement pension or social subsidy provided to the debtor. +Necessary funds of the debtor determined by the court for the needs of living of the +debtor and his dependants. The decision of the court may be objected to within five (5) +working days as of the date of its issue. The court shall d ecide on the objection within +five (5) working days and its decision may not be appealed. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (40) Selling Debtor's Domicile +Without prejudice to the applicable legislations in the State, the trustee may apply to the +court after the judgment of insolven cy and liquidation of the debtor's assets to obtain a +decision to sell the house which the debtor takes as domicile under his legal disposition. +Upon examining this request, the court shall take into consideration: + +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 25 + The interest of the debtor's creditors. +Whether the debtor has another house that can be used as domicile. +The number of dependant family members of the debtor living with him at the house. +The sufficiency of the price obtained from selling the house of the debtor to buy a +suitable domicile for the debtor and his dependants subject to his social circumstances at +the time of publishing the decision of insolvency and liquidation of his assets. +Any other human or social aspects relevant to the debtor. +That there are no legal or regulatory reasons preventing the disposal of the house of the +debtor. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (41) Persons Prohibited from Purchasing Debtor's Assets + +The debtor may not provide a purchase offer, whether personally or through a purchase +agent, to purchase all or some of the debtor's assets of the debtor offered for sale. +The following persons may not purchase the assets of the debtor unless the court +approves this if it achieves an interest to creditors: +The spouse of the debtor, one of his relatives by blood or marriage to the secon d degree. +Any other person who was within the past two years prior to the decision to commence +the procedures of insolvency and liquidation of the debtor's funds a partner, an +employee, an accountant or an agent of the debtor. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (42) Order of Priority on Debtor's Assets + +The trustee shall, after the approval of the court, distribute the revenues of liquidation +according to priority, provided that the creditors of guaranteed debts shall have priority +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 26 + to other creditors of preferred debts or ordi nary debts according to their guarantees. +The following categories of debts shall be considered preferred debts and shall have +priority to creditors of ordinary debts. This category of debts shall be paid subject to the +following: +Judicial fees and expense s in addition to the fees and expenses of the expert and the +trustee. +Costs or expenses disbursed by virtue of a decision issued by the court to serve the +common interest of creditors to maintain and liquidate the assets of the debtor. +End of service gratu ity, due wages of workers and employees of the debtor. +Debts of spousal maintenance due by the debtor subject to a judgment issued by a +competent court. +Amounts due to governmental entities. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (43) Distribution of Revenues of Selling Debtor's Assets + +The trustee may distribute the revenues of liquidation after each sale transaction or after +aggregating the funds of total sale transactions subject to the provisions of article (42) of +this Law by Decree. +The trustee may, after each sale transaction, subm it a distribution list to the court for +ratification. +The creditor shall receive his share in the proceeds of distribution at the place where the +trustee performs his duty unless the trustee and the creditor agree otherwise. +Shares of debts that were not t otally accepted and debts that are objected to according to +the provisions of this Law by Decree shall be detained and kept at the treasury of the +court until the final decision. +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 27 + Proceeds of amounts arising from the sale of the funds securing his debt shal l be paid to +the creditor of a guaranteed debt. If the mortgaged assets are not sufficient to fulfil the +full guaranteed debt or preferential debt, the unpaid amount of the debt shall be deemed +an ordinary debt. +The trustee shall deliver to the debtor any surplus amounts upon liquidation after +fulfilling all his liabilities. +If a creditor refuses to receive his debt, or if he is absent, or if it is difficult to recognise his +residence, the debt shall be deposited at the court treasury and the deposit receip t shall +be deemed a clearance. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (44) Procedures in Specific Conditions + +If the debtor hinders the procedures of insolvency and liquidation of assets in a way that +prevents the trustee to perform his duties subject to the provisions of this Law by Decree, +the trustee may seek the court to issue an order on a petition to take any appropriate +procedure against the debtor. +If it is shown to the court, after the issuance of the insolvency and liquidation of the +funds of the debtor, that there are any un disclosed funds that belong to the debtor, the +court is entitled to add such funds to the funds of the debtor under liquidation. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (45) The Report of Liquidation Procedures Progress +The trustee shall inform the court and the debtor every month of the progress of the +proceedings of insolvency and liquidation. + +Chapter Four Completion of Insolvency and Liquidation Procedures +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 28 + " +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (46) Closure of Insolvency and Liquidation Procedures + +After completion of the final distribution of the debtor's funds to cr editors, the court shall +issue a decision to close all procedures of liquidation, provided that the decision shall +include a list of creditors whose debts are accepted, their value and what had been +fulfilled. The court shall order the trustee to publish t hat decision in two widely +circulated local daily newspapers, one of which is issued in Arabic and the other is issued +in English. +The trustee shall return all documents in his custody to the debtor after the completion +of the procedures and performing his works. +The court may, at the request of the debtor or trustee, issue a judgment at any time after +the decision to commence the insolvency procedures was issued, to end the insolvency +and liquidation procedures if the court discovers the following: +That the reasons that led to commencing the insolvency procedures ceased to appear. +That the proceeds of the debtor's assets are sufficient to pay the rights of creditors. +All effects of insolvency stipulated in this Law by Decree shall be cease d +accordingly.After the decision to close the procedures of insolvency and liquidation is +issued, any creditor whose debt has been accepted by the court and was not fully +fulfilled is entitled to execute on the funds of the debtor to obtain the remainder o f his +debt. Acceptance of the debt referred to in article (35) of this Law by Decree shall be +deemed a final judgment concerning this execution. +If the proceeds of the debtor's funds are not sufficient to pay the rights of creditors, the +court shall issue a judgment declaring the insolvency of the debtor and termination of +the procedures of insolvency and liquidation. + +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 29 + Chapter Five Measures Taken Against Debtor +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (47) +The court is entitled to take necessary measures against the debtor if he committed or +starts to commit any of the following acts or dispositions: + +Escaping outside the State to avoid or delay the payment of his debts, or avoid, delay or +prevent the procedures of insolvency and liquidation of his assets. +Disposing of any of his assets with the aim to prevent the trustee from possessing them +or to delay his possession thereof. +Concealing or destroying any of his assets, documents or other relevant information that +creditors may benefit from. +Transferring any properties under his p ossession of which value exceeds five thousand +(5,000) AED without the consent of the trustee. +Not attending before the court after being notified to attend or not executing its +decisions without providing any acceptable excuse. + +Chapter Six Insolvency of the Estate of a Deceased Debtor +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (48) +The procedures of the declaration of insolvency and liquidation of the debtor's assets as +stipulated in this Law by Decree shall apply to the deceased debtor and the following +shall be taken into consideration: + +The notification of the application for the commencement of procedures of insolvency, +in the event of the debtor's death, shall be served to the last domicile of the deceased +debtor without the need to specify the heirs. +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 30 + Heirs of the debtor whose insolvency is declared shall replace the debtor in the +procedures of insolvency and liquidation of assets within the limits of the estate. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (49) +The trustee shall notify the heirs of the deceased to nominate a representative thereof in +the proceedings of insol vency and liquidation of assets. If they do not agree upon their +representative within ten (10) working days as of the date of the notification, the court +shall, at the request of the trustee, assign one of them or any other person to achieve this +purpose. The court may remove the representative of the heirs and appoint another one. + +Chapter Seven Effects of Insolvency +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (50) Dispositions of Debtor after Commencing the Procedures +The decision of the court to open the proceedings of insolvency and liquidation of funds +of the debtor shall result in the following: + +Debts of the debtor shall be due and payable. +Dispositions made by the debtor of his assets, whether for a consideration or not, shall +not be valid unless the court decides otherwise. The c ourt may order a third party to +repay any funds of the debtor or issue any other order the court deems as appropriate to +preserve the rights of creditors. In all events, the court shall hear the testimonies of the +parties to the disposition prior to decidi ng the nullity or validity of that disposition. +Recognition of any debt to the debtor's creditors shall not be enforced. +The debtor shall be prevented to manage his businesses and dispose his funds and +properties. The debtor may not make any payments that exceed five thousand (5,000) +AED without the consent of the trustee as of the date of opening the proceedings. +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 31 + Preventing the debtor from disposing of his funds shall not include the costs of his living +or his dependants subject to the decision of the cour t or the payment through set -off to +fulfil mutual obligations that have been created prior to the decision to commence the +procedures of insolvency and liquidation of funds, unless the court decides otherwise. +The debtor may not provide any personal securi ties or guarantees on his funds unless +upon a prior consent from the court. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (51) Suspension of Procedures + +During the procedures of insolvency and liquidation of assets, no lawsuits may be filed +or proceeded, and no legal or judicial procedures may be taken against the debtor in +events other than those permitted in this Law by Decree. +The decision of the court to commence the procedures of insolvency and liquidation of +assets shall result in the suspension of all judicial execution procedures against the +debtor's assets. +Notwithstanding Clauses (1) and (2) of this Article, creditors of guaranteed or +preferential debts are entitled to execute on their guarantees whenever their debts are +due after they obtain a permission from the court. The court shall decide on giving such +permission within ten (10) working days as of the date of requesting the permission. +Deciding on that permission shall not need a notification or exchange of briefs. +The decision issued by the court to refuse the permission may be appealed before the +Court of Appeal. Such appeal shall result in the suspension of the procedures of +insolvency and liquidation of funds. The decision issued on the appeal shall be final. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (52) Interests and Guarantees Provided +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 32 + The decision to com mence the procedures of insolvency and liquidation of assets shall +result in the following: + +Due legal or contractual interests on the debtor shall be suspended, including the due +interest or indemnity for late payment. +Any judicial procedure against any person that gave the debtor a personal guarantee or +transferred his funds as a guarantee for the liabilities of the debtor shall be suspended +until a judgment to liquidate the debtor's assets is issued within the limits of that +guarantee. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (53) Enforcement of Contracts + +The decision to commence the procedures of insolvency and liquidation of assets shall +not result in the avoidance or termination of a valid contract between the debtor and a +third party. The party contracting with the debto r shall fulfil its contractual obligations +unless the creditor claims non -execution or the avoidance of the contract due to the +debtor's failure to fulfil his obligations prior to the issuance of the court's decision to +commence the insolvency procedures, or if it is proven to the trustee that the debtor is +unable to fulfil his contractual obligations stipulated in said contract. The court may in +this event, at the request of the trustee or any other relevant person, issue a judgment +avoiding the contract i f it is necessary for the protection of the debtor's assets or if it +achieves an interest for all creditors and does not harm the interests of the party +contracting with the debtor. +The trustee shall, upon requesting the enforcement of any contract, ensure that debtor +has the necessary funds to fulfil his obligations stipulated in that contract and to pay any +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 33 + amount that the debtor should pay to the contracting party due to an enforceable +contract, unless the contracting party gives the debtor a grace perio d for payment. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (54) Prohibiting Dispositions and Entry in the Register +Subject to article (50) of this Law by Decree, declaring insolvency and liquidation of the +debtor's assets shall result in the following: + +Preventing the debtor to obtain a new l oan or finance for three (3) years as of the date of +the judgment of insolvency declaration. +Preventing the debtor to enter into obligations, whether for a consideration or not, +except what is required to fulfil his necessary needs and his dependants for t hree (3) +years starting on the date of the judgment of the debtor's insolvency and liquidation of +assets; unless the court permits the debtor to do so by virtue of an order on a petition +submitted by the debtor. +Entering the names of debtors, against whom judgments to declare their insolvency and +liquidation of their assets are issued, in the special register. A Cabinet resolution shall +determine the form of the register, the data to be included and the competent entity +regulating that register in addition to other relevant terms and conditions. + + + + +Chapter Eight Rehabilitation of the Debtor Whose Insolvency is Declared +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (55) Lapse of Time +Unless the provisions of this Chapter stipulate otherwise, the rights from which the +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 34 + debtor has been deprived according to the provisions of this Law by Decree shall be +recovered by any of the following: + +The lapse of three years as of the date of the completion of the debtor's insolvency and +liquidation of assets. +The lapse of two years as of the date of the completion of the procedures of the debtor's +insolvency and liquidation of assets if the debtor has fulfilled (50%) of his debts. +The lapse of one year as of the date of the completion of the procedures of the debtor's +insolvency and liquidation of as sets if the debtor has fulfilled (75%) of his debts. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (56) Rehabilitation Due to Debt Fulfilment +The debtor whose insolvency was declared shall be rehabilitated, even if the time +stipulated in article (55) of this Law by Decree did not lapse, if the debtor fulfils all of his +debts previously accepted by the court prior to ruling the declaration of insolvency and +liquidation. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (57) Settlement and Discharge +The debtor whose insolvency was declared may be rehabilitated, even if the time +stipula ted in article (55) of this Law by Decree did not lapse, in the following events: + +If the debtor concludes a settlement with all his creditors and abides by such settlement. +If the debtor proves that creditors have discharged him of all debts that were due thereby +after the court's decision to declare insolvency and liquidation. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (58) Rehabilitation of Deceased Debtor +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 35 + The debtor whose insolvency was declared shall be rehabilitated after his death at the +request of the heirs. Times stipulated in Articl e (55) of this Law by Decree shall be +calculated as of the date of the judgment of his insolvency and liquidation of assets. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (59) Rehabilitation Application +The application for rehabilitation shall be submitted with supporting documents to the +court that issued the judgment of insolvency and liquidation declaration and the court +shall notify the creditors whose debts were accepted thereby of the application for +rehabilitation. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (60) Objection to the Rehabilitation Application + +Any creditor whose debts were accepted by the court and did not collect his right shall +be entitled to object the rehabilitation application within fifteen (15) working days as of +the date of being notified. The objection shall be made via an application submi tted to +the court accompanied with the supporting documents. +The court shall, after the lapse of time stipulated in Clause (1) of this Article, notify +creditors who submitted their objections to the rehabilitation application of the date of +the hearing sch eduled to consider the request. +The court shall decide on the rehabilitation application by issuing a judgment that shall +be appealable before the Court of Appeal. +If the rehabilitation application is dismissed, it may not be submitted again unless after +the lapse of six (6) months as of the date of dismissal. + +Title Four : Provisions Dedicated for the Expert and Trustee +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 36 + " +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (61) Replacement +The court may at any time replace the expert or the trustee or appoint additional experts +or trustees. +The court may replace the expert or trustee at the request of the creditor or debtor if it is +proven to the court that his appointment may harm the interests of creditors or debtor. +However, the request shall not suspend the procedures. +The expert or trustee may reques t the court to relieve him of his duties and the court is +entitled to appoint an alternative. The court may also determine the fees of the expert or +trustee relieved for his services. +The appointment of the alternative expert or trustee shall be through th e same +appointment procedures stipulated by the provisions of this Law by Decree. He shall, +within (5) working days as of the date on which he is notified of the appointment +decision, publish the decision of his appointment in two widely circulated local d aily +newspapers, one of which is issued in Arabic and the other is issued in English. The +replaced expert or trustee shall cooperate as much as possible to enable the alternative +expert or trustee to undertake his duties. +The court may evaluate the phase o f the procedures under consideration at the time of +replacing the expert or trustee and it may grant the new expert or trustee a sufficient +period to complete the procedures. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (62) Fees +The court shall determine the fees of the expert or trustee appo inted and such fees shall +be paid from the amounts or bank guarantees deposited at the treasury of the court. If +these amounts are not sufficient to pay all the fees, the remainder amount shall be paid +according to the provisions of article (42) of this La w by Decree. +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 37 + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (63) Fees collection + +The expert or trustee shall collect his fees, allowances of costs and expenses incurred +from the funds of the debtor. Subject to a decision issued by court, a payment may be +disbursed from such fees and expenses. +If the funds of the debtor are not sufficient to pay the fees, expenses and costs, the expert +or trustee is entitled to apply to the court to pay his dues from the treasury of the court. If +any dues are paid from the treasury of the court, these amounts shall be recovered prior +to all creditors from the first amounts entering into the funds of the debtor. +Each stakeholder may submit a grievance to the court against the estimation of the fees, +expenses and costs of the expert and trustee. Such grievance shall not suspend the +procedures and the court shall decide on the grievance within five (5) working days as of +the date of its submittal and its decision cannot be appealed by any way of appeal. + +Title Five : Penalties +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (64) +Penalties stipul ated in this Law by Decree shall not prejudice any severer penalty +stipulated by any other law. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (65) +Any creditor who commits any of the following acts shall be punished with +imprisonment and a fine not less than ten thousand (10,000) AED and not ex ceeding +one hundred thousand (100,000) AED or with one of these two punishments: +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 38 + +If the creditor submits a claim relevant to a false or fake debt against the debtor. +If the creditor increases his debts due by the debtor in an illegal way. +If the creditor votes in any meetings on decisions relevant to the settlement of financial +liabilities of the debtor and he knows that he is legally prohibited. +If the creditor, after the decision of the court to initiate the procedures of insolvency and +liquidation of fu nds, agreed with the debtor to take special privileges in a way that harms +other creditors despite being aware of that matter. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (66) +A debtor shall be punished with imprisonment for a period not exceeding two years and +a fine not less than twenty tho usand (20,000) AED and not exceeding sixty thousand +(60,000) AED or one of these two punishments if the debtor declared his insolvency and +has been proved that declaration of insolvency caused a loss for his creditors due to +committing one of the following acts: + +If the debtor has spent big amounts of money on speculations that are not required for +his usual businesses or on purchasing services, commodities or items of personal or +domestic use that are not suitable for his unstable financial position, or if he performs +gambling while he is aware of the potential harms to his creditors. +If the debtor paid the debt of one creditor in order to harm other creditors within the six +(6) months prior to the submittal of his application to settle his l iabilities or declare his +insolvency. +If the debtor disposes of his funds in a bad faith for a price that is less than the market or +seeks harmful methods to harm his creditors in order to delay insolvency declaration +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 39 + and liquidation of his funds. +If the d ebtor paid any debt or disposed of any funds while he was aware that such action +violated the conditions of the scheme. + +Title Six: Final Provisions +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (67) +If the court decides to commence the procedures of settlement of financial liabilities or +procee dings of insolvency and liquidation of funds, the court shall order, upon its +discretion or based on the request of the debtor, the suspension of any penal procedures +if such procedures arise due to cases of issuing a bounced cheque for cheques made by +the debtor before the request to commence the procedures of settlement of financial +liabilities or proceedings of insolvency and liquidation of funds. +If the court decides to suspend the penal procedures according to the provisions of +Clause (1) of this Artic le, the suspension shall continue until the completion or +nullification of the procedures of settlement of financial liabilities or until the court +issues a decision to declare the debtor's insolvency, as the case may be. The creditor who +holds the bounced cheque shall be one of the creditors and his debt shall become a part +of the total debts of the debtor. +If the debtor obtains a decision from the court to settle his liability towards the creditor +holding the bounced cheque within any phase of the procedu res of settlement of +financial liabilities or proceedings of insolvency and liquidation of assets, the debtor may +apply to the competent court to hear the criminal lawsuit according to the provisions of +article (401) of the Penal Code in order to issue a d ecision of lapse or suspension of the +criminal action, as the case may be. + +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 40 + " +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (68) +No appeal may be submitted against any judgment or decision issued by the court +during the procedures of the settlement of financial liabilities or the procedures of +insolvency declaration and liquidation of funds of the debtor, except for the events +explicitly stipulated in this Law by Decree. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (69) +Any provision contrary to or contravening the provisions of this Law by Decree shall be +repealed. + +" +justice and juiciary,Federal Decree by Law No. (19) of 2019 Concerning Insolvency,"Article (70) Publication and Enforcement of the Law by Decree +This Law by Decree shall be published in the Official Gazette and shall come into force +three months after the date of its publication. + + + + +Signed +Khalifa Bin Zayed Al Nahyan +President of the United Arab Emirates + + + + +Issued by Us at the Presidential Palace in Abu Dhabi: +Federal Law by Decree No. (19) of 2019 Concerning Insolvency + 41 + Dated: 28 Dhul -Hijjah 1440 H +Corresponding to: 29 August 2019 AD + + " +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (1) +The accompanying law shall apply to civil procedures before the courts in the State. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (2) +Federal Law No. (11) of 1992 regarding the Civil Procedure Code as amended, is hereby +repealed. +Any provision contained in any other legislation that contradicts or is in conflict with the +provisions of the Civil Procedure Code attached to this Decree -Law is hereby repealed, with +the exception of the authority of the competent Authority in the Emirate that has not +transferred its local judiciary to the Federal judiciary, to form special courts or judicial +committees to consider and decide on any lawsuit or specific rights -related issu e in +accordance with its law. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (3) +1. The courts shall refer, without fees and of their own volition, the cases brought thereto that have already fallen within the jurisdiction of other courts pursuant to the provisions +of the Civil Procedure Code attached to this Decree -Law, in their existing stage of +proceedings. In the event of the absence of one of the litigants, the case management office shall serve on him the referral order and instruct him to appear on the set date +before the court to which the case is referred. +2. The provisions of the preceding paragraph shall not apply to the disputes and lawsuits +that have been adjudicated, or the lawsuits that have been postponed for the pronouncement of judgment, or the appeals filed prior to the effec tive date of the Civil +Procedure Code attached to this Decree -Law and the judgments issued thereon shall +remain subject to the rules regulating the appeal methods applicable on the date of their +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 4 + issuance. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (4) +The President of the Federal Judicial Council and the heads of the local judicial authorities, +as the case may be, shall issue the necessary decisions to implement the provisions of the +Civil Procedure Code attached to this Decree -Law. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (5) +This D ecree- Law shall be published in the Official Gazette, and shall come into force as of +January 2, 2023. + +Preliminary Part : General Provisions +Article (1) +1. The provisions of this Code shall apply to all legal proceedings that have yet to be adjudicated on, as well as all procedures that have yet to be implemented, prior to the date +of entry into force of this Code, with the following exceptions: +a. The jurisdiction -amending provisions where their date of entry into force falls +beyond the close of pleadings into the legal proceeding before the Court of First +Instance; +b. The time limit -amending provisions where the underlying time limit has already +commenced prior to their entry into force; and +c. The provisions regulating the means of challenging judgments with regard to the judgments rendered prior to their date of entry into force, where such laws are either +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 5 + repealed or creating any of such means. +2. Every procedure validly conducted under an applicable law shall remain valid and +effective unless otherwise stipulated. +3. The time limits regulating the inadmissibility or lapse of proceedings or other procedural +time limits that are newly prescribed shall only commence on the date of entry into force of +the law prescribing the same. + +Article (2) +No applicati on or plea shall be admitted insofar as the filing party thereof has no existing +lawful interest in respect thereof. However, the potential interest shall be legally sufficient +for the application or plea to be admitted if the purpose of the same is to tak e a +precautionary measure to avoid an imminent damage or to safeguard a right which might be lost if it becomes a matter of dispute. + +Article (3) +1. Legal proceeding for revocation of administrative decisions shall not be admitted after +sixty [60] days fr om the date of publishing the underlying administrative decision, or the +date of serving the same upon the interested party, or the date on which it is established that the interested party has become fully aware of the same. +2. This time limit shall be in terrupted when a grievance or objection is filed with the +competent administrative authority based on the applicable procedures set out in the +relevant legislation. In which case, the competent administrative authority shall decide on the grievance within sixty [60] days following its filing date. If the grievance is rejected, the +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 6 + rejection decision shall be reasoned. The lapse of sixty [60] days following the filing date of +the grievance with no decision being made on the grievance by the competent adminis trative authority shall be construed as rejection of the grievance. The time limit for +instituting the case shall commence on the date of explicit or implicit rejection, as the case +may be. +Article (4) +1. Where this Code prescribes a mandatory time limit for taking any action that is conducted +by service of process, the time limit shall only be observed if either the application is +submitted or the service of process is conducted within such a time limit. +2. Where this Code prescribes that a par ticular action be performed by way of filing, the +filing procedures shall be performed within the time limit described in the Law. + +Article (5) +1. Arabic shall be the official language of courts, and the Court shall hear the statements of +the non -Arabic -speaking litigants, witnesses and others through an interpreter after the +latter takes the oath according to the Law. +2. Notwithstanding any provision set forth in any other law, the Chairman of the Federal +Judicial Council or the Head of the Local judicial body, as the case may be, may decide that +English be the language of trials, procedures, judgments and decisions in respect of certain +tribunals that are assigned to hear the proceedings involving specialized matters, specific cases or particular proceedings. In which case, the statements of litigants, witnesses or +lawyers, shall all be heard in English, and the statements, pleadings, applications and other +documents shall also be submitted to such tribunals in English. In addition, the court shall +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 7 + hear th e statements of non -English -speaking litigants, witnesses or other persons through +an interpreter after the latter takes the oath according to the law, in the cases and according +to the controls and conditions to be prescribed in the relevant decision. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (6) +1. The service of process shall be conducted upon the request of the litigant, or based on an order of the competent court or a decision of the Case Management Office, either by the +process server or by the means prescribed by this Code. +2. The competent court, the Case Management Office or the supervising judge, as the case +may be, may authorize the Plaintiff or its Lawyer to serve the process by the means +described in Article [9.1] of this Code. +3. The service of process may be conducted by one or more private companies or firms +according to the provisions of this Code, and the Chairman of the Federal Judicial Council or +the Head of the Local judicial body, as the case may be, shall issue the rules regulating the +service of process by private co mpanies and firms according to the provisions of this Code. +Anybody tasked with serving the process in this regard shall be deemed a process server. +4. In all cases, the service of process may be conducted throughout the State without +compliance with the r ules of territorial jurisdiction. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (7) +1. Any service of process shall be conducted, or any Execution procedure shall be initiated by the process server or the Execution Bailiff, between seven in the morning [07:00 am] and nine in the afternoon [0 9:00 pm], and the same shall only be conducted on public holidays +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 8 + where there is a state of urgency based on the permission of the supervising judge, the chief +justice of the competent court or the judge of urgent matters. +2. Should the service of process be conducted by any modern means of communication, +whether upon natural persons or legal persons, the time limits set forth in Clause [1] of this +Article shall not apply, except for the recorded calls. +3. For the government and public legal persons, the time of service or commencement of +Execution in relation to their activities shall be their working hours, except for the service of +process by any modern means of communication. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (8) +1. The process to be served shall include the following details: +a. The Plaintiff's name, surname, occupation or profession, domicile, mobile phone +number, fax number, email, or its elected domicile and place of residence, the legal representative's name, surname, occupation or profession, domicile and place of +work if working for a third party; +b. The name, surname, occupation or profession, domicile or elected domicile of the Defendant. If the latter has no known domicile at the time of serving the notice, the +last known domicile and place of work of the same shall be included, along with its +mobile phone number, fax number and email address, if any; +c. The process server's name, occupation and employer, and his signature; +d. The date of the day, month, year and hour of serving the notice; +e. The name of the court, subject of the service of process, case number and the hearing +date, if any; and +f. The name, capacity, surname, seal or fingerprint of the person receiving the process +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 9 + as a proof of receipt, or the reasons for his / her refusal to receive the process. +2. If t he service of process is conducted by modern means of communication, the data +described in the paragraphs [A], [B], [D] and [E] of Clause [1] of this Article shall be legally +sufficient. +3. If the Defendant's native language is not Arabic, the Claimant shall enclose with the +process a certified translation thereof in English, unless there is prior agreement between the +parties to provide the translation in any other language. +4. The provision of Clause [3] of this Article shall apply to all civil and commer cial +proceedings, except for the labor proceedings initiated by the employee and workers, as well +as personal status proceedings. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (9) +1. The Defendant shall be served by any of the following means: +a. Audio or video recorded call, SMS to mobile phone, smart applications, email, fax, other modern means of communication or by any other means to be agreed upon by +the parties from among the means of service described herein; +b. By hand delivery to the Defen dant at his / her place of residence or domicile, or to his +/ her attorney. If the process fails to be served due to any reason on the part of the +Defendant, or if the latter refuses to receive the process, the same shall be construed +as personal service u pon the intended person. If the process server fails to find the +Defendant at his / her place of residence or domicile, the process shall be served +upon any person cohabitating with the intended person; i.e. his / her spouse, relative +by blood or marriage or servant. If none of the above -mentioned persons is willing to +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 10 + receive the notice, or where there is no person upon whom the notice can be legally +served, or the place of residence is closed, the process server shall either directly post the process visi bly on the outer door of the intended recipient's place of residence, or +post the same on the court's website; +c. At the elected domicile of the Defendant; or +d. At the place of wor k of the Defendant. If the Defendant is not available at his / her +place of work, the process shall be delivered to his boss, any person in charge of the +management of the Defendant, or his / her colleague, with the exception of the +service of process relating to personal status proceedings, which shall be served +upon the Defendant in person at his / her place of work. +2. The process server shall verify the identity of the person served, by ensuring that his +appearance indicates that he is at least eighteen [18] years of age, and that neither he +nor his representative has an apparent interest that conflicts with that of the Defendant. If the process is served by the means of communications described in [1.A] of this Article, +the process server shall ensure t hat the means of communication used is personally +relating to the Defendant. If the notice is served by audio or video recorded calls, the +process server shall draw up a report setting out the content, time and date of the call +and the details of the call recipient. Such a report shall have the probative force as +evidence and shall be enclosed with the case file. +3. If the Defendant cannot be served as indicated in Clause [1] of this Article, the matter +shall be referred to the Case Management Office, the c ompetent judge or the chief +justice of the court, as the case may be, in order to gather information from at least one +relevant entity and then serve the notice upon the intended person either by posting on +the court's website or by publication in both a w idely -circulated electronic or paper daily +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 11 + newspaper that is published in the State in Arabic, and a foreign newspaper published in +a foreign language, if necessary, where the Defendant intended to be served is a foreigner. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (10) +Unless otherwise provided for in any other legislative instrument, a copy of the process shall +be served as follows: +1. For the ministries, federal and local government bodies, public authorities and public +institutions of all types, the process shall be served upon their legal representative; +2. For the private legal persons, private societies, companies and organizations, private sole proprietorships and foreign companies that have a branch or representative office in the +State, if the process is relating to the company's branch, it shall be served according to +the provisions of Article [9.1] of this Code, and shall be delivered at their headquarters to their legal representative or any person acting on his behalf or any partner thereof, as the +case may be. If neither the legal representative nor any person acting on his behalf is +available, the process shall be delivered to any employee of their office. If the +organization concerned has no headquarters or is closed, or if its manager or any of its +employees refuses to receive the process, the same shall be served by positing on the +court's website, by directly posting the process on the door without permission of the +court, or by publication, as the case may be; +4. For members of the armed forces or the police or the like, the process shall be served +upon their competent department as instructed by the aforesaid bodies; +4. For the persons in prison and detention, the process shall be delivered to their place of existence for service, and the delivery of the papers required to be served upon the +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 12 + intended person shall be established; +5. For the seafarers or crew members of commercial vessels, the process shall be delivered +to their captain for service. If the vessel has already set out from the port, the process +shall be delivered to its shipping agent; and +6. For the persons whose whereabouts are outside the State and could not be served by +way of the means of communication, private companies or firms, or the way agreed +upon by the parties, the process shall be submitted to the Ministry of Justice, in order to +be referred to the Ministry of Foreign Affairs and International Cooperation, so as to be +delivered to the diplomatic mission concerned in the State, unless the means of service is +such a case is regulated by special agreements. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (11) +The service of process shall be deemed effective as follows: +1. As of the date of service according to the provisions of Articles [9] and [10] of this Code, or the date on which the Defendant refuses to receive the same; +2. Following the expiry of twenty -one [21] business days, starting from the date on which +the dip lomatic mission concerned in the State receives the Ministry of Foreign Affairs +and International Cooperation's letter containing the process to be served; +3. As of the date of receiving the fax or the sending date of the email message or text +message to the mobile phone, the date of sending the process by means of +communication, or the date of making the audio or video recorded message; or +4. As of the date of posting the process on the court's website on the designated page. The posting shall remain v alid for at least fifteen [9] days, and as of the date of completing +the posting or publication according to the provisions of this Part. + +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 13 + " +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (12) +If the law prescribes a time limit in days, months or years for appearance or for the +occurrence of a p articular procedure, neither the day of service nor the date of occurrence of +the incident regarded by the law as giving rise to the relevant time limit shall be included in +the time limit, and the same shall expire upon the lapse of the last day thereof. +If the time limit is prescribed in hours, neither the hour of service nor the hour of occurrence +of the incident regarded by the law as giving rise to the relevant time limit shall be included +in the time limit, and the same shall expire upon the lapse of the last hour thereof. +If the time limit is required to expire before a particular procedure takes place, the +underlying procedure shall only occur after the lapse of the last day of the time limit. + If the last day of the time limit falls on a public holiday, the time limit shall be automatically +extended to the first following business day. +The time limits specified in months or years shall be calculated in the Gregorian calendar, so that the month is thirty [30] days and the year is three hundred sixty -five [365] days, unless +the law provides otherwise. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (13) +1. The procedure shall be invalid if such invalidity is explicitly provided for in the law, or if +the underlying procedure involves any essential defect or shortcoming due to which the +purpo se of the procedure cannot be achieved. +2. In all cases, the invalidity shall not be decided in spite of being provided for in the law, if +the purpose of the underlying procedure is achieved. +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 14 + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (14) +Except for the cases where the invalidity is relat ing to the public order: +1. Invalidity may only be invoked by the party in whose favor the same is established by +the law. +2. Invalidity may not be invoked by the party causing the same. +3. Invalidity shall be extinguished if the party in whose favor such invalidity is established +explicitly or implicitly waives the same. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (15) +The invalid procedure may be rectified even after being invoked, provided that such +rectification takes place within the time limit prescribed by law for the underlying procedure +to be performed. If there is no time limit prescribed by law in respect of the underlying +procedure, the Court shall determine an appropriate time limit for rectifying the same. The +procedure rectified shall only become effective as of its rectification date. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (16) +If the procedure is invalid but satisfies the elements of any other procedure, the latter shall be deemed valid as being the procedure whose elements are satisfied. If the procedure is +partially invalid, only the invalid part thereof shall be invalid. +Invalidity of the procedure shall not invalidate the procedures preceding, or subsequent to, it, if they are not dependent thereupon. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (17) +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 15 + The transcript of co urt hearing shall be deemed an official deed in respect of its content, and +shall be drawn up by a clerk who, together with the judge, shall sign the transcript in a paper +or electronic format.; otherwise, the transcript shall be null and void. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (18) +The process server, clerks or other judicial assistants shall not get involved in any activity that falls within the scope of their jobs in respect of the legal proceedings relating to them or +their spouses, blood relatives or in- laws up to the fourth degree; otherwise, such an activity +shall be null and void. + +Title 1: Litigation before Courts - Part 1 Jurisdiction of Courts +Chapter 1 Universal Jurisdiction of Courts + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (19) +Except for actions in -rem relating to real propert y abroad, the Courts shall have the +jurisdiction to hear and adjudicate on the legal proceedings instituted against national citizens as well as foreigners having a place of residence or domicile in the State. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (20) +The Courts shall have the juris diction over the foreigner who has no place of residence or +domicile in the State in the following cases: +1. If the foreigner has an elected domicile in the State; +2. If the legal proceeding is relating to property in the State, inheritance share of a national +citizen or an estate opened in the State; +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 16 + 3. If the legal proceeding is relating to an obligation that is executed or performed, or +required to be performed, in the State, a contract required to be attested in the State, an +incident taking place in the State, or a bankruptcy process established by any Court of +the State; +4. If the legal proceeding is instituted by a wif e who has a place of residence in the State +against her husband who had a place of residence therein; +5. If the legal proceeding is relating to the maintenance expenses of either parent, a wife, an +interdicted person, a young child or his / her parentage , guardianship over the property +or persons, in the event that the party claiming the maintenance expenses, the wife, the young child or the interdicted person has a place of residence in the State; +6. If the legal proceeding is relating to personal stat us matters, and the Plaintiff is a UAE +national or foreigner having a place of residence in the State, if the Defendant has no +known address abroad, or where the national law is applicable to the legal proceeding; +or +; +7. If any of the Defendants has a p lace of residence or domicile in the State. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (21) +The Courts shall have the jurisdiction to adjudicate on the preliminary matters and +interlocutory applications associated with the main case falling within their jurisdiction, as well as every motion or application relating to such a case where the proper administration +of just ice entails that the same be heard concurrently with the main case. They shall also +have the jurisdiction to adjudicate on summary and precautionary measures to be enforced +in the State, even if they have no jurisdiction over the main case. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (22) +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 17 + If the Defendant fails to appear and the Court has no jurisdiction over the case according to +the foregoing Articles, the Court shall, sua sponte, decide that it lacks the jurisdiction. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (23) +Any agreement that goes against the Articles of this Ch apter shall be null and void. + +Chapter 2 Subject -Matter Jurisdiction of Courts + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (24) +The Courts of First Instance have the jurisdictions to hear all claims, disputes and proceedings of first instance, except for those excluded under a special provision. +Abu Dhabi Federal Court of First Instance shall have the exclusive jurisdictions to hear all proceedings to which ministries and federal entities are parties. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (25) +Notwithstanding the provisions of the text of the forgoing Article, each Emirate may form committees to be vested with the exclusive authority to hear the disputes in relation to lease +agreements between the Landlord and the Tenant, and may regulate the procedures for +implementing the decisions of such committees. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (26) +The Courts of Appeal shall have the jurisdiction to hear and adjudicate on the appeals filed +therewith against the appealable judgments, decisions and orders rendered by the Courts of +First Instance, as described in this Code. +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 18 + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (27) +1. A judge of the Court of First Instance shall be designated at the seat of the Court to +render a judgment on a temporary basis without prejudice to the substance of the right involved on the urgent matters where the passage of time could affect them. +2. The Trial Court shall have the jurisdiction to hear such issues if they are brought before it +by way of subordination. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (28) +The courts of summary jurisdiction shall be exclusively authorized to impose receivership on any movable property, immovable property or a set of properties in respect of which there is +a dispute or if the right connected therewith is not established, if the person having a beneficial interest of the property has reasonable reasons based on which there is concerns +that the under lying property remains in the possession of its current possessor. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (29) +1. The First Instance Tribunals comprising a single judge shall hear the following cases: +a. First instance cases, regardless of their value. +b. Judgments rendered by the Fir st Instance Tribunal shall be conclusive if the value of +the case does not exceed [AED 50,000] fifty thousand dirhams. +2. With the exception of administrative cases, summary proceedings and writs of debt, +based on a decision of the Chairman of the Federal Judicial Council or the Head of the +Local Judicial Body, as the case may be, one or more tribunals may be designated to +adjudicate on the cases brought before it at s single hearing in which the decision is to be +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 19 + issued or to schedule a hearing for such a decision to be issued thereon in any of the +following cases: +a. Cases whose value does not exceed [AED 1,000,000] one million dirhams; +b. Signature authentication cases of whatever value; +3. The Case Management Office shall prepare the case and schedule the first hearing for +the Tribunal referred to in Clause [2] of this Article not later than [15] fifteen days +following the date of filing the statement of claims. Such a time limit may be exte nded +only for one similar period based on a decision of the supervising judge. In the event that +an expert witness is engaged, the first hearing shall be determined not later than [3] +three business days from the date of receiving the expert report. Otherw ise, all the rules, +provisions, and procedures stipulated in this Code shall apply to the preparation of the +case before such tribunals. +4. With regard to the tribunals referred to in Clause [2] of this Article, the supervising judge +shall have the powers set forth in Articles [45] and [74] of this Code. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (30) +1. Based on a decision of the Chairman of the Federal Judicial Council or the Head of the +Local Judicial Body – within the areas of their respective competence - certain cases may +be assigned to one or more tribunals of the Courts of First Instance or Appeal, as the case +may be. The supervising judge shall, during the case preparation stage, engage one or more local or international expert witnesses to review or draw up expert reports to be +submitted to such tribunals. In addition, the competent court may conduct discussion +with the expert witnesses on the reports reviewed or drawn up by them, and may order +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 20 + that any deficiencies in their work be completed and any errors found be rectified. +2. Judgments shall be rendered by the tribunals referred to in Clause [1] of this Article, +based on the same procedures and controls prescribed by this Code. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (31) +1. The Chairman of the Federal Judicial Council or the Head of the Local Judicial Body, +within the areas of their respective competence, shall issue regulatory decisions on the +following matters: + +a. The controls for assignment of the cases to the tribunals referred to in Article [30] of +this Code, including the type or nature of such cases; +b. The controls for selection and appointment of specialized experts, the determination of their remuneration or fees and their assignment to the tribunals formed as stated +in Article [30] of this Code; and +c. The controls in relation to the mission of ex perts and the prohibitions they are +required to avoid, and the regulation of their relationship with judges and litigants. +2. The expert witnesses referred to in Article [30] of this Code shall be subject to the +provisions prescribed in the legislation reg ulating the profession of expert witnesses +before the judicial authorities. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (32) +1. Notwithstanding the provisions of Chapters 2 and 4 of Part 12 of Title 1 of this Code, and +the provisions of the Mediation and Conciliation Law, the Federal Judicial Council or the Head of the Local Judicial Body may, as the case may be or based on the agreement of +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 21 + the parties, issue a decision to establish a tribunal to be fo rmed by way of assignment or +appointment in accordance with the legislation regulating each authority. +2. The Tribunal shall have the jurisdiction to adjudicate on estate cases and all disputes +relating to the determination of the inheritance shares, liquidation of the estate, or +division and distribution of estate property among the heirs, as well as any civil, real +property or commercial proceeding arising out of or emanating from the estate in +relation to its ownership, liquidation, or any matter of its affairs between the heirs and +third parties, in addition to the disputes that arise between the heirs, guardians and the +like, and any interlocutory applications relating to the removal or introduction of an heir, +wills, endowments, or the settlement betwe en the heirs with respect to donations arising +from or inseparably connected with the estate. +3. The Tribunal may seek the assistance of the Case Management Office and the judge rapporteur described in this Code. +4. The judgment rendered by the Tribunal de scribed in Clause [1] of this Article may only +be challenged by way of motions for reconsideration. Furthermore, the aforementioned +judgment may be revoked in accordance with the cases, controls and procedures +stipulated in this Code. + +Chapter 3 Territori al Jurisdiction of Courts +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (33) +1. The court, within the territorial jurisdiction of which the Defendant's domicile is located, shall have the jurisdiction over the case, unless the law provides otherwise. If the +Defendant has no domicile in the State, the court, within the territorial jurisdiction of +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 22 + which the Defendant's place of residence or workplace is located, shall have the +jurisdiction. +2. The legal procee ding may be filed with the court within the territorial jurisdiction of +which the damage occurs, with regard to the claims for compensation due to damage to +persons or property. +3. For commercial matters, the jurisdiction shall be vested in the court within the territorial +jurisdiction of which the Defendant's domicile is located, the Court within the territorial +jurisdiction of which the agreement, in whole or in part, is executed or performed, or the +court within the territorial jurisdiction of which the agreement is required to be +performed. +4. If there are several Defendants, the jurisdiction shall be vested in the court within the +territorial jurisdiction of which the domicile of one Defendant is located. +5. Notwithstanding the cases prescribed in Artic le [34] and Articles [36] through [41] of +this Code, the parties may agree that a specific court have the jurisdiction to hear the +dispute. In which case, the court so chosen shall have the jurisdiction. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (34) +1. Jurisdiction on ac tions in -rem involving real property and the legal proceedings for +possession shall be vested in the court, within the territorial jurisdiction of which the +property or any part thereof is located if the same is located within the circuits of several +court s. +2. The jurisdiction over personal real property cases shall be vested in the court within the +territorial jurisdiction of which the property or the Defendant's domicile is located. +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 23 + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (35) +Jurisdiction over the cases relating to companies or asso ciations existing or undergoing +liquidation or private establishments, shall be vested in the court within the territorial +jurisdiction of which the headquarters of the same is located. Legal proceedings may be filed +with the court within the territorial jurisdiction of which the branch of the company, +association or establishment is located in respect of the matters relating to such a branch. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (36) +The jurisdiction over estate -related proceedings filed before division by the creditor of the +estate or by any heirs against other heirs shall be vested in the court within the territorial +jurisdiction of which the permanent residence of the deceased is lo cated or the within the +territorial jurisdiction of which most of the estate property in the State is located. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (37) +1. Jurisdiction over bankruptcy -related cases shall be vested in the court within the +territorial jurisdiction of which the busine ss place of the bankrupt is located. If there are +several business places of the bankrupt, the Court within the territorial jurisdiction of which the headquarters of the bankrupt is located shall have the jurisdiction. +2. If the trader retires, the case sh all be instituted before the court having the jurisdiction +over the Defendant's domicile. +3. Bankruptcy -based cases shall be filed with the court that establishes the bankruptcy. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (38) +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 24 + Jurisdiction over the proceedings relating to supplies, contracting projects, property rents, +wages of employees, craftsmen and daily workers shall be vested in the court within the territorial jurisdiction of which the Defendant's domicile is located, or the court within the +territorial jurisdiction of which the agr eement is executed or performed. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (39) +Jurisdiction over the proceedings relating to insurance claims shall be vested in the court +within the territorial jurisdiction of which the beneficiary's domicile or the insured property +is located. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (40) +1. For the cases involving a claim to take an interim or summary measure, the jurisdiction shall be vested in the competent court of first instance within the territorial jurisdiction +of which the Defendant's domicile is located, or the court within the territorial +jurisdiction of which the underlying measure is required to be performed. +2. For summary proceedings relating to the enforcement of judgments and instruments, the jurisdiction shall be vested in the court within the territorial jurisdiction of which the +enforcement is to take place. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (41) +The court that hears the main case shall have the jurisdiction to decide on the interlocu tory +applications. However, for the legal proceedings involving the claim for compensation, the +Defendant may object to the court's jurisdiction if it is proven that the main case is only +instituted with the intention of bringing the Defendant before a court other than the +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 25 + competent court. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (42) +If the Defendant has no domicile or place of residence in the State, and it is not possible to designate the +competent court in accordance with the aforementioned provisions, the jurisdiction shall be veste d in the +court within the territorial jurisdiction of which the Plaintiff's domicile or place of residence is located. If +the Plaintiff has neither a domicile nor a place of residence in the State, the jurisdiction shall be vested in +the Federal Court in the capital. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (43) +For the obligations in respect of their performance an elected domicile has been chosen in +advance, the jurisdiction shall be vested in the court within the territorial jurisdiction of +which the Defendant's domicile or the electe d domicile of performance is located. + +Part 2 The Institution, Registration and Determination of Value of Case +Chapter 1 Institution and Registration of Case + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (44) +1. The case shall be instituted before the Court at the request of the Plaintiff, through filing +a statement of claims with the Case Management Office, or through filing the same in an +electronic or paper format according to the applicable procedures of the court. +2. The statement of claims shall include the following details: +a. The Plaintiff's name, surname, ID number or a photocopy thereof, or any documents +issued by government entities that prove his / her identity, profession, occupation, +domicile, place of work, phone number, fax number or e -mail. If the Plaintiff has no +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 26 + domicile in the State, he / she shall name an elected domicile and his legal +representative's name, surname, ID number, profession, occupation, domicile, place of work, fax number or e -mail. +b. The Defendant's name, surname, ID number or a photocopy thereof, or any +documents issued by government entities that prove his / her identity, profession, +occupation, domicile, place of work, phone number, fax number or e -mail. If the +Defendant or his repres entative has no domicile in the State, he shall name an +elected domicile and his legal representative's name, surname, ID number, +profession, occupation, domicile, place of work, fax number or e -mail; +c. The court before which the case is instituted; +d. The date of filing the statement of claims with the Case Management Office; +e. The subject of the case, relief sought and relevant grounds; and +f. The signature of the Plaintiff or his representative after verifying the identity of each. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (45) +1. An office, to be known as the ""Case Management Office"", shall be established at the seat +of the competent court. +2. The Case Management Office shall be made up of one head and a sufficient number of +court employees, both legal and others, to be working under the supervision of the chief +justice or one or more judges of the competent court. +3. The Case Management Office shall be charged with the preparation and management of +the case before being referred to the competent court, including its registration and service, exchange of submissions, documents and experts' reports between the litigants. +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 27 + 4. The supervising judge may issue a decision dismissing the case due to the Plaintiff's +failure to pay its fees or the difference in fees or expenses where such failur e would +preclude adjudication on the case. The supervising judge may also establish the +discontinuance or waiver of proceedings. The said decisions shall be subject to the +standard methods of challenge according to the general rules. The Supervising Judge +may also appoint expert witnesses, refer the case to investigation, hear the witnesses, +examine the litigants and refer them to mediation or conciliation, as the case may be. He +may also impose the procedural penalties prescribed in this Code, meet with th e parties +to the pending case and propose conciliation and try to have the dispute between them amicably settled. For such purpose, he may order that the parties appear in person. If +amicable conciliation is established, a decision shall be issued establis hing such +conciliation and the content of the agreement of the parties, and shall have the legal +force of a writ of execution. +5. If the legal proceeding is stayed by operation of law due to the death or incapacitation of +either of the litigants, or due to the loss of legal capacity of the representative acting on +behalf of either litigant before the case is referred, or where an application is filed for the +impleader of any party against whom the case has not been instituted, the Case +Management Office s hall refer the underlying legal proceeding to the supervising judge +to issue a decision amending the form of the case in such circumstances. +6. If the pending legal proceeding before the Case Management Office includes a plea filed by either litigant, which would result in a stay of proceeding, or of the legal proceeding +involves an appeal against a judgment that decided inadmissibility or lack of jurisdiction, +or an appeal filed after the legally prescribed time limit, the Case Management Office shall submit the same to the supervising judge, who, in turn, shall, by a decision, refer the +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 28 + same, after being duly served, to the competent court that s hall hold its hearing in +chambers to decide on the matters referred thereto. The Court may schedule a hearing to +consider the merits if necessary. In all cases, the Trial Court may not remand the case to +the supervising judge or the Case Management Office whenever its jurisdiction over it is +established. +7. If the pending case before the Case Management Office includes a summary claim, the +Case Management Office shall promptly present it to the supervising judge to decide on +the summary claim, not later thr ee [3] business days. Such a decision may be challenged +in accordance with the provisions of this Code. +8. The right to submit the pleas that are not relevant to the public order set forth in Article +[86] of this Code shall lapse if the same is not present ed by the party appearing before +the Case Management Office. +9. If a claim is submitted to the Case Management Office and satisfies the requirements for +issuing the writ of debt prescribed in Articles [143] and [144] of this Code, such a claim +shall be sub mitted to the supervising judge, who, in turn, shall refer the same to the +judge having the jurisdiction to issue the writ of debt, in order to decide on the same within the time limit specified in Article [144.4] of this Code. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (46) +1. The time l imit for appearance before the Case Management Office or the competent +court shall be ten [10] business days. Whenever necessary, this time limit may be shortened up to three [3] business days. +2. The time limit for appearance with regard to summary procee dings shall be [24] +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 29 + twenty -four hours. When necessary, such a time limit may be shortened but not up to +less than an hour, provided that the litigant is personally served, unless the case is a +maritime one. +3. The reduction of time limits referred to in Clauses [1] and [2] of this Article shall be +based on the permission of the competent judge or the supervising judge - as the case +may be - and a copy thereof, along with the statement of claims, shall be served upon the +adverse party. +4. Failure to observe the appearance time limits shall not give rise to invalidity, without +prejudice to the right of the Defendant to request adjournment for completion of the +time limit. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (47) +1. After the fees are collected, the Case Management Office shall have the case registered in +the relevant record, whether electronically or in a paper format, indicating the date of registration and the Plaintiff's knowledge of the hearing. In which case, the case shall be +deemed registered and effective from the date of filing of the statement of claims, +provided that the legal fee is paid not later than [3] three business days of the date of the +day following the notice for payment, otherwise, the registration shall be deemed null +and void. +2. The Chairman of the Fed eral Judicial Council or the Head of the Local Judicial Body, as +the case may be, may issue the guidebook for the system of registration of the cases, +motions, grievances and appeals in accordance with the financial, administrative and +technical rules in f orce at each body and for facilitating the registration procedures and +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 30 + operations. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (48) +1. Other than the cases of using remote c ommunication technology or electronic +registration, the Plaintiff shall, upon registering its statement of claim, file as many +photocopies thereof as the number of Defendants in addition to a copy for the Case +Management Office to be saved electronically o r in a special file. Additionally, the +Plaintiff shall submit, together with the statement of claim, photocopies of all documents +supporting its claim, as well as any expert witness's reports drawn up by registered +expert witnesses, if any. +2. The Defendant shall submit, whether electronically or in a paper format, a statement of defense and copies of its documents duly signed, not later than [10] ten business days +following the date of being served the process. +3. Where a dispute arises as to the authentic ity of photocopies of documents, the court, the +Case Management Office or the supervising judge, as the case may be, shall determine +the nearest hearing for their originals to be submitted. The allegation of forgery of the +documents submitted by the litiga nt merely on the ground that they are photocopies +shall not be relied upon, unless the denying party asserts that they are not authentic or that they are not issued by the person to whom they are alleged to belong. If the denied +documents are eventually pr oven to be authentic or are proven to have been issued by +the person to whom they are alleged to belong, and the allegation of their forgery is +unjustified causes delay of the case procedures or causes the litigant who presented the underlying documents to incur unjustifiably additional expenses, the supervising judge +or the competent judge, as the case may be, may decide to impose on the party denying, +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 31 + or raising doubts about, the authenticity of such documents a fine of not less than AED +[1,000] one thous and dirhams and not more than AED [10,000] ten thousand dirhams. +This fine shall not preclude the Court from addressing the body in charge of regulating +the legal profession in this regard, if it deems it warranted. +4. Subject to the provision of Article [5] of this Code, the translated documents shall be +duly certified according to the law, if they are issued in a foreign language. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (49) +1. Other than the cases of using means and remote communication, the Case Management Office shall, not later than the day following the date of registration of the statement of +claims, deliver a copy thereof, along with the copies, papers and documents attached +therewith, to the body charged with the service thereof, in order to be served on the +relevant form desig nated for this purpose. If the file is saved electronically, the judicial +authority shall either enable the litigants to review the statement of claim and its +attachments on the system or send the same to them electronically or by any other +means of commun ication. +2. The statement of claims shall be served in an electronic or paper format within [10] ten business days of the date of being delivered to the process server. If a hearing is +scheduled for the case and falls within such a time limit, the statement of claim shall be +served before the hearing. +3. No invalidity shall result from failure to comply with the time limit set forth in Clauses +[1] and [2] of this Article. + +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 32 + Chapter 2 Determination of Case Value +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (50) +1. The value of the case shall be determined on the filing day thereof. Under all +circumstances, the determination shall be based on the closing arguments of the +litigants. In addition, the determination of case value shall include the fees due on the +filing day thereof, in terms of inter est, fees, costs, expenses and other requirements of a +monetary value. However, in all cases, the value of the building or plantation shall be taken into account if the same is required to be removed. +2. In all cases, the determination of case valu e shall not include the claim for appointment +of an expert witness and all other claims for evidence, if they are submitted together with other substantive claims. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (51) +1. If the value is not mentioned in cash but can be determined in cash, the value shall be determined by the court. +2. If the claim is an amount of money in a currency other than the UAE Currency, the value of the case shall be determined in the equivalent th ereof in the currency of the UAE. +3. For the legal proceedings relating to the ownership of property, the value thereof shall be determined based on the value of the property. If the property has no known value or is +a vacant land whose value is unknown, its value shall be deemed to exceed the threshold of the challenge by way of cassation. +4. If the legal proceeding is relating to a claim for validity, invalidity or rescission of a contract, its value shall be determined based on the value of the contractu al object. As +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 33 + for the contracts of exchange, the case value shall be equal to the value of the higher of +the items exchanged. +5. If the legal proceeding is relating to a claim for validity, invalidity or rescission of a +continuous contract, its value shall be determined based on the total monetary +consideration for the entire contract term. If the underlying contract is partially +performed, the value of the legal proceeding for its rescission shall be determined based +on the remaining duration of the contract term. +6. The value of legal proceedings relating to the dissolution of the company and the +appointment of a liquidator thereof shall be determined based on the value of the +company's capital mentioned in its Memorandum of Association. +7. The value of le gal proceedings for evacuation of the leased property shall be determined +based on the value of the annual rent. +8. If the legal proceeding is between a creditor and a debtor on the attachment of property +or an ancillary right in -rem, its value shall be de termined based on the value of the debt +or the value of the property subject to the attachment or the right in -rem, whichever is +lesser. For the legal proceeding instituted by any third party in respect of such property, +its value shall be determined based on its value. +9. If the legal proceeding involves claims arising from a single cause of action, the value +thereof shall be determined on the basis of its aggregate value. In the event that claims +involved arise from various causes of action, the value of the legal proceeding shall be +based on the value of each claim on a case -by-case basis. +10. Subject to Clause [1] of this Article, and with the exception of the commercial papers and +papers the court instructs either of the litigants to submit or obtain, t he application for +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 34 + issuance, retrieval or return of papers, documents or certificates shall be valued at [AED +5,000] five thousand dirhams. +11. If the legal proceeding is relating to compensation whose value is not specified, the value +of the claim shall b e considered not exceeding the threshold of the challenge by way of +cassation. +12. If the legal proceeding is relating to a claim whose value cannot be determined according +to the aforementioned rules, its value shall be considered equal to the minimum +threshold prescribed for the challenge by way of cassation. + + +Part 3 Appearance and Absence of Litigants and Legal Representation +Chapter 1 Appearance and Absence of Litigants +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (52) +1. Without prejudice to the Legal Profession Law, the litigants shall, on the day scheduled for the case to be hard before the Case Management Office or before the Court, as the +case may be, appear either in person or through an attorney, whether a lawyer, a relative, +an in- law up to the fourth degree, or an attorney -in-fact from among their employees in +the event that the litigant is a private legal person, provided that the power of attorney - +in the latter case – shall be issued by the legal person's legal representative, indicating +his job capacity, and duly attested by the Notary Public in each respect of each legal +proceeding. +2. For the limited power of attorney to be issued in respect of the legal proceeding referred +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 35 + to in the last case of Clause [1] of this Article, the attorney -in-fact shall meet the +following conditions: +a. To be a national citizen with full legal capacity and holding a university degree in +law; and +b. Any other conditions specified by the Legal Profession Law. +3. The appearance o f the authorized representative of the lawyer's firm based on a power +of attorney shall only be admitted before the Case Management Office, in respect of the +legal proceedings in which the lawyer is appointed. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (53) +1. If neither the Plaintiff nor the Defendant appears, the court shall decide on the case - if +judicable; otherwise, it shall decide a nonsuit. If [30] thirty days have passed and neither +litigant has submitted an application to proceed with the case during t hat period, or if +the parties fail to appear after proceeding with the case, the case shall be deemed null +and void. In addition, the Case Management Office shall present such a case, after the +lapse of the time limit referred to in this Paragraph to the c ompetent judge in order for +the latter to issue a decision in respect thereof. +2. The court may order a nonsuit if the Plaintiff fails to appear at any hearing and the +Defendant appears, unless the latter demands adjudication on the case. +3. If the case is pending before the Case Management Office, the decision of nonsuit shall +be based on a decision of the supervising judge to be immediately issued after the lapse +of the time limit referred to in Clause [1] of this Article. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (54) +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 36 + 1. The legal proceeding shall be deemed in presence of the Defendant if the latter appears +in person or is represented by an attorney, if a power of attorney is issued on his behalf before the Case Management Office or at any trial hearing or before the exper t witness +or the arbitrators, or if the Defendant has submitted a statement of defense, even if the +Defendant fails to appear thereafter. +2. Subject to the provisions of Article [76] of this Code, the Plaintiff may neither present +new claims during the hearing at which the adverse party fails to appear, nor amend the +initial claims, unless the amendment is beneficial to the Defendant and does not affect +any of the latter's rights. +3. The Defendant may not, in the absence of the Plaintiff, request that a jud gment be +rendered against the Defendant. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (55) +Without prejudice to the provisions of Article [56.1] of this Code, in the event that the +duly -served Defendant fails to appear before the court, the latter shall render a judgment on +the case, and such a judgment shall be deemed as if issued in presence for the parties who fail to appear. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (56) +1. In the event of absence of the Defendant and wh ere it has been revealed to the court or +the Cases Management Office that the service of the statement of claim sustained +nullity, then it shall adjourn the case to an upcoming hearing for duly serving the same upon the Defendant. +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 37 + 2. In the event of absence of a Defendant and where it has been revealed to the court that +such Defendant has not been acquainted with the details of the hearing as per law, then such a court shall adjourn the case to an upcoming hearing to be duly served upo n the +Defendant. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (57) +1. A duly -served litigant shall follow up on the adjournments, hearing dates and +proceedings of the same, and the judgments and decisions of the court, the supervising judge and the case management office, as the case may be , which are issued after the +legal proceeding is initiated, shall be legally effective with no need to serve a notice, with the exception of administering the decisive oath or pleading forgery. +2. Where it happens that the date specified for the court hear ing or for issuance of +judgment falls on a public holiday for any reason whatsoever, the hearing shall then be adjourned to the same day on the week following such antecedent date with no need to +serve a notice thereon. + +Chapter 2 Legal Representation +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (58) +1. The court shall permit attorneys to act on behalf of the original litigants pursuant to the +provisions of the Law. +2. A delegated attorney shall furnish a power of attorney to act on behalf of its client. +3. A power o f attorney may be issued via a report to be recorded in the transcript of court +hearing. +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 38 + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (59) +1. The litigant's issuance of a power of attorney shall render the domicile of its attorney as +the elected domicile of the litigant itself in respect of serving the papers required for the progress of the case in the litigation degree for which the attorney is authorized. The +litigant, who has no attorney in the town wherein the Court is based, shall have an +elected domicile therein. +2. The act of resignation or dismissal of an attorney shall not hinder the initiation of legal proceedings against him, unless the litigant has informed the court of the appointment +of an alternative attorney or the intent of the litigant to proceed with the case on its own. +3. An attorney may not step down from any legal proceeding at an inappropriate time nor +without the cour t's permission. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (60) +The legal representation shall authorize the attorney to perform the procedures and actions +required for initiating, following up on, and defending any case, as well as taking the +precautionary measures until a judgment is bo th issued on the merits of the case on the +litigation stage for which the attorney has been authorized and duly served, without prejudice to the acts for which this Code requires a special authorization. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (61) +1. All acts perf ormed by the attorney at a court hearing in the presence of the client shall be +deemed as acts performed by the client in person, unless the same is refuted by the client +at the same hearing. +2. In the absence of a special authorization, the claimed righ t may neither be admitted nor +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 39 + waived, and no conciliation, arbitration, acceptance, administration or deferral of oath, +abandonment of proceedings, or waiver of the judgment in whole or in part or through any of the means of challenging the judgment, lifting the attachment, waiver of security +while the debt is still outstanding, alleging forgery, disqualification of the judge or expert +witness, real offer be made or accepted, or any other action for which the law requires a +special authorization shall be pe rformed. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (62) +No judge, Attorney General, member of the public prosecution, or a court employee may act +as attorney on behalf any litigant for appearance or pleading purpose, whether verbally or in +writing, even if the case is brought before a co urt other than the one wherein such a person +serves. Failing which, such representation shall be rendered null and void. Nevertheless, such persons may perform such representation for the persons they legally represent in their +personal capacity as well as their spouses, ascendants and descendants. + +Chapter 4 Intervention by Public Prosecution +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (63) +The Public Prosecution may institute legal proceedings in the events prescribed by the law, +and, in such cases, the public prosecution shall have the same rights of the litigants. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (64) +With the exception of summary proceedings, the public prosecution shall intervene in the following instances, failing which, the court judgment shall be null and void: +1. The legal proceedings which the public prosecution is permitted to institute by its elf; +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 40 + 2. The appeals and motions before the Federal Supreme Court, with the exception of +objections for cessation in civil, commercial and administrative matters; +3. The legal proceedings relating to the persons lacking the legal capacity and persons +having diminished capacity, missing and absent persons; +4. The legal proceedings relating to charity endowments, gifts and charity -dedicated +wills; +5. The legal proceedings for disqualification of judges and prosecution members; and +6. Any ot her instance in respect of which the law requires the Public Prosecution to +intervene. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (65) +With the exception of summary proceedings, the public prosecution may intervene in the +following instances: +1. In case of lack of jurisdiction due to the denial of jurisdiction of the judiciary body; +2. [Preventive] Composition for bankruptcy proceedings; +3. In cases which the public prosecution deems appropriate to intervene on the basis of +being related to the public order or community morals; and +4. Any other instances which the Law requires intervention by the public prosecution. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (66) +The court may, regardless of the status -quo of the case, order referral of the case file, +electronically or in hard copies, to the public prosecution whe re such a case involves an +issue of the public order or community morals, and that the intervention of public +prosecution in such case shall be a mandatory issue. + +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 41 + " +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (67) +1. The Public prosecution shall be deemed duly represented in a case wheneve r it has been +served a notice on the same or whenever it has submitted a memorandum of opinion +thereon, and in such instance, the presence of the public prosecution shall not be +mandatory, unless otherwise provided for in the Law. +2. Under all circumstan ces, the public prosecution is not obliged to be present upon the +issuance of the judgment. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (68) +Under all circumstances wherein the Law requires the intervention of public prosecution, +the Cases Management Office at the court shall serve a notice upon the public prosecution not later than 3 [three] business days from the date of registration of the c ase. Where an +issue which requires intervention of the public prosecution arises during the hearing of the case, the public prosecution shall be served with a notice by virtue of a court order. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (69) +At its request, the public prosecution shall be granted at least 7 [seven] business days to +submit a memorandum of opinion, and such a time limit shall commence on the date on +which the case file has been served upon the public prosecution. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (70) +The public prosecution may intervene in the cas e notwithstanding the status -quo of the +same prior to the close of pleadings. + +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 42 + " +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (71) +In all cases wherein the public prosecution is an intervenor, the litigants involved may +neither, following the public prosecution's submission of its opinion and claims, request +verbal pleadings nor submit any further submissions; however, they may only submit a +written statement to the court whereby they require correction of the merits which the +public prosecution mentioned. Nevertheless, the court may - in excep tional circumstances at +its discretion – admit further documents or supplemental submissions which it may permit +for submission, and may also permit further pleadings into the case, and in such instance, +the public prosecution shall be the last party to sp eak. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (72) +The Public prosecution may appeal any judgment in the events which the Law permits or +required intervention by the Public Prosecution, in the event that the judgment violates any +public order rule or where the law stipulates the same. + +Part 5 Procedures and Order of Court Hearing +Chapter 1 Procedures of Court Hearing + + " +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (73) +Pleadings shall take place at the first court hearing. Where a Plaintiff or a Def endant submits, +at the first hearing, an Exhibit which it could have submitted during the time limit prescribed under Article [48.2] of this Code, the court may admit the same unless such an admission would be conducive to adjournment of hearing of the cas e. In the event that admission of +the underlying Exhibit results in adjournment of the case, the court may, either sua sponte or +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 43 + upon motion of the litigants, issue an penalizing order against the party causing the delay +and that such penalty shall be not less than AED 2,000 [two thousand UAE Dirhams] and not more than AED 5,000 [five thousands UAE Dirhams]. Nevertheless, the Plaintiff and the +Defendant may each submit exhibits in response to the pleadings or interlocutory +applications of the adverse party. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (74) +1. The court or the supervising judge may order a fine of not less than AED 1,000 [one +thousand UAE Dirhams] and not more than AED 10,000 [ten thousand UAE Dirhams] +against any defaulting employee of the court or against either litigant i n the event of +failure to submit the documents or to take any prescribed action into the case within the time limit specified by the court or the Cases Management Office. Such an order shall be +recorded in the transcript of the court hearing, shall have the binding force of judgments, +and shall not be challenged by any means whatsoever. +2. The court or the supervising judge, as the case may be, may exempt the fined party from +the prescribed penalty, in whole or in part, where the latter furnishes an acceptable +reason. +3. The supervising judge may, in the event that any party refrains from submitting the underlying exhibit or taking the prescribed action into the case after being penalized +with a fine by the judge, refer such case to the competent court in order for the latter to +either render a judgment on the case as it stands or decide that the case be null and void, +as the case may be. +4. The court may, in the event that any party refrains from submitting the underlying exhibit or taking the prescribed action after being penalized with a fine, adjudicate on +the case as it stands. +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 44 + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (75) +The order of penalty issued pursuant to the provisions of Articles [73] and [74] of this Code +may be enforced by the court or the supervising judge, as the case may be, and such enforcement shall take place pursuant to the mandatory enforcemen t measures prescribed +in the present Law. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (76) +1. The court may permit the litigants, during the hearing of the case, to submit documents, +pleas or new evidence, to amend their existing claims, or to submit interlocutory +applications which they could not submit to the Cases Management Office, and the +court may, however, deny the submission of the same where it is convinced that the +same could have been duly submitted to the Cases Management Office. In addition, the +submissions of litigants shall be served by way of being filed with the Cases +Management Office or being exchanged between the parties provided that the original +copy of the submission shall be marked by the adverse party in acknowledgment of +receipt thereof, or via electronic means. +2. The court may request clarifications from the litigants on the affairs of missing items or +documents of the case. +3. The court may, when the case is set for adjudication, permit the litigants to exchange +closing arguments on the dates which the court may schedule pursuant to the controls +prescribed under Article [128] of this Code. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (77) +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 45 + The court may offer amicable settlement to the litigants, and may, to that end, order the +personal appearance of such parties. Amicable settlement shall take place and enforced +pursuant to the procedures, rules and effects prescribed by Article [81] of this Code. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (78) +1. The court may not adjourn a case more than once for the s ame reason which is +attributable to either of the litigants, unless the same is caused by an emergency +following referral to court trial, e.g. demise or incapacitation of either litigant, third party +intervention in the case, allegation of forgery, submiss ion of a proof of pending criminal +proceeding associated with the same subject -matter, or whenever either litigant requires +submission of a proof of amicable settlement, provided the adjournment period shall not +exceed two week. +2. The court shall not ad journ a case more than 10 [ten] hearings, regardless of the reasons +thereof. +3. Under all circumstances, the court shall issue the dispute -settling judgment not later +than 80 [eighty] days from the date of the first hearing before such court. + +Chapter 2 The Order of Court Hearing + " +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (79) +With the exception of personal status cases and legacy cases, pleadings shall be conducted in open court unless otherwise stipulated by the applicable laws of the State or unless the +court decides, either sua spont e or upon motion of either litigant, to hear the case behind +closed doors so as to maintain the public order, community morals or family privacy. + +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 46 + " +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (80) +1. Litigants shall be summoned and called by the bailiff as on the date specified for the +hearing of the case. +2. The Plaintiff shall have the right to speak first in the case, unless the Defendant admits +the facts described in the statement of claim but alleges the existence of other legal +reasons or further merits which will defend against the claim of the Plaintiff, and in such +instance, the right to speak first shall be granted to the Defendant. +3. A litigant, which has the right to speak first in the case, may furnish its claim and submit +its own statements for substantiation, and the adverse party shall, thereafter, have the right to furnish its defense and to submit its own statements for substantiation. +4. The litigant, which speaks first in the case, may furnish its evidence so as to refute the adverse party's evidence. +5. The court shall hear the verbal pleadings of litigants at their request and shall determine +the duration of the same, while the Defen dant shall be the last party to speak. +6. The court may examine the litigants and hear the statements of any witnesses as +deemed necessary. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (81) +The litigants may require the court, regardless of the litigation stage of the case, to order that their agreement be recorded in the transcript of the court hearing, as long as the same does not go against the applicable legislation, public order or morals in the State. In both +instances, the transcript and the agreement annexed therewith shall have the legal force of a +writ of execution, and the photocopy thereof shall be served according to the rules of +delivery of judgments. + +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 47 + " +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (82) +1. The orde r and management of the court hearing shall be vested in the presiding judge, +who may, to that end, dismiss from the hearing any person jeopardizing the order of the +court, but if such a person does not comply, the court may, with immediate effect, order +detainment of such a person for 24 [twenty -four] hours or to penalize the same with an +amount of not less than AED 1,000 [one thousand UAE Dirhams] and not more than +AED 3,000 [three thousand UAE Dirhams], and the court's order in this respect shall be +final. +2. The court may, prior to the conclusion of the hearing, revoke its order issued pursuant to +the Clause [1] of this Article. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (83) +The court may, sua sponte, order removal of the inappropriate or obscene phrases or expressions which infract the public order or community morals from any paper of the +documents of pleadings or submissions. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (84) +The presiding judge of the hearing shall order that a report be drawn up on each crime which occurs during the hearing and that investigation be conducted into the same, and +thereafter he shall order referral of the relevant documents to the public prosecution so as to +take the necessary course of action with regard thereto. The presiding judge may, if +necessary, order detainment of the p erpetrator of the crime involved, without prejudice to +the provisions of the Legal Profession Law. + +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 48 + " +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (85) +In the event that a crime of assault has been committed against the Bench or any member of +the Bench or any of the court employee, perjury or any crime which is punishable by the law +during the court hearings, the court shall order that the perpetrator be arrested and referred +to the public prosecution for the latter to take the necessary course of action. + +Part 6 Pleas, Impleader, Invention an d Interlocutory Applications +Chapter 1 Pleas + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (86) +1. The plea to the territorial jurisdiction, the plea for referral of a case to another court on +the basis that the latter is hearing the same dispute or for correlation purposes, the plea +to invalidity which is not associated with the public order, as well as all other pleas associated with the pr ocedures which have no association with the public order, shall be +furnished together prior to furnishing any other procedural plea, claim of defense in the case or for inadmissibility, failing which, the right shall lapse for any such pleas not +furnished, and the Petitioner's right to furnish such pleas shall be waived unless +furnished in the statement of objection. +2. All aspects on which the plea of procedures not associated with the public order shall be +furnished together, failing which, such a right shall be waived for such aspects which +have not been furnished. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (87) +The plea to the territorial or subject -matter jurisdiction of the Court may be furnished at any +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 49 + stage of litigation, and the court shall decide on the same sua sponte. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (88) +Subject to Article [33.5] of this Code, where the litigants have agreed to plead before a court +other than the one before which the case has been filed, the court may order that the case be +referred to the court on which the parties have agree d following verification of the validity +of such agreement. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (89) +In the event that the same dispute is brought before two courts, the plea of referral shall be +furnished to the latest court before which the dispute has been filed so as to issue a +judgment thereon. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (90) +The plea of referral on the basis of correlation may be furnished before either of the two courts, and the court to which the case has been referred shall hear the same. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (91) +1. Whe never the court orders referral in the foregoing instances, it may determine for the +litigants the hearing on which they shall be present before the court to which the case has been referred, and that the Cases Management Office shall serve the absent litigants +with the same. +2. In the event that the court fails to schedule a hearing for the litigants, the court to which +the case has been referred shall schedule the same and shall serve the litigants with the +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 50 + same. +3. The court to which the case has bee n referred shall hear the same unless it is lacking the +territorial or subject -matter jurisdiction over the case. +4. Where the court decides that it is lacking the territorial jurisdiction over the case, it shall +order the Plaintiff to pay 10% [ten perce nt] of the fee and shall refund the remainder to +the same. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (92) +The invalidity of service of statements of claim and summons which results from an error +involving the service process, the details of the court or the date of the hearing, shall cease to +exist when the served Defendant or its attorney appears before the c ourt on the hearing +date stated in the process service or when the a statement of defense is filed by the Defendant, without prejudice to the Defendant's right to request adjournment of the case +for completing the appearance time limit. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (93) +1. The motion to dismiss a case may be furnished at any stage of litigation. +2. Where the court is convinced that the motion to dismiss the case on the grounds of +denial of the Defendant's locus standi is well- founded, it shall adjourn the case to serve +the party having the locus standi at the request of the Plaintiff. +3. In the event that the case is filed against a governmental entity or a public corporate +body, the effect of correction shall apply as of the day of instituting the case, even if the +correction takes place beyond the time limit prescribed for instituting the case. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (94) +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 51 + The motion to dismiss a case on the grounds of res judicata doctrine may be furnished at any +stage of litigation, and shall be decided on by the court sua sponte. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (95) +The court shall decide on the pleas and motions on a case -by-case basis, unless it orders +joinder of the same to the subject -matter of the case, and in such instance, the court shall +indicate its decision on the pleas and the subject -matter separately. + +Chapter 2 Impleader and Intervention +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (96) +The litigant may bring into an ongoing legal proceeding any Third Party who could have +been validly sued upon instituting the same. The Defendant may, if it claims that it has a +right associated with the right under consideration in the ongoing legal proceeding against a person who is not a party to the same, submit a written application to the Case Management +Office or to the Court, setting out the nature of and reasons for such a claim, and shall +request that the Third Party concerned be joined into the ongoing legal proceeding, through the standard procedures for instating the legal proceeding. The Third Party concerned may +also be joined into the ongoing legal proceeding if it attends the h earing and accepts, before +the Court, to be impleaded. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (97) +Each interested party may intervene in an ongoing legal proceeding alongside either litigant, +or may seek in its own favor a judgment that grants a claim relating to the ongoing legal +proceeding, pursuant to the standard procedures for instituting the legal proceeding, or may +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 52 + furnish a verbal claim at the hearing in the presence of the adverse party, so that such a +verbal claim shall be recorded in the hearing transcript. No intervention shall be admitted +after the close of pleadings. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (98) +1. The court may, sua sponte, order that any Third Party be brought into an ongoing legal proceeding, as deemed appropriate for the proper administration of justice or revelation +of truth. In which case, the court shall determine the hearing for the Third Party to +appear before the court. Furthermore, the court shall determine the legal position of +such a Third Party in the legal proceeding, and shall order t he service of process upon +such a Third Party pursuant to the standard procedures for instituting the case. +2. The court may instruct the Cases Management Office to serve a summary of the litigant s' +claims and relief sought in the legal proceeding upon any person, as decided by the +Court to be beneficial to the proper administration of justice or revelation of truth. + +Chapter 3 Interlocutory Applications +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (99) +1. The Plaintiff or the Defen dant may submit any interlocutory applications that are +associated with the original claim in a manner which renders the simultaneous +examination of both of them beneficial to justice. +2. Such application shall be submitted to the court pursuant to the s tandard procedures for +instituting the case or via a verbal claim to be submitted at the hearing in the presence of +the adverse party and recorded in the hearing transcript. + +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 53 + " +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (100 ) +The Plaintiff may submit any interlocutory applications which: +1. Introduce correction of the original claim or amendment of its subject -matter so as to +address circumstances which have occurred or been revealed after the case has been +instituted; +2. Are supplement to, dependent upon, or inseparably associated with t he original +claim; +3. Involve addition to, or amendment of, the cause of action, while maintaining the +subject -matter of the application as it stands; +4. Seek a precautionary measure; or +5. Are permitted by the court to be submitted for being associated with the original claim. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (101 ) +The Defendant may submit the following interlocutory applications: +1. A claim for judicial set -off or a claim for the damages inflicted thereupon by the +original case or any procedure performed thereunder. +2. A claim, which, if granted, would refute or otherwise restrict in favor of the Defendant all or any of the Plaintiff's claims; +3. Any claim which may be inseparably associated with the original case; or +4. Any claim permitted to be submitted by the court for being associated with the +original claim. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (102 ) +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 54 + 1. No interlocutory applications shall be admitted after the close of pleadings. +2. The court shall decide on the said applications alongside the original case whenever +possible, failing which, the interlocutory application shall be initially decided on after +being verified. + +Part 7 Suspension, Stay, Abatement, Prescription and Discontin uance of +Legal Proceeding + +Chapter 1 Suspension and Stay of Legal Proceeding + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (103 ) +1. The legal proceeding may be suspended if the parties agree not to proceed with the same +for not more than 6 [six] months from the date of the court's endorsement of their +agreement. Such suspension shall have no legal effect on any mandatory date which the +law has prescribed for a certain action to occur, and neither litigant may request +resumption of the legal proceeding within the suspension period without the consent of +the adverse party. +2. In the event that neither party requests resumption of the le gal proceeding within the 8 +[eight] days following the expiry of the suspension period, the Plaintiff shall be deemed +to have abandoned its case, and the Appellant shall be deemed to have abandoned its +appeal. In addition, the Cases Management Office shall, upon expiry of the period +referred to in this paragraph, refer the legal proceeding to the competent judge for decision. + +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 55 + " +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (104 ) +The Court shall order suspension of a legal proceeding if it is convinced that that decision on +its merits would be c ontingent upon the determination of any other issue, and that once +such reason for suspension ceases to exist, either litigant may apply for resumption of the +case. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (105 ) +1. The legal proceeding shall be stayed by operation of law upon the death or +incapacitation of either litigant, or upon the termination of legal capacity of any legal +representative acting on behalf of either litigant, unless the same arises after the close of +pleadings into the case. In the event that there are several litigants, the court shall order +that the legal proceeding be stayed with regard to the party in respect of which the cause +of stay exists, and shall adjourn the legal proceeding with regard t o the other litigants. +2. The legal proceeding shall not be stayed upon the death of the litigant's attorney or upon the termination of his legal representation by means of stepping down or dismissal, and +the court may grant an appropriate time extension to the party whose attorney has +passed away or whose legal representation has been terminated, in order to appoint a substitute attorney, if required. +3. The stay of legal proceeding shall bring all procedural dates applicable to the litigant affected b y the cause of stay to an end, so that all the procedures that occur during the +stay of proceeding shall become invalid. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (106 ) +The legal proceeding shall be resumed with regard to the litigant affected by the cause of +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 56 + stay of proceeding by virtue of a subpoena to be served upon the person acting on behalf of +the party who passed away or lost the locus standi or whose legal capacity ceased to exist, +upon the request of the other party, or based on a subpoena to be served upon such a party +at the re quest of other litigants. The legal proceeding shall also be resumed if the scheduled +hearing is attended by the heirs of the deceased or by the person acting on behalf of the party who lost the locus standi or on behalf of the party whose legal capacity c eases to exist. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (107 ) +In the event that any of stay of proceeding causes occurs after the close of pleadings into the +case, the court may either adjudicate on the legal proceeding based on the closing +statements and arguments of the parties or re -open the pleadings at the request of the +person acting on behalf of the party who passed away or lost the locus standi or whose legal capacity ceased to exist, or at the request of the other party. + +Chapter 2 Abatement, Prescription and Discontinuance of Legal Proceeding +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (108 ) +1. Each litigant involved in the legal proceeding may, in the event that the legal proceeding is interrupted due to the Plaintiff's act or omission, move for abatement of proceeding +upon the lapse of 6 [six] months following the date of the last valid litigation procedure. +2. The abatement time limit in respect of the stay of proceeding instances shall only commence on the day on which the party requesting abatement of proceeding serves a +notice upon the heirs of the adverse party who died, upon the person acting on behalf of +the party whose litigation capacity has been terminated or upon the person acting on +behalf of the party whose locus standi ceases to exist, indicating that the legal +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 57 + proceeding is pending between it and the original adverse party. +3. The time limit prescribed for abatement of legal proceeding shall apply to all persons +even if they are lacking the legal capacity or are having diminished capacity, without +prejudice to t heir right to claim compensation from their legal representatives in the +event of the latters' failure to properly follow up on the legal proceeding to such extent which has eventually given rise to the abatement of proceeding. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (109 ) +1. The application for abatement of legal proceeding shall be submitted to the court before +which the legal proceeding is instituted. +2. The abatement of legal proceeding may be invoked in the form of a plea if the Plaintiff resumes the legal proceeding aft er the lapse of the six [6] months. +3. The application for abatement of legal proceeding shall be submitted all Plaintiffs or +Appellants, failing which, the same shall be inadmissible. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (110 ) +The judgment establishing abatement of the proceeding shall result in both the annulment +of the judgment rendered in respect thereof based on the evidence procedure and +invalidation of all procedures performed with regard to the legal proceeding, including the +statement of claim. However, the right to instit ute the legal proceeding, the final judgments +rendered in respect thereof or the procedures preceding such judgments, the admissions +made by the parties or the oaths taken by them shall not be extinguished, and the same shall not, however, preclude the lit igants from invoking the investigation procedures and expert +witness's actions taken, unless the same is invalid per se. + +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 58 + " +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (111 ) +Where an appellate proceeding is decided to be abated, the appealed judgment shall, in all +cases, be deemed final . Where the legal proceeding is decided to be abated in respect of the +motion for reconsideration before a ruling granting the motion is rendered, the motion shall +be abated, and, if after a ruling granting the motion is rendered, the aforementioned rules +relating to the appeal or the first instance, as the case may be, shall apply. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (112 ) +In all cases, the legal proceeding shall be time -barred with the lapse of one year following +the date of the last valid procedure performed in connection therewith, and the prescription +of legal proceeding shall result in the same effects that result from its abatement. +The provision of the foregoing paragraph shall not apply to the challenge by way of +cassation. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (113 ) +The Plaintiff may discontinue the legal proceeding based on a notice of discontinuance to be served upon the adverse party, under an explicit acknowledgment of discontinuance in a +statement signed by the Plaintiff or his legal representative and served upon his adverse +party, or through exp ressing the desire of continuance verbally at the hearing and recording +the same in the hearing transcript. +No discontinuance of the legal proceeding shall take place after the Defendant has +expressed its claims unless the latter's consent is obtained. How ever, the Defendant's +objection to the discontinuance shall not be considered by the Court if the Defendant has +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 59 + objected to the jurisdiction of the Court, has requested referral of the case to any other +Court, or has asserted invalidity of the statement of claim or inadmissibility of the legal +proceeding on the grounds of res judicata or otherwise with the sole aim of precluding the +Court for hearing the legal proceeding. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (114 ) +Discontinuance of the legal proceeding shall give rise to all the effe cts that result from the +abatement thereof, and the discontinuing party shall be liable to pay the legal costs. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (115 ) +During the course of the legal proceeding, if the litigant waives a particular procedure or a +procedural paper, explicitly or implicitly, the underlying procedure or paper shall be deemed +null and void. +Waiver of the judgment shall automatically entail waiver of the right established thereunder. + +Part 8 Ineligibility, Disqualification and Recusal of Judge +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (116 ) +1. The judge shall, in the following cases, be ineligible to hear the legal proceeding, and, as +such, shall be prohibited from hearing the same, even if not disqualified by either +litigant: +a. If he is the spouse, blood relative or an in- law up to the fourth degree of either +litigant; +b. If he or his wife has an existing legal proceeding against either of the litigants; +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 60 + c. If he is the attorney -in-fact, guardian, trustee or presumptive heir of e ither litigant, if +he is the spouse of the guardian or trustee of either litigant, or if he is a relative or an +in-law up to the fourth degree of such a guardian or trustee or of a member of the +company's board of directors or any of its managers where suc h a member or +manager has a personal interest in the legal proceeding; +d. If he or his wife, blood relative or in -law in the ancestral line, or a person for whom +he is acting as the attorney -in-fact, trustee or guardian, has an interest in the existing +legal proceeding; +e. If he and any of the tribunal judges has a relationship of kinship or affinity up to the +fourth degree; in which case, the more junior judge between them shall recuse +himself; +f. If he and the representative of the Public Prosecution or t he advocate of either +litigant are related by blood or affinity up to the second degree; +g. If he had given an opinion, pleaded on behalf of either litigant or written anything in +relation to the underlying legal proceeding, even if before his appointment in the +judiciary, or if he had previously dealt with the underlying legal proceeding as a +judge, expert witness, arbitrator or witness; or +h. If he filed a claim for compensation against the disqualifying party or filed a +complaint against the latter with the competent authority. +2. Any action taken, or decision made, by the judge in respect of any of the foregoing +circumstances shall be null and void, even if based on the agreement of the litigants. +3. If this invalidity occurs in relation to a judgment is sued on a challenge by way of +cassation, the litigant concerned may petition the court to overturn that judgment and to +order that the challenge by way of cassation be heard before a Tribunal in which the +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 61 + disqualified judge is not involved. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (117) +A judge may be disqualified on any of the following grounds: +1. If he or his wife has a legal proceeding similar to the legal proceeding brought before +him, or if he or his wife has a legal proceeding against either litigant or his / her spouse +after the original legal proceeding brought before him has been instituted, unless that +latter legal proceeding has been instituted with the sole aim of disqualifying the judge +from hearing the original legal proceeding; +2. If his divorcee with whom he has a child, or any of his relatives or in- laws in the ancestral +line, has a pending legal proceeding against either litigant or his / her spouse, unless that +latter legal p roceeding has been instituted with the sole aim of disqualifying the judge +from hearing the original legal proceeding; +3. If either litigant has worked as a servant of the judge, if the judge has habitually been dining or cohabitating with either litigan t, or if he has received a gift from either litigant +before or after the legal proceeding is instituted; +4. If a state of bad blood or friendship exists between him and either litigant, such that it is +likely that he would not be able to adjudicate impar tially; or +5. If either litigant has chosen him as an arbitrator in a former legal proceeding. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (118 ) +1. If the judge is ei ther ineligible to hear the legal proceeding or affected by any of the +grounds for disqualification set forth in Articles [116] and [117] of this Code, he shall +keep the Chief Justice informed of the same. If any ground for disqualification is proven +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 62 + to be in place, the Chief Justice shall permit the judge to recuse himself, and the same +shall be recorded in a special report to be kept with the court. +2. The judge may, even if eligible to hear the legal proceeding and is not affected by any +grounds for disq ualification but feels that it would be more appropriate for himself to +step down from hearing the legal proceeding for any reason whatsoever, put forward his +recusal proposal to the Chief Justice in order for the latter to decide on the matter. +3. If any of the foregoing situations affects the Chief Justice of the court, he shall refer the matter to the judge acting in lieu of him. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (119 ) +1. If the judge is affected by any of the grounds for disqualification set out in Article [117] of this Code b ut fails to recuse himself, the litigant concerned may request his +disqualification. The disqualification shall be sought based on a Motion for +Disqualification to be submitted to the Chief Justice of the court to which the judge +concerned belongs, and sha ll be signed by the moving party or his authorized +representative and accompanied by the power of attorney. Motion for Disqualification shall set out the grounds for disqualification and shall be accompanied by the supporting +documents. +2. The party moving for disqualification shall, upon filing the motion, deliver to the Court's +treasury an amount of [AED 5,000] five thousand dirhams as security deposit, and such security deposits shall be multiplied depending on the number of judges whose +disqualification is sought. The Chief Justice shall not admit the Motion for +Disqualification unless the same is accompanied by a proof of payment of the security +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 63 + deposit. It shall be sufficient for one security deposit to be paid for each Motion for +Disqualification of judge in the event that there are several parties seeking disqualification under a single Motion for Disqualification, even if the grounds for +disqualification are different. If the Motion for Disqualification is denied, the court shall +impose a fine on the party moving for disqualification of not less than [AED 5,000] five +thousand dirhams and not exceeding [AED 10,000] ten thousand dirhams, in addition to +the confiscation of security deposit. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (120 ) +1. The Motion for Disqualification shall be filed before any defense or plea is presented in the legal proceeding; otherwise, such a right shall be forfeited. Nevertheless, the Motion +for Disqualification may be filed later either if its grounds occur thereafter or if the party +seeking disqualification proves that it has been unaware of such grounds. +2. Under all circumstances, the litigant's right to seek disqualification shall be forfeited if no +Motion for Disqualification is filed before the close of pleadings and such litigant has +been notified of the hearing scheduled for the underlying legal proceedings and the +grounds for disqualification are in place and recognized by him up to the close of pleadings. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (121 ) +1. The Chief Justice shall inform the judge, whose disqualification is sought, of the Motion for Disqualification and its attachments as soon as possible. +2. The judge shall respond, in writing, to the disqualification grounds and details, not later +than seve n days following the date of being informed of the same. If the judge either fails +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 64 + to provide a response within such a time limit or admits the grounds for disqualification, +and such grounds are legally valid as a basis of disqualification, the Chief Justice shall issue an order of disqualification. +3. If the judge responds to the grounds for disqualification and denies a particular ground +thereof which is legally valid as a basis of his disqualification, the Chief Justice shall +designate the Tribunal taske d with hearing the Motion for Disqualification and shall +schedule a date for the Tribunal to hear the same. In addition, the Case Management Office shall inform both the party seeking disqualification and the judge of such a date, +and shall also inform all other litigants involved in the underlying legal proceeding in +order to file any Motions for Disqualification they may have according to the foregoing Article. The said Tribunal shall examine the Motion for Disqualification in cameras, and shall decide on the Motion after hearing the statement of the moving party and response +of the judge concerned, if necessary or so requested by the latter. Upon examining the Motion for Disqualification, the judge concerned may neither be examined nor be asked +to take th e oath. +4. Where Motions for Disqualification are filed before close of pleadings in respect of the initial Motion for Disqualification, the Chief Justice or his representative, as the case may +be, shall refer all such Motions to the same Tribunal that is hearing the initial Motion, in +order for a single ruling to be rendered in respect of all such Motions. +5. The procedures for examining and deciding on the Motion for Disqualification shall be conducted, even if the party seeking disqualification waives the same. +6. The ruling on the Motion for Disqualification shall be announced at an open court +hearing and shall be unchallengeable. +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 65 + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (122 ) +The filing of a Motion for Disqualification shall bring about a stay of proceedings until a final +ruling is r endered on the Motion. However, in case of urgency, and at the request of the +other litigant, a judge may be appointed in lieu of the judge whose disqualification is sought. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (123 ) +The Court of Appeal shall decide on the Motion for Disqualificatio n if the judge whose +disqualification is sought is a judge of the Court of Appeal or a judge of the Court of First +Instance that is subordinate to the Court of Appeal. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (124 ) +1. If a Motion for Disqualification is filed against all judges of the Court of First Instance and the Court of Appeal grants such a Motion, the Court of Appeal shall assign the legal +proceeding to another Court of First Instance for adjudication on the merits thereof. +2. If a Motion for Disqualification is filed agains t all or any of the judges of the Court of +Appeal, so that the number of remaining judges would not be sufficient to render a +judgment, the Motion for Disqualification shall be referred to the court of higher +instance. If the latter Court decides to grant the Motion for Disqualification, it shall refer +the case to another Court of Appeal for adjudication on the merits thereof. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (125 ) +The rules and procedures set forth in Chapter 8 shall apply when a member of the Public +Prosecution is sought to be disqualified where the Public Prosecution is an inventor in the +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 66 + underlying legal proceeding, based on any of the grounds described in Articles [116] and +[117] of this Code. + +Chapter 9 Judgments +Chapter 1 Rendering of Judgment + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (126 ) +Unless there is an agreement for amicable settlement signed by the litigants involved and duly attested by the Notary, the Court shall not, neither after the legal proceeding is set for adjudication nor in the course of the deliberations, hear the statements of either litigant or +his attorney in the absence of the adverse party or admit any papers or submissions from +either litigant without informing the adverse party of the same, otherwise, the underlying +procedure shall be null and void. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (127 ) +Once the pleadings of the legal proceeding are completed, the court shall either adjudicate +on the same or set a date for the rendering of a judgment thereon. Furthermore, the court +may extend the date set for the rendering of its judgment or order that pleadings be res umed +again after being closed only once based on a reasoned decision to be announced at the hearing and records in its transcript. The issuance of such a decision shall be deemed a +notice to the litigants of the new date. In both instances, the time limit shall not exceed two +weeks. +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (128 ) +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 67 + 1. Deliberation of judgments shall be conducted confidentially between all the judges +involved, and only the judges who have heard the pleadings may get involved in the deliberation process. +2. The Chief Justice shall collect the viewpoints, starting with the most junior judges +followed by the more senior ones, and shall express his own viewpoint last. Judgments +shall be rendered either unanimously or by majority of votes. If the majority is not +available and there are more than two viewpoints, the group with the least numbers or +with the most junior judges shall adopt the viewpoint of either of the groups with the +highest number, after collecting the viewpoints for a second time. +3. The judgment shall, as the case may be, be rendered by the judge or the Chief Justice and +judges of the Tribunal. +4. A report on the rendering of the judgment shall be drawn up on the date set for the +judgment, indicating the names of the judges who attended the judgme nt hearing, and +shall be signed by the Presiding Justice of the Tribunal or the Judge, as the case may be. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (129 ) +1. Under all circumstances, the judgments shall indicate their underlying grounds, and +once rendered, shall be kept in the case file after being signed by the Presiding Justice +and Judges of the Tribunal, whether electronically or in a paper format. +2. For summary proceedings, if the judgment is rendered at the pleadings hearing, the +judgment and its underlying grounds may be filed within [3] three business days from +the date of its rendering. +3. Violation of the provisions of Clauses [1] and [2] of this Article shall render the judgment +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 68 + invalid. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (130 ) +1. The judgment shall indicate the court that rendered it, the date and place of its rendering, +the type of case, the names of the judges who heard the pleadings and rendered the +judgment, and the names of the litigants and details on their appearance or absen ce. +2. The judgment shall include a full account of the facts of the case and the relief sought by the litigants, a brief summary of their affirmative defense, and the opinion of the Public +Prosecution, if any. Then, the grounds for and operative part of t he judgment shall be +indicated. +3. Errors or defects in relation to the factual grounds for the judgment, names and +capacities of the litigants, or the failure to indicate the names of the judges who rendered +shall render the judgment shall render the judg ment invalid. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (131 ) +1. The copy of the judgment - based on which the judgment is to be enforced - shall be +stamped with the official seal of the Court and signed by the competent officer after being appended with the writ of execution, and shall only be handed over to the litigant +in whose favor the judgment is to be enforced. It is a prerequisite that the judgment be +enforceable or that the judgment be appended with the writ of execution and electronic +signature in the event that the judgment cop y is obtained remotely. +2. A second enforcement copy of the judgment may be only delivered to the same litigant if +the first copy is lost or cannot be used, under an order of the judge or Presiding Judge, as +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 69 + the case may be. +3. A certified copy of the judgment may be delivered in an electronic or paper format to the +parties concerned upon their request, and the same may only be delivered to nonparties +with the permission of the judge or the Presiding Justice, as the case may be. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (132 ) +1. Notwithstanding the provisions of Articles [127] and [129] of this Code, the Tribunals +provided for in Article [29.2] of this Code shall decide on the legal proceedings brought +before them by a decision the grounds of which shall be filed at the same hearing. +2. The decisions referred to in Clause [1] of this Article may be challenged before the +competent Court of Appeal that shall hear the same in chambers, in accordance with the +rules, procedures and time limit prescribed for challenging the judgments. + +Chapter 2 Legal Costs +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (133 ) +1. Upon rendering a judgment or decision on the legal proceeding brought before it, the +court shall, sua sponte , adjudicate on the legal costs. +2. The le gal costs shall be determined against the losing party, and shall include, among +others, the attorney fees to be determined by the Court in accordance with the controls and criteria set out in the Legal Profession Law and the cost of translating the notice s. If +there are several losing parties, the legal costs may be divided among them either +equally or pro rata their respective interests in the case, at the sole discretion of the court, +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 70 + and they shall only be held jointly liable to pay the legal costs if t hey have joint liability in +respect of the underlying obligation decided against them by the Court. Where there are +several losing parties, prevailing parties or attorneys, the attorney fees shall not be +multiplied. +3. Intervention costs shall be awarded against the intervening party if the latter has +independent reliefs sought, if his intervention is denied, or if his relief sought is denied +by the Court. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (134 ) +The court may order that the prevailing party bear the legal costs of the legal procee ding, in +whole or in part, if such a party has either caused unnecessary expenditure to be spent or +left its adverse party unaware of the instrumental documents of the legal proceeding or of +the contents thereof. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (135 ) +If the Court denies certain claims of both litigants, the judgment may order that either each +litigant bear the legal costs incurred thereby or the legal costs be divided between them as determined by the Court. However, the court may order that a single litigant bear all legal +cost s. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (136 ) +1. The court may impose legal costs against the expenses arising from a legal proceeding or +defense based on malicious grounds. +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 71 + 2. Without prejudice to the provisions of Article [133] of this Code, the court may, upon +rendering a judgment on the merits, order a fine of not less than [AED 1,000] one thousand dirhams and not exceeding [AED 10,000] ten thousand dirhams against the +litigant who takes an action or files a claim, motion or defense based on malicious +grounds. + +Chapter 3 Correction and Interpretation of Judgments +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (137 ) +1. The court may, either sua sponte or upon a motion of either litigant, and without plead- +ings, correct any purely material errors, whether typographical or mathematical, that ex-ist in its decision or judgment. Such correction shall be made on the underlying decision +or judgment, and shall be signed by the Presiding Judge of the hearing. +2. The material error shall include, among others, the improper posting or issuance of the +decision or judgment on the electronic system. +3. If a decision denying the correction is issued, the same may only be challenged concur- +rently with the challenge against the original decision or judgment. For the decision that +grants correction, it may be c hallenged independently based on the standard methods of +challenge against the decision or judgment corrected. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (138 ) +1. The litigants may file a petition with the court that renders a judgment for interpreting +any vague or ambiguous aspects of su ch a judgment, and such a petition shall be filed +based on the standard procedures for instituting a case. The judgment on interpretation +shall be considered complementary in all respects to the judgment it interprets, and shall +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 72 + be subject to all rules of challenge applicable to the original judgment. +2. Litigants may request the interpretation of judicial decisions and orders. In which case, +the request shall be submitted in the same way of submission of the underlying decision +or order, and shall be subje ct to the same legal effects set forth in Clause [1] of this +Article. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (139 ) +If the court fails to decide on any substantive claims, it shall, upon motion of any party +concerned, consider the motion and issue a decision or judgment on the claims o mitted, as +the case may be, after serving the motion upon the adverse party. In which case, the decision or judgment shall be subject to the rules of challenge applicable to the original decision or +judgment. + +Part 10 Writs on Petitions +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (140 ) +1. In the circumstances where a litigant has a right to have a writ issued in its favor by the Court, such a litigant shall file a writ petition with the competent judge or to the +Presiding Judge of the Tribunal that is hearing the case after the case has bee n registered. +Such a petition shall be filed in two copies, unless it is registered electronically, and shall +include the facts and grounds of the petition, the petitioner's domicile and place of work +and an elected domicile in the State, if the petitioner has no domicile or place of work +therein, and shall be accompanied by the supporting documents. +2. The judge or Presiding Judge of the Tribunal, as the case may be, shall issue a written writ +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 73 + on either copy of the petition or electronically not later than the day following its filing +date, and the grounds upon which the writ is based shall not be necessarily mention +unless the writ goes against a previously -issued writ. In the latter case, the grounds upon +which the new writ is based shall be mentioned; ot herwise, the new writ shall be invalid. +The writ shall be recorded either in a special record or in the transcript of the hearing. +3. The writ shall be executed under a letter addressed by the judge or the presiding judge of +the Tribunal, as the case may b e, to the entity concerned. The petition shall be kept in the +file with no need for service to be conducted or a writ of execution to be issued. If the +writ cannot be executed for a reason attributable to a natural or private legal person, the +judge or pre siding judge of the Tribunal, as the case may be, may impose on the same a +fine of not less than [AED 1,000] one thousand dirhams and not exceeding [AED 10,000] +ten thousand dirhams for each day of execution delay. The fine shall be imposed by a +reasoned d ecision that cannot be challenged by any means of challenge. The judge or +presiding judge of the Tribunal, as the case may be, may relieve the fined person of all or +any part of the fine if the latter furnishes an acceptable excuse after the writ is +comple tely executed. +4. The fine penalty referred to in Clause [3] of this Article may be enforced by its issuer after +the fined person is notified. +5. The writ issued on a petition shall be time -barred if not submitted for execution within +[15] fifteen days following the date of its issuance. This prescriptive period shall not preclude the issuance of a new writ. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (141 ) +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 74 + 1. The petitioner whose writ petition is denied, the party against whom the writ is issued, +and the parties concerned shall all have th e right to file a grievance against decision +made in respect of the writ petition with the competent court or the issuing judge - as the +case may be, unless the law provides otherwise. The institution of the original case +before the court shall not preclud e examination of the grievance. +2. The grievance shall be reasoned. +3. The grievance shall be submitted either independently or is association with the original +case, through the standard procedures for filing the interlocutory applications. +4. In respect of the grievance filed against the writ, a decision to affirm, amend or overturn the writ shall be made, and such a decision may only be challenged by way of appeal. If +the writ is issued by the Court of Appeal, the grievance against it shall be filed with a +different tribunal of the same court, and the latter's judgment shall not be challengeable +by any means of challenge. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (142 ) +A grievance against a writ shall not cause a stay of its execution. However, the court or judge may order a temporary s tay of execution, in accordance with the provisions of Article [221] +of this Code. + +Part 11 Writs of Debt + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (143 ) +1. Notwithstanding the general rules for instituting a legal proceeding b efore the Court of +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 75 + first instance, the provisions contained in the following Articles shall apply if the +creditor's right is well- established in writing – whether electronically or in a paper +format - and due for settlement, and that the claim is only invo lving a debt of money of a +specified amount or a movable property that is self -defined or specified in terms of type +and value. +2. The provisions of Clause [1] of this Article shall apply if the right is established based on +a commercial paper, with the ex ception of the cheque which is considered a writ of +execution under Article [212.2.d] of this Code. +3. Under all circumstances, the filing of a petition for a writ of debt shall not preclude the +petitioner from claiming the interests or damages or taking any other precautionary +measure. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (144 ) +1. The creditor shall first serve upon the debtor a notice for payment within at least five [5] +days, following which, the creditor shall seek a writ of debt from the judge of the court within the territorial jurisdiction of which the debtor's domicile is located, the court +within the territorial jurisdiction of which the underlying agreement is executed or per-formed in whole or in part, or the court within the territorial jurisdiction of which the agreement i s required to be performed. The right described in the notice for payment +shall not be less than the right described in the petition for a writ of debt. The notice for +payment shall be served by any of the means of service defined in this Code. +2. The writ of debt shall be issued on the basis of an electronic or paper petition, as the case +may be, to be filed by the creditor and accompanied by a proof of the debt and a proof of +serving a notice for payment upon the debtor. The Case Management Office shall k eep +the petition filed until the appeal time limit expires. +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 76 + 3. The petition shall include the details of the statement of claims described in Article [44] +of this Code. +4. The writ of debt shall be issued not later than [3] three business days following the filing +date of the petition, and shall include details of the amount ordered to be paid or the +movable property order to be delivered, as the case may be, and shall also indicate +whether it is issued on a commercial matter. +5. The petition referred to in this Article shall be give rise to the legal effects of instituting a +legal proceeding as of the filing date thereof, even if the court is lacking the jurisdiction. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (145 ) +The judge shall decide whether the petition is granted or fully or partially dismissed. If he +issues a decision of dismissal or inadmissibility of the petition, such a decision shall be +reasoned. If the decision is relating to the enforcement of a commercial contract, it shall be reasoned under all cir cumstances. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (146 ) +1. The debtor shall be served with the writ of debt issued against it in accordance with the +provisions and methods set forth in this Code. +2. The writ of debt issued against the debtor shall be deemed null and void if the same is +not served upon the debtor within [3] three months following the date of issuance of the +writ. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (147 ) +1. The litigants may file a grievance against the writ of debts if the value thereof falls within +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 77 + the jurisdictional amount of the Court of First Instance, within [15] fifteen days following +the date of serving the writ of debt upon the debtor of, and as of the issuance date of the writ with regard t o the creditor. The grievance shall be filed with the competent judge of +the writ of debt according to the standard procedures for instituting the legal proceeding. +Upon hearing the grievance, the rules and procedures applicable before the court shall +be o bserved. The judge shall decide on the grievance by a final unchallengeable +judgment, and the grounds for such a judgment shall be filed at the same hearing. +2. Subject to Clause [1] of this Article, a writ of debt whose value exceeds the jurisdictional +amount of the Court of First Instance may be appealed in accordance with the +procedures and time limits prescribed for appealing the judgments. The grounds for appeal shall be filed upon registering the appeal, otherwise, it shall be inadmissible. +3. Subject to Articles [45.8] and [150] of this Code, the court shall decide on the appeal in +chambers without being prepared by the Case Management Office, within one week of +completing the service of the statement of appeal. It may schedule a hearing to consider +the merits, if necessary, and shall not remand the claim to the Court of First Instance. +4. Notwithstanding the provisions of Clause [3] of this Article, if the claim is initially filed through the standard manner for filing a case and the supervising judge has issued a writ +of debt in respect thereof, but the Court of Appeal is convinced that the conditions +governing the issuance of the writ are not satisfied, it shall remand the claim to the Court +of First Instance to hear the same in accordance with the t ypical method of hearing the +legal proceedings. +5. The rules and procedures governing the grievance or appeal against the writ of debt shall +apply to the precautionary measures issued concurrently with the writ of debt. +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 78 + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (148 ) +The rules for expedited enforcement shall apply to the writ of debt in accordance with the +provisions of this Code. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (149 ) +Based on a debt that satisfies the conditions for issuing a writ of debt, if the creditor seeks a +writ of garnishment over the debtor's property in the possession of third parties, the +standard procedures shall apply to garnishment sought. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (150 ) +Notwith standing the provisions set forth in this Chapter, if the legal proceeding brought +before the court satisfies the conditions for issuing a writ of debt, the court shall decide +thereon in accordance with the rules and procedures governing the adjudication o n legal +proceedings. + +Part 12 Methods of Challenging Judgments +Chapter 1 General Provisions + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (151 ) +1. Judgments may only be challenged by the losing party, and no party, whose relief sought +is, explicitly or implicitly, grant ed or awarded by the judgment, may challenge the judg- +ment so rendered, unless the law provides otherwise. +2. The party challenging a judgment shall not be adversely affected by its challenge. +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 79 + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (152 ) +The rulings rendered in the course of hearing th e legal proceeding and which do not provide +conclusive determination of the lawsuit may only be challenged after the conclusive +judgment is rendered on the entire legal proceeding, with the exception of the summary and +urgent judgments, the judgment that o rder the dismissal of proceedings, the judgments that +are subject to compulsory execution, the judgment establishing lack of jurisdiction, and the +judgment that establish the court's jurisdiction over the legal proceeding if the court has no +jurisdiction t o adjudicate on the legal proceeding. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (153 ) +1. The time limit for challenging a judgment shall commence on the day immediately +following the date on which the judgment is rendered, unless the law provides +otherwise. Such a time limit shall commence as of the day on which the judgment is served upon the losing party, in the circumstances where the latter has failed to appear +in all hearings scheduled for the legal proceeding and to file a statement of defense, and +also where the losing party has failed to appear and to file a submission at all hearings +following the resumption of the legal proceeding after the same has been stayed for any reasons whatsoever. +2. The time limit shall commence on the day of serving the judgment, in the event that any of the grounds for stay of the legal pr oceeding occurs and the judgment is rendered +without suing the party acting in lieu of the litigant who passed away or lost the locus standi or whose legal capacity ceased to exist. +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 80 + 3. The judgment shall be served according to the situations described in A rticles [9 and [10] +of this Code. +4. Failure to abide by the time limits for challenging the judgments shall cause the right to +challenge judgment to be forfeited, and the Court shall decide the same sua sponte. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (154 ) +1. The time limit for challe nging a judgment shall be interrupted when the losing party +passes away or loses the locus standi for litigation or where the capacity of the person +acting on his behalf ceases to exist. +2. The interruption shall only cease to exist after the judgment is s erved upon all heirs, +without mention of their names and capacities, at the last known domicile of their lega- +tor, in the event that the heirs are unknown, or after the same is served upon the party +acting on behalf of the party whose locus standi is lost o r whose capacity ceases to exist. +3. If the heirs are known, they shall be served according to the situations defined in Articles +[9] and [10] of this Code. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (155 ) +1. If the prevailing party passes away within the time limit prescribed for challen ging the +judgment, the adverse party may file the challenge against the judgment and served the +same upon all heirs of the prevailing party, without mention of their names and capaci- +ties, at the last known domicile of their Legator. Afterwards, the challen ge shall be served +again upon all heirs in their respective names and capacities ahead of the hearing sched- +uled for the challenge to be heard or on the date scheduled by the Court for serving the +heirs who have not been served with the first hearing and failed to appear in court. For +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 81 + summary proceedings, the service of process upon the known heirs shall be legally suffi- +cient. +2. If the prevailing party loses the locus standi within the time limit prescribed for chal- +lenging the judgment, or where the party acting on his behalf loses its legal capacity, the challenge may be filed against the judgment and served upon the party who lost the lo- +cus standi or for whom the person acting has lost the legal capacity. Afterwards, the +challenge shall be served again upo n the party acting on behalf of such a party ahead of +the hearing scheduled for hearing the challenge or on the date scheduled by the Court as +described above. +3. The service of process in respect of clauses [1] and [2] of this Article shall be conducted as per the situations described in Articles [9] and [10] of this Code. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (156 ) +1. The challenge shall be served as per the situations described in Articles [9] and [10] of +this Code. +2. If the party against whom the challenge is filed happens to be the Plaintiff or Appellant, +and has not indicated in the Statement of Claim or in the Notice of Appeal the address +for service, and such an address cannot be identified in light of the other do cuments of +the case, such a party shall be served as per the situations described in Articles [9] and +[10] of this Code. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (157 ) +1. Only the party filing the challenge may take advantage thereof, and only the party +against whom the challenge is filed may be affected thereby. However, if the judgment is +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 82 + rendered on a matter that is indivisible, or an obligation based on joint liability, or on a +legal pro ceeding in respect of which the law prescribes that certain persons be sued, the +losing party, who has either missed the time limit for filing the challenge or accepted the judgment, may challenge the same while the challenge timely filed by any of the oth er +losing parties is being heard through joining the party filing the challenge in respect of its +relief sought. Failing which, the court shall order the party filing the challenge to sue the +defaulting party. If a challenge is timely filed against a prevailing party, the other pre-vailing parties shall be sued as well, even after the time limit for the challenge has ex- +pired with regard to them. +2. If the challenge is timely filed by the guarantor or by the party requesting the guarantee +against the judgment rendered on the original legal proceeding, and they have the same +defense in respect thereof, the party, who has either missed the time limit for challenging the judgment or accepted the judgment, may challenge the same judgment through +joining the other party. If a challenge is timely filed against either of them, the other par- +ty, too, may be sued even after the time limit for the challenge has lapsed with regard +thereto. +3. The guarantor and party seeking the guarantee shall each take advantage of the ch al- +lenge filed by either of them against the judgment rendered in respect of the original le- +gal proceeding, provided that they have the same defense in respect thereof. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (158 ) +1. The documents may only be returned back t o the parties who have submitted the same +either after the time limits prescribed for challenging the judgments have expired or after +the challenge filed is decided on. +2. Photocopies of the documents referred to in Clause [1] of this Article may be delive red to +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 83 + the parties concerned so requesting. +3. If necessity requires that the original document be delivered, such delivery shall take +place based on an order of the judge or the presiding judge of the Tribunal, as the case +may be, and a photocopy thereof shall be kept and signed by either of them and stamped +with the seal of the Court. + +Chapter 2 Appeal + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (159 ) +1. Other than the situations excluded under a provision of the law, the litigants may appeal +the rulings and judgments of the court of firs t instance before the competent court of +appeal. +2. Judgments rendered by the court of appeal shall be final and unchallengeable by way of +cassation, in the event that the value of the legal proceeding does not exceed AED +[500,000] five hundred thousand dirhams. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (160 ) +1. Judgments and rulings rendered by the court of first instance within the jurisdictional +amount thereof may be appealed on the grounds of the violation of the public +order -related rules of jurisdiction, an invalidity affecting the underlying judgment or +ruling, or a procedural invalidity that has affected the underlying judgment o r ruling. +2. All judgments and rulings may be appealed within the range of the jurisdictional +amount, in the event that the underlying judgment or ruling is rendered in contrast to a +former judgment or ruling that has not acquired the res judicata effect. In which case, the +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 84 + former judgment or ruling shall be deemed appealed by operation of law if the same has +not become conclusive upon filing of the appeal. +3. In such cases, the Appellant shall pay to the treasury of the Court of Appeal, upon filing +the app eal, a security deposit of AED [2,000] two thousand dirhams. If there are several +Appellants, a single security deposit shall be legally sufficient if they have filed their +appeal based on a single notice of appeal, even if they have different grounds for appeal. +4. The Case Management Office shall not admit the notice of appeal if not accompanied by a proof of the payment of such security deposit, and the security deposit shall be +confiscated by operation of law where the appeal is decided to be inadmissib le. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (161 ) +The time limit for appeal shall be thirty [30] days unless otherwise provided for in the law, and for summary proceedings, the time limit shall be ten [10] days. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (162 ) +If the judgment is rendered based on an act of fraud committed by the litigants, a forged +document or perjury, or due to an instrumental document in the legal proceeding that is +withheld by either litigant, the time limit for appealing the judgment shall only commence as +of the day on which the act of fraud is discovered, the forgery is either admitted by its +perpetrator or established under a judgment, the person who committed perjury is convicted, or the document withheld is brought to light. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (163 ) +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 85 + 1. Appealing the judgment rendered on a alternative claim shall inevitably entail appealing +the judgment rendered on the original claim. In which case, the prevailing party of the original claim shall be sued, even after the time limit for appeal has expired. +2. If the court of appeal sets aside the judgment rendered on the original claim, it shall re- +mand the case to the court of first instance for the latter to decide on the alternative +claim. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (164 ) +1. The appeal shall be filed based on a notice of appeal to be deposited with the Case +Management Office of the competent court of appeal and immediately recorded in the +relevant register or electronically recorded. The notice of appeal shall include details of +the judgment appealed and its date, the grou nds for appeal, the claims sought, details of +the litigants' names, capacities and domicile of each of them, the domicile elected by the +Appellant in the town wherein the competent court of appeal is located, in addition to +the signature of the Appellant o r its legal representative. +2. Other than the e -registration instances, the Appellant shall file as many notices of appeal +as the number of Appellees, in addition to another copy for the Case Management Of-fice, and shall attach with every copy the supporting documents of its appeal. +3. Subject to the matters in respect of which a special provision is stipulated, the Appellant +may submit the grounds for its appeal, up to the date of the first hearing, to the Case Management Office or the Court – as the case may be - , otherwise, its appeal shall be +inadmissible. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (165 ) +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 86 + 1. The Case Management Office of the Court with which the appeal is filed shall request +that the file of the first instance case be joined – whether electronically or in a paper +format – on the day immediately the filing day of the appeal. +2. The Case Management Office of the First Instance Court that has rendered the judgment +shall send the case file – whether electronically or in a paper format – not later than ten +[10] days of the dat e of being requested to do the same. For summary proceedings, such +a time limit shall be reduced up to three [3] days. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (166 ) +1. The Appellee may, up to the date of the first hearing before the Case Management Office +or the Court – as the case may be - , file an appeal either through the standard +procedures or under a statement that includes the grounds for its appeal. +2. The appeal described in the foregoing paragraph shall be deemed a counterappeal if the +same is filed within the t ime limit for appeal, and a cross -appeal if filed beyond the limit +for appeal or where the party filing it has accepted the judgment prior to the date of filing of the original appeal. +3. The cross -appeal shall be contingent on the original appeal, and shall cease to exist +where the original Appellant has waived its appeal or where the original appeal is decided to be dismissed as a matter of form. For the counterappeal, it shall not cease to +exist whenever the original appeal ceases to exist, regardless of the method of filing the +same. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (167 ) +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 87 + 1. The appeal shall bring the case back to its original state existing before the rendering of +the judgment or ruling appealed only with regard to the matter covered by the appeal. +2. The Court shall hear the appeal in chambers after the appeal is referred thereto by the Case Management Office. +3. The Court shall decide on the appeal in chambers within twenty [20] business days +based on a reasoned judgment or ruling that brings the legal proceeding to an end. The court of appeal shall decide that the appeal is inadmissible, dismissed or abated, or that +the judgment or ruling appealed be affirmed. It may also schedule a hearing for examin- +ing the merits, if necessary. +4. The court of appea l shall hear the appeal based on both the new evidence, pleas and as- +pects of defense submitted thereto, and the evidence, pleas and aspects of defense ini- +tially submitted to the court of first instance. +5. New claims asserted in an appeal shall not be admitted, and the Court shall, sua sponte, +decide or order that any new claims be dismissed as inadmissible. However, the original +claim may be accompanied by the wages, salaries and all other financial rights that fall +due after the closing arguments were sub mitted to the court of first instance, and the +excess amount of compensation after such arguments were submitted. In addition, while +keeping the original claim as it stands, its reason may be changed and new claims may +be added thereto. +6. Any party not involved in the legal proceeding on which the judgment or ruling appealed +shall not be brought as a party to the appeal. In addition, intervention in the appeal may +only be sought by any party that requests joining either litigant or that considers the +judgm ent or ruling appealed to be adversely affecting its interests. +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 88 + 7. Appealing the judgment or ruling that brings the legal proceeding to an end shall inevi- +tably entail appealing all the judgments and rulings rendered on the legal proceeding, unless they are explicitly accepted, subject to the provision of Clause [1] of this Article. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (168 ) +If the Court of First Instance decided on the merits of the case and the Court of Appeal is +convinced that there has been an aspect of invalidity as to the judgme nt or a procedural +invalidity that has affected the judgment, it shall both decide that the judgment be set aside +and adjudicate on the case. If the Court of First Instance decides that it is lacking the +jurisdiction over the case or that a subsidiary plea be granted and would cause a stay of the +proceeding, while the Court of Appeal decides that the judgment be set aside and that the +court is having the jurisdiction or that the subsidiary plea be dismissed and that the case be +heard, the case shall be remanded to the Court of First Instance in order for the latter to +render a judgment on the merits thereof. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (169 ) +Under all circumstances, the Court shall grant the discontinuance of the appellate +proceeding if the Appellant waives its right to appeal. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (170 ) +The appeal shall be subject to the rules and procedures that are applicable to the legal +proceedings before the Court of First Instance, unless otherwise prescribed b y the law. + +Chapter 3 Motion for Reconsideration +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 89 + " +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (171 ) +The litigants may file motions for reconsideration in respect of the final judgments +and rulings rendered in the following instances: +1. If the ad verse party has committed an act of fraud which affected the +underlying judgment or ruling; +2. If the judgment or ruling has been based on documents which, after the +same is rendered, are acknowledged or turned out to be forged, or based on +a witness testimony, which, after the judgment or ruling is rendering, +turned out to be a perjury; +3. If, after the judgment or ruling is rendered, the moving party obtains +instrumental documents which have been withheld by the adverse party; +4. If the judgment or ruling awards legal remedy not claimed by the litigants +or in excess of their claims; +5. If the operative part of the judgment or ruling is self -contradictory; +6. By a party who considers that the judgment or ruling rendered on the legal +proceeding is adversely affecting its interests where such a party has +neither intervened in, nor been impleaded into, the underlying legal +proceeding, provided that such a party pr oves the fraud, collusion or gross +negligence of the legal representative acting on his behalf; or +7. If the judgment or ruling is rendered against a natural or legal person who +has not been duly represented in the legal proceeding. + +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 90 + " +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (172 ) +The t ime limit for filing motions for reconsideration shall be thirty [30] days, which shall +commence, in respect of the instances referred to in Articles [171.1], [171.2] and [171.3] of +this Code, only as of the day on which the fraud if discovered, the forger y is either admitted +by its perpetrator or established under a court decision, the person who committed perjury is convicted, or the document withheld is brought to light. For the instance referred to in +Article [171.6] of this Code, the time limit shall c ommence as of the day on which the act of +fraud, collusion or gross negligence is discovered. For the instance referred to in Article [171.7] of this Code, the time limit shall commence as of the day on which the judgment is served upon the losing party or its duly appointed legal representative. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (173 ) +1. The Motion shall be filed with the Court that rendered the judgment, based on a petition to be deposited with the Case Management Office according to the standard procedures for instituting the c ase. +2. The petition shall set out the details of the judgment in question and the date of its +issuance, and the grounds for the motion; otherwise, the same shall be null and void. +3. The court that hears the motion shall be composed of the same judges who rendered the +judgment in question. +4. The motion shall only be admitted if its petition is accompanied by a proof of payment of +AED [500] five hundred dirhams as security deposit. Suc h security deposit shall be +confiscated if the motion is decided to be dismissed, inadmissible or impermissible. + +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 91 + " +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (174 ) +1. After hearing the statements of the litigants, the Court shall first decide on the +inadmissibility of the motion. If admitted, the Court shall schedule a hearing for +pleadings on the merits, with no need for a new service of process. However, the Court +may decide on both the admissibility of the motion and its merits under a single +judgment, in the event that the litigants have filed their claims as to the merits with the +court. The Court shall only reconsider the claims contained in the motion. +2. Neither the filing of a motion nor its admission shall cause a stay of execution of the +judgment. However, the Court that hears t he motion may order a stay of execution +whenever requested in the event that the execution is likely to bring about an +irremediable substantial damage. When a stay of execution is ordered by the Court, the +latter may require the moving party to furnish a s ecurity or guarantee as deemed +necessary to safeguard the right of the party against which the motion is filed. +3. No motion for reconsideration may be filed against the judgment that dismissed the +motion or against the judgment on the merits of the case after being accepted by the +moving party. + +Chapter 4 Cassation +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (175 ) +1. The litigants may challenge, by way of cassation, the judgments rendered by the Court of Appeal, in the event that the case value exceeds AED [500,000] five hundred thousand +dirhams or if the case value is unknown in the following situations: +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 92 + a. If the contested judgment is based upon the violation, misapplication or misrepre- +sentation of the law; +b. If the judgment is invalid or the where there is a pro cedural invalidity that affected +the judgment; +c. If the contested judgment is rendered in violation of the rules of jurisprudence; +d. If the judgment adjudicated on the legal proceeding in contrast to another judgment +rendered on the same merits between the same litigants and has acquired the res ju- +dicata effect; or +e. If the judgment awards legal remedy not claimed by the litigants or in excess of the +claims sought by them. +2. The litigants may challenge, before the Court of Cassation, any final judgment – +regardless of the issuing court thereof – where such judgment adjudicated on the legal +proceeding in contrast to a former judgment wh ich was rendered between the same +litigants and acquired the res judicata effect. +3. Judgments rendered by the Court of Appeal on the Execution procedures shall not be +challengeable by way of cassation. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (176 ) +1. The Attorney General may challenge by way of cassation, either sua sponte or based on a +request of the Minister of Justice or the Head of the Local Judicial Body, as the case may +be, accompanied by the grounds for challenge, the final judgments, regardless of the +issuing courts thereof, in the event that the judgment is based on the violation, +misapplication or misapplication of the law in the following instances: +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 93 + a. The judgments which the law does not permit the litigants to challenge; +b. The judgments in respect of which the litigants have missed the time limit for +challenge, have waived the challenge, or have filed a challenge that is dismissed by +the court as inadmissible. +2. The Attorney General shall file the challenge based on a statement of challenge to be +signed by him, within one year following the date on which the judgment is rendered. +The Court shall hear the challenge in chambers without summoning the litigants, and +such challenge shall be beneficial to all litigants involved. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (177 ) +1. The filing of a challenge by way of cassation shall cause a stay of execution of the judg- +ment if the same establishes divorce or dissolution of marriage or is relating to the own- +ership of real property. +2. Other than the instances referred to in Clause [1] of this Article, the Court may order +temporary stay of execution of the judgment if the Petitioner requests the same under +the statement of challenge, where the execution of the judgment would likely bring +about an irremediable substantial damage. The chief justice of the competent Tribunal shall schedule a hearing for the challenge, and the Petitioner shall serve the Statement of +Challenge upon the Respondent. If the Court decides to order a stay of execution of the +judgment or is convinced that the challenge is based on any grounds other than those set out in Article [175] of this Code, it shall schedule a hearing for examining the chal- +lenge within sixty [60] days in chambers. +3. The Court shall decide on the motion for stay of execution not later than fifteen [15] +business days following its filing date. +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 94 + 4. Where a stay of execution is ordered by the Court, the latter may either order that a bail +be provided or that any necessary actions be taken to safeguard the rights of the Re-spondent. +5. The order for stay of execution of the judgment shall apply to the Execution measures +initiated by the prevailing party based on the contested judgment as of the date of filing +of the motion for stay of execution. +6. If the challenge is dismissed, the Petitioner shall be liable to pay the legal costs. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (178 ) +The time limit for filing a challenge by way of cassation shall be thirty [30] days. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (179 ) +1. The challenge by way of cassation shall be filed based on a statement to be deposited +with the Case Management Office of the court that rendered the judgment, the Federal +Supreme Court or the Court of Cassation – as the case may be – and signed by a lawyer +admitted before the said court. The Petitioner shall also provide a proof of payment of +full fees in addition to the security deposit within three [3] business days following the +date of the notice of assessment of the fees. The challenge shall be recorded in the +relevant register after such a procedure is completed. +2. The Petitioner shall file, at the time of submitting the statement of challenge, as many +copies thereof as the number of Respondents, in addition to another copy for the Case +Management Office. +3. The Petitioner shall, before the challenge is set for adjudication, file the p ower of +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 95 + attorney of the lawyer authorized to handle the challenge on its behalf. +4. The statement of challenge shall, in addition to the data relating to the names, capacities +and address of the litigants, include details of the contested judgment and the date of its +issuance and the date of its service - if duly served – the grounds on which the challenge +is based, and the Petitioner's relief sought. +5. If the challenge fails to satisfy the above -mentioned requirements, it shall be +inadmissible and shall b e dismissed by the Court sua sponte. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (180 ) +The Petitioner may not invoke, before the Court, any ground not included in the statement +of challenge, unless such a ground is relating to the public order. In the latter case, such a +ground may be invoked at any time and shall be relied upon by the Court sua sponte. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (181 ) +1. A fixed fee of AED [2,000] two thousand dirhams shall be imposed on every challenge +by way of cassation, while the ministries and government bodies and authorities and the +like shall be exempt from such a fee. The chief justice of the court or his designee shall +decide on the applications for postponement of or exemption from the fees. The filin g of +the application shall interrupt the time limit prescribed for filing the challenge. +2. The pe titioner for cassation shall deposit with the court treasury, upon payment of the +prescribed fee for the challenge, the amount of AED [3,000] three thousand dirhams as a +security deposit, which is refundable only if the challenge is admitted. If several pe tition- +ers file their challenge based on a single statement, only one security deposit shall be provided. Any party exempt from the legal costs shall also be exempt from the security +deposit. +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 96 + 3. A fixed fee of AED [1,000] one thousand dirhams shall be impos ed on every motion filed +by the Petitioner for stay of execution of the contested judgment, and the entities re- +ferred to in Clause [1] of this Article shall be exempt from such a fee. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (182 ) +1. The Case Management Office of the Court of Cassation shall serve the statement of +challenge upon the Respondent within ten [10] business days following the filing day of the challenge. In addition, the Case Management Office shall request joinder of the file +of the case whose judgment is challenged, within t hree [3] business days following the +filing date of the statement. +2. The Case Management Office of the court that rendered that the judgment shall send the +case file within ten [10] business days following the date of receiving the request for the +file. +3. The Case Management Office of the court that rendered that the judgment shall send the +challenge together with the case file within ten [10] business days following the date of +receiving the challenge. +4. The Court may decide that the official copy of th e judgment furnished by the Petitioner +be legally sufficient in lieu of requesting the case file. +5. The Respondent may file a statement of defense within fifteen [15] days following the +date of being served. +6. The Court may permit the litigants to furnis h new evidence to support their defense, and +may take any necessary action that would help it decide on the challenge. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (183 ) +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 97 + 1. The Respondent may implead into the challenge any party involved in the legal pro- +ceeding in respect of which the contested judgment is rendered and against whom the +challenge is not filed. Such impleader shall take effect by serving the challenge upon +such a party within the time limit set forth in Article [182.3] of this Code. +2. Any party impleaded into the challenge may file with the Case Management Office of +the Court a statement of defense within fifteen [15] days of the date of service, and the petiti oner may respond to such a statement within the time limits defined in Article +[182] of this Code. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (184 ) +Every party, which is involved in the legal proceeding in respect of which the contested +judgment is rendered and has not been served with th e challenge, may intervene in the +challenge to petition for dismissal of the challenge. Such intervention shall take effect by filing a statement of defense with the Case Management Office within fifteen [15] days of +the date of being aware of the challeng e. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (185 ) +1. The Judge Rapporteur shall draw up a summary report on the challenge grounds and the +response thereto, and the Case Management Office shall, once the report is filed, present +the case file to the Chief Justice in order for the latter to schedule a hearing for examining the challenge in chambers. If the Court decides that the challenge is inadmissible on +prescription grounds, due to invalidity of its procedures or for being based on grounds +other than those set out in Article [175] of this Code, or due to the fact that the legal +issue raised by the challenge has already be decided on by the Court under a legal +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 98 + principle and there is no justification to revoke such a decision, the Court shall order that +the challenge be inadmissible under a decision to be recorded in the hearing transcript, with a brief reference to the grounds for such decision. +2. If the Court is convinced that the challenge is worthy of consideration, it shall schedule a +hearing to examine the challenge. At such hearing, the summary report shall be read out +and the court shall adjudicate on the challenge after deliberations and without +pleadings. +3. If the court is convinced that the oral arguments are necessary, it may hear the +statements of the lawyers on behalf of the litigants or the litigants themselves. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (186 ) +If the Court admits the challenge and the subject thereof is worthy of adjudication, or if t he +challenge is filed for the second time, the court shall decide on the challenge, and may +satisfy the necessary procedures. Other than those cases, the Court of Cassation shall +overturn the judgment, in whole or in part, and shall then remand the case to the Court that +rendered the contested judgment, unless the Court of Cassation decides either that the case be heard by a tribunal comprising other judges or that the case be remanded to the +competent court for a new judgment to be rendered. The court, to which the case is +remanded, shall abide by the court of cassation's judgment on the matters decided by the latter. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (187 ) +1. Overturning the judgment shall invalidate all judgments that relied upon the contested +judgment regardless of the courts t hat rendered such judgments. +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 99 + 2. If the judgment is overturned in respect of only a part thereof, the remaining parts there- +of shall continue to be effective, unless such parts are resulting from the part overturned. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (188 ) +Where the Court decides that the challenge be inadmissible, impermissible, or dismissed in +whole or in part, it shall order the petitioner to pay the reasonable costs, in addition to +confiscation of the security deposit, in whole or in part, as the case may be. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (189 ) +The court of cassation's judgments shall not be challenged by any of the means of challenge, +except for the judgments rendered on the origin of the dispute, which may be challenged by +way of motions for reconsideration in the situatio ns defined in Articles [171.1], [171.2] and +[171.3] of this Code. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (190 ) +1. Without prejudice to Article [185.1], and notwithstanding the provision of Article [189] of this Code, the Court may revoke either the decision made thereby in chambers or its +final judgment, either sua sponte or upon motion of the party against which the +judgment or decision is rendered, in any of the following situations: +a. If the decision or judgment is based on a procedural error committed by the Court or +its assisting organs, and the same has affected the result reached by the judgment or +decision of the Court; +b. If the decision or judgment is based on a repealed law, where the application of the +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 100 + correct law would change the course of opinion on the case; or +c. If the decision or judgment is rendered in violation of any of the judicial principles +adopted by the Tribunal or all tribunal of the Court, as the case may be, and without +presentation of the judgment or decision to such tribunals, or where the decision or +judgm ent is issued in violation of the principles established by the Court or issued by +the authority in charge of standardizing the principles between the federal and local +judicial authorities. +2. The motion for revocation shall be submitted by the party against which the underlying +judgment or decision is issued to the Case Management Office of the Federal Supreme +Court or the Court of Cassation, as the case may be, and shall be signed by a lawyer +admitted before the said court and accompanied by a security d eposit of AED [20,000] +twenty thousand dirhams. If the revocation is decided by the court that rendered the +judgment or decision, the chief justice of the court shall refer the underlying judgment or +decision, accompanied by a report by the technical offic e, to the tribunal referred to in +Clause [3] of this Article. +3. The motion for revocation or referral decision described in Clause [2] of this Article shall +be heard by a tribunal composed of five [5] of the court, not including the judges +involved in the rendering of the underlying judgment or decision. Such tribunal shall +issue - in chambers – a reasoned decision based on the majority of four [4] judges on the +motion for revocation, and the security deposit shall be confiscated when the motion is +dismiss ed. If the motion is admitted, it shall be assigned to another tribunal in order for +the latter to hear and decide on the challenge ab initio, while the security deposit shall be +refunded to the moving party. +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 101 + 4. Under all circumstances, the referral or filing of the motion for revocation shall take +place only once, and no referral or motion shall be permitted after the lapse of one year following the date on which the decision is issued in chambers or in respect of the final +judgment. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (191 ) +1. The challenge by way of cassation shall be subject to the rules and procedures that are +applicable to the appeal before the court of appeal, insofar as the same does not go +against the provisions of this Chapter. +2. Judgments rendered by federal courts shall be challenged by way of cassation before the Federal Supreme Court in such instances and according to the procedures and rules +described in this Chapter, unless otherwise explicitly stipulated in the Federal Supreme +Court Law. + +TITLE 2: MISCELLANEOUS PR OCEDURES AND LAWSUITS +Part 1 Offer and Deposit + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (192 ) +If the Debtor wishes to pay off their debt, they may make a real offer to the Creditor of the money, documents, or movables that the Debtor is required to pay off in the Creditor's domicile. +Such offer is made by an application submitted to the Case Management Office or to the +President of the Court of First Instance, as the case may be, and it shall be served on the +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 102 + Creditor by the person making the notification. A report shall be prepared of s uch offer +containing a statement of the offered item, the conditions of the offer, and whether the offer +shall be accepted or rejected. The said offer may be made in the session before the Court +without procedures if the person to whom the offer is made is present. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (193 ) +The Debtor may, along with the offer, request the approval of the Creditor to release the +Debtor's assets from the in -kind guarantee or from any other disposal- restricting +restrictions. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (194 ) +To be deemed valid, the offer shall meet the following requirements: +1. It shall be addressed to a person who is qualified to receive it, or to their representative. +2. It shall be made by a person who is eligible to perform the fulfillment. +3. It shall in clude the amounts and assets due, relevant expenses and expenses. +4. The condition related to the commitment is satisfied. +5. The Debtor submits their offer to the Creditor themselves or at the Creditor's residence. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (195 ) +1. If the offer is money or other items that can be moved or lodged in the Court's Treasury +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 103 + and the person, to whom the offer was submitted, has rejected it, the President of the +Court of First Instance or the session's president, as the case may be, shall give orders to lodge them forthwith in such case. +2. If the offer is rejected and the offered item cannot be deposited in the Court's Treasury, +the session president or the president of the Court of First Instance, based on the request +of the person making t he notification, as the case may be, shall order to deposit it in the +place they specify, if the said item can be moved without difficulty. However, if the said item is intended to remain where it is, or it is not easy to be moved except with difficulty, +they shall order it to be placed under receivership. +3. If the offered item is rapidly perishable or costs exorbitant expenses to be deposited or guarded, the Debtor or the person making the notification may request the President of the Court of First Instance to order it to be sold by public auction, and the price shall be +deposited in the Court's Treasury. However, if its market value is known, or if it is usually +dealt with within the normal transactions, it may be not sold by public auction unless it +is not possible to sell it at the known price. +4. The offerer may request the Court to ascertain the validity of the offer by a decision. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (196 ) +Validity of the offer co uld not be ascertained by a Court decision unless the offered property +and any relevant expenses accrued up to the date of depositing are deposited, and the Court +may, along with its ruling regarding the validity of the offer, discharge the Debtor as of th e +date on which the offer was made. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (197 ) +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 104 + The Debtor may retract an offer the Creditor has not accepted and may be refunded all the +deposits the Debtor made after the lapse of (10) ten days from the date on which the Creditor is notified of the o ffer and the deposit. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (198 ) +Retraction of the offer is not permissible nor returning back the offered property after the Creditor has accepted the same or after the validity of the offer is assured by the court and +such assurance decision becomes final. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (199 ) +The Creditor may accept an offer they have refused earlier, and may receive the deposits +made for this purpose unless the Debtor has already retracted the offer. + +Part 2 Suing Judges and Members of the Public Prosecution +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (200 ) +The Judges of the Courts of First Instance and the Courts of Appeal and the Members of the Public Prosecution may be sued in the following circumstances: +1. If a fraud, a deceit or a flagrant professional mistake has been committed by the Judge concer ned or Member of the Public Prosecution. +2. In the other circumstances in which the law provides for the liability of the Judge concerned and for their obligation to pay damages. + +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 105 + " +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (201 ) +1. The lawsuit shall be filed by means of a report submitted to the Case Management Office +of the Court of Appeal to which the Judge or Member of the Public Prosecution is +affiliated, signed by the claimant or whomever they authorize. The report shall include a +statement of the aspects of the dispute and their evidence. It shall be accompanied with +the supporting documents, and an amount of (1,000) one thousand dirhams shall be +deposited as a security deposit. +2. The lawsuit shall be submitted for admittance to one of the circuit s of the Court of +Appeal, by an order of its president, after a copy of the report has been notified to the +Judge or Member of the Public Prosecution. +3. The lawsuit shall be heard in the Deliberation Chamber in the first hearing to be held after lapse of eight days following the notification. The Case Management Office shall +notify the claimant and the defendant of the session to be held in this regard. If the defendant Judge is a Judge in the Court of Appeal, or if the defendant Member of Public +Prosecuti on is the Attorney General or at least a Public Attorney, then one of the +cassation circuits in the Deliberation Chamber shall decide on the admittance of the +case. If the case is admitted, then the cassation circuit shall refer the case to a special +circu it consisting of (5) of the Judges of the latter in accordance with the order of their +seniority. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (202 ) +The court shall promptly decide whether the aspects of the dispute relate to the case and whether to admit it or reject it, after hearing the claimant or their representative and the +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 106 + defendant Judge or defendant Member of the Public Prosecution, as the case may be, in +person or through an attorney from the judiciary, and after hearing the statements of the Public Prosecution if it has intervened in the case. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (203 ) +1. If the case is admitted, the ruling shall schedule a session to consider the subject of the +case in a public session, and it shall pass a judgment thereon after hearing the claimant, the defendant, and the statements of the Public Prosecution if it has intervened in the +case. +2. The defendant Judge is deemed incompetent to hear the case from the date on which of +the ruling admitting the case is handed down. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (204 ) +1. If the case is not admitted in form or it is dismissed in merits, the claimant's security +deposit shall be confiscated, and, if applicable, they shall be required to pay indemnities. +2. If the claimant wins the case, the defendant Judge or the defendant Member of the +Public Prosecution shall be r equired to bear the indemnities and expenses, and their +disputed disposal shall be nullified. The State shall be responsible for the indemnities the defendant Judge or the defendant Member of the Public Prosecution is required to pay. +Meanwhile, the State shall have the have the right of recourse against them. It shall be +permissible to execute the court decision issued in the dispute action against the State. +3. However, the invalidity of the judgment issued in favour of a litigant other than the +claimant in the lawsuit may not be ruled except after he is notified to give his statement. +In this case, the Court may issue a new judgment on the original lawsuit if it deems it +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 107 + valid for consideration, after hearing the statements of the litigants. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (205) +The judgment issued on the lawsuit may not be appealed except by way of cassation. + +TITLE 3: EXECUTION - Part 1 GENERAL PROVISIONS +Chapter 1 Execution Judge + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (206 ) +1. Execution shall take place under the supervision of the Execution Judge at the seat of +each Court of First Instance, administration, or Court of execution - as the case may be - +in every judicial authority, and they shall be assisted therein by a sufficien t number of +Execution Bailiffs and Execution Officers, or private companies and offices for which a decision is issued by the Minister of Justice or the head of the local judicial authority. +They may, after observing the relevant financial legislation, det ermine the fees due for +the execution works entrusted to private companies and offices. +2. The procedures to be observed before the Court of First Instance shall be observed +before the Execution Judge, unless the law provides otherwise. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (207 ) +1. The Execution Judge shall have exclusive jurisdiction over the execution of Execution +Writs and in determining all interim execution disputes on an expedited basis, and they +shall also have jurisdiction to pass judgments, decisions and orders relating ther eto. +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 108 + 2. Jurisdiction over execution shall be vested in the Execution Judge of the Court which is- +sued the Execution Writ in the State. +3. If the execution relates to a procedure occurring within the jurisdiction of another Court, +they may proceed with the e xecution directly in this Circuit, and they may delegate the +competent Execution Judge in whose area the procedure is to take place to carry out the +procedure. +4. The delegation is done (electronically or on paper) and all the requirements required for +execution shall be sent. +5. In the case of multiple execution files between the same parties and they are being ex-amined before Execution Judges in different Court Circuits they may be combined to be +heard before the Execution Judge before whom the first exec ution file was registered. If +there have been several attachments through Execution Judges in the areas of different +Courts, the Execution Judge who imposed the first attachment shall be the Judge com- +petent to distribute the proceeds of the sales between t he Creditors. +6. If the procedure required to be taken is the making of an order of detention, in accord- +ance with the provisions governing the detention of a Debtor as set out in law, and the +domicile of the Debtor is in the juris diction of a Court other than the Court before which +the Execution Writ is being executed, the competent Execution Judge shall proceed with the detention procedures and they may refer the matter to the Execution Judge in whose area the procedure is require d to be taken in order to conduct an investigation and to is- +sue and execute the appropriate order. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (208 ) +1. Delegation shall be made by the competent Execution Judge to the Execution Judge for +the area where the procedure is required to be taken, and it shall have attached to it all of +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 109 + the legal papers required for the execution thereof. +2. The Execution Judge to whom the delegation is made shall take the decisions necessary +to execute the delegation, and shall rule on procedural objections relating to the +execution raised before them. Complaints or appeals against their decisions shall be +made before the competent Court - as the case may be - in accordance with the +procedures and periods stipulated in Article [209] of this Code. +3. The Execution Judge who has carried out the execution of the delegation shall inform the +Execution Judge of what has happened, and shall transfer to them any items received by +them or other property as a result of the sale of the items attached. +4. If the Execution Judge to whom the matter has been deputed or referred finds that there +are legal reasons precluding the execution or if it is impossible for them to execute for any other reason, they shall inform the competent Execution Judge thereof. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (209 ) +1. Decisi ons of the Execution Judge shall be appealable in the following circumstances: +a. The ranking of priorities between judgment Creditors; or their inclusion in or +exclusion from the distribution list; +b. Postponement of execution judgment for any reason; +c. Allowing the Debtor time to pay or allowing payment by installments of the amount +executed for. +d. Whether the bail is accepted or not; +e. Travel ban or refusal to order it. +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 110 + f. Arrest and habeas corpus order or refusal to order it. +The grievance shall be m ade before the President of the Court or their authorized +representative other than the Judge who issued the decision within (7) seven working +days from the day following the date of issuing the decision if the procedure was issued +in the presence of the p erson concerned, and from the date of being served the decision +if the procedure was issued in the absence of the person concerned. This shall be done +by filing an application that shall be kept in the same execution file. The Judge before +whom the procedu re is contested may annul or amend the contested decision as they +deem appropriate without the need to summon the litigants, unless they deem it necessary. The decision issued on the grievance shall be final and not subject to appeal. +2. The decision of th e Execution Judge may be appealed directly before the competent +Court of Appeal within (10) ten working days from the date of issuing the decision if it +was issued in the presence of the opposing party, and from the day of its service upon him or the day he became aware of it if it was issued inabsentia in any of the following +cases: +a. Whether the Execution Judge is competent or incompetent to execute the Execution +Writ. +b. Whether the assets to be attached may or may not be attached or sold; +c. The partic ipation of persons other than the parties in the attachment; +d. Whether the Debtor is imprisoned or their imprisonment is refused, provided that in the latter case the appellant presents a guarantor who is responsible for bringing the +person against whom the execution was made or fulfills the amount adjudged. In the event that they are unable to bring them, and the guarantor fails to bring their +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 111 + guaranteed person, the Court shall oblige them to pay the value of the bail which will +be collected from them in the manner in which judgments are executed. +e. The decision issu ed regarding the determination of the amount in question and +whether the execution is to be continued or not. +3. The competent Court of Appeal may consider the appeal held in the Deliberation +Chamber, and it may, in the cases referred to in Clause (2) of t his Article, order the tem- +porary suspension of the procedure under appeal until the dispute is decided, unless it, +by its nature, affects its full implementation, it may order in this case the execution is +suspended in its entirety. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (210 ) +The President of the Federal Judicial Council and the heads of the local judicial authorities, +each according to their competence, shall issue regulatory decisions regarding the +registration of execution applications and the establishment of its files. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (211 ) +1. With the exception of real property ownership claims, the Execution Judge is exclusively +competent to execute the Execution Writ and to decide on all substantive and temporary +execution disputes in an urgent manner. They are also competent to issue judgments, +decisions and orders related thereto. +2. Jurisdiction over execution shall be vested in the Execution Judge in the jurisdiction of +the Cou rt in which the judgment, decision or order was made or in the jurisdiction of +which the Execution Writ has been notarized or certified, or in the jurisdiction of the Court in which the judgment Debtor or their assets are located. +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 112 + 3. If the execution relat es to a procedure occurring within the jurisdiction of another Court, +they may conduct the execution in such Circuit. They also may delegate the competent +Execution Judge in whose jurisdiction the procedure is to take place to carry out the +procedure. +4. The delegation is done (electronic or paper) and all the requirements required for +execution shall be sent. +5. In the case of multiple execution files between the same parties and they are being +examined before Execution Judges in different Court Circuits t hey may be combined to +be heard before the Execution Judge before whom the first execution file was registered. If there have been several attachments through Execution Judges in the jurisdictions of +different Courts, the Execution Judge who imposed the first attachment shall be the Judge competent to distribute the proceeds of the sales between the Creditors. +6. If the procedure required to be taken is the making of an order of detention, in +accordance with the provisions governing the detention of a Debto r as set out in law, +and the domicile of the Debtor is in the jurisdiction of a Court other than the Court +before which the Execution Writ is being executed, the competent Execution Judge shall +conduct the detention procedures or refer the matter to the Ex ecution Judge in whose +jurisdiction the procedure is required to taken in order to conduct an investigation and +to issue and execute the appropriate order. + +Chapter 2 Execution Writs +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (212 ) +1. Compulsory execution may not be performed save by an Ex ecution Writ giving effect to +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 113 + a right having established existence and of ascertained amount and forthwith due. +2. Execution Writs are as follows: +a. Judgments and orders, including penal provisions, including restitution, +compensation, fines, and other civil rights. +b. Documents notarized in accordance with the law regulating notarization and +certification; +c. Memoranda of Composition certified by Cour ts; d. Other papers on which the law +confers such status. +3. No execution may be effected save in the cases excepted by a provision of the law otherwise than under a copy of the Execution Writ bearing the following endorsement +for execution: 'The competent authorities and bodies shall proceed to execute this writ +and to carry out the requirements thereof, and they shall give assistance in the execution +thereof even by force if so requested'. +4. In the event that the execution applicant does not submit a req uest to take action on the +file for a period exceeding one year after the last procedure, the Execution Judge may +order the temporary closure of the file. +5. Execution Writs may not be enforced if they have been left for a period of (15) fifteen years sinc e the date of the last execution operation or if they have been left without +execution for such period since the date of issue thereof. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (213 ) +The Court may in expedited matters or in cases in which delay would be detrimental make +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 114 + an order, upon t he application of the person concerned, to enforce the judgment without +service and without endorsement of the execution wording thereon. + +Chapter 3 Expedited Enforcement +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (214 ) +1. It shall not be permissible to execute a judgment compulsorily so long as it remains open +to bring an appeal against it unless expedited effect is provided therefor in the law, or by +the judgment. +2. Pursuant to preliminary provisions that may be challenged by appeal or that are not +subject to expedited enforcement, precautionary measures may be taken in their regard. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (215 ) +1. There shall be expedited enforcement by operation of law in the following case s: +a. Judgments passed in expedited matters, whichever Court has passed them; +b. Judgments issued in personal status cases regarding maintenance, wages and related +expenses and their increase or decrease. +c. Judgments issued to hand over a child, see them, visit them, or escort them. +d. Orders made on petitions. +2. Expedited enforcement shall take place without a surety unless the judgment or order +provides that a surety should be provided. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (216 ) +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 115 + The Court may, upon the application of the person concerned, endorse its judgment for +expedited enforcement with or without a surety in the following cases: +1. Judgments passed in commercial matters; +2. If the judgment Debtor has admitted that the obligation has arisen, notwithstanding that +they may dispute the scope of it or allege that it has expired; +3. If the judgment has been passed by way of enforcement of an earlier judgment that had +attained the s tatus of res judicata or that itself was endorsed for expedited enforcement +without a surety or if it is based on an official document that has not been challenged for +falsification or a customary document that has not been refuted if the judgment Debtor +was a party to the earlier judgment or a party to the document; +4. If the judgment is passed in favour of the applicant for execution in a dispute connected therewith; +5. If the judgment is passed for payment of wages or salaries or remuneration arising out of +an employment relationship; +6. If the judgment is passed in an action for possession or vacation of leased property in +respect of which the contract has expired or has been cancelled, or for the eviction of a person occupying property who has no legal ground to do so if the right of the claimant +is not refuted or if it is proved by an official document; +7. In any other case, where a delay in execution would cause grave detriment to the inter- +ests of the judgment Creditor, provided that such fact is sufficiently stated in the judg-ment. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (217 ) +1. Expedited enforcement by operation of law or by judgment of the Court shall extend al-so to matters ancillary to the original application and to the costs of the action. +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 116 + 2. It shall not be permissible to ag ree, prior to the passing of a judgment, that it be endorsed +for expedited enforcement save in the circumstances specified for that purpose. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (218 ) +In cases in which it is not permissible to enforce a judgment or order save by a surety, the +person obliged to provide it may elect between providing a solvent guarantor or depositing +with the Court's Treasury sufficient cash or financial papers, or agreeing to the deposit of the +proceeds of the execution with the Court's Treasury or the handover of the thing ordered to +be handed over in the judgment or order to a trustworthy custodian. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (219 ) +1. The person obligated to provide a surety shall declare their election either by the Execu- +tion Bailiff by an separate document, or by including it in the service of the Execution +Writ. +2. In all cases, the election shall name an elected domicile in the State for the applicant for +execution if they do no t have a domicile or place of work therein, for them to be served +with papers relating to a dispute in the suretyship. +3. Any person concerned may, within (3) three days from declaring the election, raise a grievance before the Execution Judge disputing th e guarantor's solvency or the trust- +worthiness of the custodian or the sufficiency of the property deposited, and a judgment +passed regarding the grievance shall be final. +4. If no grievance is brought within that time limit or if it is brought and rejected , the Execu- +tion Judge shall take an undertaking from the surety as to their guarantee or from the +custodian accepting the custodianship. The record shall include the undertaking of the +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 117 + surety or the custodian in the form of an Execution Writ accepting the obligations arising +out of the undertaking of the surety or the acceptance by the custodian. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (220 ) +1. A grievance may be brought before the Court of Appeal against the description of the +judgment by the usual procedures for bringing appeals. The Court of Appeal shall con- +sider it while convening in a Deliberation Chamber. +2. It shall be permissible to raise the grievance referred to in Clause (1) of this Article at the +hearing, even after the expiration of the time limits for appealing, during the hearing of +the appeal brought against the judgment. +3. A judgment shall be passed on the grievance independently of the merits. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (221 ) +1. It shall be permissible in all cases for the Court before which the appeal or grievance is brought to make an order upon the application of the person concerned staying the ex- +ecution if it is feared that substantial harm will arise from the execution. +2. The Court may, when ordering a stay of execution, order that a surety be provided or +make such order as it dee ms to ensure the preservation of the right for which judgment +was passed. + +Chapter 4 Execution of Foreign Judgments, Orders and Instruments +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (222 ) +1. An order may be made for the enforcement in the State of judgments and orders made in +a foreign country on the same conditions laid down in the law of that country for the +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 118 + execution of judgments and orders issued in the State. +2. An order for execut ion shall be applied for by means of a petition submitted by the +concerned party including the data specified in Article [44] of this Code to the Execution +Judge. The Judge shall issue their order within (5) five working days from the date of its +submissio n, and the order shall be subject to appeal by direct appeal in accordance with +the rules and procedures prescribed for appealing judgments. An execution order may +not be made until after the following matters have been verified: +a. The Courts of the State have no jurisdiction to try the dispute in which the order or +judgment was made, and that the foreign Courts which issued it have jurisdiction +thereover in accordance with the rules governing international judicial jurisdiction +laid down in their law; +b. The judgment or order was issued by a Court having jurisdiction in accordance with +the law of the country in which it was issued and duly endorsed; +c. The parties to the action in which the foreign judgment was issued were summoned to attend, and were duly represented; +d. The judgment or order has acquired the force of res judicata in accordance with the law of the Court that issued it, provided that the applicant submits a certificate that +the judgment has acquired the force of a final order or the same was stipulated in the +judgment itself; +e. It does not conflict with a judgment or order already made by a Court in the State, and contains nothing that conflicts with morals or public order in the State. +3. The Execution Judge shall have the right to collect the documents supporting the request +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 119 + before issuing their decision. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (223 ) +The provisions of Article [222] of this Code shall apply to the awards of arbitrators made in a +foreign country; the award of the arbitrators must have been made on an issue which is +arbitrable under the law of the State, and enforceable in the country in which it was issued. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (224 ) +1. An order may be made for the enforcement in the State of notarized documents and +Memoranda of Composition certified by the Courts of a foreign country on the same conditions laid down in the laws of that country for the enforcement of similar instru- +ments issued in the State. +2. An application for an enforcement order in Clause (1) of this Article shall be requested +by means of a petition submitted to the Execution Judge with the same procedures and +conditions stipulated in Clause (2) of Article [222] of this Code. No order for en force- +ment may be made until after it has been ascertained that the conditions for the en- +forceability of the document or memorandum have been satisfied in accordance with +the law of the country in which it was notarized or certified, and that it contains no thing +contrary to morals or public order in the State. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (225 ) +The rules laid down in the Articles of this Chapter shall apply without prejudice to the +provisions of conventions and agreements between the State and other countries regarding +the execution of foreign judgments, orders and instruments. + +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 120 + Chapter 5 Executing Execution Writs and Decisions Related to Personal +Status Matters +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (226 ) +As an exception to the provisions of Article [207] of this Code, personal status provisions +and decisions are executed under the supervision of a competent Judge who is delegated to +the headquarters of each Court. They shall be assisted in this by a suffic ient number of those +in charge of execution and social workers. The execution provisions and procedures +stipulated in this Code shall apply to matters not covered by the Articles of this Chapter. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (227 ) +The Personal Status Execution Judge is solely responsible for executing Execution Writs and decisions related to personal status provisions, adjudicating all disputes and procedural +objections of execution and issuing travel ban orders, provided that the customs, traditions, +and norms prevailing in the State are taken into account when executing. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (228 ) +The personal status Execution Judge, when necessary, may seek the assistance of whomever they deem to be experienced and specialized in personal status matters. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (229 ) +The personal s tatus Execution Judge may offer reconciliation to the execution parties. The +personal status Execution Judge may also certify the Memoranda of Composition that take place between the parties regarding the method of executing the Execution Writ, even if that +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 121 + reconciliation contradicts the Execution Writ or the decision executed according to it, +provided that it does not prejudice the interest of the fostered children. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (230 ) +Execution sessions in matters of personal statu s are not public, and execution decisions are +issued without the need to hold a session for that, unless the personal status Execution Judge decides otherwise. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (231 ) +Execution of Execution Writs and decisions related to personal status matters takes place +after (7) seven days from the date of serving the Writ. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (232 ) +1. Judgments issued by the personal status Execution Judge in substantive execution dis- +putes are subject to appeal within ( 15) fifteen days from the date of their issuance. +2. If the execution applicant or the person against whom the execution was made has other +execution files related to personal status issues between them which they have execu- +tion in the departments of other Courts, they may be joined for consideration before the +Execution Judge before whom the first execution file was registered, unless the two par- +ties agree otherwise. + +Chapter 6 Execution Procedures +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (233 ) +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 122 + 1. The execution applicant shall indicate the procedures required to be taken in the Execu- +tion Claim Statement when registering the same electronically or on paper. +2. Execution shall be preceded by the service of the Execution Writ in accordance with the +procedures for s ervice laid down in this Code. +3. The service document shall contain the particulars of the requests and shall require the +Debtor to satisfy them within (7) seven days from the date of service on them and shall nominate an elected domicile of the applicant for execution within the jurisdiction of the +Court where the execution is being carried out if their original domicile or place of busi- +ness or their elected domicile is not in such place. +4. If the Execution Writ has been issued on t he basis of a contract to open a credit, service +thereof shall be accompanied by an abstract of the account of the Debtor based on the +commercial books of the Creditor. +5. In the event of execution of the vacation of real property or of the handover of mov able +or real property, the service of the Execution Writ shall sufficiently identify such proper-ty. +6. If the Execution Writ specifies a date for vacation or handover, the served process shall include such date. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (234 ) +1. As an exception to the pr ovisions of Article [233] of this Code, and without prejudice to +the rules of Prejudgment attachment of movable and immovable property and the gar- +nishment and what is stipulated in any other legislation, the Execution Judge may order the Prejudgment attach ment of the Debtor's assets in accordance with the rules and +procedures established in this Code before serving the Executive Writ upon the Debtor if they find an indication that the Debtor seeks to smuggle their assets, based on their +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 123 + credit information r eport, or on what can be deduced from actual events, or the Credi- +tor's loss of the general guarantee. +2. The Execution Judge may order an enquiry about the Debtor's assets before serving +them with the Execution Writ. +3. The Execution Judge may prevent the person against whom the execution was made +from travelling before they are served the Execution Writ if the Execution Judge finds +evidence that the Debtor is seeking to leave the State. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (235 ) +1. Upon service of the Execution Writ or at any stage during the procedures, if the Debtor +tenders to the Execution Bailiff a settlement by paying off their debts using all or part of the price of the asset in question or handing the asset itself over, then the Execution Bail- +iff shall note that fact in the re cord and shall instruct the Debtor to deposit the sum of- +fered with the Court's Treasury in favour of the applicant for execution. Such deposit or +handover shall take place on the same day or no later than the following day. +2. If the amount offered is part of the debt, the Execution Bailiff shall proceed to execute for +the balance. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (236 ) +The Execution Bailiff shall not break doors or make openings by force in order to carry out +the execution save by the leave of the Execution Judge, and that shall be done in the +presence of a policeman, whose presence shall be indicated in the record of execution, +failing which the execution shall be void. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (237 ) +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 124 + 1. If the Debtor dies or l oses their legal competence or if the person carrying out the pro- +cedures loses their capacity to act on their behalf prior to the commencement of the ex- +ecution or prior to completion thereof, then the execution may not be carried out or con- +tinued against t heir heirs whose names and capacities are indicated in the Decree of Dis- +tribution or similar document save upon the expiration of (7) seven days from the date +of their being served with the Execution Writ. +2. If the Debtor dies or loses their legal competence or if the capacity of the person carrying +out the procedures on their behalf ceases after commencement of the execution, the ex-ecution procedures shall be stayed as shall all current time limits running ag ainst them +until they are reactivated by one of the parties to the execution. +3. Prior to the expiration of (3) three months from the date of death, it shall be permissible for the service referred to in Clauses (1) and (2) of this Article to be effected o n the heirs +collectively at the last domicile at which the deceased was resident, without stating their names or capacities. If the service takes place after the expiry of such period, they shall +be served in their names and capacities. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (238 ) +A third party may carry out the matters required under an Execution Writ or compel +performance thereof only after a notice is served upon the Debtor of the intention to make +such execution no later than (7) seven days prior to the occurrence thereof. + +Chapte r 7 Procedural Objections to Execution +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (239 ) +1. If a procedural objection arises upon execution and the matter required to be done is an +interim procedure, the Execution Bailiff or the person against whom the execution was +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 125 + made or concerned party s hall refer the matter to the Execution Judge who will decide to +stay the execution or proceed with it. +2. In all cases, the Execution Bailiff may not complete the execution before the Judge has +made their ruling. A grievance against this decision is made in accordance with Clause +(1) of Article [209] of this Code. +3. If the Execution Judge finds that the submitted procedural objection is considered a sub- +stantive execution dispute, the person submitting it shall be authorized to register it +within a period o f (7) seven working days from the date of the declaration, and execu- +tion continues unless a decision is issued in the dispute to stay execution. +4. If the Execution Judge finds that the procedural objection is raised in a claim relating to +real property by the normal procedures for bringing a claim before the competent Court, +the raising of such objection shall result in a stay of execution unless the Court orders +otherwise. +5. Submission of any subsequent procedural objection, or after raising any substant ive ex- +ecution dispute, shall not result in a stay of execution, unless the Execution Judge de- +cides otherwise, or the law decides that execution should be stayed. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (240 ) +True tender shall not result in a stay of execution if the tender is subject to dispute, and the +Execution Judge may order a provisional stay of execution accompanied by a deposit of the +thing offered or a greater sum than it as they may specify. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (241 ) +Upon registering a temporary execution dispute, the complainant shall deposit a security of (5,000) five thousand dirhams, which shall be refunded if the procedural objection is +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 126 + accepted and confiscated by force of law in the event of its los s, with the exception of +personal status cases. In all cases, the dispute is not accepted if it is not accompanied by +evidence of the security deposit. + +Part 2 ATTACHMENTS +Chapter 1 General Provisions + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (242 ) +Without prejudice to the provisions of any other law, the following items may not be +attached: +1. Public property owned by the State or any of the emirates and endowment assets. +2. The house used as a residence by a Debtor or judgment Debtor and those of their +relatives living with them who would be dependent upon the Debtor at law in the +event of their death unless the house or common share in it is mortgaged and the debt arises from its price, in which case it is permissible to attach it to pay off the +debt. +3. The clothes necessary fo r the Debtor, and the household furniture and kitchen uten- +sils necessary for them and their family, and sufficient food and fuel for them for a period of (6) six months. +4. Any land or necessary agricultural equipment owned by a farmer or hunter/fisherman to the extent sufficient to sustain them and their dependents. +5. Property gifted or bequeathed so that it or the yield of it shall stand as maintenance +or a regular income, either temporarily or for life, and any amounts ordered by the Judge which are amo unts laid down or arranged temporarily by way of maintenance +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 127 + or to be disposed of for a particular purpose, all of the above with the exception of +one quarter by way of settlement of a prescribed maintenance debt. +6. Property gifted or bequeathed on condition that it may not be attached, if the Judg- +ment Creditor is one of the Creditors of the donee or the legatee whose debt arose before the gift or the bequest, with the exception of a debt for prescribed mainte- +nance, u p to the limit of one quarter. +7. Books, equipment and requisites for the carrying on of their profession or vocation +by themselves, unless the attachment is for payment of the price thereof or expenses +for the maintenance thereof or prescribed maintenance . +8. Movable property regarded as real property by affixation if the attachment thereover +is independent of the real property to the service of which the movables have been +appropriated, unless the attachment is for satisfaction of the price thereof or cos ts of +maintaining the same. +9. Salaries and wages with the Debtor's employers, even if they are transferred to a bank account, save to the extent of one quarter of the wage or gross salary. In the +event of overlapping claims priority shall be given to a maintenance debt. +10. Assets of foreign embassies and diplomatic bodies that enjoy diplomatic immunity, +on condition of reciprocity. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (243) +If the attachment is not completed in one day, it shall be permissible to complete it on the +next consecutively following day or days, and the Execution Bailiff shall take such steps as are necessary to preserve the items attached and required to be attached until the report is +completed, and the report shall be signed whenever the attachment procedures are +suspe nded. +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 128 + Nevertheless, if the circumstances so require, the Execution Bailiff shall continue with the +attachment procedures after the time limits laid down in Article [7] of this Code or on official holidays and they may complete them without the need to obtain the leave of the Execution +Judge. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (244) +It shall be permissible at any stage of the proceedings prior to the award of an auction to deposit a sum of money with the Court's Treasury equal to the debts and expenses for which +the attachment is be ing made. Such deposit shall result in the attachment being lifted over +the property being attached, and its being transferred to the amount deposited. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (245 ) +The Judgment Debtor may apply to the Execution Judge at any stage of the proceedings to +assess the amount or such things as may stand in its stead to be deposited with the Court's +Treasury for payment to the Judgment Creditor. Such deposit shall result in the attachment being lifted from the assets attached, and its being transferred to the property deposited. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (246 ) +An attachment shall be imposed within the limits of the debt claimed, and if the value of the right in respect of which the attachment has been made is not proportionate to the value of +the property attached, the Debtor may apply to the Execution Judge as the case may be to +restrict the attachment to part of their attachable property. + +Chapter 2 Prejudgment Attachment +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 129 + " +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (247 ) +Without prejudice to the provisions of any other law, the Creditor may apply to the Court +hearing the action or to the Judge for expedited matters, as the case may be, for the +imposition of a Prejudgment Attachment over the real property and movable property of +their oppon ent in the following circumstances: +1. Any circumstance in which it is feared that they may lose the security for their right, +such as the following circumstances: +a. If the Debtor has no permanent residence in the State; +b. If the Creditor, based on serious evidence, fears that their Obligor may abscond, +or remove or conceal their assets; +c. If the securities for the debt are threatened with loss. +2. A lessor of real property may, in relation to a sub -tenant, attach the movab le +property, yield and produce present on the real property leased, by way of security for the priority right vested in them by law, and they may likewise do so if the +movable property, yield and produce have been removed without their knowledge, +unless th irty days have elapsed since the removal thereof or there remain on the real +property leased sufficient assets to secure the priority right vested in them. +3. If the Creditor holds an official or ordinary document showing the debt due to them, +not being su bject to a condition or if they have a judgment that is not enforceable +provided that the debt in question has a specific amount. +4. For the worker when it is not possible to settle their entitlements as determined by +the law regulating the relationship be tween them, in order to guarantee the +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 130 + fulfillment of their entitlements after being temporarily assessed by the competent +administrative authority. +5. In any event, the Court may, before granting the application for attachment, request +any details or evide nce or statements under oath, conduct a brief investigation, or +order the necessary investigations to be made with the assistance of the competent +administrative authorities if it so deems necessary. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (248 ) +The owner of movable property and a person having a right in rem against it or a right to retain it may apply for a Prejudgment Attachment thereover in the hands of the person in +whose possession it is, by virtue of a petition that includes a full statemen t of the movable +that is required to be attached. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (249 ) +1. If the Creditor does not have an Execution Writ or if their debt is not of a determined +amount, the Judge for expedited matters may order an attachment, and provisionally +determine the de bt owing to the Judgment Creditor, on the basis of a petition +accompanied by reasons submitted by the applicant for attachment, and the Judge may, before issuing the order, conduct a brief investigation if the documents accompanying +the application are not sufficient. +2. In case of attaching a real property the petition shall be submitted with an official copy of +the deed of ownership of the property to be attached. +3. If the claim in respect of the right has previously been brought before the competent Cou rt, an attachment order referred to in Clause (1) of this Article may be applied for +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 131 + before the Court considering the action . + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (250 ) +1. The rules and procedures laid down in Articles [264] to [282] of this Code shall apply in +the Prejudgment attac hment of movable property, with the exception of those related to +the fixing of the date for sale, unless such property is perishable, and regard shall be had +to Clause (2) of Article [273] of this Code. In the case of a Prejudgment Attachment over +real pr operty, the rules and procedures provided for in Articles [285] to [305] of this +Code shall apply with the exception of those related to the submission of the Execution Writ and the procedures for sale by auction. +2. The Judgment Creditor shall, within (8) eight days at the most from the date of issuance +of the attachment decision, bring a claim before the competent Court for the +confirmation of their right, in cases in which the attachment was by order of the Judge for expedited matters, failing which the attachment shall be void ab initio. The +attachment shall also be deemed null and void if the execution of the final judgment +issued in their favour does not start within (30) thirty days from the date of its becoming +final. +3. The person whose reque st is rejected, and the Judgment Debtor and the concerned +parties may appeal against the attachment order before the Judge of summary matters or +before the competent Court - as the case may be - whether the grievance is related to the +subject of the attach ment or its timing. In all cases, the attachment expires if a final +judgment is issued rejecting the claim of establishing the right. +4. If a ruling is issued rejecting the grievance and it is due to be executed or has become so, +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 132 + the procedures prescribed for sale in Articles [264] to [282] and [285] to [305] of this +Code shall be followed, as the case may be, or execution shall be carried out by handing over the movable in the case referred to in Article [248] of this Code. +5. The attachment procedures tak en under an enforceable judgment or decision shall +remain valid unless the judgment or decision issued to cancel them has become final. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (251 ) +1. If a lessor of real property effects an attachment over the movable property of sub-tenants in accord ance with Clause (2) of Article [247] of this Code, the proceedings +shall be directed towards both the head tenant and the sub -tenant. +2. Service of the attachment document on a sub -tenant shall be deemed also to be an +attachment of the rent in their hands. +3. If the head tenant is not prohibited from subletting, a sub -tenant may apply for the lifting +of the attachment over their movable pro perty, with the attachment over the rent in their +hands remaining. + +Chapter 3 Garnishment +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (252 ) +1. Any Creditor may apply to the competent Court or to the Judge for expedited matters for +a garnishment over mov able property of or debts owing to their Debtor in the hands of +third parties, even if they are deferred, or subject to a condition, or disputed. +2. If the garnishment is not imposed over specific movable property or a specific debt, it +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 133 + shall cover all of the movable property of the Debtor in the hands of the Garnishee, and +the debts owed by them, until the items in their possession is reported. +3. A Garnishment shall cover movable property of the Debtor in the possession of their +representative at law. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (253 ) +A garnishment shall be made, without the requirement for a prior notice to be served on the +Debtor, by an order signed by the Judge, and it shall be served on the Garnishee by an +Execution Bailiff, and shall contain the following particulars: +1. A statement of the principal amount for which the Garnishment is imposed, plus +costs; +2. An accurate and detailed description of the garnished property to avoid any doubt if +the garnishment is levied over specific property, and an order to the Garnishee not to +return or hand over the property in his possession to the Judgment Debtor; +3. The number of the action or of the application for garnishment, the name of the Gar-nishor, and their residence or place of work in the State. If they do not have a resi-dence or place of work in the State they shall specify an elected domicile within the +area of jurisdiction of the Court in which execution is being effected; and +4. An order to the Garnishee to report to the Court that issued the garnishment order, +within se ven days of service of the garnishment order on them, the items in his pos- +session. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (254 ) +If the order does not contain the particulars specified in Clauses (1) and (2) of Article [253] +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 134 + of this Code, the garnishment shall be void. Any stakeholder may rely on such voidness . + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (255 ) +1. Payment by the Garnishee shall be made by depositing the assets held by them with the +Court's Treasury. If the subject matter of the garnishment is movable assets that cannot be deposited with the Court's Treas ury they may be delivered to a custodian appointed +by the body that issued the garnishment order, upon application made to it by the Gar- +nishee or the Judgment Debtor. +2. The deposit shall be accompanied by a statement signed by the Garnishee, of the gar- +nished items in their hands, the dates on which such garnishments were served on them, +the names of the Garnishors and the Judgment Debtors, their descriptions and address-es, the writs under which the garnishments were made, and the amounts in lieu of which +such garnishments have been imposed. +3. The body that ordered the garnishment shall notify the Garnishor and the Judgment +Debtor forthwith of the fact of the deposit or the placing of the movable assets in the +hands of a custodian. +4. The fact of the deposit or the placing of the movable assets under custodianship shall +render unnecessary the making of a report on the assets held if the amount or the mova- +ble property is sufficient to satisfy the debt owed to the Garnishor. +5. If a new g arnishment is imposed on the amount deposited or the movable property +placed under custodianship whereby either of them becomes insufficient, any Garnishor +may require the Garnishee to report on assets held by them within (7) seven days from +the date of su ch requirement. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (256 ) +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 135 + 1. If no deposit is made in accordance with Article [255] or Articles [244] and [245] of this +Code, the Garnishee shall, within (7) seven days from service of the notice of garnish- +ment on them, report on the property held to the body that ordered the garnishment, +and the report shall state the amount of the debt and the cause or causes, if any, by +which it may expire. If the Garnishee has movable assets in their possession they shall +attach a detailed statement thereof to their report. +2. If the property garn ished is in the hands of the government or a public establishment or +body or a bank, the report on the property held shall be by letter sent by the Garnishee +entity to the body that ordered the garnishment within the aforesaid period, and shall +contain the same particulars as [are required to be set out in] the report. +3. The fact that the Garnishee is not indebted to the Debtor shall not absolve the Garnishee +of the duty to make the report on the assets held, in which case the report may be made by a state ment to the body that ordered the garnishment, and likewise professional priv- +ilege shall not absolve them of the duty to report on assets held. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (257 ) +If the Garnishee dies or loses their legal competence or if they or the person representing +them ceases to have capacity, the Garnishor may serve on the heirs of the Garnishee or their +representatives a copy of the notice of garnishment and may require them to report within (7) seven says of such requirement on the assets held. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (258 ) +The dispute regarding the report of the Garnishee shall be raised before the Court that hears +the garnishment action at any stage of the litigation. +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 136 + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (259 ) +1. If the Garnishee does not report on assets held by them in the manner laid down by law +or if they submit an insufficient or inaccurate report, or if they conceal documents that +they are required to submit in confirmation of the report, judgment may be passed against them in favour of a Creditor who has obtained an Execution Writ for their deb t in +the amount for which the garnishment as made, by a claim brought by the normal pro- +cedures. Their claim shall not be accepted after the lapse of (3) three years from the date +of issuance of the decision to report what they owe. +2. The execution of a ju dgment issued against a Garnishee shall be deemed to be satisfac- +tion of the right of the Garnishor against the Debtor. This shall not prejudice the right of +the Garnishee to recourse against the Debtor for the amount they have paid to the Gar- +nishor. +3. The judgment shall not be passed if the Garnishee remedies the cause for which the ac- +tion was brought prior to the close of pleadings including before the Court of Appeal. +4. In any event the Garnishee shall be ordered to pay the costs of the action and compe nsa- +tion as a result of his negligence or delay. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (260 ) +If the right of the Garnishor is established by an Execution Writ, soon after the report on +assets held is made, the Garnishor may apply to the Execution Judge to make an order +against the Gar nishee to pay to the Garnishor the amount which they have admitted or such +part thereof as shall satisfy the right of the Garnishor, provided that the procedures provided +for in Article [238] of this Code are followed. +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 137 + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (261 ) +If satisfaction is not made in accordance with Article [260], and if no deposit is made in +accordance with Articles [244], [245] and [255] of this Code, the Garnishor may levy +execution against the assets of the Garnishee under an Execution Writ to which is garnished +an official copy of the report of the Garnishee, subject to the provisions of Article [233] of +this Code. +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (262 ) +If the garnishment is levied on movable property sold under the procedures laid down for +the sale of movable property garnis hed in the hands of a Debtor . + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (263 ) +A Creditor may impose a garnishment under their own hand over assets held by them in favour of their Obligor; this shall be by order of the competent Judge and notice thereof shall +be served on the Debtor, sett ing out the particulars required in a notice of garnishment. +If the Creditor is not in possession of an Execution Writ or a judgment the procedures and periods stipulated in Clauses (2, 3, 4, 5) of Article [250] of this Code shall be followed. + +Chapter 4 Attachment of movable property in the hands of a Debtor +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (264 ) +1. Subject to the provisions of Article [236] of this Code, the attachment shall be made by +an electronic or paper minute, as the case may be, made out at the place where it is im- +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 138 + posed. I t shall, in addition to the particulars required to be set out in notices of attach- +ment, contain the following: +a. Mention of the Execution Writ; +b. Mention of the domicile or place of work of the Judgment Creditor in the State, and if +they do not h ave a domicile or place of work in the State they shall specify an elective +domicile in the area of the jurisdiction of the Court in which the execution is to take +place; +c. The place of the attachment, the steps taken by the Execution Bailiff, and any obs ta- +cles or objections that they have encountered during the attachment, and the steps +taken by them in that regard; +d. A detailed list of the items attached stating their type, description, number, weight or +measurement, and a statement of the approximate v alue thereof. +2. The Execution Bailiff and the Debtor, if present, shall sign the minutes of attachment. In +the event that they refuse to sign, the Execution Bailiff shall state that fact in the minutes of attachment. The mere fact that the Debtor voluntar ily signs shall not be deemed to be +acceptance of the judgment on their part. +3. An attachment shall not require that the items attached be taken away from their loca- +tion unless the Execution Judge so orders. +4. The items shall become attached items by vir tue of their being mentioned in the minutes +of attachment, even if no custodian is appointed over them. A photo of the attached ob- +jects by the Execution Bailiff is considered complementary to the minutes of attachment. +5. If the attachment takes place in t he presence of the Debtor or at their domicile or place +of work, a copy of the minutes of attachment shall be delivered to them or to a person +taking delivery of it on their behalf. If, however, the attachment takes place in their ab- +sence and otherwise tha n at their domicile or place of work, the minutes of attachment +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 139 + shall be served upon them in the manner indicated in Article [10] of this Code within no +more than the (7) seven days following the attachment. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (265 ) +1. If the attachment is levied o ver gold and silver jewelry or gold or gold ingots or another +precious metal or jewelry or precious stones, they shall be weighed, and accurately de- +scribed in the minutes of attachment. They shall be valued by an expert appointed by the +Execution Judge or upon the request of the applicant for execution. +2. Upon the request of the Judgment Creditor or the Judgment Debtor, items of art and +other precious things may be valued in the same manner. In all cases the valuation of the +expert shall accompany the minu tes of attachment. +3. If the circumstances require that in order to be weighed or valued such items have to be +transported to another place, they shall be placed in a sealed receptacle and that fact +shall be stated in the minutes of attachment, with a desc ription of the seals, and they +shall be deposited in the Court's Treasury. +4. If the attachment is levied over cash or currency notes, the Execution Bailiff shall state the description and amount thereof in the minutes of attachment and shall deposit them +with the Court's Treasury. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (266 ) +1. The Execution Bailiff shall appoint a custodian over the items attached. They shall ap- +point the custodian if the Judgment Creditor or the Judgment Debtor do not propose a solvent person. The Judgment Debtor shall be appointed if they so request, unless it is feared that they will dissipate the assets, such fear being based upon reasonable causes, which shall be stated in the minutes of attachment, in which case the view of the Judg- +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 140 + ment Debtor as to those causes shall be stated and the matter shall be brought forthwith +before the Execution Judge in order for them to make a decision in that regard. +2. If the Execution Bailiff does not find at the place of attachment any person willing to act +as custodian and the De btor is present, they shall be charged with the custody, and no +regard shall be had to their rejection thereof. If, however, they are not present, they shall +take all possible steps to preserve the items attached and shall forthwith raise the matter +before the Execution Judge for an order either that the items attached be removed and +deposited with a trustworthy person who agrees to be the custodian, chosen by the Judgment Creditor or the Execution Bailiff, or the police may be instructed to act as tem- +porar y custodians. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (267 ) +1. If the custodian is present at the time of the attachment, the items attached shall be +handed over to them at the place of attachment thereof after they sign the minutes of +attachment and a copy thereof is handed over to them; if they are absent or are ap-pointed at a later date, an inventory of the items attached shall be made and handed +over to them after signing the minute of inventory and giving them a copy thereof. +2. If the custodian refuses to sign the minutes of attachment or the minute of inventory, or if they refuse to take a copy thereof, the Execution Bailiff shall replace them with another custodian, or shall raise the matter before the Execution Judge forthwith in order for +them to make such decision as they deem appropriate. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (268 ) +A custodian who is not the Debtor or the custodian in possession shall be entitled to receive +a fee for their custodianship, and such fee shall have the same priority status as judicial costs +over the movables attached. The custodian's fee shall be determined by an order to be made +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 141 + by the Execution Judge upon a petition submitted to them. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (269 ) +1. The custodian may not use the items attached or exploit them or lend them or render +them perishable, failing which they shall be deprived of their custodianship fee, in addi- +tion to their being obliged to pay compensation. If, however, they are the owner of such +items or the person having the right to the benefit of them, th e custodian may use them +to the extent of such rights. +2. If the attachment is levied over livestock or merchandise or tools or equipment neces- +sary for the management or exploitation of land or a factory or workshop or establish-ment or the like, then the E xecution Judge, upon a petition submitted by any person +concerned, may order that the custodian do undertake the management or exploitation +if they are capable of doing that, or may replace them by another custodian who shall do +so. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (270 ) +1. A custodian may not apply to be relieved of the custodianship before the day scheduled +for the sale save for reasons necessitating that course, and their relief shall be by order +on petition made by the Execution Judge. +2. The Execution Bailiff shall make an inventory of the items attached upon the new custo- +dian taking over their function, and a minutes shall be made of the inventory to be +signed by the custodian, and a copy thereof shall be given to them. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (271 ) +1. If an Execution Bailiff goes to impose an attachment over movables that have already +been attached in the hands of the Debtor, the custodian thereof shall show them a copy +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 142 + of the minutes of attachment and shall hand over the items attached, and the Execution +Bailiff shall make an invento ry thereof in a minutes, and shall attach anything that has +not already been attached, and shall constitute the custodian in the first attachment +custodian of those other items if such items are at the same place. +2. Such minutes shall be served within no more than (3) three working days on the first +Judgment Creditor and the Debtor and the custodian if they are not present, and it shall +likewise be served upon the body that ordered the first attachment. +3. Such servic e shall result in the attachment remaining in place in favour of the second +Judgment Creditor even if it is waived by the first Judgment Creditor, and it shall be +deemed to be an attachment in the hands of the Execution Bailiff over the proceeds of +sale. +4. If the first attachment levied over the movables is void, that fact shall not affect any sub-sequent attachments if they are valid per se. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (272 ) +1. After completing the attachment, the Debtor may submit to the Execution Judge a re- +quest to sell t he attached property to one of the purchasers. Their request shall be ac- +companied by the sale price and the purchaser's approval thereof. This shall be present-ed to the Judgment Creditor(s), if the price of the sold property is less than the debt for +which the attachment was made, within (7) seven days from the date of submission of +such request. If they do not object within (7) seven days from the date of their notifica- +tion or upon their approval, the sale shall be made and the price shall be deposited in the +Court's Treasury in favour of the Creditors. +2. Subject to the provisions of Article [276] of this Code, in the event that the approval of +the Judgment Creditor is not obtained or they refuse, the day, hour and place of the sale +shall be determined by the Execution Judge. Forthwith after that, the Execution Bailiff +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 143 + shall publish the notice on the Court's website, or affix it on the door of the place where +the attached items are located, as well as on the boards prepared for that in the Court. +3. The Execution Judge may order that the above be published in a daily newspaper pub- +lished in the State in Arabic or in a foreign language, or, when necessary, publish the same by using other technical means, various media, or any other means they deem ap- +propriate. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (273 ) +1. The sale shall be conducted at the place at which the items attached are or at such place +as the Execution Judge may specify for the sale of the attached things, unless conven- +ience dictates otherwise. It shall take place no soone r than (3) three days from the date +of completing the procedures for publishing the announcement on the Court's website, affixation or publication. Any person wishing to do so may inspect the items attached +during the set period. +2. Nevertheless, if the at tached things are perishable, or if they are goods subject to fluctua- +tions in prices, the Execution Judge may order that the sale be conducted at such place as +they deem appropriate. The Execution Judge may order the Sale on an hourly basis as the +case may be, upon an application submitted to them by the custodian or any person +concerned or the Execution Bailiff. +3. If the Creditor fails to proceed with the sale of the attachments within (30) thirty days after the attachment is levied - unless there are leg al impediments - the Execution Judge +may proceed with the sale procedures or lift the attachment of the attached objects, as +the case may be, and the expenses will be deducted from the proceeds of the sale. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (274 ) +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 144 + If the sale does not take place o n the day specified in the minutes of attachment, another day +shall be specified for it, to be notified to the custodian and the concerned parties. The +advertisement shall be re -published on the Court's website, or affixed or published in the +manner indicated in the Articles in this Chapter, in which case the valuation shall be reduced +by 5% five times, and then the items attached shall be sold at a price to be estimated by the +Execution Judge. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (275 ) +1. The sale shall be conducted by public auctio n under the supervision of the Execution +Judge with the Execution Bailiff acting as auctioneer, and the price must be paid forth- +with. The Execution Judge may give the auction winner a period not exceeding (5) five +days to pay. The Execution Bailiff shall n ot commence the sale until after conducting an +inventory of the items attached and the condition thereof is noted in the minutes of sale. +They shall note in it all of the sale procedures and any objections or obstacles they have encountered and the steps t hey have taken in that regard. They shall also note the pres- +ence of the Judgment Creditor and the Judgment Debtor or their absence and their sig- +nature if present or their refusal to sign. +2. The Execution Bailiff sh all note in the minutes the names of the bidders and the domicile +and place of work or e -mail address of each of them, as the case may be, as well as the +prices offered by them, and their signatures. The minutes shall include in particular a +statement of the price at which the auction was awarded and the name of the person to whom it was awarded, as well as the Successful Bidder's domicile and place of address +and signature. +3. It shall be sufficient announcement of the continuation or postponement of the s ale that +the Execution Bailiff so states openly and so records in the minutes of sale. +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 145 + 4. The remote communication technology stipulated in the law may be used in any of the +auction sale procedures mentioned in this Article and in Articles [276] to [278] o f this +Code. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (276 ) +If nobody attends to purchase jewelry or gold or silver ingots or ornaments or precious +stones or items that have been valued by an expert's report and the Creditor does not accept +satisfaction of their debt in specie at such v alue, the time for sale shall be extended to the +following day if that is not a holiday or until the first working day after the holiday, and if +there is no purchaser at the assessed value the sale shall be deferred to another day and +there shall be a fres h affixation or publication in the manner stated in the foregoing Articles, +in which case the Execution Bailiff shall place the matter before the competent Judge for +them to order that the auction be awarded at such price as they deem appropriate, even +though that be on a later date. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (277 ) +If the person to whom the sale on auction has been awarded does not forthwith pay the price, the Judge may give them a period of (5) five days to pay, and after the aforementioned +period expires and they fail to pay the price, the item shall be resold on their responsibility in +the foregoing manner at any price, and they shall be liable for the shortfall in the price as well as the expenses and resale fees. The sale minute shall be deemed to be an Execution +Writ for the difference in price so far as they are concerned. +They shall not be entitled to the advantage of any increase in the price; the person entitled to +that will be the Debtor and their Creditors. The Execution Bailiff shall be liable for the price if +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 146 + they do not get it in forthwith from the purchaser and do not proceed to resell upon their +responsibility. The minute of sale shall be deemed to be an Execution Writ with regard to +them. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (278 ) +The Execution Bailiff shall cease to proceed with the sale if an amount results therefrom sufficient to pay the debts for which the attachment was made as well as the costs. With +regard to any attachments imposed thereafter in the hands of the Execution Bailiff or others +in whose hands the price is held, such attachments shall extend only to such property as is in +excess of the amount expended in making the foregoing satisfaction. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (279 ) +An action for the recovery of the items attached shall be brought before the competent +Court, and the bringing of s uch action shall result in a stay of the sale unless the Court orders +that the execution be proceeded with on such conditions as it deems appropriate. The Court may pass a fine of not less than (1,000) one thousand dirhams and not exceeding (5,000) +five th ousand dirhams in case the recovery claim is rejected. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (280 ) +An action for recovery shall be brought against the Creditor Judgment Creditor and the Judgment Debtor and the intervening Judgment Creditors, and the statement of claim in such action shall contain a detailed statement of the evidence of ownership. Otherwise, it +shall be inadmissible, and the Court shall rule inadmissibility on its own. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (281 ) +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 147 + 1. The Judgment Creditor may proceed with the execution if the Court passes judgment +striking out the action for recovery or if it is regarded as being void ab initio or judgment +is passed ruling that it be so treated. They may also proceed with the execution if judg- +ment is passed in the action dismissing it or ruling that there is no jurisdiction or disal- +lowing it, or ruling that the statement of claim is void or that the litigation has lapsed, or +accepting abandonment thereof. +2. The Judgment Creditor shall proceed with the execution notwithstanding that the judg- +ments referred to in Clause (1) of this Article are appealable. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (282 ) +1. If a second action for recovery is brought by the same recoveror and their first action is +deemed void ab initio or judgment has been passed treating it as such or rejecting it or disallowing it, or ruling that the Court has no jurisdiction or that the statement of claim +therein is void or that the litigation has lapsed or accepting abandonment thereof, the +sale shall not be stayed unless the competent Court passes judgment that it be stayed. +This rule shall apply if the action for recovery is renewed after striking out or staying +thereof. +2. The same rule referred to in Clause (1) of this Article shall apply if a second action for +recovery is brought by another recoveror and the second action shall have effect if it is +brought at a later date notwithstanding that it is prior to the cessation of the staying ef- +fect of the sale resulting from the bringing of the first action. + +Chapter 5 Attachment of shares, papers, receipts and equity interest + +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 148 + " +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (283 ) +1. Bearer shares and papers or endorsable shares and papers may be attached by the same +modalities laid down for the attachment of movables in the hands of a Debtor or a third +party. +2. Attachment of revenues due and nominate shares and dividends due from bodies cor- +porate and rights of partners in companies shall be attachable by the modalities laid +down for the attachment of assets due to a Debtor in the hands of third p arties. An at- +tachment thereof shall result in the yields thereof being attached until the day of sale. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (284 ) +Shares and papers and other property as provided for in Article [283] of this Code shall be +sold by public auction in accordance with the procedures provided for in Article [288] et seq. +under the supervision of the Execution Judge. + +Chapter 6 Attachment Of Real Property And Sale Thereof +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (285 ) +1. An Judgment Creditor shall make an application for the attachment of real property to +the Execution Judge and the request shall include the following: +a. The name, surname, occupation, domicile and place of work of the applicant, and +their elective domicile i n the area of the Court in which execution is to take place if +they do not have a domicile or place of work therein; +b. The name, surname, occupation, domicile and place of work of the respondent +Judgment Debtor ; +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 149 + c. A description of the real property for the attachment of which the application is +made, with particulars of its location, area, boundaries or number and real property +area, and any other particulars serving to identify it, as shown in the official registers +prepared for that purpose. +2. The Cre ditor may obtain an order on petition from the Execution Judge authorizing the +Execution Bailiff to enter the real property in order to obtain the necessary particulars to describe it and to define the contents thereof. No grievance shall lie against such order. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (286 ) +1. If the Execution Judge decides that the application for attachment over real property sat- +isfies the legal requirements, they shall make their decision for the attachment and the +Execution Bailiff conducts it electronically or comm unicates this decision to the depart- +ment concerned with real property registration to mark in the records of this real prop- +erty and specify the time and date. +2. Registration of the decis ion to attach shall result in the real property being deemed to be +attached. +3. The competent department with which the real property is attached shall inform the Ex- +ecution Judge, from the real property registry, of the Creditors having registered rights, +and the domicile and place of work of each of them and whether there are any impedi- +ments that impede the disposal of the real property. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (287 ) +1. The Execution Bailiff shall, within (7) seven days from the attachment, serve on each of +the Debtor and the person in possession of the property and the surety in rem a copy of +the application for attachment, after endorsing it to the effect that it has been registered. +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 150 + 2. They shall at th e same time serve such minute on the Creditors having registered rights +referred to in Clause (1) of this Article, and such Creditors shall, forthwith upon being +served, become parties to the proceedings as Judgment Creditors, and upon the death of +any of them service upon their heirs at the address stated in the register shall be made +provided that no more than (3) three months have expired since the death. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (288 ) +1. After completing the attachment, the Debtor may submit to the Execution Judge a r e- +quest to sell the attached property to one of the purchasers. Their request shall be ac- +companied by the sale price and the purchaser's approval thereof. This shall be present-ed to the Judgment Creditor(s), if the price of the sold property is less than th e debt for +which the sequestration was made, within (7) seven days from the date of the attach-ment. The date of submission of the application. If they do not object within (7) seven days from the date of their notification or upon their approval, the sale shall be made +and the price shall be deposited in the Court's Treasury in favour of the Creditors. +2. The Execution Judge shall, before proceeding with the sale of the real property by auc- +tion, give notice to the Debtor to pay the debt within (15) fifteen days from the date of +the notice, failing which the real property will be sold by auction, and the Debtor may +apply during that period to defer the sale, and the Execution Judge may grant such ap- +plication in the two following circumstances: +a. If the incom e from the real property over a period of (5) five years will be suffi- +cient to pay the debt, interest, fees and costs, the Execution Judge may, in that +event, authorize the Creditor under their supervision to collect the revenues from +the real property unt il payment is made in full, and if any unforeseen circum- +stance arises preventing the collection by the Creditor of their rights in a regular +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 151 + manner, the Execution Judge shall, upon the application of the Creditor, continue +with the procedures for the sale of the real property. +b. If the revenues from the real property over a period of (5) five years are insuffi- +cient to pay the debt, interest, fees and expenses, and the Debtor has other suffi-cient income in addition to the income from the real property to pay the debt in +installments during the period referred to in this Paragraph, and it appears to the +Execution Judge that the sale of the real property would cause great loss to the Debtor, they may decide to defer the sale and to make the debt payable by in-stallments over a period not exceeding the period referred to with such guaran- +tees as they deem appropriate, and if the Debtor fails to pay any of the install-ments, the Execution Judge shall, on the application of the Creditor, continue +with the procedures for the sale of the real property. +3. If the period of notice laid down in Clause (1) of this Article expires without the Debtor +having paid the debt or having made an application to defer the sale or if such applica-tion has been dismissed, the Execution J udge shall specify the place and date of the sale +and the period during which the auction shall be conducted. +4. The Execution Judge shall, before announcing the sale, appoint one or more experts to assess the price of the real property within a period not exceeding (15) fifteen days from +the date the Judge gives such instructions. +5. The Court office shall notify the Debtor, the person in possession of the property, and the surety in rem of the place and day of the sale and the period during which the auc- +tion will be conducted, and they shall announce the sale no later than (30) thirty days +before the day scheduled to conduct it, by publication in two daily newspapers circulat- +ing in the State, and a copy of the notice shall be displayed in a conspicuous place on the real property, and another on the Court's notice board, or by any other means the Execu- +tion Judge deems appropriate. +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 152 + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (289 ) +1. The announcement of the sale shall contain the following particulars: +a. The name of the Judgment Creditor and the Debtor, and the person in possession of +the property or the surety in rem, and the surname, occupation, domicile and place +of work of such person; +b. A description of the real property as appears in the attachment order; +c. The basic price specified by the expert, the costs, and the security that a person +wishing to purchase shall pay in advance, which shall not be less than (20%) of the +basic price and any conditions related to the sale; +d. Particulars of the Court before which the sale will be conducted, the date of the auc- +tion, and the period over which the auction will take place. +2. The Judgment Creditor, the Debtor, the person in possession property and the surety in +rem and any person having an interest may seek the leave of the Execution Judge to +publish additional announcements of the sale in newspapers and other media by reason +of the importance of the real property or on account of other circumstances, but such +additional publication shall not delay t he sale in any case, nor shall any grievance lie +against the order of the Judge in this regard. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (290 ) +If the real property offered for sale is capable of sub -division, and part of that real property, +as assessed by the experts, is sufficient for payment of the debt, interest, fees and costs, the +Execution Judge shall segregate that part by offering it for auction, and shall exclude the +other parts, and if it appears as a result of the auction that the consideration offered for that +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 153 + part of the real property is not sufficient to effect payment, the Execution Judge shall offer +for auction the remaining real property or any other additional part of it sufficient to make payment. If a claim of entitlement is brought over one of the lots of the real pro perty offered +for auction and the Court decides to defer the auction, that decision shall not necessitate the +deferral of the auction over the other lots unless those parts are, as assessed by the experts, +not divisible, in which event the auction shall be delayed in respect of the remaining parts. +If there are a number of parcels of real property required to be sold by auction, each parcel +shall be offered for sale separately, unless the Execution Judge finds, after consultation with +the experts, that it w ould be expedient to sell more than one parcel, or all of the parcels, by +way of a single auction. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (291 ) +It shall not be permissible to sell real property otherwise than to a national of the State, with +the exception of the cases pertaining to th e permissibility of foreigners owning real property +stipulated in the laws in force in the State, all while observing the rules governing the +transfer of real property. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (292 ) +1. No disposition made by the Debtor or person in possession of the pro perty or surety in +rem over the real property shall take effect, nor shall any resulting mortgage or priority +take effect against the Judgment Creditors, notwithstanding that they may be ordinary +Creditors, or against the person to whom the auction is awar ded, if the disposition or +mortgage or priority was registered after registration of the attachment order. +2. The yields and revenues in respect of the period following registration of the attachment +order shall be treated as part of the real property, and the revenues and the price of the +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 154 + yield and produce shall be deposited with the Court's Treasury, and if the real property is +not leased, the Judgment Debtor shall be deemed to be the custodian until it is sold, and +if the real property is leased then the rent due for the period following registration of the +application for attachment shall be attached in the hands of the lessee as soon as they +are required by the Judgment Creditor or any Creditor in possession of an Execution Writ +not to pay it to the Deb tor, and if the lessee has paid the rent prior to such requirement +being made, the payment shall be valid and the Judgment Debtor shall be liable for it in +their capacity as custodian. +3. If the contract of lease has been registered prior to the lessee being required to make +payment, the contract shall remain in force as against the Judgment Creditor and the +Creditors whose rights were recorded prior to the registration. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (293 ) +1. If the real property is encumbered by a security in rem and vests in the person in +possession of the property under a contract registered prior to the attachment, then +notice shall be given to the person in possession of the property before the application +for attachment to pay the debt or to vacate the real property, failing which execution will +be made against them. +2. The notice shall, in addition to the general data of the service, and the requirement to +pay or to vacate, contain the following data: +a. The Execution Writ; +b. Service on the Debtor and ordering him to pay in accordance with Article [233] of +this Code; +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 155 + c. Particulars of the real property the subject matter of the execution as stated in the of- +ficial records kept for that purpose; +3. The notice referred to in Clause (1) of this Article shall also be served on the mortgagor in +cases in which the attachment is levied against real property mortgaged by other than +the Debtor. +4. Service of the notice shall result, in respect of the person receivin g service, in all of the +effects provided for in Article [292] of this Code applying to them. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (294 ) +1. Persons concerned shall submit any arguments relating to voidness of the advertisement +provided for in Articles (287] and (288] of this Code by an application submitted to the +Execution Judge no later than three days before the first hearing scheduled for the sale, +failing which the right to make such objections shall lapse. +2. The Execution Judge shall rule on the arguments for voidness Clause ( 1) of this Article on +the day scheduled for the sale before the opening of the auction, and no appeal shall be +accepted against their judgment by any means of appeal, and if they pass judgment that the advertisement procedures were void, the sale shall be deferred to a day to be fixed, +and an order shall be made to repeat those procedures. +3. If judgment is passed dismissing the application for voidness, an order shall be made to +proceed with the auction forthwith. +4. The Debtor, the person in possession of the property, the surety in rem and the Creditors +referred to in Article [286] of this Code shall express any other objections of voidness +relating to the procedures prior to the sale hearing, and likewise any objections to the +conditions of sale, no late r than ten days before the date of that session, failing which +their right to make such objections shall lapse; the objections shall be made by an appli- +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 156 + cation submitted to the competent Execution Judge. The Execution Judge shall make a +ruling upon the afor esaid application by either staying the sale or continuing with it, de- +pending on the degree of seriousness of those objections, and if they rule that the sale +shall be proceeded with, they shall order that the auction proceed forthwith. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (295 ) +The Creditor shall, before the commencement of the auction procedures, deposit such sum +as the Execution Judge shall specify to cover the costs and expenses of the sale of the real +property, including advocacy fees. Such sum shall be deducted from the sale pr ice and shall +be returned to the Creditor. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (296 ) +1. The Execution Judge shall, on the day specified for the sale, supervise the conduct of the +auction, and they may not proceed with the auction until it has been ascertained that the +judgment under which execution is being made has become final. +2. If one or more purchasers come forward at the first sale hearing, the Execution Judge +shall, at the end of the period specified for the auction, approve the highest bid, on con- +dition that it is not less than the basic price specified by the expert, together with co sts, +and if the bid is less than that amount or if no purchaser comes forward at the hearing, the Execution Judge shall make an order deferring the sale to the following day at the same place and for the same period specified for the auction, and if no pur chaser comes +forward at the second hearing with the basic price, the Judge shall adjourn the sale to the following day, with a reduction in the basic price in an amount of (5%), and then to the following session and likewise with a reduction of the price b y (5%) on each occasion, +and if the total of the reduction reaches (25%) they shall defer the sale for a period of the following three months, and the advertisement procedures shall be repeated, in which +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 157 + case the real property shall be sold at the highest bid, provided that it is not less than +(50%) of the basic price determined by the expert. +3. The sales session in the concept of this Article includes the electronic session. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (297 ) +1. The person whose bid is approved by the Execution Judge shall, within the ten days fol- +lowing the sale session, deposit the full price approved plus costs, and in the event that +the price is paid the Judge shall order that the sale be awarded to them. +2. If the Successful Bidder fails to pay the price in full, then the Execution Judge shall offer +the real property to the next bidder in line at the price they had offered. If they agree the +Judge shall approve their bid, and they shall deposit the price within the period specified in Clause (1) of this Ar ticle. If the second bidder refuses, then the Execution Judge shall +effect a new auction within (15) fifteen days under the same procedures as before, in +which case the Judge shall order that the auction be awarded to the highest bidder. +3. Any person not prohibited from bidding at an auction may offer an increase on the price +within the (10) ten days following the awarding of the auction, but on condition that +such increase shall not be less than one -tenth of the price, in which case the bidder shall +deposit the full price offered along with costs with the Court's Treasury, in which case +the auction shall be held again within (7) seven days, and if nobody offers a higher bid +the Judge shall order the award of the sale to them. +4. The defaulting bidder shall be liable for any shortfall in the price of the real property, and +the order awarding the auction shall include an order against the defaulting bidder in +respect of the difference if any, and they shall have no right to any increase, such in-crease belongs to the Debtor or the person in possession of the property or the surety in +rem as the case may be. +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 158 + 5. In all cases, a guarantee from an approved bank in the State may take the place of a de- +posit, as may submission of a certified cheque. If the person who is obliged to make the +deposit is a Creditor, and the amount of their debt and ancillaries justify their being ex- +empted from making the deposit, the Judge shall exempt them from depositing all or +part of the price or the expenses that the law requires that they should deposit. +6. In all events, the conditions of sale may not contain any provision the contradicts the foregoing. +7. If it is impossible for a cause in which the purchaser played no part to complete the sale +transaction and registration at the au ction value within (30) thirty days from the date of +the awarding of the auction, then the purchaser shall have the right to demand that the auction be cancelled and the security deposit that they have paid be returned to them, +and upon such application be ing granted the Execution Judge shall effect a fresh auction. +8. At any time prior the completion of transfer of ownership and registration of the real +property in favour of the purchaser as a result of the auction, the Debtor may pay the debt and interest with fees and costs, or sell the real property with the consent and under +their supervision of the Execution Judge at a price higher than the price for which the auction was awarded and with an increase of not less than (10%) ten percent of the price +at w hich the auction was awarded. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (298 ) +1. If the auction is delayed for legal reasons the auction shall be repeated within a period of (15) fifteen days from the date on which the reasons for the delay ceased to exist. +2. If the auction is left for a period of (6) six months or more because the Creditor fails to +follow it up, there shall be a fresh auction and the previous time limits shall be cancelled. + +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 159 + " +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (299 ) +1. The judgment awarding the auction shall be issued in the format of judgmen ts, and shall +contain a copy of the application for attachment of the real property, a statement of the +procedures followed in that regard, and in respect of the advertisement of the sale, and a copy of the minutes of sale. The decretal part of the judgmen t shall contain an order +against the Debtor or the person in possession of the property or the surety in rem to +hand over the real property to the person in whose favour the auction was awarded. The +original judgment shall be deposited in the case file on the day following the passing +thereof. +2. The judgment referred to in Clause (1) of this Article shall not be served, and shall be +subject to compulsory enforcement: The Debtor, the person in possession of the proper- +ty, the surety in rem or the custodian, as the case may be, shall be ordered to attend at +the place of handover on the day and at the time specified for that procedure, and a no-tice of this information shall be served thereon at least two days before the date ap- +pointed for the handover. +3. If th ere are on the real property any movables subject to the right of a person other than +the Judgment Debtor, the applicant for execution shall apply by petition to the Execution +Judge to take the necessary steps to preserve the rights of the persons concerne d, and the +Execution Judge may hear the representation of the persons concerned if necessary be- +fore issuing their order. +4. If it is not possible to transfer the ownership of the sold real property or part thereof for +any reason beyond the control of the p arties, then the Execution Judge may annul the +judgment awarding the auction and restore the situation to what it was. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (300 ) +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 160 + 1. There shall be no appeal against the judgment awarding the auction, save for a defect in +the auction procedures or in the form of the judgment, or because it has been issued without a stay of the procedures in a case in which a stay was legally mandatory. +2. An appeal shall be brought by the normal means, within (7) seven days from the date of +the pronouncement of the jud gment. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (301 ) +1. Upon the request of a person concerned, the Execution Judge shall request the relevant +real property registration department to register the judgment awarding the auction, af-ter the person in whose favour the auction has been awar ded has deposited the full +price, unless they have been exempted from making the deposit, and the rules laid down for the registration of real property shall apply to the registration of the judgment. +2. The registration referred to in Clause (1) of this A rticle shall result in the real property +sold being cleared of any priority rights or security or possessory mortgages of which the +beneficiaries have been given notice under Article [286] of this Code, and they shall be +left only with their right against the proceeds. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (302 ) +1. A th ird party may apply for an order that the execution proceedings be declared void to- +gether with any application of entitlement over the real property attached or part there- +of, by an action brought through the usual procedures before the competent Court, in +which they implead the Judgment Creditor and the Creditors referred to in Article [286] +of this Code, and the Debtor or person in possession of the property or the surety in rem. +The Court shall make an order at the first hearing staying the sale proceedin gs if the +statement of claim contains exact particulars of the evidence of ownership or the facts of +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 161 + possession on which the action relies, and it is accompanied by the supporting docu- +ments. +2. If the day appointed for the sale arrives before the Court mak es an order of stay, the +person bringing the action may apply to the Execution Judge to stay the sale on condi- +tion that they deposit with the execution file an official copy of the statement of claim as +served. +3. No appeal may be brought in any manner aga inst judgments passed in accordance with +Clauses (1) and (2) of this Article staying the sale or proceeding with it. +4. A claim for entitlement shall not be accepted unless a security deposit of (10,000) ten +thousand dirhams is deposited upon its registrat ion. It shall be returned upon ac- +ceptance or confiscated in case of refusal. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (303 ) +1. If the action of entitlement covers only part of the real property attached, the sale shall +not be stayed in respect of the remainder of it. +2. Without prejudic e to the provision contained in Clause (1) of this Article the Execution +Judge may make an order upon the application of a person concerned staying the sale in +connection with the whole of the real property if there are serious reasons justifying that +cour se. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (304 ) +If the thing sold becomes due, the winner of the auction may claim the price and the +compensations from the Creditors or Debtors, if they have a reason, and the conditions of +the sale may not include exemption from refunding the price. + +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 162 + " +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (305 ) +Neither the Debtor, nor Judges, nor Members of th e Public Prosecution or Execution Bailiffs +or Court clerks or attorneys acting on behalf of the persons conducting the procedures on +behalf of the Debtor, or their relatives up to the second degree, may make any bid in the +auction through themselves or thr ough the medium of others, otherwise which the sale +shall be void. + +Chapter 7 Certain Special Sales +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (306 ) +1. The sale of the bankrupt's real property is carried out in accordance with the Federal Law +of Bankruptcy and by way of auction, and is conducted based on the conditions of sale +provided by the bankruptcy trustee. +2. The sale by auction of real property of a person having no legal capacity but who is au- +thorized to sell it, and the real property of an absent person, shall take place subject to +conditions of sale submitted by the attorney for the Creditors or the proxy for the person +lacking capacity or the absent person to the Execution Judge after their approval of the +same. +3. The conditions of sale shall include leave for the sale issued by the competent Court. +4. The Court's Case Management Office shall give notice to the Public Prosecution of the +conditions of sale before they are presented to the Execution Judge. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (307 ) +1. If the Court orders the sale of real property held in joint ownership on the grounds that it +is impossible to divide it up without causing harm, the Execution Judge shall sell it by +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 163 + auction upon the request of one of the co -owners and without prejudice to the provi- +sions of Article [291] of this Code. +2. The conditions of sale shall include particulars of all the co -owners and the domicile of +each of them, and a copy of the judgment passed for the effecting of the sale. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (308 ) +The rules relating to the procedures for the sale of real property upon the application of +Creditors, as provided for in this Code, shall apply to the sales provided for in Articles [306] +and [307] of this Code. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (309 ) +Taking into account the provisions contained in th is chapter, the Execution Judge may +delegate any natural or legal person, private or public, to take the procedures of levying the attachment or selling the attached items, whether in whole or in part, or assisting in their +performance in accordance with t he rules and procedures issued by a decision of the +President of the Federal Judicial Council or the head of the competent judicial authority, +each according to their competence, provided that these rules determine the mechanism of +their work and the calcu lation of their fees. + +Part 3 DISTRIBUTION OF THE PROCEEDS OF EXECUTION +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (310 ) +1. If the at tachment is levied over money in the hands of the Debtor, or if the property at- +tached is sold, or if (10) ten days have expired from the date of ascertainment of the +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 164 + amount owing in an attachment of property of the Debtor in the hands of a third party, +the proceeds of the execution shall be distributed among the Judgment Creditors and +any person deemed to be a party to the proceedings without any further procedure, even +if the proceeds are insufficient to satisfy their entire rights. +2. All Creditors who ar e parties to executions in the executive groups and joined execution +files are considered parties to the procedures within the meaning of the preceding para- +graph, even if they did not submit a request for that, and they are included in the list of distribu tion of the proceeds of execution in accordance with the requirements of Articles +[311- 314] of this Code. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (311 ) +1. If the proceeds of execution are sufficient to satisfy all of the rights of the Judgment Creditors and persons deemed to be a party to the proceedings, then the Execution Judge shall order the payment of the debts of all of the Creditors after presentation of their Ex- +ecution Writs. +2. If any of the Creditors referred to in Clause (1) of this Article does not have an Execution +Writ and the claim of right and the validity of the attachment are still sub judice, a sum +will be allocated to that Creditor corresponding to the debt for which the attachment has been made, and it shall be kept in the Court's Treasury to their account pending a final +determination of the claim. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (312 ) +1. If the proceeds of the execution are insufficient to satisfy all of the rights of the Judgment Creditors and persons deemed to be part ies to the proceedings, then the person in +whose hands the proceeds are shall forthwith deposit them with the Court's Treasury, +accompanied by a statement of the attachments imposed under their hands. +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 165 + 2. The distribution will be among the preferred Debtors and the beneficiaries of registered +rights, according to their order of ranking as set out in the law. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (313 ) +The distribution procedures shall commence by the Execution Judge preparing a distribution +list that will be notified to the Debtor and the person in possession of the property and the +Judgment Creditors, and persons deemed to be parties to the proceedings, to attend before +the Execution Judge at the hearing Execution Judge schedules for that. Within (3) three days +following the date of th e session the Execution Judge shall decide on any objection that may +be submitted before the amounts are disbursed. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (314 ) +1. The Execution Judge shall deposit with the Case Management Office the final distribu- +tion list stating the entitlements of each Creditor by way of principal and expenses. +2. In all cases, the Execution Judge shall order that payment orders be delivered to t he +Court's Treasury, and that the restrictions, whether relating to debts included on the list +or debts not included in the distribution, be stricken off. + +Part 4 EXECUTION IN REM +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (315 ) +1. In the case of execution by delivery of a movable or of real property, the Execution Bailiff +shall proceed to the place where the item in question is to be handed over to the appli-cant. They shall state in their minutes the items the subject matter of the handover and +the Execution Writ, as well as the date of the service thereof. If the handover is in respect +of real property occupied by a transient possessor, then the Execution Bailiff shall direct +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 166 + them to acknowledge the new possessor after the completion of the process of the +handover of the real property. +2. If the items required to be handed over are attached, the Execution Bailiff shall not deliv- +er them to the applicant, and the Execution Bailiff shall notify the Judgment Creditor of +the same. +3. Upon the request of the interested person or of the Execution Bailiff, the Execution Judge +shall issue the necessary orders to preserve the rights of persons concerned. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (316 ) +1. The Execution Bailiff shall notify the person who is required to vacate the real property +of the date on which they will attend to the enforcement of the vacation, no later than three days before the day scheduled; when the scheduled time comes, they will enable +the applicant to take possession of the real property. If on the said real property there are +movables that do not have to be delivered to the applicant for vacation and the owner thereof does not remove them forthwith, then the Execution Bailiff shall entrust the custody thereof at the same place to the applicant, or t ransport them to another place if +the applicant does not agree to take over custodianship. If such movables are under at- +tachment or custodianship, then the Execution Bailiff shall notify the Creditor upon +whose application the attachment or custodianship w as imposed, and in either event the +Execution Bailiff shall raise the matter before the Execution Judge to take such steps as +they deem necessary to preserve the rights of the persons concerned. +2. The Execution Bailiff shall make a report identifying the Execution Writ and the date of +service thereof, describing the real property the subject matter of the vacation and the +movables that were not required to be delivered to the applicant, and the steps taken by +them in respect of them. + +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 167 + " +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (317 ) +1. A person applying for forcible execution of an obligation to perform or to refrain from an +act shall submit an application to the Execution Judge for them to specify the manner by which such execution shall take place, and annex to the application the Exec ution Writ +and the service thereof. +2. After summoning the other party to hear their representations, the Execution Judge shall make their order specifying the manner in which the execution will take place, and ap-pointing the Execution Bailiff to carry it out, and the persons who are ordered to perform +the act or the removal. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (318 ) +1. If the execution in rem is not possible in the manner specified in Article [317] of this +Code, or if the execution requires that the Debtor performs it themselves an d they do not +do so, then the Execution Judge may obligate them to pay a daily fine of not less than (1,000) one thousand dirhams and not more than (10,000) ten thousand dirhams to be +disbursed as compensation to the Creditor who is party to the execution for the delay, +provided that the total fines do not exceed the principal of the debt subject of execution. +2. The Execution Judge may cancel the fine or part of it if the person against whom the ex- +ecution was made initiates execution before it is actually disbursed. +3. The provisions of Clause (1) of this Article shall apply to the legal representative of the +legal person, and to those working for it who personally obstructed the execution. + +Part 5 DETENTION OF THE DEBTOR AND BANNING HIM FROM +TRAVELLING AND OTHER PRECAUTIONARY PROCEDURES +Chapter 1 Detention of Debtors +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 168 + " +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (319 ) +1. The Execution Judge may make an order on an application submitted by the judgment +Creditor for the detention of the Debtor if the latter has failed to execute any Execution Writ unless they prove that they are not able to pay. The Debtor shall not be deemed to be capable of paying if their solvency is based entirely on assets that cannot be attached +or sold. +2. The Debtor's claim of inability to pay is not accepted if they refuse to pay, in any of the +following cases: +a. If the Debtor smuggles their assets or conceals them with the intention of causing +harm to the Creditor, and it is impossible for the Creditor by reason thereof to exe- +cute against s uch assets; +b. If the debt is one or more installments awarded against the Debtor, or if the Debtor is +a person who stood surety for the original Debtor to make payment before the Court or the Execution Judge, unless the Debtor proves that new facts have arisen after the +award of installments against them or after they have provided the surety, which have affected their solvency and rendered them unable to pay the installments or the +amount of the surety or any part thereof. +3. The Execution Judge shall order the detentio n of the Debtor in the circumstances set out +in Paragraphs (a) and (b) of Clause (2) of this Article for a period not exceeding one +month, which may be renewable for further periods. If it is not feared that the Debtor would flee [the State] and the Debtor has an established residence the periods of deten- +tion may not exceed (6) six consecutive months. An order may be made for the renewal +of their detention after the expiration of (90) ninety days from their release if they con- +tinue to refuse to perform desp ite their ability to make payment, but provided that the +total periods of detention of the Debtor do not exceed (36) thirty six months whatever be the number of debts or Creditors in the event that the relevant Execution Writs coin- +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 169 + cide, unless the matter i s related to a debt as a result of intentional financial crimes, in +which case the terms of detention may reach (60) sixty months. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (320 ) +1. Before issuing the order for detention, the Execution Judge may carry out a brief investi- +gation if they ar e not sufficiently satisfied by the documents supporting the application. +2. The Judge may grant the Debtor time to pay, not exceeding (6) six months, or may divide +the amount under execution into suitable installments spanning no more than (3) three +years with guarantees or precautionary measures assessed by the Judge, if it is feared +that the Debtor will flee the State. +3. A grievance shall lie against the order contained in Clauses (1) and (2) of this Article, by +the procedures laid down in Article [209] of this Code. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (321 ) +1. An order for the detention of the Debtor may not be made in the following cases: +a. If their age is less than (18) eighteen years or greater than (70) seventy years; +b. If they have a child who has not reached the age of (15) fifteen, and their spouse is +dead or in custody for any reason; +c. If the Debtor is a spouse or ascendant of the Creditor, unless the debt amounts to prescribed maintenance; +d. If they provide a bank guarantee or solvent guarantor accepted by the Execution +Judge, for payment of the debt at the times specified, or if they reveal property of their in the State which may be enforced against, and which is sufficient for payment +of the debt; +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 170 + e. If it is confirmed by certified medical evidence that the Debtor is chronically and in- +curably ill in such a way as not to be able to withstand detention; +f. If the debt being enforced is less than (1,000) one thousand dirhams unless it is a fi- +nancial fine, maintenance, work wages, or an obligat ion to work or abstain from +work. +2. The Execution Judge may postpone the issuance of an order to detain the Debtor in any +of the following two cases: +a. If the Debtor is a pregnant woman, and for a period of two years from the date of her +delivery, and that period shall be reduced to (3) three months from the date of the +birth of her stillborn fetus; or +b. If it is confirmed by certified medical evidence t hat the Debtor is temporarily ill in +such a way as not to be able to withstand detention pending their recovery. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article ( 322 ) +If the Debtor is a private body corporate, the order for detention shall be made against those +who represent it legally or the person to whom the failure to perform is personally attributable. Travel bans may be made in accordance with the procedures and controls +stipulated in Articles [324] to [326] of this Code, even if the Creditor does not have an +Execution Writ against them, provided that an investigation is conducted in both cases. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (323 ) +The Execution Judge shall order that the detention order made against the Debtor shall lapse in the following cases: +1. If the Creditor agrees in writing that the order may be revok ed; +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 171 + 2. If the obligation of the Debtor for the satisfaction of which the order was made ceas- +es for any reason; or +3. If any of the conditions necessary for the order of detention to be made lapses, or if an impediment to the making thereof arises. + +Chapter 2 Prevention of the Debtor From Travelling Abroad + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (324 ) +1. Even before filing a substantive lawsuit, if there are serious reasons that fear the Debtor's +flight, an d the debt is not less than (10,000) ten thousand dirhams, unless it is an +established maintenance, a commitment to work, an abstention from work, or a work +fee, the Creditor may request the competent judge or the head of the Circuit, as the case +may be, t o issue an order banning the Debtor from travelling in any of the following two +cases: +First: If the debt is of a known amount and due for payment and not restricted by a +condition; or +Second: If the debt is not of ascertained amount, the Judge shall make a provisional +quantification of it, provided that the following conditions are met: +a. The claim of right must be based on written evidence; and +b. The Creditor shall submit a guarantee acceptable to the Court guaranteeing any loss +or damage that may be sustained by the Debtor in consequence of their being +prevented from travelling abroad in the event that it should turn out that the +Creditor's claim was not justified. +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 172 + 2. Before making the order, the Judge may conduct a brief investigation if they deem the +documents supporting the request insufficient. They may also order that the Debtor's passport be lodged with the Court's Treasury, and the order of travel ban shall be +circulated around all ports of exit from the State in the event that the travel ban order is +issued. +3. The personal status Execution Judge may issue an order to prevent the fostered child +from travelling in cases that violate the terms and conditions of the provisions stipulated +in the Federal Law of Personal Status. +4. Anyone who has been ordered to be banned from travelling or whose request has been +rejected may appeal against the same using the procedures prescribed for grievance +against orders on petitions, unless the order in question was issued by the competent +Execution Judge, in which case the grievance against their decision shall be in +accordance with the procedures stipulated in Clause (1) of Article [209] of this Code. +5. A travel ban order shall not prevent the execution of final judgments for deportation. In +the event of the passing of a final judgment or an administrative order for deportation, +the order for travel ban shall be placed before a judicial committee under the p residency +of a Judge, to be formed by a resolution of the Council of Ministers, to determine the execution of either such case. +6. The president of the competent Court or their authorized representative may approve +the Debtor's travel due to their or one o f their ascendants, first -degree descendants, or +their spouse's illness, provided that a medical certificate from an official authority is attached to the application stating the need for treatment abroad and the impossibility of +local treatment in the Sta te. Meanwhile, the travel ban order shall be maintained. +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 173 + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (325 ) +The travel ban order shall remain in force until the expiration, for whatever reason, of the +obligation of the Debtor towards their Creditor who has obtained the order. Nevertheless, the competent Judge may order that the aforesaid ban shall lapse in the following cases: +1. If any of the conditions necessary for the making of the travel ban order lapses; +2. If the Creditor agrees in writing that the order may be revoked; +3. If the Debtor submits a sufficient bank guarantee, or a solvent guarantor accepted by +the Judge, and the bail report that includes the guarantor's undertaking is accompa-nied by the judgment or order issued to oblige the Debtor with an Execution Writ +before them with what this judgment decreed; +4. If the Debtor lodges with the Court's Treasury a sum of money equivalent to the debt +and the expenses, earmarked for satisfaction of the right of the Creditor on whose +application the order was made, and such sum s hall be deemed to be under attach- +ment by operation of law in favour of the Creditor; +5. If the Creditor fails to submit to the Judge material to demonstrate that the action for the debt has been brought within (8) eight days from the making of the travel b an +order, of if they have not commenced enforcement of a final judgment made in their +favour within (30) thirty days from such judgment becoming final; +6. If (3) three years have elapsed since the last valid procedure of executing the final +judgment on the debt, the travel ban order was issued to satisfy it, without the Cred- +itor applying to the Execution Judge with a request to continue the procedures for +executing such judgment; or +7. If a request is received from the competent authorities stating that the stay of the +person banned from travelling in the State has become illegal and they shall be de- +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 174 + ported, and it is not proven that they have assets in the State that can be subjected to +execution. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (326 ) +The provisions of Articles [324] and [325] of this Code do not apply to foreigners against +whom decisions have been issued to extradite them to a foreign country in accordance with +the provisions of the Federal Law on International Judicial Cooperation in Criminal Matters. + +Chapter 3 Other Precautionary Procedures +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (327 ) +If the Debtor who is banned from leaving the State refuses to hand over their passport without justification, or if it appears to the Judge that they have made a disposition over +their assets or has taken them abroad or that they are making preparations to flee the +country despite the steps taken to prevent them from travelling, then the Judge may order that such Debtor be brought before the Court and compelled to submit a guarantee of +payment or guarantee of attendance or to deposit the amount claimed with the Court's +Treasury. If the Debtor fails to comply with such order, then the Judge may order that the +Debtor be temporarily detained until the order is executed. Such decision shall be +appealable within (7) seven days from the date of making thereof. + +Part 6 USING REMOTE COMMUNICATION TECHNOLOGY IN CIVIL +PROCEDURES + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (328 ) +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 175 + The 'Use of Remote Communication Technology' in c ivil procedures means the use of +audiovisual means of communication between two or more parties to achieve remote +attendance and the exchange of documents, which includes the registration of the case, the +process service procedures, the trial, and the exec ution that take place through the use of +such technology. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (329 ) +The terms 'Electronic Document', 'Electronic Information', 'Electronic Information System', +'Electronic Signature' shall have the meanings ascribed to them in the Federal Law on +Electronic Transactions and Trust Services. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (330 ) +The provisions for collection of fees, registration, process service, submission of documents, attendance, publicity, pleading, hearing witnesses, examination, deliberation, issuance of +judgments, sub mission of appeals and execution of all its procedures stipulated in this Code, +shall exist if they are wholly or partly done through remote communication technology. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (331 ) +The President of the Court, the president of the Circuit, the competent J udge, or whoever is +delegated by any of them, may take the procedures remotely whenever they decide to do so at every stage of the civil lawsuit, in order to achieve ease of litigation procedures. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (332 ) +Remote proceedings may be taken outside the jurisdiction of the Courts of any Emirate +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 176 + hearing remote civil proceedings. When necessary, coordination shall be with the competent +authority in the Emirate in which the person for whom the procedure is to be taken is located, or where there are any docu ments to be submitted in the case. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (333 ) +In trials conducted remotely, it is permissible, in each round of the trial, for any of the parties to the case to request the Court to conduct the trial in person, and the Court, after serving a +notice on the rest of the parties, shall decide on such request. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (334 ) +1. Remote litigation records shall be recorded and kept electronically before they are tran- +scribed, and shall be deemed confidential. It shall not be permitted to circulate, view, copy or delete them from the Electronic Information System except with the permission +of the competent Court, as the case may be. +2. The Court may dispense with recording if the remote litigation procedures are typed di- +rectly during the session in the electronic case file and approved by its president. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (335 ) +The remote communication technology stipulated in this Code is subject to the information +securi ty policies and regulations adopted in the State. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (336 ) +1. The competent body may transcribe remote litigation procedures in minutes or paper or +electronic documents approved by it without the need for the signature of the concerned +parties. +Federal Decree- Law No. (42) of 2022 Promulgating the Civil Procedure Code 177 + 2. The Court may be satisfied with the minutes of the remote litigation procedures if they +were typed directly during the session in the electronic case file and approved by its +president. + +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (337 ) +Remote communication technology may be used to request o r implement rogatory and +judicial assistance with foreign countries, in accordance with the provisions of agreements +and treaties ratified by the State. +" +justice and juiciary,Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code,"Article (338 ) +The Electronic Signature and the Electronic Documents shall have the authenticity +prescribed for the signature or the official paper documents, if they meet the terms and +conditions stipulated in the Federal Law on Electronic Transactions and Trust Service s. + " +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (1) +Definitions +In application of the provisions of this Law, the following words and expressions shall have +the meanings ascribed thereto unless the context requires otherwise: +State : United Arab Emirates +Ministry : Ministry of Finance +Minister : Minister of Finance +Security +Right : An in -kind right on a movable that is established under a security +contract for securing the fulfilment of a liability, even if not explicitly +described as a security right, regardless the type of property or statu s of +Pledgor or Pledgee or nature of secured liability. It shall include the right +of Pledgee in a mortgage contract, right of lessor resulting from a finance +leasing, right of ownership of a seller to the movable sold under +contracts of sale and transfer of the movable for the security and the +right of transferee in the security by transfer. +Pledge : Material or moral movable, whether current or future, on which the +security right is established. +Pledge +Returns : Any in -kind or cash allowance res ulting from the disposal of the Pledge +or replacing it with another one, or any compensation obtained by the +Pledgor due to the reduction in the Pledge value, its damage or any other +similar compensation. +Pledgee : Beneficiary creditor from the securi ty right. +Federal Law No. 4 of 2020 on Securing the Rights in Movables 3 + Pledgor + : A person having a right or authority in disposing of the Pledge and +establishing the security right to Pledge his liabilities or liabilities of third +party. +Pledged +Person : A debtor of secured liability if he is not a Pledgor +Security +Contract : A contract between the Pledgor and the Pledgee to establish the security +right. +Register : An electronic register designated for registering the rights on the +movables. +Registration : Recording the rights provided on the movables in the Register. Such +recording shall include any amendment or cancellation thereto. +Accounts +Receivable : The right to fulfil amounts of money for the Pledgor owed by a third +party. Such right shall not i nclude the payments established in the +endorsable bonds, the right in the payments deposited in the credit +accounts with banks or the right in the payments under the securities. +The Court : Court of Appeal or the court which the Pledge falls within it s jurisdiction, +as the case may be. + Security +Right for +Purchase +Financing : A security right on a material movable, intellectual property right or the +right of licensee under an intellectual property licensing that is +established to secure the liabili ty of settling the part unpaid from a price +of a movable or any other credit granted for enabling the Pledgor from +obtaining rights in a movable. +Enforcement +against Third +Party : Completion of procedures required for enabling the Pledgee from +insisting on the security right against a third party, whether by +registering a registration in the Register according to provisions of this +Law or by enabling the Pledgee to possess the Pledg e or acquiring the +Pledgee to control the Pledge. + + + +Federal Law No. 4 of 2020 on Securing the Rights in Movables 4 + " +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (2) +Scope of Application of the Law +1. Provisions of this Law shall apply to any security right established under its provisions +within the framework of commercial or civil transactions. +2. For purposes of this Law, the right of transferee in selling the accounts receivable shall be +deemed a security right and shall be subject to provisions of this Law, save the provisions +of Chapter Seven therefrom. + +Chapter Two +Pledge +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (3) +Funds that may be Pledges +Any material or moral or a part thereof may be under Pledge or an indivisible right therein, +whether current or future, including the following: +A. Accounts receivable unless they are a part of a transaction of transfer of a project. +2. Credit accounts with banks, including the current and deposit accounts. +C. Bonds and documents transferable through delivery or endorsement, which prove the +entitl ement of an amount or ownership of goods, including the commercial papers, bank +deposit certificates, bills of lading and goods deposit certificates. +D. Equipment and work tools. +E. Material and moral elements of the business. +F. Goods intended for sale or renting, raw material and under manufacturing or +transformation. +G. Crop yields, animals and their products; this includes fish and bee. +H. Property by Allocation. +I. Any other movables that the laws applied in State stipulate their validity to be under +Pledge according to provisions of this Law. + + +Federal Law No. 4 of 2020 on Securing the Rights in Movables 5 + " +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (4) +Funds Excluded from Provisions of the Law +Provisions of this Law shall not apply to the following funds: +A. Movables which the applicable legalisation requires the registration of the security rights +provided thereon in special registries. +B. Expenses, wages, salaries and workers compensation. +C. Public funds, endowment funds and funds of diplomatic and cons ular missions and +government international organisations. + +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (5) +Possession Free Mortgage +1. Notwithstanding the provision of any other legalisation, the movables may be +mortgaged without need to deliver their possession to the Pledgee or third par ty. +2. Registration of the security right established under a mortgage right in the Register shall result in all rights enjoyed by the Pledgee as he possess the mortgaged fund. + +Chapter Three +Register +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (6) +Register Establishment +1. A Register shall be established for registering the rights in accordance with provisions of this Law by a resolution issued from the Cabinet. The resolution shall determine the +authority which will manage the Register upon a proposal from the Minister. +2. The Executive Regulation of this Law shall organise the work of the Register and the +procedures followed on the recording therein, as well as the fees prescribed for its use. + +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (7) +Right of Accessing the Regis ter +The public may access the information provided in the Register as determined by the +Federal Law No. 4 of 2020 on Securing the Rights in Movables 6 + Executive Regulation of this Law. It is permissible to request a paper -based or electronic +report including the information provided in the Register. Such report shall, if authenticated +by the authority managing the Register, have an authority overall in proving the date and +time of registration and any information registered in the Register. The Executive Regulation of this Law shall organise the requirements of obtaining the report. + +Chapter Four +Establishment and Enforcement of the Security Right among Parties +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (8) +Security Right Establishment +1. For the establishment of the security right and its enforcement among its parties under +the provisions hereof, the following conditions shall be fulfilled: +A. Entering the security contract. +B. The Pledgor shall have the capacity to act in respect of t he Pledge or authorised to +establish the security right in respect thereof. +C. The security contract shall include a description for the Pledge which may be described generally or specifically, allowing its identification. This shall include its +descript ion as the full funds of Pledgor, certain or general category or certain or +general classification of funds of Pledgor. +D. The security contract shall include a description for the liability secured in the +security right. The Executive Regulation of this Law shall determine the degree and +kind of description, mentioning the maximum secured liability. +E. The Pledgee shall pay the amount agreed upon in the security contract or shall be +committed to pay such amount. +2. The security right shall secure one or more liability of any kind, whether current or +future, recognised or recognisable, completed or conditional, fixed or variable. +3. The security right shall be automatically extended to the returns and proceeds of Pledge +and its replacement, unless the parties otherwise agree. + +Federal Law No. 4 of 2020 on Securing the Rights in Movables 7 + " +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (9) +Keeping the Pledge +The Pledge holder shall take the care of usual person in keeping it, in line with its nature, +unless there is an agreement on taking special care. + +Chapter Five +Enforcement of the Security Right Against Third Party +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (10) +Enforcement Methods of the Security Right Against Third Party +1. The security right shall be enforced against third parties using any of the following methods: +A. Registering a registration in the Register according to provisions of this Law. +B. Delivering the possession of the Pledge to the Pledgee. +C. Controlling the Pledge by the Pledgee. +2. The replacement of the method of enforcing the security right from registration to +possession or vice versa shall not affect the continued enforcement of security right +thereon against third party. +3. The Registration may be registered before establishing the security right or concluding the security contract in connec tion with registration, provided the written consent of +Pledgor shall be obtained. +4. Unless otherwise agreed, the Pledgee shall pay the charges and costs of registration of the security right in the Register. + +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (11) +Enforcement of Security Right on Returns +1. The security right shall remain enforced against third party on the Pledge returns, +proceeds, amount and its replacement without need to take any procedure. +2. The enforcement of security right sh all expire against third -party on the returns if the +right of Pledgee thereon is not registered within (15) fifteen working days from the date +Federal Law No. 4 of 2020 on Securing the Rights in Movables 8 + they are received by the Pledgor, unless the Pledge returns are cash and recognisable or +described in the registr ation. + +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (12) +Registering the Registration +The registration shall be made through the Register in accordance with the procedures determined by the Executive Regulation of this Law. + +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (13) +Provisions for Accounts Receivable +No condition in an ag reement restricting the right of Pledgor in establishing a security right +on accounts receivable shall affect the validity of establishing the security right on the accounts receivable or its enforcement. However, the party requires the recording therefor shall have the right to recourse to the Pledgor claiming his rights. + +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (14) +Security Right Transfer +The Pledgee may transfer the security right without obtaining the approval of Pledgor. The +transfer may be registered as an amendment to the registrat ion. The failure of registration of +the amendment shall not affect the enforcement of security right against third party. + +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (15) +Registration of Attachment on Pledge +1. If an order or judgement is issued to impose the precautionary or executive at tachment +on Pledge, the one for whom the order or judgement is issued shall enforce the rights decided by the order or judgement on the Pledge by registering the registration +according to provisions of this Law or possessing the movable. +2. The order or judgement issued according to Clause (1) of this Article shall be enforced +against third party from the date and time of its registration in the Register, as +Federal Law No. 4 of 2020 on Securing the Rights in Movables 9 + determined under the priority according to provisions of this Law. + +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (16) +Regis tration Cancellation +1. The Pledgee shall be committed to cancel the registration in the following cases: +A. If the Pledgee agrees with the Pledgor to strike off the registration from the Register. +B. If the security right is forfeited as a result o f the fulfilment of the full secured liability +under the security contract or for any reason before the expiration of the period set +in the Register. +C. If the establishment of the security right is not completed under Clause (3) of article (10) hereof. +D. If the court issues an order to strike off the registration from the Register under the +provisions hereof. +2. The Pledgee shall cancel the registration within (5) five working days from the date of +realisation of any of the cases stipulated in Claus e (1) of this Article. +3. If the Pledgee does not cancel the registration within the period determined in Clause (2) of this Article, he shall be responsible for compensating the Pledgor for any actual +damage caused thereto. +4. The effect of cancellation of registration shall not be extended to the right of other +Pledgees who have rights applicable under the same security contract, unless they agree +in written. + +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (17) +Effects of Enforcement against Third Party +1. The enf orcement of security right against third party shall result in priority of the Pledgee +to be ahead of other creditors in fulfilling his rights in the Pledge. Such priority shall be +determined based upon the date and time of enforcement of security right ag ainst third +party. +2. The enforcement of security right against third party shall result in priority of right of the +Pledgee and his right in being ahead of the unsecured debts and privileged debts, +Federal Law No. 4 of 2020 on Securing the Rights in Movables 10 + including the debts entitled to the Pledgor employees and works and any other d ebts +entitled to the public treasury, such as unpaid taxes. +3. The priority of security right shall be extended to all secured liabilities including, the +liabilities resulted after the security right becomes enforced against third party. +4. The priorit y of security right shall include all movables constituting the Pledge and +described in the registration registered in the Register, whether owned by the Pledgor or established before or after the date of registration. +5. The awareness of the Pledgee that there is a security right competing his right shall not +affect the security right prescribed under provisions of this Law. +6. It is permissible to stipulate in the Executive Regulation on additional priority rules +related to a kind or more of the Pledg e types. + +Chapter Six +Right of Tracking and Priority +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (18) +Right of Tracking +1. The enforcement of security right against third party shall result that the Pledgee will +have the right in tracking the Pledge with any person to whom it is transferred to execute +thereon and fulfil his rights. +2. Save the provision of Clause (1) of this Article, the Pledge shall be transferred free from +any security right to its purchaser or tenant or to any other person acquiring a right +thereon if agreed by the Pledgee. +3. If it is a material property, the Pledge shall be referred to its purchaser free fr om any +security right if it is disposed of within the course of ordinary business of seller, provided the purchaser shall not be aware at the time of concluding the sale agreement that the +sale breaches the rights of the Pledgee under the security contract . + + + +Federal Law No. 4 of 2020 on Securing the Rights in Movables 11 + " +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (19) +Priority of Security Right for Purchase Financing +1. The security right for financing the purchase of equipment, inventory, intellectual +property rights and the rights under a licensing agreement related to the intellectual +property right s shall be ahead of any other competing security right not related to a +purchase financing established by the Pledgor if a registration is registered in the Register on the security right for purchase financing within (7) seven working days from +the possession of Pledgor to the equipment or inventory or concluding an agreement of +sale or licensing the intellectual property rights of Pledgor. +2. The security right for purchase financing on the returns or inventory of accounts +receivable shall have lower pr iority than the security rights established on the accounts +receivable registered in the Register at earlier date, unless the Pledgee, the holder of +security right for purchase financing, notifies the other Pledgee. + +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (20) +Priority of Security Right over Property by Allocation +1. Save the provision of Civil Transactions Law, the security right established on the Pledge +shall remain after it becomes a property by allocation. In this case, the security right shall +be enforced against third party, including the Pledgees holding current rights on the property before the date of allocation or established thereafter. +2. Notwithstanding the provision of Clause (1) of this Article, the security right established on th e Pledge that becomes a property by allocation shall not be enforced against the +Pledgee of the property if the Pledge is allocated for the property before authenticating the transaction of mortgaging the property and the date of authentication of such transaction is preceding the date of registration of the security right in the Register. + +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (21) +Priority of Right in Set -off +The right of banks and financial institutions licensed to keep the deposits according to other +Federal Law No. 4 of 2020 on Securing the Rights in Movables 12 + laws in conducting set -off among the liabilities owed to them by the Pledgor and the right of +Pledgor to receive the cash amounts deposited in his account with the bank shall have +priority over any other security right established on the accounts they keep. + +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (22) +Priority over Crop Yields +If the Pledgor possesses a property lawfully in order to use it in farming the crop yields, the +security right he establishes on the crop farmed in such property, which has been enforced +against third party in accordance with provisions of this Law , shall be ahead of any mortgage +or any other right on such property. + +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (23) +Security Right on Interchangeable Items +1. A security right may be established on the interchangeable items before merging into +their counterparts so as the security right remains enforced thereon after merging. +2. If the security rights enforced against third party multiplied on the same product or mass, +such rights shall be equal in priority on the product or mass. Each Pledgee shall fulfil his +right from the product or mass per the Pledge belonging to him to the mass or product at +the time of merging. + +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (24) +Waiver of Priority +1. The P ledgee may waive the priority prescribed thereto according to provisions of this +Law in written, provided the waiver shall be made within his secured rights and shall not +affect the rights of other Pledgees. +2. The waiver of priority may be registered as an amendment to registration. The failure to +registration of amendment shall not affect the enforcement of security right against third +party or the priority thereof. + +Federal Law No. 4 of 2020 on Securing the Rights in Movables 13 + Chapter Seven +Rights of Pledgee and Acting in Good Faith +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (25) +Rights of Pledge e Acquiring the Pledge +1. The Pledgee acquiring the Pledge shall have the following rights: +A. Recovering the reasonable expenses incurred in keeping the Pledge. +B. Using the Pledge reasonably, in addition to the resulting returns for fulfilling the +secured liability. +2. The Pledgee not acquiring the Pledge shall inspect it when it is acquired by the Pledgor +or any other person on behalf of him. +3. Each person shall be committed to practice his rights and execute his liabilities under this +Law, in line with good faith. + +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (26) +Offer to Possess Pledge +1. The Pledgee and Pledgor may agree on having the Pledge possessed by the Pledgee +wholly or partially to fulf il his rights. +2. The Pledgee shall notify other holders of rights on the Pledge registered in the Register. +3. Any person having rights of the P ledge shall have the right to object to the Pledgee to the +offer of possessing the Pledge to fulfil the secured liability according to provisions of this Article, within (10) ten working days from the date of being notified of the possession offer. +4. It is required to obtain the approval of any person having rights secured by the Pledge to +object the offer of possessing the Pledge to fulfil the secured liability according to provisions of this Article, within (10) ten working days from the date of being notified of +the possession offer. +1. The Pledgee may request the Court to adjudicate any objection within (10) +ten working days from the date of submitting the objection. The decision in this regard +shall be final and unchallengeable through any of the c hallenge means. +Federal Law No. 4 of 2020 on Securing the Rights in Movables 14 + 6. If no objection is submitted to the Pledgee against the possession request or if the +Pledgee gets the approval stipulated in Clause (4) of this Article, he may possess the +Pledge in full or in part to fulfil the secured liability. +7. If the Pledgee does not practice his right in recourse to the Court according to provisions +of Clause (5) of this Article or if the Court decides accepting the objection, the execution +shall be made on the Pledge according to procedures stipulated in this Law. + +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (27) +Right of Pledgee to Execute on Pledge Unilaterally +1. If the Pledgor or Pledged person breaches the liabilities provided in the security contract, +the Pledgee shall notify the Pledgor and Pledged person in written of his intent to +acquire the Pledge, execute thereon, separate it from any other property attached +thereto, if required, and dispose of it within the period specified in the notice. This shall +be made according to the following requirements: +A. Notifying other holders of rights on the Pledge registered in the Register. +B. Notifying the Pledge acq uirer if it is acquired by a third party. +C. Notifying the property owner where the Pledge exists, the Pledgee of such property, +owner of the movable to which the Pledge is attached and acquirer of such movable. +2. The notice should be submitted under Clause (1) at least (7) seven working days prior +the sale, disposal by other method, leasing or licensing, and it shall include the information stipulated in the Executive Regulation. +3. Without submitting a request to the Court, the Pledgee may specify the method, means, time, place and other aspects of sale or disposal by other method or leasing or licensing +by use including, whether he will sell, dispose by other method, lease or license the +Pledge unilaterally, over groups or fully and whether through public or exclusive +auction. +4. The Pledge s hall be referred to its purchaser or to any other transferee acquiring a right +thereon free from the security right belonging to the executing Pledgee and any other +rights on the Pledge, save the rights having priority over the right of executing Pledgee. +5. Upon disposal of the Pledge according to provisions of this Article, the executing Pledgee +Federal Law No. 4 of 2020 on Securing the Rights in Movables 15 + shall: +A. Use the proceeds of execution to fulfil the secured liability after deducting the +reasonable expenses for execution. +B. Pay back any surplus from the returns and proceeds of execution to any person +having a right on the Pledge with lower priority who has notified the Pledgee +conducting the execution of his claim prior the distribution of the proceeds, in +addition to the limits of such claim, then, t o return the balance to the Pledgor. + +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (28) +Execution on Pledge if it is an Account Receivable, Written Bond or Account +Payable +If the Pledgor or Pledged person breaches the liabilities provided in the security contract, the +Pledgee may execute on th e Pledge by fulfilling his right thereon directly without recourse to +any judicial proceeding in any of the following cases: + 1. If the Pledge is an account payable with banks, it shall be fulfilled with expenses through +set-off if the Pledgee if the bank keeping such account. The Pledge shall be claimed if the +account is with another bank. +2. If the Pledge is written bonds or documents transferable through delivery or endorsemen t, the execution shall be made by disposal thereof through its delivery or +endorsement if its value is equal to the security right or by fulfilling the amounts or +owning the goods represented by such bonds and selling them and fulfilling his rights +from th e sale price. +3. If the Pledge is accounts receivable, the Pledgee shall have the right to fulfil any of the payments from the debtor by accounts receivable even before the breach if agreed by the Pledgor. In case of selling the accounts receivable, the Pledgee shall have the right to +fulfil the accounts receivable at any time. +4. The security right shall be executed in the cases stipulated in this Article when the +Pledgee notifies the Pledgor and the Pledged person or the bank keeping the account +payab le or holder of bonds or documents, as the case may be, in order to transfer the +Federal Law No. 4 of 2020 on Securing the Rights in Movables 16 + amounts from the account to the bank account of the Pledgee or to enable him to +acquire the bonds or documents, as the case may be. +In all cases, the Pledgee and Pledgor may agree in written on the prior waiver of the Pledgor to the right of being notified of the procedures of execution on the Pledge that is made according to provisions of this Article. + +Chapter Eight +Execution through Judiciary +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (29) +Request of Acquiring the Pledge +1. Without prejudice to the rights of the Pledgee in undertaking the usual judicial +proceedings, the Pledgee may request the Judge of Urgent Matters to issue a decision to +acquire the Pledge and execute thereon according to provisions of this Law. +2. The re quest of Pledgee may include the necessity of placing the Pledge under control of +a third person at the cost of Pledgor in order to execute thereon and sell it immediately +according to provisions of this Law. +3. The request should be accompanied by the f ollowing: +A. A copy of security contract and an extract for registering the security right in the +Register. +B. Name and address of execution applicant. +C. Names and addresses of the Pledgor and Pledged person. +D. Name of Pledge acquirer if it is acquired by a third party. +E. Name of owner of the movable to which the Pledge is attached and acquirer of such movable, if he is another person, owner of property where the Pledge exists and +acquirer of such property, if he is another person, and the address of each of them, as +the case may be. +4. Each interested party may object the request of acquiring for the execution with the Judge of Urgent Matters within (5) five working days from the date of being informed of the request. + +Federal Law No. 4 of 2020 on Securing the Rights in Movables 17 + " +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (30) +Fulfilment of Secured Liability +The Pledgor or the Pledged person may fulfil the secured liability of the execution, in +addition to the fees and expenses to the treasury of the Court where he submits the request +within (5) five work ing days from the date of being informed of the execution request. + +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (31) +Order of Permission of Acquiring +1. The Judge of Urgent Matters shall adjudicate the request and any objection thereto within (5) five working days from the termination of t he period stipulated in article (30) +of this Law. He may adjudicate and the parties do not attend. +2. The decision of the Judge of Urgent Matters issued according to Clause (1) of this Article shall be challenged before the Court of Appeal within (5) five working days from the +date of issuance of decision. The Court of Appeal shall adjudicate the challenge within +(10) ten working days from the date it is submitted. Its decision in this regard shall be +final and unchallengeable through any challenge means. +3. Unless the Court of Appeal deems otherwise, the submission of appeal shall not result in suspending the execu tion of decision of Judge of Urgent Matters. The Court of Appeal +may oblige the appellant to provide a bank security with certain amount. +4. Subject to provision of article (35) of this Law, the issuance of decision of acquiring and +execution on Pledge s hall not result in maturity of any other debts secured by the Pledge +unless the Court otherwise decides. +5. Upon a request from the Pledgee, the Judge of Urgent Matters may agree on using the +task force for executing the decision of acquiring, and the re gistrar and policemen shall +attend. +6. In case of a decision on acquiring for executing on the Pledge, the registrar shall prepare a minute including a detailed description for the status of Pledge, the property where it +exists and the movable to which it is attached, as the case may be. A copy of this minute +shall be deposited in the file. + +Federal Law No. 4 of 2020 on Securing the Rights in Movables 18 + " +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (32) +Reform of Pledge to Prepare it for Sale or Use +1. The Pledgee, once he is enabled from acquiring the Pledge, shall submit a petition to the +Judge of Urgent Matters requesting to permit him to make necessary reforms on the +Pledge and prepare it for sale at his cost; the resulting expenses shall be added to the +secured debt. +2. The petition mentioned in Clause (1) of this Article may include a request for issuing a +decision to permit the Pledgee to use the Pledge and receive its profits, benefits and +other amounts resulting from its use, and any expenses p aid by the Pledgee shall be +deducted from what is received. + +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (33) +Procedures of Sale +1. The Court may authorise the Pledgee, following the issuance of the decision allowing +him to acquire the Pledge and execute thereon, to sell it, provided that he acts with +sufficient care for the sale thereof at a higher price that is not lower than the market price +without following any of the sale procedures set forth in the Civil Procedure Law +mentioned. +2. The Court, if finds necessary for keeping the Pled ge, may determine in the authorisation +the requirements or method of sale. It may set a minimum for the sale price. +3. The Court may decide to allow the Pledgor to sell the Pledge if it was proved that he is +able to sell it at a higher price, within the period specified by the Court and under the +supervision of the Pledgee or the Court. +4. Notwithstanding the provisions of Clause (1) of this Article, if the Pledge was exposed to +destruction, damage or depreciation or if the acquisition thereof entails g reat expenses +and the Pledgor or Pledged person do not wish to provide a substitute thereof, the Pledgee may ask the Court for permission to sell it immediately and the security shall be transferred to the proceeds of sale. + +Federal Law No. 4 of 2020 on Securing the Rights in Movables 19 + " +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (34) +Transfer of Rights at Sale +The sale of Pledge according to procedures stipulated in this Law shall result in clearing it +from the rights thereon and such rights shall transfer to the proceeds of sale. + +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (35) +Clearance of Pledge from Liabilities +1. Any person, while the procedures of execution are proceeded, may offer the Pledgee -under a notice - to fulfil his rights on the Pledge in full, including the expenses of +execution thereon, in order to clear them from their liabilities. +2. The Pledgee informed of the notice stipulated in Clause (1) of this Article may accept the +offer in written within (5) five working days from the date of being notified of the notice +and confirmation of acceptance. +3. The offering person shall fulfil all liabilities resulting from the Pledge to the Pledgee prior +the offer in accordance with the agreement, within no more than five working days from +the termination of period mentioned in Clause (2) of this Article. The one fulfilling the +rights shall substitute the Pledgee with the same priority. +4. The person clearing the Pledge according to provisions of this Article may keep it +acquired by the Pledgor or proceed the execution on Pledge according to provisions of +this Law. + +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (36) +Deposit of Proceeds of Execution +The Pledgee who has executed on the Pledge according to provisions of article (33) of this +Law shall deposit the proceeds of execution in the treasury of Court which the sale is made +in its jurisdiction within tw o working days, according to the form of report of procedures of +sale determined in the Executive Regulation of this Law. + + +Federal Law No. 4 of 2020 on Securing the Rights in Movables 20 + " +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (37) +Distribution of Proceeds of Execution +1. The Court which the sale is made in its jurisdiction shall prepare a list for distributing the +proceeds of execution as per the priorities determined in this Law and inform the +execution applicant and other holders of rights on the Pledge. It may issue an order for +any of them to prove his right on the Pledge. The proceeds of sale shall be distributed +within (5) five working days from the date of distribution decision of the Court. +2. The proceeds of execution on the Pledge shall be distributed according to the following +order: +A. Expenses of keeping and reforming the Pledge and preparing it for sale, and any fees +paid for licensing, keeping and using it according to provisions of the Law. +B. Fees and expenses of execution on Pledge, including the judicial fees. +C. Rights of Ple dgees as per their priorities determined in this Law. +D. The remaining of returns of Pledge and proceeds of execution shall be distributed as +per the priorities determined in the laws applicable in State. +3. If the returns of Pledge and proceeds of exe cution are not sufficient to fulfil the liabilities +resulting thereon, the Pledged person shall remain responsible towards the Pledgee for any depreciation in value of the debt. In this case, the depreciation shall be deemed +ordinary debt. +4. The surplus of returns and proceeds of execution shall be paid pack to the Pledgor. + +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (38) +Suspension of Execution +1. The Pledgor may request the Judge of Urgent Matters, during the procedures of +execution, to order the suspension of execution on the Pledge within no more than (5) +five working days for justified reasons. +2. The Judge of Urgent Matters may grant the Pled gor and the Pledgee an opportunity to +negotiate for reaching a settlement within the period he determines or within the period +agreed upon by the Pledgor and Pledgee. +3. The Judge of Urgent Matters may agree on the request of suspension of execution if h e +Federal Law No. 4 of 2020 on Securing the Rights in Movables 21 + deems that the outcome of execution is not possible to be corrected. In case of deciding +the suspension of execution, the suspension applicant shall be assigned to provide a +monetary insurance or bank security to be determined by the Judge to secure the failure +and damage that may be caused to the Pledgee. +4. The decision of Judge of Urgent Matters issued in the request of suspension of execution +shall be final and unchallengeable through any challenge means. + +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (39) +Pledgor Bankruptcy +The security right enforced against third parties according to provisions of this Law at the +time of proceeding the procedures of bankruptcy of Pledgor shall remain enforced against +third parties, and shall keep the priority prescribed thereto prior the procedures of +bankruptcy. + +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (40) +Compensation of Pledgor and Pledged Person +The Pledgee shall be responsible for compensating the Pledgor and Pledged person and +holder of a right on the Pledge for any failure, damage or lost profit resulting from his +violation to procedures of execution stipulated in this Law. + +Chapter Nine +General Provisions +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (41) +Notice and Informing according to Provisions of this Law +Persons to be informed according to provisions of this Law shall be notified and informed at the address provided in the Register. The notice and informing via the email address shall be +valid if the one to whom the informing is sent agrees in written on d eeming such email +address approved for informing purposes. + +Federal Law No. 4 of 2020 on Securing the Rights in Movables 22 + " +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (42) +Law Applicable to Security Rights on Intangible Funds +Law of Domicile of Pledgor, as determined in the Executive Regulation of the Law, shall +apply to the establishment of security rig ht and its enforcement against third parties, the +priority and execution of security right on the Pledge if it is an intangible movable. + +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (43) +Priority of Application of Provisions of this Law +Provisions of other laws including, Civil Transactions L aw, Commercial Transactions Law, +Finance Leasing Law and Civil Procedure Law shall apply where there is no special provision +is made in this Law and without contradiction with its provisions. + +Chapter Ten +Punishments +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (44) +Punishments on Committing Acts +The Pledgor, Pledgee, Pledged person or Pledge acquirer shall be punished of imprisonment +and a fine of no more than (60,000) sixty thousand dirhams or by both punishments in case +of committing any of the following acts: +1. Deliberate registration of a security right other than reality or in violation to provisions of +this Law. +2. Deliberate damage of Pledge, disposal thereof in violation to the security contract, depreciation of its value or the rights of Pledgees, or committing any act resultin g in +preventing them from fulfilling their rights from its returns or the proceeds of execution +thereon. +3. Deliberate hampering of procedures of execution on Pledge including, the procedures of +acquiring, selling it or distributing its returns or proceeds of execution thereon according to provisions of this Law. + +Federal Law No. 4 of 2020 on Securing the Rights in Movables 23 + " +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (45) +Responsibility for Legal Persons +Any of members of board of directors, board of administrators, joint partners and employees +appointed at the legal person committing any of the acts stipulated in article (44) of this +Law, shall be punished by imprisonment and a fine of no more than (60,000) sixty thousand +dirhams or by both punishments, unle ss it is proven that he does not know or participate in +taking the decision including a violation to provisions of this Law and he proved his +objection thereto. + +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (46) +Severe Punishment +The application of the punishments stipulated herein shall not p rejudice any more severe +punishment stipulated by any other law. + +Chapter Eleven +Final Provisions +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (47) +Issuing the Executive Regulation +1. The Executive Regulation of this Law shall be issued by a resolution from the Cabinet upon a proposal from the Minister, within six months as of the date of its publication. +2. The Cabinet shall issue the resolutions required for applying the provisions of this Law +including, the amendment of any periods stipulated therein, upon a proposal from the Minister. + +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (48) +Past Transactions and Regularisation +1. Any Pledgee may register the security rights resulting from any transaction made prior +the issuance and effectiveness of the Executive Regulation of this Law without need to +the approval of Pledgor. +Federal Law No. 4 of 2020 on Securing the Rights in Movables 24 + 2. The rights mentioned in Clause (1) of this Article s hall be registered within six months +from the date of effectiveness of the Executive Regulation of this Law. +3. The priority of rights registered within the period determined in Clause (2) of this Article +shall be determined from the date they become enf orced against third parties according +to the laws established thereunder, otherwise, they shall become enforced against third +parties from the date they are registered. + +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (49) +Repeal of Legalisation +1. The Federal Law No. (20) of 2016 on Mortgagin g of Movables as Security for Debt shall +be repealed, as well as any provision violates or contradicts with the provisions hereof. +2. The regulations, decisions and circulars related to the above -mentioned Federal Law +(20) of 2016 shall remain applicable, without prejudice to the provisions hereof, until +the alternative regulations, decisions and circulars that are going to replace them are +issued. + +" +justice and juiciary,Federal Law No. (4) of 2020 Regarding Securing the Rights in Movables,"Article (50) +Law Publication and Entering into Force +This Law shall be published in the Official Gazette and enter into force on the day following the date of its publication. + + +Khalifah Bin Zayed Al Nahyn +UAE President + +Issued by us at the Presidential Palace in Abu Dhabi: +Date: 5 Shawaal 1441 AH +Corresponding to: 28 May 2020 AD + + " +justice and juiciary,Federal Law No. (6) of 1978 Regarding Establishing Federal Courts and Transferring Powers of Local Judicial Authorities in Some Emirates to Such Courts,"Article (1) +First Instance Courts existing in the capitals of the Emirates of Abu Dhabi, Sharjah, Ajman and +Fujairah at the time of enactment of this Law shall be Federal Courts of First Instance. First +Instance Courts existing in the citi es or areas other than those in the capitals of the said +Federal Law of 1978 regarding establishing federal courts and transferring powers of local judicial authorities in +some Emirates to such courts. 2 + Emirates shall be departments subsidiary to the Federal Courts of First Instance. +The Courts of Appeal existing in the capitals of the aforesaid Emirates shall be Federal Courts +of Appeal. + +Article (1 BIS) +The courts and competences of the judicial Authority in the emirate of Um Al Quwain shall be +combined with the federal courts. + +" +justice and juiciary,Federal Law No. (6) of 1978 Regarding Establishing Federal Courts and Transferring Powers of Local Judicial Authorities in Some Emirates to Such Courts,"Article (2) +Shall be transferred to the Federal Courts prescribed in the aforesaid article the jurisdictions +undertaken by the local judicial tribunals existing in the aforesaid emirates. + +" +justice and juiciary,Federal Law No. (6) of 1978 Regarding Establishing Federal Courts and Transferring Powers of Local Judicial Authorities in Some Emirates to Such Courts,"Article (3) +Subject to the provision of the preceding article, the Federal Court s of First Instance – each in +its own capacity – shall have the jurisdiction to examine: +1. Civil, commercial, and administrative disputes between the Union and individuals +whether the Union is acting in the capacity of plaintiff or defendant therein. +2. Crimes with exception to those subject to the Union Supreme Court’s jurisdiction +pursuant to article (9 9) of the Constitution. +3. Personal status, civil, commercial, and other cases between individuals. + +" +justice and juiciary,Federal Law No. (6) of 1978 Regarding Establishing Federal Courts and Transferring Powers of Local Judicial Authorities in Some Emirates to Such Courts,"Article (4) +The Court hearings shall be held in public, unless the Court decides, at its own discretion, or +at the request of the public prosecution or a lit igant, to hold same in closed chambers to +Federal Law of 1978 regarding establishing federal courts and transferring powers of local judicial authorities in +some Emirates to such courts. 3 + maintain public order or manners. +In all cases, the verdict shall have to be pronounced in a public hearing. + +" +justice and juiciary,Federal Law No. (6) of 1978 Regarding Establishing Federal Courts and Transferring Powers of Local Judicial Authorities in Some Emirates to Such Courts,"Article (5) +The courts of first instance's verdicts shall be rendered by an individual judge, while those +rendered by the courts of appeal shall be made by a panel of three judges. + +Article 5 (BIS) +In exemption of the provisions of the preceding article, judgments of the First Instance +Courts shall be issued by a panel of three judges in certain civil a nd commercial disputes as +determined by the Law governing the procedures of civil courts. +And the judgments of criminal circuits shall be issued by a panel of three judges at the Court +of Appeal in crimes of premeditated murder, rape, and theft with coercion, with exception to +crimes affection the Union’s security and interests which fall under the jurisdiction of the +Union Supreme Court – and the said judgments issued by the Criminal Circuits cannot be +appealed, however they may be objected to by cas sation in accordance with the provisions +of article (20) of Federal Law No. (17) of 1978 referred to above . + +" +justice and juiciary,Federal Law No. (6) of 1978 Regarding Establishing Federal Courts and Transferring Powers of Local Judicial Authorities in Some Emirates to Such Courts,"Article (6) +Verdicts shall be inclusive of the grounds on which they were based. + +" +justice and juiciary,Federal Law No. (6) of 1978 Regarding Establishing Federal Courts and Transferring Powers of Local Judicial Authorities in Some Emirates to Such Courts,"Article (7) +Litigants may contest the verdicts of the federal courts before the Supreme Federal Court in +the cases and according to the procedures enforced by the law promulgated in this respect. +Federal Law of 1978 regarding establishing federal courts and transferring powers of local judicial authorities in +some Emirates to such courts. 4 + +" +justice and juiciary,Federal Law No. (6) of 1978 Regarding Establishing Federal Courts and Transferring Powers of Local Judicial Authorities in Some Emirates to Such Courts,"Article (8) +The Federal Courts shall apply the provisions of the Islamic Sharia, federal laws and other laws +in force, as well as applying the rules of custom and general legal principles insofar as they do +not contravene the provisions of Sharia. + +" +justice and juiciary,Federal Law No. (6) of 1978 Regarding Establishing Federal Courts and Transferring Powers of Local Judicial Authorities in Some Emirates to Such Courts,"Article (9) +Verdicts shall be rendered by the federal courts and executed in the name of the President of +the UAE. + +" +justice and juiciary,Federal Law No. (6) of 1978 Regarding Establishing Federal Courts and Transferring Powers of Local Judicial Authorities in Some Emirates to Such Courts,"Article (10) +Disputes looked into before the courts and which have become by virtue of this Law under +the jurisdiction of the federal courts shall be transferred to this latter as is and without fees. +However, this provision shall not apply to the lawsuits where pleading is closed and stayed +for a verdict to be pronounced. + +" +justice and juiciary,Federal Law No. (6) of 1978 Regarding Establishing Federal Courts and Transferring Powers of Local Judicial Authorities in Some Emirates to Such Courts,"Article (11) +The staff working in the local judicial tribunals in the emirates stated in article (1) hereof, +including judges, public prosecutors, clerks, summoners etc., shall be transf erred to the federal +courts as is and with the same seniority and salaries. +Judges and public prosecutors shall take the legal oath before the Minister of Justice, Islamic +Affairs and Awqaf as follows: +(I do solemnly swear by God Almighty to discharge my d uties rightfully and impartially, +Federal Law of 1978 regarding establishing federal courts and transferring powers of local judicial authorities in +some Emirates to such courts. 5 + without fear or favor, and keep the UAE constitution and laws.) +The oath taken by the public prosecutors shall be in the presence of the Attorney General. + +" +justice and juiciary,Federal Law No. (6) of 1978 Regarding Establishing Federal Courts and Transferring Powers of Local Judicial Authorities in Some Emirates to Such Courts,"Article (12) +Subject to what is provided for in Federal Law No. ( 17) of 1978 and Federal Law No. (3) of +1983 referred to above, there shall be adherence before the Federal Courts of First Instance +and Federal Courts of Appeal to the procedures and rules on the execution of judgments +applicable in each Emirate – and what ever amendments that may impact such rules and +regulations – until such time as the Law regulating the procedures before the Federal Courts +is promulgated. + + +" +justice and juiciary,Federal Law No. (6) of 1978 Regarding Establishing Federal Courts and Transferring Powers of Local Judicial Authorities in Some Emirates to Such Courts,"Article (13) +Legal fees before the federal courts shall be determined by a decree. Until such time as this +decree is issued, the rules currently in place shall remain applicable. + +" +justice and juiciary,Federal Law No. (6) of 1978 Regarding Establishing Federal Courts and Transferring Powers of Local Judicial Authorities in Some Emirates to Such Courts,"Article (14) +The Minister of Justice shall have the authority to supervise federal courts in such a manner +that would ensure the performance of their mission and realize the due course of justice +without prejudice to the autonomy of the judiciary system. Forming the courts circuits and +assigning judges thereto shall be vide a decree issued by the Minister of Justice. + +" +justice and juiciary,Federal Law No. (6) of 1978 Regarding Establishing Federal Courts and Transferring Powers of Local Judicial Authorities in Some Emirates to Such Courts,"Article (15) +Federal Law of 1978 regarding establishing federal courts and transferring powers of local judicial authorities in +some Emirates to such courts. 6 + The Minister of Justice, Islamic Affairs and Awqaf and the concerned authorities in the +emirates mentioned in article (1) shall execute the provisions of this Law. + + +" +justice and juiciary,Federal Law No. (6) of 1978 Regarding Establishing Federal Courts and Transferring Powers of Local Judicial Authorities in Some Emirates to Such Courts,"Article (16) +This Law shall be published in the Gazette and become enforceable as of the date of its +promulgation. + +[Signed] +Zayed bin Sultan al Nahyan, +President of the United Arab Emirates +Promulgated by us in the Presidential Palace in Abu Dhabi, On: + Jumada Thani 29, 1398 A.H. +Corresponding to: 5/6/1978 A.D. + + " +justice and juiciary,Federal Decree by Law No. (13) of 2021 Establishing and Regulating the Federal Judicial Enforcement Office,"Article (1) + Definitions +In application of the provisions of this Law by Decree, the following words and phrases shall +have the meanings assigned to each of them, unless the context requires otherwise : + +State : United Arab Emirates. +Court : Presidential Court. +Chairman : Chairman of the Presidential Court. +Public +Prosecution : Federal Public Prosecution. +Attorney General : Federation Public Prosecutor. +Office : The Federal Judicial Enforcement Office . +Concerned +Entities : Federal and Local Authorities related to the work of the Office. + +Director General : + Director of the Federal Judicial Enforcement Office. + +Office +Employees + : Officers, non- commissioned officers, privates of other ranks, +guards and civil servants working in the Office. + +Officer : Everyone with the rank of Lieutenant and above. +Non -commissioned +Officer : Everyone whose rank is less than the rank of officer and not +less than the rank of first policeman. +Private : Everyone whose rank is less than the rank of +non -commissioned officer . +Federal Law No. ( 13) of 2021 Establishing and Regulating the Federal Judicial Enforcement Office 3 + Guard + : Every person entrusted with duties of guarding, carrying +weapons, and using them in accordance with the provisions of +the Law, without having an official rank. +Guarding +Companies : Companies that provide a security service based on a licence +issued theret o in accordance with the legislation in force in the +State. + +" +justice and juiciary,Federal Decree by Law No. (13) of 2021 Establishing and Regulating the Federal Judicial Enforcement Office,"Article (2) + Objectives of the Law +This Law by Decree aims to: +1. Support and assist the competent State agencie s in maintaining security and stability in a +manner that ensures response to the requirements of criminal justice related to security in society. +2. Assist the Public Prosecution in carrying out its duties, including verifying the occurrence +of crimes wi thin its jurisdiction, gathering evidence related thereto and looking for +perpetrators. +3. Coordinate with the concerned authorities in the field of law enforcement. + +" +justice and juiciary,Federal Decree by Law No. (13) of 2021 Establishing and Regulating the Federal Judicial Enforcement Office,"Article (3) + Establishment of the Office +1. A federal office named the ""Federal Judicial Enforcement Office"" shall be established to +be affiliated with the Public Prosecution. The Office shall have a legal personality, and +shall enjoy the legal capacity necessary to act, and the financial and administrative independence necessary to achie ve its objectives. +2. A decision of the Public Prosecutor shall be issued to arm the Office's Employees after +coordination with the competent authorities in the State, within the limits required by +the nature of their work. + + +Federal Law No. ( 13) of 2021 Establishing and Regulating the Federal Judicial Enforcement Office 4 + " +justice and juiciary,Federal Decree by Law No. (13) of 2021 Establishing and Regulating the Federal Judicial Enforcement Office,"Article (4) + The Office's Headquarters and Branches +The Office's headquarters shall be located in the Emirate of Abu Dhabi, and the Public +Prosecutor may issue a resolution to establish branches therefor in any other Emirate upon a +proposal from the Director General. + +" +justice and juiciary,Federal Decree by Law No. (13) of 2021 Establishing and Regulating the Federal Judicial Enforcement Office,"Article (5) + Competences of the Office +The Office shall: +1. Conduct research and investigation of crimes that the Public Prosecution engages in within the jurisdiction of the federal courts in accordance with the provisions of the +Constitution or Feder al Laws, with the exception of those that fall under the jurisdiction +of the State's Security Apparatus. +2. Execute the orders and decisions issued by the Public Prosecution in the crimes referred +to in Clause (1) of this Article. The local authorities s hall provide the necessary assistance +to the Office in accordance with the legislation in force in the State to implement said +decisions and orders. +3. Enforce criminal judgments issued by federal courts in coordination with the concerned +authorities. +4. Coordinate with the competent police departments at the State level. +5. Secure and guard the headquarters of the federal prosecution offices and courts. +6. Assume any other tasks assigned thereto by the Public Prosecutor within the limits of its +com petences and objectives. + +" +justice and juiciary,Federal Decree by Law No. (13) of 2021 Establishing and Regulating the Federal Judicial Enforcement Office,"Article (6) +Formation of the Office's Force +The Office's force shall consist of: +1. Military officers, non -commissioned officers, privates and guards who are appointed in +the Office or seconded from the agencies of the Ministry of Interior and the Police and +Federal Law No. ( 13) of 2021 Establishing and Regulating the Federal Judicial Enforcement Office 5 + Security Forces in any of the Emirates. +2. Civil servants and workers who are appointed or seconded in accordance with the +regulations and systems in force in the Office. + +" +justice and juiciary,Federal Decree by Law No. (13) of 2021 Establishing and Regulating the Federal Judicial Enforcement Office,"Article (7) + Powers of Office's Employees +The employees of the Office who are Officers and non -commissioner officers shall have the +capacity of judicial enforcement officers at the level of the Emirates of the State, in respect +with the crimes stipulated in article (5) of this Law by Decree. They shall exercise all the +powers and competences assigned to the judicial enforcement officers stated in the +afore mentioned Criminal Procedure and Police and Security Force Laws. + +" +justice and juiciary,Federal Decree by Law No. (13) of 2021 Establishing and Regulating the Federal Judicial Enforcement Office,"Article (8) + Director General +The Office shall have a Director General from among the military personnel, and a federal +decree shall be issued to name him based on th e nomination of the Public Prosecutor. + +" +justice and juiciary,Federal Decree by Law No. (13) of 2021 Establishing and Regulating the Federal Judicial Enforcement Office,"Article (9) + Director General Competences +The Director General is responsible for running the Office's work, representing it before +courts and in its relationship with others. He shall answer to the Public Prosecuto r for the +proper conduct of all the Office's affairs in accordance with the systems in force, and he shall in particular: +1. Issue decisions, orders and instructions to the departments affiliated with the Office, its +units and its employees to achieve the objectives assigned thereto and to organize the +workflow therein. +2. Supervise the implementation of all laws, regulations and systems related to the Office's +jurisdiction. +3. Lay down policies and strategic plans related to the work of the Office and submit them +Federal Law No. ( 13) of 2021 Establishing and Regulating the Federal Judicial Enforcement Office 6 + to the Public Prosecutor for approval. +4. Establish the organizing rules to ensure the security and confidentiality of information +related to the Office's activities. +5. Coordinate and cooperate with all concerned federal and local authorities. +6. Propose the financial and administrative regulations and systems and the organizational +structure of the Office and submit them to the Public Prosecutor. +7. Prepare the inter nal regulations and systems related to the work of the Office and +submit them to the Public Prosecutor for approval. +8. Preparing the regulations for delegation of powers, violations and sanctions and submit them to the Public Prosecutor for approval. +9. Prepare periodic reports on the workflow of the Office and evaluate the annual +performance of the Office's employees and submit them to the Public Prosecutor. +10. Prepare the annual draft budget and the final account of the Office and submit them in +accordance with the legislation in force in the Federal Government. +11. Approve financial transactions within the limits stipulated by the financial systems and +regulations in force in the Office and set the rules and procedures related to the +implementation of budget items in the purposes allocated thereto. +12. Provide necessary weapons or equipment to the Office's employees in line with the +nature of the Office's tasks and competences, in coordination with the competent +authorities. +The Director General may delegate some of his competences to one of the Office's senior military personnel, in accordance with what is specified in the regulation of delegation of +powers approved by the Public Prosecutor. + +" +justice and juiciary,Federal Decree by Law No. (13) of 2021 Establishing and Regulating the Federal Judicial Enforcement Office,"Article (10) + Financial Resourc es & Budget +The Office's resources shall consist of: +1. The annual financial sums allocated to the Office from the Court. +2. Thirty percent (30%) the proceeds of fees, fines and financial penalties as a result of the +implementation of criminal judgments issued by federal courts. +Federal Law No. ( 13) of 2021 Establishing and Regulating the Federal Judicial Enforcement Office 7 + 3. Any other revenues approved by the Cabinet. + +" +justice and juiciary,Federal Decree by Law No. (13) of 2021 Establishing and Regulating the Federal Judicial Enforcement Office,"Article (11) + Fiscal Year +The Office's Fiscal Year sh all commence on the first of January and ends on the thirty -first of +December of each year, provided that the first Fiscal Year shall commence on the date on +which this Law by Decree enters into force and ends on the thirty -first of December of the +followi ng year. + +" +justice and juiciary,Federal Decree by Law No. (13) of 2021 Establishing and Regulating the Federal Judicial Enforcement Office,"Article (12) + Finance Control +The Office is subject to the provisions of financial and administrative control in force in the +Federal Government. + +" +justice and juiciary,Federal Decree by Law No. (13) of 2021 Establishing and Regulating the Federal Judicial Enforcement Office,"Article (13) + Administrative and Financial Regulations +1. Notwithstanding any provision in any other law, the Cabinet shall, upon the proposal of +the Chairman, issue all the financial and administrative regulations and systems, +including the human resources regulations of the Office, and shall approve the +organizational structu re of the Office upon the proposal of the Chairman. +2. The Office's human resources regulations shall specify the conditions for appointment, military ranks, job grades, the system of promotion and training, controls for +determining seniority, and other provisions related to their discipline and termination of +service. +3. The Public Prosecutor may, upon the proposal of the Director General, grant bonuses to +the Office's military personnel and civilian employees, in accordance with what is +decided by the Office's work systems and financial regulation, within the limits of the +Federal Law No. ( 13) of 2021 Establishing and Regulating the Federal Judicial Enforcement Office 8 + budget approved to the Office. +4. Where there is no provision in the regulations and systems issued in implementation of +this Law by Decree, the Office shall be subject to the administrative and financial +regulation, and contract and procurement systems in force in the Federal Government. +5. The Cabinet may authorize the Chairman to issue all or some of the regulations for the +Office stipulated in this Law by Decree. + +" +justice and juiciary,Federal Decree by Law No. (13) of 2021 Establishing and Regulating the Federal Judicial Enforcement Office,"Article (14) + Filling Office's Positions by Secondment +1. The secondment of the military personnel stip ulated in Clause (1) of article (6) of this +Law by Decree may be determined by a decision issued by the Cabinet based on the +proposal of the Chairman. The secondment decision shall determine its duration and the +provisions for its renewal and termination in coordination with their employer. +2. The Public Prosecutor may, upon the proposal of the Director General, second any of the +military personnel or civil servants at the Ministry of Interior or any of the general police commanders in the Emirates of the State upon the approval of their employer and in +accordance with the applicable rules of secondment. +3. The secondment of military personnel shall be made with the same levels, ranks and all +their rights and privileges, without prejudice to their salaries and allowances; and the +period of their service in the Office shall be deemed as related to their service with their employers. +4. The systems for salaries, raises, allowances, bonuses and retirement pensions in force at +the authorities from which the military personnel are seconded to work at the Office +shall continue to be effective. + +Article (14) BIS +Filling Office's Positions by Appointment +1. The Office may appoint to the military staff and civilian positions; and all employees of +Federal Law No. ( 13) of 2021 Establishing and Regulating the Federal Judicial Enforcement Office 9 + the Office sh all be subject to the human resources regulations in force in the Office. +2. The Office's military personnel must spend five (5) years if the Office has sponsored him +during the study phase, and he may not leave service d uring this period except in cases +stipulated in the regulations in force in the Office. +3. The authority competent to appoint employees of the Office from among the military personnel shall be as follows: +A. From the rank of lieutenant colonel and above, shall be appointed by a federal +decree. +B. From the rank of lieutenant to the rank of major shall be appointed by decision of the Chairman upon the recommendation of the Public Prosecutor. +C. Non-commissioned officers and privates shall be appointed by decision of the Public +Prosecutor upon the recommendation of the Director General. +4. The seniority of officers shall be determined in the decisions or decrees issued for their +appointment or promo tion to those ranks. +5. Before starting their duties, military personnel shall take the following oath: +""I swear by God Almighty to be loyal to the State of the United Arab Emirates and its +President, to respect its constitution and laws, to work truthfully and honestly, and to +obey all orders issued to me by my superiors"". +6. The military personnel shall take the oath referred to in the preceding Clause before the +Public Prosecutor, and in all cases, a report of the oath taking shall be drawn up and +record ed in a special register. +7. The Chairman or his authorised representative may appoint a non- citizen officer or +private if the Office needs his services, in accordance with the regulations in force in the +Office. + +Article (14) BIS (1) +Termination of Service of Military Members of the Office +The service of the military members of the Office shall end for one of the following reasons: +1. Death or the issuance of judgment proving interrupted absence. +Federal Law No. ( 13) of 2021 Establishing and Regulating the Federal Judicial Enforcement Office 10 + 2. Revoking or withdrawing his citizenship of the State. +3. Reaching the age of sixty (60), and by a decision of the Chairman, service may be +extended every (2) two years for a period of (8) eight years if the public interest so +requires. +4. The expiration of the contract term for the c ontractors or the period of their secondment. +5. Resignation. +6. Establishing that they are unable to perform job duties for health reasons according to +what is decided by the competent medical committee. +7. Inefficiency in the Office in accordance with what is stipulated in the Office's work regulations and systems. +8. Absence from work without acceptable justification for a period of ten (10) consecutive +working days or twenty (20) separate working days du ring one year. +9. Dismissal from service based on the decision of the Disciplinary Council or sentencing +the member to a felony or crime against honour or trust. +10. Referral to retirement by a decree before reaching the age stipulated in Clause (3) o f this +Article. +The decision to terminate the service of the employee of the office shall be issued by the +authority competent to appoint him in accordance with the provisions of this Law by Decree, taking into account the provision of Clause (9) of this Article. + +Article (14) BIS (2) +Candidates from Police Colleges and Institutes +1. The Office may sponsor a number of candidates in police colleges and institutes in the +State in exchange for appointing them to work in the Office. Whoever is appointed from +among those may not leave work in the Office for a period of (5) five years starting as of the date of appointment. +2. The candidate and the Office member who has been previously sponsored by the Office shall be, personally or jointly with his guardian, as the case may be, obligated to refund +the expenses incurred by the Office during the period of sponsorship, in the event that +Federal Law No. ( 13) of 2021 Establishing and Regulating the Federal Judicial Enforcement Office 11 + he leaves his studies without excuse, or if he submits his resignation, or is dismissed +from the college, institute, or Office within the period stipulated in Clause (1) of this +Article, in accordance with what is stipulated in the decision regulating candidate +welfare affairs, the Office's regulations, and employment contracts. +3. A decision shall be issued by the Chairman regulating the sponso rship of candidates, +which shall state in particular the following: +A. Conditions for selection. +B. Contracts and undertakings. +C. Financial allocations. +D. Rights and duties. +E. Follow -up and evaluation. +F. Training and qualification. +G. Termination of nomination and the consequences of breach of contracts and +undertakings. + +" +justice and juiciary,Federal Decree by Law No. (13) of 2021 Establishing and Regulating the Federal Judicial Enforcement Office,"Article (15) + Final Provisions +1. Military personnel working in any of the agencies of the Ministry of Interior and the +Police and Security Forces in any Emirate may be transferred after the approval of the Competent Authority in their places of work. A decision for the transfer shall be issued +by the Chairman upon the r ecommendation of the Public Prosecutor. +2. Where there is no provision in this Law by Decree and the regulations and systems issued in implementation thereof, civilian employees working in the office shall be +subject to the provisions of the Federal Gove rnment Human Resources Law; whereas +citizens, both civilian and military shall be subject to the provisions of the Federal +Federal Law No. ( 13) of 2021 Establishing and Regulating the Federal Judicial Enforcement Office 12 + Pensions Laws, as the case may be. +3. The Office may contract with guarding companies to secure and guard the headquarters +of the p rosecution offices and federal courts. In carrying out their work, guards and +guarding companies shall be subject to the supervision and control of the Office, in accordance with the work systems in force in the Office. +4. The Office shall establish a database of information and data related to the competences of the Office at the federal or local level, in coordination with the concerned authorities, +and achieve integration with them in exchanging information and data. +5. Any provision contained in any other law that violates or contradicts the provisions of +this Law by Decree shall be repealed. + +" +justice and juiciary,Federal Decree by Law No. (13) of 2021 Establishing and Regulating the Federal Judicial Enforcement Office,"Article (16) +The Cabinet shall issue a resolution regarding the proceeds of fees, fines and financial +penalties that shall be received by the Office as a result of the implementation of criminal +judgments issued by federal courts. + + + + + + + + + + + +Federal Law No. ( 13) of 2021 Establishing and Regulating the Federal Judicial Enforcement Office 13 + " +justice and juiciary,Federal Decree by Law No. (13) of 2021 Establishing and Regulating the Federal Judicial Enforcement Office,"Article (17) + Entry into Force and Publication +This Law by Decree shall be published in the Official Gazette and shall enter into force six +months after the date of its publication. + + + + +Signed +Khalifa Bin Zayed Al Nahyan +President of the UAE + +Issued by Us at the Palace of the Presidency in Abu Dhabi: +On: 6 Muharram 1443 H +Corresponding to: 15 August 2021 AED + + " +justice and juiciary,Federal Law No. (11) of 2009 Concerning Martial Laws,"Article (1) +The following words and phrases shall have the meanings respectively assigned next +thereto, unless the context otherwise requires: +State : the United Arab Emirates . +Federal Law No. (11) of 2009 Concerning Martial Laws 2 + President of +State : President of the United Arab Emirates . +Armed Forces : The Armed Forces of the State . +Martial Law : A set of rules and extraordinary measures applied by the State +under emergency conditions allowing it to temporarily disrupt all +or so me of the laws in force so as to ward off and dangers +threatening the country. +Executive +Authority : The body that shall undertake the responsibility of conducting the +legislative, judicial and executive State matters upon declaration of +the Martial Law a s determined by the Federal Decree on the +Declaration of Martial Law. +Martial Courts : Temporary cou rts formed by order of the Executive Authority for +considering any crimes committed during the application of +Martial Law, and which shall be of two types (Martial Courts for +Misdemeanor and Martial Courts for Felonies). + +Chapter Two +Declaration of Marti al Law and its Procedures +" +justice and juiciary,Federal Law No. (11) of 2009 Concerning Martial Laws,"Article (2) +Martial Law may be declared in the cases of necessity as follows: +1. Exposure of the State's public security or an area thereof to danger, because of war or +armed aggression, or in cases of the emergence of a State of affairs that heralds their +occurrence, or the occupation of any part of the State's territories. +2. Occurrence of turmoil at home or abroad whic h would probably extend into the State or +impact the security, economic, and political situations in the State massively. +3. Occurrence of public disasters or rampant epidemic. +4. The desire to secure the Armed Forces of the State, secure its supplies, and protect its +roads and transportation means and any other means related to its activities and military +operations inside or outside the State. + +Federal Law No. (11) of 2009 Concerning Martial Laws 3 + " +justice and juiciary,Federal Law No. (11) of 2009 Concerning Martial Laws,"Article (3) +1. Martial Law shall be declared according to a federal decree issued after the approval +of the Supreme Council of the Federation, in response to a suggestion by the +President of the State, and approval of the Federation Cabinet, in the cases of +necessity mentioned in the previous article, and this decree shall be submitted to the +Federal National Council at its first meeting, and shall contain the following : +a. Statement of the case of necessity which led to declaring the Martial Law . +b. The area or areas covered by Martial Law . +c. Date of starting the application of Martial Law. +d. Statement of the Executive Authority which shall undertake the execution of +the emergency powers contained in the decree, and this Authority can be +military or civil. +2. Ministries, Government Departments, Authorities, and Federal and Local Public +Corporat ions and Private Sector shall implement all orders, instructions, and +guidance issued by the Executive Authority, regardless of the competences, tasks, and duties entrusted to it or the activities that it performs, in accordance with the +provisions of Arti cle (5/4) of this Law. +3. All matters related to managing the State affairs shall be subject to the discretion of +the Executive Authority which may disrupt all or some of the laws, regulations, and +local and civil federal agencies; but may not disrupt the meetings of Federal National +Council or impair the immunity of its members during the application of Martial Law +in accordance with the provisions of the Constitution. +4. Martial law shall be lifted according to a decree issued by the President of the Stat e +according to the same measures of declaring it, when the necessity for the +declaration thereof is over; and in all cases the term of applying Martial Law shall not +exceed six months or the end of the circumstances that necessitated the declaration, +which ever is less. In the event of persistence of the circumstances which necessitated +the declaration of Martial Law, this term may be renewed for other similar terms, and +in this case, the application of Martial Law shall be made according to a federal +decree. +Federal Law No. (11) of 2009 Concerning Martial Laws 4 + 5. The Supreme Council for National Security may submit to the State’s President a +recommendation to take measures declaring martial laws as stipulated in this Law + +Chapter Three +Measures and Orders of the Executive Authority Enforcing Martial Law +" +justice and juiciary,Federal Law No. (11) of 2009 Concerning Martial Laws,"Article (4) +The Executive Authority enforcing the Martial Law may take, by declaration or by written orders, all or some of the following measures: +1. Imposition of restrictions on the individuals freedom as concerning assembly, travel, residence, and passing by certain public places or at certain times; arresting any suspected people or those who threaten public security and order; and sanctioning +inspection of people, places and means of transportation at any time by day or night, +without applying any p rovisions or procedures except those contained in the orders +issued by the Executive Authority. +2. Preventing any gathering, demonstration, sit -in, meeting, or general strike, which may be +also be dispersed using the appropriate force if necessity so req uires. +3. Stopping the activity of any club, association, body, organization, center, or community which has an adverse effect on the public security or order, or imposing restrictions on it. +4. Imposition of censorship on newspapers, publications, leaflets, drawings, and all means of expression, propagation, and advertising prior to their publication; closing the printing +premises thereof; and seizure and confiscation of the materials that incite s to disorder or +breaching the public security and order. +5. Imposition of censorship on parcels, mails, telegrams, and telephone communications, including communications via the Worldwide Web (the Internet), the domestic +(Intranet), or any other means o f communication. +6. Determining the times of opening or closing for the public stores, or ordering the closure +of some or all of them. +7. Determining the prices of goods, and preventing monopoly. +8. Withdrawal of import and export licenses of arms, ammunition, explosives; as well as +the licenses of holding or possession thereof, or ordering the seizure thereof, whenever +Federal Law No. (11) of 2009 Concerning Martial Laws 5 + they are, and closing their warehouses. +9. Banishment of non -citizens whose presence is b elieved to threaten the State's security or +detaining them in a safe place if setting them free can lead to breaching the public +security and order. +10. Evacuation or isolation of some areas, and organizing, identifying and restricting the +means of transportation leading thereto. +11. Temporary seizure of the means of transport or of any facility, institution, company, +store, building, or movable item, taking into account maintaining the owners' right to an +appropriate compensation. +12. Preventing p eople from doing certain actions, or assigning them to perform certain ones, +while maintaining their right to appropriate compensation or remuneration. +13. Imposition of any measures which the Executive Authority deems appropriate to maintain the public security and order. + +" +justice and juiciary,Federal Law No. (11) of 2009 Concerning Martial Laws,"Article (5) +1. The Armed Forces and the Security and Police Authorities or any other authority specified by the Executive Authority shall undertake the execution of orders issued by +the latter. +2. Those in charge of the execution of the orders of the Executive Authority shall have the +capacity of Judicial Officers. +3. Those in charge of the execution of orders of the Executive Authority shall use the +appropriate force if necessity so requires. +4. Every employee, within the limits of his powers and everyone else within the limits of his capabilities shall assist in the execution of those orders. + +Chapter Four +Martial Courts +" +justice and juiciary,Federal Law No. (11) of 2009 Concerning Martial Laws,"Article (6) +The Executive Authority may form Martial Courts for the consider ation of crimes committed +during the enforcement period of the Martial Law as follows: +Federal Law No. (11) of 2009 Concerning Martial Laws 6 + 1. Martial Courts for Misdemeanors and its Competences: +a. Formed of a President and a sufficient number of military, civilian judges, or +both. It consists of one or mor e circuit and shall issue its rulings by a military +or civilian judge. +b. The martial courts for misdemeanors, during the enforcement period of +martial laws, shall be competent to examine the following crimes: +1. Misdemeanor Crimes. +2. Crimes determined in order of the Executive Authority and +punishable by imprisonment or a fine. +3. Misdemeanor crimes affecting State security. +4. Rule upon the grievances submitted by arrested or detained persons +and extending their orders of detention. +2. Martial Courts for Felonies and its Competences: +a. Formed of a president and a sufficient number of military, civilian judges, or +both. It consists of one or more circuit and shall issue its rulings in a tribunal +formed of three judges. +b. The martial courts for felonies, during the enforcement period of martial laws, +shall be competent to examine the following crimes: +1. Felonies. +2. Crimes determined in order of the Executive Authority whose least +punishment is imprisonment. +3. Felonies affecting State security. +3. All judges shall be selected by the Executive Authority. +4. The assembly of the said martial courts shall be valid only in the presence of a +representative of the Public Prosecution to be chosen from members of the Military +or Public Prosecution by the Executive Authority as the case may be. +5. Each Court shall have a secretary who is entrusted with writing the trial’s procedures, +under the court’s president’s supervision, in a record which he and the court +president sign. + +Federal Law No. (11) of 2009 Concerning Martial Laws 7 + " +justice and juiciary,Federal Law No. (11) of 2009 Concerning Martial Laws,"Article (7) +The Executive Authority may order referral to the Martial Courts in common law offenses, +provided that they should explain such crimes in detail in the referral decree issued by them. + +" +justice and juiciary,Federal Law No. (11) of 2009 Concerning Martial Laws,"Article (8) +The Executive Authority may, necessity so requires, order the formation of Martial Courts +from among the Officers of the Armed Forces with legal background, and the court shall in +this case apply the procedures set by the Executive Authority in its order of formation. One +of the officers of the Armed Forces shall act as the Public Prosecution representative, and the +jurisdiction of such courts shall expire upon the expiry of the purpose for which they were +formed. + +Chapter Five +The Provisions of Arrest +" +justice and juiciary,Federal Law No. (11) of 2009 Concerning Martial Laws,"Article (9) +1. Any person may be immediately arrested if he violates the instructions of the Executive +Authority, or commits any of the crimes specified in the orders issued by it. +2. Any person who shall be arrested shall be promptly notified of the rationales for arrest +and shall be treated as a prisoner on remand. +3. The detainee or his legal representative may express grievance against the action taken +against him pursuant to the application of Martial Law. +4. The grievance can be made through a request submitted to the competent martial court +and the court shall decide thereupon by a decision with a statement of the rationales +within a period not exceeding seven days from the date of submittal, after hearing the +statements of both the applicant and the representative of the prosecution. + +" +justice and juiciary,Federal Law No. (11) of 2009 Concerning Martial Laws,"Article (10) +The arrested person shall be brought before the Martial Court within a period not exceeding +fifteen days from the date of arrest, and the Court may order his release on bail or retain him +Federal Law No. (11) of 2009 Concerning Martial Laws 8 + in custody for a period not exceeding ninety days extendable for one similar period. + +" +justice and juiciary,Federal Law No. (11) of 2009 Concerning Martial Laws,"Article (11) +1. The Executive Authority may drop the case prior to referral to the Court. +2. The Executive Authority may order interim release of the detainee before referring the +case to the Martial Court. + +Chapter Six +Investigation and Trial Procedures +" +justice and juiciary,Federal Law No. (11) of 2009 Concerning Martial Laws,"Article (12) +1. Except as stipulated by the procedures of the present law or the orders issued by the +Executive Authority, the provisions contained in the Code of Penal Procedures shall be +applied in the investigation of cases which the Martial Courts are t o settle, and are to +consider their procedures, pass verdicts thereon, and implement the punishments res +judicata, and such procedures may be reduced by an order of the Executive Authority. +2. Upon the investigation, the representative of the Public Prosec ution shall have all +authorities and powers conferred upon him by virtue of the law. + +" +justice and juiciary,Federal Law No. (11) of 2009 Concerning Martial Laws,"Article (13) +The Martial Court may, during the consideration of the case, issue a decision of interim +release of the detainee. + +" +justice and juiciary,Federal Law No. (11) of 2009 Concerning Martial Laws,"Article (14) +1. Subject to the provisions of article (6) of the present law, a competent Judge shall be mandated, pursuant to a resolution issued by the Executive Authority, and assisted by a +sufficient number of judges and staff, to verify the authenticity of the procedu res, +examine the grievances of the concerned people, and give his opinion thereupon. The +said judge shall, for every felony, deposit a memorandum explaining his opinion and +submit it to the Executive Authority prior to the verdict’s ratification. +Federal Law No. (11) of 2009 Concerning Martial Laws 9 + 2. In the cases of urgency, the mandated judge may limit his opinion to writing it on the +verdict papers margins . + +" +justice and juiciary,Federal Law No. (11) of 2009 Concerning Martial Laws,"Article (15) +The claims of civil rights shall not be accepted by the Martial Courts. + +" +justice and juiciary,Federal Law No. (11) of 2009 Concerning Martial Laws,"Article (16) +1. The judgments issued by the Martial Courts shall not be challenged by any means. +2. The judgments issued in felonies and crimes threatening the State's security shall be final +and enforceable only after approval by the Executive Authority. +3. If the verdict is sued was death penalty, it shall be enforceable only after ratification by +the President of the State. +4. President of the State shall have the right to pardon the convicted person or replace the +death penalty with a lesser one, in accordance with the prov isions of the Constitution. + +" +justice and juiciary,Federal Law No. (11) of 2009 Concerning Martial Laws,"Article (17) +The Executive Authority may, in the case of passing an acquittal judgment in a felony or an offense threatening the State's security, order its abrogation and order a new trial before +another Martial Court formed of different judges, and in all events if a new acquittal verdict +is passed, it should be ratified by the Executive Authority. + +" +justice and juiciary,Federal Law No. (11) of 2009 Concerning Martial Laws,"Article (18) +The Executive Authority may, after ratification of the verdict of indictment, order to rescind it +and drop the lawsuit, or reduce or replace the punishment, or stop the implementation +thereof provided that such decision is based on specified rationales. + +" +justice and juiciary,Federal Law No. (11) of 2009 Concerning Martial Laws,"Article (19) +1. Upon expiry of the Martial Law, Martial Courts shall continue to consider the cases +referred thereto during the validity of Martial Law in accordance with the procedures to +Federal Law No. (11) of 2009 Concerning Martial Laws 10 + be followed before them. +2. The cases in which the defendants were not referred Martial Courts shall be referred to +the competent courts, and the applicable procedures shall be followed. + +" +justice and juiciary,Federal Law No. (11) of 2009 Concerning Martial Laws,"Article (20) +1. The provision of the first item of the previous article shall be applied on the lawsuits upon which the Executive Auth ority decides re -trial in accordance with the provisions of +this Agreement. +2. The Executive Authority shall retain all authorities prescribed by virtue of the provisions +of this law, as concerning both the verdicts passed by Martial Courts before lifting +Martial Law and which were not ratified, or for the verdicts passed after retrial. + +Chapter Sev en +Punishments +" +justice and juiciary,Federal Law No. (11) of 2009 Concerning Martial Laws,"Article (21) +Anyone who violates the orders issued by the Executive Authority shall be punished according to the punishments prescribed in such ord ers; and such punishments may not +exceed imprisonment for two years and paying a fine of not more than AED 100,000 (Dirhams one hundred thousand) or by either punishment. + +" +justice and juiciary,Federal Law No. (11) of 2009 Concerning Martial Laws,"Article (22) +Anyone who violates the orders issued by the Executive Authority shall be punished by +imprisonment for a period not exceeding six months and by a fine of not more than AED +50,000 (Dirhams fifty thousand), or by either punishment in case of no punishment is +stipulated in such orders. + + + + +Federal Law No. (11) of 2009 Concerning Martial Laws 11 + Chapter Eight +Final Provisions +" +justice and juiciary,Federal Law No. (11) of 2009 Concerning Martial Laws,"Article (23) +Implementation of this law shall not entail prejudice to the rights and powers assigned to +the Commander of Military Forces in the time of war in the area of military operations. + +" +justice and juiciary,Federal Law No. (11) of 2009 Concerning Martial Laws,"Article (24) +Competent authorities, in their respective areas, shall implement the provisions of this law. + +" +justice and juiciary,Federal Law No. (11) of 2009 Concerning Martial Laws,"Article (25) +This present law shall be published in the Official Gazette and shall come into force as of the day following the date of publication. + + + +Khalifa B in Zayed Al Nahyan +President of the United Arab Emirates + + + + +Promulgated by us at the Presidential Palace, Abu Dhabi on: +Dhu al -Hijjah 19, 1440 Hijri +December 6, 2009 + " +justice and juiciary,"Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law No. (4) of 2020 Securing Rights in Moveable Assets","Article (1) + Definitions +The definitions contained in Federal Law No. (4) of 2020 mentioned abov e shall apply to +this Resolution. Otherwise, the following words and expressions shall have the meanings assigned thereto respectively unless the context requires otherwise: + + Identification +Number : The information provided for in Para. (b) of Clause (1) o f Article +(10) of this Resolution. + Control +Agreement : A written agreement which is concluded by and between the +financial institution, Pledgor, and Pledgee and under which the +financial institution agrees to follow the Pledgee's instructions in +respect of payment of the amounts deposited in the current +Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law on Securing Rights in +Moveable Assets 2 + account or deposit account without obtaining the Pledgor's +consent later. + Database of the +Register : + An electronic database in the Register, containing registration +information and any other information stipulated under the Law, +this Resolution, or the Directives thereunder to be entered in the +Register. + Registration +Documenting +Number : The number designated in the database of the Register for each +registration after being documented. + Client's Account: + An account created for the purposes of registration and searching +data and information included in the Database of the Register, +and for obtaining any other service provided by the Register. + Registration +Information : + The data required to complete the documentation of the +registration pursuant to provisions of the Law and this +Resolution. + Law: Federal Law No. (4) of 2020 Securing the Rights in Movables . + Written/ in +writing: Includes the information created, transferred, received or stored +using electronic media, including those made using modern +communication facilities. + +Organization and Maintenance of the Register +" +justice and juiciary,"Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law No. (4) of 2020 Securing Rights in Moveable Assets","Article (2) Functions of the Register +The Register shall: +Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law on Securing Rights in +Moveable Assets 3 + 1. Register rights in accordance with the provisions of the Law, including any amendment +or cancellation thereof; +2. Save and classify the registrations in the Database of the Register; +3. Enable the public to search the Database of the Register and to have access to the registrations contained therein; +4. Issue certified paper or electronic reports including information saved in the Database of +the Register in accordance with provisions of Law and this Resolution; and +5. Save the certified search reports, date and time of performing searches, and applied +search criteria. + +" +justice and juiciary,"Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law No. (4) of 2020 Securing Rights in Moveable Assets","Article (3) Responsibility for The Documentation Information +1. The Register may not verify the contents of the registration or search application. +2. The Register shall not be responsible for the validity or accuracy of the information +included in the registration or the information entered in the Database of the Register. + +Requirements for Utilizing the Register Services + " +justice and juiciary,"Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law No. (4) of 2020 Securing Rights in Moveable Assets","Article (4) Authorization for documenting the Registration +1. A security contract shall be concluded in writing whether in the form of a formal or +informal document. +2. The security contract or any other authorization prior to the conclusion thereof shall be +deemed sufficient evidence of the Pledgor's approval of the registration. +3. The Register may not request a proof of the Pledgor's approval of the registration. + +" +justice and juiciary,"Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law No. (4) of 2020 Securing Rights in Moveable Assets","Article (5) Procedures for Documenting the Registration +1. In order to document a registration, a person shall have a client account on the Register's +website according to the procedures determined by the Register for this purpose. +Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law on Securing Rights in +Moveable Assets 4 + 2. Registration shall be documented in the Register immediately upon fulfillment of +requirements and entry of information provided for in the Law and in this Resolution. +3. The Register shall issue an electronic confirmation upon documenting the registration. +The confirmation shall include the registration date, time, and number, and the information contained therein, unless otherwise provided for in this Resolution. + +" +justice and juiciary,"Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law No. (4) of 2020 Securing Rights in Moveable Assets","Article (6) Procedures for Searching the Database of the Register +1. Any person may searc h the Database of the Register through entry of any of the +following search parameters: +a. Documentation number; or +b. The identification number. +2. Search shall be performed using the parameters set forth in Clause (1) of this Article +exclusively. +3. Any person who searches the Database of the Register may print a search report. +4. The information contained in the search report shall include the following: +a. Presence of a registration registered in accordance with provisions of the Law and of +this Resolution; +b. Date and time of documenting the registration; +c. The information included in article (9) of this Resolution; and +d. Any other information included in the registration, except for statistical information. +5. The search report may indicate that there is no documented registration according to the +search parameters entered. + +" +justice and juiciary,"Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law No. (4) of 2020 Securing Rights in Moveable Assets","Article (7) Search Report +1. Any person may submit an application to the Register to obtain a paper or electronic +search report authentica ted by the Register and issued in accordance with the provisions +Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law on Securing Rights in +Moveable Assets 5 + of article (7) of the Law. +2. The application for obtaining the report shall be submitted by accessing the reports page +available at the Register's website and filling in the form designated for this purpose. +3. The search report shall include the information referred to in Paras. (4) and (5) of Article +(6) of this Resolution. + +" +justice and juiciary,"Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law No. (4) of 2020 Securing Rights in Moveable Assets","Article (8) Rejection of Registration or Search Application +1. The Register shall reject to document the registration in the event that any of the data +specified in any of the mandatory fields is not provided, or if the information entered is +illegible. +2. The Register may reject a search application if the informatio n required to be entered in +one of the search parameters is not entered, or if the information entered is illegible. +3. Except for the cases stipulated in Clauses (1) and (2) of this Article, the Register may not +reject applications for documenting the reg istration or search applications. +4. In case of rejection of documenting the registrations or search applications, the Register +shall promptly notify the person who made the registration or searcher of the reason of +such rejection. +5. The Register may indicate the corrective action required to be taken to accept the +registration or search application. + +Documented Information +" +justice and juiciary,"Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law No. (4) of 2020 Securing Rights in Moveable Assets","Article (9) Registration Information +Registration shall include the following information: +1. Pledgor's and Pled gee's data pursuant to article (10) of this Resolution; +2. Description of the Pledge pursuant to article (11) of this Resolution; +3. Documentation validity period; and +Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law on Securing Rights in +Moveable Assets 6 + 4. Any other data required by the Register. + +" +justice and juiciary,"Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law No. (4) of 2020 Securing Rights in Moveable Assets","Article (10) Identification of Parties +1. Pledgor's data shall be identified through the following: +a. Name; +b. Identification number as follows: +1. ID Card Number if it is a natural person having the nationality of the State or +residing therein; +2. Passport number if it is a natural person not having the nationality of the State or not residing therein; +3. Registering number or registering licence number if it is a legal person registered +inside the State; or +4. Nationality and registering number if it is a legal person registered outside the +State; or +c. Nationality if it is a natural person not having the nationality of the State, or is a legal +person not registered inside the State. +2. Pledgee's data shall be identified as follows: +a. Name; and +b. Address including the email address. + +" +justice and juiciary,"Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law No. (4) of 2020 Securing Rights in Moveable Assets","Article (11) Description of the Pledge and Secured Liabilities +1. Description of the Pledge shall be deemed sufficient if the Pledge is reasonably identified +through the following: +a. Kind, class, or quantity; or insertion of the Pledge into a specific list; +b. Presence of a phrase stating that the Pledge includes all the Pledgor's assets, whether +Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law on Securing Rights in +Moveable Assets 7 + current or future; +c. Presence of phrase stating that it includes a specific type or class of securities, +whether it is current or future, such as ""all equipment"" or ""all current or future +accounts receivable"". +2. The priority of security right extends to all the Pledges covered by the registration +recorded in the register; whether it was included as liability of the Pledgor, or it has been +or is existent before or after documenting the registration. Security contract shall include +a general or specific description of the secured liability in a manner allowing reasonable +identification thereof. Description of the secured right shall be deemed sufficient in any +of the following cases: +a. If a maximum sum or limit is set for the secured liability in respect of which the security right may be enforced; +b. If it refers to all liabilities owed to the Pledgee at any time. +3. If the secured liability is described as the whole liabilities owed to Pledgee at any time, +the priority of security right shall extend to all secured liabilities including those arising +after enforcement of security right against third parties. The registration documented +under an order or judgment pursuant to provisions of article (15) of the Law shall +include a description of the Pledge and liabilities under said order or judgment. + +" +justice and juiciary,"Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law No. (4) of 2020 Securing Rights in Moveable Assets","Article (12) Registration Language +Registration shall be formulated on the Register website in Arabic or in English. + +" +justice and juiciary,"Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law No. (4) of 2020 Securing Rights in Moveable Assets","Article (13) Entry of Registration into Force +1. Registration for the first time or registration of amendment shall enter into force from +the date and time of entry of registration information in the Database of the Register in a +Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law on Securing Rights in +Moveable Assets 8 + manner allowing the registration to appear in case of searching the registe r; +2. Registration for the first time or registration of amendment shall be deemed +non -enforceable in case of presence of wrong entry of identification number in the +Database of the Register and said error would result into inability to recover information +included in the registration by searching the Database of the Register using the right +identification number as a search parameter; +3. Error leading to non- enforceability of registration against a certain Pledgor in accordance +with provisions of Clause (2 ) of this Article shall not constitute a ground for +non -enforceability thereof in respect of other Pledgors whose identification numbers are +entered correctly in the registration. +4. Except for the identification number error, errors in information entered in the first time +registration or registration of amendments shall not constitute a ground for +non -enforcement of registration unless the same results reasonably into misleading the +searcher. + +Amendments after Documentation + " +justice and juiciary,"Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law No. (4) of 2020 Securing Rights in Moveable Assets","Article (14) Registration of Amendments +1. Pledgee may amend the registration by documenting the registration of amendments +including the following: +a. Number of documenting the registration subject of amendment; and +b. Pledgees who agreed to the amendment. +2. Pledgor's approval o f documenting the registration of amendment which adds Pledges +or Pledgors shall be obtained. +3. Amendment shall be deemed enforceable against Pledgees who approved documenting +the registration; +4. Registration of amendment adding new Pledge or new Pledgor shall enter into force +Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law on Securing Rights in +Moveable Assets 9 + from the date on which it becomes possible for the amendment to appear upon +searching the register; +5. Non -amendment of registration of any of the following shall not affec t security right +enforceability against third parties or priority thereof: +a. Transfer of security right; and +b. Giving security right a lower priority . + +" +justice and juiciary,"Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law No. (4) of 2020 Securing Rights in Moveable Assets","Article (15) Registration of Extension +1. Pledgee may amend registration for the purpose of extending validity period thereof by +way of documenting an extension registration including the following: +a. Documentation number of the registration subject of extension; +b. Pledgees who approved the extension; and +c. Date and time of expiry of the documentation. +2. Extension shall be enforceable against Pledgees who approved the documentation of the +registration. + +" +justice and juiciary,"Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law No. (4) of 2020 Securing Rights in Moveable Assets","Article (16) Registration of Voluntary Cancellation +1. Cancellation of documented registration shall be enforced only against Pledgees who +approved cancellation from the date and time of effecting the cancellation registration. +2. The registration shall remain documented on the Database of the Register available for searching processes unless Pledgees approve cancellation thereof. + +" +justice and juiciary,"Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law No. (4) of 2020 Securing Rights in Moveable Assets","Article (17) Mandatory Registration +1. In the event that Pledgee does not document the cancellation registration pursuant to +provisions of article (16) of the Law, the person whose name is mentioned as a Pledgor +Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law on Securing Rights in +Moveable Assets 10 + in a registration may send a written letter indicating its identity, first time registration, or +the registration of amendment desired to be canceled. Pledgee may not m ake Pledgor +bear any fees or expenses as a result of compliance with Pledgor's request for cancellation. +2. In case of repayment of secured liabilities under provisions of article (16) of the Law, the +person whose name is mentioned as a Pledgor in a regist ration may not request the +documentation of the amendment registration or the cancellation if the Pledgee is +committed to pay any consideration to the Pledgor or the debtor. +3. In the event that Pledgee fails to comply with the application submitted under provisions +of Clause (1) of this Article within (7) seven working days from the date of receipt +thereof, the affected person may request the court to make a decision to register the +amendment or the cancellation. +4. If a court order is made to document an amendment or cancellation of registration in +accordance with provisions of Clause (3) of this Article, the Register shall document the registration promptly upon receipt of the application accompanied by a copy of the +relevant order. + +Enforcement of the S ecurity Right against Third Party +" +justice and juiciary,"Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law No. (4) of 2020 Securing Rights in Moveable Assets","Article (18) Control +1. The security right established on credit accounts only may be enforced against third +parties by way of control; +2. The security right established on credit accounts shall be enforceable against thir d +parties in either of the following two cases: +a. If established in favor of the financial institution holding the credit accounts; and/ or +b. If the Pledgor, Pledgee and the financial institution holding the credit account +conclude a control agreement. + +Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law on Securing Rights in +Moveable Assets 11 + Priorities + " +justice and juiciary,"Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law No. (4) of 2020 Securing Rights in Moveable Assets","Article (19) Priority of Rights Established Under Court Rulings +1. Priority of right established on the Pledge over tangible movables in accordance with an +order or judgement issued to impose the precautionary or executive attachment on +Pledge shall be specified from the date and time of registration of the order or judgement +on the register pursuant to Clause (2) of article (15) of the Law, or from the date and time of possession of the Pledge by seizure thereof, or on the date and time of +defendant's debtor's or prevailing party's receipt of the attachment notice, whichever is +earlier. +2. Security right for financing purchase which has been registered on the register pursuant +to provisions of article (19) of the Law shall have priority over the right arising as a result +of an order or judgment despite that the right arising from the order or judgment +becomes enforceable against third parties. + +" +justice and juiciary,"Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law No. (4) of 2020 Securing Rights in Moveable Assets","Article (20) Notice of Purchase Financing Served by Pledgee Holder of +Security Right +Notice of purcha se financing served by Pledgee holder of security right shall be deemed +sufficient if served to Pledgee who has documented a registration of security right created in +its favor over accounts receivable and addressed to its address mentioned in said +registr ation. + +" +justice and juiciary,"Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law No. (4) of 2020 Securing Rights in Moveable Assets","Article (21) Priority in Respect of Credit Accounts +1. The security right established on a credit account in favor of the financial institution +holding the account shall have priority over competing security rights enforceable +against third partie s. +2. The security right established on a credit account and enforceable against third parties +Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law on Securing Rights in +Moveable Assets 12 + by virtue of a control agreement shall have priority over competing security rights, +except for security right of the financial institution provided for in Claus e (1) of this +Article. +3. Priority of competing security rights over a credit account which became enforceable against third parties by virtue of conclusion of control agreements shall be determined +based on date and time of conclusion of the same. +4. Receiver of amounts from the credit account under a bank transfer issued from the credit +account under the Pledgor's order shall acquire its rights to said amounts free from the +security right established on the credit account; unless receiver of the bank tran sfer is +aware that the transfer involves an infringement of Pledgee's rights under the security +contract. + +Execution + " +justice and juiciary,"Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law No. (4) of 2020 Securing Rights in Moveable Assets","Article (22) Notice of Execution +1. The Pledgee shall include the following in the Notice of Execution mentioned in Article +(27) of the Law: +a. Notification of its intent to acquire the Pledge, and execute thereon; +b. Identification of the Pledgor and Pledge executed thereon; +c. Method of execution; an d +d. Time and place of disposal of the Pledge. +2. The notice mentioned in Clause (1) of this Article shall be deemed sufficient even if it includes additional information or minor errors which would not lead to serious +misleading of third parties. + +" +justice and juiciary,"Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law No. (4) of 2020 Securing Rights in Moveable Assets","Article (23) Report on the Procedures of Sale +The Pledgee who has executed on a Pledge under the provisions of article (33) of the Law +Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law on Securing Rights in +Moveable Assets 13 + shall deposit the proceeds of execution in the treasury of the Court within whose jurisdiction +the sale was made within two w orking days, according to the form of report on procedures +of sale appended to this Resolution. + +Law Applicable to Security Rights on Intangible Funds + " +justice and juiciary,"Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law No. (4) of 2020 Securing Rights in Moveable Assets","Article (24) Domicile of Pledgor +Law of the Domicile of Pledgor shall apply to the establishment of se curity right, its +enforcement against third parties, the priority and execution of security right on the Pledge if +it is an intangible movable; provided that domicile of Pledgor shall be determined as follows: +1. The State wherein the head office of its business is located; +2. The State wherein the administrative office is located in case that the Pledgor has offices +in more than one country; or +3. The State where it usually resides if it does not have headquarters. + +" +justice and juiciary,"Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law No. (4) of 2020 Securing Rights in Moveable Assets","Article (25) Previous Security Rights +Rights which became enforceable against third parties through registration on the register +pursuant to the provisions of Federal Law No. (20) of 2016 on Mortgaging of Movable +Assets as Security for Debts shall remain enforceable against third parties until expiry of +enforcement thereof against third parties under the Law. + +" +justice and juiciary,"Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law No. (4) of 2020 Securing Rights in Moveable Assets","Article (26) Charges +In exchange for the services provided by the entity in charge of the Register and specified in +the schedule appended to this Resolution, the charges assigned to each of these services +shall be collected by the means determined by the Ministry. + +" +justice and juiciary,"Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law No. (4) of 2020 Securing Rights in Moveable Assets","Article (27) Issuance of Resolutions +Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law on Securing Rights in +Moveable Assets 14 + 1. The entity responsible fo r managing the Register shall prepare all forms provided for in +the Law, this Resolution, and the directives issued in implementation thereof; provided +that the Minister shall issue a Resolution to this effect. +2. Forms and directives shall be published on the Register's website within (3) three +working days from the date of issuance thereof by the Minister. + +" +justice and juiciary,"Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law No. (4) of 2020 Securing Rights in Moveable Assets","Article (28) Executive Resolutions +The Minister shall issue the resolutions necessary for implementing the provisions of this +Resolution. + +" +justice and juiciary,"Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law No. (4) of 2020 Securing Rights in Moveable Assets","Article (29) Repeals +Any provision contradicting or in conflict with the provisions of this Resolution is hereby +repealed. + +" +justice and juiciary,"Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law No. (4) of 2020 Securing Rights in Moveable Assets","Article (30) Publication and Entry of this Resolution into Force +This Res olution shall be published in the Official Gazette and shall enter into force from the +day following the date of publication hereof. + + +Mohammed Bin Rashid Al Maktoum +Prime Minister + +Issued by Us on: 7 Sha'ban 1442 AH. +Corresponding to: 21 March 2021 AD. + +Appended to Cabinet Resolution No. (29) of 2021 Sale Procedures Report +Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law on Securing Rights in +Moveable Assets 15 + Form +Name of the +Pledgor Name of the +Pledged person +Name of the +Pledgee Date of security +contract +Name of the court +rendering the +possession order Date of possession +order +Name and address +of Pledge acquirer +if a decision is +made to place the +Pledge under +control of a third +party Name and address +of the person for +whom an order to +place the Pled ge +under his control +is issued if the +Pledge is acquired +by a third party +Names of other +persons having +registered rights +on the Pledge + Owner of the +moveable to +which the Pledge +is attached and +acquirer of said +moveable +Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law on Securing Rights in +Moveable Assets 16 + Owner of the +property wherein +the Pledge is +located and +acquirer thereof if +the Pledge is a +fixture Mortgagee of the +property wherein +the Pledge is +located and name +of acquirer if the +Pledge is a fixture + +Date of the +decision to use +compulsory power +if a decision is +made to use +compulsory power Summary of the +sale court order + +Minimum price +set by the court Maximum price +set by the court +Date of +registration of the +sale order Method of sale + +Details of +announcement of +sale Date and time of +sale +Method adopted Price of the sale +Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law on Securing Rights in +Moveable Assets 17 + for determination +of the fair sale +price +Name and address +of the purchaser + Relationship +between the +purchaser and +Pledgee +Number of +payment receipts +whereunder sale +price was +deposited + Date of permitting +sale of the Pledge +exposed to +destruction, +damage or +depreciation + +Appended to Cabinet Resolution No. (29) of 2021 Schedule of Charges for the +Register's Services +Sr. + Service Description + Charges in AED + +1 + Registration of rights established before enactment +of the Law AED (50) per +registration +2 + Registration of a right + AED (100) per +registration +Cabinet Resolution No. (29) of 2021, Issuing the Executive Regulations of Federal Law on Securing Rights in +Moveable Assets 18 + 3 + Amendment of registration + AED (100) per +registration +4 + Extension of registration + AED (100) per +registra tion +5 + Registration of attachment + AED (200) per +registration +6 + Registration of amendment of attachment + AED (200) per +registration +7 + Registration of revocation of attachment + AED (200) per +registration +8 + Issuance of certified paper or electronic report AED (200) per +registration + " +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (1) +Definitions +In application of the provisions of this Law, the following words and phrases shall have the meanings assigned to each of them, unless the context requires otherwise: +State : United Arab Emirates +Ministry : Ministry of Energy & Infrastructure. +Federal Law No. 14 of 2021 on the Creation and Regulation of Owners Association 2 + Minister : :Minister of Energy & Infrastructur e +Competent +Authority : The Local Government Agency for Registering Real Estate +Tran sactions +Owners +Association : An entity consisting of Real Estate Owners in accordance with the +provisions of this law, and referred to by the phrase (Owners +Association) or by the word (Association) in this law +General Assembly +of the Association : An entity consisting of members joining the Association who own +Real Estate Units in the same property, and in the event of multiple +Owners of one Real Estate Unit, they shall have one representative +in this Association +Articles of +Association : Articles of Association of Owners Association +Common Parts +Management +System (CPMS) : A set of rules decided by the General Assembly of the Owners +Association for the purpose of managing, developing, investing, +maintaining and preserving the Common Parts +The Board of +Directors (BOD) : Owners Association B OD. +Chairman of the +BOD : Cha irman of the Owners Association BOD +Director : Director of the Owners Association +Real Estate : Residential Neighbourhood or building +Residential +Neighbourhood : A group of Real Estate Units owned by several people with comm n +services and facilities +Building + : One independent building with accompanying and common +services. It consists of a number of Real Estate Units and is owned +by several people +Real Estate Unit : Villas, apartments, floors, parking lots, shops, or any part of the +building can be detached +Person : Natural or legal person +Owner : A person who owns a Real Estate Unit, whether it is one or more . +Federal Law No. 14 of 2021 on the Creation and Regulation of Owners Association 3 + Common Parts + : All parts of the property intended for common use, whether +attached or separate, or any other part whose nature requires it to +be joint . +Detached Parts : All built and non -built parts (dividable ) and owned by a specific +person or persons for the purpose of benefiting from them, as +determined by the CPMS +Maintenance : The works necessary to preserve the property or the benefit, +whether it is for an independent Real Estate Unit, for Common +Parts, or for Detached Parts. + +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (2) +Objectives of the Law +This Law aims at the following: +1. Establish a legal entity that includes property owners for the purpose of managing, +developing, investing, maintaining and preserving Real Estate Units and the common +and Detached Parts; and +2. Enhance social responsibility, provide a safe and positive environment, open channels of communication between Owners, and strengthening the bonds between them. + +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (3) +Scope of Application +1. The provisions of this law shall be applied to every Real Estate established by the Federal +Authorities in any region of the State territory, including the free zones, the Ownership +of which, is jointly held by a number of persons.. +2. The provisions of this law may be applied to Real Estate that is established by +non -Federal Authorities after the approval of the Concerned Emirate. + + + +Federal Law No. 14 of 2021 on the Creation and Regulation of Owners Association 4 + " +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (4) +Common Parts +The following shall be deemed Common Parts: +1. Real Estate land in buildings; +2. The masonry structure, foundations, pillars, columns and walls in buildings, which bear +the masonry or bear the roofs; +3. The shared walls separating the units, and the walls of the chimney; +4. Warehouses used as service rooms, and Waste Disposals; +5. Chimneys and ventilation shafts for bathrooms, kitchens, drains and sewers; +6. Entrances, facades, stairs, cages, corridors, pathway, basements, elevators, and firs exits; +7. The guards rooms and their places and other workers in the construction service; +8. Cooling devices and all other types of pipes, fixtures and common extensions such as +lighting fixtures, water, drainage, natural gas, internet, Satellite dishes and their +accessories, except inside the Real Estate Unit, and its benefit is limited to the Owner of +the Real Estate Unit; +9. Sports Facilities and facilities for rest and recreation and the like; +10. Equipment and devices that provide common services and the places where they are +located; +11. Courtyards, outdoor driveways, walkways, gardens, parking lots, parks, and gathering +places; and +12. The last surfaces in the buildings pursuant to the provisions of the building codes.. +The Ministry and the Competent Authority may issue decisions to add any other Common Parts. + +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (5) +Cooperation and coordination between the Ministry and the Competent +Authority +The Executive Regulations shall specify the controls and procedures that: + +Federal Law No. 14 of 2021 on the Creation and Regulation of Owners Association 5 + 1. Achieve compatibility between the Ministry and the Competent Authority for the +purposes of cooperation and coordination to provide facilities services, development, +preservation and good investment of Real Estate covered by the provisions of this law, +and all parts of these Real Estate; and +2. Determine the mechanisms for developing a guiding model for managing the Common +Parts, and a guiding model for the Articles of Association of the Association. + +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (6) +Common Parts Ownership +1. Owners of Real Estate Units shall be partners in the Common Parts unless otherwise +agreed upon; +2. The Common Parts whose benefit is limited to some Owners shall be the common +property between them unless otherwise agreed upon; + +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (7) +Non -divisible Common Parts +1. The share of each Owner in the Common Parts that are not divisible is owned in +common, and their share shall be estimated in proportion to the value of the area he +owns in relation to the rest of the Real Estate Units; +2. The Non -divisible Common Parts of the Real Estate Unit shall be fully attached to all +dispositions, unless otherwise agreed. Their share in the ownership of these areas shall be assessed as determined by the CPMS; +3. The Non -divisible Common Parts of the Real Estate Unit shall be fully attached to all +dispositions, unless otherwise agreed.. + +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (8) +Divisible Common Parts +1. The Common Parts that are divisible or may be disposed of or some of them by all kinds of actions may not be divided independently of the Detached Parts or related to them; +Federal Law No. 14 of 2021 on the Creation and Regulation of Owners Association 6 + 2. Save the provisions of Clause (1) of this Article, the Association may allocat e a portion of +the unconstructed Real Estate and dispose of it independently in accordance with the +provisions of the CPMS. +3. No Owner may dispose of the areas attached to their unit other than the Owners of the +same property, save cases stipulated in the CPMS.. + +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (9) +Common Parts Management System (CPMS) +The Common Parts shall be managed pursuant to a law that shall be suitable with the type of property (Residential Neighbourhood - Building). The following provisions shall be +among the provisions of this law: +1. Determine the Common Parts of the property, and each Real Estate Unit; +2. Controls for the use of the common and Detached Parts, and for making modifications thereto; +3. The management of the Common Parts by the Association BOD +4. Methods and controls for investing Common Parts and Owners Association funds; +5. Develop integrated financial governance mechanisms for the Association, to ensure (as the case may be) the following Clauses: +A. Independent accounts for investment, general reserves, and operations, and continuous monitoring of these accounts; +B. Timely collection of dues, with urgent and effective legal procedures; +C. Auditing the disbursement of Association funds in accordance with approved +accounting standards; +6. Establish controls and procedures for hiring specialised companies to do some work +necessary for the property; +7. Any other issues for which a decision is issued by the Minister or stipulated by the guidelines stipulated in article (5) of this Law. + + + +Federal Law No. 14 of 2021 on the Creation and Regulation of Owners Association 7 + " +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (10) +Improvement of Common Parts by one of the Owners +The Owner may, as determined by the CPMS, improve at their own expense those areas, or +part of them or their utility, without, in any case, changing their allocation, provided that +such improvement shall not cause harm to others. + +Chapter Two +Creation and Regulation of the Association +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (11) +Establishment of the Owners Association in Residential Neighbourhoods +1. Owners Association may be established in Residential Neighbourhoods where the +number of Owners of Real Estate Units is five or more, pursuant to the following +procedures: +A. Invite all Owners of Real Estate Units in the Residential Neighbourhood from the +entity that created it, the Ministry, the Competent Authority, or one of the Owners of +Real Estate Units in the same neighbourhood, for the purpose of meeting to establish +the Association. +B. Five Owners agree to the creation of the Association, the selection of a Founding Committee to complete the procedures, and propose the Articles of Association of +the Association for approval of its General Assembly. +C. The Association shall be registered with both the Ministry and the Competent +Authority, and the Ministry shall issue a decision to declare it. +2. Whoever agrees to its creation shall become a member of the Association, and the rest of the Unit Owners in the Residential Neighbourhood may join the Association whenever they express their desire to do so; +3. The Association shall have a General Assembly upon its creation that includes all the Association Members in the Residential Neighbourhood, and in the event of multiple +Owners of one unit, they shall have one representative in this Association. +4. The Executive Regulation shall determine the procedures for implementing the +Federal Law No. 14 of 2021 on the Creation and Regulation of Owners Association 8 + provisions of this Article. + +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (12) +Creation of Owners Association in Buildings +1. Owners Association may be established in Buildings where the number of Owners of +Real Estate Units is five or more, pursuant to the following procedures: +A. Invite all Owners of Real Estate Units in the Buildings from the entity that created it, +the Ministry, the Competent Authority, or one of the Owners of Real Estate Units in +the same Building, for the purpose of meeting to establish the Association. +B. Owners agree to the creation of the Association, the selection of a Founding Committee to complete the procedures, and propose the Articles of Association of +the Association for approval of its General Assembly. +C. In the event of disagreement between the Owners on the creation of the Association, +any of them may request the Plenary Court in whose district the property is located +to authorise completing these procedures. The Court shall determine the Founding +Committee that completes the registration procedures in the event that the +Association authorises. +D. The Association shall be registered with both the Ministry and the Competent +Authority, and the Ministry shall issue a decision to declare it; +2. All Owners of Real Estate Units in the building shall be members in the Association +Owners; +3. The Association shall have a General Assembly upon its creation that includes all the +Association Members in the Residential Neighbourhood, and in the event of multiple +Owners of one unit, they shall have one representative in this Association; +4. The Ministry may make an exception from the requirement for the number of Owners of +Real Estate Units, set forth in Clause (1) of this Article, for the purposes of creating the +Association; and +5. The Executive Regulation shall determine the procedures for implementing the +provisions of this Article. + +Federal Law No. 14 of 2021 on the Creation and Regulation of Owners Association 9 + " +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (13) +Legal Personality of the Owners Association +The Owners Association shall enjoy an independent legal personality and legal capacity +within the limits of the purpose for which it was created. It has an independent financial +liability immediately upon its registration with the Ministry and the Competent Authority +together. + +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (14) +Owners Association Competencies +The Owners Association shall : +1. Management, development, investment, maintenance and preservation of the Common +Parts. It may provide collective services to the Owners related to the affairs of the +common property; +2. Any other competencies specified by the Executive Regulations, the Articles of +Association of the Association, or the CPMS. + +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (15) +Financial Resources of Neighbourhood Owners Association +The financial resources of the Residential Neighbourhood Owners Association shall consist +of the following:: +1. Return on investment of Common Parts in viable Real Estate; +2. The return on their investment; +3. subscriptions made voluntarily by Association Members; +4. Gifts, donations and the like that are consistent with its purposes. +5. Any other resources approved by the Association General Assembly + +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (16) +Financial Resources of Building Owners Association +The financial resources of the Residential Building Owners Association shall consist of the +Federal Law No. 14 of 2021 on the Creation and Regulation of Owners Association 10 + following:: +1. subscriptions of the Association Members; +2. Return on investment of Common Parts in viable Real Estate; +3. The return on their investment; +4. Gifts, donations and the like that are consistent with its purposes; and +5. Any other resources approved by the Association General Assembly + +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (17) +Association Ownership of a Real Estate Unit +The Owners Association may, after the approval of the General Assembly and in accordance +with the legal regulations in force at the Competent Authority, own one or more Real Estate +Units in the same property in which it manages its affairs, without having a counted vote in +the General Assembly.. + +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (18) +A joint Owners Association among a group of Associations +1. Associations Owners that exist, including parts of the establishment of a joint +Association Owners to manage these areas; +2. The Owners Association shall enjoy an independent legal personality and legal capacity +within the limits of the purpose for which it was created, and it has an independent +financial liability immediately upon its registration with the Ministry and the Competent +Authority together.. +3. The joint Association shall have one BOD and a General Assembly in accordance with the rules and procedures stipulated in the Executive Regulations, and the competencies and powers specified for it. + +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (19) +Owners Association Responsibility +The Owners Association shall be liable towards the Owners and towards third parties for +Federal Law No. 14 of 2021 on the Creation and Regulation of Owners Association 11 + damages incurred by them or resulting from a mistake in managing or maintaining the +Common Parts, without prejudice to its right of recourse against third parties.. + +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (20) +The termination of the owners Association +1. The Owners Association terminates in any of the following cases:: +A. If the number of Owners is less than the number needed to create it; +B. Property Loss Case; +C. Members agree to dissolve the Association in Residential Neighbourhoods; +2. In the event of the expiration of the Association, its General Assembly and its BOD shall +lapse; +3. In all cases of the Association termination, the legal measures stipulated in the Executive +Regulations shall be taken to liquidate its rights and obligations. + +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (21) +Functions of the General Assembly of the Owners Association +The Associations General Assembly shall: +1. Approve the Articles of Association of the Association. +2. Elect BOD Members +3. Approval of the common Parts Management System (CPMS) +4. Appointment of External Auditor; +5. Report on the disbursement of financial rewards to the Chairman and BOD Members; +6. Approval of the Association estimated budget; +7. Approval of the final accounts and audited budget of the Association. +8. Discharge of the BOD and the Auditor. +9. Determining the share of each Owner in the subscriptions and maintenance expenses of +the Common Parts of the buildings. +10. Any other competencies specified by the Executive Regulations, the Articles of +Association of the Association, or the CPMS. + +Federal Law No. 14 of 2021 on the Creation and Regulation of Owners Association 12 + Chapter Three +Creation and Regulation of the Association +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (22) +The Association BOD +1. The members of the Owners Association General Assembly shall elect a BOD for the +Association from among its members as follows:: +A. A BOD of three to five members if the number of Real Estate Units does not exceed +thirty Real Estate Units. +B. A BOD of five to eleven members if the number of Real Estate Units does not exceed +thirty Real Estate Units. +2. The BOD term shall be three years, renewable for one or more other terms. +3. Each BOD shall select its own Chairman, Vice -Chairman, and Treasurer from among its +members. +4. The Ministry and the Competent Authority may appoint a representative for each of +them in the BOD to attend the sessions and participate in the discussions, and the +representative shall not have a counted vote in the decisions of the BOD. +5. The Ministry shall supervise the procedures for electing the Association BOD stipulated +in this Article. + +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (23) +Competencies of the BOD +1. The BOD shall be responsible for all that is necessary to manage the Common Parts and +to invest the funds of the Association, and in particular it has the right to exercise the +following competencies:: +A. Propose to amend the Articles of Association of the Owners Association, and its +approval by the Association General Assembly; +B. Develop a draft CPMS, and approve it by the Association General Assembly; +C. Implement the tasks, assignments and decisions issued by the Association General +Assembly, and submit reports to it in this regard; +Federal Law No. 14 of 2021 on the Creation and Regulation of Owners Association 13 + D. Receive complaints and consider appeals submitted by Owners regarding the use of +Common Parts and decide thereon; +E. Present the final accounts and audited budgets to the General Assembly for approval; +F. Appoint the Association Director; +G. Direct the call for the convening of meetings of the General Assembly; +H. Keep records of financial statements, audit documents, bank statements, and any +other data; +I. Prepare a draft budget estimate and submitting it to the General Assembly for approval; +J. Communicate and coordinate with any Governmental or Non -Governmental entity +within the State to carry out its tasks; +K. Form committees that carry out the tasks determined by the BOD; and +L. Any other competencies specified by the Executive Regulations, the Articles of +Association of the Association, or the CPMS. +2. In all cases of the absence of the BOD for their dismissal or resignation, the Ministry, in +coordination with the Competent Authority, shall form a temporary committee from the +Association Members to exercise the BOD functions, until the General Assembly elects a +new BOD within three months from the date of the dismissal or resignation. + +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (24) +Preserve the Association interests +1. The BOD shall preserve the Association interests, exercise the care of a prudent person, and carry out all actions in accordance with the provisions of this law and the decisions +issued for its implementation, the goals and objectives of the Association and the powers +granted thereto; +2. The BOD Member may not enter into contract under the name of the Association without having the BOD written authorisation; +3. The Chairman or the BOD Member, his spouse, or any of his relatives up to the fourth +degree, may not enter into any commercial transactions with the Association.. + +Federal Law No. 14 of 2021 on the Creation and Regulation of Owners Association 14 + " +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (25) +Responsibilities of the Chairman of the Association BOD +The Chairman of the Association BOD shall represent the Association before the judiciary +and in front of others, chair the meetings of the BOD, follow up the implementation of its +decisions, and any other competencies stipulated in the Articles of Association of the +Association or in CPMS, or assigned to them by the General Assembly of the Association, +and the Vice -Chairman shall replace him in his absence.. + +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (26) +Func tions of the Association Treasurer +The Association Treasurer shall have the following functions:: +1. Collect financial resources and deposit them in the bank account that the BOD decides +to open in the name of the Owners Association with one of the national banks in the State; +2. Prepare regular accounts on the financial situation of the Association, and that its +preparation of budgets shall be in accordance with the applicable accounting standards; +3. Prepare a draft budget estimate, final accounts and a draft audited balance sheet; +4. Any other competencies stipulated in the Articles of Association of the Association or in +the CPMS, or assigned to them by the BOD. + +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (27) +Dismissal of BOD Members +1. The General Assembly may dismiss the BOD or any of its members, and open for candidacy in accordance with the provisions of this law, to elect new members in their +place.. +2. The Ministry, in coordination with the Competent Authority, may set up a mechanism to follow up on the Association Members BOD carrying out their duties in accordance with +the applicable legal systems, and it may take any legal measures against the members, +including the dismissal of the BOD or any of its members.. +Federal Law No. 14 of 2021 on the Creation and Regulation of Owners Association 15 + " +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (28) +Director of Owners Association +1. The Association BOD shall appoint a Director of Owners Association to exercise the +powers determined by the Association Articles of Association and CPMS. The Director +shall exercise his work under the supervision, responsibility, follow -up and direction of +the Association BOD. +2. The Articles of Association shall define the method of appointment, termination and +accountability of the Director. + +Chapter Four +Rights and obligations of Association Owners and Members +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (29) +View Documents and Records +Every member of the Owners Association has the right to view the final reports and +accounts of the Association. + +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (30) +Obligation to pay subscriptions and maintenance expenses for the building +Each member of the Building Owners Association shall pay the subscriptions and +maintenance expenses prescribed to him for the preservation, maintenance and +management of the Common Parts in accordance with the CPMS. + +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (31) +Real Estate Unit maintenance +1. The Owner shall be responsible for the maintenance of his Real Estate Unit and its +Detached Parts; +2. The Owner shall carry out internal repairs to the Real Estate Unit he owns, whenever +failure to do so would harm others. + +Federal Law No. 14 of 2021 on the Creation and Regulation of Owners Association 16 + " +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (32) +Obligation not to prevent the completion of work in the Common Parts +The Owner, or whoever occupies a Real Estate Unit, may not prevent the completion of the +works related to the Common Parts decided by the General Assembly, or decided by the +BOD, even if they are within the part allocated to him, provided that he is informed of these +works in accordance with the CPMS. + +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (33) +The Aggrieved Party right to claim compensation +The Aggrieved Party due to the completion of the works as stipulated in article (32) of this +law has the right to claim fair compensation from the Owners Association. + +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (34) +Creation of a Solidarity Fund +The Owners Association may create and regulate a solidarity fund and disbursement +thereof, in the manner provided for in the Association Articles of Associations. + +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (35) +Claiming the Payment of Dues in the Buildings +The BOD of the Building Owners Association may take the necessary measures, as +stipulated in the Executive Regulations and the CPMS, to ensure payment of the dues +required from each Member of the Association.. + +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (36) +Disposal of Real Estate Units by Transferring their Ownership +1. Subject to the provisions of article (8 Clause 3) of this law, the Association Member, in +the event of disposal of Real Estate Units by transferring their ownership, shall notify the +Association BOD in writing. +2. The transfer of Ownership in the assets of the Association or the parts designated for +Federal Law No. 14 of 2021 on the Creation and Regulation of Owners Association 17 + investment may not be disposed of without the approval of two -thirds of the members +of the General Assembly registered in the Association. +3. In all cases of disposal of Ownership transfer, the controls and procedures stipulated in +the CPMS shall be applied, along with the controls prescribed in Clauses (1 and 2) of this Article. + +Chapter Five +Penalties +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (37) +The application of the penalties stipulated in this Law shall not in prejudice of any more severe penalty provided by any other law. + +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (38) +Whoever commits any of the following actions shall be punished with imprisonment for a period that is not more than one year and a fine that is not less than (AED 500.000) fifty +thousand Dirhams and is not exceeding (AED 1.000.000) one million Dirhams, or one of +these two penalties: + 1. Deal with others in the name of the Owners Association before registering it with the +Ministry or the Competent Authority; +2. Impersonate a Chairman, Board Member, or Director of Owners Association; + +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (39) +Whoever commits any of the following actions shall be punished with imprisonment for a +period that is not more than one year and a fine that is not less than (AED 100.000) one +thousand Dirhams and is not exceeding (AED 500.000) five hundred thousand Dirhams, or +one of these two penalties: +1. The Chairman, the BOD Member, or the Director of the Association, knowingly submitted incorrect budgets or contracts. +Federal Law No. 14 of 2021 on the Creation and Regulation of Owners Association 18 + 2. Every person knowingly certified incorrect documents relating to the Owners +Association. + +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (40) +Whoever commits any of the following actions shall be punished with imprisonment for a period that is not more than one year and a fine that is not less than (AED 500.000) fifty +thousand Dirhams and is not exceeding (AED 2.000.000) two million Dirhams, or one of +these two penalties, Whoever embezzles or squanders money from the Association funds, or facilitates for others to seize it. + +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (41) +In addition to the fines imposed in accordance with Articles (38), (39) and (40) of this law, +the Court shall obligate the convict to return to the Association an amount equal to the value +of the money that is the subject of the crime if it results in the loss of any funds to the +Association. + +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (42) +The Minister, after coordination with the Competent Authority, may submit to the BOD of +Ministers a decision violations and administrative fines to be imposed on the Chairman and +BOD Members and the Director of the Association in the event of a violation by any of them not provided for in this law. + +Chapter Six +Final Provisions +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (43) +Auditing the Association Records and Documents +The Minister, in coordination with the Competent Authority, shall issue a decision specifying the names of the employees who have the authority to review the documents and records of +the Association, record any violations therein, and submit a report thereon to the Ministry to +Federal Law No. 14 of 2021 on the Creation and Regulation of Owners Association 19 + take the appropriate action. The Executive Regulations shall specify the controls and +procedures for carrying out this work.. + +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (44) +Regularisat ion +The present Associations Owners shall apply the provisions of this law, and regularise accordance with the provisions of this law within a period not exceeding one year from the +date of its provisions. + +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (45) +The Executive Regulation +The Cabinet shall issue the Executive Regulation of this Law upon a proposal from the +Minister within six months from the date it is published. + +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (46) +Repeals +Any provision that violates or contradicts the provisions of this Law shall be repealed. + +" +justice and juiciary,Federal Law No. (14) of 2021 On the Creation and Regulation of Owners Association,"Article (47) +Law Publication and Enforcement +This Law shall be published in the Official Gazette and shall come into force six months following the date of its publication. + +Khalifah Bin Zayed Al Nahyn +UAE President + +Issued by Us at the Palace of the Presidency in Abu Dhabi: +On: 03 Jumada al -Awwal 1443 H. +Corresponding to: December 08, 2021 +Federal Law No. 14 of 2021 on the Creation and Regulation of Owners Association 20 + + " +family and community,Ministerial Resolution No. (1) of 2013 concerning the Executive Regulation of the Pensions and Social Security Federal Law No.(7) of 1999,"Article (1) +In implementation of the provisions of this resolution, the following words and phrases shall have +the m eanings assigned thereto respectively, unless the context requires otherwise: +State : The United Arab Emirates. +Government : The United Arab Emirates Government. +GPSSA : The General Pensions and Social Security Authority. +Minister : The Minister of Finance. +Board of Directors : The GPSSA Board of Directors. +Chairman : The Chairman of the GPSSA Board of Directors. +Director General : The Director General of the GPSSA. +Law : Federal Law No. (7) of 1999 Concerning Pensions and Social +Security. Minister of Finance Resolution of 2013 Concerning the Executive Regulations of Federal Law of 1999 Concerning +Pensions and Social Security 2 + Citizen : Whoever holds the State's nationality pursuant to the applicable +law governing nationality and passport s. +Employer : a. In the Public Sector: All governmental federal bodies, public +authorities, institutions, and companies as well as the banks in +which the federal government owns a stake, in addition to the +local governmental entities which the concerned emirate's +government requires to be gove rned by this Law. +b. In the Private Sector: Any natural or legal person uses +national labor in return for a wage of whatever kind . +Insured : Any national person to whom the provisions of the Law are +applicable. +Contribution Period : The service period for which the Insured is entitled to a pension or +gratuity as the case may be pursuant to the Law . +Period of Service : Each period spent by the Insured at work and in which the Insured +was subject to the pensions scheme, as well as the periods whic h +he may add in accordance with the provisions of the Law . +Pensioner : Any person whose service has ended and is entitled to a pension +under the provisions of the Law . +Retirement Age : When the Insured reaches sixty years of age . +Pension : The amount which shall, regularly and monthly, be paid by GPSSA +to the Pensioner or its survivors in accordance with the provisions +of the Law . +Survivor : Every person entitled to a share in the Pension after the death of +the Insured or the Pensioner . +Work Injury : The injury sustained from an accident occurring during or because +of work or infection with an occupational diseases. The decease +resulting from stress or fatigue of work shall be deemed a work +injury once the conditions and rules issued unde r a decision from +the Minister and in agreement with the Minister of Health are Minister of Finance Resolution of 2013 Concerning the Executive Regulations of Federal Law of 1999 Concerning +Pensions and Social Security 3 + fulfilled. Any accident occurring to the Insured while going to or +returning from work shall be deemed a work injury . +Occupational +Disease : A disease that abounds among worke rs in a certain occupation or +group of occupations by virtue of table no. (1) attached to Federal +Law No. (8) of 1980 Regulating Labor Relations, as amended. The +percentage of disability resulting from an occupational disease +shall be estimated by the Comp etent Medical Committee. The +disease shall be deemed occupational if it occurs to the Insured +while practicing his occupation or within one year from the date of +leaving his employment . +Total Disability : Each disability which totally or permanently precl udes the Insured +from practicing any occupation or earning a living, and this shall be +established by a decision from the Competent Medical Committee +after stability of the condition. The foregoing shall include the cases +of total loss of sight, loss of ar ms, legs or an arm and a leg as well as +the cases of mental, chronic, or incurable diseases to be specified +by a resolution of the Minister of Health . +Natural Death : The death that does not constitute a work injury . +Competent Medical +Committee : The Medical Committee established under a resolution from the +Minister of Health . +Service Credit : The period, not actually served, which the Insured may purchase +for the purposes of pension increase . + +Chapter Two +Applicability +" +family and community,Ministerial Resolution No. (1) of 2013 concerning the Executive Regulation of the Pensions and Social Security Federal Law No.(7) of 1999,"Article (2) +The provisions o f this Resolution shall be applicable to the civil national employees working for +an employer in the public sector as well as those working for an employer in the private sector . + Minister of Finance Resolution of 2013 Concerning the Executive Regulations of Federal Law of 1999 Concerning +Pensions and Social Security 4 + Chapter Three +Rules Governing Registration with GPSSA +First: Registration of the Employer +" +family and community,Ministerial Resolution No. (1) of 2013 concerning the Executive Regulation of the Pensions and Social Security Federal Law No.(7) of 1999,"Article (3) +1. GPSSA shall conduct the legal classification for the Employer in light of the relevant legislation +to determine the type of sector applicable thereto and shall inform the Employer thereof. +2. The Employers in both publ ic and private sectors shall have a special record, and the +registration in such record shall be deemed the basis for payment of contributions and +settlement of dues . + +Second: Registration of the Insured +" +family and community,Ministerial Resolution No. (1) of 2013 concerning the Executive Regulation of the Pensions and Social Security Federal Law No.(7) of 1999,"Article (4) +Each Insured shall be given an insurance number from GPSSA, and such number shall be +unchangeable even with the change of the Employer. To such number both the Employer and the +Insured shall refer in each message or application relevant to the Insured with GPSSA . + +" +family and community,Ministerial Resolution No. (1) of 2013 concerning the Executive Regulation of the Pensions and Social Security Federal Law No.(7) of 1999,"Article (5) +1. The Employ er shall, within a month from its registration with GPSSA, create a special file +named (Pension and Social Security Authority File) and the following documents shall be +deposited therein : +a. A copy of the Employer Registration Form. +b. A copy of the Secured Dedu ction Statement prepared by GPSSA and in which the number +of the insured and the details of their salaries are shown. +c. A copy of the statements substantiating the variance between the value of statements for +the current month and that of the preceding month . +2. The Employer shall submit to GPSSA a copy of each documents referred to in the two +Paragraphs (B and C) of Clause No. (1) of this Article in accordance with the conditions +determined by the Board of Directors for this purpose . + Minister of Finance Resolution of 2013 Concerning the Executive Regulations of Federal Law of 1999 Concerning +Pensions and Social Security 5 + " +family and community,Ministerial Resolution No. (1) of 2013 concerning the Executive Regulation of the Pensions and Social Security Federal Law No.(7) of 1999,"Article (6) +The Employer shall, within a month as from registration of the Insured, create a special file named +(File of the Insured) in which the following documents determined through a decision by the +Board of Directors shall be deposited : +1. The appointment decision. +2. The service commencement form. +3. A copy of the birth certificate or whatever is used in its place. +4. A copy of the family book. +5. A copy of the passport. +6. A copy of the ID card. +7. The salary grading statement within the years of service. +8. The correspondenc e proving secondment, transfer or various leave of the employee and the +periods of training and scholarships. +9. A copy of the service expiry decision. +10. Documents substantiating the transfer of the Insured. +11. Statement on periods of absence from work without pay . + +Chapter Four +Section One +Contributions +First: Contribution Calculation Salaries +" +family and community,Ministerial Resolution No. (1) of 2013 concerning the Executive Regulation of the Pensions and Social Security Federal Law No.(7) of 1999,"Article (7) +The contributions mentioned under Article No. (2) of the Law as regards the Insured in the public +sector shall be calculated as follows : +1. The basic monthly salary, all allowances along with monthly and annual bonuses as for the +prime minister, its deputy, ministers, and those of the same office. The value of annual +allowances shall be calculated monthly through dividing by twelve . + + Minister of Finance Resolution of 2013 Concerning the Executive Regulations of Federal Law of 1999 Concerning +Pensions and Social Security 6 + 2. +a. The Minister contr ibution account salary for the President of the Federal National Council +(FNC) . +b. The membership reward for the Federal National Council member . +3. The basic monthly salary plus cost -of-living allowance, children social allowance, citizen +social allowance and housing allowance in respect of the Insured from other than the +categories referred to under Clauses Nos. (1) and (2) of this Article . +4. For the purposes of implementing Clause No. (3) of this Article, the maximum of a +contribution account sala ry shall be the Minister contribution account salary . + +" +family and community,Ministerial Resolution No. (1) of 2013 concerning the Executive Regulation of the Pensions and Social Security Federal Law No.(7) of 1999,"Article (8) +The elements of salary from which the Insured's salary in the public sector is formed shall be +subject to contribution deduction in accordance with the provisions of Article No. (7) of this +Resolution before subtracting any deductions applicable to the salary . + +" +family and community,Ministerial Resolution No. (1) of 2013 concerning the Executive Regulation of the Pensions and Social Security Federal Law No.(7) of 1999,"Article (9) +1. The contributions of the Insured in the private sector shall be calculated on the basis of the +wage specified under the employment contract and which includes the basic monthly salary +plus in addition to bonuses and allowances disbursed permanently. +2. The minimum of contribution account salary shall be AED 1,000 per month while the +maximum thereof shall be AED 50,000. If the salary decreased to AED 1,000 or increased to +AED 50,000, only the said minimum and maximum shall be applicable for the purposes of +contribution payment. +The Minister may, after the Board of Directors' approval, modify the said minimum and +maximum as allowed by the financial position of GPSSA. +3. For the purposes of implementing Clauses Nos. (1 and 2) of this Article, the contributions paid +by the Employer in the private sector and those deducted from the Insured's salary shall be +calculated as follows: +a. The salary received by the Insured for January of each year shall be the basis for calculating +the contributions payable to GPSSA during the calendar year (Annuity of Contribution). Minister of Finance Resolution of 2013 Concerning the Executive Regulations of Federal Law of 1999 Concerning +Pensions and Social Security 7 + b. If the Insured joined the service after January, its salary within the joining month shall be +the basis for calculating con tributions, until the first of January of the following year and +then the contributions shall be calculated and paid in accordance with the provisions of +Paragraph (A) of this Clause. +c. For the purposes of implementing the two Paragraphs (A and B) of this Cl ause, the +following shall be taken into consideration: +1. The maximum and minimum referred to under Clause (2) of this Article. +2. If there is an increase or decrease in the Insured's salary after January or after the +month of joining the work as the case may be , such increase or decrease may not be +considered for the purposes of calculating the contribution. +3. If the Insured's salary increased retroactively, the value of contributions payable +shall be reconsidered commensurately with the proportion of such increas e. +4. The contributions shall be calculated in full for the month in which the service +commences and not for the part of the month in which the service expires . + +Second: Rules Governing the Calculation of Contribution +" +family and community,Ministerial Resolution No. (1) of 2013 concerning the Executive Regulation of the Pensions and Social Security Federal Law No.(7) of 1999,"Article (10) +1. In the event where the Insured was transferred in accordance with the applicable rules of +transfer from one employer to another included under the provisions of the Law, the +contributions shall be paid by the transferee employer, provided that the transferring +employer shall not ify GPSSA of such transfer . +2. For the purposes of implementing Paragraph No. (1) of this Article, the period of service +pertaining to the transferred Insured shall be constant and connected with the previous +service without settling its dues therefor by GPSS A. +3. In the case of seconding the Insured, the contributions shall be as follows : +a. The Insured shall comply with its share and that of the employer in contributions in the +case of external secondment or special leave and shall pay such shares to GPSSA at once +within a year as from the date on which the secondment or leave expires. The Insured may +pay such shares in installments over a period equal to the duration of the leave or +secondment with the consent of the Director General . Minister of Finance Resolution of 2013 Concerning the Executive Regulations of Federal Law of 1999 Concerning +Pensions and Social Security 8 + b. The entity to which the s econdment is made shall, if it bears the wage, observe the +Employer's share in contributions in the case of internal secondment, while the Insured +shall observe and pay its share to GPSSA in the periodic appointments and based on the +Insured's salary at th e seconding entity . +4. The payment of contributions shall, in the case where the Insured takes a leave, be as follows : +a. The Employer in the public sector shall bear its share and that of the Insured in +contributions if the special leave was for one spouse to a ccompany another, and whether +such leave was for accompanying a diplomatist or for a delegate in a study leave. +b. The Insured shall bear its share along with that of the Employer in contributions in the +case of special leave to accompany the Insured in the p rivate sector, and such shares may +be paid by the Insured either at once or in installments over a period equal to the duration +of the leave after the consent of the Director General. +c. The Insured shall observe its share and that of the Employer in contribu tions if the special +leave was without pay and such shares may be paid by the Insured at once or in +installments over a period equal to the duration of the leave after the consent of the +Director General . + +Section Two +Procedures for Collecting the Contribu tions +" +family and community,Ministerial Resolution No. (1) of 2013 concerning the Executive Regulation of the Pensions and Social Security Federal Law No.(7) of 1999,"Article (11) +The contributions shall be payable at the beginning of the month following the due month and +may be extended until the fifteenth day of this month . + +" +family and community,Ministerial Resolution No. (1) of 2013 concerning the Executive Regulation of the Pensions and Social Security Federal Law No.(7) of 1999,"Article (12) +The Employer shall, in the case of delay in paying the contributions to GPSSA exceeding the date +specified under Article No. (11) hereof, pay an additional amount of (0.1%) point one percent of +contributions for each day of delay, without the need for a notice or warning from GPSSA and +provided that such amoun t shall be calculated at the beginning of the month following that for +which the contributions are due or as from the date on which the approval of time extension is +granted as mentioned under Article No. (11) hereof and until the date of full payment. Minister of Finance Resolution of 2013 Concerning the Executive Regulations of Federal Law of 1999 Concerning +Pensions and Social Security 9 + " +family and community,Ministerial Resolution No. (1) of 2013 concerning the Executive Regulation of the Pensions and Social Security Federal Law No.(7) of 1999,"Article (13) +The Employer in the private sector which did not deduct contributions from all or some of its +employees or did not give contributions on the basis of real wages shall pay an additional amount +of 10% of the value of due contributions without th e need for prior warning or notice . + +Chapter Five +Adding Previous Service Periods and Purchase of Service Credits +Section One +Adding Previous Service Periods +" +family and community,Ministerial Resolution No. (1) of 2013 concerning the Executive Regulation of the Pensions and Social Security Federal Law No.(7) of 1999,"Article (14) +The periods of previous service may be added at the request of the Insured in accordance with +the following conditions : +1. The addition request shall be submitted as per the form designated by GPSSA for this purpose. +2. The said request shall be submitted before expiry of the service. +3. The certificates proving the periods required to be co mbined shall be enclosed with the said +request, on condition that such certificates shall be extracted from records or files of the +employers at which these periods were spent. +4. The periods required to be combined shall be spent at one of the entities defin ed under Article +No. (4) of the Law. +5. The costs of addition shall be paid at once by its share and the Employer's share calculated on +the basis of contribution account's salary on the date of submitting the addition request, +taking into account the followin g: +a. The payment may be made in monthly installments in accordance with the principles +established by the Board of Directors for this purpose, provided that the amount of +monthly installment is not less than a quarter of the salary and that the period of +installment does not exceed the Insured's age of sixty years or expiry of its service +whichever is earlier . +b. If the service of the Insured, who requests the addition, expired with the decease and the +total value paid thereby was (50%) of the total addition cos t, the obligation to pay the Minister of Finance Resolution of 2013 Concerning the Executive Regulations of Federal Law of 1999 Concerning +Pensions and Social Security 10 + remaining installments shall be dropped, but if the total value paid by the Insured from +the total addition cost was less than (50%), the remaining amounts shall be deducted to +reach this percentage from the pensions of its sur vivors . + +" +family and community,Ministerial Resolution No. (1) of 2013 concerning the Executive Regulation of the Pensions and Social Security Federal Law No.(7) of 1999,"Article ( 15) +The Insured may not combine the following previous service periods: +1. The previous service period for which the Insured was fully deprived of the pension or reward. +2. Periods of temporary service. +3. Periods of day service. +4. Periods of training prior to the appointment. + +Section Two +Adding Service Credits +" +family and community,Ministerial Resolution No. (1) of 2013 concerning the Executive Regulation of the Pensions and Social Security Federal Law No.(7) of 1999,"Article (16) +1. In order to accept the Insured's request on purchase of service credits, the following +requirements shall be fulfilled : +a. Such request shall be submitted as per the form desi gnated by GPSSA for this purpose . +b. Such request shall be submitted before expiry of the service . +c. Upon submitt ing such request, at least 20 years shall have been spent by the Insured in +the actual service calculated in the contribution period . +d. The service cr edit required to be purchased may not exceed 5 years as for the Insured, and +10 years for the Insured woman . +e. The Insured shall pay its share and the Employer's share for the period required to be +purchased, calculated on the basis of contribution account s alary on the date of purchase +order . +2. The total purchase costs shall be paid at once or in installments in accordance with the +principles established by the Board of Directors for this purpose, provided that the amount of +monthly installment is not less tha n a quarter of the salary and that the period of installment +does not exceed the Insured's age of sixty years or expiry of its service whichever is earlier. In +the case of the Insured's demise before paying the remaining installments pertaining to the Minister of Finance Resolution of 2013 Concerning the Executive Regulations of Federal Law of 1999 Concerning +Pensions and Social Security 11 + purc hase of service credits, they shall be continued to be collected from the pensions of its +survivors . + +Chapter Six +Pensions +Section One +Cases of Pensions Entitlement +" +family and community,Ministerial Resolution No. (1) of 2013 concerning the Executive Regulation of the Pensions and Social Security Federal Law No.(7) of 1999,"Article (17) +1. The Insured whose service is terminated by a disciplinary decision shall be entitled to a +pension in accordance with the procedures applicable at the Employer if the following +conditions are met: +a. If the Insured shall be deemed to have committed a violation against its job duties and this +necessitates termination of its service disciplinarily . +b. The disciplinary decision shall be final. +c. The insurance contribution period shall be at least 15 years. +d. The decision of service termination shall be issued by the competent authority concerned +with the appointment at the Employer an d based on the disciplinary decision. +e. The provisions mentioned under the service termination decision shall be observed in +determining the entitlement. +2. If the Insured's service expired as per a court ruling, the Insured shall be entitled to a pension +accor ding to the following two conditions: +a. Its contribution period shall be at least 15 years. +b. The court ruling shall be final. + +" +family and community,Ministerial Resolution No. (1) of 2013 concerning the Executive Regulation of the Pensions and Social Security Federal Law No.(7) of 1999,"Article (18) +1. The Insured whose service is terminated through resignation shall be entitled to a pension in +accordance with the following conditions : Minister of Finance Resolution of 2013 Concerning the Executive Regulations of Federal Law of 1999 Concerning +Pensions and Social Security 12 + a. The Insured shall submit its resignation supported by a written request submitted thereby +to the Employer and accordingly the Employer shall provide GPSSA with a certified copy +thereof . +a. Its insurance contribution period shall be at le ast 20 years . +b. The Insured shall reach at least 55 years old . +2. By way of exception from implementing Paragraph ( c) of Clause No. (1) of this Article, the +Insured whose service is terminated by resignation shall be entitled to a pension if the same +contribute d to the insurance in accordance with provisions of the Law before 28/2/2007, +reached 40 years old by this date and completed the contribution period of 20 years, provided +that this age shall be increased year by year for the purpose of pension disbursemen t as +follows : +SR From To Age +1 28/2/2007 27/2/2008 40 years +2 28/2/2008 27/2/2009 41 years +3 28/2/2009 27/2/2010 42 years +4 28/2/2010 27/2/2011 43 years +5 28/2/2011 27/2/2012 44 years +6 28/2/2012 27/2/2013 45 years +7 28/2/2013 27/2/2014 46 years +8 28/2/2014 27/2/2015 47 years +9 28/2/2015 27/2/2016 48 years +10 28/2/2016 27/2/2017 49 years +11 28/2/2017 27/2/2018 50 years + +" +family and community,Ministerial Resolution No. (1) of 2013 concerning the Executive Regulation of the Pensions and Social Security Federal Law No.(7) of 1999,"Article (19) +1. The Insured woman married, divorced, or widowed whose service ends by resignation shall +be entitled to a pension in accordance with the following conditions: +a. Any of the cases referred to under Clause No. (1) of this Article shall be proven by the +certificates duly ratified. Minister of Finance Resolution of 2013 Concerning the Executive Regulations of Federal Law of 1999 Concerning +Pensions and Social Security 13 + b. The Insured woman shall have a son or more under the age of 18 years and shall prove so +through the family book . +c. Her insurance contribution period shall be 20 years. +d. The Insured woman shall reach the age of 40 years old on 28/2/2007 then such age shall +be increased year by year for the purposes of pension disbursement, as per the table +mentioned under Clause No. (2) of this Article. +2. The Insured woman whose service is terminated by resignation shall be entitled to a pension +in accordance with the following conditions: +a. Her insurance contribution period shall reach 20 years. +b. Her a ge shall reach at least 50 years old. +c. By way of exception from implementing Paragraph (B) of this Clause, the Insured woman +shall be entitled to a pension if the same contributed to the insurance in accordance with +provisions of the Law before 28/2/2007 an d had reached by this date the age of 40 years +old upon submittal of her resignation, provided that this age shall be increased year by +year for the purpose of pension disbursement as follows: +SR From To Age +1 28/2/2007 27/2/2008 40 years +2 28/2/2008 27/2/2009 41 years +3 28/2/2009 27/2/2010 42 years +4 28/2/2010 27/2/2011 43 years +5 28/2/2011 27/2/2012 44 years +6 28/2/2012 27/2/2013 45 years +7 28/2/2013 27/2/2014 46 years +8 28/2/2014 27/2/2015 47 years +9 28/2/2015 27/2/2016 48 years +10 28/2/2016 27/2/2017 49 years +11 28/2/2017 27/2/2018 50 years + + + Minister of Finance Resolution of 2013 Concerning the Executive Regulations of Federal Law of 1999 Concerning +Pensions and Social Security 14 + " +family and community,Ministerial Resolution No. (1) of 2013 concerning the Executive Regulation of the Pensions and Social Security Federal Law No.(7) of 1999,"Article (20) +The Insured whose service is terminated by a federal or local decree shall be entitled to a pension +according to the following rules: +1. The Insured shall be included by the provisions of the Law. +2. The treasury of the concerned emirate government shall bear the actual costs resulted from +pension allocation if the Insured, on the date of terminating its service, was not entitled to a +pension in accordance with th e Law. The chairman of the Board of Directors shall issue a +decision to determine the method whereby the costs resulted from pension allocation are +calculated, and such costs shall be returned by GPSSA to the treasury of the concerned +emirate. +3. The provisio ns of this Article may not be applicable in the case where a decree on termination +of service is issued approving the Insured's resignation. + +Section Two +Calculation of Pension +" +family and community,Ministerial Resolution No. (1) of 2013 concerning the Executive Regulation of the Pensions and Social Security Federal Law No.(7) of 1999,"Article (21) +The Pension for the Insured in the public sector shall be calculated as follows: +1. The monthly pension shall be calculated according to the following equation: +a. (60%) x Pension Account Salary = the pension payable for 15 years of contribution. +b. The Pension shall be increased by 2% thereof for each year of contributio n exceeding 15 +years, up to a maximum of 35 years . +c. The maximum of pension shall be 100% of the pension account salary, and such +percentage shall be payable for a contribution period of 35 years . +d. The Insured whose period of service exceeds 35 years shall be entitled to a reward for the +exceeding period which shall be calculated by three -month salary for each year through +the pension account salary category . +2. The pension account salary: shall mean the average of contribution account salary for the last +three y ears in service divided by (63) if the contribution period reached 3 years or more . Minister of Finance Resolution of 2013 Concerning the Executive Regulations of Federal Law of 1999 Concerning +Pensions and Social Security 15 + 3. If the contribution period is less than 3 years, the pension account salary shall be calculated +by the average of contribution account salary for the entire period of servi ce divided by the +number of months . + +" +family and community,Ministerial Resolution No. (1) of 2013 concerning the Executive Regulation of the Pensions and Social Security Federal Law No.(7) of 1999,"Article (22) +The Pension of the Insured in the private sector shall be calculated as follows : +1. The pension account salary: shall mean the average of contribution account salary for the last +five years of service divided by (60) if the contribution period reaches 5 years or more. +2. If the contribution period is less than 5 years, the pension account salary shall be calculated +by the average of contribution account salary for the entire period of service divided by th e +number of months. +3. The last contribution account salary may neither exceed nor decrease 20% of the contribution +account salary average in the last four years of the insured's service or the actual period of +contribution if less than so . + +" +family and community,Ministerial Resolution No. (1) of 2013 concerning the Executive Regulation of the Pensions and Social Security Federal Law No.(7) of 1999,"Article (23) +1. By way of exception from Article No. (22) hereof, three credit years or whatever completes +the age of sixty years old whichever is less for the contribution period calculated in the +Pension and which may not be less than 15 years in all cases shall be added t o the pension +payable to the Insured whose service is terminated with natural decease or total disability. +2. The provisions of Paragraph No. (1) of this Article may not be applicable to the following +cases: +a. If the Insured reached or exceeded 60 years old upo n expiry of its service. +b. If the contribution period reached 35 years and more . +c. If the reason for service termination was the lack of health fitness. +d. If the reason for service termination was the decease or total disability resulted from a +professional inju ry. +3. The pension payable to the Insured in the public or private sector and whose service is +terminated with decease or total disability as a result of a professional injury shall be +calculated on the basis of a service credit period of (35) thirty -five yea rs. Minister of Finance Resolution of 2013 Concerning the Executive Regulations of Federal Law of 1999 Concerning +Pensions and Social Security 16 + " +family and community,Ministerial Resolution No. (1) of 2013 concerning the Executive Regulation of the Pensions and Social Security Federal Law No.(7) of 1999,"Article (24) +1. 10% of the Pension shall be deducted in the following two cases: +a. If the Pension was payable to the Insured as a result of terminating its service by dismissal, +removal or superannuation with a disciplinary decision or a court ruling. +b. If the Pension was payable to the Insured as a result of terminating its service in +accordance with the provisions of Clause (11) of article (16) of the Law. +2. The provisions of Clause (1) of this Article may not be applicable if the Insured's period of +service reached (25) twenty -five years and more. + +Section Three +Provisions Governing Pensions of Prime Minister, his Deputy , and Ministers +" +family and community,Ministerial Resolution No. (1) of 2013 concerning the Executive Regulation of the Pensions and Social Security Federal Law No.(7) of 1999,"Article (25) +The pensions of the prime minister, his deputy and ministers whose services are terminated shall +be settled as follows: +1. The pension payable shall be calculated on the assumption that the period of service has +reached (35) thirty -five years if the period spent in the ministerial office was two or more +years. +2. For the purposes of implementing Claus e No. (1) of this Article, the treasury of the +government shall bear the variance between both actual and virtual periods of service. +3. If the period spent in the ministerial office was less than two years, the end of service gratuity +shall be disbursed in accordance with the provisions of article (38) of the Law. +4. +a. The minister entitled to a pension in accordance with the provisions of the Law may +combine his pension from GPSSA and the salary received thereby from working for an +employer subjec t to the provisions of the Law. +b. The contributions for the retired minister's salary shall be paid when such minister returns +to work and his rights shall be settled upon expiry of his service in accordance with the +provisions of the Law. + Minister of Finance Resolution of 2013 Concerning the Executive Regulations of Federal Law of 1999 Concerning +Pensions and Social Security 17 + Section Four +Prov isions Governing Pensions of the Federal National Council Members +" +family and community,Ministerial Resolution No. (1) of 2013 concerning the Executive Regulation of the Pensions and Social Security Federal Law No.(7) of 1999,"Article (26) +The pensions payable to the President of Federal National Council, his two deputies, the +controller, and the Federal National Council member whose memberships are expired shall be +settled as follows: +1. The Pension shall be calculated on the assumption that the period of service reached 35 years +if the period spent in the Federal National Council membership was a full legislative term. +2. For the purposes of implementing Clause No. (1) of this Article, the treasury of the +government shall bear the variance in contributions between the actual period of +membership and the virtual period. +3. The Pension shall be calculated equivalently to the membership reward if the membership +expired due to the decease or lack of health fitness. +4. Those addressed under the provisions of this Article may combine between the following : +a. The pension payable by GPSSA and any other pension from any other entity in the State +except GPSSA. +b. The pension payable by GPSSA and any salary from any entity in the State. +c. The pension payable by GPSSA and the membership reward except if the person returned +to the Federal National Council membership after becoming entitled to a pension. + +Chapter Seven +Survivors and Conditions of their Entitlement +" +family and community,Ministerial Resolution No. (1) of 2013 concerning the Executive Regulation of the Pensions and Social Security Federal Law No.(7) of 1999,"Article (27) +1. The Insured's right to the Pension shall commence as from the day following the expiry of +service, and such pension shall be disbursed at the end of the due month. +2. The right of the Insured's or pensioner's survi vor shall commence at the beginning of the +month following the date of decease. Minister of Finance Resolution of 2013 Concerning the Executive Regulations of Federal Law of 1999 Concerning +Pensions and Social Security 18 + 3. The pensioner, its survivor, agent, guardian, or trustee for each of them shall notify GPSSA of +each accident which could cease or prevent from disbursement of pension as per t he +provisions of the law. + +" +family and community,Ministerial Resolution No. (1) of 2013 concerning the Executive Regulation of the Pensions and Social Security Federal Law No.(7) of 1999,"Article (28) +1. The husband shall be entitled to a share in the pension of his insured or pensioner wife if such +husband was incapable of earning a living. The case of disability and verifying its continuity +shall be proven once eve ry two years by a decision from the Competent Medical Committee +unless such Committee decides impossibility of his recovery . +2. +a. The son's share in the Pension shall be disbursed if his age is less than 21 years old on the +date of death, and such Pension shall be ceased when he reaches that age. +b. Notwithstanding the provision of Paragraph ( a) of this Article, the pension shall continue +to be disbursed to the son after reaching the age of 21 years on the date of decease in the +following cases : +1. If the son was incapable of earning a living, and consequently his share in the Pension +shall continue to be disbursed until such incapability status is removed. Removal of +such status and verification of its continuity shall be proven once every two years by +a decision from the Competent Medical Committee unless such Committee decides +impossibility of his recovery . +2. If the son was a student, and consequently his share shall continue to be disbursed +until the date on which he joins work, engages in a profession, o r reaches the age of +25 years old whichever is earlier. The share shall continue to be disbursed for +whoever reaches the age of 28 years old within a school year until its expiry . +3. +a. The widow(s) of the Insured or pensioner, or the revocably divorced woman if the +husband's decease occurs within ""Iddah"" of divorce (i.e. the waiting period during which +a woman may not marry another) shall be entitled to a share in her husband's pension . +b. The widow's pension shall be ceased once she gets married . + Minister of Finance Resolution of 2013 Concerning the Executive Regulations of Federal Law of 1999 Concerning +Pensions and Social Security 19 + 4. +a. The daughter if she does not join work or engage in a profession and is single, divorced or +widowed on the date of decease shall be entitled to her share in the Pension . +b. Any of the events referred to under Paragraph ( a) of this Clause shall be substantiated by +a certif icate issued by the competent court . +c. The daughter's share shall continue to be disbursed until she gets married, joins work, or +engages in a profession, and the Pension shall be returned thereto in the case of her +divorce or when she becomes a widow, provided that she has no salary from work or +another pension . +5. +a. The brother shall be entitled to his share in the Pension in accordance with the conditions +set forth under Clause No. (2) of this Article, provided that he was a dependent of the +deceased when he was alive . +b. The sister shall be entitled to her share in the Pension in accordance with the conditions +set forth under Clause No. (4) of this Article, provided that she was a dependent of the +deceased when he was alive . +6. +a. The father's share shall, if died during the life of his father, be transferred to the grandson +and granddaughter, provided that none of them has a pension from his father . +b. A father's share shall, if died after his entitlement to a pension from his father, be +transferred to his grandson and granddaughter . +c. The provisions precluding the son from the Pension and are mentioned under Clause No. +(2) of this Article shall be applicable to the grandson's entitlement, and the provisions +precluding the daughter from the Pension and ar e mentioned under Clause No. (4) of this +Article shall be applicable to the granddaughter's entitlement . +7. The father shall be entitled to a share in his deceased son's pension, if the father was +dependent on his son while he was alive . + + + Minister of Finance Resolution of 2013 Concerning the Executive Regulations of Federal Law of 1999 Concerning +Pensions and Social Security 20 + 8. + +a. The mother shall be entitled to a share of the pension if she was widowed or divorced at +the time when her son died or if her husband was dependent on her deceased son when +the latter was alive, and she did not have a salary or another pension . +b. The two events of divorce or w idowhood referred to in clause (a) of this subsection shall +be ascertained by virtue of a certificate issued by the competent court . + +" +family and community,Ministerial Resolution No. (1) of 2013 concerning the Executive Regulation of the Pensions and Social Security Federal Law No.(7) of 1999,"Article (29) +1. Pension shall be distributed to the survivors in accordance with the table No (1) attached to +the law, subjec t to the following rules : +a. If the pension was distributed to survivors and it was found that the share is less than the +limit set for the survivor's share set out in the article (24) of the law, it shall be raised to +this limit, provided the total of surviv ors' shares does not exceed the salary of calculated +pension; and in the case of such limit exceeding, the share of each survivor whose share +was raised shall be reduced to the minimum . +b. The survivors' shares of the pension shall be distributed in accordance with the table No +(1) attached to the law, provided it is verified that the conditions of their eligibility for such +shares are satisfied in accordance with the provisions of article (28) of this resolutio n. +c. If there is more than one survivor en titled to the share, it shall be distributed equally +among them . +2. Disbursement of an entitled survivor's share of the pension shall be discontinued in the +following cases : +a. The survivor joined a job with a salary greater than his share of the pension, with t he +exception of the widow as she may combine her salary from work and her share of the +pension of her husband, which she is entitled to. +b. Daughter, sister, or a son's daughter has been married. +c. Daughter, sister, or a son's daughter has practiced any profession. Minister of Finance Resolution of 2013 Concerning the Executive Regulations of Federal Law of 1999 Concerning +Pensions and Social Security 21 + d. Partial discontinuation of the survivor's pension for joining a job from which he is paid a +salary less than the pension, where the difference between the salary and the pension is +paid to him . +3. The survivor's share shall be discontinued in the following cases : +a. The survivor's death . +b. Widow's marriage . +c. Son has reached the age of twenty -first and is neither incapable to work nor a student . +4. +a. The entitled survivor's share of the pension shall be paid for the full month in which the +cause of the suspe nsion or discontinuation thereof occurred. +b. The survivor's share of the pension shall be re -paid as of the first day of the month that +follows the date of eligibility cause, and this also applies to the case of resuming +disbursement of the pension to the pe nsioner or to other survivors . + +" +family and community,Ministerial Resolution No. (1) of 2013 concerning the Executive Regulation of the Pensions and Social Security Federal Law No.(7) of 1999,"Article (30) +1. The wife's share shall devolve on her sons and daughters of her deceased husband, whether +he was the insured or the pensioner, and it shall be distributed evenly among them in the +following cases : +a. Death of both the wife and the insured or the pensioner . +b. Death of the wife after the death of the insured or the pensioner . +c. Marriage of widow after the death of the insured or the pensioner . +2. In the event that there are no sons and daughters as survivors their share shall devolve on the +widow or widows of the insured or the pensioner at the time of her death and it shall be +distributed evenly among them . +3. In the event that there are no widows as survivors their share shall devolve on the +commission . + +" +family and community,Ministerial Resolution No. (1) of 2013 concerning the Executive Regulation of the Pensions and Social Security Federal Law No.(7) of 1999,"Article (31) +1. The date of the insured or the pensioner's death shall be significant and taken into account +for the purposes of meeting the requirements for pension eligibility of the survivor . Minister of Finance Resolution of 2013 Concerning the Executive Regulations of Federal Law of 1999 Concerning +Pensions and Social Security 22 + 2. Notwithstanding the provisions of subsection (1) of this Article, the eligibi lity requirements +met by the survivor after the death of the insured or the pensioner shall be taken into account +in the following cases : +a. Divorce or widowhood of the daughter, sister, or mother after the death of the pensioner +with none of them having any other salary or pension . +b. Son's inability to earn a living without having any other salary or pension . +c. Brother's inability to earn a living without having any other salary or pension . +d. For the purposes of implementing the clauses (a, b, c) of this subsection, the survivor's +share of the pension, on the assumption that he is entitled for it, shall be given to him at +the date of death, provided that it is disbursed as of the first day of the month following +the incident of divorce or widowhood or esta blished evidence of disability. In this regard, +it is required that other survivors' shares of the pension shall not be affected, the General +Authority for Pensions and Social Security (GPSSA) shall bear the new shares and these +shares shall not be re -paid to other parties if the requirements for suspending or +discontinuing the pension are met in accordance with the provisions of the law . + +Chapter Eight +Combining More than One Pension and Combining Pension and Salary +" +family and community,Ministerial Resolution No. (1) of 2013 concerning the Executive Regulation of the Pensions and Social Security Federal Law No.(7) of 1999,"Article (32) +1. The pensioner shall be proh ibited from combining two pensions received from GPSSA; and if +he is entitled to two pensions, the pension of the greatest value shall be paid to him. +2. Without prejudice to the provisions of Articles (25) and (26) of this resolution, if the pensioner +return s to work with a salary on a regular basis for anybody in the state, the following shall be +observed with regard to his pension: +a. If the salary from work is greater than the pension, disbursement of pension shall be +suspended until the termination of his su bsequent service. +b. If the salary is less than the value of the pension, he shall be granted from pension an +amount equivalent to the difference between the pension and the work salary, and the +pension shall be re -paid to him at the end of his service . Minister of Finance Resolution of 2013 Concerning the Executive Regulations of Federal Law of 1999 Concerning +Pensions and Social Security 23 + 3. Notwi thstanding the provisions of the two subsections (1 ) and (2) of this Article, the +pensioner may combine two pensions or combine a pension and a salary in the following +cases : +a. If the two pensions or the pension and the salary had been combined prior to the date +when the law came into force . +b. If the total of the two pensions or the pension combined with the salary does not exceed +(9000) nine thousand Dirham, and if it is more than this, his right shall be restricted to the +amount that does not exceed it. +c. If the pensioner spent at least (25) twenty -five years in the government work, for which +he became entitled to a pension, provided that his service, for which he became entitled +to a pension ended for the reasons set forth in the subsections (6) and (11) of A rticle (16) +of the law . +4. +a. Government work: means working for any of the ministries, public bodies and federal or +local public institutions governed by the provisions of this law, and any other +governmental entity to which the rule of law applies. +b. It shall not be a government work: working for one of the public companies and banks +owned or a portion of their capital is contributed to by the federal or local government +even if it is considered a government sector in accordance with the provisions of the law . +5. +a. Any entitled survivor shall be prohibited from combining more than a share of the pension +received from GPSSA, and in case he is entitled for that, the largest share shall be paid to +him . +b. If the survivor returns to work on a regular basis for anybody in the state, including GPSSA, +and his salary is larger than his share of the pension, his share of the pension shall be +suspended; but if the salary is less than the pension, he shall be granted from pension an +amount equivalent to the difference between the pension and the work salary . +c. Notwithstanding the provisions of clauses (a and b) of this subsection, the widow has the +right to combine her share of her husband's pension and her work salary; and also has the Minister of Finance Resolution of 2013 Concerning the Executive Regulations of Federal Law of 1999 Concerning +Pensions and Social Security 24 + right to combine her pension, approved in her personal capacity, with her share of her +husband's pension . + +Chapter Nine +Devolution of Survivors' Shares +" +family and community,Ministerial Resolution No. (1) of 2013 concerning the Executive Regulation of the Pensions and Social Security Federal Law No.(7) of 1999,"Article (33) +1. The share of a child (whether male or female) in the pension that is suspended or +discontinued according to the provisions of articles (29 ) and (40) of this resolution shall +devolve on the remainder children in the range of their accrued shares before they are raised +to the established minimum due to the survivor's share as set in article (24) of the law; and if +the reason for su spension or discontinuation is removed, their shares of the pension shall be +reduced as much as the value of the shares devolved on them because of pension suspension +or discontinuation . +2. Subject to the provisions of subsection (1) of this Article, the amou nts that are not disbursed +from the children's shares when there are no other survivors shall devolve on the pensioner's +widow, provided her share does not exceed (3/4) three -quarters of the pension, or full +pension in the case of multiple widows and such amount shall be distributed evenly among +them . +3. The provision of subsection (1) of this article shall not apply to the case of discontinuing or +suspending the pension paid to one of the children (whether male or female) who became +entitled to shares of the pension after the death of the pensioner pursuant to the provisions +of article (31) of the law . +4. +a. If the parents are entitled to shares of the pension and one of them has died, the +deceased's share shall devolve on the other, but if they both have died, th eir share shall +devolve on the pensioner's children . +b. If the parents' pension has been discontinued and there are no survivors other than the +widow, the share of them both shall devolve on the widow, provided her share does not +exceed (3/4) three -quarters o f the pension . Minister of Finance Resolution of 2013 Concerning the Executive Regulations of Federal Law of 1999 Concerning +Pensions and Social Security 25 + c. If the parents' pension has been discontinued and there are no survivors but the brothers, +their share shall devolve on them, provided their share does not exceed (1/2) half of the +pension . +5. +a. If a brother's share of the pension has been discontinued, his share shall devolve on his +remainder brothers; and in case there is none of them, the share shall devolve on the +pensioner's children . +b. If the brothers' share of the pension has been discontinued an d there are no survivors but +the parents, their share shall devolve on them both, provided the share of parents does +not exceed (3/4) three -quarters of the pension . +c. If the brothers' share of the pension has been discontinued and there are no survivors but +the widow, their share shall devolve on her, provided her share does not exceed (3/4) +three -quarters of the pension . +6. The maximum share of one single survivor of the pensioner shall be (3/4) three -quarters of +the pension . +7. If the reason for suspending the entitled survivor's share of the pension has been removed, +the shares shall go back to their previous normal state before the pension suspension . +8. The share that is not paid to anybody shall devolve to GPSSA . + +Chapter Ten +Denial or Suspension of the Right to Pension or Gratuity +" +family and community,Ministerial Resolution No. (1) of 2013 concerning the Executive Regulation of the Pensions and Social Security Federal Law No.(7) of 1999,"Article (34) +1. The insured or the pensioner shall in no way be denied pension or gratuity unless by virtue of +a disciplinary decision issued by the competent body of the employer, provided that the +stated decision is issu ed for the acts that had been made by the insured before the end of his +service. +2. No deduction of nor attachment shall be made on the amounts payable, according to the +provisions of the law, to the pension or gratuity holder or to survivors except for paying the +following debts in the order of priority below: +a. Debt of the legal alimony adjudged by the judiciary . Minister of Finance Resolution of 2013 Concerning the Executive Regulations of Federal Law of 1999 Concerning +Pensions and Social Security 26 + b. Government debt to repay what is claimed from the insured for some reason related to +performance of his job or to recover what was unjustly paid to him. +3. For the purposes of implementing the subsections (1) and (2) of this article: +a. The decision of pension or gratuity denial shall not exceed the quarter. +b. The deduction or attachment shall not exceed the limits of a quarter of pension or gratuity. +4. If one of the debts has not taken a quarter of the pension or gratuity, the remainder amount +of the quarter shall be deducted for the next debt in the order of priority. +5. If there were many legal alimony debts, deduction shall be made to their advantage in +proportion to each debt, provided the total deduction does not exceed the amount of the +quarter. + +" +family and community,Ministerial Resolution No. (1) of 2013 concerning the Executive Regulation of the Pensions and Social Security Federal Law No.(7) of 1999,"Article (35) +1. If the nationality of the State has been dropped or withdrawn from the insured or the +pensioner, he shall be denied the pension he is entitled to in accordance with the provisions +of this law; and in the event of his death, his survivors shall be paid all their complete shares +as of the first day of the month following the date of death, provided that they are citizens of +the State. +2. If the entitled su rvivor of a share of the pension is a non -citizen of the State or its nationality +was withdrawn from him, half his share of the pension shall be paid to him . + +Chapter Eleven +General Provisions +" +family and community,Ministerial Resolution No. (1) of 2013 concerning the Executive Regulation of the Pensions and Social Security Federal Law No.(7) of 1999,"Article (36) +Any provision contrary to or inconsistent with the provisions of this resolution is superseded. + + + + + Minister of Finance Resolution of 2013 Concerning the Executive Regulations of Federal Law of 1999 Concerning +Pensions and Social Security 27 + " +family and community,Ministerial Resolution No. (1) of 2013 concerning the Executive Regulation of the Pensions and Social Security Federal Law No.(7) of 1999,"Article (37) +This resolution shall be published in the Official Gazette and enter into force from the date of its +publication . + + + +Hamdan bin Rashid Al Maktoum +Deputy Ruler of Dubai – Ministe r of Finance +Chairman of the GPSSA Board of Directors + +Issued by Us in Abu Dhabi, +On: 20 May 2013 AD " +family and community,Federal Law No. (9) of 2023 concerning the Regulation of Houses of Worship for Non-Muslims,"Article (1) +Definitions +In application of the provisions of this Law, the following words and expressions shall have +the meanings ascribed thereto unless the context otherwise requires: +Federal Law of 2023 concerning the Regulation of Houses of Worship for Non -Muslims + 2 + +State : United Arab Emirates. +Ministry : Ministry of Community Development. +Minister : Minist er of Community Development +Local +Authority : The Local Authority concerned with licensing, +supervising and controlling Houses of Worship, within +whose jurisdiction the headquarters of the House of +Worship falls. +Competent +Authority : The Ministry or Local Authority, as the case may be. +Relevant +Authorities : Federal or Local Authorities concerned with the +activities carried out by the House of Worship. +Committee : The Committee responsible for determining the +practices, rituals, and worship of Non -Muslim +religions, sects, and beliefs within the Sta te. +Religions, +Sects and +Beliefs : A group of Non -Muslim religions, sects, and beliefs +whose practices, worship, and rituals within the State +are determined by the Committee. +Houses of +Worship : Places licensed to perform practices, worship, and +conduct religious rituals for religions, sec ts, and beliefs, +including the facilities attached thereto. +Room of +Worship + : Designated and authorised rooms at airports for +performing prayers for religions, sects and beliefs in +coordination with the Competent Authority. +Federal Law of 2023 concerning the Regulation of Houses of Worship for Non -Muslims + 3 + The Board of +Directors + : The B oard responsible for managing the affairs of the +House of Worship. +Members + : The Founding Members and everyone who joins the +membership of the House of Worship in accordance +with its by -laws. +Supervisor + : The natural person appointed by the Board to carry +out the executive work related to the House of +Worship in accordance with by -laws. +Register + : A database for registering Houses of Worship and +rooms. + +" +family and community,Federal Law No. (9) of 2023 concerning the Regulation of Houses of Worship for Non-Muslims,"Article (2) + Law Objectives +This Law aims to achieve the following: +1. Regulate Places and Rooms of Worship in the State. +2. Consolidate the values of tolerance and coexistence. + +" +family and community,Federal Law No. (9) of 2023 concerning the Regulation of Houses of Worship for Non-Muslims,"Article (3) +Scope of Application +Provisions of this Law shall apply to Places and Rooms of Worship in the State, including the +Free Zones. + +Federal Law of 2023 concerning the Regulation of Houses of Worship for Non -Muslims + 4 + " +family and community,Federal Law No. (9) of 2023 concerning the Regulation of Houses of Worship for Non-Muslims,"Article (4) + Committee +1. The Committee shall be formed that shall be responsible for determining the practices, +Worship, religious rituals, sects, and beliefs within of Non -Muslim in the State. +2. The formation of the Committee, its work system, and its other powers shall be issued by +a resolution of the Cabinet based on th e Minister proposal. + +" +family and community,Federal Law No. (9) of 2023 concerning the Regulation of Houses of Worship for Non-Muslims,"Article (5) + Register +A register shall be created by the Competent Authority in which the Places and Rooms of +Worship that it licences or allocates shall be recorded. The Executive Regulations of this law +shall specify the data and information that shall be recorded in this reg ister. + +" +family and community,Federal Law No. (9) of 2023 concerning the Regulation of Houses of Worship for Non-Muslims,"Article (6) + Conditions for Licensing Houses of Worship +Subject to the requirements determined by the Local Authority, the following conditions shall +be required for a licence to establish House of Worship: +1. The number of Founding Members of the Ho use of Worship shall not be less than +twenty (20) people, provided that each one of them shall fulfil the following conditions: +a. The Founding Member shall not be less than forty (40) years of age at the time of +submitting the Licence Application. The Compet ent Authority may make an +exception to this condition. +b. The Founding Member has full capacity; +Federal Law of 2023 concerning the Regulation of Houses of Worship for Non -Muslims + 5 + c. The Founding Member shall be of good conduct and of good reputation, and he has +not been previously sentenced to imprison penalty in a felony or misdemeanour of +breaching honour or trust, unless he has been rehabilitated; and +d. The Founding Member shall be a follower of the religion, sect, or belief for which the +House of Worship is to be licensed, and he shall submit an acknowledgement +thereof. +e. The Founding Member have resided in the State for a term of no less than (5) five +years immediately preceding the s ubmission of the application. +f. The Founding Member shall submit a recommendation certificate from the parent +House of Worship determined by the Committee. +g. The Founding Member shall not be a diplomat. +h. The Founding Member shall provide proof of the ability to bear the costs of +establishing and operating the House of Worship. +2. The House of Worship to be licensed shall belong to one of the religions, sects, or beliefs +whose practices, rituals, and worship in the State the Committee has determined. +3. All Founding Member shall sign the by -laws of the House of Worship, recording the +necessary data in it according to the form stipulated in Clause (4) of article (8) of this +law. +4. The licensing of a House of Worship shall not prejudice public order. +5. Any othe r conditions determined by the Competent Authority. + +" +family and community,Federal Law No. (9) of 2023 concerning the Regulation of Houses of Worship for Non-Muslims,"Article (7) +Allocation of Rooms of Worship +Rooms of Worship may be allocated in coordination with the Competent Authority, and the +Federal Law of 2023 concerning the Regulation of Houses of Worship for Non -Muslims + 6 + Executive Regulations of this law specify the conditions, controls and pr ocedures for +allocation. + +" +family and community,Federal Law No. (9) of 2023 concerning the Regulation of Houses of Worship for Non-Muslims,"Article (8) +Articles of Association +1. Every House of Worship shall have by -laws, approved at a meeting of the Founding +Members. +2. Subject to the data requested by the Local Authority, the by -laws of the House of +Worship shall include the following: +a. The name of the House of Worship and its headquarters, provided that it does not +create confusion with the name of another House of Worsh ip licensed in the same +Emirate, and that its name is not linked to the name of national symbols or figures, or +the name of the country or any of the Emirates or any of the regions or landmarks in +the State. +b. The purpose for which the House of Worship is es tablished. +c. An overview of the religion, sect, or belief whose practices, worships, and religious +rituals shall be performed in the House of Worship, and the schedule and times for +holding its religious rituals. +d. Membership conditions, types, procedures for acceptance and cancellation, and +members rights and duties. +e. Rules of Articles of Association Amendment +f. All information related to the financial resources of the House of Worship, their +sources, methods of collecting or collecting them, the rules of its man agement and +disposal, the method of monitoring its spending, the records by which it is kept, and +Federal Law of 2023 concerning the Regulation of Houses of Worship for Non -Muslims + 7 + the beginning and end of its financial year. +g. The bank accounts of the House of Worship, and the rules and controls for opening, +managing, operating and closing those accounts. +h. Conditions and controls for the voluntary dissolution and closure of a House of +Worship. +i. The fate of the House of Worship fun ds upon dissolution and liquidation. +3. A House of Worship may not make any amendments to its Articles of Association except +after obtaining prior approval from the Competent Authority. +4. The Competent Authority shall develop a model of the by -laws for Houses o f Worship +for guidance. + +" +family and community,Federal Law No. (9) of 2023 concerning the Regulation of Houses of Worship for Non-Muslims,"Article (9) +Licence Application +1. The Founding Members shall select from among themselves a temporary Committee +whose members shall not be less than three (3) persons to act on their behalf in +submitting the Licence Application and following up on the procedures stipulated in this +law and its Executive Regulations. +2. The temporary Committee shall submit the Licence Application to the Competent +Authority, attaching to it the by -laws signed by the Founding Members in accordance +with the procedures and documents specified by the Executive Regula tions of this law. +3. The Competent Authority shall study the Licence Application, and may request the +temporary Committee, within sixty (60) days from the date of submitting the +application, to enter any data or amendments to the Articles of Association and complete +any documents. +Federal Law of 2023 concerning the Regulation of Houses of Worship for Non -Muslims + 8 + 4. The Competent Authority shall issue its decision to initially approve or reject the +application within sixty (60) days of the application completing all necessary data and +documents. + +" +family and community,Federal Law No. (9) of 2023 concerning the Regulation of Houses of Worship for Non-Muslims,"Article (10) +Fulfilling the Licensing Requirement s and Conditions +After obtaining initial approval from the Competent Authority, the temporary Committee +shall fulfil the licensing requirements and conditions specified by the Executive Regulations +of this law within a term not exceeding (6) six months fro m the date of the initial approval. +Otherwise, this approval shall be considered cancelled, and the Competent Authority may +extend this term for similar terms. Not more than (3) three years if the House of Worship is +still under construction or under the p rocess of obtaining some official approvals. + +" +family and community,Federal Law No. (9) of 2023 concerning the Regulation of Houses of Worship for Non-Muslims,"Article (11) + Licence decision, term and renewal +1. The Competent Authority issues the decision to licence the House of Worship with in +sixty (60) days from the date on which all requirements and conditions are met. +2. The Licence term for a House of Worship is a maximum of two years. +3. The Licence shall be renewed in accordance with the conditions and procedures +specified by the Executive R egulations of this law, and the Head of the Competent +Authority may make an exception to the Licence term upon renewal. + + +Federal Law of 2023 concerning the Regulation of Houses of Worship for Non -Muslims + 9 + " +family and community,Federal Law No. (9) of 2023 concerning the Regulation of Houses of Worship for Non-Muslims,"Article (12) +Legal Personality +The House of Worship shall acquire legal personality from the date of issuance of the final +licence from the Competent Authority. + +" +family and community,Federal Law No. (9) of 2023 concerning the Regulation of Houses of Worship for Non-Muslims,"Article (13) +The Board of Directors +1. The affairs of the House of Worship are managed by a Board of Directors concerned with +providing the necessary means to carry out its activities and achieve its purposes. The +Chairman of the Boa rd of Directors shall represent the House of Worship in its dealings +with others and before the judiciary. +2. Both the Chairman and members of the Board of Directors shall meet the conditions for +Founders stipulated in Clause (1) of article (6) of this law. +3. The by -laws of the House of Worship shall determine the powers of the Board of +Directors, the number of its members, the term of membership, how they are selected, +other conditions that shall be met by them, its work system, and other provisions. +4. The Board of Directors shall appoint a supervisor for the House of Worship, and the by - +laws of the House of Worship shall determine his duties and responsibilities and the +method and procedures for his appointment. + +" +family and community,Federal Law No. (9) of 2023 concerning the Regulation of Houses of Worship for Non-Muslims,"Article (14) + Annual Meeting +Every House of Worship shall hold an annual meeting, and it may hold urgent meetings +Federal Law of 2023 concerning the Regulation of Houses of Worship for Non -Muslims + 10 + whenever the need arises. The Articles of Association of the House of Worship shall specify +the rules for organising these meetings, their terms of reference, the procedures for calling +them, t he conditions for the validity of their holding, and the mechanism for making their +decisions. The Competent Authority shall appoint a representative to attend these meetings +and supervise them. + +" +family and community,Federal Law No. (9) of 2023 concerning the Regulation of Houses of Worship for Non-Muslims,"Article (15) +Financial Resources +The financial resources of a House of Worship shall consist of membership subscriptions, if +any, and gifts, bequests, and grants that the House of Worship receives within its spatial +framework after the approval of the Competent Authority in accordance with the provisions +of this law . + +" +family and community,Federal Law No. (9) of 2023 concerning the Regulation of Houses of Worship for Non-Muslims,"Article (16) +House of Worship Funds +1. The House of Worship Funds are its property, and its Members or Founders have no +right to it or claim any part thereof. +2. A House of Worship may not collect or receive donations or accept gifts, subsidies, +bequests or grants from any person or entity outside the State. +3. A House of Worship may not transfer, provide, or transfer any aid, support, assistance, or +funds outside the country except after obtaining prior approval from the Competent +Authority. + +Federal Law of 2023 concerning the Regulation of Houses of Worship for Non -Muslims + 11 + " +family and community,Federal Law No. (9) of 2023 concerning the Regulation of Houses of Worship for Non-Muslims,"Article (17) +Bank Accounts +Every House of Worship shall have a bank account in one of the banks operating in the State, +in accordance with the controls and conditions specified by the Executive Regulations of this +law. + +" +family and community,Federal Law No. (9) of 2023 concerning the Regulation of Houses of Worship for Non-Muslims,"Article (18) +Records and Books +A House of Worship shall keep at its headquarters records, books, programmes, and electronic +systems related to all its activities for a term of not less than (10) ten years, and they m ay not +be destroyed except after the approval of the Competent Authority. + +" +family and community,Federal Law No. (9) of 2023 concerning the Regulation of Houses of Worship for Non-Muslims,"Article (19) +House of Worship Obligations +The House of Worship shall comply, as follows: +1. Spend its funds to achieve the purposes for which it is established. +2. Use the House of Worship for the purposes specified in its Articles of Association. +3. Make no amendment to its by -laws, change the presidency or membership of the Board +of Directors or its supervisor, or change its name or headquarters except after obtaining +the approval of the Competent Authority. +4. Provide the Competent Authority with all the data and information it requests related to +the affairs of the House of Worship. +5. Enable the employee s of the Competent Authority to enter the headquarters of the +Federal Law of 2023 concerning the Regulation of Houses of Worship for Non -Muslims + 12 + House of Worship, and to view and audit its documents, records, and books. +6. Provide the Competent Authority with its annual budget and financial statements within +a term not exceeding three (3) m onths from the end of the fiscal year. +7. The legislation in force in the State. +8. Any other obligations as determined by the Competent Authority; + +" +family and community,Federal Law No. (9) of 2023 concerning the Regulation of Houses of Worship for Non-Muslims,"Article (20) + Prohibitions on the Houses and Rooms of Worship +May not use or exploit Houses or Rooms of Worship for the following: +1. Use it for purposes other than its intended use. +2. Insult the teachings on which any religion, sect, or other belief is based i n accordance +with the provisions of this law, or religions stipulated in other legislation in force in the +State, or calling for that. +3. Interfere in the politics, internal or external affairs of the State or its law of government, +or harming public order. +4. Provoke sectarian, racial, religious or ethnic strife, or calling for extremism or violence. +5. Practice any activities aimed at preaching the gospel or calling for one religion, sect, or +belief. +6. Practice any worship, religious rites or rituals outside Houses of Worship. +7. Organise conferences, seminars, gatherings or events without obtaining the approval of +the Competent Authority. +8. Dispose of its funds for purposes other than those for which they were established. +9. Hold external meetings and conferences or joini ng Places of worship, organisations, +bodies, associations or entities based outside the country. +Federal Law of 2023 concerning the Regulation of Houses of Worship for Non -Muslims + 13 + 10. Practice any rites or rituals that lead to harm to oneself or others or threaten the health, +safety or security of any person, visitor or worker of the House o f Worship. +11. Collect donations, allowing them to be collected, or announcing them through audio, +print, visual, social media, or any other means. +12. To have an official or informal relationship with the diplomatic or official institutions of +any State in any capacity. +13. Interfere in the internal or foreign politics of other States or using a House of Worship as +a platform for that. +14. Any other actions that the Competent Authority prohibits Houses or Rooms of Worship +from performing. + +" +family and community,Federal Law No. (9) of 2023 concerning the Regulation of Houses of Worship for Non-Muslims,"Article (21) +Prohibition of Construction, Al location or Practice in violation of the +provisions of the law +1. May not establish or allocate Houses or Rooms of Worship in violation of the provisions +of this law, its Executive Regulations, and the decisions issued in implementation +thereof. +2. May not perform any practices or worship, hold any religious rites or rituals, or engage in +any activities at the headquarters of the proposed House of Worship, before all +procedures are completed and a decision is issued to licence the House of Worship. + + + + +Federal Law of 2023 concerning the Regulation of Houses of Worship for Non -Muslims + 14 + " +family and community,Federal Law No. (9) of 2023 concerning the Regulation of Houses of Worship for Non-Muslims,"Article (22) + Supervision +The Competent Authority has the right to supervise Houses of Worship within the scope of its +purposes specified in its Articles of Association, review the financial and administrative +aspects and request any information or data. + +" +family and community,Federal Law No. (9) of 2023 concerning the Regulation of Houses of Worship for Non-Muslims,"Article (23) +Data, Information and Reports +1. Local Authorities shall provide the Ministry with data, information and reports regarding +the places and Rooms of Worship that it licences or allocates, in accordance with the +controls and mechanisms that are agreed upon. +2. The employees of the Competent Authorities are committed to maintaining the +confidentiality of these data, information and reports and not disclosing them or +allowing others to access them. + +" +family and community,Federal Law No. (9) of 2023 concerning the Regulation of Houses of Worship for Non-Muslims,"Article (24) +Administrative Penalties +1. Without prejudice to criminal liability or any other administrative penalties stipulated in +any other law, the Competent Authority may impose any of the following administrative +penalties on Houses of Worship in the event that they violate any of the provi sions of +this law, its Executive Regulations, or the decisions issued in implementation thereof: - +a. Warning. +b. Temporarily suspend the activity of the House of Worship for a term not exceeding +Federal Law of 2023 concerning the Regulation of Houses of Worship for Non -Muslims + 15 + three (3) months, extendable for similar terms. +c. Dismiss the Board of Directors and coordinating with the relevant authorities to +appoint a temporary Board of Directors to exercise all its powers for a term of (6) six +months, extendable for another similar term. +d. The administrative fine shall not be less than (5,000) five thousand AED and not +more than (1,000,000) one million AED. +2. The Executive Regulations of this law specify the procedures for imposing penalties and +filing complaints against them. + +" +family and community,Federal Law No. (9) of 2023 concerning the Regulation of Houses of Worship for Non-Muslims,"Article (25) +Mandatory Dissolution and Closure +1. Without prejudice to criminal liability, the head of the Competent Authority shall issue a +decision to dissolve and close the House of Worship in coordination with the Relevant +Authorities in the event of committing any of the prohibitions stipulated in article (20) of +this law. +2. The Chairman of the Board of Directors shall file appeal against the decision referred to +in Clause (1) of this Article, within a term not exceeding (15) fifteen days from the date +of notification . The appeal shall be decided by a reasoned decision within (30) thirty +working days from the date of its submission, and the complainant shall be informed of +the appeal result. + +" +family and community,Federal Law No. (9) of 2023 concerning the Regulation of Houses of Worship for Non-Muslims,"Article (26) +Voluntary Dissolution and Closure +Unless the Articles of Association stipulates otherwise, a House of Worship may be dissolved +Federal Law of 2023 concerning the Regulation of Houses of Worship for Non -Muslims + 16 + and closed voluntarily in accordance with the following controls: +1. Based on the proposal of the Board of Directors or at least a quarter of the members of +the Hous e of Worship. +2. The Council shall invite all members of the House of Worship to an emergency meeting +to decide on the proposal for dissolution and closure. The decision shall be issued by a +three -quarters majority of the members attending the meeting. +3. The Board of Directo rs shall inform the Competent Authority of the date and place of the +meeting, at least fifteen (15) days before the date specified for the meeting. +4. The decision to dissolve and close shall be issued by the Head of the Competent +Authority. + +" +family and community,Federal Law No. (9) of 2023 concerning the Regulation of Houses of Worship for Non-Muslims,"Article (27) + Diss olution Rules +1. The decision issued by the Head of the Competent Authority for dissolution and closure +shall determine the dissolution procedures, how to dispose of the funds, books and +records of the House of Worship, and the fate of those funds unless spe cified by the +Articles of Association or is not possible to implement. +2. The House of Worship regarding which the decision to dissolve and close is issued shall +remain a legal entity to the extent necessary to complete its liquidation procedures. +3. The Head of the Competent Authority shall issue a decision to remove the House of +Worship from the register after completing the dissolution procedures. + + + +Federal Law of 2023 concerning the Regulation of Houses of Worship for Non -Muslims + 17 + " +family and community,Federal Law No. (9) of 2023 concerning the Regulation of Houses of Worship for Non-Muslims,"Article (28) + Penalties +1. Anyone who violates the provisions of this law and the regulations and decision s +implementing it shall be punished with a fine of not less than (100,000) one hundred +thousand AED and not more than (3,000,000) three million AED. +2. The imposition of the penalties stipulated in this Law shall be without prejudice to any +more severe penalt y stipulated in any other law. + +" +family and community,Federal Law No. (9) of 2023 concerning the Regulation of Houses of Worship for Non-Muslims,"Article (29) +Judicial Enforcement +The Minister of Justice, or the Head of the Local Judicial Authority, each within the limits of +his jurisdiction, in agreement with the Head of the Competent Authority, may grant Judicial +Officer capacity to some employees of the Competent Authority to prove violations of the +provisions of this law, its Executive Regulations, and the decisions issued pursuant to it within +the scope of their jurisdiction. + +" +family and community,Federal Law No. (9) of 2023 concerning the Regulation of Houses of Worship for Non-Muslims,"Article (30) +Reconciliation +Houses of Worship existing on the effective date of this law shall reconcile in accordance with +its provisions, within (6) six months from the date of implementation of its Executive +Regulations, and the Competent Authority may extend this term for similar terms not +exceeding two years. + +Federal Law of 2023 concerning the Regulation of Houses of Worship for Non -Muslims + 18 + " +family and community,Federal Law No. (9) of 2023 concerning the Regulation of Houses of Worship for Non-Muslims,"Article (31) + Executive Regulations +The Cabinet, based on the Minister proposal in coordination with the Local Authorities, shall +issue the Executive Regulations for this law within (6) six months from the date of its +impleme ntation. + +" +family and community,Federal Law No. (9) of 2023 concerning the Regulation of Houses of Worship for Non-Muslims,"Article (32) +Repeals +Any provision that violates or contradicts the provisions of this Law shall be repealed. + +" +family and community,Federal Law No. (9) of 2023 concerning the Regulation of Houses of Worship for Non-Muslims,"Article (33) + Law Publication and Enforcement +This Law shall be published in the Official Gazette and shall come into force after (6) six +months from the date of its publication. + + +Mohammed Bin Zayed Al Nahyan +President of the United Arab Emirates + + + +Issued by Us at the Palace of the Presidency in Abu Dhabi: +Dated: May 31, 2023 +Corresponding to: 11 Dhul -Qidah 1444 H " +family and community,Cabinet Resolution No. (52) of 2018 Concerning the Executive Regulation of Federal Law No. (3) of 2016 on Child Rights Law (Wadeema),"Article (1) +Definitions +In implementation of the provisions hereof , the following words and expressions shall bear the +meanings assigned thereto herein respectively, unless the context otherwise requires: +The State : The United Arab Emirates. +The Ministry : The Ministry of Community Development. +The Minister : The Minister of Community Development. +The Competent +Authorities : The federal authorities concerned with child affairs. +The Bodies Concerned : The local authorities concerned with child affairs. +The Child : Each and every human being born alive and below 18 years of age. +The Custodian : The person legally in charge of the Child or entrusted with the +Child’s custody. +The Foster Family : The alternative family entrusted with the custody and care of the +Child. +The Child Protection +Specialist : The person duly licensed and assigned by the Competent Authority +or the bodies concerned , as the case may be, to preserve the Child +Cabinet Resolution No. (52) of 2018, Concerning the Executive Regulations of Federal Law No. (3) of 2016 on Child Rights +Law (Wadeema) 2 + rights and protect the Child within his competencies , as set forth +under the Law and herein . +Child Abuse : Each and every act or omission that would be detrimental to the +Child in a manner that prevents his upbringing and growth in a +proper , safe and healthy manner. +Child Neglect : Failure of parents or custodians to take the measures necessary for +protecting the Child ’s life and physical, psychological, mental, and +moral wellness from danger and preserving his various rights. +Violence Against the +Child : The deliberate use of force against any child by any individual or +community, inflict ing actual harm to the Child ’s health or growth or +survival . +The Child’s Best Interest : Put the Child ’s interest above all consideration s and give priority +and preference thereto in all circumstances , regardless of the +interests of other parties. +The Child Protection +Unit : The organizational units , reporting to the Competent Authorities or +the bodies concerned , having sole competence to implement the +Child protection mechanisms and measures provided for under the +Law and herein. +The Social Care +Institution : The institution , reporting to the Comp etent Authorities or the bodies +concerned , that provides social care and accommodation services +for the Child abused or deprived of family care. +The Therapeutic Shelter : The medical, social, or psychological facility that provides treatment +and rehabilitation services for child molestation perpetrators. +The Educational +Institution : The public or private institution wherein a student is enrolled in +education stages within the State under t he supervision of the +Ministry or the educational body. +The Approved Form : The Child status assessment form approved by the Ministry in +coordination with the bodies concerned . +The Law : Federal Law No. (3) of 2016 on Child Rights Law (Wadeema). + + +Cabinet Resolution No. (52) of 2018, Concerning the Executive Regulations of Federal Law No. (3) of 2016 on Child Rights +Law (Wadeema) 3 + " +family and community,Cabinet Resolution No. (52) of 2018 Concerning the Executive Regulation of Federal Law No. (3) of 2016 on Child Rights Law (Wadeema),"Article (2) +Conditions of Child Labor +1. The Ministry shall , in coordination with the Ministry of Human Resources and Emiratization , study +the applications for child employment, provided that the same shall be submitted in writing by the +Child 's guardian or custodian to the Ministry. +2. In order for the Child to be employed , the following are stipulated : +a. The Child must n ot be less than fifteen years of age . +b. The Child must be m edically fit for the work he is required to be engaged in. +c. Any other conditions determined by the Ministry or the Ministry of Human Resources and +Emiratization . +3. The Ministry shall, if the employment application is approved thereby, issue a permit and send the +same to the Ministry of Human Resources and Emiratizati on. +4. The Ministry shall prepare a child labor follow -up form; and the supervisor in charge of the Child +work shall prepare a periodic report every three month s on the status of the Child and submit the +same to the Ministry. +5. The Ministry shall study those reports and make the necessary recommendations to the Ministry of +Human Resources and Emiratization as to the children who have signs of non -adaptation at work +and any other remarks on the work environment to take the necessary actions . +6. The children may be trained or taught crafts or occupations by which they acquire knowledge, self - +reliance and self -fulfillment through their parents or custodians and in accordance with the controls +issued by resolution of the Minister. + +" +family and community,Cabinet Resolution No. (52) of 2018 Concerning the Executive Regulation of Federal Law No. (3) of 2016 on Child Rights Law (Wadeema),"Article (3) +Places Where Children are Banned +1. The Child shall be banned from entering or being accompanied to the following places: +a. Adult nightclubs. +b. Smoking areas. +c. Laboratories of materials of fast and hazardous chemical reactions. +d. Factories and ovens of high temperatures. +e. Place s of gas emission s and toxic liquids. +f. Quarries, mines, and places where materials are extracted from the ground. +Cabinet Resolution No. (52) of 2018, Concerning the Executive Regulations of Federal Law No. (3) of 2016 on Child Rights +Law (Wadeema) 4 + g. Workshops of r apid and hazardous rotary machines. +h. Places of war, armed conflict, and natural and environmental disasters. +i. Places where w eapons and explosives are manufactured. +j. Places designated for cutting, pressing, and forming hazardous metals. +k. Places of projectiles, flying sparks and melting. +l. Unclean w aste recycling sites. +m. Places where epidemics and deadly diseases spread. +n. Places of electromagnetic interference and frequencies affecting the health of children. +o. Places where narcotic drugs are manufactured; and +p. Shops designated for the sale of materials intended for adults . +2. School visits and activities in accordance with the controls to be stipulated by the Ministry of +Education and circulated to schools and bodies concerned with education in the State are excluded +from the ban mentioned under Clause (1) of this Article . +3. If the Ch ild is accompanied to places other than those specified under Clause (1) of this A rticle, the +following shall be observed: +a. Maintain the Child 's physical, psychological and moral wellness. +b. Comply with the controls and stipulations established by the supervisors of such place ; and +c. The age of the Child and his degree of understanding of what he is seeing shall be appropriate +to the place to which he is accompanied . + +" +family and community,Cabinet Resolution No. (52) of 2018 Concerning the Executive Regulation of Federal Law No. (3) of 2016 on Child Rights Law (Wadeema),"Article (4) +1. The managers of movie theatres, TV channels, sites designated for playing movies by whatever +means and other similar places shall , in a conspicuous place in both Arabic and English and in clear +writing , post the age of the children allowed to watch the films or materials played . +2. The supervisors of cinemas shall request a proof of the Child 's age before admitting him to see the +show so as to ascertain that the show is appropriate for his age. + + +Cabinet Resolution No. (52) of 2018, Concerning the Executive Regulations of Federal Law No. (3) of 2016 on Child Rights +Law (Wadeema) 5 + Procedures for Reporting Violations of Child Rights in Educational Institutions +" +family and community,Cabinet Resolution No. (52) of 2018 Concerning the Executive Regulation of Federal Law No. (3) of 2016 on Child Rights Law (Wadeema),"Article (5) +The Ministry of Education shall circulate the said procedures to all schools and educational institutions +to clarify the role of staff in schools and educational institutions, public and private, and their +responsibility for reporting any abuse or violence against the Child or in the event of suspected +violations of child rights, and shall acquaint them with the consequences of failing to report the same . + +" +family and community,Cabinet Resolution No. (52) of 2018 Concerning the Executive Regulation of Federal Law No. (3) of 2016 on Child Rights Law (Wadeema),"Article (6) +1. The Child Protection Unit reporting to the Ministry of Education shall be advised by the educational +institutions of the complaints pertinent to infringements or violations of any educational right , or +any abuse suffered by the Child upon their occurrence o r upon suspecting the occurrence of the +same . +2. The Child Protection Specialist shall examine the case, assess the harm according to the approved +form, identify the causes, propose the action as required by the case study and file the same to the +Child Protection Unit . +3. Having evaluated the case, the Child Protection Unit shall take the following procedures : +a. Inform the pol ice in the cases that constitute a crime punishable by the statutes applicable in +the State. +b. Hospitalize the Child for tr eatment, receive a medical report inclusive of a statement showing +the Child 's condition and identify the effects ensuing from the abuse incident (sexual, physical, +malnutrition or illness) if necessary . +c. Refer the molested or abused Child to rehabilitation programs at the competent entities if +necessary . +d. Set plans, solutions and proposals aiming at remov ing the causes as well as the effects arising +from such violation of child rights or his abuse , in coordination with the Child 's guardian or +custodian. + + + + +Cabinet Resolution No. (52) of 2018, Concerning the Executive Regulations of Federal Law No. (3) of 2016 on Child Rights +Law (Wadeema) 6 + " +family and community,Cabinet Resolution No. (52) of 2018 Concerning the Executive Regulation of Federal Law No. (3) of 2016 on Child Rights Law (Wadeema),"Article (7) +Competences of the Child Protection Unit +The Child Protection Unit shall undertake the following Competences: +1. Receive reports on any violation of the Child rights that are established in accordance with the +statutes applicable in the State. +2. Evaluate the reported case as per the approved form. +3. Take appropriate preventive measures to protect the Child subject of the report pursuant to the +provisions of the Law and this Resolution. +4. Set appropriate intervention plans, provide counseling and support to families and those children +exposed to abuse, violence or exploitation, and acquaint families with the proper pedagogical +principles for dealing with the children. +5. Coordinate with the competent bodies to provide psychological, social and health treatment for the +children victims of abuse or ill-treatment. +6. Follow up on the families and children during the course of protection, provide them with the +requirements necess ary and assess their cond itions in order to identify the progress of their cases +and make the necessary recommendations in this regard. +7. Coordinate with the competent authorities and the bodies concerned with search ing for and +investi gati ng absent, runaway and missing children and their place s of residence. +8. Set plans to regulate the Child 's visitation for his parents or custodian if the Child is placed in social +or health care institutions or with a foster family. +9. Disseminate the culture of child rights to minimize , by all possible means , the potential violations to +the Child. +10. Contribute to getting the Child reconciled with his parents or custodian or any other party in +conformity with the Law and this Resolution. +11. Follow up on the course of investigation into crimes against the Child , if necessary. +12. Provide counseling and guidance to the Custodian of the Child on the methods of proper and +correct socialization , identifying the surrounding risks and the ways to avoid risks; and +13. Document the children -related complaints and keep the data of eac h case in confidential records +that can be accessed only by Child protection specialist s. + + +Cabinet Resolution No. (52) of 2018, Concerning the Executive Regulations of Federal Law No. (3) of 2016 on Child Rights +Law (Wadeema) 7 + " +family and community,Cabinet Resolution No. (52) of 2018 Concerning the Executive Regulation of Federal Law No. (3) of 2016 on Child Rights Law (Wadeema),"Article (8) +Competences of the Ministry +The Ministry shall, in coordination with the bodies concerned , undertake the following competences : +1. Follow up on the measures taken with respect to the children pursuant to the provisions of the Law +and this Resolution , and peri odically review the same in such a manner that ensures the Child's best +interest. +2. Select the Foster Family in accordance with the controls and conditions determined herein . +3. Create a form for following up on the children placed in social or health care institutions or with a +foster family. +4. Approve a training program for qualify ing the child protection specialist s before hiring them. +5. Conduct research, studies and statistics on the cases where child rights are violated. +6. Develop the policies and programs pert aining to child protection and follow up on their +implementation. +7. Organiz e specialized training programs for parents, guardians and custodians of the children and +acquaint them with the difficulties they may face in dealing with them and the ways to address such +difficulties ; and +8. Set the code of ethics of the Child protection specialist s. + +" +family and community,Cabinet Resolution No. (52) of 2018 Concerning the Executive Regulation of Federal Law No. (3) of 2016 on Child Rights Law (Wadeema),"Article (9) +Conditions of Child Protection Specialist +1. The Child Protection Specialist shall: +a. Be a citizen of the State. +b. Have full legal capacity. +c. Be of good conduct and has never been convicted of an offense involving moral turpitude or +breach of trust, even if rehabilitated. +d. Be holder of a university degree in social or psychological sciences or in the field of family and +childhood, or have a diploma in the said com petencies with at least 3 years of experience in the +field of child protection ; and +e. Successfully pass the training program approved by the Ministry for qualifying the Child +protection specialist s. +Cabinet Resolution No. (52) of 2018, Concerning the Executive Regulations of Federal Law No. (3) of 2016 on Child Rights +Law (Wadeema) 8 + 2. Without prejudice to P aragraphs (A, B and C) of Clause (1) of this A rticle, the Child Protection +Specialist working for the Ministry of the Interior shall be holder of a university degree in law or +police sciences or a diploma with a t least 3 years of experience in the field of child protection . + +" +family and community,Cabinet Resolution No. (52) of 2018 Concerning the Executive Regulation of Federal Law No. (3) of 2016 on Child Rights Law (Wadeema),"Article (10) +Preventive Measures +The Child Protection Specialist shall , subject to prior approval of the superior body concerned, take th e +following preventive measures: +1. Integrate the children into the programs and activities that support their personalities towards the +problems they face or the challenges they encounter; +2. Take appropriate actions to provide the children and families with the skills necessary for tackling +problems , through courses and workshops ; +3. Coordinate with the relevant bodies to take the necessary measures regarding the safety of the +children and protection of their rights. +4. Instruct and enlighten the child ren about the risks they may face when visiting some places or +practic ing some activities. + +" +family and community,Cabinet Resolution No. (52) of 2018 Concerning the Executive Regulation of Federal Law No. (3) of 2016 on Child Rights Law (Wadeema),"Article (11) +Oath Taking +The Child Protection Specialist shall, before assuming his job, take the oath before the head of the body +to which he reports or the his delegate as follows: +“I swear by Almighty God to perform my work with accuracy, honesty and sincerity, to abide by the +laws of the United Arab Emirates , and to preserve and keep confidential the secrets of work and the +information and secrets that come to my knowledge ”. + +" +family and community,Cabinet Resolution No. (52) of 2018 Concerning the Executive Regulation of Federal Law No. (3) of 2016 on Child Rights Law (Wadeema),"Article (12) +Protection Measures +The C hild Protection Specialist shall, if there is a threat to the Child 's safety or physical, psychological, +moral or mental health , take the necessary protection measures as follows : +Cabinet Resolution No. (52) of 2018, Concerning the Executive Regulations of Federal Law No. (3) of 2016 on Child Rights +Law (Wadeema) 9 + 1. Take the Child out of the danger ous place and put him in a safe place that ensures protection +according to his assessment of the level of danger to the Child . +2. Cond uct a comprehensive social research clarifying the conditions and circumstances surrounding +the Child , and submit a report to the superior administrative body accompanied by the appropriate +recommendations for necessary action to be taken . +3. Rehabilitate the Child psychologically and physically by specialists . +4. Enroll the Custodian in training programs to ensure good treatment and normal growth of the Child . +5. Pay field visits to the Child , if necessary, to check his condition and solve any problems that he may +be facing . +6. Prevent the Child from engag ing in acts that would cause him harm and deny his access to places +that threaten his physical, psychological and moral wellness . +7. Submit recommendation s to the bodies concerned to support the Child's family if the C hild +Protection Specialist becomes convinced that the Custodian's neglect is attributable to the poor +social status of the family . +8. File a report to his employer to address the Public Prosecution Office , if necessary, and send a +warning to the Custodian in case the latter is persistently failing to comply with implementat ion of +the agreed recommendations . +9. File a report to the Child P rotection Unit in which he/she works , clarifying therein the conditions and +circumstances surrounding the Child when it is necessary to address the competent prosecution +office for taking appropriate action for protect ing the Child , as provided for under the L aw, no later +than 24 hours as from the date on which the report is received. +10. Identify the appropriate Foster F amily for the Child , and ascertain that the same enjoy all rights +within such family. + +" +family and community,Cabinet Resolution No. (52) of 2018 Concerning the Executive Regulation of Federal Law No. (3) of 2016 on Child Rights Law (Wadeema),"Article (13) +Conditions of the Foster F amily +The Foster Family shall: +1. Consist of a married couple of not less than 25 years old each ; +2. Be reputable and of good conduct ; +3. Be of the same religion of the Child; +Cabinet Resolution No. (52) of 2018, Concerning the Executive Regulations of Federal Law No. (3) of 2016 on Child Rights +Law (Wadeema) 10 + 4. Have never been convicted of an offense involving moral turpitude or breach of trust, even if +rehabilitated; +5. Be proven to have been free of communicable and psychological diseases and mental disorders +affecting the health and safety of the Child , through a report to be issued by an official medical body ; +6. Be financial ly capable of sustaining its members along with the Child ; +7. Undertake to treat the Child well, to raise him righteously and to look after his health, education, +protection and development in accordance with the relevant undertaking form ; and +8. Abide by a ny other conditions determined by the Minister , based on the recommendation of the +Child Protection Unit and in conformity with the provisions of the Law and this Resolution . + +" +family and community,Cabinet Resolution No. (52) of 2018 Concerning the Executive Regulation of Federal Law No. (3) of 2016 on Child Rights Law (Wadeema),"Article (14) +Obligations of the Foster Family or the Entity with which the Child is Placed +The Foster Family or the entity with which the Child is placed shall: +1. Take care of the Child and provide him with all basic needs necessary i.e. food, clothing, drink and +shelter; +2. Treat the Child well and provide him with pedagogical, health, psychological, physical and moral +care; +3. Not give up caring for the Child or hand him over to another foster family or his parents or one of +them even for a temporary period until and unless an approval to that effect is obtained from the +entity in charge of the Child; +4. Advise the Ministry of any change to the status of the family , e.g. d ivorce, death of one of the spouses +or marriage of a family member, or any change to the place of residence of the family; +5. Inform the Ministry if the Child is enrolled in a school, absent from home, escapes, dies, or becomes +a school dropout; +6. If desiring to travel abroad with or without the Child, consult the entity in charge of the Child; and +7. No consideration shall be paid to the Foster Family in return for the Child care duties. + +" +family and community,Cabinet Resolution No. (52) of 2018 Concerning the Executive Regulation of Federal Law No. (3) of 2016 on Child Rights Law (Wadeema),"Article (15) +Controls of Placing the Child with a Foster Family or Another Entity +1. In the case of failure to fulfill the conditions stipulated for keeping the Child with his family as +mentioned in article (47) of the Law, the Child shall be placed with an appropriate fo ster family or +Cabinet Resolution No. (52) of 2018, Concerning the Executive Regulations of Federal Law No. (3) of 2016 on Child Rights +Law (Wadeema) 11 + social, pedagogical or health agency or institution, whether it is public or private, in accordance with +the following controls: +a. A permit from the Public Prosecution Office shall be obtained. +b. The Foster Family shall meet the stipulations e stablished for the Child care under the Law and +this Resolution. +c. The Foster Family or the entity with which the Child is placed shall abide by the obligations set +forth under the Law and this Resolution. +d. The Foster Family or the entity with which the Chi ld is placed shall be approved by the Ministry. +2. The natural family of the Child shall be informed of the entity with which the Child is placed, as +specified under Clause (1) of this Article, unless the Child's Best Interest requires otherwise. + +" +family and community,Cabinet Resolution No. (52) of 2018 Concerning the Executive Regulation of Federal Law No. (3) of 2016 on Child Rights Law (Wadeema),"Article (16) +Procedures for Releasing the Person Convicted of Child Molestation +1. Before releasing a person convicted of child molestation , the penitentiary shall follow the following +procedures: +a. Conducting psychological examinations and tests on such convict; and +b. Addressing the Public Prosecution Office as to the application for referral to the Therapeutic +Shelter, accompanied by the results of psychological examinations and tests that prove the +ineligibility of such convict for being released and that the same still constitutes a social danger. +2. The Public Prosecution Office shall, upon receipt of the referral application, take the following +measures: +a. Submitting the said application to the competent court to issue the order of placing with the +Therapeut ic Shelter; and +b. Undertaking the procedures for placing such convict with the Therapeutic Shelter, based on the +order issued by the competent court. +3. The Therapeutic Shelter shall rehabilitate such convict placed therewith through an integrated +program at th e hands of specialists so as to revert to the normal life, and may not release the same +except as follows: +a. The Therapeutic Shelter shall file a report to the Public Prosecution Office to examine the +release of such convict, placed therewith, at the end of the respective program and after the +examinations and tests demonstrate that the same is no longer a social danger to children. +Cabinet Resolution No. (52) of 2018, Concerning the Executive Regulations of Federal Law No. (3) of 2016 on Child Rights +Law (Wadeema) 12 + b. The Public Prosecution Office shall bring the matter before the competent court so as to request +the release of such convict. + +" +family and community,Cabinet Resolution No. (52) of 2018 Concerning the Executive Regulation of Federal Law No. (3) of 2016 on Child Rights Law (Wadeema),"Article (17) +Controls Governing the Application of Engineering Standards and Specifications +1. The authorities concerned with construction in each Emirate shall apply the special engineering +standards and specifications, construction laws and safety and secur ity requirements that protect +the Child from any kind of harm, in accordance with the following controls: +a. Obligating the owners of buildings to apply the aforementioned standards, specifications and +requirements; +b. Ensuring the implementation of such standar ds, specifications and requirements; and +c. Penalizing whoever contravenes the same pursuant to the statutes applicable at such +authorities . +2. The Competent Authorities and the bodies concerned shall, in coordination with the Ministry, +establish the controls and procedures necessary for protection of the Child in public and recreational +places and in public transport ation , taking into account the following: +a. Availability of all child safety preca utions; +b. Appropriateness of entertainment games for the age of the Child, posting the necessary alerts if +they are not suitable for the children with certain diseases along with the conditions of use; and +c. Setting conditions for using the public transport ation by the children where this is required. + +" +family and community,Cabinet Resolution No. (52) of 2018 Concerning the Executive Regulation of Federal Law No. (3) of 2016 on Child Rights Law (Wadeema),"Article (18) +Procedures for Preparing a Report on the Custody Applicant +1. One or more committees shall be formed in each Emirate by a resolution of the Minister of Justice +or the head of the competent judicial body. The number of its members shall not be less than three +persons with experience and competence, inter alios, a repr esentative from the Child Protection +Unit. The resolution forming the said committee (s) shall determine its nature of work and decision - +taking mechanism. +2. Without prejudice to the provisions of the Personal Status Law, the competent court shall, prior to +delivery of a judgment on the Child custody, request the committee referred to hereinabove under +Clause (1) of this Article to submit a detailed report on the social, psychological and health status as +Cabinet Resolution No. (52) of 2018, Concerning the Executive Regulations of Federal Law No. (3) of 2016 on Child Rights +Law (Wadeema) 13 + well as the criminal status of the person applying for c ustody or the person to whom custody will be +ordered by the court, or submit a statement indicating that he did not commit any crime outside the +State. +3. The report referred to under Clause (1) of this Article shall be prepared in accordance with the +follow ing procedures: +a. The specialist reporting to the Child Protection Unit shall pay a field visit to the applicant for +custody or the person to whom custody will be ordered by the court in order to identify the +family, social and economic conditions thereof an d his ability to provide the subsistence, +educational and health needs necessary for the Child. +b. The necessary tests shall be conducted to ascertain that the custody applicant or the person to +whom custody will be ordered by the court is eligible for custod y of the Child in accordance +with the approved form. +c. It is required to ascertain that the custody applicant or the person to whom custody will be +ordered by the court is free of any disease that poses a danger to the Child in custody, by a +medical certificate from an approved medical entity . +d. A recent good conduct certificate of the custody applicant or the person to whom custody will +be ordered by the court, from inside or outside the State, as the case may be, shall be attached. +e. The cust ody applicant or the person to whom custody will be ordered by the court shall sign the +approved acknowledgment to have never committed a crime outside the State. + +Final Provisions +" +family and community,Cabinet Resolution No. (52) of 2018 Concerning the Executive Regulation of Federal Law No. (3) of 2016 on Child Rights Law (Wadeema),"Article (19) +The Ministry shall prepare a database of those convicted of cr imes against children ; and the Competent +Authorities and the bodies concerned in the State shall provide the Ministry with data pertinent to such +convicts as per the forms prepared by the Ministry for this purpose. + +" +family and community,Cabinet Resolution No. (52) of 2018 Concerning the Executive Regulation of Federal Law No. (3) of 2016 on Child Rights Law (Wadeema),"Article (20) +The provisions hereof shall not prejudice any other procedures, approved by the Bodies concerned , +which guarantee better protection of the Child, subject to the provisions of the Law and this Resolution. + + +Cabinet Resolution No. (52) of 2018, Concerning the Executive Regulations of Federal Law No. (3) of 2016 on Child Rights +Law (Wadeema) 14 + " +family and community,Cabinet Resolution No. (52) of 2018 Concerning the Executive Regulation of Federal Law No. (3) of 2016 on Child Rights Law (Wadeema),"Article (21) +The Minister shall issue the resolutions necessary for the implementation of the provisions hereof. + +" +family and community,Cabinet Resolution No. (52) of 2018 Concerning the Executive Regulation of Federal Law No. (3) of 2016 on Child Rights Law (Wadeema),"Article (22) +Any provision contradicting or contrary to the provisions hereof is hereby repealed. + +" +family and community,Cabinet Resolution No. (52) of 2018 Concerning the Executive Regulation of Federal Law No. (3) of 2016 on Child Rights Law (Wadeema),"Article (23) +This Resolution shall be published in the Official Gazette and shall come into force as of the date of +enactment. + + + + + + + + + + + + + + +Mohammed bin Rashid Al Maktoum +Prime Minister + +Issued by us: +On 6 Rabi' I, 1440 AH, +Corresponding to 14 November 2018 AD " +family and community,Cabinet Resolution No. (9) of 2021 Concerning the Executive Regulations of Federal Law No. (9) of 2019 Concerning the Rights of Senior Emiratis,"Article (1) +Definitions +The definitions described in the Federal Law No. (9) of 2019 shall apply to th is Resolution. +Other than that, the following words and expressions shall have the meanings assigned +thereto respectively, unless the context requires otherwise: +Preferential Treatment : To give preference and priority to Senior Emiratis in +terms of providing the services and processing of the +transactions . +Senior Emiratis +Protection Unit : An organizational unit at the Ministry or the +Competent Authority that is tasked with providing the +protection mechanisms and measures for Senior +Emiratis . +Senior Emiratis +Protection Specialist : A licensed person engaged by the Ministry or the +Competent Authority, as the case may be, to safeguard Cabinet Resolution of 202 1 Concerning the Executive Regulations of Federal Law of 201 9 Concerning the Rights +of Senior Emiratis 2 + and protect the rights of Senior Emiratis within the +scope of his competences described in this Resolution . +The Law : Federal Law No. (9) of 2019 Concerning the Rights of +Senior Emiratis . + +" +family and community,Cabinet Resolution No. (9) of 2021 Concerning the Executive Regulations of Federal Law No. (9) of 2019 Concerning the Rights of Senior Emiratis,"Article (2) +The Right to Protection +In coordination with the Relevant Bodies, t he Ministry and the Competent Authority shall +provide appropriate assistance to Senior Emiratis who have been exposed to any form of +violence or abuse as follows: +1. Assign a hotline at the Senior Emiratis Protection Unit at the Ministry or the Competent +Authority for receiving reports on confirmed or suspected abuse or violence cases +experienced by any Senior Emirati. +2. The report shall be analyzed and assessed by the Senior Emiratis Protecti on Specialist, and +the extent of harm experienced by the Senior Emirati against whom the underlying +violence or abuse is exercised shall be deter mined according to the relevant form, and the +underlying key reasons shall be identified . +3. Appropriate solutions and measures shall be proposed as follows: +a. Report to the police any of the cases that represent a crime penalized by the +applicable legislation of the State . +b. Refer the Senior Emirati who is a victim of abuse or violence to a healthcare facility +to receive the necessary treatment, if required , so that such a healthcare facility +shall draw up a medical report that describes his condition and indicates the type +and impacts of the abuse incident , if necessary. +c. Refer the Senior Emirati who is a victim of abuse or violence to a specialist +rehabilitation center or to any other entity deemed appropriate by th e Ministry or +the Co mpetent Authority , if necessary. Cabinet Resolution of 202 1 Concerning the Executive Regulations of Federal Law of 201 9 Concerning the Rights +of Senior Emiratis 3 + 4. Develop plans and create solutions and suggestions to eliminate the causes and impacts of +violation of the rights of any Senior Emirati or any assault against them in coordination +with the caregiver of the same. +5. Disseminate the reporting procedures of abuse or violence cases against the Senior +Emiratis to all governmental and nongovernmental social institutions and indicate their +responsibility for reporting any confirmed or suspected case of abuse against them or any +violation of their rights. + +" +family and community,Cabinet Resolution No. (9) of 2021 Concerning the Executive Regulations of Federal Law No. (9) of 2019 Concerning the Rights of Senior Emiratis,"Article (3) +Preferential Treatment +Subject to the provisions of article (10) of the Law, the Ministry and the Competent Authority +shall, in coordination with the relevant federal and local government entities , give preference +and priority to the interests of Senior Emiratis in respect of the follo wing matters: +1. Assign seats for Senior Emiratis at the most frequented locations . +2. Provide the fit-outs required for Senior Emiratis at the public transportation means. +3. Provide a “Senior Emirati” poster on the vehicles of Senior Emiratis. +4. Any other services or preferential treatments to be added by the Ministry or the Competent +Authority. + +" +family and community,Cabinet Resolution No. (9) of 2021 Concerning the Executive Regulations of Federal Law No. (9) of 2019 Concerning the Rights of Senior Emiratis,"Article (4) +Obligations of the Senior Emiratis’ Families +The families of Senior Emiratis shall be required to: +1. Provide their food, drink and dress needs in proportion to their health condition. +2. Provide appropriate dwelling for them and equip the same with furniture in line with their +needs . +3. Safeguard t heir physical, psychological and health safety. +4. Visit and communicate with them at their places of residence. Cabinet Resolution of 202 1 Concerning the Executive Regulations of Federal Law of 201 9 Concerning the Rights +of Senior Emiratis 4 + 5. Cooperate with Senior Emiratis’ establishments and provide them with certified medical +reports periodically or whenever needed. +6. Provide adequate protection to, and safeguard their property. +7. Manage their property if they are unable to take care of themselves according to the +applicable legislation. +8. Provide their official identification documents and papers upon demand . +9. Have their names registered in the database of the Ministry or of the Competent Authority. +10. Refer any of them to the Ministry or the Competent Authority if they are unable to take +care of themselves and the family is not able to provide financial and househo ld care to +them , in order to study their case and issue the necessary appropriate recommendation in +respect of them. + +" +family and community,Cabinet Resolution No. (9) of 2021 Concerning the Executive Regulations of Federal Law No. (9) of 2019 Concerning the Rights of Senior Emiratis,"Article (5) +Controls of Access to Services of Senior Emiratis’ Establishments +Any Senior Emirati may reside at the Senior Emiratis’ establishments according to the following +controls : +1. He shall be unable to take care of himself. +2. There shall be a certified medical report confirming that he is unable to take care of himself. +3. He shall have no caregiver, service provider or a breadwinner . + +" +family and community,Cabinet Resolution No. (9) of 2021 Concerning the Executive Regulations of Federal Law No. (9) of 2019 Concerning the Rights of Senior Emiratis,"Article (6) +Standards and Facilities +1. The Ministry shall, in coordination with the relevant entities in the State, determine and +apply the Emirates Code for Qualified Environment to the locations allocated for Senior +Emiratis . +2. The caregiver shall avail of the following job facilities: + Cabinet Resolution of 202 1 Concerning the Executive Regulations of Federal Law of 201 9 Concerning the Rights +of Senior Emiratis 5 + a. The priority to work on a flextime basis. +b. The priorit y to perform a remote job in case there is an emergency affecting a Senior +Emirati that requires the presence of an escort or caregiver. +c. The priority to avail of part -time jobs. +d. The priority to avail of an annual leave or an escort leave for medical treatment +within or outside the State . +e. Any other job facilities or privileges determined by the Ministry, the Competent +Authority or the Government Entity hiring the caregiver employee. +3. The granting of job facilities described in Clause (2) of this Article shall be in conformi ty +with the applicable legislation in the State , and the Government Entity concerned shall give +priority to the interest of Senior Emiratis who are in dire need of care . + +" +family and community,Cabinet Resolution No. (9) of 2021 Concerning the Executive Regulations of Federal Law No. (9) of 2019 Concerning the Rights of Senior Emiratis,"Article (7) +Competences of Senior Emiratis Protection Unit +The Senior Emiratis Protection Unit at the Ministry and the Competent Auth ority shall exercise +the following competences: +1. Receive reports on any infringement of the rights of any Senior Emirati that are established +according to the applicable legislation in the State. +2. Evaluate the reported case according to the form designed by the Ministry in coordination +with the Competent Authority. +3. Take appropriate preventive measures to afford protection to Senior Emiratis on the matter +of report , according to the provisions of the Law and this resolution. +4. Develop appropriate intervention plans , provide consultation and support to both fa milies +and Senior Emiratis who are vulnerable to abuse or violence and get them familiarized with +the legal basis for handling such cases. +5. Coordinate with the entities specializing in providing the psychological, social and health +treatment to Senior Emiratis who are vulnerable to abuse or violence . Cabinet Resolution of 202 1 Concerning the Executive Regulations of Federal Law of 201 9 Concerning the Rights +of Senior Emiratis 6 + 6. Keep a watchful eye on Senior Emiratis who are vulnerable to abuse or violence , provide +their needs, evaluate their situa tions and conduct periodic visi ts to them at their places of +residence and work , if any, in order to ensure the availability of their appropriate care and +support standards , identify the progress of their conditions and provide recommendations +thereon in coordination with the relevant entities. +7. Disseminate the Senior Emiratis’ rights culture in order to minimize the cases of abuse and +infringement that may befall them by all means possible. +8. Get involved in mediation and conciliation efforts between the Senior Emiratis and their +families, caregive rs or any third party, without prejudice to the Law and this Resolution. +9. Take note of the investigation procedures into the crimes committed against any Senior +Emirati, if necessary . +10. Provide advice and guidance to the Senior Emiratis’ caregivers on the proper and sound +care techniques, potential risks, and the means available to avoid risks. +11. Provide training and qualification for the Senior Emiratis’ caregivers. +12. Manage, record, and follow up on the alternative family. +13. Document the complaints relating to the Senior Emiratis and keep the data of each case in +confidential records that can only be accessed by Senior Emiratis protection officers. + +" +family and community,Cabinet Resolution No. (9) of 2021 Concerning the Executive Regulations of Federal Law No. (9) of 2019 Concerning the Rights of Senior Emiratis,"Article (8) +Requirements to be Satisfied by Senior Emiratis Protection Unit s’ Staff +1. The Senior Emiratis Protection Specialist shall: +a. Be a UAE national; +b. Be of full legal competence; +c. Be of good conduct and attitude and shall have never been convicted on the +grounds of a crime involving moral turpitude or breach of trust, even if +rehabilitated. Cabinet Resolution of 202 1 Concerning the Executive Regulations of Federal Law of 201 9 Concerning the Rights +of Senior Emiratis 7 + d. Be holder of a university degree in social, psychological or family sciences or a +diploma in the said discipl ines , with at least three years of experience in the social +or health field. +e. Successfully pas the Ministry’s training program for qualifying the Senior Emiratis +Protection Specialist . +2. The Minister or Head of the Competent Author ity may make exceptions to Paragraph (1.D) +of this Article. + +" +family and community,Cabinet Resolution No. (9) of 2021 Concerning the Executive Regulations of Federal Law No. (9) of 2019 Concerning the Rights of Senior Emiratis,"Article (9) +Reconciliation Conditions and Controls +1. Reconciliation into the criminal cases involving the crimes described in the Law shall take +effect in accordance with the following conditions and controls: +a. Reconciliation shall take place prior to the issuance of a final judgment on the +criminal case . +b. Reconciliation shall be accepted by both the victim and the Ministry or the +Competent Authority. +c. Reconciliation shall take place in the presence of the Senior Emiratis Protection +Specialist . +d. A party t o the reconciliation shall be a Senior Emirati . +e. The perpetrator shall fill out the Undertaking Form de signated by the Ministry or +the Competent Authority . +f. The injuries and harm descr ibed in the m edical report shall not exceed 21 -day +treatment. +g. No reconciliation has ever been made with the perpetrator on a past abuse +incident. +2. The Ministry or the Competent Authority keep follow up on the matters of reconciliation +with both the perpetrator and the abused Senior Emirati . Cabinet Resolution of 202 1 Concerning the Executive Regulations of Federal Law of 201 9 Concerning the Rights +of Senior Emiratis 8 + " +family and community,Cabinet Resolution No. (9) of 2021 Concerning the Executive Regulations of Federal Law No. (9) of 2019 Concerning the Rights of Senior Emiratis,"Article (10) +Regulatory Resolutions +The Minister shall issue the resolutions required for implementing the provisions of this +Resolution . + +" +family and community,Cabinet Resolution No. (9) of 2021 Concerning the Executive Regulations of Federal Law No. (9) of 2019 Concerning the Rights of Senior Emiratis,"Article (11) +Repeals +Each provision that goes against or is repugnant to the provisions of this Resolution shall be +repealed. + +" +family and community,Cabinet Resolution No. (9) of 2021 Concerning the Executive Regulations of Federal Law No. (9) of 2019 Concerning the Rights of Senior Emiratis,"Article (12) +Publication and Entry into Force +This Resolution shall be published in the Official Gazette and shall enter into force of the day +following the date of its publication . + + + + +Mohammed Bin Rashid Al Maktoum +Prime Minister + +Issued by us: +On: 01 Jumada II, 1442 AH +Corresponding to: 14 January 2021 + " +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (1) +Definitions +In applica tion of the provisions of this Decree by Law, the following words and phrases shall have +the meanings assigned to each of them, unless the context otherwise requires: +United Arab Emirates. : State +Ministry of Community Development. : Ministry +Minister of Community Development. : Minister +Local Government Authority concerned with licensing, supervising and +controlling Public Welfare Associations in accordance with its applicable : Local +Authority Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association 70 + legislation, within whose jurisdiction, the Office of these Associations is +located, or any of its branches in relation to the activity of this branch. +Local Authority or Ministry in the Emirate where there is no Local +Competent Authority to license, supervise and control Public Welfare +Associations. : Competent +Authority +Private Legal Persons licensed in accordance with the laws in force in the +State, established with the intention of practicing one or more Public +Welfare Activities, and taking one of the forms stipulated in this Decree +by Law and Executive Regu lations thereof, without primarily aiming to +achieve profit. : Public Welfare +Associations +Activities included in the Public Welfare Associations Classification Guide +and the Public Welfare Activities they practice, referred to in Clause (2) of +article (4 ) of this Decree by Law. : Public Welfare +Activities +Group consisting of natural persons, established for a specific or +indefinite period with the intention of practicing one or more Public +Welfare Activities and not aiming to achieve profit. : Associatio n +Legal Person created by one or more natural persons Founders, for a +specific or indefinite period, based on the allocation of money for +practicing one or more Public Welfare Activities that do not aim to +achieve profit. : National +Society +Group that in cludes at least five (5) National Societies or Associations +that practice similar Public Welfare Activities. : Union +Fund created by Legal Persons, for a specific or indefinite period, to +enhance the spirit of solidarity and interdependence among the +Memb ers affiliated with the Fund. : Social +Solidarity +Fund +Ministry central database related to Public Welfare Associations in the +State. : Register + Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association 71 + " +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (2) +Scope of Application +1. Provisions of this Decree by Law shall be applicable to the Public Welfa re Associations licensed +the region of the State, including the Free Zones. +2. Subject to Clause (3) of this Article, Public Welfare Associations established pursuant to Local +Decrees or Laws shall be excluded from the provisions of this Decree by Law. +3. In all cases, Associations excluded in Clause (2) of this Article shall comply with the provisions +contained in Articles (7), (50), (51), (52), (53), (54) and (55) of this Decree by Law. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (3) +Forms of the Public Welfare Associations +The Forms of Pu blic Welfare Associations shall be as follows: +1. Associations. +2. National Society. +3. Unions. +4. Social Solidarity Funds +5. Any other forms determined by the Executive Regulations of this Decree by Law. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (4) +Public Welfare Activities +1. Public We lfare Activities pursuant to the provisions of this Decree by Law shall be determined +in the social, cultural, scientific, educational, professional, creative, artistic, recreational, and +environmental fields, providing humanitarian services, and achieving a purpose of righteousness +or solidarity. +2. The Cabinet shall issue, based on the Minister proposal, in coordination with the Local +Authority, a resolution to adopt a Guide to classifying Public Welfare Associations and the Public +Welfare Activities they practice, provided that the Ministry, in coordination with the Local +Authority, shall update this Guide periodically and in cases that require it. Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association 72 + 3. The Ministry, in coordination with the Local Authority, shall apply the Guide referred to in +Clause (2) o f this Article to Public Welfare Associations and Public Welfare Activities that they are +licensed to practice. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (5) +Practice of Public Welfare Activities +1. No group or entity may practice any Public Welfare Activities unless it completes the +proc edures for license it with the Local Authority and approve it from the Ministry, register it in +the Register and obtaining the necessary approvals and permits from the Competent Authorities +that supervise the practice of its Activities in accordance with t he legislation in force in the State. +2. No Natural or Legal Person may allow the occupancy, rent, or use of any of its facilities to a +Public Welfare Association that is not registered and licensed in accordance with the provisions +of this Decree by Law a nd Executive Regulations thereof. +3. Branches of Foreign Public Welfare Associations shall not be granted. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (6) +Obligations of the Competent Authority Employees +Competent Authority Employees, working for the Competent organisational Unit s responsi ble +for supervising and controlling Public Welfare Associations, may not join or work for any of the +Public Welfare Associations subject to the supervision and control of the Competent Authority +for which they work. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (7) +Register +1. A Register shal l be created in the Ministry to register the Public Welfare Associations. +2. The Competent Authority shall record all data and information related to Public Welfare +Associations licensed by it and notified by the Ministry, and everything related to the con duct of +these Associations Activities and any update that occurs to their data in the Register in accordance Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association 73 + with the mechanisms, controls and procedures specified by the Executive Regulations of this +Decree by Law. + +Chapter Two +Associations Establishment +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (8) +Requirements for the Establishment of Association +1. The following requirements shall be fulfilled to establish Association: +a. The number of Founding Members shall not be less than (7) seven Members. +b. The Founding Members holding the nationality of the State shall not be less than (70%) +of the total number of Founding Members. Persons who do not hold the nationality of the +State may participate in establishing Associations in accordance with the following +controls: +1) The Founding Members number shal l not exceed 30% of the total number of +Founding Members. +2) The Founding Member has no diplomatic status. +3) The Founding Member has valid Residence Permit in the State for a period of no less +than (3) three years. +c. The Founding Member shall be of the legal age in accordance with the legislation in force +in the State. +d. The Founding Member shall be of good conduct and of good reputation, and has no +history of imprisonment penalty in a felony or misdemeanour of breaching honour or +trust, unless he has been rehabili tated. +e. The Association shall have By -laws in accordance with the provisions of this Decree by +Law and Executive Regulations thereof. +2. Any other conditions determined by the Ministry or Local Authority. Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association 74 + 3. All conditions or certain conditions stipulated i n this Article may be excluded pursuant to a +resolution issued by the Cabinet based on the Minister proposal in coordination with the Local +Authority. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (9) +Association By -laws +1. The Founding Members shall meet to establish the Association By -laws, provided that the +Executive Regulations of this Decree by Law shall specify the provisions, data and information +that shall be included in this By -law. +2. The Ministry, in coordination with the Local Authority, shall prepare a form for the Association +By-laws, that the Ministry shall observe. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (10) +Membership in the Association +Membership in the Association shall consist of all Founding Members, and everyone who joins +the Association in accordance with its By -laws, and the same conditions stipulate d for the +Founding Members apply to them. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (11) +Temporary Committee +The Founding Members shall elect from among themselves a Temporary Committee of no less +than (3) three Members who shall select from among its Members a Member to represent them +in completing the procedures for announcing and licensing the Association in accordance with +the provisions of this Decree by Law and Executive Regulations thereof. The work of the +Temporary Committee shall end with the election of the BOD in accordance with the provisions +of article (15). Of this Decree by Law. + Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association 75 + " +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (12) +Procedures for Establishment of Association +1. The application to establish the Association shall be submitted to the Competent Authority +according to the form through the channels appro ved by it. The Executive Regulations of this +Decree by Law shall specify the documents and materials that shall be submitted with the +application. +2. The Competent Authority shall review the application to establish the Association, in +accordance with the procedures and controls stipulated in the Executive Regulations of this +Decree by Law, and issue the licence after the Ministry approval. +3. Within (10) ten working days from the date of its approval of the licence, the Ministry shall +issue a resolution an nouncing the Association, provided that this resolution includes the name of +the Association, the location of its main management centre, its department of activity, the scope +of its work in the State, its objectives, and any data or information specified by the Resolution. +4. The Competent Authority shall renew the licence of the Association, in accordance with the +procedures and controls stipulated in the Executive Regulations of this Decree by Law. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (13) +Appeal +1. If the Declaration Application i s rejected, the Temporary Committee may appeal to the Minister +within (30) thirty days from the date of receipt of the notification of the Resolution rejecting the +Declaration, and the Appeal shall be decided by a reasoned resolution within (30) thirty day s +from the date of its submission. +2. The Complainant has the right to resort to the Court within (60) sixty days from the date of +being notified of the rejection of the Appeal or the deadline prescribed for deciding the Appeal +passes without responding to it, whichever is sooner. + + + Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association 76 + " +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (14) +Legal Personality +The Association shall acquire Legal Personality upon the issuance of a resolution declaring it, +provided that this resolution is published in the Official Gazette. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (15) +Elect BOD Members of the Association +The Temporary Committee referred to in article (11) of this Decree by Law shall summon the +General Assembly to convene within a period not exceeding three (3) months from the date of +issuance of the Resolution declaring the Association. All Members who meet the conditions for +Membership shall be summoned to this Meeting to elect the BOD and discuss the topics that the +Temporary Committee deems appropriate to present during this Meeting. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (16) +Practicing and Participating in Activi ties and Events +In order to achieve its objectives, and after the approval of the Local Authority and the Ministry, +the Association may do the following: +1. Organise Activities and Events within the State (such as conferences, seminars, lectures, +courses, and Meetings) and other Activities and Events that fall within the scope of its objectives +or participating in them. +2. Host persons from outside the State to participate in the Activities and Events it organises. +3. Participate in Activities and Events or ganised by Associations and Associations outside the +State that fall within the scope of their objectives. +The Executive Regulations of this Decree by Law specify the controls and procedures for +organising and participating in Activities and Events. + + Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association 77 + " +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (17) +Affiliation with Regional and International Associations and Organisations +1. The Association may affiliate with, participate in, or become a Member of any Association or +Association based outside the State that is similar to it in its objectives, or deal with it, after the +approval of the Local Authority and its authorisation from the Ministry in coordination with the +Competent Authorities. +2. The Executive Regulations of this Decree by Law shall determine the controls and procedures +for affiliati on, participation, or joining Regional and international Associations and +Organisations. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (18) +Implementing External Projects +1. Without prejudice to the legislation in force in the State, the Association may practice any +Activities or implement an y projects outside the State that fall within the scope of its purposes, +after the approval of the Local Authority and the Ministry in coordination with the Competent +Authorities. +2. The Executive Regulations of this Decree by Law shall specify the control s and procedures for +Implementing External Projects. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (19) +Records and Documents +1. The Association shall maintain its records and documents related to the nature of the +Association work and Activities. +2. The Executive Regulations of this Decree b y Law shall specify the records and documents that +shall be maintained, and the method and duration of their maintenance. + + Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association 78 + " +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (20) +Branches Establishment +The Association may establish branches within the State, in accordance with the controls and +procedures specified by the Executive Regulations of this Decree by Law. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (21) +Office Relocation +The Association may relocate branches from one Emirate to another within the State, in +accordance with the controls and procedures specified by the Execut ive Regulations of this +Decree by Law. + +Chapter Three +Association Management +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (22) +The Board of Directors (BOD) +1. The Association shall have a BOD whose Members shall not be less than (5) five Members and +not more than (11) eleven Members. The Co mpetent Authority may approve an increase in the +number of BOD Members to more than (11) eleven Members. +2. The number of BOD Members who hold state citizenship shall not be less than (70%) of the +total number of BOD Members specified in the Association By -laws. +3. The BOD shall manage the Association affairs and provide the necessary means for it to carry +out its Activities and achieve its objectives. +4. The Association By -laws shall stipulate the powers of the BOD, the conditions that shall be met +by its Members, their number, termination of their Membership, the procedures for summoning +the BOD to convene, the validity of its Meetings and resolutions, and the mechanism for electing +the BOD Chairman and distribute administrative positions, provided that th e BOD is elected by +secret ballot. Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association 79 + 5. The BOD term shall be for a maximum of four (4) years, and the Member may be re -elected in +accordance with the provisions contained in the Association By -laws. +6. BOD Member shall not be less than (21) twenty -one Grego rian years at the time he is elected, +and that the Member shall meet the conditions required for Founding Members. +7. The Association shall submit to the Competent Authority applications for BOD Membership at +least fifteen (15) days before the date of the General Assembly, to be decided. +8. The BOD Chairman shall represent the Association before third parties and Judicial Authorities. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (23) +The Association Director +1. The Association shall have a Director who shall be appointed by the BOD, from amon g its +Members or from others, after the approval of the Competent Authority, provided that the +Director is not the BOD Chairman or his Vice -Chairman. +2. The Association Director shall be directly responsible to the BOD for the following: +a. Carry out internal executive work in the Association. +b. Implement the policies, plans and programmes approved by the Association. +c. Supervise the implementation of the Resolutions of the General Assembly and the BOD. +d. Provide the Competent Authority with the data and documents i t requests. +e. Any other tasks assigned to the Association Director in accordance with the Association +By-laws. +f. Any other tasks entrusted by the BOD. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (24) +BOD Membership +1. Membership in the BOD may not be combined in more than one Association that a ims to +achieve the same activity, with the exception of Membership in the Union. However, the Head of +the Competent Authority or his authorised representative may approve the combination of +Membership in more than one BOD if he deems it justified. Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association 80 + 2. Membe rship in the BOD may not be combined with work for the same Association with a wage +or reward except with the approval of the Competent Authority. +3. The Ministry or Local Authority may suspend or exclude any BOD Member, including the BOD +Chairman, from ex ercising his duties on the BOD, for considerations of the public interest, in +accordance with the procedures and provisions under the Executive Regulations of this Decree +by Law. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (25) +Rewards +Upon the proposal of the BOD and the approval of the Ge neral Assembly, a BOD Member may +receive a reward for performing any work that is not related to his competence in the BOD, in +accordance with the controls and procedures specified by the Executive Regulations of this +Decree by Law. + +Chapter Four +General A ssembly +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (26) +General Assembly Formation +1. The General Assembly shall consist of all Members who meet the conditions and duties of +Membership up to the date of the General Assembly and who have been Members for at least +three (3) months. The three -month requirement is excluded when attending the Meeting +specified in article (15) of this Decree by Law. +2. The Association BOD shall announce the lists of Members who have the right to attend the +General Assembly Meetings, no less than fifteen (15) days before the date of the Meeting. The +Ministry and the Local Authority shall be notified of these lists. +3. The Ministry and the Local Authority may send a representative to attend the General Assembly +Meetings, and the attendance of their representatives sh all be obligatory in the Meetings to elect Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association 81 + BOD Members. The Executive Regulations of this Decree by Law specify the powers and duties +of the representative at these Meetings. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (27) +Meeting of the Ordinary General Assembly +1. The General Assembly sh all hold, upon a request submitted by the Association BOD, a regular +Meeting once a year within a period not exceeding (4) four months from the end of the +Association fiscal year. This Meeting shall be called the Annual Regular General Assembly +Meeting. +2. After the approval of the Ministry and the Local Authority, the Ordinary General Assembly may +be called to convene whenever necessary. In this case, the Meeting is called the Non -Annual +Ordinary General Assembly Meeting. +3. General Assembly Meetings may n ot be held if the number of Members who meet the +conditions and duties of Membership and who have the right to attend these Meetings is less +than (7) seven Members, or a number equal to the number of Members who participated in +establishing the Association . +4. Members shall invited and the Ministry and the Local Authority are notified to attend the +General Assembly Meetings at least thirty (30) days before the date set for the Meeting. The +invitation includes the agenda, place and time of the Meeting. +5. Th e Executive Regulations of this Decree by Law shall specify the circumstances in which Non - +Annual Ordinary General Assembly Meetings are called, the methods of invitation and their +attachments. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (28) +Duties of the Ordinary General Assembly Meeting +1. At its annual regular Meeting, the General Assembly shall consider matters within the scope +of its purposes, specifically the following matters: Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association 82 + a. Approve the Minutes of the previous General Assembly Meeting after its approval by the +Competent Authority. +b. App rove the BOD Report on its work in the past year, activity programmes, and work plan +for the new year. +c. The balance sheet of the new year and the closing account of the past fiscal year. +d. Proposals submitted by Members within the date specified by the Associ ation By -laws. +e. Electing the BOD or filling vacant positions. +f. Select the Auditor and determine his remuneration. +g. Any new updates. +2. The General Assembly in its Extraordinary Meeting shall consider the following matters: +a. Decide on the resignations submitted by all or some of the BOD Members, in case this +violates the quorum of the BOD. +b. Fill vacant positions if necessary to maintain a quorum for the BOD. +c. Any urgent matters that affect the conduct of the Association work require an invitation to +the Ordinary Gene ral Assembly, which does not fall within the jurisdiction of the +Extraordinary General Assembly. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (29) +Regular Meetings Quorum +1. The Ordinary General Assembly Meeting shall be deemed valid if attended by more than half +of the Members who meet the conditions and duties of Membership and who have the right to +attend the Meeting according to the lists announced by the BOD. +2. If a quorum is not available, the Meeting shall be postponed to another date not less than (7) +days and not more than (15) fift een days from the date of the first Meeting. The second Meeting +shall be considered valid if attended by a quarter of the Members or (7) seven Members, +whichever is more. +3. The General Assembly shall pass its resolutions by the majority of the votes of th ose present. + Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association 83 + " +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (30) +Meeting of the Extraordinary General Assembly +1. The General Assembly may be called to Extraordinary Meeting based on a request from the +Ministry or Local Authority, or by a resolution from the Association BOD, or a request submi tted +by a quarter of the Members who meet the conditions and duties of Membership to the +Association BOD. +2. Members shall invited and the Ministry and the Local Authority shall be notified to attend the +General Assembly Meetings at least thirty (30) days before the date set for the Meeting. +3. If the BOD does not invite the General Assembly in accordance with Clause (1) of this Article, +the Ministry or the Local Authority shall invite the General Assembly to convene. +4. In all cases, the Association shall bear all costs and expenses related to calling the Extraordinary +General Assembly. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (31) +Duties of the Extraordinary General Assembly Meeting +1. The Extraordinary General Assembly shall specifically consider the following matters: +a. Revoke the Member ship of one or more members of the BOD. +b. Revoke any of the BOD resolutions. +c. Amend the main activity or purpose for which the Association is established. +d. Decide on amendments to the Association By -laws after the Ministry approval, in +coordination with the Lo cal Authority. +e. Transfer the Association Main Office from one Emirate to another after taking into +account the requirements of article (21) of this Decree by Law. +f. Propose the merger of the Association into another Association similar to it in purposes. +The merger proposal is considered a joining request approved by the Extraordinary +General Assembly of the Association to be merged with similar procedures. The +Resolution to approve the merger shall include the implementation procedures and its +effects. Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association 84 + g. The As sociation Optional Liquidation. +2. The General Assembly may not consider matters not included in the agenda. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (32) +Minutes of the Ordinary and Extraordinary General Assembly Meetings +The Association BOD shall provide the Competent Authority with th e Minutes of the Ordinary +and Extraordinary General Assembly within (7) seven days from the date of the Meeting, for +approval. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (33) +Quorum of the Extraordinary General Assembly Meeting +1. The Extraordinary General Assembly Meeting is considered va lid in the presence of three - +quarters of the Members who meet the conditions and duties of Membership and who have the +right to attend General Assembly Meetings. If a quorum is not available, the Meeting shall be +postponed to another date whose duration is not less than (15) fifteen days and not more than +(30). Thirty days from the date specified for the first Meeting, and the second Meeting is +considered valid in the presence of two -thirds of the eligible Members. If a quorum is not +achieved, the General A ssembly will not be called to consider any of the items on the agenda +before at least (6) six months have passed from the date of the Meeting in which it has been +postponed. +2. The Extraordinary General Assembly shall issue its resolutions with the approva l of three - +quarters of the Members present. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (34) +Power of Attorney +A Member of the General Assembly may delegate another Member who fulfils the conditions and +duties of Membership to represent him in attending General Assembly Meetings in accordan ce +with the provisions contained in the Association By -laws in this regard. A Member may not Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association 85 + represent more than one Member, and the authorisation shall be in writing. And approved by the +Association BOD or its authorised representative. + +Chapter Five +The Association Funds +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (35) +Financial Resources +The Association Financial Resources shall consist of: +1. The fees charged for the Association Membership in accordance with its By -laws. +2. Revenues from the Activities and services carried out by the Ass ociation that are commensurate +with its objectives and competencies in accordance with its By -laws. +3. Revenues of investments made by the Association and declared in accordance with the +provisions of this Decree by Law. +4. Donations, gifts, bequests, gran ts and subsidies received by the Association in accordance with +the legislation in force in the State. +5. All other revenues stipulated in the By -laws or approved by the Competent Authority. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (36) +The Association Funds Nature +1. Subject to the spec ial nature of the Funds of Social Solidarity Funds, the Association Funds are +considered its property, and its Members have no right to them, and the withdrawing or +dismissed Member has no right to these Funds or claim any part of them. +2. Any concerned Me mber of the Association, their heirs, or others may request that the +Association recover the Funds or assets provided by the Member on loan or as a recover. + + + Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association 86 + " +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (37) +Bank Accounts +1. Each Association shall have one or more bank accounts in any of th e national banks operating +in the State. +2. The local currency shall be the base currency for these accounts, and after the approval of the +Competent Authority, the Association may have one or more accounts in foreign currency after +providing justification s for this. +3. Bank accounts for Associations shall be opened pursuant to a certificate issued by the +Competent Authority. The Executive Regulations of this Decree by Law shall specify the controls +and procedures for opening, managing, and closing bank acc ounts for Associations, and dealing +with violating bank accounts. +4. The Association shall deposit its cash Funds in its name in its bank accounts, and it may not +disburse them before depositing them in these accounts. +5. Banks and Financial Institutions m ay not open any bank accounts for Public Welfare +Associations unless they are registered and licensed, and after obtaining the certificate referred +to in Clause (3) of this Article. +6. The Association shall notify the Competent Authority of the details of the bank accounts within +(10) ten days from the date of opening these accounts and of every change that occurs to the +bank in which its Funds are deposited. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (38) +The Association Funds Investment +1. The Association shall spend its money to achieve the purposes for which it is established. It +may not engage in financial speculation, or distribute any revenues or returns to Members of its +BOD, Founders, Members of its General Assembly, or employees. +2. The Association may, after the approval of the Co mpetent Authority, invest its Funds in excess +of its needs so that it has a financial return that helps it achieve its objectives. Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association 87 + 3. The Executive Regulations of this Decree by Law shall specify the controls and procedures for +the Association Funds Invest ment. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (39) +Final Accounts and Draft Annual Budget +1. Each Association shall have a final account approved by one of the approved Audit Offices in +the State, which is prepared annually at the end of the Association fiscal year, and the draft +annual budget for the new year. +2. The Association BOD shall submit, to the Ministry and the Local Authority, a copy of the final +account of the previous year and the draft budget for the new year no later than (15) fifteen +days after their approval by the Gener al Assembly. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (40) +Associations Support +Annual financial allocations are allocated in the Ministry budget to support Associations, and the +types of subsidies and how to benefit from them are regulated by a resolution of the Minister, +according to t he following standards: +1. The annual appropriations allocated to the Association in the State general budget. +2. The duration of the Association need for support. +3. The extent of the Association success in achieving its objectives. +4. Periodic reports on the Association activity and the extent of its compliance with the +provisions of this Decree by Law, Executive Regulations thereof, the Resolutions issued in +implementation thereof, and its By -laws. +5. Any other standards determined by the Minister resolu tion. + + + + Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association 88 + Chapter Six +National Society +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (41) +National Society Establishment +The National Society shall be established by allocating money approved by the Competent +Authority commensurate with the purpose of its establishment and the size of the Acti vities it +carries out in order to achieve this purpose, provided that this amount is not less than (AED +5,000,000) five million dirhams upon establishment. This amount may be modified by increase +or decrease by a resolution of the Cabinet based on the Mini ster proposal in coordination with +the Local Authority. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (42) +Founders +The following are required of the Founders of a National Society: +1. The Founding Members holding the nationality of the State shall not be less than (70%) of +the total number of F ounding Members. Persons who do not hold the nationality of the State +may participate in establishing Associations in accordance with the following controls: +a. The Founding Members number shall not exceed 30% of the total number of Founding +Members. +b. The Foun ding Member has no diplomatic status. +c. The Founding Member has valid Residence Permit in the State for a period of no less than +(3) three years. +2. The Founding Member shall be of the legal age in accordance with the legislation in force in +the State. +3. The Foun ding Member shall be of good conduct and of good reputation, and has no history +of imprisonment penalty in a felony or misdemeanour of breaching honour or trust, unless +he has been rehabilitated. Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association 89 + 4. Any other controls and conditions determined by the Executiv e Regulation of this Decree by +Law. +5. All conditions or certain conditions stipulated in this Article may be excluded pursuant to a +resolution issued by the Cabinet based on the Minister proposal in coordination with the +Local Authority. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (43) +The By -laws of the National Society +1. The Founding Members shall meet to establish the Association By -laws, provided that the +Executive Regulations of this Decree by Law shall specify the data and information that shall be +included in this By -law. +2. The Minist ry, in coordination with the Local Authority, shall prepare a form for the National +Society By -laws, that the Ministry shall observe. +3. In the event that the National Society is established pursuant to a notarised will, the will shall +include all the data and information specified by the Executive Regulations of this Decree by Law, +and the will in this case shall be considered in accordance with the By -laws. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (44) +National Society BOD of Trustees +1. Every National Society shall have a BOD of Truste es, consisting of at least (5) five Members, +formed by the Founder or Founders, provided that the BOD term of Trustees shall not exceed (4) +four years. The Competent Authority shall be notified of the formation and of every amendment +to the BOD of Trustees . +2. Membership in the BOD of Trustees is required to meet the same conditions stipulated for +Membership in the BOD in Associations to the extent that is commensurate with the nature of +the Association. +3. The BOD of Trustees shall manage the National Soci ety in accordance with its By -laws, and its +Chairman shall represent it before the Court and in its relations with others. Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association 90 + " +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (45) +The provisions of Associations Apply to National Societies +The provisions stipulated in this Decree by Law and Executive Regulations thereof concerning +Associations shall apply to National Societies, to the extent that is commensurate with their +nature. + +Chapter Seven +Unions +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (46) +Unions Formation +Associations and National Societies registered in accordance with the provisions of this Decree +by Law may request the formation of unions among themselves in accordance with in the +Executive Regulations of this Decree by Law. No Association or National Society may call itself a +union unless it is composed of a number of Ass ociations or National Societies that is less than (5) +five in number, and they shall unite in accordance with the provisions of this Decree by Law. The +Unions existing at the time of entry into force of this Decree by Law shall regulate in accordance +with the provisions of this Decree by Law and Executive Regulations thereof. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (47) +Union Tasks +The Union Task with regard to the Associations or National Societies that join it is determined as +follows: +1. Supervise their common interests and guide and direct them to achieve their common +objectives. +2. Coordinate its efforts and working to improve the level of its services. +3. Provide technical, financial and cultural assistance to it. +4. Work to resolve any dispute that arises between them. Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association 91 + 5. Any other tasks determined by the Executive Regulations of this Decree by Law. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (48) +The Provisions of Associations Shall Apply to Unions +The provisions stipulated in this Decree by Law and its Executive Regulations concerning +Associations shall apply to Un ions in matters for which there is no special provision in this +Chapter, to the extent commensurate with their nature. + +Chapter Eight +Social Solidarity Funds +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (49) +The Executive Regulations of this Decree by Law specify the controls and procedures f or +establishing and announcing Social Solidarity Funds, their control, and the procedures for their +dissolution, liquidation, and merger. + +Chapter Nine +Common Provisions +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (50) +Obligations of the Public Welfare Associations +Public Welfare Association s shall comply as follows: +1. Respect the State constitution, laws, and applicable legislation. +2. Apply the best practices approved by the Competent Authority to address weaknesses, enable +it to protect itself from misuse in illegal financing, especially terrorist financing and the financing +of illegal organisations. +3. Establish clear policies to enhance transparency, integrity, and public confidence in its +administration. Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association 92 + 4. Establish an organisational and functional structure, procedures and internal co ntrol controls +for the Association. +5. Conduct financial transactions through official channels in accordance with the legislation in +force in the State. +6. Transparency, publicity and disclosure, and announcing its sources of funding, the names of its +mem bers, its annual budget, and its activities, and it is committed to publishing this through the +means of publication available to it or determined by the Competent Authority. +7. Follow the rules of good governance and management, and that Associations have an internal +By-law that includes sections for procurement, financial affairs, human resources, and penalties, +and that they have a professional conduct codes. +8. Enable any of its Members to view its records, papers, and documents whenever the Member +officially requests this. +9. Update all data, information and documents of Associations periodically and accurately within +their records, including details of activities, events and projects, and the cooperation formulas it +concludes with any party and their s ources of Funding. +10. To establish a suitable Office for its management centre to manage its activity, provided that +the Executive Regulations of this Decree by Law specify the necessary controls for this. +11. The Competent Authority shall renew the licen ce in accordance with the procedures and +controls stipulated in the Executive Regulations of this Decree by Law. +12. Obtain prior approval to issue any cultural, media, literary, informational, or other audio, +visual, or reading product for publishing or c irculating it through audio, visual, print, or digital +media. +13. Pay taxes and fees in accordance with the legislation in force in the State in this regard. +14. Any other obligations in implementation of the legislation in force in the State. +15. Any othe r obligations determined by the Competent Authority, pursuant to the Resolutions +issued by it in this regard. + + Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association 93 + " +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (51) +Prohibitions +Public Welfare Associations and their Members may not do the following: +1. Practice any Public Welfare activity other than those stipulated in its By -laws. +2. Practice any political or partisan activity, collecting information, interfering in politics or +matters affecting the security of the State and its law of government, or using its Office for that +purpose, or provoki ng sectarian, racial, or religious disputes. +3. Affiliate, join, participate in, or deal with any illegal Associations or entities, or any natural or +Legal Person belonging to it, whether inside or outside the State, or financing or providing support +to th em in any way. +4. Deal with, financing, or providing support to any illegal Association, terrorist Association, or +entity, or any natural or Legal Person belonging to any of them. +5. Form secret societies, companies, or formations of a secret, military, or paramilitary nature, or +calling for favouring, supporting, or financing violence or terrorist organisations. +6. Practice activities that would disturb public order, public morals, Emirati customs and +traditions, or threaten the national security of the St ate. +7. Call for discrimination between citizens or residents of the State on the basis of gender, origin, +colour, language, religion or belief, or any activity that calls for racism, incitement to hatred, or +other reasons that are contrary to the Constitu tion and the legislation in force in the State. +8. Participate in supporting or financing the electoral campaigns of any candidate in elections and +referendums, or presenting a candidate in those elections on behalf of the Association. +9. Grant any profess ional or applied certificates without authorisation from the Competent +Authorities in the State, or without an official partnership with one of the specialised universities +or the Competent Authorities, and in accordance with the rules regulating this in t he State. +10. Practice any Public Welfare Activities outside the spatial scope of the licence issued to him by +the Competent Authority. +11. Practice any Activities that require a licence or approval from a governmental entity, before +obtaining a licence or approval from that entity and the Competent Authority. Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association 94 + 12. Aim to make a profit for the Members of a Public Welfare Association, or engaging in an +activity aimed at that, or distributing the Funds of a Public Welfare Association to its Members, +employees, or those responsible for its management. +13. Conduct opinion polls, publishing or making their results available, or conducting field +research or presenting their results, without obtaining prior approval from the Ministry and the +relevant authorities in the State. +14. Conclude agreement in any form with a foreign party outside the State before the Ministry +approval, as well as any amendment to it. +15. Deal in any way with embassies, consulates and diplomatic missions without obtaining +permission from the Competent Authority, and without the approval of the Ministry of Foreign +Affairs in accordance with the procedures followed in this regard. +16. Open branches or Offices outside the State. +17. Interfere in the work of any State or Local Government Authority . +18. Represent any individual or group before the Court in any lawsuits related to the interests of +these individuals or groups. +19. Raise and disseminate information that urges non -respect for the Constitution, laws and +legislation in force in the State, non -respect for judicial rulings, or prevention of their +implementation. +20. Publish information, news, or propaganda that would prejudice public order or harm the +public interest, public security, or public morals. +21. Hold courses, workshops, Meetings o r seminars, whether inside or outside the State, that +would harm public order, harm the public interest or public security, or harm public morals. +22. Work in any way under political cover. +23. Any other prohibitions in implementation of the legislation in force in the State. +24. Any other prohibitions determined by the Competent Authority, pursuant to the Resolutions +issued by it in this regard. + + Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association 95 + " +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (52) +Controls and Procedures to Combat Money Laundering and Terrorist Financing +The Ministry, in coord ination with the Local Authority, undertakes the following: +1. Evaluate risks in Public Welfare Associations periodically, classify them in accordance with +international requirements and the Guide referred to in Clause (2) of article (4) of this Decree by +Law, identify the sub -group, monitor them, and ensure their implementation of their obligations. +2. Develop policies and issuing the necessary measures to ensure the accountability and integrity +of Public Welfare Associations, and implementing awareness an d education programmes on all +topics related to Combat Money Laundering and Terrorist Financing. +3. Exchange data and information related to Public Welfare Associations in the State at all local, +regional and international levels, in order to confront mone y laundering and combat the +financing of terrorism. +4. Any other tasks determined by the Executive Regulations of this Decree by Law. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (53) +Supervision and Follow -Up +1. The Competent Authority has the right to supervise the Public Welfare Associati ons +programmes and projects within the scope of its objectives specified in its By -laws and it may +organise training courses, provide technical advice and various aspects of care in order to raise +the level of services and achieve efficiency in performance . +2. The Local Authority shall provide the Ministry with any data or information it requests +concerning programmes and projects related to Public Welfare Associations subject to its +supervision. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (54) +Control and Inspection +1. Public Welfare Associ ations shall be subject to the supervision of the Competent Authority in +all administrative, technical and financial aspects in order to confirm the aspects of expenditure Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association 96 + and the proper direction of their financial and in -kind resources for the purposes a nd projects +that they undertake in accordance with their By -laws. For this purpose, the Competent Authority +may review the records and documents of Public Welfare Associations and request any data or +reports from them. +2. The Local Authority shall provide the Ministry with any reports, data, or information it requests +related to the results of the supervision and inspection it carries out on Public Welfare +Associations subject to its supervision. +3. The Ministry may coordinate with the Local Authority to co nduct its inspection of any Public +Welfare Associations subject to the supervision of the Local Authority in cases that require this. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (55) +Solution and Liquidation +The Competent Authority may issue a resolution to dissolve and liquidate Public Wel fare +Associations based on the proposal of a committee formed for this purpose, provided that its +Membership includes representatives from the Ministry, if one of the following cases exists: +1. If it violates the provisions of article (50) or (51) of this Decree by Law, without prejudice to +the criminal liability resulting from that. +2. If it is proven that it has carried out actions that conflict with public order or public morals. +3. If the number of Members decreases below the limit specified in Paragrap h (A) of Clause (1) of +article (8) of this Decree by Law. +4. If it becomes clear that its work has no longer seriously achieved the purposes for which it is +established, or that it is incapable of achieving these purposes. +5. If it disposes of its funds in other than the aspects specified thereto according to its purposes. +6. If it becomes unable to fulfil its financial obligations. +7. If it rejects to inspect it or provide incorrect data with the intention of misleading. +8. If it commits a serious violatio n of its By -laws or the provisions of this Decree by Law. +9. If it is not possible to convene its General Assembly for two consecutive years. + Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association 97 + " +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (56) +Solution and Liquidation Alternatives +Without prejudice to the provisions of Clauses (1) and (2) of article (55) of this Decree by Law, +instead of dissolving and liquidating a Public Welfare Association, the Competent Authority may +take one of the following measures: +1. A Temporary BOD shall be appointed, by a reasoned resolution, from among the Members, to +assume the powers of the elected BOD, for a period of (6) six months, renewable for another +similar period or periods. The BOD Members and employees working in the Public Welfare +Association shall take the initiative to hand over the Temporary BOD, onc e all funds, records and +documents are formed. +2. Appoint a Director of the Association for a period of (6) six months, renewable for a similar +period. The Executive Regulations of this Decree by Law shall determine the powers and duties +of the Director in this case. +3. Merge the Public Welfare Association into another similar Association to it in its purposes and +activities, provided that the merger resolution is issued after the approval of the Public Welfare +Association into which the merger will take pl ace. +The Executive Regulations of this Decree by Law shall specify the controls and procedures for +implementing the provisions of this Article, including the provisions of the merger and its effects. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (57) +Optional Liquidation +Subject to the text o f article (59) of this Decree by Law, a Public Welfare Association may be +voluntarily liquidated by a resolution of the Extraordinary General Assembly or a resolution +issued by the Founders of the National Society or a majority of the BOD Members of Truste es, +provided that the Ministry and the Local Authority are notified of the location of this assembly +before The date of the hearing is at least fifteen (15) days. + + Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association 98 + " +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (58) +Disposing of the Funds of Public Welfare Associations After their Dissolution +1. Those in charge of the affairs of any Public Welfare Association whose liquidation decision has +been made, voluntarily or compulsorily, may not dispose its funds and documents except by a +decision of the Competent Authority specifying the method of liqu idation in accordance with the +controls specified by the Executive Regulations of this Law. The documents and the party to +which the funds shall revert when this is not stipulated in the Association By -laws or when it is +impossible to implement what is sti pulated in this Law. +2. The Executive Regulations of this Decree by Law shall determine the controls and procedures +for disposing of the Funds of Public Welfare Associations after their dissolution. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (59) +Completion of Liquidation Works +In all case s, if the Public Welfare Association is dissolved and liquidated, it shall remain a legal +entity to the extent necessary to complete the liquidation work. The Minister, in coordination +with the Local Authority, shall issue a resolution to remove the Public Welfare Association from +the Register after completing the liquidation process in the required manner. The deletion +resolution shall be published in the Official Gazette. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (60) +Exemptions and Benefits +Public Welfare Associations subject to the pro visions of this Decree by Law shall enjoy the +exemptions and benefits stipulated in accordance with the legislation in force in the State. + + + + Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association 99 + Chapter Ten +Administrative Penalties and Sanctions +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (61) +Applying the Severer Penalty +The imposition of th e penalties stipulated in this Decree by Law shall be without prejudice to any +more severe penalty stipulated in any other law. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (62) +Penalties +The following shall be punished by imprisonment and a fine of not less than (500,000) five +hundred thous and dirhams, or by one of these two penalties: +1. Anyone who establishes, organises, or manages a Public Welfare Association subject to the +provisions of this Decree by Law, or opens a branch thereof in the State without its licence from +the Competent Auth ority and its notification from the Ministry. In this case, the Public Welfare +Association shall be considered dissolved by law and the Competent Court shall decide order the +closure of violating premises. +2. Anyone who affiliates, joins, participates, or deals with illegal organisations or with any Natural +or Legal Person belonging to them, whether inside or outside the State, or finances them or +provides support to them in any way. In this case, the Public Welfare Association shall be +considered dissolved by law. The Competent Court may order the closure of the violating +premises. +3. Anyone who continues to practice Public Welfare Activities without taking each of the legal +forms subject to the provisions of this Decree by Law despite being notified of the regularisation +and the expiration of the deadline specified in the notification. + + + Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association 100 + " +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (63) +Person Responsible for Actual Management +The person responsible for the actual management of a Public Welfare Association shall be +punished with the same pena lties for acts committed in violation of the provisions of this Decree +by Law if it is proven that he is aware of them or if his violation of management duties facilitated +their commission. The Public Welfare Association shall be jointly responsible for fu lfilling the +financial penalties imposed in accordance with the provisions of this Decree by Law with those +convicted of committing it. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (64) +Regulation of Violations and Administrative Sanctions +Violations and administrative penalties shall be def ined for acts committed in violation of the +provisions of this Decree by Law and the resolutions issued in implementation thereof by the +bodies that impose penalties and the mechanism of appeal, and the Competent Authority +concerned with collecting adminis trative fines, under a resolution issued by the Cabinet based on +the proposal by the Minister and in coordination with the Competent Authority. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (65) +Judicial Enforcement +The Minister of Justice, or the Head of the Local Judicial Authority, each wi thin his jurisdiction, +and in agreement with the Chairman or the Head of the Competent Authority, may grant some +employees the capacity of judicial enforcement officers, in proving what is committed in violation +of the provisions of this Decree by Law and the regulations and decisions implementing it. + + + + Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association 101 + Chapter Eleven +Final Provisions +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (66) +Transferring the Jurisdiction of Technical Supervision and Disbursing Subsidies +The Cabinet, based on the Minister proposal, has the right to transfer some of t he Ministry +powers, namely technical supervision and disbursement of subsidies to Public Welfare +Associations, to other ministries, departments, bodies and Public Organisations in the State and +to Local Authorities in coordination with them, as the Ministr y deems necessary to achieve the +purposes of the Association. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (67) +Appeals +1. Subject to article (13) of this Decree by Law, any interested party may file a Appeal with the +Competent Authority, as the case may be, concerning the Resolutions, proce dures or measures +taken against him in accordance with the provisions of this Decree by Law and Executive +Regulations thereof within (30) thirty days from the date of his notification of the Resolution or +the action or measure complained of. +2. The Appeal referred to in Clause (1) of this Article shall be decided within thirty (30) days from +the date of its submission. The decision issued regarding the Appeal shall be final, and this shall +not preclude an appeal against this decision before the Competent Co urt. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (68) +Executive Regulations +The Cabinet shall, based on the proposal of the Minister in coordination with the Competent +Authority, shall issue the Executive Regulations of this Decree by Law within six (6) months as of +the date of its publicat ion in the Official Gazette. + Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association 102 + " +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (69) +Executive Resolutions +The Minister and the Head of the Local Authority shall issue the Executive Resolutions necessary +to apply the provisions of this Law and its Executive Regulations. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (70) +Regularisatio n +1. Public Welfare Associations existing at the time of entry into force of this Decree by Law and +not notified by the Ministry shall apply Regularisation and submit a request for their declaration +to the Ministry in accordance with the provisions of this Decree by Law and Executive +Regulations thereof, within a period not exceeding one year from the date of its implementation. +The period may be extended for other periods by resolution from the Cabinet based on the +Minister proposal. +2. Community Associati ons and Clubs licensed at the time of entry into force of this Decree by +Law shall be excluded from Paragraph (B/1) of Clause (1) of article (8) of this Decree by Law +when they apply Regularisation. +3. The Local Authority shall oblige the Public Welfare As sociations licensed by it at the time of +entry into force of this Decree by Law to apply Regularisation in accordance with the provisions +of this Decree by Law within the period specified in Clause (1) of this Article. +4. The Local Authority may exempt Pub lic Welfare Associations licensed by it at the time of entry +into force of this Decree by Law from the provisions relating to Regularisation due to their nature, +provided that they are released by the Ministry within a period not exceeding one year from th e +date of implementation of this Decree by Law. This period may be extended for other periods by +a resolution of the Cabinet based on the Minister proposal in coordination with the Local +Authority, by applying the provisions contained in Articles (7), (50) , (51), (52), (53), (54) and (55) +of this Decree by Law. +5. The Cabinet, based on the Minister proposal, excludes any Public Welfare Association licensed +at the time of entry into force of this Decree by Law from any provision relating to Regularisation, Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association 103 + by applying the provisions contained in Articles (7), (50), (51), (52), and (53) and (54) and (55) of +this Decree by Law. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article (71) +Repeals +1. Federal Law No. (2) of 2008 concerning Public Welfare Associations and National Societies, as +amended are repe aled, as is every provision that violates or conflicts with the provisions of this +Decree by Law and Executive Regulations thereof. +2. The Executive Regulations and Resolutions issued pursuant to Federal Law No. (2) of 2008 +concerning Public Welfare Associ ations and National Societies, as amended in effect upon the +issuance of this Decree by Law shall continue to be implemented in a manner that does not +conflict with its provisions until the regulations and resolutions implementing it are issued. + +" +family and community,Federal Decree by Law No. (50) of 2023 Concerning the Regulations of Public Welfare Association,"Article ( 72) +Publication and Entry Into Force of Decree by Law +This Law by Decree shall be published in the Official Gazette and shall come into force after(6) +six months from the date of its publication. + + + +Mohammed Bin Zayed Al Nahyan +President of the United Arab Emirates + + +Issued by us at the Presidential Palace – Abu Dhabi: +On: 17 Rabi' I, 1445 H +Corresponding to: October 02, 2023 + " +family and community,Federal Decree-Law No. (10) of 2019 On the Protection Against Domestic Violence,"Article (1) +Objectives of the Decree- Law +This Decree -Law aims at: +1. Combating domestic violence, promoting family social cohesion and preserving family structure. + +Federal Decree- Law No. (10) of 2019 On the Protection Against Domestic Violence 2 + 2. Protecting personal privacy in a manner consistent with the legacy, customs and +traditions in community. +3. Modifying behaviors harmful to family, woman and child and preserving social and +moral legacy, customs, traditions and norms in the State. + +" +family and community,Federal Decree-Law No. (10) of 2019 On the Protection Against Domestic Violence,"Article (2) +Applicability +The provisions of this Decree -Law shall apply to the domestic violence crimes set forth +therein. + +" +family and community,Federal Decree-Law No. (10) of 2019 On the Protection Against Domestic Violence,"Article (3) +Domestic Violence Concept +For the purpose of applying this Decree -Law, domestic violence means any act, word, +offence, abuse or threat committed by a family member against another family member beyond the guardianship, custody, dependency, power or responsibility vested in him, +involving a bodily, psychological, sexual or economic harm. + +" +family and community,Federal Decree-Law No. (10) of 2019 On the Protection Against Domestic Violence,"Article (4) +Family Concept +Upon applying the provisions of above article (3), a family includes the following: +1. Husband and wife and their sons and grandsons. +2. Sons of a spouse from another marriage. +3. Father and mother of either spouse. +4. Relatives by blood or marriage up to the fourth degree. +5. Persons in the care of a foster family, pursuant to the provisions of statutes in force. + + + +Federal Decree- Law No. (10) of 2019 On the Protection Against Domestic Violence 3 + " +family and community,Federal Decree-Law No. (10) of 2019 On the Protection Against Domestic Violence,"Article (5) +Types of Domestic Violence +The following acts, as per the provisions of this Decree -Law, constitute a domestic violence, +subject to the provisions of statutes in force in the State: +1. Physical Abuse: Means any assault by any means on the victim's body, even if it has no +impact. +2. Psychological Abuse: Means any acts or words causing a psychological harm. +3. Sexual Abuse: Means any act constituting a sexual assault or harassment on the victim or +exploitation of the same by any means. +4. Economic Abuse: Means any act leading to depriving the victim of his right or freedom to +dispose of his money with the intention of afflicting damage thereon. + +" +family and community,Federal Decree-Law No. (10) of 2019 On the Protection Against Domestic Violence,"Article (6) +Restraining Order +The Public Prosecution may, of its own accord or at the victim's request, issue a restraining +order obligating the abuser of the following: +1. To stay away from the victim. +2. To stay away from the places prescribed for protecting the victim or any other place +mentioned in the restraining order. +3. Not to afflict damage on personal property of the victim or any of his family members. +4. To enable the victim or his delegate to receive his necessary personal belongings. +5. Any other procedures the Public Prosecution deems necessary to include in the +restraining order, which would provide an effective protection of the victim or any +persons who are likely to be exposed to harm due to their relationship with the victim. + +" +family and community,Federal Decree-Law No. (10) of 2019 On the Protection Against Domestic Violence,"Article (7) +Effective Period of the Restraining Order and Appealing it +1. The period of the restraining order, issued by the Public Prosecution, shall not exceed +(30) thirty days. The Public Prosecution may renew such order for two similar periods +Federal Decree- Law No. (10) of 2019 On the Protection Against Domestic Violence 4 + not exceeding (60) sixty days. +2. If the period referred to in above Item (1), the restraining order may be renewed by a +decision by the competent court up to (6) months. +3. Both the abuser and the victim may appeal the restraining order before the competent +court, within (7) days from the date of its issuance. + +" +family and community,Federal Decree-Law No. (10) of 2019 On the Protection Against Domestic Violence,"Article (8) +Penalties +Whoever violates a restraining order issued under the provisions of this Decree -Law shall be +sentenced to imprisonment for not more than (3) months and/or a fine of not less than (AED +1000) one thousand dirhams and not more than (AED 10,000) ten thousand dirhams. +The penalty shall be doubled if the restraining order is violated by using violence against any +person covered by the provisions of this Decree -Law. + +" +family and community,Federal Decree-Law No. (10) of 2019 On the Protection Against Domestic Violence,"Article (9) +1. Without prejudice to any severer penalty set forth in any other law, whoever commits +any of the domestic violence acts set forth in article (5) hereof shall be sentenced to +imprisonment for not more than six months and/or a fine of not more than (AED 5,000). +2. The crimes set forth in Chapter VII, Book II of Federal Law No. (3) of 1987 , referred to +hereinabove, or in any other law are considered domestic violence crimes, pursuant to the provisions of article (3) hereof, to which the provisions set forth therein shall be +applied. +3. The court may double the penalty if the perpetrator commits any of the domestic +violence acts set forth in article (5) hereof within a year from committing the previous +act. + +" +family and community,Federal Decree-Law No. (10) of 2019 On the Protection Against Domestic Violence,"Article (10) +Reconciliation +The Public Prosecution shall, before proceeding with the action related to domestic violence +Federal Decree- Law No. (10) of 2019 On the Protection Against Domestic Violence 5 + crimes, propose reconciliation to the victim, pursuant to the controls and procedures set +forth in Federal Law No. (35) of 1992, referred to herein above. + +" +family and community,Federal Decree-Law No. (10) of 2019 On the Protection Against Domestic Violence,"Article (11) +Final Provisions +The Cabinet may issue resolutions, regulations and statutes necessary for fulfilling the objectives of this Decree -Law and implementing the provisions thereof, upon a proposal by +the Minister of Community Development. + +" +family and community,Federal Decree-Law No. (10) of 2019 On the Protection Against Domestic Violence,"Article (12) +Any provisions contradicting the provisions of this Decree -Law or are in conflict therewith +shall be repealed. + +" +family and community,Federal Decree-Law No. (10) of 2019 On the Protection Against Domestic Violence,"Article (13) +Publication and Entry into Force +This Decree -Law shall be published in the Official Gazette, and shall enter into force from +the date to be set by a Cabinet's resolution. + + +Khalifa bin Zayed Al Nahyan +The President of the United Arab Emirate + +Issued by us at Abu Dhabi Presidential Palace +Dated: 28 th Zulhijjah 1440 AH, +Corresponding to: 29 th August 2019 AD + + " +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (1) +Definitions +In application of the provisions of this Law by Decree, the following words and phrases shall +have the meanings assigned to each of them, unless the context otherwise requires: +State : United Arab Emirates. +Government : Government of the UAE. +GPSSA : General Pension and Social Security Authority. +Minister : Minister of Finance. +BOD : GPSSA's Board Of Directors. +BOD +Chairman : The Chairman of the GPSSA's Board Of Directors. +Employer : 1. In the Government Sector: the federal government +agencies, public bodies and institutions, public +companies and banks in which the federal +government contributes, in addition to local +government agencies that the Government of the +concerned Emirate requests to be subject to this Law +by Decree. +Federal La w by Decree of 2023 Concerning Pension and Social Security 2 + 2. In the Private sector: Every natural or legal person +who employs national employees in exchange for +wages of any kind. +3. Regional and international missions and foreign +political missions operating in the State. + +National : Anyone who holds the nationality of the State in accordance +with the legislation in force in the State. +Insured : Every national person who works for an Employer that is +subject to the provisions of this Law by Decree. +Subscription +Duration : The period of service for which the Insured is entitled to a +pension or end -of-service gratuity, as the case may be, in +accordance with the provisions of this Law by Decree. +Pension er : Anyone whose service has ended and is entitled to a pension +in accordance with the provisions of this Law by Decree. +Retirement +Age : Sixty (60) Gregorian years. +Pension : The amount due from the GPSSA periodically every month to the +Pensioner or his beneficiaries in accordance with the provisions +of this Law by Decree. +Beneficiary : Anyone who is entitled to a share in the Pension due to the +death of the Insured or Pensioner. +Period of +Service : Every period of service that the Insured spent at work during +which he was subject to this Law by Decree, as well as the +periods that he may include or add in accordance with its +provisions. +Work Injury + : Injury as a result of an accident that occurs during or because +of work, or infect ion with an occupational disease. Any +accident that occurs to the Insured while going to or +returning from work is considered an injury. +Federal La w by Decree of 2023 Concerning Pension and Social Security 3 + Occupational +disease : The disease that occurs most frequently among those +working in one profession or group of professions and not +others, based on Annex No. (1) attached to this Law by +Decree. The percentage of disability resulting from the +occupational disease shall be estimated by a decision issued +by the Competent Medical Committee. The disease is +considered oc cupational if it appears on the Insured during +carrying out his profession or within one year as of the date +of leaving work. +Incapable of +Earning : Every person suffering from a disability that would reduce +his ability to work by no less than (50%), and this shall be +proven by a decision issued by the Competent Medical +Committee. +Total +Disability : Any disability that would completely and permanently +prevent the Insured from practising any profession or work +from which he earns a living, and t his shall be proven by a +decision issued by the Competent Medical Committee after +the condition stabilises. This shall include cases of complete +loss of sight, loss of arms, loss of legs, or loss of one arm and +one leg and conditions of mental illness or c hronic and +incurable diseases that are determined by a resolution issued +by the Minister of Health and Community Prevention. +Partial +Disability : Any disability that would permanently affect the Insured's +ability to work in his original profession or to e arn a living in +general and that results from a work injury, and this shall be +proven by a decision issued by the Competent Medical +Committee after the condition stabilises, based on Annex +No. (2) attached to this Law by Decree, which shows the +degrees of disability in cases of loss of organs. If the disability +is not included in the aforementioned table, its percentage +Federal La w by Decree of 2023 Concerning Pension and Social Security 4 + shall be estimated in proportion to the disability that occurs +to the Insured in his ability to earn a living, provided that +such percentag e is shown in the report of the Competent +Medical Committee. If the resulting disability has a special +impact on the ability of the injured person, to earn a living in +his original profession, the type of work performed by the +injured person must be explai ned in detail, along with an +explanation of the impact of this on increasing the degree of +disability in those cases beyond the percentages specified for +them in the aforementioned table. + +Natural Death : Death not resulting from a work injury. +Competent +Medical +Committee : The medical committee formed by a decision issued by the +Minister of Health and Prevention to prove every case +stipulated in this Law by Decree. +Subscription +Account +Salary : The salary on the basis of which the Employer's share and +the Insured's share in subscriptions are paid to the GPSSA, +which is determined in accordance with the provisions of +article (5) of this Law by Decree. +Pension +Account +Salary : The salary on which the pension or end -of-service gratuity is +calculated, as referred to in article (18) of this Law by +Decree. + +" +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (2) + Scope of Application +1. The provisions of this Law by Decree shall apply to the Insured who works for an Employer +as of the date of its entry into force. +2. The provisions of this Law by Decree shall not apply to the following categories: +a. The insured subject to the provisions of the aforementioned Federal Law No. (7) of +1999. +Federal La w by Decree of 2023 Concerning Pension and Social Security 5 + b. The Pensioner who receives a pension in accordance with the provisions of the +aforementioned Federal Law No. (7) of 1999 or any precedent law, even if he joins a +new job with the employer, as he continues to be subject to the provisions of Federal +Law No. (7) of 1999. +c. The Insured who has received an end -of-service gratuity i n accordance with the +provisions of the aforementioned Federal Law No. (7) of 1999 or any precedent law, +even if he joins a new job with the Employer, as he continues to be subject to the +provisions of Federal Law No. (7) of 1999. + +" +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (3) +Controls for the Insured's Subscription +1. The age of the Insured must not be less than (18) eighteen years and not more than the age +of retirement, and he must be medically fit to work upon appointment according to a medical +report from the medical author ity approved by the Employer, who must submit this report to +the GPSSA upon for him subscribing to it. +2. In applying the provisions of this Law by Decree, the official document prepared to prove +the age issued by the competent authority in the State and s ubmitted to the GPSSA upon +subscription for the first time shall be adopted, as well as any amendment to the age recorded +under it if it is made within a period not exceeding one year as of the date of subscription. + +" +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (4) +Subscriptions Paid to GPSS A on Behalf of the Insured +1. Subscriptions on behalf of the Insured shall include the following: +a. The Insured's share in monthly subscriptions at the rate of (11%) of the subscription +account salary, deducted by the Employer from this salary. +b. The Employer's share in the monthly subscriptions at the rate of (15%) of the +subscription account salary for its insured employee. As for the Employer in the +Private Sector, the Government shall bear (2.5%) of its share on behalf its national +employees whose subscription account salaries are less than twenty thousand +(20,000) AED, to be paid to the GPSSA in the form of support to encourage the +Federal La w by Decree of 2023 Concerning Pension and Social Security 6 + Employer to hire nationals. The Cabinet may amend or cancel this rate and set all +conditions and controls related to t he Government bearing this rate according to +what the Cabinet deems appropriate. +2. The Cabinet may, upon the recommendation of the BOD, set a limit on the annual increase +included in the subscription account salary of the Insured or during any of his subs cription +periods, as well as reconsider the subscription rate of the Employer and the Insured and divide +it between them. + +" +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (5) +Subscription Account Salary +For the purposes of implementing the provisions of this Law by Decree, the subscription +acco unt salary shall be calculated as follows: +1. As for the Government Sector: +a. The basic monthly salary of the Insured, plus the monthly bonuses and allowances +granted to him, which are the cost -of-living allowance, the social allowance for +children, the social allowance for the National, and the housing allowance +determined for his grade. The monthly housing allowance shall be estimated for +those to whom this allowance is paid annually by dividing it by the number of +months of the year, provided that the Insured's subscription account salary does not +exceed one hundred thousand (100,000) AED. +b. As for the Prime Minister, his deputies, the ministers, and those of similar rank: the +basic salary plus the housing allowance and other monthly and annual allowances . +The annual allowances shall be estimated monthly by dividing them by the number +of months of the year, provided that the subscription account salary does not exceed +one hundred and fifty thousand (150,000) AED. +2. As for the Private Sector: +The wage dete rmined by the employment contract, provided that the subscription account +salary is not less than three thousand (3,000) AED and does not exceed seventy thousand +(70,000) as a maximum. The minimum and maximum for the subscription account salary +may be modi fied as permitted by the financial position of the GPSSA by a decision issued by +Federal La w by Decree of 2023 Concerning Pension and Social Security 7 + the Minister based on the BOD recommendation. +3. As for the Insured who works for any of the regional and international missions and +foreign political missions operating in th e State: +The Insured's basic salary that is specified in the employment contract, plus the benefits, +bonuses or allowances granted in exchange for his work, in accordance with the subscription +account salary determined for the private sector. +The BOD may d etermine the elements that are included in calculating the subscription +account salary in cases where the Employer applies a pay roll for his employees that is +contrary to what is stipulated in the provisions of this Article. + +" +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (6) +Calculation of Subscription Period +1. When calculating the subscription period, the periods of service that the Insured spends +with an Employer subject to the provisions of this Law by Decree shall be included, as well as +the added periods, the periods of leaves and delegations, and any periods for which the +Insured is not entitled to a salary or a full salary, including, but not limited to: study leaves, +sick leaves, and delegations. +2. The Insured shall continue to be subject to the provisions of this Law by Decree during the +period of his leave, secondment, delegation, or transfer. The rules for calculating subscription +and who is obligated to pay them in these and other similar cases shall be determined by a +decision issued by the BOD. +3. The following p eriods are not included in the calculation of the subscription period: +a. Periods of suspension from work without pay, or absence for which it is decided to +deprive the Insured of his salary. +b. Periods that may not be added in accordance with the provisions of this Law by +Decree. + + + + +Federal La w by Decree of 2023 Concerning Pension and Social Security 8 + " +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (7) +Previous Service Periods Addition +For the purposes of calculating the pension or end -of-service gratuity in accordance with the +provisions of this Law by Decree, the Insured may add the following periods: +1. The previous period of service with any Employer subject to the provisions of this +Law by Decree. +2. The period of service prior to obtaining the nationality of the State. +3. Previous periods of service in any entity decided by the Cabinet based on a proposal +from t he BOD. + +" +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (8) +Provisions and Controls for Adding Previous Service +1. In order to add the service periods referred to in article (7) of this Law by Decree, the +following are required: +a. The Insured must express in writing his desire to add the periods of his previous +services before the end of his service, provided that the necessary certificates and +documents are attached to his application. +b. The previous periods of service to be added must not have been terminated due to +any reason for complete deprivation of pension or end -of-service gratuity. +c. The periods to be added must not be temporary or from the training periods prior to +appointment. +d. The Insured must pay the cost of the addition at the rate of his share and the +employer's share in the subscriptions for the periods to be added, calculated on the +basis of the subscription account salary on the date of submitting the addition +application. +e. The Insured must pay the full cost of the addition referred to in Paragraph (D) of this +Article before the end of his service. +f. The cost of addition shall be paid in one lump sum within thirty (30) days as of the +date of approval of the addition application; otherwise, the addition application shall +be considered void. The Insured may also request it to be paid in instalments in +Federal La w by Decree of 2023 Concerning Pension and Social Security 9 + accordance with the principles and conditions set by the BOD in this regard. +g. Any conditions decided by the BOD. +2. If the Insured's service ends before he completes the cost of addition, the previous periods +of added service shall be calculated to correspond to the amounts actually paid. +3. As an exception to the provisions of Paragraph (E) of Clause No. (1) of this Article, the +Minister may, upon a proposal from the BOD, establish special rules for cases in which it is +permissible to accept the addition application or complete its cost after the end of the +Insured's service, provided that they are approved by the Cabinet. +4. The Insured's previous period of service is deemed to be added to his subsequent service if +he chooses not to p ay the end -of-service gratuity due to him for it, in accordance with the +conditions set by the BOD for this purpose, including specifying the specific period for +benefiting from this option. +5. If the Pensioner is returned to service with an Employer subje ct to the provisions of this Law +by Decree, he may add his previous service period and upon its expiration he shall be treated +on the basis of both periods together, provided that the Minister issues the necessary controls +and conditions, including the met hod of calculating the addition costs. + +" +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (9) +Insured Obtaining Nationality of the State +The provisions of this Law by Decree shall apply to the person who obtains the nationality of +the State while serving with an Employer subject to the provisions of this Law by Decree as of +the date on which he obtains the nationality, and he may add his periods of service prior to +this date in accordance with the provisions of article (8) of this Law by Decree. + +" +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (10) +Salary Based On Which Subscriptions Are Calculated +1. Subscriptions in the Government Sector shall be calculated based on the Insured's salary +each month. +2. Subscriptions in the Private Sector shall be calculated during a calendar year on the basis of +the Insured's sala ry in the month of January of each year. As for the Insured who joins work +Federal La w by Decree of 2023 Concerning Pension and Social Security 10 + after January, subscriptions shall be calculated on the basis of the salary of the month in which +he joined the service until the following January, then the subscriptions shall be paid on the +basis of January salary of each year. +3. The BOD may change the method of calculating the subscriptions stipulated in Clauses (1) +and (2) of this Article. + +" +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (11) +Employer's Obligations +1. The Employer is obligated to register the Nationals who work for him and are subject to the +provisions of this Law by Decree with the GPSSA within thirty (30) days as of the date of +joining the service. He is also obligated to provide the GPSSA with the names of the insured +persons whose services end within fifteen (15) days at most as of the date of the end of their +services. If the Employer violates the provisions of this Clause, it is obligated to pay an +additional amount of two hundred (200) AED for each day of delay, and this amount will be +multiplied by the number of insured persons. +2. The Employer is obligated to provide the GPSSA, upon its request, with any statements, data +or documents, including details. +The Insured's salaries and all necessary documents for the purposes of calculating th e +prescribed subscriptions in accordance with the provisions of this Law by Decree within ten +(10) days as of the date of the application. In the event of delay, he is obligated to the GPSSA +to pay an additional amount of one hundred (100) AED for each day of delay, and this amount +may be multiple in the event of multiple insured persons. The GPSSA shall calculate the +subscriptions due from the Employer according to what it decides in the event of its violation +of the provisions of this Clause. +3. The Emplo yer is obligated to pay the amounts owed by it and by the Insured, and it is +responsible for paying them as of the date on which the Insured joins work for it until he +leaves it , month by month. For this purpose, part of a month is considered a full month . +4. The Employer is obligated to the GPSSA to pay its share of the subscriptions, as well as the +Insured's share that it deducts from his salary, within the period stipulated in article (12) of +this Law by Decree. In the event of a delay in paying them, i t is obligated to pay an additional +Federal La w by Decree of 2023 Concerning Pension and Social Security 11 + amount of zero point one percent (0.1%) of the subscriptions due for each day of delay, +without the need for warning or notice; and in all cases, the additional amount must not +exceed the value of the subscriptions due. +5. Without prejudice to the provisions of Clause (4) of this Article, the Employer who has not +paid subscriptions on the basis of real salaries is obligated to pay an additional amount of +(10%) ten percent of the value of the subscriptions due without warn ing or prior notification. +The BOD may determine the cases of exemption from the additional amount and the +conditions for total or partial exemption from it. + +" +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (12) +Deadline for Paying Subscriptions +Subscriptions shall be payable as of the first of the month following the month for which they +are due, and may be extended until the fifteenth day of this month, and these subscriptions +shall be non -refundable. + +" +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (13) +Pension Entitlement Cases +1. The pension shall be entitled in the follo wing cases: +a. The end of service of the Insured due to death, total disability, or medical unfitness. +The two cases of total disability or unfitness shall be proven by a decision issued by +the Competent Medical Committee. +b. The end of service of the Insured when he reaches the age of retirement whenever +his subscription period reaches at least fifteen (15) years. +c. The end of service of the Insured by dismissal by disciplinary decision or dismissal by +a court judgment whenever the period of his subscription is thirty (30) years, and he +reaches the age of fifty -five (55) years. +d. The end of service of the Insured upon his request whenever the period of his +subscription is at least thirty (30) years, and he reaches the age of fifty -five (55) years. +e. The end of service of the married, divorced or widowed insured woman upon her +request, if her subscription period is (30) thirty years and her age reaches (55) fifty - +Federal La w by Decree of 2023 Concerning Pension and Social Security 12 + five years, provided that both the minimum subscription period and the age for +entitlement to the pension for the insured woman with children shall be reduced in +accordance with the following: +a. Two years for the subscription period and three years for the age of each of +the fifth and sixth children. +b. Three and a half years for the subscription per iod and four years for the age +of the seventh child. +f. The end of service of the Insured by a federal decree or a local decree, provided that +the treasury of the Federal Government or the treasury of the Government of the +concerned Emirate, as the case may b e, shall bear the actual costs that may result +from that, provided that a decision is issued by the BOD on the method of calculating +those costs. \ +g. The end of service of the Insured for reasons other than those stipulated in the +preceding Paragraphs wheneve r his subscription period is (30) thirty years and when +his age reaches (55) fifty -five years. +2. Subject to the provisions of Paragraph (E) of Clause (1) of this Article, the pension shall be +calculated in the two cases stipulated in Paragraphs (A) and (F ) on the basis of a subscription +period of (15) fifteen years or the actual subscription period, whichever is longer. +3. In the cases stipulated in the other Paragraphs, the pension shall be calculated on the basis +of the subscription period stated therein . + +" +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (14) +Nominal Service Periods +The Insured may request the purchase of a nominal service period to be added to his actual +service period under the following conditions: +1. The Insured must express in writing his desire to purchase that period before the end of +his service. +2. He must have spent an actual period of service of at least twenty -five (25) years when +submitting the purchase request, or a period of fifteen (15) years if he is sixty (60) years +of age. +Federal La w by Decree of 2023 Concerning Pension and Social Security 13 + 3. The period required to be purchased s hall not exceed five (5) years. +4. The Insured must pay before the end of his service the cost of the purpose at the rate of +his share and the Employer's share in the subscriptions for the periods to be purchased, +calculated on the basis of the subscription a ccount salary on the date of submitting the +purchase application. +5. The purchase cost shall be paid in one lump sum or in instalments, provided that the full +cost is paid before the end of the service. +6. If the Insured dies before collecting the instalments, they will continue to be collected +from the pensions of the beneficiaries. +7. Any conditions decided by the BOD to implement the provisions of this Article. + +" +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (15) +Case of Missing of the Insured +If a judgment is issued deeming the Insured missing, his beneficiaries shall be paid a +temporary monthly pension equivalent to the pension they are entitled to on the assumption +that he died during service. If it is subsequently found that the missing person is alive, the +pension payment to his ben eficiaries shall be stopped and his condition shall be settled in +light of the results of the judicial investigations. If it is proven that his position is not sound, +the GPSSA has the right to claim him for what has been previously disbursed; but if his +position is proven to be sound, a set -off shall be made between his entitlements and what has +been disbursed to his beneficiaries. If his entitlements exceed the value of what has been +disbursed to them, the difference shall be paid to him. + +" +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (16) +Entitlement to Pension of Death and Total Disability Resulting From Work +Injury +The Pension shall be settled assuming that the Insured's subscription period has reached +thirty -five (35) years, or on the basis of his actual service period, whichever is long er, in the +event that his service ends due to death or total disability as a result of a work injury. +Federal La w by Decree of 2023 Concerning Pension and Social Security 14 + " +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (17) +Compensation for Partial Disability Resulting from Work Injury +1. The Insured who develops a partial disability resulting from a work injury is entitled to +compensation estimated in proportion to the disability he suffers multiplied by the amount +of seventy -five thousand (75,000) AED. +2. The Insured shall be deprived of the compensation referred to in Clause No. (1) of this +Article in th e following cases: +a. If he intentionally injures himself. +b. If the injury occurred as a result of intentional behaviour on his part; and every act +committed by the Insured under the influence of alcohol, drugs, or psychotropic +substances, or his intentional vi olation of the prevention instructions announced in +the workplace, is considered to be the same. In all cases, it is not permissible to allege +this act or violation except after it has been proven by the investigation conducted in +this regard by the compet ent authorities. +3. The provisions of article (16) and Clauses Nos. (1) and (2) of this Article shall not preclude +the right of the Insured or his heirs to claim his full right to compensation against others. +4. The Insured or his heirs - as the case may b e - shall have the right to claim full compensation +from the Employer if the injury has resulted from an error or negligence on its part, provided +that what was disbursed thereto by the GPSSA is deducted in accordance with the provisions +of this Law by Dec ree. + +" +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (18) +Pension Account Salary +For the purposes of implementing the provisions of this Law by Decree, the pension account +salary shall be calculated as follows: +1. As for the Government Sector: +a. The average subscription account salary for the la st six (6) years of the subscription +period or the entire subscription period if it is less than that. +b. As for the Prime Minister, his deputies, ministers, and those of similar rank, the +average subscription account salary for the last six (6) years of the subscription +Federal La w by Decree of 2023 Concerning Pension and Social Security 15 + period or the entire subscription period if it is less than that. +2. As for the Private Sector, regional and international missions and foreign political +missions operating in the State: +The average subscription account salary for the last six (6) years of the subscription period or +the entire subscription period if it is less than that. + +" +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (19) +Pension Calculation +1. The Insured's pension shall be calculated at the rate of (2.67%) of the pension account +salary for each year of the subscription periods that reach thirty (30) years, and it shall be +increased by (4%) for each year of the subscription periods that exceed that, up to a maximum +of (100%) of this salary. +2. The Insured's right to Pension starts on the day following the end of his service and is +terminated upon his death. +3. Part of a month is considered a full month when calculating the subscription period. +4. The minimum pension for the Insured shall be ten thousand (10,000) AED per month, +provided that the Government shal l pay the financial differences arising from this to the +GPSSA. +5. If the subscription period exceeds thirty -five (35) years, the Insured shall be granted a +reward for the excess period at the rate of three (3) months for each year calculated on the +basis of the pension account salary. +6. The Cabinet may, based on the recommendation of the Minister and as permitted by the +GPSSA's financial position, amend the minimum pension according to the variables of +inflation rates in the State, and any other influence s. + +" +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (20) +Provisions for Pensions of Prime Minister, His Deputies, and Ministers +1. The Prime Minister, his deputy, or the Minister is entitled to a pension of (50%) of the +pension account salary if he spends a year or less in the ministerial position, and it shall be +increased by (10%) of this salary for each of the following three years, and by (20%) for each +Federal La w by Decree of 2023 Concerning Pension and Social Security 16 + year exceeding that up to a maximum of (100%) of the pension account salary. +2. The Government Treasury shall bear the diff erence in subscriptions between the period of +actual service and the period of service on the basis of which the pension is calculated. +3. Without prejudice to the provisions contained in this Article, the provisions of this Law by +Decree shall apply to th e Prime Minister, his deputy, ministers, and those of similar rank. + +" +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (21) +Beneficiaries and Conditions for their Entitlement to Pension Shares +1. The right to the Pension shall be transferred after the death of the Insured or Pensioner to +his beneficiaries referred to in Clause No. (2) of this Article, provided that they meet the +conditions specified in article (22) of this Law by Decree on the date of death. +2. The Pension shall be distributed as follows: +a. Widow(s) or beneficial spouse: (40%) o f the Pension. +b. Children (males and females): (40%) of the Pension. +c. Father, mother, or both: (20%) of the Pension. +3. The beneficiary shall receive his share of the Pension in accordance with Clause (2) of this +Article as of the first of the month following the date of death. +4. The Pension shall be distributed equally if more than one beneficiary shares in the Pension +share. + +" +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (22) +Controls of Entitlement, Cessation, and Cutting off Payment of Pension +Salary to Beneficiaries +1. The widow's share shall be cut off in the event of marriage or joining a job covered by the +provisions of this Law by Decree. +2. The spouse is entitled to a share in his dead wife's pension if he is unable to earn a living, +and this inability is proven by a report from the Competent Medical Committee, and this shall +be verified once every two years unless the Committee decides that he is unlikely to recover. +His share is also cut off if he joins a job covered by the provisions of this Law by Decree or is +Federal La w by Decree of 2023 Concerning Pension and Social Security 17 + entitled to a pensio n from the GPSSA. +3. In order for a daughter to be entitled to a share in the Pension, she must be single, divorced, +widowed, or incapable of earning, and it shall be cut off in the event of her marriage, joining +a job covered by the provisions of this Law by Decree, her entitlement to a pension from the +GPSSA, or the clearance of her incapability, provided that the incapability to earn or clearance +thereof is proven in accordance with the provisions of Clause (2) of this Article. +4. In order for a son to be entitled to a share in the Pension, he must not have reached the age +of twenty -one (21) on the date of death, and his share in the Pension will be cut off when he +reaches this age, excluding: +a. The incapable of earning until the clearance of his incapabil ity, provided that the +incapability to earn or clearance thereof is proven in accordance with the provisions +of Clause (2) of this Article. +b. The student in one of the stages of education that exceeds secondary education, +provided that he does not exceed the age of twenty -four (24), unless his speciality +requires extending this age for a maximum of two years, after the approval of the +BOD, provided that the Pension share continues to be paid to the student who +reaches that age during the academic year until i ts end. +c. The son joining a job covered by the provisions of this Law by Decree, as his share in +the Pension shall be cut off even if he has not reached the age of twenty -one (21). +5. The father shall be entitled to a share in his dead son's pension if he do es not have a salary +from a job covered by the provisions of this Law by Decree or a pension from the GPSSA. +6. The mother shall be entitled to a share in her dead son's pension if she is a widow or +divorcee and does not have a salary from a job covered by the provisions of this Law by Decree +or a pension from the GPSSA. +7. In all cases, the Pension shall be paid to the beneficiaries within the limits of the difference +between it and the work wage, if this wage is less than the value of the Pension. + + + + +Federal La w by Decree of 2023 Concerning Pension and Social Security 18 + " +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (23) +Minimum Pension for Beneficiary +1. The minimum share of the beneficiary of the Insured or Pensioner shall be as follows: +a. Eight hundred (800) AED for the widow or beneficiary spouse. +b. Six hundred (600) AED for each parent. +c. Four hundred (400) AED for each of the remaining beneficiaries. +In all cases, it is required that the total shares of the beneficiaries do not exceed the amount +of the Pension. +2. It is prohibited for the beneficiary to combine more than one pension due from the GPSSA, +and if he is entitled to that, the one with the greater value shall be paid. An exception to this is +the widow of the Pensioner, who is entitled to combine her pension from the GPSSA and her +share of her husband's pension. +3. Subject to the provisions of article (22) of this Law by Decree, the share of any of the +beneficiaries shall be transferred to the GPSSA in the event of cutting off or expiration in +accordance with the provisions of this Law by Decree. + +" +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (24) +Combining More Than One Pension +1. The Pensioner may combine his pension due under the provisions of this Law by Decree +with his pension due under any other legislation, with the exception of the Pension from the +GPSSA. +2. It is prohibited for a pensioner to combine more than one pension from the GPSSA, and if +he is entitled to that, the one with the greater value shall be paid to him. + +" +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (25) +Combining Pension and Salary +1. Payment of the Pension shall be ceased if the Pensioner joins a job covered by the +provisions of this Law by Decree in return for consideration, whether a monthly or lump sum +salary or a bonus, if this consideration is equal to or greater than the value of the Pension. +Federal La w by Decree of 2023 Concerning Pension and Social Security 19 + 2. The Pension shall be paid within the limits of the difference between it and the wor k wage, +if this wage is less than the value of the Pension. +3. The pension will be re -disbursed at the end of service, subject to the provisions of Article +(24) of this Law by Decree. +4. As an exception to Clauses (1) and (2) of this Article, the Pensioner whose subscription +period has reached thirty (30) years has the right to combine the Pension with work +consideration, regardless of their value. +5. The Cabinet may, upon the recommendation of the Minister, reconsider cases of combining +the pension and sal ary of the Pensioner or the beneficiary, by addition or cancellation. + +" +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (26) +End of Service Gratuity +1. The Insured shall be granted an end -of-service gratuity if his service ends, and he is not +entitled to a pension in accordance with the provisions of this Law by Decree. +2. The end -of-service reward shall be calculated at the rate of one and a half months for each +year of the first five subscription period, provided that it is not less than one year, then at the +rate of two months' salary for each year of the next five subscription period, then at the rate +of three (3) months' salary for each year in excess of that. +3. The end -of-service gratuity shall be calculated based on the pension account salary. +4. Part of a month is considered a ful l month when calculating the subscription period. +5. If the Insured is entitled to an end -of-service gratuity and then dies before receiving it, it +shall be paid to his beneficiaries in accordance with the provisions contained in this Law by +Decree with re gard to the Pension. If there are no beneficiaries, it shall be distributed +according to the provisions of inheritance in Islamic Sharia. + +" +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (27) +Loss or Cessation of Right to Pension or End -of-Service Gratuity +1. Without prejudice to the provisions of Articles (28) and (29) of this Law by Decree, the +Insured or Pensioner may not be deprived of the Pension or end -of-service gratuity except by +a disciplinary decision issued by the competent authority not exceeding a quarter of the +Federal La w by Decree of 2023 Concerning Pension and Social Security 20 + Pension or end -of-service gratuity, with the exception of the alimony debt owed, provided +that such debt must be disbursed through the entities to which the Pension is transferred, +provided that this decision has been taken against the Pensioner for the acts committed +thereby before the end of his service. +2. Notwithstanding what is stated in any other legislation and with the exception of the +GPSSA's debt, the GPSSA is prohibited from making any deduction on the Pension or end -of- +service gratuity for the benefit of another de bt. +3. The Employer is obligated to deduct any debts owed to the GPSSA by the Insured before +any other debt is paid, and any text that contradicts this provision is considered invalid. +4. The BOD shall set the rules for withholding or deducting from the pe nsion or end -of-service +gratuity in favour of the GPSSA's debt. In all cases, the GPSSA's debt shall be recovered from +the end -of-service gratuity without limits. + +" +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (28) +Death of the Insured Subject to Disciplinary Action +If the Insured or Pensione r who is subject to a disciplinary action during his lifetime depriving +him of part of his pension dies, the right to the actual pension he has been receiving shall be +transferred to his beneficiaries in accordance with the provisions of this Law by Decree . + +" +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (29) +Withdrawing Insured's Nationality of State +The Pensioner or Insured who loses his nationality shall be deprived of the pension or end - +of-service gratuity. Upon his death, his beneficiaries shall be paid their full shares in the +pension if they have the State's nationality. However, if the State's nationality is withdrawn +from them or they did not originally enjoy it, half their shares shall be paid to them. + + + + +Federal La w by Decree of 2023 Concerning Pension and Social Security 21 + " +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (30) +Exceptional Pensions and Bonuses +1. It is permissible, by a federal decree or a Cabinet resolution, to grant exceptional pensions, +pension increases, or rewards to the insured persons whose service ends for any reason, or to +pensioners or their beneficiaries, or to other than the aforementioned na tionals who have +performed great services for the State, or to the families of those who die in an accident that +is considered a public disaster. +2. The provisions of this Law by Decree apply to these exceptional pensions and bonuses, +without prejudice to what is stipulated in the decree or decision granting the pension or +bonus, as the case may be. +3. The Government shall bear the cost of exceptional pensions and bonuses to the GPSSA, +provided that they are determined according to actuarial principles rega rding which a +decision shall be issued by the Minister. + + +" +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (31) +Exchange of Insurance Benefits +The Cabinet may, based on the BOD recommendation, shall establish a system for exchanging +insurance benefits between the GPSSA and the pension and retirement funds operating in the +State. + +" +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (32) +Judicial Enforcement Officers +GPSSA's employees who are designated by a resolution issued by the Minister of Justice, in +agreement with the Minister, shall have the capacity of judicial enforcement of ficers with +respect to crimes that fall within their jurisdiction and are related to the duties of their jobs. + + + +Federal La w by Decree of 2023 Concerning Pension and Social Security 22 + " +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (33) +Penalties +Without prejudice to any severer penalty stipulated in any other law, the penalties stated in +the following Clauses shall be imposed as punishment for the crimes referred to therein. +1. A penalty of imprisonment and/or a fine not exceeding fifty thousand (50,000) AED +shall be imposed on anyone who intentionally gives incorrect data or intentionally +refrains from gi ving the data stipulated in this Law by Decree or in the decisions or +regulations implementing it with the intention of unlawfully obtaining funds from the +GPSSA. The same penalty shall be imposed on anyone who intentionally gives incorrect +information tha t would lead to failure to fulfil the GPSSA's dues in full. In all cases, the +court shall order the return of the amounts unlawfully disbursed or the refund of the +amounts owed to the GPSSA. +2. Every Employer in the Private Sector subject to the provisions of this Law by Decree shall +be punished with a maximum fine of fifty thousand (50,000) AED for each employee on +whose behalf it has not subscribed to the GPSSA. The same penalty shall be imposed on +every Employer who charges its employees with any share in s ubscriptions or any +amounts not stipulated in this Law by Decree, and the court rules of its own accord to +obligate the violating Employer to pay the employees the value of the subscriptions +incurred thereby, and the fine shall multiply according to the nu mber of employees +against whom the violation occurs. +3. All additional amounts, fines, and amounts awarded for violating the provisions of this +Law by Decree shall be transferred to the GPSSA. + +" +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (34) +GPSSA's Dues +1. The GPSSA has the right to deduct an y amounts unlawfully disbursed to the beneficiary +from the shares of the other beneficiaries as of the date of knowledge of the incident that led +to this, and in proportion to what each of them is entitled to the others, without prejudice to +the right of t he remaining beneficiaries to claim against the person who spent those amounts, +Federal La w by Decree of 2023 Concerning Pension and Social Security 23 + each according to the amount of his share in the pension. +2. The amounts owed to the GPSSA pursuant to the provisions of this Law by Decree have a +lien on all of the debtor's f unds and have priority over all debts, and the GPSSA has the right +to collect them in accordance with the legislation regulating this matter. +3. The Employer's dissolution, liquidation, closure, bankruptcy, merger with another entity, +transfer by inheritan ce, bequest, gift, sale, assignment, or any other disposition does not +prevent fulfilling all the GPSSA's dues, and the Employer shall be jointly responsible with the +former Employer for implementing the obligations owed to the GPSSA. +4. The joint liabilit y of the heirs or legatees shall be within the limits of what is transferred to +them from the estate in the event of the Employer's transfer by inheritance or bequest. + +" +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (35) +Appeals and Disputes +1. The Insured, Pensioner, beneficiary, or any interested party may not file a lawsuit to claim +any of the rights stipulated in accordance with the provisions of this Law by Decree except +after claiming them from the GPSSA within five (5) years as of the date on which they are due. +2. Claiming any of t he rights established pursuant to this Law by Decree shall be considered a +claim for other rights, and the period referred to in Clause No. (1) of this Article shall cease for +all beneficiaries if one of them submits this request, and it shall cease for th ose who lack full +and partial legal capacity if there is no one legally representing them. +3. The lawsuit referred to in Clause No. (1) of this Article may not be accepted before the +decision issued by the GPSSA is appealed before the committee formed in a ccordance with +the provisions of Clause No. (4) of this Article no later than thirty (30) days as of the date of +issuance of this decision. +4. A committee shall be formed to consider grievances and the rules for adjudicating them +shall be determined by a d ecision issued by the Chairman of the BOD after the approval of +the BOD. +5. The request or grievance stipulated in this Article must be decided upon within thirty (30) +days as of the date of its submission. The expiry of this period without issuing a decis ion on +the request or grievance is considered a decision of rejection. +Federal La w by Decree of 2023 Concerning Pension and Social Security 24 + 6. It is not permissible to file a lawsuit requesting an amendment to the rights stipulated in +this Law by Decree after the expiry of one year as of the date of notification of the fina l +entitlement to the pension or as of the date of disbursement for the remaining rights, with the +exception of cases of re -settlement of rights in excess as a result of a settlement made based +on a law or a final court judgment, as well as material errors of calculation upon settlement. + +" +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (36) +Expiration of Employer's Right +The employer's right to recover the amounts paid in excess shall forfeit two years after the +date of their payment without the GPSSA requesting them. + +" +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (37) +Exemption fro m Judicial Fees +Lawsuits filed by the GPSSA, the Insured person, the pensioner, or his beneficiary in +connection with the application of the provisions of this Law by Decree shall be exempted +from judicial fees at all levels of litigation. These lawsuits s hall be considered on an urgent +basis, and the court may in all cases rule with expedited enforcement and without bail. In the +event of the lawsuit being rejected, it may rule against the party filing it to pay all or some of +the expenses. + +" +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (38) +General Provisions +1. The periods stipulated in this Law by Decree shall be calculated according to the Gregorian +calendar. +2. The Insured regarding whom a federal decree has been issued to be treated in his +occupation as a minister, as well as anyone in the same rank of a minister, shall be subject to +the provisions of article (20) of this Law by Decree. +3. The BOD may determine special rules for collecting subscriptions and any amounts owed +to the GPSSA, including all or some of them in instalments. +Federal La w by Decree of 2023 Concerning Pension and Social Security 25 + 4. The additional amounts stipulated in this Law by Decree shall be included within the +GPSSA's revenues. +5. The provisions of the aforementioned Law No. (7) of 1999 shall not apply to those included +in the provisions of this Law by Decree. +6. As an exception to the provisions of article (2) of this Law by Decree, the provisions of +Articles Nos. (6), (27) and (35) thereof shall apply to those subject to the provisions of the +aforementioned Federal Law No. (7) of 1999. +7. The Insured who receiv es unpaid leave may request the continuation of his subscription +for the leave period in exchange for paying the prescribed subscriptions in accordance with +the provisions of this Law by Decree, and in accordance with the rules and conditions +determined by the BOD, in the following cases: +a. If the Insured is a student enrolled in one of the recognised educational institutions +in accordance with the legislation in force in the State and the leave is for the +purposes of completing his postgraduate studies, prov ided that this period does not +exceed three (3) years for the master's degree and the same for the doctoral degree. +b. If the insured woman takes leave for the purposes of caring for her children, for a +maximum of three (3) consecutive or intermittent years. + +" +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (39) +The subscription amounts due to be paid to the GPSSA shall be payable as of the date of the +Insured's appointment with the employer, provided that they are paid in full to the GPSSA as +of the first of January of the year 2024 AD. The Employe r shall not bear any additional amount +as a result of delaying the payment of these subscriptions during the period from the effective +date of this Law by Decree until 31 December 2023. The BOD may set controls for paying +these subscriptions in instalments , provided that the instalment period does not exceed ten +(10) months. + + + + +Federal La w by Decree of 2023 Concerning Pension and Social Security 26 + " +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (40) +1. The GPSSA shall set the executive rules and conditions for employers, self -employed +workers, and self -employed persons to benefit from this Law by Decree, and a decision to this +effect shall be issued by the Minister after the approval of the BOD. +2. The GPSSA shall establish the executive rules for applying the provisions of the ""System for +Extending Insurance Protection to GCC Nationals Working Outside their Cou ntries in any of +the other GCC States"", and a resolution to this effect shall be issued by the Cabinet based on a +proposal from the Minister after the BOD's approval. + +" +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (41) +The Cabinet may, based on the BOD recommendation, issue resolutions related to amending +the conditions for benefit, entitlement, and pensions established under the provisions of this +Law by Decree, in a manner that achieves the interest of the Insured, Pensioners, and their +beneficiaries, including adding any o ther categories to the beneficiaries of the pensioner. The +resolution shall specify the terms and conditions for benefiting from these resolutions. + +" +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (42) +Executive Resolutions +The Minister shall issue the necessary regulations and resolutions to implement the +provisions of this Law by Decree, and he may amend the Table of Occupational Diseases and +the Table on the Estimation of the Degree of Disability in the Case of Loss of Organs attached +to the provisions of this Law by Decree, i n accordance with the legislation in force in the State. + +" +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (43) +Repeals +Any provision that violates or contradicts the provisions of this Law by Decree shall be +repealed. + + +Federal La w by Decree of 2023 Concerning Pension and Social Security 27 + " +family and community,Federal Law by Decree No. (57) of 2023 Concerning Pension and Social Security,"Article (44) +Publication and Entry Into Force of Law by Decree +This Law by Decree shall be published in the Official Gazette and shall enter into force as of +the date of its publication. + + + + + + + + + + + + + + + + +Mohammed Bin Zayed Al Nahyan +President of the United Arab Emirates +Issued by us at the Presidential Palace - Abu Dhabi +On: 17 Rabi' I 1445 H +Corresponding to: 02 October 2023 + + +Federal La w by Decree of 2023 Concerning Pension and Social Security 28 + Annex 1 + + SN Disease Disease -causing Work +1 + Poisoning by lead and its +compounds + Any work that requires the use of lead or +doing work that is related to lead or the +compounds containing lead. +2 + Poisoning by mercury and +its compounds + Any work that requires the use of mercury or +doing work that is related to mercury or the +components containing mercury, in addition +to any work that requires exposure to dust or +gases of mercury or its components or +materials containing mercury. +3 + Poisoning by arsenic and +its compounds + Any work that requires the use of arsenic or +doing work that is related to arsenic or the +components containing arsenic, in addition +to any work that requires exposure to dust or +gases of arsenic or its components or +materials containing arsenic. +4 + Poisoning by antimony +and its contents + Any work that requires the use of antimony +or doing work that is related to antimony or +the components containing antimony, in +addition to any work that requires exposure +to dust or gases of antimony or its +components. +5 + Poisoning by phosphorus +and its compounds + Any work that requires the use of +phosphorus or doing work that is related to +phosphorus or the components containing +phosphorus, in addition to any work that +requires exposure to dust or gases of +phosphorus or its components. +Federal La w by Decree of 2023 Concerning Pension and Social Security 29 + 6 + Poisoning by petroleum +and its similar products, +gases, or its various +compounds and +derivatives + Any occupation that requires use or handling +of petroleum or doing work that is related to +petroleum or the compounds containing +petroleum, in addition to any work that +requires exposure to these materials whether +in solid, liquid or gaseous form, or exposure +to its dust or gases. +7 + Poisoning by manganese +and its compounds + Any work that requires the use of manganese +or doing work that is related to manganese or +the components containing manganese, in +addition to any work that requires exposure +to dust or ga ses of manganese or its +components or products containing mercury. +8 + Poisoning by sulphuric +metal and its compounds + Any work that requires the use of sulphuric +metal or doing work that is related to +sulphuric metal or the components +containing sulphuric metal, in addition to any +work that requires exposure to dust or gases +of sulphuric metal or its components or +materials containing sulphuric metal. +9 + Poisoning with chloroform +or carbon tetrachloride + Any occupation that requires use of +chloroform or carbon tetrachloride or doing +work that is related to chloroform or carbon +tetrachloride, in addition to any work that +requires exposure to gases containing them. +10 + Diseases caused by rad ium +or x -ray reflective +materials + Any occupation that requires exposure or +radium or any other radio -active substance or +x-rays. +11 Incurable skin diseases, Any work that requires the use or handling of +Federal La w by Decree of 2023 Concerning Pension and Social Security 30 + skin and eye burn + tar or coal tar equipment, mineral oil, +kerosene, cement, or flour, or similar dust or +any of their compounds, products or +residues. +12 + Effect on the eye due to +heat and light and their +effects + Any occupation that requires recurrent or +continuous exposure to reflection of light, +heat or radiation emitted by molten glass, hot +or molten metals or exposure to powerful +light and high temperature that could cause +harm to eye or sight. +13 + Diseases resulting from +exposure to: +1. Silicon dust. +2. Asbestos dust. +3. Cotton dust. +4. Any other dust that may +cause lung injury. + Any work that requires exposure to silicon +dust or any materials containing silicon with +a concentration of more than five percent +(5%), such as work in mines, quarrying, rock +sculpting or breaki ng, rock cement factories, +sandblasting of metals or any other work that +requires a similar exposure, as well as any +work requiring exposure to asbestos or +cotton dust to such an extent as to cause such +a disease. +14 + Anthrax + Any work that requires contact with animals +affected by such a disease and by swelling, or +with their skins, horns and hair. +15 + Ascites disease + Any work that requires contact with animals +affected by such a disease. + +16 + Pulmonary Tuberculosis + Any occupation in hospitals providing +treatment to patients affected by this disease. +17 + Enteric Fever + Any work in hospitals specialised in the +treatment of this fever. +Federal La w by Decree of 2023 Concerning Pension and Social Security 31 + +Annex O + +SN Disease Percentage +1 Loss of right hand fingers including thumb 60 +2 Loss of left arm from above or below the elbow 50 +3 Loss of the left hand fingers including thumb 50 +4 Loss of one leg below the knee 50 +5 Total or permanent loss of hearin g 50 +6 Loss of tongue or permanent dumbness 45 +7 Loss of both feet from the ankle or below 45 +8 Loss of genital organ 45 +9 Loss of sight of one ey e 45 +10 Loss of right hand from the wrist 38 +11 Loss of thumb or four fingers of the right hand 35 +12 Loss of left hand from the wrist 34 +13 Loss of the thumb or four of the left hand +fingers 25 +14 Loss of one foot from the ankle or below 20 +15 Loss of all toes of one foot including the big toe 20 +16 Loss of three of the right hand fingers excluding +the thumb 15 + +17 Loss of the index finger of the right hand 15 +18 Loss of the phalanges joint of the right hand +thumb 10 +19 Loss of the index finger of the left hand 10 +20 Loss of three toes excluding the big toe 10 +21 Loss of the big toe 10 +22 Loss of the last phalanges joint of the left foot 6 +Federal La w by Decree of 2023 Concerning Pension and Social Security 32 + big toe +23 Loss of the right hand middle finger 6 +24 Loss of the left hand middle finger 6 +25 Loss of the right hand annular finger 6 +26 Loss of the left hand annular finger 6 +27 Loss of the right hand auricular finger 6 +28 Loss of one finger of the left hand 6 +29 Loss of the phalanges joint of any finger +excluding the thum b 5 + +30 Loss of the right hand index finger second joint 5 +31 Loss of the foot toes excluding the great toe 5 +32 Loss of one molar tooth 3 +33 Loss of one canine toot h 2 + + " +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (1) + The provisions of the attached law regarding Pensions & Social Security shall be put into +force. + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (2) +This law shall replace the aforementioned Federal Laws Nos.: (13 ) of 1974, (14) of 1974, (2) +of 1983 and (1) of 1984. +The private sector employers and their national employees, who are not subject to other +pension and social security laws of the State, must subscribe to the Authority according to +the provisions of this Law. + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (3) +The Authority shall set up the executive rules and conditions for the benefiting from this +Law by employers as well as persons working for then- own account and free -lance +professionals and a decision shall be issued in this regard by th e Minister after the approval +of the Board of Directors. + +Article (3) BIS +The Authority shall establish the executive rules of applying the provisions of ""regulation of +extending security protection to the nationals of the GCCC outside their countries in anyone +of the other GCCC"" and also establish the regulation of exchange of benefits betwe en the +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 3 + pension funds operating in the country and this shall be included in a resolution from the +Cabinet following the presentation of the Minister after obtaining the approval of the Board of Directors. + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (4) +Without prejudice to the provisions of article (20) of the attached Law, the pensions of the +insured persons, whose services terminated before the enforcement of this law, as well as +the pensions of those entitled on behalf of them shall be settled according to the pension +actually collected b y them or the pension due under the provisions of the attached Law +whichever is bigger. + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (5) +The regulations and decisions, issued in implementation of the provisions of the laws stated in article (2) hereof shall continue to be enforced in what d oes not contradict with its +provisions, pending issuance of the decisions and regulations implementing it . + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (6) +The Minister of Finance and Industry shall issue the regulations and decisions necessary for implementation of the provisions of this law. + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (7) +Each provision violating or contradicting with the provisions of this law shall be cancelled. + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (8) +This law shall be published in the official Gazette and it shall be put into force after two +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 4 + months from the date of its publishing , but for the private sector, it shall be enforced after six +months from the date of its publishing. + +Zayed Bin Sultan Al Nahyan +President of the United Arab Emirates +Promulgated by Us at the Presidential Palace in Abu Dhabi +Dated: 1st Dul Qa'eda, 1419 Hij ri +Corresponding to: 16 February, 1999. + +PART ONE +DEFINITIONS +Article (1) +In the implementation of this law, the following words and phrases shall bear the meanings +ascribed to them herein, unless otherwise stated: +State : The United Arab Emirates +Authority : The General Authority for Pensions and Social Insurance +Board of Directors : The Board of Directors of the Authority +Employer : a. In the Government Sector: +The federal government bodies, the public institutions, the +general establishments, the general companies and the banks +in which the federal government contributes, in addition to the local government bodies which the government of the +emirate desires to s ubjugate to this law. +b. In the Private Sector: +Every normal or juridical person employs UAE employers +for a salary of whatever kind. +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 5 + The Insured + : Every UAE national for whom these articles of the law are +applicable. +Subscription +Period : The duration of service for which the insured person +deserves a pension or remuneration according the +conditions and pursuant to the law. +Pensioner : Everybody whose service has terminated and deserves a +pension according to the provisions of the law +Pensioning off age : The age of sixty +Pension : The amount of money which becomes regularly payable +by the Authority every month to the pensioner or to the +pensioner's deserving persons as per the articles of the law +The deserving +person : Every person who deserves a portion in the pension due the death of the insured person or the pensioner. +The term of service : Every term of service the insured person spent working and during which he has been subject to the pensions +system, as well as t he terms he may add together as per +the provisions of the law. +Work injury : The injury caused by an accident during performance of work or caused by it or infected by work related diseases, +and the death caused by stress or exhaustion of work +shall be considered work injury whenever the rules and +requirements of the minister's dec ision are met by an +agreement with the minister of health, and the injury shall +be considered work injury when an accident takes place +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 6 + to the insured person while going to or coming back from +work. +Work related +disease : The disease which spreads increasingly among people of +the same occupation or different occupations, as stated in +table No (1) annexed to Federal Law No (8) of 1980 +referred to herein. The percentage of the disability caused +by work related disease shall be estimated by the +concerned medical committee, and the disease shall be +deemed as an occupational disease if the insured person +is infected while doing his/her work or within one year +from the date of leaving work. +The Injured : Every injured person suffering a work related injury +The p atient : A person who gets sick or has an accident shall not be considered work related injury. +Total disability : Every disability which prohibits the insured person from performing any occupation or job whethe r totally or +permanently to earn a living, and that should confirmed +by a decision from the concerned medical committee after +stability of the condition, including complete loss of sight, +or loss of the two arms or legs or loss of an arm and a leg +and case s of mental diseases, or chronic and incurable +diseases which are specified by a decision from the Minister of Health. + +Partial Disability : Every disability wh ich may permanently affect the ability +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 7 + of the insured person to perform his/her job in his/her +original occupation or earn a living generally, and the said disability should be caused by a work related injury by a +decision from the concerned medical commit tee after +stability of the condition, as stated in table No (2) annexed herein, which explains the degrees of disability +in cases of organic loss, if the disability is not as stated in +the table herein, then the percentage of disability of the +injured pers on to earn a living shall then be estimated by +the medical committee provided that the percentage of the injury is mentioned in the report of the medical committee referred to. And if the disability does have +special effect on the ability of the injured pe rson to earn a +living in his/her original occupation, then the job which +the injured person does should be mentioned in details +explaining the mentioned in details explaining the effect +of that with regard to increasing the degree of disability in +those ca ses from the percentage referred to in table No +(2) herein. +Natural death : the death which is not caused by work related injuries +The concerned +medical Committee : The medical committee on whose report basis the +decision of the Minister of Health is is sued +The Subscription +Account Salary : a. As for the government sector: +The basic salary of the injured Person added to it the monthly +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 8 + allowances given to him/her as follows: +Living e xpense allowance, social allowance for children, social +allowance for UAE nationals and accommodation allowance +allocated for his/her grade, and the accommodation +allowance shall be estimated on monthly basis by dividing it +to the number of the months of y ear, provided that the salary +of the injured person should not exceed the subscription calculation salary of the Minister. +b. As for the prime Minister, and his deputy, the Ministers +and those in their grades: +The basis salary added to it housing allowance and the other +monthly and annual allowances, and the annual allowances shall be estimated by dividing them into the months of year. +c. As for the President of the Federal National Council: +The salary of the subscription calculation for the Minister, and +member of the federal national council shall receive +membership reward. +d. As for the Private Sector: +The wage specified by the employment contract, and if the +wage is less than Dhs 1000 ( one thousand dirhams) monthly, this last limit shall be taken into c +onsideration upon +application of the rules of this law, and if the salary exceeds +fifty thousand Dirham Dhs. 50,000 this limit shall be +considered only. +Following the approval of the Board of Directors, the minister +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 9 + may amend the minimum and maximum limit depending on +the financial situation of the authority. +The pension account +salary : a. In the Government Sector: the average subscription +account salary for the three final years of the insurance subscription period or the entire subscription period if it +is less than that. +b. As for the prime Minister, his deputy, the Ministers and +those at the same level: the subscription account salary. +c. As for the President of the Federal National Council: the +subscription account salary of the minister, the membersh ip +gratuity for the members of the Federal National Council. +d. In the Private Sector: the average of the subscription +account salary for the last five years of the insurance +subscription period or the entire subscription period if it is +less. + +PART TWO +SUBSCRIPTIONS FOR THE INSURED PERSONS +Article (2) +Contributions for the insured include the following: +1. The monthly contributions paid by the insured, which are deducted at the rate of +(5%) from the contribution account salary. +2. The monthly contributions paid by the employer at the rate of (15%) of the +contribution account salary for the insured employees thereof. As for the employer +in the private sector, the government shall bear a rate (2.5%) of its share in +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 10 + contributions, whic h is paid to the GPSSA in the form of support to encourage the +employee to hire citizens. The Cabinet may amend or cancel this rate and set all +conditions and controls related to the government bearing this rate according to +what the Cabinet deems appropriate. +3. Additional amounts due because of late payment of contributions . + +PART THREE +CHAPTER ONE CALCULATION OF SECURITY SUBSCRIPTION PERIOD +Article (3) +The calculation of the Security subscription period shall include the period of service stated +in the pension laws, referred to in article (2) of the law of issuance as well as the service +periods spent by the insured person with an employer who is subject to the provisions of this law as well as all types of leave periods and the added periods. However, f ollowing +periods must not be included in the calculation of the subscription period: +1. Periods of suspension from work without pay or absence periods for which the insured person shall be deprived of his salary. +2. The pervious periods for which the insur ed person was deprived from his salary or +remuneration by a disciplinary decision or a judicial award. +3. The periods which cannot be included according to the provisions of this Law. + +Article (4) +The following periods which the insured person requests th eir inclusion shall be added to +the current period considered in the pension or the bonus: +1. The former service period in the Government sector. +2. The former service period in the private departments which apply retirement regulations. +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 11 + 3. The period of m ilitary service. +4. The former service period with any employer who is subject to the provisions of this Law. +5. The service period referred to in the foregoing paragraphs (1, 2, 3 and 4), prior to +acquisition of the nationality of the State. +6. The former service period in the Development Council or in Kuwait Office. +7. The former service periods at any entity approved by the Board of Directors. + +Article (5) +To add the terms of service referred to in the previous article, the following condit ions must +be met: +1. The insured person must express in writing his /her desire to add the said terms before +the end of his service, provided that the necessary certificates and documents are +attached to the application. +2. The required previous terms to b e added must not have ended because of any reason of +total deprivation of the pension or reward. +3. The terms to be added must not be temporary or include daily -paid work or a training +period prior to appointment. +4. The insured person must pay his own share and the share of his employer for the period +to be added according to the subscription account salary on the date of addition in one +installment. Payment may also be made in monthly installments of not less than one +quarter of the salary, provided that the duration of payment does not exceed the date +the insured person reaches the age of sixty. In all cases, full costs for addition must be +paid before the end of service. +5. If the service of the insured person ends because of death, the commitment to pay th e +installments shall end if the amount he has paid reaches 50% of the total payable +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 12 + amount. If the paid amount is less than 50%, the remaining percentage shall be paid +from the pensions of his beneficiaries. + +Article (6) +The service period, prior to benef iting from he provisions of this Law in respect of citizens +employed with local government authorities which the government of the concerned emirate requests them to be subjected to this Law within the period of subscription to this +security system from th e date of employment up to the date of enjoying the benefits of its +provisions, provided that said authorities shall bear payment of the total share of +subscriptions indicated in article (2) of this Law pertaining to the share of the employer and +the insur ed person according to the salary of the subscription account at the date of +enjoying the benefits of its provisions. The payment method shall be decided by a decision from the Minister. + +Article (6) BIS +The Cabinet may, based on the recommendation of the GPSSA Board of Directors, issue a +resolution by virtue of which it entrusts the Emirates Investment Authority to invest the contributions stipulated in this Law or part thereof, within the limits and in accordance with +the rules, conditions and controls s pecified by this Resolution. + +Article (7) +If the insured person acquires the nationality of the State during his service with authorities subject to the provisions of this Law, his service period prior to obtaining the nationality shall be included in the pension or bonus account, provided that he shall bear his share and +that of the employer for this period as regards the subscriptions mentioned in article (2) of +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 13 + this Law, and the salary of the subscription account at the date of acquiring the nationality. + +Article (8) +Employers who are committed to better end of service bonus systems shall bear the excess +value of the difference between what they used to bear under said systems and the end of +service bonus which is calculated according to the provisions o f this Law and also the bonus +deserved for the difference between the salary of the maximum limit of the subscription of the private sector to this security and the salary for computation of the bonus in their +systems if it is higher. Such excess shall be calculated for the entire service of the insured +persons whether including the periods of service prior or subsequent to subscription to the +Authority and it shall be paid to the Authority within one month from termination of the +insured persons service in full and it is to be paid to the insured or entitled persons on +termination of the service. + +CHAPTER TWO + RULES OF COMPUTING SUBSCRIPTIONS ACCOUNT +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (9) +Subscriptions shall be payable for the following periods according to the rules and provisions shown against each: - +1. Periods of foreign secondment without pay or private leaves: The insured person must pay to the Authority his share in the subscriptions and the share of his employer in one payment within one year from the end of the secondment or leave. However, he may pay +them in installments throughout a period equal to that of the leave or secondment under the +approval of the Authority's Director. +2. Private leaves for a spouse accompanying the other: +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 14 + (a) If the private leave is for accompanying a diplomat, the Government sector shall pay his +share and that of the insured person. +(b) If the private leave is for accompanying a person sent on a scholarship, the Government +sector shall pay his share and that of the insured person. +(c) If the private leave is for accompanying an insured person employed with the private sector the insured person shall bear his share and that of the employer. However, the +insu red person shall pay to the Authority the amounts due in one installment within one +year from the date of expiry of the leave. He, may also pay the amount in installments in a duration equal to the period of the leave. +3. Periods of academic leaves without pay: The employer in Government sector shall +undertake to pay his share in the subscriptions on regular dates, while the insured person shall undertake to pay his share in the manner stated in Paragraph (1). With regard to the +private sector, the insured person shall bear the two shares in this case. +4. In -house secondment: The secondee authority, if it pays the salary, shall bear the +employer's share in the subscriptions and the insured shall pay his share. However, the +shares shall be paid to the Authority on the regular dates based on the salary of the insured +person at the seconding organization. +5. Periods of sick leave: The insured person shall pay his share based on the actual salary +received by him for it, while the employer shall pay his share acco rding to the full salary +whether the leave is with or without pay. + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (10) +A. The subscriptions paid by the employer in the private sector and those which are deducted from the salaries of the insured persons employed by him during one calendar +year shall be computed according to the salaries received by them in January of each year. +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 15 + B. Employees who join the service of the private sector after January, shall have their +subscriptions computed according to the salary of the month in which they joined the +service up to January next and thereafter they shall be treated on the basis shown in the +foregoing paragraph. The subscriptions shall be computed in full for the month on which the +service starts, and they are not payable for the part of the month on which the +service ends. +C. The subscriptions paid by the employer in Government sector and those deducted from +the salaries of the insured persons shall be computed according to the salary paid every +month. + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (11) +1. The employer in the private sec tor must submit to the Authority in January of each year +details of the salaries of his employees for said month together with their monthly subscriptions and he shall monthly furnish the Authority with any changes in the number +and salaries of his employe es on the forms defined by the Authority and such details must +comply with the books and records maintained by the employer according to the Labour Law. +2. If the employer does not submit the details provided for in the foregoing paragraph +according to the decided conditions, situations and timeframe according to the payable +subscriptions shall be computed as per the last statement submitted to the Authority pending calculation of the actual subscriptions. +3. In case the details are not provided or if those provided are not in conformity with the +reality, or if records and documents which must be maintained by the employer according to +the provisions of this Law are unavailable, the calculation of the subscriptions shall be made +according to the Authority's decision as per the outcome of its investigations. +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 16 + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (12) +The private sector employer must register his employees who are subject to the provisions +of this Law with the Authority within one month maximum from the d ate of their joining the +service. The employer must furnish the Authority with the names of his employees whose services are terminated within one month at most from the date of service termination. + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (13) +Subscriptions are payable at the beginning of the month following the maturity month. +However, they can be extended to the fifteenth day of said month. These subscriptions are +nonrefundable. + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (14) +The employer shall undertake to pay his share and that of the insured person in the +subscrip tions due to the Authority and in case Payment is deferred, he shall be forced to pay +an additional amount of (0.1%) of the due subscriptions for each day of delay without need +for warning or notice. The Board of Directors shall determine the cases and con ditions of +exemption from this additional amount + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (15) +The private sector employer who does not deduct subscriptions from all or some of his +employees, or does not pay subscriptions according to actual salaries shall undertake to pay +an additional amount of (10%) of the due subscriptions without need for warning or prior +notice. + +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 17 + CHAPTER THREE +ENTITLEMENT TO OLD AGE, DISABILITY & DEATH PENSION +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (16 ) +The pension shall be payable in the following cases: +1. End of the service of the insured pe rson because of death or total disability. Such +disability shall be confirmed by the medical committee. +2. End of the service of the insured person in the government sector for health unfitness. +Such unfitness shall be confirmed by the medical committee. +3. End of the service of the insured person in the private sector due to health reasons which +shall threaten his life if he continues his job, provided that the decision of the medical +committee is prior to the date of the service end. +4. End of the service of the insured person because of the company dissolution, bankruptcy +or liquidation, provided that his period of subscription to this insurance is 15 years at +least. +5. End of the service of the insured person because he has reached pensioning off age if his +insurance subscription period is fifteen years at least. +6. End of the service of the insured person because of termination of service or pensioning off by a disciplinary decision or judicial ruling if his insurance subscription period is +fifteen years at least. +7. End of the service of the insured person because of resignation if his insurance subscription period is twenty years and he has reached fifty five years of age at least. +8. End of the service of the insured woman, whether she is married, divo rced or a widow, +due to resignation if she has children under eighteen years of age if the period of her +subscription to insurance is twenty years. +9. End of the service of the insured woman if her period of subscription to insurance is +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 18 + twenty years and sh e has reached fifty years of age or more. +10. End of the service of the insured person by a federal decree or by a local decree provided +that the treasury of the concerned Emirate government bears the actual costs incurred as +a result, and the president sh all issue a resolution on the methods of calculating the said +costs. +11. End of the service of the insured person for reasons other than those stated in the +previous articles if the period of his subscription to insurance is twenty years at least. +In all cases, the retirement pension shall not be paid to the insured persons whose services have ended by resignation unless they reach fifty years of age, provided that this provision +applies first to those who reach forty years of age on the date of app lication of this law. This +age shall then be increased year after year till it reaches fifty. +The retirement pension shall be calculated in the cases stated in article (1, 2, 3, 4, 5, 6, 10) on +the basis of subscription period of fifteen years, or the actu al subscription period, whichever +is longer. Three considerable years or a period complementary to the age of sixty, whichever +is less, shall be added to the period of subscription calculated in the insurance in the case +where the service ends because of d eath or total disability. +The retirement pension shall also be calculated in the remaining cases on the basic of an actual period of subscription of not less than twenty years. +In the event that a pensioner pensioned off on retirement due to lack of health fitness or +health disability returns to work, the pension assessed for him due to such reason shall be +cancelled, and the remaining provisions of the law shall apply. + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (17) +The insured person may request to buy a considerable term of service to b e added to the +actual term of service according to the following conditions: +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 19 + - The insured person must express his desire in writing to buy the said period prior to the +end of his service. +- He must have spent a period of twenty years at least. +- The perio d to be bought must not exceed five years for the insured man or ten years for the +insured woman. +In all cases, the insured person shall bear his share and the employer's shares for the period +to be bought, as per the subscription account salary on the dat e of applying for purchase, +provided that payment is made in one or more installment, and that the period of installment does not exceed the date when the insured person reaches sixty years of age. +In all cases, the full costs of purchase must be paid befo re the end of service. In the event +that the insured person dies, the installments shall continue to be collected from the pensions of his beneficiaries. + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (18) +If a court decision is issued considering the insured person missing, the persons entit led on +behalf of him shall be paid a temporary monthly pension equal to their pension entitlement +on assumption that his death occurred during the service. If it is discovered thereafter that +the missing insured person is alive, payment of the pension to b eneficiaries shall be +suspended and his status shall be adjusted in the light of the result of legal investigations. If +it is demonstrated that the insured person's situation is unlawful, the Authority shall have +the right to recourse to him for the amount s previously paid. If his situation is proved to be +sound, a clearance shall be made between his dues and the amounts paid to the persons entitled on behalf of him. +However, if his dues exceed the amount paid to them, the difference shall be paid to him. + +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 20 + " +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (19) +If the insured service is terminated due to death or total disability as a result of a +work -related accident in both cases, the pension shall be settled on assumption that the +period of his subscription reached thirty -five years. + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (20) +The pension shall be computed on monthly basis at the rate of 60% of the pension account +salary for the subscription periods calculated in the security system which amounts to +fifteen years and it shall be increased by (2%) for every year exceeding said period up to a +maximum of 100% of the pension account salary. +If the service period exceeds thirty -five years, the insured person shall be granted bonus for +the excess period equal to the salary of three months for each year to be calculated as per +the sa lary of the pension account +It is to be taken in consideration with regard to the insured person in the private sector, that the last salary of the pension account must not be more or less than 20% of the average +salary of the subscription account in the p receding four years or the actual subscription +period, if it is less. + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (21) +Without violating the provisions of article No (19) of this Law, (10%) shall be deducted from the entitlement of the insured person to whom either of clauses (6 or 11) of article (16) of +this law shall be applied, provided that his term of service has not reached twenty five years. + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (22) +In the computation of the subscription period, the part of the month shall be considered one +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 21 + whole month. + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (23) +In the Government sector, the pension of the insured person who is in Grade Four of the +Third Link and above or its equivalent, must not be less than Dhs. 3,750 (three thousand +seven hundred fifty Dirhams) monthly nor shall the retirement pens ion of the insured +person in other grades or their equivalent be less than Dhs. 2,500 (two thousand five hundred Dirhams) monthly. + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (24) +The minimum share of those entitled on behalf of the insured person shall be as follows: +800 Dirahms for the w idow or entitled husband. +600 Dirhams for each parent. +400 Dirhams for each one of the other entitled persons. +If the share of any entitled person is less than the minimum, his share shall be computed +according to the pension account salary, provided that the total of the shares shall not +exceed this salary. In case of refunding the pension of to one of the entitled persons to a +third party, the refund shall be made according to his share prior to increasing it to the +minimum. + +CHAPTER FOUR + ENTITLED PERSO NS & CONDITIONS OF THEIR ENTITLEMENT +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (25) +The insured person's right to pension shall commence on the day following termination of +his service and it shall be suspended on his death unless there are other entitled persons, in +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 22 + which case the right to the pension shall be transferred according to the provisions of this +Law. +However, the right of the persons entitled on behalf of the insured person or pensioner to +the pension shall commence at the beginning of the month following the date of death. + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (26) +Without prejudice to the provisions of the following Articles, the right to pension shall be +transferred after the death of the insured person or pensioner to the persons mentioned in +Schedule (1) which is attached herewith. + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (27) +If the wife dies or marries on or after the death of the insured person or pensioner, her share +shall be transferred on equal basis to her sons and daughters from him who are entitled to +pension. However, if none of them is existing, her share shall be transferred, on equal basis, +to the widows of the insured person or pensioner who are existing at the time of her death +and if one of them is not existing, her share shall be transferred to the Authority. + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (28) +If the sons and daughters of the son lose their father to death while his father is still alive and +they have no pension on behalf of their father, the share of their father shall be transferred +to them on assumption that he is alive. +If the sons and daughters of the son lose their father to death after becoming entitled to +pension on behalf of his father, the share of their father in the pension shall be transferred to +them. +However, in both foregoing cases, the provisions of suspension of payment of the p ension +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 23 + to the entitled sons and daughters shall be applied + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (29) +The son's pension shall cease when he reaches the age of twenty one and, nonetheless, the +pension shall continue to be paid to him after reaching this age in the following cases: - +1. If he is unable to earn, until such disability vanishes. +However, such disability must be confirmed by a report from the competent medical board, +provided that the disability shall ascertained once every two years unless the said board +decides impossibili ty of his cure. +2. If he is a student payment shall continue up to the date of his joining work or his +practicing of a profession or up to the age of twenty eight whichever is nearest. +Payment of pension for a student who reaches the age of twenty eight, s hall be made during +he academic year and it shall continue up to the end of said year. + + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (30) +The widow's pension shall cease at her marriage and the pension of the daughter or sister shall cease at her marriage or when she joins work or practices a profession. However, the +pension shall be resumed for the daughter or sister if she is divorced or becomes a widow and has no salary or other pension or if she becomes jobless. + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (31) +If the daughter, sister or mother becomes a widow and if the son or brother becomes unable +to earn after the death of the pensioner and they have no other salary or pension, every one +of them shall be entitled to such portion of the pension on assumption of it being deserved +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 24 + at the date of the pensioner's death, pro vided that it shall not prejudice the rights of the +other persons who are entitled to pension. However, in the event of suspension or +withholding of pension from any one of them it shall not be refunded to any one else. + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (32) +The father shall be e ntitled to a share in his dead son's pension if they were dependent on +him when he was alive and this shall be verified according to the rules to be set out by the +Authority. However, the entitlement shall be according to the conditions and within the +limits stated in Articles (29) and (30) of this Law. + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (33) +The brothers and sisters shall be entitled to a share in the dead person's pension so long as +they were dependent on it in their living when he was alive and this must be proved +according to the rules set out by the Authority. +However, the entitlement shall be as per and within the limits stated in Articles (29) and (30) +of this Law. + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (34) +The mother shall be entitle d to a share in her dead son's pension if she is a widow or +divorced or her husband had been dependent on her dead son when he was alive and she has no salary or pension. + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (35) +The pensioner may not combine two pensions from the Authority, and in case he deserves +two pensions, he shall be paid the one that is more in value. He may not either combine his +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 25 + pension and any salary he receives regularly from any other body in the State. If the salary is +bigger than the pension, the payment of the pension shall be suspended until his +subsequent service ends, but if the salary is less, the difference shall be paid to him, and the +pension shall be re -paid upon the end of his service . + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (36) +By way of exception from the provisions prohibiting the comb ination of two pensions, or +the pension and the salary, combination may be permitted in following cases: +1. The cases of combining two pensions, or combining the pension and the salary, those +are previous to application of the provisions of this law. +2. If the total sum of the two pensions or the pension and the salary received by the +pensioner does not exceed nine thousand Dirhams, otherwise, his right shall be +restricted within the permitted limits. +3. If the pensioner has spent more than twenty five year s or more in the government +service for which he deserves a pension, he may combine this pension and any salary +regularly received from any body in the state whatever their collective amount may be, +with the exception of the two cases stated in clauses 6 and 11 of article (16) of this law, +to which the provision stated in clause (2) hereof shall be applied. +If the pension is payable to the widow of the pensioner, she shall have the right to combine +her salary, or her pension and the pension she deserves for her husband. + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (37) +1. In case of withholding the pension wholly or partially from one of the pensioner's children for any reason whatever, the withheld sum shall go to the rest of the sons as per +their shares before raising them to the minimum limit for beneficiaries stated in Article +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 26 + (24) of this law. If the reason for withholding ceases to exist, the pension of the said sons +shall be reduced by the value of the sum they have received because of withholding. +2. In the absence of other beneficiari es, the unpaid pension of the children shall go to the +pensioner's widow, provided in such case that the portion does not exceed three fourths +of the pension. If there is more than one widow, the whole pension shall be distributed +among them equally. + +PAR T FOUR +END OF SERVICE BONUS +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (38) +The insured person who is not entitled to a pension at the end of his service according to the +foregoing provisions, shall be granted a bonus as per the provisions of the following Articles. + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (39) +The insured person shall be entitled to a bonus at the rate of one -and -a-half month's salary +for every one of his first five years of subscription provided that his subscription period shall not be less than one year, then at the rate of two months salary for every one of the +following five years of subscription and thereafter at the rate of three months' salary for +every year in excess of that. + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (40) +In the computation of the period of subscription to the security system the part of the month +shall be considered one full month. + +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 27 + " +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (41) +The computation of the bonus shall be made according to the salary of the pension account +With regard to the insured person in public sector it is to be taken in consideration that the +last salary must not be more or less than 20% of the average salary of the subscription +account in the previous four years or the actual subscription period if it is less. + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (42) +In case of death of the insured person, the bonus due to him for his service period shall be +paid to the persons entitled on behalf of him according to the provisions defined for pension +in this law and as per the distribution inc luded therein and if no entitled persons are +available, it shall be distributed according to the inheritance provisions of the Islamic Law +(Sharia). + +PART FIVE +PENSIONS OF THE PRIME MINISTER, HIS DEPUTY & THE MINISTERS +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (43) +The prime Minister, his deputy and the ministers shall be entitled, at the end of the service in +the ministerial post, to a monthly pension according to the provisions of the following Articles. + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (44) +If the Prime Minister, his deputy or the minister remains in the ministerial post for two years, +the monthly retirement pension due shall be computed on assumption that his service +period reached thirty five years provided that the government treasury shall bear the +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 28 + subscription difference between the actual service per iod and the assumed one. + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (45) +If a former minister is appointed in any post governed by the provisions of this Law, he shall +be permitted to combine his salary for said post according to which the retirement pension +shall be calculated, with the pension due to him. + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (46) +Without prejudice to the provisions stated in this Part, the provisions of this Law shall apply +with regard to the Prime Minster, his deputy and the ministers. + +PART SIX +PENSIONS OF MEMBERS OF THE FEDERAL NATIONAL COUNCIL +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (47) +The Chairman and the two deputies of the Chairman as well as the two controllers and +members of the Federal National Council shall be entitled at the end of their membership +term in the Council to a monthly pension according to the provisio ns of the following +Articles. + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (48) +If the Chairman, the two deputies, the two controllers or the member of the Federal National Council spend in the membership a complete legislative Chapter, the insured person shall be +entitled to a pension to b e computed on assumption that the insured person's membership +period reached thirty five years provided that the government treasury shall bear the +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 29 + subscription difference between the actual service period and the assumed one. + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (49) +If the members hip is terminated due to health unfitness or death, the insured person or +those entitled on behalf of him, as the case may be, shall be entitled to a pension equal to +the membership bonus. + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (50) +It is permissible for the president, his deputies, the observer and the member of the Federal +National Council to combine the pension due to them as per the provisions of this law and +any other pension paid to them by any other body in the state other than the authority. They +may also combine their membership reward and any salary paid by anybody and the +pension due under the provisions of this law . + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (51) +The salary of the subscription account determined for each of the Chairman and the two +chairman deputies as well as the controllers and members of the Federal National Council, +shall be taken as basis for computation of the pension. However, the percentage provided +for in article (2) of this Law shall be deducted from said salary. + +" +family and community,Federal Law No. (7) OF 1999 issuing the Pensions and Social Security Law,"Article (52) +The provisions of this Part shall apply to the former Chairman and former members of the +federal National Council. + + +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 30 + PART SEVEN +LAPSE OR SUSPENSION OF THE RIGHT TO PENSION OR BONUS +Article (54) +The insured person or pensioner must not be deprived of the pension or bonus except by a +disciplinary decision and to an extent not exceeding one quarter of the pension or bonus. +No judgment may be issued depriving the pensioner according to the foregoing Article except for acts committed by him prior to termination of his service. +No ded uction may be made or sequestration levied on amounts due to be made, in +application of the provisions of this Law, to the owner of the pension or bonus or to the persons entitled on behalf of him except in payment of alimony adjudicated by a court or in +repayment of what may be owed to the government by the insured person for a reason +pertaining to the performance of his duties or in recovery of what was unlawfully paid to him. +However, what is deducted in said cases must not exceed one quarter of the pens ion and in +case of competition priority shall be given to alimony debt. + +Article (55) +On the death of the insured person or pensioner who is awarded a disciplinary judgment +depriving him of part of his pension, the persons entitled on behalf of him shall be paid their +full shares from the complete pension provided for in this Law. + +Article (56) +The insured person or pensioner who loses the nationality of the State or from whom it is +withdrawn, shall be deprived of the pension due to him and on his death, the persons +entitled on behalf of him shall be paid their full shares if they have the nationality of the +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 31 + State. +If the nationality of the State is withdrawn from the entitled persons or if they were +originally not in possession thereof, they shall be paid half their shares. + +Article (57) +Every pension or bonus whose owner or the person entitled on behalf of him fail to come forward to collect it, may not be claimed after expiry of ten years from the date of +entitlement or from the date of last collection of the pension. However, the aforementioned +date shall not apply when there is any reason preventing the entitled person from claiming his right and such reason is acceptable to the Director General of the Authority. + + +PART EIGHT +PUNISHMENTS +Article (58) +Without prejudice to any severer punishment provided for by any other law, the punishments provided for under the following Articles shall be applied to the offenses stated +therein. + +Article (59) +Every person who intentionally provides incorrect details o r who deliberately refrains from +furnishing the details provided for in this Law or in its executing decisions or regulations with intention to unlawfully obtain funds from the Authority, shall be punished with +imprisonment and a fine not exceeding five th ousand Dirhams or with either one of said +punishments. +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 32 + Furthermore every person who, by furnishing incorrect details, intends to avoid payment of +the Authority's dues in full, shall be punished with the same punishment +In all cases, the court shall pass a sentence ordering repayment of all amounts unlawfully +collected, or recovery of the amounts which are due to the Authority. + +Article (60) +Every employer in the private sector who is subject to the provisions of this Law shall be +punished with a fine of five thousand Dirhams for every employee for whom he fails to +make subscription to the Authority. Moreover every employer who forces his employees to +bear a share in expenses unprovided for in this Law, shall be punished with the same +punishment and the cour t shall, of its own accord, force the violating employer to pay to the +employees the value of the security expenses borne by them. + +Article (61) +All fines and amounts adjudicated for violation of the provisions of this Law shall be +property of the Authori ty. + +Article (61) BIS +The authority personnel designated by the resolution of the Minister o f Justice by agreement +with the Minister shall have the capacity of judicial officers with regard to the crimes taking place within the sphere of their competence and relating to their duties. + + + +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 33 + PART NINE +GENERAL PROVISIONS +Article (62) +The Council of Ministers shall have the right to grant exceptional pensions or increments in +pensions or exceptional bonuses to the insured persons whose services terminate for any +reason or to the pensioners or persons entitled on behalf of them. +The Council of Ministers shall also have the right to grant exceptional pensions or bonuses +to citizens other than those mentioned in the foregoing Article who extended great services +to the country, or to the families of persons who die in accidents considered as general +catastroph es. +The provisions of this Law shall apply to said exceptional pensions and bonuses without prejudice to any special provisions decided by the Council of Ministers. +The Government shall bear the value of the exceptional pensions. + +Article (63) +Subject to the provisions of article (36) of this law, if the pensioner is returned to service by any employer subject to the provisions of this law, the term of his pervious service may be +added to the new service and he shall be treated at the end of the new service on the basis of +the two terms together. The Minister shall issue the resolutions regulating the method of +calculating the costs for the addition of this term. + +Article (64) +On the death of the pensioner an amount equal to the pension due to him for the month of +his death and the three months following it shall be paid and such payment shall be made in +one installment to the persons supported by him at the time of his death and said amount +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 34 + shall be considered a gratuity which may not be recover ed or sequestrated in repayment of +any debt and this gratuity shall be exempted from all types of taxes and charges. + +Article (65) +If the insured person's service terminated by reason of natural death, his successors shall be +paid, in addition to the mont hly pension due under the provisions of this Law, a death +compensation in one payment amounting to sixty thousand Dirhams to be distributed among them according to the legacy provisions of the Islamic Law (Sharia). + +Article (66) +If the insured person dies of a work injury, his successors shall be entitled to a compensation +amounting to seventy five thousand Dirhams to be distributed among them according to the provisions of Islamic Law (Sharia) and the insured person shall also be entitled to such +compensa tion if the work injury results in total disability. However, if the injury causes +partial disability the inured insured person shall be entitled to a compensation to be +estimated pro rata to the percentage of disability inflicted on him multiplied by the +compensation value. +The insured person shall be deprived of the injury compensation in the following cases: - +1. If the insured person deliberately injures himself. +2. If the injury is a result of grave misbehaviour intended by the injured person. The follo wing shall be considered as grave misbehaviour: +(a) Every act committed by the injured person under the influence of liquor, drugs and mind +affecting substances. +(b) Every intentional violation of the safety instructions displayed at obvious locations in t he +work place. +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 35 + However, neither of the cases mentioned in (1) and (2) shall be complied with unless proved +by the investigation to be carried out in this respect by the competent authorities. + +Article (67) +1. The provisions of article (66) of this Law shall not jeopardize the right of the insured +person or his successors in claiming his full right to compensation before third parties. +2. If the injury has occurred due to an error, negligence or work accident by the employer, the insured person or his succe ssors shall have the right to recourse to the employer for full +compensation. + +Article (68) +In case of suspension or termination of pension, the pension due for the month in which the reason for suspension or termination occurred shall be paid according t o one full month and +in the event of returning the pension to an entitled person or returning it to entitled persons other than him, the pension shall be returned as of the beginning of the month following the +date of the entitlement incident. + +Article (69) +The insured persons in whose respect Federal decrees are issued ordering their treatment in +their posts with the treatment of ministers and persons of the like, shall be subject to the +provisions of Part Five of this Law. + +Article (70) +Every employer shall maintain books and records and shall submit to the Authority the lists, +details and forms required for the implementation of this Law as per the conditions, +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 36 + situations and dates defined by the Board of Directors. + +Article (71) +Every employe r shall establish for every insured person a special file for retirement wherein +he shall deposit the documents to be defined by the decision referred to in article (70) of +this Law. + +Article (72) +The employer in the private sector must pay to the Authority the end of service bonus which +is due to the national citizens employed by him according to the laws and regulations +organizing their work contracts, for those who wish to include their service periods from the +date of their employment up to the date of benefiting from the provisions of this Law under +the account of the annexation costs without prejudice to their right in continuing work and being entitled to the bonus for this period at the end of the actual service of those who +request annexation. + +Article (73) +the age of the insured person must not be less than eighteen years and must not exceed +sixty years and he must be medically fit for work at the time of appointment as per a medical +report from the medical entity approved by the Authority and the employer must submit +said report when subscribing for him in the Authority. + +Article (74) +The Authority shall have the right to deduct the amounts which might have been unlawfully paid to the entitled person whose share was suspended or terminated, from the frozen dues +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 37 + of all the rest of entitled persons as a result of the suspension or termination as of the date of +knowing the incident which caused it and it shall be made in the percentage of every one's entitlement as compared to the shares of the other s. + +Article (75) +The dissolution, liquidation, shutting down, bankruptcy or merger of any authority which is subject to security or its transference by inheritance will, donation, sale, assignment or by +any other action, shall not prevent payment of all d ues of the Authority. +The successor shall be jointly responsible with the former employers for execution of all +liabilities due on them to the Authority. +However, in case of transference of ownership of the authority which is subject to security by inherit ance or will, the joint responsibility of the successors or legatees shall be within +their share of the legacy. + +Article (76) +The retirement pensions and bonuses paid under this Law shall be exempted from all taxes and charges. + +Article (77) +The amounts paid to the Authority under the provisions of this Law shall have right of preference over all funds of the debtor and they shall have priority over all debts after the +legal expenses and alimony debt. The authority shall have the right to collect them +according to the Governmental Funds Collection Regulations in force. +However, all or part of said funds may be paid in installments according to the conditions to +be determined by the Board of Directors. +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 38 + +Article (78) +The cases lodged by the Auth ority, the insured persons or those entitled on behalf of them +under the provisions of this Law, shall be exempted from the legal charges at all degrees of +litigation and they shall be looked into summarily. In all cases, court shall have the right to +orde r summary execution without bail and in the event of rejecting the case, it shall have the +right to order the claimant to pay all or part of the expenses. + +Article (79) +The periods provided for in this Law shall be calculated as per the Gregorian calendar . + + + + + + + + + + + + +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 39 + Schedule No. (1) +Share entitlements in the +pension + Persons entitled to shares in the pension +Widow or +widows or +entitled +husband + Sons + Parents + Brothers + +1 + widow or widows +or entitled +husband and one +son or more, as +well as father or +mother or both +further to one +brother or more. + 3/8 + 3/8 + 1/8 + 1/8 + +2 + widow or widows +or entitled +husband and one +son or more as +well as father or +mother or both. + 3/8 + 4/8 + 1/8 + - + +3 + widow or widows +or entitled 3/8 + 4/8 + — + 1/8 + +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 40 + husband and one +son or more. + +4 + widow or widows +or entitled +husband and one +son or more. + 1/2 + - + 1/4 + 1/4 + +5 + widow or widows +or entitled +husband as well as +one son or more. + 3/8 + 5/8 + - + - + +6 + widow or widows +or entitled +husband as well as +father or mother or +both. + 1/2 + - + 1/2 + - + +7 + widow or widows +or entitled +husband and one +brother or more. + 1/2 + - + - + 1/2 + +8 widow or widows 3/4 - - - +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 41 + or entitled +husband. + +9 + one son or more +and a father or +mother or both as +well as one +brother or more. + - + 6/8 + 1/8 + 1/8 + +10 + one son or more +and a father or +mother or both. + - + 3/4 + 1/4 + - + +11 + one son or more +and one brother or +more + - + 3/4 + - + 1/4 + +12 + more than one son + - + Whole +pension + - + - + +13 + one son + - + 3/4 + - + - + +14 + father or mother or +both and one +brother or more. - + - + 1/2 + 1/2 + +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 42 + +15 + father or mother or +both + - + - + 3/4 + - + +16 + one brother or +more + - + - + - + 1/2 + +1. The term son or brother in this schedule includes male and female. +2. If more than one person share the same portion of pension, it shall be distributed among +them on equal basis. +3. The husband shall not be entitled to a share in his wife's pension unless at the time of the +death of his wife he suffers from a health deficiency preventing him from earning and such +deficiency must be confirmed by a decision from the Medical Board and said deficiency shall +be checked once every two years unless the Medical Board decides impossibility of his +recovery. +4. In case of death of one of the parents his share shall be transferred to the other and in case +of their death, their share shall be transferred to the sons of the pensioner. +5. In case of suspension of a brothe r's pension, his share shall be transferred to the rest of his +brothers and in the event of non -existence of any - one of them, their share shall be +transferred to the pensioner's children. +6. In the event of suspension of the brother's pension and non -exis tence of entitled persons +other than the parents, the share of the brothers shall be transferred to the parents in a ratio not exceeding the share fixed for the parents in the case No. (15) i.e. 3/4. +7. In case of suspension of the parents pension and n on-existence of entitled persons other +than the brothers, the parents share shall be transferred to the brothers in a ratio not +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 43 + exceeding the share fixed for them in the case No. (16) i.e. 1/2. +8. In the event of suspension of the brothers pension and non -existence of entitled persons +other than the widow, their share shall be transferred to the widow in a ratio not exceeding +the share fixed for her in the case No. (8) i.e. 3/4. +9. In case of suspension of the share of the parents and non- existence of entit led persons +other than the widow, their share shall be transferred to the widow in a ratio not exceeding +the share fixed for her in the case No. (8) i.e. 3/4. +10. The share which is due to any single individual on behalf of the pensioner must not exceed th ree quarters of the pension. +11. In die event of cessation of die cause of suspension of all or part of the pension, the shares shall return to their former state. +12. The share which is not assigned to any one shall be the property of the Fund. + + + + + + + + + + + + + +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 44 + Schedule No. (2) Estimation of Disability Percentage in Cases of Limb Loss +Serial No. + Ensuing Disability + Percentage of Disability + +1 + Amputation of right arm +up to the shoulder. + 80% + +2 + Amputation of right arm +above the elbow + 75% + +3 + Amputati on of right aim +under the elbow + 65% + +4 + Amputation of left arm up +to the shoulder + 70% + +5 + Amputation of left arm +above the elbow + 65% + +6 + Amputation of left arm +under the elbow + 55% + +7 + Amputation of leg above +knee + 65% + +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 45 + 8 + Amputation of leg below +knee + 55% + +9 + Complete deafness + 55% + +10 + Loss of one eye + 35% + +Left + Right + +11 + Amputation of +thumb + 25% + 30% + +Amputation of +thumb end falanx + 15% + 18% + +Amputation of +index finger + 10% + 12% + +12 + Amputation of +index finger end +falanx. + 5% + 6% + +Amputation of +end and middle +falanxes of index 8% + 10% + +Federal Law No. (7) OF 1999 Promulgating the Pensions and Social Security Law 46 + finger. + +Amputation of +middle finger. + 8% + 10% + +13 + Amputation of +middle finger end +falanx. + 4% + 5% + +Amputation of +middle and end +falanx. + 6% + 8% + +Amputation of a +finger other than +index, thump and +middle. + 5% + 6% + + + " +family and community,Federal Law No (2) of 2001 On The Social Security,"Article (1) +""Upon applying the provisions of this Law, the following words and expressions shall have the meanings assigned thereto respectively, unless the context requires otherwise: +State : The United Arab Emirates. +Ministry : The Ministry of Community Development. +Minister : The Minister of Community Development. +Department : The Department of Social Security. +Committee : The Social Assistance Committee. +Family : A group of people consisting of a husban d and one or more wife +and their children or some members of such group if they live +together. The family also includes: +1. Son up to the age of eighteen, however, a son is deemed a +family member above this age if it is proved that he is +Federal Law No (2) of 2001 o n The Social Security 2 + enrolled in edu cation until he completes it or is employed. +2. Daughter up to the age of eighteen, however, a daughter is +deemed a family member above this age if it is proved that +she is enrolled in education until she completes it, unless she marries or is employed. +Breadwinner : Any financially -capable person obligated, based on Sharia +principles, to support his entitled family members, falling under the categories set forth in the provisions of this Law; provided +that the breadwinner's income must be more than doub le the +value of the assumed assistance. +Widow : +Any woman below sixty years of age whose husband died and +her ""Iddah"" expired, and she has not married again and has no +source of income or a financially -capable Breadwinner. +Divorcee : a. Any woman below thirty five years of age who is divorced and her ""Iddah"" is expired, and she has not married again and +has no source of income or a financially -capable +Breadwinner. +b. b. Any woman above thirty five years of age who is divorced +and her ""Id dah"" is expired, and she has not married again and +has no source of income. +Deserted Wife : Any woman proved to be deserted by her husband, based on Sharia principals, and has no source of income or a +financially -capable Breadwinner. +Disabled : Any individual who suffers from a mental or physical disability or +a psychological functions disorder reducing his ability to perform +his natural role in the community, in comparison to his +counterparts of the same age and gender in the societal and +cultur al framework in which he lives, and has no source of +income. +Federal Law No (2) of 2001 o n The Social Security 3 + Elderly : Any person at the age of sixty and has no source of income. +Orphan : Any person whose father died before reaching the age of majority +and has no source of income or a financially -capable +Breadwinner. +Person of +Unknown -Par +entage : A person below the age of majority who is born of unknown +parents and has no source of income, is not in the care of a +financially -capable person and no entity is supporting him. +Unmarried +Girl : a. Any girl above the age of eighteen and below the age of thirty five and has not married or worked and has no source of +income or a financially -capable breadwinner. +b. Any girl above the age of thirty five and below the age of sixty and has not married or worked and has no source of income. +Disabled Patient : Any person below the age of sixty who suffers from a total or partial disability preventing him from earning his living or supporting his family and has no source of income. +Married Student : Any married male student enrolled in an educational institution and has no source of income. +Prisoner's Family : Any family whose breadwinner is sentenced to imprisonment or arrested by a competent authority for a period of at least two months and has no source of income, or otherwise if the family's +income is less than the amount entitled to its Breadwinner if he would have received a social assistance, pursuant to the +provisions of this Law. The prisoner shall not be counted as a +family member when the assistance is provided. +Financially -In +capable +Person : Any person whose income from his work is less than the amount +entitled thereto had he received a social assistance, pursuant to +the provisions of this Law; provided that it must be proved that +he is incapable of performing any other work to increase his +income. +Federal Law No (2) of 2001 o n The Social Security 4 + +Part Two +Validation Extent of This Law Provisions +" +family and community,Federal Law No (2) of 2001 On The Social Security,"Article (2) +This law provisions shall apply to citizens who reside within the state from persons who +fulfill the conditions stipulated in this law. + +" +family and community,Federal Law No (2) of 2001 On The Social Security,"Article (3) +With the exception of holding the nationality of the state mentioned in the preceding article : +1. female citizen who marries foreigner shall deserve the social assistance for herself and +her children in the following cases: +1. the husband was stricken by the morbid disability that prevents him from working. +2. Imprisoning or arresting the husband by co mpetent authority for period not less than +two months or deporting him. +The committee, that examines the demand of the woman who marries foreigner, may grant +her assistance for herself only in the two following cases: +1. if the husband has no income becaus e of reason beyond control. +2. If the income of the husband is less that what the family might deserve if he received +the social assistance in the two mentioned cases. The husband shall be excluded +from the family members who enjoy with the social assistance. +3. The widow citizen whose foreign husband died shall deserve the social assistance for +herself and her children. +4. The divorced and foreign widow who married citizen and procreated children from him +that she undertakes their guardianship within the s tate and didn't marry shall deserve +the social assistance for herself , in case of divorcing her or death of her husband +provided that she shall has no income source or capable supporter. + +" +family and community,Federal Law No (2) of 2001 On The Social Security,"Article (4) +1. The following categories shall deserve the social assistances according to this law +Federal Law No (2) of 2001 o n The Social Security 5 + provisions: the widow, the divorced, the disabled, the aged, the orphan, The person +whose parents are unknown, the unmarried girl, who is stricken by the morbid disability, +the married student, the family of the prisoner, T he disabled materially and the +abandoned woman. +2. by resolution from the council of ministers according to proposal from the Minster other +categories may be added to categories stipulated in term (1) of this article when +required. + +" +family and community,Federal Law No (2) of 2001 On The Social Security,"Article (5) +The amount of the social assistance shall be determined by resolution from the council of ministers according to the proposal of the minister. +If the family consists of one person who lives lonely in separated housing and depends totally on the social assistance, he shall be granted allowance amounts (375) three hundred and seventy five dirham monthly in addition to the social assistance that he deserves that for +categories of old person, widowhood, healthy disability, orphan and the disabled. +These amounts may be increased by resolution from the council of ministers according to +proposal from the minister. + +Part Three +Linking The Social Assistance +" +family and community,Federal Law No (2) of 2001 On The Social Security,"Article (6) +If the person who deserves the social assistance has no income, the assistance shall be paid +total ly. If he has income , the assistance shall be decreased according to the amount of the +income provided that the assistance amount in this case shall not be less than (625) six hundred and twenty five dirham monthly for every person. The social assistance of the +materially disabled persons shall be determined and rules relate to such shall be organized +by resolution from the council of ministers. +The following shall not be considered income in implementing this law provisions: +1. income resulted from earnin g work from the house and environmental products. +Federal Law No (2) of 2001 o n The Social Security 6 + 2. Assistance presented by the non -relatives or by relatives who aren't obligated with the +expense legally. +3. Compensation that the assistance deserved or members of their families received during +training or rehabilitating them vocationally. +4. What is paid for who deserves the assistance or their families' members from kind or +cash assistance from the medicinal and social establishments for remedy. +5. Compensations determined for students in the different education phases. +6. Compensations that are due regularly. + +" +family and community,Federal Law No (2) of 2001 On The Social Security,"Article (7) +1. The committee may disburse exceptional social assistances for who has no work +because of reason out of his will and has no income source. The period of disbursing +the assistance shall be six months that may be extended to similar periods by +resolution from the minister. +2. For whom this assistance was determined shall search for work within the period +specified in the preceding paragraph , with the assistance of the competent authorities. +In case he refuses to join the work provided to him, his right in the assistance that +determine d to him shall be lapsed. + +Part Four +" +family and community,Federal Law No (2) of 2001 On The Social Security,"Article (8) +Procedures and conditions of demanding the assistance: +1. The assistance demander shall submit to the department where the demander resides in +its jurisdiction and the documents that determined by resolutio n from the minister shall +be attached thereto. +2. The department shall perform the social research of the status of the assistance requester. Then it shall refer the request with its attachments with the result of the social +research to the committee within thirty days from the date of submitting the request. +3. The committee shall examine the requests submitted to it by the priority that is revealed +Federal Law No (2) of 2001 o n The Social Security 7 + by the social research of the status. The committee shall issue its decisions by accepting +or refusing the d emand within thirty days from its submitting date to it provided that the +issued decision by refusing the demand that shall be joined by reasons and shall be informed to the involved person. + +" +family and community,Federal Law No (2) of 2001 On The Social Security,"Article (9) +The assistance shall be disbursed to its deserved as of the beginning of the month that follows the date of issuing the committee decision by accepting the demand. If it was proved +that the deserved misuses it for any reason, the committee may disburse it to the legal +guardian, custodian or any of the other members of the family who have competence. The +delegation in receiving the assistance is allowed by approved proxy. + +" +family and community,Federal Law No (2) of 2001 On The Social Security,"Article (10) +The assistance deserved, legal guardian or the custodian, according to c ase, shall present +annual statement of the deserved of the financial or social assistance after passing year from +receiving the assistance according to conditions determined by resolution from the minister +and he shall inform the department immediately by any change of his residence place or his financial or social status that may lapse the right of assistance or amend its amount. + +" +family and community,Federal Law No (2) of 2001 On The Social Security,"Article (11) +The department shall observe the status of the assistance deserved twice at least every year . +it shall undertake these procedures if the assistance deserved defaulted to receive it fro two +successive payments. +The observation shall be performed by social research executed by the department to +determine the legal position of the assistance deserved and the financial and social change +that has happened to his social or financial status. The committee in the light of the results of +the social research mentioned in the preceding paragraph and subject to this law provisions +or regulations issued upon such may issue decision joined by reasons to increase, decrease +or cancel the assistance. +Federal Law No (2) of 2001 o n The Social Security 8 + " +family and community,Federal Law No (2) of 2001 On The Social Security,"Article (12) +If the assistance deserved didn't demand what he deserves after passing three months from +date when he knew its maturity, his right in the deserved amount shall be lapsed . and his +right in the assistance shall be lapsed totally, if its owner didn't demand such within six +months from date of linking it or disbursing the amount to him unless he presented excuse +accepted by the committee. Whoever whose right in the assistance or compensation was +lapsed may not be superseded by another in the maturity. + +" +family and community,Federal Law No (2) of 2001 On The Social Security,"Article (13) +Whoever that decision was issued by refusing his request, decreasing his deserved +assistance or lapsing his right therein may grieve from this decision to the ministe r within +sixty days from day when he was informed by this decision. + +" +family and community,Federal Law No (2) of 2001 On The Social Security,"Article (14) +The grievance mentioned in article (13) of this law shall be decided by committee of +grievances formed by resolution of the minister. the committee shall submit its +recommendation of the complaint within period doesn't exceed thirty days from the date of +receiving the grieve and the decision of the ministe r shall be irrevocable. + +" +family and community,Federal Law No (2) of 2001 On The Social Security,"Article (15) +If the social assistance deserved died, the amounts that he deserves before his death shall be disbursed to his family. If the deceased is the husband, the assistance deserved for him +before his death shall be continue d to be disbursed to his widow and till terminating its legal +period of waiting. + +" +family and community,Federal Law No (2) of 2001 On The Social Security,"Article (16) +The assistance may not be assigned or seized unless to fulfill expense judged for any of the family members who profit from this law provisions by what doesn't exceed the half of the +deserved assistance and within amounts determined for every person. +Federal Law No (2) of 2001 o n The Social Security 9 + Part Five +" +family and community,Federal Law No (2) of 2001 On The Social Security,"Article (17) +The ministry may lapse the assistance and recover what was disbursed from such +unlawfully, if the person to whom the assistance was determined has committed any of the +following acts, without breaching the criminal liability: +1. presenting incorrect data that caused granting or increasing the assistance or continuing to disburse it unlawfully. +2. Forged a document or used a forged document that caused granting or increasing the assistance or continuing to disburse it unlawfully. + +Part Six +Final Provisions +" +family and community,Federal Law No (2) of 2001 On The Social Security,"Article (18) +The committee shall be formed by resolution from the minister and this resolution shall +determine the rules related to the system of working therein. + +" +family and community,Federal Law No (2) of 2001 On The Social Security,"Article (19) +Urgent relief aid shall be granted to families and individuals to face the public and private +calamities and disasters by resolution from the minister according to the resolution of the +council of ministers that organizes the amount of these assistances an d rules relate to +disbursing it. + +" +family and community,Federal Law No (2) of 2001 On The Social Security,"Article (20) +The procedures of the medical examination shall be organized by decision from the minister +according to systems of ministry of health in cases that requires performing such +examination. + + +Federal Law No (2) of 2001 o n The Social Security 10 + " +family and community,Federal Law No (2) of 2001 On The Social Security,"Article (21) +The mi nister shall issue the required regulations and resolutions to enforce this law. + +" +family and community,Federal Law No (2) of 2001 On The Social Security,"Article (22) +The federal law No. (13) for the year 1981 shall be repealed. + +" +family and community,Federal Law No (2) of 2001 On The Social Security,"Article (23) +Every provision breaches or conflicts with this law provisions shall be repealed. + +" +family and community,Federal Law No (2) of 2001 On The Social Security,"Article (24) +This law shall be promulgated in the official gazette and shall be enforced from its +promulgation date. + + +Zayed Bin Sultan Al- Nahyan +President of United Arab Emirates + + " +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (1) +Definitions +In implementation of the provisions of this Law, the following words and expressions shall +bear the meanings assigned thereto herein respectively, unless the context otherwise +indicates: +State : The United Arab Emirates. +Ministry : Ministry of Social Affairs. +Minister : Minister of Social Affairs. +Federal Law No. (3) of 2016 on Child Rights Law (Wadeema) 3 + Competent +authorities : Federal authorities concerned with child affairs. +Concerned bodies : Local authorities concerned with child affairs. +Child : Each and every human being born alive and below 18 years of age. +Custodian : +The person legally in charge of the child or who is entrusted with the +child's custody. +Foster family : The alternative family entrusted with the custody and care of the +child. +Child +protection +specialist : The person licenses and assigned by the competent authority or the +concerned bodies, as the case may be, to preserve the child's rights +and protect him within his respective competence, as mentioned in +this Law. +Child abuse : Each and every act or omission that would harm the child in a +manner that prevents his upbringing and growth in a proper safe and +healthy manner. +Child neglect : +Failure of parents or custodians to take the measures necessary for preserving the child's life and physical, psychological, mental and +moral wellness from danger and protecting his various rights. +Violence +against child : The deliberate use of force against any child by any individual or +community that inflicts actual harm to the child's health or growth or +life. +Child's best interest : Is making the child's interest above any consideration and of priority +and preference in all conditions, regardless of the interests of the +other parties. +Child pornography : Production, display, publication, acquisition or exchange of a photo, film or drawing via a means of communication, social media, or any other means in which the child appears in an actual and real or +fictional or simulated disgraceful situation in the sexual act or show. +Federal Law No. (3) of 2016 on Child Rights Law (Wadeema) 4 + " +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (2) +The competent authorities and concerned bodies shall: +1. Preserve the child's right to life, survival and growth and provide all the opportunities +necessary to facilitate that and to enjoy a free, safe and developed life; +2. Protect the child from all forms of neglect, exploitation and maltreatment in addition to +any physical and psychological violence exceeding the legally and legitimately accepted +as a right of the parents and the like in disciplining their children; +3. Raise the child to adhere to his Islamic faith, take pride in his nationality, and respect the +culture of brotherhood of humanity; +4. Protect the child's best interests; +5. Educating the child about his rights, obligations and duties in a society governed by the principles of justice, equality, tolerance and moderation; +6. Raise the child to have a sense of morality and particularly respect his parents and his +family and social environment; and +7. Spread the culture of child rights at the widest scale possible utilizing the proper means; +8. Engage the child in the social fields of life in accordance with his age and maturity and +developed abilities so that he acquires the traits of love of work, initiation, Legitimate earning, and self -reliance. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (3) +This Law shall ensure granting the child all the rights determined thereunder and under other legislation in force in the State and protecting him without discrimination due to his +race, gender, country, religion, social status or disability. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (4) +1. The natural family shall be the best environment to raise a child which existence, +maintenance and protection is ensured by the State in order to achieve the child's rights +and best interests. When necessary such family shall be replaced by an alternative +family. +Federal Law No. (3) of 2016 on Child Rights Law (Wadeema) 5 + 2. Child protection and best interests shall have priority in all decisions and procedures +taken relevant to him. The competent authorities and concerned bodies shall attempt to +achieve that through taking the necessary procedures, including: +a. Ensuring fulfillment of the child's moral, psychological and physical needs in +accordance with his age, health and family environment, particularly his right to +guardianship; +b. Giving the child the priority of protection, care, relief and guidance in emergencies, +disasters and armed conflicts and from any crime committed against him; +c. Protecting the child from psychological harm in all phases of collection of evidence, +investigation and trial, whether he is a litigant or witness. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (5) +The child's privacy shall be respected in accordance with the public order and morals +together with taking into account the rights and responsibilities the legal custodian. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (6) +The responsible concerned bodies shall implement the policies and programs developed by the competent authorities in all fields relevant to the child. + +Chapter Two +Basic Rights +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (7) +1. The child shall have the right to life and safety. +2. The State shall ensure the child's growth, development and protection in accordance +with the Law. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (8) +The child shall be entitled, since his birth, to have a name not involving contempt or +prejudice to his dignity or contradicting with the religious beliefs and customs. +Federal Law No. (3) of 2016 on Child Rights Law (Wadeema) 6 + " +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (9) +The child shall be immediately registered in the birth register immediately after his birth in +accordance with the legal system determined in this regard. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (10) +The child shall have a nationality in accordance with the provisions of the laws in force in the State. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (11) +1. The child shall be entitled to be traced back to his legal parents in accordance with the laws in force in the State. +2. The child's parents or legal guardians shall extract the papers that prove the child's birth, nationality in addition to all of the other identification papers in accordance with the laws in force in the State. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (12) +1. The child shall be entitled to expr ess his opinions freely pursuant to his age and maturity +in consistency with the public order and morals and the laws in force in the State. +2. The child shall be provided with the opportunity necessary to express his opinion with +respect to the measures taken in his regard in accordance with the laws in force. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (13) +The child may not be exposed to any arbitrary intervention or illegal procedure in his life, +family, home or correspondence. In addition, neither the child's honor nor reputation may +be prejudiced. The State shall ensure child protection from all child pornography in +accordance with the legislation in force. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (14) +The competent authorities and concerned bodies shall: +Federal Law No. (3) of 2016 on Child Rights Law (Wadeema) 7 + +1. Prohibit employment of children prior to reaching 15 years of age; and +2. Prohibit the economic exploitation and recruitment in any works that expose children to danger, whether by virtue of their nature or for the circumstance of performance thereof. +The Executive Regulations of the Law and the Labor Law regulate the conditions and bases +of child employment. + +Chapter Three +Family Rights +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (15) +1. The child's parents and the like and custodians shall provide him with the requirements of family safety with the atmosphere of a family with strong and close relations. +2. The child's custodian shall be entrusted with the responsibilities and duties vested in him +with respect to educating, protecting, guiding and upbringing the child in the best way. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (16) +Subject to the laws in force, the child shall be entitled to be introduced to his natural family +and parents and receive their care and to have personal relations and direct contact with +both of them. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (17) +The child shall be entitled to custody, feeding, alimony and protecting himself, body, religion and property in accordance with the laws in force in the state. + +Chapter Four +Health Rights +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (18) +The child shall be entitled to receive health services in accordance with the laws and +Federal Law No. (3) of 2016 on Child Rights Law (Wadeema) 8 + regulations of health care in force in the State. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (19) +The State shall develop it capabilities in the field of protective, therapeutic and psychological +health care and health guidance relevant to child health, nutrition and protection. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (20) +The competent authorities and concerned bodies shall provide health care to mothers +before and after giving birth in accordance with the legislation in force. +In addition, the competent authorities and concerned bodies shall take the possible measures to: +1. Protect the child from the risks and harms of environmental pollution and combat the +same; +2. Play a constructive and effective role in awareness in the fields of child health and +nutrition, advantages of breastfeeding, protection from disease and accidents and +disadvantages of smoking; and develop the policies and programs necessary to improve health media in this regard; +3. The competent authorities and concerned bodies shall take the measures necessary to +protect and children from the use of narcotics, intoxicants and doping substances in +addition to all substances that affect the mind or from contribution in production, +trading or promotion thereof; +4. Support the school health system in order to play its role in the field of protection, +treatment and health guidance; +5. Protect from infection with infectious, dangerous and chronic diseases and provide the necessary vaccinations and immunizations; +6. Develop programs for training of workers in the maternal and child health sector and +prepare them to achieve the objectives of this Law; +7. Provide psychological care in a manner that ensures the child's mental, emotional, social +and linguistic growth; and +Federal Law No. (3) of 2016 on Child Rights Law (Wadeema) 9 + 8. Take the measures necessary for early examination of children in order to diagnose +disabilities and chronic diseases. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (21) +No person may: +1. Sell or attempt to sell tobacco or its products to a child. The seller shall be entitled to +request from the buyer to provide a proof of reaching 18 years of age; +2. Smoke in public and private means of transportation and indoors in case of the presence +of a child; +3. Sell or attempt to sell intoxicants to a child in addition to any other substances that endangers his health which are determined under a Cabinet Resolution; +4. Import or trade in substances violating the specifications approved in the State for +children's food, accessories, food or health or hormonal supplements, or toys. + +Chapter Five +Social Rights +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (22) +The State shall provide a standard of living appropriate for the physical, mental, +psychological and social growth of the child in accordance with the laws in force. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (23) +Children who neither have a competent sustainer nor a source of income shall be entitled to receive the State's aid in accordance with the laws in force. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (24) +Subject to the laws of personal status and children of unknown parentage, the child who is +permanently ore temporary deprived of his natural family environment shall be entitled to +alternative care through: + +Federal Law No. (3) of 2016 on Child Rights Law (Wadeema) 10 + 1. A foster family; +2. Public or private social care institutions in case of the lack of a foster family. + +Chapter Six +Cultural Rights +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (25) +The child shall be entitled to acquire knowledge and means of innovation and creation. To +this end, the child may participate in recreational, cultural, artistic and scientific programs +that consistent with his age and the public order and morals. The competent authorities and +concerned bodies shall develop the programs necessary for this purpose. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (26) +The publication, display, trading, possession or production of any visual, audio or printed +work or games intended for children that arouse the child's sexual instincts or urge him to +commit the behaviors violating the public order and morals or encourage on deviance. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (27) +The Executive Regulations of this Law shall specify the places where entry of children is +prohibited and the controls of entry into other places. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (28) +The managers of cinemas displaying movies and TV channels and the other similar places referred to in the preceding Paragraph shall announce prohibition of children's entrance in a +prominent place in accordance with the provisions of the Executive Regulations hereof and +the other regulations in force. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (29) +Communications companies and internet providers shall notify the competent authorities or concerned bodies of any child pornography exchanged through websites. The same shall +Federal Law No. (3) of 2016 on Child Rights Law (Wadeema) 11 + also provide necessary information and data on the persons, bodies or websites that +exchange such materials or intend to mislead children. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (30) +The State shall establish councils, associations, clubs and centers for children that are competent with developing the children's cultural, artistic, scientific, physical and other +aspects. + +Chapter Seven +Educational Rights +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (31) +Each and every child shall be entitled to education. In addition, the State shall attempt to +achieve equality of opportunities available to all children in accordance with the laws in +force. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (32) +In the field of education, the State shall take the following measures: +1. Prevent children's school dropout; +2. Promote the participation of children and their parents in the decisions relevant to +children; +3. Prohibition of all kinds of violence in educational institutions and preserving the child's +dignity upon taking decisions or developing programs; +4. Develop the educational system including kindergartens in order to achieve its purpose +to develop each child's mental, physical, emotional, social and ethical aspects; +5. Develop specific and organized programs for reporting and filing complaints in order to +ensure investigation of acts and irregularities violating the educational rights set forth in +this Law in the manner specified by the Executive Regulations. + + +Federal Law No. (3) of 2016 on Child Rights Law (Wadeema) 12 + Chapter Eight +Right to Protection +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (33) +The following shall be particularly considered to be threatening the child's physical, +psychological, ethical or mental safety and requires his right to protection: +1. Loss of parents and staying without a sustainer or guardian; +2. Suffering from rejection, neglect and displacement; +3. Obvious and continuous delinquency in education and care; +4. Frequent child abuse; +5. Sexual abuse or exploitation; +6. Exploitation by illegal organizations and in organized crimes, e.g.: introduction of +intolerance and hatred or urging the child to commit acts of violence and intimidation; +7. Exposure to mendicancy or economic exploitation; +8. Failure of parents or custodians to protect or educate the child; +9. Exposure to kidnapping, sale or human trafficking for any purpose or exploitation in any +form; +10. Experiencing mental or psychological disability that affects his cognition. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (34) +The child's mental, psychological, physical or ethical safety may not be prejudiced whether +by abandonment by the custodian or leaving him in a care facility or institution without a +valid reason, rejecting the child by the custodian or refraining from treating him and taking +care of his affairs. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (35) +The child's custodian may neither expose him to abandonment, displacement or neglect, frequently leave him without supervision or control, quit guiding the child, refrain from +taking care of his affairs, abstain from enrolling the child in an educational institution, nor +leave him in case of school dropout without a valid reason during the stage of compulsory +Federal Law No. (3) of 2016 on Child Rights Law (Wadeema) 13 + education. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (36) +Subject to the provisions of Clause (2) of article (2) hereof, it shall be prohibited to expose +the child to torture or physical assault or perform any cruel act that would affect the child's +emotional, psychological, mental or ethical balance. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (37) +The following acts shall be prohibited: +1. Using or exploiting the child in filming, recording or producing any pornography; +2. Producing, publishing, distributing or facilitating children's access to pornography by any means; +3. Possessing child pornography regardless of the intent to distribute; +4. Downloading, uploading or sending any child pornography via the internet or any other communications or information technology means; +5. Custodian's contribution to child's participation in production or filming child pornography or any other sexual acts or allowing the child to do so or help him in any of such acts; +6. Direct or indirect sexual exploitation of the child by exposing or preparing him for acts of prostitution and debauchery whether or not against a consideration. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (38) +The following acts shall be prohibited: +1. Using the child in mendicancy; +2. Recruiting the child in illegal circumstances; and +3. Engaging the child in a work that hinders his education or endangers his health or his +physical, psychological, ethical or mental safety. + + +Federal Law No. (3) of 2016 on Child Rights Law (Wadeema) 14 + Chapter Nine +Protection Mechanisms +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (39) +1. The competent authorities and concerned bodies shall work in coordination with the +Ministry on establishing child protection units aiming at developing and implementing +child protection mechanisms and measures stipulated herein; and +2. The Executive Regulations of this Law shall determine the following: +a. Competences of the child protection units and the operating mechanisms thereof; and +b. Requirements to be met by the child protection specialist. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (40) +The child protection specialist shall take the oath before exercising his functions and shall be +competent to perform the following: +1. Preventive intervention in all cases in which the child's health and physical, +psychological, ethical or mental safety are threatened or endangered; and +2. Therapeutic intervention in all cases of abuse, exploitation and negligence and all cases +stipulated in article (33) hereof. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (41) +The child protection specialist shall, when performing his functions, be entitled to have the following powers: +1. Collect evidence regarding the incidents that are the subject of the report and attend the +investigative hearings and trials if necessary; +2. Enter by himself or accompanied by whoever he needs into any place where the child is +present with the permission of the owner of that place and he shall present a card +proving his capacity; +3. Take the preventative measures appropriate for the child in a manner determined by the Executive Regulations hereof; and +Federal Law No. (3) of 2016 on Child Rights Law (Wadeema) 15 + 4. Utilize the social researches to reach a determination of the truth of the child's situation. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (42) +1. Anyone may inform the child protection specialist or the child protection units if there is +a threat to the child's safety or physical, psychological, ethical or mental health; and +2. The reporting shall be mandatory for the custodians, physicians and social workers or +those who are entrusted with the protection, care or education of the child. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (43) +Whoever attains the age of majority shall help any child who asks him to report the +competent authorities or concerned bodies of his suffering or the suffering of any of his +brothers or any other child in any of the cases stipulated in article (33) hereof. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (44) +The identity of the reporter shall not be disclosed unless his approval is obtained. The +disclosure of the identities of all parties to the incident and the witnesses in child abuse or +maltreatment actions when using the information contained in the analyses or media +reports or the publication of any material that could lead to the disclosure of his identity +shall be prohibited. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (45) +The concerned bodies and competent authorities shall provide protection to the witnesses +in all stages of the criminal action. + +Chapter Ten +Protection Measures +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (46) +Subject to the provisions of Articles (47) and (51) hereof, the child protection specialist shall, in agreement with the custodian, take all the necessary measures if there is a threat to the +Federal Law No. (3) of 2016 on Child Rights Law (Wadeema) 16 + child's safety or physical, psychological, ethical or mental health in a manner determined by +the Executive Regulations hereof. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (47) +Subject to the provision of article (51) hereof, the child protection specialist shall submit the following proposals to the child's parents or custodian if it is proved to him that there is a +threat to the child's safety or physical, psychological, ethical or mental health: +1. Keeping the child with his family, subject to: +a. The commitment of the child's parents or custodian, in writing, to take the measures +required for removing the threat to the child and to keep the child under the periodic +oversight of the child protection specialist; +b. The regulation of the methods of social intervention by the concerned bodies and +competent authorities, as the case may be, concerned with providing the necessary +social services and assistance to the child and his family; and +c. Taking the measures necessary for preventing any contact between the child and the threat to his safety or physical, psychological, ethical or mental health. +2. Placing the child temporarily in an alternative family, an association, or an appropriate social, educational or health institution, whether public or private, in accordance with the controls determined by the Executive Regulations hereof. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (48) +If the child protection specialist achieves the appropriate measures in a form of agreement, +such agreement shall be written, read and signed by the various parties including the child +who reached 13 years of age. +The child protection specialist shall periodically follow up the results of the taken agreement +measures taken and shall decide, when necessary, to amend the same in a manner that ensures, as much as possible, keeping the child in his family environment. + + +Federal Law No. (3) of 2016 on Child Rights Law (Wadeema) 17 + " +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (49) +The child protection specialist shall inform the child's parents or custodian and the child +who reached 13 years of age of their right to refuse the proposed measure. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (50) +1. The child protection specialist shall refer the matter to the body for which he works to take the necessary measure in the following two cases: +a. Failure to achieve an agreement within fifteen days as of the date of informing him of the case; and +b. Violating the agreement by the child's parent, custodian or the 13 -year -old child. +2. The body for which the child protection specialist works shall take all actions necessary for referring the matter to the public prosecution. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (51) +1. Subject to the provisions of Articles (33), (34), (35), (36), (37) and (38), each and every act or omission that would threaten the child's life, safety or physical, psychological, +ethical or mental health in a manner that cannot be prevented by the time; +2. Taking into account the privacy of accommodations, the child protection specialist shall +initiate, in the event of significant harm to the child or a threat thereto and before +obtaining a judicial permit, to get the child out of the place where he exists and put him +in a safe place under his own responsibility. The child protection specialist may ask for +the assistance of the public authorities. +3. The child protection specialist shall obtain a court order to continue to take the measures +stipulated in Clause (2) of this Article within (24) hours as of the time to get the child out +of the place. The competent judge shall issue his decision within (24) hours as of the date of submitting the request. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (52) +The child protection specialists determined by a resolution issued by the Minister of Justice +Federal Law No. (3) of 2016 on Child Rights Law (Wadeema) 18 + shall, in agreement with the Minister and the concerned bodies, have the capacity of judicial +officers to prove the occurrence of any violation to the provisions of this Law and the +Regulations and Resolutions issued in implementation thereof. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (53) +The public prosecution and judicial bodies shall ask for the assistance of the child protection specialist in the investigations and trials in which the child is present. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (54) +1. Whoever has been convicted of a sexual abuse crime or pornography crime shall be +prohibited from engaging in any work or job that allows them directly communicate or +interact with children even if such person has been rehabilitated; +2. The judge shall issue a judgment preventing the person who has been convicted of a sexual abuse crime committed a against a child from residing in the region where the +abused child resides five kilometers away from the child's residence; and +3. In all cases, the person sentenced to confinement or imprisonment in a sexual abuse crime committed against a child shall not be released unless psychological tests and examinations are conducted to him before the termination of his confinement or +imprisonment to ensure that he will not pose any danger to the society. In case of +proving that, the court shall order to put him at a therapeutic shelter after the termination of his confinement or imprisonment. The Executive Regulations hereof shall +determine the regulation of putting the sentenced person at a therapeutic shelter and the +procedures for hearing the release requests. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (55) +A register shall be established in the Ministry in coordination with the competent authorities +to record all child abuse cases. Everything recorded in this register shall be confidential and +shall not be accessed without the permission of the public prosecution or the competent +court as the case may be. +Federal Law No. (3) of 2016 on Child Rights Law (Wadeema) 19 + " +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (56) +The competent authorities and concerned bodies shall, in coordination with the Ministry: +1. Specify the special engineering standards and specifications, construction laws and +safety and security requirements that protect the child from any kind of harm. The +Executive Regulations hereof shall determine the controls required for the +implementation of these standards and specifications and the exceptions thereto; +2. Establish the controls and procedures required for the protection of the child's safety in +public and recreational places and in public transport and the Executive Regulations +shall determine such required controls and measures; and +3. The provisions of Clauses (1) and (2) of this Article shall apply to the public and private +sectors, save for what is excluded therefrom by a special provision in the Executive +Regulations. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (57) +The competent authorities and concerned bodies shall take the following measures: +1. Ensure the product safety in order not to threaten the child's rights contained herein and establish the advertising controls that comply with the child's right to health, survival and growth; +2. Control the commercial activities so as to ensure that the child is not exposed to any environmental risks or harms. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (58) +The competent authorities and concerned bodies shall ensure the child protection from the dangers of the traffic accidents in accordance with the provisions of the traffic law, as +amended especially the following: +1. Prohibiting the sitting of children who are under the age of 10 in the front seats of the +vehicles of all kinds; and +2. Establishing controls with regard to the children's use of bicycles. + +Federal Law No. (3) of 2016 on Child Rights Law (Wadeema) 20 + " +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (59) +Subject to the provisions of the personal status law, the competent court shall, before +issuing a judgment on the child custody, request the submission of a detailed report about +the social, psychological and health status and the criminal status of the person applying for +custody or the person for whom custody will be ordered by the court or the submission of a +statement that he did not commit any crime outside the State. The Executive Regulations +shall determine the procedures for preparing these report and statement. + +Chapter Eleven +Penalties +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (60) +Whoever violates any provision of Clause (2) of article (11), Articles (28) and (34), Article +(35) or Clause (2) of article (42) hereof shall be punished by imprisonment or a fine of not +less than (AED 5,000) UAE Dirhams five thousand. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (61) +Whoever commits one of the following acts shall be punished by a fine of not less than (AED +5,000) UAE Dirhams five thousand and not more than (AED 50,000) UAE Dirhams fifty +thousand: +1. Violating the provision of article (43) hereof; +2. Preventing the child protection specialist from performing his functions or hindering his +work; and +3. Giving false information or deliberately hiding the truth of the child's situation. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (62) +Whoever violates any of the provisions of Clause (2) of article (21) hereof shall be punished +by a fine of not less than (AED 5,000) UAE Dirhams five thousand. + + +Federal Law No. (3) of 2016 on Child Rights Law (Wadeema) 21 + " +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (63) +Whoever violates any of the provisions of Clauses (1) and (3) of article (21) hereof shall be +punished by a term of imprisonment of not less than three months and/or a fine of not less +than (AED 15,000) UAE Dirhams fifteen thousand. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (64) +Whoever violates any of the provisions of Clause (4) of article (21) or article (29) hereof +shall be punished by a term of imprisonment of not less than six months and/or a fine of not +less than (AED 100,000) UAE Dirhams one hundred thousand and not more than (AED +1,000,000) UAE Dirhams one million. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (65) +Whoever violates any of the provisions of Clauses (1), (2), (5) and (6) of article (37) hereof shall be punished by a term of imprisonment of not less than ten years. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (66) +Whoever violates any of the provisions of article (26) or Clauses (3) and (4) of article (37) +hereof shall be punished by a term of imprisonment of not less than one year and/or a fine +of not less than (AED 100,000) UAE Dirhams one hundred thousand and not more than (AED 400,000) UAE Dirhams four hundred thousand. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (67) +Whoever violates any of the provisions of article (27) hereof shall be punished by a term of +imprisonment of not less than one month and not more than six months and by a fine of not +less than (AED 5,000) UAE Dirhams five thousand. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (68) +Whoever violates any of the provisions of article (14) or the provision of article (38) hereof +shall be punished by imprisonment and/or a fine of not less than (AED 20,000) UAE +Federal Law No. (3) of 2016 on Child Rights Law (Wadeema) 22 + Dirhams twenty thousand. +If the work endangers the life or physical, mental or ethical safety of the child who is under +the age of 15, this shall be deemed an aggravating circumstance. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (69) +Whoever violates the provision of article (36) hereof shall be punished by imprisonment and/or a fine of not less than (AED 50,000) UAE Dirhams fifty thousand. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (70) +In implementation of the provisions of this Law, the offender's claim that he did not know +the age of the victim shall be disregarded. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (71) +The penalties stipulated herein shall not prejudice any more severe penalty stipulated in any +other law. + +Chapter Twelve +Final Provisions +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (72) +The provisions of this Law shall not prejudice an y rights or aspects of protection that ensure +that the child enjoys all rights and public freedoms in a better way and the aspects of +protection and care stipulated in any other applicable legislation. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (73) +The Cabinet shall, upon the proposal of the Minister, issue the Executive Regulations hereof within six months as of the date of publication in the Official Gazette. + + +Federal Law No. (3) of 2016 on Child Rights Law (Wadeema) 23 + " +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (74) +Any provision inconsistent with or repugnant to the provisions hereof is hereby repealed. + +" +family and community,Federal Law No. (3) oF 2016 on Child Rights Law (Wadeema),"Article (75) +This Law shall be published in the Official Gazette and shall enter into force three months +following the date of publicating thereof. + + +Khalifa bin Zayed Al -Nahyan +President of the United Arab Emirates + +Issued by us in Abu Dhabi Presidential Palace +On: Jumada Al -Awwal 28, 1437 AH. +Corresponding to: March 8, 2016 AD. + + " +family and community,Federal Law No. (13) of 2018 on the Volunteer Work,"Article (1) +Definitions +In application of the provisions of this Law, the following words and expressions shall have +the meanings ascribed thereto unless the context requires otherwise: +State : The United Arab Emirates +The Ministry : Ministry of Community Development. +The Minister : Minister of Community Development. +Competent +Authority : Local Competent Authority +Authorities +regulating the +volunteer work : Federal and local government authorities, civil societies and +organisations and private secto r. +Volunteer Work : Every individual or team activity that is non -profit or job -free +charge aiming at achieving benefit for the other. +Volunteer : Every registered natural or legal person practising a +volunteering work free of charge or job -free charge +Volunteering +team : A group of the registere d natural or legal persons forming a +team among each other to conduct volunteering works free of +charge or job -free charge. +Volunteering +opportunities : Volunteering programmes with specified objectives and results +Charter of +Volunteer Work : The document specifying the core values of volunteering and +rights and duties of the volunteer and the volunteering teams. + + +Federal Law No. (13) of 2018 on the Volunteer Work 3 + " +family and community,Federal Law No. (13) of 2018 on the Volunteer Work,"Article (2) +Goals +This Law aims to the following: +1. To disseminate, promote and enhance the culture of the volunteer work and raise the +awareness of its importance. +2. To regulate and develop the volunteer work. +3. To harmonise between the outcome of the volunteer work in state and the government +guidelines and national agenda. +4. To enhance the diversity and innovation in the volunteering programmes and initiatives. +5. To adopt a unified approach for the volunteer work in state. + +" +family and community,Federal Law No. (13) of 2018 on the Volunteer Work,"Article (3) +Scope of Application +Provisions of this Law shall apply to the volunteer works, volunteers and volunteering +teams, as well as the authorities regulating the volunteer work. + +" +family and community,Federal Law No. (13) of 2018 on the Volunteer Work,"Article (4) +Practising the volunteer work +Practising the volunteer work shall be made as per the disciplines and terms specified in this +Law and its Executive Regulation. + +" +family and community,Federal Law No. (13) of 2018 on the Volunteer Work,"Article (5) +Registration of the Volunteer Work +1. A registry shall be created in the Ministry to register the volunteers and the volunteering +teams. +2. Upon coordination with the Ministry, the competent authority shall register the +volunteers and the volunteering teams as specified in the Executive Regulation of this Law. +Federal Law No. (13) of 2018 on the Volunteer Work 4 + 3. It is prohibited to regulate any volunteer work inside or outside state unless it is licensed. +4. The Executive Regulation of this Law shall specify the disciplines, terms and procedures +of the registration and license. + +" +family and community,Federal Law No. (13) of 2018 on the Volunteer Work,"Article (6) +Requirements of the natural volunteer +The natural person shall be required as follows: +1. To be a national of the State or a resident therein. +2. To be of no less than eighteen years old; whoever is less than eighteen years old may +volunteer upon the consent of his parent. +3. To be of good character and conduct. +4. To be medically fit for the volunteer work assigned to him. +5. To get a license to practice if he volunteers in his career. +6. To be registered for practising the volunteer work. +The Executive Regulation of this Law shall specify any other requirements in addition to +disciplines of applying the provision of this Article. + +" +family and community,Federal Law No. (13) of 2018 on the Volunteer Work,"Article (7) +Requirements of the legal volunteer +The Executive Regulation of this Law shall specify the terms and disciplines of volunteering +of the legal persons. + +" +family and community,Federal Law No. (13) of 2018 on the Volunteer Work,"Article (8) +The visiting volunteer +The Executive Regulation of this Law shall specify the terms and disciplines of volunteering +of the persons visiting the state. + + +Federal Law No. (13) of 2018 on the Volunteer Work 5 + " +family and community,Federal Law No. (13) of 2018 on the Volunteer Work,"Article (9) +Volunteering of the government officers +Upon coordination with the official federal and local human resources authorities, the +Ministry shall develop the policies, mechanisms, disciplines and terms of the participation of +the government officers in the volunteer work. + +" +family and community,Federal Law No. (13) of 2018 on the Volunteer Work,"Article (10) +Volunteering teams +Volunteers may form a volunteering team as specified by the Executive Regulation of this Law. + +" +family and community,Federal Law No. (13) of 2018 on the Volunteer Work,"Article (11) +Obligations of authorities regulating volunteer work +Authorities regulating the volunteer work shall be committed to the following: +1. To provide the requirements of health and safety for the volunteers and the volunteering teams. +2. To secure the volunteers and the volunteering teams while practising the volunteer +work, when necessary. +3. To qualify the volunteers and the volunteering teams by involving them in induction +courses specialised in the volunteer work. +4. To specify the tasks required to be done by the volunteer and the volunteering team. +5. To provide the needs required to perform the task of the volunteer and the volunteering +team. +6. To keep the confidentiality of the personal information of the volunteer and the +volunteering team. +7. To make sure of the fulfilment of the volunteers and the volunteering teams therewith to the registration, according to provisions of this Law. + + +Federal Law No. (13) of 2018 on the Volunteer Work 6 + " +family and community,Federal Law No. (13) of 2018 on the Volunteer Work,"Article (12) +Obligations of the volunteer and the volunteering team +The volunteer and the volunteering team shall be committed to the following: +1. Punctuality and working in the one team spirit according to requirements of the +volunteer work. +2. Adherence to all instructions issued to them and implementation of all tasks assigned to them. +3. Commitment of the charter of volunteer work. +4. Commitment to the legislations applicable in state. +5. Keeping the confidentiality of the information and data that were accessed while +conducting their volunteering tasks. +6. Updating their personal data. +7. Adherence to the task and its objectives and respecting the policy, systems and regulations of the authority regulating the volunteer work and preserving its property. +8. Notifying the authority regulating the volunteer work upon suspending the volunteer work. +9. Not to offer, provide, promote or advertise any goods or services during the volunteer work that gain financial benefits or personal earnings. +10. Returning whatever they received as a trust, such as tools and equipment and devices, +upon the termination of the volunteer work. +11. Commitment to the instructions of security and safety. + +" +family and community,Federal Law No. (13) of 2018 on the Volunteer Work,"Article (13) +Coordination with the authorities regulating the volunteer work +Upon coordination with the authorities regulating the volunteer work, the Ministry shall +undertake the following competencies: +1. To present the volunteering opportunities according to the professions and +competencies and interests. +2. Data of the volunteers and the volunteering teams in the volunteer work. +Federal Law No. (13) of 2018 on the Volunteer Work 7 + 3. To authenticate the volunteer works and hours. +4. To market the events and attract more volunteers thereto. +5. To adopt the awareness and educational programmes and activities for the society +members and institutions regarding the volunteer work. +6. To assess and classify the volunteer and the volunteering teams in keeping up with the +volunteer work. +7. To receive the complaints from the volunteers and the volunteering teams and against +them. +8. It is prohibited for the volunteers or the volunteering teams to raise funds or allow to be +raised or declared through any mean unless under the prior consent of the Ministry. +The Executive Regulation of this Law shall specify the means and disciplines of applying the provision of this Article. + +" +family and community,Federal Law No. (13) of 2018 on the Volunteer Work,"Article (14) +Volunteering in the emergency, crisis and disasters +1. The National Emergency and Crisis and Disasters Management Authority shall undertake the coordination of the roles of the authorities regulating the volunteer work +and supervise them in the emergency, crisis and disasters cases. +2. The authorities regulating the volunteer work shall be committed to the resolutions and +instructions issued by the National Emergency and Crisis and Disasters Management +Authority in the emergency, crisis and disasters cases. + +" +family and community,Federal Law No. (13) of 2018 on the Volunteer Work,"Article (15) +Practising the volunteer work outside State +The Executive Regulation of this Law shall specify the terms and disciplines of practising any +volunteer work outside State. + + + +Federal Law No. (13) of 2018 on the Volunteer Work 8 + " +family and community,Federal Law No. (13) of 2018 on the Volunteer Work,"Article (16) +Sanctions +Upon the vio lation of the volunteer or the regulator of the volunteer work to provisions of +Articles (4), (5), (10) and (11) and Clauses (1, 2, 3, 6, 7, 8, 9, 10 and 11) of article (12) of this +Law, the Ministry may take any of the following procedures: +1. Warning. +2. Written warning. +3. Removing the violations and its effects at the cost of the violators. +4. Suspending the volunteer of the volunteering team or the regulator of the volunteer +work for the period specified by the Ministry. +5. Cancelling the volunteer or the volunteering team or the regulator of the volunteer work +from the registry. +The Executive Regulation of this Law shall determine the procedures necessary for the +imposing the sanctions. + +" +family and community,Federal Law No. (13) of 2018 on the Volunteer Work,"Article (17) +Punishments +1. Punishments stipulated in this Law shall not prejudice to any more severe punishment stipulated by any other law. +2. Everyone practises the volunteer work inside or outside the state in violation to +provisions of this Law and its Executive Regulation shall be punished of a penalty of no +less than (10.000) ten thousand Dirhams and no more than (100.000) one hundred +thousand Dirhams. +3. Everyone discloses confidential information or data that he got while performing his +volunteering tasks shall be punished of a penalty of no more than (30.000) thirty +thousand Dirhams. +4. Everyone raises funds for the volunteering matters without the consent of the Ministry +in violation to provisions of this Law shall be punished of a penalty of no less than +(50.000) fifty thousand Dirhams. +Federal Law No. (13) of 2018 on the Volunteer Work 9 + " +family and community,Federal Law No. (13) of 2018 on the Volunteer Work,"Article (18) +Charter of Volunteer Work +The Minister shall issue the charter of the volunteer work as well as the resolutions +necessary for the enforcement of the provisions of this Law. + +" +family and community,Federal Law No. (13) of 2018 on the Volunteer Work,"Article (19) +Executive Regulation +The Cabinet shall issue the Executive Regulation of this Law, upon a proposal from the Minister, within three months as of the date of its publication. + +" +family and community,Federal Law No. (13) of 2018 on the Volunteer Work,"Article (20) +Repeals +Any provision contrary to or inconsistent with the provisions of this Law shall be repealed. + +" +family and community,Federal Law No. (13) of 2018 on the Volunteer Work,"Article (21) +Publication and Enforcement +This Law shall be published in the official Gazette and shall come into force three months +after the date its publication. + + +Khalifa Bin Zayed Al Nahyan +President of The United Arab Emirates + +Issued by Us at the Presidential Palace in Abu Dhabi: +Dated: Rabi' II 10, 1440 AH +Corresponding to: December 18, 2018 + + " +family and community,Federal Decree Law No. (51) of 2022 Regulating Nurseries,"Article (1) Definitions +In application of the provisions of this Law by Decree, the following words and phrases shall +have the meanings assigned thereto, unless the context otherwise requires: +State : The United Arab Emirates. +Ministry : Ministry of Education . +FAEE : Federal Agency for Early Education. +FAEE Chairman : Chairman of the Federal Agency for Early Education. +Concerned +Authorities : The government authorities concerned with regulating nurseries in terms +of social, cultural, regulatory, health o r security aspects, or the authorities +authorised to issue commercial licen ses to nurseries to practic e their +education activities, each within its jurisdiction. +Child : Every child from the age of one day to the age of four (4) calendar +years. +Nursery +Activities : Programmes and activities related to the care and follow -up of children, +with all their health and educational aspects, and the development of their +physical, cognitive, linguistic, emotional and social abilities. +Private +Nurseries : Every facility specialised in providing child care services, established and +supervised by a private natural or legal person, including nurseries attached +to private schools and nurseries at workplaces. +Care Rooms : A place designated for receiving and caring for children from their birth +until they compl ete two years of age. +Licen se : A document issued by the FAEE to practise nursery activities in accordance +with the provisions of this Law by Decree. +Professional +Licen se : A document issued by the Ministry to personnel working in the field of +education in accordance with the legislation in force in this regard. + +Federal Decree Law No. ( 51) of 2022 Regulating Nurseries 3 Executive +Regulations : The Executive Regulation issued in implementation of the provisions of this +Law by Decree . + +" +family and community,Federal Decree Law No. (51) of 2022 Regulating Nurseries,"Article (2) Law by Decree Objectives +This Law by Decree shall aim to achieve the following: +1. Caring for children and qualifying them socially, morally, educationally, psychologically +and physically, and giving them a healthy upbringing. +2. Regulating the activities and care services provided by nurseries, which will improve the +child's quality of life. +3. Governance of the work of nurseries in the State. + +" +family and community,Federal Decree Law No. (51) of 2022 Regulating Nurseries,"Article (3) Law by Decree Scope of Application +1. The provisions of this Law by Dec ree shall apply to all nurseries in the State. +2. Nurseries that are specified by a resolution issued by the Cabinet shall be excluded from +the application of some provisions of this Law by Decree. + +" +family and community,Federal Decree Law No. (51) of 2022 Regulating Nurseries,"Article (4) Licen se +1. The FAEE is responsible for issuing licen ses for nurseries. +2. It is prohibited for any natural or legal person to carry out any nursery activities or operate any establishment to carry out these activities unless obtaining a licen se to do so +from the FA EE. +3. The Executive Regulation shall specify the procedures for issuing, renewing and cancelling nursery licens es. +4. As an exception to the provisions of Clause (1) of this Article, nurseries attached to +private schools shall be licensed in accordanc e with the provisions of the +aforementioned Federal Law by Decree No. (18) of 2020 Concerning Private Education, +in coordination with the FAEE. + +Federal Decree Law No. ( 51) of 2022 Regulating Nurseries 4 " +family and community,Federal Decree Law No. (51) of 2022 Regulating Nurseries,"Article (5) Conditions for the Licen se +The following requirements are required to obtain a nursery licens e: +1. Submitting an application to obtain a licen se to the FAEE, including all documents and +instruments as specified by the Executive Regulation. +2. Obtaining the required approvals from the Concerned Authorities. +3. The nursery must have a distinguished name in accordance with the controls specified +by the Executive Regulation. +4. The nursery's location and building must comply with the standards and requirements +specified by the Executive Regulation. +5. Appointing a manager to manage the nursery who meets the requirements specified by the Executive Regulation. +6. Any other requirements determined by the FAEE. + +" +family and community,Federal Decree Law No. (51) of 2022 Regulating Nurseries,"Article (6) Conditions for Natural Licen se Applicant +If the licen se applicant is a natural person, the following must be fulfilled: +1. He must not be less than twenty -five (25) years old. +2. He must have full civil capacity. +3. He must have not been convicted of a custodial penalty in a felony or misdemeanour +against honour or trust, unless he has been rehabilitated. +4. He must have obtained the required formal approvals. +5. He must be able to fulfil the financial obligations of the nursery, in accordance with what is specified in the Executive Regulation. +6. Any other requirements determined by the Executive Regulation. + +" +family and community,Federal Decree Law No. (51) of 2022 Regulating Nurseries,"Article (7) Conditions for Legal Licen se Applicant +If the licen se applicant is a legal person, the following must be fulfilled: + +Federal Decree Law No. ( 51) of 2022 Regulating Nurseries 5 1. It must be licensed by the Concerned Authorities, and one of the purposes of its +establishment must be to establish and manage a nursery. +2. It must be able to fulfil the financial obligations of the nursery, in accordance with what +is specified in the Executive Regulation. +3. All partners must fulfil the conditions stipulated in Clauses (1, 2, 3 & 4) of article (6) of +this Law by Decree. +4. It must have a natural person as his representative, who fulfils the conditions stipulated in clauses (1, 2, 3 & 4) of article (6) of this Law by Decree. +5. Any other conditions determined by the Executive Regulation. + +" +family and community,Federal Decree Law No. (51) of 2022 Regulating Nurseries,"Article (8) Amending or Assigning Licen se Data +It is not permissible to assign the licen se or amend the licensed activity except after the +FAEE's approval. The Executive Regulation shall specify the conditions and procedures for amending or assigning the lic ense data. + +" +family and community,Federal Decree Law No. (51) of 2022 Regulating Nurseries,"Article (9) Nursery Obligations +The nursery is committed to the following: +1. Not to change the name of the nursery, its address, the licens e partners, its building, or +its facilities, or to make any fundamental modification to its activities except after the +FAEE's approval. +2. Accepting and enrolling all children without discrimination on the basis of race, gender, +religion, social level, etcetera. +including children with individual needs and disabilities. +3. Ensuring that the personnel have a professional licen se and any other licen ses that may +be requested by the Concerned Authorities in accordance with the controls in force by those authorities. +4. Providing all educational, administrative, health and environmental requirements within +the nursery headquarters, in accordance with what is specified in the Executive + +Federal Decree Law No. ( 51) of 2022 Regulating Nurseries 6 Regulation. +5. Providing the qualified environment and supportive programmes to accept and care for +children with special needs in accordance with the controls specified by the Executive +Regulation. +6. Establishing internal by -laws for the nursery in accordance with what is specified in the +Executive Regulation. +7. Fulfilling building requirements, and nec essary specifications and standards, and +security and safety conditions for buildings, external spaces, and interior spaces, and materials used in making tools, furniture, toys, means, machines, and devices for each +activity in accordance with what the FAE E determines. +8. Fulfilling the conditions and requirements related to the use of means of transportation +in accordance with the legislation in force in this regard. +9. Protecting the children enrolled therein, including children with disabilities, and +maintaining their safety inside the nursery facilities and buses or during any activity it carries out outside it. +10. Maintaining the confidentiality of data and information related to children, and not publishing or sharing them except in accordance with the controls determined by the +FAEE. +11. Providing the FAEE with the data and information it requests. +12. Facilitating the tasks of employees authorised by the Ministry or FAEE and other Concerned Authorities, as the case may be, to carry out evaluation and oversight work. +13. Creating records and files on children and their workers, in accordance with what is specified in the Executive Regulation. +14. Maintaining public order, public morals, UAE values and traditions, and national +identity. +15. Not to place pictures or paintings of figures or symbols other than the leaders of the State. +16. Not to exploit nursery facilities for purposes other than their licensed purposes, and not +to carry out any additional activities without the FAEE's approval. +17. Any other obligations determined by the FAEE pursuant to the resolutions issued +thereby. + +Federal Decree Law No. ( 51) of 2022 Regulating Nurseries 7 " +family and community,Federal Decree Law No. (51) of 2022 Regulating Nurseries,"Article (10) Private Nurseries +1. Subject to the obligations stipulated in this Law by Decree, private nurseries must +commit to the following: +a. Obtaining the FAEE's accreditation for the educational curriculum. +b. Commitment to teaching the Arabic language, Islamic education, national identity, +and knowledge of UAE culture and environment. +c. Not to make any amendment to the approved educational curriculum or teach any +other curriculum in addition to the approved educational curriculum, except after +the approval of the FAEE. +2. The Cabinet may, upon the proposal of the FAEE Chairman, issue a resolution specifying the controls for implementing Clause (1) of this Article. + +" +family and community,Federal Decree Law No. (51) of 2022 Regulating Nurseries,"Article (11) Nursery Enrolment Fees +1. The FAEE shall approve the fees charged by nurseries upon granting a licen se, in +accordance with the controls specified by the Executive Regulation. +2. Nurseries are prohibited from changing the fees they charge or imposing any additional +fees on their activities without obtaining the FAEE's approval. + +" +family and community,Federal Decree Law No. (51) of 2022 Regulating Nurseries,"Article (12) Personnel Affairs +1. The personnel working in the nursery are subject to the legislation in force in the State. +2. The nursery is committed to creating a special file for each of its workers, accompanied +with their academic qualifications, experience certificate, employment contract, a copy +of their passport, and their annual reports, includ ing performance evaluation reports, the +violations they committed, the penalties that were imposed applied thereon, and any +other documents specified by the FAEE. +3. The nursery must notify the FAEE of a replacement candidate for the nursery manager in +the event that his position becomes vacant, for any reason. + + +Federal Decree Law No. ( 51) of 2022 Regulating Nurseries 8 " +family and community,Federal Decree Law No. (51) of 2022 Regulating Nurseries,"Article (13) Personnel Ethics Document +The FAEE shall issue an ethics document that includes the controls, values, and +responsibilities by which all personnel working in nurseries shall comply. + +" +family and community,Federal Decree Law No. (51) of 2022 Regulating Nurseries,"Article (14) Oversight +1. The FAEE is responsible for monitoring nurseries' compliance with the provisions of this +Law by Decree, its Executive Regulation, and other resolutions issued by the Concerned +Authorities, in accordance with the controls and standards issued by the FAEE in this +regard. +2. As an exception to the provisions of Clause (1) of this Article, nurseries attached to +private schools are subject to compliance oversight in accordance with the approved +national framework for compliance. + +" +family and community,Federal Decree Law No. (51) of 2022 Regulating Nurseries,"Article (15) Evaluation of Performance Quality +1. The National Centre for Educational Quality, in coordination with the FAEE, is responsible for developing unified standards to evaluate the quality of the nurseries' +performance within the approved national framework for evaluating the quality of +education. +2. The National Centre for Educational Quality, or the educational body, in coordination +with the FAEE, is responsible for implementing programs to evaluate nurseries' performance, prepare reports on the results, and propose development +recommendations. +3. The Executive Regulation shall specify the procedures and measures to be taken towards +nurseries based on the results of evaluating the quality of their performance. + +" +family and community,Federal Decree Law No. (51) of 2022 Regulating Nurseries,"Article (16) Grants and Donations +Nurseries are prohibited from carrying out the following activities, without the FAEE's + +Federal Decree Law No. ( 51) of 2022 Regulating Nurseries 9 approval: +1. Collecting donations, receiving aid or gifts from natural or legal persons, or disposing of +any of them, whether inside or outside the State. +2. Provi ding financial support to any party, whether inside or outside the State. + +" +family and community,Federal Decree Law No. (51) of 2022 Regulating Nurseries,"Article (17) Violations and Penalties +1. Anyone who violates the provisions of this Law by Decree or the Resolutions issued in implementation thereof shall be punished by any of the following administrative +sanctions: +a. Warning. +b. Administrative fine not exceeding two hundred thousand (20 0,000) AED. +c. Temporary closure or suspension of activity for a period not exceeding one year. +d. Final closure. +2. Violations and administr ative sanctions for acts committed in violation of the provisions +of this Decree by Law and the resolutions issued in implementation thereof, and the +authorities that impose penalties, and the mechanism of grievance against them, and the +authority concerne d with collecting administrative fines, shall be specified by virtue of a +resolution issued by the Cabinet based on the proposal by the FAEE Chairman and after +coordination with the Ministry of Finance. +3. The FAEE may close the nursery permanently and immediately if it commits any acts that violate public order or public morals, or if they are harmful to public security in the State +or violate security, health, and safety requirements. The FAEE may impose t he +administrative fine stipulated in Paragraph (B) of Clause (1) of this Article. +4. The imposition of the administrative sanctions stipulated in this Article shall not +prejudice the criminal or civil liability that may arise from the same incident subje ct of +the violation. + +" +family and community,Federal Decree Law No. (51) of 2022 Regulating Nurseries,"Article (18) Penalties +Without prejudice to any severer penalty stipulated in any other law, a penalty of + +Federal Decree Law No. ( 51) of 2022 Regulating Nurseries 10 imprisonment for a period not exceeding one year and/or a fine not less than ten thousand +(10,000) AED and not exceeding one million (1,000,000) AED, shall be imposed on anyone +who: +1. Carries out any nursery activities or operates any facility to carry out those activities +without obtaining a licen se to do so from the FAEE or any authority authorised to +exercise the FAEE's competence. +2. Assigns the nursery licens e or amends the licensed activity without the approval of the +FAEE or any authority authorised to exercise the FAEE's competence. +3. Change the value of the fees charged by the nursery or impose any additional fees +without obtaining the approval of the FAEE or any authority authorised to exercise the +FAEE's competence. +4. Collects donations or receiving aid or gifts from natural or le gal persons or dispose of any +of them or provides financial support to any party, whether inside or outside the State, +without obtaining the approval of the FAEE or any authority authorised to exercise the +FAEE's competence. + +" +family and community,Federal Decree Law No. (51) of 2022 Regulating Nurseries,"Article (19) Judicial Enforcement +The employees designated by a resolution issued by the Minister of Justice, based on a recommendation from the FAEE Chairman, shall have the capacity of judicial enforcement +officers in proving all violations of the provisions of this Law, its Executive Regulation and +the resolutions issued in the implementation thereof, within their jurisdiction. + +" +family and community,Federal Decree Law No. (51) of 2022 Regulating Nurseries,"Article (20) Reconciliation +All nurseries must reconcile their conditions in accordance with the provisions of this Law +by Decree, its Executive Regulation, an d the resolutions issued in implementation thereof +within one year as of the effective date of its provisions. + + + +Federal Decree Law No. ( 51) of 2022 Regulating Nurseries 11 " +family and community,Federal Decree Law No. (51) of 2022 Regulating Nurseries,"Article (21) Fees of Services +The Cabinet shall, upon the proposal of the Minister of Finance, issue a resolution +determining the fees due for th e services provided by the FAEE within the scope of its +jurisdiction to implement the provisions of this Law by Decree and its Executive Regulation. + +" +family and community,Federal Decree Law No. (51) of 2022 Regulating Nurseries,"Article (22) Delegation of Competences and Outsourcing +Duties and Services +The FAEE may, up on the approval of the Cabinet, delegate some of its competences to any +federal or local government authority. The FAEE may also outsource some of its tasks and +services to any other government or private authority upon the approval of the Cabinet. + +" +family and community,Federal Decree Law No. (51) of 2022 Regulating Nurseries,"Article (23) Executive Regulation +The Cabinet shall, upon the FAEE Chairman's proposal and after coordination with the +Educational Authorities, issue the Executive Regulation. + +" +family and community,Federal Decree Law No. (51) of 2022 Regulating Nurseries,"Article (24) Executive Resolutions +Without prejudice to the competences of the Cabinet contained in this Law by Decree, the FAEE Chairman shall issue the necessary resolutions to implement the provisions of this Law +by Decree. +" +family and community,Federal Decree Law No. (51) of 2022 Regulating Nurseries,"Article (25) Repeals +1. Federal Law No. (5) of 19 83 Concerning Nurseries shall be repealed, as well as any +provision that violates or contradicts the provisions of this Law by Decree. +2. The regulations and resolutions issued prior to the entry into force of t he provisions of +this Law by Decree shall remain in force, to the extent that do prejudice its provisions, +until the issuance of the resolutions required for the implementation of its provisions. + + +Federal Decree Law No. ( 51) of 2022 Regulating Nurseries 12 " +family and community,Federal Decree Law No. (51) of 2022 Regulating Nurseries,"Article (26) Publication and Enforcement of Law by Decree +This Law by Decree shall be published in the Official Gazette and shall enter into force as of +2 January 2023. + + + +Signed +Mohammed Bin Zayed Al Nahyan +President of the United Arab Emirates +Issued by us at the Palace of the Presidency in Abu Dhabi: +Dated: 5 October 2022 AD +Corresponding to: 9 Rabi' I 1444 H + + " +family and community,Federal Decree-Law No. (41) of 2022 On the Civil Personal Status,"Article (1) +The Scope of Application of the Decree -Law +1. The provisions of this Decree -Law shall apply to non -Muslims who are national citizens +of the United Arab Emirates, and to non -Muslim foreigners residing in the state, unless +any of them adheres to the application of the law of their home country, with regard to +the articles of marriage, divorce, inheritance, wills, and proof of parentage, without +prejudice to the provisions of Articles (12), (13), (15), (16), and (17). of Federal Law No. +(5) of 1985 referred to above. +2. The persons governed by the provisions of this Decree -Law as named in Clause (1) of this +Article may agree to apply other legislation regulating the family or personal status +matters currently in force in the State instead of applying the provisions of this Decree - +Law. +3. The pr ovisions of this Decree -Law shall apply to all incidents that occur after the entry into +force of these provisions. + +" +family and community,Federal Decree-Law No. (41) of 2022 On the Civil Personal Status,"Article (2) +Calculation of Durations +The Gregorian calendar shall be used for calculating the periods of time stipulated in this Federal Decree- Law No. (41) of 2022 On the Civil P ersonal Status + 3 Decree- Law. + +" +family and community,Federal Decree-Law No. (41) of 2022 On the Civil Personal Status,"Article (3) +Cases of Exception from Referral to Family Guidance +Divorce proceedings filed in accordance with the provisions of this Decree Law shall be +excluded from being referred to Family Guidance Committees, and instead, shall be presented +directl y to the court to render a judgment thereon at the first hearing. + +" +family and community,Federal Decree-Law No. (41) of 2022 On the Civil Personal Status,"Article (4) + Equality between Men and Women as to Rights and Duties +The application of the provisions of this Decree Law shall take into account equality between +women and men in terms of rights and duties, and this shall apply in any way particularly in +respect of the following matters: +1. Testimony Equality: While giving testimony before the court, the woman shall receive the +same treatment that is typically given to the man in terms of the probative value of +testimony, without discrimination; +2. Inheritance: Inheritance shall be equally distributed between men and women in +accordance with the provisions of this Decree -Law; +3. The right to request divorce : That both the husband and wife may unilaterally demand +that divorce be established by the court without prejudice to their rights related to divorce; +4. Joint custody: that a woman and a man shall have an equal right to assume joint custody +of the minor child until the latter reaches the age of (18) eighteen years, after which the +child shall have the freedom of choice. + Federal Decree- Law No. (41) of 2022 On the Civil P ersonal Status + 4 Chapter Two +Provisions of Civil Marriage +" +family and community,Federal Decree-Law No. (41) of 2022 On the Civil Personal Status,"Article (5) + Civil Marriage +For a civil marriage contract to be established, the following con ditions shall be met: +1. That both the husband and wife have attained at least (21) twenty -one Gregorian years, +and that the age is established by any official document issued by the State of their +nationality; +2. That the marriage shall not take place between b rothers, sons, grandchildren, uncles or +aunts, and any other cases specified by the Executive Regulations; +3. That the married couple explicitly express their consent to marriage before the Authentication Judge, and that there is nothing that legally discredit their consent; +4. The married couple must sign the disclosure form; +5. Any other conditions specified by the Executive Regulations of this Decree -Law. + +" +family and community,Federal Decree-Law No. (41) of 2022 On the Civil Personal Status,"Article (6) +Civil Marriage Contract Procedures and Authentication +1. Marriage procedures may be conclu ded before the authentication judge with the +competent court, by submitting an application in accordance with the standard form prepared for this purpose, subject to the other conditions and procedures stipulated in this +Decree- Law and its Executive Regulations. +2. The marriage shall be established by the married couple filling out the form prepared for +this purpose before the authentication judge, and the married couple have the right to +agree on the terms of the contract, and that both married couple shall invoke the Federal Decree- Law No. (41) of 2022 On the Civil P ersonal Status + 5 provisions of this contract concerning the rights of the husband and wife during the +marriage period and the post -divorce rights, and in particular the joint custody of the +children. +3. The marriage contract form shall include a disclosure b y each of the married couple of the +existence of any other prior marital relationship established by either of them, indicating +the date of divorce, if any, and the wife's acknowledgment that there is no existing marital +relationship, taking into account t hat the husband shall submit this acknowledgment if +his legislation does not allow him Polygamy and that, in all cases, the husband shall disclose any existing marital relationship before the authentication judge. +4. The contract shall include a proof of cons ent of each of them, verbally or in writing. +5. The Executive Regulations of this Decree -Law shall specify the approved bilingual +contract form for civil marriage. +6. Having verified that all conditions for a civil marriage contract and that the procedures stipu lated in this article are satisfied, the authentication judge shall authenticate the +marriage contract which shall be recorded in the register prepared for this purpose. + +Chapter Three +Divorce and its Procedures +" +family and community,Federal Decree-Law No. (41) of 2022 On the Civil Personal Status,"Article (7) +Divorce by Unilateral Will +In order for the court to pronounce a judgment of divorce, it shall be sufficient for either of +the married couple to express his / her wish to get separated and not to continue the conjugal +relationship, without having to justify that desire, to specify the aspects of harm, or to lay the +blame on the other party. Federal Decree- Law No. (41) of 2022 On the Civil P ersonal Status + 6 +" +family and community,Federal Decree-Law No. (41) of 2022 On the Civil Personal Status,"Article (8) +Divorce Procedures +Either of the married couple may request divorce with no need to prove the harm, in +accordance with the form prepared for this purpose, and the divorce shall take place by virtue +of a court decision after the other party is duly served. + +" +family and community,Federal Decree-Law No. (41) of 2022 On the Civil Personal Status,"Article (9) +Divorcee's Alimony +The divorced woman may submit a request to the court, after the judgment granting divorce is rendered, seeking a judgment of alimony from her ex -husb and, and any claims subsequent +to divorce before the court shall be added in accordance with the form prepared for this purpose. In the event that there is no agreement on the conditions or controls of such alimony +or the other financial claims in the marr iage contract, the granting of the application and its +duration shall be subject to the discretion of the judge after evaluating the following factors: +1. The number of years of marriage, so that the larger number of years of marriage shall give rise to large r amounts of alimony; +2. The age of the wife, so that the value of alimony decreases with the decrease in the age of the wife, and vice versa; +3. The financial situation of each of the married couple, in accordance with a report prepared by an accounting expert who is delegated by the court to assess the economic position of +each of the married couple; +4. The extent of the husband's contribution to the divorce through negligence or error, or his +commission of any act leading to the divorce; Federal Decree- Law No. (41) of 2022 On the Civil P ersonal Status + 7 5. Compensation of either of the married couple to the other for any physical or moral harm +caused thereto as a result of the divorce; +6. Financial damage incurred by either of the married couple as a result of the application to +grant divorce by unilateral will; +7. The father shall be liable for the expenses and costs of the mother's custody of the children +during joint custody, for a temporary period not exceeding two years in accordance with +the findings of the accounting expert's report; +8. Whether or not the wife is interested in taking care of the children; +9. In all cases, the wife's alimony shall lapse in the event that she gets married to another +man, and in the event that her custody of the children ends for any reason, and that a new +application may be submitted to amend the alimony af ter each year or in accordance with +the changing circumstances. + +Chapter Four +Custody of Children +" +family and community,Federal Decree-Law No. (41) of 2022 On the Civil Personal Status,"Article (10) +Joint Custody +1. Custody of children is a joint and equal right of both the father and mother after the occurrence of the divorce. It is also a rig ht for the children not to live under the control of +a single parent without the other, for raising and dealing with the child, in order to preserve the psychological health of the child in custody and limit the effects of divorce on the children. +2. A genera l principle in the custody of the children is the participation of the father and the +mother together in the responsibility of raising the children after the divorce, unless the +two parties submit a request to the court to establish custody for the parent who is worthy Federal Decree- Law No. (41) of 2022 On the Civil P ersonal Status + 8 of fulfilling the interests of the child subject to custody, one of them submits a written +waiver to the court of his right to custody , a parent submits a request to the court to remove the other parent from joint custody and drop his right to custody for any reason +acceptable to the court, such as symptoms of eligibility, the danger of the person's +participation in custody, or the failure of the joint custodian to perform his duties. In +keeping with this, the Executive Regulations of this De cree- Law shall set out the cases of +removing the other party from custody and forfeiting his right to it. +3. In the case of a dispute between both parents over an issue related to joint custody, either +parent shall be entitled to apply to the court in accordance with the relevant form to +challenge the position of the other parent ask the court to decide on the matter subject matter of dispute. +4. The court shall have a discretionary power to decide a particular course of action in the +best interest of the child under custody, based on the request of either parent after divorce. + +Chapter Five +Estates and Wills +" +family and community,Federal Decree-Law No. (41) of 2022 On the Civil Personal Status,"Article (11) +Distribution of Estate +1. The testator shall have the right to leave a will with the entire property he owns in the +State in favor of anybody he wants in accordance with the controls specified by the +Executive Regulations of this Decree -Law. +2. In the absence of a will, half of the inheritance shall devolve to the husband or wife, and +the other half shall be distributed equally among the ch ildren with no differentiation +between male and female. If the deceased has no children, the legacy shall devolve to the +parents of the deceased if they are alive equally or half of the legacy shall devolve to either Federal Decree- Law No. (41) of 2022 On the Civil P ersonal Status + 9 of the parents in the case the other parent has died, while the other half shall devolve to +the brother and sisters thereof. In absence of such situations all the legacy shall devolve to either parent in absence of the testator's other parent, spouse, children or brothers and +sisters. In the ev ent of absence of both parents, the entire legacy shall devolve into the +testator's brothers and sisters where it shall be divided on equal basis without differentiation between males and females. +3. Notwithstanding the provisions of Clause (2) of this Article, any of the foreigner's heirs +may request the application of the law applicable to the estate in accordance with the +provisions stipulated in the Civil Code, unless there is a registered will to the contrary. + +" +family and community,Federal Decree-Law No. (41) of 2022 On the Civil Personal Status,"Article (12) +Procedures for Opening a nd Distributing the Estate File +The Cabinet shall issue an inheritance procedures manual for those addressed by the provisions of this Decree -Law. + +" +family and community,Federal Decree-Law No. (41) of 2022 On the Civil Personal Status,"Article (13) +Wills Registration Procedures +1. The wills of the persons governed by the provisions of this Decr ee-Law shall be recorded +in the register prepared for this purpose in accordance with the procedures specified by +the Executive Regulations of this Decree -Law. +2. The married couple may fill out a will registration form during the signing of the marriage +cont ract to indicate how the property will be distributed in the event of the death of either +of them. + Federal Decree- Law No. (41) of 2022 On the Civil P ersonal Status + 10 Chapter Six +Establishment of Parentage +" +family and community,Federal Decree-Law No. (41) of 2022 On the Civil Personal Status,"Article (14) +Establishment of Newborn's Parenthood +1. The parentage of the child shall be established by marriage or by the acknowledgment of +the father and mother, and the child's birth certificate shall be issued in accordance with +the legislation in force in this regard. +2. The court may order a DNA test to be conducted, in accordance with the rules regulating that, and sh all only issue an order establishing parentage after verifying the following: +a. The child is of an unknown parentage. +b. That the age difference is likely to establish the child's relationship with the claiming +person. +3. The Cabinet may, based on the proposal of the Minister of Justice, issue a resolution +regulating the procedures and provisions for adoption and surrogate families and its implications + +Chapter Seven +Final provisions +" +family and community,Federal Decree-Law No. (41) of 2022 On the Civil Personal Status,"Article (15) +Matters not Specifically Provided +The laws and legislation in force in the State shall apply to matters not specifically provided for in this Decree -Law. + +" +family and community,Federal Decree-Law No. (41) of 2022 On the Civil Personal Status,"Article (16) Federal Decree- Law No. (41) of 2022 On the Civil P ersonal Status + 11 Executive Regulations +The Cabinet will issue the Executive Regulations for this Decree Law. + +" +family and community,Federal Decree-Law No. (41) of 2022 On the Civil Personal Status,"Article (17) +Repeals +Any provision that goes against or contradicts the provisions of this Decree -Law shall hereby +be repealed. + +" +family and community,Federal Decree-Law No. (41) of 2022 On the Civil Personal Status,"Article (18) +Publication and Entry into Force of this Decree -Law +This Decree -Law shall be published in the Official Gazette and shall enter into force as of +February 1, 2023. + +The Presidential Office +Mohamed bin Zayed Al Nahyan +President of the United Arab Emirates +Issued by us on the Presidential Palace in Abu Dhabi +On 7 Rabi' Al -Awwal 1444 (AH) +Corresponding to 3 October 2022 (AD) " +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (1) +Definitions +In th is law, the following words and phrases shall have the meanings respectively assigned +to them unless the context otherwise requires: +State + : + The United Arab Emirates + +Ministry + : + The Ministry of Social Affairs + +Minister + : + The Minister o f Social Affairs + +Competent +authorities + : + Federal and local competent authorities with applying the +provisions of this law. + +The disable + : + Any person suffering from total or partial deficiency or disorder, +permanently or temporarily, in his physical, sensation, mental, +communicative, educational or psychological abilities to an +extent reducing the possibility of meeting his normal +requirement s in conditions of his peers without special needs. + +Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs 3 + Card + : + A personal card granted by the ministry to the disable and +considered an official document to ensure its holder the rights +and services set forth in this law and the executive regulations +and d ecisions thereof. + +Discrimination + : + Any distinction, exclusion or restriction due to special needs that +results in prejudicing, canceling, enjoying or exercising on an +equal footing any of the rights prescribed under operative +legislations in the state. + +" +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (2) +This law aims to secure the rights of the disables and provide all services within the limits of +allowable abilities and capabilities. However, special needs may not form a reason for +preventing the sufferer from securing such rights or services especially in the field of social, +economic, health, educational, occupational, cu ltural and recreational care and services. + +" +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (3) +The state shall secure equality for the disable with his peers without special needs and +non -discrimination due to special needs in all its legislations. The state shall also guarantee +such equality and non -discrimination in all its policies and programs of economic and social +development, and take appropriate measures to prevent discrimination on grounds of +disability. + + +Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs 4 + " +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (4) +The ministry shall prepare, in coordination with the competent aut horities, awareness +programs for the disable, his family and local environment in respect of whatever concerns +the rights stipulated in this law and other legislations and the services provided for him. + +" +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (5) +No provision, criterion or practice bas ed on valid grounds shall be considered +discrimination. The state shall guarantee all necessary measures to ensure that the disable +enjoys his rights and freedoms and prevent any attack thereon and that he is arbitrarily deprived of them. + +" +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (6) +The state shall ensure legal assistance for the disable in all cases where his freedom is restricted for any legal reason. Any decision restricting such freedom shall require: +1. Showing the disable a humane treatment considering his condition and needs in such +capacity. +2. Giving him any necessary information and details related to the reasons for restricting his +freedom. +3. Offering him the appropriate assistance if he is unable to pay the judicial fees, expenses or fines in the manner determined by the d ecision of the Cabinet. + +" +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (7) +The state shall secure the exercise by the disable of his right of expression and express his +opinion using Brail method, the sign language and other means of communication, and his +right to request, receive and transm it information on an equal footing with others. +Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs 5 + +" +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (8) +The law shall provide the disable with the protection necessary for his correspondence, +medical reports and personal matters. The executive regulations hereof shall determine the +controls and me chanisms of the said protection. + +" +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (9) +The ministry shall establish - in coordination with the competent authorities - care, training +and qualification centers, institutions and institutes for the disables. Such centers, +institutions and institutes shall assume the following functions: +A. Qualifying disables for social adaptation and amalgamation. +B. Providing education for disables. +C. Providing vocational training programs for disables. +D. Training the families of disables in dealing with such pers ons. + +Part Two +Rights of persons with special needs +" +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (10) +Every UAE national with a disability or disabilities shall have the right to health and +rehabilitation and support services provided at the expense of the state, including: +A. Surgical operations, whether resulting from special needs or not, including transplant, +treatment of ulcers, limb refinement, treatment at specialist and other centers for intense or +normal cases, including the provision of all equipment, instruments, aids and other +necessities for successful operations, permanently or temporarily. +B. Examinations and treatment by general practitioners, specialists, consultants, dentists, +Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs 6 + mental evaluation, audio -graphy, radiation, lab analyses and medicines. +C. Rehabilitat ion and specialized treatment, internal and external, including physiotherapy, +practical therapy, articulatory, audio and psychological therapy. +D. Technological aids and auxiliary systems including mobile and immobile compensatory +systems (limbs, hearing sets, artificial eyes, etc), rectifying shapes, movement aids (moving +chairs, sticks, walking sticks, etc.), ulcers prevention and all tools used in surgical operations. + +" +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (11) +Formation by a Cabinet decision a committee called the ""Specialized Com mittee for Health +Services and Rehabilitation for the Disables"", under the chairmanship of the Undersecretary +of Health and membership of representatives of competent authorities. The Minister shall +issue a regulation governing the work and meetings of the committee. +The committee shall, in particular: +1. Provide diagnostic, therapic, qualifying services and develop existing health programs and +services to improve the wellbeing of the disables. +2. Design programs for early detection, diagnosis, awareness an d health education, and +provide early specialized intervention in the field of disabilities. +3. Provide, train and qualify human resources specialized in disabilities of all types. +4. Prepare national studies to identify the reasons for, consequences, meth ods of prevention +of disabilities and generalize the same to the competent authorities of the state. +5. Submit periodical reports to the Minister in preparation for submission to the Cabinet to take whatever is deemed appropriate. + +" +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (12) +The state shall guarantee the disable equal educational opportunities at all institutions of +Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs 7 + education, vocational training, adult education and continuous education in regular or +special classes if required, and provide a curriculum in sign language, Brail method or any other appropriate means. +Disabilities shall not in themselves constitute reasons for preventing their sufferers from +applying for affiliation to, joining or admission to any educational institution of any type, +public or private. + +" +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (13) +The Ministry of Education and the Ministry of Higher Education and Scientific Research shall +take appropriate measures jointly with the competent authorities to provide educational +diagnoses and academic curricula, means and technologies available for educational +purposes, provide alternative methods to enhance communication with disables, develop alternative strategies for education, material environment and other necessary means for +securing full participation of students with disabilities. + +" +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (14) +The Ministry of education and the Ministry of Higher Education and Scientific Research +shall, in cooperation with the competent authorities, provide academic specializations to +prepare workers for dealing with disables and their families in the field s of diagnosis, early +diagnosis, educational, social, psychological, medical and professional qualification and +guarantee the provision of training programs during service to provide workers with +advanced expertise and knowledge. + +" +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (15) +Formation a Cabinet decision a committee called the ""Specialist Committee for the +Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs 8 + Education of Disables"" chaired by the Undersecretary of Education and membership of +representatives of the competent authorities. The Minister of Education shall issue a regulation gove rning the work and meetings of the committee. +The committee shall, in particular: +1. De sign executive programs to guarantee equal education opportunities for disables from +early childhood at all educational institutions in their classes or specialized educational units. +2. Develop a methodological structure for educational programs and prepare educational plans consistent with the spirit of the age and technological advancement in line with +developmental and psychological traits of disables. +3. Regulate all matters relating to the education of disables including programs, methods, +conditions of joining regular classes and examinations. +4. Draw policies to qualify and train human resources in education to the benefit of disables. +5. Offer technical, technological and educational consultations and assistance to any +educational institutions desir ing to receive disables, examine the financial requirements in +relation to equipment, technologies and qualification of the educational institution environment. +6. Submit periodical reports to the Minister to submit the same to the Cabinet to take +whatever measure that are deemed appropriate. + +" +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (16) +UAE nationals with disabilities shall have the right to work and occupy public jobs. Disability +shall not in themselves preclude those nationals from nomination or selection for work. In +case of conducting competency tests for work, disabilities shall be considered for those +subject to the provision of this law. +Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs 9 + +" +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (17) +The Ministry may contract other entities to implement qualification projects for disables. +The Minister shall determine the terms , conditions and controls necessary for this purpose. + +" +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (18) +Legislations of the state shall show the measures to be taken to secure the occupation by +disables of jobs in government and private sectors, working hours, leaves and other +provisions re lated to disables, including controls for service terminations and entitlement for +rewards and retirement pensions. +The Cabinet shall, upon the Minister's proposal, determine job quota for persons with +special needs in both of the government and private se ctors. + +" +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (19) +Formation a Cabinet decision a committee called the ""Specialized Committee for the +Employment of Disables"" chaired by of the Undersecretary and membership of +representatives of the competent authorities. The Minister shall issue a reg ulation governing +the work and meetings of the committee. +The committee shall, in particular: +1. Draw necessary policies for the employment of disables and the requirements for achieving the highest possible efficiency while guaranteeing work continuity fo r the longest +period possible. +2. Encourage and support qualified disables to establish projects of economic feasibility and return, and provide information about available grants and loans and how they can be +obtained. +Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs 10 + 3. Provide information about the labor market, job availability and future prospects. +4. Prepare studies about job in compliance with technological developments and labor +market requirements. +5. Encourage the private sector to train, qualify and employ dis ables and provide it with +proper support within available capabilities. +6. Propose necessary measures to protect disables from all forms of job exploitation. +7. Submit periodical reports to the Minister submit to the Cabinet to take the measures it +deems a ppropriate. + +" +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (20) +The state shall take necessary measures to ensure the participation of disables in cultural, +sports and recreational life by: +1. Develop the creative, artistic and intellectual abilities of disables and utilize the same to the b enefit of social enrichment. +2. Provide literary and cultural materials of all available types for disables, including +electronic texts, sign language, Brail method, audio forms, multimedia, etc. +3. Enable the disable to benefit from information programs and media, theatrical and artistic +shows, all cultural activities, enhancing his participation therein and exempting him from the fees thereof. +4. Enhance participation of the disable in national, regional and international sports activities. +5. Submit peri odical reports to the Minister submit to the Cabinet to take the measures it +deems appropriate. + + +Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs 11 + " +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (21) +Formation a Cabinet decision a committee called the ""Specialized Committee for the Sports, +Culture and Recreation of Disables"" chaired by Youth and Sports Authority Secretary +General and membership of representatives of competent authorities. The Cabinet shall +issue a regulation governing the work and meetings of the committee that shall, in +particular: +1. Draw policies ensuring integrated develop ment for disables and giving them a chance to +engage in sports, cultural and recreational activities featuring fun, safety and suitability for +their abilities, and create suitable conditions for practicing them in a manner that is basically similar to their peers without disabilities. +2. Broaden the base of practice of sports, cultural and recreational activities among disables, ensuring the involvement in mental, kinetic and sensual aspects of sports of persons with +special needs in the educational program s of specialized institutions. +3. Design programs to prepare qualified human resources to work with disables, cultural and recreations areas. +4. Encourage the integration of disables with their peers without disabilities in sports and cultural centers and clubs, camps and provide suitable games and activities for them. +5. Submit periodical reports to the Minister submit to the Cabinet to take the measures it +deems appropriate. + +" +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (22) +Any disable shall have the right to an adapted environment and access to the place accessible to others. + +Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs 12 + " +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (23) +The competent authorities shall coordinate among themselves to set engineering stand ards +and specifications for public facilities and utilities in relation to which a Cabinet decision +shall be issued upon a proposal of the Minister. The decision shall set the necessary controls +to enforce such standards and specifications and exemptions t herefrom in conjunction with +adapting facilities for the use of disables, his needs, safety requirements and protection from +injury. +The provisions of this decision shall apply to the government and private sectors, unless +exempted by a special provision. + +" +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (24) +The Cabinet shall issue regulations and conditions for the acquisition by the disabled of a +government residence, and determine the residence specifications, the rules for its +acquisition and other rules regulating government housing. + +" +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (25) +1. Roads, public vehicles, land, air and sea transports must meet the technical standards +required for the use and requirement of the disabled. +2. The Cabinet shall determine by a decision the conditions required for the disable needs to obtain a driving licence and relevant controls. A new category shall be added to the driving +license, within the traffic law, relating to disables and necessary information shall be noted +thereon depending on the type of disability. + +" +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (26) +Every insurance c ompany shall insure the vehicles of the disabled when it is required to do +Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs 13 + so. + +" +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (27) +Vehicles reserved for the use of disables shall be exempted from all taxes and duties, based +on a handicap certificate from the Ministry. Such exemption may not b e granted for another +vehicle except after the elapse of five years from the date of previous exemption or damage of the vehicle. If the vehicle is disposed of within such period, prescribed taxes and duties +shall be levied. + +" +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (28) +Vehicles reserved for disables shall be exempted from parking fees. + +" +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (29) +Transportation means of societies and centers concerned with persons of special needs as +determined by the Cabinet shall be exempted from licensing fees. + +" +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (30) +The Cabinet shall determine the societies and centers concerned with persons of special +needs that shall be exempted from fees relating to building permit applications for erecting +building for the use of such persons pursuant to a relevant certificate from th e Minister. + +" +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (31) +Lawsuits filed by disables in the context of enforcing this law shall be exempted from +judicial fees. + +Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs 14 + " +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (32) +Exemptions shall be effected on postal fees and charges to all correspondence relevant to +disables, societies or centers relevant to persons with special needs as determined by the +cabinet, including books, newspapers, magazines, etc. + +" +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (33) +Without prejudice to any severer penalty in any other law, a fine of not less than AED 1000 +and not exceeding 5000 sh all be levied from any person illegally using the card of a disables +without prejudice to civil liability when necessary. The penalty shall be doubled in case of +repeated violation. + +" +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (34) +The Ministry shall approve stickers for disables and gener alize them to all entities +supervising their utilities or issuing booklets and publications and prepare programs about such stickers. + +" +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (35) +No disabled shall be required to produce any proof of his disability except the card issued by the Ministry. Conditions for obtaining such card shall be determined by a decision of the +Minister. + +" +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (36) +The Ministry shall license non -governmental in stitutions concerned with caring for, +educating, training and qualifying disables. No natural or artificial person may establish or set up any of the said institutions without a relevant license from the Ministry. +Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs 15 + A Cabinet decision shall determine the con ditions, controls and fees for licensing such +institutions, their obligations and penalties they may receive in case of a violation, and other +provisions governing their work. + +" +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (37) +The Minister shall issue the regulations and decisions necessary for enforcing the provisions of this law. + +" +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (38) +Any provision contrary to or inconsistent with the provisions of this law shall be revoked. + +" +family and community,Federal Law No (29) of 2006 Concerning the Rights of Persons with Special Needs,"Article (39) +This law shall be published in the Official Gazette and shall go into effect from the date o f +publication. + + + + + + +Khalifa Bin Zayed Al Nahyan +President of the United Arab Emirates + +Promulgated in the Presidential Palace, Abu Dhabi +On Rajab 19, 1427 A.H. +Corresponding to 13/8/2006 G. " +family and community,Federal Law No. 21 of 1997 Determining the Dowry in the Marriage Contract and the Expenses thereof,"Article (1) +The advance dowry in the Contract Marriage shall not be more than (AED 20,000) twenty thousand Dirhams and the deferred dowry shall not be more than (AED 30,000) thirty +thousand Dirhams. + +" +family and community,Federal Law No. 21 of 1997 Determining the Dowry in the Marriage Contract and the Expenses thereof,"Article (2) +Any action claiming for the excess of limits stated in article (1) hereof shall not be heard before courts and this provision shall apply to the actions pending before courts as of the +Federal Law of 1997 Determining the Dowry in the Marriage Contract and the Expenses thereof 2 + effective date of this Law. + +" +family and community,Federal Law No. 21 of 1997 Determining the Dowry in the Marriage Contract and the Expenses thereof,"Article (3) +1. Days of the wedding ceremony may not be more than one day only. +2. No more than nine camels may be slaughtered in the wedding ceremonies. + +" +family and community,Federal Law No. 21 of 1997 Determining the Dowry in the Marriage Contract and the Expenses thereof,"Article (4) +Whoever violates the provisions of this Law shall be deprived of the marriage grant set out +in Federal Law No. (47) of 1992 referred to above. + +" +family and community,Federal Law No. 21 of 1997 Determining the Dowry in the Marriage Contract and the Expenses thereof,"Article (5) +Without prejudice to the provisions of article (4), whoever violates the provisions of Clause +(2) of article (3) of this Law shall be punished by a fine of (AED 500,000) five hundred +thousand dirhams. + +" +family and community,Federal Law No. 21 of 1997 Determining the Dowry in the Marriage Contract and the Expenses thereof,"Article (6) +The Minister of Interior and Minister of Justice, Islamic Affairs and Endowments shall implement the provisions of this Law and may issue the necessary resolutions in this regard. + +" +family and community,Federal Law No. 21 of 1997 Determining the Dowry in the Marriage Contract and the Expenses thereof,"Article (7) +Federal Law No. (12) of 1973 referred to above as well as any provision contrary or +repugnant to the provisions of this Law are hereby repealed. + + +Federal Law of 1997 Determining the Dowry in the Marriage Contract and the Expenses thereof 3 + " +family and community,Federal Law No. 21 of 1997 Determining the Dowry in the Marriage Contract and the Expenses thereof,"Article (8) +This Law shall be published in the Official Gazette and shall come into full force and effect as +of the publication date thereof. + + + + + + + + + + + + + + +Zayed bin Sultan Al Nahyan +President of the United Arab Emirates + + +Issued by us in the Presidential Palace in Abu Dhabi +On 21 Shaaban 1418 AH. +Corresponding to 21 December 1997 AD. + " +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (1) +1. The provisions of this Law shall apply to all events that occurred afte r the entry into force +of its provisions. In addition, the provisions of this Law shall apply retrospectively to deeds of divorce and divorce proceedings for which a final judgement has not been issued. +2. The provisions of this Law shall apply to UAE citizens unless non -Muslims among them +have provisions specific to their religious community or denomination. +3. The provisions of this Law shall apply to non- citizens unless one of them insists on the +application of their law, without prejudice to the provisions of Articles 12, 13, 14, 15, 16, 17, 27 and 28 of the Law on Civil Transactions issued by UAELEG -FED -LAW 1985, 5 . + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (2) +1) Principles and rules of Islamic jurisprudence (fiqh) shall be referred to for understanding, +interpreting and construing the legal texts herein. +2) The provisions of this law shall apply to all the matters they deal with in terms of purport. Such matters shall be referred to the juristic doctrine they are derived from for interpretation +and completion of their rulings. +3) Where this law contains no relevant text, rulings shall be given according to the +Federal Law of 2005 Regarding personal status 3 + well -know rulings in the doctrines of Imams Malik, Ahmed, Shafie, and Abu Hanifa +respectively. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (3) +Lunar calculation shall prevail for the periods set forth here in unless stipulated otherwise. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (4) +Matters for which no provision is contained herein shall be subject to the provisions of the +Civil Procedures Law and the Law of Evidence in Civil and Commercial Transactions. + +Jurisdictions of Courts +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (5) +The state courts shall be competed to try personal status actions initiated against citizens or foreigners having a domicile, residence or workplace in the state. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (6) +The state courts shall be comp eted to try personal status actions initiated against foreigners +having no domicile, residence or workplace in the state in the following cases: +1. If the action for objecting to a marriage contract to be concluded in the state. +2. If the action is for dis solving, invalidating a marriage contract, or granting or asking for +divorce if the actions is filed by a citizen wife or a wife who lost the state nationality, if any of them has a domicile or residence within the state, or if the action is filed by a wif e having a +domicile or residence in the state against her husband who has a domicile, residence or workplace abroad or who has been deported from the state. +Federal Law of 2005 Regarding personal status 4 + 3. If the action is for demanding maintenance for parents, the wife or the minor if they have +a dom icile, residence or workplace in the state. +4. If the action concerns the filiation of a child having a domicile or residence in the state, or +if it concerns a matters of guardianship of the person or property if the minor or the person +to interdicted has a domicile or residence in the state, or if the last domicile, residence or +workplace of the absent person is in the state. +5. If the action concerns a personal status matter and the claimant is a citizen or a foreigner +having a domicile, residence or work place in the state if the respondent has no well- known +domicile or residence abroad, or if the national law is to be applied in the state. +6. If there are several respondents and one of them has a domicile, residence or workplace in +the state. +7. If the cl aimant has a chosen domicile in the state. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (7) +In cases where the state courts are the competent authority pursuant to Article 6 hereof, the court having the claimant's domicile, residence or workplace within its precinct shall be the +competent a uthority, otherwise such competence shall devolve to the court of the capital. +Federal Law No. 28 of 2005 on Personal Status.doc +1. The court of first instance composed of one judge shall be competent to decide on personal status matters. +2. The judge of l egalizations shall be competed to legalize the certificates issued by the court. +The minister of justice, Islamic affairs and wakfs shall issue regulations on the procedures of +conducting attestations and their legalizations. + +Federal Law of 2005 Regarding personal status 5 + " +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (8) +1. The court of first instance composed of one judge shall be competent to decide on +personal status matters. +2. The judge of legalizations shall be competed to legalize the certificates issued by the court. +The minister of justice, Islamic affairs and wakfs shall issue regulations on the procedures of +conducting attestations and their legalizations. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (9) +1. The court having the respondent's domicile, residence or workplace within its precinct shall be the competent authority. Where there are several respondents, competence shall +devolve to the court having within its precinct the domicile, residence or workplace of any o f +them. +2. The court having within its precinct the claimant's or respondent's domicile, residence, +workplace, or the conjugal house shall be competent to try actions filed by the children, +wife, parents, nurturing female guardian according to conditions in the following cases: +a. Maintenance, wages and matters regards as such. +b. Custody, seeing and related matters. +c. Dowry, paraphernalia, gifts and matters regarded as such. +d. Granting divorce to the wife, redemptive divorce (khul), absolution, dissolution, and separation of the spouses of all kinds. +3. The court having within its precinct the decendent's domicile, residence, workplace in the +state shall be competent to verify the entitlement to inheritance proofs and testaments and +liquidate the succession. Where the decedent has no domicile, residence or workplace in the +Federal Law of 2005 Regarding personal status 6 + state, such competence shall devolve to the court having a realty of the succession within its +precinct. +4. The local jurisdiction in the matters of guardianship shall be determined: +a. depending on the domicile or residence of the guardian or minor in matters of +guardianship, and on the last domicile or residence of the decedent or minor. +b. depending on the domicile or residence of the person to be interdicted in matters of interdiction . +c. depending on the last domicile, residence or workplace of the absent person in matters of absenteeism. +d. If none of the persons mentioned in paragraphs a, b and c has a domicile or residence in the state, competence shall devolve to the court having in its precinct the applicant's domicile or residence or to the court having within its precinct the property of the person to +be protected. +e. The court that rules for interdiction or stripping off or discontinuing the guardianship shall +refer the case to the court having within its precinct the domicile or residence of the minor in +order to appoint someone to supervise him be he a curator or guardian if the domicile or residence of the minor or the person to be interdicted changes. +5. If the respondent has no domicile, residence or workplace in the state, and no court of +competent jurisdiction can be determined under the provisions of the above paragraphs, +jurisdiction shall devolve to the court having within its precinct the claimant's domicile, +residence or workplace, otherwise to the court of the capital. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (10) +1. In cases where the law requires obtaining the court permission or approval or referring +Federal Law of 2005 Regarding personal status 7 + the matter to the judge, the motion shall be submitted to the court having within its precinct +the petitioner's domicile or residence on a petition order unless the law stipulates otherwise. +2. Any interested part y may complain against such order within one week of the date he is +served a notice thereof. The court shall deliver its judgment on the complaint to sustain, +amend or rescind it, and such judgment shall be appleable by the means of appeal +prescribed in th e law. +3. The motion for appointing a curator shall be on a petition order, and the prosecution and +potential successors shall be informed thereof. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (11) +Any impediment connected with the execution of resumption of urgent or summary +judgments, dec isions, executed or legalized reports or attested conciliation records +pertaining to an alimony or custody shall not result in discontinuing the executions procedures unless the court decides otherwise. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (12) +In case of demanding a ruling consider ing a person lost, litigation shall be addressed to +potential successors of the lost person or his representative or the person who has appointed a representative for him and to the public prosecution. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (13) +If the cassation court cassates the app ealed judgment in part or in whole, it shall decide on +the matter. +The provision of the above paragraph shall not apply: +Federal Law of 2005 Regarding personal status 8 + 1. If the attacked judgment is cancelled on grounds of nullity and such nullity is due to a +cause relative to the initiatory pleading, the court the shall decide, besides nullity, remanding the case to the court of first instance for trial after notifying the litigants. Filing appeals shall +be regarded as notices of motions submitted in the case. +2. If the attacked judgment has decided lack of jurisdiction or sustaining a subsidiary plea, this shall result in discontinuing the case or supporting the judgment appealed in both +matters. If the court of cassation decides revoking the attacked judgment, it shall refer the +case to the court that has delivered the attacked judgment unless it decides that the case be +heard by another circuit composed of other judges, or that it be referred to the court of competent jurisdiction for a new decision. The court above shall cassate the matter decided +unless the appeal is submitted for the second time. If the court of cassation cassates the attacked judgment, it shall then decide on the matter. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (14) +1. The respondent or the person to be notified sh all be sent a copy of the notice to his +domicile, residence, workplace, chosen domicile or wherever he is found. Where it is +impossible to inform him, the court may notify him by fax, e -mail, registered mail or any +other means. +2. If the notice server fails to find the person to be notified at his domicile, he shall deliver a copy of the notice to any of those persons living with him such as the spouse, relatives, or +affines, or to his supervisor or the person who decides that he is his manager if he fails to +find him at his workplace. In all cases, the copy of the notice shall be delivered only to the +person whose appearance indicates that he has completed eighteen years of age and that +neither he nor the person he represents has an evident interest that co nflicts with that of the +Federal Law of 2005 Regarding personal status 9 + person notified. +3. If the notice server fails to find any right person to receive the copy or if a person of those +mentioned therein refuses to sign the original for receipt or receive the copy after he has +been identified, or if the place is closed, the notice server shall deliver the copy on the same +day to the officer or deputy officer of the police station having within its precinct the +domicile, residence or workplace of the person to be notified according to conditions. The +sever shall also send the person to be notified within twenty four hours after delivering the +copy to the police station a registered letter at his domicile, residence or workplace or his chosen domicile to inform him that the copy has been delivered to the police station. +4. By way of exception from the above paragraph, the court may order posting a copy of the notice on the notice board and on the door of the place where the person to be notified resides or on the door of the last place where he lived or p ublishing the notice in two dailies +appearing in the state or abroad in Arabic and English, as appropriate, if required. +5. If the court becomes sure that the person to be notified has no domicile, residence, +workplace, fax, e ­mail or postal address, it sh all notify him through publication in two +dailies appearing in the state or abroad in Arabic or a foreign language as appropriate. The +date of publications shall be the date of serving the notice. +6. In respect to persons having a known domicile, residence or workplace abroad, the copy +of the notice shall be delivered to the undersecretary of the ministry of justice to notify them +by diplomatic means or by registered mail with acknowledgment of receipt. +7. The notice shall be legally binding from the date o f communicating the copy, sending the +fax or the e -mail, delivering the registered mail with acknowledgment of receipt or the date +of publication according to the above provisions. + +Federal Law of 2005 Regarding personal status 10 + " +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (15) +1. The judgment shall be communicated to the convi ct in person or to his workplace or +residence, failing which he shall be notified by the means prescribed in Article 14 hereof on +the order of the court that has pronounced the judgment and at the request of the judgment +beneficiary. +2. The period for challenging the judgment shall commence from the day following the date +of pronouncement if has been pronounced in presence, and from the following date of +serving the notice on the convict if it is regarded as an in presence judgment. +3. The period for object ing by appeal and cassation shall be thirty days each. +4. The party receiving a favorable judgment of divorce, separation, nullity of contract or for considering the lost person dead shall notify the convict or the person the judgment is +delivered against of such judgment if it is regarded contradictory in order to be subject to the +period prescribed. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (16) +1. Actions of person status matters shall be heard by the court only after they have been +submitted to the family guidance committee, except ma tters of testaments, inheritance, +matters regarded as such, urgent and summary cases, urgent and summary orders relative to alimony, custody, guardianship and actions concerning which conciliation can not be +imagined such as those filed for proving marriag e or divorce. +2. If the parties reconcile before the family guidance committee, this reconciliation shall be established in a report to be signed by the parties and the committee officer and approved +by the competent judge, whereupon it shall have the powe r of the executive writ that may +not be objected to by any means except if it contradicts the provisions hereof. +Federal Law of 2005 Regarding personal status 11 + 3. The minister of justice, Islamic affairs and wakfs shall issue the executive regulations +governing the mission of the family guidance commit tee. + +Book One + Marriage +Part One + Engagement +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (17) +1. Engagement is a proposal for and promise of marriage, not considered actual marriage. +2. No woman who is deemed ""prohibited"" (under Shariah law) may be engaged, even if such +a prohibition is temporary. A woman observing a mourning period may, however, be +engaged. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (18) +1. Each party may withdraw from the engagement. However, if unnecessary prejudice results from either party' s withdrawal, the other party may claim indemnity for the prejudice +he/she suffers. The party responsible for withdrawal shall be considered withdrawing. +2. If either party withdraws from the engagement or passes away, the dowry paid in kind or +its value s hall be redeemed on the day of payment if it cannot be returned in kind. +3. If the fianc ée has bought paraphernalia with the amount of her dowry or a portion thereof +and then the suitor withdraws, she may choose between refunding the dowry or delivering a portion of the paraphernalia equal to it at the time of purchase. +4. Gifts presented customarily shall be considered part of the dowry. +5. If one party withdraws from the engagement without any condition or usage, he/she shall +Federal Law of 2005 Regarding personal status 12 + not be entitled to recover an ything he/she has presented to the other if there is no ground +for such withdrawal, while the other party shall have the right to recover anything he/she +has given. +6. If one party withdraws from the engagement for some cause, he/she may recover what +he/sh e has presented if existent, or on the day of payment if it has perished or is being +consumed and the other party cannot recover it. +7. If engagement is terminated because of the withdrawal of both parties, they may recover +anything they have presented to each other if existent. +8. If engagement is terminated because of death or a reason beyond the control of either party, or an impediment that prevents marriage, nothing of the gifts may be recovered. + +Part Two + General Provisions on Marriage +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (19) +Marriage is a contract entitling one spouse to have legal enjoyment with the other in order to protect his/her chastity and build a stable family under the husband's care on grounds +that enable them to muster its burdens in affinity and mercy. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (20) +1. Husbands shall adhere to their conditions except any conditions that sanction anything prohibited or forbid anything permissible. +2. If a marriage contract stipulates a contrary condition to its essence, the contract shall be +invalid. +3. If the marriage contract contains a condition that is not contrary to its essence but to its +Federal Law of 2005 Regarding personal status 13 + purport or that is legally invalid, the condition shall be invalid while the contract shall be +valid. +4. If the marriage contract contains a condition that is not contrary to its essence or its +purport and that is legally valid, the condition shall be valid and enforceable. If the party +placed under such condition breaches it, the stipulating party may ask for dissolving the +marriage whether on the part of the wife or husband. The husband shall be exempted from +the waiting period (idda) alimony if the condition is breached by the wife. +5. If one spouse requires a specific description in the other but he/she finds something contrary, the stipulator may ask for dissolving the marr iage. +6. In case of denial, no conditions shall be valid except if it is expressly provided for in the legalized marriage contract. +7. The right to dissolution shall abate if its holder extinguishes it or if he agrees to its breach +expressly or implicitly. The lapse of one year after the occurrence of violation while having +knowledge thereof and irrevocable divorce shall be regarded as implicit consent. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (21) +1. For marriage to be contracted, the man must be suitable for the women at the time of +contracting only. Both the woman and her guardian shall have the right to ask for dissolving the marriage if such suitability is missing, whereas the loss of suitability afterwards shall not +affect the contract. +2. If both of the engagement parties are no t suitable for each other in age, i.e., if the suitor's +age is double or more than that of the fianc ée, the marriage shall be contracted only with the +consent and knowledge of both parties after obtaining permission from the judge who may +forbid the marriage if it serves no interest. +Federal Law of 2005 Regarding personal status 14 + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (22) +The criterion of suitability shall be the husband's religious righteousness. Usage shall be +considered for determining suitability in matters other than religion. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (23) +1. Suitability is a right that may be required by the woman and her fully capacitated +guardian. +2. Distant guardians may not object to the lack of suitability except in the absence of close +relatives or if they are incapacitated. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (24) +If the man pretends to be suitable or affects anything to give an impression of such +suitability, or if suitability is stipulated in the contract and then he turns out to be unsuitable, both the wife and her guardian shall have the right to ask for dissolution. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (25) +The right to ask for dis solution due to lack of suitability shall abate if the wife becomes +pregnant, or a year elapses after learning about the marriage, or if the person having the +right to ask for dissolution has agreed before to the marriage. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (26) +The guardian may n ot ask for dissolution on the ground that the dowry is less than +appropriate dowries. +Federal Law of 2005 Regarding personal status 15 + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (27) +1. Marriages shall be officially legalized and may be established by legal proof for a specific +fact. +2. As a condition for concluding a marriage contract, a report from a specialist medical +committee formed by the minister of health shall be submitted confirming freedom from the +diseases because of which this law allows for demanding separation. +3. Marriage contracts shall be legalized by marriage solemnize rs concerning whom the +minister of justice, Islamic affairs and wakfs shall issue the relevant regulations. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (28) +1. No guardian may conclude the marriage contract of an insane or a mentally deficient +person or persons having similar conditions w ithout the permission of the judge and after +fulfilling the following conditions: +a. The other party agrees to marry him after learning about his condition. +b. His disease shall not be transmitted to his posterity. +c. His marriage shall realize an interest for him. +2. Conditions mentioned in B and C shall be confirmed by a report from a competent +committee to be formed by the minister of justice, Islamic affairs and wakfs in coordination +with the minister of health. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (29) +Males who reach the legal age may marry themselves even if they are or become prodigal. +The guardian over the property may object in case of exceeding appropriate dowries. This +Federal Law of 2005 Regarding personal status 16 + shall not include the forfeiture of the financial rights resulting from the marriage. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (30) +1. Marriage eligibility shall be completed by reason of maturity and adolescence. The age +of adolescence is eighteen years for those who have not been legally adolescent prior to +that age. +2. A person who is legally adolescent prior to reaching the age of eighteen shall not marry, except in accordance with the controls issued by a Cabinet resolution at a proposal of +the Minister of Justice. +3. A person who is eighteen years old wishing to marry but the guardian thereof refuses to +let him marry may refer t he matter to the Judge. +4. The Judge shall specify a period for the guardian, after being notified, to appear to present his statements. If he does not appear at all or if his objection is not convincing, +the Judge shall allow the marriage. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (31) +Any person who gets married according to Article 30 hereof shall acquire capacity in all +matters relative to marriage and its effects, except forfeiture of financial rights resulting from +marriage. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (32) +A matrimonial guardian shall be the fathe r, then the Agnates by themselves according to the +order of inheritance including the son, the brother and then the paternal uncle. Where any two guardians are equal in relationship, any of them may conclude the marriage on his +Federal Law of 2005 Regarding personal status 17 + conditions and shall be the representative appointed by the fianc ée. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (33) +A guardian must be male, sound in mind, major, not wearing the clothes of ihram for hajj or +omra and Muslim if the guardianship is over a Muslim. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (34) +If the closer guardian is absent perman ently, or if his whereabouts are not known, or if he +cannot be called, guardianship shall devolve to the next guardian by the judge's permission, +or to the judge himself in case of prevention from marriage. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (35) +The judge shall be the guardian of any person no guardian. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (36) +The judge may not marry the person he is a guardian over to himself, his ancestors or +descendents. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (37) +1. Appointing a representative for concluding a marriage contract is permissible. +2. No representative may marry his female constituent to himself unless this is stipulated in the proxy instrument. +3. If the representative in marriage exceeds the limits of his proxy, the contract shall be pending. +Federal Law of 2005 Regarding personal status 18 + Part Three +Elements and Conditions +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (38) +The elements of the marriage contract are: +1. The contracting parties (the husband and the guardian) +2. Object +3. Proposal and acceptance + +Chapter One + Spouses +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (39) +The major woman's guardian shall conclude her marriage contract with h er consent and the +marriage solemnizer shall sign the contract. Contracts concluded without a guardian shall be +invalid. If marriage is consummated, the spouses shall be separated and the child's filiation +shall be established. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (40) +The woman must not be permanently or provisionally prohibited for the man to marry so that marriage can be valid. + + + + +Federal Law of 2005 Regarding personal status 19 + Chapter Two +Contract Formula +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (41) +The following conditions must be fulfilled in the proposal and acceptance: +1. They must be expres sed verbally in the terms of marriage. +2. They must be binding, not indicative of timing. Marriages depending on an uncertain +condition, or contingent marriages, or enjoyment marriages or temporary marriages shall not be valid. +3. The acceptance must be ex pressly or implicitly congruent with the proposal and the +contracting parties must remain eligible till finalization of the contract. +4. There must be verbal consensus at the contract session among present parties and acceptance following the proposal, and among the absent parties by acceptance at the +session of reciting the contract before witnesses or letting them hear its content or informing the messenger. Acceptance shall not be considered slower than proposal if they are not separated by anything indicative of objection. +5. The proposal must remain valid till the acceptance is expressed. The proposer shall have +the right to withdraw before the acceptance is expressed. +6. The contracting parties must hear the speech of each other and know that it is int ended +for marriage even if the meanings of words are not understood. +7. In case of inability to speak, speech shall be replaced by writing, otherwise by +understandable signs. + + +Federal Law of 2005 Regarding personal status 20 + Chapter Three +Prohibited Women +First branch +Permanently prohibited women +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (42) +It is prohibited for a person to marry because of blood kinship: +1. His ancestors however high in lineage +2. His descendents however low in lineage +3. The descendents of either or both parents however low in lineage +4. The first class of the descenden ts of one of his grandfathers or grandmothers. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (43) +It is prohibited for a person to marry because of kinship through marriage: +1. The woman who was married to one of his ancestors however high in lineag e, the wife +of any one of his descendents however low in lineage. +2. The ancestors of his spouse however high in lineage. +3. The descendents of his spouse he consummates marriage with however low in lineage. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (44) +It is prohibited for a person to marry his descendents from adultery however low in lineage +or his daughter whose filiation to him is refuted by li'an. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (45) +It is prohibited for a person to marry the woman he accuses of adultery after the spouses +Federal Law of 2005 Regarding personal status 21 + have taken the oath. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (46) +Women prohibited because of suckling shall also be prohibited because of blood kinship +and marriage connection, except the legally excepted cases on two conditions: +1. Suckling must take place in the first two years +2. Suckling must reach five separate times. + +Section Two +Provisional Prohibition +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (47) +Cases of provisional prohibition: +1. Combining two women even if in the waiting period, and if any one of them is supposed to be male, the man shall be prevented from marrying another woman. +2. Combining more than four women. +3. The woman married to another person +4. The woman observing a waiting period for another person +5. The woman divorced irrevocably; her divorcer may no t marry her until she has observed +the waiting period after being divorced by another husband who has consummated a +valid marriage with her. +6. The woman wearing an Ihram for a hajj or an omra. +7. The non -Muslim women unless she is a kitabiya (Jewish or Ch ristian). +8. The marriage by a Muslim woman to a non -Muslim + +Federal Law of 2005 Regarding personal status 22 + Chapter Four +Conditions of the Contract +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (48) +1. As a condition for the validity of marriage, two witnesses of legal age and sound mind, +capable of hearing the speech of the contracting p arties and understating that it is intended +for marriage must be present. +2. The witnesses must be Muslim. In case a Muslim marries a kitabiya, the testimony of two kitabis (Jewish or Christian) shall be sufficient. + +Chapter Five +Dowry +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (49) +A do wry is the money or property offered by the husband to his wife for the purpose of +marriage. There is no minimum for the dowry but its maximum limit is subject to the dowry determination law. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (50) +The dowry is the woman's right that she can disp ose of the way she likes. No contrary +condition shall be valid. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (51) +1. If a dowry is properly specified in the marriage contract, it shall be due to the woman. +2. If no dowry is specified in the contract or if a dowry is improperly specified or deleted, the woman shall be entitled to an appropriate dowry. +Federal Law of 2005 Regarding personal status 23 + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (52) +1. The dowry may be paid promptly or it may be deferred wholly or partially at the time of +concluding the marriage contract. +2. The dowry shall be due if the marriage contract is valid and shall be confirmed upon consummation of marriage, valid seclusion, or death. The deferred part of dowry shall +become payable upon death or an irrevocable divorce. +3. A divorcee shall be entitl ed before the consummation of marriage to half the dowry if it +is specified, otherwise the judge shall decide for her enjoyment maintenance not exceeding half the appropriate dowry. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (53) +1. The wife shall have the right to prevent the consummatio n of marriage till she is paid her +prompt dowry. +2. If the wife agrees to the consummation of marriage before receiving her dowry from her husband, it shall become a debt due from him. + +Chapter Six + Mutual Rights +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (54) +Mutual rights and duties bet ween spouses: +1. Each spouse shall have the right to enjoy the other within the legally permitted limits. +2. Legal cohabitation +3. Good treatment, mutual respect, kindness and protecting the welfare of the family. +Federal Law of 2005 Regarding personal status 24 + 4. Caring for and educating the children t o ensure their good raising. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (55) +The Wife's rights due from her husband: +1. Maintenance +2. Not preventing her from continuing her education. +3. Not preventing her from visiting her ancestors, descendents or sisters and allowing them +to visit her with kindness. +4. Not interfering with her personal properties . +5. Not hurting her physically or morally. +6. Treating her equally with the other wives if the husband has more than one wife. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (56) +A Husband's rights on his wife: +1. House supervision and maintaining its assets. +2. Breastfeeding his children unless she has an excuse. + +Part Four +Types of Marriage +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (57) +Valid marriage and invalid marriage. An invalid marriage includes void (batil) marriage and +irregular (fasid) marriage + + +Federal Law of 2005 Regarding personal status 25 + " +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (58) +1. A valid marriage is that the elements and conditions of which are fulfilled and the +impediments of which are absent. +2. A valid marriage shall produce its effects from the time it is concluded. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (59) +1. An invalid marriage is that the conditions of which are beached. +2. An invalid marriage shall not produce any effects before it is consumed. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (60) +An invalid marriage shall produce the following effects after consummation: +1. The lower of the specified or the appropriate dowries. +2. The establishment of filiation. +3. The prohibition of connection by marriage. +4. The waiting period (idda) +5. An alimony as long as the woman is unaware that the contract is invalid. + + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (61) +1. A void (batil) marriage is that an element of which is breached. +2. A void marriage shall not produce any effect unless this law stipulates otherwise. + + +Federal Law of 2005 Regarding personal status 26 + Part Five +Effects of Marriage +General Provisions +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (62) +1. A major woman shall be free to dispose of her property. The husband may not dispose of +her property without her consent; each of them shall have impendent financial assets. If one +of them shares the other in developing his/her property or building a residence, etc, he /she +may claim his/her share from the other upon divorce or death. +2. Equality shall be r equired in donations and matters regarded as such among the children +and wives, unless a certain interest is determined by the judge. If no equality is observed, the +judge shall achieve such equality and exclude this interest from the succession. + +Chapte r One + Maintenance +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (63) +1. Maintenance shall cover food, clothing, the house, treatment, a servant for the wife if she +is served in her family's house and what is kindly required by conjugal relationship. +2. Maintenance shall be determined accordin g to the financial ability of the maintainer and +the condition of the dependent and the economic situations in terms of place and time. However, maintenance shall not be less than the sufficient limit. +3. The exploration (inspection) certificate shall be s ufficient for deciding the kinds of +maintenance, the amount of custody, the house and the conditions on which any decided +thing of what is mentioned depends. + +Federal Law of 2005 Regarding personal status 27 + " +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (64) +1. Maintenance may be increased or decreased according to any change in conditions. +2. Actions for increasing or decreasing the maintenance shall be heard only after the elapse +of one year after it has been imposed, except in exceptional cases. +3. The increase or decrease of maintenance shall be calculated from the date of the judicial claim. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (65) +A continuous maintenance shall have precedence over all debts. + +Section One +Wife's Alimony +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (66) +The wife shall deserve alimony from her husband under the valid contract if she yields +herself to him even if by a judgment. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (67) +The wife's alimony shall start from the date the husband abstains from supporting her. It shall be considered a debt due from him without dependence on the judiciary or mutual consent, but it shall be extinguished by payment or absolution. +Actions for calming alimony for a previous period exceeding three years from the date of +filing the action shall not be heard unless it is imposed by mutual consent. + + +Federal Law of 2005 Regarding personal status 28 + " +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (68) +The judge may at the wife's request decide her a provisional alimony and his d ecision shall +be self -executing by the force of law. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (69) +The woman observing a revocable divorce idda and the wife observing an irrevocable +divorce idda while being pregnant shall deserve alimony and a residence, while the woman +observing an irr evocable divorce idda without being pregnant shall deserve a residence +only. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (70) +No alimony shall be due to the woman observing a mourning idda, but she shall be entitled +to live in the conjugal house during the idda period. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (71) +The wife's alimony is forfeited in the following events: +1. If she abstains from copulation with her husband without a legal excuse. +2. If she refrains returning to the conjugal domicile without a legal excuse. +3. If she prevents her husband from entering the conjugal domicile without a legal excuse. +4. If a judgment or decision of the court is issued, restraining her freedom, in a matter to which the husband is not entitled, and said judgment or decision is being enforced. +5. If she breaches her conjugal obligations stipulated by law. + +Federal Law of 2005 Regarding personal status 29 + " +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (72) +The spouses' departure from the house or to work in accordance with the law or Sharia or +custom or necessity shall not be deemed as a violation to the conjugal obligations and the +Judge must take into account the family's interest in this regard. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (73) +The commitment to the wife's alimony shall lapse upon: +1. Payment +2. Absolution +3. The death of one spouse unless a judicial ruling has been passed for it. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (74) +The husband shall prepare his wife a residence in his domicile. The residence shall be +suitable for their condition. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (75) +The spouses shall live in the conjugal domicile unless otherwise stipulated in the marriage +contract; and the Judge shall take into account the interest of the family in the event of a +dispute between the spouses. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (76) +1. The husband shall be entitled to live with wife in the conjugal house and his children by +his other wives if he is commanded to support them, as long as this shall not cause any harm +to her. +Federal Law of 2005 Regarding personal status 30 + 2. The wife may not allow her childre n by another husband to live with her in the conjugal +house except if they have another custodian than her, or if they will suffer harm if they +separate from her, or if the husband agrees expressly or implicitly, but he may refuse if he +suffers any resulting harm. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (77) +The husband may not allow his other wife to live with his wife in the same house unless she +agrees. She may also refuse if she suffers any resulting harm. + +Section Two +Maintenance for Relatives +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (78) +1. Maintenance of the youngster having no financial resource shall be borne by his father. +Girls shall be maintained till they get married, while boys shall be maintained till they reach an age at which his equals can earn money, unless he is student pursu ing his study with +usual success. +2. Maintenance of the old boy who is unable to earn money due to an infirmity or another +impediment shall be borne by his father unless he has a financial resource from which he +can spend. +3. The female shall be maintained by her father if she is divorced or if her husband dies +unless she has no financial resource or another person required to maintain her. +4. If the boy's financial resource is not sufficient for maintaining him, his father shall be obligated to supplement such maintenance pursuant to the above conditions. + +Federal Law of 2005 Regarding personal status 31 + " +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (79) +The costs of suckling the child shall be due from his father if his mother cannot suckle him. +These costs shall be regarded as maintenance. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (80) +The child's maintenance shall be due from his wealthy mother if he loses his father or has no financial resource, or if he cannot support himself. However, the mother may claim the +amounts she pays from the father if he becomes solvent and if this payment is permitted by +him or by the judge. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (81) +1. The wealthy child, be male or female, old or young, shall maintain his parents if they have +no financial resource from which they can support themselves. +2. If the parents' financial resources are not sufficient for maintenance, the wealthy children +shall supplement it. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (82) +1. The parental maintenance shall be shared by the children according to their respect wealth. +2. If one of the children maintains his parents willingly, he may not have r ecourse against his +brothers. +3. If maintenance occurs after passing a judgment of maintenance against them, he may +have recourse against each of them by virtue of the judgment if he has maintained them +with the intention of recourse. +Federal Law of 2005 Regarding personal status 32 + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (83) +If the money the child earns does not exceed his need and that of his wife and children, he +shall join his parents who are entitled to maintenance to his family. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (84) +The maintenance of any person deserving such maintenance shall be borne by his inheritors from among his wealthy relatives according to their order and inheritance shares. If the +inheritor is poor, the maintenance shall be imposed on the next inheritor subject to the provisions of Articles 80 and 81 hereof. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (85) +Where there are several persons entitled to maintenance and the person required to bear +the maintenance cannot maintain them all, priority shall be given to the wife's alimony, the parental maintenance, and the relative's maintenance respectively. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (86) +1. The maintenance of the relatives excluding the children shall be imposed from the date +of filing the judicial claim. +2. Actions for claiming the children's maintenance from their father for a previous period exceeding one year from the date of the judicial claim shall not be heard. + + + +Federal Law of 2005 Regarding personal status 33 + Section Three +Maintenance of persons having no maintainer +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (87) +The state shall be responsible for maintaining any person having no maintainer. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (88) +A foundling of unknown parents shall be maintained from his f inancial resources, if any. +Where there is no financial resource or where nobody volunteers to maintain him, the state +shall bear his maintenance. + +Chapter Two +Filiation +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (89) +Filiation shall be established by the matrimonial bed, acknowledgment, evidence or +scientific methods if it is proved by the matrimonial bed. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (90) +1. The child shall be filiated to the conjugal bed if the least pregnancy period has elapsed +after concluding a valid marriage contract and the impossibility of a sexual intercourse +between the spouses is not proved. +2. The filiation of the child of a suspicious copulation shall be established if he is born after +the minimum pregnancy period from the last copulation. +3. Filiating any child to his mother shall be established as soon as delivery is established. +4. If filiation is established legally, no action for refutation shall be heard. +Federal Law of 2005 Regarding personal status 34 + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (91) +The minimum pregnancy period shall be one hundred and eighty days, and the maximum +period shall be three hundred and sixty five days, unless otherwise decided by a medical +committee formed for this purpose. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (92) +1. Recognizing filiation even in the last illness shall be proof of that filiation un less the child +is illegitimate, subject to the following conditions: +a. The recognizee must be of unknown paternity. +b. The recognizer must be of legal age, sound mind and free -willed. +c. The difference in age between the recognizer and the recognizee must allow for believing +the recognition. +d. The recognizee must believe the recognizer, provided that he is of legal age and sound +mind. +2. Istilhaq is a recognition of filiation made by the father for a legitimate child. Filiation may +not be recognized by th e grandfather. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (93) +If the recognizer is a married woman or observing an idda, filiating the child to her husband shall be established only if he believes her or if she proves it. + + + +Federal Law of 2005 Regarding personal status 35 + " +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (94) +If a person of unknown lineage recognizes paternity or maternity, this relation shall be +established if the recognizee believes him or if evidence is produced as long as the difference +in age admits it. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (95) +Recognizing another relation than filiation, paternity or maternity shall apply only to the recognizer if he is believed or if evidence is produced. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (96) +Li'an (accusing the spouse of adultery) shall occur only before the court and according to the +legally prescribed rules. +1. Separation due to li'an shall be permanent. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (97) +1. The man may refute the filiation of the child to him by li'an within seven days from the date of learning about his delivery provided that he has not admitted his paternity expressly +or implicitly. The li'an action shall be filed within thirty days from the date of learning about +the delivery. +2. If li'an is for refuting the filiation and the judge decides it, the filiatio n shall be refuted. +3. If the husband takes the oaths of li'an and if the wife refuses to swear or appear or absents +herself or if it is impossible to notify her, the judge shall issue a ruling refuting the filiation. +4. The filiation of the child refuted by li'an after a ruling refuting this filiation shall be +established if the man belies himself. +Federal Law of 2005 Regarding personal status 36 + 5. The court may use scientific methods to refute the filiation provided that it has not been +established before. + +Book Two +Separation General Provisions +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (98) +1. The contract marriage shall be dissolved if it contains an impediment contrary to its requirements or if something prevents its legal continuation. +2. Separation shall occur between the spouses by divorce, dissolution or death. +3. The court shall try to reconcile the spouses before it decides separating them. +4. If the divorced woman marries anther man, consummation of marriage shall destroy the +repudiations of the previous husband. + +Part One +Divorce +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (99) +1. Divorce is the dissolution o f the marriage contract in the legally prescribed form. +2. Divorce shall occur verbally or in writing, or by an understandable sign in case of inability +to express them. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (100 ) +Divorce occurs from the husband or his legal representative holding a special POA, or from +the wife or her legal representative holding a special POA in accordance to what was agreed +in the marriage contract, and shall be registered in accordance with the followed procedures +Federal Law of 2005 Regarding personal status 37 + at the court. +Divorce is confirmed before the judg e by a testimony of two witnesses, or by +acknowledgment, and the judge shall issue his decision after verifying the availability of +either of the two conditions. +Divorce is based on the date of acknowledgment, unless a previous date has been proven to the court, and the consequences of divorce by acknowledgment shall be referred to Sharia +rules. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (101 ) +1. The divorcer must be of sound mind and free -willed. +2. The divorce pronounced by an inebriated person shall not be valid. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (102 ) +Divorce shall not apply to the wife unless she is validly married and is not observing any +waiting period. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (103 ) +1. Divorce made conditional on doing or giving up something shall not be valid unless the +divorce means actual divorce. +2. Breaking the oath of divorce or tahreem (oath taken for not copulating) shall not result in +divorce unless the divorce means actual divorce. +3. Repeated pronouncements or repudiations coupled with a number, words, writing or +signs shall result in one divorce only. +4. No co ntingent divorce shall be valid. +Federal Law of 2005 Regarding personal status 38 + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (104 ) +Divorce is of two kinds: Revocable and irrevocable: +1. The revocable divorce shall not terminate the marriage contract except if the waiting +period elapses. +2. The irrevocable divorce shall terminate the mar riage contract when it occurs. There are +two kinds of irrevocable divorce: +A. Minor irrevocable divorce: The divorcee may be taken in marriage by her divorcer after +this divorce only under a new contract and for a new dowry. +B. Major irrevocable marriage: The divorcee may not be taken in marriage by her divorcer +after that marriage unless she observes a waiting period concerning another husband after +actual consummation of a valid marriage with her. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (105 ) +Any divorce shall be revocable except the third repudiation, the divorce pronounced before consummation and the irrevocable divorces provided for. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (106) +(Repealed by FED DECREE BY LAW No. 5 of 2020) +1. The divorce authorized by the husband shall be valid and shall be legalized by the judg e. +2. Any divorce contrary to the above clause shall be proved before the court by evidence or declaration, whereupon the divorce shall be attributed to the date of declaration, unless the +court finds a previous date. Effects resulting from divorce by reco gnition shall be governed +by the rules of Islamic law. +Federal Law of 2005 Regarding personal status 39 + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (107 ) +After divorce occurs, the competent judge shall issue at the request an order specifying +alimony for the wife during her waiting period and the maintenance of children and the +person ha ving the right to custody and allowing the visit of the child taken in custody. This +order shall be considered self -executing by the force of law. The party affected may +challenge this order by the legally prescribed methods of appeal. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (108 ) +The husband may restore his revocably divorced wife as long as she has not completed the +waiting period. Waving this right shall not extinguish it. If the waiting period has elapsed, she may return to him without her guardian's permission if he refuses to marr y her to him, +provided that her first marriage to him was concluded with the consent of her guardian or a court order. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (109 ) +1. Restoration may be expressed in words or writing, otherwise by an understandable sign in +case of inability to express them. Restoration may be also expressed by action and intention. +2. Restoration shall be legalized and the wife shall be notified about it during the waiting period. + + + + +Federal Law of 2005 Regarding personal status 40 + Part Two +Khul (redemptive divorce) +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (110 ) +1. Khul (redemptive divorce) is a contr act under which the spouses mutually agree on +terminating their marriage contract for some consideration paid by the wife or another +person. +2. The portion that may be specified in the dowry may be specified in the khul +compensation, but it may not exclude the children's maintenance or custody. +3. If the khul compensation is not valid, the khul shall be valid and the husband shall be entitled to the dowry. +4. Khul shall dissolve the marriage contract. +5. By way of exception from the provisions of clause 1 o f this Article, if the husband refuses +the khul due to obstinacy and it is feared that they may not observe the limits ordained by Allah Almighty, the judge shall decide this khul for some proper compensation. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (111 ) +For the khul compensation to b e valid, the person paying this compensation must be +capacitated and the husband must be eligible for divorcing. + +Part Three +Separation by the Judge's Order +Chapter One +Separation for Defects +Federal Law of 2005 Regarding personal status 41 + " +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (112 ) +1. If one spouse finds that the other has some d efect that is irremediable or disgusting such +as insanity and leprosy, or that impedes sexual enjoyment such as Impotence, or vaginal +occlusion, he/she may ask for dissolving the marriage whether such defect exits before or +occurs after concluding the cont ract. +2. The right to dissolution shall abate if the spouse learns about the defect before the +contract and accepts it expressly or purportedly afterwards. +3. The wife's right to ask for dissolution due to a sexual impediment shall not abate in any way. +4. The court shall hear the action filed for dissolving the marriage due to a sexual +impediment in a secrete session. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (113 ) +If the defects mentioned in Article 112 hereof are irremovable, the court shall dissolve the +marriage promptly without any respire. +If they are removable, the court shall defer the case for a suitable period not exceeding one +year. If the defect is not removed during that year and the claimant insists on dissolution, the +court shall dissolve the m arriage. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (114 ) +Both spouses shall have the right to ask for separation in the following cases: +1. If deception leading to the conclusion of the marriage contract occurs from the other +spouse or with his knowledge. Keeping intentional silence abou t a certain fact shall be +considered an act of deception if it is proved that the deceived party would not have +Federal Law of 2005 Regarding personal status 42 + concluded the marriage contract had he learnt about this fact. +2. If it is proved by a medical report that the other spouse is sterile after rem aining married +for five years and after medical treatment. The dissolution claimant must not have children, +or exceed forty years of age. +3. If the other spouse is convicted of adultery or a crime regarded as such. +4. If it is proved that the other spouse is infected with a fatal disease such as AIDS or any +disease regarded as such. If it is feared that the disease may transmit to the other husband or +his/her posterity, the judge shall separate the spouses. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (115 ) +1. A specialist medical committee shall be engaged to identify the defects due to which +separation may be demanded. +2. Separation meant in this chapter shall be considered dissolution. + +Chapter Two +Separation for failure to pay the prompt dowry +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (116 ) +1. Separation shall be decided for the wife whose marriage has not been consummated due +to her husband's failure to pay her prompt dowry in the following cases: +A. If the husband has no obvious financial resource the dowry can be taken from. +B. If the husband is obviously unable to pay and the term fixed by the judge for paying the +prompt dowry expires without payment. +2. No separation due to failure to pay her prompt dowry shall be decided for the wife after +consummation, but the husband shall be indebted to her for this dowry. +Federal Law of 2005 Regarding personal status 43 + +Chapter Three +Separation for Prejudice and Dissension +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (117 ) +1. Both of the spouses shall have the right to ask for divorce due to prejudice that makes the +continuation of their kind associat ion impossible. They shall not forfeit this right unless their +conciliation is proved. +2. The family guidance committee shall try to conciliate the spouses according to Article 16 hereof. If it fails to do so, the judge shall offer them conciliation. If co nciliation is impossible +and prejudice is proved, divorce shall be decided. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (118 ) +1. If damage is not proved, and the dispute is continued between the spouses, the damaged +party may file a new case, and if the Family Orientation Committee and t he Judge cannot +reach reconciliation, the Judge shall issue a judgment appointing two Arbiters from the +relatives of each, if possible, after asking each of the spouses to nominate his Arbiter as +much as possible at the next session. Otherwise, the Judge m ay appoint someone who +have the experience and ability to reconcile if a spouse fails to name his Arbiter or fails to +appear at this session. The judgment shall not be subject to appeal. +2. The judgment appointing Arbiters shall include the commencement and ending dates of the assignment provided that it shall not exceed ninety days, that may be extended by a decision of the court. The court shall notify the two Arbiters and the litigants of the +judgment appointing the Arbiters and shall ask each of them to take the oath that he +shall perform his assignment with equity and honesty. +Federal Law of 2005 Regarding personal status 44 + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (119 ) +The two arbitrators shall investigate the causes of dissension and exert their efforts to +conciliate the spouses. The arbitrators' mission shall not be affected if either spouse refuses +to attend the arbitration session after being informed of the session fixed or the sessions +following if they are interrupted. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (120 ) +1. If the two Arbiters are unable to reconcile, the court shall present the recommendation of +both Arbiters to the spouses and invite them to reconcile before issuing the judgment of +divorce. If the spouses reconcile after the recommendation of both Arbiters to divorce +prior to the issuance of the judgment, the court shall establish such re conciliation. +2. If it is not possible to reconcile between the spouses, and the abuse is all on the part of +the husband, and the wife is the one asking for divorce, or each of them asks for divorce, +the two Arbiters shall recomme nd one irrevocable divorce and a adequate +compensation paid by the husband without prejudice to any of the wife's rights resulting +from marriage or divorce. +3. If it is not possible to reconcile between the spouses, and the abuse is all on the part of the wife, and the husband is the one asking for divorce or each of them asks for divorce, +the two Arbiters shall recommend divorce with a compensation deemed adequate by +them to be paid by the wife unless the husband adheres not to divorce her, and the court +shall take into account the family's interest. +4. If it is not possible to reconcile between the spouses and abuse is mutual, the two +Arbiters shall recommend divorce without compensation or with compensation that is +Federal Law of 2005 Regarding personal status 45 + proportionate to each one's share of abuse. +5. If it is not possible to reconcile between the spouses, and it is not clear as to who is the +abuser among them, if the husband is the one asking for divorce, the two Arbiters shall +propose to dismiss his case and if the wife or both of them ask for divorce, the two +Arbiters have the right to decide what they deem suitable for the situation of the family +and children whether to divorce them without compensation or to reject divorcing them. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (121 ) +1. The two Arbiters shall submit to the Judge their reasoned recommendation, which +includes the extent of the abuse of either spouse or one against the other. +2. Subject to the provisions of Paragraph (1) of article (120) of this Law, the Judge shall rule +upon the recommendation of the two Arbiters if they agree and if they disagree, the +Judge shall appoint other Arbiters, or combine a third judgment to decide which opinion +to recommend. The court shall ask the new Arbiter or the umpire to take an oath that he +shall perform his assignment with equity and honesty. +3. The Judge shall amend the recommendation of the two Arbiters in the event of violation of the provisions of this Law. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (122 ) +In actions filed for divorce due to prejudice, such prejudic e shall be proved by the legitimate +ways of proof and the adjudications issued against any spouse. +Hearsay testimonies shall be accepted as the court may decide if a witness testifies that the +spouses' married life is well known for prejudice. +Hearsay test imonies denying prejudice shall not be heard. +Federal Law of 2005 Regarding personal status 46 + The witness's testimony shall be heard, whether male or female, except the ancestors' +testimony for descendents or the descendents' testimony for ancestors if the witness fulfills the legal requirements of test imony. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (123 ) +If the wife asks for divorce before consummation or valid seclusion after returning the dowry she has received, the gifts she has taken and the money the husband has spent for +marriage, and if the husband refuses to divorce her, the judge shall separate them on the +basis of khul if he fails to conciliate them. + +Chapter Four +Separation for Non Maintenance +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (124 ) +1. If the present husband abstains from maintaining his wife without having an apparent financial resource from which obligatory maintenance can be executed within a close +period, his wife may ask for separation. +2. If the husband claims that he is financially unable without proving his financial inability, the judge may divorce his wife from him immediately. If he does not claim that he is +financially able or unable, or if he claims that he is financially able and insists on not +maintaining his wife and his financial inability is proved, the judge shall give him a period +not exceeding one month. If he fails to maintain her, the judge shall divorce her from him. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (125 ) +1. If the husband is absent at a known place: +Federal Law of 2005 Regarding personal status 47 + The maintenance judgment shall be e xecuted from his financial resources if he has any +apparent financial resource. +If he does not have an apparent financial resource, the judge shall warn him and give him a +respite not exceeding one month plus the prescribed distance period. If he fails to pay or +produce the maintenance, the judge shall divorce his wife from him after the period elapses. +2. If the husband is absent at an unknown place, or if it is not easy to reach him, or if he is +lost and it is proved that he has no financial resource from which maintenance can be taken, +the judge shall divorce his wife. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (126 ) +The husband may avoid the forced divorce by submitting proof of his financial ability and capability of maintenance, in which case, the judge shall give him the respite pres cribed in +Article 125 hereof. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (127 ) +The husband may restore his wife within the waiting period if he proves his financial ability +and shows his willingness for maintenance by paying the usual maintenance, failing which +the restoration shall not be valid. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (128 ) +If the action for non -payment is filed repeatedly more than twice and the court finds each +time that no ma intenance is paid and the wife asks for divorce for non -maintenance, the +judge shall divorce her irrevocably. + +Federal Law of 2005 Regarding personal status 48 + Chapter Five +Separation for Absence and Loss +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (129 ) +The wife may apply for divorce due to her husband's absence whose domicile or residence is +known. If he has a financial resource, maintenance can be charged from it. The wife shall not +be granted this judgment except after warning the husband to reside with his wife, move her +to him or divorce he r, provided that he shall be respited for a term not exceeding one year. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (130 ) +The wife of the lost husband whose domicile is not known may apply for divorce, but she +shall not be granted a favorable judgment except after investigation and search for him and +the lapse of one year from the date of filing the action. + +Chapter Six +Separation for Detention +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (131 ) +1. The wife of the husband sentenced conclusively to a custodial punishment for three years +or more may apply to the court after the elapse of one year after his detention for +irrevocable divorce. If he has a financial resource, she may spend from it. +2. If the wife is also detained and gets released before him, she may apply for separation after the elapse of one year after her releas e on the same conditions in item 1 of this Article. +3. As a condition for granting the wife a favorable judgment in the above two cases, the husband must not be released from prison while the action is being heard or the remaining +period of his detention m ust not be less than six months. +Federal Law of 2005 Regarding personal status 49 + Chapter Seven +Separation for Ila'a and Zihar +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (132 ) +The wife may apply for divorce if her husband swears not to have a sexual intercourse with +her four months or more (case known as ila'a) unless he goes back on his oath before the +elapse of the four months. Divorce in this case shall be irrevocable. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (133 ) +The wife may apply for divorce due to zihar (a case where the husband likens his wife to his +mother and hence regards her equally preposterous carnally). + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (134 ) +The judge shall warn the husband to atone for his zihar within four months from the date of +the oath. If he abstains for no excuse, the judge shall decide an irrevocable divorce. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (135 ) +While trying the action for forced divorce, the judge shall decide the summary measures he +deems necessary for guaranteeing the maintenance of t he wife and the children, and the +matters pertaining to their custody and visitation at the request of any of them. + + + + + +Federal Law of 2005 Regarding personal status 50 + Part Four +Effects of Separation +Chapter One +Waiting Period (Idda) +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (136 ) +The idda is a compulsory waiting period the wife spends w ithout marriage following a +separation. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (137 ) +1. The waiting period shall start from the time of separation. +2. In case of a suspicious copulation, the waiting period shall start from the last suspicious +copulation. +3. The marriage waiting period shall start from the date of abandonment or the judge -decided separation or the husband's death. +4. In case of deciding a divorce, separation, dissolution, the nullity of the contract or +adjudging the lost husband dead, the w aiting period shall start from the date the judgment +becomes final. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (138 ) +1. The wife whose husband dies after a valid marriage contract even before consummation +shall spend a waiting period of four months and ten days unless she is pregnant. +2. The pregnant wife's waiting period shall elapse upon delivery or abortion. +3. The wife whose marriage is consummated under a null or suspicious contract shall spend a divorce waiting period if her husband dies and it is proved that she is not pregnant. +Federal Law of 2005 Regarding personal status 51 + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (139 ) +1. No waiting period for the woman divorced before consummation and valid seclusion. +2. The non -pregnant divorcee's waiting period: +a. Three full cycles for the woman who is still having a menstrual cycle. +b. Three full months for the woman wh o has never had menstrual cycles or for the woman +who has reached menopause, but if she menstruates before the end of the three months, +she shall continue her waiting period for three additional cycles. +c. Three months for the woman whose menstrual cycle is long if her menstrual cycle is irregular. If she has a regular cycle that she remembers, she shall calculate the waiting +period accordingly. +d. The lesser of the three cycles or one year without menstruation for the woman whose +menstrual cycle stops befo re menopause. + + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (140 ) +If the husband divorces his wife whose marriage is commutated under a valid contract with +his individual will without her request, she shall deserve enjoyment maintenance plus the +waiting period maintenance depending on the husband's condition and subject to a +maximum of the maintenance of her equals. The judge may allow the payment in installments of this maintenance depending on the husband's financial ability and inability, +but he shall also consider the prejudice caused to the wife when he estimates it. + + +Federal Law of 2005 Regarding personal status 52 + " +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (141 ) +1. If the husband dies while the wife is spending a revocable divorce waiting period, she +shall move into a mourning waiting period without calculating the period she spent. +2. If the husband dies while the w ife is spending an irrevocable divorce or a dissolution +waiting period, she shall complete this waiting period without being obliged afterwards to +spend the mourning waiting period except if the divorce occurs in the last illness, in which +case she shall s pend the waiting period of the furthest term. + +Chapter Two +Custody +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (142 ) +Custody is keeping, bringing up and taking care of the child without interfering with the +right of the guardian of the person. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (143 ) +The custodian must be: +1. of sound mind. +2. of legal age and major. +3. honest. +4. capable of brining up, protecting and caring for the child taken in custody. +5. safe from dangerous infectious diseases. +6. He shall not have been convicted of any dishonorable crime before. + + +Federal Law of 2005 Regarding personal status 53 + " +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (144 ) +In addition to the above conditions, the custodian: +1. If she is a woman: +a. must not be married to a foreign husband who has consummated marriage with her +unless the court decides otherwise for the interest of the child. +b. must unite with the c hild in religion subject to the provisions of Article 145 hereof. +3. If the custodian is a man, +a. he must have a female qualified for custody. +b. he must be a mahram (unmarriageable) relative to the child if female. +c. he must unite with the child in religion. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (145 ) +If the custodian is a mother embracing another religion than the child's, she shall forfeit the +right to custody unless the judge decides otherwise for the child's interest, provided that her +custodial period shall not exceed the time he competes five years, whether male or female. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (146 ) +1. The right to the child's custody shall be awarded to his mother, then to mahram women, +provided that maternal relatives shall have precedence over paternal relatives, that the +closest relative on the two sides shall be considered except the father in the following order, and that the judge shall consider the child's interest when he decides this right: +a. The mother +b. The father +c. The mother's mother however high in lineage. +Federal Law of 2005 Regarding personal status 54 + d. The father's mother however high in lineage. +e. The sisters by giving precedence respectively to the full sister, the sister on the mother's +side, and the sister on the father's side. +f. The full sister's daughter. +g. The daughter of the sister on the mother's side. +h. Maternal aunts in the above order of sisters. +i. The daughter of the sister on the father's side. +j. The brother's daughters in the above order of sisters. +k. Paternal aunts in the said order. +l. The mother's maternal aunts in the said order. +m. The father's maternal aunts in the said order +n. The mother's paternal aunts in the said order. +o. The father's paternal aunts in the said order. +2. If there is no custodian among those wome n or if none of them is qualified for custody, +the custodial right shall pass to male agnates according to the order of entitlement to inheritance, and on the basis of giving precedence to the real grandfather over brothers. +3. If there is no custodial amo ng those agnates, the custodial right shall pass to the child's +mahram males other than the agnates in the following order: +The grandfather on the mother's side, the maternal brother, the maternal brother's son, the +mother's paternal uncle, maternal uncles by giving precedence to the full maternal uncle, +then to the father's maternal uncle, then the mother's maternal uncle. +4. If any male or female having the right to custody rejects it, the right shall pass to the +following person and the judge shall be no tified. If the judge refuses or fails to express his +opinion within fifteen days, right shall pass to the following person and so on. +5. In all cases, the custodial right shall not be awarded in case of difference in gender to the +Federal Law of 2005 Regarding personal status 55 + persons who are not mahrams for the child, male or female. +6. The mother shall have the right of her children's custody in case of a dispute over the +custody unless the judge decided otherwise for the child's interest. +7. Both of the father and mother may join the childr en to them if they have a dispute and the +mother has left the conjugal house even if the their conjugal relation is still existent. The +judge shall decide on their application depending on the children's interest. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (147 ) +If parents are not existen t and the persons entitled to custody reject it, the judge shall choose +a suitable person from the child's relatives or others or a qualified institution for such +purpose. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (148 ) +1. The father or else another tutor of the fostered child must look after his affairs, discipline, +orientation and education. +2. Whoever is in charge of the fostered child's alimony must provide the rent of a dwelling +for a woman fosterer unless the latter owns a dwelling in which she resides or allotted +for this purpose. +3. The woman fosterer is not entitled to remuneration if she is the wife of the fostered +child's father or is in her waiting period during which she is entitled to alimony from him. +4. As an exc eption from clause (1) of this Article, the foster mother shall have the educa- +tional tutelage over the fostered child in a way that achieves the interest of the fostered +child. +5. If there is a dispute concerning the interest of the fostered child, such dispute shall be +presented by the relevant persons to the judge of summary matters in order to render his +decision in the form of an order on a petition, taking into account the financial condition +Federal Law of 2005 Regarding personal status 56 + of the tutor and without affecting the right of the foster m other concerning the educa- +tional tutelage. +6. If the interest of the fostered child requires the transfer of the educational tutelage from +the foster mother to the father or another person whose tutelage over the fostered child +is proved, any one of them m ay present the matter to the judge of summary matters in +order to render his decision in the form of an order on a petition concerning the person +who should have the educational tutelage over the fostered child. +7. If the right of fostering of the fostered child is for females, within the prohibited degrees +of kinship, other than the mother, and tutelage is for a male other than the father, the +woman fosterer may, according to the interest of the fostered child, may present the +matter to the judge of summar y matters in order to render his decision in the form of an +order on a petition concerning the person who should have the educational tutelage +over the fostered child. +8. Provisions of this Article shall not violate the duty of alimony decided for the fost ered +child subject to this Law. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (149 ) +The custodian may not take the child for travel outside the state without the written consent +of the guardian of the person. If the guardian abstains from approving, the matter shall be +referred to the judge. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (150 ) +1. The mother may not take her child for travel or move him from the conjugal house during the existence of a conjugal relation or during the revocable divorce waiting period without +his father's written consent. +2. After irrevocable divor ce, the mother may move with the child to another city within the +state unless such movement affects the child's education or causes harm to the father or +Federal Law of 2005 Regarding personal status 57 + makes him suffer unusual hardship or costs for visiting the child. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (151 ) +1. If the custodian is another person than the mother, she may not take child for travel +without his guardian's written consent. +2. No guardian, father or otherwise, may take the child for travel in the custody period without the written consent of his cus todian. +3. The irrevocably divorced mother's custody may not be extinguished just due to the +father's movement to other than the residence town of the custodian except if such +movements is for settlement, not aimed at harming the mother, and the distance b etween +the two towns does not prevent the seeing of the child and returning on the same day by the +ordinary means of transport. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (152 ) +The custodians right to custody shall abate in the following cases: +1. If one of the conditions mentioned in Art icles 143 and 144 is breached. +2. If the custodian settles in a country where it will be difficult for the child' guardian to perform his duties. +3. If the person having the right to custody fails to claim it six months for no excuse. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (153 ) +Custo dy shall return to the person who loses it after the reason for forfeiting it disappears. + + +Federal Law of 2005 Regarding personal status 58 + " +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (154 ) +1. If the child is in one parent's custody, the other shall have the right to visit and ask to be +visited by the child as decided by the judge, provid ed that the place, time and the person +responsible for brining the child are specified. +2. If one of the child's parents is dead or absent, the child's mahram relatives shall have the +right to visit him as decided by the judge. +3. If the child is in the custody of other than his parents, the judge shall designate the mahram relative entitled to visit him. +4. The judgment shall be executed compulsorily if the custodian refuses to execute it. +5. The Minister of Justice, Islamic Affairs and Wakfs shall issue the regulations determining +the measures of seeing, delivering and visiting the child, provided that police stations and jails shall be excluded. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (155 ) +If there are several persons having the right to custody and being of the same degree, the +judge shall choose the most suitable custodian for the child. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (156 ) +1. The custody awarded to women shall terminate when the male child reaches eleven years of age and the female thir teen, unless the court decides for the child's interest to extend this +period till the male becomes of age and the female gets married. +2. The custody awarded to women shall last if the child is demented or infected with a disabling disease unless the child's interest requires otherwise. + +Federal Law of 2005 Regarding personal status 59 + " +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (157 ) +1. Without prejudice to the provisions of article (149) of this Law, the tutor may keep with +him the passport of the fostered child, except in case of travel, where he should hand it +over to the woman foster er. +2. The judge may order to keep the passport in the hands of the woman fosterer if the +judge observes an obstinateness from the tutor's part to refuse delivering the passport to +the woman fosterer in case of necessity. +3. The woman fosterer may keep the originals, or true official copies of the birth certificate +and any other evidential documents, pertaining to the fostered child, as well as his iden- +tity card. +4. Whoever is (18) eighteen years old and does not have anything that prevents his full ca- +pacit y, whether a male or female, is entitled to keep his/her passport and any other evi- +dential documents, unless the judge decides otherwise. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (158 ) +Judgments delivered for embracing, keeping, delivering the child to a trustee and separating +the spouses and matters pertaining to personal status shall be executed compulsorily even if +this execution leads to using force or entering houses. The execution officer shall follow the +instructions given by the executor judge of the court having within its precinct the place +where execution shall take place. Re -execution of the judgment may take place whenever +necessary. +No ruling issued against the wife for following up may be executed compulsorily. + + + + +Federal Law of 2005 Regarding personal status 60 + Book Three +Legal Capacity and Guardianship +Part One +Legal Capacity +Chapter One +General Provisions +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (159 ) +Any person shall have the legal capacity to enter into contracts unless his capacity is stripped +off or restricted by the force of law. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (160 ) +The following persons shall be considered minors: +1. The fetus +2. The mad, idiotic and prodigal persons +3. The lost and absent persons + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (161 ) +The following persons shall be considered incapacitated: +1. The youngster who is incapable of discerning. +2. The insane and idiotic persons. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (162 ) +The following persons shall be considered incompletely capacitated: +Federal Law of 2005 Regarding personal status 61 + 1. The youngster capable of dis cerning. +2. The prodigal person. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (163 ) +The minor's affairs shall be handled by his representative who according to conditions shall +be called a guardian or a trustee (including the chosen trustee and the judge's trustee) or a +curator. + +Chapter T wo +Provisions Concerning the Youngster +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (164) +The youngster may be capable or incapable of discerning. +According to the provisions hereof, the discerning youngster shall be the person who has not completed seven years of age, whereas the undiscernin g youngster shall be the person +who has completed seven years of age. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (165 ) +Without prejudice to the provisions of Article 30 and 31 hereof, +1. The undiscerning youngster's verbal disposals shall be absolutely ineffective. +2. The discerning youn gster's verbal and financial disposals shall be effective if purely +beneficial for him, but ineffective if purely harmful for him. +3. The discerning youngster's verbal and financial disposals ranging between harm and benefit shall depend for their effect o n approval. + +Federal Law of 2005 Regarding personal status 62 + " +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (166 ) +1. The guardian may permit the minor who has completed eighteen years of age to receive +all or some of his property for management. +2. The court may after hearing the trustee's statements permit the minor who has completed +eighteen years of age to receive all or some of his property for management. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (167 ) +The youngster permitted to transact the disposal falling under the pe rmission shall be +regarded as a major. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (168 ) +If the discerning youngster has completed eighteen years of age and found that he is able to +dispose wisely but the trustee abstains from permitting him to manage any part of his +property, the matter s hall be referred to the judge. + + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (169 ) +The person permitted by his trustee to dispose of his property shall submit the judge a periodical account of his disposals. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (170 ) +The judge and the trustee may rescind or restrict the permission if the youngster' child so +requires. + +Federal Law of 2005 Regarding personal status 63 + Chapter Three +Majority +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (171 ) +Any person attaining the age of majority and enjoying his mental powers without being +interdicted shall be fully capacitated for exercising his rights stipulated herein. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (172) +The person shall attain the age of majority it he has completed twenty -one lunar years. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (173 ) +After reaching the age of majority, the minor may hold the trustee responsible for his disposals during the guardianship period. + +Chapter Four +Impediments of Legal Capacity +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (174 ) +Impediments of Legal Capacity +1. Insanity: An insane person is the one who loses his mind completely or intermittently and +suffers dementia. +2. Prodigality: A prodigal person is the one who squanders his money fo r useless purposes. +3. Last illness: The illness during which man cannot handle his usual business and in which +he is most likely to die in this condition before one year. If his illness extends one year or +more while he is in the same condition, his dispo sals shall be regarded as effective as those +of a healthy person. +Federal Law of 2005 Regarding personal status 64 + 4. Cases in which man is threatened with the danger of death and in most cases similar to +which death is most probable even if he is not ill shall be regarded as last illnesses. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (175) +1. The insane person's financial disposals shall be valid as soon as he recovers, but invalid +after being interdicted. +2. The prodigal person's financial disposals committed after being interdicted shall be governed by the provisions pertaining to the discerning youngster's disposals. +3. The prodigal person's financial disposals committed before being interdicted shall be valid +unless they are committed as a result of exploitation or conspiracy. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (176 ) +The patient's disposals committed in the last illness and cases regarded as such shall be +referred to the provisions of Islamic jurisprudence according to Article 2 hereof. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (177 ) +The interdict shall have the right to file an action himself to lift his interdiction. + +Part Two +Guardianship +Chapter One +General Provisions +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (178 ) +1. Guardianship includes guardianship of the person and guardianship of property. +Federal Law of 2005 Regarding personal status 65 + A. Guardianship of the person is the care for all the minor's affairs including supervising, +protecting, raising, educating him, directing his life, preparing him well and agreeing to get him married. +B. Guardianship of property is: +1. The care for all matters relative to the minor's property, its protection, management and +investment. +2. Guardianship shall also include wardship , curatorship and legal representation. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (179 ) +Subject to the provisions on the female's marriage contained in Article 39 hereof, the +guardianship of the person shall apply to the youngster till he reaches the legal age and +majority, and the insan e and idiotic adults. + +Chapter Two +Conditions of Guardianship +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (180 ) +1. The guardian must be of legal age, sound mind, major, honest and capable of performing +the guardianship requirements. +2. The guardian of the person must be honest for the mino r, capable of handling his affairs +and untied with him in religion. + + + + +Federal Law of 2005 Regarding personal status 66 + Chapter Three +Guardianship of the Person +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (181 ) +1. Guardianship of the person shall be awarded to the father, then to the agnate by himself +according to the order of inheritance. +2. If there are several persons entitled to guardianship of the same degree, same strength of relation and equal in majority, guardianship shall be awarded to the oldest among them. If they are differ ent in majority, the court shall choose the most suitable among them for +guardianship. +3. If there is no person entitled to guardianship, the court shall appoint a guardian of the +person from the minor's relatives if it finds a suitable one among them for guardianship, +otherwise from others. + +Chapter Four +Stripping off the Guardianship of the person +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (182 ) +Guardianship of the person shall be stripped off in the following cases: +1. If some conditions of guardianship stated herein are breached. +2. If the guardian jointly with the minor or another person commits rape or indecent assault +or leads the minor to debauchery or to any crime of a similar status. +3. If the guardian suffers a decisive sentence for an intentional felony or misdemeanor +commit ted by him or by another against the minor +4. If the guardian is sentenced to a more than one -year custodial punishment. + +Federal Law of 2005 Regarding personal status 67 + " +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (183 ) +1. Guardianship of the person may be stripped off totally or partially, permanently or +temporarily, in the following cases: +A. If the guardian is sentenced to a custodial punishment for a period of one year or less. +B. If the minor's safety, health, honor, character or education is exposed to serious danger +due to the guardian's maltreatment or bad example resulting from t he guardian's fame for ill +conduct or addiction to intoxicants or drugs, or due to carelessness. In this case, no judgment punishing the guardian because of any mentioned reason shall be required. +2. The court may instead of stripping off the guardianship in the foregoing cases entrust the +minor to a specialist social institution without discontinuing the guardianship. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (184 ) +In the cases mentioned in Articles 182 and 183 hereof, the court may of its own initiative or at the request of the investigation authority entrust the minor temporarily to an honest +person or a specialized social institution till the guardianship is decided. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (185 ) +If the guardian is stripped of the guardianship of some of the minors, guardianship of the +others shall be also stripped. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (186 ) +If the court decides to strip off or limit or discontinue the guardianship of the person, the +guardianship shall pass to the one following him in order if he is eligible. If he refuses or if he +is not eligible, the court may entrust the guardianship to any person it deems eligible even if +Federal Law of 2005 Regarding personal status 68 + he is no relative of the minor, or it may entrust this guardianship to a specialized social +institution. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (187 ) +In other than the cases where guardianship is stripped off compulsorily, the court may +restore to the guardian of the person his guardianship it has stripped off partially or totally at +his request, provided that six mo nths has elapsed for the disappearance of the reason for +this stripping off. + +Chapter Five +Guardianship of Property +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (188 ) +The guardianship of property shall be granted to the father alone, then to his trustee if any, then to the real grandfather, then to his trustee if any, then to the judge. None of those may assign his guardianship without the court permission. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (189 ) +The guardianship of property shall not include whatever devolves to the minor by donation if the donor so stipulates. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (190 ) +The minor's property or benefits may not be lent or donated. If anything of these is disposed +of, the disposal shall be void and resultant in responsibility and security. + +Federal Law of 2005 Regarding personal status 69 + " +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (191 ) +The guardian may not dispose of the minor's property in a way resulting in alienation or a +real right from it without the court permission and unless it shall serve an apparent necessity +or interest estimated by the court. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (192 ) +The guardian may not borrow for the minor's interest without the court permission and without contravening the rules of Islamic Sharia (law). + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (193 ) +The guardian may not lease the minor's real estates for a period extending one year after his +becoming major without the court permission. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (194 ) +The guardian may not continue carrying on any trade devolving to the minor without the +court permission and within the limits of such permission. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (195 ) +The guardian may not accept any donation for the minor or any will burdened with obligations without the court permission. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (196 ) +1. The guardian shall prepare a list of the minor's property and devolutions and deposit such +list at the clerical of fice of the court having within its precinct his domicile, within two +Federal Law of 2005 Regarding personal status 70 + months from the start of guardianship or devolution of such property to the minor. +2. The court may consider the failure to submit or delay in submitting such list exposure of +the minor' s property to danger. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (197 ) +The guardian may with the court permission maintain the minor from the minor's property if he is required to support him. He may also maintain the persons the minor is required to +maintain. + +Chapter Six +Stripping off the Guardianship of Property +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (198) +If the minor's property becomes endangered due to the guardian's misconduct or any other +reason, the court shall strip or restrict his guardianship. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (199 ) +The court shall decide to discontinue the guardianship if it considers the guardian absent, or +if he is imprisoned in execution of a custodial punishment for one year or less. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (200 ) +A judgment stripping off the guardianship of the minor's person shall result in forfeiting o r +terminating as regards property. + + +Federal Law of 2005 Regarding personal status 71 + " +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (201 ) +If the guardianship is stripped off, restricted or discontinued, it shall not be restored without +a court judgment after making sure that the reasons calling for such stripping off, restriction +or discont inuation have disappeared. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (202 ) +Previously rejected motions for restoring the guardianship shall be accepted only after the elapse of one year from the final dismissal judgment. + +Chapter Seven +Disposals of the Father and Grandfather +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (203 ) +The guardianship granted to the father over his minor child shall include safekeeping, managing and investing his property. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (204 ) +The guardianship granted to the father shall include his son's minor children if their father is interdicted. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (205 ) +The father's disposals shall be deemed effective especially in the following cases: +1. Entering into contracts in his child's name and disposal of his property. +2. Carrying on trade for his child's account in case of apparent benefits only. +3. Accepting legitimate donations for his child's interest if they are free from detrimental +Federal Law of 2005 Regarding personal status 72 + obligations. +4. Spending from his child's property on those he is required to maintain. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (206 ) +If the father's disposals shall be dependent on the court p ermission in the following cases: +1. If he buys his child's property for himself, his wife or all his children. +2. If he sells his own or his wife's or all his children's property to his son. +3. If he sells his child's property to invest its price for hims elf. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (207 ) +1. The father's disposals shall be void if it is proved that his disposal is bad or does not serve +any interest for the minor. +2. The father shall be responsible as regards his property for the serious error that results in harming his child. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (208 ) +The father's guardianship shall be stripped off or restricted if the judge finds that the minor's +property has become endangered due to his father's disposal. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (209 ) +The provisions prescribed for the father in this part shall apply to the grandfather. + + + +Federal Law of 2005 Regarding personal status 73 + Chapter Eight +Termination of Guardianship +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (210 ) +Guardianship shall terminate once the minor child attains majority unless the court decides +continuing the guardianship over him. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (211 ) +If a guardianship over any person is terminated, it shall not be restored unless a reason for +interdiction arises. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (212 ) +The guardian or his inheritors shall restitute the minor's property to him upon the +termination of the guardianship through the competent court. + +Chapter Nine + Trustee +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (213 ) +1. The father may appoint a chosen trustee for his minor child or dormant gestation and for +the minor children of his interdicted son. This appointment may be exercised by the donor in the cases stated in Article 189 and trusteeship shall be submitted to the court for +confirmation. +2. Both of the father and the donor may retract such cho ice at any time. +3. The choice and the retraction shall be established by an official or a customary document. +4. If there is no chosen trustee or real grandfather for the minor or the dormant gestation, +Federal Law of 2005 Regarding personal status 74 + the court shall appoint a trustee. +5. The trustee ma y not dispose of the dormant gestation property till the fetus is born alive +by delivering it to his legal guardian. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (214 ) +The judge shall appoint a special or temporary trustee whenever the minor's interest so +requires. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (215 ) +The trust ee, whether chosen or appointed by the judge, must be just, competent, honest, +fully capacitated, united in religion with the minor, capable of performing the trusteeship requirements. The following persons may not be appointed as trustees in particular: +1. Any person the minor's father decides to deprive of such appointment before his death if such deprivation is built on strong reasons deemed by the court after verification as a +justification and provided that such deprivation is established by an official or a customary +document. +2. Any person who has in person or one of whose ancestors, descendents or wife has a +judicial dispute with the minor, or any person having enmity with the minor or his family if +fear arises from all this for the minor's interest . +3. Any person sentenced to a custodial punishment for a crime prejudicial to manners, honor or integrity. However, this condition may be overlooked in case of prejudice upon the +elapse of five years. +4. Any person having no legitimate means of livelihood . +5. Any person divested of guardianship or removed as a trustee over another minor. +Federal Law of 2005 Regarding personal status 75 + " +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (216 ) +The trustee shall abide by the conditions and the tasks assigned to him under the trusteeship +instrument unless they are illegal. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (217 ) +The trustee may be a male or a female, a natural or an artificial person, several or joint, independent or together with a supervisor. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (218 ) +1. If there are several trustees, none of them may dispose solely except if the legator has +specified the ir respective authorities. If the will is created for a number of joint trustees, none +of them may dispose without the others' consent. However, each trustee may take such procedures as necessary, urgent for, or resulting in a benefit for the minor, dispos e of any +part feared for due to damage or delay, or dispose of undisputed things such as restituting +the minor's fixed deposits. +2. If a dispute arises among the trustees, it shall be referred to the court. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (219 ) +The will shall be enforceable if it is accepted expressly or purportedly. No trustee may waive +the will if he accepts it expressly or purportedly except through the competent court. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (220 ) +If the father appoints a supervisor to monitor the trustee's acts, the supervisor shall tak e +whatever is required for such purpose as required by the minor's interest. The supervisor +Federal Law of 2005 Regarding personal status 76 + shall be responsible to the court for such acts. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (221 ) +The conditions applying to the trustee shall apply of the supervisor. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (222 ) +1. The p rovisions applying to the trustee shall apply to the supervisor as regards his +appointment, removal, accepting his resignation, the wage for his acts and his responsibility +for his omission. +2. The court shall decide to terminate supervision if its reasons disappear. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (223 ) +The trustee shall manage, protect and invest the minor's property and shall exert as much care as that exerted for similar purposes. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (224 ) +The trustee's disposals shall be controlled by the court; he shall submit it periodical accounts +of his disposals concerning the management of the minor's property and the persons regarded as such. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (225 ) +The trustee may not carry out the following ac ts without the court permission: +1. Disposing of the minor's property by sale, purchase, barter, partnership, mortgage, or any other kind of disposal resulting in alienation or a real right. +Federal Law of 2005 Regarding personal status 77 + 2. Disposing of instruments, shares or any portions thereof, or any significant movable or +that is not feared for due to damage unless it is of low value. +3. Assigning the minor's property or accepting any assignment to him if he is indebted. +4. Investing the minor's funds for his own account. +5. Borrowing funds for the minor's interest. +6. Leasing the minor's real estates. +7. Accepting or rejecting conditional donations. +8. Spending from the minor's funds on the persons he is required to maintain unless the maintenance is decided by an enforceable judgment. +9. Perfo rming the current obligations due from the estate or the minor. +10. Recognizing a right due from the minor. +11. Concluding conciliation or arbitration. +12. Filing actions unless their delaying them causes harm to the minor or the loss of his rights. +13. Wa iving actions and not using the legally prescribed ways of appeal. +14. Selling or leasing the minor's property to himself, his wife, any of their ancestors, +descendents or to any person represented by the trustee. +15. Paying the dowry or any other expenses for the minor's marriage according to applicable +laws. +16. Educating the minor if he required maintenance. +17. Paying maintenance to the minor for practising a specific profession. + + +Federal Law of 2005 Regarding personal status 78 + " +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (226 ) +Neither the entity entrusted with handling the minors' af fairs nor any official thereof may +purchase or lease anything for himself, his wife, any of their ancestors or descendents from +the minor's property, or sell for the minor anything of what is owned by the minor, his wife, +or any of their ancestors or desce ndents. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (227 ) +Trusteeship shall be unpaid except if the court decides at the trustee's request to determine +him a wage or grant him some remuneration for a specific task or if the trustee fixes himself +a customarily acceptable wage. + +Chapter Ten +Termination of Trusteeship +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (228 ) +The trustee's mission shall terminate in the following cases: +1. If he dies, becomes incapacitated or incompletely capacitated. +2. If his loss or absence is proved. +3. If his request for renouncing his mission is acc epted or if he removed. +4. If he fails to perform the duties of trusteeship. +5. If the minor is considered major or if he becomes major and sound -minded. +6. If interdiction is lifted. +7. If the minor's father restores his capacity. +8. If the minor or the interdict dies. +9. If the task for which the trustee is appointed to perform or if the period timed for it +Federal Law of 2005 Regarding personal status 79 + terminates. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (229 ) +If the boy attains his adulthood in a state of insanity or untrustworthiness for his property, +the trustee shall notify t he court to consider continuing the trusteeship after his adulthood. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (230 ) +A judgment shall be issued for removing the trustee: +1. If he has a reason rendering him non -eligible for trusteeship even if such reason exits at +the time of his appointm ent. +2. If he mismanages or neglects the minor's property or if his stay is dangerous for the minor's interest. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (231 ) +1. The trustee shall when his mission terminates deliver the minor's property and all its +related accounts and documents to the parties concerned under the court supervision no +later than thirty days from termination. He shall deposit at the competent court clerical +office within the said period a copy of the account and the property delivery report. The +court shall observe the pro visions of penal responsibility if necessary. +2. Any undertaking, release or quittance obtained by the trustee from the minor who +reaches majority within one year from the date the account is legalized by the court shall be +null and void. + + +Federal Law of 2005 Regarding personal status 80 + " +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (232 ) +If the trustee dies, is interdicted or considered absent, his successors or representatives or +those taking possession of the property according to conditions shall notify the court +immediately to take the necessary procedures to protect the minor's rights , deliver his +property and submit the relevant account. + +Part Three +The Absent and the Lost Persons +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (233 ) +1. The absent person is the one whose domicile or residence is not known. +2. The lost person is the one who is not known to be alive or dead. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (234 ) +If there is no representative for the absent or the lost person, a judicial representative shall +be appointed to manage his property. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (235 ) +The absent or the lost person's property shall be calculated when a judicial representative is appointed and shall be managed the way the minor's property is managed. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (236 ) +Loss shall end: +1. If the lost person's life or death is established. +2. If a judgment is passed for considering the lost person dead. +Federal Law of 2005 Regarding personal status 81 + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (237 ) +1. The judge shall in all cases search for the lost person by all means to know if he is alive or +dead before adjudging him dead. +2. The judge shall adjudge the lost person dead if evidence for his death exists. +3. The judge may adjudge the lost person dead in the cases where his death prevails, or if +one year elapses after announcing his loss at the request of the persons concerned, or if four +years elapse in normal cases. +4. The property of the lost person adjudged dead shall not be distributed except upon the +elapse of fifteen years from the date of declaring him lost. + + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (238 ) +The day the lost person is adjudged dead shall be the date of his death. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (239 ) +If the lost person adjudged dead reappears alive, +1. He may restore his wife in the following cases: +A. If her second husband has not consummated her marriage under a valid contract. +B. If her second husband learns about her first husband's life. +C. If her second husband marries her during the waiting period. +2. He shall claim his estate from his successors save any perished portions. + + +Federal Law of 2005 Regarding personal status 82 + Book Four +Wills +Part One +General Provisions +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (240) +A will is a disposal of an estate that is enforceable after deat h. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (241 ) +Wills that are absolute, contingent, dependent on or restricted by a valid condition shall be +valid. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (242 ) +If the will is coupled with a condition contrary to the Islamic intents or the provisions hereof, +the condition shall b e void while the will be valid. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (243 ) +The will shall be executed within the third of the legator's estate, after paying the rights +related thereto. Any excess above the thir d shall be executed from the shares of the legally +aged inheritors who approve it. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (244 ) +Any disposal occurring in the last death for the purpose of donation or preference shall be +governed by the provisions on wills whatever the name given to such disposal. +Federal Law of 2005 Regarding personal status 83 + +Part Two +Elements and Conditions of the Will +Chapter One +Elements +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (245 ) +Elements of the will are: The formula, the legator, the legatee and the bequeathed object. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (246 ) +The will shall be concluded verbally or in writing, otherwise by an understandable sign if the +legator is unable to express. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (247 ) +In case of denial, actions for probating or retracting the will shall be heard only if such denial +or probate is proved by the legally prescribed methods of p roof. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (248 ) +1. The will created by persons having the capacity to donate even in their last illness shall be +valid, provided that the provisions of Articles 174 and 176 hereof shall be observed. +2. The will created by persons interdicted for prod igality or unconsciousness shall be valid +by the court permission. +3. The legator may amend or retract his will or retract in whole or in part. +4. Loss by the legator of the bequeathed property shall be considered retraction from the +will on his part. +Federal Law of 2005 Regarding personal status 84 + " +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (249 ) +Wills created for persons eligible for owning the bequeathed object shall be valid even if +there is a difference in religion. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (250 ) +Without prejudice to article (243) of this Law, a will may not be made to an heir unless in +the follow ing two cases: +1. If it is approved by other major heirs, and it is then executable on the share of the one +who consented. +2. If it is required by a likely interest acknowledged by the court. In this case, the will +shall be executed even if other heirs do not approve it. + +Chapter Two +Conditions of the Validity of Wills +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (251 ) +1. The will created for a specified person whether alive or a dormant gestation shall be valid. +2. The will created for a specified or unspecified group of people shall be valid. +3. The will created for legally permissible charitable purposes shall be valid. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (252 ) +1. For the will created for a specified person to be valid, it must be accepte d after the +legator's death or during his life, and this acceptance must remain after his death. +2. If the legatee is a fetus or a minor or interdicted, his property guardian must accept the +will, or he may reject it after obtaining the judge's permission. +3. The will created for an unspecified person shall not need accepting, nor shall it be +Federal Law of 2005 Regarding personal status 85 + rejected. +4. The will created for entities, establishments or institutions shall be accepted by their legal +representatives who may reject it after obtaining the judge 's permission. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (253 ) +1. Accepting the will immediately after the legator's death shall not be required. +2. If the legatee remains silent for a period of thirty days after he learns about the will, his +silence shall be considered acceptance of the will. If the will is burdened with an obligation, +the period shall be extended to fifty days unless there is an admissible impediment for his +failure to reply. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (254 ) +The fully capacitated legatee may reject the will in whole or in part. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (255 ) +If the legatee dies after the legator without expressing acceptance or rejection, the will shall devolve to the legatee's heirs unless it is burdened with obligations. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (256 ) +1. The specified legatee shall possess the bequeathed object fro m the date of the legator's +death subject to his acceptance. +2. The successor of the legatee who dies before the division shall replace him. +3. The bequeathed object shall be divided equally if there are several legatees unless the legator stipulates disparity. +Federal Law of 2005 Regarding personal status 86 + 4. The survivor of the twins shall solely possess the object bequeathed for gestation if one of +them is delivered dead. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (257 ) +1. The will created for an unspecifiable group shall include in the future the persons of them +who are prese nt on the day of the legator's death and those to be present. +2. The number of the unspecified group shall be restricted if all their fathers die or if it is no longer hoped that any of those surviving of them will have children. +3. If it is no longer hope d that any legatee is present, the bequeathed object shall be a +succession. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (258 ) +The present persons of the group that is not specified in the will shall utilize the bequeathed +object. The shares of utilization shall change whenever a birth or a death occurs. +Proceeds of the object bequeathed for the unspecified group who cannot be defined shall be distributed to the present persons of them. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (259 ) +The object bequeathed for the unspecified group shall be sold if it is feared that it may be +lost or decrease in value, and its price shall be used for buying something that can benefit the legatees. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (260 ) +1. The will created for charities shall be paid for their legally permissible interests. +Federal Law of 2005 Regarding personal status 87 + 2. Proceeds of the object bequeathed pote ntial institutions shall be paid to the most similar +institutions till they exist. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (261 ) +The bequeathed object must be owned by the legator and legitimate. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (262 ) +1. The bequeathed object must be common or specific. +2. The common bequeat hed object shall include all the legator's present and future +property. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (263 ) +The will concerning a joint share shall be executed if this execution takes place within the +third of succession. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (264 ) +1. The specific bequeathed object shall include properties and movables, fungible things, +valuable things, realties, utilities and utilization of a realty or movable for a specific or +unspecific period. +2. Any legator who bequeaths a specific object to a s pecific person and then bequeaths the +same object to another shall divide that object between them equally unless he intends by +that act to retract the will has created for the first. + + +Federal Law of 2005 Regarding personal status 88 + Chapter Three +Bequeathing Utilities and Lending +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (265 ) +1. If the value of the specific property bequeathed for utilization or benefit is less than the +third of succession, the realty shall be delivered to the legatee for utilization according to the +will. +2. If the value of the specific property bequeathed for utilizat ion or benefit, as well as the +value of utilizing it for the specified period is more than the third of succession, inheritors shall be asked to choose between approving the will or giving the legatee a portion equal to +the third of succession. +3. If the w ill concerning the utility extends throughout the legatee's life, the will shall be +estimated at the value of the realty. +4. The will created for lending the legatee a defined amount of money shall be valid, but it +shall not be executed in respect to any p ortion above the third of succession without +inheritors' approval. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (266 ) +The legatee bequeathed the utilization of a specific object may use or exploit this object even if in a different way from that shown in the will, provided that no damage sh all be +caused to the realty. + + + + +Federal Law of 2005 Regarding personal status 89 + Chapter Four +Bequeathing an Equivalent of the Inheritor's Share +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (267 ) +If a portion equivalent to the share of a specific inheritor of the legator is bequeathed, the +legatee shall be entitled to as much as the share of this inheritor plus the legal share. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (268 ) +If the share of an unspecified inheritor of the legator or if a portion equal to that share is +bequeathed, the legatee shall be entitled to the share of one inheritor plus the legal share if +they inherit on an equal basis. If they are preferred to one another, the share of the least +inheritor shall be estimated plus the legal share. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (269 ) +The legatee bequeathed as much as the inheritor's share, be he male or female, shall be entitled to a portio n not exceeding the third. Any portion in excess shall be executed from +the share of the legally aged inheritor approving this excess. + +Chapter Five +Nullity of the Will +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (270 ) +The will shall be null in the following cases: +1. If the legatee retract s his will expressly or purportedly. +2. If the legatee dies during the legator's life. +3. If the legatee rejects the will during the legator's life or after his death. +Federal Law of 2005 Regarding personal status 90 + 4. If the legatee kills the legator whether the legatee is the principal perpetrator, ac complice, +or a causative party, provided that he is of sound mind, and attains the age of penal +responsibility at the time of commission, whether killing occurs before or after creating the +will. +5. If the specific bequeathed object perishes or is deserved by a third party. +6. If the legator or the legatee deflects from Islam without re -conversion. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (271 ) +If the legatee acquires the capacity of the legator's inheritor, this shall make his entitlement +dependent on the approval of all the other inher itors. + +Chapter Six +Mandatory Wills +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (272 ) +1. Whoever dies even if according to a judgment and has a child, boy or girl, and this boy or +girl dies before or with him, their grandchildren shall be entitled to the third of succession +according to the following portions and conditions: +A. The mandatory will created for those grandchildren shall be estimated at their share of +what their father inherits from his decedent ancestor on the assumption that their father +dies following the death of his mention ed ancestor, provided that the share shall not exceed +the third of succession. +B. Those grandchildren shall not be entitled to the will if they are inheritors of their father's ancestor, whether the grandfather or grandmother, of if he has bequeathed or given them in +his life for no consideration something equal to the share they deserve in this mandatory +Federal Law of 2005 Regarding personal status 91 + will. If he has given them a lower portion, it shall be supplemented. If greater, the portion in +excess shall be an optional will. If he confines the will to some of them only, the will be shall +due to the others according to their shares. +c. This will shall be due to the son's children and the daughter's children however low in +lineage, one or more, the male deserving the share of two females, the ancestor excluding +the descendent, and each descendent taking the share of his ancestor only. +2. The mandatory will shall have precedence over the optional one for recovery from the +third of inheritance. +3. Killers and apostates shall be deprived of mandatory wills according to the provisions hereof concerning wills. + +Chapter Seven +Overlapping of Wills +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (273 ) +If the third of inheritance is not sufficient for the wills of equal degree and the legally aged +inheritors do not approve the portion in excess of the third, this portion shall be shared by +them on a pro rata basis. If one of the wills concerns a specific ob ject, its value shall be +subject to clearing so that the person entitled to it can take his share of the specific object, and the others take their shares from the remainder of the third. + + + + +Federal Law of 2005 Regarding personal status 92 + Book Five +Estates and inheritance +Part One +Estates +Chapter One +Gen eral Provisions +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (274 ) +An estate is the property and financial rights the decedent leaves behind. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (275 ) +The estate is subject to rights some of which have precedence above others according to the +following order: +1. Expenses for preparing the decedent for burial. +2. Paying the decedent's debts. +3. Execution of wills +4. Distribution of the estate remainder to successors + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (276 ) +Confirmation of Death and Inheritance +1. Applicants for probating death and inhe ritance shall submit a relevant request to the court +of competent jurisdiction stating the date of death, the decedent's last domicile, names and +addresses of successors, legatees and all movables and property of the estate. +2. The clerks office shall notify the successors and legatees to appear before the court on the +Federal Law of 2005 Regarding personal status 93 + date to be determined for such purpose. The judge shall hear the testimony of a trustworthy +person. He may also assign him to carry out the administrative enquires he determines. +3. The proba tion of death and inheritance shall serve as evidence unless a ruling to the +contrary is issued or unless the competent court decides to stop its determinative effect. The +court shall issue an attestation for the limitation of successors and determination of the each +inheritor's legal share in inheritance. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (277 ) +Procedures for liquidating the estate +1. If the legator has not appointed a trustee for his estate, any concerned party may ask the +judge to appoint a trustee to be unanimously chosen by all successors from them or others, +failing which the judge shall elect the trustee after hearing their statements. +2. The provisions of special laws shall be observed if there is dormant gestation among +successors or a person who is incapacitated, semi- capacitated or absent. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (278 ) +If the legator has appointed a trustee for his estate, the judge shall confirm such +appointment if requested by a successor. The trustee may relinquish this appointment. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (279 ) +The judge may, at the request of a concerned party or the public prosecution or without +being asked, remove the trustee and appoint another in his place if a justification for such +act is established. + +Federal Law of 2005 Regarding personal status 94 + " +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (280 ) +1. The court shall enter in a special record the orders issued for appoin ting or removing +trustees for the estate if the legator appoints or removes them of they resign. +2. This entry shall be effective for third parties who deal with the successors in respect of the +estate realties. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (281 ) +1. The estate trustee shall receive its property after his appointment and liquidate such +property under the control of the judge for whom he may ask for remuneration to be +determined by the judge. +2. The estate shall sustain the liquidations expenses and such expenses shall have the lien +right of juridical expenses. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (282 ) +The judge shall, if necessary, take all necessary measures for preserving the estate. He may +also order that funds, securities and valuable things be deposited in the treasury o f the court +having within its precinct all or most of the estate property till the liquidation takes place. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (283 ) +The estate trustee shall pay from the estate funds: +1. Costs for preparing the decedent for burial +2. An adequat e maintenance to the successor in need pending completion of liquidation +after obtaining a court order for payment, provided that the cost taken by each successor +shall be deducted from his share in the estate. +Federal Law of 2005 Regarding personal status 95 + 3. The judge shall decide on any dispute in t his regard. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (284 ) +1. From the time of appointing a trustee for the estate, creditors may not take any procedure +regarding the estate or pursue any procedure they have taken except vis -`-vis the estate +trustee. +2. All procedures taken against the legator shall be discontinued pending settlement of all +the debts of the estate once any concerned party so requests. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (285 ) +No successor may, before receiving the certificate attesting his share in the net estate, +dispose of the estate property o r recover the debts owing to the estate or conclude a debt on +him as clearance with the succession debt. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (286 ) +1. The estate trustee shall take all measures necessary for protecting the estate property, carry out all necessary administrative tas ks, represent the estate in actions and recover the +debts owing to the estate. +2. The estate trustee, even if he is not hired, shall be as responsible as a hired proxy. The +court may ask him to submit an account of his administrative tasks at periodical in tervals. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (287 ) +1. The estate trustee shall invite the estate creditors and debtors to submit a statement of +their rights and debts within two months from the date of publishing this order. +Federal Law of 2005 Regarding personal status 96 + 2. This order shall be pasted on the notice board of the court having within its precinct the +last domicile of the legator and the court having within its precinct all or most of the estate +realties and publish this order in a daily newspaper. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (288 ) +The estate trustee shall deposit at the court issuing the decision of his appointment within +three months from the date of appointment an inventory statement of the estate assets and +liabilities and an estimation of these funds. He shall also notify the persons concerned about +this deposit by a registered le tter. He may also ask the court to extent this period if relevant +justifications exist. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (289 ) +The estate trustee may, for estimating and inventorying the estate property, seek the services of an expert and record the findings revealed by the legator's papers and the information he +receives about them. Successors shall inform the trustee of all debts and rights of the estate +they know. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (290 ) +Any person who seizes by fraud anything of the estate property shall be liable to the penalty +provided for the breach of trust in the penal code even if he is a successor. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (291 ) +Any dissension concerning the validity of inventory shall be lodged before the court of +competent jurisdiction within thirty days f rom the date of depositing the inventory +Federal Law of 2005 Regarding personal status 97 + statement. + +Chapter Two +Settlement of the Estate Debts +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (292 ) +1. Following the lapse of the period set for contending against the inventory statement, the +estate trustee shall proceed with settling the estat e debts concerning which no litigation is +raised after obtaining the court permission. +2. Litigious debts shall be settlement after a final decision is issued on the succession validity. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (293 ) +In case of insolvency or probable insolvency of the estate, the estate trustee shall discontinue settling any debt even if no litigation arises in respect thereof pending a final decision is issued on all litigations connected with the estate debts. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (294 ) +1. The estate trustee shall settle the estate debts from the proceeds he collects from its claims and from the money of which they consist as well as the price of the movables of the estate, +or from the price of the realty of the estate if these are not sufficient. +2. The estate movables and realties shall be sold by public auction according to the terms +and on the dates prescribed in mandatory sales in the Civil Procedures Law, unless +successors agree on another method. If the estate is bankrupt, the approval of all creditors of +the method agreed by the successors shall be required. In all cases, successors shall have the +Federal Law of 2005 Regarding personal status 98 + right to participate in the auction. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (295 ) +Debts not guaranteed by a real security shall fall due upon the legator's death. The judge +may, at the request of all successors, decide the maturity of the debt guaranteed by a real +security and determine the amount due to the creditor. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (296 ) +Any successor may, after distributing the deferred debts guaranteed by a real security, pay +the amount allotted to him before the due date. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (297 ) +Creditors who have not recovered their rights because of not having been recorded in the inventory list or who have no security guaranteed by the estate property may not have recourse against any person who has acquired in good faith a real right on such property, +but they may have recourse against successors within the limits of the enrichment they +realize from the estate. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (298 ) +The estate trustee shall, after settling the estate debts, implement the legator's wills, legacies +and other assigned tasks. + + + +Federal Law of 2005 Regarding personal status 99 + Chapter Three +Delivering and Dividing the Estate Property +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (299 ) +After performing the est ate-related obligations, the remaining property of the estate shall +devolve to the successors, each according to his/her legitimate share. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (300 ) +1. The estate trustee shall deliver to the successors all the estate property that has devolved +to th em. +2. Immediately upon expiry of the period determined for litigations connected with the estate inventory, successors may ask to be handed the objects or moneys not required for +liquidating the estate or receive some of them on an interim basis in return for or without +submitting a warranty. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (301 ) +Each successor may ask the estate trustee to deliver to him his share sorted out from the legacy unless that successor is obligated to remain in the joint property according to an +agreement or a provis ion of the law. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (302 ) +1. The estate not consumed by debts may be divided before settling the debts owing from it, +provided that a portion of the estate shall be allocated for paying the estate debts including +those guaranteed by a real security. +2. If the request for division is enforceable, the estate trustee shall carry out the division +Federal Law of 2005 Regarding personal status 100 + amicably provided that it shall become final only after it is unanimously approved by the +successors. +3. If the successors fail to reach such unanimity, the estate trustee shall ask the court for a +procedure according to the provisions of the law and the costs of the action shall be +deducted from the successors' shares. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (303 ) +The division of the estate shall be governed by the rules prescribed for division as well as the +provisions of the following Articles: + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (304 ) +If the estate property comprises an agricultural, industrial or commercial enterprise that is +considered an independent entity of others and the successors fail to agree on operating it +any further and with which no right of a third party is connected, such enterprise shall be +appropriated in its entirety to the successor who asks for it if he the most capable of +handling it provided that its value shall be determined and deducted from his share in the +estate. If the successors' abilities to handle the enterprise are equal, it shall be appropriated +to the successor who offers the highest price provided that it shall not be less than that of a +similar enterprise. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (305 ) +If in dividing the estate property one of the successors exclusively assumes the task of paying a debt owing from the legacy, the rest of successors shall not guarantee such debt if he goes bankrupt after division unless they agree otherwise. +Federal Law of 2005 Regarding personal status 101 + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (306) +A testament dividing the estate realities among the testator's successors shall be valid, so +that a part shall be defined for each one or some successors equal to his or their shares and +shall be considered a bequest to a successor. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (307 ) +A di vision enforceable after death may be retracted and shall be become imperative upon +the death of the testator. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (308 ) +If the division does not comprise all the testator's property at the time of his death, the +property not included in the division shall devolve to the successors as a joint property +according to the rules on inheritance. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (309 ) +In the case of death of one or more potential successors included in the division before the testator's death, the shorted shares that has been appr opriated to the dead successor shall +devolve to the remaining successors as a joint property according to the rules of inheritance without prejudice of rules of compulsory wills. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (310 ) +A division enforceable after death shall be governed generally by the provisions of division +except the provisions of injustice. +Federal Law of 2005 Regarding personal status 102 + " +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (311 ) +If the division does not include the debts of the estate, or if it comprises them but the +creditors doe not accept such division, any successor, if no agreement is reached with the +creditors, may ask the court to conduct the division and settle the debts provided that the +division bequeathed by the testator and the considerations on which it based shall be +considered. + +Chapter Four +Provisions on the Non -Liquidated Estate +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (312 ) +If the estate has not already been liquidated according to the foregoing provisions, the +ordinary creditors of the estate may levy an execution with their rights or with those +bequeathed to them on the realties of the estate that are disposed of or on which real rights accrue in favor of a third party if they have attached them against their debts before registering such disposals. + +Part Two +Inheritance +Chap ter One +General Provisions +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (313 ) +Inheritance is an imperative devolution of property and pecuniary rights upon the death of +their owner to their beneficiaries. +Federal Law of 2005 Regarding personal status 103 + " +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (314 ) +Elements of inheritance +1. The legator (inheritee) +2. The inheritor +3. Th e inheritance + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (315 ) +Causes of inheritance: Marriage and kinship + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (316 ) +Conditions required for entitlement to inheritance: +Death of the legator in realty or by a judgment +The real or discretionary survival of his inheritor at the time of his death +Knowing the sides of inheritance. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (317 ) +Impediments to inheritance: +Murdering the devisor intentionally whether the murderer is a principal perpetrator, or a +causative accomplice. Murder must be committed without legal cause or e xcuse and the +murderer must be of sound mind and of legal age. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (318 ) +There shall be no inheritance if there is difference in religion. + +Federal Law of 2005 Regarding personal status 104 + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (319 ) +If two or more persons who are allowed to inherit one another die but it is not known who +died first, no one of them shall be entitled to inherit from the other's succession. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (320 ) +Inheritance shall be distributed according to the shares fixed, then the rules of ta'sib or both, then according to kinship. + +Chapter Two +Shares and their Ho lders +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (321 ) +1. Fard : A fixed share for the inheritor in the succession +2. Fixed shares : A half, a fourth, an eighth, two thirds, one third, one sixth, the third of the +remainder. +3. Persons entitled to fixed shares : Parents, the spouses, the paternal grandfather, the grandmother, daughters, the son's daughters, sisters in general, the uterine brother. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (322 ) +Persons entitled to the half: +1. The husband provided that there is no inheriting descendant for the wife. +2. The daughter provided that the decedent has no child, male or female. +3. The daughter of the son however low in lineage provided that the decedent has no son, that there is no son's son equal to or higher than her in lineage. +Federal Law of 2005 Regarding personal status 105 + 4. The full sister if there is no brother, no other sister, no descendent inheriting the decedent, +no father, or no paternal grandfather. +5. The paternal sister if she is alone, or if there is no paternal brother, no brother, no sister, +no descendant inheriting the decedent, no fath er or no paternal grandfather. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (323 ) +Persons entitled to the fourth: +1. The husband if there is a descendent inheriting the wife. +2. The wife even if there are several wives and if the husband has no inheriting descendents. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (324 ) +Person s entitled to the eighth: +The wife even if there are several wives and the husband has an inheriting descendent. + + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (325 ) +Persons entitled to two thirds: +1. Two daughters or more if the decedent has no son. +2. The two daughters of the son however low in lineage if there is no bodily son of the +decedent, or a son's son equal to them in degree, or a son's son higher than them. +3. Two sisters or more if there is no brother or a descendent inheriting the decedent or father or paternal grandfather. +4. Tw o paternal sisters or more if there is no father, brother, sister, descendents inheriting +the decedent, father or paternal grandfather. +Federal Law of 2005 Regarding personal status 106 + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (326 ) +Persons entitled to the third: +1. The mother when there is a descendent inheriting the decedent and there are not two or +more of brothers or sisters in general. Unless the here inheritance is limited to one spouse +and the father, she shall be entitled then to the remainder of the third. +2. Two or more of the mother's sons if there is no descendent inheriting the decedent, or father or paternal grandfather. In this case, inheritance shall be divided equally, males and +females having equal shares. +3. The paternal grandfather if he has full brothers or paternal brothers or if both number +than two brothers, or an equal number of sisters and there is no heir with a fixed share. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (327 ) +Persons entitled to the sixth: +1. The father if there is an inheriting descendent. +2. The paternal gr andfather in the following cases: +a. If there is a descendent inheriting the decedent with him. +b. If there are heirs entitled to fixed shares with him and his share falls below one sixth or the remainder of a third, or nothing is left over from them. +c. If there is an inheritor with a fixed share or if there are more than two brothers or equal +sisters, full or paternal, and the sixth is better for him than the remainder of the third. +3. The mother in the presence of inheriting descendents, two or more brot hers and sisters in +general. +4. The real grandmother however high in lineage, one or more, provided that no inheritor +Federal Law of 2005 Regarding personal status 107 + excludes her from inheritance. +5. The son's daughter whether there is one or more, however low her father is in lineage, in +the presence of one own daughter or the son's single daughter higher in degree, if there is no +son or son's son higher than or equal to her in degree. +6. The paternal sister, one or more, in the presence of the single sister if there is no descendent inheriting the dece dent or father or paternal grandfather or full or paternal +brother. +7. One maternal brother or sister if there is no descendent inheriting the decedent or father +or paternal grandfather subject to the provisions of Article 347 hereof. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (328 ) +Persons entitled to the remainder of the third: +1. The mother in the presence of one spouse and the father, if there is no descendent inheriting the decedent or two or more bothers or sisters in general. +2. The paternal grandfather if there are heirs entitled t o fixed shares or more than two +brothers or equal sisters, full or paternal, and if the remainder of the third is better for him +than the sixth. + +Chapter Th ree +Asabas (Agnates) +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (329 ) +1. Ta'sib is an indefinite entitlement in the succession. +2. Agnates are of three types: +a. Agnates by themselves +Federal Law of 2005 Regarding personal status 108 + b. Agnates by others +c. Agnates with others + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (330 ) +Agnates by themselves are four sides some of which have presence over the other according +to the following order: +1. Filiation including the sons and the son's sons however low in lineage. +2. Paternity including the father and the paternal grandfather however high in lineage. +3. Fraternity including full or paternal brothers and their sons however low in lineage. +4. Paternal unclehood includin g the decedent's uncles, parental or paternal, his father's +uncles, the full or paternal uncles of the paternal grandfather however high in lineage, and +the sons of the full or paternal uncles however low in lineage. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (331 ) +An agnate by himself sh all be entitled to the succession in the absence of heirs entitled to +fixed shares, and to the remainder of the succession in their presence, while to nothing if the fixed shares exhaust the succession. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (332 ) +1. Precedence shall be given to the agnate who is the most precedent in the order mentioned in Article 330 hereof, then to the closest in the degree of kinship to the decedent when +considering the lineage side, then to the strongest in the degree of kinship in case of equality +in the degree. +2. Agnates shall share in entitlement to their share of the succession when they are of the +Federal Law of 2005 Regarding personal status 109 + same side and equal in the degree and strength of kinship. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (333 ) +If the paternal grandfather is present in combinatio n with full or paternal brothers or both +male or female or mixed, whether they have or don't have an inheritor with a fixed share, +the grandfather shall inherit as an agnate on the consideration that he is a brother of the +decedent unless the sixth or the remainder of the third is better for him subject to the +provision of Article 346 hereof. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (334 ) +1. Agnates by others: +a. One daughter or more with one or more sons. +b. The son's daughter however low in lineage whether one or more, in the presence of one son's son or more whether he is equal to or lower than her in degree if she needs him, but he +shall exclude her if he is higher. +c. One full sister or more with one full brother or more. +d. One paternal sister or more with one paternal brother or mo re. +2. In this case, the male shall inherit a share equal to that of females. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (335 ) +Agnates with others: the full or paternal sister, whether one or more, with the daughter or the son's daughter, whether one or more. In this case, she shall be eq ual to the brother in +deserving the remainder and excluding the other agnates. + +Federal Law of 2005 Regarding personal status 110 + +Chapter Four +Inheritors by Fard and Ta'sib (as persons entitled to fixed shares or as +agnates) +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (336 ) +Inheritors by Fard and Ta'sib: +1. The father or the paternal fath er with the daughter or the son's daughter however low her +father is in lineage. +2. The husband if the decedent's cousin takes his share by fard (the legally fixed share) and +what he deserves by the filiation of unclehood as a residuary. +3. The maternal br other, whether one or more, if the decedent's cousin takes his share by +fard what he deserves by the filiation of unclehood as a residuary. + +Chapter Five +Exclusion and Deprivation +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (337 ) +1. Exclusion: Depriving an inhe ritor of inheritance partially or totally because of the +presence of another inheritor who is more entitled to inheritance. +2. Exclusion is of two kinds: Total exclusion and partial exclusion. +3. Persons excluded from inheritance may exclude the others. +4. Persons deprived of inheritance shall not exclude the others. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (338 ) +1. The real grandfather shall be excluded by the father and every agnate grandfather +Federal Law of 2005 Regarding personal status 111 + descending from him. +2. The closer grandmother shall exclude the distant one unless kinship is on the father's side, +in which case the distant grandmother on the mother's side shall not be excluded. The +mother shall exclude the real grandmother absolutely. The father shall exclude the paternal +grandmother, and the real grandfather shall exclude t he grandmother if she is his ancestor. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (339 ) +The mother's sons shall be excluded by the father and the real grandfather however high in +lineage, and the son and the son's son however low in lineage. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (340 ) +Both of the son and the son's s on however low in lineage shall exclude the son's daughter +lower in degree. She shall be excluded as well by two daughters or two daughters of the son higher in degree unless an agnate inherits with her. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (341 ) +The father, the son and the son's son however low in lineage shall exclude the paternal +brothers and sisters. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (342 ) +The father, the son, and the son's son whoever low in lineage shall exclude the paternal sister. She shall be excluded as well by the full brother and the full sister if she inherits with +other agnates subject to the provision of Article 335 hereof, and by the full two sisters if +there is no paternal brother. Paternal brothers shall exclude the father, the son and the son's +Federal Law of 2005 Regarding personal status 112 + son however l ow in lineage, and the full brother and the full sister if she inherits with other +agnates. + +Chapter Six +Radd and Awl +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (343 ) +Radd: A pro rata increase occurring in the shares of persons entitled to f ixed shares when the +original question exceeds the total of its portions. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (344 ) +If the fixed shares do not exhaust the succession and if there is no agnate through affinity, +the remainder shall retuned to those entitled to fixed shares other than the spouses +according to their shares. The remainder of the succession shall be returned to the spouses if there is no agnate through affinity or a person entitled to a proportional share or a blood relative. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (345 ) +1. Awal: A pro rata shortage t hat occurs in the portions of the persons entitled to fixed shares +when the shares exceed the original question of legacy. +2. The shortage that occurs in the question shall be considered a basis on which the +succession shall be divided. + + + +Federal Law of 2005 Regarding personal status 113 + Chapter Seven +Spe cial Questions +Section One +Akdariya +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (346 ) +The grandfather shall inherit as an agnate with the full or paternal sister, whereas she may +not inherit with him as a person entitled to a fixed share except in Al- Akdariya, i.e., a +question involving a husband, a mother, a grandfather, a full or a paternal sister. +The father shall take the half, the mother the third, the grandfather the sixth. The sister shall +be fixed the half that shall be added to the sixth of the grandfather, and the total shall be +divided between them on the basis that the male shall take the share of two females. + +Section Two +Mushtaraka (Shared Question) +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (347 ) +The full brother shall inherit as an agnate except in the question of Mushtaraka, i.e, a +question involving a husb and, a mother or a grandmother, a number of maternal brothers, a +full brother (full brothers). +The husband shall take the half and the mother or the grandmother shall take the sixth. The +third shall be divided between the maternal brothers and full brother s on the basis that the +male shall take the share of two females. + + +Federal Law of 2005 Regarding personal status 114 + Section Three +Malikiyat and Similar Doctrines +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (348 ) +The grandfather shall not exclude the full or paternal father except in the question of +Malikiyat and similar doctrines: +Malikiy at: In a question involving a husband, a mother, a grandfather, maternal brothers, a +paternal brother, the mother shall deserve one sixth and the grandfather shall deserve the remainder as an agnate. +Similar doctrines: In a question involving a husband, a mother, a grandfather, maternal brothers, a full brother, the husband shall deserve the half, the mother one sixth, and the +grandfather the remainder as an agnate. + +Chapter Eight +Inheritance of Blood Relatives +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (349 ) +Blood relatives are four types: +First type: +Sons of daughters however low in lineage and the sons of the son's daughters however low +in lineage. +Second type: +Uterine grandfathers however high in lineage and uterine grandmothers however high in lineage. +Third type: +1. Sons of the material brothers and their sons however low in lineage. +Federal Law of 2005 Regarding personal status 115 + 2. Sons of sisters in general however low in lineage. +3. Daughters of brothers in general however low in lineage. +4. Daughters of brothers' sons in general however low in lineage and t heir sons however +low in lineage. +Fourth type: +This type includes six groups: +1. The paternal uncles of the decedent on the mother's side, his paternal and paternal uncles +and aunts in general. +2. The sons of those males mentioned in the above paragraph ho wever low in lineage, the +daughters of the decedent's paternal uncles on the side of one or both parents, the +daughters of their sons however low in lineage, and the sons of those mentioned females however low in lineage. +3. The uncles of the decedent's father on the mother's side, the maternal aunts of his father in general ""paternal kinship), the paternal and paternal uncles and aunts of the decedent in +general ""maternal kinship"". +4. The sons of those mentioned in the above paragraph however low, the daug hters of the +paternal uncles of the decedent on the side of one parent or both parents, the daughters of +their sons however low in lineage, and the sons of those mentioned however low in lineage. +5. The paternal uncles of the parents of the decedent's fath er on the mother's side, the +paternal uncles of his father's mother, the paternal aunts of his father's parents, their +maternal uncles and maternal aunts in general (maternal kinship), the paternal uncles of the +parents of the decedent's mother, her patern al aunts, their maternal uncles and maternal +aunts in general (maternal kinship). +6. The sons of those mentioned in the above paragraph however low in lineage, the +daughters of the parents of the decedent's father on the side of one parent or both parents, +Federal Law of 2005 Regarding personal status 116 + the daughters of their sons however low in lineage, and the sons of those mentioned +however low in lineage. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (350 ) +1. Concerning the first type of blood relatives, the closest person of them in degree to the +decedent shall have the most right to inheritance. If they are equal in degree, the son of the +person entitled to a fixed share shall have precedence over the son of the blood relative. If +they are all sons of a person entitled to a fixed share, or if there is no son of a person entitled +to a fixed share among them, they shall share the inheritance. +2. Concerning the second type of blood relatives, the closet person of them in degree to the +decedent shall have the most right to inheritance. If they are equal in degree, precedence +shall be given to the person who is an ancestor to a person entitled to a fixed share +descends. If they are all equal in degree and none of them is an ancestor to a person entitled to a fixed share, of if they are all ancestors to a person entitled to a fixed share, the y shall all +share the inheritance if they all descend from the mother's or father's side. If their sides are different, the paternal relatives shall take two thirds and the maternal relatives shall take one +third. +3. Concerning the third type of blood relatives, the closet person of them in degree to the +decedent shall have the most right to inheritance. If they are equal in degree, and some of +them are sons of an inheritor and some are sons of a blood relative, the former shall have +precedence over the lat ter, otherwise precedence shall be given to the strongest in kinship. +The person descending from both parents shall be more entitled than the one descending +from one parent. The one descending from a father shall be more entitled than the one +descending fr om a mother. If they are united by the same degree and strength of kinship, +Federal Law of 2005 Regarding personal status 117 + they shall share the inheritance. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (351 ) +1. If the paternal kinships including the uncles of the decedent on the mother's side, his +aunts in general or the maternal kinship including the uncles of the decedent and his aunts +in general are the only inheritors in the first group of the fourth type indicated in Article 349 +hereof, precedence shall be given to the strongest in kinship; persons descending from both +parents shall be more entitled to persons descending from one parent, persons descending +from a father shall be more entitled to persons descending from a mother. If they are equally +strong in kinship, they shall share the inheritance. When the two parties are united, the +paternal kinship shall take two thirds and the maternal one shall take one third. Shares of +each party shall be divided as indicated above. +The provisions of the above paragraph shall be applied to the third and fifth groups. +2. Concerning the second type, the closet person in degree to the decedent shall have +precedence over the most distant even if not from his kinship side. In case of equality and +unity on the kinship side, precedence shall be given to the strongest if they are all an +agnate's or a blood relative's sons. If they are different, the agnate's son shall be given precedence over the blood relative's son. In case of difference in the kinship side, two thirds +shall be given to the father's kinship, and one third to the mother's kinship. The shares +obtained by each side shall be divided among them in the above way. +The provisions of the above paragraph shall be applied to the fourth and sixth groups. +3. No consideration shall be given to the plurality of the kinship s ides of one inheritor from +the blood relatives except if the side is different. + +Federal Law of 2005 Regarding personal status 118 + " +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (352 ) +With regard to the inheritance of blood relatives, the male shall have the share of two +females except the sons of the maternal brother whose inheritance shall b e divided equally +between males and females. + +Chapter Nine +Inheritance by Judgment +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (353 ) +The lost person shall be allocated his share from the estate according to the judgment on his life. If he appears alive, he shall take his share. If he is adjudged dead, his share shall be +restituted to his inheritor entitled to it at the time of judgment. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (354 ) +Gestation shall be allocated from the estate the share of two males or two females, +whichever is greater, on the assumption that it is twins. The remaining inheritors shall be +given the lesser of the two shares. After delivery, the estate shall be distributed according to legal shares. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (355 ) +If the share allocated for gestation is le ss than the due share, the remainder shall be +recovered from the inheritor whose share has been increased. If the share allocated for gestation exceeds the due share, the increase shall be returned to the deserving inheritor. + + +Federal Law of 2005 Regarding personal status 119 + Chapter Ten +Takharuj +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (356 ) +1. Takharuj is an agreement under which some inheritors relinquish their known shares of +the succession to others for a known consideration. +2. If one inheritor agrees to relinquish his shares to another, the latter shall deserve his share and replace him in the succession. +3. If one inheritor agrees to relinquish his shares to the other inheritors, the shares of the +relinquishing inheritor shall be deducted from the original question while the remaining +shares shall remain unchanged if the am ounts paid to him are from the succession. If the +amounts paid to him are from their funds without the takharuj agreement providing for a method for dividing the shares of the relinquishing inheritor, such amount shall be divided +among them according to th e proportion he has paid. Where the portion paid by each of +them is not known, the amount shall be divided among them equally. + +Chapter Eleven +Miscellaneous Questions +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (357 ) +1. If the decedent recognizes in his life any person as his lawful heir, his recognition shall not +affect the other heirs unless it fulfills the conditions of its validity. +2. If the decedent recognizes in his life any person as his unlawful heir without proof +according to Article 93 hereof or retracting his recognition, the pe rson recognized as such +shall be entitled to the succession of the recognizer if he has not inheritor. +3. If some inheritors recognize any person as a lawful heir of their devisor, the person +Federal Law of 2005 Regarding personal status 120 + recognized as such shall share the recognizer only in entitlemen t to inheritance unless he is +excluded by him. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (358 ) +An illegitimate son or the son of parents accusing each other of adultery shall inherit from +his mother and her relatives. Similarly, the mother and her relatives shall inherit them. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (359 ) +A hermaphrodite shall take a half of the two shares depending on estimating his masculinity +or femininity. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (360 ) +The succession of a decedent having no inheritor shall be allocated as a charitable endowment in his name for the poor, the nee dy, knowledge seekers under the supervision +of the General Endowments Authority. + +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (361 ) +Any circumvention of the provisions of inheritance by sale, donation, bequest or other disposals shall be null and void. + +Conclusive Provisions +" +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (362 ) +Any provision contravening or contradicting the provisions hereof shall be repealed. + +Federal Law of 2005 Regarding personal status 121 + " +family and community,Federal Law No. (28) of 2005 Regarding Personal Status,"Article (363 ) +This law shall be published in the official gazette and applied from the date of publication. + + + + + + + + + + + + +Khalifa Bin Zayed Al Nahayan +President of the United A rab Emirates + + + +Issued by us in the Presidential Palace in Abu Dhabi +On 17 Shawwal 1426 A.H. +Corresponding to 19 November 2005 A.D. " +family and community,Federal Decree-Law No. (24) of 2022 Regarding Children of Unknown Parentage,"Article (1) +Definitions +In the application of the provisions of this Decree -Law, the following terms and expressions +shall have the meanings stated beside them, unless the context requires otherwise: +State : The United Arab Emirates. +Ministry : The Ministry Community Development. +Minister : The Minister of Community Development. +Public Prosecution : The federal or local Public Prosecution, as the case may be. +Authorities +Concerned : The federal and local authorities concerned wit h the implementation +of the provisions of this Decree -Law. +Local Authorities : Any local authority concerned with the affairs of Children of +Unknown Parentage and caring for them in the State, each within +the limits of its competence. +ICP : The Federal Authority for Identity, Citizenship, Customs & Port +Security. +Home : Every home legally authorized to house and care for people of +unknown parentage. +Health Facility : Every government facility that provides health services in the f ields +Federal Decree- Law No. 24 of 2022 Regarding Children of Unknown Parentage 3 + of prevention, treatment and convalescence. +Committee : Custodial Families Committee formed pursuant to the provisions of +this Decree- Law +Child : Every person born alive and is under the age of (18) eighteen +Gregorian years. +Child of Unknown Parentage : +A person of unknown parentage who is found in the territory of the +State, or who is born to a known mother who holds the nationality +of the State and an unknown father, or whose lineage to his father is +not legally established . +Adopted Child : Child of Unknown Parentage under the custody of the Custodial +Family. +Custody : Caring for and preserving Children of Unknown Parentage, as +well as providing for their upbringing and care. +Custodial Family : The family to whom custody is entrusted, in accordance with the +provisions of this Decree -Law, for the purposes of raising the +Adopted Child in a sound upbringing and providing them with a decent life. +Custody Period + : The period during which the Child of Unknown Parentage is in the care of the Home. It spans from the time they are received until they reach the age of majority. +Competent Social Researcher : The employee in the Ministry or the Local Authority entrusted with studying and following up on the affairs of the Adopted +Child. +Executive Regulations : The executive regulations issued in implementation of the +provisions of this Decree -Law. + +" +family and community,Federal Decree-Law No. (24) of 2022 Regarding Children of Unknown Parentage,"Article (2) +Federal Decree- Law No. 24 of 2022 Regarding Children of Unknown Parentage 4 + Objectives of this Decree- Law +This Decree -Law aims to regulate the care and Custody of Children of Unknown Parentage +by achieving the following: +1. Providing them with all necessary support in terms of health, psychological, social, +educational and recreational aspects. +2. Creating and ensuring the living conditions necessary for their normal growth and their +upbringing. +3. Protecting the Children of Unknown Parentage from abuse, inhumane treatment and +neglect, and giving them a sound social upbringing. + +" +family and community,Federal Decree-Law No. (24) of 2022 Regarding Children of Unknown Parentage,"Article (3) + Controls and Procedures fo r Finding a Child of Unknown Parentage +1. Whoever finds a Child of Unknown Parentage shall communicate the same to the police station. +2. The police station shall ensure that the Child of Unknown Parentage is transported directly to the nearest Health Facility and shall notify the Public Prosecution and the ICP of +the same within (24) twenty -four hours of receiving the said communication. +3. The police station shall file a report with the circumstances and conditions in which the +Child of Unknown Parentage was found, stating the place, date and time of finding them, +their gender, the condition in which they were found, their description, the distinguishing +marks they may have, a description of their clothes and the things that we re found with +them, and an accurate description of the person who found them. The said report shall be sent to the Public Prosecution. +4. The Health Facility shall conduct a medical examination on the Child of Unknown Parentage, provide them with the neces sary care, and submit a report thereon to the Public +Prosecution. +Federal Decree- Law No. 24 of 2022 Regarding Children of Unknown Parentage 5 + 5. The Public Prosecution shall conduct the necessary investigations into the incident of +finding the Child of Unknown Parentage and submit a detailed statement regarding their +attribution t o the Ministry or the Local Authority within a period not exceeding (6) six +months from the date of notification from the police station. +6 . The Executive Regulations shall specify the procedures that the authorities referred to in +this Article are requir ed to take. + +" +family and community,Federal Decree-Law No. (24) of 2022 Regarding Children of Unknown Parentage,"Article (4) +Reception and Accommodation Conditions +The Ministry and the Local Authority shall provide shelters for Children of Unknown +Parentage, and the following is required to receive and accommodate the Child at the +Ministry or the Local Authority: +1. The Child of Unknown Parentage has been referred by a decision issued by the Public +Prosecution. +2. The Child of Unknown Parentage is free from communicable diseases, provided that this is proven by a medical certificate issued by the He alth Facility. +3. Any other conditions determined by the Ministry in coordination with the Local +Authority and other Authorities Concerned. + +" +family and community,Federal Decree-Law No. (24) of 2022 Regarding Children of Unknown Parentage,"Article (5) +Extracting Official Documents +1. Based on the statement of the Public Prosecution referred to in Clause (5) of article (3) of this Decree -Law, the Ministry or the Local Authority shall coordinate with the Authorities +Concerned to choose the full name of the Child of Unknown Parentage. +2. Upon the request of the Ministry or the Local Authority, the competent court shall issue a +Federal Decree- Law No. 24 of 2022 Regarding Children of Unknown Parentage 6 + certificate naming the Child of Unknown Parentage and a certificate for the Custodial +Family, if any. +3. The Authorities Concerned shall issue a birth certificate for Child of Unknown Parentage +after issuing a certificate naming them. +4. The ICP shall take the necessary measures to issue an identity card for the Child of +Unknown Parentage in accordance with the legislation in force in this regard. +5. The Executive Regulations shall specify the controls for selecting the full name referred to +in Clause (1) and the procedures for issuing official documents referred to in Clauses (2) and +(3) of this Article. + +" +family and community,Federal Decree-Law No. (24) of 2022 Regarding Children of Unknown Parentage,"Article (6) +Obligations of the Local Authority +The Ministr y or Local Authority, as the case may be, shall comply with the following: +It shall: +1. Receive and shelter the Child of Unknown Parentage after fulfilling the conditions stipulated in article (4) of this Decree -Law. +2. Take the necessary measures regarding the issuance of official documents of the Child of +Unknown Parentage. +3. Take the necessary measures to secure Custodial Families of the Child of Unknown +Parentage and follow them up. +4. Provide the Ministry and th e Authorities Concerned with data, information and reports +on Children of Unknown Parentage, whether they are residents of the Home or with +Custodial Families. +5. Provide the Ministry with periodic reports that include information related to any case of neglect, abuse, or violence to which the Child of Unknown Parentage may have been exposed in the Home or in the Custodial Family, and the measures taken in this regard, +Federal Decree- Law No. 24 of 2022 Regarding Children of Unknown Parentage 7 + as determined by the Executive Regulations. +6. Prepare the necessary programmes to ed ucate community members in general and +Custodial Families in particular about the category of Children of Unknown Parentage +and everything related to their rights referred to in this Decree -Law. +7. Preserve the funds of Children of Unknown Parentage, in coordination with the +Authorities Concerned, and take all necessary measures for that in a manner that achieves their interests. +8. Provide the following services to Children of Unknown Parentage, in coordination with +the Authorities Concerned: +a. Necessary living services such as food, clothing and housing; +b. Social, health, psychological and cultural care in proportion to their different ages; +c. Promoting national identity, consolidating belonging to the State, and inculcating human values, prin ciples, and noble morals; +d. Providing public and university education in accordance with the legislation in force; +e. Developing creative, artistic and intellectual capabilities and skills and investing +them in refining their personalities; and +f. Integrating them into sports and cultural centres and clubs and providing them with +appropriate activities. + +" +family and community,Federal Decree-Law No. (24) of 2022 Regarding Children of Unknown Parentage,"Article (7) +Custodial Families Committee +1. In the Ministry or the Local Authority, as the case may be, there shall be established a Committee cal led the Custodial Families Committee. Its formation and work system shall be +determined by a decision of the Minister or the head of the Local Authority. +2. The said Committee shall be concerned with the following: +a. Examining the applications submitted to the Ministry or the Local Authority by families +wishing to provide Custody for a Child of Unknown Parentage, and ensuring that such +Federal Decree- Law No. 24 of 2022 Regarding Children of Unknown Parentage 8 + applicant families meet the conditions stipulated in article (9) of this Decree -Law; +b. Issuing a decision to hand over the Child of Unknown Parentage to the Custodial Family +for a period not exceeding (6) six months. The Committee may extend such period for a +similar period based on periodic follow -up reports. If it becomes clear that the said +family is eligible for Custody of the Child of Unknown Parentage, then the Committee +shall raise its recommendation to the Ministry or the Local Authority, as the case may be, +to proceed with the procedures for issuing a certificate for the Custod ial Family; +c. Deciding on the Adopted Child in the event of the death of either of the spouses in the +Custodial Family or their separation and considering whether one of them will continue +the Custodial effort or not, or granting any of the members or r elatives of the Custodial +Family the right of Custody based on their request in accordance with the conditions referred to in this Decree -Law and the decisions issued in implementation thereof; +d. Studying the reports referred to it by the Competent Social Researcher and taking the necessary decisions in the best interest of the Adopted Child; and +e. Any other functions assigned to it by the Ministry or the Local Authority. + + + +" +family and community,Federal Decree-Law No. (24) of 2022 Regarding Children of Unknown Parentage,"Article (8) +Custody Request +1. The family w ishing to provide Custody for a Child of Unknown Parentage must submit an +application to the Ministry or the Local Authority, accompanied by documents supporting the validity of the data contained in the application. +2. It is stipulated that the applicatio n referred to in Clause (1) of this Article be limited to +Custody of one Child of Unknown Parentage. +3. The Executive Regulations hereof shall specify the data and documents that must be included in the application referred to in Clause (1) of this Article and the cases in which a +Federal Decree- Law No. 24 of 2022 Regarding Children of Unknown Parentage 9 + family may be granted Custody of more than one Child of Unknown Parentage. + +" +family and community,Federal Decree-Law No. (24) of 2022 Regarding Children of Unknown Parentage,"Article (9) +Custodial Families Conditions +1. A family may be granted the right of Custody of a Child of Unknown Parentage if it meets +the following requirements: +a. The applicant spouses in the family must be Muslims who enjoy the nationality of the +State and reside therein, and neither of them is less than (25) twenty -five Gregorian +years old; +b. None of the applicant spouses have been previously con victed of any crime against +honour or trust, even if they have been rehabilitated; +c. The applicant spouses are free from communicable and psychological diseases and mental disorders that affect the health and safety of the Child of Unknown Parentage in +Custody, provided that this is proven by medical reports issued by a Health Facility; +d. The applicant family can afford to financially support its members and the Adopted +Child in accordance with the controls specified by the Ex ecutive Regulations; and +e. Any other conditions determined by the Ministry in coordination with the Local Authorities. +2. As an exception to Paragraph (a) of Clause (1) of this Article, and taking into account the +other conditions referred to in the same Clause, the Committee may recommend granting Custody of a Child of Unknown Parentage in the following cases: +a. If any of the spouses in the family holds the nationality of the State. +b. If the Custody applicant is a woman who holds the nationality of the State, a Muslim, +who is not married, is divorced, or widowed, or whose husband is absent, provided that +her age is not less than (30) thirty Gregorian years and not more than (50) fifty Gregorian years. The provisions that apply to the Custo dial Family shall apply to such applicant in +accordance with the controls specified by the Executive Regulations. +Federal Decree- Law No. 24 of 2022 Regarding Children of Unknown Parentage 10 + +" +family and community,Federal Decree-Law No. (24) of 2022 Regarding Children of Unknown Parentage,"Article (10) + Custodial Family's Obligations +The Custodial Family is responsible to the following: +1. Providing all forms of social care that would raise the Child of Unknown Parentage in a +sound family upbringing, giving them a good upbringing, and taking care of their health, education, protection, and development in all their life stages; +2. Preservin g the funds of the Adopted Child according to the guardianship issued by the +competent court; +3. Disclosure to the Adopted Child of the Adopted Child's social status, in coordination with the Ministry or the Local Authority, in accordance with the contro ls specified by the +Executive Regulations; +4. Notifying the Ministry or the Local Authority of any changes that occur to the family's social status, such as divorce or death, in addition to changes related to its place of residence; +5. Submitting a med ical report on the health status of the Adopted Child, issued by a Health +Facility, at the request of the Ministry or the Local Authority; +6. Facilitating the Competent Social Researcher's access into the house, meeting the +Adopted Child, and familiarizing themselves with the Adopted Child's condition; +7. Obtaining prior approval from the Ministry or the Local Authority in the event that the +family is forced to hand over the Adopted Child for a temporary period to another family in accordance with the c ontrols specified by the Executive Regulations; +8. Notifying the Ministry or the Local Authority of the family's desire to return the Adopted +Child within a period of no less than (30) thirty days, in accordance with the procedures +specified by the Execu tive Regulations; and +9. Any other obligations determined by the Ministry or the Local Authority. + +Federal Decree- Law No. 24 of 2022 Regarding Children of Unknown Parentage 11 + " +family and community,Federal Decree-Law No. (24) of 2022 Regarding Children of Unknown Parentage,"Article (11) + Custodial Family's Breach of its Obligations +If the Custodial Family breaches any of its obligations referred to in article (10) of this +Decree- Law, and such breach results in inflicting harm to the Adopted Child, then the +Committee, based on the report of the Competent Social Researcher, shall issue its decision to withdraw the Adop ted Child without the family having the right to object to the same. + +" +family and community,Federal Decree-Law No. (24) of 2022 Regarding Children of Unknown Parentage,"Article (12) + Expiration of Custody Period +1. The Custody period of a Child of Unknown Parentage ends in the following two cases: +a. The Child of Unknown Parentage's lineage is proven by a final court ruling; or +b. The Child of Unknown Parentage reaches the age of majority. +2. As an exception to Paragraph (b) of Clause (1) of this Article, it is permissible, based on a +decision of the Minister or the head of the Local Authority, to extend the Custody period +based on the report of the Competent Social Researcher and in accordance with the controls +and standards specified by the Executive Regulations. + +" +family and community,Federal Decree-Law No. (24) of 2022 Regarding Children of Unknown Parentage,"Article (13) + Termination of Custo dy +1. Custody of the Custodial Family for Children of Unknown Parentage is terminated in the +following cases: +a. The Child of Unknown Parentage's lineage is proven by a final court ruling; +b. The death of either spouse in the Custodial Family or their separation and the absence of individuals or relatives of the Custodial Family who fulfill the conditions of Custody; +Federal Decree- Law No. 24 of 2022 Regarding Children of Unknown Parentage 12 + c. The issuance of a conclusive court ruling against either spouse in any of the crimes of +honour or any other crime that the Committee considers that the interest of the Adopted +Child requires the termination of Custody; +d. Inflicting harm to the Child of Unknown Parentage; +e. Evidence of the family's inability to provide social care of the Child of Unknown +Parentage; +f. The absence of the custodian is an absence that affects the good care and upbringing of +the Child of Unknown Parentage in Custody; +g. At the request of the Custodial Family, in accordance with the controls specified by the +Executive Regulations; +h. Failure to satisfy any of the conditions stipulated in article (9) of this Decree -Law; or +i. Any other case decided by the Committee based on a report issued by the Competent +Social Researcher. +2. The Custody of the Custodial Family of Children of Unknown P arentage shall be +terminated in the cases referred to in Paragraphs (d), (e) and (f) of Clause (1) of this Article +by a decision of the Committee based on a report from the Competent Social Researcher. + +" +family and community,Federal Decree-Law No. (24) of 2022 Regarding Children of Unknown Parentage,"Article (14) +Custody of the Child of a Known Mother and Unknown Father +1. In the event that the Child is of a known mother who holds the nationality of the State and +of an unknown father, or if their parentage is not legally proven, Custody shall be +established for the mother. +2. If it appears that the mot her is incompetent to take over Custody, or that the Child of +Unknown Parentage's stay with her poses a threat to the Child's safety or the Child's or her +own life, or if there are realistic circumstances that require the Child of Unknown Parentage +not to stay with her, then the Committee must submit a recommendation to the Ministry or +the Local Authority to apply to the competent court regarding a decision on Custody. +Federal Decree- Law No. 24 of 2022 Regarding Children of Unknown Parentage 13 + +" +family and community,Federal Decree-Law No. (24) of 2022 Regarding Children of Unknown Parentage,"Article (15) +Guardianship or Custodianship of a Child of Unknown Parentage +1. The prov isions of guardianship or custodianship stipulated in the legislation in force apply +to Children of Unknown Parentage. +2. At the request of the Ministry or the Local Authority, the competent court may grant either +of them or the Custodial Family guardiansh ip or custodianship over the Child of Unknown +Parentage. + + +" +family and community,Federal Decree-Law No. (24) of 2022 Regarding Children of Unknown Parentage,"Article (16) +Voluntary Custody +Custody is considered a voluntary work that takes place without charge. The Custodial Family shall not claim from the Adop ted Child, the Ministry or the Authority concerned any +expenses spent on the Adopted Child during the custody period. + +" +family and community,Federal Decree-Law No. (24) of 2022 Regarding Children of Unknown Parentage,"Article (17) +Financial Support +1. The financial support of the Child of Unknown Parentage shall be from their money, if any. If the Child of Unknown Parentage has no money and no one donated money to spend +on the Child of Unknown Parentage, the financial support of the Child of Unknown +Parentage shall be borne by the State. +2. A decision issued by the Council of Ministers based on the proposal of the Minister shall +Federal Decree- Law No. 24 of 2022 Regarding Children of Unknown Parentage 14 + determine the controls for disbursing the financial support referred to in Clause (1) of this +Article. + +" +family and community,Federal Decree-Law No. (24) of 2022 Regarding Children of Unknown Parentage,"Article (18) + Benef its of Custodial Employee +The Council of Ministers or the competent Local Authority, based on the proposal of the Minister or the head of the competent authority, and after coordination with the Authorities +Concerned, shall determine the benefits that are granted to the employee, working in the +government sector, who offers Custody for a Child of Unknown Parentage in accordance +with the provisions of this Decree -Law, and in accordance with the legislation in force in this +regard. + +" +family and community,Federal Decree-Law No. (24) of 2022 Regarding Children of Unknown Parentage,"Article (19) +Competent So cial Researcher +1. The Competent Social Researcher shall: +a. Follow up on the Adopted Child by visiting the Custodial Family with the permission of the homeowner, meet with the Adopted Child, and familiarize themselves with the Adopted Child's condition; +b. Prepare a report on the social, health and educational status of the Adopted Child and +the extent to which the Custodial Family fulfills its obligations towards the Adopted +Child; +c. Intervene to correct the behaviour of the Adopted Child in the event that evidence or +signs of delinquency appear on them, and take the necessary measures for that; +d. Maintain strict confidentiality of data and information related to the Adopted Child and not disclose it to any non -concerned party; and +e. Any other obligations assigned to the Competent Social Researcher by the Ministry or +Federal Decree- Law No. 24 of 2022 Regarding Children of Unknown Parentage 15 + Local Authority. +2. The Executive Regulations shall specify the controls for visits, preparation of reports, and +procedures for following up the Adopted Child. + +" +family and community,Federal Decree-Law No. (24) of 2022 Regarding Children of Unknown Parentage,"Article (20) +Creating an Electronic Register +1. An elec tronic register shall be established at the Ministry in which all data, information +and statistics relating to the Child of Unknown Parentage and any changes or updates thereto shall be recorded. +2. The Local Authorities and other Authorities Concerned shall link and share data, information and statistics referred to in Clause (1) of this Article with each other, as well as +any change or update thereof. +3. The Executive Regulations shall determine the data and information that must be entered +in the registe r, the criteria for obtaining an extract from it, and the data that the extract may +contain. +4. Everything recorded in the register is confidential and may not be viewed except by +specialists and for work purposes or based on a request from the judicial authority. + +" +family and community,Federal Decree-Law No. (24) of 2022 Regarding Children of Unknown Parentage,"Article (21) +Penalty for Failure to Report to the Police Station +Whoever violates the provisions of Clause (1) of article (3) of this Decree -Law shall be +punished by imprisonment and/or a fine of not less than (10,000) ten thousand dirhams but +not exceeding (100,000) one hundred thousand dirhams. + +Federal Decree- Law No. 24 of 2022 Regarding Children of Unknown Parentage 16 + " +family and community,Federal Decree-Law No. (24) of 2022 Regarding Children of Unknown Parentage,"Article (22) +Penalty of Preventing the Competent Social Researcher from Performing +their Duties +Whoever prevents the Competent Social Researcher from carrying out their duties or +impedes them fro m carrying out their work shall be punished by a fine not less than (5,000) +five thousand dirhams but not exceeding (50,000) fifty thousand dirhams. + + + +" +family and community,Federal Decree-Law No. (24) of 2022 Regarding Children of Unknown Parentage,"Article (23) +Penalty for Handing Over an Adopted Child without the Approval of the +Ministry or the Loc al Authority +Shall be punished by imprisonment and/or a fine of no less than (50,000) fifty thousand +dirhams whoever: +1. Has been appointed as a Custodian a Child of Unknown Parentage and permanently handed them over to another family without the approval of the Ministry or the Local +Authority; or +2. Has received a Child of Unknown Parentage from the Custodial Family witho ut +informing the police station within (24) twenty -four hours of receiving the Child of +Unknown Parentage. + +" +family and community,Federal Decree-Law No. (24) of 2022 Regarding Children of Unknown Parentage,"Article (24) +Penalty for Refusing to Hand Over an Adopted Child +Shall be punished by imprisonment and/or a fine of no less than (50,000) fifty tho usand +Federal Decree- Law No. 24 of 2022 Regarding Children of Unknown Parentage 17 + dirhams any member of the Custodial Family if such member refuses to hand over the +Adopted Child to the Ministry or the Local Authority in implementation of the Committee's +decision to withdraw the Adopted Child from it. + +" +family and community,Federal Decree-Law No. (24) of 2022 Regarding Children of Unknown Parentage,"Article (25) +Imposing a Mo re Severe Penalty Stipulated in Another Law +Imposing the penalties stipulated in this Decree Law shall not prejudice imposing any +severer penalty stipulated in any other law. +" +family and community,Federal Decree-Law No. (24) of 2022 Regarding Children of Unknown Parentage,"Article (26) +Executive Regulations +Based on the Minister's proposal, and after coordination with the Local and Authorities +Concerned, the Council of Ministers shall issue the Executive Regulations for this +Decree- Law within (6) six months from the date of its publication in the Official Gaz ette. + +" +family and community,Federal Decree-Law No. (24) of 2022 Regarding Children of Unknown Parentage,"Article (27) +Executive Decisions +The Minister or the head of the Local Authority, each within the limits of their competence, +shall issue the necessary decisions to implement the provisions of this Decree -Law. + +" +family and community,Federal Decree-Law No. (24) of 2022 Regarding Children of Unknown Parentage,"Article (28) +Repealing +1. Federal Law No. (1) of 2012 Concerning the Custody of Children of Unknown Parentage +Federal Decree- Law No. 24 of 2022 Regarding Children of Unknown Parentage 18 + is hereby repealed, so shall be any provision that contradicts or conflicts with the provisions +of this Decree -Law. +2. The regulations and decisions in force upon the issuance of t his Decree -Law shall +continue to be enforced in a manner that does not conflict with the provisions hereof pending the issuance of the Executive Regulations and decisions implementing hereto. + + + + +" +family and community,Federal Decree-Law No. (24) of 2022 Regarding Children of Unknown Parentage,"Article (29) +Publication and Effective Date +This Decree -Law shall be published in the Official Gazette, and shall come into force as of +January 2, 2023. + + +Mohammed bin Zayed Al Nahyan +President of the United Arab Emirates + +Issued by us at the Presidential Palace in Abu Dhabi on: + 30th Safar, 1444 A H +Corresponding to: 26th September, 2022 AD + " +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (1) +Definitions +For the purpose of applying the provisions of this Resolution, the following words and phrases +shall denote the meanings indicated next to each of them respectively , unless the context requires +otherwise: +The State : The United Arab Emirates. +Decree -Law : Federal Decree -Law No. (41) of 2022 Regarding Civil Personal Status. +Competent Court : The circuit concerned with reviewing cases and authentications filed in +accordance with the provisions of the Decree Law . +Auditor : The employee responsible for verifying that all documents and +conditions necessary to conclude a marriage contract are met in +accordance with the provisions of the Decree Law and this Resolution . +Accounting +Expert's Report : A report draw up by an accounting expert assigned by the competent +court to evaluate the economic situation of each spouse to determine the +true financial situation of the married couple, such as sources of income, +volume of wealth and property in order to calculate th e value of marital Cabinet Resolution No. (122) of 2023, Concerning the Executive Regulations of Federal Decree -Law No. (41) of 2022 +on the Civil Personal Status 2 + alimony. The report shall be bilingual whenever the competent court +deems the same necessary in view of the circumstances of the case and +the nationality of the parties . +The Will : The testator’s disclosure of his will regarding how to dispose of his +property or any part thereof after death . +Executor : The natural or legal person appointed by the testator to execute the will, +whether by virtue of a document designated by the will itself or by an +independent document or by the competent court . +Administrator of +an Estate : The natural or legal person in charge of compiling assets and managing +the Estate through the competent court . +Register : The paper or electronic document for registering the wills and estates of +those persons subject to the provisions of this Resolution . + +" +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (2) +Provisions of a Civil Marriage Contract +For a civil marriage contract to be established, the following conditions shall be met : +1. That both the husband and wife have attained at least (21) twenty -one Gregorian years . +2. That the married couple shall have the legal capacity necessary to undertake legal actions. +3. The civil marriage shall be executed between a male and a female. +4. That the married couple explicitly express their consent to marriage . +5. Marriage shall not take place between brothers, sons, grandchildren , paternal uncles, +maternal uncles or relatives up to the third degree. +6. The marriage shall not take place between the adopted child and the father or mother in the +alternative fam ily or any of their natural children. +7. Never get marriage to two sisters, a wife and her mother, maternal aunt, paternal aunt or +grandmother, if the legislation, to which the husband is subject, permits polygamy . Cabinet Resolution No. (122) of 2023, Concerning the Executive Regulations of Federal Decree -Law No. (41) of 2022 +on the Civil Personal Status 3 + 8. The wife shall not have an existing marital relationship, and also the husband if the legislation, +to which he is subject, does not permit polygamy. In all cases, the husband shall disclose any +existing marital relationship. + +" +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (3) +Conclusion of Marriage Contract by Guardian, Custodian or Trustee +Notwithstanding article (2.2) of this Resolution, the contract may be executed by any of the +guardians, custodians or trustees, as the case may be, if either of the married couple is a minor, +after obtaining the judge’s p ermission, provided that he verifies the availability of interest in this +marriage. + +" +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (4) +Procedures for Submitting Civil Marriage Application +1. The married couple shall submit an application for a civil marriage to the authentication judge +in accordance with the procedures followed in this regard. +2. The following documents shall be submitted with the civil marriage application form No. (1) +accompanying this Resolution: +a. The supporting documents and ID cards of the civil marriage applicants. +b. A document proving the residence of the civil marriage applicant in the State . +c. A document issued by the competent authorities in the home country of the civil marriage +applicant, showi ng their age. +3. The marriage application form No. (1) accompanying this Resolution shall include the +following: +a. A declaration that there is no existing marital relationship for the wife, and also for the +husband if the legislation , to which he is subject, does not permit polygamy. Cabinet Resolution No. (122) of 2023, Concerning the Executive Regulations of Federal Decree -Law No. (41) of 2022 +on the Civil Personal Status 4 + b. Any conditions to be agreed upon between the married couple that determine their rights +during the period of marriage and post -divorce through divorce application form No. (3) +accompanying this Resolution , in particular joint custody. +c. Evidence of the married couple ’ express consent to the marriage contract. +d. Signatures of the married couple . +e. Disclosure Form No. (2) accompanying this Resolution . + +" +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (5) +Civil Marriage Contract Procedures and Authentication +1. The auditor shall be responsible for verifying the fulfillment of all conditions for marriage and +the completion of all documents and forms stipulated in the Decree Law and this Resolution , +and he may return the application to its applicants until the requirements are fulfilled. +2. The application shall be admitted and referred to the authentication judge at the competent +court after the required conditions are met and the fees are paid. +3. If it becomes clear to the authentication judge at the competent court that the application +meets all the conditions stipulated in the Decree Law and this Resolution , a hearing shall be +scheduled for appearance for the sake of completing the procedures for authentication of the +marriage contract. +4. The married couple shall expressly express before the authentication judge at the competent +court their consent to complete the procedures for the marriage in the scheduled hearing . +5. The authentication judge shall authenticate the marriage contract when he verifies that there +is nothing that legally impedes the validity of the consent of the married couple and after +verifying proof of their signature on Disclosure Form No. (2) accompanying this Resolution . +6. The competent court shall issue the civil marriage document in Arabic and English whenever +necessary, taking into account the nationality of the parties and shall hand over a copy of the +marriage document to each of the married couple in accordance with its procedures. + Cabinet Resolution No. (122) of 2023, Concerning the Executive Regulations of Federal Decree -Law No. (41) of 2022 +on the Civil Personal Status 5 + " +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (6) +Financial and In -Kind Rights for the Duration o f Marriage +According to the discretionary a uthority of the competent court and in the event that the parties +do not agree on the conditions or controls for the financial rights resulting from a civil marriage, +the judge may oblige either of the married couple to pay a lump sum to indemnify the other party +after the divorce, taki ng into account the following calculation criteria: +1. The number of years of marriage, so that the larger number of years of marriage shall give rise +to larger amounts of compensation. +2. The extent to which the husband or wife was the cause of the failure of the marital +relationship through negligence or fault or perpetration of any act that led to divorce, such as +infidelity or abandonment. +3. Compensation by either of the married couple of the other for any material or moral damage +suffered as a result of the divorce. +4. The economic, financial and social status of each spouse depending on the accounting expert +report. +5. Level of education and university degrees for the married couple . +6. The age of the wife, so that the value of alimony decreases with the decrease in the age of the +wife and vice versa . +7. Level of interest of the wife in taking care of the children or not. +8. The husband’s requirement that the wife should or should not work. +9. The standard of living that both the wife and children are accustomed to during the marriage +period. +10. The extent to which each spouse contributes to the other party ’s wealth. +11. The health conditions of the married couple . +12. The wife’s employment status and her employability . +13. The number of children, thei r ages and their need for care. +14. Financial dependence of either of the married couple on the other. Cabinet Resolution No. (122) of 2023, Concerning the Executive Regulations of Federal Decree -Law No. (41) of 2022 +on the Civil Personal Status 6 + 15. Any other criteria that the competent court deems necessary. + +" +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (7) +Competent Court’s Appointment of an Accounting Expert for the Financial +Evaluation +1. The competent court shall assign the mission of evaluating the financial position of the +married couple to an accounting expert who is fluent in the English language, whenever +necessary, who shall be assigned to indicate the total financial value to which the wife or +husband is entitled after the divorce. +2. The competent court has the discretion to rely on th e expert’s report, in a way that ensures a +decent living for the divorcee and her children without burdening the father with financial +costs that exceed his financial capabilities. + +" +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (8) +Provision of Housing for the Divorcee During the Period of Joint Custody +1. Unless the competent court deems otherwise, the father shall pay a housing allowance in kind +or in cash to his divorcee for the duration of the joint custody of the children in the event that +both parties do not agree otherwise in the marriag e contract, taking into account the +following measures : +a. The new housing shall be appropriate for the standard of living to which the children in +custody were accustomed before the divorce. +b. The close distance between the new housing and their old one . +c. The housing allowance shall include basic utility bills such as electricity, water, internet, +gas, air conditioning and other matters. +2. The competent court may exempt the father, wholly or partially, from paying the h ousing +allowance if the divorcee mother has the solvency that allows her to rent or own suitable Cabinet Resolution No. (122) of 2023, Concerning the Executive Regulations of Federal Decree -Law No. (41) of 2022 +on the Civil Personal Status 7 + housing that meets the needs of the children in custody . The evaluation of the solvency shall +be subject to the judge’s discretion based on the accountin g expert report. + +" +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (9) +Housing A ssistance for Divorcee +The divorced woman may submit a request to the competent court, after the judgment granting +divorce is rendered, seeking a judgment of a housing allowance in kind or in cash to the extent +that provides her with temporary housing following the divorce. The judge shall determine the +value and duration of housing assistance depending on the wife’s living conditions before the +divorce, and in proportion to the economic and financ ial situation of the divorcee , unless the +married couple agree otherwise in the marriage contract. + +" +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (10) +Alimony +1. The divorcee may submit a request to the competent court, after the judgment granting +divorce is rendered, seeking a judgment of temporary alimony for her until a decision is made +on the financial rights resulting from th e divorce, according to the divorcee alimony +application form No. (4) accompanying this Resolution . +2. The competent court shall decide on the application based on the documents submitted by +the wife, showing the married couple ’ monthly income and taking into account the account +statement for the last (6) six months. The competent court may dismiss the appl ication for +temporary alimony if the divorcee has a job or a fixed source of income that provides her with +basic needs, and the application shall be decided on through an order on a petition. + + Cabinet Resolution No. (122) of 2023, Concerning the Executive Regulations of Federal Decree -Law No. (41) of 2022 +on the Civil Personal Status 8 + " +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (11) +Responsibility for Financial Support of Children +The father shall financially support his children after the divorce, and the same includes all +aspects of maintenance, such as education, housing fees, treatment and other daily or periodic +expenses that he was responsible for before the divorce, unless the married couple agree +otherwise in the marriage contract. + +" +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (12) +Authority of the Competent Court to Estimate Child Support +The competent court has the discretion to estimate the maintenance required from the father for +the benefit of the children and the financial fines imposed on him in the event of his failure to +provide the maintenance as required , as long as the judgment of the competent court is rendered +based on justifiable reasons according to the circumstances of divorce and joint custody. The +competent court may also increase or decrease this amount and estimate the method of +calculating and paying the same , according to the results of the accounting expert report, in a way +that ensures a decent living for the mother and children without burdening the father with +financial costs that exceed his financial capabilities. + +" +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (13) +Joint Custody +1. In the divor ce judgment, the competent court shall automatically grant joint custody of the +children equally between the father and mother, except in the following cases: +a. Either party submits an application to the competent court to grant the custody for the +parent who is worthy of fulfilling the interests of the child subject to custody , in +accordance with custody application form no. (5) accompanying this Resolution. +b. Either part y may submit a written waiver to the competent court of his right to custody . Cabinet Resolution No. (122) of 2023, Concerning the Executive Regulations of Federal Decree -Law No. (41) of 2022 +on the Civil Personal Status 9 + 2. The mother or father may object to the joint custody judgment if there are sound +justifications. + +" +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (14) +Alternation of Joint Custody +In the event that the parents fail to reach an agree ment on how to divide the custody between +them after divorce, the competent court shall indicate how to divide joint custody, whether on a +weekly, semi -monthly or monthly basis or in any other way that takes into account the best +interest of the child in custo dy. The division includes a statement of the distribution of leaves and +public holidays, and the competent court may apply any of the following distributions: +1. Weekly alternation of custody : The child in custody spends one week with the father and the +following week with the mother, and so on continuously throughout the year. +2. Semi -monthly alternation of custody : The child in custody spends two consecutive weeks +with the father and two consecutive weeks with the m other, and so on consecutively +throughout the year. +3. Monthly alternation of custody : The child in custody spends a month with the father and the +following month with the mother, and so on consecutively throughout the year. +4. Any other arrangements that the competent court deems necessary to achieve the interests +of the child in custody . + +" +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (15) +Application for Waiver of Joint Custody and its Effect +1. The basic principle in the custody of the children is the participation of the father and the +mother together in the responsibility of raising the children after the divorce . However, either +of them may request to give up the right to joint custody. +2. The person requesting the abandonment of joint custody shall not be exempted from +financial obligations with respect to the children in custody . Cabinet Resolution No. (122) of 2023, Concerning the Executive Regulations of Federal Decree -Law No. (41) of 2022 +on the Civil Personal Status 10 + +" +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (16) +Parents’ Refusal to Perform Custodial Duties or Waiver of Custody +The competent court shall notify the Public Prosecution in the event that either parent refuses to +carry out custodial duties or in the event that each of them gives up his/her right to joint custody +in order to take whatever measures it deems appropriate. + +" +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (17) +Application for Removal of Joint Custodian +1. The father or the mother may request removal of the other party from joint custody, whethe r +legal custody, de facto custody or both. +2. The competent court shall set a date to consider the application and notify the parties of the +date of the hearing . +3. In the hearing set for hearing the case, the competent court shall take the measures it deems +necessary and appropriate for the interest of the child in custody in custody, whether by +temporarily suspending joint custody until the case is adjudicated or by assigning a social +expert to evaluate the objections contained in the application . + +" +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (18) +Cases of Removal of the Joint Custodian +The competent court shall decide on the application to dismiss the father or the mother and give +up its right to joint custody, whether temporarily or permanently, in any of the following cases: +1. The risk of the child in custody being exposed to domestic violence or ill -treatment. +2. Inadequate living conditions provided by the joint custodian to the child in custody . +3. The joint custodian has behavioral or psychological problems that would harm the child in +custody or expose him /her to danger or negligence . +4. Loss or lack of eligibility of the joint custodian. Cabinet Resolution No. (122) of 2023, Concerning the Executive Regulations of Federal Decree -Law No. (41) of 2022 +on the Civil Personal Status 11 + 5. The joint custodian does not perform custodial duties . +6. The joint custodian commits a crime against morals and honor that prevents it from carrying +out its duties or poses a threat to the behavior of the child in custody , provided that its guilt is +proven by a final judgment . +7. Not devote time to caring for the child in custody and be distracted from caring for the child +in custody . +8. The desire of the child in custody , provided that he /she reaches (18) eighteen years of age. +9. The cust odian’s abuse of drugs, alcohol or any psychotropic substances. +10. Health reasons that prevent the joint custodian from carrying out its duties with respect to the +child in custody . +11. Any other reasons determined by the competent court and in the interest of the child in +custody . + +" +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (19) +Termination of Joint Custody +In the event of terminate joint custody, the competent court has the discretion to apply the +measures it deems appropriate of the rules of justice and fairness or the best international +practices from comparative legal laws with regard to custody and visitation , while giving priority +to the best interest of the child in custody . + +" +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (20) +Application for Intervention of the Competent Court +1. In the event of a dispute between both parents over an issue related to joint custody, either +parent shall be entitled to apply to the c ompetent c ourt to decide on the subject of the dispute +2. The court shall have a discretionary power to decide a particular course of action in the best +interest of the child under custody, based on the request of either parent after divorce . + Cabinet Resolution No. (122) of 2023, Concerning the Executive Regulations of Federal Decree -Law No. (41) of 2022 +on the Civil Personal Status 12 + " +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (21) +Travel of Child During the Joint Custody Period +In the event that joint custody is in effect, either parent may not travel with the child in custody +outside the State by a unilateral decision except with the permission of the judge in the event of +opposition from either party, after submitting an application to the competent court. The court +may oblige the person requesting travel to provide sufficient guarantees for the child’s back to +the State on the specified date. In all cases, the application shall be subject to the discretionary +authority of the competent court. + +" +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (22) +Prevention of the Child in C ustody from Traveling +After signing the divorce, either parent may submit to the competent court an application for +preventing the child in custody from traveling for a temporary period, stating the objections to +the child in custody ’s travel. The application shall be subject t o the discretionary authority of the +competent court. + +" +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (23) +Visitation +1. The father and mother may agree that the visitation shall be shared between them. In the +event of disagreement, the competent court shall determine the place and time of the vis it +and the overnight stay, the person responsible for bringing the child in custody , the supervisor +of the visit and the consequences resulting from the failure to implement the visitation and +who caused it. +2. The competent court may, sua sponte or upon the motion of either parent, issue a decision to +stop the visitation of the child when the interests of the child in custody require so, and when +the disagreement between the parents disaffects the interests of the child in custody . + Cabinet Resolution No. (122) of 2023, Concerning the Executive Regulations of Federal Decree -Law No. (41) of 2022 +on the Civil Personal Status 13 + " +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (24) +Modification of the Visitation Judgment +The competent court rendering the visitation judgment may amend the same in terms of the place +or time of the visitation and related matters, based on the motion of either parent or as required +for the interests of the child in c ustody . + +" +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (25) +Rights Regarding Will and Estate +The Will shall be executed before the distribution of the inheritance. However, the Will shall not +be executed or the estate’s assets distributed unless the following requirements has been fulfilled +and in accordance with the following order: +1. The funeral expenses; +2. Expenses for managing the estate and executing the Will. +3. Remuneration of the Executor and estate administrator. +4. Debts owed from the estate, according to the privilege levels stipul ated in the effective laws. + +" +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (26) +Execution of the Will +The Will shall be executed in writing or by using meaningful verbal expressions or intelligible +signs if the testator is unable to write. A Will may be made in favor of a named or unnamed person; +a living person or an unborn child whose existence is ascertained; or an identified or unidentified +group, and may be made for charitable purposes. The wording of a Will may be non -restrictive or +restrictive. A Will may stipu late that it shall take effect on a future date, and may be conditional +or contingent upon the satisfaction of any requirements. In addition, a Will may apply to the +whole estate or to any part thereof. + + Cabinet Resolution No. (122) of 2023, Concerning the Executive Regulations of Federal Decree -Law No. (41) of 2022 +on the Civil Personal Status 14 + " +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (27) +Registration of the Will +The Will shall be registered in the register prepared for this purpose at the competent court in +accordance with the following conditions and procedures: +1. The testator shall be non -Muslim subject to the provisions of the Decree Law and this +Resolution. +2. The Will shall sat isfy the Will validity conditions stipulated in article (28) of this Resolution. +3. The Will shall nominate an Executor and shall state how the Testate property shall be +disposed of. +4. The testator shall have signed the Will or affixed his seal or fingerprint t o it, in the presence of +two (2) witnesses. +5. The text of the Will shall not have been altered by deleting or erasing any part thereof, or by +adding or inserting new text. +6. All the fees shall have been paid. + +" +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (28) +Conditions for Validity of the Will +1. A Will shall be valid subject to the following conditions: +a. The Testate property shall be capable of being owned and used by the beneficiary of +the Will. +b. The testator shall be of full capacity and shall not be less than twenty -one (21) years +of age. +c. The testator shall not be under interdiction for prodigality or imbecility unless the Will +is made for charitable purposes and his guardian obtains the relevant approval from +the competent court. +d. The testator shall not be prohibited from disposing of his property, and shall not be +declared bankrupt or insolvent. Cabinet Resolution No. (122) of 2023, Concerning the Executive Regulations of Federal Decree -Law No. (41) of 2022 +on the Civil Personal Status 15 + e. The testate property shall be owned by the testator. +f. The Will shall be enforceable +g. The enjoyment of the testate property and the purpose for which it is bequeathed shall +be la wful. +h. The testate property shall be existent and of a known or measurable amount at the +time of death of the testator. Future assets may be bequeathed by a Will if their +existence is ascertainable. +i. The Will shall not contradict public order or morals. +2. Any party concerned may request the interpretation of, or contest, a Will before the +competent court. +3. Where a Will includes a condition that goes against the public order or morals, th e same shall +be null and void but the Will shall remain valid. + +" +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (29) +Lapse of the Will +A Will shall lapse in any of the following cases: +1. Where the Will is revoked by the testator, provided that this revocation shall be registered on +the Register. +2. Where a new Will that contradicts the original Will is registered. +3. Where th e testate property is disposed of in a manner that involves transfer of ownership. +4. In the event of death of the beneficiary of the Will during the lifetime of the testator, unless +an alternative beneficiary is stated in the Will. +5. In the event of destruction of the testate property , or if it is proven pursuant to a definitive +court judgment that the title to the property belongs to another person or where such +property is proven to be non -transferable. +6. Where the testator becomes ban krupt during his lifetime, or where the entire testate property +is used to satisfy the debts of the Estate. Cabinet Resolution No. (122) of 2023, Concerning the Executive Regulations of Federal Decree -Law No. (41) of 2022 +on the Civil Personal Status 16 + 7. In the event of renunciation of the Will by its beneficiary or his guardian. +8. Where the testator is killed by the beneficiary of the Will; whether th at beneficiary has been a +principal or accomplice in the murder of the testator, or has caused his death. In any such case, +the beneficiary shall have been convicted pursuant to a definitive court judgment. + +" +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (30) +Multiple Wills +1. In case of multiple Wills, the Will which is registered on the Register shall prevail. Where all +Wills are registered, the Will registered first will prevail. +2. Where none of the multiple Wills is registered on the Register, they shall be deemed a single +Will. In the event of conflict, the Will determined pursuant to a judgment of the competent +court shall be implemented. + +" +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (31) +Acceptance and Renunciation of Wills +1. Upon the death of a testator, the beneficiary of the Will may accept or renounce it in whole or +in part within sixty (60) days from the date on which he is notified of the Will. The same shall +be subject to the following rules: +a. Where the beneficiary is a minor, an unborn child, or a person placed under interdiction, +the acceptance or renunci ation of the Will shall be effected by the guardian, subject to the +approval of the competent court. +b. Where the beneficiary is a public or private entity, the acceptance or renunciation of the +Will shall be effected by the legal representative of that enti ty. +2. Where the beneficiary dies before he accepts or renounces the Will, the right to accept or +renounce it shall pass to his heirs. In case he leaves no heirs, the Will shall lapse. +3. Where the beneficiary is an unnamed person, no acceptance or renunciatio n shall be +required. Cabinet Resolution No. (122) of 2023, Concerning the Executive Regulations of Federal Decree -Law No. (41) of 2022 +on the Civil Personal Status 17 + +" +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (32) +Wills Encumbered with Rights and Obligations +Where the testate property is encumbered with any rights or obligations, it shall be transferred to +the beneficiary of the Will together with these rights and obligations arising from such property. +If the beneficiary refuses to fulfill these rights and obligations, his rights under the Will shall be +forfeited. + +" +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (33) +Requirements for the Executor +1. The Executor shall meet the following conditions: +a. Be of fu ll legal capacity; +b. Not to be convicted of any felony or other crime involving moral turpitude or breach of +trust , unless rehabilitated; +c. Not have been declared bankrupt or insolvent, unless he has been rehabilitated; +d. Declare his acceptance to implement t he Will; and +e. Not have any interest in the testate property . +2. In the absence of an Executor, the competent court shall appoint an Executor as per the +following order: +a. The alternative Executor named in the Will; +b. Any Executor chosen by the beneficiary or his g uardian; or +c. Any other Executor determined by the competent court. + +" +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (34) +Duties and Powers of the Executor +Under the supervision of the competent court, an Executor shall have the duties and powers to: Cabinet Resolution No. (122) of 2023, Concerning the Executive Regulations of Federal Decree -Law No. (41) of 2022 +on the Civil Personal Status 18 + 1. Conduct an inventory of the testate property , receive and take possession of that property, +collect any rights arising from the same and take any necessary action to preserve it, including +entrusting it to a trustworthy person, initiating cases, dealing wi th government and non - +government entities in respect of the implementation of the Will and representing the +beneficiary of the Will in claims related to the Will. +2. Pay the beneficiary of the Will his necessary expenses from the testate property once the +amo unt of these expenses is determined by the competent court. +3. Where the Will is encumbered with any rights, inform the creditors and the holders of these +rights to submit their claims within ninety (90) days from the date on which the notification +is published in two (2) local daily newspapers, one of which is in English. +4. Perform any obligations arising from the Will and make the necessary settlements in this +respect, subject to obtaining the written app roval of the competent court. +5. Subject to obtaining the approval of the competent court, take the necessary action to manage +and invest the testate property , including by way of lease or mortgage of this property, +whether by himself or through contracting a ny investment agents. +6. Appoint lawyers and seek assistance from experts and specialists to exercise his duties and +powers and pay their fees and remuneration from the testate property , subject to obtaining +the written approval of the competent court of the amount of these fees and remuneration. +7. Subject to obtaining the written approval of the competent court, sell any part of the testate +property where the cost of maintaining this part exceeds its value, or where it is prone to +damage or destruction. +8. Subjec t to obtaining the written approval of the competent court, hand over the testate +property or any part thereof to the beneficiary. + +" +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (35) +Obligations of the Executor +The Executor shall take the following measures: Cabinet Resolution No. (122) of 2023, Concerning the Executive Regulations of Federal Decree -Law No. (41) of 2022 +on the Civil Personal Status 19 + 1. Manage the testate property in good faith and with the due diligence a prudent person +would exercise. +2. Introduce himself as Executor when exercising any of his duties and powers under the +Will or under this Law or this Resolution. +3. Regularly keep separate records and books in respect of the i mplementation of the Will. +4. Not use, or allow any other person to use, the testate property directly or indirectly for his +own benefit or gain, unless he is so authorized by the testator or the competent court. +5. Not disclose to third parties any information or data in relation to the accounts of the Will, +unless otherwise stipulated by the legislation in force. +6. Meet any other obligations stated in the Will implementation order or required due to the +nature of disposition. + +" +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (36) +Procedures for Will Implementation +A Will shall be implemented pursuant to: +1. By virtue of an order issued by the competent court, where the Will is registered on the +Register +2. By virtue of a judgment issued by the competent court based on a written application by the +benef iciary of the Will or his guardian in accordance with the procedures for instituting cases, +where the Will is not registered on the Register. + +" +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (37) +Accounts of the Will +An Executor shall, within the timeframe prescribed by the competent court for t his purpose, +submit to the competent court a report on his activities. This report shall contain a detailed +statement of the accounts and expenditure in relation to the Will. + Cabinet Resolution No. (122) of 2023, Concerning the Executive Regulations of Federal Decree -Law No. (41) of 2022 +on the Civil Personal Status 20 + " +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (38) +Transfer of Ownership of the Testate Property +The ownership of testate property shall be transferred to the beneficiary of the Will pursuant to +an order or a judgment issued by the competent court, taking the following measures into +account: +1. The beneficiary shall be of full capacity and shall not be under interdiction f or prodigality or +imbecility, except where the beneficiary is a minor, or a person placed under interdiction, who +has a guardian, custodian or trustee. +2. The Executor shall submit to the competent court the final accounts of the testate property . + +" +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (39) +Removal of the Executor +Any party concerned may request the competent court to remove the Executor in the event that +he violates his obligations, loses one of his conditions stipulated in this Resolution, violates his +activities, breaches the terms and conditions of the Will or violates the provisions of the +legislation in force in the State requires him to do. + +" +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (40) +Procedures for the Executor Removal +1. The case for removal of the Executor shall be registered in accordance with the usual +procedures for registering cases. +2. The Case Management Office shall notify the Executor of the application so that the latter can +respond thereto within an appropriate period determined by the judge supervising the case +management. +3. The competent court or th e supervising judge may, as the case may be, and each within its +respective competence, issue urgent orders or take the necessary measures to preserve the +testate property and prevent the disposition thereof. Cabinet Resolution No. (122) of 2023, Concerning the Executive Regulations of Federal Decree -Law No. (41) of 2022 +on the Civil Personal Status 21 + 4. In the event that the Executor is removed, the competent court shall appoint another Executor +based on the request of the testator, the agreement of the heirs, or according to its discretion +for the sake of preserving the testate property . +5. If it is proven during the procedures for removing the Executor that there is a suspicion that +he has committed a crime involving breach of trust, the Public Prosecution shall be notified +to take whatever action it deems appropriate. + +" +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (41) +Remuneration of the Executor +1. Where the remuneration of the Executor is not determined in the Will, the competent court +shall determine it based on a written application submitted by the Executor. +2. The remuneration of the Executor shall be a preferential debt and shall rank second in priority +to judicial fees in the event of en forcement against the testate property . + +" +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (42) +Application of the Rules of Fairness and Justice +The competent court shall apply the principles of justice and fairness to take a decision on any +matter submitted thereto during the hearing of the case. + +" +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (43) +Conflict of Interest +An Executor or any of his subordinates may not sell or purchase the testate property for his own +account or for the account of third parties. Moreover, none of them, their spouse or any of their +ascendants or descendants may have a direct or indirect interest in any project or agreement +relating to the testate property , unless he is so au thorized by the testator or the competent court. + + Cabinet Resolution No. (122) of 2023, Concerning the Executive Regulations of Federal Decree -Law No. (41) of 2022 +on the Civil Personal Status 22 + " +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (44) +Matters not Specifically Stipulated +Unless there is a special provision in this Resolution and in a way that does not conflict with the +provisions of the Decree Law and this Resolution, the r elevant legislation and resolutions +regulating personal status matters in the State shall apply. + +" +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (45) +Repeal s +Any provision in any other legislation shall be repealed to the extent that it conflicts with or goes +against the provisions of this Reso lution. + +" +family and community,Cabinet Resolution No. (122) of 2023 Concerning the Executive Regulation of Federal Decree-Law No. (41) of 2022 on the Civil Personal Status,"Article (46) +Publication and Entry into Force +This Resolution shall be published in the Official Gazette and shall enter into force as of the day +following the date of its publication. + + + + + + +Mohammed Bin Rashid Al Maktoum +Prime Minister + +Issued by us: +On: 13 Jumada al -Awwal , 1445 AH +Corresponding to: 27 November 2023 AD + Cabinet Resolution No. (122) of 2023, Concerning the Executive Regulations of Federal Decree -Law No. (41) of 2022 +on the Civil Personal Status 23 + Annex 1 +Civil Marriage Application Form +Applicant 1 (Husband ) Details: +Name : +Nationality : +Date of Birth : +Emirates ID No.: +Passport No.: +Phone No.: +E-mail +Address +Marital Status: + +▪ Single ▪ Divorced ▪ Widower + +▪ I acknowledge that the wife is nor a +relative up to the third degree of +consanguinity +Applicant 2 (wife ) Details +Name : +Nationality : +Date of Birth : +Emirates ID No.: +Passport No.: +Phone No.: +E-mail +Address Cabinet Resolution No. (122) of 2023, Concerning the Executive Regulations of Federal Decree -Law No. (41) of 2022 +on the Civil Personal Status 24 + Marital Status: + +▪ Single ▪ Divorced ▪ Widower + +▪ I declare I am not currently married + +▪ I acknowledge that the wife is nor a +relative up to the third degree of +consanguinity +▪ We the undersigned, acknowledge and +declare our desire to conclude a +marriage contract and document it +according to the conditions agreed +upon below for each party. +Rights of the husband and the wife during the marriage period +Rights of the husband and the wif e after divorce +- +- +- +- +- +- +Husband's Name +Husband's Signature +Wife's name +Wife's Signature +Attachments Cabinet Resolution No. (122) of 2023, Concerning the Executive Regulations of Federal Decree -Law No. (41) of 2022 +on the Civil Personal Status 25 + 1. Copies of the married couple ' +passports. +2. Copy of the Emirates ID of the UAE +national and UAE resident. +3. Copy of an official proof of divorce, +if one of the applicants is divorced +4. Copy of the death certificate of the +former spouse, if one of the +applicants is widow* widower + + Cabinet Resolution No. (122) of 2023, Concerning the Executive Regulations of Federal Decree -Law No. (41) of 2022 +on the Civil Personal Status 26 + Annex 2 +Disclosure Form +Applicant 1 (Husband ) Details: +Name : +Nationality : +Date of Birth : +Emirates ID No.: +Passport No.: +Phone No.: +E-mail +Address +Applicant 2 (wife ) Details +Name : +Nationality : +Date of Birth : +Emirates ID No.: +Passport No.: +Phone No.: +E-mail +Address +Marriage disclosure of the husband +1. Have you ever been married? +▪ yes ▪ No +2. If you have been married of divorced, +mention the date of the divorce: +3. If you have previously been married +and the martial relationship still Cabinet Resolution No. (122) of 2023, Concerning the Executive Regulations of Federal Decree -Law No. (41) of 2022 +on the Civil Personal Status 27 + exists, does your national legislation +permit polygamy + +▪ yes ▪ No +▪ I, the undersigned , acknowledge the +accuracy of the data contained in this +form and I bear full responsibility if +proven otherwise. +Name +Signature +Date +Marriage disclosure of the wife +1. Have you ever been married? +▪ yes ▪ No +If you have previously been married +and divorced, mention the date of the +divorce +▪ I, the undersigned , acknowledge the +accuracy of the data contained in this +form and I bear full responsibility if +proven otherwise. +Name +Signature +Date + + Cabinet Resolution No. (122) of 2023, Concerning the Executive Regulations of Federal Decree -Law No. (41) of 2022 +on the Civil Personal Status 28 + Annex 3 +Divorce Application Form +Applicant Details (Husband/Wife ): +Party: + +▪ Husband ▪ Wife +Name : +Nationality : +Date of Birth : +Emirates ID No.: +Passport No.: +Phone No.: +E-mail +Address +Respondent Details +Party: + +▪ Husband ▪ Wife +Name : +Nationality : +Date of Birth : +Emirates ID No.: +Passport No.: +Phone No.: +E-mail: +Address: +Marriage Data Cabinet Resolution No. (122) of 2023, Concerning the Executive Regulations of Federal Decree -Law No. (41) of 2022 +on the Civil Personal Status 29 + 1. Date of Marriage +2. Conditions agreed upon in the Marriage Certificate: +- +- +- +- +- +- +- +- +- +- +- +- +- +3. Any other conditions +4. +- +- +- +- +- +- +- +- +- +- Cabinet Resolution No. (122) of 2023, Concerning the Executive Regulations of Federal Decree -Law No. (41) of 2022 +on the Civil Personal Status 30 + Name +Signature +Date +Divorce Applicant Requests: +- +- +- +- +- +- +- +The Applicant or their Representative: +Full name of the applicant +Status: + +▪ Husband ▪ Wife +Signature +Date +Please attach the following documents: +1. 1. identity documents  +passport, Emirates ID, Residency +Visa, if available ). +2. Marriage Certificate +3. Disclosure Form. + + Cabinet Resolution No. (122) of 2023, Concerning the Executive Regulations of Federal Decree -Law No. (41) of 2022 +on the Civil Personal Status 31 + Annex 4 +Alimony Application Form +Applicant Details: +Wife's Name +Nationality +Date of Birth : +Emirates ID No.: +Passport No.: +Phone No.: +E-mail +Address +Occupation +Employer +Total Salary +Respondent Details +Husband's Name +Nationality +Date of Birth : +Emirates ID No.: +Passport No.: +Phone No.: +E-mail +Address +Occupation +Employer +Total Salary +Marriage Data: Cabinet Resolution No. (122) of 2023, Concerning the Executive Regulations of Federal Decree -Law No. (41) of 2022 +on the Civil Personal Status 32 + 1. Date of Marriage +2. Place of Marriage +3. Marriage Certificate Registration No. +4. Conditions and rights agreed upon in +the marriage contract: +- +- +- +- +- +- +- +- +Divorce Data: + +1. Divorce judgment No +2. Date of Divorce +Financial status of the Husband +Monthly Income (in AED ) +Employer +Monthly Salary +Other allowances, propertied or sources +of income: +▪ Yes ▪ No +In case the answer is ""yes"", please specify: +Financial Commitments of the Husband: +- Cabinet Resolution No. (122) of 2023, Concerning the Executive Regulations of Federal Decree -Law No. (41) of 2022 +on the Civil Personal Status 33 + - +- +- +- +- +- +- +Requests : +- +- +- +- +- +- +- +- +- +- +Financial Status of the Wife +Monthly Income (in AED ) +Employer +Monthly Salary +Other allowances, propertied or sources +of income: +▪ Yes ▪ No +In case the answer is ""yes"", please specify: +Financial Commitments of the Wife: Cabinet Resolution No. (122) of 2023, Concerning the Executive Regulations of Federal Decree -Law No. (41) of 2022 +on the Civil Personal Status 34 + - +- +- +- +- +- +- +- +- +- +Applicant or their Representative +Full name of the Applicant + +Signature + +Date +Please attach the following documents +1. Identity documents: +(passport. Emirates ID, Residency +Visa, if available ) +2. Bank statement of latest 12 months +3. Real Estate Properties Certificate +4. Detailed Salary Certificate +5. Expertise Report (if available ) +6. Marriage Certificate +7. Marriage Disclosure Form +8. Divorce Certificate Cabinet Resolution No. (122) of 2023, Concerning the Executive Regulations of Federal Decree -Law No. (41) of 2022 +on the Civil Personal Status 35 + +Annex 5 +Child Custody Application Form +Applicant 1 Details +Party: + +▪ Father ▪ Mother ▪ Other +Name : +Nationality : +Date of Birth : +Emirates ID No.: +Passport No.: +Phone No.: +E-mail +Address +Respondent Details +Party: + +Applicant 2 Details: +Party: +▪ Father ▪ Mother ▪ Other +Name : +Nationality : +Date of Birth : +Emirates ID No.: +Passport No.: +Phone No.: Cabinet Resolution No. (122) of 2023, Concerning the Executive Regulations of Federal Decree -Law No. (41) of 2022 +on the Civil Personal Status 36 + E-mail +Address +Marriage Data +1. Date of Marriage +2. Custody Condition +- +- +- +- +- +- +- +3. Any other conditions: +- +- +- +- +- +- +- + +Divorce Judgment Data +1. Judgment No +2. Date of Divorce +3. Court of issuance +4. Judgment Summary + Cabinet Resolution No. (122) of 2023, Concerning the Executive Regulations of Federal Decree -Law No. (41) of 2022 +on the Civil Personal Status 37 + + + + +Other conditions, if available: +- +- +- +- +- +- +- +- +Data of child/children Subjected to custody: +Educatio +n Level Employed/ +Unemployed Date of +Birth Gender Currently +inside/outsid +e the country Place of +Residenc +e Name + + + + + + +Reasons For Requesting Custody +- +- +- Cabinet Resolution No. (122) of 2023, Concerning the Executive Regulations of Federal Decree -Law No. (41) of 2022 +on the Civil Personal Status 38 + - +- +- +- +- +- +- +Requests +- +- +- +- +- +- +- +- + +- + +1. Marriage Certificate and Disclosure +Form +2. Divorce Judgment +3. Identity documents (passport, +Emirates ID, Residency Visa, if +available ). +4. Agreed Upon Terms + " +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (1) +Definitions +In applying the Law hereof, the following words and phrases have the meanings assigned to each of them, unless the context requires otherwise: +State : United Arab Emirates +Ministry : Ministry of Community Development +Minister : :Minister of Community Development +The Local +Authority : The local authority concerned with Regulating Fundraising. +Competent +Authority : The Ministry or Local Authority, as the case may be. +Donations : Whatever is collected from funds of whatever kind, in cash or in +kind, movable or fixed, including national currency, foreign +currencies, bonds, sukuk and stocks, and whatever their form, +including electronic or digital, in order to be disbursed on charitable +or humanitarian services or assistance. +Fundraising : Fundraising by any means in accordance with the provisions of this +law hereof. +Licensed +parties : Charitable societies, federal, local and non -governmental +organisations and institutions whose establishment laws, decrees, or +decisions allow them to collect, receive and provide donations. +Permit : Written or electronic consent to collect and present donations in +accordance with the provisions of this Law hereof. +Authorized +Entities : Legal persons to whom the competent authority grants the permit in +accordance with the provisions of this law hereof. +Federal Law No. 3 of 2021 on Regarding the organization of donations 3 + The +Charitable +Association : A not -for-profit entity declared or licensed in the state working to +collect or receive donations with the aim of providing material or +in-kind assistance. +Beneficiary : Any natural or legal person to whom donations and aid are +provided, inside or outside the country. +Classification +Certificat e : A certificate issued by the competent authority according to which +the charitable or humanitarian status is granted to +non -governmental organisations, organisations and institutions of +public benefit according to a set of regulations and conditions. + Money +Transfers : Banking operations for the transfer of donated funds inside or +outside the country. + +" +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (2) +Scope of Application +The provisions of this law shall apply to any party wishing to collect or provide donations in +the country, including free zones. + +" +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (3) +Objectives of the Law +This law aims to regulate donations and protect donors funds. + +" +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (4) +Efficiency Measurement and Evaluation System +The Ministry, in coordination with the Local Authorities, shall establish a special system for measuring the efficiency and evaluation of the licensed parties and the parties authorised to +collect and present donations. + + + +Federal Law No. 3 of 2021 on Regarding the organization of donations 4 + " +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (5) +Administrative and operational expenses +Percentages may be deducted from donations that are collected in accordance with the +provisions of this law and its implementing regulations as administrative and operational +expenditures. The executive regulations of this law determine the proportions of +administrative and operational expenditures and the regulations of implementing this +article. + +" +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (6) +Permit +1. It is prohibited for a natural person to collect donations. +2. With the exception of the authorised entities, it is not permissible for any organisation to +establish, organise, or perform any act with the aim of collecting donations except after obtaining a permit to do so from the Competent Authority. + +" +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (7) +Conditions to issue Permits +With the exception of the authorised entities, the following conditions are required to grant +a permit: +1. That the permit applicant be a legal person. +2. Fundraising shall be don through a charity. +3. To state in the permit application the following: +a. The purpose of fundraising. +b. The names and identities of those in charge of the fundraising process. +c. Beneficiary or Beneficiaries. +d. The means by which the donations will be raised. +e. The locations where the donations will be raised. +f. Duration of fundraising. +g. The period for submitting donations to the beneficiary or beneficiaries. +Federal Law No. 3 of 2021 on Regarding the organization of donations 5 + h. Provide evidence of the charity's approval to fundraising. +i. Percentage of administrative and operating expenses that will be deducted for the +charity in charge of fundraising. +4. Any terms or other data specified by the Executive Regulation of this Law. + +" +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (8) +Permit Granting Procedures +The permit application is submitted to the Competent Authority according to the form +prepared with it. The Executive Regulation of this Law shall determine the procedures +necessary for its submission and the regulations of implementing this Article. + +" +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (9) +Study the permit application and its issuance +The Competent Authority shall study the permit application and issues a decision approving +or rejecting it within (20) twenty working days from the date of its submission, fulfilling all +the requirements for obtaining it, and the lapse of this period without a response is +considered a rejection of the application. + +" +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (10) +Number of permits +It is not permissible to grant any party more than four permits during one year, except by a decision of the head of the Competent Authority. + +" +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (11) +Donation log +The local entity is obligated to keep an electronic record of donations, and the Executive Regulations of this law determine the period of keeping it and the data to be included in it. + + +Federal Law No. 3 of 2021 on Regarding the organization of donations 6 + " +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (12) +Means of collecting and making donations +The Executive Regulations of this law shall specify the means for collecting and making +donations. + +" +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (13) +Collecting or receiving donations from outside the country +1. It is not permissible for the licensed and authorised entities to collect or receive donations or accept gifts, bequests, or aids from any person or entity from outside the +country except in accordance with the regulations and procedures specified by the +executive regulations of this law. +2. The authorised and permitted entities shall provide the Competent Authority with a +detailed report on the donations, gifts, bequests, or subsidies that have been collected or received from outside the state, in accordance with the regulations and procedures +specified by the Executive Regulations of this law. +3. Subject to article (25) and Clause No. (2) of this Article, the local authorities must provide the Ministry with reports of collecting or receiving donations from outside the +country within a period of (15) business days from the date of their submission to them. + +" +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (14) +Delivery of donations outside the country +It is not permissible to deliver, provide or transfer donations to any person or entity outside +the state, except in accordance with the controls and procedures specified by the executive +regulations of this law, provided that they include the regulations, procedures and means of +proving the delivery of donations to the beneficiaries or disbursing it for the purposes specified Hereto. + + + +Federal Law No. 3 of 2021 on Regarding the organization of donations 7 + " +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (15) +Bank transfers outside the country from donation accounts +Banks and financial institutions in the state are not permitted to conduct any financial +transfers outside the country through bank accounts for donations except in accordance +with the regulations and procedures specified by the concerned authorities in the state. + +" +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (16) +Classification Certificate +It is not permissible for any party to call itself a ""charitable or humanitarian"" association, organisation, or institution, or to use or deal under this name in any way except under the +classification certificate, with the exception of those whose laws, decrees, or decisions of +their establishment stipulate these Labels. + +" +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (17) +Open a fundraising current account +1. The authorised entities must open a current account or more with any of the national banks operating in the country, to collect donations, and they must notify the Competent +Authority of the bank name and account number within (10) ten working days from the +date of opening the account. +2. Charities shall open independent current accounts through which the sums resulting from fundraising permits are deposited, and they shall provide the competent authority with the data and details of these accounts within (10) ten working days from the date of +their opening. +3. It is prohibited for the authorised entities to deposit in the accounts referred to in Clauses +(1) and (2) of this Article any funds other than funds obtained from fundraising, and they +shall provide the Competent Authority with a periodic financial statement on that +account and any data, information or documents required to be provided of which. +4. Banks and financial institutions may not open any accounts to collect or receive donations for any party except with a letter from the head of the competent authority or +Federal Law No. 3 of 2021 on Regarding the organization of donations 8 + whomever he authorises. + +" +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (18) +Dealing with bank accounts which contain violating donations +The Executive Regulations of this law specify the rules and regulations for disposing and +closing bank accounts in which donations collected in contravention of the provisions of +this law or the resolutions issued in implementation thereof are deposited, and the +mechanism for dealing with these donations. + +" +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (19) +Changing the recipient or the purpose of the donation, if necessary +1. Authorised parties shall provide the proceeds of donations to the beneficiaries or +disburse them on the purposes specified in the permit. +2. In the event that it is not possible to make donations to the beneficiaries or to disburse them on the purposes specified in the permit application, the head of the competent +authority shall specify the beneficiaries or other purposes. + +" +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (20) +Prohibitions +The licensed and authorised entities are prohibited from the following: +1. Trading in donated funds, entering into financial speculation, or distributing any +revenues or returns to its members or employees. +2. Committing any act while collecting, accepting or providing donations that harms public +order, national security, or public morals, or encourages any sectarian, ethnic, racial, +religious, or cultural disputes, or any unlawful purpose in accordance with applicable +legislation In the state. + + + +Federal Law No. 3 of 2021 on Regarding the organization of donations 9 + " +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (21) +Accounting records to organise donations +Licensed parties and authorised entities are obligated to keep regular electronic accounting +records related to donations, and the Executive Regulations of this law determine the period +for keeping these records, and the data to be included therein. + +" +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (22) +Licensed Parties Obligations +1. The authorised entities shall provide the Competent Authority with the following: +a. Periodic reports on the donations that it collects, stating the amount of funds that +have been collected, the methods of their disbursement, and any other regulations or +data specified by the Executive Regulations of this law. +b. Reports and periodic statements of the names and data of those in charge of fundraising. +c. Periodic reports on the beneficiaries. +2. Maintaining final accounts or audited financial statements in accordance with the +legislation in force in the country, which clarify the amount of donations collected and +the ways and means of their disbursement. + +" +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (23) +The commitment of the authorised authorities to provide the competent +authority with the necessary reports +1. The authorised authorities are obligated to provide the Competent Authority with the +following: +a. A report on the outcome of the donations collected, within a period not exceeding (15) fifteen days from the date of receiving the donations. The Competent Authority +may request approval of the report from a company or auditing office registered in +the records of the auditors. +b. A report on the beneficiaries, within a period not exceeding (15) fifteen days from +Federal Law No. 3 of 2021 on Regarding the organization of donations 10 + the date on which the donations were made. +c. Periodic reports on projects, their completion rates and payments, in case the +purpose of fundraising is to implement charitable or humanitarian projects. +d. A report on the final accounts or audited financial statements that show the amount +of donations collected and the ways and means of their disbursement, within a +period not exceeding (30) days from the date of the expiration of the permit, and the +competent authority may request approval of the report from a company or auditing office registered in the records of the auditors. +2. Providing donations to the beneficiaries during the time period specified in the permit application, and the competent authority may extend this period if there is a justification, +therefore. +3. Any reports or other data specified by the Executive Regulation of this Law. + +" +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (24) +Obligations of charitable societies +Charitable societies shall be committed to: +1. Permits conditions and regulations. +2. Maintain organised electronic records to record permits donations. +3. Provide the authorised parties with periodic reports on the fundraising process. +4. The authorised parties shall deliver the proceeds of collecting donations within a period +not exceeding (30) days from the date of the expiration of the permit. +5. Any other commitments specified by the executive regulation of this Law. + +" +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (25) +The unified electronic record +1. A unified electronic record shall be established at the Ministry in which all data and +information related to donors, the proceeds of collecting donations, disbursements, +beneficiaries, and other data and information specified by the Executive Regulations of +this law are recorded. +2. Local authorities, licensees and authorised entities shall record data and information on +Federal Law No. 3 of 2021 on Regarding the organization of donations 11 + donations in this record in accordance with the regulations and procedures specified by +the executive regulations of this law. + +" +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (26) +In-kind donations of food or pharmaceutical +1. It is prohibited for the licensed parties and the authorised entities to accept, transfer, +save or make in -kind donations of food or medicine to be presented inside the country in +violation of the specifications determined in the legislation in force in the country. +2. It is not permissible for the licensed and authorised entities to accept any in- kind food or +medicinal donations for distribution outside the country except in accordance with the +following conditions: +a. Ensure its validity for use for a period of no less than (6) six months from the date of +receipt. +b. That these materials are collected, transported and distributed in an appropriate +manner to ensure their suitability, safety, and usability or consumption. +c. That it has the appropriate storage places in accordance with the regulations and requirements specified in the legislation in force in the country. + +" +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (27) +Converting in- kind donations into cash +In-kind donations may be converted into cash whenever necessary after obtaining the +approval of the Competent Authority, and the Competent Authority shall supervise the transfer process, in accordance with the regulations and procedures specified by the +Executive Regulations of this law. + +" +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (28) +Special systems for obtaining information +Licensed parties and authorised entities are obligated to set up systems that guarantee the access to data and information on donors and beneficiaries, in accordance with what is +Federal Law No. 3 of 2021 on Regarding the organization of donations 12 + specified by the Executive Regulations of this law. + + " +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (29) +Supervision and control +1. The licensed and aut horised entities are subject to the supervision and control of the +Competent Authority in terms of financial and administrative aspects of donations, +without prejudice to the powers of other governmental supervisory bodies. +2. The authorised and permitted entities shall provide the Competent Authority with any +data, information or documents that it is required to provide. + +" +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (30) +Permit Suspension +The Competent Authority s hall suspend the fundraising permit in the event that the +charitable association or the authorised entity violates the conditions and regulations of the permit, and the Executive Regulations of this law specify the regulations and procedures for +implementing this article. + +" +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (31) +Advertising and fundraising work +It is not permissible for the authorised parties to publish or broadcast publicity or advertising +to fundraising without obtaining the approval of the Competent Authority. + +" +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (32) +Permit Expiry +Fundraising permit expires in the following cases: +1. Its term expires. +2. Cessation of the cause for which it was issued. +3. Lapse of the legal personality of the authorised entity or the charitable association involved in the fundraising process. +Federal Law No. 3 of 2021 on Regarding the organization of donations 13 + 4. Any cases specified by the executive regulation of this Law. +The Executive Regulation of this Law shall determine the regulations of implementing this +Article. + +" +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (33) +Administrative Penalties +The Cabinet, based on the minister proposal, shall issue a decision determining the acts that +violate the provisions of this law and its Executive Regulations, the decisions issued for its +implementation, and the administrative penalties imposed by the competent authority on +them. + +" +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (34) +Grievance +A grievance may be made against any of the decisions issued by the Competent Authority in implementation of the provisions of this law within a period not exceeding (15) fifteen +working days from the date of its implementation, before a committee formed for this +purpose by a decision of the head of the competent authority, and the committee shall +decide on the grievance within (15) Fifteen working days from the date on which the +grievance was filed to it, and the decision issued regarding the grievance shall be final, and the complainant shall be notified thereof. + +" +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (35) +Penalties +The application of the penalties stipulated in this Law shall not prejudice any more severe penalty provided by any other law. + +" +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (36) +1. Whoever violates the provisions of Clause (1) of article (20) of this law shall be punished with imprisonment and a fine not less than (200,000) two hundred thousand dirhams +Federal Law No. 3 of 2021 on Regarding the organization of donations 14 + and not exceeding (500,000) five hundred thousand dirhams, or one of these two +penalties, and the penalty is doubled in the event of recurrence. +2. Whoever violates any of the provisions of Articles (6, 12, 14, 17, 21, 26, and 31) or uses the donation funds for purposes other than those for which they were accepted or collected, shall be punished with imprisonment and a fine not less than (150,000) one +hundred fifty thousand dirhams and not exceeding (300,000) three hundred thousand +Dirhams, or one of these two penalties and the penalty is doubled in the event of recurrence. +3. Whoever violates the provisions of article (16) of this Law shall be liable to a fine not exceeding (100,000) one hundred thousand Dirhams. +4. In all cases, the court shall order the confiscation of the donations collected in violation of the provisions of this law, and the deportation of the foreigner after carrying out the +sentence imposed on him. + +" +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (37) +Punishment of the person responsible for the actual management of the +licensed or authorised entity +The person responsible for the actual management of the licensed party or the authorised entity shall be punished with the same penalty prescribed for the acts committed in +violation of the provisions of this law when it is proven that he was aware of them or if his breach of the related duties imposed on him by that administration contributed to the +occurrence of the crime. + +" +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (38) +Judicial Police +The employees of the Competent Authority designated by a resolution of the Minister of +Justice, in agreement with the Minister or the chairman of the Concerned Authority, shall +have the capacity of judicial officers for proving all violations, within their jurisdiction, of the +provisions of this Law, its Executive Regulation and the decisions issued in the +Federal Law No. 3 of 2021 on Regarding the organization of donations 15 + implementation thereof. + +" +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (39) +Adaptation +Everyone who carries out an activity to collect, receive or provide donations must adjust his +situation in accordance with the provisions of this law and its executive regulations, starting +from the date on which it comes into force. + +" +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (40) +Executive Regulation +The Cabinet shall issue the Executive Regulation of this Law upon a proposal from the Minister within six months from the date of its publication. + +" +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (41) +Organisational Resolutions +The Minister shall issue the Organisational Resolutions necessary to apply the provisions of +this Law and its executive regulations.. + +" +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (42) +Violator Repeal +Any provision that contradicts or opposes the provisions of this Law shall be repealed. + +" +family and community,Federal Law No. (3) of 2021 regarding the Organization of Donations,"Article (43) +Law Publication and Enforcement +This Law shall be published in the Official Gazette and shall come into force after six months from the date of its publication. + + +Federal Law No. 3 of 2021 on Regarding the organization of donations 16 + Khalifah Bin Zayed Al Nahyn +UAE President + +Issued by us at the Palace of the Presidency in Abu Dhabi: +On: Shaaban 28, 1442 H +Corresponding to: April 11, 2021 + + " +family and community,Federal Law No (19) of 2022 on the Rights of Senior Emiratis,"Article (1) +Definitions +For the purpose of applying the provisions of this Law, the following words and expressions +shall have the meanings assigned thereto respectively, unless the context requires +otherwise: +Federal Law No. (9) of 2019 on the Rights of Senior Emiratis 3 + + State : The United Arab Emirates. +Ministry : The Ministry of Community Development. +Minister : The Minister of Community Development. +Competent +Authority : Any citizen of the State who reaches the age of sixty, whether one or more individuals. +Senior Emiratis : Any citizen of the State who reaches the age of sixty, whether one or more individuals. +Senior Emirati +who is +Unable to +Take Care of +Himself : +Any Senior Emirati who is unable to fully or partially secure his own +livelihoods, including basic needs of li fe, like a fit person, due to his age +or the lack of his financial, physical, mental or psychological capabilities. +Senior +Emiratis' +Family : Any person having a criminal accountability and is a wife, husband, son, +daughter, brother or sister of Senior Emiratis, subject to the absence of a +son/daughter who is able to take care of the Senior Citizen. +Caregiver : A person who is able to take care of a Senior Emirati who is Unable to +Take Care of Himself, whose name is recorded at the Ministry or the Competent Authority, or otherwise a person appointed by the court. + +Service +Provider : Any person who provides a direct service, whether paid or unp aid, to any +Senior Emirati who is Unable to Take Care of Himself. + +Violence : A verbal abuse or deliberate use of force against Senior Emiratis. + +Federal Law No. (9) of 2019 on the Rights of Senior Emiratis 4 + + Abuse : Any form of degrading treatment of Senior Emiratis, such as +discrimination, abandonment, negligence, exploitation, blackmail or +psychological abuse, as defined by the Executive Regulations of this Law. + +Senior +Emiratis' +Establishment : A government or private establishment licensed for caring for or +accommodati ng Senior Emiratis and providing necessary services +thereto. + +Alternative +Family : A family entrusted to take care of a Senior Emirati who is Unable to Take +Care of Himself and manage his own affairs where necessary, other than +his family. +Relevant Bodi es : Non -governmental associations and organizations of public welfare and +the private sector's establishments in charge of Senior Emiratis. + +" +family and community,Federal Law No (19) of 2022 on the Rights of Senior Emiratis,"Article (2) +Objectives of the Law +This Law aims at: +1. Ensuring that Senior Emiratis enjoy their fundamental rights and freedoms guaranteed +by the Constitution and the legislation in force. +2. Ensuring that Senior Emiratis access to all information and services related to their rights. +3. Enabling Senior E miratis to actively participate in society and contribute to developing, +designing and implementing the policies related thereto. +4. Providing care and psychological, social and health stability for Senior Emiratis, as well +as providing all forms of necessary assistance thereto. +5. Supporting the Senior Emiratis to permanently live within their families and that their +family and social relationships continue to exist. +6. Enhancing the standing of Senior Emiratis in society and appreciating their social role. + +Federal Law No. (9) of 2019 on the Rights of Senior Emiratis 5 + + " +family and community,Federal Law No (19) of 2022 on the Rights of Senior Emiratis,"Article (3) +Obligations of the Ministry +The Ministry, in cooperation with the Competent Authority and Relevant Bodies, shall: +1. Develop the general plan for implementing policies necessary for improving, developing +and caring for Senior Emiratis. +2. Enhance cooperation with regional and international organizations with regard to Senior Emiratis. +3. Draw up an annual national report on efforts exerted for Senior Emiratis. +4. Create a database of Senior Emiratis and their Caregivers, violations committed agai nst +Senior Emiratis, preferential services provided thereto and advanced research and +studies related thereto. +5. Provide appropriate methods to quickly receive and process complaints of Senior +Emiratis. +6. Provide appropriate rehabilitation preceding the Senior Emiratis life phase. +7. Establish public Senior Emiratis' Establishments, supervise all Senior Emiratis' Establishments, and have private establishments of such a type licensed or approved to +be licensed. + +" +family and community,Federal Law No (19) of 2022 on the Rights of Senior Emiratis,"Article (4) +The Right to Independenc e and Privacy +The Ministry and the Competent Authority shall, in coordination with Relevant Bodies and +according to the legislation in force in the State, take measures and procedures necessary to +enable Senior Emiratis to: +1. Manage their own life affairs with full independence and make their own decisions, +including their property, financial affairs, place of residence and matters related to their +health and preventative care. +2. Respect their privacy and effective communica tion with others. +2. + +Federal Law No. (9) of 2019 on the Rights of Senior Emiratis 6 + + " +family and community,Federal Law No (19) of 2022 on the Rights of Senior Emiratis,"Article (5) +The Right to Protection +The Ministry and the Competent Authority, in coordination with Relevant Bodies, shall: +1. Take all measures and procedures necessary for ensuring the protection of Senior +Emiratis from exposure to Violence or abuse. +2. Take immediate protection procedures to prevent violence or abuse. +3. Provide appropriate assistance to Senior Emiratis who have been exposed to any form of +Violence or abuse, as defined by the Executive Regulations of this Law. + + +" +family and community,Federal Law No (19) of 2022 on the Rights of Senior Emiratis,"Article (6) +The Right to Enabling Environment, House, Education and Employment +The Ministry and the Competent Authority shall, in coordination with Relevant Bodies and +according to the legislation in force in the State, take measures and procedures necessary for +enabling Senior Emiratis to: +1. Access to all services through an enabling and safe e nvironment. +2. Obtain an accommodation suitable for their conditions and needs. +3. Engage in the continuing and elderly education programs and volunteering suitable for +their interests and capabilities. +4. Obtain proper employment, recruitment or training opportunities. +5. Enhance mechanisms of taking advantage of their capabilities and integrate them into +society of all age groups. +6. Provide to them appropriate means of transportation. + +" +family and community,Federal Law No (19) of 2022 on the Rights of Senior Emiratis,"Article (7) +Social Services +The Ministry and the Competent Authority shall, in coordination with Relevant Bodies, +provide social services to Senior Emiratis, particularly the following: +1. Senior Emiratis' Establishments. +Federal Law No. (9) of 2019 on the Rights of Senior Emiratis 7 + + 2. Clubs and community centers. +3. Mobile service and care units. + + +" +family and community,Federal Law No (19) of 2022 on the Rights of Senior Emiratis,"Article (8) +Health Care +1. Health institutions shall ensure preventative and health care for Senior Emiratis +according to the legislation in force in the State. +2. The Ministry and the Competent Authority shall coordinate and follow up with health authorities to provide preventative and health services for Senior Emiratis to be easily +accessed by various methods. +3. Necessary measures shall be taken to save li ves of Senior Emiratis and preserve their +health in circumstances where their approval is impossible to be obtained. +4. The Ministry shall, in coordination with relevant federal and local government +authorities, provide health insurance to Senior Emirati s, including nursing home care +and necessary assistive devices. +5. The Ministry and the Competent Authority shall qualify sitters for Senior Emiratis through training them on methods and skills of dealing with Senior Emiratis to ensure +safeguarding their capabilities and health. + +" +family and community,Federal Law No (19) of 2022 on the Rights of Senior Emiratis,"Article (9) +Confidentiality of Information +Information and details related to Senior Emiratis shall be strictly confidential and may be +accessed only according to the legislation in force in the State. + +" +family and community,Federal Law No (19) of 2022 on the Rights of Senior Emiratis,"Article (10) +Preferential Treatment +1. The Ministry and the Competent Authority shall, in coordination with relevant federal +and local government authorities, give preference and priority to the interest of Senior +Emiratis, whatever the interests of other parties may be, particularly the following: +Federal Law No. (9) of 2019 on the Rights of Senior Emiratis 8 + + a. Urgency for maintenance expenses lawsuits. +b. Applications for housing. +c. Speedy processing of transactions and services of Senior Emiratis. +d. Obtaining social aids and benefits. +e. Benefitting from means of transportation and parking. +f. Relief, ambulance and emergency. +g. Participating in social and cultural activities and events. +h. Health services. +i. Gardens, parks and public places. +j. Any other matters defined by the Executive Regulations of this Law. +2. The Cabinet or local governments may issue a decision exempting or reducing fees of +administrative services provided by federal and local government bodies to Senior +Emiratis. The aforesaid decision shall define the controls of exemption or reduction. + +" +family and community,Federal Law No (19) of 2022 on the Rights of Senior Emiratis,"Article (11) +No Prejudice to More Favorable Rights and Protections +The application of the provisions of this Law shall not prejudice any more favorable rights or +protections granted to Senior Emiratis, in accordance with the legislation in force in the +State. +" +family and community,Federal Law No (19) of 2022 on the Rights of Senior Emiratis,"Article (12) +Proof of Age Document +Senior Emiratis shall enjoy the rights and benefits prescribed in this Law and resolutions to be issued in +implementation hereof, by virtue of any official document that proves the age. + + +" +family and community,Federal Law No (19) of 2022 on the Rights of Senior Emiratis,"Article (13) +Reporting Violence or Abuse +1. Any person, who is aware of an act of violence or an abuse against Senior Emiratis, shall +promptly report the same to the Ministry, the Competent Authority or the nearest police +Federal Law No. (9) of 2019 on the Rights of Senior Emiratis 9 + + station. +2. The reporting person's identity may not be disclosed without his / her consent. The +identity of all parties to the incident may not be disclosed in reports or lawsuits involving +violence or abuse against Senior Emiratis. + +" +family and community,Federal Law No (19) of 2022 on the Rights of Senior Emiratis,"Article (14) +Obligations of Senior Emiratis' Families +Subject to the provisions of Federal Law No. (28) of 2005, referred to hereinabove, Senior +Emiratis' families, as further detailed by the Executive Regulations of this Law, shall: +1. Take care of the Senior Citizen, particularly a Senior Emirati who is Unable to Take Care +of Himself . +2. Provide expenses necessary for covering his needs. +3. Cooperate with Senior Emiratis' Establishments. +4. Take measures deemed necessary for protecting him from Violence or Abuse, as well as +providing general safety requirements at the house where he resides. +5. Promptly notify the Ministry, the Competent Authority or the nearest police station in +case of th e Senior Citizen's death or the absence of the Senior Emirati who is Unable to +Take Care of Himself from home. +6. Notify the Ministry or the Competent Authority in case the place of residence of a Senior Emirati who is Unable to Take Care of Himself is c hanged. + +" +family and community,Federal Law No (19) of 2022 on the Rights of Senior Emiratis,"Article (15) +Alternative Family +1. Subject to prior approval of the Ministry or the Competent Authority, an Alternative Family may take care of a Senior Emirati who is Unable to Take Care of Himself if he has no Family taking care of him, or in case his Family is unable or ineligible to provide such +a care. +2. In order to take care of Senior Emiratis, an Alternative Family shall be required to: +3. Be a UAE family, unless the Ministry decides otherwise. +Federal Law No. (9) of 2019 on the Rights of Senior Emiratis 10 + + 4. Provide him a room that secures his privacy. +5. Be able to take care of him and provide his needs. +6. Be located within an environment similar to his social environment as much as possible. +7. Enable his friends and relatives to visit him and to verify his wellbeing. +8. Have a positive social culture and familiarity with the best way to deal with him. +9. Undertake the same obligations set forth in Items (3), (4), (5) and (6) of the preceding +Article. +10. Undertake to not deliver Senior Emiratis under their care to an y other Family, even if for +a temporary period, or abandon the same without the approval of the Ministry or the +Competent Authority. +11. Any other conditions or controls set by the Ministry and the Competent Authority. + +" +family and community,Federal Law No (19) of 2022 on the Rights of Senior Emiratis,"Article (16) +Services of Senior Emiratis' Establishments +1. Senior Emiratis shall be entitled to access the services of Senior Emiratis' Establishments +free of charge, in accordance with the controls defined by the Executive Regulations of +this Law. +2. Relevant Bod ies may establish Senior Emiratis' Establishments according to the +conditions and specifications defined by the Ministry and the Competent Authority, based on a license from the Ministry or the Competent Authority, following the +Ministry's approval. + +" +family and community,Federal Law No (19) of 2022 on the Rights of Senior Emiratis,"Article (17) +Standards and Facilities +The Executive Regulations of this Law shall define the following: +1. UAE Code of Enabling Environment for Senior Emiratis' needs. +2. Employment facilities and benefits granted to Caregiver to enable the same to properly +perform care duties. +Federal Law No. (9) of 2019 on the Rights of Senior Emiratis 11 + + " +family and community,Federal Law No (19) of 2022 on the Rights of Senior Emiratis,"Article (18) +Obligations of Federal and Local Government Authorities +All federal and local government authorities shall safeguard Senior Emiratis' r ights in the +course of performing their respective functions, provide all facilities necessary for them +through an enabling and safe environment, and provide the Ministry with necessary actions +taken in this respect. + +" +family and community,Federal Law No (19) of 2022 on the Rights of Senior Emiratis,"Article (19) +Administrative Penalties +Without prejudice to the legally -prescribed administrative penalties, the Ministry or the +Competent Authority may impose any of the following penalties on violating Senior +Emiratis' Establishments: +1. Written notification. +2. Written warning. +3. Temporary suspension of license for a period not exceeding six months. +4. License revocation. + +" +family and community,Federal Law No (19) of 2022 on the Rights of Senior Emiratis,"Article (20) +Senior Emiratis' Protection Units +Senior Emiratis' protection units shall be established at both the Ministry and the Competent +Authority. The Ex ecutive Regulations of this Law shall define: +1. Functions of such units and the mechanism of their operation. +2. Conditions to be fulfilled by the staff of such units. + +" +family and community,Federal Law No (19) of 2022 on the Rights of Senior Emiratis,"Article (21) +Penalties +The application of the penalties set forth herein shall not prejudice to any severer penalty set +Federal Law No. (9) of 2019 on the Rights of Senior Emiratis 12 + + forth in any other law. + +" +family and community,Federal Law No (19) of 2022 on the Rights of Senior Emiratis,"Article (22) +Any person who establishes, operates or manages a Senior Emiratis' Establishment in +violation of the provisions of this Law, shall be sentenced to imprisonment and/or a fine not +less than (AED 100,000) one hundred thousand dirhams and not more than (AED +1,000,000) one million dirhams. + +" +family and community,Federal Law No (19) of 2022 on the Rights of Senior Emiratis,"Article (23) +Any person who provides a service to a Senior Emirati who is Unable to Take Care of Himself, or who +takes care of the same and commits a violence or an abuse against the Senior Citizen, shall be sentenced +to imprisonment and/or a fine not less than (AED 10 ,000) ten thousand dirhams and not more than (AED +50,000) fifty thousand dirhams. + +" +family and community,Federal Law No (19) of 2022 on the Rights of Senior Emiratis,"Article (24) +Any person who commits an act of violence or abuse against a Senior Emirati who is Unable +to Take Care of Himself, other than the one mentioned in the precedin g Article, shall be +sentenced to imprisonment for a period not exceeding two years and/or a fine not less than (AED 10,000) ten thousand dirhams and not more than (AED 50,000) fifty thousand dirhams. + +" +family and community,Federal Law No (19) of 2022 on the Rights of Senior Emiratis,"Article (25) +The below persons shall be sentenced to i mprisonment for a period not exceeding one year +and/or a fine not less than (AED 10,000) ten thousand dirhams and not more than (AED 50,000): +1. A person who becomes aware that any of the crimes referred to in the above two Articles +are committed and does not promptly report the same to the Ministry, the Competent Authority or the nearest police station. +2. A person who discloses the identity of a person who reports a crime against a Senior +Federal Law No. (9) of 2019 on the Rights of Senior Emiratis 13 + + Emirati who is Unable t o Take Care of Himself without the reporter's consent, or +discloses the identity of parties to incidents related to such crimes. + +" +family and community,Federal Law No (19) of 2022 on the Rights of Senior Emiratis,"Article (26) +Recidivism +The penalties set forth in this Law shall be doubled in case of recidivism. + +" +family and community,Federal Law No (19) of 2022 on the Rights of Senior Emiratis,"Article (27) +Reconciliation +A criminal action shall lapse in respect of the crimes, under consideration in this Law, by way +of reconciliation before a final judgment is rendered thereon. In order to complete the reconciliation, the acceptance of both the victim and the Ministry or the Competent +Authority shall be required. +The Executive Regulations of this Law shall define the conditions and controls of +reconciliation. + +" +family and community,Federal Law No (19) of 2022 on the Rights of Senior Emiratis,"Article (28) +Judicial Officers +Employees designated by a resolution of the Minister of Justice, in a greement with the +Minister or the head of the Competent Authority, shall have the capacity of judicial officers +to process the violations committed in breach of this Law and resolutions issued in +implementation hereof, within the area of competence of each of them. + +" +family and community,Federal Law No (19) of 2022 on the Rights of Senior Emiratis,"Article (29) +Issuance of the Executive Regulations +The Cabinet shall issue the Executive Regulations of this Law, based on a proposal from the Minister, within six months from the date of its publication. + +Federal Law No. (9) of 2019 on the Rights of Senior Emiratis 14 + + " +family and community,Federal Law No (19) of 2022 on the Rights of Senior Emiratis,"Article (30) +Abrogation of Contradictory or Conflicting Provisions +Any provisions contradicting or are in conflict with this Law shall be abrogated. + +" +family and community,Federal Law No (19) of 2022 on the Rights of Senior Emiratis,"Article (31) +Publication and Entry into Force +This Law shall be published in the Official Gazette, and shall enter into force six months +following the date of its publication. + + + +Khalifa h bin Zayed Al Nahyan +President of the United Arab Emirates + +Issued by us at the Presidential Palace in Abu Dhabi +Dated: 22nd Rabi' Al -Thani 1441 AH, +Corresponding to: 19th December 2019 AD + + " +family and community,Cabinet Resolution No. (70) of 2020 Concerning the Executive Regulations of Federal Law No. (13) of 2018 Concerning Volunteer Work,"Article (1) +Definitions +For applying the provisions hereof, the following terms and expressions shall bear the +meanings ascribed thereto respectively , unless otherwise required by the context: +UAE : United Arab Emirates +Ministry : Ministry of Community Development +Minister : Minist er of Community Development +Competent Authority : The local authority vested with the competence of +regulating the voluntary work +Head : The Head of the Competent Authority +Law : Federal Law No. (13) of 2018 Concerning Volunteer +Work +Volunteer Work : Any individual or collective activity carried out with +the intention to achieve a benefit for others in return +for no financial or job compensation Cabinet Resolution of 2020 Concerning the Executive Regulations of Federal Law of 2018 Concerning +Volunteer Work 2 + Volunteer : Every registered natural or legal person that carries +out voluntary work without in return for no financial +or job compensation +Volunteer Team : A group of registered natural or legal persons forming +one team to perform voluntary work in return for no +financial or job compensation +Volunteer +Opportunities : Voluntary programs with specific objectives and +outcomes +Natural -Person +Volunteer : Every society member who engages in voluntary +work of his/ her fre e will in return for no financial or +job compensation +Legal -Person Volunteer : Every government or private institution, association, +or public benefit organization that is registered or +licensed in the UAE and carries out voluntary work +through human, financial, or in -kind resources +thereof +Visitor Volunteer : Everyone who enters the UAE’s territory under a +visitor’s or tourist’s visa and desires to carry out +voluntary work of his/ her own free will in return for +no financial or job compensation +Volunteer Work Charter : A document that sets out the values, rules, rights, +duties and guidelines for volunteers and Volunteer +Teams +Register : An interactive website created by the Ministry and +connecting the Ministry, the competent authority, +and the entities organizing voluntary work together. +The website includes a database of individual +volunteers, Volunteer Teams, entities organizing +voluntary work, and volunteering opportunities. This Cabinet Resolution of 2020 Concerning the Executive Regulations of Federal Law of 2018 Concerning +Volunteer Work 3 + Register is known as ""the National Volunteer ing +Platform"" + +" +family and community,Cabinet Resolution No. (70) of 2020 Concerning the Executive Regulations of Federal Law No. (13) of 2018 Concerning Volunteer Work,"Article (2) +Controls for Carrying out Voluntary Work +Upon carrying out voluntary work, the following controls shall be observed : +1. The voluntary work shall achieve community benefit; +2. The voluntary work may not compromise society security and safety; +3. The voluntary work may not cause harm to others, environment, properties or +privacy rights; +4. The voluntary work may not conflict with legislation, customs, and public order of +the UAE; +5. The voluntary work shall be licensed by the Ministr y or the competent authority ; +6. The voluntary work shall avoid conflict of interests or achievement of personal +benefits; +7. The voluntary work shall avoid display, presentation, promotion or advertising of +any good or service during performance of the voluntar y work; +8. The voluntary work shall respect policies, statutes, and by -laws of the entity +organizing voluntary work, protect properties thereof, and comply with the tasks +and objectives of the voluntary work; and +9. The voluntary work shall maintain confidential ity of information and data +accessed during carrying out the voluntary work. + +" +family and community,Cabinet Resolution No. (70) of 2020 Concerning the Executive Regulations of Federal Law No. (13) of 2018 Concerning Volunteer Work,"Article (3) +Registration of Voluntary Work +1. Either the Ministry or the competent authority shall register volunteers and +volunteering opportunities in their registers assigned for this purpose as follows: +a. Registration of Volunteers: Cabinet Resolution of 2020 Concerning the Executive Regulations of Federal Law of 2018 Concerning +Volunteer Work 4 + 1) Create a personal account on the National Volunteering Platform or on +any other platform belonging to the competent authority; +2) Satisfy all requirements stipulated for carrying out voluntary work; +3) Provide all required documents and exhibits; and +4) Accept the Voluntary Work Charter. +b. Registration of Volunteering op portunities : +1) Create an account in the name of the organizing entity on the National +Volunteering Platform or on any other platform belonging to the +competent authority; +2) Provide all required data, information, and documents and satisfy all +requirements and controls of volunteering opportunities ; and +3) Submit an application for registration of volunteering opportunities . +Registration of volunteering opportunity and presentation thereof on the National +Volunteering Platform or on any other platform belonging to the competent authority +shall be considered as a license of the same. +2. Through the National Volunteering Platform and in coordination with the entities +organizing voluntary work, the Ministry shall: +a. Document voluntary work and volunteer hours; +b. Market events and attract more volunteers; +c. Approve programs and activities for raising awareness and education of +society members and organizations and app rove everything pertaining to +the voluntary work; and +d. Evaluate and classify volunteers and Volunteer Team s in a manner +appropriate for voluntary work requirements. + +" +family and community,Cabinet Resolution No. (70) of 2020 Concerning the Executive Regulations of Federal Law No. (13) of 2018 Concerning Volunteer Work,"Article (4) +Requirements for Natural -Person Volunteer +Upon carrying out voluntary work, a volunteer of natural personality shall: +1. Satisfy all requirements provided for in the Law; +2. Accept the voluntary work charter; and Cabinet Resolution of 2020 Concerning the Executive Regulations of Federal Law of 2018 Concerning +Volunteer Work 5 + 3. In case of specialized volunteering, he/she shall have a license to practice the +profession for professions requiring so or requiring academic or experience +certificates . + +" +family and community,Cabinet Resolution No. (70) of 2020 Concerning the Executive Regulations of Federal Law No. (13) of 2018 Concerning Volunteer Work,"Article (5) +Requirements for Legal -Person Volunteer +Upon carrying out voluntary work, a volunteer of legal personality shall: +1. Be licensed by the entities concerned to work; and +2. Satisfy all requirements and controls for volunteering opportunities desired to +volunteer in respect of which. + +" +family and community,Cabinet Resolution No. (70) of 2020 Concerning the Executive Regulations of Federal Law No. (13) of 2018 Concerning Volunteer Work,"Article (6) +Requirements for Visitor Volunteer +Upon carrying out voluntary work, a Visitor Volunteer shall: +1. Satisfy all requirements for volunteers of natural or legal personalities provided for +in the Law and herein excluding requirement no. (1) of article (6) of th e Law; +2. Engage in voluntary activities in the fields approved by the Ministry or the +competent authority; +3. Duration of volunteering for the volunteering opportunity may not exceed the +duration of the visit to the UAE. + +" +family and community,Cabinet Resolution No. (70) of 2020 Concerning the Executive Regulations of Federal Law No. (13) of 2018 Concerning Volunteer Work,"Article (7) +Virtual Voluntary Work +In coordination with the Ministry or the competent authority, the entity organizing +voluntary work shall specify the requirements and controls to be satisfied and adhered +to by volunteers upon carrying out virtual voluntary work according to the nature of +volunteering opportunity. + + Cabinet Resolution of 2020 Concerning the Executive Regulations of Federal Law of 2018 Concerning +Volunteer Work 6 + " +family and community,Cabinet Resolution No. (70) of 2020 Concerning the Executive Regulations of Federal Law No. (13) of 2018 Concerning Volunteer Work,"Article (8) +Formation of Volunteer Team s +Following requirements shall be satisfied for the formation of Volunteer Team s: +1. Number of the team -founding members may not be less than (5) five members; +2. All founding members shall satisfy requirements for carrying out voluntary work +provided for in the Law and herein; +3. The team shall submit a written Bylaws and signed by all founding members; and +4. Volunteer Team members shall be governed by same provisions and controls +provided for in the Law and in the resolutions pertaining to volunteering made +thereunder, and other provisions and controls. +A legal person may form volunteer team in accordance with the provision s set forth +above, provided that founding members shall be from among employees working for +said legal person. Members who are not employees of the legal person may join the +team subject to prior approval of the Minister or the Head. + +" +family and community,Cabinet Resolution No. (70) of 2020 Concerning the Executive Regulations of Federal Law No. (13) of 2018 Concerning Volunteer Work,"Article (9) +Volunteer Team ’s Bylaws +Founding members shall meet in order to develop the Volunteer Team ’s Bylaws +provided that said Bylaws include the following data: +1. Team name and scope of work; provided that same be specified in coordination +with the Ministry and the competent authority; +2. Duration of team operation (fixed term/ non -fixed term); +3. Team objectives; +4. Team obligations in accordance with article (12) of the Law; +5. Requirements for membership, procedures of membership approval and removal, +and rights and duties of members; +6. Controls for approval of membership of persons under (18) years old and +procedures necessary for voluntary work; Cabinet Resolution of 2020 Concerning the Executive Regulations of Federal Law of 2018 Concerning +Volunteer Work 7 + 7. Method of and requirements for selection of the team leader and his/ her +functions; +8. Rules of amending the Bylaws ; +9. Financial resources of the team to the extent required for implementation of the +volunteering opportunity , methods of exploitation and disposition of said +resources, and methods of control over spending the same; and +10. Condition s and rules for dissolution of the team, and entity whereto the team +assets, if any, shall be transferred. +In coordination with the competent authority, the Ministry shall prepare a model form +for the Volunteer Team s' Bylaws . + +" +family and community,Cabinet Resolution No. (70) of 2020 Concerning the Executive Regulations of Federal Law No. (13) of 2018 Concerning Volunteer Work,"Article (10) +Team Leader + Founding members shall select a team leader from among themselves . Such a leader +shall be responsible before all entities concerned for providing follow -up on the team ’s +work. + +" +family and community,Cabinet Resolution No. (70) of 2020 Concerning the Executive Regulations of Federal Law No. (13) of 2018 Concerning Volunteer Work,"Article (11) +Licensing +Either the team leader or his/ her delegate shal l submit a license application to the +Ministry or to the competent authority using the form assigned for this purpose. The +application shall be accompanied by the following documents: +1. Team Bylaws signed by the founding members; +2. Copies of passports and ID Cards of the founding members; and +3. Signed list including founding members ' data and personal photos of each +member. +The Ministry and the competent authority shall prepare a register whereon license +applications shall be registered. + Cabinet Resolution of 2020 Concerning the Executive Regulations of Federal Law of 2018 Concerning +Volunteer Work 8 + " +family and community,Cabinet Resolution No. (70) of 2020 Concerning the Executive Regulations of Federal Law No. (13) of 2018 Concerning Volunteer Work,"Article (12) +Considerat ion of the License Application +Either the Ministry or the competent authority, as applicable, shall consider the +Volunteer Team license application, and shall make a decision within (30) thirty +business days either to approve or to reject the application, and the team shall be +notified of the same. Otherwise, the Ministry or the competent authority shall make +certain amendments to the tea m Bylaws as deemed appropriate. + +" +family and community,Cabinet Resolution No. (70) of 2020 Concerning the Executive Regulations of Federal Law No. (13) of 2018 Concerning Volunteer Work,"Article (13) +Grievance +A grievance against the licens e application rejection decision shall be filed either with +the Ministry or with the competent authority, as applicable, no later than (15) fifteen +days the date of being notified of the rejection decision. The grievance shall be decided +on within (15) fifteen business days from the date of filing the same. The decision +made by the Minister or the Head of the competent authority shall be final. Non - +response to the grievance within the same period shall be deemed a rejection of the +grievance. + +" +family and community,Cabinet Resolution No. (70) of 2020 Concerning the Executive Regulations of Federal Law No. (13) of 2018 Concerning Volunteer Work,"Article (14) +Unlicensed Volu nteer Team s +Any group or entity shall neither call itself a Volunteer Team nor carry out any of the +Volunteer Team s’ activities or voluntary work other than in accordance with the +provisions of the Law and of this Resolution. In case of violation, the penalties set forth +in the Law shall be imposed based on severity and nature of the violation. Same shall +apply without prejudice to the civil and criminal responsibilities. + + + + Cabinet Resolution of 2020 Concerning the Executive Regulations of Federal Law of 2018 Concerning +Volunteer Work 9 + " +family and community,Cabinet Resolution No. (70) of 2020 Concerning the Executive Regulations of Federal Law No. (13) of 2018 Concerning Volunteer Work,"Article (15) +Commitment to the Objectives +Volunteer Team s may not deviate from the objectives specified in the Bylaws thereof. +The team and the members thereof shall be prohibited from carry ing out any work in +violation of the Law or this Resolution. + +" +family and community,Cabinet Resolution No. (70) of 2020 Concerning the Executive Regulations of Federal Law No. (13) of 2018 Concerning Volunteer Work,"Article (16) +Supervision and Control +Volunteer Team s shall be supervised and controlled by the Ministry or the competent +authority, as applicable, and may organize training course s, and provide technical +advice and various kinds of sponsorship in a manner that would raise the level of +services, and achieving efficiency of Volunteer Team s' performance . + +" +family and community,Cabinet Resolution No. (70) of 2020 Concerning the Executive Regulations of Federal Law No. (13) of 2018 Concerning Volunteer Work,"Article (17) +Reports +Volunteer Team s shall submit to the Ministry or to the competent authority regular +quarterly reports on the activities and events carried out and organized thereby, and +on the financing resources, if any. The team shall have all volunteering opportunities +registered on the National Volunteering Platform or on any other platform of the +competent authority. + +" +family and community,Cabinet Resolution No. (70) of 2020 Concerning the Executive Regulations of Federal Law No. (13) of 2018 Concerning Volunteer Work,"Article (18) +Fundraising +1. Volunteers shall be prohibited from raising or accepting donations nor permitting +fundraising thereof or advertising the same through any means whatsoever; +2. Volunteer Team s may collect donations after approval of the Ministry through +requesting provision of financial or in -kind sponsorship to the extent necessary for +implementation of the volunteering opportunity under the follow ing +requirements and controls: Cabinet Resolution of 2020 Concerning the Executive Regulations of Federal Law of 2018 Concerning +Volunteer Work 10 + a. An application using the form prepared for this purpose shall be submitted +to the Ministry; +b. Kind and value of sponsorship required for implementation of the +volunteering opportunity shall be specified; +c. In case of approval of the application, the Ministry shall display the +volunteering opportunities on the platform to attract sponsorship thereto; +d. In case of availability of full sponsorship of the opportunities as stated in +the application, the Volunteer Team shall implement the opportunity in +accordance with required procedures; +e. In case of unavailability of required sponsorship, the team may reques t +cancellation of the opportunity, the team shall refund all and any +sponsorships received thereby to the parties concerned within (15) fifteen +days; and +f. The Volunteer Team shall submit to the Ministry a detailed report on any +sponsorships received thereby to support volunteering opportunities. + +" +family and community,Cabinet Resolution No. (70) of 2020 Concerning the Executive Regulations of Federal Law No. (13) of 2018 Concerning Volunteer Work,"Article (19) +Controls and Requirements for Carrying Out +Voluntary Work Outside the UAE +1. Controls for Carrying out Voluntary Work outside the UAE: +a. Volunteering opportunity intended to be executed may not conflict with +the UAE policies and legislation; +b. Volunteering opportunity shall serve the UAE vision and foreign policy ; +c. Volunteering opportunity shall be satisfying all conditions and +requirements of the entities concerned with foreign affairs; and +d. Volunteering opportunity shall be introduced through an entity registered, +licensed or notarized inside the UAE via the National Volunteering Platform +or any other platform of the competent authority. +2. Requirements for Carrying out Voluntary Work outside th e UAE : +a. Volunteer shall be at least (21) twenty -one years old; and Cabinet Resolution of 2020 Concerning the Executive Regulations of Federal Law of 2018 Concerning +Volunteer Work 11 + b. Volunteer may not have been punished with a custodial sentence on the +grounds of a felony or misdemeanor involving moral turpitude or breach +of trust, unless amnestied or rehabilitated. + +" +family and community,Cabinet Resolution No. (70) of 2020 Concerning the Executive Regulations of Federal Law No. (13) of 2018 Concerning Volunteer Work,"Article (20) +Complaints +The Ministry or the competent authority, each within its area of competenc e, shall +receive complaints filed by or against volunteers, Volunteer Team s, or the entities +organizing voluntary work ; provided that complaints shall be filed within (15) fifteen +days from occurrence of the event subject of the complaint. Complaints shall be +considered and replied to no later than (15) fifteen business days of the date of filing +the same. + +" +family and community,Cabinet Resolution No. (70) of 2020 Concerning the Executive Regulations of Federal Law No. (13) of 2018 Concerning Volunteer Work,"Article (21) +Penalties +Upon imposi ng any of the penalties provided for in article (16) of the Law, the Ministry +shall: +1. Prepare a report on the violation committed; +2. Notify the violator of the violations committed and date for reply to the same. +Failure to reply within the set date shall be deemed an acknowledgement of the +violation; +3. Consider the violation after passage of the deadline set for reply, as either the case +shall be discontinued or a proportional penalty shall be imposed based on severity +and nature of th e violation committed without consideration to the hierarchy of +punishments, same shall apply without prejudice to civil or criminal liabilities, as +necessary; and +4. Delegate the competent authority to impose the penalties provided for in Article +(16) of the Law in accordance with procedures set forth in this Article. The Cabinet Resolution of 2020 Concerning the Executive Regulations of Federal Law of 2018 Concerning +Volunteer Work 12 + competent authority shall submit to the Ministry regular reports on the violations +committed and penalties imposed on violators. +Every stakeholder may file a grie vance with the Minister or the H ead of the competent +authority against the decisions made and actions taken against itself under provisions +of this Article within (15) fifteen days from being notified of the decision or the action +against which the grievance is filed. Th e grievance shall be decided on within (30) +thirty business days from filing thereof. Non -reply to the grievance within said period +shall be deemed a rejection thereof. + +" +family and community,Cabinet Resolution No. (70) of 2020 Concerning the Executive Regulations of Federal Law No. (13) of 2018 Concerning Volunteer Work,"Article (22) +Adjustment of Affairs +Everyone engaging in voluntary work at the time of issuance of this Resolution shall +apply to the Ministry or to the competent authority in order to have their affairs +adjusted in accordance with this Resolution no later than (6) six months of the date of +entry of this Resolut ion into force. + +" +family and community,Cabinet Resolution No. (70) of 2020 Concerning the Executive Regulations of Federal Law No. (13) of 2018 Concerning Volunteer Work,"Article (23) +Implementing Resolutions +The Minister shall issue the resolutions and forms necessary for implementation of +provisions of this Resolution. + + Cabinet Resolution of 2020 Concerning the Executive Regulations of Federal Law of 2018 Concerning +Volunteer Work 13 + " +family and community,Cabinet Resolution No. (70) of 2020 Concerning the Executive Regulations of Federal Law No. (13) of 2018 Concerning Volunteer Work,"Article (24) +Repeals +Any and all other provisions shall be repealed to the extent that they go against or +conflict with provisions of this Resolution. + +" +family and community,Cabinet Resolution No. (70) of 2020 Concerning the Executive Regulations of Federal Law No. (13) of 2018 Concerning Volunteer Work,"Article (25) +Publication and Entry into Force +This Resolution shall be published in the Official Gazette and shall enter into force on +the day following the date of its publication. + + + + + + + + + +Mohamed Bin Rashid Al Maktoum +Prime Minister + +Issued by us : +On: 10 Rab i’ Al Awwal 1442 AH +Corresponding to: 27 October 2020 AD + + + " +"telecommunication, technology and space",Federal Decree by Law No. (45) of 2021 Concerning the Protection of Personal Data,"Article (1) + Definitions +In application of the provisions of this Decree by Law, the following words and phrases shall have +the meanings assigned to each of them, unless the context otherwise requires: +State : The United Arab Emirates +Office + : The UAE Data Bureau establish ed under the aforementioned +Federal Decree by Law No. (44) of 2021 +Data + : An organized or unorganized set of data, facts , concepts, +instructions, observations or measurements in the form of +numbers, letters, words, symbols, images, videos, signs, sounds, +maps or any other form. It is interpreted, exchanged or processed +by individuals or computers. It includes information wh erever it +appears herein. +Personal Data + : Any data related to a specific natural person or related to a natural +person that can be identified directly or indirectly by linking the +data, through the use of identification elements such as his/her +name, voice, image, identification number, his/her electronic +identifier, his/her geographical location, or by one or more +physical, physiological, economic, cultural or social characteristics. +It includes Sensitive Personal Data and Biometric Data +Sensitive Personal +Data + : Any data which directly or indirectly reveals a natural person's +family, ethnic origin, political or philosophical opinions, religious +beliefs, criminal record, biometric data, or any data relating to such Federal Decree by Law Concerning the Protection of Personal Data + 3 + person's health and physical, ps ychological, mental, genetic or +sexual condition, including information related to the provision of +healthcare services to him/her which reveals his/her health status +Biometric Data + : Personal Data resulting from processing using a specific +technology related to the physical, physiological or behavioral +characteristics of the Data Subject, which allows the identification +or confirmation of the unique identification of the Data Subject, +such as facial images or fingerprints +Data Subject : A Natural Person who is the subject of Personal Data +Establishment + : Any individual company or establishment located inside or outside +the State, including companies wholly owned by the federal or the +local government, or in which they are shareholders +Controller + : An establishment or natural person that has Personal Data, and by +virtue of its activity, determines whether individually or jointly +with other persons or establishments, the method and criteria for +processing such Personal Data and the purpose of processing it +Processor + : An establishment or Natural P erson that processes Personal Data +on behalf of the Controller. It processes it under their supervision +and in accordance with their instructions +Data Protection Officer + : Any Natural or Legal Person appointed by the Controller or +Processor, that unde rtakes the tasks of ascertaining the extent to +which the entity to which it belongs complies with the controls, +requirements, procedures and rules for processing Personal Data Federal Decree by Law Concerning the Protection of Personal Data + 4 + Protection stipulated herein. It also ensures the integrity of systems +and proce dures in order to achieve compliance with provisions of +the Decree by Law +Processing + : Any operation or set of operations performed on Personal Data +using any electronic means, including processing and other means. +This processing includes collecting, storing, recording, organizing, +adapting, modifying, circulating, altering, retrieving, e xchanging, +sharing, using, characterizing, disclosing Personal Data by +broadcasting, transmitting, distributing, making available, +coordinating, merging, restricting, blocking, erasing or destroying it +or creating forms thereof +Automated Processing + : Processing which is carried out using an electronic program or +system which operates in an automated and automatic manner +either completely independently without any human intervention +or partially with limited human supervision and intervention +Persona l Data Security + : A set of technical and organizational measures, procedures and +processes specified in accordance with provisions of this Decree by +Law which maintain the protection of privacy, confidentiality, +integrity and availability of Personal Dat a +Pseudonymisation + : Processing performed on Personal Data in such a way which, after +the completion of processing, makes it not possible to associate +and attribute such data to the Data Subject without the use of +additional information, provided that such additional information Federal Decree by Law Concerning the Protection of Personal Data + 5 + is kept independently and securely. In accordance with the +technical and organizational measures and procedures specified +under provisions of this Decree by Law, it shall ensure that +Personal Data is not linked to a specific na tural person or that +he/she can be identified by using it +Anonymization + : Processing which is performed on Personal Data in a way which +leads to the anonymity of the Data Subject, not linking and +attributing such data to him/her and the inability to identify +him/her in any way whatsoever +Data Breach + : Breaching informatio n security and Personal Data through illegal +or unauthorized access. This includes copying, sending, +distributing, exchanging, transferring, circulating or processing it in +a way which leads to disclosure of such data to third parties, or +destroying or mod ifying it during storage, transfer and processing +Profiling + : A form of automated processing which involves the use of +Personal Data to assess certain personality aspects associated with +the Data Subject, including analyzing or predicting aspects rela ted +to his/her financial performance or condition, health, personal +preferences, interests, behavior, location, movements or reliability +Cross -Border +Processing : Dissemination, use, display, transmission, reception, retrieval, +sharing or processing o f Personal Data outside the State +Consent + : The consent whereby the Data Subject authorizes a third party to +process his/her Personal Data, provided that this consent Federal Decree by Law Concerning the Protection of Personal Data + 6 + indicates, in a specific, clear and unambiguous manner, that +he/she accepts the processing of his/her Personal Data through a +clear positive statement or action + +" +"telecommunication, technology and space",Federal Decree by Law No. (45) of 2021 Concerning the Protection of Personal Data,"Article (2) +Scope of Application of the Decree by Law +1. Provisions of this Decree by Law shall apply to the processing of all or part of the Personal +Data by means of electronic systems which operate automatically, or by other means, by the +following: +a. Each Data Subject residing in the State or having a place of business in it. +b. Each Controller or Processor residing in the State and carrying out the activities of +processing Personal Data of Data Subjects inside an d outside the State. +c. Each Controller or Processor residing outside the State and carrying out the activities of +processing Personal Data of Data Subjects inside the State. +2. Provisions of this Decree by Law shall not apply to the following: +a. Government Data +b. Governmental entities which control or process Personal Data. +c. Personal Data held by the security and judicial authorities +d. A Data Subject who processes hi s/her data for personal purposes. +e. Personal Health Data that has legislation regulating its protection and processing. +f. Personal banking and credit data and information th at have legislation regulating their +protection and processing. +g. Companies and establishments located in free zones in the Country and have special Federal Decree by Law Concerning the Protection of Personal Data + 7 + legislations regarding Personal Data protection. + +" +"telecommunication, technology and space",Federal Decree by Law No. (45) of 2021 Concerning the Protection of Personal Data,"Article (3) +Bureau's Power of Exemption +Without prejudi ce to any other competencies prescribes for the Bureau under any other +legislation, the Bureau may exempt some establishments that do not process a large volume of +Personal Data from part, or all of the requirements of the personal data protection provisio ns +stipulated in this Decree by Law, in accordance with the standards and controls set by the +Executive Regulations of this Decree by Law. + +" +"telecommunication, technology and space",Federal Decree by Law No. (45) of 2021 Concerning the Protection of Personal Data,"Article (4) +Cases of Processing Personal Data without the Consent of its Owner +It is prohibited to process Personal D ata without the consent of its owner. The following cases +shall be excluded from such prohibition: +1. If the processing is necessary to protect public interest. +2. If the processing is related to Person al Data which has become available and known to all by +an act of the Data Subject. +3. If the processing is necessary to initiate any procedures of legal claim or defense of rights or +is related to judicial or security procedures. +4. If the processing i s necessary for purposes of occupational or preventive medicine in order +to assess the employees' ability of to work, performing medical diagnosis, providing health +or social care, treatment or health insurance services, managing health or social care syst ems +and services in accordance with the legislation in force in the State. Federal Decree by Law Concerning the Protection of Personal Data + 8 + 5. If the processing is necessary to protect public health, including protection from existing +diseases and epidemics, or for the purposes of ensuring the safety and quality of he althcare, +medicines, drugs and medical devices, in accordance with the legislation in force in the +State. +6. If the processing is necessary for archival purposes or for scientific, historical and statistical +studies in accordance with the legislation in force in the State. +7. If the processing is necessary to protect the interests of the Data Subject. +8. If the processing is necessary for the purposes of the Controller or Data Subject carrying out +their obligations and exercising their legally establi shed rights in the field of employment, +social security or laws concerned with social protection, to the extent permitted by such +Laws. +9. If the processing is necessary to perform a contract to which the Data Subject is a party, or to +take measures at the request of the Data Subject with the aim of concluding, amending or +terminating a contract. +10. If the processing is necessary to fulfil specific obligations stipulated in other laws in force in +the State for the Controller. +11. Any other cases set out in the Executive Regulations of this Decree by Law. + +" +"telecommunication, technology and space",Federal Decree by Law No. (45) of 2021 Concerning the Protection of Personal Data,"Article (5) +Personal Data Processing Control s +Personal Data shall be processed according to the following controls: +1. Processing shall be carried out in a fair, transparent and lawful manner. +2. Personal Data shall be collected for a specific and clear purpose. It shall not be processed at Federal Decree by Law Concerning the Protection of Personal Data + 9 + any later time in a manner incompatible with such purpose. However, it may be processed if +the purpose is similar or close to the purpose for which this data is collected. +3. Personal Data shall be sufficient and limited to what is necessary in accordance with the +purpose for which the processing is carried out. +4. Personal Data shall be accurate and correct and shall be updated whenever necessary. +5. The n ecessary measures shall be taken to ensure that incorrect Personal Data is deleted or +corrected. +6. Personal Data shall be kept securely, including protecting it from any violation, penetration, +or illegal or unauthorized processing through the developme nt and use of appropriate +technical and organizational measures and procedures in accordance with the laws and +legislation in force in this regard. +7. Personal Data shall not be kept after the purpose of its processing has been exhausted. It +may be kept if the identity of the Data Subject has been concealed using the +""Anonymization Mechanism"" +8. Any other controls set out in the Executive Regulations of this Decree by Law. + +" +"telecommunication, technology and space",Federal Decree by Law No. (45) of 2021 Concerning the Protection of Personal Data,"Article (6) +Terms of Consent to Data Processing +1. To be considered, the consent of the Data Subject to the processing of date shall require the +following: +a. The Controller shall be able to prove the consent of the Data Subject in the event that +the pr ocessing of Personal Data is based on the consent of the Data Subject. +b. The Consent shall be prepared in a clear, simple, unambiguous and easily accessible Federal Decree by Law Concerning the Protection of Personal Data + 10 + manner, whether in writing or electronically. +c. The Consent shall include the Data Subject's right to withdraw it easily. +2. The Data Subject may, at any time, withdraw their consent to the processing of Personal +Data. Such withdrawal of consent shall not affect the legality of the processing based on the +given consent before withdrawing it. + +" +"telecommunication, technology and space",Federal Decree by Law No. (45) of 2021 Concerning the Protection of Personal Data,"Article (7) +The Controller's General Obligations +The Controller shall abide by the following: +1. Take appropriate technical and organizational measures to implement the necessary +standards to protect and secure Personal Data in order to preserve its confi dentiality and +privacy, and to ensure that it is not breached, destroyed, altered or tampered with, taking +into account the nature, scope and purposes of processing and the possibility of risks to the +confidentiality and privacy of the Data Subject's Perso nal Data. +2. Apply the appropriate measures, whether while determining the means of processing or +while processing, in order to comply with the provisions of this Decree by Law, including the +controls stipulated in article (5). These measures include the Pseudonymisation +Mechanism. +3. Apply appropriate technical and organizational measures with respect to automatic settings, +to ensure that the processing of Personal Data is limited to the purpose for which it is +intended. Such obligation shall apply to the volume and type of Personal Data collected, the +type of processing which will be carried out, the period of storage and accessibility of such +data. Federal Decree by Law Concerning the Protection of Personal Data + 11 + 4. Maintain a special record for Personal Data, provided that such record shall include the data +of bo th the Controller and the Data Protection Officer, a description of the categories of +Personal Data, details of the persons authorized to access the Personal Data, processing +times, limitations and scope, the mechanism for erasing, modifying or processing Personal +Data, the purpose of processing, any data related to the cross -border movement and +processing of such data, and the technical and organizational measures related to +information security and processing The Controller shall submit such record to the Bureau +whenever requested to do so. +5. Appoint the Processor which has sufficient guarantees to implement technical and +organizational measures in a manner which ensures that the processing meets the +processing requirements, rules and controls stipulated in this Decree by Law, its Executive +Reg ulations and the decisions issued to implement the same. +6. Provide the Bureau, pursuant to a decision made by the competent judicial authority, with +any information it requests in implementation of its powers stipulated in this Decree by Law +and its Exe cutive Regulations. +7. Any other obligations set out in the Executive Regulations of this Decree by Law. + +" +"telecommunication, technology and space",Federal Decree by Law No. (45) of 2021 Concerning the Protection of Personal Data,"Article (8) +The Processor's General Obligations +The Processor shall abide by the following: +1. Carry out the processing in accordance with the ins tructions of the Controller and contracts +and agreements concluded between them, which specify in particular the scope, subject, +purpose, nature and type of Personal Data, and the category of the Data Subject. Federal Decree by Law Concerning the Protection of Personal Data + 12 + 2. Apply the appropriate technical and organizational procedures and measures to protect +Personal Data at the design stage, whether during the identification of the means of +processing or during the processing, taking into account the cost of implementing such +procedures and the nature, scope and purposes of processing. +3. Carry out the processing according to the purpose and the period specified for it. If the +processing exceeds the specified period, the Processor shall so notify the Controller to +authorize it to extend such period or give appropriate instructions. +4. Erase data after the expiry of the processing period or upon handing it over to the Controller. +5. Avoid doing anything which would disclose Personal Data or results of processing, except in +cases authorized by the law. +6. Protect and secure data processing, the electronic media and devices used in processing and +the Personal Data they contain. +7. Maintain a special record of Personal Data which is processed on behalf of the Controller, +provided that such record includes the data of the Controller, the Processor and the Data +Protection Officer and a description of the categories of Personal Data they have, data of the +persons authorized to access Personal Data, processing times, restrictio ns and scope, the +mechanism of erasing, modifying or processing Personal Data, the purpose of processing, +any data related to the cross -border movement and processing of such data and the +technical and organizational measures related to information securit y and processing +operations, provided that the Processor submits such record to the Bureau whenever it is +requested to do so. +8. Provide all means to prove its commitment to the implementation of provisions of this +Decree by Law when so requested by the Controller or the Bureau. Federal Decree by Law Concerning the Protection of Personal Data + 13 + 9. Carry out processing in accordance with rules, conditions and controls specified in this +Decree by Law and its Executive Regulations, or pursuant to which instructions are issued +by the Bureau. +10. In the event that more than one Processor participates in processing data, the processing +shall be carried out in accordance with a written contract or agreement in which they clearly +define their obligations, responsibilities and roles with regard to processing, otherwise they +shall be deemed jointly responsi ble for the obligations and responsibilities contained in this +Decree by Law and its Executive Regulations. +11. The Executive Regulations of this Decree by Law shall specify the procedures, controls, +conditions, and technical standards related to such o bligations. + +" +"telecommunication, technology and space",Federal Decree by Law No. (45) of 2021 Concerning the Protection of Personal Data,"Article (9) +Reporting Personal Data Breach +1. In addition to the obligations of the Controller stipulated in this Decree by Law, the +Controller shall, at the time it becomes aware of the existence of any breach or violation of +Personal Data of the Data Subject that would prejudice the privacy, confidentiality and +security of data, notify the Bureau of such breach or violation and the investigation rights +within the period and in accordance with the measures and requirements set by the +Executi ve Regulations of this Decree by Law, provided that the reporting is accompanied by +the following data and documents: +a. A description of the nature of the breach or violation, its form, causes, approximate +number and records. +b. Details of the appointed Data Protection Officer. Federal Decree by Law Concerning the Protection of Personal Data + 14 + c. Potential and expected effects of the breach or violation. +d. Corrective measures and actions taken or suggested by it to confront such violation and +reduce its negative impacts. +e. Documents of th e violation and corrective actions taken by it. +f. Any other requirements required by the Bureau +2. In all cases, the Controller shall notify the Data Subject in the event that the violation or +breach would prejudice the privacy and confidentiality of the security of his/her Personal +Data within the period and in accordance with the measures and requirements set by the +Executive Regulations of this Decree by Law. It shall inform him/her of the measures taken +by it. +3. If the Processor becomes aware of any breach of Personal Data, it shall notify the Controller +of such breach as soon as it becomes aware of the same. the Controller shall in turn inform +the Bureau in accordance with Clause (1) of this Article. +4. After receiving the notification from the Controller, the Bureau shall verify the reasons for +the violation to ensure the integrity of the security measures taken, and impose the +administrative penalties referred to in article (26) of this Decree by Law in the event that a +violation of its provisions and decisions issued in implementation of it is proven against the +Controller or the Processor. + +" +"telecommunication, technology and space",Federal Decree by Law No. (45) of 2021 Concerning the Protection of Personal Data,"Article (10) +Appointing Data Protection Officer +1. The Controller and Processor shall appoint a Data Protection Officer, who has sufficient +skills and knowledge of the Personal Data Protection Law, in any of the following cases: Federal Decree by Law Concerning the Protection of Personal Data + 15 + a. If processing would cause a high -level risk to the confidentiality and privacy of the +Personal Data of the Data Subject as a result o f adopting new technologies or with +regard to the volume of data. +b. If processing would involve a systematic and comprehensive assessment of Sensitive +Personal Data, including Profiling and Automated Processing. +c. If processing would be carried out o n a large volume of Sensitive Personal Data. +2. The Data Protection Officer may be an employer of the Controller or the Processor or +authorized by them, whether inside or outside the State. +3. The Controller or the Processor shall specify the contact details of the Data Protection +Officer and notify the Bureau of the same. +4. The Executive Regulations of this Decree by Law shall specify the types of technologies and +criteria for determining th e volume of data required in accordance with this Article. + +" +"telecommunication, technology and space",Federal Decree by Law No. (45) of 2021 Concerning the Protection of Personal Data,"Article (11) +Roles of Data Protection Officer +1. The Data Protection Officer shall ensure the extent of compliance of the Controller or the +Processor with the application of provisions of this D ecree by Law, its Executive Regulations +and instructions issued by the Bureau. The Data Protection Officer shall, in particular, +undertake the following tasks and powers: +b. Verifying the quality and correctness of the procedures in place at the Controll er and the +Processor. +b. Receiving requests and complaints related to Personal Data in accordance with +provisions of this Decree -Law and its Executive Regulations. Federal Decree by Law Concerning the Protection of Personal Data + 16 + c. Providing t echnical advice on evaluation procedures and periodic examination of +personal data protection systems and intrusion prevention systems at the Controller and +Processor, documenting the results of such evaluation and providing appropriate +recommendations in this regard, including risk assessment procedures. +d. Acting as a link between the Controller or the Processor, as the case may be, and the +Bureau regarding the application of personal data processing provisions stipulated in +this Decree by Law. +e. Any other tasks or powers which are determined in accordance with the Executive +Regulations of this Decree by Law. +2. The Data Protection Officer shall maintain the confidentiality of information and data it +receives in implementation of its duties and powe rs in accordance with provisions of this +Decree by Law and its Executive Regulations and in accordance with the legislations in force +in the State. + +" +"telecommunication, technology and space",Federal Decree by Law No. (45) of 2021 Concerning the Protection of Personal Data,"Article (12) +Duties of the controller and the processor towards the Data Protection Officer +1. The Controller and the Processor shall provide all means to ensure that the Data Protection +Officer performs the duties and tasks assigned to it as stipulated in article (11) of this Decree +by Law in the required manner. In particular, this shall include t he following: +a. Ensure that the Data Protection Officer is appropriately and timely involved in all +matters relating to the protection of Personal Data. +b. Ensure that the Data Protection Officer is provided with all the necessary resources and +the ne cessary support to carry out the tasks assigned to it. Federal Decree by Law Concerning the Protection of Personal Data + 17 + c. Not to terminate the Data Protection Officer services or impose any disciplinary penalty +for a reason related to the performance of its duties in accordance with the provisions of +this Decree by L aw. +d. Ensure that the Data Protection Officer is not charged with duties which contradict its +duties under this Law. +2. The Data Subject may communicate directly with the Data Protection Officer about all +matters relating to his/ her personal data pro cessing to enable him/ her to exercise his/ her +rights in accordance with the provisions of this Decree by Law. + +" +"telecommunication, technology and space",Federal Decree by Law No. (45) of 2021 Concerning the Protection of Personal Data,"Article (13) +Right to Receive Information +1. The Data Subject has the right, by submitting a request to the Controller without any +consideration, to obtain the following information: +a. The types of its Personal Data that are being processed. +b. Purposes of processing. +c. Decisions made based on automated processing, including profiling. +d. The targeted sectors or establishments with whom its personal data will be shared from +inside and outside the State. +e. Controls and standards for the period of storage and preservation of his/ her personal +data. +f. Procedures for correcting, erasing or limiting processing and objection to his/ her +personal data. +g. Protection measures for cross -border processing carried out in accordance with Articles Federal Decree by Law Concerning the Protection of Personal Data + 18 + (22) and (23) of this By -Law. +h. Actions to be taken in the event of a breach or misuse of his/ her Personal Data, +especially if the breach or misuse has a direct and serious threat to the privacy and +confidentiality of his/her Personal Data. +i. How to submit complaints to the Bureau. +2. In all cases, the Controller shall, before starting the processing, provide the Data Subject with +the information stipulated in p aragraphs (b), (d) and (g) of Paragraph (1) of this Article. +3. The Controller may reject the Data Subject's request to obtain the information mentioned in +Paragraph (1) of this Article, if the following is established: +a. The request is not related to the information referred to in Paragraph (1) of this Article, +or it is excessively repetitive. +b. The request conflicts with judicial procedures or investigations conducted by competent +authorities. +c. The request may nega tively affect the efforts of the Controller to protect information +security. +d. The request affects the privacy and confidentiality of Personal Data of third parties. + +" +"telecommunication, technology and space",Federal Decree by Law No. (45) of 2021 Concerning the Protection of Personal Data,"Article (14) + Right to Request Transfer of Personal Data +1. The Data Subject shall ha ve the right to receive his/her personal data that has been provided +to the Controller for processing, in an orderly and machine -readable manner, whenever the +processing is based on the consent of the Data Subject, or it is necessary for the +implementation of a contractual obligation, and it is carried out by automated means. Federal Decree by Law Concerning the Protection of Personal Data + 19 + 2. The Data Subject shall have the right to request the transfer of its Personal data to another +Controller whenever it is technically feasible. + +" +"telecommunication, technology and space",Federal Decree by Law No. (45) of 2021 Concerning the Protection of Personal Data,"Article (15) +Right to correction or erasure of Personal Data +1. The Data Subject shall have the right to reques t the correction of his/her inaccurate Personal +data, or request to complete the data held by the Controller without undue delay +2. Without prejudice to the legislations in force in the State and what is required for the public +interest, the Data Subject shall have the right to request erasure of his/ her Personal Data +held by the Controller in any of the following cases: +a. His/her Personal Data is no longer necessary for the purposes for which it is collected or +processed. +b. Withdrawal of the conse nt of Data Subject on which the processing is based. +c. The Data Subject's objection to the processing, or the absence of legitimate reasons for +the Controller to continue the processing. +d. The Personal Data is processed in violation of the provisions of this Decree by Law and +the applicable legislations, and the erasure process is necessa ry to comply with the +legislations and approved standards in force in this regard. +3. As an exception to what is stated in Paragraph (2) of this Article, the Data Subject is not +entitled to request erasure of his/ her Personal Data held by the Controller in the following +cases: +a. If the request is related to the erasure of his/her Personal Data related to public health in +private facilities. Federal Decree by Law Concerning the Protection of Personal Data + 20 + b. If the request affects the investigation procedures and claiming and defending rights. +c. If the request contradicts other legislations to which the Controller is subject. +d. Any other cases determined by the Executive Regulation of this Decree by Law. + +" +"telecommunication, technology and space",Federal Decree by Law No. (45) of 2021 Concerning the Protection of Personal Data,"Article (16) +Right to Restrict Processing +1. The Data Subject shall have the right to oblige the Controller to restrict and stop processing +in any of the following cases: +a. The Data Subject's objection to the accuracy of the Personal Data, in which case the +processing shall be restricted for a specific period to allow the Controller to verify the +data accuracy. +b. The Data Subject's objection to the processing of his/ her P ersonal Data in violation of +the agreed -upon purposes. +c. The processing is carried out in violation of the provisions of this Decree by Law and the +applicable legislations. +2. The Data Subject shall have the right to request the Controller to continue to keep his/ her +Personal Data after the completion of the processing purposes when such data is necessary +to complete procedures related to claiming or defending rights and lawsuits. +3. Notwithstanding what is stated in Paragraph (1) of this Article, the Controller may proceed +with the processing of the Personal Data of the Data Subject without his/ her consent in any +of the following cases: +a. If the processing is limited to storing Pe rsonal Data. +b. If the processing is necessary to pursue any of the procedures related to claiming or Federal Decree by Law Concerning the Protection of Personal Data + 21 + defending rights and lawsuits or related to judicial proceedings. +c. If the processing is necessary to protect the rights of third parties. +d. If th e processing is necessary to protect the public interest. +4. In all cases, the Controller, if it lifts the restriction stipulated in this Article, shall notify the +Data Subject of the same. + +" +"telecommunication, technology and space",Federal Decree by Law No. (45) of 2021 Concerning the Protection of Personal Data,"Article (17) + Right to Stop Processing +The Data Subject shall have the right to object to the processing of his/her Personal Data and stop +it in any of the following cases: +1. If the processing is intended for the purposes of direct marketing, including pr ofiling related +to direct marketing. +2. If the processing is intended for the purposes of conducting statistical surveys, unless the +processing is necessary to serve the public interest. +3. If the processing is carried out in violation of article (5) o f this Decree by Law. + +" +"telecommunication, technology and space",Federal Decree by Law No. (45) of 2021 Concerning the Protection of Personal Data,"Article (18) +Right to Processing and Automated Processing +1. The Data Subject shall have the right to object to any decisions resulting from automated +processing, including profiling, particularly those decisions which have legal i mpact on or +adversely affect the Data Subject. +2. Notwithstanding Paragraph 1 of this Art icle, the Data Subject may not object to the +decisions resulting from automated processing in the following cases: Federal Decree by Law Concerning the Protection of Personal Data + 22 + a. If the automated processing is agreed upon under the contract made between the Data +Subject and the Controller. +b. If the automated pr ocessing is required under other legislations which are applicable in +the State. +c. If the Data Subject gives prior consent to the automated processing as set out in Article +(6) of this Decree by Law. +3. The Controller shall adopt appropriate measures to protect the privacy and confidentiality of +the Data Subject's Personal Data in the cases referred to in Paragraph 2 of this article and +shall not cause any prejudice to the Data Subject's rights. +4. The Controller shall include the human element in re viewing automated processing +decisions at the request of the Data Subject. + +" +"telecommunication, technology and space",Federal Decree by Law No. (45) of 2021 Concerning the Protection of Personal Data,"Article (19) + Contacting the Controller +The Controller shall provide clear and appropriate ways for the Data Subject to contact th e +Controller to request any of the rights set forth in this Decree by Law. + +" +"telecommunication, technology and space",Federal Decree by Law No. (45) of 2021 Concerning the Protection of Personal Data,"Article (20) + Personal Data Security +1. The Controller and the Processor shall develop and take appropriate technical and +regulatory measures to ensure the highest standard of inf ormation security that is suitable +for the risks related to data processing in accordance with the best international practices +and standards. This shall include the following: Federal Decree by Law Concerning the Protection of Personal Data + 23 + a. Encryption of Personal Data and the application of Pseudonymisation. +b. Applying measures which ensure the continuous confidentiality, safety, accuracy and +flexibility of data processing systems and services. +c. Applying measures which ensure timely retrieval of and access to Personal Data in case +of any actual or technical failure. +d. Applying measures which ensure a seamless testing and evaluation of the effectiveness +of the technical and regulatory measures t o ensure the security of processing. +2. When evaluating the information security level as set out in Paragraph1 of this Article, the +following shall be observed: +a. Data processing risks, including damage, loss, accidental or illegal change and disclosure +of or access to the Personal Data, whether being transferred, stored or processing. +b. The costs of data processing, and its nature, scope and purposes, in additio n to potential +risks impacting the confidentiality and privacy of the Data Subject's Personal Data. + +" +"telecommunication, technology and space",Federal Decree by Law No. (45) of 2021 Concerning the Protection of Personal Data,"Article (21) +Assessment of the Impact of Personal Data Protection +1. Taking into account the nature, scope and purposes of data processing, the Controlle r shall, +before carrying out the processing, evaluate the impact of the proposed processing +operations on the protection of Personal Data, when using any of the modern technologies +that would pose a high risk to the privacy and confidentiality of the Data Subject's Personal +Data. +2. The assessment of the impact provided for in Paragraph (1) of this Article shall be required +in the following cases: Federal Decree by Law Concerning the Protection of Personal Data + 24 + a. If the processing includes a s ystematic and comprehensive assessment of the personal +aspects of the Data Subject, using automated processing, including profiling, having +legal consequences or serious impact on the Data Subject. +b. If processing would be carried out on a large volume of Sensitive Personal Data. +3. The assessment stipulated in Paragraph (1) of this Article shall include, at a minimum, the +following: +a. Clear and systematic explanation of the suggested processing operations for the +protection of Personal Data and the purpose of processing. +b. Evaluation of how necessary the processing operations are and how they are suitable for +the purpose of processing. +c. Evaluation of potential risks related to the privacy and confidentiality of the Data +Subject's Personal Dat a. +d. The suggested procedures and measures aimed at reducing the potential risks related to +the protection of Personal Data. +4. The Controller may carry out one evaluation of a set of processing operations which have +similar nature and risks. +5. The Controller shall coordinate with the Data Protection Officer upon evaluating the impact +of the protection of Personal Data. +6. The Bureau shall prepare a list of processing operation types which do not require +evaluation of the impact of the protection of Personal Data. The Bureau shall publish such +list on its website. +7. The Controller shall review the evaluation results on a reg ular basis to make sure that the +processing is being carried out in accordance with the evaluation in case the processing risks Federal Decree by Law Concerning the Protection of Personal Data + 25 + level changes. + +" +"telecommunication, technology and space",Federal Decree by Law No. (45) of 2021 Concerning the Protection of Personal Data,"Article (22) +Cross -Border Transfer and Sharing of Personal Data for Processing Purposes if a +Proper Protection Le vel is Available +Personal Data may be transferred to outside of the State in the following cases approved by the +Bureau: +1. The State or Province t o which the Personal Data is transferred shall have legislations +addressing Personal Data Protection. This includes most significant provisions, measures, +controls, stipulations and rules related to the protection of the privacy and confidentiality of +the Date Subject's Personal Data, and his/her ability to exercise their legal rights. The State +or the Province shall also have a judicial o regulatory authority imposing appropriate +measures against the Controller or the Processor. +2. If the State joins a b ilateral or multilateral agreement related to the protection of Personal +Data concluded with countries to which the Personal Data is transferred. + +" +"telecommunication, technology and space",Federal Decree by Law No. (45) of 2021 Concerning the Protection of Personal Data,"Article (23) +Cross -Border Transfer and Sharing of Personal Data for Processing Purposes if a +Proper Protection Level is not Available +1. Notwithstanding article (22) of this Decree by Law, Personal Data may be transferred to +outside the State in the following cases: +a. Companies, operating in countries where there are no laws for Data Protection, may +transfer data under a contract or agreement obligating the companies in such countries Federal Decree by Law Concerning the Protection of Personal Data + 26 + to adopt measures, controls and requirements set out in this Decree by Law, in addition +to provisions forcing the Controller or the Processor to adopt appropriate measures +which are imposed by a judicial or regulatory authority in such countries as set out in the +contract. +b. If there is an explicit consent granted by the Data Subject to transfer his/her Personal +Data outside the State, provided that such transfer shall not con tradict the public or +security interest of the State. +c. If the transfer is necessary to fulfil obligations and establish rights before judicial entities, +exercise or defend the same. +d. If the transfer is necessary to sign or implement a contract made between the Controller +and the Data Subject, or between th e Controller and third parties to serve the interest of +the Data Subject. +e. If the transfer is necessary to implement an action related to an international judicial +cooperation. +f. If the transfer is necessary to protect the public interest. +2. The Executive Regulations of this Decree by Law set forth the controls and stipulations +referred to in Paragraphs (1) of this Article, which should be observed during the transfer of +data outside the State. + +" +"telecommunication, technology and space",Federal Decree by Law No. (45) of 2021 Concerning the Protection of Personal Data,"Article (24) +Complaints +1. The Data Subject shall have the right to submit complaints to the Bureau if he/she believes +that there is a violation of this Decree by Law or that the Controller or the Processor is Federal Decree by Law Concerning the Protection of Personal Data + 27 + processing his/ her Personal Data in violation of the rules and procedure s set by the Bureau +in this regard. +2. The Bureau shall receive complaints from the Data Subject in accordance with Paragraph (1) +of this Article and shall examine such complaints in coordination with the Controller and the +Processor. +3. The Bureau sha ll impose the administrative penalties referred to in article (26) of this +Decree by Law if it is proven that the Controller or the Processor violates its provisions, or +the decisions issued in implementation of the same. + +" +"telecommunication, technology and space",Federal Decree by Law No. (45) of 2021 Concerning the Protection of Personal Data,"Article (25) +Grievance against the Bureau's Decisions +Any stakeholder may submit a written grievance to the General Director of the Bureau against +any decision or administrative penalty or any other action taken by the Bureau against such +stakeholder within (30) thirty days as of the date on which a notice of such administrative +decision or penalty is given. Additionally, deciding upon such complaint shall be made within +(30) thirty days as of the date on which the complaint is submitted. +It is not permissible to challenge any decision issu ed by the Bureau in implementation of the +provisions of this Decree by Law before submitting a grievance against the same. The Executive +Regulations of this Decree by Law set out the procedures for submitting a grievance and deciding +thereupon. + +" +"telecommunication, technology and space",Federal Decree by Law No. (45) of 2021 Concerning the Protection of Personal Data,"Article (26) +Administrative Penalties Federal Decree by Law Concerning the Protection of Personal Data + 28 + The Council of Ministers, based upon a suggestion from the General Director of the Bureau, shall +issue a decision to limit the actions which constitute a violation of this Decree by Law and its +Executive Regulations, including ad ministrative penalties to be imposed. + +" +"telecommunication, technology and space",Federal Decree by Law No. (45) of 2021 Concerning the Protection of Personal Data,"Article (27) + Authorization +The Council of Ministers, based upon a suggestion from the General Director of the Bureau, may +authorize any competent local government authority within the scope of its local competence, to +exercise some of the Bureau' powers set out in this Decree by Law. + +" +"telecommunication, technology and space",Federal Decree by Law No. (45) of 2021 Concerning the Protection of Personal Data,"Article (28) +The Executive Regulation +The Council of Ministers, based upon a suggestion from the General Director of the Bureau, shall +issue the Executive Regulations of this Decree by Law within six (6) months as of the date on +which the Decree by Law is promulgated. + +" +"telecommunication, technology and space",Federal Decree by Law No. (45) of 2021 Concerning the Protection of Personal Data,"Article (29) +Regularisati on +The Controller and the Processor shall regularize their status in compliance with the provisions +of this Decree by Law within a period of no more than six (6) months as of the date on which its +Executive Regulations are issued. The Council of Ministers may extend such period for another +similar period. + Federal Decree by Law Concerning the Protection of Personal Data + 29 + " +"telecommunication, technology and space",Federal Decree by Law No. (45) of 2021 Concerning the Protection of Personal Data,"Article (30) +Repeals +Any provision that violates or contradicts the provisions of this Decree by Law shall be repealed. + +" +"telecommunication, technology and space",Federal Decree by Law No. (45) of 2021 Concerning the Protection of Personal Data,"Article (31) +Publication & Enforcement of this Decree by Law +This Decree by Law shall by published in the Official Gazette and shall come into force as of 02 +January 2022. + + + + + + + + +Khalifa Bin Zayed Al -Nahyan +President of the United Arab Emirates + + + + +Issued by us at the Presidency Palace in Abu Dhabi: +On: 13 / Safar / 1443 AH +Corresponding: 20 / September / 2021AD " +"telecommunication, technology and space",Cabinet Resolution No. (20) of 2023 Regarding the Regulatory Regulations to Ensure Compensation for Damage Caused to Others During the Exercise of Space Activities and Other Activities Related to the Space Sector (Liability Towards Third Pa,"Article (1) +Definitions +In application of the provisions herein, the following words and e xpressions shall have the +meanings ascribed thereto, unless the context requires otherwise: +State : The United Arab Emirates. +Government Entities : Ministries, public authorities and institutions, and all other federal or local +Government Agencies in the State. +Agency : UAE Space Agency. Board of +Directors : Board of Directors of the UAE Space Agency. +Law : Federal Law No. (12) of 2019 Regulating the Space Sector. +Space Object : An object that a person makes, launches, or aims to launch into the or from the Ident ified Area, whether manned or unmanned that shall include: the +constituent parts of the Space Object, its Launch Vehicle and the parts +thereof, including those that do not reach the Identified Area. +Space +Activities : Activities that target the Identified Area, including its discovery, making an impact thereon, using, or utilising it, in accordance with the provisions of +article (4) of this Law. +Authorisation +Regulations : +Regulations related to Authorising Space Activi ties and other activities +related to the Space Sector, applicable in the Agency. +Identified +Area : Any area eighty kilometres or more above the mean sea level. +Operator : A person engaged in Space Activities, Space Supporting Flights, High +Altitude Activitie s, Space Data management and distribution activities, or +any other activities related to the Space Sector subject to this Law. +Damage : Loss of life, personal injury, or any other harm to health, or the loss or +damage that is caused to the property of the S tate, the property of Persons, +or the property of intergovernmental organisations. +Insurance +Contract : Contract between the Insurance Company (and the intermediary, where +applicable) and the Operator and any other Insured entities under which the Insurance Company is obligated to pay financial compensation to the +Operator in the event of damage occurring or causing damage to a +contracting party or a third party, or to pay compensation to a list of +beneficiaries specified by the Insurance Contract. In exchan ge for the +Insured paying a premium or instalments to the Insurance Company or +insurance brokers. Insured : The Operator (and, as the case may be, other entities covered by the +Insurance Contract, which may include the owner of the Space Object) +who is a pa rty to the contract and shall pay amounts to the Insurance +Company for the amount required to be covered under the Insurance +Contract, which may include regular payment of insurance premiums. +Indemnity +Guarantee +Document : A document submitted by the Operator to the Agency for review and +approval, which sets forth the Operator financial assurance regarding the +coverage required for the Operator to comply with the requirements of +this resolution. This may include an Insuranc e Contract or other type of +financing or security acceptable to the Agency. +Accident : Accident caused by Space Activities, Space- Supporting Flights, or High +Altitude Activities, that leads to the death of a person or severe damage +thereto, or leads to the destruction or cause severe damage to a Space +Object or aircraft used in a Space -Supporting Flight, or High Altitude +Activities or the property on board or leads to the destruction or severe damage to any objects or property in the atmosphere or on the sur face of +the Earth. +Maximum +Potential +Losses : The total potential material losses in the event that the Operator causes an +accident or incident that may lead to loss of life, damage to people, health +damage, environmental losses, or damage and loss to prope rty. +Launch : The process of launching or attempting to launch a Space Object into or +through the Identified Area. This shall include all necessary preparations +and activities at the launch site, up to the stage of the load separation and +detachment from th e head of the Space Object. +Re-entry : The process of returning or attempting to return a Space Object from the +Identified Area, including stages and preparations necessary for its Re - +Entry of the Earth atmosphere, until it settles on the Earth. Space Debri s : Space Object that has no role or purpose, or the remains thereof, and the +materials, waste, or fragments resulting therefrom, whether in Outer +Space, including the Earth orbit, or inside the Earth atmosphere. + + +" +"telecommunication, technology and space",Cabinet Resolution No. (20) of 2023 Regarding the Regulatory Regulations to Ensure Compensation for Damage Caused to Others During the Exercise of Space Activities and Other Activities Related to the Space Sector (Liability Towards Third Pa,"Article (2) +Scope of Application +The provis ions of this resolution apply to Operators, Authorisation Applicants, or Authorised +Party by the Agency to conduct Space Activities or other activities related to the Space Sector in +accordance with the provisions of the law and the regulations issued in implementation thereof. + +" +"telecommunication, technology and space",Cabinet Resolution No. (20) of 2023 Regarding the Regulatory Regulations to Ensure Compensation for Damage Caused to Others During the Exercise of Space Activities and Other Activities Related to the Space Sector (Liability Towards Third Pa,"Article (3) +Providing Compensation Guarantee Document +1. Any Operator or Applicant shall, before starting any Space Activities, submit a Compensation +Guarantee Document acceptable to the Agency, during the Authorisation process as +stipulated in the Authorisation regulations. +2. In its assessment of the Compensation Guarantee Document referred to in Clause (1) of this Article, the Agency shall take into account the nature of Space Activity, the risks associated +with it, and the maxim um possible losses. +3. The Compensation Guarantee Document stipulated in Clauses (1) and (2) of this Article shall +be submitted in accordance with the terms, conditions, rules and requirements contained in +this resolution. + +" +"telecommunication, technology and space",Cabinet Resolution No. (20) of 2023 Regarding the Regulatory Regulations to Ensure Compensation for Damage Caused to Others During the Exercise of Space Activities and Other Activities Related to the Space Sector (Liability Towards Third Pa,"Article (4) +Conditions for accep ting proposal for a Compensation Guarantee Document +1. For the acceptance of the proposal for a Compensation Guarantee Document, the following conditions shall be met: a. Acknowledgment by the Applicant or the Operator that the information contained in the +proposed Compensation Guarantee Document is correct and up -to-date. +b. The Compensation Guarantee Document shall remain valid throughout the period of +practicing the Authorised Space Activity. +c. Proof of the ability of the Applicant or the Operator, or t hrough its Guarantor or Insurance +Company providing the required liability coverage to the Operator, to meet the liability +compensation limit as specified by the Agency. +d. The Compensation Guarantee Document shall apply to the Applicant or the Operator and +other Insured, in accordance with the Agency requirements. +e. The suitability and completeness of the Compensation Guarantee Document with the +characteristics of the Space Activity that has been declared or will be declared. +2. the Applicant or the Operator shall submit a proposal for the Compensation Guarantee Document and all related information as required within the time specified by the Agency. +3. The Agency shall respond to the Operator within (14) fourteen days of receiving the +Compensation Guarant ee Document and all responses to any inquiries submitted by the +Agency to the Operator, either by accepting and proceeding with the Authorisation procedures or rejecting the proposal for the Compensation Guarantee Document, and the +reasons shall be mention ed. +4. Fail to respond within the period specified in the previous Clause shall be considered a +rejection of the proposed Compensation Guarantee Document. + +" +"telecommunication, technology and space",Cabinet Resolution No. (20) of 2023 Regarding the Regulatory Regulations to Ensure Compensation for Damage Caused to Others During the Exercise of Space Activities and Other Activities Related to the Space Sector (Liability Towards Third Pa,"Article (5) +Estimation of the Limitation of Compensation for Liability +1. The Agency shall evaluate the limit of liability compensation for the Applicant or the +Operator for each case separately, after evaluating the Space Activities and the level of +risks, taking into account the maximum possible losses and any other elements that the +Agency deems appro priate and relevant to estimating the limit of liability compensation. 2. Space Activities that do not constitute high- risk liability, a maximum limit of AED 250 +million shall be set. +3. In the case of Space Activities that the Agency considers to be class ified as high risk, the +Agency has the power to evaluate and set the limits of liability for compensation that differ +from those stipulated in Clause (2) of this Article. +4. When estimating the limit of compensation for liability for Space Activity during Authorisation procedures, the Agency shall take into account all factors it deems appropriate and relevant, which may vary according to the characteristics of Space +Activities, including the following: +a. The type, size and weight of the Space Object being launched or re -entered, including +other Payloads with it. +b. Type, characteristics and record of the Launch Vehicle or Re -entry “Return of the +Space Object”. +c. Register of the Operator and launch service provider or return to entry “Return of the +Space O bject”. +d. The planned path/orbit and flight path pattern of the Space Object. +e. The orbit of the Space Object, the frequencies used, and the extent of their crowding. +f. Compliance with the Agency Space Debris Mitigation Guidelines (as amended from +time to time) and the Space Object Disposal Plan. +g. Whether Space Activities consist of a single mission that includes several Space +Objects such as a satellite constellation. +h. Any other factors that affect the risk of accidents or incidents, including the ability to respond and support business management and continuity. + + + + + " +"telecommunication, technology and space",Cabinet Resolution No. (20) of 2023 Regarding the Regulatory Regulations to Ensure Compensation for Damage Caused to Others During the Exercise of Space Activities and Other Activities Related to the Space Sector (Liability Towards Third Pa,"Article (6) +Compensation liability +1. The Operator shall be responsible for compensating any third party who is exposed to +damage as a result of Space Activities carried out in accordance with this resolution, up to the +limit specified for his responsibility for compensation. +2. In case the Operator liability for damage resulting from the Space Activities he carries out exceeds the limit of compensation liability applicable to him, the Stat e, whether through the +Agency or any of the relevant affected parties, has the right to refer directly to the Operator and demand that he pay the compensation value in excess of the limit of compensation +liability. +3. In the event that a person carries out Space Activities without obtaining the required +Authorisation in accordance with the law and the Authorisation regulations, he will be responsible for the damages caused to a third party as a result of his practice of those activities, and his liability w ill be unlimited. + +" +"telecommunication, technology and space",Cabinet Resolution No. (20) of 2023 Regarding the Regulatory Regulations to Ensure Compensation for Damage Caused to Others During the Exercise of Space Activities and Other Activities Related to the Space Sector (Liability Towards Third Pa,"Article (7) +Required information +1. The Agency may request any information relevant to assessing the limit of liability and any +requirements for a Compensation Guarantee Document from the Applicant or the Operator. +2. The Agency may requ est any additional information after its approval of the Compensation +Guarantee Document proposal if it finds that the information provided is insufficient to +estimate the compensation limit for liability or the requirements of the Compensation +Guarantee D ocument. +3. The Agency may reject the Compensation Guarantee Document and similarly cancel any Authorisation issued to the Operator, in the event that the required information is not included in the form according to the Agency discretion. + " +"telecommunication, technology and space",Cabinet Resolution No. (20) of 2023 Regarding the Regulatory Regulations to Ensure Compensation for Damage Caused to Others During the Exercise of Space Activities and Other Activities Related to the Space Sector (Liability Towards Third Pa,"Article (8) +Exemptions +1. The Applicant or the Operator may submit a request to the Agency to exempt some Space +Activities or other activities related to the Space Sector from the requirements contained in +this resolution. The Agency may also, on its own initiative, e xempt these activities if the +activities fall into one of the following categories: +a. Space Activity contributes to the development of the State Space Sector. +b. The possibility of meeting the limits of liability under this resolution due to the new natur e +of Space Activities and the lack of appropriate Insurance Contract, provided that Space +Activities are authorised. +c. If the Agency decides that establishing liability obligations according to the nature of +Space Activities and the Operator may constitut e burdens on Space Activities. +d. Space Activities shall be for educational and research purposes and do not, according to the Agency assessment, represent significant risks to any third party or the State. +e. If the Agency or any other Government Entity in the State decides to be a guarantor to bear +any responsibilities. +2. By resolution of the Chairman of the Board of Directors, a Temporary Committee will be +formed to review the requests submitted regarding exempting the activities referred to in Clause ( 1) of this Article from the requirements contained in this resolution, in whole or in +part, and to take the necessary resolution regarding them, provided that the exemption does +not include submitting Compensation Guarantee Document. +3. The Applicant or th e Operator shall provide all information and justifications as required by +the Agency, if the Applicant applies for an exemption, in accordance with Clause (1) of this +Article. + + + " +"telecommunication, technology and space",Cabinet Resolution No. (20) of 2023 Regarding the Regulatory Regulations to Ensure Compensation for Damage Caused to Others During the Exercise of Space Activities and Other Activities Related to the Space Sector (Liability Towards Third Pa,"Article (9) +Other Compensation Guarantees +1. The Agency, in coordination with the relevant Government Entities in the State, may request +the Applicant or the Operator to provide a Compensation Guarantee Document for the use +and transfer of space nuclear energy sources or any other highly dangerous materials related +to the activity. +2. Obtaining a Compensation Guarantee Document by the Applicant or the Operator in +accordance with the provisions of this resolution shall not exempt the Applicant or the +Operator from obtaining any other guarantees that are required in accordance with the +provisions of any other legislation in which it applies. + +" +"telecommunication, technology and space",Cabinet Resolution No. (20) of 2023 Regarding the Regulatory Regulations to Ensure Compensation for Damage Caused to Others During the Exercise of Space Activities and Other Activities Related to the Space Sector (Liability Towards Third Pa,"Article (10) +Review and Audit of the Compensation Guarantee Document +1. The Operator shall inform the Agency, as soon as possible, of any changes in Space Activities +or other activities related to the Space Sector or the Operator (including any institutional +modifications that materially modify the nature of the Operator business, or any significant +investments in the Operator ownership structure and/or Space Obje cts subject to +Authorisation) for the purposes of enabling the Agency to evaluate whether, at any time, the +Compensation Guarantee Document originally accepted under this Resolution remains +sufficient and appropriate. +2. The Agency may conduct the necessar y audit of the Operator and request whatever relevant +information it deems appropriate, to evaluate the adequacy and validity of the Compensation +Guarantee Document. + + + + " +"telecommunication, technology and space",Cabinet Resolution No. (20) of 2023 Regarding the Regulatory Regulations to Ensure Compensation for Damage Caused to Others During the Exercise of Space Activities and Other Activities Related to the Space Sector (Liability Towards Third Pa,"Article (11) +Compliance and reconciliation +1. the Applicant or the Operator shall comply with the requirements of this resolution, including +providing the Agency with a Compensation Guarantee Document before starting any Space +Activities or activities related to the Space Sector. +2. Anyone who practices Space Activities or activities related to the Space Sector that may cause harm to third parties or lead to liability towards third parties shall cooperate with the Agency +regarding the assessment of risks related to existing activities, and shall reconcile in +accordance with the provisions of t his resolution within (6) six months from the date of its +implementation. +3. The Board of Directors may extend the reconciliation period for another period, provided that it does not exceed two years from the effective date of the provisions of this resolu tion. + +" +"telecommunication, technology and space",Cabinet Resolution No. (20) of 2023 Regarding the Regulatory Regulations to Ensure Compensation for Damage Caused to Others During the Exercise of Space Activities and Other Activities Related to the Space Sector (Liability Towards Third Pa,"Article (12) +Executive Resolutions +The Board of Directors shall issue the necessary Resolutions for implementation of the provisions +of this Resolution. + +" +"telecommunication, technology and space",Cabinet Resolution No. (20) of 2023 Regarding the Regulatory Regulations to Ensure Compensation for Damage Caused to Others During the Exercise of Space Activities and Other Activities Related to the Space Sector (Liability Towards Third Pa,"Article (13) +Publication and Entry into Force +This Resolution shall be published in the Official Gazette and shall be enforced after (90) ninety days as of the date of its publication. + +Mohammed bin Rashid Al Maktoum +Prime Minister + +Issued by Us: +Dated: March 13, 2023 +Corresponding to: 21/Shaaban/1444 H " +"telecommunication, technology and space","Cabinet Resolution No. (18) of 2023, Concerning the Regulations of Permits for Space Activities and Other Space Related Activities.","Article (1) +Definitions +In Application of the provisions herein, the following words and expressions shall have the +meanings ascribed thereto, unless the con text requires otherwise: +State : The United Arab Emirates. +State Territory : The State lands, territorial sea, and the Air Space above it, including free zones or any areas with a special economic status . + Cabinet Resolution No. (18) of 2023 , Regulations on the Authorisations of Space Activities and other Activities +Related to the Space Sector 2 + Government +Entities : Ministries, public authorities and institutions, and all other federal or local Government Agencies in the State . + +Agency : UAE Space Agency. +Board of Directors + : Board of Directors of the UAE Space Agency. +Chairman of +the Board of +Directors : Chairman of the Board of Directors of the UAE Space Agency. +Law : Federal Law No. (12) of 2019 Regulating the Space Sector. +Identified Area + : Any area eighty kilometres or more above the mean sea level. +Space Object : An object that a person makes, launches, or aims to launch into the or +from the Identified Area, whether manned or unmanned that shall +include: the constituent parts of the Space Object, its launch vehicle and +the parts thereof, including those that do not reach the Identified Area. +Payload : Everything that a space object carries with the aim of transporting it to a +specific destination within the Identified Area. It may include a satellite, +humans, equipment, goods, or others. +Damage : Losses of life, personal injury, or any other harm to health, or the loss or +damage that is caused to the property of the State, the property of +Persons, or the property of intergovernmental organisations. +Space +Activities : Activities that target the Identified Area, including its discovery, making +an impact thereon , using, or utilising it, in accordance with the provisions +of article (4) of this Law. +Other activities +related to the +Space Sector + : Activities that are carried out under the Identified Area and are related to space and aim to support Space Activities, such as High Altitude Activities +or Space -Supporting Flights. Cabinet Resolution No. (18) of 2023 , Regulations on the Authorisations of Space Activities and other Activities +Related to the Space Sector 3 + High Altitude +Activities : Activities that shall be above the range of air traffic control and lower +than the Identified Area. +Re-entry : The process of returning or attempting to return a Space Object from the +Identified Area, including stages and preparations necessary for its Re - +Entry of the Earth atmosphere, until it settles on the Earth. +Space - +Supporting +Flights : Any flight in the State airs pace, which cannot be described as a Launch +or Re -Entry activity and aims to support Space Activities and the related +experiments and training. +Operator : A person engaged in Space Activit ies, Space -Supporting Flights, High +Altitude Activities, Space Data management and distribution activities, or any other activities related to the Space Sector subject to this Law. +Launch : The process of launching or attempting to launch a Space Object int o or +through the Identified Area. This shall include all necessary preparations +and activities at the launch site, up to the stage of the load separation and +detachment from the head of the Space Object. +Space Data : Data that results from Space Activities, whether it is remote sensing data, +or navigation data using satellites, or others. +Meteorite : A natural mass or metal stone that is not man -made, reaching the Earth +from Outer Space without human intervention. +Authorisation : A document granted by the Agency to a Person and authorising him/it to +carry out the activities listed therein, including Licences, Authorisations +and Approvals, in accordance with the provisions of this Law. +Licence : One of the categories of Authorisation issued by the Agency to pract ice +Space Activities or other activities related to the Space Sector for +commercial purposes. +Permit : One of the categories of Authorisations issued by the Agency, which +allows it to perform Space Activities or other activities related to the +Space Sector, as authorised by the Agency. Cabinet Resolution No. (18) of 2023 , Regulations on the Authorisations of Space Activities and other Activities +Related to the Space Sector 4 + Approval +(Non - +Commercial +Licence) : One of the categories of Authorisation issued by the Agency to practice +Space Activities or other activities related to the Space Sector for +commercial purposes. +Authorised +Party : The Operato r who has obtained a Authorisation to perform his +activities in accordance with the provisions of this resolution. +Space Resources + : Any non -living resources present in outer space, including minerals and +water. +Compensation : Financial compensation that the Operator, the insurer (insurance +company), or any other guarantor shall pay directly to the third party +who was exposed to damage during the Operator practice of Space +Activity, or to pay it to the list of beneficiaries Identified in the +compensation guar antee in the event that they directly pay the required +compensation to the third party who was exposed to damage. In +accordance with the agreed upon provisions and procedures. +Compensation +Guarantee : The document submitted by the Operator to the Agency pro ving his +undertaking and ability, directly or through a guarantor or insurance +policy, to pay the limit of compensation for liability in case of harm to +others as a result of his practice or participation in implementing a +specific Space Activity. +Person : Natural or legal person. +Outer Space : The area above the Earth atmosphere. +Sounding rockets + : Research rockets that are used to obtain information about the +atmosphere at different altitudes. + + + + Cabinet Resolution No. (18) of 2023 , Regulations on the Authorisations of Space Activities and other Activities +Related to the Space Sector 5 + " +"telecommunication, technology and space","Cabinet Resolution No. (18) of 2023, Concerning the Regulations of Permits for Space Activities and Other Space Related Activities.","Article (2) +Scope of Application +Provisions of this Resolution shall be applicable to the following: +1. Space Activities or activities related to the Space Sector that are carried out in the territory of +the State or in facilities affiliated with the State outside the territory of the State. +2. Space vehicles or objec ts registered with the State. +3. Space Activities carried out by persons who hold the nationality of the State, or companies +that have a headquarters in the State. + +" +"telecommunication, technology and space","Cabinet Resolution No. (18) of 2023, Concerning the Regulations of Permits for Space Activities and Other Space Related Activities.","Article (3) +Regulated Activities +1. The following activities shall require a Authorisation from the Agency in accordance with the law, this resolution, and other regulations in force at the Agency. +2. Space Activities, which shall include the following: +a. Launch. +b. Return to entry “Return of the space object.” +c. Removing or disposing of a Space Object from the orbit. +d. Operating the Launch sites or Re -Entry “the return of Space Object ”. +e. Operating Space Objects, including monitoring and controlling them. +f. Satellite communication activities. +g. Activities of space navigation, remote sensing or Earth observation. +h. Space awareness activities (awareness of the space case, status, and surrounding +conditions), including monitoring and tracking of Space Objects. +i. Activities that include the discovery, exploitation, extraction and use of space resources, +whether for commercial, scientific or other purposes. +j. Providing logistical support services in Outer Space. +k. Exploring space or conducting space -related scientific experiments or participating in +astronomy activities. Cabinet Resolution No. (18) of 2023 , Regulations on the Authorisations of Space Activities and other Activities +Related to the Space Sector 6 + l. Manned Space -fligh ts, or long -term human residence in space, or the construction or use +of facilities in space or on the surface of Celestial Bodies, permanently or temporarily. +m. Manufacture, assembly, completion, development, testing, transportation, storage, trade +or di sposal of space technologies. +n. Any other Space Activities determined by a Cabinet resolution based on the proposal of +the Board of Directors. +3. Other Space Sector -related activities, shall include: +a. Space -Supporting Flights and High Altitude Activitie s that shall not be subject to Federal +Law No. (20) of 1991 above -mentioned, whether they are carried out in the State Territory +or include the participation of a flying aircraft or vehicle registered in the State. +b. Space Data management activities, whic h include receiving, storing, processing, +distributing, archiving or disposing of any Space Data. +c. Specialised training programmes related to space fields by non -governmental agencies. +d. Any other Space Sector -related activities determined by a Cabinet Resolution, upon the +proposal of the Board of Directors. + +" +"telecommunication, technology and space","Cabinet Resolution No. (18) of 2023, Concerning the Regulations of Permits for Space Activities and Other Space Related Activities.","Article (4) +Prohibiting the practice of Space Activities and other activities related to the +Space Sector without a Authorisation +1. Prohibiting the practice of Space Activities and other activities related to the Space Sector +without a Authorisation. +2. Prohibiting the practice of any of the activities listed in article (3) of this Resolution, or to +establish, use or own space facilities related to them without obtaining a Authorisation from +the Age ncy. + + + + Cabinet Resolution No. (18) of 2023 , Regulations on the Authorisations of Space Activities and other Activities +Related to the Space Sector 7 + " +"telecommunication, technology and space","Cabinet Resolution No. (18) of 2023, Concerning the Regulations of Permits for Space Activities and Other Space Related Activities.","Article (5) +Criteria for evaluating Authorisation Application +1. The Agency shall evaluate the Application for a Authorisation for Space Activities or other +activities related to the Space Sector according to the following: +a. Potential risks that may affect public health, safety, and property safety inside and outside +the State territory. +b. Protecting the interests and security of the State. +c. The general policy of the State and its foreign relations. +d. Obligations established under the legislat ion in force in the State, including those +established under relevant international treaties and agreements to which the State is a +party. +e. The environment and its protection, whether inside or outside the State territory, +including the outer space envir onment and the surfaces of other Celestial Bodies. +f. The competence, experience, and administrative, financial, and technical ability of the Applicant to implement the activities required to be declared, provided that the focus shall +be on the leadership competencies of the entity submitting the Application. +g. Providing a guarantee of appropriate compensation for liability for damages that may +befall others, which may arise from practising the activities required for a Authorisation, or any other guarante es provided by the Applicant and approved by the Agency. +h. The Applicant shall obtain Authorisations and Approvals from other Government Entities +related to the activity for which a Authorisation is required, inside or outside the State, +whenever necessar y. +i. The extent of the Applicant compliance with other national laws and regulations within +the State that may be applicable to the Space Activity to be declared. If the Applicant +carries out Space Activities in other countries, the Agency may request inf ormation and +evidence on the extent of the Applicant compliance with the laws and regulations +applicable in those countries, as they deem appropriate to evaluate whether to grant the +Authorisation. Cabinet Resolution No. (18) of 2023 , Regulations on the Authorisations of Space Activities and other Activities +Related to the Space Sector 8 + j. The Applicant compliance with the requirements of the g uidelines issued by the Agency +and the required periodic reports, including those on space debris mitigation. +k. Any other factors that the Agency deems appropriate to take into account in light of the +specific characteristics of the Applicant Application and the nature of the activities +requested to be Authorised. +2. When evaluating the Applicant fulfilment of the above -mentioned conditions, the Agency +shall take into account the nature of his work, the extent of his experience, and the nature of +the activ ity to be declared, and takes into account the probability of the risks related to the +activity occurring and their impact, as each case is evaluated separately during the Application process. + +" +"telecommunication, technology and space","Cabinet Resolution No. (18) of 2023, Concerning the Regulations of Permits for Space Activities and Other Space Related Activities.","Article (6) +Reviewing the Space Activities Authorisation Application +Upon the review of the Application, the Agency shall take into account the criteria stipulated in article (5) of this resolution, according to the following: +1. Review the activities to be carried out under the Authorisation, to ensure efficiency an d +rationalisation of the use of natural resources such as radio frequencies and satellite orbits, +emergency plans and risk safety measures, including any measures that can be taken to +mitigate these risks, in accordance with the requirements established within the State and any international obligations. +2. Evaluate the security and safety aspects of Space Activities or other activities related to the Space Sector, as the Agency deems appropriate, and it may request the Applicant to provide a security and s afety plan to deal with any exceptional cases that may occur during the launch +and Re -Entry of the space object, including measures to reduce negative impacts on the outer +space environment and mitigate the spread of space debris. In addition, the plan shall include +a mechanism to inform the Agency in case of exposure to any risks that affect or are likely to +affect Space Activities and other activities related to the Space Sector, and to provide the +Agency with any developments and changes that occur to th ese. Plans as soon as possible. Cabinet Resolution No. (18) of 2023 , Regulations on the Authorisations of Space Activities and other Activities +Related to the Space Sector 9 + 3. Review and ensure that the terms and conditions of the Authorisation for organising manned +Space Flights are met pursuant to the regulations related to these flights. +4. Review the arrangements to ensure compensation for damage caused to third parties during +the exercise of Space Activities (liability towards third parties). +5. Ensure the existence of the necessary commercial Licences to practice commercial activities +in the State, and evaluate the financial and administrative capabilities and expertise necessary +to practice Space Activities. +6. The Applicant shall make sure to obtain Authorisations and Approvals from other +Government Entities related to the activity for which a Authorisation is required, inside or +outside the State, whenever necessary. +7. Confirm the necessary technical and operational qualifications of any of the Applicant Employees concerned with Space Activities subject to regulation in accordance with this +resolution, and based on the information provid ed by the Applicant to the Agency. The +Agency may request further information about these employees, if it deems it necessary. +8. Ensure the existence of appropriate communication channels that ensure the Agency obtains information relevant to the activities subject to regulation in accordance with this resolution +and any update to this information, to enable the Agency to exercise its powers. + +" +"telecommunication, technology and space","Cabinet Resolution No. (18) of 2023, Concerning the Regulations of Permits for Space Activities and Other Space Related Activities.","Article (7) +Ensure compensation for damage caused to third parties during the exercise of +Space Activities (liability towards third parties). +The Operator who practices Space Activities or activities related to the Space Sector in accordance with the provisions of this resolution shall provide a guarantee for compensation for damage +caused to others during the exercise of Space Activities (liability towards third parties) in +accordance with the resolutions regulating it. + + Cabinet Resolution No. (18) of 2023 , Regulations on the Authorisations of Space Activities and other Activities +Related to the Space Sector 10 + " +"telecommunication, technology and space","Cabinet Resolution No. (18) of 2023, Concerning the Regulations of Permits for Space Activities and Other Space Related Activities.","Article (8) +Foreign Contracts and Participation +1. The Agency may request from the Authorised Party information related to his contracts with +local or foreign companies and their purpose. In doing so, it may request that it be provided +with copies of these contracts, for the purposes of ensuring compliance with the Authorised +Party obligations under this resolution without prejudice to the confidentiality of the +information. +2. In the event that the Authorised Party concludes any new contracts with local or foreign companies, and the Agency is not informed of them in advance, whether as part of the +Authorisation Application or process or at the request of the Agency, and these contracts have +a material impact on the operation of Space Activities as authorised by the Agency, the +Authorised Party shall as soon as practicable inform the Agency of the existence of these new +contracts. + +" +"telecommunication, technology and space","Cabinet Resolution No. (18) of 2023, Concerning the Regulations of Permits for Space Activities and Other Space Related Activities.","Article (9 ) +Space -Supporting Flight Activities and High Altitude Activities +1. Operators wishing to practice Space Flight Activities or High Altitude Activities carried out from the territory of the State or from its facilities outside the territory of the State or from a +ship, aircraft or any other means registered within the State or registered by it or carried out +by a person holding the nationality of The State or a company with a headquarters in the State shall obtain a Authorisation from the Agency, in accordan ce with the following conditions: +a. Compliance with the terms and conditions for issuing Authorisations pursuant to this +resolution and any other regulations in force at the Agency related to Space -Supporting +Flight activities or High Altitude Activities. +b. Provide proof that the primary purpose of practising the Space -Supporting Flight activities +for which a Authorisation is required is to support the practice of Space Activities, +including experimentation and training activity. Cabinet Resolution No. (18) of 2023 , Regulations on the Authorisations of Space Activities and other Activities +Related to the Space Sector 11 + c. Provide evidence of ob taining any required approvals from any other Government +Entities inside or outside the State as required to operate Space -Supporting Flight +activities or High Altitude Activities in a viable manner. +d. Submit any certificates or fulfil any requirements re lated to air traffic management. +2. The provisions stipulated in this resolution apply to the Authorisation issued under this +article, including renewing, amending, cancelling, transferring or suspending the +Authorisation, as well as providing information as requested by the Agency regarding any contracts with entities outside the State with which the Operator has contracted. And review +procedures to the extent appropriate to the nature of space support and High Altitude flight +activities. +3. The Agency sha ll, based on the technical assessment of the risks of the activities, evaluate the +extent to which the Agency shall request the Operator to provide a guarantee or obtain the +necessary insurance coverage to cover the risks of damage that may befall the Stat e and third +parties arising from Space -Supporting Flight and High Altitude Activities. +4. The Agency, upon granting a Authorisation for Space -Supporting Flight Activities and High +Altitude Activities which includes manned flight on board, shall ensure that the Applicant for +a Authorisation meets the following requirements: +a. A proof that the natural person is aware and well- informed of the risks associated with +the Space Flight; +b. The written consent of the natural person to carry out these trips and his acceptance of the risks associated with them; +c. A proof that the natural person has completed the necessary training and health fitness to take the Space Flight as determined by a resolution issued by the Board of Directors; +d. A proof that he has perform ed all necessary risk and safety assessments, and that there is +an appropriate emergency plan; and +e. Compliance with the legislation in force regarding civil aviation in the State. + Cabinet Resolution No. (18) of 2023 , Regulations on the Authorisations of Space Activities and other Activities +Related to the Space Sector 12 + " +"telecommunication, technology and space","Cabinet Resolution No. (18) of 2023, Concerning the Regulations of Permits for Space Activities and Other Space Related Activities.","Article (10) +Sounding Rockets +1. It is not permissible to carry out sounding Rocket launching activities except after obtaining a +Authorisation from the Agency. +2. The provisions of the Authorisations mentioned in this resolution shall apply if the Operator +or Applicant for the Authorisation, as the case may be, intends to launch a Sounding Rocket +in the Identified Area. +3. The terms and conditions for issuing Authorisations shall be adhered to in accordance with +the provisions of this resolution. +4. The Authorisation Applicant shall obtain any other Approvals or Authorisat ions required from +other Government Entities to practice the activity, including obtaining a Authorisation to use the State airspace or airspace from the General Civil Aviation Authority, before launching. +5. The provisions stipulated in this resolution shall apply to the Authorisation issued under this +Article, including renewing or amending the Authorisation, suspending, cancelling or +transferring the Authorisation, foreign contracts and review procedures to the extent that is +commensurate with the natu re of sounding Rocket launching activities. + +" +"telecommunication, technology and space","Cabinet Resolution No. (18) of 2023, Concerning the Regulations of Permits for Space Activities and Other Space Related Activities.","Article (11) +Authorisation for Space Activities +1. The Authorisations granted by the Agency to practice Space Activities or other activities +related to the Space Sector include each of the following categories: +a. Licence: It is granted to practice activities with the aim of providing commercial services and achieving financial returns. +b. Approval – Non -Commercial Licence: It is granted to Government Entities, academic or +research institutions to practice activities that do not aim to provide commercial services. +c. Permit: It is granted to carry out a specific activity without financial return to facilitate the implementation of the authorised activities for the person requesting Permit. Cabinet Resolution No. (18) of 2023 , Regulations on the Authorisations of Space Activities and other Activities +Related to the Space Sector 13 + d. Experimental Licence: It is granted to conduct an experiment or test of a specific space +technology or system without providing any services to achieve a financial return. +2. The Agency may issue a no -objection certificate to anyone who requests it to complete the +procedures f or obtaining any approvals or certificates from other parties. +3. The Agency may grant a Authorisation to the Applicant authorising him to carry out a specific +activity several times, provided that it is carried out in accordance with identical or similar +specifications and conditions, determined by the Agency. +4. The Agency may grant a Authorisation to Government Entities in the State that have multiple +Space Activities, without the need to obtain a special Authorisation for each activity within +the category, provided that the Agency notifies the Agency of each activity it carries out. +5. The Agency shall issue the Authorisations stipulated in this Article after the Applicant completes the Authorisation Application form and submits the required information and +documents, proof of his compliance with the Identified standards, and his acceptance of the +terms and conditions for that. + +" +"telecommunication, technology and space","Cabinet Resolution No. (18) of 2023, Concerning the Regulations of Permits for Space Activities and Other Space Related Activities.","Article (12) +Authorisation Application +1. The Authorisation Application shall be submitted in accordance with the form prepared by +the Agency, taking into account the conditions stipulated in this resolution or any other +conditions set by the Agency in this regard. +2. The Authorisation Application form includes the following basic information: +a. General information about the Applicant. +b. Financial information of the Applicant. +c. The Applicant approved and authorised contacts. +d. Details of the activity required to be authorised. +e. Any other party involved in implementing the activity for which Authorisation is required. +f. A risk management plan related to the activity for which Authorisation is required. +g. Authorisations and Approvals required from other parties. Cabinet Resolution No. (18) of 2023 , Regulations on the Authorisations of Space Activities and other Activities +Related to the Space Sector 14 + 3. The Applicant shall acknowledge the accuracy of the information provided. +4. The Agency shall respect the conf identiality of the information provided by the Applicant in +the Application. The Agency shall not share it with any person who is not involved in the +Authorisation procedures without the prior approval of the Applicant. + +" +"telecommunication, technology and space","Cabinet Resolution No. (18) of 2023, Concerning the Regulations of Permits for Space Activities and Other Space Related Activities.","Article (13) +Mechanism for granting Authorisations +1. The Agency shall review and evaluate the submitted Authorisation Application within five (5) +working days after all Authorisation requirements have been met. After completing its +evaluation, the Agency may also take the following: +a. App roval to grant the Authorisation, indicating its scope, duration, and the consequences +of its termination. +b. inform the Applicant of the necessity of fulfilling any additional requirements, approvals, +information or documents to issue the Authorisation within a period Identified in the +notification. +c. Refusal to grant Authorisation. +2. The Applicant shall fulfil the Authorisation requirements Identified by the Agency, including submitting approvals, information, and additional documents within the period Identified by +the Agency. If the Applicant does not comply with submitting them within the Identified period, the Application is considered cancelled, and a new Application shall be submitted +unless the Agency decides to accept the reasons. Delay. +3. If th e Agency refuses to issue the Authorisation or if it decides to amend the conditions of any +valid Authorisation, its resolution shall be reasoned and communicated to the Applicant. +4. The expiration of the period referred to in Clause (1) of this Article w ithout issuing the +Authorisation or requesting the completion of any additional information or documents from +the Applicant shall be considered a rejection of the Application. Cabinet Resolution No. (18) of 2023 , Regulations on the Authorisations of Space Activities and other Activities +Related to the Space Sector 15 + 5. The Authorisation Applicant shall not submit any false, misleading or incomplete data or +documents to the Agency in relation to the Authorisation Application subject to the provisions +of this resolution. +6. The Authorisation issued by the Agency includes the following: +a. Information of the Applicant or Authorised Entity. +b. The category and nature of the Authorisation. +c. The scope and duration of the Authorisation. +d. Terms and Conditions. +7. The Authorised Party shall inform the Agency of any developments or changes that may occur +after granting the Authorisation and related to the terms and conditions, the authorised +activities, or the conditions from which he is exempted for the purposes of obtaining the Authorisation. +8. The Agency may conduct periodic audits to ensure the extent of those authorised to comply +with the terms a nd conditions of the Authorisations granted to them. +9. The Agency may review its resolutions regarding granting, amending, transferring or +cancelling Authorisations, including exemption from the conditions for granting +Authorisations, and taking appropriate action. +10. Obtaining the Authorisation, in accordance with the provisions of this resolution, does not +exempt the Operator (or the Authorisation Applicant, as the case may be) from obtaining any +Authorisations, Licences or Approvals required by any other Government Agency to enable +them to carry out Space Activities in accordance with applicable legislation. + +" +"telecommunication, technology and space","Cabinet Resolution No. (18) of 2023, Concerning the Regulations of Permits for Space Activities and Other Space Related Activities.","Article (14) +Companies Incorporation +Any person wishing to incorporate a company or any company wishing to incorporate a headquarters in the State to practice Space Activities or other activities related to the Space Sector +shall obtain a prior No -Objection Certificate from the Agency, provided that the final Licence is Cabinet Resolution No. (18) of 2023 , Regulations on the Authorisations of Space Activities and other Activities +Related to the Space Sector 16 + issued by the local economic departments or the free zones administration or oth er concerned +parties. + +" +"telecommunication, technology and space","Cabinet Resolution No. (18) of 2023, Concerning the Regulations of Permits for Space Activities and Other Space Related Activities.","Article (15) +Authorisation to Provide Satellite Communication +Any person wishing to provide satellite communications activities shall obtain a prior No - +Objection Certificate from the Agency, provided that the final Authorisation is issued by the +General Authority for Regulating the Telecommunications and Digital Government Regulatory Authority in the State. + +" +"telecommunication, technology and space","Cabinet Resolution No. (18) of 2023, Concerning the Regulations of Permits for Space Activities and Other Space Related Activities.","Article (16) +Authorisation Renewal +1. If the Authorisation period expires, the Agency may renew it for another period, based on a +request submitted by the Authorised Party before the expiration of the Authorisation, and in +accordance with the terms of the Authorisation and the form prepared by the Agency. +2. The Agency shall issue its resolution to renew the Authorisation within a period not exceeding (30) thirty working days from the date of submitting the Application after completing all +requirements and information. + +" +"telecommunication, technology and space","Cabinet Resolution No. (18) of 2023, Concerning the Regulations of Permits for Space Activities and Other Space Related Activities.","Article (17) +Authorisation Amendment +1. The Agency may amend the Authorisation in any of the following two cases: +a. Based on the desire of the Authorised Party and in accordance with article (5) of this resolution. +b. Based on the approval of the Authorised Party, and for the purposes of complying with +any new conditions or requirements imposed by the Agency pursuant to any resolution +issued by it. Cabinet Resolution No. (18) of 2023 , Regulations on the Authorisations of Space Activities and other Activities +Related to the Space Sector 17 + 2. The Agency shall issue its resolution to amend the Authorisation, after taking into account the +minimum necessary to ensure the Authorised Party continued compliance with the terms and +conditions of the Authorisation. +3. The Authorised Party shall bear any costs that may result from amending the conditions or +requirements for amending the Authorisation under this Article. + +" +"telecommunication, technology and space","Cabinet Resolution No. (18) of 2023, Concerning the Regulations of Permits for Space Activities and Other Space Related Activities.","Article (18) +Authorisation Assignment +1. The Authorised Party may waive the Authorisation after obtaining written approval from the Agency. +2. When issuing approval to assign the Authorisation, the Agency shall take into consideration that the assignee fulfils the terms and conditions of the Authorisation in accordance with the provisions of this resolut ion, and any other procedures required for assignment to persons +outside the State, including ensuring continuity of compensation coverage for any liability that the State may incur against others. +3. The Agency shall issue its approval for the assignment after paying any prescribed fees. +4. The Authorisation Assignment shall not exonerate any Operator from any obligation or +liability established prior to the date of the assignment. +5. Without prejudice to the criminal liability, it is forbidden to assign t he Authorisation +Assignment except with the approval of the Agency. The liability shall be joint between the +Assignee and the Assignor in case of violation thereof. + +" +"telecommunication, technology and space","Cabinet Resolution No. (18) of 2023, Concerning the Regulations of Permits for Space Activities and Other Space Related Activities.","Article (19) +Exemption from the Conditions +1. By resolution of the Chairman of the Board of Directors, a temporary committee may be +formed to exempt the Operator from any conditions or controls related to the Authorisation +if the activities required for Authorisation are of great importance that contribute to the Cabinet Resolution No. (18) of 2023 , Regulations on the Authorisations of Space Activities and other Activities +Related to the Space Sector 18 + qualitative development of Spa ce Activities within the State or bring noticeable economic or +social benefits to the State. +2. If the Operator is exempted from any of the terms and conditions necessary to obtain +Authorisation in accordance with the provisions of this resolution, the Ope rator shall fulfil the +following: +a. Obtain any required approvals from any other Government Agency before issuing the +Authorisation. +b. Provide a guarantee of compensation that is explicitly approved by the Agency. + +" +"telecommunication, technology and space","Cabinet Resolution No. (18) of 2023, Concerning the Regulations of Permits for Space Activities and Other Space Related Activities.","Article (20) +Suspending or cancelling the Authorisation +The Agency may suspend or cancel the Authorisation in case of the Authorised Party violates the terms and conditions of the Authorisation contained in the law, this resolution, or other +regulations applicable to the Agency, in accordance with the resolution of the Cabinet regulating +violations and administrative penalties resulting from violating the legislation regulating Space +Activities. + +" +"telecommunication, technology and space","Cabinet Resolution No. (18) of 2023, Concerning the Regulations of Permits for Space Activities and Other Space Related Activities.","Article (21) +Measures of Security and Safety +1. The relevant Government Entities, in coordination wit h the Agency, may order the suspension +of Space Activities or activities related to the Space Sector, or take the necessary and possible +measures, if they deem it appropriate, including the operation and control of the space object, +aircraft, or other vehicles supporting space, in the event that Any threat to national security, +or the presence of serious risks to health or public safety, and intervention under this clause +is without prejudice to any fines or penalties imposed on the Authorised Party who vio lates +the provisions of the Authorisation or this resolution. +2. The Agency may request the Operator, in case of national emergencies and crises, to implement certain activities related to the nature of his work that support the management Cabinet Resolution No. (18) of 2023 , Regulations on the Authorisations of Space Activities and other Activities +Related to the Space Sector 19 + of these emergen cies and crises, in accordance with the available capabilities and cooperation +agreements between the Agency and the Authorised Party. + +" +"telecommunication, technology and space","Cabinet Resolution No. (18) of 2023, Concerning the Regulations of Permits for Space Activities and Other Space Related Activities.","Article (22) +Appeal against Agency Resolutions +1. The Authorisation Applicant or Authorised Party may file appeal agains t any Resolution +issued by the Agency in accordance with the provisions of this resolution, within (30) thirty +days from the date of his notification of the resolution. +2. The Appeal shall be submitted to the Chairman of the Board of Directors, provided th at it is in +writing and accompanied by supporting documents. +3. The Appeal shall be decided within (90) ninety days as of the date of its submission by a +grounded resolution issued by the Board of Directors. The lapse of the aforementioned period +without any response to the Appeal shall be considered a rejection thereof. +4. The resolution issued on the Appeal shall be final. + +" +"telecommunication, technology and space","Cabinet Resolution No. (18) of 2023, Concerning the Regulations of Permits for Space Activities and Other Space Related Activities.","Article (23) +Geospatial data +Coordination regarding geospatial data resulting from other activities related to the Space Sector +and me ntioned in Clause (3B) of article (3) of this resolution shall be made with the Federal +Centre for Geographic Information. + +" +"telecommunication, technology and space","Cabinet Resolution No. (18) of 2023, Concerning the Regulations of Permits for Space Activities and Other Space Related Activities.","Article (24) +Reconciliation +1. Anyone who practices Space Activities or other activities related to the Space Sector shall, +before i mplementing the provisions of this resolution, reconcile in accordance with the +provisions of this resolution within (6) six months from the date of its implementation. +2. The Board of Directors may extend the reconciliation period for another period, prov ided that +it does not exceed two years from the effective date of the provisions of this resolution. Cabinet Resolution No. (18) of 2023 , Regulations on the Authorisations of Space Activities and other Activities +Related to the Space Sector 20 + +" +"telecommunication, technology and space","Cabinet Resolution No. (18) of 2023, Concerning the Regulations of Permits for Space Activities and Other Space Related Activities.","Article (25) +Executive Resolutions +The Board of Directors shall issue the necessary Resolutions for implementation of the provisions +of this Resolution. + +" +"telecommunication, technology and space","Cabinet Resolution No. (18) of 2023, Concerning the Regulations of Permits for Space Activities and Other Space Related Activities.","Article (26) +Publication and Entry into Force +This Resolution shall be published in the Official Gazette and shall be enforced after (90) ninety days as of the date of its publication. + + + + + + + + + + +Mohammed bin Rashid Al Maktoum +Prime Minister + +Issued by Us: +Dated: Mar ch 13, 2023 +Corresponding to: 21/Shaaban/1444 H " +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (1) +In this Decree -Law the following words and expressions shall have the meaning set out +opposite unless the context shall require otherwise: +Telecommunications Fed. Dec 3 of 2003 2 + UAE : United Arab Emirates +Government : Government of the United Arab Emirates +Government Entities : Federal ministries, local departments and public authorities, +entities, corporations and agencies which are subject to +Government control including the Armed Forces, Police and +State Security Forces but excluding commercial companies +and establishments even if the Government owns the +company or establishment or holds an interest therein +High Committee : Committee appointed to oversee the telecommunications +sector in accordance with article (2) of this Decree -Law +Authority : The General Authority for Regulating the +Telecommunications Sector and the Digital Government +Board : Board of Directors of the Authority +Chairman of the Board : Chairman of the Board of Directors of the Authority +Members of the Board : Persons appointed as Members of the Board in accordance +with this Decree -Law +General Manager : General Manager of the Authority +Implementing Regula- +tions : Implementing Regulations issued in accordance with this +Decree -Law +Regulated Activities : Operating a public telecommunications network and +providing telecommunication services to subscribers in +addition to any other activities the High Committee specifies +in accordance with this Decree -Law +Licencees : ETISALAT and corporate entities to which the High Committee +grants licences in accordance with this Decree -Law and its +implementing regulations +Licence : Authorisation issued in accordance with this Decree -Law and +its implementing regulations, permitting the Licencee to carry +on any of the regulated activities +Telecommunications Fed. Dec 3 of 2003 3 + Interconnection : Linking of electronic communications networks used by the +same or a different undertaking in order to allow the users of +one undertaking to communicate with the users of the same +or another undertaking, or to access services provided by +another undertaking +Interconnection Agree- +ment : Agreement by which interconnection is established in +accordance with the guidelines and terms issued by the +Authority +Telecommunications +Network : System consisting of on e or more communications +equipments or devices that transmit, broadcast, convert, or +receive a telecommunications service by electrical, magnetic, +electromagnetic, electrochemical or electromechanical means +or other means of communication +Public Telecommunica- +tions Network : Telecommunications network through which public +telecommunications services are provided to subscribers by +Licencees in accordance with this Decree -Law +Private Telecommunica- +tions Network : Telecommunications network operated strictly for the benefit +of a certain entity or group of entities under a single +ownership in order to serve their own particular needs +Telecommunications +Services : Delivering, broadcasting, converting or receiving, through the +Telecommunications Network, the following: +1. Wire and wireless communications +2. Voice, music and other audio material +3. Viewable images +4. Signals used for transmission with the exception of public +broadcasts +5. Signals used to operate and control any machinery or +equipment +6. Installing, maintaining, adjusting, repairing, replacing, +Telecommunications Fed. Dec 3 of 2003 4 + moving or removing equipment that will be linked to or +interconnected within a public telecommunications +network +7. Constructing, maintaining and operating telegraph, +telephone and telex networks, local and international +leased circuits and data transmission services, the Internet +and wireless transmission services +8. Any other telecommunications services approved by the High Committee Telecommunications services do not +include public broadcasts +Public Telecommunica- +tions Services : Any telecommunications service generally provided to +subscribers or to a group of subscribers for a fee +Wireless Transmission : Sending and receiving electromagnetic energy that can be +used to deliver information, messages, voice and visible +images or to operate or control machinery or equipment +Telecommunications +Equipment : Equipment that is manufactured or designed to send, receive +and deliver telecommunications services through a dedicated +telecommunications network +ETISALAT : Emirates Telecommunications Corporation regulated by +Federal Law No. 1 of 1991 regarding the Emirates +Telecommunications Corporation +Private Land : Land owned, granted or leased to an entity other than a +Government entity +Public Land : Any land, other than private land, which is under the control +or ownership of a Government entity + + + + +Telecommunications Fed. Dec 3 of 2003 5 + Part Two +High Committee Overseeing the Telecommunications Sector +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (2) +A committee called the ""High Committee Overseeing the Telecommunications Sector"" shall +be set up to oversee the telecommunications sector. The Committee shall be comprised of 3 +members, including the Chairman, and shall represent the office of the President of the UAE +and the office of the Vice -President of the UAE and Ruler of Dubai and the Cabinet. The +members shall be appointed by federal decree and shall be paid remuneration for serving as +members on the Committee. The High Committee shall have all the powers necessary to +carry out its functions under this Decree -Law. + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (3) +The High Committee shall in particular: +1. Issue the implementing regulations of this Decree -Law +2. Determine the overall policy of the telecommunications sector in the UAE and oversee +its enforcement +3. Issue general directives and instructions on matters relating to the telecommunications +sector in the interest of national security or international relations +4. Issue decisions, rules, regulations and directives for the enforcement of this Decree -Law +and its implementing regulations including decisions approving the establishment of +corporate entities that intend to operate in the telecommunications sector, fixing fees for +the services and facilities that will be provided to Licencees and determining the authority responsible for collecting such fees +5. Issue, renew, cancel and suspend licences in accordance with this Decree -Law and its +implementing regulations +6. Fix fees for the licences it issues +7. Fix fees for permits, approvals and services which the Authority will secure or provide in accordance with this Decree -Law or its implementing regulations +8. Other functions entrusted to it under this Decree -Law +Telecommunications Fed. Dec 3 of 2003 6 + 9. The High Committee may delegate some of its functions to the Authority + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (4) +The High Committee will be allocated appropriate funds in the State Budget in order to meet +its financial requirements and obligations. + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (5) +The High Committee shall decide upon internal regulations for its activities and the conduct of its meetings as well as conditions, provisions, and the remuneration payable to assisting +staff. The High Committee is not subject to audit requirements enforced by the State Audit +Institution under the law establishing it. + +Part Three +The General Authority for Regulating the Telecommunications Sector and +the Digital Government +Section One +Establishment of the Authority +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (6) +An independent authority called the ""The General Authority for Regulating the +Telecommunications Sector and the Digital Government"" shall be established to carry out +the responsibilities and functions entrusted to it under this Decree -Law and its +implementing regulations. + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (7) +The Authority shall have an independent legal personality with full authority and capacity to perform legal acts in accordance with this Decree -Law, including the capacity to contract, +acquire and lease movable and immovable assets and sue. The Authority shall enjoy financial and administrative independence with respect to all its affairs. +Telecommunications Fed. Dec 3 of 2003 7 + " +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (8) +The Authority shall have its headquarters in Abu Dhabi and a branch office in Dubai. The +Board of Directors may open other offices inside the UAE. +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (9) +The Authority shall conduct its activities in accordance with this Decree -Law and its +implementing regulations. The Authority shall have the power to issue regulations +pertaining to financial and administrative matters, contracts and purchases, staff and staff +disciplinary procedure without having to comply with the applicable laws, decisions, rules +and regulations of the Government. + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (10) +The Authority shall be managed by a Board of Directors consisting of 5 members, including the Chairman and General Manager. The High Committee shall appoint each member for a +4 year term and his appointment may be renewed for further terms of 4 years by the same +instrument of appointment. + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (11) +The High Committee may decide to remove a Director prior to the end of his term of office for any of the following reasons: +1. The Director has been convicted of a felony or misdemeanour that constitutes a breach +of honour or trust +2. Disciplinary reasons +3. Inability to perform his duties due to health reasons + +Section Two +Functions, Powers and Responsibilities of the Authority +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (12) +The Authority is responsible for overseeing the telecommunications sector and Licencees in +accordance with this Decree -Law and its implementing regulations and the directives issued +Telecommunications Fed. Dec 3 of 2003 8 + by the High Committee. The Authority shall make appropriate recommendations to the High +Committee about the general policy of the sector. At the end of each financial year the +Authority shall submit to the High Committee a report on its activities during the preceding +year + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (13) +When carrying out its functions in accordance with this Decree -Law and its implementing +regulations, the Authority shall strive to attain the following objectives: +1) Provide the widest possible range of nationwide telecommunications services to those +who desire them +2) Ensure that the telecommunications sector provides high quality and efficient services to +subscribers +3) Ensure that Licenees comply with performance quality standards and satisfy the terms of +their licences +4) Foster, promote and develop the telecommunications and information systems industry +in the UAE +5- Work towards developing and modernising telecommunications systems in the UAE +through establishing a training and qualification system as well as relevant educational institutes and procuring the needed technology and state of the art equipment and facilities +related to telecommunications + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (14) +Subject to Articles (3) and (12) of this Decree -Law the Authority shall be solely responsible +for issuing regulations, directives, decisions and guidelines in relation to the following: +1. Charges and fees collected by Licencees in the manner directed by the High Committee +2. All matters related to use and interconnection within telecommunications networks, telecommunications services provided by Licencees and Licencees' rights to use +resources and to request right to share essential infrastructure including terms related to +the costs of interconnection and the right to use and share resources and time slots, rules +Telecommunications Fed. Dec 3 of 2003 9 + governing the negotiation and completion of agreements between those concerned with +the above matters and rules for the resolution of disputes between the parties to such +agreements +3. Terms and standards of services provided to subscribers by Licencees including, quality +assurance standards for services and terms regarding the provision of services and the +resolution of subscribers' complaints and disputes, subscriber information access, use of +information by subscribers and subscriber billing +4. Specifications of the equipment used by Licencees including technical standards and +classes of equipment +5. Importing, manufacturing, using and operating telecommunications equipment and +approvals concerning such equipment +6. Devising a numbering plan that establishes a framework for the allocation and +portability of numbers +7. Frequency spectrum allocated to the telecommunications sector under this Decree -Law +including the allocation, reallocation and use of such frequencies +8. Terms for providing, setting up and operating directory assistance +9. Guidelines on preventing the ""jamming"" of telecommunications in the UAE by radio and electrical signals and other means +10. Qualifying persons to install, connect, modify and service telecommunications +equipment +11. Publication of notices related to telecommunications equipment +12. Other responsibilities that may be entrusted to it by the High Committee +13. Proposing and preparing strategies, policies and legislation related to the integrated digital development of the Emirates' Government, including digital networks, systems, +programmes, services and platforms; and monitoring the implementation of these +following their approval by the Cabinet. +14. Proposing, preparing and implementing systems and guides related to digital +government services, including the standards of usage and optimisation for information +technology and telecommunications projects by federal government bodies. +Telecommunications Fed. Dec 3 of 2003 10 + 15. Coordinating programmes and projects of the Emirates' Government in the field of +technology and digital development, and providing technical advice to the various +federal government bodies to ensure an advanced digital environment. +16. Preparing, implementing and managing programmes and projects of digital +transformation for services of the Emirates' Government in coordination with certain +bodies, and in accordance with the best scientific practices of designing, developing and +providing the services. +17. Establishing and managing the dig ital governmental enablers including the systems, +networks and digital governmental infrastructure of the Federal Government – in +accordance with the best advanced technical solutions, programmes and specifications +– so as to enhance the efficiency and effectiveness of the Federal Government's digital +systems and programmes, and to support integration and interconnection between the +different systems. +18. Establishing technical standards and specifications for the digital government and filing +reports to the Cabinet on the extent to which the federal government bodies comply +with these standards and requirements, so as to enhance efficiency and integration. +19. Coordinating with certain bodies in the State to ensure that the digital governmental +systems and enablers, the networks, and the digital governmental infrastructure of the +Federal Government comply with the standards and requirements, so as to enhance their readiness to address and meet risks and threats. +20. Developing and implementing governmental programmes to improve the quality and efficiency of digital governmental services, and the provision of an exceptional and +seamless customer experience. +21. Developing and implementing an integrated system to monitor and evaluate the performance of the digital services of the Emirates' Government in order to improve the +quality and efficiency of the services, and the provision of an exceptional and seamless +customer experience. + + +Telecommunications Fed. Dec 3 of 2003 11 + Section Three +Financial Affairs +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (15) +The financial year of the Authority shall be from 1st January to 31st December in each year. +The first financial year of the Authority shall begin on the date on which this Decree -Law +takes effect and end on the 31st of December of the next following year + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (16) +The Authority shall have an independent budget. The High Committee shall issue the budget for the first financial year and the General Manager shall prepare the budget for each +subsequent year for it to be approved by the Board of Directors then issued by the High +Committee + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (17) +The financial resources of the Authority consist of the following: +1. Allocations made to the Authority in the State Budget +2. Fees the High Committee charges for licences in accordance with this Decree -Law, its +implementing regulations and regulations issued pursuant thereto +3. Fees the High Committee charges for services which the Authority provides and permits +and approvals it grants in accordance with this Decree -Law, its implementing regulations +and the decisions of the High Committee +4. Other revenue derived from the activities of the Authority +5. Other financial resources approved by the High Committee + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (18) +The Authority shall collect the fees the High Committee charges for the licences the High +Committee issues and the permits, approvals and services the Authority grants and provides +in addition to fees payable for frequency spectrum + +Telecommunications Fed. Dec 3 of 2003 12 + " +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (19) +The Authority may, with the approval of the High Committee, borrow funds from the +Government, banks and financial institutions in the UAE and elsewhere. The Authority has +the right to issue debentures and loan agreements according to the terms specified by the +Board of Directors pursuant to the decision of the High Committee + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (20) +The Authority may undertake investments in the forms approved by the Board of Directors + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (21) +The Authority and its activities shall be exempt from all taxes and Government fees + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (22) +The Authority is not subject to audit requirements enforced by the State Audit Institution +under Federal Law No. (7) of 1976, as amended. The State Audit Institution shall have no +involvement or concern with the day to day activities of the Authority, the resolutions of its +Board of Directors and the policies which the High Committee decides and the Authority +enforces + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (23) +1. The Board of Directors shall appoint an independent auditor, registered with the +relevant authorities in the UAE, to audit the Authority's accounts and prepare an audit +report +2. Once approved by the Board of Directors, the Authority shall submit a copy of its audited +accounts to the High Committee together with the auditor's report + + + +Telecommunications Fed. Dec 3 of 2003 13 + Part Four +Reorganisation of the Telecommunications Sector +Section One ETISALAT +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (24) +ETISALAT no longer has the only monopoly on delivering wire and wireless communications +and operating, maintaining and developing the public telecommunications system in the +UAE and providing such communication services between the UAE and other countries, +which it had originally been granted by article (4) of Federal Law No. (1) of 1991 regarding the Emirates Telecommunications Corporation. The High Committee shall be responsible for +levying and revising the fees which are payable to the Government for services and facilities +provided by ETISALAT in accordance with the applicable laws, regulations and decisions in +force at the date of issue of this Decree -Law + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (25) +Subject to any applicable transitional provisions in this Decree -Law, ETISALAT may not carry +out functions formerly exercised under Federal Law No. (1) of 1991 regarding the Emirates Telecommunications Corporation which conflict with the powers, functions and +responsibilities of the High Committee or the Authority referred to in this Decree -Law and +its implementing regulations + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (26) +The Ministry of Finance & Industry shall, at the date on which this Decree -Law comes into +force, assume the responsibility of representing the Government as shareholder in +ETISALAT. The Ministry of Finance & Industry shall have all the powers necessary to carry +out its responsibilities. The Minister of State for Finance & Industry shall, at the date on which this Decree -Law comes into force, assume the position of Chair of the Board of +Directors of ETISALAT and the High Committee shall appoint 5 Government representatives +to serve on ETISALAT's Board of Directors + +Telecommunications Fed. Dec 3 of 2003 14 + " +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (27) +ETISALAT shall, within 90 days from the date on which this Decree -Law comes into force, +amend its Articles of Association and the regulations incorporated within as necessary to be +consistent with this Decree -Law and any regulations or decisions issued by the High +Committee + +Section Two +Licenced Corporate Entities + " +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (28) +The High Committee shall decide upon the classes of regulated activities for which licences +may be issued and the criteria that must be met by applicants +A licence may only be issued to a corporate entity that has been set up under a decision +issued by the High Committee. The corporate entity may, after obtaining the approval of the High Committee, set up subsidiaries to engage in specific regulated activities + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (29) +Save for the provision granting UAE nationality to companies incorporated in the UAE, the provisions of Federal Law No. (8) of 1984 regarding commercial companies, as amended or +replaced, shall not apply to corporate entities which are licenced in accordance with this +Decree- Law to the extent of matters specifically provided for in their memoranda and +articles of association approved by the High Committee. The relevant authorities shall handle the process of registering those entities + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (30) +Licencees shall accommodate special needs and requirements by contributing to the provision of such telecommunications services and equipment and ensure +non -discrimination when providing the same + + +Telecommunications Fed. Dec 3 of 2003 15 + " +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (31) +Regulated activities may only be carried out after obtaining a licence or exemption in +accordance with this Decree -Law or its implementing regulations + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (32) +The High Committee shall determine the form and content of licences issued in accordance with this Decree -Law. Licences are required to contain information on the duration of their +validity and any mandatory terms designated by the High Committee + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (33) +The licence application should be filled out using the standard form and submitted to the +Authority as soon as complete and all the information required by the High Committee is +attached. The Authority will review the application and forward the results of its review and recommendations to the High Committee within 30 days of submission + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (34) +The High Committee will then decide whether or not to grant a licence to the applicant. The +Committee's decision will be final and binding on the applicant. The decision may not be +contested by appeal or any other process + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (35) +The licence granted under this Decree -Law shall not exempt the Licencee from +obtaining such licences and permits as may be required by any other Government entity to +enable the Licencee to commence activity + + + + +Telecommunications Fed. Dec 3 of 2003 16 + Section Three +Exemptions + " +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (36) +The High Committee may, at its discretion: +1. Exempt a Licencee from the requirement to comply with the conditions of his licence for +a specific period of time according to the terms stated in the exemption decision +2. Grant some or all Licencees or Licencees of a particular category the benefit of a general exemption from the requirement to comply with the conditions of their licences for a specific period of time under such terms as stated in the exemption decision +3. The High Committee may revoke, amend or extend any special or general exemption granted under this Article + + " +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (37) +1. Individuals and corporate entities, including Government entities, shall not be allowed to provide telecommunications services through public telecommunications networks to +customers and subscribers without having first obtained a licence from the High +Committee in accordance with this Decree -Law. The guidelines on constructing and +operating private telecommunications networks shall be explained in the implementing regulations and the decisions of the High Committee +2. Persons covered by the preceding paragraph must comply with the conditions and +requirements related to the use of frequencies allocated to them under this Decree -Law + +Part Five +Networks, Equipment & Numbering +Section One +Network Interconnection & Resource Sharing +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (38) +The Authority shall do all things necessary to facilitate the interconnection of +Telecommunications Fed. Dec 3 of 2003 17 + telecommunications networks and ensure that the parties concerned comply with the +interconnection agreements. The Authority shall have all the powers necessary to carry out +this task + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (39) +1. Any dispute arising between parties to an interconnection agreement shall be referred to the Authority by one party for its final determination +2. The Authority shall resolve disputes referred to it under this Article in the manner +described in the implementing regulations + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (40) +1. A Licencee may request the Authority to determine any dispute that arises between him +and another Licencee regarding shared resources and infrastructure. The Authority shall +then determine the dispute +2. The Authority may conduct an appropriate investigation and request any information it deems to be essential for determining a dispute referred to it under this Article +3. The Authority's decision with regard to the dispute may prescribe steps for the parties to +follow or specify the conditions which the Licencee may include in resource share +proposals or require either party or both to conclude a resource sharing agreement +according to the terms specified in the decision +4. The Authority's decision shall be final and binding on all the parties + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (41) +ETISALAT and its affiliated entities shall, at the request of the Authority, provide connections to Licencees who seek interconnection and shared access to telecommunication resources +and infrastructure at the most convenient interconnect point specified by the Authority, in a +fast, efficient and economical manner. The Authority shall in particular: +1. Comply with regulations, directives and licencing conditions concerning interconnection +and resource and infrastructure sharing issued pursuant to this Decree -Law or its +Telecommunications Fed. Dec 3 of 2003 18 + implementing regulations +2. Offer and provide interconnection and shared access to telecommunications resources +and infrastructure at today's most favourable terms and conditions including those +related to cost and quality unless otherwise provided in regulations issued pursuant to this Decree- Law and its implementing regulations +3. Provide the facilities, resources and information required for interconnecting and sharing infrastructure to Licencees and their affiliated companies under conditions and quality standards equivalent to those ETISALAT provides to itself or to its affiliated +entities or companies + +Section Two +Equipment Permits +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (42) +The Authority will be solely responsible for issuing permits and licences for telecommunications equipment that is part of the telecommunications network or is used +within the network or used to provide telecommunications services, as further described in +the implementing regulations of this Decree -Law and the directives issued to the Authority +by the High Committee +Telecommunications equipment may not be used, sold, offered for sale or linked to any +telecommunications network except with the permission of the Authority + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (43) +Government entities in the UAE shall be exempt from the requirement to obtain a permit from the Authority in order to use telecommunications equipment + +Section Three +Numbering Administration +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (44) +The Authority shall distribute line switches, telephone numbers and supported functions to +Telecommunications Fed. Dec 3 of 2003 19 + Licencees in accordance with this Decree -Law and its implementing regulations and the +conditions laid down by the Authority in a decision taken after obtaining the approval of the +High Committee + +Part Six +Regulation & Distribution of Frequencies +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (45) +The Ministry of Communications shall allocate sufficient and adequate frequency spectrum +to meet the demand by existing and new telecommunication service providers + + " +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (46) +The High Committee shall appoint a committee to be known as the ""Coordination Committee."" The Committee will be chaired by the General Manager and its membership +will be made up of representatives from: +1. Ministry of Communications +2. Ministry of Information & Culture +3. Ministry of Interior +4. Armed Forces +5. State Security Forces +6. Civil Aviation Authority +7. The Authority +The Coordination Committee is solely responsible for developing a national frequency plan +for telecommunication services and submitting the plan to the High Committee for +approval. The Committee shall achieve this objective through measures aimed at making +effective, efficient and prudent use of the frequency spectrum without causing harmful +""jamming"" or interference. The Ministry of Communications or the Authority may, from time +to time, ask the Coordination Committee to revise and modify the plan as necessary + + +Telecommunications Fed. Dec 3 of 2003 20 + " +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (47) +The national frequency plan must be consistent with international regulations related to +utilisation of frequency spectrum and international and regional conventions to which the +UAE is party. The key aims of the national frequency plan shall be as follows: +1. Providing an orderly method for allocating frequency bands to provide +telecommunications services through telecommunications networks, based on a +recommendation from the High Committee +2. Adjusting in the distribution of spectrum among existing users in order to allow for the +development of new services +3. Reallocating frequency spectrum upon the expiry of frequency spectrum permits and +licences + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (48) +The Authority shall allocate the frequency spectrum used to deliver telecommunications +services in accordance with the national frequency plan and in the manner set out in the +procedure and guideline regulations issued by the Authority + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (49) +The Authority shall, within a period of 9 months after this Decree -Law has come into force +and after notifying the Ministry of Communications and the Coordination Committee, prepare and publish a plan for the reallocation of the frequency spectrum used to provide +telecommunications services among existing Licencees + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (50) +No person may establish or use a wireless transmission station or install or use a wireless transmission device without first obtaining a frequency spectrum licence from the Authority +in accordance with this Decree -Law, its implementing regulations or the regulations and +directives of the Authority +Telecommunications Fed. Dec 3 of 2003 21 + " +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (51) +A person who is applying for, or seeking to renew a frequency spectrum licence, shall pay +the fee specified in this Decree -Law, its implementing regulations, or the decisions, +regulations or directives issued pursuant thereto + +Part Seven +Operation and Protection of Telecommunications Networks and Lines +Section One +Network Operation +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (52) +Government entities shall grant persons licenced to operate public telecommunication networks within their respective jurisdictions, the right to freely occupy and use public land +including the right of way and entry on public land, to enable them to carry out the activities +specified in their licences. These rights consist of the right to: +1. Erect buildings and other installations +2. Install equipment +3. Assemble, lay out, upgrade and maintain public telecommunications networks and place +and lay out telecommunications cabling above or beneath the ground surface + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (53) +article (52) of this Decree -Law does not apply to public lands occupied by Government +entities and designated by the High Committee + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (54) +A person licenced to operate a public telecommunications network may, after obtaining +permission from the High Committee based on the coordinated advice of the relevant +Government Entities, remove or relocate trees and other plants in the following +circumstances: +Telecommunications Fed. Dec 3 of 2003 22 + 1. Where it is difficult or impossible for the Licencee to install or service overhead cabling +2. Where the path of transmission or reception of signals by the Licencee's equipment will +be materially obstructed +3. Where the Licencee will be hindered or prevented from assembling, upgrading or +operating a public telecommunications network +Trees and plants may be removed and relocated to the extent, and only to the extent, necessary to enter public land for the purpose of carrying out essential work + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (55) +Persons licenced to operate public telecommunications networks shall be exempted from paying fees and taxes on public lands and roads used for any of the purposes described in +article (52) of this Decree -Law +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (56) +The High Committee may issue regulations allowing Licencees to enter upon private land +and any buildings and structures erected thereupon for any of the purposes described in +article (52) of this Decree -Law. Relevant guidelines and conditions will be explained in the +implementing regulations + +Section Two +Protection of Telecommunications Lines and Networks +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (57) +Persons carrying out work in close proximity to utility lines, wires, cables, equipment and +installations belonging to a Licencee shall take all measures and precautions necessary to +avoid damaging such lines, wires, cables, equipment and installations + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (58) +In case of work that will obstruct or in any way interfere with utility lines, wires, cables, +equipment or installations belonging to the Licencee, the person or undertaking performing +the work shall promptly notify the Licencee and the Authority and wait until a representative +Telecommunications Fed. Dec 3 of 2003 23 + of the Licencee has arrived to assess how the work should be performed with full regard to +safety and to avoiding interference with such lines, wires, cables, equipment and +installations + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (59) +In addition to the penalties provided in this Decree -Law and in any other law, a person who +causes damage to any utility lines, wires, cables, equipment or installations belonging to the +Licencee shall be liable to pay compensation at the amount specified in regulations issued by the Authority + +Part Eight +Transitional Provisions +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (60) +The High Committee shall grant a company owned by ETISALAT a temporary licence +authorising the company to continue to carry out the regulated activities it carried out on the +date on which this Decree -Law came into force until such time as it obtains a licence in +accordance with this Decree -Law and its implementing regulations + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (61) +ETISALAT shall continue to use the frequency spectrum assigned to it by the Ministry of +Communications in accordance with the applicable objectives, rules and conditions +prescribed in this regard until such time as the Authority reallocates the frequency spectrum +in accordance with this Decree -Law and issues a frequency licence to ETISALAT + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (62) +ETISALAT shall, within 90 days from the date on which this Decree -Law comes into force, +provide the Authority with the following: +1. Copies of all licences and permits related to specific classes of equipment as defined +therein and current permits related to ETISALAT equipment and other relevant +Telecommunications Fed. Dec 3 of 2003 24 + documents issued by ETISALAT under Federal Law No. (1) of 1991 regarding the +Emirates Telecommunications Corporation +2. Copies of all decisions and regulations containing the technical specifications of the telecommunications equipment provided by ETISALAT under the law mentioned in the preceding paragraph +3. Other information within ETISALAT's possession or control which the Authority might need in order to evaluate the current position of the telecommunications sector in the UAE + + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (63) +The Ministry of Communications shall, within 90 days from the date on which this Decree- Law comes into force, provide the Authority with any information and documents it +requests for the purpose of evaluating the current position of the telecommunications sector in the UAE + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (64) +ETISALAT shall, within 60 days from the date on which this Decree -Law comes into force, +deliver to the Authority all books, records, logs, databases, documents and other information related to its activities which is within ETISALAT's custody or control and is required by this +Decree- Law to be delivered to the Authority or the High Committee, or is considered by the +Authority to be essential to be able to carry out its responsibilities under this Decree -Law +and its implementing regulations. ETISALAT may keep copies of any of the documents previously mentioned for the purpose of carrying out certain functions under this +Decree- Law with the approval of the Authority + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (65) +1) The High Committee shall, on a date of its choosing, issue appropriate directives for the +transfer of assets and rights from ETISALAT to the Authority in such manner as the High +Committee shall deem necessary to enable the Authority to carry out the responsibilities it +Telecommunications Fed. Dec 3 of 2003 25 + has inherited from ETISALAT under this Decree -Law. This provision applies to ETISALAT and +third parties +2) The directives may provide for the imposition of penalties in the event of breach of its +provisions and for compensation to be paid to ETISALAT, as appropriate. The High +Committee's decision shall binding and final + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (66) +The High Committee is solely responsible for resolving any dispute that may arise concerning the application or interpretation of the directives it issues under article (65) of +this Decree- Law + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (67) +If so requested Government Entities shall take all necessary measures to facilitate the +registration and transference of title to the assets and rights that are transferred from +ETISALAT to the Authority in accordance with the directives issued by the High Committee +under article (65) of this Decree -Law + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (68) +The High Committee may delegate ETISALAT to carry out some of the Authority's responsibilities under this Decree -Law for a period not exceeding 1 year from the date on +which this Decree -Law comes into force. ETISALAT shall ensure when carrying out those +responsibilities that it maintains proper records and regularly updates the Authority about +its activities. ETISALAT shall, in particular, furnish the Authority with copies of all documents +pertaining to those activities on request + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (69) +Current ETISALAT decisions and regulations which list and determine the technical specifications of telecommunications equipment licenced for use in the UAE shall remain in +full force when this Decree -Law takes effect until they expire or the Authority decides to +Telecommunications Fed. Dec 3 of 2003 26 + cancel them or take other appropriate steps with regard thereto + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (70) +1. Licences and permits issued by ETISALAT under Articles 4(f), 10 -1 and 10 -2 of Federal +Law No. (1) of 1991 regarding the Emirates Telecommunications Corporation or issued +by the Ministry of Communications under Federal Law No. (7) of 1973 regarding wire +and wireless equipment and communications, as amended, shall remain in force (except +to the extent that their terms conflict with the provisions of this Decree -Law) until they +expire or the Authority replaces them with new permits in accordance with this +Decree- Law +2. The Authority shall determine the extent to which those licences and permits are +consistent with this Decree -Law + +Part Nine +Penalties +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (71) +The penalty shall be a jail term of not more than 2 years and a fine of not less than AED +50,000 and not more than AED 200,000 or either for a person who: +1. Carries out any regulated activities without a licence or an exemption from the need for +a licence as required by this Decree -Law +2. Purposely alters, destroys or conceals any document or information required by the High +Committee or the Authority under this Decree -Law +3. Fails to amend his position in accordance with this Decree -Law + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (72) +The penalty shall be a jail term of not more than 1 year and a fine of not less than AED 50,000 and not more than AED 200,000 or either for a person who: +1. Provides or conspires to provide telecommunications services that violate public policy or morals +Telecommunications Fed. Dec 3 of 2003 27 + 2. Uses telecommunications equipment or services to cause disturbance or annoyance to +others or for any other illegal purpose +3. Illegally copies, discloses, or distributes the content of a telephone call or message relayed through a public telecommunications network +4. Knowingly and without authorisation gains access to a telecommunications network or +disrupts a telecommunications service +5. Exploits or uses telecommunications services without authorisation +6. Eavesdrops on telephone conversations without prior authorisation from the relevant +judicial authorities +7. Breaches article (50) of this Decree -Law + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (73) +The penalty shall be a jail term of not more than 1 year and a fine of not more than AED +200,000 or either for a person who: +1. Knowingly makes, uses, sells, or offers to sell telecommunications equipment for connection to a telecommunications network that is not licenced or approved in +accordance with this Decree -Law +2. Purposely breaches article (57) of this Decree -Law and his actions result in damage to +lines, wires, cables, equipment or installations that belong to a Licencee or are under the +management or control of a Licencee + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (74) +The penalty shall be fine of not less than AED 50,000 and not more than AED 200,000 for a +person who: +1. Makes, distributes, offers, or provides telecommunications equipment for use in the UAE +that is inconsistent with the regulations, directives, instructions and decisions issued by the Authority under this Decree -Law or its implementing regulations +2. Refuses to allow telecommunications equipment under his control to be inspected or +examined in accordance with this Decree -Law, its implementing regulations or the +Telecommunications Fed. Dec 3 of 2003 28 + regulations, decisions and instructions issued pursuant thereto, or refuses to grant +concerned officials entry to his premises in accordance with this Decree -Law or its +implementing regulations +3. Knowingly employs or hires an individual who is not qualified to install, connect, modify or service telecommunications equipment in accordance with the rules laid down by the +Authority +4. Provides a description or publishes a notice regarding telecommunications equipment +with the intention of advertising the availability of the equipment in commerce or work +without regard to the directives imposed by the Authority +5. Breaches this Decree -Law, its implementing regulations or the regulations, decisions, +directives or rules issued pursuant thereto + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (75) +After obtaining prior approval from the Authority, a Licencee may place under surveillance +any equipment or other thing which he reasonably suspects of being used in a manner +contrary to article (72) of this Decree -Law + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (76) +A confiscation order will be issued for any wire or wireless equipment or other devices or +hardware used in a manner contrary to this Decree -Law, its implementing regulations or the +regulations, decisions, instructions and rules issued pursuant thereto. The Court may further order that the equipment, hardware and devices be destroyed if necessary + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (77) +Crimes committed by corporate entities will be subject to the corresponding penalty +provision applicable to the crime under this part of the Decree -Law + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (78) +The application of the penalties described in this Decree -Law shall be subject to any severer +Telecommunications Fed. Dec 3 of 2003 29 + penalty provided by any other law + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (79) +In case of repeated offence, the above punishment terms shall be doubled + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (80) +Subject to any applicable transitional provisions in this Decree -Law, Federal Law No. (1) of +1991 regarding the Emirates Telecommunications Corporation shall be amended as follows: +1. Articles (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (40), (42), (43), (44), (45), +(46) and (48) shall be repealed +2. article (1) shall be amended by deleting the following words and expressions and their +definitions: +a. Minister +b. Telecommunications Equipment +c. Schedule +d. Utility Lines +3. article (24) of Federal Law No. (1) of 1991 shall be amended by adding at the beginning +the following: +""Subject to the regulations, directives, decision and rules issued by the General Authority for the Regulation of the Telecommunications Sector."" +4. The second paragraph of article (41) of Federal Law No. (1) of 1991 shall be amended to +read as follows: +""The Articles of Association shall be adopted pursuant to a resolution of the Board of +Directors. The Articles of Association shall be amended or replaced by decision of the High +Committee Overseeing the Telecommunications Sector."" +5. Articles (4), (21), (25), (31), (33) and (47) of Federal Law No. (1) of 1991 shall be replaced by the following text: + + +Telecommunications Fed. Dec 3 of 2003 30 + article (4) +1. ETISALAT shall deliver wire and wireless communications and operate, maintain and +develop the telecommunications system in the UAE and provide such communication +services between the UAE and other countries. In order to attain its objectives, ETISALAT +shall undertake, among others, the following functions: +a. Constructing, maintaining and operating telegraph, telephone and telex networks, +and local and international leased circuits and data transmission services +b. Constructing, maintaining and operating video transmission networks, excluding +public broadcasts +c. Managing, delivering, leasing and dealing in telephone services +d. Planning, constructing, and acquiring transmission and reception stations for use in connection with ETISALAT's activities +e. Providing consultation and training in the area of wire and wireless communications +f. Preparing, printing and distributing telephone directories, business directories (The +Yellow Pages), publications, information, data and other material pertaining to the +telecommunications services and support activities provided by ETISALAT for +purposes related to media, commerce, advertising or otherwise +2. Without prejudice to the attainment of its principal objectives, ETISALAT will be entitled +to seek out, on the advice of the Board, investment opportunities in the commercial, +financial or service sectors that will give ETISALAT good yield and profit, in accordance +with the applicable laws in force in the UAE . +3. For the purpose of attaining the objectives mentioned in this Article ETISALAT shall: +a. Conclude contracts and agreements +b. Establish companies, enter into partnerships or acquire interest in companies and +partnerships in accordance with the applicable laws in force in the UAE + +article (21) +Based on the regulations issued by The General Authority for Regulating the Telecommunications Sector and the Digital Government, the Board shall determine the fees +Telecommunications Fed. Dec 3 of 2003 31 + payable for the services provided by ETISALAT, the guidelines and conditions for the +provision of those services and the form of contracts made between ETISALAT and users + +article (25) +ETISALAT shall be managed by a Board of Directors comprising the Minister of State for Finance & Industry as Chairman and 9 members. The High Committee Overseeing the +Telecommunications Sector shall appoint 5 members to serve as Government +representatives on the Board and the shareholders shall appoint the remaining members. Members are appointed for 3 years and may be appointed or nominated more than once in +accordance with the Articles of Association + +article (31) +Each shareholder in ETISALAT is entitled to attend meetings of the General Assembly to discuss matters listed on the agenda and direct questions to the members of the Board +which must provide good detailed answers that do not oppose ETISALAT's interests. A +shareholder may ask the General Assembly to review an answer he is not satisfied with and the General Assembly's decision will be final and enforceable. The Minster of State for +Finance & Industry shall represent the Government at the General Assembly + +article (33) +ETISALAT shall comply with the general policy set by the High Committee Overseeing the +Telecommunications Sector and with any specific or general directives the Committee may +issue in this regard + +article (47) +The Board shall issue the administrative and financial set of rules by which ETISALAT will be +run and shall fix the terms of employment of ETISALAT staff in a manner consistent with the +decisions issued by the High Committee Overseeing the Telecommunications Sector + +Telecommunications Fed. Dec 3 of 2003 32 + " +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (81) +All corporate entities carrying on regulated activities at the date on which this Decree -Law +comes into force will have 90 days to amend their positions in accordance therewith. The +High Committee may decide to extend this deadline for further periods of similar duration + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (82) +All provisions contrary to this Decree -Law shall be repealed + +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (83) +The High Committee shall issue the implementing regulations and other regulations, +decisions and directives as necessary to implement this Decree -Law +" +"telecommunication, technology and space",Regulating Telecommunications Fed. Dec 3 of 2003,"Article (84) +This Decree- Law shall be published in the Official Gazette and shall take effect from the date +of publication + + " +"telecommunication, technology and space",Cabinet Resolution No. (21) of 2023 on the Regulations of Violations and Administrative Penalties resulting from Violating the Legislations of Space Activities and other Activities related to the Space Sector,"Article (1) +Definitions +In application of the provisions herein, the following words and expressions shall have the meanings ascribed thereto, unless the context requires otherwise: +State : The United Arab Emirates. +Agency : UAE Space Agency. +Board of Directors : Board of Directors of the UAE Space Agency. +Law : Federal Law No. (12) of 2019 Regulating the Space Sector. Authorisation : A document granted by the Agency to a Person and authorising him +carry out the activities listed therein, including Licences, +Authorisations and Approvals, in accordance with the provisions of +this Law. +Authorisation +Regulations : Regulations related to Authorisation Space Activities and other +activities related to the Space Sector, applicable in the Agency. +Person : Natural or legal person. +Operator : A person engaged in Space Activities, Space -Supporting Flights, High +Altitude Activities, Space Data management and distribution +activities, or any other activities related to the Space Sector subject to this Law. +Launch : The process of launching or attempting to launch a Space Object into +or through the Identified Area. This shall include all necessary +preparations and activities at the launch site, up to the stage of the +load separation and detachment from the head of the Spac e Object. +Identified Area : Any area eighty kilometres or more above the mean sea level. +Space Object : An Object that a person makes, launches, or aims to launch into the or +from the Identified Area, whether manned or unmanned that shall +include: the constituent parts of the Space Object, its launch vehicle and the parts thereof, including those that do not reach the Identified +Area. + +" +"telecommunication, technology and space",Cabinet Resolution No. (21) of 2023 on the Regulations of Violations and Administrative Penalties resulting from Violating the Legislations of Space Activities and other Activities related to the Space Sector,"Article (2) +Scope of Application +The provisions of this resolution apply to any person who violates the legislation regulating Space Activities or other activities related to the Space Sector contained in this resolution. + + " +"telecommunication, technology and space",Cabinet Resolution No. (21) of 2023 on the Regulations of Violations and Administrative Penalties resulting from Violating the Legislations of Space Activities and other Activities related to the Space Sector,"Article (3) +Administrative Violations and Penalties +1. Without prejudice to any more severe penalty or procedure stipulated by law, the Agency +may impose one or more of the following Administrative Penalties on anyone who +commits any of the acts that occur in violation of the provisions of the law and the +regulations and resolutions issued in implementation thereof contained in the table +attached to this resolution, if he does not remove the violation committed as stated in the +addressed violation notice in accordance with the provisions of article (4) of this +resolution, and in accordance with the following: +a. In case of a first -time violation, a writt en warning will be given to the Violator and he +will be given a period not exceeding (30) thirty days, calculated from the date of sending the notice, to correct the violation. +b. In case of a second- time violation, Administrative Fine will be imposed according to +the table attached to this resolution. +c. In case of a third -time violation, Administrative Fine will be imposed according to the +table attached to this resolution. +d. In case of a fourth -time violation, the Administrative Fine shall be tripled according t o +the table attached to this resolution. The Agency may suspend the Authorisation or +any part thereof for a period not exceeding (6) six months, renewable only once. +e. The Authorisation issued to the Violator or those responsible for it, or any part thereof +shall be Cancelled, provided that the Violator bears the expenses and costs of +removing and treating the damages resulting from the violation in the event that they +are not removed or treated. +2. Pursuant to Clause (1) of this Article, the Agency may impose the most severe +Administrative Penalty and not follow the progression referred to in Clause (1) of this +Article, in the event of the seriousness of the violation, and it estimates the appropriate +Administrative Penalty in accordance with the nature of the violation. 3. The Agency may double the Administrative Fines for the violating acts listed in the table +attached to this resolution in the event of a recurrence or repetition of the violation. +4. For the purpose of collecting the Administrative Fine specified in the table attached +hereto, a part of a day shall be considered a full day, and a part of a month shall be considered a full month. + +" +"telecommunication, technology and space",Cabinet Resolution No. (21) of 2023 on the Regulations of Violations and Administrative Penalties resulting from Violating the Legislations of Space Activities and other Activities related to the Space Sector,"Article (4) +Violation Notice +In the event that a person commits any of the violations indicated in the table attached to th is +Resolution, the Agency shall inform him of the violation according to the means approved hereby, +provided that the notice includes the following: +1. The violation. +2. The time limit for removing the violation. +3. The penalties and procedures that shall be taken if the violation is not corrected within +the specified time limit. +4. Any other data specified by the Agency. + +" +"telecommunication, technology and space",Cabinet Resolution No. (21) of 2023 on the Regulations of Violations and Administrative Penalties resulting from Violating the Legislations of Space Activities and other Activities related to the Space Sector,"Article (5) +Procedures for proving violations +The Agency shall prove all violations in accordance with the provisions of the law and this resolution and the regulations and resolutions issued in implementation thereof. + +" +"telecommunication, technology and space",Cabinet Resolution No. (21) of 2023 on the Regulations of Violations and Administrative Penalties resulting from Violating the Legislations of Space Activities and other Activities related to the Space Sector,"Article (6) +No Prejudice to criminal and civil liability +The Application of the Administrative Penalties stipulated in this resolution shall not prejudice +the criminal or civil liability of persons who commit Administrative Violations or those +responsible for them, and the service provider has the right to demand compensation from the +Violator for damages to the distribution network as a penalty for the committed violation. +" +"telecommunication, technology and space",Cabinet Resolution No. (21) of 2023 on the Regulations of Violations and Administrative Penalties resulting from Violating the Legislations of Space Activities and other Activities related to the Space Sector,"Article (7) +Appeal +1. Every person may file Appeal before the Chairman of the Board of Directors against any +Administrative Penalties imposed on him in accordance with the provisions of this resolution, +within (30) thirty days from the date of his notification of the resolution. The Appeal shall be +in writing with supporting documents. +2. The Appeal shall be decided within (90) ninety days as of the date of its submission by a +grounded resolution issued by the BOD. The lapse of the aforementioned period without any +response to the Appeal shall be considered a rejection thereof. +3. The resolution issued on the Appeal shall be final. + +" +"telecommunication, technology and space",Cabinet Resolution No. (21) of 2023 on the Regulations of Violations and Administrative Penalties resulting from Violating the Legislations of Space Activities and other Activities related to the Space Sector,"Article (8) +Amendment of Administrative Fines +The Cabinet has the power to make any amendment on the Administrative Fines stipulated in this +Resolution, whether through addition, deletion or reduction. + +" +"telecommunication, technology and space",Cabinet Resolution No. (21) of 2023 on the Regulations of Violations and Administrative Penalties resulting from Violating the Legislations of Space Activities and other Activities related to the Space Sector,"Article (9) +Exemption from Administrative Penalties and Instalments +1. The Chairman of the Board of Directors may exempt from the Administrative Fines referred +to in this resolution in coordinatio n with the Ministry of Finance and the approval of the +Cabinet, and in accordance with the legislation in force in this regard. +2. The Chairman of the Board of Directors may pay the Administrative Fines referred to in this +resolution in instalments, provided that the mechanism for paying them in instalments, +including the conditions, controls and procedures, is determined in accordance with a +resolution issued by the Board of Directors in coordination with the Minister of Finance for +this purpose. + " +"telecommunication, technology and space",Cabinet Resolution No. (21) of 2023 on the Regulations of Violations and Administrative Penalties resulting from Violating the Legislations of Space Activities and other Activities related to the Space Sector,"Article (10 ) +Collection Mechanism +Fees and fines stipulated in this Resolution shall be collected by the methods decided by the +Ministry of Finance. + +" +"telecommunication, technology and space",Cabinet Resolution No. (21) of 2023 on the Regulations of Violations and Administrative Penalties resulting from Violating the Legislations of Space Activities and other Activities related to the Space Sector,"Article (11) +Executive Resolutions +The Board of Directors shall issue the necessary Resolutions for implementation of the provisions +of this Resolution. + +" +"telecommunication, technology and space",Cabinet Resolution No. (21) of 2023 on the Regulations of Violations and Administrative Penalties resulting from Violating the Legislations of Space Activities and other Activities related to the Space Sector,"Article (12) +Publication and Entry into Force +This Resolution shall be published in the Official Gazette and shall be enforced after (30) thirty days as of the date of its publication. + + + + + + + +Mohammed bin Rashid Al Maktoum +Prime Minister + + +Issued by Us: +Dated: March 13, 2023 +Corresponding to: 21/Shaaban/1444 H + " +"telecommunication, technology and space",Federal Decree Law No. (25) of 2018 on the Projects of Future Nature,"Article (1) +The Cabinet shall be authorized to grant an interim license for the implementation of any +innovative project based on modern technologies of a future character or using artificial +intelligence, if there is no legislation in the State to regulate it, with the purpose of preparing +a legislation to regulate the activity of the project in the State. +To this end, the Cabinet may establish the conditions, controls and procedures necessary for +the licensing and implementation of such projects, and may exempt it, for a temporary period +of time, from any Federal legislation to the extent required for the implementation of the +project. + + +Federal Decree Law of 2018 on the Projects of Future Nature 1 + +" +"telecommunication, technology and space",Federal Decree Law No. (25) of 2018 on the Projects of Future Nature,"Article (2) +Any provision in conflict with this Decree Law shall be repealed. + +" +"telecommunication, technology and space",Federal Decree Law No. (25) of 2018 on the Projects of Future Nature,"Article (3) +This Decree Law shall enter into force from the date it is issued and it shall be published in the +Official Gazette. + + + + + + + + + + +Khalifa bin Zayed Al Nahyan +President of the UAE + +Issued by us in the Presidential Palace, Abu Dhabi +Date: 13 Muharram 1440 (AH) +Corresponding to 23 September 2018 (AD) + +Federal Decree Law of 2018 on the Projects of Future Nature 2 + " +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (1) +Definitions +In application of the provisions of this Decree by Law, the following words and phrases shall have +the meanings assigned to each of them, unless the context otherwise requires: +State : United Arab Emirates (UAE). +State Territory : The State lands, territorial sea, and the air space above them, +including free zones or any areas with a special economic status. +Government Entities : Ministries, public authorities and institutions, and all other +federal or local Government Agencies in the State. +Agency : UAE Space Agency. +BOD : Board of Directors of the UAE Space Agency. +BOD Chairman : The UAE Space Agency BOD Chairman. +Outer Space : Any area eighty kilometres or more above the mean sea level. +Space Object : Object that a person makes, launches, or aims to launch into the +Outer Space or under the Outer Space, whether manned or Federal Decree by Law of 2023 Concerning the Regulation of the Space Sector 2 + unmanned that shall include: the constituent parts of the Space +Obj ect, its Launch Vehicle and the parts thereof. +Launch : The process of launching or attempting to launch a Space Object +into, under, or through the Outer Space. This shall include all +necessary preparations and activities at the launch site, up to the +stage of the load separation and detachment from the head of the +Space Object. +Space Activities : Activities targeting Outer Space and the technical operations +associated with it in accordance with the provisions of Clause (1) of article (4) of this Decree by Law. +Other activities +related to the Space +Sector : Activities stipulated in Clause (2) of article (4) of this Decree by +Law that are practised outside Outer Space and are related to +space. +Space -Flight : A Space Activity where a Space Object transpor ting individuals, +living creatures, equipment, or other payloads to or under or +through the Outer Space, or returning therefrom, whether that +flight is Orbital, sub -Orbital, or over the Earth Orbit. +Manned Space - +Flight : any space- flight that uses a space object to transport any member +of the Space- Flight crew or any of the Human Space -Flight +Participants, or both. +Orbital Space -Flight : Space -Flight aiming to complete a revolution in Earth Orbit, and +is not required to reach Outer Space. +Sub -Orbital Space - +Flight : Space -Flight aiming to enter the Outer Space and does not aim to +complete a revolution in Earth Orbit. +Space -Supporting +Flights : Any flight undertaken in the State airspace, which aims to support +Space Activities and the associated experi ments and training. +High Altitude Activities : +Activities that shall be above the range of air traffic control and +lower than the Outer Space. + Federal Decree by Law of 2023 Concerning the Regulation of the Space Sector 3 + Space +Communications : Space Activities regulated by the Space Sector and related to +communications. +Space Data : Data that results from Space Activities, whether it is remote +sensing data, or navigation data using satellites, or others. +Incident : Incident arising from Space Activities or Space -Supporting +Flights, or High -Altitude Activities, and affects or almost affects +the safety of such activities, or the work of a Space Object or +aircraft used in a Space -Supporting Flight, or High- Altitude +Activities, or causes damage, or almost causes damage to a person or any objects or property in the atmosphere or on the surface of +the Earth, and where the damage caused by this incident does not +reach the level of the accident. +Accident : Accident caused by Space Activities, Space -Supporting Flights, or +High Altitude Activities, that leads to the death of a person or +severe damage thereto, or leads to the destruction or cause severe +damage to a Space Object or aircraft used in a Space -Supporting +Flight, or High Altitude Activities or the property on board or leads to the destruction or severe damage to any objects or property in +the atmosphere or on the surface of the Earth. +Meteorite : A natural mass or metal stone, a non -man -made, reaching the +Earth from Outer Space, with non- human intervention. +Space Debris : +Space Object or its debris that have no role or purpose , including +its parts or components and the materials, waste, or fragments +resulting therefrom, whether in Outer Space, including the Earth +Orbit, or inside the Earth atmosphere. +Space Resources : Any non -living resources present in Outer Space, including +minerals and water. + Federal Decree by Law of 2023 Concerning the Regulation of the Space Sector 4 + Space Nuclear +Energy Sources : Devices used in Space Activities to generate energy and using +nuclear materials, radioisotopes or a nuclear reactor. +Launch Vehicle : A Space Object used for transporting payload, other Space +Objects, individuals, living organisms, equipment or other +materials to the Outer Space or the Sub -Orbital area below Outer +Space or to return from Outer Space or the Sub -Orbital area +below Outer Space. +Person : Natural or Legal Person. +Operator : A person who practices Space Activities, or other activities related +to the Space Sector subject to this Decree by Law and the resolutions issued pursuant to it. +Permit : A document granted to a person by the Agency, to carry out Space Activities or activities related to the Space Sector. +Authorised Operator : +Any Operator who has obtained the necessary Permit to perform +his activities in accordance with the provisions of this Decree by +Law. +Space Sector : The sector that shall include all activities, projects and +programmes related to Outer Space. +Dual -Use Goods : Goods with common civil, commercial or military uses organised +in accordance with the legislation in force in the State. +Damage : Life loss, personal injury, or any other harm to health, or the loss or damage that is caused to the property of the State, Persons, or +intergovernmental organisations. +Re-Entry : Process of returning or attempting to return a Space Object from +the Outer Space, including stages and preparations necessary for +its Re -Entry of t he Earth atmosphere, until it settles on the Earth. + Federal Decree by Law of 2023 Concerning the Regulation of the Space Sector 5 + The Convention on +Registration of +Objects Launched +into Outer Space : The Convention on Registration of Objects Launched into Outer +Space ratified by Federal Decree by Law No. (85) of 2000 above +mentioned . + +" +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (2) +Objectives +This Decree by Law aims to achieve the following: +1. Organise Space Activities and other activities related to the Space Sector. +2. Stimulate investment and encourage private and academic sector participation in the Space +Sector and related activities. +3. Support the implementation of the necessary safety, security and environmental measures to +enhance the long -term stability and sustainability of Space Activities and related activities to +the Space Sector. +4. Support the transparency principle and the State commitment to implement the provisions of +international conventions and treaties related to Outer Space and to which the State is a party. + +" +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (3) +Scope of Application +The provisions of this Decree by Law shall apply to S pace Activities and other Space Sector - +related activities that shall be carried out as follows: +1. In the State Territory or the State establishments outside the State Territory. +2. Space Vehicles or Space Objects registered with the State. +3. By persons who hold t he nationality of the State, or companies that have a headquarters in +the State or the Foreign Companies having their activities in the State. + + + Federal Decree by Law of 2023 Concerning the Regulation of the Space Sector 6 + " +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (4) +Regulated Activities +This Decree by Law regulates the following activities: +1. Space Activities, which shall include the following: +a. Launch. +b. Space Object +c. Remove or dispose of a Space Object from the Orbit. +d. Operate the Launch Sites or the Space Object Re -Entry Sites. +e. Operate Space Objects, including: monitoring and controlling them. +f. Satellite communication activities. +g. Activities of space navigation, remote sensing or Earth observation. +h. Space awareness activities (including awareness of the space case, status, and +surrounding conditions), and related monitoring and tracking of Space Objects. +i. Activities including the discovery, exploitation, extraction and use of space +resources, whether for commercial, scientific or other purposes. +j. Provide logistical support services in the Outer Space. +k. Scientifically exploring space, conducting Space Sector - related scientific +experiments, and participate in Astronomy activities. +l. Manned Space -Flights, or long -term human residence in space, or the +construction or use of facilities in space or on the surface of Celestial Bodies, +permanently or temporarily. +m. Manufact ure, assembly, completion, development, testing, transportation, +storage, trade or disposal of, or re -purpose space technologies. +n. Any other Space Activities as determined by a Cabinet Resolution based on the +proposal of the BOD. +2. Other Space Sector -related activities, including: +a. Space -Supporting Flights and High Altitude Activities that shall not be subject to +Federal Law No. (20) of 1991 promulgating the Civil Aviation Law, whether they are Federal Decree by Law of 2023 Concerning the Regulation of the Space Sector 7 + carried out in the State Territory or include the participation of a flying aircraft or +vehicle registered in the State. +b. Space Data Management Activities, which include receiving, storing, processing, +distributing, archiving or disposing of any Space Data. +c. Any other Space Sector -related activities determined by a Cabinet Resolution, upon +the proposal of the BOD. + +" +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (5) +Permits for Space Activities +1. Space Activities listed in Clause (1) of article (4) of this Decree by Law may not be practiced or establish, use or own Space facilities or facilities associated with them without obtaining +Permit or No -Objection Certificate in advance from the Agency. +2. The general conditions, controls and procedures related to the Permit, including its granting, +renewal, suspension, amendment, cancellation, assignment to others, inclusion in or +attachment to Permit previously granted, shall be determined by a resolution issued by the +Cabinet or whomever it delegates. +3. As an exception to the provision of Clause (1) of this Article, the BOD Chairman may form an +Interim Committee to exempt any s pecific Space Operator or Activities from obtaining the +Permit or the No - Objection Certificate or from any special conditions, controls or procedures +stipulated in this Decree by Law or any resolutions issued in their implementation. +4. The Agency shall conf irm that the application for the Permit meets the terms and conditions +prescribed for its granting. +5. The suspension or cancellation of the Permit shall not exonerate any Operator from any liability, administrative penalty, punishment or any other obligation, unless otherwise +provided in this Permit; +6. The assignment of the Permit to third parties shall not exonerate any Operator from any +obligation or liability established prior to the date of the assignment. Federal Decree by Law of 2023 Concerning the Regulation of the Space Sector 8 + 7. Without prejudice to the criminal liability, the Permit may not be assigned except with the +prior approval of the Agency. The liability shall be joint between the Assignee and the +Assignor in case of violation thereof. +8. As an exception to the provisions contained in the previous Clauses of this Ar ticle, any person +wishing to practice Satellite Communications Activities shall obtain a prior No -Objection +Certificate from the Agency, provided that the final Permit is issued by the Competent +Authority to regulating communications in the State in accord ance with the legislation in +force therein. +9. The Agency has the discretion to refuse to grant Permits or No -Objection Certificates to any +person, in accordance with what it deems to be in the public interest. + +" +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (6) +Manned Space -Flight Activities +1. Subj ect to the provisions of article (5) of this Decree by Law and any regulations or +resolutions issued in this regard, the Operator shall, before allowing any Natural Person to +participle in a Space -Flight, submit to the Agency the following: +a. A proof that th e Natural Person shall be aware and well- informed of the risks associated +with the Space -Flight and the Natural Person is fully aware of it. +b. A written approval of the Natural Person to take the Space -Flight; +c. Proof that the Natural Person has completed the necessary training. +d. Proving that the Natural Person has the physical and health fitness to undertake a Space - +Flight. +e. A proof that the Operator has completed all necessary risk and safety assessments, and +that there is a suitable emergency plan. +f. The Natural Person fulfils any requirements issued by a resolution of the BOD. +2. Every Operator permitted to conduct a Manned Space -Flight shall immediately inform the +Agency of any Incident or Accident encountered, or the risks faced, and any measures undertaken there by to reduce the same or the effects thereof. Federal Decree by Law of 2023 Concerning the Regulation of the Space Sector 9 + 3. The conditions and controls of liability related to the activities of Manned Space -Flight shall +be determined by a BOD resolution, in cooperation with the Concerned Government Entities, +and in particular those related to Sub -Orbital Flights. +4. The Agency may request any proof, documents or information for confirming that the +Operator fulfils their obligations stipulated in Clause (1) of this Article. + +" +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (7) +Permits for the Use of Space Nuclear Energy Sources +1. Subject to the legislation in force in the State concerning the peaceful use of nuclear energy, any Operator shall be prohibited from using Space Nuclear Energy Sources without obtaining +Permit from the Agency. +2. The conditions, controls and procedures pertaining to the Permit to use Space Nuclear Energy +Sources, including: granting, inclusion in or attachment to Permit previously granted, shall be +determined by a Cabinet resolution, upon a proposal from the Agency after coordination with +the Concerned Gover nment Entities. +3. Subject to the legislation in force in the State concerning to the use of Space Nuclear Energy Sources, every Operator permitted to use Space Nuclear Energy Sources shall immediately +inform the Agency of any Accident or Incident encountered or expected, or the risks faced, +and any measures undertaken thereby to prevent or reduce the same or the effects thereof. +4. The applicant for Permit to use Space Nuclear Energy Sources shall indicate in the application +the reasons justifying such use. + +" +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (8) +Exploration, Exploitation and Use of Space Resources +1. The conditions and controls relating to Permits for the exploration, exploitation and use of +Space Resources, including their acquisition, purchase, sale, trade, transportation, storage and +any Space Activities aimed at providing logistical services in this regard shall be determined +by a resolution issued by the Cabinet or whomever it delegates. Federal Decree by Law of 2023 Concerning the Regulation of the Space Sector 10 + 2. The Permits referred to in Clause (1) of this Article shall be granted by a resolution of the BOD. + +" +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (9) +Space Debris Mitigation +1. Every Operator permitted to own or develop a Space Object, or carry out or participate in +Space Activities, shall take the necessary measures and plans to mitigate Space Debris and +reduce the effects thereof, as determ ined by resolutions in force in this regard. +2. Without prejudice to the provisions of article (23) of this Decree by Law, every Operator +permitted to own a Space Object, develop it, or carry out Space Activities or participate in them, shall immediately info rm the Agency of the following: +a. Any Space Debris resulting from any of the Space Objects that implement or participate in the permitted activities; +b. Exposure of any of the Space Objects provided in Paragraph (A) of this Clause, to a highly +potential risk, loss of control, or collision with a Space Debris or other Space Objects in Outer +Space; +c. Any measures or plans taken to mitigate the risks resulting from any of the Paragraph s (a) and (b) of this Clause or to reduce its effects; and +d. Any modifications to th e measures and plans taken to mitigate Space Debris or reduce its +effects. + +" +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (10) +Liability among the Contracting Parties or Third Parties +1. The Operator compliance to the obligations prescribed therefor under this Decree by Law +shall not exempt from liability for damage caused on the surface of the Earth or in vehicle +during its flight inside the State territory or outside it, by a Space Object owned, operated or +participated in the activities permitted for the Operator, towards other parties not part icipating in or contracted with in such activities or in case of damage to third parties. Federal Decree by Law of 2023 Concerning the Regulation of the Space Sector 11 + 2. If the Authorised Operator activity caused damage to the Natural Persons on board the Space +Object, or the property thereon, during a Manned Space -Flight, then the St ate shall not be +liable for their compensation, even if the Operator is in compliance with the obligations +established therefor under this Decree by Law and any regulations or resolutions issued in +this regard. +3. The State neither it nor any of its agencies or units be liable for any compensation arising out +of any damages of any nature or size caused by the Operator Space Activity towards any other parties contracted with to exercise that activity, or any Persons participating in that activity or +during their presence, at the invitation of the Operator or the launching state in the immediate +vicinity of the area from which the Launch or the Re -Entry is to be carried out. +4. The compensation referred to in Clause (3) of this Article shall be limited between the p arties +participating in the Space Activity, in accordance with the terms, conditions and obligations +mentioned in the contracts concluded therewith or what shall be agreed upon between those +parties. +5. If the Operator referred to in Clause (1) of this Article is permitted, and the Space Activities +thereof are carried out in accordance with the Permit granted thereto, then the Operator shall +be liable for compensating the damage caused to third parties in accordance with the +provisions of article (13) of this Decree by Law. +6. If the Operator is not permitted and not exempted in accordance with the provisions of this +Decree by Law, or is in violation of the Permit granted to him, then the Operator liability for +compensation for damage caused to third parties shall be unlimited. + +" +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (11) +Liability for Hitting Another Space Object +1. When the error is proven, the Operator shall be liable for any damage caused by the Space +Object that it owns, operates, or jointly owns or operates, to another Space Object, Per sons, +or Property onboard that Space Object, in a place other than the surface of the Earth. Federal Decree by Law of 2023 Concerning the Regulation of the Space Sector 12 + 2. If the Operator referred to in Clause (1) of this Article is permitted, and the Space Activities +thereof are carried out in accordance with the Permit granted ther eto, then the Operator shall +be liable for compensating the damage caused to others inside the State, in accordance with +the provisions of article (12) of this Decree by Law. +3. If the Operator referred to in Clause (1) is not permitted and not exempted in ac cordance with +the provisions of this Decree by Law, or is in violation of the Permit granted to him, then the +Operator liability for compensation for damage caused to third parties shall be unlimited. + +" +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (12) +Liability in Other Cases +1. The application of the provisions contained in this Decree by Law does not prejudice the +application of any other laws in force within the State related to the Operator’s liability for damages that arise as a direct result of his activity. +2. Any terms, conditions or other r ules related to liability for compensation in other cases shall +be determined by a resolution of the BOD. + +" +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (13) +Estimating the Limitation of Compensation for Liability +1. When estimating the limits of compensation for liability for Space Activity or activities related to the Space Sector, in accordance with the provisions of this Decree by Law or any +regulations or resolutions issued in this regard, the following factors shall be taken into +account: +a. The size of the Launch Vehicle and any other Space Object launched therefrom. +b. The purpose of the activity. +c. The fact sheet of the launching Operator or the process of Re -Entry. +d. The curved path pattern of the launched or re -entered Space Object. +e. Any other factors that determine the risk of Accidents or Incidents. Federal Decree by Law of 2023 Concerning the Regulation of the Space Sector 13 + 2. The terms, provisions and rules for the calculation and limitations of compensation +mentioned in this Article shall be determined by a resolution issued by the Cabinet or +whomever it delegates. + +" +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (14) +Insurance and Guarantees +1. The Operator shall provide the Agency with proof that he has the necessary financial coverage +to cover any damage or liability towards third parties that may arise during the exercise of +Space Activity, whether in the form of insurance contract covering the entire duration of the +Space Activity, or in the form of a financial guarantee approved by the Agency to obtain Permit +from the Agency to practice Space Activity, and to renew this coverage on ongoing basis. +2. As an exception to the provisions of Clause (1) of this Article, Interim Committee may be +formed by resolution of the BOD Chairman to exempt some activities from the requirements +stipulated in Clause (1) of this Article, in whole or in part , and any other requirements +contained in this Decree by Law or the resolutions issued in implementation thereof. +3. The Agency may request the Operator who wishes to practice activities related to the Space Sector to submit insurance contract, or any other g uarantees approved by the Agency. + +" +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (15) +Liability when Using State Launch Facilities +The Operator shall conclude a special agreement with the Entity that owns the State launch facilities to clarify the limits of liability between the parties for an y damages that may be caused +to those facilities or state property, in coordination with the Agency. + +" +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (16) +Permit to Other Space Sector- Related Activities +1. It is prohibited to undertake or participate in any other Space Sector -Related Activities, +without obtaining Permit from the Agency. Federal Decree by Law of 2023 Concerning the Regulation of the Space Sector 14 + 2. The conditions and controls for the Permits authorising other Space Sector -Related Activities +shall be issued by a Cabinet Resolution, based on a proposal from the Agency after +coordination with the concerned Gover nment Entities. +3. The BOD Chairman may form Interim Committee to be concerned with exempting any +Person, Operator or any other Space Sector -Related Activities from obtaining Permit, or from +any conditions, controls or procedures relating thereto. The resolut ion to form the Interim +Committee shall specify its tasks and how it will hold its meetings and make its resolutions. +4. The Agency shall confirm that any application for Permit authorising other Space Sector - +Related Activities meets the conditions and contro ls prescribed for its granting. +5. Coordination concerning geospatial data resulting from other activities related to the Space +Sector and specified in Paragraph (B) of Clause (2) of article (4) of this Decree by Law shall be +made with the Federal Centre for Geographic Information. + +" +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (17) +Space -Supporting Flight Activities and High Altitude Activities +1. Subject to the provision of article (16) of this Decree by Law or any regulations or resolutions issued in this regard, the Agency may request the Permit Applicant or operators wishing to +carry out Space -Supporting Flights Activities or High -Altitude Activities to provide it with any +certificates or fulfil any requirements related to air traffic management. +2. The Agency shall exonerate the Operator from the o bligation to obtain Permit to carry out +Space -Supporting Flights Activities and High -Altitude Activities under this Article, if the +activities are completely covered by Permit or permission granted thereto under Federal Law +No. (20) of 1991 Issuing the Civ il Aviation Law, or any by -laws or regulatory resolutions +issued thereunder. +3. The Agency, upon granting a Permit for Space -Supporting Flight Activities and High Altitude +Activities which includes manned flight on board, shall confirm that the Operator meets the +following requirements: Federal Decree by Law of 2023 Concerning the Regulation of the Space Sector 15 + a. A proof that the Natural Person is well- informed of the risks associated with the Space - +Flight +b. The Natural Person acknowledgement of conse nt, in accordance with the form approved +by the Agency, to undertake these flights, and of their commitment to the relevant laws +and regulations in force in the State. +c. A proof that the Natural Person has completed the necessary training and health fitness to take the Space -Flight as determined by a resolution issued by the BOD. +d. A proof that he has performed all necessary risk and safety assessments, and that there is +a suitable emergency plan; and +e. Compliance with the legislation in force concerning civil av iation in the State. +4. Every Operator permitted to engage in Space -Supporting Flight and High -Altitude Activities +shall immediately inform the Agency of any Incident or Accident encountered, or the risks +faced, and any measures undertaken thereby to reduce t he same or the effects thereof. + +" +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (18) +Meteorites +By resolution of the BOD, the regulatory controls and procedures for the discovery, registration, trading, ownership and disposal of meteorites and other necessary requirements concerning +them shall be issued. + +" +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (19) +Registration of Space Objects +1. Subject to the Convention on the Registration of Space Objects Launched into Outer Space, +the Agency shall establish a national register of Space Objects for which the State is +considered the launching State thereof, in accordance with the requirements and conditions +prescribed by a BOD resolution. +2. Subject to the Convention on Registration of Space Objects Launched into Outer Space, if there is more than one country eligible to be the launching state of a Space Object, then the Federal Decree by Law of 2023 Concerning the Regulation of the Space Sector 16 + Agency shall work to enter the State into an agreement with those countries, so as to +determine the State in charge of registering the Space Object in its own register and that of +the United Nations. +3. When carrying out Space Activities, the Operator shall comply at all times with the +regulations, controls and regulations for the registration of Space Objects. +4. The Agency, in coordination with the Concerned Government Entities, sets conditions and controls related to the registration of Space Objects, Space- Supporting Flight Vehicles, and +High -Altitude Activities. + +" +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (20) +Intellectual Property Rights +1. Subject to the international conventions to which the State is a party, Space Activities and other Space Sector, its outputs and re sults related activities shall be subject to the legislation +in force in the State with regard to the provisions of Industrial Property Rights for Patents and Industrial Designs and Models that are carried out on a Space Object in Outer Space or any +celest ial body. +2. The Competent Government Entities in the State, in coordination with the Agency, may set +any controls, provisions and procedures concerning intellectual property rights in the field of +Space Activities or other Space Sector related activities, under a Cabinet resolution to be issued in this regard. + +" +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (21) +Import and Export Controls. +1. Subject to international conventions to which the State is a party, Space Activities and other Space Sector -related activities shall be subject to the legislation in force in the State in respect +of import and export of goods, including those relating to Dual- Use Goods. +2. The Government Entities in the State, in coordination with the Agency may set controls for import and export of goods, including those r elating to Dual- Use Goods, in the field of Space Federal Decree by Law of 2023 Concerning the Regulation of the Space Sector 17 + Activities or other Space Sector related activities, by virtue of a Cabinet resolution to be issued +in this regard. + +" +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (22) +Managing Risks and Crises +1. The Operator shall comply with the following: +a. Devel op a methodology for risk assessment of its physical and electronic assets associated +with the activities of the Permit; +b. Implement the process of identifying and assessing the risks associated with the activities +permitted and providing the Agency with the results of the assessment of those risks and the +management plan thereof. The Operator shall submit to the Agency a report of any threats to his/its permitted activities; and +c. Prepare a risk management plan, including the emergency response mechanism, and provide +the Agency with a copy thereof and any updates thereto. +d. The Agency shall be provided by a periodic report that shall be updated annually, or as +required by the Agency, concerning any warnings or risks related to any Space Objects +participating in any Activities permitted. +2. The rules and requirements for the implementation of the provision of Clause (1) of this Article shall be determined by a BOD resolution. +3. Subject to the provisions of liability established in this Decree by Law, the Operator +compli ance with obligations prescribed under this Article does not affect the general principle +stipulating that the State is not liable for any of the plans or reports required under this Article, +or for the contents of those reports, or any damage caused as a result of the implementation +of any of the plans or recommendations raised in the reports. +4. The Concerned Government Entities, in coordination with the Agency, shall prepare a plan for managing Space Sector -related national risks, including the fall of Spac e Objects or +Meteorites from Outer Space on the State Territory. + Federal Decree by Law of 2023 Concerning the Regulation of the Space Sector 18 + " +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (23) +Control and Inspection +1. The Agency shall, In cooperation with the relevant authorities in the State, undertake the +necessary control and inspection work to confirm compliance wit h the provisions of this +Decree by Law and the resolutions issued in implementation thereof. +2. The Agency employees shall exercise control and inspection tasks referred to in Clause (1) of +this Article, and a resolution by the Director General of the Agency may assign these or some +of these tasks to a Person with sufficient experience in any technical aspects subject to control +and inspection, provided that this shall be under the supervision of the Agency. +3. Every Operator subject to control and inspection by the Agency shall cooperate therewith, +provide it with all required information and documents thereto and adhere to the corrective +measures imposed thereby, in accordance with the time period it determines. + +" +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (24) +Investigation of Accidents and Incidents +1. The BOD, in coordination with the Concerned Government Entities, shall issue a resolution +of the provisions and procedures related to Accidents and Incidents that occur or have effects +within or outside the State Territory and investigate those A ccidents and Incidents, taking into +account cases in which investigative bodies from other states participate. +2. A resolution shall be issued by the BOD to form a committee to investigate Accidents and Incidents. The resolution shall determine its tasks, pow ers, and work system. +3. Every Person involved in an Accident or Incident shall cooperate with the Agency and the +investigation committee formed under Clause (2) of this Article, and provide any information +requested from him. +4. Every Operator who has or causes an Incident or an Accident shall immediately inform the +Agency and take the necessary measures to limit the scope of the impact and results of the +Incident or the Accident, based on best practices and what the Agency decides in this regard. Federal Decree by Law of 2023 Concerning the Regulation of the Space Sector 19 + 5. Any Person who knew or discovered that the crew member of Space Object had an Accident, +made emergency landing, or unintentionally landed in the State Territory, or knew or +discovered that a Space Object or a part thereof has returned to Earth in the State Territory, +shall immediately inform the Concerned Entities in the State and not take any measures in +this regard except as determined by those Entities or the Agency. + +" +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (25) +Table of Violations, Administrative Measures and Fines +The Cabinet shall issue, based on a proposal from the BOD, a list of violations and administrative +penalties related to the application of the provisions of this Decree by Law and the resolutions +issued in implementation thereof, including complete or partial suspension of the activity fo r a +specific period. + +" +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (26) +Non -Prejudice to a More Severe Penalty +The imposition of the penalties stipulated in this Law shall be without prejudice to any more +severe penalty stipulated in any other law. + +" +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (27) +Penalties +Whoever contravenes the provisions of Clause (1) of article (5) and the provisions of Clause, (3) +of article (23) of this Decree by Law or every Operator who contravenes the limits of the granted +Permit shall be punished with imprisonment for a period not exceeding (2) two y ears, and a fine +of no less than (AED 30,000) thirty thousand dirhams and no more than (AED 1,000,000) one +million dirhams, or either of them. + Federal Decree by Law of 2023 Concerning the Regulation of the Space Sector 20 + " +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (28) +Whoever contravenes the provisions of Clause (1) of article (6) and the provisions of Clauses, (1) +and (3) of article (7) of this Decree by Law shall be punished with imprisonment for a period not +exceeding (2) two years, and a fine of no less than (AED 100,000) one hundred thousand dirhams +and no more than (AED 10,000,000) ten million dirhams, or either of them. + +" +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (29) +Whoever contravenes the provisions of Clause (1) of article (14) and the provisions of Clause (1) of article (16 ) of this Decree by Law shall be punished with imprisonment for a period not +exceeding (6) six months, and a fine of no more than (AED 200,000) two hundred thousand +dirhams or either of them. + +" +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (30) +Whoever contravenes the provisions of Clause (5) of article (24) of this Decree by Law shall be +punished with a fine of no more than (AED 200,000). + +" +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (31) +Recidivism +Any of the penalties stipulated in this Decree by Law shall be doubled in case of recidivism. + +" +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (32) +Transitional Provisions +1. Every Operator who has a valid Permit or approval issued by a competent Government Entity +and relates to any of the activities that shall be subject to the provisions of this Decree by Law, +shall adjust its situation in accordance with the provisions of th is Decree by Law and the +resolutions issued in implementation thereof within the period to be determined by a +resolution of the BOD, provided that it shall not exceed (2) two years as of the date of entry +into force of this Decree by Law. Federal Decree by Law of 2023 Concerning the Regulation of the Space Sector 21 + 2. The Permits or Ap provals referred to in Clause (1) of this Article shall continue to apply until +the end of their term, cancellation, or replacement thereof with a Permit from the Agency. +3. Any Person or Operator granted Permit or Approval in accordance with Clause (1) of this +Article shall provide the Agency with the following: +a. A written notice that includes copies of the Permit or approval; +b. All requirements, information and data related to Permits or Approvals. +c. Any data or other information required by the Agency, including information related to +registration of Space Objects. +4. Every Operator who practices Space Activities or other activities related to the Space Sector +without Permit from the Agency shall adjust his conditions in accordance with the provisions +of this Decree by Law and the resolutions issued in implementation thereof, within (6) six +months from the date of its implementation. + +" +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (33) +The Concerned Government Entities Cooperation with the Agency +The Concerned Government Entities in the State shall cooper ate with the Agency in the +performance of its tasks, on any matters pertaining to those authorities and related to the Agency areas of competence. + +" +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (34) +Obtaining Other Permits +Permit obtained by any Operator in accordance with the provisions of this Decree by Law shall +not exempt from obtaining any other Permits that shall be required in accordance with the +provisions of applicable legislations in the State. + + + + Federal Decree by Law of 2023 Concerning the Regulation of the Space Sector 22 + " +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (35) +Judicial Enforcement +The Agency employees who are determined by a resolution issued by the Minister of Justice in +agreement with the BOD Chairman, shall have the capacity of judicial officers to prove, within +the limits of their competence, any violations of the provisions of this Decree by Law and the +resolutions issued in im plementation thereof. + +" +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (36) +Appeal against Agency Resolutions +1. Every person may file appeal against any resolution issued by the Agency in implementation +of the provisions of this Decree by Law or the resolutions issued in implementation thereof, +within (60) sixty working days from the date of his notification of the resolution. The appeal +shall be submitted to the BOD Chairman, provided that it is in writing and accompanied by +papers and papers. The appeal shall be decided upon within (90) ninety wor king days from +the date of its submission by a reasoned resolution issued by the BOD Chairman. Failure to +respond within the aforementioned period shall be considered a rejection of the appeal. +2. The resolution issued concerning the appeal shall be final, and the resolution may not be +appealed without a prior appeal and response to it, or the deadline for considering the appeal +has passed after it was submitted without a response. +3. The BOD shall issue a resolution regulating all provisions and procedures for submitting, +considering, and responding to the appeal. + +" +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (37) +Executive Resolutions +Without prejudice to the powers of the Cabinet contained in this Decree by Law, the BOD shall +issue the necessary resolutions to implement the provisions of this Dec ree by Law. + + Federal Decree by Law of 2023 Concerning the Regulation of the Space Sector 23 + +" +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (38) +Delegation of Competences and Exemptions +The Cabinet, based on the proposal of the BOD, may exclude any governmental entity from +implementing all or some of the provisions of this Decree by Law and determine the obligations +resulting from it, or delegate any of the Agency powers mentioned in this Decree by Law to any +governmental entity and determine the obligations resulting from it. + +" +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (39) +Repeals +1. The aforementioned Federal Law No. (12) of 2019 concerning the Space S ector shall be +repealed, as well as any provision that violates or contradicts the provisions of this Decree by Law. +2. The regulations and resolutions in force at the Agency shall continue to be implemented until +what replaces them is issued in accordance with the provisions of this Decree by Law, to the +extent that they conflict with its provisions. + + + + + + + + + + Federal Decree by Law of 2023 Concerning the Regulation of the Space Sector 24 + +" +"telecommunication, technology and space",Federal Decree by Law No. (46) of 2023 Concerning the Regulation of the Space Sector,"Article (40) +Publication and entry into force of Decree by Law +This Resolution shall be published in the Official Gazette and shall be enforced afte r (30) thirty +days as of the date of its publication. + + + + + + +Mohammed Bin Zayed Al Nahyan +President of the United Arab Emirates + + + +Issued by us at the Presidential Palace – Abu Dhabi: +Issued on: September 28, 2023 +Corresponding to: 13 Rabi' I 1445 H " +"telecommunication, technology and space",Cabinet Resolution No. (19) of 2023 Concerning the Space Resources Regulations,"Article (1) +Definitions +In application of the provisions herein, the following words and exp ressions shall have the +meanings ascribed thereto, unless the context requires otherwise: +State : The United Arab Emirates. +Agency : UAE Space Agency. +Board of Directors : Board of Directors of the UAE Space Agency. +Chairman of the Board of Directors : +Chairma n of the Board of Directors of the UAE Space +Agency. +Law : Federal Law No. (12) of 2019 Regulating the Space Sector. +Identified Area : Any area eighty kilometres or more above the mean sea +level. Cabinet Resolution No. (19) of 2023 Concerning the Space Resources Regulations 2 + Operator : A person engaged in Space Activities, Space Supporting +Flights, High Altitude Activities, Space Data management +and distribution activities, or any other activities related to +the Space Sector subject to this Law. +Authorisation Regulations : Regulations related to Authorisation of Space Activities and +other activities related to the Space Sector, applicable in the +Agency. +Space Activities : Activities that target the Identified Area, including its +discovery, making an impact thereon, using, or utilising it, +in accordance with the provisions of article (4) of t his Law. +Space Resources : Any non -living resources present in outer space, including +minerals and water. +Space Resources Activities : Activities related to the exploration, exploitation and use of +Space Resources, whether for commercial, scientific or +other purposes, and include extracting, recovering, refining, +processing, benefiting from, owning, purchasing, selling, +trading, transporting or storing Space Resources, as well as +activities related to logistics, performed in the specified +area, such as transp orting, storing, or supplying Space +Resources. + +" +"telecommunication, technology and space",Cabinet Resolution No. (19) of 2023 Concerning the Space Resources Regulations,"Article (2) +Scope of Application +The provisions of this resolution apply to Space Resources Activities carried out by persons holding the nationality of the State, companies whose headquarters are in the Stat e, or foreign +companies with a branch in the State. + Cabinet Resolution No. (19) of 2023 Concerning the Space Resources Regulations 3 + " +"telecommunication, technology and space",Cabinet Resolution No. (19) of 2023 Concerning the Space Resources Regulations,"Article (3) +Compliance with the conditions of the Space Activity Authorisation +Operators wishing to carry out Space Resources Activities shall comply with the provisions of this +resolution in addition to the provisions of the Authorisation regulations. + +" +"telecommunication, technology and space",Cabinet Resolution No. (19) of 2023 Concerning the Space Resources Regulations,"Article (4) +Application Conditions +1. Operators who practice (or apply for Authorisation to practice Space Resources Activities) +shall comply with the following conditions before beginning to practice thes e activities: +a. The Operator may not carry out any activities within the scope of Space Resources +Activities that would constitute a danger or threaten the State ability to comply with any +international legal obligations. +b. The Agency shall be provided w ith all required information, including technical +information and risk assessments, as required by the Agency. +c. The evidence proving that the Operator has taken all necessary measures to prevent or +mitigate the following shall be submitted: +1. Risks that threaten the safety of people or property. +2. Damage that may be caused to people or property. +3. Harmful effects on the Earth environment. +4. Harmful pollution in outer space, including celestial bodies. +5. Space Debris Production. +6. Harmful interferenc e with ongoing Space Activities, including activities of other +Space Resources. +2. The Operator shall, upon receipt of the Authorisation and commencement of Space Resources Activities, keep the Agency informed of the latest developments regarding the progr ess of Space Resources Activities and comply with all instructions issued by the Agency +in the event of an emergency or the possibility of physical risks arising from Space Resources Activities. Cabinet Resolution No. (19) of 2023 Concerning the Space Resources Regulations 4 + 3. The Agency may request any additional information or evalu ations necessary (including +financial and technical evaluations) before granting the Authorisation. +4. The Operator (or Applicant, as the case may be) shall comply with all applicable regulations +issued by the Cabinet and the Agency, including those relating to liability coverage. + +" +"telecommunication, technology and space",Cabinet Resolution No. (19) of 2023 Concerning the Space Resources Regulations,"Article (5) +Special considerations by the Agency +The Agency shall take into account the following before granting Authorisation: +1. The international legal obligations imposed on the State and any other international +requirements agreed to by the State. +2. Any potential adverse effects on the Earth environment or harmful pollution in the +Identified Area, including celestial bodies, taking into account any international +guidelines, policies or other instruments related to planetary protection. +3. The rights of other States related to access to all stations, facilities, equipment, and spacecraft on the surface of the moon and other celestial bodies, in accordance with the +international obligations of the State, taking into account the safety of operations, +avoiding interference in operations, and protecting intellectual property rights and +commercially sensitive data. +4. The State obligation to consult with any affected State when it has reasons to believe that Space Resources Activ ities may lead to obstruction of the activities of another State in the +Identified Area, including activities of that State that may fall within the meaning of Space +Resources Activities. +5. Exchanging scientific information resulting from Space Resources Activities with the international scientific community, to the maximum extent possible and practical, on the +basis of good faith, and in accordance with the national laws in force in the State. +6. Any other considerations that the Agency deems appropriate and relevant, including the +extent of any priority rights over Space Resources. + Cabinet Resolution No. (19) of 2023 Concerning the Space Resources Regulations 5 + " +"telecommunication, technology and space",Cabinet Resolution No. (19) of 2023 Concerning the Space Resources Regulations,"Article (6) +Space Resources Database +1. The Agency shall maintain information on the purposes, locations, and duration of activities +of Space Resources declared by the Agency in a special national database, and based on this +data. The Agency has the right to determine priority rights at the national level. +2. The Agency shall maintain a national database dedicated to the results of Space Resources +Activities, based on the infor mation provided by the Operator pursuant to article (4) of this +resolution. The Agency may share this data in accordance with the national laws in force in the State. + +" +"telecommunication, technology and space",Cabinet Resolution No. (19) of 2023 Concerning the Space Resources Regulations,"Article (7) +Property rights over Space Resources +1. Without prejudice to the international obligations of the State, Space Resources may be +explored, exploited or used by conducting Space Resources Activities. The Operator also has +the right to exercise ownership rights, recognised under national laws ap plicable in the State, +over any Space Resources that the Operator has explored, exploited or used through its Space Resources Activities, as authorised by the Agency. +2. Property rights include, in particular, the right to own, buy, sell, trade, transfer, store, use or +dispose of Space Resources extracted in the context of authorised Space Resources Activities, and any Space Activities aimed at providing logistical services in this regard in accordance +with this resolution, the law, and all other applicable regulations of the Agency and any other +laws and regulations applicable within the State. + + + + + Cabinet Resolution No. (19) of 2023 Concerning the Space Resources Regulations 6 + " +"telecommunication, technology and space",Cabinet Resolution No. (19) of 2023 Concerning the Space Resources Regulations,"Article (8) +Mandatory Notice to the Agency +1. The Operator shall immediately inform the Agency of the following: +a. Any significant changes to the mission plan and its characteristics. +b. Any incident or accident related to the Operator or any other entities involved in Space +Resources Activities, including any subcontractors. +c. Any damage or risk of damage that may befall persons or property. +d. Any harmful or pote ntially harmful effects on the Earth environment. +e. Any harmful or potential pollution to the Identified Area, including celestial bodies. +f. Any production of Space Debris or the risk of its formation resulting from the authorised activity of the Operato r. +g. Any safety measures in the area associated with authorised Space Resources Activities. +h. Any unintended interference or damage to a space object belonging to another State, or +unintended interference or damage to sites on the moon or any other celes tial bodies of +historical importance. +2. The Operator shall submit an annual report on the progress and results of Space Resources Activities. +3. At the end of the mission during which Space Resources Activities are carried out, the +Operator shall inform the Agency regarding the termination of authorised Space Resources +Activities and submit a report on the results of the activities indicating the status of the area +in which Space Resources Activities were carried out, including the presence of any space +objects or Parts of it. + +" +"telecommunication, technology and space",Cabinet Resolution No. (19) of 2023 Concerning the Space Resources Regulations,"Article (9) +Executive Resolutions +The Board of Directors shall issue the necessary Resolutions for implementation of the provisions +of this Resolution. + Cabinet Resolution No. (19) of 2023 Concerning the Space Resources Regulations 7 + " +"telecommunication, technology and space",Cabinet Resolution No. (19) of 2023 Concerning the Space Resources Regulations,"Article (10) +Publication and Entry into Force +This Resolution shall be published in the Official Gazette and shall be enforced after (60) sixty +days as of the date of its publication. + + + + + + + + + + + + + +Mohammed bin Rashid Al Maktoum +Prime Minister + + +Issued by Us: +Dated: March 13, 2023 +Corresponding to: 21/Shaaban/1444 H " +industry and technical standardisation,Cabinet Resolution No. (43) of 2022 Concerning the Executive Regulation of Federal Law No. (11) of 2019 Concerning the Rules and Certificates of Origin,"Article (1) +Definitions +The definitio ns stated in the aforementioned Federal Law No (11) of 2019 shall apply to +this Resolution; otherwise, the following words and phrases shall have the meanings +assigned to each of them, unless the context otherwise requires: +The Ministry of Industry and Adv anced Technology and +the local authorities concerned with industrial affairs in +the State. : Competent +Authorities +The Federal Authority for Identity, Citizenship, Customs +and Ports Security. : ICP Cabinet Resolution of 202 2 Concerning the Executive Regulations of Federal Law of 201 9 Concerning the +Rules and Certificates of Origin 2 + The automated information system applicable by the +Department to deal with requests for Certificates of Origin +in terms of submitting and processing data, issuing +certificates of origin and any other procedures that can be +carried out through the electronic system of Certificates of +Origin. : Electronic Sy stem of +Certificates of Origin +Federal Law No. (11) of 2019 on the Rules and Certificates +of Origin. : Law + +" +industry and technical standardisation,Cabinet Resolution No. (43) of 2022 Concerning the Executive Regulation of Federal Law No. (11) of 2019 Concerning the Rules and Certificates of Origin,"Article (2) +Wholly Obtained Commodities +1. The commodity shall be deemed to belong to the country of origin from which it was +wholly obtained in the case of marine fishing products and other products obtained +from outside the territorial waters of the State by ships of that country, and products +manufactured on board these ships, in accordance with the following controls: +a. If it has been registered or enlisted in that country. +b. If the ship sails under the flag of that country. +2. The provisions and rules stipulated in Federal Law No. (26) of 1981 Concerning the +Maritime Commercial Law and its amendments shall apply to determining the +nationality of the s hip contained in Paragraph (1) above. + +" +industry and technical standardisation,Cabinet Resolution No. (43) of 2022 Concerning the Executive Regulation of Federal Law No. (11) of 2019 Concerning the Rules and Certificates of Origin,"Article (3) +Wholly Processed, Produced or Manufactured Commodities +The product shall be deemed from the country of origin in which it is obtained and +contains materials that are not fully obtained therein, in accordan ce with the following +standards and controls: +1. The Conventions shall specify the conditions and controls for deeming that +commodities have been adequately processed, operated or manufactured within the +country with regard to determining the preferential ori gin. Cabinet Resolution of 202 2 Concerning the Executive Regulations of Federal Law of 201 9 Concerning the +Rules and Certificates of Origin 3 + 2. Adequate processing, operation or manufacturing processes must have been carried +out on these materials within the country with regard to determining the non - +preferential origin. +3. Products that have been adequately processed, operated or manufactured w ith regard +determining the preferential origin shall be specified for the purposes of applying +customs tariffs, foreign trade statistics, and applying anti -dumping, support and +protection duties, or for the purposes of applying quantitative restrictions or other +measures related to foreign trade. + +" +industry and technical standardisation,Cabinet Resolution No. (43) of 2022 Concerning the Executive Regulation of Federal Law No. (11) of 2019 Concerning the Rules and Certificates of Origin,"Article (4) +Standards and Controls Necessary to Deem That Commodities Have Been +Adequately Processed, Operated or Manufactured +The product shall be deemed to have been adequately processed, operated, or +manufactured in determining the non -preferential origin, in accordance with the +following standards and controls: +1. The country in which the product has undergone the last major operation or +processing, in compliance with the following requirements: +a. These operations must be economically justified. +b. These operations must take place inside a facility that is equipped for this purpose. +c. These operations must result in the manufacture o f a new product or represent an +important stage of manufacturing, through a change in the customs item or +through specific manufacturing operations. +d. Operations shall not be among those stipulated in article (4) of the Law. +2. The operation is not deemed as ec onomically justified if it is found, based on the +available data, that it aims to avoid the application of the procedures related to anti - +dumping, support and prevention duties and other procedures stipulated in Paragraph +(3) of article (3) of this Resolut ion. +3. In the course of verifying whether the operation is economically justified, all elements +related to the last processing that were carried out and the purpose thereof in the +country in which the product has undergone the last operation or primary proce ssing +shall be taken into account. Cabinet Resolution of 202 2 Concerning the Executive Regulations of Federal Law of 201 9 Concerning the +Rules and Certificates of Origin 4 + 4. In the event that the last operation or basic processing is not economically justified, +the products shall be deemed to have undergone the last processing or basic +processing that resulted in a new product or represented an important stage of +manufacturing in the country in which the highest value of the materials used for +manufacturing was obtained. + +" +industry and technical standardisation,Cabinet Resolution No. (43) of 2022 Concerning the Executive Regulation of Federal Law No. (11) of 2019 Concerning the Rules and Certificates of Origin,"Article (5) +Events of Proof of Country of Origin +Proving the country of origin of commodities imported into the State shall be subject to +the following: +1. The preferential country of origin of commodities imported into the Stare shall be +proved in accordance with the rules agreed upon in the framework of the +Conventions, in order to obtain the preferential treatment specifi ed in these +Conventions. +2. The non -preferential country of origin of commodities imported into the State shall be +proven through any of the following: +a. Non -preferential certificate of origin. +b. A commercial invoice issued by the competent authority of the count ry of export +bearing the proof of origin. +c. A non -removable indication of origin on the product. +d. Any other documents required by the Department in order to verify the non - +preferential country of origin. +3. When submitting a certificate of origin to prove the non -preferential country of origin, +the data contained in the certificate must match the data that must be included in the +commercial invoice. +4. The certificate of origin to prove the non -preferential country of origin must include +the number and type of par cels, their marks and numbers, the type of commodities, +their gross and net weight, their origin, the name of the consignor and the name of the +consignee. + +" +industry and technical standardisation,Cabinet Resolution No. (43) of 2022 Concerning the Executive Regulation of Federal Law No. (11) of 2019 Concerning the Rules and Certificates of Origin,"Article (6) Cabinet Resolution of 202 2 Concerning the Executive Regulations of Federal Law of 201 9 Concerning the +Rules and Certificates of Origin 5 + Events of Exemption from Submitting Proof of Origin +Commodities imported into the State may be exempted from submitting a certificate or +documents to prove the country of origin, according to the following: +1. Commodities imported into the State shall be exempted from submitting a certificate +or documents to prove the preferential country of ori gin as determined by the +provisions of the Conventions. +2. Commodities imported into the State may be exempted from submitting a certificate +or documents to prove the non -preferential country of origin, according to the +following: +a. Products sent in small parcels from one person to another, or products that are par t +of the passenger's personal baggage on the basis that these products are not +imported for trade. +b. If it is clear from the nature and quantity of the products that they are not for +commercial purposes, such as being made irregularly or only containing prod ucts +for the personal use of the recipient, travellers, or their families. +c. Tagged advertising material not intended for sale. +d. Samples and models of commodities received with no commercial capacity. +e. Personal effects and used household items brought by citiz ens residing abroad and +foreigners coming to reside in the State for the first time. +f. Newspapers, magazines, books, journals and catalogues. +g. Remnants of ships anchored in the State's ports. +h. Personally used cars and motorcycles. +i. Gifts and donations received for Ministries, directorates, and government +institutions. +j. Commodities sold by public auction. +k. Remnants of factories and warehouses located in free zones. +l. Commodities under temporary admission status. +m. Transit commodities. + +" +industry and technical standardisation,Cabinet Resolution No. (43) of 2022 Concerning the Executive Regulation of Federal Law No. (11) of 2019 Concerning the Rules and Certificates of Origin,"Article (7) +Issuance of Preferential Certificates of Origin for National Commodities Cabinet Resolution of 202 2 Concerning the Executive Regulations of Federal Law of 201 9 Concerning the +Rules and Certificates of Origin 6 + 1. The Ministry shall issue preferential certificates of origin for national commodities +exported abroad, in accordance with the rules and forms specified by the Conventions. +2. Subject to Paragraph (1 ) of this Article, the Ministry shall issue preferential certificates +of origin for national commodities exported abroad based on an application submitted +by the exporter or its representative through the electronic system for issuing +certificates of origi n. +3. The exporter or its representative shall, in order to apply for the issuance of a +preferential certificate of origin, register in the exporter's registration service through +the electronic system for issuing certificates of origin, by filling in the dat a related to +the following : +a. Data on the company. +b. Data on the activity. +c. Data on the capital. +d. Data on employees. +e. Data on inputs and quantities used in production. +f. Data on the origin of production inputs. +g. Date on the product. +h. Data on production and sales. +i. Any other data specified by the Ministry. +4. The exporter or its representative shall, during the registration in the exporter’s +registration service through the electronic system of certificates of origin, attach the +documents required for registration, including: +a. Company's licence. +b. Company's sitemap. +5. The exporter or its representative shall, after being registered by the administration +within the electronic system of certificates of origin, apply for the issuance of a +preferential certificate of origin by filling in the required data and attaching the +documents related to the application. +6. The Department shall verify the data and documents attached to the application for +the issuance of a preferential certificate of orig in, including the payment of the due fee +by the exporter or his representative, and in the light of which: Cabinet Resolution of 202 2 Concerning the Executive Regulations of Federal Law of 201 9 Concerning the +Rules and Certificates of Origin 7 + a. Approve the issuance of a preferential certificate of origin. +b. Refuse to issue a preferential certificate of origin. +c. Request the completion of any inc omplete data or documents deemed necessary +by the Department. +7. Unless the Conventions provide otherwise, the preferential certificate of origin must +include an electronic link or a QR code or both in order to verify that the certificate is +original. +8. If the Conventions stipulate the rules of preferential certificates of origin upon import, +the priority of application shall be given to the provisions stipulated in the +Conventions. + +" +industry and technical standardisation,Cabinet Resolution No. (43) of 2022 Concerning the Executive Regulation of Federal Law No. (11) of 2019 Concerning the Rules and Certificates of Origin,"Article (8) +Issuing Non -preferential Certificates of Origin for National Comm odities +by the Ministry +1. The Ministry shall issue non -preferential certificates of origin for national +commodities exported abroad, in accordance with the standards stipulated in Article +(4) of this Resolution, and the following procedures: +a. The Ministry shall issue non -preferential certificates of origin for national +commodities exported abroad based on an application submitted by the exporter +or its representative through the electronic system for issuing certificates of origin. +b. The exporter or its representative shall, in order to apply for the issuance of a non - +preferential certificate of origin, register in the exporter's registration service +through the electronic system for issuing certificates of origin, by filling in the data +and attaching the documents required for registration in accordance with the +provisions of Paragraphs (3) and (4) of article (7) of this Resolution. +2. The exporter or its representative shall, after being registered by the administration +within the electronic system of c ertificates of origin, apply for the issuance of a non - +preferential certificate of origin by filling in the required data and attaching the +documents related to the application. Cabinet Resolution of 202 2 Concerning the Executive Regulations of Federal Law of 201 9 Concerning the +Rules and Certificates of Origin 8 + 3. The Department shall verify the data and documents attached to the application for +the issuance of a non -preferential certificate of origin, including the payment of the +due fee by the exporter or his representative, and in the light of which: +a. Approve the issuance of a non -preferential certificate of origin. +b. Refuse to issue a non -preferential certificate of origin. +c. Request the completion of any incomplete data or documents deemed necessary +by the Department. +4. The non -preferential certificate of origin issued by the Ministry must include an +electronic link or a QR code or both in order to verify that the certificate is original. +5. During the period of verifying the data and documents related to the application for +the issuance of a non -preferential certificate of origin, the Department may request to +complete the incomplete data or documents that it deems necessary. + +" +industry and technical standardisation,Cabinet Resolution No. (43) of 2022 Concerning the Executive Regulation of Federal Law No. (11) of 2019 Concerning the Rules and Certificates of Origin,"Article (9) +Issuing Non -preferential Certificates of Origin for National Commodities +by the Chamber +1. The Chamber shall, in coordination with the Ministry, issue non -preferential +certificates of origin for national commodities exported abroad, in accordance with the +standards stipulated in article (4) of this Resolution, and the following procedures: +a. The exporter or its representative may submit a request to issue a non -preferential +certificate of origin for national commodities to the Chamber in accordance with +the procedures approved thereby in this regard. +b. The Chamber shall verify the data and documents attached to the application to +issue a non -preferential certificate of origin for national commodities, including +the payment of the due fee by the exporter or its representative in accordance with +the provisions of article (9) of this Resolution. +c. The Cha mber shall issue a non -preferential certificate of origin for national +commodities or refuse to issue it or require the exporter to complete any data or +documents it deems necessary to issue the certificate. +2. The Chamber shall coordinate with the Department to provide it with a copy of the +non -preferential certificates of origin for national commodities that it has issued by Cabinet Resolution of 202 2 Concerning the Executive Regulations of Federal Law of 201 9 Concerning the +Rules and Certificates of Origin 9 + providing an electronic link that ensures that the Department has access to the non - +preferential certificates of origin for national co mmodities issued by the Chamber or +any other method used for exchanging information and data. +3. The non -preferential certificate of origin issued by the Chamber must include an +electronic link or a QR code or both in order to verify that the certificate is o riginal. + +" +industry and technical standardisation,Cabinet Resolution No. (43) of 2022 Concerning the Executive Regulation of Federal Law No. (11) of 2019 Concerning the Rules and Certificates of Origin,"Article (10) +Coordination Between the Ministry and the Competent Authorities +1. Subject to the provisions of Articles (7), (8) and (9) of this Resolution, certificates of +origin for industrial national commodities shall be granted to exporters who own +industrial establishments for whom an industrial licence has been issued by the +Comp etent Authorities in the State. In the event that the exporter is not from the +industrial establishment, a copy of the industrial licence of the concerned industrial +establishment must be attached to the application for a certificate of origin. +2. The Departm ent shall coordinate with the Competent Authorities in the procedures +for issuing certificates of origin for industrial national commodities in accordance with +the mechanism agreed upon between the Ministry and the Competent Authorities in +order to verify all data related to the industrial establishment. + +" +industry and technical standardisation,Cabinet Resolution No. (43) of 2022 Concerning the Executive Regulation of Federal Law No. (11) of 2019 Concerning the Rules and Certificates of Origin,"Article (11) +Validity Period of the Certificate of Origin +1. The validity of the preferential certificate of origin shall be six (6) months unless the +Conventions specify another period of validity. +2. The validity of the non -preferential certificate of origin for national commodities +exported abroad is for a period of six (6) months as of the date of its issuance in the +State; and the Department or Chamber, as the case may be, may extend it for a period +of four (4) months at the request of the exporter or its representative in a manner that +does not conflict with the validity period of the products, if any. + +" +industry and technical standardisation,Cabinet Resolution No. (43) of 2022 Concerning the Executive Regulation of Federal Law No. (11) of 2019 Concerning the Rules and Certificates of Origin,"Article (12) +Register of Certificates of Origin Cabinet Resolution of 202 2 Concerning the Executive Regulations of Federal Law of 201 9 Concerning the +Rules and Certificates of Origin 10 + 1. A register shall be established with the Department t o enter all preferential and non - +preferential certificates of origin for national commodities exported outside the +country, called the Electronic Register of Certificates of Origin. +2. All data entered in the Electronic System of Certificates of Origin shall be entered in +the Electronic Register of Certificates of Origin in order to obtain preferential and non - +preferential certificates of origin for national commodities. +3. A copy of all preferential and non -preferential certificate of origin for national +commodi ties issued by the Department must be kept within the Electronic Register of +Certificates of Origin, for a period not less than three (3) years. +4. Subject to the provisions of article (9) of this Resolution, the Department shall keep +the data of non -preferen tial certificates of origin for national commodities issued by +the Chamber. +5. In applying the provisions on the Electronic Record of Certificates of Origin, the rules +stipulated in the Conventions shall be taken into consideration. + +" +industry and technical standardisation,Cabinet Resolution No. (43) of 2022 Concerning the Executive Regulation of Federal Law No. (11) of 2019 Concerning the Rules and Certificates of Origin,"Article (13) +Reasons and Procedures for Verification of the Validity of Origin +1. For the purposes of implementing Paragraph (2) of article (9) of the Law, the +Department shall, in the event of refusal to grant preferential treatment to products +imported into the State, r eturn the certificate of origin with the documents related +thereto to the authority competent to issue the certificate of origin in the country of +export for the purpose of requesting the verification of the validity of the origin, +explaining the reasons f or the verification request. +2. Verification shall be made on the basis of serious doubts regarding the following: +a. Validity of Documents. +b. Validity of the origin of the products. +c. Validity of the data and information provided to prove the country of origin . +3. The Department shall send any documents or information obtained indicating that the +information provided in the certificate of origin may be incorrect shall be sent to +support the request to verify the validity of the data. Cabinet Resolution of 202 2 Concerning the Executive Regulations of Federal Law of 201 9 Concerning the +Rules and Certificates of Origin 11 + 4. The request shall be ver ified by the competent government authorities in the country +of export, and for this purpose, they may request any evidence, data, or any other +review they deem appropriate. +5. The competent government authority in the country of export shall inform the +Depar tment of the results of the verification process as soon as possible. The +verification results shall indicate the validity of the certificate of origin or the origin of +the products concerned. +6. If the Conventions stipulate the reasons and procedures for ver ifying the validity of +preferential certificates of origin upon import, the priority of application shall be given +to the provisions stipulated in these Conventions. + +" +industry and technical standardisation,Cabinet Resolution No. (43) of 2022 Concerning the Executive Regulation of Federal Law No. (11) of 2019 Concerning the Rules and Certificates of Origin,"Article (14) +Reviewing the Documents of the Country of Origin +1. The Department may carry ou t a selective subsequent review of the documents +proving the country of origin when it has serious doubts about the validity of these +documents, the origin of the products concerned, the data and information provided +to prove the country of origin, or othe r relevant reasons regarding the true origin of +the commodity. +2. For the purposes of implementing Paragraph (1) of this Article, the Department shall +return the certificate of origin with the documents that were submitted to the authority +competent to issue certificates of origin in the country of export for the purpose of +verifying the validity of the origin, explaining the justifications for the verification +request. +3. The Department shall send any documents or information obtained indicating that the +informa tion provided to prove the origin may be incorrect in order to support the +request for data verification. +4. The request shall be verified by the competent government authorities in the country +of export, and for this purpose, they may request any evidence, d ata, or any other +review they deem appropriate. +5. The competent government authority in the country of export shall inform the +Department of the results of the verification process as soon as possible. The Cabinet Resolution of 202 2 Concerning the Executive Regulations of Federal Law of 201 9 Concerning the +Rules and Certificates of Origin 12 + verification results shall indicate the validity of the certificate of origin or the origin of +the products concerned. +6. If the Conventions stipulate reviewing the documents of the preferential country of +origin of the commodity upon import, the priority of application shall be given to the +provisions stipula ted in these Conventions. + +" +industry and technical standardisation,Cabinet Resolution No. (43) of 2022 Concerning the Executive Regulation of Federal Law No. (11) of 2019 Concerning the Rules and Certificates of Origin,"Article (15) +Controls and Procedures for Subsequent Review of Documents of the +Country of Origin +1. The customs offices shall provide the Department with copies of the preferential +certificates of origin upon import into the State at the request of the Department, +allowing it to view copies of the preferential certificates of origin that were submitted +to the customs offices to obtain preferential treatment for the purposes of a +subsequent selective review of the validity of d ocuments proving the country of origin +or the origin of products concerned or the data and information provided to prove the +country of origin in accordance with the requirements of Paragraph (1) of article (10) +of the Law. +2. The customs offices shall, of th eir own accord, and periodically or at the request of the +Department, provide the Ministry with copies of the preferential certificates of origin +upon import into the State for a subsequent selective review of the validity of the +certificate of origin or t he true country of origin of the imported products. +3. The customs offices shall provide the Department with copies of the preferential +certificates of origin upon import into the State in accordance with the mechanism and +the period to be determined in coord ination between the Ministry, the ICP and the +customs offices. +4. The Department shall inform the customs offices, through ICP, of the verification +results and any procedures resulting from such verification. +5. If the Conventions stipulate a subsequent selective review of the validity of the +preferential certificate of origin for the products subject to verification, the priority of +application shall be given to the provisions stipulated in these Conventions. + Cabinet Resolution of 202 2 Concerning the Executive Regulations of Federal Law of 201 9 Concerning the +Rules and Certificates of Origin 13 + " +industry and technical standardisation,Cabinet Resolution No. (43) of 2022 Concerning the Executive Regulation of Federal Law No. (11) of 2019 Concerning the Rules and Certificates of Origin,"Article (16) +Simple and Formal Di fferences +1. The discovery of minor differences between the data contained in the certificate of +origin and customs clearance documents for non -preferential certificates of origin +shall not automatically lead to deeming the certificate of origin as void, when the +following is proven: +a. That these documents are specific to the products offered. +b. That these differences do not affect or violate the legislation in force, and this shall +be subject to the discretion of the customs office. +2. Minor differences between the data contained in the certificate of origin and customs +clearance documents for preferential certificates of origin shall be determined in +accordance with the rules agreed upon in the framework of the Conventions. +Otherwise, the provisions of Paragraph (1) of this Article shall be applied. + +" +industry and technical standardisation,Cabinet Resolution No. (43) of 2022 Concerning the Executive Regulation of Federal Law No. (11) of 2019 Concerning the Rules and Certificates of Origin,"Article (17) +Repeals +Any provision that violates or contradicts the provisions of this Resolution shall be +repealed. + + + + + + +" +industry and technical standardisation,Cabinet Resolution No. (43) of 2022 Concerning the Executive Regulation of Federal Law No. (11) of 2019 Concerning the Rules and Certificates of Origin,"Article (18) +Resolution Publication and Enforcement +This Resolution shall be published in the Official Gazette and shall be enforced thirty (30) +days after the date of its publication. + + Cabinet Resolution of 202 2 Concerning the Executive Regulations of Federal Law of 201 9 Concerning the +Rules and Certificates of Origin 14 + + + + + + + + + + + + + + + + + + + +Mohamed Bin Rashid Al Maktoum +Prime Minister + +Issued by Us: +On: 27 Ramadan 1443 H +Corresponding to: 28 April 2022 AD + " +industry and technical standardisation,Federal Law No. (11) of 2019 on the Rules and Certificates of Origin,"Article (1) +Definitions +In appl ication of the provisions of this Law, the following words and expressions shall have +the meanings ascribed thereto unless the context requires otherwise: +State : United Arab Emirates. +Ministry : The Ministry of Economy. +Department : Competent Department at the Ministry. +Customs Departments : Local Customs Department in each Emirate. +Chamber : Chambers of Commerce & Industry in State. +Commodities +: Materials and Products. +Materials : Any items, raw materials or components or parts and others, +which are used in manufacturing the product. +Products : Products which have been manufactured even if used in other manufacturing processes. +Manufacturing : +All processes of operation or processing including the +assembly operations or certain operations. +Customs Value : Value of a commodity as stated by the customs law in State. +Rules of Origin : Basics which identify the country of origin of the commodity +Federal Law No. (11) of 2019 on the Rules and Certificates of Origin 3 subject to this law or conventions. +Certificate of +Origin : A document identifying the country of origin concerning the commodity. + +Preferential +Origin : +Country of origin identified according to the conventions in +order to give the commodity a preferential treatment at the +export or import. +Non -Preferential +Origin : : Country of origin identified according to the general +application of rules of origin without giving the commodity a +preferential treatment at the export or import. +Label of Origin : Any statement points to or indicates that the commodities had been manufactured or produced in a country, whether stated on the commodity itself or on its cover in +non -removable manner. +Conventions : +International or regional or bilateral conventions to which +the State is a party. +Country of +Origin : Country in which the comodity is produced or manufactured or extracted in accordance with the rules of origin. +Preferential Treatment : Granting the commodities a relief or reduction from customs fees or granting them any other benefits at the import or +export as identified by provisions of the conventions. + +Chapter Two +Rules Identifying the Country of Origin +" +industry and technical standardisation,Federal Law No. (11) of 2019 on the Rules and Certificates of Origin,"Article (2) +Wholly Obtained Commodities +The commodity shall be deemed to belong to the country of origin from which it was wholly +obtained in any of the following cases: +1. Mineral products extracted from its soils or from its seabed. +Federal Law No. (11) of 2019 on the Rules and Certificates of Origin 4 2. Vegetable products harvested or gathered in that country. +3. Live animals born and raised in that country. +4. Products obtained from live animals in that country. +5. Products obtained from hunting or fishing in that country. +6. Products obtained from maritime fishing and other products taken from the sea by a +vessel outside territorial waters of that country. Products obtained aboard a factory ship +of that vessel, in accordance with controls stated by the Executive Regulation of this law. +7. Products used articles, collected in that country and fit only for the recovery of raw materials. +8. Waste of products resulted from manufacturing operations carried out therein. +9. Products extracted from marine soil or subsoil outside that country's territorial waters, +provided that the country has sole rights to work that soil or subsoil. +10. Commodities produced in that country solely from the products referred to in paragraphs (1) to (9) of this Article. + +" +industry and technical standardisation,Federal Law No. (11) of 2019 on the Rules and Certificates of Origin,"Article (3) +Wholly processed, produced or manufactured Commodities +Product shall be deemed from the country in which it is obtained and that product contains +materials that are not fully obtained inside it, provided these materials are processed, +produced or manufactured wholly inside the country in accordance with the standards and +controls stipulated by the Executive Regulation of this law. + +" +industry and technical standardisation,Federal Law No. (11) of 2019 on the Rules and Certificates of Origin,"Article (4) +Minimal Operations +Operations shall be deemed as insufficient or secondary, whether made separately or +together, to give a commodity the originating status in any of the following cases: +1. Operations necessary for assuring the proper preservation of commodities for the +purposes of transportation or storage including, ventilation, diffusion, drying, cooling, +removal of damaged parts, etc. +2. Simple operations conducted on the products including, removal of dust, filtering, +Federal Law No. (11) of 2019 on the Rules and Certificates of Origin 5 ordering, classification, washing, varnishing, cutting, changing and disengaging and +assembling of covers, simple packaging in bottles, vials, bags, cans or boxes, labelling the +trademarks on the products or its boxes, simple mix -up, animal slaughtering, in addition +to other similar simple operations. + +Chapter Three +Proving the Country of Origin +" +industry and technical standardisation,Federal Law No. (11) of 2019 on the Rules and Certificates of Origin,"Article (5) +Cases of proving the Country of Origin +1. Imported commodities shall prove the country of origin by providing the certificate of +origin or any other documents issued by the competent authority in the export country +or by a non -removable label of origin on the product, in accordance with the rules +adopted within the framework of the agreements and cases determined by the Executive +Regulation of this law. +2. As an exception of the provisions of paragraph (1) of this article, commodities imported +to the State may be exempted from providing the certificate of origin or the documents +proving the country of origin in accordance with the cases determined by the Executive +Regulation of this law. + +" +industry and technical standardisation,Federal Law No. (11) of 2019 on the Rules and Certificates of Origin,"Article (6) +Issuing the Certificates of Origin +1. The Ministry shall issue the preferential certificates of origin for the national +commodities exported abroad in accordance with the rules and forms set out in the +agreements and procedures determined by the Executive Regulation of this law. +2. The Ministry shall issue the preferential certificates of origin for the national +commodities exported abroad, and the Chamber shall issue them in coordination with +the Ministry, in accordance with the general rules and forms and procedures determined +by the Executive Regulation of this law. +3. The Chamber shall issue the certificates of origin for the foreign commodities +Federal Law No. (11) of 2019 on the Rules and Certificates of Origin 6 re-exported in accordance with the regulations and procedures adopted thereby. + +" +industry and technical standardisation,Federal Law No. (11) of 2019 on the Rules and Certificates of Origin,"Article (7) +Validity of Certificate of Origin +Validity of preferential and non -preferential certificate of origin shall be in accordance with +the periods determined by the Executive Regulation of this law, unless otherwise stated. + +" +industry and technical standardisation,Federal Law No. (11) of 2019 on the Rules and Certificates of Origin,"Article (8) +Register of Certificates of Origin +1. The department shall establish a register to record all the preferential and +non -preferential certificates of origin and shall keep a copy at least for three years. +2. The Executive Regulation of this law shall determine the rules and controls to establish +and keep these registries. + +Chapter Four +Controlling the Validity of Country of Origin +" +industry and technical standardisation,Federal Law No. (11) of 2019 on the Rules and Certificates of Origin,"Article (9) +Verifying the Validity of Country of Origin +1. In coordination with the department, in exceptional cases, upon the occurrence of +serious doubts concerning the validity of the certificate of origin, or origin of concerned +products, in case of duplication of the origin between the certificate and proof or if there +is more than a proof on the origin of the commodities, the Customs Departments may: Reject to grant the preferential treatment to the products imported to the State till the +Department ensures the validity of certificate of origin or the real origin of the imported +products. +2. In case of rejection to grant the preferential treatment to the products imported to the +State, the Department shall return the certificate of origin and related documents to the +competent authority in the country of export, clarifying the reasons beyond the request +to verify the validity of country of origin or the origin of imported products. The +Federal Law No. (11) of 2019 on the Rules and Certificates of Origin 7 Executive Regulation shall determine the reasons and procedures to verify the validity of +certificates of origin. +3. Subjec t to Clause (1) of this Article, the Customs Departments shall offer the importer to +release these products in accordance with the customs procedures stipulated in the customs laws of the State. + +" +industry and technical standardisation,Federal Law No. (11) of 2019 on the Rules and Certificates of Origin,"Article (10) +Review of Documents of Country of Origin +1. The Department may carry out a subsequent, selective review for the documents of proof of country of origin when it finds serious doubts on the validity of these +documents or the origin of the specified products or data and information provided for +the proof of country of origin and other relevant reasons. +2. The C ustoms Departments shall automatically and periodically, or upon a request from +the Department, provide the Ministry with copies of preferential certificates of origin upon importing to the State, in order to carry out a subsequent selective review for the +validity of certificates of origin or the real country of origin of the imported products. +3. In coordination with the Customs Departments, the Department may suspend granting +the preferential treatment for the products under verification within the verification +period, provided that the importer is offered to release these products in accordance +with the customs procedures stipulated in the customs laws in the State. +4. The Executive Regulation of this Law shall specify the controls and procedures of subsequent review stipulated in paragraphs (1), (2) and (3) of this Article. + +" +industry and technical standardisation,Federal Law No. (11) of 2019 on the Rules and Certificates of Origin,"Article (11) +Simple and Formal Differences +1. The detection of simple differences between the data stated in the certificate of origin and customs clearance documents shall not cause the certificate of origin to be +automatically invalid whenever these documents are proved to be related to the +provided products. The executive Regulation of this Law shall specify the requirements +to determine simple differences between the data stated in the certificate of origin and +Federal Law No. (11) of 2019 on the Rules and Certificates of Origin 8 customs clearance documents. +2. The typographical or formal errors in the certificate of origin or the customs clearance +shall not justify the rejection of the document if such errors do not result in serious +doubts on the validity of data stated in these documents. + +" +industry and technical standardisation,Federal Law No. (11) of 2019 on the Rules and Certificates of Origin,"Article (12) +Obligations of Ministry towards the Country of Origin +1. The Ministry shall reply to all subsequent requests of verification referred thereto from the competent authority in the country of import with respect to the preferential +certificates of origin issued thereby for the national products. +2. The Ministry shall settle the disputes which may arise with the importing or exporting countries with respect to the application of rules of origin or other relevant cases. +3. The Ministry shall cooperate and coordinate with the competent authority in the country +of import for the proper application of rules of origin and shall provide it with templates +for the seals used in the preferential certificates of origin. + +Chapter Five +" +industry and technical standardisation,Federal Law No. (11) of 2019 on the Rules and Certificates of Origin,"Article (13) +Objection, Grievance and Appeal +1. Anyone the department rejects to grant him the preferential certificate of origin may +object before the Director of the Department within (7) seven working days from the +date of the notice sent to him. His objection should be considered within no more than +(10) ten working days from the date of submission of the request. In case of rejection of +the request, the relevant person shall be informed in writing and such rejection shall be +reasoned. +2. Anyone whose objection is denied or whose request is not replied may appeal before the +Minister within (10) ten working days from the date of rejection of the request. His +grievance shall be decided within no more than (20) twenty working days from the date +of submitting the grievance. In case of rejection of the request, the relevant person +Federal Law No. (11) of 2019 on the Rules and Certificates of Origin 9 should be informed in writing and such rejection shall be reasoned. +3. Anyone the Minister has rejected his grievance may appeal before the competent courts +in State subject to the aforementioned Civil Procedures Law. + +Chapter Six +Penal and Administrative Penalties +" +industry and technical standardisation,Federal Law No. (11) of 2019 on the Rules and Certificates of Origin,"Article (14) +Penal Punishments +Without prejudice to any more severe penalty set forth in any other law, whoever falsifies +the data of commodities imported to the State or exported outside it or provides misleading +information with a view to cheating in the certificate of origin or proof of origin, shall be +punished of temporary imprisonment and a fine that is not less than AED (100.000) one +hundred thousand dirhams and not more than AED (500.000) five hundred thousand +dirhams, or by one of these two punishments. The punishment shall be doubled in case of repetition. + +" +industry and technical standardisation,Federal Law No. (11) of 2019 on the Rules and Certificates of Origin,"Article (15) +Administrative Penalties +The Minister or his delegate may impose on the exporter, whether natural or legal personalty, upon violating any of the provisions stipulated in this law, its Executive +Regulation and resolutions issued for its enforcement, any of the following administrative +penalties: +1. Warning. +2. Temporary suspension of granting the preferential and non- preferential certificates of +origin for no more than a year. +3. Permanent suspension of granting the preferential and non- preferential certificates of +origin. + + +Federal Law No. (11) of 2019 on the Rules and Certificates of Origin 10 Chapter Seven + Final Provisions +" +industry and technical standardisation,Federal Law No. (11) of 2019 on the Rules and Certificates of Origin,"Article (16) +Power of Judicial Officer +Employees of the Ministry, who are determined by a resolution by the Minister of Justice in +agreement with the Minister shall be granted the power of judicial officer in proving the +violation of the provisions of this Law and the resolutions issued for its enforcement, each +within their area of competence. + +" +industry and technical standardisation,Federal Law No. (11) of 2019 on the Rules and Certificates of Origin,"Article (17) +Fees +The Cabinet shall issue a resolution to determine the fees of preferential and +non -preferential certificates of origin issued by the Ministry, upon the proposal of the +Minister of Finance. + +" +industry and technical standardisation,Federal Law No. (11) of 2019 on the Rules and Certificates of Origin,"Article (18) +Executive Regulation +The Cabinet shall issue the Executive Regulation of this Law, upon the proposal of the +Minister, within six months as of the date of its issuance. + +" +industry and technical standardisation,Federal Law No. (11) of 2019 on the Rules and Certificates of Origin,"Article (19) +Repeals +1. The Federal Law No. (6) of 1983 with respect to identifying t he fees imposed on +certificates of origin for the national products of the United Arab Emirates and its +executive resolutions shall be repealed. It, as well as its executive resolutions, shall +remain in force until the issuance of the Cabinet resolution mentioned in article (17) of this Law. +2. Any provision that contradicts or conflicts with the provisions of this Law shall be repealed. +Federal Law No. (11) of 2019 on the Rules and Certificates of Origin 11 +" +industry and technical standardisation,Federal Law No. (11) of 2019 on the Rules and Certificates of Origin,"Article (20) +Publication and Enforcement +This Law shall be published in the official Gazette and shall come into force after a month +from the date of its publication. + + +Khalifa Bin Zayed Al Nahyan +President of the United Arab Emirates + +Issued by us in the presidential palace at Abu Dhabi: on 22/Rabiaa II/1441 +AH Corresponding to: 19 December 2019 AD + + " +industry and technical standardisation,Federal Law No. (10) of 2018 on Product Safety,"Article (1) +Definitions +For the purpose of applying the provisions of this Law, the following words and expressions shall have the meanings assigned thereto respectively, unless the context requires +otherwise: +State : The United Arab Emirates. +Ministry : Emirates Ministry for Standardization and Metrology. +Competent Ministry : The entity or local authority concerned with applying the provi- +sions of this Law in the State. +Customs Authorities : The Federal Customs Ministry and local customs departments in +each emirate. +Product : Every product in its final form intended for the consumer's use or utilization, even if such use is in the course of providing ser- +vices, and such product has been supplied under a paid or un- +paid business or professional transaction including new prod-uct, used operable product which are in good condition and re- +conditioned product. +Safe Product : The product valid to be introduced in the State in the normal or +potential conditions of use, including the period of use, installa- +tion and maintenance, and such product does not give rise to +risks or falls under the minimum risk category, in conformity +Federal Law No. (10) of 2018 On Product Safety 3 + with the product use; provided that it is acceptable and complies +with the maximum protection of health and safety of its users. +Unsafe Product : Every product lacking the conditions of safety, pursuant to Arti-cle (4) of this Law. +Consumer : Anyone who gets a paid or unpaid commodity or service to meet +his personal needs or the needs of others. +Supply Chain : All phases which the product goes through following its produc- +tion until reaching the consumer, including the operations of +importation, storage, wholesale, installment sale, delivery and +any other relevant operations. +Market Control : +Procedures and measures adopted by the Competent Ministry to ensure that the products introduced or to be introduced in the +State are safe, pursuant to this Law. +Product Withdrawal : Any procedure aiming at preventing the introduction of an un-safe product into the State. +Product Recall : Any procedure by which the supplier recalls the unsafe product from the consumer after supplying it to the same. +Supplier : Includes the following: +1. Product manufacturer in case of residing in the State, every-one introducing himself as a product manufacturer by nam- +ing the product after his name or any relevant commercial +description or everyone undertaking the product renewal. +2. Manufacturer's agent in the State in case the manufacturer +resides abroad, or the importer in case of having no repre- +sentative in the State. +3. Every professional from the supply chain whose activity has +an impact on the product safety attributes. +Artifact : A commodity that has an incorporeal, material or historical val-ue and not intended for consumption. +Federal Law No. (10) of 2018 On Product Safety 4 + Introduction : Any process that the product undergoes with a view to selling, +renting, offering or presenting it to the consumer, or its posses- +sion for such purposes, whether paid or unpaid. +Standard : A document outlining the specifications of the commodity, ma- +terial, service or anything subject to standardization or its de- +scription, characteristics, level of quality, dimensions, measures +or requirements of safety and security, along with the terminol- +ogy, symbols, testing methods, sampling, packaging, labels and marks. +Approved Standards : Standards approved by the Ministry, referred to as UAE stand- +ards and referred to using the characters (UAE.S). +Label : A label that includes any data written, printed, drawn, engraved +or hallmarked on products, containing all the relevant infor- +mation thereof and required according to the relevant technical +controls and standards. + +" +industry and technical standardisation,Federal Law No. (10) of 2018 on Product Safety,"Article (2) +Objectives of the Law +This Law aims at the following: +1. Ensuring the safety of products introduced into the State through developing a legislative framework for introducing products into the market, in line with the +international statutes and practices, technical regulations, standards and risk assessment +reports. +2. Defining the requirements of safe product and precautionary and r emedial measures, as +well as specifying responsibilities to control the trade of products manufactured in the State and imported ones. +3. Supporting and protecting the State's economy, security and environment from unsafe +practices and products, or products which are not in conformity with technical +regulations and approved standards. +Federal Law No. (10) of 2018 On Product Safety 5 + 4. Facilitating commercial traffic between the State and international markets, along with +promoting tourism and investment through increasing the confidence in the products +traded in markets and developing a legislative infrastructure for standardization and +quality activities. + +" +industry and technical standardisation,Federal Law No. (10) of 2018 on Product Safety,"Article (3) +Applicability and Exceptions +The provisions of this Law shall apply to all the products introduced into the State, including free zones and the like, except for the following products: +1. Human and veterinary medicines, vaccines and serums and the like. +2. Commodities imported as artifacts. +3. Used products which need repairing, reconditioning or adjustment, within the period +prior to introducing the same into the State. + +" +industry and technical standardisation,Federal Law No. (10) of 2018 on Product Safety,"Article (4) +Safe Product +1. A product is deemed to be safe in any of the following cases: +a. The product complies with the relevant laws, resolutions or technical regulations +issued by the authority defining the product specifications and characteristics, as well +as the compulsory requirements of the processes that it undergoes or any other +technical requirements. +b. The product complies with the approved standards covering safety aspects of the +product, or with any other standards set by an acceptable entity abroad and +approved by the Ministry, in accordance with the controls defined by the Executive Regulations of this Law. +2. If the two cases set forth in the above Item No. (1) are not applicable to the product, a risk assessment report of the product or its aspects, issued by an acceptable entity, shall be presented to the Ministry and it shall be perused and accepted by the same, in +accordance with the controls set forth in the Executive Regulations of this Law, subject to +Federal Law No. (10) of 2018 On Product Safety 6 + the following requirements: +a. Product characteristics, including components, packaging and assembly and +maintenance instructions. +b. Product impact on other products if it is expected to be used with another product. +c. Presenting the product, its label, any instructions related to the product use or +disposal after use and any other instructions defined by the factory. +d. Identifying categories and ages of consumers at risk when using the product, +particularly children, the disabled and the elderly. +e. Any other requirements set forth in the Executive Regulations of the present Law. + +" +industry and technical standardisation,Federal Law No. (10) of 2018 on Product Safety,"Article (5) +Prevention of Unsafe Product Entry +The Customs Authorities in the State shall prevent the entry of an unsafe product, in +accordance with the controls defined by the Executive Regulations of this Law. + +" +industry and technical standardisation,Federal Law No. (10) of 2018 on Product Safety,"Article (6) +Obligations of Supplier +The supplier shall comply with the following: +1. Not introducing unsafe products into the State. +2. Ensuring that the product will remain safe after the introduction and during the normal +and repetitive use. +3. Taking necessary precautionary and remedial measures defined by the Executive +Regulations of the present Law in case a change is discovered in the product characteristics and its transformation to an unsafe product due to the normal use. + + +" +industry and technical standardisation,Federal Law No. (10) of 2018 on Product Safety,"Article (7) +Grievance of Supplier +The supplier may file a grievance against resolutions issued in application of the provisions of the present Law, regarding his products that were proved to be unconforming with the +Federal Law No. (10) of 2018 On Product Safety 7 + requirements of a safe product, in accordance with the following controls: +1. The supplier shall file his grievance in writing to the Ministry within (10) working days +from the date of being notified of the resolution. The grievance shall not be accepted, if +submitted after the aforesaid deadline. +2. The supplier shall attach the necessary documents indicating the reason for the +grievance. +3. During the period of deciding on his grievance, the supplier shall apply the resolution +against which he filed the grievance, until the Ministry issues a resolution to the +contrary. +4. The Ministry shall take the necessary procedures in relation to deciding on the filed +grievances, including the examination of such grievances and verifying the soundness of +the same, based on the information provided by the supplier or any other relevant and +credible sources. +5. The Ministry shall take its decision on any grievance within a period not exceeding (10) +ten working days from the date of receiving it, and its decision shall be final. + +" +industry and technical standardisation,Federal Law No. (10) of 2018 on Product Safety,"Article (8) +Penalties +Whoever commits any of the below acts shall be penalized by imprisonment and/or a fine not less than (AED 500,000) five hundred thousand Dirhams and not exceeding (AED +3,000,000) three million Dirhams: +1. Introduced a product that is incompatible with the safe product requirements set forth in article (4) of the present Law. +2. Continued to introduce a product though a decision is issued to withdraw or recall the same. +3. Introduced a product which has been seized until the safety verification procedures are +completed. + + +Federal Law No. (10) of 2018 On Product Safety 8 + " +industry and technical standardisation,Federal Law No. (10) of 2018 on Product Safety,"Article (9) +Whoever commits any of the below acts shall be penalized by imprisonment and/or a fine +not less than (AED 100,000) one hundred thousand UAE Dirhams and not exceeding (AED +1,000,000) one million UAE Dirhams: +1. Introduced a product into the market before submitting a risk assessment report of the +product or its aspects at the request of the Competent Ministry, or introduced the +product after submitting this report but before being accepted by the Ministry. +2. Refusing to cooperate with the Competent Ministry to avoid risks which may be caused +by the unsafe product. +3. The supplier does not take the actions necessary for monitoring the product safety while +being offered in the State. +4. Not implementing the withdrawal decision or does not recall the product during the +period set by the Competent Ministry. + +" +industry and technical standardisation,Federal Law No. (10) of 2018 on Product Safety,"Article (10) +Without prejudice to the penalties set forth in this Law, whoever violates any of the provisions of this Law, for which no penalty is stipulated or resolutions issued in +implementation thereof, shall be penalized by a fine not exceeding (AED 100,000) one +hundred thousand Dirhams. +The Cabinet shall issue a resolution stating the violations and the amount of fine prescribed +for each one. + +" +industry and technical standardisation,Federal Law No. (10) of 2018 on Product Safety,"Article (11) +The penalties set forth in this Law shall not prejudice any severer penalty set forth in any +other law. + +" +industry and technical standardisation,Federal Law No. (10) of 2018 on Product Safety,"Article (12) +Non -Exemption from Penalty +The supplier shall not be exempted from the penalty prescribed in this Law even if the +Federal Law No. (10) of 2018 On Product Safety 9 + consumer is aware that the product is unsafe. + +" +industry and technical standardisation,Federal Law No. (10) of 2018 on Product Safety,"Article (13) +Supplementary Penalties +When the court passes a judgment of conviction under the provisions of this Law, it may +decide the following: +1. Seizure of infringing products. +2. Destroying infringing products. +3. Closing the shop for a period not exceeding six months. +4. Revocation of the license. +In all the cases in which seizure or destruction is adjudicated, the violator shall pay the costs. + +" +industry and technical standardisation,Federal Law No. (10) of 2018 on Product Safety,"Article (14) +Reconciliation +1. A criminal action for the crimes set forth in article (10) of this Law may be instituted only +upon a written request from the Ministry. +2. Subject to the provisions of Federal Law No. (14) of 2016 , referred to hereinabove, +reconciliation may be made for the crimes set forth in article (10) of the present Law, +before referring the legal action to the competent court , in return for the payment of an amount equivalent to half the fine prescribed therefor. The criminal action shall then be +dismissed upon paying the reconciliation amount. +3. If the violator refuses the reconciliation, the matter shall be referred to the Public +Prosecution. + +" +industry and technical standardisation,Federal Law No. (10) of 2018 on Product Safety,"Article (15) +Executive Regulations +The Executive Regulations of this Law shall indicate the following: +1. Procedures of control over markets. +2. Procedures of products' withdrawal and recall when an unsafe product is found. +Federal Law No. (10) of 2018 On Product Safety 10 + 3. Controls and procedures necessary for providing and updating all the relevant +information pertaining to risks, injuries, accidents and complaints related to products. + +" +industry and technical standardisation,Federal Law No. (10) of 2018 on Product Safety,"Article (16) +Fees +The Cabinet shall issue a resolution setting the fees related to the implementation of this Law. + +" +industry and technical standardisation,Federal Law No. (10) of 2018 on Product Safety,"Article (17) +Supervision and Control by the Ministry +The Ministry shall supervise and control the implementation of the provisions of the present +Law. The relevant local Ministry in each emirate shall coordinate with the Ministry to +implement the provisions of this Law. + +" +industry and technical standardisation,Federal Law No. (10) of 2018 on Product Safety,"Article (18) +Judicial Officers +The employees identified by a resolution of the Minister of Justice, in agreement with the +head of the Competent Ministry, shall have the judicial officers' capacity in proving the +incidents taking place in violation of this Law, its Executive Regulations and the resolutions +issued in implementation thereof, within the purview of each of them. + +" +industry and technical standardisation,Federal Law No. (10) of 2018 on Product Safety,"Article (19) +Issuance of the Executive Regulations +The Cabinet shall issue the Executive Regulations of the present Law within six months from +the date of its publication. + + + +Federal Law No. (10) of 2018 On Product Safety 11 + " +industry and technical standardisation,Federal Law No. (10) of 2018 on Product Safety,"Article (20) +Repeals +Any provision contradicting or conflicting with the provisions of the present Law shall be +repealed. + +" +industry and technical standardisation,Federal Law No. (10) of 2018 on Product Safety,"Article (21) +Publication and Entry into Force +This Law shall be published in the Official Gazette, and shall enter into force six months following the date of its publication. + + +Khalifa bin Zayed Al Nahyan +The President of the United Arab Emirates + +Issued by us at the Presidential Palace in Abu Dhabi: +Dated: 10th Rabi' Al Akhar 1440 AH, +Corresponding to: 18th December 2018 AD + + " +industry and technical standardisation,Federal Decree Law No. (25) of 2022 Regarding the Regulation and Development of the Industry,"Article (1) +Definitions +In application of the provisions of this Law by Decree, the following words and phrases shall +have the meanings assigned to e ach of them, unless the context otherwise requires: +State : The United Arab Emirates (UAE) . +Ministry : Ministry of Industry and Advanced Technology . +Minister : Minister of Industry and Advanced Technology . +Federal Decree Law No. (25) of 2022 Regarding the Regulation and Development of the Industry 2 + Concerned Authority : The federal or local authority competent to implement +the provisions herein . +Licensing Authority : The local authority or free zone authority competent to +issue an industrial licence for an industrial establishment . +Industrial Licen se : The document issu ed by the Licensing Authority +denoting the licensing of the industrial establishment to +practice its activity . +Industrial +Establishment : Every establishment whose primary purpose is to transform raw materials into fully manufactured or +semi -manufactured products or to convert +semi -manufactured products into fully manufactured +products, including mixing, separating, forming, assembling, and packaging works, provided that all or +most of these operations shall be carried out by +mechanical force . +Industrial Product : The fully or semi- manufactured material or materials +produced by the industrial establishment . +Owner of the Industrial Establishment : A natural or legal person who owns the industrial establishment in the State in whole or in part . +Industrial Registry : An electronic database in which data of all industrial +establishments licensed by the Licensing Authority shall +be recorded. +Executive Regulations : The executive regulations issued in implementation of +the provisions herein . + +" +industry and technical standardisation,Federal Decree Law No. (25) of 2022 Regarding the Regulation and Development of the Industry,"Article (2) +Law by Decree Objectives +This Law by Decree shall aim to achieve the following: +1. Contributing to the unificatio n of policies and legislation related to the industrial sectors +to comply with the programmes of development and diversification of the economy at +Federal Decree Law No. (25) of 2022 Regarding the Regulation and Development of the Industry 3 + the state level; +2. Enabling the industrial sector in the State and raising its con tribution to the gross +domestic product; and +3. Achieving cooperation, integration, and coordination between the federal and local +government agencies concerned with the development of the industrial sectors in the +State. + +" +industry and technical standardisation,Federal Decree Law No. (25) of 2022 Regarding the Regulation and Development of the Industry,"Article (3) +Scope of Applicat ion of the Law by Decree +1. The provisions herein shall apply to all industrial establishments, including industrial +establishments located in free zones in the State. +2. In the application of the provisions herein, establishments licensed as part of t heir +activities to practice an industrial activity according to the approved classification of +economic activities, whether the licen se issued to the establishment is industrial or +non -industrial, are considered among the industrial establishments. +3. The Executive Regulations determine the controls that shall be observed in industrial establishments subject to the provisions herein. +4. The Council of Ministers may exempt any industrial sector from the provisions herein based on the proposal of the Mi nister in coordination with the Concerned Authorities. + +" +industry and technical standardisation,Federal Decree Law No. (25) of 2022 Regarding the Regulation and Development of the Industry,"Article (4) +Competences of the Ministry +To achieve the objectives herein, the Ministry shall undertake the following: +1. Developing national guidelines, policies, and strategies to empower the ind ustrial sector +in the State, raise its contribution to the gross domestic product and enhance its +competitiveness, in coordination with the Concerned Authorities, and supervise their implementation after being approved by the Council of Ministers; +2. Proposing basic technical standards and requirements for the classification and licensing of industrial activities in coordination with the Licensing Authority and other concerned +authorities; +Federal Decree Law No. (25) of 2022 Regarding the Regulation and Development of the Industry 4 + 3. Determining the primary and secondary industries and targe ted supply chains that add +value to the national economy; +4. Setting national priorities and standards, preparing programmes and initiatives +necessary to develop the fields of industry, working on industrial establishments in +developing models, applied technology, and newly competitive industries, and +supervising their implementation in coordination with the concerned authorities; and +5. Studying and analysing data and information related to the industry, conducting +specialised studies, research, survey s, and building indicators to measure the efficiency +and effectiveness of the industrial sector and its impact on the State economy. +6. . Establishing strategic partnerships with the government and private sectors in the field +of developing the industrial sector and enhancing its competitiveness regionally and internationally; and +7. Representing the State abroad in fields related to the industry, in accordance with the +regulations in force in the State. +" +industry and technical standardisation,Federal Decree Law No. (25) of 2022 Regarding the Regulation and Development of the Industry,"Article (5) +Industrial Establishment Licensing +1. The Licensing Authority shall be responsible for issuing, renewing, amending, +suspending and cancelling industrial licences for industrial establishments within its +jurisdiction in accordance with the controls and procedures regulated by the legislation +in force in this regard. +2. The Licensing Authority shall take into account the technical standards and +requirements required by the Ministry when issuing industrial licences. + +" +industry and technical standardisation,Federal Decree Law No. (25) of 2022 Regarding the Regulation and Development of the Industry,"Article (6) +Industrial Registry +1. A registry called the ""Industrial R egistry"" shall be established at the Ministry, including +data and information related to licensed industrial establishments. The Executive +Regulations shall determine the data and information of the industrial registry, the +procedures for their registratio n and modification, and the mechanisms for linking the +industrial registry with the records and databases of the concerned authorities. +Federal Decree Law No. (25) of 2022 Regarding the Regulation and Development of the Industry 5 + 2. The Ministry may not make available data and information related to the establishments +registered in the industrial registry and the modifications that occur to them through its +website, except in accordance with the controls specified by the Executive Regulations. +3. The owner of the industrial establishment, the partner therein, or his heirs may obtain an extract of the data related to the industrial establishment from the industrial registry, in +accordance with the conditions and procedures specified by the Executive Regulations. +4. Non -professional employees of the Ministry, licensing authorities or judicial authorities +may view the contents of the industrial registry or circulate the data and information +registered therein or use them except in accordance with the conditions specified by the +Executive Regulations. + +" +industry and technical standardisation,Federal Decree Law No. (25) of 2022 Regarding the Regulation and Development of the Industry,"Article (7) +Privileges and Exemptions for Industrial Establishment +1. The Ministry shall be responsible for issuing the industrial production permit, according +to which the industrial establishment is granted the privileges and exemptions specified +by a resolution of the Council of Ministers based on the Minister proposal in +coordination with the concerned authorities. +2. Privileges and exemptions shall be granted to industrial establishments that achieve the priorities of industry strategies in the State, which include the following establishments: +A. Establishments that provide a competitive advantage for the State and enhance its +position within the global value chain of industry; +B. Establishments based on advanced technology in industrial systems and solutions; +C. Establishments that apply sustainable manufacturing policies; +D. Establishments that shall be established in areas specified by the State for their +advancement; +E. Establishments that practice industries that shall be based on the exploitation and +development of natural resources available in the State; and +F. Establishments practising industries that contribute to achieving industrial integration in the State. +3. The Executive Regulations shall determine the controls and procedures for issuing, +renewing, suspending and cancelling the industrial production permit. +Federal Decree Law No. (25) of 2022 Regarding the Regulation and Development of the Industry 6 + " +industry and technical standardisation,Federal Decree Law No. (25) of 2022 Regarding the Regulation and Development of the Industry,"Article (8) +Obligations of the Industrial Establishment +The industrial establishment shall comply with the following: +1. Industrial licen se conditions; +2. Conditions for permitting industrial production and controls for benefits and +exemptions granted to industrial establishments; +3. Mandatory specifications and standards issued by the Ministry; +4. Not to lease the land or building allocated for the industrial establishment from +government agencies to others or dispose of it in any way without obtaining permission +from the competent government agencies, provided that the Ministry shall be informed +thereof; +5. Not to carry out any work that shall change production, expand or develop it, merge the +industrial establishment with another industrial establishment, divide the industrial establishment into more than one project, or change the location of the establishment, +except in accordance with the controls and procedures specified by the Executive +Regulations; +6. Notifying the Ministry and the Licensing Authority of selling, mortgaging, leasing, or +assigning the industrial establishment in whole or in part. The Executive Regulations shall specify the necessary procedures, therefore, including the procedures prior to any +of these actions; +7. Notifying the Ministry and the Licensing Authority in the event that the industrial establishment stops worki ng in whole or in part within (30) thirty days as of the date of +stopping the activity, indicating the reasons for stopping; +8. Notifying the concerned authorities of any accident that poses a threat to life, property, +public health, or the environment; +9. Providing the Ministry with the complete and correct data and information it requests +about the industrial establishment; +10. Allowing authorised representatives of the Ministry and the concerned authorities to +enter the industrial establishment, view records, documents, and accounts, and monitor +production processes and other activities of the industrial establishment; and +Federal Decree Law No. (25) of 2022 Regarding the Regulation and Development of the Industry 7 + 11. Undertakings and other obligations imposed by the legislation in force on the industrial +establishment. + +" +industry and technical standardisation,Federal Decree Law No. (25) of 2022 Regarding the Regulation and Development of the Industry,"Article (9) +Preview and I nspection +1. The Licensing Authority, the concerned authorities, and the Ministry, each within the +limits of its competen ce, may inspect the existing industrial establishments to ensure +their compliance with the terms of the industrial licence and the controls related to +security, safety, public health, and the environment. +2. The Ministry, in coordination with the Licensing Authority, may inspect industrial +establishments to ensure their compliance with the requirements of the industrial +production permit and the requirements for obtaining the privileges and exemptions +granted to industrial establishments. + +" +industry and technical standardisation,Federal Decree Law No. (25) of 2022 Regarding the Regulation and Development of the Industry,"Article (10) +Penalties +Every owner of an industrial establishment that practices an industrial activity without +obtaining the industrial licen se shall be punished with imprisonment and a fine not +exceeding (AED1,000,000) million or with one of these two penalties. + +" +industry and technical standardisation,Federal Decree Law No. (25) of 2022 Regarding the Regulation and Development of the Industry,"Article (11) +Reconciliation +1. A criminal case shall not be initiated for the crime stipulated in article (10) herein except +upon a written request from the Licensing Authority or the Ministry. +2. Reconciliation may be made in the crime stipulated in Ar ticle (10) herein before the case +is referred to the competent court in exchange for payment of an amount that shall not +exceed the maximum fine prescribed for the crime in accordance with the controls +specified by the Executive Regulations. The criminal c ase shall expire upon payment of +the reconciliation amount. + +Federal Decree Law No. (25) of 2022 Regarding the Regulation and Development of the Industry 8 + " +industry and technical standardisation,Federal Decree Law No. (25) of 2022 Regarding the Regulation and Development of the Industry,"Article (12) +Administrative Penalties +Violations and administrative penalties for acts that occur in violation of the provisions +herein and the resolutions issued in implementation thereof shall be determined by a +resolution of the Council of Ministers based on a proposal by the Ministry and in +coordination with the Licensing Authority, the entities imposing penalties, the grievance +mechanism against them, and the entity concerned with collecting administrative fines. + +" +industry and technical standardisation,Federal Decree Law No. (25) of 2022 Regarding the Regulation and Development of the Industry,"Article (13) +Violation Causes Elimination +Whoever commits any of the violations specified in the Council of Ministers resolution referred to in article (12) herein, in addition to the penalty specified in the aforementioned +resolution, shall immediately remove the causes of the violation and the damages resulting +from it and if he fails in this regard, the Concerned Authority shall by removing it and +charging the violator with the costs of this procedure, in addition to (20%) of the value of the +costs as administrative and supervisory expenses. The estimate of the concerned autho rity +for these costs is considered a final estimate. + +" +industry and technical standardisation,Federal Decree Law No. (25) of 2022 Regarding the Regulation and Development of the Industry,"Article (14) +Delegation of C ompetences +The Council of Ministers, based on a proposal by the Minister, may delegate any of the concerned authorities or licensing authorities, within the limits of their c ompetence, to +undertake the implementation of any of the competencies stipulated herein. + +" +industry and technical standardisation,Federal Decree Law No. (25) of 2022 Regarding the Regulation and Development of the Industry,"Article (15) +Judicial Seizure +The employees of the Ministry or the Licensing Authority who are specified by a resolution +of the Minister of Justice in agreement wit h the Minister or who are specified by a resolution +Federal Decree Law No. (25) of 2022 Regarding the Regulation and Development of the Industry 9 + of the head of the local judicial authority in agreement with the head of the Licensing +Authority, as the case may be, have the capacity of judicial seizure officers to prove what +occurs in violation of t he provisions herein, its Executive Regulations and Resolutions issued +in implementation thereof, within the scope of their competence. They shall have access to +industrial establishments, seize violations, and issue the necessary records in accordance +with the provisions specified by the Executive Regulations. + +" +industry and technical standardisation,Federal Decree Law No. (25) of 2022 Regarding the Regulation and Development of the Industry,"Article (16) +Regularization +All industrial establishments existing in the State at the time the provisions herein come into +force shall reconcile their statuses in accordance with its provisions w ithin one year of the +date of its entry into force. Based on the Minister's proposal, the Council of Ministers may +extend the deadline for another period. + +" +industry and technical standardisation,Federal Decree Law No. (25) of 2022 Regarding the Regulation and Development of the Industry,"Article (17) +The Executive Regulations +The Council of Ministe rs, based on the Minister's proposal, after coordination with the +Licensing Authority, shall issue the Executive Regulations herein within (6) six months of the +date of its publication in the Official Gazette. + +" +industry and technical standardisation,Federal Decree Law No. (25) of 2022 Regarding the Regulation and Development of the Industry,"Article (18) +Fees +The Council of Ministers, based on the proposal of the Minister of Finance, shall issue a +resolution specifying the fees necessary to implement the provisions herein. + +" +industry and technical standardisation,Federal Decree Law No. (25) of 2022 Regarding the Regulation and Development of the Industry,"Article (19) +Executive Resolutions +Without prejudice to the competencies established for the Cabinet herein, the Minister shall +Federal Decree Law No. (25) of 2022 Regarding the Regulation and Development of the Industry 10 + issue all resolutions and regulations necessary to implement its provisions. + +" +industry and technical standardisation,Federal Decree Law No. (25) of 2022 Regarding the Regulation and Development of the Industry,"Article (20) +Repeals +1. Federal Law No. (1) of 1979 on the Regulation of Industry Affairs; +2. Any provision that contravenes or contr adicts the provisions herein shall be repealed. +3. The resolutions and regulations issued prior to the entry into force herein shall remain in +force, in a manner that shall not conflict with its provisions, until th e issuance of what +replaces them in accordance with the provisions herein. + +" +industry and technical standardisation,Federal Decree Law No. (25) of 2022 Regarding the Regulation and Development of the Industry,"Article (21) +Publication of the Law by Decree and its Enforcement +This Law by Decree shall be published in the Official Gazette and shall come into force as of +January 02, 2023. + + +Mohammed bin Zayed Al Nahyan +President of the United Arab Emirates + +Issued by us at the Palace of the Presidency in Abu Dhabi on: +Safar 30, 1444 H +Corresponding to September 26, 2022 + + " +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (1) +Definitions +In applying the provisions of this Law, the following words and expressions shall have the +meanings assigned to each, unless the context otherwise requires: + +State : United Arab Emirates. +Ministry : Ministry of Economy. +Minister : Minister of Economy. +Committee : The Grievance Committee formed by a decision of the Cabinet. +Court : Abu Dhabi Federal Court of Appeal. +ICPR : International Center for Patent Registration (ICPR) at the Ministry. +Industrial Property : The rights attached to patents, utility model certificates, designs, +integrated circuits, and undisclosed information. +Protection Title : A document evidencing the protection granted by the Ministry to an +invention, industrial design or layout -design of an integrated circuit. +Invention : An innovative idea created by the inventor in any technical field for a +product and/or process that practically provides a new addition or +solution to a certain problem in any of such fields. +Patent : The Protection Title granted by the Ministry for the Invention. Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights 3 Utility Model +Certificate : The Protection Title granted by the Ministry for an innovative step +that does not qualify for a Patent. +Industrial Design : A two -dimensional or three -dimensional ornamental or aesthetic +aspect of an article that gives a special appearance to a product or +handicraft. +Industrial Design +Certificate : The Protection Title granted by the Ministry for the Industrial Design. +Integrated Circuit : A product, in its final form or intermediate form, including elements, +at least one of which is an active element, mounted on a piece of an +insulating material, and form with some or all of the interconnections +an integral body intended to perform a specific electronic function. +Layout -Design +Certificate : The Protection Title granted by the Ministry for each three - +dimensional disposition prepared for an Integrated Circuit intended +for manufacture. +Compulsory +License : Allowing a natural or legal person to use a Patent, Utility Model +Certificate, Industrial Design, Layout -Design or Integrated Circuit in +the State, without the need for the consent of the right holde r or +licensee of the industrial property rights. +Industrial Property +Bulletin : The periodic bulletin of industrial property issued by the Ministry +and dedicated for publishing all that is required to be published +under this Law or the Executive Regulations thereof. +Registration Agent : An agent entered by the Ministry in the list of Registration Agents. +International +Application An application submitted to the Ministry for obtaining a Patent +under the Patent Cooperation Treaty (PCT). +PCT Receiving +Office The national office which receives the International Application and +refers same to any other entity determined according to the Patent +Cooperation Treaty (PCT). +Register The register of Industrial Property rights maintained by the Ministry. Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights 4 " +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (2) +Objectives +The objectives of this Law are as follows: +1. Protecting Industrial Property and regulating the procedures of registration, use, exploitation +and transfer thereof so as to ensure the promotion of knowledge and innovation in the State. +2. Enhancing the State's competitiveness in the field of Industrial Property rights in accordance with the best international practices. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (3) +Applicability +1. This Law shall apply to Patents, Industrial Designs, Integrated Circuits, undisclosed +information and Utility Model Certificates registered in the State, including the free zones. +2. The provisions of this Law shall not prejudice the provisions of international conventions or +treaties to which the State is a party and which regulat e the rights of the citizens of states +parties and those of the persons who receive the same treatment. +3. The rights granted hereunder to citizens shall also be granted to foreigners who are nationals of a state with which the State has a reciprocity relatio nship. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (4) +Independence of Industrial Property +The Industrial Property obtained in the State shall be independent of the Industrial Property obtained for the same Invention in other states, whether are members of the Paris Convention +or not. + + + + + Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights 5 Part Two +Inventions +Chapter One +Patents and Utility Model Certificates +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (5) +Requirements for Granting a Patent +1. A Patent shall be granted for each new Invention resulting from an innovative idea or +innovative improvement, which involves an inventive step and is capable of industrial +application. +2. A Patent shall be granted independently of any new application, modification, improvement +or addition to a previously patented Invention, if it meets the requirements stipulated herein. +3. An Invention is new if it is not anticipated by prior art, by being disclosed to the public by +means of written or oral disclosure, or by use or by any other way through which knowledge +of the Invention is realized. This has to be prior to the filing date of the Patent application or +the legally claimed priority application. +4. Disclosure of the information by the inventor, or the other party who obtains such +information, directly or indirectly, from the inventor, may not affect the granting of the +Patent if it takes place within 12 months before the filing date of the application. +5. An Invention is deemed to involve an inventive step if, with regard to prior art related to the +Patent application, it is not obvious to a person with ordinary skills in the art. +4. An Invention is deemed industrially applicable if it can be manufactured or used in any +sector. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (6) +Requirements for Granting a Utility Model Certificate +1. A Utility Model Certificate shall be granted for a new Invention that is industrially applicable but does no t involve an innovative step that qualifies for a Patent. +2. A Utility Model Certificate may be granted for any Invention, to which the provisions of +article (5) hereof apply, at the request of the inventor, or the legal representative thereof, if Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights 6 he wants to settle for the Utility Model Certificate. +3. The patent office may, at the request of the inventor, Registration Agent, or anyone to whom +the patent rights are transferred in accordance with article (9) hereof, convert a Utility Model +Certificate to a patent application, and vice versa, in accordance with the controls and +conditions set forth in the Executive Regulations of this Law. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (7) +Exceptions to Patent or Utility Model Certificate Protection +1. None of the following may be granted a Patent or Utility Model Certificate: +a. Plant or animal varieties and research or biological processes for the production of +plants or animals, with the exception of microbiological processes and products +resulting from such processes, as determined by the Executive Regulations of this Law. +b. Methods of diagnostic, therapeutic and surgical treatments of the human or animal +body. +c. Principles, discoveries, scientific theories and mathematical methods. +d. Schemes, rules, computer programs, or methods for doing business, performing +mental acts or playing games. +e. Natural materials, even if purified or isolated from nature, with exception of the +methods of purification or isolation of natural materials from the original +environment. +f. Inventions the exploitation of which would be contrary to the public order or +morality, or harmful to the health or life of humans or the environment. +2. If the Ministry finds, after examining the patent application, that the Invention relates to +security and military industries, it shall follow the procedures set forth in the Executive +Regulations of this Law. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (8) +Determination of Patent Rights +1. The inventor's name shall be stated in the application for Patent or Utility Model Certificate, +unless the inventor states in writing that he does not want his name to be mentioned. Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights 7 2. Without prejudice to the provisions of article (10) hereof, the patent right shall be granted +to the inventor or his successors in title. +3. If the essential elements of the Invention applied for are obtained from an Invention of +another person, all the patent rights shall be granted to such person being the original +inventor. +4. If two or more persons have jointly made an Invention, the right to the patent shall belong +to them jointly. No person shall be deemed a joint inventor if his efforts are only confined to +assistance in the Invention execution, without contributing to any innovative step. +5. Without prejudice to the provisions of Articles (9) and (10) hereof, if two or more persons +have made the same Invention independently of each other, the person who is first to apply +for a Patent or Utility Model Certificate or is first to claim for priority for the same Invention +shall be entitled to obtain the Patent or Utility Model Certificate, as the case may be, so long +as he meets the requirements for obtaining same. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (9) +Application for Obtaining a Patent or Utility Model Certificate +If a person who has no patent right applies for obtaining a Patent or Utility Model Certificate, the +patent right holder may, subject to the provisions of article (8) hereof, request from the Ministry +transferring the application, Patent or Utility Model Certificate thereto. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (10) +Inventions Made in Execution of Contracts +1. Where an Invention is made in execution of a contract or the like, the right to the patent shall +belong, in the absence of contractual provisions to the contrary, to the employer. Any +patent application filed by the inventor employee within two years from the date of end of +service shall be deemed as made during the term of service. +2. When the Invention has an economic value much greater than the parties could have +foreseen at the time of concluding the contract, the inventor shall have the right to +additional remuneration, which shall be determined by the court in the absence of +agreement between the parties. Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights 8 3. When an employee, whose employment contract does not require him to engage in +inventive activity makes, in the field of activities of his employer, an Invention by using +expertise, documents or instruments of the employer or raw materials made available to +him through his employment, the right to the patent for that Invention shall belong to the +inventor employee after the expiration of a period of four months from the date on which +he submits to the employer the report on the Invention referred to in Item (4) of this Article, +or from the date on which the employer is otherwise informed of the Invention and does +not make a written declaration of his interest therein. +4. Any employee who makes an Invention, under a contract or the like, shall inform the +employer of such Invention in a written report immediately after completion thereof. +5. If the employer makes a declaration of his interest in the Invention within the time limit fixed +in Item (3) of this Article, the right to the patent for such Invention shall be considered to +have belonged to him from the date on which the Invention was made. The employee +who made the Invention shall have the right to equitable compensation that takes into +account the economic value of the Invention and any benefit derived by the employer from +the Invention. In the absence of agreement between the parties, the compensation shall be +fixed by the court. +6. Any agreement which deprives the employee from compensation shall be deemed null +and void. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (11) +Requirements for Applications for Patents or Utility Model Certificates +1. The application for Patent or Utility Model Certificate shall be filed with the Ministry by the +inventor, Registration Agent, or anyone to whom the patent rights are transferred in +accordance with article (8) hereof. Such application shall be expressly made in accordance +with the procedures and controls set by the Executive Regulations of this Law, after +payment of the prescribed fees. +2. The application must include the names of the applicant, inventor and Registration Agent, +if any, together with a statement justifying the applicant's right to the patent for the +Invention if he is not the inventor. Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights 9 3. The application must include the name of the Invention and an abstrac t and detailed +description thereof, together with one or more claims and an illustration, if any. +4. The abstract shall only be used for general information and information of a technical +nature, and may not be relied on in interpreting the application. +5. The description of the Invention shall be made in the best way possible, at the filing date of the application or priority date, to enable any person skilled in the art to carry it out. +6. The application must determine the claim(s) for which protection is sought, and the +description and illustrations may be used to interpret the same, if necessary. +7. Claims must be clear and concise and fully supported by the description. +8. The application and its attachments shall be submitted in both Arabic and English. If they +are not submitted in either language, such submission shall be made within the period set +by the Executive Regulations of this Law. +9. The applicant shall provide the ICPR with any additional information and data required +thereby with respect to his application w ithin ninety (90) days of the date of notification. +10. The applicant may make any amendments to his application, as he deems fit, provided that the amendments made to the information included in the original application are not +material. +11. The application attachments and the deadlines for submission thereof shall be set by the +Executive Regulations. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (12) +Claiming Priority of an Earlier Application Filed Abroad +1. The application may contain a declaration claiming the priority of one or more earlier +application(s) filed in a state party to a convention or treaty to which the State has acceded. +In such case, the application shall indicate the registration date and number of the earlier +application and the name of the state in which it is filed, as provided in the Executive +Regulations of this Law. +2. The priority period shall be twelve (12) months from the first filing date. + + Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights 10 " +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (13) +Examination of Patents or Utility Model Certificates +1. After payment of the prescribed fees by the applicant, the Ministry shall examine the +application for Patent or Utility Model Certificate and may ask the applicant to fulfill any +requirements it deems necessary for granting the Patent or Utility Model Certificate, in +accordance with the provisions of this Law and the Executive Regulations thereof. If the +applicant fails to fulfill such requirements within ninety (90) days from the date of being +notified, this shall be considered as a waiver of his application. +2. If the Invention meets the conditions stipulated in the Law and the Executive Regulations +thereof, the Ministry shall announce the approval of the application in the Industrial +Property Bulletin, in the manner set forth in the Executive Regulations of this Law. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (14) +Urgent Applications +The Ministry m ay examine a particular set of urgent applications for Patents or Utility Model +Certificates before other applications at the request of applicants, irrespective of the date on +which the application is filed or the examination is requested, without prejudice to applications of priority, according to the criteria and conditions set by the Executive Regulations of this Law. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (15) +Unity of Invention +1. The application referred to in article (11) hereof may relate to one Invention only or to a +group of Inventions so linked as to form a single general inventive concept. Any application +filed for more than one Invention shall be determined by the right decision, as provided in +the Executive Regulations of this Law. +2. If it appears after granting of the P atent or Utility Model Certificate that the condition for unity +of invention is not met, as provided in Item (1) of this Article, this shall not be taken as a +ground to overturn the Patent or Utility Model Certificate. + + Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights 11 " +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (16) +Division of Applications for Patents or Utility Model Certificates +1. Any applicant for a Patent or Utility Model Certificate whose application involves two or +more Inventions, may divide such application into two or more applications, in conformity +with what is stated in the description or drawings attached to the initial application. +2. The application divided according to this Article shall be deemed filed on the same date of filing the initial patent application, according to the criteria set forth in the Executive +Regul ations of this Law. +3. The requirements for division of applications shall be set by the Executive Regulations of this Law. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (17) +The Procedures for Granting of Patents and Utility Model Certificates and +their Data +1. The ICPR shall grant Patents and Ut ility Model Certificates, which shall be published in the +Industrial Property Bulletin, according to such powers and procedures as set by the Executive +Regulations of this Law. +2. The Patent or Utility Model Certificate shall be granted to the person entitled thereto, if no +objection is raised with respect thereto by filing an application for re -examination after +granting thereof or filing a grievance within the time limit set out in the Executive Regulations of this Law, after entry thereof in the Register. T he Patent or Utility Model +Certificate must indicate the registration number, issuance date, evidence of payment of the +registration or renewal fees and such other data as required by the Executive Regulations of this Law. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (18) +Terms and Fees of Patents and Utility Model Certificates +1. The term of the Patent shall be twenty (20) years and the term of the Utility Model Certificate shall be ten (10) years, starting from the filing date of the application. +2. The applicant for, or owner of, a Patent or Utility Model Certificate shall pay the annual fees Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights 12 payable for registration of the Patent or Utility Model Certificate, throughout the term of +protection, in accordance with the procedures and controls set by th e Executive Regulations +of this Law. +3. The Executive Regulations of this Law shall set the procedures and requirements for re - +activation of applications for Patents or Utility Model Certificates in case of failure or delay in payment of the fees payable ther efor according to Item (2) of this Article. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (19) +Rights Granted by Patents or Utility Model Certificates +A Patent or Utility Model Certificate shall grant its owner the following rights: +1. The right to exploit the Invention, which includes the following: +a. Where the subject matter of a Patent or Utility Model Certificate is a product, the owner thereof may make, use, offer for sale, sell or import the product for such purposes, and +shall have the right to prevent third parties, not having his consent, from making, using, +offering for sale, selling, or importing the product for such purposes. +b. If the Invention involves an industrial process or method for producing a particular +product, the patent owner shall have the same right with respect to the produc ts resulting +directly from using such process or method, in addition to his rights to use such process +or method and to prevent third parties, not having his consent, from using the process or +using, offering for sale, selling, or importing the product obt ained directly from that +process for such purposes. +2. Using the process and performing any of the acts referred to in Paragraph (A) of Item (1) of +this Article with respect to a product obtained directly from that process, in the event that +the Patent or Utility Model Certificate is granted for a process or new application of a well- +known industrial process or means. +3. The rights referred to in Item (1) of this Article shall be limited to the acts performed for +industrial or commercial purposes. They shall n ot extend to acts in relation to the product +protected after the sale thereof. + + Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights 13 " +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (20) +Manufacturing a Product or Using an Invented Process in Good Faith +If a person, in good faith, manufactures a product, uses an invented process, or makes serious +preparations therefor in the State before the filing date of an application for protection +by another person, or on the legally claimed priority date of such application, that person +shall have the right, notwithstanding the grant of the Patent or Utility Model Certificate, to +continue to perform such acts without extending the scope thereof. Such right of exploitation +may not be transferred to third parties independently of the establishment benefiting +therefrom. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (21) +Transfer of Patents or Utility Model Certificates and its Conditions +1. A Patent or Utility Model Certificate, or the application for either of them, may be transferred +to third parties. +2. 1. The transfer of a Patent or Utility Model Certificate, or the application for either of the m, +must be made in writing and signed by the contracting parties at the Ministry, submitted to the notary public in the State for authentication of the signatures, or duly authenticated in the State. +3. The transfer must be recorded in the Register after paym ent of the prescribed fees. +4. The Ministry may refrain from recording a transfer in the Register if it would lead to misuse +of an Industrial Property right, adversely affect commercial competition or other related +matters, as provided in the Executive Regulations of this Law. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (22) +Exclusions from Patent or Utility Model Certificate Rights +The rights granted by Patents or Utility Model Certificates shall not apply to the following: +1. Acts carried out for education and scientific research purposes. +2. Usin g the subject matter of the Patent or Utility Model Certificate in means of transport that +temporarily or accidentally enter the territory of the State, whether in the structure, +machines, devices, equipment or other additional parts thereof, provided that the use is Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights 14 limited to the needs of such means of transport. +3. Mixing two or more medicines by a licensed pharmacist for treatment purposes. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (23) +Separate Disposal by a Patent or Utility Model Certificate Owner +1. Each of the joint owners of a Patent or Utility Model Certificate may separately transfer his +share in the Invention protected by the Patent or Utility Model Certificate to third parties, +exploit the Invention and exercise the rights conferred thereto by article (19) hereof, unless +otherwise agreed and without prejudice to the other owners. +2. None of the joint owners of a Patent or Utility Model Certificate may grant a license to third +parties to exploit the Invention without an agreement between them. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (24) +Pledge of a Patent or Utility Model Certificate +A Patent or Utility Model Certificate may be pledged in accordance with the controls and +procedures set forth in the legislation in force in the State. + +Chapter Two +Compulsory Licenses +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (25) +Requirements for Granting a Co mpulsory License +1. If a period of at least three years has elapsed since the granting of a Patent or Utility Model +Certificate without being exploited by the owner at all or exploited in an inadequate manner, +any interested party may apply for a Compulsory L icense, in accordance with the procedures +set forth in article (29) hereof, if the following requirements are met: +a. The applicant for the Compulsory License must prove that he has exerted, over a reasonable period of time, efforts in order to obtain a licen se from the Patent or Utility +Model Certificate owner on the basis of reasonable commercial conditions, and for a +reasonable price. The procedures required in this regard shall be set by the Executive Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights 15 Regulations of this Law. +b. The Compulsory License shall n ot be exclusive. +c. The Compulsory License must be granted to meet the needs of the local market. The +Executive Regulations of this Law shall set out the guarantees that must be provided by +the applicant to ensure adequate exploitation of the Invention in ord er to address the +shortfalls or meet the needs for which the Compulsory License is requested. +d. The decision granting the Compulsory License shall specify the scope and term of the license, according to the purpose for which it is granted, and may include obligations and +restrictions binding on the licensor and licensee. +e. The owner of the Patent or Utility Model Certificate shall be awarded a fair compensation. +f. The exploitation of the Invention shall be limited to the licensee and the license may not +be tran sferred to any other person except in the case of transfer of ownership of the +licensee's establishment or that part of the establishment that exploits the Invention, +subject to the approval of the competent court. +g. The provisions of Articles (29) and (35) hereof shall apply to the applications for transfer +of Compulsory Licenses. +h. If the Invention is related to a semiconductor technology, the Compulsory License shall +only be granted for public non -commercial use or to remedy a practice determined after +judic ial or administrative process to be anti- competitive. +2. No Compulsory License shall be granted if the owner of the Patent or Utility Model +Certificate has valid grounds to justify his position. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (26) +Rights of the Compulsory License Holder +1. The Compulsory License shall confer on the licensee the right to perform all or some of the +acts mentioned in article (19) hereof according to the terms of the license. +2. The Compulsory License holder shall have the right to exercise the rights of the owner of t he +Patent or Utility Model Certificate under civil and criminal law in order to protect and exploit +the Invention if the owner has failed to do so in spite of having been aware or informed of Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights 16 an unlawful act. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (27) +Multiplicity of Compulsory Licen ses +The granting of a Compulsory License shall not prevent the granting of other Compulsory +Licenses. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (28) +Exceptions from the Requirements for Granting a Compulsory License +The court may exempt an application for a Compulsory License from the requirements +stipulated in article (25) hereof, if such application is made for a state of emergency, crisis, +disaster or public urgent need, or for non- commercial purposes. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (29) +Procedures for Compulsory Licenses before the Court +1. The application for a Compulsory License shall be submitted to the court in the form of a +lawsuit filed against the owner of the Patent or Utility Model Certificate. The ICPR shall be +summoned to be represented before the court. The court may give the parties a grace per iod +to reach an agreement. The grace period may be extended if the court finds a justified reason +for such extension. +2. After the lapse of the grace period referred to in Item (1) of this Article, the court shall decide either to refuse to grant the Compulso ry License or to grant it, and shall also determine the +terms and scope thereof and the compensation for the owner of the Patent or Utility Model +Certificate, in accordance with the provisions of article (25) hereof. +3. If the decision made under Item (2) of this Article becomes final, the licensee shall notify the +other parties and the Ministry thereof. The Ministry shall record the decision in the Register and publish it in the Industrial Property Bulletin after payment of the prescribed fees. The +decision shall only take effect towards third parties as from the date of publication thereof. + Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights 17 " +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (30) +Issuance of a Compulsory License for Public Interest +A Compulsory License may be issued by a decision of the Minister, or whoever he delegates, for +exploita tion of an Invention protected by a Patent or Utility Model Certificate, if such Invention +is important for the public interest, in accordance with the conditions stipulated in article (25) +hereof, with the exception of the term condition, and Paragraph +(A) of Item (1) thereof. The decision of the Minister shall be published in the Industrial Property +Bulletin. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (31) +Issuance of a Compulsory License for Exploitation of a Patent or Utility Model +Certificate +1. If it is impossible to exploit an Invention protected by a Patent or Utility Model Certificate in the State without prejudicing rights conferred by a Patent or Utility Model Certificate granted +by virtue of an earlier application, the owner of the later Patent or Utility Model Certificate +may on request be granted a Compulsory License, in accordance with the provisions of +Paragraphs (C) and (E) of Item (1) of article (25) hereof, to the extent necessary for +exploitation of his Invention, provided that such Invention serves industrial purpos es +different from those of the Invention subject of the earlier Patent or Utility Model Certificate or represents a significant technical advance in relation thereto. +2. If a Compulsory License is granted according to Item (1) of this Article, the owner of th e +earlier Patent or Utility Model Certificate may on request be granted a Compulsory License for the later Patent or Utility Model Certificate. +3. The Compulsory License granted to the later applicant may only be transferred to third +parties by transfer of th e later Patent. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (32) +Modification of the Compulsory License Terms and Revocation +1. The court or Minister, as the case may be, may modify the terms of the Compulsory +License at the request of the owner of the Patent or Utility Model Certificate or the Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights 18 licensee, provided that the modification is justified by new facts, and, in particular, where +the owner of the Patent or Utility Model Certificate grants a contractual license on terms +better than those of the Compulsory License. +2. The court or Minister, as the case may be, may revoke the Compulsory License at the request +of the owner of the Patent or Utility Model Certificate, if the licensee fails to comply with the +terms of the license, or if the grounds justifying the granting of the license no longer exist; in +which case, the licensee shall be given a reasonable grace period to discontinue the +exploitation of the Invention if immediate discontinuation would cause him serious damage. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (33) +Registration and Publication of Compulsory Licenses +1. Compulsory Licenses and any decisions made with respect thereto shall be recorded in the +Register and published in the Industrial Property Bulletin after payment of the prescribed +fees, as provided in the Executive Regulations of this Law. +2. Licenses issued under article (30) hereof shall be exempted from fees if the Invention is +exploited by government entities. + +Chapter Three +Surrender and Revocation of Patents or Utility Model Certificates +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (34) +Requirements and Procedures for Surrender of Patents or Utility Model +Certificates +1. A Patent or Utility Model Certificate may be surrendered by the owner or licensee thereof by +sending a written notice to the Ministry, while advising any party related to the Patent or +Utility Model Certificate of his intention of surrender. +2. The surrender may be limited to one or more of the rights conferred by the Patent or Utility +Model Certificate. It may not prejudice the rights of third parties unless those rights have +been surrendered in writing. The surrender shall be r ecorded in the Register Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights 19 3. and shall only take effect towards third parties as from the date of its publication in the +Industrial Property Bulletin. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (35) +Actions for Invalidation of Patents, Utility Model Certificates or Compulsory +Licenses +1. Any interested party may institute a court action to invalidate a Patent, Utility Model Certificate or Compulsory License if it has been granted without fulfillment of the +requirements stipulated in this Law or the Executive Regulations thereof. +2. The owner of the Patent, Utility Model Certificate or Compulsory License, the Ministry and +any persons who have rights related thereto shall be notified of the decision issued under Item (1) of this Article, which shall be published in the Industrial Property Bulletin. +The invalidation request may be limited to a part of the Patent, Utility Model Certificate or +Compulsory License, in which case, the decision shall be considered a limitation of the rights +conferred thereby. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (36) +Regularization after Issuance of the Invalidation Decision +Subject to th e provisions of article (32) hereof, the decision invalidating the Patent, Utility Model +Certificate or Compulsory License, in whole or in part, shall be retroactively effective from the +date of the granting thereof. However, the party to whom the Patent, Utility Model Certificate or +Compulsory License is granted shall not be required to refund the compensation obtained for +exploitation of the Invention or Compulsory License. The invalidation decision shall be recorded +in the Register and published in the I ndustrial Property Bulletin. + + + + Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights 20 Chapter Four +International Patent Applications +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (37) +International Applications +The Ministry shall receive International Applications under the PCT. The Executive +Regulations of this Law shall regulate the conditions and procedures that must be observed in +this regard. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (38) +Fees for the International and National Phases of International Applications +1. The fees and procedures for the international phase of International Applications shall be +subject to the provisions of the Regulations of the PCT. +2. The fees and procedures for the national phase of International Applications shall be subject +to the provisions of Articles (11) and (18). + +Part Three +Industrial Designs +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (39) +Protection of Literary and Artistic Rights Relating to Industrial Designs +The protection provisions set forth herein with respect to Industrial Designs shall not prejudice the literary and artistic rights relating thereto, whether conferred by the law or by the +international co nventions and treaties to which the State is a party. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (40) +Registration of Industrial Designs +No Industrial Design may be covered by the protection provided herein unless it is recorded in +the Register. The procedures for filing and examining the applications for registration shall be set +by the Executive Regulations of this Law. Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights 21 " +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (41) +Applying for the Protection of More than One Industrial Design +The application for protection may include more than one Industrial Design, provided that the y +are all of the same class of the international classification, as provided in the Executive +Regulations of this Law. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (42) +Right of Priority for Industrial Designs +1. The priority provisions of Item (1) of article (12) hereof shall apply to Industrial Designs. +2. The period of priority shall be six (6) months as of the date of first filing. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (43) +Requirements for Industrial Designs +1. The Industrial Design must be new. +2. The commercial exploitation of an Industrial Design shall not be allowe d if it would be +contrary to the public order or morality. +3. An Industrial Design is new if it has not been disclosed to the public by publication or by use +or in any other way, prior to the filing date of the application. +4. For the purposes of this Article, an Industrial Design shall not be deemed disclosed to the +public if such disclosure is made within one year prior to the filing date of the application. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (44) +Procedures for Examination of Industrial Design Applications +1. After payment of the prescribed fees, the ICPR shall examine the Industrial Design application +and may request the fulfillment of any requirements it deems necessary for +2. granting the Industrial Design Certificate, in accordance with the provisions of this Law and the Executive Regulations thereof. If the applicant fails to fulfill such requirements within +ninety (90) days from the date of being notified, this shall be considered as a waiver of his Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights 22 application. +3. The Industrial Design must meet the conditions stipulated in the Law and the Executive +Regulations thereof, and the Ministry shall announce the approval of the application in the +Industrial Property Bulletin. +4. The Executive Regulations of this Law shall set the requirements and procedures for +examination and mechanism of publication. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (45) +Term of Protection and Payment of Fees +1. The term of protection of an Industrial Design shall be twenty (20) years starting from the +filing date of the application for protection. +2. The applicant for, or owner of, an Industrial Design shall pay the annual fees payable for +registration of the Industrial Design, throughout the term of protection, in accordance with +the procedures and controls set by the Executive Regulations of this Law. +3. The Executive Regulations of this Law shall set the procedures and requirements for re - +activation of applications for Industrial Designs in case of failure or delay in payment of the fees payable therefor according to Item (2) of this Article. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (46) +Rights Granted by Industrial Design Certificate s +1. The protection provided hereunder for an Industrial Design shall grant its owner the right to prevent third parties from performing any of the following acts: +a. Using the Industrial Design in the making of any product. +b. Importing any product related to the Industrial Design, or possessing such product for the +purposes of commercial use, offering it for sale or selling it. +2. The acts mentioned in Item (1) of this Article shall not be deemed lawful merely because of a difference between the field in which they are performed and the field in which the legally +protected Industrial Design is used, or because they relate to a product that differs from the +Industrial Design covered by the Protection Title. Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights 23 " +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (47) +Exclusions from Industrial Design Certificate Rights +1. The rights granted by Industrial Design Certificates shall not apply to the following: +a. Acts carried out for education and scientific research purposes. +b. Using the subject matter of the Industrial Design Certificate in means of transport that +temporarily or accidentally enter the territory of the State, whether in the structure, +machines, devices, equipment or other additional parts thereof, provided that the use is +limited to the needs of such means of transport. +2. If a person, in good faith, pe rforms any of the acts mentioned in article (46) hereof before the +filing date of an application or the legally claimed priority date of such application, that person +shall have the right to continue to perform such acts without extending the scope thereof. +Such right of exploitation may not be transferred to third parties independently of the establishment benefiting therefrom. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (48) +Industrial Design Rules Where No Special Provision is Made +Where no special provision is made in this Part, the provisions of the articles hereof relating to Patents and Utility Model Certificates shall apply to Industrial Designs. + +Part Four +Contractual Licenses +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (49) +Requirements for Contractual Licenses +The owner of the Protection Title may grant a license to any natural or legal person to use or +exploit the protected right, provided that the term of the license does not exceed that of the +protection provided hereunder. The contractual license must be made in writing and signed by +the parties. + Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights 24 " +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (50) +Common Provisions between Industrial Designs, Patents and Utility Model +Certificates +The owner of the Protection Title shall record the contractual license in the Register after payment +of the prescribed fees, and the Ministry shall approve such recorded license in the Register. The +license shall only take effect towards third parties as from the date of publication thereof in the +Industrial Property Bulletin. The license shall be struck off the Register at the request of the parties +to the contra ct or upon the expiry of the term thereof. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (51) +Extension of the Scope of Contractual Licenses to Third Parties +Unless otherwise provided in the license contract, the contractual license shall not prevent the +owner of the Protection Title from ex ploiting or using the subject matter of protection by himself +or granting other licenses to third parties. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (52) +Rights of the Licensee +1. Unless otherwise provided in the license contract, the licensee shall, pursuant to the +provisions of this Law a nd the Executive Regulations thereof, have the right to exploit and use +the subject matter of protection licensed thereto across the territory of the State, including free zones, in all fields and by all means, throughout the term of legal protection. +2. The licensee shall be entitled to use the rights granted by the Protection Title to its owner +to stop any infringement, imminent infringement or prejudice affecting the subject +matter of protection. +3. Either the licensor or licensee may take any legal measures and procedures required for +protecting his right. + + Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights 25 " +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (53) +Transfer of Contractual Licenses +Unless otherwise provided in the license contract, the licensee shall not transfer the license or +grant sublicenses to third parties, except in the case that the ownership of the establishment has +been transferred, in whole or in part. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (54) +Control of Contractual Licenses +1. Contractual licenses, transfers thereof and any amendments or renewals of their contracts shall be subject to the control of the M inistry in terms of the conditions, guarantees and rights +granted by the Protection Title. +2. The Ministry may refuse to register a contractual license if it would lead to misuse of an +Industrial Property right or adversely affect commercial competition as to the subject matter +of the contractual license in the State. The Ministry may ask the owner of the Protection Title +to amend the terms of the contractual license so as to remedy the reasons for refusal, as +provided in the Executive Regulations of this Law. + +Part Five +Layout -Designs of Integrated Circuits +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (55) +Requirements for the Protection of Layout -Designs of Integrated Circuits +1. The Layout -Design of Integrated Circuits shall be protected according to the provisions +hereof, if it is original, i.e. the result of its creator's own intellectual effort, and is not commonplace among professionals of the relevant industrial art. +2. The Layout -Design shall be deemed original if the combination of its elements and +interconnections is original in itself, d espite that the elements of which it consists are +commonplace among professionals of the relevant industrial art. + Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights 26 " +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (56) +Unprotectable Parts of Layout -Designs of Integrated Circuits +Any ideas, methods, technical systems or encoded information which a Layout -Design of +Integrated Circuits may include shall not be protectable. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (57) +Prohibited Uses of Layout -Designs of Integrated Circuits +No natural or legal person may perform any of the following acts without obtaining a prior +written permission from the right holder of the protected Layout -Design: +1. Reproducing the whole Layout -Design or any original part thereof, whether by incorporation +in an Integrated Circuit or otherwise. +2. Importing, selling, or distributing the Layout -Design for com mercial purposes, either +independently from an Integrated Circuit or incorporated therewith, or if it constitutes a component of a product. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (58) +Acts that may be Performed without a License +Without prejudice to the provisions of protection set out in this Part, any natural or legal person +may perform one or more of the following acts, without obtaining a license from the right holder: +3. 1. Reproduction or commercial exploitation, which includes importing, selling or distributing +of an Integrated Circuit that includes a protected Layout -Design or a product in which such +Integrated Circuit is used, if such act is performed by a person who did not know, or was not +in a position to know, at the time of the act that such Integrated Circuit or product incorporates +a protected Layout -Design. In such case, the acquirer may, against payment of a fair +compensation to the right holder, dispose of any stock or products ordered. +4. 1. Using a protected Layout -Design for personal use or for the purposes of testing , +examination, analysis, teaching, training or scientific research. If such use leads to the creation +of a new Layout -Design, the creator shall be entitled to have it protected. +5. Creating a Layout -Design, identical with another protected Layout -Design, as a result of Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights 27 independent efforts. +6. Importing a protected Layout -Design or an Integrated Circuit which has been produced using +a protected Layout- Design, whether such circuit is separate or incorporated in a product, or +importing a product that contains an Int egrated Circuit incorporating a protected Layout - +Design, whether circulated in the State or abroad. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (59) +Registration and Term of Protection of Layout -Designs of Integrated Circuits +1. The applications for registration of Layout -Designs of Integrated Circuits shall be submitted +to the ICPR, as provided in the Executive Regulations of this Law. +2. The term of protection of Layout -Designs of Integrated Circuits shall be ten (10) years starting +from the filing date of the application or the date o f first commercial exploitation thereof in +the State or abroad, whichever is earlier. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (60) +Common Provisions between Layout -Designs of Integrated Circuits, Patents +and Utility Model Certificates +Where no special provision is made in this Part, th e provisions of the articles hereof relating to +Patents and Utility Model Certificates shall apply to Layout -Designs of Integrated Circuits. + +Part Six +Undisclosed Information +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (61) +Requirements for the Protection of Undisclosed Information +Undiscl osed information shall be protected under the provisions of this Law and the Executive +Regulations thereof, provided that it meets the following conditions: +1. Must be secret in the sense that it is not, as a body or in the precise configuration and assembly +of its components, generally known among or readily accessible to persons within the circles Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights 28 that normally deal with the kind of information in question. +2. Has commercial value because it is secret. +3. Has been subject to reasonable steps by the person lawfully in control thereof to keep it +secret. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (62) +Scope of Protection of Undisclosed Information +1. The protection granted under the provisions of this Law shall be extended to undisclosed +information, if the origination of which involves a considerable effort and is submitted on +request to the government authorities by the person concerned for marketing of +pharmaceutical or of agricultural chemical products, which utilize new chemical entities, +necessary for the tests required to be made for allowing suc h marketing. +2. The government authorities which receive the undisclosed information shall protect it +against disclosure and unfair commercial use, for the period from the date of its submission +thereto until it is no longer confidential, or for a period not exceeding five +(5) years, whichever is shorter. +3. Disclosure of information, by the competent authorities, where necessary to protect the +public shall not be deemed to constitute an infringement of the information owner's rights. +4. The information owne r, or his successors in title, may transfer the information with or without +consideration. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (63) +Responsibility of the Person Lawfully in Control of Undisclosed Information +1. The person lawfully in control of undisclosed information shall take all appropriate measures +to maintain the confidentiality of such information and prevent its circulation amongst +unauthorized persons. +2. He shall also organize and limit the circulation of such information within the establishment to the authorized persons, and preserve and prevent the leakage of such information to third +parties. Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights 29 3. The person lawfully in control of undisclosed information shall not be exempt from liability +when others infringe the information, unless he proves that he has exerted reasonable and +adequate efforts to preserve such information. +4. The confidentiality of information, and the attendant rights to prevent others from infringing +such information, shall subsist so long as the information is not disclosed, according to the +provisions of article (61) hereof. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (64) +Acts Contrary to Fair Commercial Practice +1. The following acts shall be deemed to be contrary to fair commercial practices, and to +constitute acts of unfair competition: +a. Bribery to acquire the information from employees working at the establishment which +owns the information. +b. Incitement of employees to disclose information acquired by virtue of their employment. +c. Disclosure by a party in ""confidential information contracts"" of information thus acquired. +d. Acquisition of information, f rom the place where it is preserved, through illicit means, +such as theft, espionage or the like. +e. Acquisition of information through fraudulent means. +f. Use of information acquired by any of the previous means by a third party aware of its +being confidential and that it was acquired by one of the above means. +g. Any other acts which are deemed to be contrary to fair commercial practices. +2. Shall be deemed to constitute an act of infringement of undisclosed information, the consequences of the acts mentioned in Ite m (1) of this Article by way of disclosing, acquiring +or using such information by a third party without being authorized by the lawful owner. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (65) +Acts Not Contrary to Fair Commercial Practices +The following acts shall not be deemed to be contrary to fair commercial practices: +1. Acquisition of information from public sources. Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights 30 2. Acquisition of information by exerting personal independent efforts to extract information +through examination, testing and analysis of products in circulation in the market which +incorporate the undisclosed information. +3. Acquisition of information as a result of efforts of scientific research, innovation, invention, +development, modification and improvement exerted by persons independently from the +owner of undisclosed in formation. +4. Acquisition and use of known and available information circulated among those involved in +the industrial art within the scope of which the information falls. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (66) +Common Provisions between Undisclosed Information, Patents and Utility +Model Certificates +Where no special provision is made in this Part, the provisions of the articles hereof relating to Patents and Utility Model Certificates shall apply to undisclosed information. + +Part Seven +Claims for Compensation for Damage, Preventive Measures and Penalties +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (67) +Right of the Protection Title Owner to Claim for Compensation + In the event of infringing any of the rights conferred on the owner by the Protection Title, the +Protection Title owner or licensee may file an action befo re the court to claim for compensation +for the damage suffered thereby as a result of the acts of infringement in violation of the +provisions hereof. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (68) +Precautionary Seizure +In the event of an act of infringement or other illegal actions in violation of the provisions of this Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights 31 Law or the contracts or licenses issued thereunder, the owner of the Protection Title, or the +assignee of all or some of the Industrial Property rights p rovided for herein, may request the court +to issue a precautionary seizure order for the Invention, Industrial Design, Layout -Design of +Integrated Circuit, or the establishment or the part thereof using or exploiting any kind of the Industrial Property. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (69) +Penalties +Without prejudice to any more severe punishment stipulated in any other law, any person who provides false or forged documents or information in order to obtain a Patent, Utility Model Certificate, Industrial Design, or Layout -Design of Integrated Circuit, imitates an Invention or a +process, or intentionally infringes any right protected hereunder, shall be punishable by +imprisonment and/or a fine of not less than AED 100,000 (one hundred thousand Dirhams) or +more than AED 1,000,000 ( one million Dirhams). + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (70) +1. The court may order the confiscation or destruction of the seized articles or removal of the +effects of the illegal act, as well as the equipment and instruments used for forgery. +2. The court may order the publication of its judgment in the Industrial Property Bulletin or a +local daily newspaper, at the expense of the convict. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (71) +Law Enforcement Capacity +The Ministry's employees who are designated by a resolution of the Minister of Justice, in +agreement with the Minister, shall act as law enforcement officers to identify the violations of the +provisions of this Law and its Executive Regulations and resolutions issued in implementation +thereof, within their respective competence. + Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights 32 " +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (72) +Register +The Ministry shall establish the Register in accordance with the controls set by the Executive +Regulations of this Law and the ministerial decisions issued with respect thereto. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (73) +Prohibited Acts of Ministry Employees +The Ministry's employees are prohibited, during and after their service period, from performing +any of the following acts: +1. Practicing the profession of Registration Agents at the Ministry within the two years following the end of their service at the Ministry. +2. Demonstrating a personal capacity in the originals or copies of any documents or papers. +3. Divulging work secrets or giving, disclosing or using any data or information made available +thereto ex officio for their own benefit or for the benefit of others, at the request of judicial +authorities. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (74) +Grievances and Objections +1. A committee shall be formed by a decision of the Cabinet and chaired by a judge nominated +by the Minister of Justice, including two experts in the field of Industrial Property rights, and +excluding the employees of the ICPR. Such decision shall determine the Committee's work system and term, remuneration of its members and the procedures for filing grievances and +deciding thereon. +2. The Minister shall appoint the secretary of the Committee or delegate an e mployee of the +Ministry to carry out the duties thereof. In performing his work, the secretary shall follow the instructions of the chairman of the Committee. +3. The Committee shall be competent to decide on the grievances filed by the concerned parties +again st the decisions issued in application of the provisions of this Law and the Executive +Regulations thereof. Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights 33 4. The Committee shall consider grievances after payment of the prescribed fees. +5. Subject to the provisions of Paragraph (2) of article (17) hereof, the Committee shall not +consider any grievance relating to the registration of a Patent, Utility Model Certificate or +Industrial Design unless after the concerned party raises an objection before the ICPR by filing +an application for re -examination after gran t. +6. The Executive Regulations of this Law shall set the controls, procedures and periods for the applications for re -examination after grant and for deciding thereon. +7. Subject to Item (5), no action shall be accepted before courts unless after filing a griev ance +before the Committee. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (75) +Requirements for the Profession of Registration Agents +1. The profession of Registration Agents may only be practiced after entry in the list of +Registration Agents of the Ministry and payment of the prescribed fees. +2. The Executive Regulations of this Law shall set the requirements that must be met by +Registration Agents and their duties, as well as the provisions or controls relating to their +profession and the administrative penalties that may be imposed on them. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (76) +Fees +The Cabinet shall, based on a proposal of the Minister of Finance, set the fees required for the implementation of the provisions of this Law and the Executive Regulations thereof. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (77) +Executive Regulations +The Cabinet shall, based on a proposal of the Minister, issue the Executive Regulations of this Law +within six months from the date of its publication. + Federal Law No. ( 11) of 2021 the Regulation and Protection of Industrial Property Rights 34 " +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (78) +Repeals +1. Federal Law No. (17) of 2002, referred to above, shall be repealed. +2. Any provision contrary to or in conflict with the provisions of this Law shall be repealed. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (79) +Continued Application of Regulations and Resolutions +The regulations and resolutions issued in implementation of the provisions of Federal Law No. +(17) of 2002, referred to above, shall remain applicable without prejudice to the provisions of this +Law, until the issuance of the regulations and resolutions necessary for the implementation of the provisions of this Law. + +" +industry and technical standardisation,Federal Law No. (11) of 2021 on the Regulation and Protection of Industrial Property Rights,"Article (80) +Publication and Entry into Force of the Law +This Law shall be published in the Official Gazette and shall enter into force s ix months following +the date of its publication. + + +Khalifah Bin Zayed Al Nahy an +President of the United Arab Emirates + +Issued by us, at the Presidential Palace in Abu Dhabi: +On: 7 Shawwal 1442 AH +Corresponding to: 19 May 2021 AD " +industry and technical standardisation,Federal Decree Law No. (20) of 2020 Concerning Specifications and Standards,"Article (1) +Definitions +In applying the provisions of this Law by Decree, the following terms and expressions shall +have the meanings indicated opposite each of them, unless the context otherwise requires: + State : + UAE + Ministry : + Ministry of Industry and Advanced Technology (MOIAT) + Minister : + Minister of Industry and Advanced Technology + Concerned +Authorities : + Federal or local government agencies concerned with standards, metrology and +calibration affairs accreditation and compliance + Measuring +Instruments + : + The machines, tools, and devices intended for measurement purposes, +including direct m easures such as scales measurements, measures, lengths, +standard units, etc. It also includes indirect measures such as thermometers, +pressure meters, water and electricity meters, and others + Laboratory : + The body that performs testing and calibration . + Calibration + : + Operations conducted to determine and control the efficiency and accuracy of +measuring instruments and devices. + Standard +specification + : + A document specifying the characteristics or descriptions of a commodity, +product, material, service, or everything that is subject to measurement, its +characteristics, level of quality, dimensions, standards, or safety and security +requirements, as well includes terminology, symbols, test methods, sampling, +pack aging, labels and labels. + Approved +Standard +Specifications: : + Specifications approved by the Ministry, referred to as Standard Specifications +for the UAE and symbolised by (SS/UAE) +Federal Law by Decree No. (20) of 2020 concerning Specifications and Standards 3 + + Technical +Regulations: + : + A Resolution of the Cabinet specifying technical requirements, either directly or +by reference or implication, for the contents of a standard, technical +specification or practice, which have an enforceable nature. + Mark + : + Any drawing, mark, symbol, stamp, inscription, or picture indicating the +Ministry or what is issued In terms of specifications, standards, quality and +conformity, or indicates any international body Related to specifications, +standards, quality and conformity. + Conformity +Assessment : + Any activity used directly or indir ectly to verify the conformity of a commodity +or product or material or service for the relevant technical requirements + Conformity +Assessment +Bodies + : + The entity registered, accredited or accepted by the Ministry to carry out +confo rmity assessment procedures Testing and calibration laboratories, +inspection bodies, merit testing bodies, and certificate awarding bodies for +systems, individuals or products, with the exception of medical laboratories and +research laboratories Developmen t and laboratories that are used for personal, +training or educational purposes + +" +industry and technical standardisation,Federal Decree Law No. (20) of 2020 Concerning Specifications and Standards,"Article (2) +Ministry Competencies +The Ministry shall be responsible for the following: +1. Preparing, approving, publishing, reviewing and amending Standard Specifi cations, in +coordination with the Concerned Authorities, and a Resolution is issued. The Minister +shall apply the approved Standard Specifications, except for human and veterinary +medicines, serums and the like; +2. Proposing and preparing a national syst em for measurement and calibration in +coordination with the Concerned Authorities, and its approval by the Cabinet' +3. Proposing and preparing a national system for conformity, in coordination with the +Concerned Authorities, and its approval by the Cabin et; +4. Proposing and preparing national systems for monitoring the application of technical +regulations to ensure the safety of products, goods and materials in coordination with +the Concerned Authorities, and its approval by the Cabinet; +Federal Law by Decree No. (20) of 2020 concerning Specifications and Standards 4 + + 5. Proposing and preparing a national system for registering products, commodities, and +materials, specifying the specifications and standards that make them up, and its +approval by the Minister after coordination with the Concerned Authorities; +6. Proposin g and preparing a national system for registering, accrediting and appointing +conformity assessment bodies, in coordination with the Concerned Authorities, and its +approval by the Cabinet; +7. Proposing and preparing a national system for local added value, in coordination with +the Concerned Authorities, and its approval by the Cabinet; +8. Developing and unifying means and methods of measurement, calibrating, controlling +and monitoring them; +9. Harmo nising Standard Specifications with international, regional or Gulf standards, and +a Resolution is issued by the Minister after coordination with the Concerned Authorities; +10. Adopting international, regional or Gulf specifications as approved Standard +Specifications and issuing them in one of the two languages, Arabic or any other language, or both, and a Resolution is issued by the Minister after coordination with the +Concerned Authorities; +11. Coordinating with the Concerned Authorities to maintain, preserve and maintain +approved basic measurement references for use in monitoring, auditing and calibration +of measurement devices and instruments and organising the issuance of calibration certificates; +12. Operating laboratories and institutes nece ssary to conduct examinations, tests, analyses +and research related to specifications and standards, examining and testing materials +and products, calibrating measurement devices and equipment, and contracting with +accredited local or external laboratories ; +13. Granting or recognising certificates of conformity to the approved standards and marks, +identifying them and regulating their issuance and controls for their use; +14. Issuing, publishing, distributing and selling publications related to approved Standard +Specifications and publications related to standardisation; +15. Agreement with Gulf, regional and international organisations and bodies concerning +mutual recognition of Standard Specifications, marks and certificates of conformity in +Federal Law by Decree No. (20) of 2020 concerning Specifications and Standards 5 + + accordance with the procedures and legislation in force after coordination with the +Concerned Authorities. +16. Preparing and issuing examination and testing requirements and technical standards for innovative products, including advanced technological products, and procedures for their harmonisation with international standards, in coordination with the Concerned +Authorities. +17. Forming specialised technical councils and committees in the field of standards, +metrology, calibration, accreditation and conformity activities and local added value. + +" +industry and technical standardisation,Federal Decree Law No. (20) of 2020 Concerning Specifications and Standards,"Article (3) +Standard Specifications (SS) +1. The Ministry, in its capacity as the sole reference in the State, shall issue the Standard +Specifications of the UAE, and no other party may set or issue any Standard Specifications, or use, place or draw any sign that contains the words (Standards of the UAE) or (Standards Specifications of the UAE) or something similar to this phrase or its +symbol in Arabic or in another language, or gives the same meaning, except with a +licence from the Ministry. +2. The Minister may approve optional Standard Specifications, provided that, when +approving them, the optional application shall be taken into account without prejudice +to the following considerations: +a. Preserve safety, public health, and the environment. +b. Consumer protection; +c. Guarantee the public interest; and +d. Support the national economy and the policies and strategies of the industrial and +commercial sector. +3. Appy approved standards shall be mandatory by a Resolution of the Cabinet based on a +proposal from the Minister. They are referred to as (Technical Regulatio ns). + + + +Federal Law by Decree No. (20) of 2020 concerning Specifications and Standards 6 + + " +industry and technical standardisation,Federal Decree Law No. (20) of 2020 Concerning Specifications and Standards,"Article (4) +Mark Registration +The Ministry is the only entity concerned with regulating the use of marks. The Ministry +registers marks and all of this is known as (the Ministry marks). The Ministry has the right to +grant, renew, suspend and cancel t he use of its marks and its registration outside the State in +accordance with the rules issued by a Resolution of the Minister. In all cases, marks shall be published after their issuance or Approval in the Official Gazette. + +" +industry and technical standardisation,Federal Decree Law No. (20) of 2020 Concerning Specifications and Standards,"Article (5) +Offenses and Pena lties +The penalties stipulated in this Law by Decree shall not preclude the imposition of any harsher penalty stipulated in any other law. + +" +industry and technical standardisation,Federal Decree Law No. (20) of 2020 Concerning Specifications and Standards,"Article (6) +He shall be punished by imprisonment for a period of no less than one year and a fine of no +less than (AED 30,000) thirty thousand dirhams, or one of these two. +The two penalties are for anyone who commits one of the following acts: + +1. Impersonating one of the Ministry employees who is authorised to have the capacity of +judicial police; and +2. Issuing or using any mark without a licence from the Ministry. + +" +industry and technical standardisation,Federal Decree Law No. (20) of 2020 Concerning Specifications and Standards,"Article (7) +Whoever prevents or obstructs or evades inspection, or refrained from giving stateme nts, or +made statements contrary to the truth. + + + + +Federal Law by Decree No. (20) of 2020 concerning Specifications and Standards 7 + + " +industry and technical standardisation,Federal Decree Law No. (20) of 2020 Concerning Specifications and Standards,"Article (8) +Whoever violates the technical regulations issued in accordance with this Decree Law shall +be punished with imprisonment and a fine of no less than (AED 30,000) +Thirty thousand dirhams, or one of these two penalties, with confiscation of the materials +and products subject of the violation. + +" +industry and technical standardisation,Federal Decree Law No. (20) of 2020 Concerning Specifications and Standards,"Article (9) +Whoever declares, offers or sells a material or product that it bears the characteristic of approved Standard Specifications, contrary to the truth. In this case, all materials subject to +the violation shall be confiscated. + +" +industry and technical standardisation,Federal Decree Law No. (20) of 2020 Concerning Specifications and Standards,"Article (10) +In the event of recurre nce, the Court may, in addition to doubling the prescribed penalty, +rule to permanently withdraw the establishment licence. + +" +industry and technical standardisation,Federal Decree Law No. (20) of 2020 Concerning Specifications and Standards,"Article (11) +Whoever violates any of the provisions of the Resolutions issued in implementation of this Law by Decree shall be pun ished with imprisonment and a fine of no less than (AED 25,000) +twenty -five thousand dirhams, or one of these two penalties. + +Final provisions +" +industry and technical standardisation,Federal Decree Law No. (20) of 2020 Concerning Specifications and Standards,"Article (12) +Authorisation of the Concerned Authorities +The Cabinet, based on the Minister proposal, may delegate government or private agencies to undertake the implementation of some of the Ministry competencies contained in this +Law by Decree in accordance with the controls it decides in this regard. + + + +Federal Law by Decree No. (20) of 2020 concerning Specifications and Standards 8 + + " +industry and technical standardisation,Federal Decree Law No. (20) of 2020 Concerning Specifications and Standards,"Article (13) +Judicial Police +The Ministry employees who are determined by a Resolution of the Minister of Justice in +coordination with the Minister shall have the capacity of Judicial Police officers for crimes +that fall within their jurisdiction and are related to their job duties. + +" +industry and technical standardisation,Federal Decree Law No. (20) of 2020 Concerning Specifications and Standards,"Article (14) +Executive Resolu tions +Subject to the competencies entrusted to the Cabinet, the Minister shall issue the necessary Resolutions to implement the provisions of this Law by Decree. + +" +industry and technical standardisation,Federal Decree Law No. (20) of 2020 Concerning Specifications and Standards,"Article (15) +Cancellations +1. Any provision that contravenes or contradicts the provisions of this Law by Decree shall +be repealed. +2. The Regulations, Laws and Resolutions in force concerning specifications, metrology, calibration, accreditation and conformity shall continue to be enforced until a +replacement is issued in accor dance with this Law by Decree. + + + + + + + + + + +Federal Law by Decree No. (20) of 2020 concerning Specifications and Standards 9 + + " +industry and technical standardisation,Federal Decree Law No. (20) of 2020 Concerning Specifications and Standards,"Article (16) +Publication of the Law by Decree and its enforcement +This Law by Decree shall be published in the Official Gazette, and shall come into effect +from the date of its issuance. + + + + + +Khalifa bin Zayed Al Nahyan +President of the United Arab Emirates + + +Issued by us at the Presidential Palace in Abu Dhabi: +On: 10 / Safar / 1442 H +Corresponding to September 27, 2020 + " +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (1) +التعريفات +في تطبيق هذا القرار، ي قاننند بالكلما والعبارا التالية املعاني املبينة قرين كل منها ، ما لم يقض سنننيا +النص بغير ذلك: +الدولة : اإلمارا العربية املتحدة. +الهيئة : الهيئة االتحادية للهوية والجنسية والجمارك وأمن املنافذ. +الرئيس : رئيس الهيئة االتحادية للهوية والجنسية والجمارك وأمن املنافذ. +األجنبي : كل من ال يتمتع بجنسية الدولة. 2 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية للمرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخول وإقامة +األجانب + التأشيرة : وثيقنة رسننننننننننننمينة تانننننننننننندر وفقنا أل كنام املرسننننننننننننوم بقنانون وهنذا القرار، ت مكن +األجنبي من الدخول للدولة والبقاء فيها طوال فترة اإلذن املمنوح له. +تصريح اإلقامة : صفة تمنح األجنبي ق اإلقامة في الدولة وفقا للمدة املقررة. +املنافذ : مننافنذ الندولنة الرسننننننننننننمينة الحرينة والجوينة والبحرينة ا نددة لندخول وخرو +األجنبي، وا ددة بمقتض ى هذا القرار. +وثيقة السفر : مسننننرند رسننننهي يحدد هوية األجنبي يانننندر باعتمادر قرار من الرئيس ويقوم +مقام جواز السفر في إثبا الهوية. +التأشيرة املسبقة : صفة دخول تمنح لألجنبي قبل قدومه للدولة. +املرسوم بقانون : املرسنننننننننننوم بقانون اتحادي رقم ( 29 ) لسننننننننننننة2021 في شنننننننننننأن دخول وإقامة +األجانب. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (2) +شروط دخول األجنبي للدولة +ي شترط لدخول األجنبي للدولة توافر ما يأتي: +1. أن يكون لديه جوازسفر أو وثيقة سفر. +2. أن يكونالجواز أو وثيقة السفر معتمدة و صال ة لدخول الدولة والعودة إلى الدولة القادم منها أو +املقيم فيها أو الاادر عنها الجواز أو الوثيقة. +3. أال تقل مدة صال يةالجواز أو وثيقة السفر لغير ال اصل على تاريح إقامة عن (6) ستة أشهر، +ويجوز بقرار من الرئيس استثناء بعض الفئا من مدة الاال ية املشار إليها في هذ ا البند على أال تقل +مدة الاال ية عن شهر. +4. أن يكون لديه تأشيرة دخول أو تاريح إقامة ساري املفعول. +5. أن يكون لديه تذكرة سفر ملتابعة ر لته أو تذكرة عودة، للسماح له بدخول الدولة بموجب تأشيرة +زيارة. +6. يعفى من شرط ال اول على التأشيرة املسبقة رعايا الدول التي يادر بها قرار من مجلس الوزراء بناء +على اقتراح الرئيس. +7. يجوز للرئيس أو من يفوضه في الة الضرورة التي يحددها الرئيس االستثناء من كل أو بعض الشروط +الواردة في هذر املادة أو يرى استثناءهم بإذن خاص من ال او ل على تأشيرة دخول . + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (3) 3 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية للمرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخول وإقامة +األجانب + املنافذ املعتمدة +1. ال يجوز لألجنبي دخول الدولة أو مغادرتها إال بعد إتمام إجراءا الدخول واملغادرة من املنافذ املعتمدة +اآلتية: +(أ) املنافذ الجوية: +1. مطارأبو ظبي الدولي. +2. .مطار العين الدولي +3. .مطار جزيرة داس +4. .مطار دبي الدولي +5. مطارآل مكتوم الدولي . +6. .مطار الشارقة الدولي +7. .مطار رأس الخيمة الدولي +8. .مطار الفجيرة الدولي + +(ب) املنافذ البحرية: +1. .)ميناء زايد (أبو ظبي +2. ميناءالرويس (أبو ظبي ). +3. ميناء خليفة(أبو ظبي). +4. ميناء مغر (أبو ظبي). +5. .)ميناء راشد (دبي +6. .)ميناء الشندغة (دبي +7. ميناء ال وضالجاف (دبي). +8. .)ميناء ال مرية (دبي +9. .)ميناء جبل علي (دبي +10. ميناءهاربر (دبي). +11. .)ميناء خالد (الشارقة +12. .)ميناء خورفكان (الشارقة +13. .)ميناء ال مرية (الشارقة +14. .)ميناء عجمان (عجمان +15. .)ميناء رأس الخيمة (رأس الخيمة +16. .)ميناء صقر (رأس الخيمة 4 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية للمرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخول وإقامة +األجانب + 17. ميناء الجزيرة (رأسالخيمة). +18. .)ميناء أم القيوين (ميناء أ مد بن راشد بأم القيوين +19. .)ميناء الفجيرة (الفجيرة +20. ميناء مافح (أبوظبي). +21. ميناء الجير (رأس الخيمة) . + +(جـ) املنافذ البرية: +1. .)الغويفا (أبو ظبي +2. .)مزيد (أبو ظبي +3. خطم الشكله (أبو ظبي). +4. املضيف(أبو ظبي). +5. هيلي(أبو ظبي). +6. .) تا (دبي +7. .)خطم مال ة (الشارقة +8. شعم (الدارة) (رأس الخيمة). +9. .)منفذ وم (الفجيرة + + +2. إذا دخل األجنبي لظروف قهرية إلى أراض ي الدولة من غير املنافذ املعتمدة للدخول، وجب عليه تقديم +نفسه فورا ألقرب مركز أو نقطة أو دورية شرطة أو منفذ معتمد للدخول لإلبالغ عن دخوله، وعلى +الجهة التي تتلقى البالغ أن ترفع األمر في ال ال إلى الهيئة التخاذ اإلجراء املناسب. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (4) + حاالت إعادة األجنبي في منافذ الدخول إلى جهة القدوم +على الجهة ا ختاة بمنفذ الدخول إعادة األجنبي إلى الجهة القادم منها إذا توافر إ دى ال اال اآلتية: +1. عدماسريفاء شرط أو أكثر من الشروط الواردة في املادة (2) من هذاالقرار. +2. التالعببالاورة امللاقة على الجواز أو وثيقة السفر . +3. الشطب أو الكشط أو التحريف في البيانا املدونة فيالجواز أو وثيقة السفر. +4. التلف الظاهر في الجواز أووثيقة السفر بشكل يمس أي من البيانا أو بعض منها. +5. عدم االنتظام في ترقيم صفحا الجواز أو الوثيقة أو فقدان أو نزع أي جزء منها. 5 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية للمرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخول وإقامة +األجانب + 6. استخدام جواز أو وثيقة سفر تعود لشخص آخر بغرض انتحال صفة الغير. + +ي عاد األجنبي الذي تحققت فيه الة من ال اال املشار إليها في هذر املادة على نفقته الخاصة وبذا +الوسيلة التي أقلته كلما أمكن ذلك، أو بوسيلة أخرى ي كلف بتحديدها قائد وسيلة النقل أو مالكها أو +وكيلها. + + + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (5) + التزوير فياملستندات الرسمية +على الهيئة توقيف كل قادم إليها تبين أن في جواز أو وثيقة سفرر اشرباها بكشط أو تحريف أو شطب أو +تزوير في األختام أو التأشيرا التي تثبتها السلطا ا ختاة بدخول وإقامة األجانب أو البعثا +الدبلوماسية للدولة في وثائق أو جوازا سفر األجانب. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (6) +التزامات األجنبي وجهة االستقدام +أوالً: التزامات األجنبي: +1. يلتزم األجنبي برسجيل بياناته ومكان إقامته عند تقديمه لتأشيرة الدخول أو عند دخوله للدولة إذا +كان من الفئا املعفية من التأشيرة املسبقة، كما يلتزم بإخطار الهيئة في ال أي تغيير في تلك البيانا +أو في الة وقوع نزاع بينه وبين الجهة املتعاقد معها. +2. ال يحق لألجنبي العمل بأجر أو بدونأ جر إال بعد ال اول على ترخيص بذلك من الجهة ا ختاة. +3. على األجنبي في ال فقد أو تلف جواز سفرر أو بطاقة هويته أن يبلغ بذلك أقرب مركز للشرطة خالل +(3 ) ثالثة أيام من واقعة الفقدأ و التلف. +4. على األجنبي إذا رز بمولود في الدولة أن يقومباستخرا الوثائق الخاصة بإثبا هويته وفقا +للرشريعا النافذة في البلد الذي يحمل جنسيتها وتعديل وضع املولود أو مغادرته للدولة خالل (4 ) +أربعة أشهر من تاريخ امليالد. +5. على األجنبي مغادرة الد ولة بعد انقضاء املدة املارح له بالبقاء فيها بالدولة. +6. على األجنبي أن يحرز في أي وقت يطلب منه ذلك بطاقة هويته أو إثباهويته. + 6 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية للمرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخول وإقامة +األجانب + و ي حدد الرئيس البيانا الواجب اسريفاؤها وفقا أل كام البند (1) من هذر املادة واإلجراءا املرتبطة +بواقعة الفقد أو تلف جواز السفر أو بطاقة الهوية الواردة في البند ( 3) من هذر املادة. + +ثانياً : التزامات جهة االستقدام: +1. يلتزم األشخاص الطبيعيينواالعتباريين بالدولة بعدم تشغيل األجنبي ولو على سبيل التجربة إال بعد +ال اول على ترخيص بذلك من الجها ا ختاة. +2. تلتزم جهةاالستقدام ضامنة كانت أو جهة متعاقدة مع األجنبي برشغيل ذلك األجنبي متى كان مارح +له بالعمل وإخطار الجها ا ختاة عن واقعة انقطاعه عن العمل أو تغيبه خال ل (48) ثمان وأربعين +ساعة من واقعة االنقطاع أو التغيب. +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (7) +التزامات قائدي وسائل النقل +على ربابنة السفن وقائدي السيارا والقطارا وغيرها من وسائل النقل عند وصولها الدولة أو مغادرتها +لها أن يقدموا إلى املوظف ا ختص في الهيئة املسرندا أو البيانا اآلتية: +1. أسماء الركاب الذين ال يحملون جوازا سفر أو وثائق سفر صال ة. +2. أسماء الركابالذين يشك ون في ص ة جوازا سفرهم أو عدم سريان مفعولها. +3. أسماء الركابالذين ال يحملون تأشيرا دخول أو تااريح إقامة ت خولهم الدخول للدولة. + +الفصل الثاني + تأشيرات الدخول +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (8) + شروطمنح تأشيرة دخول األجنبي للدولة +يجوز منح األجنبي تأشيرة دخول إذا توافر االشتراطا العامة اآلتية: +1. أن يكون لديه جواز أو وثيقة سفر صال ان ومعتمدان لدخول الدولة والعودة إلى الدولة املقيم فيها +أو الاادر عنها الجواز أو الوثيقة، وأال تقل مدة صال ية جواز أو وثيقة السفر عن (6) ستة أشهر. +2. أال يكون ممنوعا من الدخول إلى أراض ي الدولة. +3. أال يكون قد سبق إبعادر من الدولة. +4. أن يكون لديه تذكرة سفر ملتابعة ر لته أو تذكرةمغادرة للدولة . +5. .أن يكون لديه تأمين صحي ساري املفعول داخل الدولة 7 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية للمرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخول وإقامة +األجانب + 6. أن توافقالجها ا ختاة على دخوله بعد اسريفاء االشتراطا املناوص عليها في هذا القرار +وتقديم املسرندا والوثائق التي تثبت جدية الغرض واسريفاء الرسوم والضمانا املقررة. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (9) +ضوابط إصدار التأشيرات من السفارات والهيئات القنصلية +يجوز للسفارا والهيئا القنالية التي تمثل الدولة في الخار أن تادر تأشيرا الدخول وفقا للضوابط +واإلجراءا اآلتية: +1. يقدم األجنبي املتواجد خارالدولة طلب تأشيرة الدخول على النموذ املعتمد إلى السفارا أو +القناليا التي تمثل الدولة في الخار . +2. يتم منحالتأشيرا من السفارة أو ا لقنالية بعد موافقة الهيئة على الطلب وت سجل في سجل خاص. +3. تادر تأشيرا الدخول على النماذ املعتمدة لدىالهيئة وذلك بعد اسريفاء الرسوم والضمانا +املقررة وبمراعاة الشروط واإلجراءا املناوص عليها في هذا القرار. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (10 ) + أنواعتأشيرات الدخول +تحدد تأشيرة الدخول املمنو ة لألجنبي الغاية من دخول املها إلى الدولة، وت انف إلى اآلتي: +1. .تأشيرة دخول للزيارة +2. تأشيرة دخول مؤقت أو طارئ. +3. تأشيرة دخولللعمل. +4. تأشيرة دخوللإلقامة. +5. تأشيرةدخول مقيهي دول مجلس التعاون لدول الخليج العربية ومرافقيهم من األجانب. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (11 ) +تأشيرة دخول للزيارة +للهيئة -بعد موافقة الجها ا ختاة- أن تمنح األجنبي تأشيرة تجيز له دخول الدولة للزيارة املؤقتة سواء +لسفرة وا دة أو لعدة سفرا ، وتانف تأشيرة الدخول سب الغرض من الزيارة إلى األنواع اآلتية: +1. السيا ة. +2. زيارة قريب أو صديق. +3. مهمة عمل. 8 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية للمرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخول وإقامة +األجانب + 4. استكشاففرص العمل. +5. استكشاف فرص تأسيساألعمال. +6. العال . +7. الدراسة أو التدريب أو ال تأهيل. +8. تأشيرة ا جاملة. +يجوز بقرار من رئيس الهيئة أو من يفوضه إصدار تأشيرة الزيارة ألغراض أخرى لم تذكر في هذر املادة شريطة +التوثق من جدية الغرض من القدوم للدولة. + + + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (12 ) + مدةالبقاء لتأشيرة الدخول للزيارة +1. تتحدد مدة بقاء الزائر بالغرض من قدومه للدولة وفقا ملا تحددر الهيئة في هذا الشأن، وفي جميع +األ وال يجب أال تزيد مدة البقاء عن عام مع ضرورة اسريفاء الرسم والضمان املقرر ويعتحر الجزء +من الشهر شهر في تحديد قيمة الرسم الواجب أداءر. +2. يجوزبقرار من الرئيس أو من يفوضه تمديد تأشيرة الدخول للزيارة ملدة أو مدد م ماثلة في ال إثبا +جدية سبب التمديد ودفع الرسوم املستحقة. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (13 ) +صالحية تأشيرة الدخول للزيارة +تكون تأشيرة الدخول للزيارة صال ة لدخول الدولة ملدة (60 ) ستين يوما اعتبارا من تاريخ إصدار ها ويمكن +تجديدها ملدد مماثلة بعد اسريفاء الرسم املقرر . + +تأشيرة دخول للزيارة بغرض السياحة +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (14 ) + تأشيرة السياحة +للهيئة أن تمنح األجنبي تأشيرة دخول للزيارة بغرض السيا ة ويكون الضامن/ املستضيف داخل الدولة +إ دى املنشآ العاملة في مجال السيا ة وذلك بعد اسريفاء الرسم والضمان املالي املقرر . 9 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية للمرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخول وإقامة +األجانب + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (15 ) + تأشيرة السياحة املتعددة ملدة خمس سنوات +1. استثناء من أ كام املادة (12) من هذاالقرار، يجوز للهيئة إصدار تأشيرة زيارة متعددة بغرض +السيا ة صال ة ملدة (5 ) خمسسنوا من تاريخ اإلصدار بدون اشتراط ضامن/ مستضيف داخل +الدولة وذلك بعد اسريفاء الرسم والضمان املالي املقرر ، وي شترط في إصدار التأشيرة تقديم ما يثبت +توافر رصيد مارفي بمبلغ (4000 ) دوالر أو ما يعادلهامن العمال األجنبية خالل (6) الستة أشهر +األخيرة السابقة على تقديم الطلب. +2. تسمح تأشيرة السيا ة متعددة الدخول للمستفيد منها بالبقاء في الدولة مدة متواصلة ال تتجاوز +(90 ) تسعين يوما، ويجو ز للهيئة تمديدها ملدة مماثلة على أال تتجاوز مدة البقاء كاملة (180 ) مائة +وثمانين يوما في السنة الوا دة. +3. يجوز تمديد مدة البقاء في الدولة ملدة تزيد عن( 180 ) مائة وثمانين يوما في السنة في اال استثنائية +يادر بتحديدها قرار من الرئيس. + +تأشيرة دخول بغرض زيارة قريب أو صديق +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (16 ) +للهيئة أن تمنح األجنبي تأشيرة دخول بغرض زيارة قريب أو صديق بدون ضامن / مستضيف في الدولة. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (17 ) + شروط إصدار تأشيرة دخول بغرض زيارة قريب أو صديق +ي شترط إلصدار تأشيرة زيارة قريب أو صديق ما يأتي: +1. أن يكون الزائر قريبا أو صديقا ملواطن أو ألجنبي مقيم في الدولة وفقا لأل كام التي تحددها الهيئة. +2. .إرفا ما يثبت صلة القرابة واملحررا املوجبة للزيارة +3. اسريفاءالضمان املالي املقرر سب الغرض. +4. إذا كان الغرض من الدخول زيارة الزوجة األجنبية لزوجها من مواطني دول مجلس التعاونلدول +الخليج العربية، ي شترط أن يكون مرخاا لها بإقامة سارية املفعول في الدولة التي يحمل الزو +جنسيتها. + 10 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية للمرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخول وإقامة +األجانب + تأشيرة دخول للزيارة بغرض مهمة عمل +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (18 ) +للهيئة أن تمنح األجنبي تأشيرة دخول زيارة بغرض إنجاز مهمة عمل مؤقتة وذلك في اال العمل على +مشاريع مؤقتة أو العمل تحت التجربة لفترة زمنية مؤقتة، ويكون الضامن/ املستضيف جهة العمل في +الدولة سواء كانت جهة كومية أو خاصة أو مؤسسة في املناطق ال رة. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (19 ) + شروط إصدار تأشيرة دخول للزيارةبغرض مهمة عمل +ي شترط إلصدار تأشيرة زيارة بغرض إنجاز مهمة عمل مؤقتة ما يأتي: +1. تقديمعقد عمل مؤقت أو رسالة من الجهة املستقدمة ت بين العالقة التعاقدية والغرض من الدخول . +2. .إثبا اللياقة الص ية للعمل +3. موافقة وزارة املوارد البشرية والتوطين في ال كانت الجهةاملستقدمة خاضعة أل كام قانون تنظيم +عالقا العمل أو كانت من فئة العمالة املساعدة في ا أل عمال املنزلية. + +تأشيرة دخول للزيارة بغرض استكشاف فرص العم ل +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (20 ) +للهيئة أن تمنح األجنبي تأشيرة دخول زيارة ال ستكشاف فرص العمل، وتكون التأشيرة بدون اشتراط ضامن / +مستضيف داخل الدولة. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (21 ) + شروط إصدار تأشيرة دخول للزيارة بغرضاستكشاف فرص العمل +ي شترط إلصدار تأشيرة زيارة بغرض استك شاف الفرص املتا ة للعمل ما يأتي: +1. أنيستوفي املتقدم أ د الشرطين التاليين: +أ. أن يكون املتقدم من فئة العمالة املاهرة في املستوى املنهي األول أو الثاني أو الثالث من تانيف +املهن املعتمد لدى وزارة املوارد البشرية والتو طين. +ب. أن يكون املتقدم من خريجي أفضل (500) خمسمائة جامعة في العالم بحسب التانيف املعتمد +لدى وزارة التربية والتعليم وأال يكون قد مر على تخرج ه أكثر من عامين. +2. أن يكونال د األدنى للمستوى التعليهي شهادة البكالوريوس أو ما يعادلها . 11 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية للمرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخول وإقامة +األجانب + 3. أنيستوفي الضمان املالي املقرر. + +تأشيرة دخول للزيارة بغرض استكشاف فرص تأسيس األعمال +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (22 ) +للهيئة أن تمنح األجنبي تأشيرة دخول زيارة بغرض بحث واستكشاف فرص األعمال، وتكون التأشيرة بدون +اشتراط ضامن/ مستضيف داخل الدولة، وي شترط إل صدار التأشيرة اسريفاء الرسم والضمان املالي املقرر. + +تأشيرة دخول للزيارة بغرض العالج +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (23 ) +للهيئة أن تمنح األجنبي تأشيرة دخول زيارة بغرض العال ، و يكون الضامن/ املستضيف في هذر ال الة +منشأة ص ية مرخاة في الدولة، كما يجوز منح تأشيرة ملرافق/ مرافقي متلقي العال . +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (24 ) +شروط إصدار تأشيرة الزيارة للعالج +ي شترط إلصدار تأشيرة زيارة للعال ما يأتي: +1. تقديمتقرير طبي معتمد ورسالة من الجهة املست ضيفة تفيد محررا الزيارة. +2. اسريفاء الضمان املالي املقرر . +3. في الة منح تأشيرة الدخول للمرافق لعال املريض، يشترط دخول املرافق برفقة املريض للدولة +وأن يحمل املرافق تأشيرة دخول مماثلة لتأشيرة دخول املريض (سفرة وا دة أو لعدة سفرا بحسب +األ وال)، وال يتم التمديد للمرافق إال إذا مدد تأشيرة الدخول للمريض. وفي جميع األ وال يجب +أن يكون للمستفيد تأمين صحي وأن يتم تقديم الضمان املالي املقرر. + +تأشيرة دخول للزيارة بغرض الدراسة أو التدريب أو التأهيل +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (25 ) +للهيئة أن تمنح األجنبي تأشيرة دخول زيارة بغرض الدراسة أو التدريب أو التأهيل وما في كمها، ويكون +الضامن/ املستضيف في هذر ال الة إ دى الجامعا أو املعاهد أو املؤسسا التعليمية أو البحثية +املرخاة في الدولة، كما يمكن أن يكون الضامن/ املستضيف جهة كومية أو خاصة ألغراض التدريب أو +التأهيل لفترة زمنية مؤقتة. + 12 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية للمرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخول وإقامة +األجانب + " +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (26 ) + شروط إصدار تأشيرة دخول للزيارة بغرض الدراسةأو التدريب أو التأهيل +ي شترط إلصدار تأشيرة زيارة لغرض الدراسة أو التدريب أو التأهيل تقديم رسالة من الجهة املست ضيفة +متضمنة الحرنامج الدراس ي أو التدريبي ومدته. + +تأشيرة املجاملة +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (27 ) + للسفارا والهيئا القنالية التي تمثل الدولة في الخارمنح تأشيرة ا جاملة بعد موافقة الهيئة للفئا +اآلتية: +1. تأشيرة زيارة للشخايا التي يرون مالئمة منحها هذر التأشيرة. +2. تأشيرةزيارة ل ملة الجوازا الدبلوماسية والخاصة وجوازا األمم املتحدة. + +تأشيرة الدخول املؤقت/ الطارئ +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (28 ) +للهيئة -بعد موافقة الجها ا ختاة - أن تمنح األجنبي تأشير ا خاصة ت جيز له دخول الدولة بشكل مؤقت +في ال اال اآلتية: +1. تأشيرة عبور للركاب املواصلين ر لتهم(الترانزيت). +2. طاقمالطائرة. +3. البحارة. +4. الدخول الطارئ ألسباب محددة. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (29 ) +)تأشيرة العبور (ترانزيت +1. للهيئة أن تمنح هذر التأشيرة لألجنبي العابر واملواصل ر لته إلى دولة أخرى أو امللتحق بإ دى البواخر +الراسية في أ د موانئ الدولة أو الذي يرغب االلتحا بها وتضطرر ظروف الر لة إلى دخول البالد. +2. تخول تأشيرةالعبور (الترانزيت) لأل جنبي البقاء في الدولة ملدة (48 ) ثمان وأربعين أو (96) ست +وتسعين ساعة وذلك وفقا للشروط اآلتية: 13 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية للمرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخول وإقامة +األجانب + أ. أن يكون بحوزته جواز أو وثيقة سفر صال ين لدخول الدولة وكذلك الدولة التي يقاد متابعة +الر لة إليها. +ب. أن يكون بحوزته تذكرة ملتابعة الر لة، وي سرثنى من ذلك األجنبي الذي يرغب االلتحا بباخرة +راسية في أ د موانئ الدولة. + . وفي جميع األ وال يجوز أن ت منح هذر التأشيرة لر لتي الذهاب واإلياب عند التقدم بطلبها. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (30 ) + تأشيرة دخولالبحارة وأطقم الطائرة +أوالً : البحارة +1. للهيئة أن تمنح هذر التأشيرة في املنفذ البحري للبحار متى توافر فيه الشروط اآلتية: +أ. أن يثبت هويته بجواز السفر البحري Seaman Book).) +ب. أن يكون اصال على بطاقة البحارة التي تادرها الجهة ذا االختااص في الدولة إذا كان عامال +على ظهر السفن الوطنية العاملة في أعالي البحار باإلضافة إلى جواز السفر البحري. + . أن يكون اصال على إقامة للعمل في الدولة وبطاقة البحارة التي تادرها الجهة ذا االختااص +في الدولة، إذا كان عامال على ظهر السفن األجنبية املرتبطة بعقود عمل في الدولة. +2. يجوز للبحارة وأطقم السفينة ال اول على تاريح تأشيرة مؤقتة ملدة( 7 ) سبعة أيام ملغادرة رم +امليناء إلى أراض ي الدولة، ويكون الضامن/ املستضيف في هذر ال الة الوكيل البحري. +3. يجوز للبحارة وأطقم السفينةاالنتقال داخل نفس امليناء من الوسيلة البحرية القادم عليها إلى أية +وسيلة بحرية راسية في موانئ الدولة بعد إبالغ الجها ا ختاة بدخول األجانب في املنفذ، وي شترط +في هذر ال الة موافقة رباني الوسيلة القادم عليها واملنتقل إليها وفقا للتعليما املنظمة لهذا الشأن. + +ثانياً : طاقم الطائرة +تكون مدة البقاء بالدولة لطاقم الطائرة ( 7 ) سبعة أيام من تاريخالدخول. + +تأشيرة الدخول الطارئ +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (31 ) +للهيئة أن تمنح تأشيرة الدخول الطارئ في منافذ الدولة لألجنبي القادم بنظام العبور (الترانزيت) أو الذي +تم إنزاله من وسيلة النقل في أ د منافذ الدولة أل د األسباب اآلتية: +1. .العارض الاحي 14 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية للمرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخول وإقامة +األجانب + 2. .إلغاء الر ال بسبب سوء األ وال الجوية +3. إلغاء الر ال بسبب أعطال الطائرا املفاجئةوتستوجب املكوث ملدة تزيد على ( 24 ) أربع و��شرين +ساعة. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (32 ) + ضوابط تأشيرة الدخول الطارئ +يكون الضامن / املستضيف لهذر التأشيرة هو الناقل (شركة الطيران)، وت جيز التأشيرة ل املها البقاء في +الدولة ملدة ال تتجاوز (96 ( ) ست وتسعين ساعة لألسباب الواردة في البندين 2 ،3) من املادة السابقة، +شريطة عدم وجود أي موانع أمنية تحول دون منحها. +وتكون مدة البقاء ملدة ال ت تجاوز (7 ) سبعة أيام إذا كان سبب منحها العارض الاحي، على أن تعدل +التأشيرة إلى تأشيرة دخول للعال إذا تطلب البقاء في الدولة ألكثر من ذلك، ويتم وضع امل التأشيرة تحت + راسة الشرطة إذا كان من ضمن قائمة املمنوعين من دخول الدولة. + +وفي جميع األ وال ت طبق ذا األ كام على امل رافق. +تأشيرة دخو ل للعمل +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (33 ) +للهيئة أن تمنح األجنبي تأشيرة دخول للعمل تريح ل املها البقاء في الدولة ملدة (60) ستين يوما من تاريخ +الدخول ل ين إتمام اإلجراءا الالزمة إلصدار اإلقامة في ال اال اآلتية: + +1. األجنبي املرتبط بعقد عمل مع صاحب عمل من الجهات اآلتية: +أ. القطاع ال كومي االتحادي أو ا لي. +ب. القطاع الخاص والخاضعين للمرسوم بقانون اتحادي بشأن تنظيم عالقا العمل. + . عمالة الخدمة املساعدة. +د. الجها املستثناة من كل أ كام املرسوم بقانون اتحادي بشأن تنظيم عالقا العمل أو من شرط +ال اول على تاريح عمل من وزارة املوارد البشرية والتوطين بقرار يادر من مجلس الوزراء. + +2. اإلقامة الخضراء وتتضمن الفئاتاآلتية: +أ. املسرثمر والشريك في رخاة تجارية بموجب عقد شراكة بنسبة مشاركة يادر بتحديدها قرار من +الرئيس. +ب. العامل املهاري عالي املستوى . 15 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية للمرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخول وإقامة +األجانب + . العمل ال ر. +تسري بشأن الفئا الواردة في هذر املادة األ كام والضوابط الواردة في الفال الثالث من هذا القرار. + +تأشيرة دخو ل لإلقامة بدون عمل +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (34 ) +للهيئة أن تمنح األجنبي تأشيرة دخول لإل قامة بدون عمل تريح ل املها البقاء في الدولة ملدة (60 ) ستينيوما +من تاريخ الدخول ل ين إتمام اإلجراءا الالزمة إلصدار اإلقامة في ال اال اآلتية: +1. .الطالب امللتحق في الجامعا أو الكليا أو املؤسسا التعليمية أو البحثية املرخاة في الدولة +2. األجنبي الذي يعملعن بعد (عمل افتراض ي) لدى جهة خار الدولة. +3. .األجنبي املتقاعد +4. .األجنبي الذي يملك عقارا في الدولة +5. أفراد أسرة األجنبي املقيم في الدولة (الزو واألبناء)،ويجوز أن يشمل والدي األجنبي متى كان من +ال اصلين على اإلقامة الخضراء. +6. والدي وأبناء وزو املواطنأ و املواطنة الذين يحملون جوازا سفر أجنبية. +7. زوجا وأبناء مواطني دول مجلس التعاون لدول الخليج العربية الذين يحملون جوازا سفر أجنبية. +8. األجنبية التي توفي ع��ها زوجها املواطن أو طلقها ولها منهأ بن أو أكثر. +9. ال اال اإلنسانية التي يادربرنظيمها قرار من الرئيس. +تسري بشأن الفئا الواردة في هذر املادة األ كام والضوابط الواردة في الفال الثالث من هذا القرار. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (35 ) + تأشيرةدخو ل مقيمي دول مجلس التعاون لدول الخليج العربية ومرافقيهم +للهيئة أن تمنح األجنبي املقيم في إ دى دول مجلس التعاون لدول الخليج العربية ومرافقيه من األجانب +تأشيرة دخول للدولة وفقا للمدد والضوابط التي يادر بتحديدها قرار من الرئيس. + +الفصل الثالث + تصاريح اإلقامة +أنواع تصاريح اإلقامة +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (36 ) 16 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية للمرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخول وإقامة +األجانب + ي حدد تاريح اإلقامة الغاية منه ويكون على نوعين رئيسيين كاآلتي: +1. تاريح إقامة للعمل. +2. تاريح إقامة بدون عمل. + +وفي جميع األ و ال يجوز تحويل تأشيرة الدخول إلى تاريح إقامة دون ال اجة ملغادرة الدولة بعد أداء الرسم +املقرر لبدل املغادرة، وينطبق ذا ال كم على األجانب امللغاة إقاماتهم أو انتهت املدة املارح لهم فيها اإلقامة في +الدولة. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (37 ) + األحكام العامة إلصدار تصاريح اإلقامة +باإلضافة إلى الضوابط والشروط الواردة في هذا القرار، ي شترط ملنح األجنبي إقامة في الدولة ما يأتي: +1. أن يكون األجنب ي الئقا ص يا وفقا للنظم النافذة في هذا الشأن. +2. أنيتمتع األجنبي بضمان صحي طول فترة إقامته في الدولة. +3. أداء الرسم والضمان املالياملقرر. + + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (38 ) + مدة اإلقامة +1. يخول تاريح اإلقامة لاا به ق اإلقامة في الدولة ملدة (2) سنتين قابلة للتجديد ملدة أو مدد +مماثلة وفقا لذا الشروط التي م نح بموجبها، كما يجوز إصدارها ملدة عام بناء على طلب صا ب +العالقة أو ملقتضيا الاالح العام أو في ال اال التي يقر رها الرئيس. +2. يخول تاريح اإلقامة الخضراء لاا به ق اإلقامة بدون ضامن / صا ب عمل في الدولة ملدة (5 ) + خمس سنوا قابلة للتجديد ملدة أو مدد مماثلة وفقا لذا الشروط التي منح بموجبها. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (39 ) +تصريح اإلقامة للعمل +مع مراعاة أ كام املادة (33 ) من هذا القرار،للهيئة بعد موافقة الجها ا ختاة أن تمنح تاريح إقامة +للعمل للفئا اآلتية: + +1. األجنبي املرتبط بعقد عمل معصاحب عمل من الجهات اآلتية: 17 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية للمرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخ��ل وإقامة +األجانب + أ. القطاع ال كومي االتحادي أو ا لي. +ب. القطاع الخاص والخاضعين للمرسوم بقانون اتحادي بشأن تنظيم عالقا العمل. + . عمالة الخدمة املساعدة. +د. الجها املستثناة من كل أ كام املرسوم بقانون اتحادي بشأن تنظيم عالقا العمل أو من شرط +ال اول على تاريح عمل من وزارة املوارد البشرية والتوطين بقرار يادر من مجلس الوزراء. + +2. اإلقامة الخضراء وتتضمن الفئاتاآلتية: +أ. املسرثمر والشريك في رخاة تجارية بموجب عقد شراكة بنسبة مشاركة يادر بتحديدها قرار من +الرئيس. +ب. العامل املهاري عالي املستوى. + . العمل ال ر. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (40 ) +تصريح إقامة للعمل لألجنبي املرتبط بعقد عمل مع صاحب عمل +للهيئة أن تمنح األجنبي املرتبط بعقد عمل مع صا ب عمل إقامة للعمل وفقا للشروط اآلتية: +1. إذا كانت جهة االستقدام إ دى جها القطاع العام االتحادي أو ا لي، تادر الهيئة تاريح اإلقامة +بعد تقديم عقد العمل أو قرار التعيين لألجنبي. +2. إذا كانت جهة االستقدام خاضعةللمرسوم بقانون اتحادي بشأن تنظيم عالقا العمل أو كانت من فئة +عمالة الخدمة املساعدة وجب ال اول على تاريح وزارة املوارد البشرية والتوطين. +3. إذا كانت جهة االستقدامإ دى الجها املستثناة من كل أ كام املرسوم بقانون اتحادي بشأن تنظيم +عالقا العمل أو من شرط ال اول على تاريح عمل من وزارة املوارد البشرية والتوطين، تادر الهيئة +تاريح اإلقامة بعد تقديم عقد العمل أو قرار التعيين لألجنبي، وفي جميع األ وال يجب أن يكون لتلك +املؤسسا نظام ل ماية األجور وفقا ملا تحددر الهيئة في هذا الادد. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (41 ) + اإلقامة للخضراءللمستثمر أو الشريك +للهيئة أن تمنح اإلقامة الخضراء لألجنبي القادم إلى الدولة لإلقامة مسرثمرا أو شريكا في مشروع تجاري في + ال تو ا فر الشروط اآلتية: +1. موافقة الهيئة على االسر ثمار وفقا لنظام تانيف املسرثمرين الذي يادر به قرار من الرئيس +بالتنسيق مع وزارة االقتااد و الجها االتحادية وا لية ا ختاة في هذا الشأن . 18 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية للمرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخول وإقامة +األجانب + 2. إثبا قيمة االسرثمار أوالشراكة وفقا للنسب التي يادر بتحديدها قرار من الرئيس، وفي ال كان +األجنبي في أكثر من رخاة ياار إلى إجمالي رأس املال املسرثمر في اسريفاء النسبة املقررة. +3. .موافقة الجها ا لية ا ختاة والترخيص ملقدم الطلب بممارسة النشاط + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (42 ) +اإلقامة الخضراء للعامل املهاري +للهيئة أن تمنح األجنبي تاريح إقامة للعمل بدون ضامن/ صا ب عمل في الدولة متى كان من فئة العمالة +املاهرة وفق التانيف املنهي واملعايير املعتمدة من وزارة املوارد البشرية والتوطين. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (43 ) + شروط وضوا بط منح اإلقامة الخضراء للعامل املهاري +ي شترط إلصدار تاريح اإلقامة الخضراء للعامل املهاري اسريفاء االشتراطا اآلتية: +1. أن يحال على تاريح عمل في الدولة بموجب عقد عمل سارياملفعول في الدولة. +2. أن يكون من فئة العمالة املاهرة في املستوى املنهي األول أو الثانيأو الثالث من تانيف املهن املعتمد +لدى وزارة املوارد البشرية والتوطين. +3. .أن يكون ال د األدنى للمستوى التعليهي شهادة البكالوريوس أو ما يعادلها +4. أال يقل الراتب الشهري عن( 15,000 )خمسة عشر أ لف درهم أو ما يعادلها من العمال األجنبية. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (44 ) +اإلقامة الخضراء للعمل الحر +للهيئة أن تمنح األجنبي تاريح إقامة للعمل ال ر بشكل مستقل بدون ضامن/ صا ب عمل ودون ال اجة +لعقد عمل سواء كان متواجدا داخل الدولة أو خارجها. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (45 ) + شروط وضوا بط منح اإلقامة الخضراء للعمل الحر +ي شترط إلصدار اإلقامة الخضراء للعمل ال ر اسريفاء االشتراطا اآلتية: +1. ال اول على تاريح عمل ر من وزارة املوارد البشرية والتوطين. +2. أن يكون ال د األدنى للمستوى التعليهي شهادة البكالوريوس أو الدبلوم التخاص ي أو ما يعادلها. 19 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية للمرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخول وإقامة +األجانب + 3. أال يقل الدخل السنويملقدم الطلب من العمل ال ر لعامين سابقين عن ( 360,000 ) ثالثمائة وستون +ألف درهما أو ما يعادلها من العمال األجنبية أو أن يثبت مالءته املالية طوال فترة إقامته في الدولة. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (46 ) + تصريح اإلقامةبدون عمل +مع مراعاة أ كام املادة (34 ) من هذا القرار، للهيئة بعد موافقة الجها ا ختاة أن تمنح األجنبي تاريح +لإلقامة بدون عمل للفئا اآلتية: +1. .الطالب امللتحق في الجامعا أو الكليا أو املؤسسا التعليمية أو البحثية املرخاة في الدولة +2. األجنبي الذي يعمل عن بعد (عملافتراض ي) لدى جهة خار الدولة. +3. .األجنبي املتقاعد +4. .األجنبي الذي يملك عقارا في الدولة +5. أفراد أسرة األجنبي املقيم في الدولة (الزو واألبناء)، ويجوز أن يشمل والدي األجنبي متى كان من +ال اصلين على اإلقامة الخضراء. +6. والدي وأبناء وزو املواطنأ و املواطنة الذين يحملو ن جوازا سفر أجنبية. +7. زوجا وأبناء مواطني دول مجلسالتعاون لدول الخليج العربية الذين يحملون جوازا سفر أجنبية. +8. األجنبية التي توفي عنها زوجها املواطن أو طلقها ولها منهأ بن أو أكثر. +9. .ال اال اإلنسانية التي يادر برنظيمها قرار من الرئيس +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (47 ) + تصريح إقامةالطالب امل لتحق بمنشأة تعليمية +للهيئة أن تمنح تاريح إقامة بدون عمل للطالب امللتحق بإ دى الجامعا أو الكليا أو املؤسسا +التعليمية أو البحثية املرخاة في الدولة ويكون الضامن/ املستضيف املنشأة التعليمية. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (48 ) + شروط وضوابط منح إقامةال طالب امللتحق ب منشأة تعليمية +ي شترط إلصدار تاريح إقامة الطالب اسريفاء الشروط اآلتية: +1. أنتكون الجامعة أو الكلية أو املعهد أ و املركز البحثي وما في كمها مرخص لها بممارسة النشاط في +الدولة. +2. ال اول على موافقة وزارة التربية والتعليمأ و الجهة التعليمية ا ختاة في اإل مارة بحسب األ وال. + 20 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية للمرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخول وإقامة +األجانب + " +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (49 ) +تصريح إقامة العمل االفتراض ي +للهيئة أن تمنح األجنبي تاريح إقامة للعمل االفتراض ي بدون ضامن/ مستضيف ملدة سنة قابلة للتجديد +متى كان األجنبي يمارس عمال عن بعد لدى جهة خار الدولة. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (50 ) + شروط وضوابط منح إقامة العملاالفتراض ي +ي شترط إلصدار تاريح إقامة العمل االفتراض ي في الدولة اسريفاء الشروط اآلتية: +1. تقديم طالب التاريح ما يثبت عملهلدى جهة خار الدولة وأن العمل يتم عن بعد . +2. تقديمما يثبت اول طالب التاريح على دخل شهري ال يقل عن (3500) ثالثة آالف وخمسمائة +دوالر أمريكي أو ما يعادلها من العمال األجنبية. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (51 ) +تصريح إقامة األجنبي املتقاعد +استثناء من أ كام املادة (38) منهذا القرار، للهيئة أن تادر تاريح إقامة لألجنبي املتقاعد بدون ضامن/ +مستضيف ملدة (5 ) خمس سنوا قابلة للتجديد وفقا لذا الشروط التي منح بموجبها. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (52 ) +شروط وضوابط منح اإلقامة لألجنبي املتقاعد +ي شترط إلصدار تاريح إقامة لألجنبي املتقاعد اسريفاء الشروط اآلتية: +1. أال تقل مدة خدمة األجنبي قبل إ الته للتقاعد عن (15 ) خمس عشرعاما سواء داخل الدولة أو +خارجها، أو أن يكون قد أتم ( 55 ) خمسا وخمسينسنة ميالدية من عمرر. +2. أن يتوافر لديه أ دالشرط يين التاليين: +أ. أن يكون مالكا لعقار أو أكثر في الدولة، ال تقل قيمة عقارر أو مجموع قيمة عقاراته عن +(1,000,000 ) مليون درهم، سواء كانت هذر القيمة هي القيمة الشرائية أو السوقية، على أن يتم +التقييم من قبل الجهة ا ختاة في اإلمارة املعنية، أو أن تكون لديه وديعة مالية ال تقل قيمتها عن +(1,000,000 ) مليون درهم داخل الدولة أو خارجها، شريطة نقلها وإيداعها في أي مؤسسة مالية 21 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية للمرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخول وإقامة +األجانب + في الدولة خالل (60 ) ستين يوما من تاريخ إصدار اإلقامة، وي سرثنى من ذلك ال قيامه باالسرثمار +بقيمة الوديعة في الدولة. +ب. أال يقل الدخل السنوي ال ثابت للمتقاعد عن (( 240,000 مئتين وأربعين ألف درهم أو ما يعادلها +من العمال األجنبية، سواء كان مادر الدخل من داخل الدولة أو خارجها، شريطة تقديم كشف + ساب بنكي آلخر (6 ) ستة أشهر من تاريخ تقديم طلب ال اول على اإلقامة. +3. مع مراعاة كم البند(2 /أ) من هذر املادة، إذا كان العقار مرهونا فإنه ي قبل صك امللكية املرهونة +شريطة أال تقل القيمة املسددة لفك الرهن من القيمة اإل جمالية للرهن عن ( 1,000,000 ) مليون +درهم وقت تقديم طلب ال اول على اإلقامة. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (53 ) + تصريح إقامةلألجنبي مالك العقار +ي شترط إلصدار تاريح إقامة لألجنبي مالك العقار بدون ضامن/ مستضيف اسريفاء الشروط اآلتية: +1. أن يكون العقار مكتمل البناءوال يشمل مالك األراض ي الفضاء. +2. تقديم شهادة ملكية للعقار من الجهة ا ختاة بالرسجيل العقاريبالدولة. +3. أن يكون العقار مملوكا بالكامل ملقدم الطلب. +4. أن يكون العقار صالا للسكن. +5. أن يكون ملقدم الطلب دخال شهريا ال يقل عن (10,000) عشرةآال ف درهم أو ما يعادلها من العمال +األجنبية، أو أن يثبت مالءته املالية طوال فترة إقامته بالدولة. + + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (54 ) + تصريح إقامة ألفراد أسرة األجنبي املقيم في الدولة +1. يجوز لألجنبياملقيم بالدولة (ذكرا كان أو أنثى) استقدام أفراد أسرته شامال الزو واأل بناء من الذين +لم يبلغوا (25 ) الخامسة والعشرين أو البنا غير املتزوجا ، كما يجوز استقدام األبناء من ذوي +اال تياجا الخاصة بغض النظر عن العمر وفقا للضوابط التي تادر من رئيس الهيئة. +2. يجوز لألجنبي ال اصلعلى اإلقامة الخضراء استقدام أقاربه من الدرجة األولى. +3. تمنح إقامة أفراد األسرة لذا مدة إقامة الضامن / رب األسرة، وفي جميع األ وال يجب أال تتجاوز +مدة صال ية إقامة أفراد األسرة مدة صال ية إقامة الضامن/ رب األسرة. + 22 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية للمرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخول وإقامة +األجانب + " +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (55 ) + شروط وضوابط تصريح إقامة ألفراد أسرة األجنبي املقيم في الدولة +ي شترط إلصدار تاريح إقامة ألفراد أسرة األجنبي اسريفاء الشروط اآلتية: +1. أن يكوناألجنبي اصال على تاريح إقامة في الدولة. +2. توفر املالءة املاليةللضامن / رب األسرة. +3. توفير السكناملالئم ألفراد االسرة. +4. إثبا صلةالقرابة. +يادر رئيس الهيئة قرارا بالضوابط املنظمة لالشتراطا الواردة في هذر املادة. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (56 ) +تصريح إقامة لوالدي و أ بناء وزوج املواطن أو املواطنة الذين يحملون جوازات سفر أجنبية +يجوز منح والدي وأبناء وزو املواطن أو املواطنة الذين يحملون جوازا سفر أجنبية تاريح إقامة مدته +(5 ) خمس سنوا بدون عمل، ويكون الضامن/ املستضيف املواطن أو املواطنة، وذلك وفقا لالشتراطا +التي يادر بتحديدها قرار من الرئيس. + + + + + + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (57 ) + تصريح إقامةزوجات وأبناء مواطني دول مجلس التعاون لدول الخليج العربية الذين +يحملون جوازات سفر أجنبية +يجوز منح زو أو زوجة مواطني دول مجلس التعاون لدول الخليج العربية وأبناءهم الذين يحملون +جوازا سفر أجنبية، تاريح إقامة بدون عمل، وذلك وفقا لالشتراطا التالية، ويكون الضامن/ +املستضيف الزو أو الزوجة: +1. أن يكون األجنبي اصال على إقامة في بلد الضامن/ املستضيف. +2. توفر املالءة املالية للضامن/ املستضيف. 23 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية للمرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخول وإقامة +األجانب + 3. توفير السكن املالئم ألفراد األسرة. +4. إثبا صلةالقرابة. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (58 ) + األجنبية التي توفي عنها زوجها املواطن أو طلقها ولها منه أبن أوأك ثر +يجوز منح زوجة املواطن الذي توفي عنها زوجها أو طلقها تاريح إقامة بدون عمل شريطة أن يكون لديها +منه أبن أو أكثر، ويكون الضامن/ املستضيف في هذر ال الة أكحر األبناء الذكور وإذا لم يكن لديها أبناء +ذكور فأكحر البنا . + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (59 ) +( يعتحر تاريح اإلقامة املمنوح لألجنبي الغيا إذا تجاوز مدة اإلقامة خار الدولة أكثر من 180) مائة +وثمانين يوما متتاليا . + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (60 ) +( استثناء من أ كام املادة 59 ) منهذا القرار، يستمر تاريح اإلقامة ساريا تى نهاية مدته وذلك بالنسبة للفئا +اآلتية: +1. . زوجا املواطنين األجنبيا +2. عمالة الخدمة املساعدةاملرافقة للمبتعثين من املواطنين للدراسة في الخار . +3. عمالة الخدمة املساعدةومرافقو املرض ى املواطنين املسافرين أو املبتعثين للعال في الخار . +4. املرض ى من األجانب ومرافقيهم املسافرين أو املبتعثين للعال في الخار ولديهمتااريح إقامة سارية +املفعول شريطة تقديم تقرير طبي ماد من الجها ا ختاة في الدولة. +5. عمالة الخدمة املساعدة أل عضاء البعثا الدبلوماسية والقنالية التي تمثل الدولة في الخار وموظفيها +ال اصلين على تااريح إقام ة في الدولة. +6. األجانب املبتعثين من ق بل مؤسسا القطاع العام في دورا تدريبية أو تخااية، أو العاملين في مكاتبها +في الخار وعائالتهم ال اصلين على تااريح إقامة سارية املفعول في الدولة. +7. عمالة الخدمة املساعدة ألفراد األسر ال اكمة العاملين في مساكنهم بالخار وال اصلين على تااريح +إقامة سارية املفعول بالدولة. +8. الطلبةامللتحقين باملنشآ التعليمية خار الدولة ال اصلين على تااريح إقامة سارية املفعول في الدولة. +9. املسرثمرونال اصلون على تااريح إقامة سارية املفعول. 24 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية للمرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخول وإقامة +األجانب + 10. مكفولو ممثلي الدولة الدبلوماسيين والقناليينو املرافقين لهم. +11. أي فئةأخرى ياندر باسنتثنااها قرار من الرئيس أو من يفوضنه شنريطة أن يكون لديها تانريح إقامة سنارية +املفعول وبعد اسريفاء الرسم املقرر في هذا الشأن. + +الفصل الرابع + سلطة الرقابة +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (61 ) + متابعة املخالفين +على الهيئة متابعة األجانب وبافة خاصة الذين يدخلون البالد بموجب تأشيرا دخول وال يغادرونها خالل +املدة املارح لهم بها، وكذلك األجانب الذين تنتهي تااريح اإلقامة املمنو ة لهم أو تااريح العمل املؤقتة وال +يبادرون إلى تجديدها أو تعديل أوضاعهم خالل املوعد ا دد. +ويكون للجهة ا ختاة في الهيئة صال ية التوقف عن منح التأشيرا للضامن أو الجهة املستضيفة لألجنبي +متى ثبت في أي وقت من األوقا عدم االلتزام باأل كام املنظمة لدخول األجانب. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (62 ) +الحمالت التفتيشية +على الهيئة أن تقوم بحمال تفتيشية للتأكد من عدم مخالفة القانون والقرارا الاادرة تنفيذا له واتباع +اإلجراءا القانونية املقررة لضبط ا خالفين من الفئا اآلتية: +1. املرسللو ن ومَنْ يقومون بتهريبهم ومساعدتهم لدخول الدولة والبقاء فيها. +2. مَن يقومون برشغيل األجانب من دون تاريح بذلك سواء كانوا مرسللين أو مستقدمين من جهة تعاقد +أو ضامن لألجنبي بما يخالف القوانين والنظم السارية في هذا الشأن. +3. مَن ال يقومون برشغيلاألجانب املستقدمين للدولة للعمل ضمن عالقة تعاقدية كما نص عليها +املرسوم بقانون اتحادي بشأن تنظيم عالقا العمل ويتركونهم للعمل لدى الغير. +4. املرتبطون بعقد عمل والذينيعملون لدى الغير. +5. مرتكبو أي من ا خالفا األخرى املناوص عليها في قانون دخول وإقامة األجانب املشار إليه +والقرارا الاادرة تنفيذا له. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (63 ) 25 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية للمرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخول وإقامة +األجانب + تفعيل دور الحمالت التفتيشية +تتولى الهيئة التنسيق مع جميع الجها املعنية في الدولة لوضع ضوابط تفعيل ال مال التفتيشية +وتحقيق التنسيق املطلوب فيما بينهم. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمر��وم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (64 ) + الغرامات اإلدارية +تتولى الهيئة تحايل غرامة مالية ال تزيد عن (100 ) مائة درهم عن كل يوم يقيم فيه األجنبي في الدولة +باورة غير قانونية، ويبدأ ا رساب الغرامة اعتبار ا من اليوم التالي لنننننننن: +1. انقضاء املدة املارح له باإلقامة فيها بالدولة بعد إلغاءتاريح إقامته أو انتهاءها ، ويادر بتحديد تلك +املدد قرار من الرئيس لكل فئة من فئا املقيمين على أال تتجاوز في مجملها مدة (6 ) ستة أشهر من تاريخ +إلغاء أو انتهاء اإلقامة. +2. انقضاء املدة املارح بالبقاء فيها في الدولة اسرنادا لتأشيرة الدخول غير القابلة للتجديد. +3. ( انقضاء مدة7 ) .سبعة أيام من تاريخ إصدار تاريح املغادرة خالفي قانون دخول وإقامة األجانب +و يادر بقرار من مجلس الوزراء -بناء على توصية الرئيس وبعد التنسيق مع وزارة املالية - جدول با خالفا +و الغراما اإلدارية املفروضة عليها. + +الفصل الخامس + إخراج وإبعاد األجانب +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (65 ) +إخراج األجنبي من الدولة +يخر من الدولة بأمر من الهيئة كل أجنبي: +1. يضبط على ظهر إ دى السفن وهو يحاول دخول البالد باورة غير مشروعة. +2. إذا لم يكن اصال علىتأشيرة دخول أو تاريح لإل قامة. +3. إذا انتهت مدة الترخيص املمنو ة له بموجبتأشيرة دخول أو تاريح إقامة ولم يبادر بالتجديد في +األ وال التي يجوز فيها ذلك خالل املهلة املقررة. +4. .إذا أ لغيت تأشيرة دخوله أو تاريح إقامته ولم يبادر بمغادرة البالد خالل املهلة املقررة + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (66 ) 26 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية للمرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخول وإقامة +األجانب + أسرة األجنبي الصادر أمر بإخراجه +يجوز للهيئة تضمين أمر إخرا األجنبي أفراد أسرته األجانب امل كلف بإعالتهم. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (67 ) + تنفيذ أوامر اإلخراج +تتولى الهيئة تنفيذ أوامر اإلخرا بالتنسيق مع وزارة الداخلية والقيادا العامة للشرطة. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (68 ) + نفقات إخراج األجنبي +تكون نفقا إخرا األجنبي على سابه الخاص أو على ساب الجهة الضامنة أو صا ب العمل إن كان +تاريح إقامته مرتبطا بعقد عمل، وإن تعذر ذلك يتم إخراجه على نفقة الهيئة. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (69 ) + مهلة تصفية مصالح األجنبي الصادر أمر بإخراجه +إذا كان لألجنبي الاادر أمر بإخراجه ماالح في الدولة تقتض ي التافية، منحته الهيئة مهلة لتافيتها بعد +أن يقدم كفالة مقبولة، وبحيث ال تزيد هذر املهلة على (3 ) .ثالثة أشهر + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (70 ) + اإلبعاد القضائي +ي بعد األجنبي عن البالد إذا صدر ضدر كم قضائي باإلبعاد. + + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (71 ) + اإلبعاد اإلداري +يجوز إبعاد األجنبي إداريا عن الدولة ولو كان اصال على تاريح باإلقامة في األ وال اآلتية: +1. .إذا لم تكن له وسيلة ظاهرة للعيش +2. .إذا رأ سلطا األمن أن إبعادر تستدعيه املال ة العامة أو األمن العام أو اآلداب العامة + 27 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية للمرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخول وإقامة +األجانب + " +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (72 ) + أفرادأسرة املم بعد من األجانب +يجوز أن يشمل أمر إبعاد األجنبي أفراد أسرته األجانب امل كلف بإعالتهم. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (73 ) + توقيف املمبعد +يتم توقيف األجنبي الاادر أمر بإبعادر في املؤسسا العقابية واإلصال ية ملدة ال تزيد على شهر كلما كان +ذلك التوقيف ضروريا لتنفيذ أمر اإلبعاد وذلك بعد موافقة وذلك بعد موافقة النائب العام االتحادي. +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (74 ) +نفقات اإلبعاد +تكون نفقا إبعاد األجنبي وأسرته من مال ذلك األجنبي، أو على نفقة من قام برشغيله با خالفة للقانون +وإال تحملت الهيئة نفقا اإلبعاد. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (75 ) + مهلة تصفية مصالح األجنبي املمبعد +إذا كان لألجنبي الاادر أمر بإبعادر ماالح في البالد تقتض ي التافية، منحته الهيئة مهلة لتافيتها بعد +أن يقدم كفالة مقبولة، وبحيث ال تزيد هذر املهلة على (3) .ثالثة أشهر + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (76 ) +العودة للبالد بعد اإلبعاد +ال يجوز لألجنبي الذي سبق إبعادر من البالد العودة إليها إال بعد اوله على موافقة من الرئيس. + +الفصل السادس + األحكام الختامية +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (77 ) + اإلقامة الذهبية +تسري على اإلقامة الذهبية األ كام الواردة في املل ق املرفق بهذا القرار. + 28 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية للمرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخول وإقامة +األجانب + " +"labour, residency and leberal professions",قرار مج��س الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (78 ) + النماذج +تقدم طلبا ال اول على التأشيرا واإلقاما وتادر وفقا للنماذ التي يادر باعتمادها قرار من +الرئيس. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (79 ) +اإللغاءات +1. يلغى قرار وزير الداخلية رقم (360 ) لسنة1997 بإصدار الالئحة التنفيذية لقانون دخول وإقامة +األجانب. +2. يلغى قرار مجلس الوزراء رقم ( 8 ) لسنة2021 .في شأن تنظيم تااريح اإلقامة الذهبية +3. يلغى أي كم يخالف أو يتعارض مع هذا القرار. + +" +"labour, residency and leberal professions",قرار مجلس الوزراء رقم (65) لسنة 2022 بإصدار اللائحة التنفيذية للمرسوم بقانون اتحادي رقم (29) لسنة 2021 في شأن دخول وإقامة الأجانب,"املادة (80 ) + نشر القراروالعمل به +ي نشر هذا القرار في الجريدة الرسمية، وي عمل به اعتبارا من تاريخ 03/10 /2022 . + + + محمد بن راشد آلمكتوم + رئيس مجلس الوزراء + +______________________ + :صدر عنا +بتاريخ: 5 / ذي الحجة / 1443هـ +املوافق: 12 / يوليو / 2022م + +امللحق املرفق بقرار مجلس الوزراء رقم (65 ) لسنة2022 بإصدار الالئحة التنفيذية للمرسوم +بقانون اتحادي رقم ( 29 ) لسنة2021 في شأن دخول وإقامة األجانب +تنظيم تصاريح اإلقامة الذهبية + 29 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية للمرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخول وإقامة +األجانب + املادة (1) +مدة تصريح اإلقامة الذهبية +للهيئة -بعد موافقة الجها ا ختاة سب األ وال - أن تادر تاريح إقامة طويلة األمد ملدة (10 ) عشر +سنوا قابلة للتجديد، لفئا معينة من األجانب وعائالتهم تريح لهم اإلقامة الذاتية دون ال اجة لوجود +ضامن/ مستضيف داخل الدولة وذلك بهدف العمل أو االسرثمار أو تأسيس األعمال أو االستقرار في +الدولة وفقا للشروط واأل كام الواردة في هذا القرار. + +املادة (2) + التقديم علىتصريح اإلقامة الذهبية +يمكن لألجنبي املستوفي للشروط ا ددة في هذا القرار التقديم لل اول على تاريح اإلقامة الذهبية إما +من خالل التقديم املباشر على مناة الهيئة أو من خالل التوصية/ الترشيح من قبل الجهة ال كومية +االتحادية أو ا لية ا ختاة. + +املادة (3) + مزايا الحاصلين علىتصريح اإلقامة الذهبية +1. يجوز إصدار تاا ريح إقامة ألفراد أسرة األجنبي ال اصل على اإلقامة الذهبية تشمل الزو واألبناء +بغض النظر عن العمر واألبوين، ملدة (10 ) عشر سنواقابلة للتجديد . +2. يجوز لألجنبي ال اصل على اإلقامة الذهبية استقدامعمال الخدمة املساعدة وفقا ملالءته املالية. +3. يمنح األجنبي املستحق لإلقامة الذهبية من خار الدولة تأشيرة دخول ملدة (6) ستة أشهر متعدد ة +الدخول وقابلة للتجديد ملدة (6) ستة أشهر أخرى الستكمال إجراءاته. +4. في الة وفاةاملعيل ال اصل على اإلقامة الذهبية، يجوز ألفراد األسرة املعالين البقاء في الدولة طيلة +مدة سريان اإلقامة ا ملمنو ة لهم وفقا لالشتراطا التي تحددها الهيئة. + + +املادة (4) +شروط االحتفاظ بتصريح اإلقامة الذهبية +1. .القدرة على إعالة نفسه وأسرته دون دعم كومي 30 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية للمرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخول وإقامة +األجانب + 2. اال تفاظ بضمانصحي ساري املفعول له وألفراد أسرته طيلة فترة سريان اإلقامة أو سب ما هو +معمول به لدى الجهة ا لية ا ختاة. +3. للهيئة اتخاذ اإلجراءا الالزمة للتأكد من استمرارية اسريفاء املشمولين بأ كام هذا القرار للشروط +املشار إليها فيه طيلة مدة سريان تاريح اإلقامة الذهبية. + +املادة (5) + تجديد تصريحاإلقامة الذهبية +ت جدد تااريح اإلقامة الذهبية بموافقة الهيئة -والجها ا ختاة سب األ وال - وفق ذا املعايير +واالشتراطا التي منحت بموجبها وبعد اسريفاء الرسوم املقررة. + +املادة (6) + فئات اإلقامة الذهبية +للهيئة -بعد موافقة الجها ا ختاة سب األ وال - أن تمنح األجنبي املستوفي لالشتراطا تاريح +اإلقامة الذهبية ضمن الفئا اآلتية: +1. .املستثمرون +2. .رواد األعمال +3. .النوابغ من املواهب +4. .العلماء واملتخصصون +5. .أوائل الطلبة والخريجين +6. .رواد العمل اإلنساني +7. .خط الدفاع األول +كما يجوز بقرار من رئيس الهيئة منح تاريح اإلقامة الذهبية للشخايا البارزة واملؤثرة ضمن الفئا +املذكورة أعالر أو أية فئا أخرى بناء على توصية من الجها ال كومية االتحادية وا لية ا ختاة. + + + +املادة (7) + تصريح اإلقامة الذهبية للمستثمرين 31 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية للمرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخول وإقامة +األجانب + للهيئة أن تمنح املسرثمر تاريح اإلقامة الذهبية متى ما استوفى الشروط والضوابط ا ددة في هذا +القرار، وتشمل فئة املسرثمرين: +1. املسرثمرو ن في االسرثمارا العامة داخل الدولة. +2. املسرثمرون فيالعقارا داخل الدولة. + +املادة (8) + شروط إصدارتصريح اإلقامة الذهبية للمستثمرين +ي شترط ملنح تاريح اإلقامة الذهبية للمسرثمر أن تتوافر فيه االشتراطا اآلتية: + +أوالً: املستثمرون في استثمارات عامة داخل الدولة: +1. أن تكونللمسرثمر وديعة بقيمة ال تقل عن (2,000,000) مليوني درهم في صندو اسرثماري أو في +املاارف الوطنية العاملة داخل الدولة، أو +2. أن يقوم املسرثمر بإنشاء منشأة/ شركة في الدولة برأس مال ال يقل عن(2,000,000) مليوني درهم، أو +3. أن يكون شريكا في منشأة/ شركة قائمة أو جديدة بحاة مالية ال تقل عن( 2,000,000) مليوني درهم، +أو +4. أن يكون مالكا ملنشأة/ شركة تقوم بسداد الضرائب املفروضة عليها من قبل ال كومة االتحادية +بقيمة ال تقل عن (250,000) مئتين وخمسين ألف درهم سنويا، أو +5. أن يكون شريكا في منشأة/ شركة تقوم بسداد الضرائب املفروضة عليها من قبل ال كومة االتحادية، +وتكون مساهمة اته في الشركة تعادل على األقل (250,000) مئتين وخمسين ألف درهم سنويا من +الضريبة املدفوعة سنويا . +6. .أن يكون الرأسمال املسرثمر مملوكا بالكامل للمسرثم ر وليس قرضا ، وتقديم أدلة تثبت ذلك +7. أن يتوفرضمان صحي شامل للمسرثمر وألفراد أسرته فع ال عند التقديم لل اول على اإلقامة +الذهبية أو سب ما هو معمول به لدى الجهة ا لية ا ختاة. + +ثانياً: املستثمرون في العقار ات داخل الدولة: +1. أن يكون للمسرثمر عقار ا أو أكثر بقيمة إجمالية ال تقل عن (2,000,000) مليوني درهم، وأن يكون +العقار مملوكا بالكامل للمسرثمر، ويجوز أن يكون قرضا شريطة أن يكون القرض من أ د املاارف +ا لية التي تحددها الجهة ا لية ا ختاة، أو 32 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية للمرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخول وإقامة +األجانب + 2. أن يكون املسرثمر في عقار عند شرائه لو دة عقارية أو أكثر على الخارطة بقيمة إجمالية ال تقل عن +(2,000,000 ) مليوني درهم بشرط أن يتم الشراء من الشركا ا لية املعتمدة من الجهة ا لية +ا ختاة. +3. أن يكون لدى املسرثمرضمان صحي شامل له وألفراد أسرته طوال مدة سريان اإلقامة أو سب ما هو +معمول به لدى الجهة ا لية ا ختاة. + +املادة (9) +تصريح اإلقامة الذهبية لرواد األعمال +للهيئة أن تمنح تاريح اإلقامة الذهبية لرواد األعمال الذين لديهم مشاريع أو خطط أعمال ناج ة من +داخل أو خار الدولة في ال اسريفاء الشروط والضوابط ا ددة في هذا القرار. وي قاد برائد األعمال +األجنبي الذي يملك مشروع أو فكرة مشروع اقتاادي ذو طابع تقني أو مستقبلي قائم على ا خاطرة +واالبتكار. + +املادة (10 ) + شروط إصدارتصريح اإلقامة الذهبية لرواد األعمال +ي شترط ملنح تاريح اإلقامة الذهبية لرائد األعمال أن تتوافر فيه االشتراطا اآلتية: +1. أن يكون مالكا أو شريكا بمشروع ريادي مسجل في الدولة ضمن فئة املشاريع الاغيرة واملتوسطة في +مجال معتمد لدى وزارة االقتااد أو الهيئة أو الجها ا لية ا ختاة، شريطة أن يحقق إيرادا +سنوية ال تقل عن مليون درهم، أو +2. أن يكون اصال على موافقة على فكرة مشروعه ال ريادي من اضنة أعمال معتمدة أو من وزارة +االقتااد أو الهيئة أو من الجها ا لية ا ختاة لتأسيس النشاط املقترح مزاولته في الدولة، أو +3. أن يكون مؤسسا / من املؤسسين ملشروع/ مشاريع ريادية سابقة تم بيعه/ بيعها بقيمة إجمالية ال تقل +عن (7,000,000) سبعة ماليين درهم، شريطة موافقة وزارة االقتااد أو الهيئة أو الجها ا لية +ا ختاة. +4. أن يكون لدى رائد األعمالضمان صحي شامل له وألفراد أسرته فع ال عند التقديم لل اول على +اإلقامة الذهبية أو سب ما هو معمول به لدى الجهة ا لية ا ختاة. + +املادة (11 ) +تصريح اإلقامة الذهبية للنوابغ من املواهب 33 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية للمرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخول وإقامة +األجانب + للهيئة أن تمنح تاريح اإلقامة الذهبية أل ص اب املواهب االستثنائية املتميزة في ا جاال ذا األهمية +للدولة، وذلك في ال اسريفاء الشروط والضوابط ا ددة في هذا القرار. ت منح اإلقامة الذهبية في هذر +الفئة على أساس املوهبة فقط وال يتطلب عقد عمل في الدولة، كما ال ي شترط د أدنى للمؤهل العلهي أو +الراتب الشهري أو املستوى املنهي. يندر ضمن هذر الفئة ما يلي: +1. أهل الثقافة والفن . +2. املبتكرون وا خترعون. +3. الرياضيون . +4. .املواهب في مجال التكنولوجيا الرقمية +5. املواهب االستثنائية في ا جاال األخرى ذا األهمية وفق ما تحددر الجها ال كومية االتحادية أو +ا لية ا ختاة. + +املادة (12 ) + شروط إصدار تصريح اإلقامة الذهبية للنوابغ من املواهب +ي شترط ملنح تاريح اإلقامة الذهبية لاا ب املوهبة االستثنائية أن تتوافر فيه االشتراطا اآلتية: +1. أهل الثقافة والفن: أن يكون اصال على توصية/ موافقة من الجها الثقافية ال كومية االتحادية +أو ا لية ا ختاة في الدولة. +2. املبتكرون واملخترعون: أن يكون صا ب براءة اختراع ذا قيمة مضافة القتااد الدولة، وأن يكون + اصال على توصية/ موافقة من وزارة االقتااد أو الجهة ا لية ا ختاة. +3. :الرياضيون أن يكون اصال على توصية/ موافقة من الهيئة العامة للرياضة أو ا جالس الرياضية +ا لية. +4. املواهب في مجال التكنولوجيا الرقمية: أن يكون اصال على توصية/ موافقة من مجلس اإلمارا +للذكاء االصطناعي والتعامال الرقمية. +5. املواهب االستثنائية في املجاالت األخرى ذات األهمية: أن يكون اصال على توصية/ موافقة من +الجها ال كومية االتحادية أو ا لية ا ختاة. +6. أن يكون لدى صا باملوهبة ضمان صحي شامل له وألفراد أسرته فع ال عند التقديم لل اول على +اإلقامة الذهبية أو سب ما هو معمول به لدى الجهة ا لية ا ختاة. +7. يجوز إصدار تاريح إقامة ذهبية ملدير أعمال صا ب املوهبة وفقا لالشتراطا املنظمة لذلك على +أال تتجاوز (3) ثالثة تااريح إقامة ملدر اء األعمال خالل مدة سريان اإلقامة الذهبية لاا ب املوهبة. + 34 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية للمرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخول وإقامة +األجانب + + +املادة (13 ) +شروط إصدار تصريح اإلقامة الذهبية للمواهب من أهل الثقافة والفن +للهيئة أن تمنح تاريح اإلقامة الذهبية للمواهب من أهل الثقافة و الفن بناء على توصية وزارة الثقافة +والشباب أو الجها ا لية ا ختاة وفق الشرائح واملعايير اآلتية: +1. الرائد: من له مكانة مرموقة عامليا نريجة عمله اإلبداعي االستثنائي: +أ. ال اول على جائزة عاملية أو دولية معروفة في ا جال اإلبداعي. +ب. الترشح إل دى الجوائز العاملية املعروفة. + . شهادة تقدير من جهة مرموقة عامليا . +د. لديه مناب فخري من جهة عاملية مرموقة بسبب إبداعه املتميز. +2. :البارزمن له مكانة مرموقة محليا أو إقليميا نريجة عمله اإلبداعي االستثنائي: +أ. شهادة تقدير من إ دى الجها املرموقة محليا أو إقليميا في ا جال. +ب. شهادة ترشح إل دى الجوائز املرموقة محليا أو اقليميا في ا جال. + . لديه مناب فخري من جهة محلية أو إقليمية مرموقة بسبب إبداعه املتميز. +3. املحترفاملميز: من يمارس املهنة اإلبداعية ولديه تميزا الفتا في إنتاجه اإلبداعي أو الفكري : +أ. خحرة عمل مهنية ال تقل عن (5 )خمس سنوا في اإلنتا الفكري أو اإلبداعي. +ب. لديه أعمال إبداعية تم نشرها أو توزيعها محليا أو إقليميا أو عامليا خالل آخر (3 ) ثالثسنوا . + . أن تكون أعماله اإلبداعية قد اكرسبت تقديرا الفتا من ا جتمع اإلبداعي. +د. أن يكون قد عمل مع جها معروفة ومرموقة محليا أو إقليميا أو عامليا في بلد اإلقامة أو في دول +أخرى (عقود تجارية/ مشاركا / مهرجانا / منتديا / معارض/ ا تفاال أو فر ). +ه. تلقت إبداعاته اهتمام من النقاد أو وسائل اإلعالم أو الجها املتخااة. +و . عضوية نشطة في منظمة أو جمعية فنية دولية مرموقة. + +املادة (14 ) +شروط إصدار تصريح اإلقامة الذهبية للمواهب الرياضية +للهيئة أن تمنح تاريح اإلقامة الذهبية للمواهب الرياضية بناء على توصية من الهيئة العامة للرياضة أو +ا جالس الرياضية ا لية إذا كان ممن يلي: +1. .املواهب الرياضية املتميزة 35 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية للمرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخول وإقامة +األجانب + 2. ققتفوقا رياضيا متميزا . +3. .يشغل منابا قياديا في االتحادا أو اللجان أو املنظما الرياضية الدولية +4. .املتميزون في الطب الرياض ي + +املادة (15 ) +تصريح اإلقامة الذهبية للعلماء واملتخصصين +للهيئة أن تمنح تاريح اإلقامة الذهبية للعلماء واملهنيين املتخااين في ال اسريفاء الشروط +والضوابط ا ددة في هذا القرار، ويندر ضمن هذر الفئة: +1. العلماء والبا ثين ذوي اإلنجازا والتأثير العالي في مجالهمبناء على توصية من مجلس علماء اإلمارا . +2. كبار علماء ورجال الدين من ذوي اإلسهاما والتأثير العالي بناء على توصية من وزارة الثقافة والشباب +أو الجها ا لية ا ختاة . +3. نخبةاملتخااين في مجاال الاناعة و الثورة الاناعية الرابعة بناء على توصية من وزارة الاناعة +والتكنولوجيا املتقدمة أو الجها ا لية ا ختاة. +4. نخبة املتخااين في ا جاال الص ية بناء علىتوصية من وزارة الص ة ووقاية ا جتمع أو الجها +ا لية ا ختاة. +5. نخبة املتخااين في ا جاال التعليمية بناء على توصية من وزارة التربية والتعليم أو الجها ا لية +ا ختاة. +6. العمالة املاهرة مناملتخااين في املستويا املهنية العليا سب التانيف املنهي املعتمد في وزارة +املوارد البشرية والتوطين، ويشمل الفئا اآلتية: +أ. الرؤساء واملدراء التنفيذيون في املستوى املنهي األول . +ب. االختااصيون في املستوى املنهي الثاني وهم: +▪ االختااصيون في العلوم (وتشمل الفيزيائيون والفلكيون واالختااصيون في علوم املناخ، +واالختااصيون في الرياضيا والعلوم االكتوارية واإل ااء، واالختااصيون في العلوم ال ياتية +والبيئة وعلوم األوبئة، وعلوم الزراعة وغيرهم) . +▪ االختااصيون في الهندسة (وتشمل التخااا ال يوية مثل الهندسة الكهربائية وهندسة +الكمبيوتر واالتااال وهندسة الاناعة واإلنتا والتعدين والبيئة وهندسة الروبوتا +والتكنولوجيا ال يوية واملعماريون ومخططو املدن وغيرهم). 36 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية للمرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخول وإقامة +األجانب + ▪ االختااصيون في الص ة (األطباء وأطباء األسنان والايادلة واالختااصيون في التمريض +واختااصيو معالجة السمع والنطق والبار والعال الطبيعي والتغذية وغيرها من التخااا +الص ية ال يوية). +▪ االختااصيون في التعليم العالي والعام والتعليم املنهي ومطورو املناهج التعليمية وأساليب +التدريس والتقييم املتقدمة وتعليم املوهوبين وذوي اال تياجا الخاصة وغيرهم. +▪ االختااصيون في األعمال واإلدارة (وتشمل املسرشارون في ا جال املالي واالسرثمار وا للون +املاليون والتجارة اإللكترونية والرسويق الرقهي وغيرهم). +▪ االختااصيون في تكنولوجيا املعلوما (وتشمل محللو ومطورو الحرمجيا والتطبيقا ، +واملتخااون في علوم البيانا والذكاء االصطناعي وأمن املعلوما ) . +▪ االختااصيون في القانون واالجتماع والثقافة (وتشمل ا امون والقضاة واالقتااديون، +واالختااصيون في علم االجتماع والفلسفة والسياسة والتاريخ، واملؤلفون والص فيون +واللغويون، الفنون الرشكيلية (املعارض واملتا ف والنحاتون واملوسيقيون واملغنون وا خرجون +واملمثلون واملذيعون). + +املادة (16 ) + شروط إصدار تصريح اإلقامة الذهبيةللعلماء +ي شترط ملنح تاريح اإلقامة الذهبية للعلماء ما يأتي: +1. أنيكون اصال على توصية من مجلس علماء اإلمارا . +2. أن يكون اصال على ماجستير أو دكتورار في أ د تخااا الهندسة والتكنولوجيا وعلوم ال ياة +والعلوم الطبيعية من أفضل 500 جامعة ع��مليا(للدكتورار) أو أفضل 250 )جامعة عامليا (للماجستير +وفق التانيف ا الدولية املعتمدة من وزارة التربية والتعليم، أو +3. أن يكون اصال على ماجستير أو دكتورار في أ د تخااا الهندسة والتكنولوجيا وعلوم ال ياة +والعلوم الطبيعية من جامعة مانفة ضمن أفضل 100 جامعة عامليافي تانيف التخاص الدقيق +وفق التانيف ا الدولية املعتمدة من وزارة التربية والتعليم. +4. ( أن ينطبق الشرط2( ) أو3 .) على الجامعة في أي من السنوا العشر األخيرة +5. أن يكون اصال على معدل 1.0 أو أعلى في مؤشر االقتباس املوزون سب التخاص Field +Weighted Citation Index (FWCI) وأن يكون اصال على معدل 10 أو أعلى في مؤشر h-index . +6. يسرثنى من الشروط أعالر ال اصلين على ( Scopus H index ≥ 20 ) أو ذوي اإلنجازا في بناء قطاع +البحث والتطوير داخل وخار الدولة بناء على توصية مجلس علماء اإلمارا . 37 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية للمرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخول وإقامة +األجانب + 7. أن تكون الشهادة معتمدة من وزارة التربية والتعليم. +8. أن يكون لديهضمان صحي شامل له وألفراد أسرته فع ال عند التقديم لل اول على اإلقامة الذهبية +أو سب ما هو معمول به لدى الجهة ا لية ا ختاة. +املادة (17 ) + شروط إصدار تصريح اإلقامة الذهبيةل لمتخصصين +للهيئة أن تمنح تاريح اإلقامة الذهبية في هذر الفئة على أساس التوظيف (العمل النشط) في الدولة ملن +تتوفر فيه الشروط اآلتية: +1. .أن يحال على تاريح عمل في الدولة بموجب عقد عمل ساري املفعول في الدولة +2. أن يكون من فئة العمالة املاهرة في املستوى املنهي األول أو الثاني سب التانيف املنهي املعتمد لدى +وزارة املوارد البشرية والتوطين. +3. .أن يكون ال د األدنى للمستوى التعليهي شهادة البكالوريوس أو ما يعادلها +4. أال يقل الراتب الشهري عن ( 30,000 ) ثالثينألف درهم إماراتي أو ما يعادلها من العمال األجنبية. +5. .أن يكون اصال على ترخيص مزاولة مهنة للمهن التي تتطلب ذلك: الطبيب، الايدلي، املعلم وغيرها +6. أن يكون لديهضمان صحي شامل له وألفراد أسرته فع ال عند التقديم لل اول على اإلقامة الذهبية +أو سب ما هو معمول به لدى الجهة ا لية ا ختاة. + +املادة (18 ) + تصريح اإلقامة الذهبيةأل وائل الطلبة والخريجين +للهيئة أن تمنح تاريح اإلقامة الذهبية (ملرة وا دة غير قابلة للتجديد) أل وائل الطلبة والخريجين من +املدارس والجامعا اإلماراتية وأفضل الجامعا العاملية وفق الشروط والضوابط ا ددة في هذا +القرار، ويندر ضمن هذر الفئة ما يأتي: +1. أوائلالثانوية العامة أو ما يعادلها من طلبة املدارس في الدولة. +2. أوائل خريجي البكالوريوس منالجامعا املعتمدة في الدولة أو من أفضل الجامعا العاملية. +3. أوائل خريجي املاجستير والدكتورار من الجامعا املعتمدة في الدولة. + +املادة (19 ) +شروط إصدار تصريح اإلقامة الذهبية ألوائل الطلبة +ي شترط إلصدار تاريح اإلقامة الذهبية ألوائل الطلبة ما يأتي: 38 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية للمرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخول وإقامة +األجانب + 1. أن يكون اصال على شهادة الاف الثاني عشر من مدرسة كومية أو مدرسة خاصة مرخاة من +وزارة التربية والتعليم أو الجها التعليمية ا لية ا ختاة. +2. أال يقلمعدل الثانوية العامة (أو ما يعادلها) عن 95 % وبناء على توصية وزارة التربية والتعليم والجها +ا لية ا ختاة، أو أن يلبي املتقدم املعايير املعتمدة لتحقيق القيمة املطلوبة أو أكثر ملؤشر القوة +األكاديمية( Academic Strength Index ASI) املعتمد من وزارة التربية والتعليم بناء على االختبار +القياس ي الوطني في املواد الرئيسية. +3. أن تكون الشهادة معتمدة من وزارة التربية والتعليم. + +املادة (20 ) +شروط إصدار تصريح اإلقامة الذهبية ألوائل خريجي جامعات الدولة +ي شترط إلصدار تاريح اإلقامة الذهبية ألوائل خريجي جامعا الدولة ما يأتي: +1. أن يكون اصال على شهادة البكالوريوس أو املاجستير أو الدكتورار من جامعة مرخاة من وزارة التربية +والتعليم. +2. أن تكون الجامعة مانفة A أو B وفق التانيف املعتمد من وزارة التربية والتعليم. +3. :أال يقل املعدل التراكهي للمتقدم عن +▪ 3.5 أو ما يعادله في الة تخرجه من جامعة مانفةA . +▪ 3.8 أو ما يعادله في الة تخرجه من جامعة مانفةB . +4. .أال يكون قد مر على التخر أكثر من عامين +5. أن تكون الشهادة مادقة من وزارة التربية والتعليم. + +املادة (21 ) +شروط إصدار تصريح اإلقامة الذهبية ألوائل خريجي الجامعات العاملية +ي شترط إلصدار تاريح اإلقامة الذهبية ألوائل خريجي الجامعا العاملية ما يأتي: +1. أال يقل تانيف الجامعا العاملينننة عن أفضل 100 جامعة في العالم وفق التانيفالدولي املعتمد +من وزارة التربية والتعليم. +2. أال يقل املعدل التراكهي لخريج البكالوريوس عن 3.5 .درجة +3. أاليكون قد مر على التخر أكثر من عامين. +4. .أن تكون الشهادة معتمدة من وزارة التربية والتعليم + 39 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية للمرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخول وإقامة +األجانب + + + + +املادة (22 ) +تصريح اإلقامة الذهبية لرواد العمل اإلنساني والعاملين فيه +للهيئة أن تمنح تاريح اإلقامة الذهبية لرواد العمل اإلنساني ممن لهم إسهاما بارزة وملموسة في هذا +ا جال من داخل وخار الدولة بناء على توصية من وزارة تنمية ا جتمع بالتنسيق مع الجها ال كومية +االتحادية وا لية ا ختاة، ويندر ضمن هذر الفئة: +1. أعضاءاملنظما الدولية واإلقليمية أو العاملين فيها. +2. .أعضاء الجمعيا واملؤسسا األهلية ذا النفع العام أو العاملين فيها +3. ال اصلون على الجوائز التقديرية في مجال العمل اإلنساني. +4. .املتطوعون املتميزون +5. .الداعمون ماديا للعمل اإلنساني + +املادة (23 ) + شروط إصدارتصريح اإلقامة الذهبية لرواد العمل اإلنساني والعاملين فيه +ي شترط إلصدار تاريح اإلقامة الذهبية لرواد العمل اإلنساني والعاملين فيه ما يأتي: +1. أن يكون من أعضاء املنظما الدولية واإلقليمية، أو العاملين املتميزين فيها، ملدة ال تقل عن( 5 ) خمس +سنوا . +2. أن يكون من أعضاء الجمعيا واملؤسسا األهلية ذا النفع العام، أو العاملين املتميزين فيها، ملدة +ال تقل عن (5) خمس سنوا . +3. ال اصلون على الجوائز التقديرية من إ دى املؤسسا ا لية أو اإلقليمية أو الدولية املتخااة في +مجال العمل اإلنساني. +4. ( الداعمون ماديا للعمل اإلنساني، على أال تقل قيمة الدعم عن 2,000,000 ) مليوني درهم إماراتي أو +ما يعادلها. +5. .أن يكون اصال على مؤهل جامعي +6. أية فئة أخرى يتم االتفا عليها بين وزارة تنمية ا جتمع والجها ا لية ا ختاة والهيئة وتقع ضمن +مجاال العمل اإلنساني. 40 + قرار مجلس الوزراء لسنة 2022 ( بإصدار الالئحة التنفيذية ل��مرسوم بقانون اتحادي رقم 29 ) لسنة2021 في شأن دخول وإقامة +األجانب + + + + +املادة (24 ) +تصريح اإلقامة الذهبية للعاملين في خط الدفاع األول +للهيئة أن تمنح تاريح اإلقامة الذهبية ألص اب الجهود االستثنائية في ماية مجتمع اإلمارا في +التادي لألزما وذلك بتوصية من الجها ال كومية املعنية، و منهم الكوادر العاملة في خط الدفاع األول +في التادي لجائحة كوفيد من املمرضين واملسعفين و املساعدين الطبيين وفنيي ا ختحرا وفنيي الايادلة +وغيرهم من الكوادر املعتمدة لدى مكتب فخر الوطن. " +economy and business,مرسوم بقانون اتحادي رقم (42) لسنة 2023 في شأن مكافحة الغش التجاري,"املادة (1) + التعريفات +في تطبيق أحكام هذا املرسوم بقانون ، ي قصد بالكلمات والعبارات التالية، املعاني املبينة قرين كل منها، ما لم +يقض سياق النص بغير ذلك: +الدولة : اإلمارات العربية املتحدة. +الوزارة : وزارة االقتصاد. +الوزير : وزير االقتصاد. +السلطة املختصة : السلطة املحلية املختصة في اإلمارة املعنية التي ي ناط بها تطبيق أحكام هذا +املرسوم بقانون. +املحكمة املختصة : املحكمة االتحادية أو املحلية املختصة بحسب األحوال. +اللجنة العليا : اللجنة العليا ملكافحة الغش التجاري. +الغش التجاري : خداع املتعامل بأية وسيلة كانت وذلك بتبديل أو تغيير ماهية السلع أو مقدارها +أو جنسها أو سعرها أو صفاتها الجوهرية أو منشئها أو مصدرها أو صالحيتها أو +تقديم بيانات تجارية غير صحيحة أو مضللة عن املنتجات املرو جة أو أي أمر +آخر متعلق بها يؤدي إلى خداع املتعامل. +البضائع : كل مادة طبيعية أو منتج حيواني أو زراعي أو صناعي أو تحويلي أو فكري بما في +ذلك املنتجات األساسية والكمالية واملواد الخام واملصنعة ونصف املصنعة. 2 + مرسوم بقانون اتحادي لسنة 2023 فيشأن مكافحة الغش التجاري + البضائع املغشوشة : أي بضاعة أدخل عليها تغيير مما أفقدها شيئاً من قيمتها املادية أو املعنوية، +سواء كان ذلك باإلضافة أو اإلنقاص أو بتغيير في ذاتها أو طبيعتها أو جنسها أو +نوعها أو خواصها أو شكلها أو عناصرها أو كيلها أو مقاسها أو عددها أو طاقتها +أو عيارها أو منشأها أو مصدرها، أو اإلعالن عنها أو الترويج لها بما يخالف +حقيقتها، أو عدم مطابقة املواصفات واملقاييس املحددة في الدولة. +البضائع الفاسدة : أي بضاعة لم تعد صالحة لالستغالل أو االستعمال أو االستهالك كلياً أو جزئياً . +البضائع املقلدة : أي بضاعة تحمل دون إذن عالمة تجارية مطابقة أو مشابهة للعالمة التجارية +املسجلة بصورة قانونية. +املنشأة : أي شخص يقوم بنشاط اقتصادي أو شخص مرتبط به أو أي تجمع لهؤالء +األشخاص بغض النظر عن شكله القانوني الذي يجوز من خالله ممارسة +النشاط االقتصادي في الدولة. +املزود : كل شخص طبيعي أو اعتباري يقوم باستيراد أو تصدير أو إعادة تصدير أو +تصنيع أو إنتاج أو تسويق أو تداول أو ترويج أو تصريف أو بيع أو حيازة أو تخزين +أو نقل أو عرض البضائع لحسابه أو لحساب الغير. +املتعامل : الشخص الطبيعي أو االعتباري الذي يقوم بشراء البضاعة. +سحب البضاعة : أي إجراء يهدف إلى منع طرح بضاعة مغشوشة أو فاسدة أو مقلدة في الدولة. + +" +economy and business,مرسوم بقانون اتحادي رقم (42) لسنة 2023 في شأن مكافحة الغش التجاري,"املادة (2) + أهدافاملرسوم بقانون +يهدف هذا املرسوم بقانون إلى ما يأتي: +1. مكافحة أنشطة تقليد البضائع األصلية و الغش التجاري بكافة صوره وأنواعه. +2. وضع اآلليات والضوابط واإلجراءات ملكافحة الغش التجاري بهدفمنع التجارة في البضائع املقلدة +واملغشوشة والفاسدة. +3. خلق بيئة تجارية قانونية ومشجعةعلى حماية حقوق امللكية الفكرية. + + + + 3 + مرسوم بقانون اتحادي لسنة 2023 فيشأن مكافحة الغش التجاري + " +economy and business,مرسوم بقانون اتحادي رقم (42) لسنة 2023 في شأن مكافحة الغش التجاري,"املادة (3) + نطاقسريان املرسوم بقانون +تسري أحكام هذا املرسوم بقانون على كل من ارتكب فعل من أفعال الغش التجاري في الدولة بما في ذلك +املناطق الحرة. + +" +economy and business,مرسوم بقانون اتحادي رقم (42) لسنة 2023 في شأن مكافحة الغش التجاري,"املادة (4) +البضائع املغشوشة أو الفاسدة أو املقلدة +1. يحظر استيراد البضائع املغشوشة أو الفاسدة أو املقلدة أو تصديرها أو إنتاجها أو تصنيعها أو عرضها أو +بيعها أو تخزينها أو نقلها أو تسويقها أو تداولها أو ترويجها أو تصريفها أو حيازتها بقصد البيع، كما ي حظر +الشروع في أي من ذلك. +2. يعد مخالفاً ألحكام هذا املرسوم بقانون كل من ارتكب أو شارك أو شرع في ارتكاب أحد األفعال اآلتية: +أ. استيراد بضائع مغشوشة أو فاسدة أو مقلدة أو مواد مخصصة لهذه األغراض بقصد الغش التجاري +و تصديرها أو إعادة تصديرها أو تصنيعها أو إنتاجها أو بيعها أو تخزينها أو نقلها مع العلم بذلك. +ب. الخداع أو الغش أو التقليد في نوع البضاعة، أو عددها، أو مقدارها، أو قياسها، أو كيلها، أو وزنها، أو +طاقتها، أو عيارها، أو ذاتيتها، أو حقيقتها، أو طبيعتها، أو صفاتها، أو عناصرها، أو أصلها، أو منشأها، +أو تركيبتها، أو تاريخ صالحيتها. +ج. الحيازة بالذات أو بالواسطة بقصد تسويق أو تداول أو ترو يج أو عرض بضائع مغشوشة أو فاسدة أو +مقلدة للبيع، أو مواد لغش البضائع أو تقليدها. +د. استعمال أواني، أو أوعية، أو أغلفة، أو عبوات، أو ملصقات، أو مطبوعات في تجهيز أو تحضير ما +يكون معداً للبيع من البضائع املغشوشة أو الفاسدة أو املقلدة. +ه. تعبئة، أو تغليف، أو حزم، أو ربط، أو توزيع، أو تخزين، أو نقل البضائع املغشوشة أو الفاسدة أو +املقلدة. +و. حيازة البضائع املغشوشة أو الفاسدة أو املقلدة، بقصد التعديل أو التغيير أو التبديل عليها. +ز. وصف البضاعة أو اإلعالن عنها أو عرضها بأسلوب يحتوي على بيانات كاذبة أو خادعة أو مضللة. + + + + 4 + مرسوم بقانون اتحادي لسنة 2023 فيشأن مكافحة الغش التجاري + " +economy and business,مرسوم بقانون اتحادي رقم (42) لسنة 2023 في شأن مكافحة الغش التجاري,"املادة (5) +السحب من األسواق واملخازن واإلتالف +1. يلتزم املزود من تلقاء نفسه أو بناءً على أمر الوزارة أو السلطة املختصة -حسب األحوال - بسحب البضائع +املغشوشة أو الفاسدة أو املقلدة من األسواق واملخازن، وإبالغ السلطة املختصة أو الوزارة بحسب األحوال +بذلك واإلعالن عن ذلك بالطرق املناسبة، ويجوز للسلطة املختصة أو الوزارة بحسب األحوال سحب +البضائع املغشوشة والفاسدة واملقلدة والتصرف فيها أو إتالفها أو إعادتها إلى مصدرها على نفقة املزود +دون اإلخالل بالعقوبة املقررة بحقه، وت حدد الالئحة التنفيذية لهذا املرسوم بقانون اإلجراءات والضوابط +واملدد الالزمة لذلك وأوجه التنسيق ما بين الوزارة والسلطة املختصة. +2. في جميع األحوال، يلتزم املزود بتسديد أي نفقات أو مصاريف تتكبدها السلطة املختصة أو الوزارة بحسب +األحوال بشأن سحب أو التصرف أ و إتالف أو إعادة البضائع املغشوشة أو الفاسدة أو املقلدة على النحو +املنصوص عليه في البند (1 ) من هذه املادة. + +" +economy and business,مرسوم بقانون اتحادي رقم (42) لسنة 2023 في شأن مكافحة الغش التجاري,"املادة (6) + علم املتعامل بالغش التجاري +1. ال يعفى املزود من العقوبة املقررة في هذا املرسوم بقانون إثباته ع لم املتعامل بأن البضاعة مغشوشة أو +فاسدة أو مقلدة. +2. ( مع مراعاة البند1 ) من هذه املادة، ت نظم الالئحة التنفيذية لهذا املرسوم بقانون الحاالت التي يجوز فيها +فرض غرامة إدارية على املتعامل إذا كانت البضائع املغشوشة أو الفاسدة أو املقلدة أو املواد املستعملة في +غشها ضارة بصحة وسالمة اإلنسان أو الحيوان وثبت علم املتعامل بذلك. + +" +economy and business,مرسوم بقانون اتحادي رقم (42) لسنة 2023 في شأن مكافحة الغش التجاري,"املادة (7) +رد قيمة البضائع املغشوشة أو الفاسدة أو املقلدة +يلتزم املزود برد قيمة البضائع املغشوشة أو الفاسدة أو املقلد ة أو تبديلها أو تغييرها طبقاً لرغبة املتعامل حسن +النية، وذلك دون اإل خالل بحق املتعامل في املطالبة بالتعويض. + + + 5 + مرسوم بقانون اتحادي لسنة 2023 فيشأن مكافحة الغش التجاري + " +economy and business,مرسوم بقانون اتحادي رقم (42) لسنة 2023 في شأن مكافحة الغش التجاري,"املادة (8) +التزامات املزود +يلتزم املزود بما يأتي: +1. أن يقدمإلى السلطة املختصة أو الوزارة بحسب األحوال الدفاتر التجارية اإللزامية أو ما في حكمها والتي +توضح البيانات التجارية للبضائع التي يملكها أو يحوزها وقيمتها وكافة املستندات والفواتير املؤيدة لها متى +طلب منه ذلك. +2. أن يضع على البضائع البطاقات التعريفية أو أي معلومات مكتوبة أو مطبوعة أومرسومة أو محفورة +تصاحب منتج من املنتجات وتبين مكونات السلعة وكيفية استعمالها أو صيانتها أو تخزينها، وذلك بحسب +القوانين النافذة في الدولة. + +" +economy and business,مرسوم بقانون اتحادي رقم (42) لسنة 2023 في شأن مكافحة الغش التجاري,"املادة (9) +الضبطية القضائية +يكون للموظفين الذين يصدر بتحديدهم قرار من وزير العدل باالتفاق مع الوزير أو رئيس الجهة القضائية +املحلية -حسب األحوال - صفة مأموري الضبط القضائي في إثبات ما يقع من مخالفات ألحكام هذا املرسوم +بقانون والئحته التنفيذية والقرارات الصادرة تنفيذاً له. + +" +economy and business,مرسوم بقانون اتحادي رقم (42) لسنة 2023 في شأن مكافحة الغش التجاري,"املادة (10 ) +صالحيات وواجبات مأموري الضبط القضائي +1. ملأموري الضبط القضائيحق دخول املحال التجارية واملخازن واملصانع واملنشآت وجميع األماكن غير +املعدة للسكن في أي وقت للتفتيش واالطالع على السجالت والدفاتر وضبط البضائع املشتبه فيها أو +التحفظ عليها لدى املزود، وتحت مسؤوليته، وسحب عينات منها للفحص والتحليل، وت حدد الالئحة +التنفيذية لهذا املرسوم بقانون إجراءات التفتيش و الفحص و التحفظ على البضائع و املدد الزمنية الالزمة +لذلك. +2. يجب علىمأمور الضبط القضائي اتخاذ اإلجراءات الوقائية الالزمة لضمان الصحة والسالمة املهنية أثناء +تأدية مهامه التفتيشية. + + 6 + مرسوم بقانون اتحادي لسنة 2023 فيشأن مكافحة الغش التجاري + " +economy and business,مرسوم بقانون اتحادي رقم (42) لسنة 2023 في شأن مكافحة الغش التجاري,"املادة (11 ) +ام��حظورات +1. .ي حظر منع مأموري الضبط القضائي من تأدية أعمالهم +2. يحظر على املزود التصرف بالبضائع املتحفظ عليها قبل ظهور نتيجة الفحص بإجازتها. + +" +economy and business,مرسوم بقانون اتحادي رقم (42) لسنة 2023 في شأن مكافحة الغش التجاري,"املادة (12 ) +طلب اإل فراج عن البضاعة +1. يجوز للمزود الذي تم ضبط بضاعتهأو التحفظ عليها أن يتقد م إلى املحكمة املختصة بطلب اإلفراج عن +البضاعة املضبوطة أو املتحفظ عليها، وللمحكمة أن تأمر خالل (24 ) ساعةمن تقديم الطلب باإلفراج ، +بمراعاة الشروط والضوابط اآلتية : +أ. أن يقدم املزود للمحكمة ما يفيد أن البضاعة سريعة الهالك أو التلف. +ب. أن يكون قد تم أخذ عينات من البضاعة املتحفظ عليها للفحص. +ج. أن يترجح لدى املحكمة عدم وجود خطر على الصحة العامة من اإلفراج عن البضائع . +2. ( مع عدم اإلخالل بالبند1 ) من هذه املادة، يفرج عن البضاعة إذا لم يصدر أمراً من املحكمة املختصة +بتأييد التحفظ خالل (45 ) الخمسة واألربعين يوماً التالية ليوم الضبط، مع مراعاة أال تتجاوز هذه املدة +(20 ) عشرين يوماً للبضائع التي تكون عرضة للهالك أو التلف السريع. + +" +economy and business,مرسوم بقانون اتحادي رقم (42) لسنة 2023 في شأن مكافحة الغش التجاري,"املادة (13 ) +اإلغالق +يجوز بقرار مسبب من الوزير أو من يفوضه أو رئيس السلطة املحلية أو من يفوضه في حالة الضرورة أو +االستعجال عند قيام دالئل قوية على وجود بضائع مغشوشة أو فاسدة أو مقلدة لدى املزود بإغالق املحل أو +املكان الذي وقعت فيه الجريمة، على أن ي عرض األمر على املحكمة املختصة خالل (10) عشرة أيام عمل من +تاريخ إصدار القرار إلقرار الغلق أو إلغائه وإال اعتبر القرار كأن لم يكن. + + + + 7 + مرسوم بقانون اتحادي لسنة 2023 فيشأن مكافحة الغش التجاري + " +economy and business,مرسوم بقانون اتحادي رقم (42) لسنة 2023 في شأن مكافحة الغش التجاري,"املادة (14 ) + اللجنة العليا ملكافحة الغش التجاري +ي نشأ بموجب هذا املرسوم بقانون لجنة تسمى ""اللجنة العليا ملكافحة الغش التجاري"" تتبع الوزير، ويصدر +بتشكيلها وتحديد نظام عملها واختصاصاتها قرار من مجلس الوزراء بناءً على اقتراح الوزير بالتنسيق مع +السلطات املختصة. + +" +economy and business,مرسوم بقانون اتحادي رقم (42) لسنة 2023 في شأن مكافحة الغش التجاري,"املادة (15 ) + الئحةالجزاءات اإلدارية +تحدد املخالفات و الجزاءات اإلدارية عن األفعال التي تقع باملخالفة ألحكام هذا املرسوم بقانون و الئحته +التنفيذية و القرارات الصادرة تنفيذاً لهما، و الجهات التي تتولى فرض الجزاءات، وتحديد الجهة املختصة +بتحصيل الغرامات اإلدارية، وذلك بقرار من مجلس الوزراء بناءً على اقتراح الوزير وبالتنسيق مع السلطة +املختصة. + +العقوبات +" +economy and business,مرسوم بقانون اتحادي رقم (42) لسنة 2023 في شأن مكافحة الغش التجاري,"املادة (16 ) +مع عدم اإلخالل بأي عقوبة أشد ينص عليها أي قانون آخر، ي عاقب على الجرائم املبينة في هذا املرسوم بقانون +بالعقوبات املقررة فيه. + +" +economy and business,مرسوم بقانون اتحادي رقم (42) لسنة 2023 في شأن مكافحة الغش التجاري,"املادة (17 ) + يعاقب بالحبس مدة ال تزيد على (2 ) ( سنتين وبغرامة ال تقل عن5,000 ) خمسةآالف درهم، وال تزيد على +(1,000,000 )مليون درهم أو بإحدى هاتين العقوبتين كل من خالف أحكام املواد (4( )،5) ،(8 )،(11 ) من هذا +املرسوم بقانون. + +" +economy and business,مرسوم بقانون اتحا��ي رقم (42) لسنة 2023 في شأن مكافحة الغش التجاري,"املادة (18 ) +( تشدد عقوبة الجرائم املشار إليها في املادة17 ) من هذا املرسوم بقانون، لتكون الحبسو الغرامة التي ال تقل +عن (100,000 ) مائة ألف درهم، وال تزيد على (2,000,000) مليوني درهم أو بإحدى هاتين العقوبتين في الحاالت +اآلتية: 8 + مرسوم بقانون اتحادي لسنة 2023 فيشأن مكافحة الغش التجاري + 1. إذا اقترن فعل الغش أو الخداع أو التقليد في البضاعة – أو الشروع فيهما – باستعمال موازين أو مكاييل +أو مقاييس أو أختام أو ملصقات أو آالت فحص مزيفة أو مختلفة، أو باستعمال طرق ووسائل من شأنها +جعل عملية وزن املنتج أو كيله أو قياسه أو فحصه غير صحيحة. +2. إذا كانت البضائع املغشوشة أو الفاسدة أو املقلدة أو املواد املستعملة في غشها ضارة بصحة وسالمة +اإلنسان أو الحيوان. +3. إذا كانت البضائع املغشوشة أو الفاسدة أو املقلدة عقاقير طبية أو حاصالت زراعية أو منتجات غذائية +عضوية. + +املادة (19 ) +1. دون اإلخالل بأحكام املادتين( 17() و18) من هذا املرسوم بقانون وحقوق الغير حسن النية، على املحكمة +املختصة أن تقض ي بمصادرة أو إتالف البضائع املغشوشة أو الفاسدة أو املقلدة أو العقاقير الطبية أو +الحاصالت أو املنتجات واملواد واألدوات املستخدمة في ذلك، وينشر ملخص الحكم النهائي الصادر باإلدانة +في صحيفتين يوميتين محليتين إحداهما باللغة العربية أو أية وسيلة أخرى ت حددها املحكمة املختصة، +وذلك كله على نفقة املحكوم عليه. +2. للمحكمة أن تقض ي بإغالق املحل أو املكان الذيوقعت فيه الجريمة مدة ال تزيد على (6 ) .ستة أشهر + +املادة (20 ) + معاقبة املسؤول عن اإلدارة الفعلية للشخص االعتباري +1. يعاقب املسؤول عن اإلدارة الفعلية للشخص االعتباري املخالف بذات العقوبة املنصوص عليها في املادتين +(17) و(18) من هذا املرسوم بقانون إذا ثبت علمه بالجريمة ولم يتخذ اإلجراءات الالزمة بشأنها، أو كان +إخالله الجسيم بالواجبات التي تفرضها عليه تلك اإلدارة قد أسهم في وقوعها. +2. يكوناملسؤول عن اإلدارة الفعلية للشخص االعتباري مسؤوالً بالتضامن مع الشخص االعتباري عن +الوفاء بما يحكم عليه من غرامات إذا كانت الجريمة قد ارتكبت من أحد العاملين لدى الشخص االعتباري +و باسمه أو لصالحه. + + + + 9 + مرسوم بقانون اتحادي لسنة 2023 فيشأن مكافحة الغش التجاري + املادة (21 ) +العود +تضاعف العقوبة املقررة للجرائم املنصوص عليها في هذا املرسوم بقانون في حالة العود مع إغالق املحل أو +املكان الذي وقعت فيه الجريمة مدة ال تزيد على سنة، ويعتبر عائداً كل من ارتكب جريمة مماثلة خالل (5 ) +.خمس سنوات من تاريخ صدور الحكم النهائي السابق باإلدانة + +املادة (22 ) +الصلح +للوزارة أ و السلطة املختصة بحسب األحوال إجراء الصلح عن أي من األفعال التي تقع باملخالفة ألحكام هذا +املرسوم بقانون و الئحته التنفيذية و القرارات الصادرة تنفيذاً لهما بناءً على طلب املخالف، وذلك مقابل أداء +مبلغ ال يقل عن مثلي الحد األدنى للغرامة التي يلزم املخالف بها وفقاً لالئحة الجزاءات اإلدارية املنصوص عليها +في املادة (15 ) من هذا املرسوم بقانون، وت حدد الالئحة التنفيذية لهذا املرسوم بقانون اإلجراءات والضوابط +الالزمة للصلح. + +املادة (23 ) +التظلم من القرارات والطعن عليها +1. يجوز لكل ذي مصلحةا لتظلم خطياً إلى الوزير أو رئيس السلطة ام��ختصة بحسب األحوال من أي قرار +يصدر استناداً ألحكام هذا املرسوم بقانون أو الئحته التنفيذية أو القرارات الصادرة تنفيذاً لهما، وذلك +خالل (15 ) خمسة عشر يوم عمل من تاريخ إخطاره بالقرار أو اإلجراء املتظلم منه، على أن يكون مرفقاً به +كافة الوثائق واملستندات املؤيدة له، ويتم البت في هذا التظلم خالل (30 ) ثالثين يوم من تاريخ تقديمه، +ويكون القرار الصادر بشأنه نهائياً، ويعتبر عدم الرد خالل املدة املذكورة رفضاً للطلب. +2. ( يجوز للمتظلم الطعن في قرار رفض التظلم أمام املحكمة املختصة خالل 30 ) ثالثين يوم منتاريخ إخطاره +بهذا القرار أو فوات امليعاد للبت في التظلم دون إخطاره. +3. في جميع األحوال، ال يجوز الطعن أمام املحكمة املختصة إال بعد التظلم من القرار وصدور قرار رفض +التظلم أو فوات امليعاد املنصوص عليه في البند (2 .) من هذه املادة دون إخطار + + 10 + مرسوم بقانون اتحادي لسنة 2023 فيشأن مكافحة الغش التجاري + املادة (24 ) +اإللغاءات +1. يلغى القانون االتحادي رقم ( 19 ) لسنة2016 في شأن مكافحة الغش التجاري، كماي لغى كل حكم يخالف +أو يتعارض مع أحكام هذا امل رسوم بقانون. +2. ( يستمر العمل باللوائح والقرارات الصادرة استناداً ألحكام القانون االتحادي رقم 19 ) لسنة2016 املشار +إليه فيما ال يتعارض مع أحكام هذا املرسوم بقانون ، إلى حين صدور ما يحل محلها طبقاً ألحكام هذا +املرسوم بقانون. + +املادة (25 ) + إصدار الالئحة التنفيذية والقرارات املنظمة +يصدر مجلس الوزراء الالئحة التنفيذية لهذا امل رسوم بقانون والقرارات الالزمة لتنفيذ أحكامه خالل فترة (6 ) + ستة أشهر منتاريخ العمل به. + +املادة (26 ) +نشر امل رسوم ب قانون والعمل به +ي نشر هذا املرسوم بقانون في الجريدة الرسمية، وي عمل به بعد (2 )شهرين من تاريخ نشره. + + + + +محمدددددددددددددددددددددددددددددددددددددددد بدددددددددددددددددددددددددددددددددددددددن زايدددددددددددددددددددددددددددددددددددددددد آل نهيدددددددددددددددددددددددددددددددددددددددان +رئدددددددددددددديس دولددددددددددددددة اإلمددددددددددددددارات العربيددددددددددددددة املتحدددددددددددددددة + ________________________________ +صدر عنا في قصر الرئاسة في أبوظبي : +بتددددددددداريدددخ: 13 / ربيع األول / 144 5 هد +املوافق: 28 / سبتمبر / 202 3 م " +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (1) + في تطبيق أحكااام اااذا املرساااااااااااااوم بقااانون، يكون للكلمااات والعبااارات التاااليااة املعااان املبينااة قرين اال م ااا، مااا لم +يقض سياق النص بغير ذلك: +املواد املخدرة : ل مادة طبيعية أو تركيبية من املواد املدرجة في الجداول أرقام 1، 2، 3، 4 املرفقة ب ذا +املرسوم بقانون. +املؤثرات العقلية : ل مادة طبيعية أو تركيبية من املواد املدرجة في الجداول أرقام 5، 6، 7، 8 املرفقة ب ذا +املرسوم بقانون. +االستيراد : إدخاال املواد املخادرة أو املؤثرات العقلياة إإى إقليم الادولاة على خالك األحكاام املنظمة +الستيراداا املنصوص علي ا في اذا املرسوم بقانون. +التصدير : إخراج املواد املخدرة أو املؤثرات العقلية من إقليم الدولة على خالك األحكام املنظمة +لتصديراا املنصوص علي ا في اذا املرسوم بقانون. +الجلب : إدخال أو إحضار املواد املخدرة أو املؤثرات العقلية بالذات أو بواسطة الغير إإى داخل +إقليم الدولة بأي وسيلة انت، ويعد جالبًا ل من لم يرخص له باالستيراد وفقًا ألحكام +القانون. +النقل : نقااال املواد املخااادرة أو املؤثرات العقلياااة في داخااال إقليم الااادولاااة، من مكاااان إإى خر، أو +بطريق الترانزيت على خالك األحكام املنظمة لنقلها املنصاااااااااااااوص علي ا في اذا املرساااااااااااااوم +بقانون. +الترويج : نشر أو توزيع املواد املخدرة أو املؤثرات العقلية أو أي مواد أو نباتات من شأن ا إحداث +التخدير أو اإلضرار بالعقل على عدد من األشخاص دون تمييز. +اإلنتاج : فصل املواد املخدرة أو املؤثرات العقلية عن أصلها النبات . +الصنع : جميع العمليااااات اير اإلنتاااااجيااااة الل يتم الحصاااااااااااااول ب ااااا على مواد مخاااادرة أو مؤثرات +عقلية، وتشااااااااااااامل التنقية واالساااااااااااااتخراج واالساااااااااااااتخالص وتحويل املادة املخدرة إإى مادة +مخدرة أخرى، واملؤثرات العقلية إإى مؤثرات عقلية أخرى، وصااااااااانع مساااااااااتحضااااااااارات اير +الل تركب ا الصيدليات بناءً على وصفة طبية. +اإليداع : وضع املتعاط لدى إحدى وحدات العالج املتخصصة بتأايل املدمنين. +3 + مرسوم بقانون اتحادي في شأن مكافحة املواد املخدرة واملؤثرات العقلية + اإلخضاع : إلزام متعااااااط املواد املخااااادرة أو املؤثرات العقلياااااة بااااااتبااااااع قواعاااااد و جراءات الفحص +الدوري. +اإللزام بإحدى +برامج التأهيل : تنساايب املحكوم عليه أو الصااادر في شااأنه أمرًا جزائي ا ن ائي ا في إحدى جرائم التعاط أو +االساااااااااااااتعمااال الخاااااااااااااخ ااااااااااااان للمواد املخاادرة أو املؤثرات العقليااة في برنااام تااأايلي تحاادد +الوحدة زمان ومكان تنفيذه. +الجهة اإلدارية +املختصة : الجهة الل يصدر بتحديداا قرار من وزير الصحة ووقاية املجتمع. +الوحدة : الوحدة املتخصصة في عالج وتأايل املدمنين على املواد املخدرة واملؤثرات العقلية. +اللجنة املشرفة : اللجنة املشرفة على الوحدة. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (2) +ال تسااااااري أحكام اذا املرسااااااوم بقانون على أجزاء النباتات املبينة في القساااااام ال ال من الجدول رقم ( 4) املرفق +ب ذا املرسوم بقانون. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (3) + ينشأ بموجب اذا املرسوم بقانون مجلس يسمى (مجلس مكافحة املخدرات) يختص بوضع استراتيجية وطنية +شاملة ملكافحة املخدرات تلتزم ب ا افة الوزارات والهيئات االتحادية واملحلية ل في حدود اختصاصه، ويصدر +بتشكيله وتحديد رئاسته واختصاصاته قرارًا من مجلس الوزراء بناءً على اقتراح وزير الداخلية. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (4) + يكون التعديل في الجداول املرفقة ب ذا املرسوم بقانون وفقًا لآلت: +1. ( الجداول أرقام 1 ،2 ،4 ،5 ) ال يجوز التعديل في ا إال باإلضافة فقط، وتكون اإلضافة بقرار من وزير الصحة +ووقاية املجتمع بعد موافقة لجنة طبية يصدر بتشكيلها قرار منه، على أن تضم في عضويت ا مم ل عن ل +جهة من الجهات الصحية املحلية تختاره الجهة ومم ل عن وزارة الداخلية يختاره وزير الداخلية. +2. ( الجداول أرقام 3 ،6 ،7 ،8 ،9 ) ويكون تعديلها بالحذك أو اإلضافة أو تغيير النسب أو الكميات بقرار من +وزير الصحة ووقاية املجتمع بعد موافقة لجنة طبية يصدر بتشكيلها قرار منه على أن تضم في عضويت ا +4 + مرسوم بقانون اتحادي في شأن مكافحة املواد املخدرة واملؤثرات العقلية + مم ل عن ل جهة من الجهات الصحية املحلية تختاره الجهة ومم ل عن وزارة الداخلية يختاره وزير +الداخلية. +3. ( الجدول رقم 10 ) ويكون تعديله بتغيير النسب أو الكميات بقرار من مجلس الوزراء بناءً على اقتراح رئيس +مجلس مكافحة املخدرات املنصوص عليه في املادة 3 ) من اذا املرسوم بقانون، وال يجوز التعديل على +العقوبات الواردة فيه إال بموجب قانون أو مرسوم بقانون . + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (5) +تنشاااااااانا وزارة الصااااااااحة ووقاية املجتمع وحدات متخصااااااااصااااااااة لعالج وتأايل املدمنين على املواد املخدرة واملؤثرات +العقلية، ويصااااااااااااادر مجلس الوزراء، بناءً على عرو وزير الصاااااااااااااحة ووقاية املجتمع، الالئحة املنظمة لعمل اذه +الوحدات وللجهات الصحية املحلية إنشاء وحدات مماثلة وفقًا لقوانين إنشائ ا. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (6) + تعتبر جميع البيانات واملعلومات الخاصة بشؤون املدمنين واملتعاطيناملودعين في الوحدة من األسرار، ويحظر +في اير األحوال الل ينص علي ا القانون إفشائ ا أو إذاعت ا. +ويعاقب على مخالفة اذه املادة بالعقوبات املقررة لهذه الجريمة في قانون العقوبات االتحادي. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (7) +تنشأ مراكز متخصصة لتنفيذ عقوبة الحبس في جرائم التعاط واالستعمال الخخ ن للمواد املخدرة +واملؤثرات العقلية ويخضع املحكوم علي م في ا لبرام العالج والتأايل والتدريب الرياضن واملنه باإلضافة إإى +برام الدم األسري والوظيف واالجتماعي. +ويصدر مجلس الوزراء الالئحة التنظيمية لعمل اذه املراكز بناءً على اقتراح من وزير الداخلية بالتنسيق مع +الجهات ذات الصلة، ويعمل ب ا اعتبارًا من التاريخ الذي تحدده الالئحة التنظيمية. +وعلى الوزارات والهيئات توفير الخدمات والبرام املنصوص علي ا في الفقرة األوإى ل حسب اختصاصه. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (8) + لوزير العدل باالتفاق مع الوزير املختص منح صفة مأموري الضبطالقضائ لبعض موظف الوزارات والهيئات +والدوائر ذات الصلة بتنفيذ أحكام اذا املرسوم بقانون، ل في حدود اختصاصه. +5 + مرسوم بقانون اتحادي في شأن مكافحة املواد املخدرة واملؤثرات العقلية + ويكون لرؤساء الدوائر القضائية املحلية كالً في حدود اختصاصه منح صفة مأموري الضبط القضائ ملوظف +الجهات املحلية املعنية وفقًا للتشريعات السارية في اإل مارة. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (9) +.تتوإى وزارة الصحة ووقاية املجتمع التفتيش على الجهات املرخص لها بمقتضنى أحكام اذا املرسوم بقانون + +الباب الثاني +حظر التعامل في املواد املخدرة واملؤثرات العقلية والنباتات املنتجة لها +الفصل األول +املواد املخدرة واملؤثرات العقلية +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (10) +1. ( يحظر اساااااااتيراد أي مادة من املواد املخدرة أو املؤثرات العقلية املبينة في الجداول أرقام 1، 2، 4/ القسااااااام +األول، 5 ) املرفقة ب ذا املرسااااااااوم بقانون، أو تصااااااااديراا أو نقلها أو إنتاجها أو صاااااااانعها أو جلب ا أو حياز ا أو +إحرازاا وسائر أوجه النشاط والتصرفات األخرى املتعلقة ب ا. +2. يجوز إجراء االساااااااااااااتعماااااااالت الطبيااااااة املراقبااااااة واألبحاااااااث العلميااااااة على املواد املبينااااااة في الجااااااداول أرقااااااام +(1، 2، 4، 5 ) املرفقة ب ذا املرسااااااااوم بقانون، بمعرفة الجهات العلمية املتخصااااااااصااااااااة الل يصاااااااادر بتحديداا +قرار من وزير الصاحة ووقاية املجتمع بالتنسايق مع وزارة الداخلية، ووفقًا للشاروط واإلجراءات الل يصادر +ب ا قرار من مجلس الوزراء. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (11) +( يحظر اساااااااااااااتيراد أي ماادة من املواد املخاادرة أو املؤثرات العقليااة املبينااة في الجااداول أرقاام 3، 6، 7، 8 ) املرفقاة +ب ذا املرسااااااااوم بقانون، أو تصااااااااديراا أو نقلها أو إنتاجها أو صاااااااانعها أو جلب ا أو حياز ا أو إحرازاا وسااااااااائر أوجه +النشااط والتصارفات األخرى املتعلقة ب ا إال في األحوال املرخص ب ا وبالشاروط املنصاوص علي ا في اذا املرساوم +بقانون. + + + +6 + مرسوم بقانون اتحادي في شأن مكافحة املواد املخدرة واملؤثرات العقلية + " +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (12) + ال يجوز تعاط املواد املخدرة أو املؤثرات العقلية بأية صورة انت أو استعمالها شخصيًا إال للعالج، وبموجب +وصفة طبية من الطبيب املعالج تحرر وفقًا ألحكام املادة 40 .) من اذا املرسوم بقانون +ويسري اذا الحظر على أية مادة أو نبات من اير املواد املخدرة أو املؤثرات العقلية املنصوص علي ا في الجداول +املرفقة ب ذا املرسوم بقانون، يكون من شأن ا إحداث التخدير أو أي أثر خر ضار بالعقل ملى ان التعاط +بقصد إحداث التخدير أو اإلضرار بالعقل. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (13) + في جميع األحوال املرخص في ا بحيازة أو إحراز املواد املخدرة أو املؤثرات العقلية، ال يجوز أن تزيد نسب فروق +الوزن على النسب املنصوص علي ا في دساتير األدوية املقررة. + +الفصل الثاني +النباتات التي ينتج عنها مواد مخدرة أو مؤثرات عقلية +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (14) + في اير األحوال املرخص ب ا وفقًا ألحكام اذا املرسوم بقانون، يحظر زراعة وجلب واستيراد وتصدير وتملك +وحيازة و حراز النباتات املذ ورة في الجدول رقم 4 القسم ال ان أو أي نبات خر ينت عنه مواد مخدرة أو +مؤثرات عقلية، في جميع أطوار نمواا وكذلك بذوراا، كما تحظر سائر أوجه النشاط والتصرفات املتعلقة ب ا. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) ��سنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (15) +يجب على مالك األرو إبالغ السلطة العامة عما يزرع بتلك األرو من النباتات الواردة بالجدول رقم 4 القسم +ال ان بمجرد علمه بذلك. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (16) +يصدر وزير التغير املناخي والبيئة التراخيص الالزمة للجهات الحكومية واملعااد العلمية املعترك ب ا لزراعة أي +نبات من النباتات املمنوع زراعت ا وذلك لألاراو والبحوث العلمية، وبالشروط الل يضعها في اذا الشأن +وبالتنسيق مع وزير الداخلية، وله في سبيل ذلك أن يرخص لها باستيراد اذه النباتات، وفي اذه الحالة تطبق +أحكام الفصل األول من الباب ال ال من اذا املرسوم بقانون. +7 + مرسوم بقانون اتحادي في شأن مكافحة املواد املخدرة واملؤثرات العقلية + الباب الثالث +التراخيص +الفصل األول +ترخيص استيراد وتصدير ونقل املواد املخدرة واملؤثرات العقلية +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (17) +( مع عدم اإلخالل بأحكام املادة10 ) من اذا املرسوم بقانون، ال يجوزاستيراد أو تصدير أو نقل املواد املخدرة +واملؤثرات العقلية إال بموجب إذن كتاب من الجهة اإلدارية املختصة. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (18) +:ال يجوز منح اإلذن املشار إليه في املادة السابقة إال للجهات اآلتية +1. .الجهات الحكومية واملعااد املعترك ب ا +2. .املستشفيات واملستوصفات واملصحات الحكومية أو املرخص لها +3. .معامل التحاليل الكيماوية أو األبحاث الطبية والعلمية والصناعية املرخص لها +4. مخازن األدوية والصيدليات ومصانع املستحضرات الطبية املرخص لها بشرط أن تستخدم صيدلي ا +مسئوالً مرخصًا له بمزاولة املهنة. +5. مكاتب وسطاء ووكالء مصانع وشر ات األدوية واملستحضرات الطبية املرخص لهم بمزاولة اذه املهنة +بشرط أن يستخدموا صيدلي ا مسئوالً مرخصًا له بمزاولة املهنة. +ويصدر اإلذن باسم مدير الجهة أو املسئول ع ا بصفته بناءً على طلب موقع منه وذلك على النموذج +الذي تعده لهذا الغرو الجهة اإلدارية املختصة، ولهذه الجهة أن ترفض منح اإلذن أو خفض الكمية +املطلوبة. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (19) + ال يجوز أن يصدر اإلذن املنصوص عليه باملادة السابقة باسم مدير الجهة أو املسؤول ع ا بصفته ما لم يرد +إليه اعتباره إذا ان من الفئات اآلتية: +1. .املحكوم عليه بعقوبة مقيدة للحرية في جريمة مخلة بالشرك أو األمانة +2. (املحكوم عليه في إحدى الجرائم املنصوص علي ا اذا1 .) املرسوم بقانون +8 + مرسوم بقانون اتحادي في شأن مكافحة املواد املخدرة واملؤثرات العقلية + 3. املحكوم عليه في إحدى جرائم االعتداء على املال أو اسل األموال أو الجرائم الجنسية أو تزوير أو +استعمال محررات مزورة أو انتحال شخصية الغير أو الشهادة الزور وكذلك املحكوم عليه للشروع في +ارتكاب إحدى اذه الجرائم. +4. .من سبق فصله تأديبي ا ألسباب مخلة بالشرك أو األمانة ما لم تنقض ثالث سنوات من تاريخ الفصل +واستثناءً من نص الفقرة السابقة، يجوز منح اإلذن ألي من األشخاص املحكوم علي م في أي من +الجرائم املنصوص علي ا في الب��دين (1 و2( ) من املادة60 ) من اذا املرسوم بقانون ولو لم يرد إليه +اعتباره. +ويعتبر اإلذن ملغي ا إذا صدر حكم بات في إحدى الجرائم أو املخالفات التأديبية املشار إلي ا بالفقرة +األوإى من اذه املادة. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (20) +ال تُسلم املواد املخدرة أو املؤثرات العقلية الل تصل إإى الجمارك إال بموجب إذن سحب موقع من املدير +املسئول عن الجهة املرخص لها باالستيراد على النموذج الذي تعده لذلك الجهة اإلدارية املختصة. +وعلى إدارة الجمارك املختصة في حالة االستيراد أو التصدير االحتفاظ بإذن السحب أو إذن التصدير و رسال +نسخة منه بعد تسليم املواد إإى الجهة اإلدارية املختصة. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (21) + ال يجوز استيراد أي من املواد املخدرة أو املؤثرات العقلية أو تصديراا أو نقلها داخل طرود محتوية على مواد +أخرى ويجب إرسالها حلى ولو انت بصفة عينة داخل طرود مؤمن علي ا ويبين على االفها باإلضافة إإى اسم +املرسل إليه وعنوانه اسم املادة وكميت ا واسم املرسل وعنوانه امالً. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (22) + على الجهة اإلدارية املختصة أن تنشنا سجالً إلكتروني ا خاص ا تقيد به األذون الصادرة باستيراد أو تصدير املواد +املخدرة أو املؤثرات العقلية ويتضمن السجل على وجه الخصوص البيانات اآلتية: +1. .اسم املرخص له وصفته وتاريخ ميالده وجنسيته ومحل إقامته +2. .تاريخ اإلذن ورقمه +3. .أنواع املواد وكميا ا بالحروك واألرقام +9 + مرسوم بقانون اتحادي في شأن مكافحة املواد املخدرة واملؤثرات العقلية + 4. .املكان الذي تودع فيه املواد +5. .رقم القيد في السجل التجاري بالنسبة إإى الجهات الل يتعين قيداا في اذا السجل + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (23) +.يعتبر إذن االستيراد أو التصدير ملغي ا إذا لم يستعمل خالل ستين يومًا من تاريخ إصداره + +الفصل الثاني +ترخيص االتجار في املواد املخدرة واملؤثرات العقلية +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (24) +( مع عدم اإلخالل بأحكام املادة10 ) من اذا املرسوم بقانون، ال يجوز االتجار في املواد املخدرة أو املؤثرات +العقلية إال بعد الحصول على ترخيص بذلك من الجهة اإلدارية املختصة، وتطبق في اذا الشأن أحكام املواد +(18( )،19( )،20( )،21( )،22 .) من اذا املرسوم بقانون + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (25) +يجب أن يكون للجهة املرخص لها باالتجار في املواد املخدرة أو املؤثرات العقلية صيدإي مسئول عن اذه املواد. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (26) + إذا اير صاحب الترخيص محل نشاطه الصناعي أو التجاري أو ترك األعمال الل من أجلها منح الترخيص وجب +عليه أن يبلغ الجهة اإلدارية املختصة خالل خمسة عشر يومًا على األكثر من حدوث التغيير أو ترك العمل، +وعليه في حالة ترك العمل أن يعيد الترخيص إلي ا. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (27) + ال يجوز للجهات املرخص لها باالتجار في املواد املخدرة أو املؤثرات العقلية أن تبيع أو تسلم اذه املواد أو التنازل +ع ا بأية صفة انت إال لألشخاص املذ ورين تاليًا: +1. مديري مخازن األدوية والصيدليات ومصانع املستحضرات الطبيةاملرخص لها في اذا االتجار. +2. مديري صيدليات املستشفيات واملستودعات واملستوصفات واملصحات املرخص ب ا إذا انوا من +الصيادلة. +10 + مرسوم بقانون اتحادي في شأن مكافحة املواد املخدرة واملؤثرات العقلية + 3. أطباء املستشفيات واملستوصفات واملصحات املرخص ب ا الذين تحددام اذه الجهات إذا لم يكن ب ا +صيادلة. +4. .مديري معامل التحاليل الكيماوية أو األبحاث الطبية والعلمية والصناعية املرخص ب ا +5. .مم لي الجهات الحكومية واملعااد العلمية املعترك ب ا + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (28) + على مدير الجهة املرخص لها باالتجار في املواد املخدرة أو املؤثرات العقلية االلتزام بالسجل اإللكترون املعتمد +من الجهة اإلدارية املختصة لقيد ما يرد إلي ا وما يصرك م ا أوالً بأول وفي ذات اليوم. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (29) + على مدير الجهة املرخص لها باالتجار في املواد املخدرة أو املؤثرات العقلية أن يرسل إإى الجهة اإلدارية املختصة +في األسبوع األول من ل شهر كشفًا بالوارد واملصروك من املواد املذ ورة في الجداول املرفقة ب ذا املرسوم +بقانون، والباقي م ا حلى ن اية الشهر السابق. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (30) + يصدر وزير الصحة ووقاية املجتمع قرارًا يبين إجراءات وكيفية بيع املواد املخدرة أو املؤثرات العقلية وتسليمها +والتنازل ع ا وكذا البيانات الواجب إثبا ا في السجل والكشف املشار إلي ما في املادتين السابقتين. + +الفصل الثالث +ترخيص إنتاج املواد املخدرة أو املؤثرات العقلية وصنع املستحضرات الطبية املحتوية عليها +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (31) +( يحظر على اير الجهات املذ ورة في البنود 1 ،2 ،3 ،4( ) من املادة18 ) من اذا املرسوم بقانونإنتاج أو صنع +أية مادة من املواد الواردة في الجداول أرقام ( 3، 6، 7، 8.) + وال يجوز للجهات املذ ورة في البنود املشار إلي ا مباشرة أي نشاط من األنشطة املنصوص علي ا في الفقرة +السابقة إال بعد الحصول على ترخيص بذلك من الجهة اإلدارية املختصة، وتطبق في اذا الشأن أحكام املواد +(18( ) فقرة ثانية19( )،20( )،21( )،22 .) من اذا املرسوم بقانون + +11 + مرسوم بقانون اتحادي في شأن مكافحة املواد املخدرة واملؤثرات العقلية + " +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (32) + ال يجوز في مصانع املستحضرات الطبية أو الصيدليات صنع مستحضر تدخل في تركيبه مادة من املواد املخدرة +أو املؤثرات العقلية إال بعد الحصول على الترخيص املنصوص عليه في املادة 24) من اذا املرسوم بقانون +وبالشروط املشار إلي ا بتلك املادة. +وال يجوز لهذه الجهات استعمال اذه املواد إال في صنع املست��ضرات الل تنتجها، وعلي ا أن تتبع أحكام املادتين +(28( )،29 ) من اذا املرسوم بقانون فيما يتعلق بما يرد إلي ا من تلك املواد وأحكام ااتين املادتين واملادة 25 ) + من اذا املرسوم بقانون فيما يتعلق بما تنتجه من مستحضرات طبية تدخل في تركيب ا إحدى املواد املشار إلي ا +بأية نسبة انت. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (33) +ال يجوز للصيدليات ومصانع املستحضرات الطبية أن تجاوز النسب الواردة بالجدول رقم ( 9) املرفق ب ذا +املرسوم بقانون، وذلك مع مراعاة الشروط املنصوص علي ا في دساتير األدوية املقررة. + +الفصل الرابع +التعامل الطبي في املواد املخدرة واملؤثرات العقلية +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (34) + ال يجوز للصيدلية أن تصرك أي ا من املواد املخدرة أو املؤثرات العقلية إال بموجب وصفة طبية من طبيب معالج +مرخص له بمزاولة مهنة الطب البشري أو البيطري في الدولة ومستوفية للشروط املنصوص علي ا في القانون +االتحادي رقم ( 8 ) لسنة2019 .املشار إليه أو أي قانون خر يحل محله +ويحدد وزير الصحة ووقاية املجتمع بقرار منه املواد املخدرة أو املؤثرات العقلية الل تقيد الوصفة الطبية +الخاصة ب ا في السجل املنصوص عليه في املادة 36 .) من اذا املرسوم بقانون +ويحظر على الصيدلية صرك اذه املواد إذا زادت النسبة املدونة بالوصفة على النسب املبينة بالجدول رقم +(9) .املرفق ب ذا املرسوم بقانون +ومع ذلك إذا استلزمت حالة املريض زيادة تلك النسبة فعلى الطبيب املعالج أن يطلب من الجهة اإلدارية +املختصة ترخيصًا بالنسب الالزمة لهذا الغرو. + + +12 + مرسوم بقانون اتحادي في شأن مكافحة املواد املخدرة واملؤثرات العقلية + " +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (35) + يجوز للصيدلية صرك املواد املخدرة أو املؤثرات العقلية بموجب بطاقات ترخيص تصدر من الجهة اإلدارية +املختصة لألشخاص املذ ورين تاليًا: +1. األطباء املرخص لهم بمزاولة مهنة الطبالبشري أو البيطري. +2. .صيادلة املستشفيات واملستوصفات واملصحات +3. .أطباء املستشفيات واملستوصفات واملصحات الذين تحددام اذه الجهات إذا لم يكن ب ا صيادلة + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (36) +( مع عدم اإلخالل بأحكام املادة34 ) من اذا املرسوم بقانون، يلتزم مدير الصيدلية بالسجل اإللكتروناملعتمد +من الجهة اإلدارية املختصة لقيد ما يرد إلي ا من املواد املخدرة أو املؤثرات العقلية وما يصرك م ا أوالً بأول وفي +ذات اليوم. +ويحدد وزير الصحة ووقاية املجتمع بقرار منه البيانات الواجب إثبا ا في اذا السجل. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (37) +1. على مدير الصيدلية االحتفاظ بالوصفات الطبية املحتوية على املواد املخدرة واملؤثرات العقلية مبينًا +علي ا تاريخ الصرك ورقم قيداا بالسجل. +2. .يحظر تكرار صرك الوصفات الطبية للمواد املخدرة +3. تحدد بقرار من وزير الصحة ووقاية املجتمع املؤثرات العقلية الل يجوز تكرار صرفها بوصفة طبية واحدة +وعدد مرات التكرار لكل م ا. + +" +security and safety,مرسوم بقانون اتحا��ي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (38) + على مدير الصيدلية أن يرسل إإى الجهة اإلدارية املختصة خالل الخمسة عشر يومًا األوإى من شهري يناير +ويوليو من ل سنة كتابًا مسجالً يتضمن بيانًا تفصيلي ا موقعًا عليه منه بالوارد واملصروك واملتبق من املواد +املخدرة واملؤثرات العقلية حلى ن اية الستة أشهر السابقة. + + + +13 + مرسوم بقانون اتحادي في شأن مكافحة املواد املخدرة واملؤثرات العقلية + " +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (39) + يجب على مدير الصيدلية حفظ املواد املخدرة واملؤثرات العقلية داخل خزانة محكمة اإلاالق بالصيدلية +وتكون اذه املواد في عهدته. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (40) +ال يجوز إعطاء وصفة طبية ألية مادة من املواد املخدرة أو املؤثرات العقلية إال من قبل األطباء املرخص لهم +بمزاولة مهنة الطب البشري أو البيطري في الدولة واقتضنى ذلك العالج الطب بحسب تخصص الطبيب املعالج، +ومع مراعاة النسب املبينة في الجدول رقم ( 9) املرفق ب ذا املرسوم بقانون أو املقررة وفقًا لألصول العلمية +املعتمدة لدى وزارة الصحة ووقاية املجتمع، وطبقًا ملا تنص عليه املادة 34 .) من اذا املرسوم بقانون +يصدر وزير الصحة ووقاية املجتمع قرارًا بالضوابط الخاصة بالوصفات الطبية الصادرة من الخارج للمواد +املخدرة واملؤثرات العقلية الل يعتد ب ا و جراءات اصطحاب ا مع املسافرين عند الدخول إإى الدولة بالتنسيق +مع وزارة الداخلية والهيئة االتحادية املعنية بشؤون الجمارك في الدولة. + +الباب الرابع +العقوبات والتدابير واإلجراءات التحفظية +الفصل األول +العقوبات األصلية +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (41) +1. يعاقب بالحبس مدة ال تقل عن ثالثة أشهر أو بالغرامة الل ال تقل عن عشرين ألف درام وال تزيد على +مائة ألف درام ل من: +أ. تعاطى بأي وجه أو استعمل شخصي ا في اير األحوال املرخص ب ا أو تعاطى بجرعات أكثر مما او محدد +بالوصفة الطبية، أية مادة من املواد املخدرة واملؤثر ات العقلية املنصوص علي ا في الجداول أرقام ( 1 )، +(2( )،5( ) عدا البند29) من الجدول رقم ( 1.) +ب. تعاطى بأي وجه أو استعمل شخصي ا في اير األحوال املرخص ب ا نباتًا من النباتات الواردة في الجدول +رقم (4( )، عدا البند8 ) من القسم ال ان من الجدول رقم ( 4.) +14 + مرسوم بقانون اتحادي في شأن مكافحة املواد املخدرة واملؤثرات العقلية + 2. إذا ارتكب الجان أي من األفعال املنصوص علي ا بالبند السابق للمرة ال انية خالل مدة ال تجاوز ثالث +سنوات من تاريخ ارتكاب الفعل أول مرة، انت العقوبة الحبس مدة ال تقل عن ستة أشهر أو الغرامة الل +ال تقل عن ثالثين ألف درام وال تزيد على مائة ألف درام. +3. إذا ارتكب الجان أي مناألفعال املنصوص علي ا بالبند رقم ( 1 ) من اذه املادة للمرة ال ال ة أو أكثر، انت +العقوبة الحبس مدة ال تقل عن سنتين والغرامة الل ال تقل عن مائة ألف درام. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (42) +1. يُعاقب بالحبس مدة ال تقل عن ثالثة أشهر أو بالغرامة الل ال تقل عن عشرة الك درام وال تزيد على ��ائة +ألف درام ل من تعاطى بأي وجه أو استعمل شخصي ا في اير األحوال املرخص ب ا املواد املخدرة املنصوص +علي ا في البند (29) من الجدول رقم ( 1) أو أي ا من النباتات املنصوص علي ا بالبند 8 من القسم ال ان +من الجدول رقم ( 4.) +2. إذا ارتكب الجان أي من األفعال املنصوص علي ا بالبند السابق للمرة ال انية خالل مدة ال تجاوز ثالث +سنوات من تاريخ ارتكاب الفعل أول مرة، انت العقوبة الحبس مدة ال تقل عن ستة أشهر أو الغرامة الل +ال تقل عن عشرين ألف درام وال تزيد على مائة ألف درام. +3. إذا ارتكب الجان أي من األفعال املنصوص علي ا بالبند رقم ( 1 ) من اذه املادة للمرة ال ال ة أو أكثر، انت +العقوبة الحبس مدة ال تقل عن ستة أشهر أو الغرامة الل ال تقل عن خمسين ألف درام وال تزيد على +مائل ألف درام. + +املادة (42) مكرر +1. ( استثناءً مما ورد في املادة 57 ) من اذا املرسوم بقانون، يُعاقب بالغرامةالل ال تقل عن ( 5.000 ) خمسة + الك درام وال تجاوز ( 1.000.000 ) مليون درام ل من ضبط من اير مواطن الدولة أو املقيمين في ا +بصورة قانونية أثناء دخوله إإى الدولة من أي منفذ من املنافذ البرية أو البحرية أو الجوية حائزًا أو محرزًا +مادة مخدرة أو مؤثر عقلي بقصد التعاط أو االستعمال الخخ ن في اير األحوال الطبية املرخص ب ا +قانونًا. +2. ( يُصدر مجلس الوزراء بناءً على اقتراح رئيس مجلس مكافحة املخدرات املنصوص عليه في املادة 3 ) من اذا +املرسوم بقانون، قرارًا ينظم به مقدار الغرامة وفقًا لنوع ووزن املادة املخدرة أو املؤثر العقلي أو عدد مرات +15 + مرسوم بقانون اتحادي في شأن مكافحة املواد املخدرة واملؤثرات العقلية + الضبط، والحاالت الل يُحرم في ا الجان من دخول الدولة ومدة اذا الحرمان، ويُنشر اذا القرار في +الجريدة الرسمية. +3. وفي جميع األحوال تتم مصادرة و عدام املواد املضبوطة وفقًا للقواعد املنصوص علي ا في اذا املرسوم +بقانون . + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (43) +1. يعاقب بالحبس مدة التقل عن ثالثة أشهر أو بالغرامة الل ال تقل عن عشرين ألف درام وال تزيد على +مائة ألف درام ل من تعاطى بأي وجه أو استعمل شخصي ا في اير األحوال املرخص ب ا أو تعاطى بجرعات +أكثر مما او محدد بالوصفة الطبية، أية مادة من املواد املخدرة أو املؤثرات العقلية املنصوص علي ا في +الجداول أرقام ( 3( )،6( )،7( )،8.) +2. إذا ارتكب الجان أي من األفعال املنصوص علي ا بالبند السابق للمرة ال انية خالل مدة ال تجاوز ثالث +سنوات من تاريخ ارتكاب الفعل أول مرة، انت العقوبة الحبس مدة ال تقل عن ستة أشهر أو الغرامة الل +ال تقل عن ثالثين ألف در ام وال تزيد على مائة ألف درام. +3. ( إذا ارتكب الجان أي من اذه األفعال املنصوص علي ا بالبند رقم 1 ) من اذه املادة للمرة ال ال ة أو أكثر، + انت العقوبة الحبس مدة ال تقل عن سنة والغرامة الل ال تقل عن مائة ألف درام. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (44) +1. يعاقب بالحبس مدة ال تزيد على ستة أشهر أو الغرامة الل ال تقل عن عشرين ألف درام وال تزيد على +مائة ألف درام ل من تعاطى بأي وجه أو استعمل شخصي ا أو حاز أو أحرز بقصد التعاط أية مادة أو +نبات من اير املواد املخدرة أو املؤثرات العقلية املنصوص علي ا في الجداول املرفقة ب ذا املرسوم بقانون، +يكون من شأن ا إ��داث التخدير أو أي أثر خر ضار بالعقل ملى ان التعاط أو االستعمال الخخ ن +بقصد إحداث التخدير أو اإلضرار بالعقل. +2. فإذا ارتكب الجان الجريمة املنصوص علي ا في البند السابق للمرة ال انية خالل مدة ال تجاوز ثالث سنوات + انت العقوبة الحبس مدة ال تزيد على سنة أو الغرامة الل ال تقل عن ثالثين ألف درام وال تزيد على مائة +ألف درام. +3. ( إذا ارتكب الجان أي من األفعال املنصوص علي ا في البند رقم 1 ) من اذه املادة للمرة ال ال ة أو أكثر، انت +العقوبة الحبس مدة ال تقل عن سنة وال تزيد على سنتين والغرامة الل ال تقل عن مائل ألف درام. +16 + مرسوم بقانون اتحادي في شأن مكافحة املواد املخدرة واملؤثرات العقلية + " +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (45) +يجوز للمحكمة- في اير حالة العود- بدالً من الحكم بالعقوبات املنصوص علي ا باملواد ( 41( )،42( )،43( )،44 ) +( أن تستبدل العقوبة بإيداع املحكوم عليه في إحدى وحدات عالج وتأايل املدمنين املنصوص علي ا في املادة5 ) +من اذا املرسوم بقانون، بعد أخذ رأي اللجنة املشرفة علي ا، على أن تقدم اللجنة إإى املحكمة تقريرًا عن حالته +خالل ستة أشهر أو لما طلب م ا ذلك. +وال يجوز أن يودع بالوحدة من سبق األمر بإيداعه في ا تنفيذًا لحكم سابق أو لم يمض على خروجه م ا أكثر +من ثالث سنوات. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (46) + للمحكمة بعدأخذ رأي النيابة العامة أن تأمر بإخراج املحكوم عليه من الوحدة في الحالتين اآلتيتين: +1. .إذا تبين من التقرير أن حالته الصحية تسمح بذلك +2. .بناءً على طلبه بعد موافقة اللجنة املشرفة +وفي جميع األحوال ال يجوز أن تزيد مدة اإليداع للعالج أو التأايل على سنة. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (47) + إذا تبين عدم جدوى اإليداع أو خالف املودع الواجبات املفروضة عليه أو ارتكب أثناء إيداعه أي ا من الجرائم +املنصوص علي ا في اذا املرسوم بقانون رفعت اللجنة املشرفة األمر إإى النيابة العامة بتقرير مفصل عن حالة +املودع، وعلى النيابة عرو األوراق على املحكمة الل حكمت بإيداعه. +وللمحكمة في اذه الحالة أن تحكم بعد سماع أقوال النيابة العامة بالعقوبة املقررة قانونًا للجريمة الل أودع +الخاضع من أجلها، على أن تستنزل مدة اإليداع من مدة العقوبة املحكوم ب ا. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (48) + يعاقب بالسجن مدة ال تقل عن خمس سنوات والغرامة اللال تقل عن خمسين ألف درام ل من دعا أو +حرو شخصًا على ارتكاب أي من الجرائم املنصوص علي ا باملواد ( 41( )،42( )،43( )،44 ) أو سهل له ارتكاب ا +بأي وجه. +ويعتبر ظرفًا مشددًا وقوع جريمة الدعوة أو التحريض أو التسهيل في أماكن التجمعات العامة أو في دور التعليم +أو مرافقها الخدمية أو في مؤسسة ثقافية أو رياضية أو في دور العبادة أو املؤسسات العقابية أو أماكن الحجز +17 + مرسوم بقانون اتحادي في شأن مكافحة املواد املخدرة واملؤثرات العقلية + والحبس االحتياط أو وقوعها على أنثى أو طفل أو مريض مرضًا عقلي ا أو شخص في حالة سكر أو تخدير +ظاارين. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (49) + إذا ارتكب الجان أي ا من الجرائم املشار إلي افي املادة 48 ) من اذا املرسوم بقانون بقصد إلحاق الضرر بمن +ارتكب الجريمة قبله، وترتب على ذلك إلحاق إصابة أو مرو به، عوقب الجان بالسجن مدة ال تقل عن سبع +سنوات والغرامة الل ال تقل عن مائة ألف درام. +فإذا ترتب على اإلصابة أو املرو ضررًا جسيمًا، انت العقوبة السجن مدة ال تقل عن عشر سنوات والغرامة +الل ال تقل عن مائل ألف درام. +وتكون العقوبة السجن املؤبد أو اإلعدام إذا ترتب على الجريمة موت املجن عليه. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (50) + يعاقب بالسجن مدة ال تزيد عن خمس سنوات وبغرامة ال تقل عن عشرين ألف درام ل من دس أي ا من املواد +املخدرة أو املؤثرات العقلية املنصوص علي ا في أي من الجداول املرفقة ب ذا املرسوم بقانون في شراب أو طعام +للغير، أو جعله يتعاطااا بدون علم منه بحقيقت ا. +وتكون العقوبة السجن مدة ال تقل عن عشر سنوات إذا ارتكبت األفعال املنصوص علي ا في الفقرة األوإى من +اذه املادة بقصد ارتكاب جريمة على املجن عليه أو جعله مدمنًا على تلك املواد املخدرة أو املؤثرات العقلية، +فإذا تحققت تلك النتيجة عد ذلك ظرفًا مشددًا. +وتكون العقوبة السجن املؤبد أو اإلعدام إذا ترتب على األفعال املنصوص علي ا في الفقرة األوإى من اذه املادة +موت املجن عليه. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (51) +.يعاقب بالسجن مدة ال تقل عن عشر سنوات ل من أكره ايره على تعاط املواد املخدرة أو املؤثرات العقلية +وتكون العقوبة السجن املؤبد أو اإلعدام إذا ترتب على فعل اإلكراه موت املجن عليه. + + + +18 + مرسوم بقانون اتحادي في شأن مكافحة املواد املخدرة واملؤثرات العقلية + " +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (52) +يعاقب بالسجن ل من تعمد نقل املواد املخدرة أو املؤثرات العقلية املنصوص علي ا في الجداول املرفقة ب ذا +املرسوم بقانون إإى حيازة أو حرز الغير بدون علمه بحقيقت ا. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (53) + يعاقب بالسجن مدة ال تقل عن عشر سنوات والغرامة الل ال تقل عن مائة ألف درام ل من أدار أو أعد أو +ايأ مكانًا لتعاط أية مادة من املواد املخدرة أو املؤثرات العقلية املنصوص علي ا في الجداول أرقام ( 1، 2، 4، 5 )، +املرفقة ب ذا املرسوم بقانون. +ويعاقب بالسجن مدة ال تقل عن سبع سنوات وبالغرامة الل ال تقل عن مائة ألف درام ل من أدار أو أعد أو +ايأ مكانًا لتعاط أية مادة من املواد املخدرة أو املؤثرات العقلية املنصوص علي ا في الجداول أرقام ( 3، 6، 7، 8 ) + املرفقة ب ذا املرسوم بقانون أو أية مادة من املواد املخدرة أو املؤثرات العقلية الل يسري في شأن ا حكم الفقرة +ال انية من املادة 12 .) من اذا املرسوم بقانون +وتكون العقوبة السجن املؤبد والغرامة الل ال تقل عن مائة ألف درام في حالة العود إإى ارتكاب أي من الجرائم +املذ ورة. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (54) + يعاقب بالحبس مدة ال تقل عن ستة أشهر وال تزيد على سنة والغرامة الل ال تقل عن عشرة الك درام وال +تزيد على عشرين ألف درام ل من ضبط في أي مكان من األمكنة املشار إلي ا في املادة السابقة واو يعلم بأمراا. +ال يسري حكم اذه املادة على زوج أو أصول أو فروع من أدار أو أعد أو ايأ املكان. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (55) + يعاقب بالغرامة الل ال تقل عن خمسين ألف درام، ل من صنع أو استورد أو جلب أو باع أو حاز بقصد +التروي سلعًا أو مطبوعات تحمل صورًا أو رسومات أو كتابات أو أفكارًا تدعو أو تحض على ارتكاب أي من +جرائم املواد املخدرة أو املؤثرات العقلية املنصوص علي ا في اذا املرسوم بقانون. +ويعاقب بالغرامة الل ال تقل عن خمسة الك درام ل من ارتدى أي ملبس أو استعمل أي سلعة أو مطبوعة +مما ورد في الفقرة السابقة. +19 + مرسوم بقانون اتحادي في شأن مكافحة املواد املخدرة واملؤثرات العقلية + وفي حالة العود تكون العقوبة الحبس الذي ال تزيد مدته على سنتين، وفي جميع األحوال يتم مصادرة +املضبوطات. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (56) + في اير األحوال املرخص ب ا وفق أحكام اذا املرسوم بقانون، يعاقب بالسجن ل من حاز أو أحرز بقصد +االتجار أو التروي أي مادة أو نبات من املواد الل يسري في شأن ا حكم الفقرة ال انية من املادة 12 ) من اذا +املرسوم بقانون. +فإذا وقعت الجريمة ممن رخص له بحيازة أو إحراز املواد املشار إلي ا في الفقرة السابقة من اذه املادة وخالف +الغرو املرخص له به، عد ذلك ظرفًا مشددًا. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (57) +( يعاقب على مخالفة حكم البند1) من املادة 10( )، واملادة14 ) من اذا املرسوم بقانون بالعقوبات املنصوص +علي ا في الجدول رقم ( 10) .املرفق ب ذا املرسوم بقانون +وتكون العقوبة اإلعدام إذا ارتكبت الجريمة بقصد االتجار أو التروي أو ان الجان منتميًا لجماعة معادية أو +عصابة منظمة أو يعمل ملصلحت ا. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (58) +( يعاقب على مخالفة حكم املادة11 ) بالعقوبات املنصوص علي ا في الجدول رقم ( 10) املرفق ب ذا املرسوم +بقانون. +وتكون العقوبة اإلعدام أو السجن املؤبد إذا ارتكبت الجريمة بقصد االتجار أو التروي أو ان الجان منتميًا +لجماعة معادية أو عصابة منظمة أو يعمل ملصلحت ا. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (59) + ل من رخص له في حيازة و حراز مادة من املواد املذ ورة في الجداول املرفقة ب ذا املرسوم بقانون وخالف +الغرو املرخص له به، يعاقب بالسجن مدة ال تقل عن خمس سنوات والغرامة الل ال تقل عن مائة ألف +درام. +20 + مرسوم بقانون اتحادي في شأن مكافحة املواد املخدرة واملؤثرات العقلية + فإذا وقعت الجريمة بقصد االتجار أو الترو ي انت العقوبة السجن املؤبد والغرامة الل ال تقل عن مائة ألف +درام وال تزيد على مائل ألف درام وفي حالة العود تكون العقوبة اإلعدام. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (60) +:مع عدم اإلخالل بأية عقوبة أشد ينص علي ا اذا املرسوم بقانون أو أي قانون خر +1. يعاقب بالحبس مدة ال تزيد على سنة والغرامة الل ال تقل عن خمسين ألف درام وال تزيد على مائل +ألف درام أو بإحدى ااتين العقوبتين ل من خالف أي حكم من أحكام املواد ( 13( )،15( )،25 )، +(33( )،34( )،35( )،37 ) بند2( ،39( )،40.) فقرة أوإى +2. ويعاقب بالغرامة الل ال تقل عن خمسين ألف درام وال تزيد على مائل ألف درام ل من خالف أي +حكم من أحكام املواد (21( )،26( )،28( )،36( )،37 ) بند1( ،38( )،40.) فقرة ثانية +3. و ذا قصد الجان من مخالفة أي حكم من األحكام املشار إلي ا في البندين السابقين ارتكاب جريمة +أخرى من الجرائم املنصوص علي ا في اذا املرسوم بقانون أو إخفاءاا عوقب بعقوبة الجريمة األشد. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (61) + يعاقب بالسجن مدة ال تقل عن خمس سنوات وبالغرامة الل ال تقل عن مائة ألف درام ل من تعدى على +أحد املوظفين القائمين على تنفيذ اذا املرسوم بقانون أو قاومه أثناء تأدية وظيفته أو بسبب ا. +فإذا حصل مع التعدي أو املقاومة ضرب أو جرح انت العقوبة السجن مدة ال تقل عن سبع سنوات والغرامة +الل ال تقل عن مائل ألف درام. +وتكون العقوبة السجن املؤبد أو السجن الذي ال تقل مدته عن عشر سنوات والغرامة الل ال تقل عن مائة +ألف درام وال تزيد على مائل ألف درام إذا نشأ عن الضرب أو الجرح عااة مستديمة يستحيل برؤاا أو إذا + ان الجان وقت ارتكاب الجريمة يحمل سالحًا أو من رجال السلطة املكلفين باملحافظة على األمن. +و ذا أفضنى الضرب أو الجرح إإى املوت انت العقوبة اإلعدام. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (62) + يعاقب باإلعدام ل من قتل عمدًا أحد املوظفين العموميين القائمين على تنفيذ اذا املرسوم بقانون في أثناء +تأدية وظيفته أو بسبب ا. + +21 + مرسوم بقانون اتحادي في شأن مكافحة املواد املخدرة واملؤثرات العقلية + " +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (63) + يعاقب بالحبس مدة ال تقل عن سنتين وبالغرامة الل ال تقل عن مائة ألف درام ل من صدر بحقه إذن من +النيابة العامة بأخذ عينة الفحص الالزم إلثبات احتوائ ا على مواد مخدرة أو مؤثرات عقلية من عدمه وامتنع +دون مبرر عن إعطائه. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (64) + مع عدم اإلخالل بأي عقوبة أشد ينص علي ا أي قانون خر، يعاقب بالحبس أو الغرامة الل ال تقل عن خمسين +ألف درام ل من أودع أو حول أمواالً بنفسه أو بواسطة الغير أو قبل تحويلها إليه بقصد ارتكاب أي من جرائم +التعاط أو االستعمال الخخ ن للمواد املخدرة أو املؤثرات العقلية املنصوص علي ا في اذا املرسوم بقانون. +ويعاقب ل من خالف حكم 74 ) من اذا املرسوم بقانون بالحبس مدة ال تقل عن ستة أشهر أو الغرامة +الل ال تقل عن خمسين ألف درام. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (65) + يعاقب بالسجن والغرامة الل ال تقل عن مائة ألف درام ل من حاز أو أخفى أو أجرى أي عملية ألموال، ملى + انت اناك دالئل أو قرائن افية بأن ا قد تحصلت نتيجة ارتكاب أي من الجرائم املنصوص علي ا في اذا املرسوم +بقانون. + +" +security and safety,مرسوم بق��نون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (66) + يعاقب على الشروع في ارتكاب الجنح املنصوص علي ا في اذا املرسوم بقانون بنصف العقوبة املقررة للجريمة +التامة. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (67) + فيما عدا العقوبات املقررة لجرائم التعاط واالستعمال الخخ ن عند ارتكاب ا في املرتين األوإى وال انية +واملنصوص علي ا في املواد (41( )،42)، (43( )،44 )، وكذلك في الجرائم املعاقب علي ا بالغرامة فقط، أو تلك +املعاقب علي ا بالحبس أو الغرامة، ال يجوز النزول بالعقوبة الل يحكم ب ا تطبيقًا لهذا املرسوم بقانون. + + +22 + مرسوم بقانون اتحادي في شأن مكافحة املواد املخدرة واملؤثرات العقلية + " +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (68) +ال يخل توقيع العقوبات املبينة في اذا املرسوم بقانون بما يترتب ألصحاب الشأن من الحق في الدية أو التعويض +طبقًا ألحكام القانون. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (69) +( يعفى من العقوبات املقررة للجرائم املبينة في املواد 53( )،57( )،58 ) ل من بادر من الجناة إإى إبالغ السلطات +القضائية أو اإلدارية بما يعلمه ع ا قبل البدء في ارتكاب الجريمة. +ويجوز للمحكمة اإلعفاء من العقوبة إذا حصل االبالغ بعد ارتكاب الجريمة وقبل البدء في التحقيق، كما يجوز +للمحكمة تخفيف العقوبة إذا سهل الجان للسلطات املختصة في أثناء التحقيق أو املحاكمة القبض على أحد +مرتكب الجريمة. + +الفصل الثاني +العقوبات التبعية والتكميلية +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (70) + يحكم بمصادرةاملواد املخدرة واملؤثرات العقلية والنباتات الل تنت مواد مخدرة أو مؤثرات عقلية الل تكون +محالً لجريمة من الجرائم املعاقب علي ا بموجب اذا املرسوم بقانون. +كما يحكم بمصادرة األجهزة واألدوات واآلالت واألشياء واألموال واملواد املضبوطة ووسائل النقل الل تكون قد +استخدمت في ارتكاب الجريمة، وذلك دون اإلخالل بحقوق الغير حسن النية. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (71) + يحكم بإاالق ل مكان أعد لتعاط املواد املخدرة أو املؤثرات العقلية أو ملباشرة أي نشاط متعلق ب ا في اير +األحوال املرخص ب ا وفقًا ألحكام اذا املرسوم بقانون، ويكون الحكم باإلاالق جوازي ا فيما عدا ذلك. +وفي جميع األحوال للنيابة العامة أن تصدر قرارًا بفتح املكان إذا أعد لغرو مشروع. +ويجوز للمحكمة أن تأمر بنشر ملخص الحكم بالوسيلة املناسبة وعلى نفقة املحكوم عليه. + + + +23 + مرسوم بقانون اتحادي في شأن مكافحة املواد املخدرة واملؤثرات العقلية + " +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (72) + يترتب على الحكم في جريمة تعاط املواد املخدرة أو املؤثرات العقلية أكثر من مرة عدم الترخيص للمحكوم عليه +بقيادة املركبات اآللية أو إلغاء الترخيص في حالة صدوره. +وينته اذا األثر بمضن سنة من تاريخ انت اء تنفيذ العقوبة املحكوم ب ا. + +" +security and safety,مرسوم بقانون اتح��دي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (73) + من حكم عليه بالسجن املؤبد أو املؤقت في إحدى الجرائم املنصوص علي ا في اذا املرسوم بقانون يوضع تحت +مراقبة الشرطة بعد انقضاء مدة عقوبته وفقًا للقواعد الل يحدداا وزير الداخلية مدة مساوية ملدة العقوبة +على أال تزيد على خمس سنوات. +ومع ذلك يجوز للمحكمة في حكمها أن تخفف مدة املراقبة أو أن تأمر بإعفاء املحكوم عليه م ا أو أن تخفف +قيوداا. +ويعاقب املحكوم عليه الذي يخالف شروط املراقبة بالحبس مدة ال تزيد على سنة وبغر امة ال تزيد على خمسة + الك درام أو بإحدى ااتين العقوبتين. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (74) + ل من أدين بأي من الجرائم املعاقب علي ا وفق أحكام اذا املرسوم بقانون يمنع من تحويل أو إيداع أية أموال +للغير بذاته أو بواسطة الغير، إال بناءً على إذن يصدر من مصرك اإلمارات املركزي بالتنسيق مع وزارة الداخلية +ويستمر اذا املنع ملدة سنتين بعد انت اء تنفيذ العقوبة. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (75) +1. تقضن املحكمة بإبعاد األجنب الذي حكم بإدانته في إحدى الجرائم املنصوص علي ا في اذا املرسوم بقانون. +2. يكون الحكم بإبعاد األجنب جوازي ا في حالة إدانته في إحدى جرائم التعاط أو االستعمال الخخ ن أو +الحيازة أو اإلحراز بقصد التعاط . +3. للنيابة العامة وملصلحة تقدراا أن تأمر بإبعاد األجنب ممن لم تقضن املحكمة بإبعاده في حالة إدانته في +إحدى الجرائم املنصوص علي ا في البند (2 ) من اذه املادة، وذلك خالل (3 ) ثالثة شهور من يوم صدور +الحكم البات. +24 + مرسوم بقانون اتحادي في شأن مكافحة املواد املخدرة واملؤثرات العقلية + الفصل الثالث +التدابير واإلجراءات التحفظية +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (76) + ل من سبق الحكم عليه أكثر من مرة في إحدى الجرائم املنصوص علي ا في اذا املرسوم بقانون يجوز للمحكمة +أن تحكم عليه باإلضافة إإى العقوبة املقررة بأحد التدابير اآلتية: +1. .تحديد اإلقامة في مكان معين +2. .منع اإلقامة في مكان معين +3. .االلتزام باإلقامة في املوطن +4. .حظر ارتياد أماكن أو محال معينة +5. .الحرمان من ممارسة مهنة أو حرفة معينة +6. . اإللزام بإحدى برام التأايل عند الحكم باإلدانة في إحدى جرائم التعاط أو االستعمال الخخ ن + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (77) +.ال يجوز أن تقل مدة التدبير املحكوم به عن سنة وال تزيد على خمس سنوات +ويعاقب بالحبس مدة ال تقل عن ثالثة أشهر وال تزيد على سنة ل من خالف أحكام أي من التدابير املنصوص +علي ا باملادة السابقة. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (78) + للنائب العام أن يأمر بإلزام الصادر بحقه أمرًاجزائي ا في إحدى جرائم التعاط أو االستعمال الخخ ن بالتدبير +املنصوص عليه في البند (6( ) من املادة76 .) من اذا املرسوم بقانون + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (79) + يخضع املحكوم عليه أو املودع بأمر من املحكمة في جريمة تعاط املواد املخدرة أو املؤثرات العقلية أو جريمة +االمتناع عن إعطاء عينة الفحص دون مبرر، للفحص الدوري أثناء تنفيذ العقوبة أو خالل فترة اإليداع، +ويستمر الخضوع للفحص الدوري ملدة ال تزيد على سنتين بعد تنفيذ العقوبة أو انت اء فترة اإليداع. +25 + مرسوم بقانون اتحادي في شأن مكافحة املواد املخدرة واملؤثرات العقلية + ويسري التدبير املنصوص عليه بالفقرة السابقة على املتعاط الصادر بحقه أمرًا جزائي ا أو الذي لم تقم بحقه +الدعوى الجزائية أو املحال إإى الوحدة بأمر من النائب العام ملدة سنتين من تاريخ األمر الجزائ أو الخروج من +الوحدة. +ويجوز للنائب العام إخضاع املحكوم عليه في إحدى الجرائم املعاقب علي ا في املادتين ( 57( )،58 ) من اذا +املرسوم بقانون للفحص الدوري عقب انت اء تنفيذ العقوبة ملدة ال تجاوز سنة، إذا دعت الضرورة إإى ذلك بناءً +على تقرير جهة التحري أو رئيس النيابة املختصة. +ويصدر وزير الداخلية قرارًا بتحديد قواعد و جراءات الفحص الدوري وضوابط املنع من السفر وقواعد +املراقبة الشرطية اإللكترونية خالل فترة الفحص والفئات املستثناة م ا. +ويعاقب بالحبس مدة ال تقل عن سنة ل من خالف قواعد و جراءات الفحص الدوري الصادر ب ا قرار من +وزير الداخلية. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (80) + يقوم مأمورو الضبط القضائ املختصون بقلع أي نبات ممنوع زراعته بمقتضنى أحكام اذا املرسوم بقانون +وجمع أوراقها وجذوراا وأجزائ ا على نفقة مرتكب الجريمة، وذلك تحت إشراك أحد أعضاء النيابة العامة الذي +يحرر محضرًا بما تم من إجراءات. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (81) + تُعدم املواد املخدرة واملؤثرات العقلية املحكوم بمصادر ا من قبل لجنة تشكل بقرار من النائب العام برئاسة +أحد أعضاء النيابة العامة، على أن يحرر محضرًا بما تم من إجراءات يعتمده رئيس اللجنة. +ويجوز للنائب العام أن يأذن بتسليم تلك املواد املقرر مصادر ا إإى أية جهة حكومية لالنتفاع ب ا في األاراو +العلمية أو الطبية أو ايراا. +وللمحكمة املختصة أثناء نظر الدعوى وبناءً على طلب من النيابة العامة أن تقرر إعدام املواد املخدرة واملؤثرات +العقلية محل الجريمة أو اإلذن بتسليمها إإى أية جهة حكومية لالنتفاع ب ا في األاراو العلمية أو الطبية أو +ايراا، على أن يحتفظ بعينة مناسبة من ل م ا إإى أن يصدر حكم بات في الدعوى. + + + +26 + مرسوم بقانون اتحادي في شأن مكافحة املواد املخدرة واملؤثرات العقلية + " +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (82) + يحدد النائب العام بقرار يصدرمنه باالتفاق مع النواب العموم في السلطة القضائية املحلية القواعد +واإلجراءات املتعلقة بما يلي: +1. حفظ و عدام النباتات واملواد املخدرة واملؤثرات العقلية والتصرك في ا بالتنسيق مع وزارة الصحة +ووقاية املجتمع ووزارة التغير املناخي والبيئة. +2. التحفظ على ما يضبط من مواد مخدرة أو مؤثرات عقلية تكون محالً لجريمة من الجرائم املعاقب +علي ا بموجب اذا املرسوم بقانون. +ويصدر النواب العموم القرارات الالزمة لتنفيذ أحكام اذه املادة. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 ��ي شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (83) + للنائب العام أو من يفوضه إذا قامت دالئل افية على قيام إحدىالجرائم املنصوص علي ا في اذا املرسوم +بقانون بقصد االتجار أو التروي ، أن يأمر مؤقتًا بمنع املت م من السفر أو بتجميد أمواله أو أموال زوجه أو +أوالده القصر املتحصلة من الجريمة ومنعه من التصرك في ا أو إدار ا إإى حين االنت اء من التحقيق. +ال يتم تنفيذ قرارات تجميد األموال واملنع من التصرك لدى املنشآت املالية إال عن طريق املصرك املركزي. +وللمحكمة أن تأمر بتجميد األموال أو باملنع من التصرك أو اإلدارة أو السفر لحين االنت اء من املحاكمة. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (84) + ملن صدر ضده قرارًا بالتجميد أو باملنع من التصرك أو اإلدارة أو السفروفقًا للمادة السابقة أن يتظلم منه +أمام املحكمة املختصة، فإذا رفض تظلمه فال يجوز التقدم يتظلم جديد إال بعد انقضاء ثالثة أشهر من تاريخ +رفض التظلم ما لم يطرأ سبب جدي قبل انقضاء تلك املدة. +ويكون التظلم بتقرير لدى املحكمة املختصة، وعلى رئيس املحكمة أن يحدد جلسة لنظره يعلن ب ا املتظلم و ل +ذي شأن، وعلى النيابة العامة أن تقدم مذكرة برأي ا في التظلم وتفصل املحكمة في التظلم خالل مدة ال تجاوز +أربعة عشر يومًا من تاريخ التقرير به، وتصدر املحكمة قراراا بإلغاء القرار الصادر من النائب العام أو تعديله +أو رفض التظلم. + + + +27 + مرسوم بقانون اتحادي في شأن مكافحة املواد املخدرة واملؤثرات العقلية + " +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (85) + ملأموري الضبط القضائ من رجال الشرطة الحق في استعمال القوة أو السالح من أجل تنفيذ أحكام اذا +املرسوم بقانون بشرط أن يكون ذلك الزمًا ومتناسبًا مع ارو االستعمال. + +الباب الخامس +أحكام خاصة وختامية +الفصل األول +االختصاص +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (86) + استثناءً من أحكاماملادة 142) من قانون اإلجراءات الجزائية، تختص املحكمة الل تم القبض على املتعاط +ضمن نطاقها املكان بالنظر في جرائم التعاط أو االستعمال الخخ ن املنصوص علي ا في اذا املرسوم بقانون. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (87) + اإلذن القضائ الصادر من النيابة العامة في إحدى الجرائم املنصوص علي ا في اذا املرسوم بقانون يكون نافذًا +في جميع إمارات الدولة، ملى ان ارتكاب ا بقصد االتجار أو التروي و ان الجان منتميًا لجماعة معادية أو +عصابة منظمة أو يعمل ملصلحت ا أو ان الجان أو الجناة قد ارتكبوا الجريمة في أكثر من إمارة من إمارات +الدولة أو امتدت إلي ا ثاراا. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (88) + تختص املحاكم االتحادية الكائنة بمقر عاصمة االتحاد دون ايراا بالفصل في الجرائم املنصوص علي ا في اذا +املرسوم بقانون ملى ان ارتكاب ا بقصد االتجار أو التروي باإلضافة إإى الجرائم املرتبطة ب ا ارتباطًا ال يقبل +التجزئة، وذلك في أي من الحالتين اآلتيتين: +1. إذا ان الجان منتميًا لجماعة معادية أو عصابة منظمة أو يعمل ��لصلحت ا. +2. إذا ان الجان أو الجناة قد ارتكبوا الجريمة في أكثر من إمارة من إمارات الدولة أو امتدت إلي ا ثاراا. + +28 + مرسوم بقانون اتحادي في شأن مكافحة املواد املخدرة واملؤثرات العقلية + الفصل الثاني +أحكام خاصة بمتعاطي املواد املخدرة أو املؤثرات العقلية +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (89) + ال تقام الدعوى الجزائية على متعاط املواد املخدرة أو املؤثرات العقلية أو املواد الل يسري في شأن ا حكم +الفقرة ال انية من املادة 12 ) من اذا املرسوم بقانون إذا تقدم املتعاط من تلقاء نفسه أو زوجه أو أحد أقاربه +حلى الدرجة ال انية أو ممن يتوإى تربيته إإى الوحدة أو النيابة العامة أو الشرطة قبل ضبطه أو قبل صدور أمر +بالقبض عليه طالبين إيداعه للعالج لدى الوحدة، فيودع لدي ا إإى أن تقرر الوحدة إخراجه. +في األحوال الل يكون في ا اإليداع بناءً على طلب اير املتعاط ، يتعين على الجهة املودعة أخذ موافقة النيابة +العامة عند إيداع املتعاط أو إخراجه من الوحدة، وتأمر النيابة العامة بإيداعه ملى ثبت تعاطيه للمواد +املخدرة أو املؤثرات العقلية، وفي جميع األحوال ال يجوز أن تزيد مدة العالج والتأايل على سنة. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (90) + ال يسري حكم املادة السابقة على ل من ان محرزًا ملخدر أو مؤثر عقلي لم يسلمه إإى الوحدة أو النيابة العامة +أو الشرطة عند تقدمه لطلب العالج أو رفض اإليداع الصادر به أمرًا من النيابة العامة، وعلى النيابة العامة +اتخاذ شؤون ا بشأن إقامة الدعوى الجزائية. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (91) + تخطر الوحدة النيابة العامة في حالة عدمالتزام املودع بخطة العالج أو التأايل أو خالف الضوابط املتبعة +بالوحدة. +وتحرر اللجنة املشرفة بالوحدة تقريرًا توضح به أوجه املخالفات املرتكبة ويعرو على النيابة العامة املختصة +التخاذ شؤون ا. +وفي اذه الحالة تحكم املحكمة بحبسه مدة ال تقل عن سنة وتستنزل مدة اإليداع من املدة املحكوم ب ا. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (92) + للنائب العام أن يحيل إإى الوحدة من يرى إيداعه من مرتكب جرائم التعاط أو االستعمال الخخ ن +املنصوص علي ا باملواد (41( )،42( )،43( )،44 )، من اذا املرسوم بقانون، أو في الجرائم األخرى الل يكون له +29 + مرسوم بقانون اتحادي في شأن مكافحة املواد املخدرة واملؤثرات العقلية + في ا إصدار أمر جزائ طبقً ا ألحكام اذا املرسوم بقانون، وذلك بناءً على تقرير جهة الضبط أو رئيس النيابة +املختص، وال تقام الدعوى الجزائية على من يجتاز برنام العالج. +وفي جميع األحوال ال يجوز أن تزيد مدة العالج والتأايل على سنة. +في تطبيق اذه املادة تسري األحكام والضوابط املنصوص علي ا في املادة 90 .) من اذا املرسوم بقانون + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (93) +( ال تُعتبر جرائم التعاط أو االستعمال الخخ ن املنصوص علي ا في املواد 41( )،42( )،43( )،44 )، سابقة +قضائية تقتضن رد االعتبار عند ارتكاب ا ألول مرة من املواطنين، وال يجوز الحكم بإيقاك تنفيذ العقوبة في ا +عند ارتكاب ا للمرة ال ال ة فأكثر. + +الفصل الثالث +أحكام ختامية +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (94) + تُطبق قواعد الوضع تحت املراقبة اإللكترونية على الجرائم املنصوص علي ا في اذا املرسوم بقانون، وذلك وفق +الضوابط واإلجراءات الل يصدر بتحديداا قرار من مجلس الوزراء بناءً على اقتراح رئيس مجلس مكافحة +املخدرات املنصوص عليه في املادة 3 ) من اذا املرسوم بقانون، وذلك فيما عدا الجرائم املعاقب علي ا باإلعدام +أو السجن املؤبد أو الجرائم الل أوجب القانون الحكم في ا بتدبير اإلبعاد. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (95) +1. ال يعتد بدرجة نقاء املواد املخدرة أو املؤثرات العقلية محلالجريمة في تحديد وزن ا ملى ثبت وجوداا وفق +تقرير األدلة الجنائية، وتعتبر املكونات والشوائب املخلوطة ب ا جزءًا ال يتجزأ من وزن ا اإلجماإي. +2. في األحوال الل تتخذ في ا املادة املخدرة شكالً صيدالني ا، يتعين االعتماد على نسبة وزن املادة املخدرة داخل +الشكل الصيدإي وال ابتة على عبوة الشركة املصنعة واملعتمدة داخل الدولة. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (96) + ال يعد جلبًا أو استيرادًا أو نقالً أو حيازةً أو إحرازًا معاقب عليه، ما يوجد مع القادم من الخارج من األطعمة أو +املشروبات أو أية منتجات يدخل في تركيب ا املواد املخدرة أو املؤثرات العقلية الواردة في البند رقم ( 29 ) +30 + مرسوم بقانون اتحادي في شأن مكافحة املواد املخدرة واملؤثرات العقلية + من الجدول رقم ( 1) ( والبند رقم8 ) من القسم الان من الجدول رقم ( 4) ( والبند34) من الجدول رقم +(5) ( والبند رقم4) من الجدول رقم ( 6) املرفقة ب ذا املرسوم بقانون، بقصد التعاط أو االستعمال الخخ ن +عند ضبطه ألول مرة لدى منافذ الدخول املعتمدة للدولة. +وفي جميع األحوال يحرر محضر إداري إلثبات ضبط تلك املنتجات وتتوإى الجهات املختصة حجزاا إداري ا +واتخاذ التدابير الالزمة للحيلولة دون تسرب ا داخل الدولة، على أن يتم إعدامها وفقًا للقواعد املنصوص علي ا +في اذا املرسوم بقانون. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (97) + مع عدم اإلخالل بحقوق الدفاع، للمحكمة عند نظر إحدى الجرائم املنصوص علي ا في اذااملرسوم بقانون أن +تستند في حكمها إإى ما أدإى به الشهود في تحقيقات النيابة العامة، ملى اطمأنت إإى اذه الشهادة، وذلك دون +حاجة الستدعاء الشااد أو الشهود لسماع شهاد م أمامها مرة أخرى. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (98) + تتوإى وزارة الصحة ووقاية املجتمع ووزارة الداخلية من خالل نظامإلكترون ، تتبع ورصد عمليات إنتاج وتصنيع +واستيراد وتصدير ونقل وتخزين وتوريد وتوزيع واالتجار أو التعامل بأي صورة انت في املواد املخدرة واملؤثرات +العقلية املنصوص علي ا في الجداول املرفقة ب ذا املرسوم بقانون أو أي مادة أخرى يكون من شأن ا إحداث +التخدير أو أي أثر خر ضار بالعقل. +ويجوز أن تكون املستندات والنماذج واألذون والكتب املنصوص علي ا في اذا املرسوم بقانون إلكترونية وفقًا +للتشريعات املعمول ب ا في الدولة، وطبقًا لألنظمة اإللكترونية الل تضعها الجهات الحكومية املعنية بتطبيق +أحكام اذا املرسوم بقانون. + +" +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة (99) +يلغى القانون االتحادي رقم ( 14 ) لسنة1995 .املشار إليه +ويستمر العمل باللوائح والقرارات الصادرة تنفيذًا له إإى حين التعديل علي ا أو إلغائ ا، وذلك إإى املدى الذي ال +تتعارو مع أحكام اذا املرسوم بقانون. + + +31 + مرسوم بقانون اتحادي في شأن مكافحة املواد املخدرة واملؤثرات العقلية + " +security and safety,مرسوم بقانون اتحادي رقم (30) لسنة 2021 في شأن مكافحة المواد المخدرة والمؤثرات العقلية,"املادة ( 100) + ينشر اذا املرسوم بقانون في الجريدةالرسمية، ويعمل به اعتبارًا من 02 يناير2022 . وعلى الوزراء والسلطات +املختصة في اإلمارات ل فيما يخصه تنفيذ اذا املرسوم بقانون. + + + + + + خليفة بن زايد آل نهيان + رئيس دولة اإلمارات العربية املتحدة + ____________________________ +:صدر عنا في قصر الرئاسة في أبو ظبي +بتاريخ: 9/ /صفر 1443هـ +املوافق: 16/ /سبتمبر 2021م " +family and community,قرار وزاري رقم (368) لسنة 2014 في شأن اللائحة التنفيذية للقانون الاتحادي رقم (1) لسنة 2012 في شأن الأطفال مجهولي النسب,"املادة (1) + في تطبيق أحكام هذه الالئحة يقصد بالكلمات والعبارات التالية املعاني املوضحة قرين كل منها ما لم يقض +سياق النص بغير ذلك: + +الدولة : اإلمارات العربية املتحدة. +الوزارة : وزارة تنمية املجتمع +الوزير : وزير تنمية املجتمع +القانون : القانون االتحادي رقم ( 1 ) لسنة2012 .في شأن رعاية األطفال مجهولي النسب 2 + ( قرار وزاري رقم 368 ) لسنة2014 في شأن الالئحة التنفيذية للقانون االتحادي رقم ( 1 ) لسنة2012 في شأن األطفال مجهولي النسب + + + الجهة املعنية : الجهة االتحادية املناط بها تطبيق أحكام القانون. +الجهة املختصة : الجهة املحلية املناط بها تطبيق أحكام القانون. +الدار : دار رعاية مجهولي النسب. +اإلدارة : اإلدارة املختصة بالوزارة املناط بها تطبيق أحكام القانون. +اللجنة : لجنة األسر الحاضنة. +مجهول النسب : الطفل الذي يعثر عليه في الدولة لوالدين مجهولين. +األسرة الحاضنة : األسرة التي يعهد إليها بحضانة طفل مجهول النسب. +الحضانة : احتضان مجهول النسب وتربيته ورعايته وتقوم بها الدار أو األسرة الحاضنة. +املحضون : مجهول النسب الذي تقوم الدار أو األسرة الحاضنة بحضانته. +الحاضن : الشخص الذي يتولى احتضان الطفل مجهول النسب. +املركز الصحي : املنشأة الطبية التي تقدم الخدمات الصحية والعالجية. +الباحث االجتماعي +املختص : الشخص الذي تعينه الجهة املعنية أو املختصة ملتابعة شؤون املحضون. + +" +family and community,قرار وزاري رقم (368) لسنة 2014 في شأن اللائحة التنفيذية للقانون الاتحادي رقم (1) لسنة 2012 في شأن الأطفال مجهولي النسب,"املادة (2) + تهدف هذه الالئحة إلى التطبيق السليم واملالئم ألحكام القانون وفقًا ملايلي : +1. تحديد إجراءات حماية حقوق مجهولي النسب والطرق والوسائل املناسبة لتنفيذها. +2. تنظيم مسؤوليات الجهات املعنية واملختصة املطبقة للقانون فيما يخص اإلجراءات الواجب اتباعها عند +العثور على الطفل، وتحرير املحاضر، وأوامر اإلحالة، واإلخطارات، وت��مين نقل الطفل، وإجراء +الفحوصات، وإيواء الطفل، وإنشاء السجالت، واستخراج األوراق الثبوتية ملجهول النسب. +3. وضع أسس ونظام عمل اللجان وتشكيلها وتحديد اختصاصاتها. +4. تنظيم عمل دور مجهولي النسب واختصاصاتها وأهدافها وشروط القبول فيها. +5. تعيين الضوابط واملعايير الخاصة باحتضان مجهول النسب واالشتراطات الواجب توافرها في األسرة +الحاضنة. +6. .تحديد قواعد وأحكام متابعة املحضون بدور رعاية مجهولي النسب واألسر الحاضنة + + 3 + ( قرار وزاري رقم 368 ) لسنة2014 في شأن الالئحة التنفيذية للقانون االتحادي رقم ( 1 ) لسنة2012 في شأن األطفال مجهولي النسب + + + الفصل الثاني +إجراءات ومسؤوليات األشخاص والجهات +" +family and community,قرار وزاري رقم (368) لسنة 2014 في شأن اللائحة التنفيذية للقانون الاتحادي رقم (1) لسنة 2012 في شأن الأطفال مجهولي النسب,"املادة (3) +1. اإلجراءات الواجب اتباعها عند العثور على طفل مجهول النسب +1. مسؤولية الشخص الذييعثر على طفل مجهول النسب +أ. على الشخص إبالغ أقرب مركز شرطة أو تسليمه خالل مدة ال تتجاوز 24 ساعة، مع املالبس التي كانت +عليه، وجميع األشياء األخرى التي وجدها معه، أو بالقرب منه، وعليه تحديد الساعة والتاريخ واملكان +الذي عثر فيه على الطفل. +ب. إذا تبين أن الطفل في حالة يخش ى منها على حياته وسالمته وجب على الشخص الذي عثر عليه إعالم +مركز الشرطة بالحالة فورًا، واالستفسار بما يجب عليه القيام به. +2. مسؤولية مركز الشرطة +أ. يقوم مسؤول مركز الشرطة باستالم الطفل بموجب نموذج االستالم املعتمد. +ب. إرسال الطفل إلى أقرب مركز صحي بموجب نموذج التسليم املعتمد. +ج. إخطار النيابة بالواقعة وإحالة امللف إليها فور االنتهاء من جميع االستدالالت. +د. إحالة التقرير الطبي واملستندات وجميع املتعلقات الخاصة بالطفل إلى النيابة العامة. +3. مسؤولية املركز الصحي +أ. يتولى املركز الصحي استالم الطفل وفتح ملف صحي له باسم الوزارة متضمنًا رقم البالغ. +ب. توقيع الكشف الطبي على الطفل وإجراء التحاليل والفحوصات الطبية الالزمة وتقدير سنه واتخاذ ما +يلزم بشأن املحافظة على حياة الطفل وسالمته. +ج. إعداد تقرير طبي عن الحالة الصحية للطفل وإرسال التقرير إلى مركز الشرطة املحول منه الطفل، +ويستمر الطفل في املركز لحين اإلحالة إلى الدار . +4. مسؤولية النيابة +أ. تقوم النيابة العامة بإحالة الطفل واملتعلقات الخاصة به مع امللف إلى الدار بالتنسيق مع الوزارة +ووزارة الداخلية. +ب. استصدار شهادة اإلشهار لألسرة الحاضنة من املحكمة حال ثبوت أن الطفل مجهول النسب. +5. مسؤولية الدار +أ. تقوم الدار عند استالمها الطفل بتحديد الباحث االجتماعي املختص بالطفل. +ب. اختيار اسم رباعي للطفل، ويراعى في اختياره ما يلي: 4 + ( قرار وزاري رقم 368 ) لسنة2014 في شأن الالئحة التنفيذية للقانون االتحادي رقم ( 1 ) لسنة2012 في شأن األطفال مجهولي النسب + + + 1. عدم اإلشارة بأي شكل إلى كون الطفل مجهول النسب. +2. أن يتناسب االسم مع األسماء اإلسالمية والبيئة اإلماراتية. +3. خلو االسم من أي مدلول يتداخل مع أسماء العائالت املعروفة أو القبائل املعتمدة. +4. خلو االسم من ألـ التعريف واأللقاب. +5. أن ال يكون االسم منطويًا على تحقير أو إهانة لكرامته. +ت. إخطار الوزارة باالسم العتماده. +ث. اتخاذ اإلجراءات املناسبة لتسجيل الطفل في األوراق الرسمية وفق القوانين واألنظمة املعمول بها في +الد��لة. +" +family and community,قرار وزاري رقم (368) لسنة 2014 في شأن اللائحة التنفيذية للقانون الاتحادي رقم (1) لسنة 2012 في شأن الأطفال مجهولي النسب,"املادة (4) +1. تشرف الوزارة على دور رعاية مجهولي النسب في الدولة من كافة النواحي اإلجرائية والتنظيمية وعلى وجه +الخصوص ما يلي: +أ. التأكد من استيفاء موظفي الدور للمؤهالت العلمية املطابقة للمتطلبات الوظيفية. +ب. التأكد من التزام املوظفين بالتطبيق السليم لألعمال املوكلة إليهم وفقًا ألحكام القانون والالئحة +والقرارات املنظمة. +ج. توفير الدور لجميع الخدمات املعيشية الالزمة ملجهولي النسب بما يتالءم ومعايير الجودة. +د. التزام الدور باإلجراءات الخاصة بقبول مجهولي النسب. +ه. التنظيم الداخلي للدور من حيث الهيكل التنظيمي. +و. برامج الرعاية االجتماعية والنفسية والتعليمية والصحية . +ز. أية أمور أخرى مستجدة تراها الوزارة بحسب األحوال. +2. تنسق الوزارة مع وزارة الداخلية عن طريق لجنة مشتركة فيما يخص الجوانب التالية: +أ. بشأن متابعة استخراج األوراق الرسمية ملجهولي النسب. +ب. األمن والسالمة ومطابقتها للمعايير املطلوبة. +ج. أية أمور أخرى مستجدة بحسب األحوال. + + + 5 + ( قرار وزاري رقم 368 ) لسنة2014 في شأن الالئحة التنفيذية للقانون االتحادي رقم ( 1 ) لسنة2012 في شأن األطفال مجهولي النسب + + + الفصل الثالث +إنشاء الدور واختصاصاتها واشتراطات القبول بها +" +family and community,قرار وزاري رقم (368) لسنة 2014 في شأن اللائحة التنفيذية للقانون الاتحادي رقم (1) لسنة 2012 في شأن الأطفال مجهولي النسب,"املادة (5) + للوزارة إنشاء دور بالتعاون مع الجهات املعنية واملختصة وفقًا الستراتيجية الوزارة تتولى رعاية مجهولي النسب +والعناية بهم وتقديم الرعاية الشاملة لهم، بالتنسيق مع وزارة الداخلية وفقًا للتالي: +1. توفير الخدمات املعيشية الالزمة من الغذاء وامللبس واملسكن. +2. توفير الرعاية االجتماعية والصحية والنفسية لهم بما يتناسب ومراحل أعمارهم املختلفة. +3. غرس القيم النبيلة وترسيخ املبادئ واألخالق اإلسالمية فيهم. +4. توفير فرصتعليم متكافئة في مراحل التعليم املختلفة في جميع املؤسسات التعليمية النظامية أو +املتخصصة. +5. تعزيز الهوية الوطنية وبناء االنتماء إلى الدولة. +6. تنمية قدراتهم اإلبداعية والفنية والفكرية واستثمارها في صقل شخصيتهم. +7. دمجهم مع غيرهم من األطفال في املراكز واألندية الرياضية والثقافية وتوفير األنشطة املناسبة لهم . +8. .أية مهام أو خدمات أخرى تراها الوزارة بحسب األحوال + +" +family and community,قرار وزاري رقم (368) لسنة 2014 في شأن اللائحة التنفيذية للقانون الاتحادي رقم (1) لسنة 2012 في شأن الأطفال مجهولي النسب,"املادة (6) +يشترط عند إنشاء الدور مراعاة التالي: +1. املوقع الجغرافي املناسب. +2. استقاللية املبنى. +3. مطابقة املبنى للمعايير واملواصفات املعتمدة في الدولة. +4. أية اشتراطاتأخرى تراها الوزارة بحسب األحوال. + + + + + + + 6 + ( قرار وزاري رقم 368 ) لسنة2014 في شأن الالئحة التنفيذية للقانون االتحادي رقم ( 1 ) لسنة2012 في شأن األطفال مجهولي النسب + + + " +family and community,قرار وزاري رقم (368) لسنة 2014 في شأن اللائحة التنفيذية للقانون الاتحادي رقم (1) لسنة 2012 في شأن الأطفال مجهولي النسب,"املادة (7) +1. يجب عند إنشاء دور رعاية مجهولي النسب أن تتضمن األقسام التالية: +أ. اإلدارة. +ب. قسم االستقبال والتسجيل. +ج. قسم الرعاية االجتما��ية والنفسية. +د. قسم الرعاية البديلة. +ه. قسم األسر الحاضنة. +و. قسم الرعاية الالحقة. +2. يراعى عندالعمل بها أن تتضمن الوحدات التالية : +أ. قسم الخدمات املساندة. +ب. العيادة. +ج. السكرتارية. +ويجوز استحداث وحدات أو أقسام أخرى بموافقة الوزير. + +" +family and community,قرار وزاري رقم (368) لسنة 2014 في شأن اللائحة التنفيذية للقانون الاتحادي رقم (1) لسنة 2012 في شأن الأطفال مجهولي النسب,"املادة (8) +املهام واالختصاصات +أ. اإلدارة +تقوم اإلدارة باملهام التالية: +1. وضع خطط العمل واإلشراف على سير العمل في الدار. +2. توزيعاملهام على العاملين التابعين للدار . +3. مراجعة نسب اإلنجاز وتقييم أداء العاملين في الدار. +4. إعداد امليزانية الخاصة بالدار ورفعها للوزارة. +5. تنسيق العمل بين مختلف الوحدات التنظيمية. +6. إعداد التقارير واإلحصاءات ورفعها للوزارة. +7. تمثيل الدار في اللقاءات واالجتماعات. +ب. قسم االستقبال والتسجيل : +يقوم قسم االستقبال والتسجيل باملهام التالية : +1. استالم اإلخطارات الواردة من الشرطة أو النيابة العامة. 7 + ( قرار وزاري رقم 368 ) لسنة2014 في شأن الالئحة التنفيذية للقانون االتحادي رقم ( 1 ) لسنة2012 في شأن األطفال مجهولي النسب + + + 2. استقبال الحاالت املحولة للدار واملتعلقات الخاصة بهم. +3. فتح ملفات للحاالت الجديدة وتضمينها املستندات والثبوتيات، وتزويد الوحدات واألقسامبنسخ منها . +4. إلحاق الحاالت الجديدة بقسم الرعاية البديلة لحين إدماجهم بأسر حاضنة. +ت. قسم الرعاية االجتماعية والنفسية : +يقوم قسم الرعاية االجتماعية والنفسية باملهام التالية : +1. إجراء البحث االجتماعي والنفس ي لجميع الحاالت ورفع التقارير إلى جهات االختصاص. +2. تشخيص وتقويمالحالة االجتماعية والنفسية ملجهولي النسب، وتقديم الخدمات اإلرشادية والنفسية +الالزمة لهم. +3. إعداد وتنفيذ البرامج العالجية والوقائية ملجهولي النسب. +4. تنفيذ األنشطة والفعاليات وبرامج التوعية. +5. رصد الظواهر واملشكالت االجتماعية املرتبطة بطبيعة العمل، وإجراء الدراسات والبحوث الخاصة بشأنها. +6. املشاركة في تقنين وتكييف االختبارات واملقاييس النفسية وتطوير األدوات االجتماعية املستخدمة. +7. ( مساعدة مجهول النسب الذي تجاوز من العمر 18 ) عامًا والراغب في االستقالل بحياته عن الدار. +ث. قسم الرعاية البديلة : +يقوم قسم الرعاية البديلة باملهام التالية: +1. اإلشراف على بيوت اإليواء في الدار ووضع البرامج والخطط لها. +2. توزيع الحاالت على البيوت اإليوائية وفق الضوابط اآلتية: +أ. بيت الفتيات والرضع: ويضم الفتيات من سن يوم وحتى ""18 "" سنة، باإلضافة إلى األطفال الذكور من +سن يوم حتى سن ""8 "" سنوات، ويمكن بقاء الفتاةفي الدار رغم تجاوز سنها 18 سنة ولم تتزوج. +ب. بيت الفتيان: ويضم حاالت الذكور من سن "" 9 "" "" سنوات وحتى18"" سنة. +ج. بيت الشباب: ويضم حاالت ""الفتيان الذكور فوق سن "" 18"" سنة. +ج. قسم األسر الحاضنة : +يقوم قسم األسر الحاضنة باملهام التالية : +1. استقبال طلبات األسر الراغبة فياالحتضان واستيفاء البيانات والثبوتيات الخاصة بهم وتحويلها لإلدارة . +2. بحث أوضاع األسر املرشحة لالحتضان وفق الضوابط واملعايير. +3. متابعة املحضون خالل فترة تواجده باألسرة الحاضنة والعمل على حل املشكالت التي تواجهه وفق القواعد +واألسس املنظمة. 8 + ( قرار وزاري رقم 368 ) لسنة2014 في شأن الالئحة التنفيذية للقانون االتحادي رقم ( 1 ) لسنة2012 في شأن األطفال مجهولي النسب + + + 4. توعية األسر وتأهيلهاوإرشادها إلى السبل الصحيحة في كيفية التعامل مع األطفال، بالتنسيق مع قسم +الرعاية االجتماعية والنفسية. +ح. قسم الرعاية الالحقة : +يقوم قسم الرعاية الالحقة باملهام التالية: +1. متابعة مجهول النسب ممن تجاوز عمره 18 سنة واستقل بحياته خارج الدار للتكيف مع وضعه الجديد، +وتقديم الدعم واملشورة له لتمكينه من حل مشكالته والتغلب على مصاعبه. +2. بناء شراكات مع الجهات ذات العالقة بمجهولي النسب. +خ. قسم الخدمات املساندة: +يقوم قسم الخدمات املساندة باملهام التالية: +1. توفير التجهيزات اإلدارية واملواد الالزمة للدار. +2. توفير املستلزمات املعيشية للحاالت املقيمة بالدار . +3. توفير خدمات األمن والرقابة واملواصالت وخدمات النظافة والصيانة. +د. العيادة +تقوم العيادة باملهام التالية: +1. فتح ملفات طبية للحاالت املسجلة بالدار. +2. الفحص الدوري ملجهولي النسب املقيمين في الدار. +3. عالج املرض ى من مجهولي النسب أو تحويلهمللفحص والعالج الخارجي عند الحاجة . +4. اإلشراف الصحي على مرافق الدار. +5. اإلشراف على الوجبات الغذائية وكمياتها ومطابقتها للمواصفات. +6. رفع التقارير الصحية عن الحاالت الطارئة إلى مدير الدار. +ذ. السكرتارية +تقوم السكرتارية باملهام التالية: +1. فتح سجالت الصادر والواردومتابعة تغذيتها وإعداد املراسالت وتصديرها . +2. فرز البريد اليومي وعرضه على املدير، وتوزيعه على الوحدات واألقسام املختصة، وحفظ نسخ عنها. +3. التعامل مع االتصاالت الهاتفية. +4. .تنظيم االجتماعات، واستقبال الزوار وتنظيم مواعيدهم + 9 + ( قرار وزاري رقم 368 ) لسنة2014 في شأن الالئحة التنفيذية للقانون االتحادي رقم ( 1 ) لسنة2012 في شأن األطفال مجهولي النسب + + + " +family and community,قرار وزاري رقم (368) لسنة 2014 في شأن اللائحة التنفيذية للقانون الاتحادي رقم (1) لسنة 2012 في شأن الأطفال مجهولي النسب,"املادة (9) +شروط قبول الطفل مجهول النسب +يراعى عند قبول الطفل مجهول النسب في الدار توافر الشروط التالية: +1. أن يكون الطفل مجهول األب واألم. +2. أن يكون الطفل محاالً من النيابة. +3. أن يكون مولودًا على أرض الدولة. +4. .أن يكون خاليًا من األمراض املعدية +الفصل الرابع +تنظيم رعاية مجهول النسب +" +family and community,قرار وزاري رقم (368) لسنة 2014 في شأن اللائحة التنفيذية للقانون الاتحادي رقم (1) لسنة 2012 في شأن الأطفال مجهولي النسب,"املادة (10) + تعملالوزارة بالتنسيق مع وزارة الداخلية على تأمين أسر حاضنة ملجهولي النسب ممن تتوافر فيها الشروط +املنصوص عليها في القانون، ويكون التنسيق عن طريق لجنة األسر الحاضنة وفقًا ملا تنص عليه الشروط +الواردة بالقانون والالئحة التنفيذية وبالتعاون مع الجهات املعنية واملختصة. + +" +family and community,قرار وزاري رقم (368) لسنة 2014 في شأن اللائحة التنفيذية للقانون الاتحادي رقم (1) لسنة 2012 في شأن الأطفال مجهولي النسب,"املادة (11) + األسرة التي ترغب في حضانة طفل مجهول النسب أن تتقدم بطلب إلى الوزارة وفق النموذج املعد مرفقًا به +املستندات اآلتية: +1. صورة من بطاقة الهوية. +2. صورة من خالصة القيد. +3. صورة من جواز السفر للزوج والزوجة. +4. صورة من وثيقة الزواج أو إثبات الزواج واستمراريته. +5. شهادة راتب من جهة عمل الزوج أو الزوجة- إن كانت تعمل- أو إقرار بدخل األسرة موقع عليه من قبل +الزوج. +6. شهاد�� حسن السيرة والسلوك للزوج والزوجة. +7. صورة من املؤهل العلمي للزوج والزوجة. +8. ملكية املنزل أو صورة عن عقد اإليجار. +9. شهادة خلو من األمراض املعدية للزوج والزوجة. +10. صورة شخصية للزوج والزوجة. 10 + ( قرار وزاري رقم 368 ) لسنة2014 في شأن الالئحة التنفيذية للقانون االتحادي رقم ( 1 ) لسنة2012 في شأن األطفال مجهولي النسب + + + ويصدر الوزير أو من يفوضه بناء على توصية اللجنة قرارًا بتسليم الطفل إلى األسرة الحاضنة بصفة مؤقتة، +وملدة تجريبية مدتها ستة أشهر، ويجوز تمديدها لستة أشهر أخرى بناء على تقارير املتابعة الدورية، فإذا تبين +أهلية األسرة لحضانة الطفل يصدر الوزير قرارًا نهائيًّا بحضانة األسرة للطفل. + +" +family and community,قرار وزاري رقم (368) لسنة 2014 في شأن اللائحة التنفيذية للقانون الاتحادي رقم (1) لسنة 2012 في شأن الأطفال مجهولي النسب,"املادة (12) + تتشكل لجنة األسر الحاضنة في كل إمارة بقرار من الوزير وبالتنسيق مع الجهات املختصة ويراعى فيها تمثيل +الجهات التالية: +1. وزارةتنمية املجتمع . +2. وزارة الداخلية. +3. وزارة الصحة ووقاية املجتمع أو الجهة املعنيةبالخدمات الصحية في اإلمارة . +4. النيابة العامة الواقعة في دائرة االختصاص. +5. الجهة املختصة في اإلمارة. +6. .)ممثل عن دار رعاية مجهولي النسب في اإلمارة (إن وجدت +" +family and community,قرار وزاري رقم (368) لسنة 2014 في شأن اللائحة التنفيذية للقانون الاتحادي رقم (1) لسنة 2012 في شأن الأطفال مجهولي النسب,"املادة (13) +تراعي اللجنة عند اختيارها األسر الحاضنة املعايير التالية: +1. إجادة األسرة للغة العربية. +2. التوافقالثقافي واالجتماعي بين الزوجين . +3. منزل األسرة الحاضنة. +4. عمر الزوجين وفارق العمر بينهما. +5. استقرار الحياة األسرية. +6. إملام األسرة بثقافة التنشئة االجتماعية. +وللجنة إضافة أية معايير أخرى تراها مناسبة تحقق الهدف. + + + + + + 11 + ( قرار وزاري رقم 368 ) لسنة2014 في شأن الالئحة التنفيذية للقانون االتحادي رقم ( 1 ) لسنة2012 في شأن األطفال مجهولي النسب + + + " +family and community,قرار وزاري رقم (368) لسنة 2014 في شأن اللائحة التنفيذية للقانون الاتحادي رقم (1) لسنة 2012 في شأن الأطفال مجهولي النسب,"املادة (14) + تنش ئ اللجنة سجل بكل إمارة بالتنسيقمع وزارة الداخلية ترصد فيه كافة املعلومات املتعلقة بمجهولي النسب +ويتضمن ما يلي: +1. االسم الكامل- تاريخ امليالد املقدر- الجنس- الديانة. +2. اليوم الذي عثر فيه عليه متضمنًا التاريخ والوقت، واملكان الذي عثر فيه عليه. +3. الشخص الذي عثر عليه وهاتفه وعنوانه وجنسيته. +4. وصفاملالبس واألشياء التي كانت مع الطفل، والعالمات الفارقة وصورة شخصية للطفل . +5. اسم مركز الشرطة الذي استلم الطفل، ورقم البالغ، ورقم القضية. +6. املركز الصحي الذي قام بالكشف الطبي عليه، ورقم امللف. +7. الجهة التي أودعته الدار التي تم تحويل الطفل إليها والدار املتابعة له، وبيانات األسرة الحاضنة. +8. أية بيانات أخرى يكون في إضافتها مصلحة للطفل. +وتعتبر السجالت الخاصة بمجهولي النسب ومن في حكمهم من البيانات السرية التي ال يجوز االطالع عليها أو +الحصول على صور من قيودها باستثناء املحاكم املختصة والجهات الرسمية. + +الفصل الخامس +ضوابط متابعة املحضون +" +family and community,قرار وزاري رقم (368) لسنة 2014 في شأن اللائحة التنفيذية للقانون الاتحادي رقم (1) لسنة 2012 في شأن الأطفال مجهولي النسب,"املادة (15) +1. أن تتم ال��يارات امليدانية للمحضون في منزل األسرة الحاضنة أو املؤسسة التعليمية أو مؤسسات ومراكز +التدريب، بما ال يقل عن ( 6 ) زيارات سنويًّا ملن هم دون 4 (سنوات، و4 .) زيارات ملن هم أكبر سنًّا +2. .إعالم األسرة مسبقًا بموعد الزيارة +3. احترام حرمة املساكن. +4. .تضمين اتفاقية االحتضان نظام املتابعة + + + + + + 12 + ( قرار وزاري رقم 368 ) لسنة2014 في شأن الالئحة التنفيذية للقانون االتحادي رقم ( 1 ) لسنة2012 في شأن األطفال مجهولي النسب + + + " +family and community,قرار وزاري رقم (368) لسنة 2014 في شأن اللائحة التنفيذية للقانون الاتحادي رقم (1) لسنة 2012 في شأن الأطفال مجهولي النسب,"املادة (16) +( مع مراعاة الضوابط الواردة في املادة 15 ) من هذه الالئحة: +1. على الباحث االجتماعي املختص القيام بالزيارات امليدانية للمحضون بهدف االطمئنان على أوضاعه +باألسرة، ومدى توفير احتياجاته املعيشية والتعليمية والصحية وتقديم تقرير عن نتائج املتابعة ورفعه إلى +اللجنة. +2. على األسرة الحاضنة القيام بواجباتها لتسهيل مهمة الباحث وتزويده باملعلومات الالزمة، وإتاحة الفرصة +له لاللتقاء باملحضون واالطمئنان على أوضاعه. + +" +family and community,قرار وزاري رقم (368) لسنة 2014 في شأن اللائحة التنفيذية للقانون الاتحادي رقم (1) لسنة 2012 في شأن الأطفال مجهولي النسب,"املادة (17) + إذا ثبت من واقع تقارير املتابعةالدورية أن األسرة الحاضنة بحاجة إلى مساعدة أيًّا كانت للقيام بواجباتها تجاه +املحضون، تتخذ الوزارة القرار املناسب لبذل املساعدة الالزمة بالتنسيق مع الجهات املعنية، وذلك طوال مدة +رعاية األسرة الحاضنة للمحضون. + +الفصل السادس +نظام عمل اللجنة +" +family and community,قرار وزاري رقم (368) لسنة 2014 في شأن اللائحة التنفيذية للقانون الاتحادي رقم (1) لسنة 2012 في شأن الأطفال مجهولي النسب,"املادة (18) +1. أنيكون للجنة رئيسًا ونائبًا للرئيس ومقررًا . +2. يتولى الرئيس رئاسة اجتماعات اللجنة واعتماد جدول أعمالها وتمثيلها أمام الجهات ذات العالقة. +3. إذا تغيب رئيس اللجنة تولى نائب الرئيس مهامه. +4. تكون للجنة سكرتارية تتولى طباعة محاضر االجتماعات واملراسالت وتوجيه الدعوة لألعضاء وإخطارهم +بجدول األعمال وأرشفة الوثائق واملراسالت. +5. مقرر اللجنة هو املسؤول عن متابعة وتنفيذ قرارات وتوصيات اللجنة ويقوم بعمله تحت إشراف رئيس +اللجنة وبمساعدة السكرتارية، ومن مهامه التحضير الفني واإلداري النعقاد جلسات اللجنة وإعداد جدول +األعمال وإعداد التقر ير الدوري عن اللجنة، تهيئة الوثائق والبحوث والدراسات املتعلقة باملوضوعات +املدرجة في جدول األعمال. +6. تجتمع اللجنة بناء على دعوة من رئيسها مرة كل شهر على األقل وكلما دعت الحاجة لذلك، ويرفق بالدعوة +جدول أعمال االجتماع واملذكرات والتقارير واألوراق املتعلقة بها و تخطر السكرتارية بجدول األعمال. 13 + ( قرار وزاري رقم 368 ) لسنة2014 في شأن الالئحة التنفيذية للقانون االتحادي رقم ( 1 ) لسنة2012 في شأن األطفال مجهولي النسب + + + 7. يبدأ اجتماع اللجنة بحضور الرئيس أو نائبه وأغلبية األعضاء وتصدر قراراتها وتوصياتها بأغلبية +الحاضرين فإذا تساوت األصوات رجح الجانب الذي منه الرئيس وللجنة اتخاذ القرار بالتمرير عن طريق +الرئيس في الحاالت الطارئة. +8. اجتماعات اللجنةغير علنية وال يجوز أن يحضر اجتماعاتها من غير أعضائها إال من ترى اللجنة دعوته +لالستعانة بخبرته. +9. يكون لكل جلسة محضر اجتماع توضح فيه وقائع الجلسة وما صدر فيها من قرارات، ويوقع الرئيس ومقرر +اللجنة عليه ويحفظ في سجالت اللجنة. +توافي اللجنة الوزارات بتقرير دوري كل 3 .أشهر عن مجمل أعمالها في تلك الفترة + +" +family and community,قرار وزاري رقم (368) لسنة 2014 في شأن اللائحة التنفيذية للقانون الاتحادي رقم (1) لسنة 2012 في شأن الأطفال مجهولي النسب,"املادة (19) + تشارك اللجنة في إعداد وتنفيذ البرامج الالزمة لتوعية األسر الحاضنة وأفراد املجتمع بحقوق وحاجات مجهولي +النسب وأحكام القانون والئحته التنفيذية. + +الفصل السابع +التزامات األسرة الحاضنة +" +family and community,قرار وزاري رقم (368) لسنة 2014 في شأن اللائحة التنفيذية للقانون الاتحادي رقم (1) لسنة 2012 في شأن الأطفال مجهولي النسب,"املادة (20) + تلتزماألسرة الحاضنة بما يأتي : +1. إخطار الوزارة بعنوان السكن الجديد في حال تغيير محل اإلقامة، وذلك خالل مدة ال تقل +عن ""10 "" أيام من التاريخ الذي سيتم فيه نقل السكن. +2. في حال اضطرار األسرة الحاضنة إلى تسليم املحضون ألسرة أخرى لفترة مؤقتة، على الحاضن +التقدم بطلب إلى الوزارة ألخذ املوافقة وتصدر الوزارة قرارها في هذا الشأن في مدة ال تزيد +على ""10 """" أيام عمل في األحوال العادية و5 "" أيام عمل في الحاالت الطارئة. +3. عدم التخلي عن االستمرار في حضانة املحضون إال بعد إخطار الوزارة وتسليم املحضون +خالل ""20 "" يوم عمل من تاريخ اإلخطار،وتتولى الوزارة تأمين أسرة حاضنة بديلة أو إلحاق +الطفل في إحدى الدور . +4. اإلفصاح للمحضون عن نسبه بالتنسيق مع الوزارة مع مراعاة ما يلي: 14 + ( قرار وزاري رقم 368 ) لسنة2014 في شأن الالئحة التنفيذية للقانون االتحادي رقم ( 1 ) لسنة2012 في شأن األطفال مجهولي النسب + + + أ. أن يتم اإلفصاح قبل إتمام الطفل ""7 "" سنوات من عمره. +ب. التدرج في إعالم الطفل بواقعه االجتماعي. +ج. مراعاة درجة استيعاب الطفل. +د. مراعاة حالة الطفل النفسية . +ه. اتخاذ اإلجراءات املناسبة المتصاص الصدمة التي يمكن أن يتعرض لها الطفل. +5- تقديم تقرير طبي سنوي عن الحالة الصحية للمحضون على أن يتضمن: +أ. اللقاحات والتطعيمات التي تلقاها املحضون ومدى كفايتها ملثل سنه. +ب. األمراض التي أصيب بها الطفل والعالجات التي تلقاها. +ج. األمراض املزمنة التي يعاني منها املحضون والعالج الطبي املوص ى به. +د. حساسية املحضون لبعض األدوية ومكوناتها. + +" +family and community,قرار وزاري رقم (368) لسنة 2014 في شأن اللائحة التنفيذية للقانون الاتحادي رقم (1) لسنة 2012 في شأن الأطفال مجهولي النسب,"املادة (21) + إذا ثبت أن األسرة الحاضنة قد أخلت بالتزاماتها تجاه املحضون خلالً بسيطًا أو أن ضررًا بسيطًا لحق به سواء +من الناحية الصحية أو األخالقية أو التعليمية أو النفسية تتخذ الوزارة اإلجراءات التالية: +1. لفت نظر األسرة بعدم تكرار ذلك. +2. توعية األسرة بأهمية الحفاظ على املحضون وتجنيبه الضرر من خالل الزيارات امليدانية املكثفة، والتأكد +من استجابة األسرة للفت النظر. +3. في حال تكرر اإلخالل من األسرة بعد توجيه لفت النظر إليها يتم توجيه إنذار إليها بضرورة الوفاء بالتزاماتها +حيال املحضون . +4. إذا لم تستجب األسرة بعد اإلنذار يتم إحالة املوضوع إلى اللجنة التخاذ التوصية املالئمة وفقًا للتدابير +التالية: +أ. إيقاف املساعدة عن الحاضن في حال حصوله على مساعدة ملدة ال تتجاوز ""6"" أشهر. +ب. نقل الطفل مؤقتًا إلى الدار أو أسرة حاضنة ملدة ال تتجاوز "" 3"" أشهر. +ج. إنهاء احتضان األسرة للمحضون وتتولى اللجنة البحث عن أسرة حاضنة مناسبة أو إيداعه في إحدى +الدور. + + 15 + ( قرار وزاري رقم 368 ) لسنة2014 في شأن الالئحة التنفيذية للقانون االتحادي رقم ( 1 ) لسنة2012 في شأن األطفال مجهولي النسب + + + " +family and community,قرار وزاري رقم (368) لسنة 2014 في شأن اللائحة التنفيذية للقانون الاتحادي رقم (1) لسنة 2012 في شأن الأطفال مجهولي النسب,"املادة (22) + إذا ثبت أن األسرة الحاضنة قد أخلت بالتزاماتها تجاه املحضون إخالالًجسيمًا أو أن ضررًا جسيمًا لحق به +سواء من الناحية الصحية أو الجسدية أو األخالقية أو التعليمية أو النفسية يصدر الوزير بناء على توصية +اللجنة قرارًا باسترداد املحضون من األسرة الحاضنة دون أن يكون له حق االعتراض على ذلك، وتتولى اللجنة +في هذه الحالة البحث عن أسر ة حاضنة مناسبة واتخاذ اإلجراءات القانونية الالزمة. + +" +family and community,قرار وزاري رقم (368) لسنة 2014 في شأن اللائحة التنفيذية للقانون الاتحادي رقم (1) لسنة 2012 في شأن الأطفال مجهولي النسب,"املادة (23) + يعد خلالً وضررًا جسيمًا كل من أساء إلى املحضون بالقول الجارح أو الفعل العنيف، أو قام بتهديده، أو انتهك +حقوقه األساسية وال سيما حقه في الغذاء واملسكن وامللبس والتعليم والصحة، أو مارس العنف ضده، أو غاب +عنه أو أهمله كليًّا على النحو الذي يمثل خطرًا على حياته ويعرض أمنه وسالمته ومستقبله للخطر، أو شجعه +على ممارسة األعمال املنافية لآلداب والنظام العام، أو زين له األعمال اإلباحية، أو تحرش به، أو مارس أي نوع +من أنواع االستغالل الجنس ي واالقتصادي معه، أو شجعه أو سمح له بتعاطي املخدرات أو شرب الكحوليات. + +الفصل الثامن +انتهاء متابعة املحضون +" +family and community,قرار وزاري رقم (368) لسنة 2014 في شأن اللائحة التنفيذية للقانون الاتحادي رقم (1) لسنة 2012 في شأن الأطفال مجهولي النسب,"املادة (24) +( مع مراعاة أحكام املادة10 ) من القانون تنتهي رعاية الدار أو األسرة الحاضنة للطفل املحضون في الحاالت +اآلتية: +1. ثبوت بنوة مجهول النسب. +2. وفاة املحضون. +3. وفاة الحاضنوعدم وجود شخص باألسرة الحاضنة تتوافر فيه الشروط الواجبة لالحتضان . +4. ثبوت الخلل أو الضرر الجسيم بحق املحضون. +5. "" فقدان أي من املعايير املنصوص عليها في املادة13"" من الالئحة. +6. في حال الحكم على أي من الزوجين بالحبس أو السجن في أي من القضايا املخلة بالشرف أو األمانة. +7. ثبوت عدم قدرة األسرة على الوفاء بالتزاماتها تجاه املحضون. +8. إذا غاب الحاضن غيبة طويلة وفقًا ملا تراها وتقدرها اللجنة. +9. إذا طلبت األسرة الحاضنة التخلي عن الحضانة. +10. .إذا رفض املحضون االستمرار في البقاء في األسرة الحاضنة 16 + ( قرار وزاري رقم 368 ) لسنة2014 في شأن الالئحة التنفيذية للقانون االتحادي رقم ( 1 ) لسنة2012 في شأن األطفال مجهولي النسب + + + " +family and community,قرار وزاري رقم (368) لسنة 2014 في شأن اللائحة التنفيذية للقانون الاتحادي رقم (1) لسنة 2012 في شأن الأطفال مجهولي النسب,"املادة (25) + تنشر هذه الالئحة في الجريدةالرسمية ويعمل بها من اليوم التالي لتاريخ نشرها. + + + + + +مرررررررررررررررررريم محمرررررررررررررررررد خلفررررررررررررررررران الرومرررررررررررررررررري +وزيرررررررررررررررررررررررررررررررررررررررة تنميررررررررررررررررررررررررررررررررررررررة املجتمررررررررررررررررررررررررررررررررررررررع + + + + + + +صدر عنا +بتاريخ: 10/ /شعبان 1435هر +املوافق: 08/ يونيو/ 2014م +ـــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــ + "